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OBCE Public Protection Update
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Article Content  |
| Final Board Actions |
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June 22, 2012 Update
Below are summaries of Final Actions taken by the Board between February 2, 2012 and June 22, 2012. All final public board orders (disciplinary or otherwise) may be found from this website in our Licensee Lookup and accessed either by search for a specific chiropractic physician, or search by year. Board actions that do not result in discipline or other board orders are not public documents (ORS 676.175).
| Sara Champion CA |
Marisol Quirino CA |
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| Timothy Lind DC |
Brett W Stine DC |
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| Daniel P Miller DC |
James K Warner DC |
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Andrew Cha DC, Stipulated Final Order. Six month suspension followed two year probation with supervision, NBCE Ethics examination and other provisions The Peer Review Committee found Licensee was not cooperative with his previous mentor. The committee found that Licensee was hand picking charts for the mentor to review, rather than randomly allowing them to be pulled. Thus, the better files were shown to the mentor versus a random sampling of his charting. The chart notes reviewed did not provide a reliable record of the patient encounters and did not meet minimum standards. In treatment of Patient 1 there was no neck or low back disability indications or other subjective progress measures in the records. In Patient 1’s treatment a personal injury case, a re- exam neck disability index was changed in the records without evidence of who changed it. There was little or no medical, family or patient history found in the records provided. Licensee demonstrated a lack of clinical rationale when radiographic studies were performed. The reports were a one page fill in the blank format and were vague and incomplete, providing little accurate or useful information. The charge for an E/M 99214 was not supported by the examinations in the chart notes and should have been more accurately billed at 99212 based on the information in the notes. Violations of ORS 684.100(1)((f)(A) and (B), OAR 811-015-0005(1)(a), 811-015-0010(1), 811-030-0030(2)(e) (f) and (m), 811-035-0005(1) and 811-035-0015(2), (5), (7), (12) and (23), and OAR 811-035-0005. (6/14/2012) |
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Sara Champion CA, Consent Agreement. Condition on certificate to inform any chiropractic employers of her felony conviction for possession of a controlled substance (methamphetamine) in Sept. 2011 and eighteen months probation. She is also a licensed massage therapist and has been placed on probation by the Board of Massage Therapy until October 2013. (5/22/2012) |
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Timothy Lind DC, Final Order by Default. Two year probation, $500 civil penalty, restitution to patient, six hours continuing education in coding and billing, and board review of pre-paid treatment plan language and patient files. The Board determined violations of ORS 684.100(1)(f)(A) and OAR 811-015-0002(1)-(4), 811-015-0000(2) and OAR 811-035-0005(7); for not following the requirements of the pre-paid plan treatment rule and misleading fee collection techniques. (3/7/2012) |
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Daniel P. Miller DC, Stipulated Final Order. One-year mentoring plan, $500 civil penalty and 12 hours of continuing education on documentation and chart notes within 6 months. Licensee was previously on probation for file review patient records that were incomplete, inaccurate, and lacking useful information in any of the four areas of the SOAP notes. In Patient 1, there was no initial examination and no justification for the extent of the care. In Patient 2 there was a minimal initial exam, the patient appeared to get worse over the course of care. In Patient 3 the chart notes are identical to the others and almost no information is present. The examination is minimal with no orthopedic or neurological testing except a visual range of motion. The Board determined violations of ORS 684.100(1)(f)(A) and OAR 811-015-0010(1), (4). and OAR 811-030-0030. (4/17/2012) |
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Marisol Quirino CA, Consent Agreement. Condition on certificate to inform any chiropractic employers of her Theft IIII misdemeanor conviction for shoplifting. (3/22/2012) |
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Brett W. Stine DC, Consent Order. Dr. Stine is a California DC on probation with an inactive Oregon
license. He has one 2008 and two 2010 convictions for DUI and abuse of alcohol. As a condition of his
Oregon license, he agrees to meet all the conditions on his California License. (2-6-2012) |
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| James Warner DC, Final Order by Default, License Suspension. The OBCE received notice of Licensee’s deficiencies of tax payment and a request from the Oregon Department of Revenue to suspend Licensee’s business license. Pursuant to ORS 305.385 the Board has issued the license suspension effective July 5, 2012. (4/26/2012) |
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| Proposed Board Actions |
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June 22, 2012 Update
Below are summaries of the current proposed board disciplinary actions. click on the name in the summary to read the Board's Proposed Order; these are public documents.
| Leif Jong Sik Choi DC |
Kim Jameson DC |
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| Christopher Clemens |
James Warner DC |
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| Todd Hansen DC |
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| Christopher Beardall DC, Case #s 2010-2000, 2011-2001. Proposed Letter of Reprimand, five year probation, three years mentoring/supervision, board appearances, 18 hours CE in record keeping and clinical justification within the next six months, and a $5,000 civil penalty regarding excessive treatment and chart notes that do not meet minimal standards. Review of the 10 patients’ chart notes show that they are contradictory and do not provide a reliable record of patient encounters and contain minimal information. There are exams that do not contain enough information to be credibly billed as “detailed.” Alleged violations of ORS 684.100(1)(f)(A) and OAR 811-015-0005(1)(a) and (b). The objective and treatment plan portions of the chart notes change very little if at all. The subjective changes do not typically correspond to the objective findings or treatment plan. Alleged violations of ORS 684.100(1)(f)(A) and OAR 811-015-0010(1)–(5). |
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The examination findings are not credible. All patients consistently have positive orthopedic findings
bilaterally for all reported tests. This includes consistent reports of positive findings for tests
that produced negative results such as Bakody’s and Braggard’s sign. All of the initial examination
findings have patients reporting 10/10 pain levels on a VAS for most presenting symptoms. When
questioned by the committee regarding these Licensee stated they were correct. There is no discussion or other information in the patient record to reconcile the improved subjective reports with the unchanged objective findings. Alleged violations of ORS 684.100(1)(f)(A) and OAR 811-015-0010(1)–(5). There are also allegations of upcoding. (2/16/2011) (Amended Notice was issued on 11/2/2001.) A hearing has been requested. |
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| Leif Jong Sik Choi DC, Case # 2010-1005. Proposed $5,000 civil penalty, two year probation with mentoring, and 18 hours CE on x-rays, radiology safety and shielding, and record keeping. Board and Peer Review found lack of clinical justification for patients’ treatments, lack of reevaluation on one patient, misleading verbal advertising statements to patients and lack of shielding on x–rays. Violations of 684.100(1)(f)(A) and (B), and OAR 811-015-0010 (1) and (2), OAR 811-035-0005(1), OAR 811-035-0015(2) and (12), OAR 811-030-0030(1) and (2), OAR 811-030-0020(4) and (7). (11/1/2011) A hearing has been requested. |
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| Christopher Clemens DC, Case # 2011-5026. Notice of Proposed suspension in regards to failure to pay state taxes. Alleged violation of ORS 305.385 4 (c). (12/12/2011) A hearing has been requested. |
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| Todd Hansen DC, Case # 2010-1019. Proposed license revocation. Alleged violations of ORS 684.100 (1)(f) and (p); OAR 811-035-0015(3), (10) and (23) and 811-010-0110(5) and (6) for failure to follow terms of a previous board order and allowing unsupervised therapies by chiropractic assistants. Alleged violations of ORS 684.100(f)(A) and (C), (q), OAR 811-035-0015(6) for treatments variously described by up to fifteen patients as being “rough,” “aggressive,” and “hurtful.” Alleged violations of ORS 684.100(1)(f)(A) and OAR 811-035-0015(1)(a) through (e) for having a sexual relationship with a patient; and other boundary violations with other patients. Alleged violations of ORS 684.100(f)(A), and OAR 811-035-0015(9) and (13) for use of illicitly prescribed substances. Alleged violations of ORS 684.100(f)(A) and OAR 811-015-0005(1) and (3) for failure to keeping chart notes on staff who were provided chiropractic care. (4/22/2011; Amended Notice 10/26/2011) A hearing has been requested. |
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Ross Hart DC, Case # 2010-1032. Proposed Letter of Reprimand, $2500 civil penalty, $2,500 restitution payment payable to the patient and 26 hours of continuing education with 14 hours on conducting Independent Medical Exams, and 12 hours of class on clinical justification or reviewing clinically relevant literature; all in addition to the continuing education required for licensure.
Licensee reviewed a patient’s chart notes for company which conducts chart reviews for the insurance companies. The Peer Review Committee found that Licensee could not support his opinions with objective evidence from the patient file and was unable to produce any objective evidence to support his opinion that the care being rendered to Patient 1 was not medically necessary.
The Peer Review Committee found several findings in the initial exam findings by the treating chiropractic physician that demonstrated Patient 1 was injured more severely than Licensee claimed in his reports. These findings included right side hypersthesia upon sensory evaluation, decreased right grip strength, positive Bakody’s sign, and significantly restricted cervical spine range of motion along with decreased shoulder range of motion. These findings could indicate a disc injury with associated neurological compromise. Licensee made no mention of these findings in any of his reports. The literature cited by Licensee in support of his opinions is either not relevant or does not actually support his opinions. |
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| Licensee formulated an opinion without any objective clinical rationale. In addition, he failed to acknowledge several positive clinical findings contained in Patient 1’s records indicating the potential for more severe injury. In this case, Licensee’s opinion led to discontinued payment by insurance of Patient 1’s chiropractic care. The Peer Review Committee and board believe that Licensee’s opinion endangered the health of Patient 1 and by formulating an opinion without objective clinical rationale and failing to recognize the objective findings located in the patient records, Licensee’s opinion may have caused the discontinuance of care. This could have had an adverse affect on Patient 1’s outcome of care and could have delayed or prevented discovery of a disc injury she sustained in the motor vehicle accident leading to permanent neurological impairment. The Board finds that Licensee’s failure support his opinions with objective evidence from the patient file and failure to provide literature to support his findings and opinions is in violation of ORS 684.100 (f)(A); OAR 811-015-0010(1) and (2) (Clinical Justification rule). (11/4/2011) A hearing has been requested. |
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| Kim Jameson DC, Case # 2011-3003, 3004. Proposed two year suspension, five years probation with mentoring, file pulls, $10,000 civil penalty, NBCE Ethics and Boundaries Examination, 12 hours additional continuing education on chart notes and coding, 12 hours of continuing education on ethics, and board interviews. The Notice of Proposed Discipline lists numerous alleged violations of professional ethics including: |
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- Altering billings from other chiropractors in the office.
- Below standard chart notes.
- Multiple codes billed for a patient that were not documented in the chart notes.
- Falsifying examination records for an MVA and then for a 2nd MVA performing did an initial exam and treatment when the insurance requested an apportionment report regarding the patient’s injuries from each accident, Licensee randomly assigned the apportionment from the second exam as compared to the falsified exam.
- During the Board investigation, a patient was approached by Licensee and offered money to gain her cooperation in order to thwart the investigation.
- After the Board investigation began, Licensee continued to alter chart notes, adding into the chart information that was initially missing and completing notes that were previously uncompleted or deficient.
- A patient was also a staff person and received treatments from Licensee. At one point during a treatment, Licensee pinched her on the buttocks and surprised this patient
- Failing to provide proper informed consent of treatment to a number of patients.
- Providing orthotics to PIP file patients received on all of the files reviewed. When insurance companies would ask for documentation, the letters provided were identical in all cases.
- For four patients, failing to respond to release of records requests.
- One patient had bartered with Licensee for trade of services but her insurance was then billed for the services resulting in double billing in this situation.
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The Notice alleges multiple violations of ORS 684.100(1)(a), ORS 684.100(1)(f)(A), OAR 811-015-0005(1) and (4); OAR 811-015-0006(1). OAR 811-015-0010(1) and (4), OAR 811-035-0005(2), (3); OAR 811-035-0015(1), (5), (6), (7), (12) and (19). (1/9/2012) A hearing has been requested. |
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