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<strong>OKLAHOMA</strong> <strong>STATE</strong> <strong>BOARD</strong> <strong>OF</strong> <strong>OSTEOPATHIC</strong> <strong>EXAMINERS</strong><br />

DATE <strong>OF</strong> MEETING March 18, 2010<br />

QUARTERLY MEETING MINUTES<br />

March 18, 2010<br />

PLACE <strong>OF</strong> MEETING Oklahoma Osteopathic Board Offices<br />

4848 N. Lincoln<br />

Oklahoma City, OK 73105<br />

MEMBERS PRESENT<br />

Gordon P. Laird, D.O.<br />

Carl B. Pettigrew, D.O.<br />

B. Frank Shaw, Jr., D.O.<br />

Catherine C. Taylor, J.D.<br />

LeRoy E. Young, D.O.<br />

MEMBERS ABSENT Jay D. Cunningham, D.O.<br />

Thomas R. Pickard, D.O.<br />

Cheryl A. Vaught, J.D.<br />

ALSO PRESENT Greg Albert, J.D.<br />

Lanny Anderson, OHPP<br />

James M. Andriole, D.O., F.S.M.B.<br />

Sherry Boyce, J.D.<br />

Scott Brockman, J.D.<br />

Tony Brown, D.O.<br />

Steve Browning<br />

Deborah J. Bruce, J.D., Board of Osteopathic Examiners<br />

W. Edward Clymer, D.O.<br />

Lt. Jeff Cooper, Ok City Police Dept.<br />

Larry Derryberry, J.D.<br />

Kim Floyd, D.O.<br />

Daniel Gamino, J.D., Board Legal Advisor<br />

Ryan Hearne, J.D.<br />

David Johnson, M.A., F.S.M.B.<br />

Lyle Kelsey, Exec. Director, Ok Medical Board<br />

Merlin Kilbury, M.D.<br />

Corinne Kilbury<br />

Mary King<br />

Lynette C. McLain, Oklahoma Osteopathic Association<br />

Jess McCullough, Board of Osteopathic Examiners<br />

Mary K. Mercer, D.O.<br />

Richard A. Mildren, J.D., Board Prosecuting Attorney<br />

Patrice Mooney, D.O.<br />

Linda Murphy<br />

John Musilla, D.O.<br />

Jill O’Neill<br />

Patrick O’Neill, D.O.<br />

Howard Perkins, J.D.<br />

Trina Robinson, DNR Court Reporter<br />

Clayton Royder, D.O.<br />

Mona Royder


OSBOE Quarterly Board Meeting – March 18, 2010 Page 2<br />

Alexandra Royder<br />

Katarina Royder<br />

Jack M. Shearer, D.O.<br />

Barbara Shepherd, Board of Osteopathic Examiners<br />

Mona Spivey, Oklahoma Osteopathic Association<br />

Hugh D. Tidler, Board of Osteopathic Examiners<br />

Rodney L. Turner, Board of Osteopathic Examiners<br />

Ann Witten<br />

Joe Witten, D.O.<br />

General Public<br />

PRESIDING Gordon P. Laird, President<br />

1. CALL TO ORDER<br />

Dr. Gordon P. Laird, President, called the meeting to order at 9:00 a.m.<br />

2. APPROVAL <strong>OF</strong> MINUTES<br />

Dr. Laird asked the members of the Board if they had reviewed the minutes from the Quarterly<br />

Board Meeting of December 10, 2009. Dr. Laird asked for any additions, corrections or deletions to<br />

the minutes.<br />

Dr. Pettigrew moved to approve the minutes of the December 10, 2009 Quarterly Board Meeting.<br />

Dr. Young seconded the motion.<br />

Dr. Laird called for the votes on the motion to approve the minutes and a roll call.<br />

The roll call/votes were: Dr. Cunningham, abs; Dr. Laird, yes; Dr. Pettigrew, yes; Dr. Pickard, abs;<br />

Dr. Shaw, yes; Ms. Taylor, yes; Ms. Vaught, abs; Dr. Young, yes.<br />

The motion passed.<br />

3. REPORTS<br />

A. PRESIDENT’S REPORT<br />

No report.<br />

B. OOA EXECUTIVE DIRECTOR REPORT<br />

No report.<br />

C. EXECUTIVE DIRECTOR REPORT<br />

No report<br />

D. BUDGET<br />

Ms. Bruce and Mr. Turner submitted the monthly Summary of Income and Expenses to the Board.<br />

Dr. Laird asked the members of the Board if they had reviewed the budget documents as submitted.<br />

No motion was made.<br />

4. FEDERATION <strong>OF</strong> <strong>STATE</strong> MEDICAL <strong>BOARD</strong>S [FSMB]


OSBOE Quarterly Board Meeting – March 18, 2010 Page 3<br />

Dr. Laird recognized Dr. James M. Andriole, D.O., Treasurer of the FSMB Board of Directors and<br />

David Johnson, M.A, Vice-President of FSMB Assessment Services to make a presentation on services<br />

provided by the Federation. Following the presentation, the Board held a Question and Answer session.<br />

Dr. Laird thanked the FSMB representatives for the visit and the presentation.<br />

No motion was made.<br />

5. <strong>OKLAHOMA</strong> HEALTH PR<strong>OF</strong>ESSIONALS PROGRAM [OHPP]<br />

Dr. Laird recognized Dr. Lanny Anderson, M.D., to make a presentation on services and methods of<br />

OHPP when dealing with referrals from the Board. At the conclusion of the presentation, Dr. Laird<br />

thanked Dr. Anderson and Dr. Kilbury for their continued service to the Board.<br />

6. RESOLUTION ON <strong>BOARD</strong> CERTIFICATION TO THE FSMB<br />

Dr. Laird called for a formal vote on this matter following the survey that was conducted by facsimile.<br />

Ms. Taylor moved to support the Resolution to the FSMB House of Delegates for a committee to<br />

study the formalities of approval for potential Board-Certifying entities.<br />

Dr. Shaw seconded the motion.<br />

Dr. Laird called for the votes on the motion and a roll call.<br />

The roll call/votes were: Dr. Cunningham, abs; Dr. Laird, yes; Dr. Pettigrew, yes; Dr. Pickard, abs;<br />

Dr. Shaw, yes; Ms. Taylor, yes; Ms. Vaught, abs; Dr. Young, no.<br />

The motion passed.<br />

7. REQUEST <strong>OF</strong> AMERICAN <strong>BOARD</strong> <strong>OF</strong> INTERVENTIONAL PAIN PHYSICIANS<br />

FOR RECOGNITION AS A <strong>BOARD</strong>-CERTIFYING ORGANIZATION<br />

Dr. Laird called for discussion of this matter that had been submitted in writing to the Board.<br />

Dr. Pettigrew moved to deny the request of the ABIPP for recognition as a Board Certifying<br />

organization.<br />

Dr. Young seconded the motion.<br />

Dr. Laird called for the votes on the motion and a roll call.<br />

The roll call/votes were: Dr. Cunningham, abs; Dr. Laird, yes; Dr. Pettigrew, yes; Dr. Pickard, abs;<br />

Dr. Shaw, yes; Ms. Taylor, yes; Ms. Vaught, abs; Dr. Young, yes.<br />

The motion passed.<br />

8. REQUEST FOR CME EXEMPTION<br />

The Board considered a request for CME exemption from Kyle Jones, D.O.<br />

Dr. Young moved to approve the request of Kyle Jones, D.O. for a one-year CME exemption for<br />

2010.<br />

Ms. Taylor seconded the motion.<br />

Dr. Laird called for the votes on the motion and a roll call.


OSBOE Quarterly Board Meeting – March 18, 2010 Page 4<br />

The roll call/votes were: Dr. Cunningham, abs; Dr. Laird, yes; Dr. Pettigrew, yes; Dr. Pickard, abs;<br />

Dr. Shaw, yes; Ms. Taylor, yes; Ms. Vaught, abs; Dr. Young, yes.<br />

The motion passed.<br />

The Board considered a request for CME exemption from Jeff Jennings, D.O.<br />

Dr. Young moved to approve the request of Jeff Jennings, D.O. for a one-year Proper Prescribing<br />

exemption for 2010.<br />

Ms. Taylor seconded the motion.<br />

Dr. Laird called for the votes on the motion and a roll call.<br />

The roll call/votes were: Dr. Cunningham, abs; Dr. Laird, yes; Dr. Pettigrew, yes; Dr. Pickard, abs;<br />

Dr. Shaw, yes; Ms. Taylor, yes; Ms. Vaught, abs; Dr. Young, yes.<br />

The motion passed.<br />

9. REQUEST FOR NAME CHANGE<br />

The Board considered the request for a name change from Tiffany Rae Pinkerton, D.O. to Tiffany Rae<br />

Ferguson, D.O.<br />

Dr. Young moved to approve the request for a name change of Tiffany Rae Pinkerton, D.O. to<br />

Tiffany Rae Ferguson, D.O.<br />

Dr. Shaw seconded the motion.<br />

Dr. Laird called for the votes on the motion and a roll call.<br />

The roll call/votes were: Dr. Cunningham, abs; Dr. Laird, yes; Dr. Pettigrew, yes; Dr. Pickard, abs;<br />

Dr. Shaw, yes; Ms. Taylor, yes; Ms. Vaught, abs; Dr. Young, yes.<br />

The motion passed.<br />

10. PROBATION APPEARANCES<br />

(Daniel Gamino, J.D. swore in all respondents and witnesses.)<br />

Kim D. Floyd, D.O.<br />

Dr. Laird called the matter of Kim D. Floyd, D.O. to order. Dr. Floyd appeared in person with his<br />

counsel, Scott Brockman, J.D. and Dr. Lanny Anderson of OHPP and reported on his progress while on<br />

probation. Greg Albert, J.D. and Mary King also spoke on his behalf.<br />

Dr. Shaw moved to go into Executive Session.<br />

Dr. Young seconded the motion.<br />

Dr. Laird called for a roll call vote on the motion.<br />

The roll call/votes were: Dr. Cunningham, abs; Dr. Laird, yes; Dr. Pettigrew, yes; Dr. Pickard, abs;<br />

Dr. Shaw, yes; Ms. Taylor, yes; Ms. Vaught, abs; Dr. Young, yes.<br />

The motion passed.


OSBOE Quarterly Board Meeting – March 18, 2010 Page 5<br />

All staff and guests left the hearing room.<br />

Mr. Gamino announced the Executive Session had concluded.<br />

Dr. Shaw moved to come out of Executive Session.<br />

Dr. Young seconded the motion.<br />

Dr. Laird called for a roll call vote on the motion.<br />

The roll call/votes were: Dr. Cunningham, abs; Dr. Laird, yes; Dr. Pettigrew, yes; Dr. Pickard, abs;<br />

Dr. Shaw, yes; Ms. Taylor, yes; Ms. Vaught, abs; Dr. Young, yes.<br />

The motion passed.<br />

Ms. Taylor moved to amend the conditions of the probation of Kim D. Floyd, D.O. in the following<br />

manner: He is to follow all recommendations of the Pinegrove Evaluation and OHPP. By the time<br />

of the June, 2010 Board Meeting, Dr. Floyd is to report the results of his in-patient treatment for<br />

alcohol/substance abuse. If Dr. Floyd is not fully compliant with the Orders of the Board, it shall<br />

be grounds for immediate suspension.<br />

Dr. Pettigrew seconded the motion.<br />

Dr. Laird called for a roll call vote on the motion.<br />

The roll call/votes were: Dr. Cunningham, abs; Dr. Laird, yes; Dr. Pettigrew, yes; Dr. Pickard, abs;<br />

Dr. Shaw, yes; Ms. Taylor, yes; Ms. Vaught, abs; Dr. Young, yes.<br />

The motion passed.<br />

Patrick J. O’Neill, D.O.<br />

Dr. Laird called the matter of Patrick J. O’Neill, D.O. to order. Dr. O’Neill appeared in person without<br />

counsel and reported on his progress while on probation.<br />

No motion followed.<br />

Tony Brown, D.O.<br />

Dr. Laird called the matter of Tony Brown, D.O. to order. Dr. Brown appeared in person without<br />

counsel and reported on his progress while on probation. Dr. Anderson reported on Dr. Brown’s<br />

improvement in following his OHPP contract.<br />

No motion followed.<br />

Joe Witten, D.O.<br />

Dr. Laird called the matter of Joe Witten, D.O. to order. Dr. Witten appeared in person without counsel<br />

and reported on his progress while on probation.<br />

Dr. Shaw moved to go into Executive Session.<br />

Ms. Taylor seconded the motion.<br />

Dr. Laird called for a roll call vote on the motion.


OSBOE Quarterly Board Meeting – March 18, 2010 Page 6<br />

The roll call/votes were: Dr. Cunningham, abs; Dr. Laird, yes; Dr. Pettigrew, yes; Dr. Pickard, abs;<br />

Dr. Shaw, yes; Ms. Taylor, yes; Ms. Vaught, abs; Dr. Young, yes.<br />

The motion passed.<br />

All staff and guests left the hearing room.<br />

Mr. Gamino announced the Executive Session had concluded.<br />

Dr. Shaw moved to come out of Executive Session.<br />

Ms. Taylor seconded the motion.<br />

Dr. Laird called for a roll call vote on the motion.<br />

The roll call/votes were: Dr. Cunningham, abs; Dr. Laird, yes; Dr. Pettigrew, yes; Dr. Pickard, abs;<br />

Dr. Shaw, yes; Ms. Taylor, yes; Ms. Vaught, abs; Dr. Young, yes.<br />

The motion passed.<br />

No motion followed.<br />

W. Edward Clymer, D.O.<br />

Dr. Laird recused and left the room. Ms. Taylor called the matter of W. Edward Clymer, D.O. to order.<br />

Dr. Clymer appeared in person with his counsel, Sherry Boyce, and reported on his progress while on<br />

probation and on the status of the criminal case pending against him in Pawnee County. Ms. Boyce<br />

reported that the Judge is expected to rule on March 26, 2010.<br />

Dr. Shaw moved to order W. Edward Clymer, D.O. to continue on Probation and to table further<br />

consideration of all matters until the next Board meeting.<br />

Dr. Young seconded the motion.<br />

Ms. Taylor called for the votes on the motion and a roll call.<br />

The roll call/votes were: Dr. Cunningham, abs; Dr. Laird, recused; Dr. Pettigrew, yes; Dr. Pickard,<br />

abs; Dr. Shaw, yes; Ms. Taylor, yes; Ms. Vaught, abs; Dr. Young, yes.<br />

The motion passed.<br />

11. PRECEPTORSHIP APPEARANCES<br />

(Daniel Gamino, J.D., swore in all respondents and witnesses.)<br />

Patrice E. Mooney, D.O.<br />

Dr. Laird called the matter of Patrice E. Mooney, D.O. to order. Dr. Mooney appeared in person<br />

accompanied by her counsel, Howard Perkins, J.D., and reported on her progress during her<br />

Preceptorship. Dr. Laird recognized Deborah Bruce, Executive Director, who reported that Dr.<br />

Mooney had successfully completed all requirements of the Board Order she was under and was eligible<br />

for termination of the Preceptorship.<br />

Dr. Shaw moved to terminate the Preceptorship of Patrice E. Mooney, D.O. following successful<br />

completion thereof.


OSBOE Quarterly Board Meeting – March 18, 2010 Page 7<br />

Dr. Young seconded the motion.<br />

Dr. Laird called for the votes on the motion and a roll call.<br />

The roll call/votes were: Dr. Cunningham, abs; Dr. Laird, yes; Dr. Pettigrew, yes; Dr. Pickard, abs;<br />

Dr. Shaw, yes; Ms. Taylor, yes; Ms. Vaught, abs; Dr. Young, yes.<br />

The motion passed.<br />

Mary Kathryn Mercer, D.O.<br />

Dr. Laird called the matter of Mary Kathryn Mercer, D.O. to order. Dr. Mercer was present and<br />

accompanied by her counsel, Ryan W. Hearne, J.D., and reported on her progress during her<br />

Preceptorship. Dr. Mercer requested Board permission to extend her working hours to seven (7) hours a<br />

day in order to do paperwork. If granted, her patient load would remain the same.<br />

Dr. Pettigrew moved to extend the working hours of Mary Kathryn Mercer, D.O. to seven (7) hours<br />

a day. All other terms and conditions of the Board Order of l2/10/09 would remain the same.<br />

Dr. Shaw seconded the motion.<br />

Dr. Laird called for the votes on the motion and a roll call.<br />

The roll call/votes were: Dr. Cunningham, abs; Dr. Laird, yes; Dr. Pettigrew, yes; Dr. Pickard, abs;<br />

Dr. Shaw, yes; Ms. Taylor, yes; Ms. Vaught, abs; Dr. Young, yes.<br />

The motion passed.<br />

12. APPLICANTS FOR LICENSURE – APPEARANCES<br />

Clayton Royder, D.O.<br />

Dr. Laird called the matter of Clayton Royder, D.O. to order. Dr. Royder was present and accompanied<br />

by his family and his counsel, Larry Derryberry, J.D. Dr. Royder submitted his application for licensure<br />

and discussed it with the Board.<br />

Dr. Shaw moved to go into Executive Session.<br />

Dr. Young seconded the motion.<br />

Dr. Laird called for the votes on the motion and a roll call.<br />

The roll call/votes were: Dr. Cunningham, abs; Dr. Laird, yes; Dr. Pettigrew, yes; Dr. Pickard, abs;<br />

Dr. Shaw, yes; Ms. Taylor, yes; Ms. Vaught, abs; Dr. Young, yes.<br />

The motion passed.<br />

All staff and guests left the hearing room.<br />

Mr. Gamino announced the Executive Session had concluded.<br />

Dr. Shaw moved to come out of Executive Session.<br />

Ms. Taylor seconded the motion.<br />

Dr. Laird called for a roll call vote on the motion.


OSBOE Quarterly Board Meeting – March 18, 2010 Page 8<br />

The roll call/votes were: Dr. Cunningham, abs; Dr. Laird, yes; Dr. Pettigrew, yes; Dr. Pickard, abs;<br />

Dr. Shaw, yes; Ms. Taylor, yes; Ms. Vaught, abs; Dr. Young, yes.<br />

The motion passed.<br />

Dr. Shaw moved to issue an Interim Order of Consideration for Clayton Royder, D.O., directing<br />

him to CPEP or its equivalent for evaluation of his clinical skills, medical knowledge, and fitness to<br />

practice osteopathic medicine. After completion of the evaluation, Dr. Royder is to return to the<br />

Board for such further action as the Board deems necessary and proper.<br />

Ms. Taylor seconded the motion.<br />

Dr. Laird called for a roll call vote on the motion.<br />

The roll call/votes were: Dr. Cunningham, abs; Dr. Laird, yes; Dr. Pettigrew, yes; Dr. Pickard, abs;<br />

Dr. Shaw, yes; Ms. Taylor, yes; Ms. Vaught, abs; Dr. Young, yes.<br />

The motion passed.<br />

Jack M. Shearer, D.O.<br />

Dr. Laird called the matter of Jack M. Shearer, D.O. to order. Dr. Shearer appeared in person<br />

accompanied by Dr. Lanny Anderson of OHPP requesting reinstatement of his license, number 4032.<br />

Discussion followed.<br />

Dr. Shaw moved to reinstate the license of Jack M. Shearer, License number 4032, and place Dr.<br />

Shearer on one (1) year Probation. All employment opportunities are to be approved by Board<br />

Staff. Dr. Shearer is to complete sixteen (16) hours of CME and pay all past license fees and late<br />

fees prior to June 30, 2010 when he will be required to renew his license. He is to make quarterly<br />

appearances before the Board.<br />

Dr. Young seconded the motion.<br />

Dr. Laird called for a roll call vote on the motion.<br />

The roll call/votes were: Dr. Cunningham, abs; Dr. Laird, yes; Dr. Pettigrew, yes; Dr. Pickard, abs;<br />

Dr. Shaw, yes; Ms. Taylor, yes; Ms. Vaught, abs; Dr. Young, yes.<br />

The motion passed.<br />

13. APPLICANTS FOR LICENSURE – NOT APPEARING<br />

The Board reviewed twenty-six (26) new licensure files.<br />

Dr. Shaw moved to grant the request of the twenty-six (26) applicants to practice osteopathic<br />

medicine in the state of Oklahoma, pending completion of the licensure files.<br />

Dr. Young seconded the motion.<br />

Dr. Laird called for a roll call vote on the motion.<br />

The roll call/votes were: Dr. Cunningham, abs; Dr. Laird, yes; Dr. Pettigrew, yes; Dr. Pickard, abs;<br />

Dr. Shaw, yes; Ms. Taylor, yes; Ms. Vaught, abs; Dr. Young, yes.<br />

The motion passed.


OSBOE Quarterly Board Meeting – March 18, 2010 Page 9<br />

The Board reviewed the request of Evan W. Lee, Jr., D.O., license number 3512, for late renewal.<br />

Dr. Young moved to approve the late renewal of Evan W. Lee, Jr., D.O., license number 3512,<br />

following payment of all fees.<br />

Dr. Shaw seconded the motion.<br />

Dr. Laird called for a roll call vote on the motion.<br />

The roll call/votes were: Dr. Cunningham, abs; Dr. Laird, yes; Dr. Pettigrew, yes; Dr. Pickard, abs;<br />

Dr. Shaw, yes; Ms. Taylor, yes; Ms. Vaught, abs; Dr. Young, yes.<br />

The motion passed.<br />

The Board reviewed the request of Steven Brian Hoel, D.O., license number 3161, to re-issue his<br />

license.<br />

Dr. Young moved to approve the reissue of a license to Steven Brian Hoel, D.O., license number<br />

3161, following payment of all fees.<br />

Dr. Shaw seconded the motion.<br />

Dr. Laird called for a roll call vote on the motion.<br />

The roll call/votes were: Dr. Cunningham, abs; Dr. Laird, yes; Dr. Pettigrew, yes; Dr. Pickard, abs;<br />

Dr. Shaw, yes; Ms. Taylor, yes; Ms. Vaught, abs; Dr. Young, yes.<br />

The motion passed.<br />

The Board reviewed the special request of applicant Michael Scott Weiner, D.O., on overseas military<br />

active-duty.<br />

Dr. Laird moved to approve the issuance of a license to Michael Scott Weiner to practice<br />

osteopathic medicine.<br />

Dr. Pettigrew seconded the motion.<br />

Dr. Laird called for a roll call vote on the motion.<br />

The roll call/votes were: Dr. Cunningham, abs; Dr. Laird, yes; Dr. Pettigrew, yes; Dr. Pickard, abs;<br />

Dr. Shaw, yes; Ms. Taylor, yes; Ms. Vaught, abs; Dr. Young, yes.<br />

The motion passed.<br />

14. HEARING DOCKET<br />

(Daniel Gamino, J.D., swore in all respondents and witnesses.)<br />

R. Troy Lehman, D.O.<br />

Dr. Laird called the matter of R. Troy Lehman, D.O. to order and recognized Richard Mildren,<br />

Prosecuting Attorney for the Board. Mr. Mildren requested the Board approve a Complaint with<br />

Citation and Notice of Hearing.<br />

Dr. Pettigrew moved to approve the Complaint with Citation and Notice of Hearing against R. Troy<br />

Lehman, D.O.<br />

Dr. Shaw seconded the motion.


OSBOE Quarterly Board Meeting – March 18, 2010 Page 10<br />

Dr. Laird called for a roll call vote on the motion.<br />

The roll call/votes were: Dr. Cunningham, abs; Dr. Laird, yes; Dr. Pettigrew, yes; Dr. Pickard, abs;<br />

Dr. Shaw, yes; Ms. Taylor, yes; Ms. Vaught, abs; Dr. Young, yes.<br />

The motion passed.<br />

Michael Glen Collett, D.O.<br />

Dr. Laird called the matter of Michael Glen Collett, D.O. to order and recognized Richard Mildren,<br />

Prosecuting Attorney for the Board. Mr. Mildren reported that Dr. Collett was deceased and requested<br />

the Board dismiss the Complaint against him.<br />

Dr. Pettigrew moved to dismiss the Complaint against Michael Glen Collett, D.O.<br />

Dr. Shaw seconded the motion.<br />

Dr. Laird called for a roll call vote on the motion.<br />

The roll call/votes were: Dr. Cunningham, abs; Dr. Laird, yes; Dr. Pettigrew, yes; Dr. Pickard, abs;<br />

Dr. Shaw, yes; Ms. Taylor, yes; Ms. Vaught, abs; Dr. Young, yes.<br />

The motion passed.<br />

John S. Musilla, D.O.<br />

Dr. Laird called the matter of John Musilla, D.O. to order and recognized Richard Mildren, Prosecuting<br />

Attorney for the Board. Dr. Musilla appeared in person without counsel. The Hearing proceeded. Mr.<br />

Mildren entered six documents into evidence without objection. The documents were (1) A Lawton<br />

P.D. offense Report; (2) A Letter from the CEO of Weatherford Hospital; (3) A fax from Oklahoma On<br />

Call; (4) A disciplinary action report from Comanche County Memorial Hospital; (5) A suspension Order<br />

from OBNDD; and (6) An OBNDD Waiver to Right of Hearing. Mr. Mildren called OSBOE Senior<br />

Investigator, Hugh Tidler, and Dr. Lanny Anderson, Director of OHPP to testify as witnesses. Dr.<br />

Musilla testified in his own behalf and answered questions from the Board. The Hearing concluded.<br />

Dr. Young moved to go into Executive Session.<br />

Ms. Taylor seconded the motion.<br />

Dr. Laird called for the votes on the motion and a roll call.<br />

The roll call/votes were: Dr. Cunningham, abs; Dr. Laird, yes; Dr. Pettigrew, yes; Dr. Pickard, abs;<br />

Dr. Shaw, yes; Ms. Taylor, yes; Ms. Vaught, abs; Dr. Young, yes.<br />

The motion passed.<br />

All staff and guests left the hearing room.<br />

Mr. Gamino announced the Executive Session had concluded.<br />

Dr. Shaw moved to come out of Executive Session.<br />

Ms. Taylor seconded the motion.<br />

Dr. Laird called for a roll call vote on the motion.


OSBOE Quarterly Board Meeting – March 18, 2010 Page 11<br />

The roll call/votes were: Dr. Cunningham, abs; Dr. Laird, yes; Dr. Pettigrew, yes; Dr. Pickard, abs;<br />

Dr. Shaw, yes; Ms. Taylor, yes; Ms. Vaught, abs; Dr. Young, yes.<br />

The motion passed.<br />

Ms. Taylor moved that the Board found all allegations in the complaint had been proven to be true<br />

by clear and convincing evidence.<br />

Dr. Young seconded the motion.<br />

Dr. Laird called for a roll call vote on the motion.<br />

The roll call/votes were: Dr. Cunningham, abs; Dr. Laird, yes; Dr. Pettigrew, yes; Dr. Pickard, abs;<br />

Dr. Shaw, yes; Ms. Taylor, yes; Ms. Vaught, abs; Dr. Young, yes.<br />

The motion passed.<br />

Dr. Young moved to suspend the license of John S. Musilla, D.O., for one (1) year. At the end of<br />

the suspension period, Dr. Musilla is to appear before the Board and submit documentation of<br />

successful completion of alcohol/drug treatment, follow all directions of OHPP, make quarterly<br />

appearances before the Board and pay all costs of the investigation and hearing.<br />

Ms. Taylor seconded the motion.<br />

Dr. Laird called for the votes on the motion and a roll call.<br />

The roll call/votes were: Dr. Cunningham, abs; Dr. Laird, yes; Dr. Pettigrew, yes; Dr. Pickard, abs;<br />

Dr. Shaw, yes; Ms. Taylor, yes; Ms. Vaught, abs; Dr. Young, yes.<br />

The motion passed.<br />

15. OLD BUSINESS<br />

1. The Board considered the staff request to streamline the licensure process for new<br />

applicants.<br />

Dr. Young moved to condense the Oklahoma addendums into a licensure packet, eliminate<br />

physician and association references, and continue to utilize the Universal Application for D.O.<br />

licensure in Oklahoma.<br />

Dr. Pettigrew seconded the motion.<br />

Dr. Laird called for a roll call vote on the motion.<br />

The roll call/votes were: Dr. Cunningham, abs; Dr. Laird, yes; Dr. Pettigrew, yes; Dr. Pickard, abs;<br />

Dr. Shaw, yes; Ms. Taylor, yes; Ms. Vaught, abs; Dr. Young, yes.<br />

The motion passed.<br />

16. NEW BUSINESS<br />

1. The Board reviewed the latest Board and Staff activities and honors.<br />

2. The Board reviewed the Pharmacy Board’s Collaborative Medication Therapy<br />

Management Process Flow and determined there were significant implications for rules of


OSBOE Quarterly Board Meeting – March 18, 2010 Page 12<br />

D.O. supervision. Dr. Laird appointed a Committee on Supervision. The Committee will be<br />

chaired by Dr. Young and will include the Executive Director and Dr. Laird.<br />

3. Dr. Young reported on the Methadone Legislative Committee. The bill has been<br />

improved and eliminates the requirement of additional CME for physicians and payment of<br />

fees to OBNDD, and includes a requirement that physicians prescribing methadone check the<br />

OBNDD prescription monitoring program.<br />

4. Ms. Bruce advised the Board of the newly-adopted internal procedure for complainants<br />

who wish to appeal a decision by the Case Review Committee. If a complainant is unsatisfied<br />

with the Committee’s decision, copies of all documents and reports the committee considered<br />

will be forwarded to the Board President for review. If the President decides the case is to be<br />

reviewed by the full Board, the President will recuse from any consideration of it. If the<br />

President supports the Committee recommendation, the President will communicate directly<br />

with the complainant that the matter is closed.<br />

5. The Board considered a hand-out on the new version of SPEX.<br />

6. The Board considered funding an additional representative to the FSMB annual<br />

meeting.<br />

Dr. Young moved to fund travel and expenses for Vice-President Catherine Taylor to attend the<br />

FSMB annual meeting in Chicago on April 21-24, 2010.<br />

Dr. Shaw seconded the motion.<br />

Dr. Laird called for a roll call vote on the motion.<br />

The roll call/votes were: Dr. Cunningham, abs; Dr. Laird, yes; Dr. Pettigrew, yes; Dr. Pickard, abs;<br />

Dr. Shaw, yes; Ms. Taylor, yes; Ms. Vaught, abs; Dr. Young, yes.<br />

The motion passed.<br />

7. The Board reviewed two handouts from the Health Department relating to Medical<br />

Spas and Unnecessary Radiation Exposures from Computed Tommography.<br />

8. The Board reviewed a Handout from the Office of Personnel Management.<br />

17. ADJOURNMENT<br />

Dr. Pettigrew moved to adjourn the March 18, 2010 Quarterly Board Meeting.<br />

Dr. Shaw seconded the motion.<br />

Dr. Laird called for the votes to approve the motion.<br />

The votes were: Dr. Cunningham, abs; Dr. Laird, yes; Dr. Pettigrew, yes; Dr. Pickard, abs; Dr. Shaw,<br />

yes; Ms. Taylor, yes; Ms. Vaught, abs; Dr. Young, yes.<br />

The motion passed and the meeting was adjourned.

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