Medical Examining Board panel grants Department of Public Health request to add two alleged victims in Henry D. Todd case

A Medical Examining Board hearing panel on April 17 granted the Department of Public Health’s second motion to amend the statement of charges in the disciplinary petition against Henry D. Todd, MD (petition no. 2024-996), adding allegations concerning two additional alleged victims and setting deadlines for further motions and a hearing.

The panel granted the Department’s April 8, 2025 motion to amend after hearing argument. Attorney Joel Newton, representing the Department of Public Health, told the panel that "the department recently received an affidavit, which indicated that there are 2 additional victims" and asked the panel to permit inclusion of allegations concerning patients 3 and 4.

Why it matters: The panel’s approval makes the second amended statement of charges the operative complaint in the licensing proceeding and creates a schedule for the respondent’s procedural challenges. That in turn governs what issues the panel will consider before a merits hearing.

The panel—consisting of physician members Dan Riese and Tom London and public member Edward G. McInane, with Attorney McEnany serving as hearing officer—voted to grant the motion. Dr. Dan Riese moved to approve the Department’s request; the motion was seconded and the panel voted unanimously in favor. The panel recorded the decision as "granted." The order adds the allegations listed in paragraphs 12 through 15 of the second amended statement of charges, which the panel described as new material supervening the earlier filings.

Respondent’s counsel, Paul Spinella, objected to proceeding immediately on the amended charges and said he was not waiving his right to press outstanding procedural motions. "I am in no way waiving my right to file additional motions, including a definite statement," Spinella said during argument. He noted the addition of two alleged victims made the case "substantially different" and requested time to prepare motions, including a request for a more definite statement, discovery requests and a motion to dismiss.

The panel set a schedule to address those filings: Spinella’s motion for a more definite statement is due Monday, May 19, 2025; the Department of Public Health’s response is due Friday, May 30, 2025; and the panel scheduled a hearing to argue the motion for June 5, 2025, at 10:00 a.m. The panel said other motions filed by the respondent that require attention may be heard at the June 5 date as well.

Panel members and counsel clarified that the Department had withdrawn an earlier first motion to amend, and the panel treated the April 8 filing as the operative second motion to amend. The panel and counsel also discussed prior rulings: the record reflects earlier motions about subpoenas and depositions were denied at a hearing on Jan. 10, 2025.

The panel emphasized the need to move the process forward in a timely fashion while preserving the respondent’s right to seek additional procedural relief. With no further business, the panel adjourned.