JANUARY -
Based on allegations that doctor wrote prescriptions for controlled substances as treatment of medical conditions for two persons who qualify as family members without documenting the prescriptions or any examination, evaluation or treatment in any patient record. Notice of opportunity for hearing mailed 1/13/11.
By Decision and Entry filed 1/12/11, the Franklin County Court of Common Pleas denied doctor's motion to stay the Board's 11/10/10 Order pending appeal.
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FEBRUARY -
HERTZFELD, Robert J. (MD #35.030990) - Toledo, OH
Board Order permanently revoking doctor's medical license as authorized by doctor in lieu of further investigation of allegations of doctor's possible inability to practice according to acceptable and prevailing standards of care due to habitual or excessive use or abuse of drugs, alcohol, or other substances that impair ability to practice. Effective 2/9/11.
By Decision and Entry filed 1/10/11, the Franklin County Court of Common Pleas denied doctor's motion for stay of the Board's 11/10/10 Order permanently revoking doctor's medical license.
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MARCH -
Doctor's request for restoration of his medical license, subject to probationary terms, conditions, and limitations established in the 1/8/03 Board Order for a minimum of five years, granted by 3/10/11 Board vote. Reinstatement effective 3/10/11
PROBATION COMPLETED - REEVES, Robert S., Jr. (MD #35.050586) - Bellevue, OH
Doctor's request for release from the terms of the 2/11/04 Board Order granted by 3/9/11 Board vote. Release effective 3/10/11.
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APRIL -
CITATIONS PROPOSED DENIAL: HOWALD, Caroline Elizabeth-Mae (MT Applicant) - Toledo, OH
Massage therapy applicant notified of right to request a hearing on the question of whether applicant's failure to submit to a mental or physical examination as ordered by the Board was due to circumstances beyond the applicant's control. Based on the legal presumption that applicant'sfailure to submit to a mental or physical examination as ordered by the Board constitutes admission of the legal and factual allegations demonstrating that applicant is impaired in the ability to practice according to acceptable and prevailing standards of care because of habitual or excessive use or abuse of drugs, alcohol, or other substances that impair ability to practice.
Notice of opportunity for hearing mailed 4/14/11.
Based on applicant's alleged making of a false, fraudulent, deceptive, or misleading statement in securing or attempting to secure an Ohio license, the underlying basis being applicant's failure to disclose having been found guilty of Disorderly Conduct based upon having been charged with
Loitering; Solicit Others for the Purpose of Engaging in Illicit Sexual Conduct and Obstructing
Official Business; having been found guilty of one misdemeanor count of Possession of Drug
Paraphernalia involving possession of a hypodermic needle; having been subsequently arrested twice more for Possession of Drug Paraphernalia involving possession of a hypodermic needle; and having been charged with one count of Prostitution, for which a warrant for applicant's arrest is currently outstanding. Notice of Opportunity for Hearing mailed 4/14/11.
COURT ACTION UPDATE - HALL, Darrell Andre (MD #35.072948) - Toledo, OH
By Decision and Entry filed on 4/26/11, the Franklin County Court of Common Pleas affirmed Board's Order permanently revoking doctor's medical license.
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MAY
CITATIONS AND PROPOSED DENIALS - LINARES, Oscar Augustine (MD #35.094325) - Monroe, MI
Based on the prior immediate suspension of doctor's DEA registration based on repeated issuance of prescriptions for controlled substances for other than legitimate medical purpose or outside the usual course of practice and doctor's voluntary surrender of his DEA controlled substance privileges based upon alleged failure to comply with federal requirements pertaining to controlled substances. Notice of opportunity for hearing mailed 5/12/11.
By Order and Entry filed 5/10/11, the Medical Board dismissed the charges alleging violations of Chapter 4731-25, Ohio Administrative Code. All other allegations in the Notice of Opportunity for Hearing were unaffected.
Medical license suspended for 30 days, with suspension stayed; probationary terms, conditions, and limitations established for at least five years. Based on doctor having been found guilty of one count of Illegal Medical Balance Billing and on prior actions by the Illinois and Washington medical licensing agencies. Order effective 5/12/11.
Medical license suspended for at least 180 days, conditions for reinstatement established, and subsequent probationary terms, conditions, and limitations established for at least three years.
Based on prior actions by the New York and Michigan medical licensing agencies and on doctor having made a false, fraudulent, deceptive, or misleading statement on his Ohio licensure application. Order effective 5/26/11.
Doctor reprimanded, and probationary terms, conditions, and limitations established for at least 12 months. Based on Board's determination that doctor made a false, fraudulent, deceptive, or misleading statement on his 6/30/06 Ohio licensure application, application for appointment to a medical center, and in relation to the practice of medicine. Order effective 5/26/11.
CONSENT AGREEMENTS
Medical license suspended for at least 90 days; interim monitoring conditions and conditions for reinstatement established, including requirement that doctor enter into subsequent consent agreement incorporating probationary terms, conditions, and limitations to monitor practice.
Based on doctor's admission of having relapsed on alcohol, having been diagnosed with alcohol dependency, and being impaired in ability to practice medicine according to acceptable and prevailing standards of care due to the habitual or excessive use or abuse of alcohol. Agreement effective 5/11/11.
VOLUNTARY SURRENDERS/RETIREMENTS
Doctor's permanent voluntary retirement of medical license accepted by Board in lieu of further investigation concerning a physical condition that impacts doctor's ability to practice medicine.
Effective 5/11/11.
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JUNE
FINAL DISCIPLINARY ORDERS
Medical license revoked. Based on Board's determination that doctor violated the terms of the 8/9/07 consent agreement by failing to submit required reports and drug and alcohol screens, announcing his decision to terminate the consent agreement, failing to notify the Board of his new address, and failing to appear for required personal appearances. Order effective 6/9/11.
(Journal Entry - no hearing requested)
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JULY
FINAL DISCIPLINARY ORDERS
Doctor reprimanded; probationary terms, conditions, and limitations established for at least 12 months. Based on Board's determination that doctor prescribed controlled substances to two patients who were family members in violation of Rule 4731-11-02, OAC, which also constitutes failure to maintain minimal standards applicable to the selection or administration of drugs and a departure from the minimal standards of care. Order effective 7/29/11.
Doctor's request to reduce required psychiatric sessions to once per month granted by 7/14/11 Board vote.
COURT ACTION UPDATE
By Decision and Final Judgment filed on 7/29/11, the Franklin County Court of Common Pleas affirmed the Board's 8/11/10 Order suspending doctor's medical license.
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AUGUST
Doctor's request for approval of a practice plan and monitoring physician approved by vote of the Board on 8/11/2011. Frequency and number of charts to be reviewed by monitoring physician established.
Doctor's request for approval of assessor for purposes of reinstatement approved by vote of the Board on 8/11/2011.
Doctor's request for approval of ethics course approved by vote of the Board on 8/10/2011.
PROBATION TERMINATED
Doctor's request for release from terms of 7/14/2010 consent agreement granted by vote of the Board on 8/10/2011, effective immediately.
COURT ACTIONS
By Decision and Entry filed 7/29/2011, Franklin County Court of Common Pleas affirmed Board's 8/11/2010 suspension Order.
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SEPTEMBER
CONSENT AGREEMENTS
Medical license reinstated subject to probationary terms, conditions and limitations based on doctor having been deemed capable of practicing according to acceptable and prevailing standards of care so long as certain treatment and monitoring conditions are in place. Agreement effective 9/14/11; agreement to remain in effect for at least five years prior to any request for termination.
COURT ACTIONS
Notice of appeal to 10th District Court of Appeals filed by the doctor on 8/9/11.
By Entry filed on 8/18/11, 10th District Court of Appeals stayed the decision of the Franklin County Court of Common Pleas, which had upheld the Board's 8/11/10 suspension Order. Stay to remain in effect during the pendency of the appeal.
NON-DISCIPLINARY ACTIONS
Application for license to practice medicine and surgery denied. Based on physician not having the requisite examination sequence required for issuance of the license. NONDISCIPLINARY. Order effective 9/15/11.
Please note that revocation and suspension Orders are not always effective immediately.
If you have questions about effective dates or conditions governing a doctor's practice before a Board Order takes effect, please contact the office.
Ohio law permits appeal of a Board Order to the Franklin County Court of Common Pleas. Due to this possibility and the potential for a stay that might delay the imposition of a Board action, you may wish to contact us periodically to verify a given practitioner's licensure status.
Most current citation letters, Board Orders, consent agreements and voluntary surrenders or retirements are available on the Medical Board's website at under "Physician Profile and Status." If you have questions or need additional details about Citations, Board Orders, Consent Agreements, or Court Actions, please contact the Case Control Office. If you have questions regarding a probationary modification or a probationary request, please contact the Compliance Office. Our offices may be reached at (614) 466-3934.
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OCTOBER
Doctor's request for approval of monitoring physician granted by vote of the Board on 10/13/11. Frequency and number of charts to be reviewed by monitoring physician established.
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NOVEMBER
CITATIONS/PROPOSED DENIALS
Based on massage therapist's violation of conditions of limitation imposed on his license by 5/12/10 Board Order due to his failure to submit required reports and failure to comply with required drug and alcohol screen procedures. Notice of opportunity for hearing mailed 11/10/11.
