DCCA NEWS RELEASE: DCCA DISCIPLINARY ACTIONS (Through July 2017)

Posted on Aug 14, 2017 in Latest News

HONOLULU – The state Department of Commerce and Consumer Affairs (DCCA) and the state Boards and Commissions released a summary of disciplinary actions through the month of July 2017 taken on individuals and entities with professional and vocational licenses in Hawaii. These disciplinary actions include dispositions based upon either the results of contested case hearings or settlement agreements submitted by the parties. Respondents enter into settlement agreements as a compromise of claims and to conserve on the expenses of proceeding with an administrative hearing.

The DCCA and the Boards and Commissions are responsible for ensuring those with professional and vocational licenses are performing up to the standards prescribed by state law.

HAWAII MEDICAL BOARD

Respondent: Nasrin Mani, M.D.
Case Number: MED 2017-46-L
Sanction: $250 administrative costs
Effective Date: 7-13-17

Respondent was allegedly the subject of disciplinary action in California based on false or misleading advertisements, in possible violation of HRS § 453-8(a)(11). (Board approved Settlement Agreement.)

Respondent: Ron D. Mark, M.D.
Case Number: MED 2016-193-L
Sanction: $2,000 administrative costs
Effective Date: 7-13-17

Respondent was allegedly the subject of disciplinary actions in Maryland, Michigan, Maine, Florida, Georgia, Mississippi and Texas based on a Colorado Letter of Admonition which was based on Respondent’s failure to interpret a patient’s 2008 mammogram as positive for cancer, in possible violation of HRS § 453-8(a)(11). (Board approved Settlement Agreement.)

Respondent: Peter M. Reuss, M.D.
Case Number: MED 2017-50-L
Sanction: Comply with Wisconsin Order and pay $2,500 administrative costs
Effective Date: 7-13-17

Respondent was allegedly the subject of disciplinary actions in Wisconsin and Kentucky based on allegations related to standard of care, in possible violation of HRS § 453-8(a)(11). (Board approved Settlement Agreement.)

Respondent: David W. Schroeder, M.D.
Case Number: MED 2016-80-L
Sanction: One (1) month probation and pay $500 fine
Effective Date: 7-13-17

Respondent was allegedly the subject of disciplinary action in Kentucky based on a prior disciplinary action in West Virginia, and reported the Kentucky Order to the Hawaii Board beyond the 30-day reporting requirement, in possible violation of HRS §§ 453-8(a)(11) and 453-8(a)(14). (Board approved Settlement Agreement.)

Respondent: Ann A. Tran, M.D.
Case Number: MED 2017-40-L
Sanction: $1,500 administrative costs
Effective Date: 7-13-17

Respondent was allegedly the subject of disciplinary actions in Wisconsin, based on allegations related to standard of care, and Maryland, based on the Wisconsin Order, in possible violation of HRS § 453-8(a)(11). (Board approved Settlement Agreement.)

BOARD OF NURSING

Respondent: Mary Anne J. Espiritu fka Mary Anne T. Jandoc
Case Number: RNS 2015-77-L
Sanction: Probation two (2) years and pay $1,000 fine
Effective Date: 7-11-17

Respondent allegedly accessed the medical records of a patient on two (2) occasions without valid medical reason or authorization by the patient or treating physician, in possible violation of HRS § 457-12(a)(6) and HAR § 16-89-60(6)(F). (Board approved Settlement Agreement.)

Respondent: Karen M. Kang, R.N.
Case Number: RNS 2017-13-L
Sanction: Three (3) years probation, comply with the California Decision and pay $500 administrative costs.
Effective Date: 7-11-17

Respondent was allegedly the subject of disciplinary action in California based on allegations related to patient care, in possible violation of HRS § 457-12(a)(8). (Board approved Settlement Agreement.)

CONTRACTORS LICENSE BOARD

Respondents: Bogart Construction, Inc. and Brad K. Bogart
Case Number: CLB 2017-84-L
Sanction: $5,000 fine
Effective Date: 7-14-17

Respondents allegedly failed to have the RME in residence in the State during the time the license of the contracting entity was in effect or during the period a project was under construction, in possible violation of HAR §§ 16-77-71(a)(4) and 16-77-71(a)(5). (Board approved Settlement Agreement.)

BOARD OF DENTAL EXAMINERS

Respondent: Jonathan W. Mah, D.D.S.
Case Number: DEN 2016-38-L
Sanction: $1,000 fine
Effective Date: 7-17-17

Respondent allegedly failed to complete his continuing education requirements within the time period provided by the Board and failed to report a judgment entered against him in the Circuit Court of the First Circuit, State of Hawaii, Civil No. 12-1-2495, in possible violation of HRS §§ 436B-19(1) and 436B-16. (Board approved Settlement Agreement.)

Respondent: Grace Chen, D.D.S. (Hawaii)
Case Number: DEN 2016-63-L
Sanction: $1,000 fine
Effective Date: 7-17-17

Respondent allegedly had not completed the necessary CE credit hours to renew or restore her license at the time she submitted her application to the Board, in possible violation of HAR § 16-79-148 and chapters 447 and 448, HRS, as applicable. (Board approved Settlement Agreement.)

Respondent: Russell Hiroshi Masunaga, D.D.S.
Case Number: DEN 2014-55-L
Sanction: $2,000 fine
Effective Date: 7-17-17

Respondent failed to disclose convictions on two (2) license renewal applications in violation of HRS § 436B-19(5). (Board approved Settlement Agreement.)

BOARD OF PHYSICAL THERAPY

Respondent: Irena F. McQuarrie
Case Number: PTS 2016-2-L
Sanction: Reprimand
Effective Date: 7-11-17

Respondent allegedly aided or abetted the practice of physical therapy by any person not licensed to practice and failed to provide written notice of change of address within thirty days, in possible violation of HRS §§ 461J-12(a)(11) and 436B-17 and HAR § 16-110-50(4). (Board approved Settlement Agreement.)

BOARD OF PRIVATE DETECTIVES AND GUARDS

Respondents: L. Siracusa & Associates, Inc. dba Phoenix Hawaii and Louis R. Siracusa, Jr.
Case Number: PDG 2015-20-L
Sanction: $4,000 fine
Effective Date: 7-6-17

Respondents allegedly violated, in part, HRS §§ 436B-19(16), 436B-19(17), 463-8(b) and HAR §16-97-46(21). (Board approved Settlement Agreement.)

Respondents: United Courier Services, Inc. dba United Armored Car Services and Kenneth C.K. Lam
Case Number: PDG 2016-60-L
Sanction: $2,000 fine
Effective Date: 7-6-17

Respondents allegedly employed a guard whose license expired and was subsequently forfeited, in possible violation of HRS §§ 436B-19(16), 436B-19(17), 463-8 and 463-10.5 and/or HAR §§ 16-97-7(b)(4) and 16-97-7(b)(9). (Board approved Settlement Agreement.)

Respondent: Trevor K. Pulgados
Case Number: PDG 2016-70-L
Sanction: $500 fine
Effective Date: 7-6-17

Respondent allegedly engaged in guard activity without a valid license, in possible violation of HRS § 463-10.5. (Board approved Settlement Agreement.)

Respondent: Jim S. Puakela (Hawaii)
Case Number: PDG 2016-61-L
Sanction: $250 fine
Effective Date: 7-6-17

Respondent allegedly failed to disclose on his license renewal application that he had been convicted of DUI, in possible violation of HRS § 436B-19(5) and HAR § 16-97-46(12). (Board approved Settlement Agreement.)

Respondent: Dustyn R. Trott-Wouster (Hawaii)
Case Number: PDG 2016-28-L
Sanction: Voluntary surrender of license
Effective Date: 7-6-17

Respondent allegedly failed to disclose on his license renewal application that he had been convicted of DUI, in possible violation of HRS § 436B-19(5) and HAR § 16-97-46(12). (Board approved Settlement Agreement.)

BOARD OF PUBLIC ACCOUNTANCY

Respondent: Alexander S. Arndt (Maui)
Case Number: ACC 2016-11-L
Sanction: $500 fine
Effective Date: 7-28-17

Respondent was allegedly disciplined in North Carolina and failed to report the disciplinary action within thirty (30) days as required by Hawaii law, in possible violation of HRS §§ 466-9(b)(2) and 436B-19(15). (Board approved Settlement Agreement.)

BOARD OF PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS AND LANDSCAPE ARCHITECTS

Respondent: Stephen L. Lippert
Case Number: ENG 2016-15-L
Sanction: $500 fine
Effective Date: 7-13-17

Respondent was allegedly disciplined in California based on allegations relating to continuing education requirements, and failed to report the California disciplinary action to the Hawaii Board within thirty (30) days, in possible violation of HRS §§ 436B-19(13) and 436B-19(15). (Board approved Settlement Agreement.)

Respondent: Stuart M. Alderman
Case Number: ENG 2016-18-L
Sanction: $500 fine
Effective Date: 7-13-17

Respondent was allegedly disciplined in New York based on allegations that Respondent practiced architecture in the State of New Mexico without a valid and current registration, and failed to report the New York disciplinary action to the Hawaii Board within thirty (30) days, in possible violation of HRS §§ 436B-19(13) and 436B-19(15). (Board approved Settlement Agreement.)

REAL ESTATE APPRAISER ADVISORY PROGRAM

Respondent: Katherine Armstrong Lewi (Kauai)
Case Number: REA 2017-1-L
Sanction: $500 fine
Effective Date: 7-3-17

Respondent allegedly made errors, omissions, false and/or incomplete information concerning the land analysis, sales comparison analysis, view evaluations and representations about a comparable sale, in possible violation of HRS §§ 466K-4(a), 436B-19(2), 436B-19(7) and 436B-19(17) and HAR §§ 16-114-106(4) and 16-114-106(5). (Director approved Settlement Agreement.)

REAL ESTATE COMMISSION

Respondents: Todd E. Hart, Debra Hart and Hart of Kona Realty, Inc.
Case Numbers: REC 2008-227-L+
Sanctions: Todd E. Hart: $10,000 fine and License revoked
Hart of Kona Realty, Inc.: $10,000 fine and License revoked
Effective Date: 5-26-17

The Commission found that Todd E. Hart and Hart of Kona Realty, Inc. failed to timely notify the Commission in writing of an Arbitration Award and two (2) Judgments, committed professional misconduct and/or failed to protect the members of the public from fraud, misrepresentation, or unethical practices in the real estate field, in violation of HAR § 16-99-3(b) and/or HRS §§ 467-14(20), 436B-16(a), 436B-19(7) and/or 436B-19(17). (Commission’s Final Order after contested case hearing.)

Respondents: All World, Inc. dba Aldridge Associates-Realtors, and Daniel W. Aldridge
Case Numbers: REC 2012-89-L+
Sanctions: Two (2) years license suspension, pay restitution to Marc B. in the sum of $8,959.00 and Vaughan W. in the amount of $12,623.42 within 90 days of Commission’s Final Order.
Effective Date: 7-28-17

The Commission found that Respondents failed to account for client funds on numerous instances and used those funds for Respondent Aldridge’s personal expenses, in violation of HRS §§ 436B-16(a), 436B-19(2), 436B-19(7), 436B-19(17), 467-14(3), 467-14(7), 467-14(8), 467-14(16) and 467-14(20) and HAR §§ 16-99-3(b) and16-99-3(v). (Commission’s Final Order after stipulated facts hearing.)

TRAVEL AGENCY PROGRAM

Respondent: Cynthia C. Kress-Kramer, dba Hawaiian Travel Club
Case Number: TAR 2010-8-L
Sanction: Registration revoked and pay $2,500 fine
Effective Date: 7-24-17

Respondent failed to provide consumer with the required written statement in violation of HRS § 468L-4, failed to refund monies paid for the travel arrangement, failed to fulfill promises and failed to provide consumer with the required statement of consumer rights, in violation of HRS § 468L-7. (Director’s Final Order after contested case hearing.)

 

Copies of the decisions are available online at: http://cca.hawaii.gov/oah/oah_decisions/

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