Board approves multiple consent orders, fines and a memorandum of decision

The state licensing board approved a slate of disciplinary and enforcement actions, voting on consent orders and a proposed memorandum of decision covering several respondents.

Attorney Joelle Newton presented a consent order for a psychiatrist that included a formal reprimand, a $5,000 civil penalty and a permanent restriction barring the respondent from prescribing, dispensing or administering any medications. Michelle Jaclyn said the penalty was insufficient given that the misconduct covered roughly five and a half years; she proposed a higher sanction. Dr. Green asked whether the phrase "any medications" would make clinical practice impossible in some contexts; Newton said the department negotiated the restriction based on the totality of the circumstances and that the respondent had already referred patients to other providers.

The board approved the consent order over one recorded opposition (Michelle Jaclyn) and with one recusal (Dr. Wolf).

The board next considered a consent order for physician assistant Ryan Formley related to an emergency-room case in which the respondent did not meet the standard of care for an infected thumb. Because the respondent's Connecticut license had lapsed and he now practices in Colorado, the board could not impose probation; it approved a consent order including a reprimand and a $2,500 civil penalty and instructed the department to report the action to the National Practitioner Data Bank.

Attorney Coutee presented a consent order for Dr. Frank Lee arising from reciprocal discipline and a reported failure to disclose that discipline on renewal. Counsel noted the investigative-report packet had not been attached to the materials provided to the hearing office and offered to supply it; the board proceeded and approved the consent order.

Finally, a three-member panel presented a proposed memorandum of decision in the matter of Dr. Prakash. The panel described multiple hearing dates, conflicting witness statements and police reports. Panel members said the incident involved a clinician patting a teenage patient on the behind while the mother was present; they characterized the conduct as "poor judgment" rather than a sexual assault and recommended the memorandum for board approval. Dr. Prakash made brief remarks denying intent and noting his practice of having a third party present. The board approved the memorandum of decision by roll call.

The board recorded its votes by roll call for each matter and directed the department to update records in the e-license system as appropriate.