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CONSENT AGREEMENT BETWEEN - State Medical Board of Ohio ...

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Matter <strong>of</strong> Kyle Elliott Hoogendoorn, D.P.M. Page 51<br />

educational experience, and I have a constant referral source for chronic<br />

painful conditions <strong>of</strong> the foot and ankle only.<br />

(Tr. at 2519-2520)<br />

117. Dr. Hoogendoorn testified that, since completing his fellowship, he has developed a “niche<br />

practice” treating chronic podiatric pain. Dr. Hoogendoorn further testified that it is a<br />

referral-based practice from other physicians, allopaths, osteopaths, and podiatrists.<br />

(Tr. at 2528-2529)<br />

FINDINGS OF FACT<br />

1. From in or about 2000 to in or about 2001, Kyle Elliott Hoogendoorn, D.P.M., undertook<br />

the treatment <strong>of</strong> nineteen patients 14 as identified on a confidential Patient Key. During the<br />

period in or about August 2000 through in or about November 2001, Dr. Hoogendoorn:<br />

(a) Administered chemoneurolytic and other injections into the splenius capitis, levator<br />

scapulae, trapezius, superior trapezius, cervical erector spinae, thoracic erector spinae,<br />

lumbar erector spinae, latissimus dorsi, paraspinal, and/or rhomboid muscles, and/or<br />

the intraspinous ligament, and/or greater trochanter, and/or gluteal area <strong>of</strong> Patients 1-<br />

5, 7-9(6-8), 11(9), 14(12), 17(13), and 21-22(16-17).<br />

The evidence is insufficient to support a finding that Dr. Hoogendoorn administered<br />

chemoneurolytic or other injections to Patient 20.<br />

Further, the evidence is insufficient to support a finding that Dr. Hoogendoorn<br />

administered chemoneurolytic or other injections into a zygapophyseal joint <strong>of</strong> any<br />

patient.<br />

(b) Prescribed controlled and noncontrolled medications, including, but not limited to,<br />

Nicotrol, Wellbutrin, Neurontin, Propranolol, Vioxx, Zyprexa, Ultram, OxyContin,<br />

Clonazepam, Duragesic, Depakote, Senokot, Trazadone, hydrocodone, methadone,<br />

Transderm Scop, Celebrex, Zanaflex, Catapres, Zithromax, propoxyphene, oxazepam<br />

and/or methylphenidate to Patients 2, 7(6), 11-14(9-12), 18(14), 20(15), 23(18), and<br />

24(19) for the treatment <strong>of</strong> non-podiatric conditions.<br />

2. The Respondents presented evidence that, during the period in question, Dr. Hoogendoorn<br />

had been engaged in a pain medicine fellowship run by Dr. Leak. Although the wisdom <strong>of</strong><br />

a podiatrist engaging in such a fellowship may be questionable, the evidence shows that it<br />

is more likely than not that the fellowship at PCC was a legitimate fellowship. Moreover,<br />

the Respondents presented convincing evidence that, in January 2002, Dr. Leak’s<br />

fellowship program received approval as a podiatric fellowship by the Council for Podiatric<br />

14 Patient numbers in this section are referred to by their number in the Master Patient Key. If the patient number on<br />

Dr. Hoogendoorn’s patient key differed, that patient number is noted in parentheses. See <strong>Board</strong> Exhibit I.

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