STATE OF MICHIGAN DEPARTMENT OF CONSUMER 8: INDUSTRY SERVECES BOARD OF MEDICINE DISCIPLENARY SUBCOMMITTEE in the of OBIOMA SYLVESTER AGOMUOH, MB. File Number: 43-020039-00 License Number: 43-O?l-063912 FINAL ORDER GRANTING RECLASSIFICATICIN The medical license of Obioma Sylvester Agomuoh, M.D., hereafter Petitioner, was limited by the Disciplinary Subcommittee of the Michigan Board of Medicine, hereafter Disciplinary Subcommittee, pursuant to the following two orders: a) On June 22, 2000, the Disciplinary Subcommittee issued a Final Order which limited Petitioner?s license concerning his performing of Caesarian sections, and placed him on probation for a period of two years. A copy of this order, marked Exhibit A, is attached and incorporated. I - b) On November 28, 2000, the Discipiinary Subcommittee issued an Order Granting Reconsideration and Vacating Final Order Dated August 23, 2000, which also limited Petitioners license by requiring direct, on?site supervision by a licensed medical doctor, and placed Respondent on probation for a period of three years. A copy of this order, marked Exhibit B, is attached and incorporated. On January 22, 2002, Petitioner filed an application for reclassi?cation with supporting affidavits requesting that his license to practice medicine in the state of Michigan be reclassi?ed from a limited license to an unlimited license,-inaccordance with the provisions of JEACS, 338.1836. On February 22, 2002, the Department of Consumer Industry Services, Bureau of Health Services, filed a response taking no position on Petitioner's application for reclassification. The Disciplinary Subcommittee, having reviewed the application for reclassi?cation and response, considered the within matter at a regularly scheduled meeting held in Lansing, Michigan, on April 24, 2002. Now therefore, IT IS HEREBY ORDERED that Petitioner is GRANTED an UNLIMITED license to practice medicine in the state of Michigan. IT IS FURTHER ORDERED that Petitioner shall remain on PROBATION in accordance with the terms of probation as set forth in the Final Order dated June 22, 2000, and as set forth in the Order Granting Reconsideration and Vacating Final Order dated August 23, 2000 dated November 28, 2000. CONTINED ON PAGE 3 IT IS FURTHER ORDERED that this order shall be effective immediately upon signing by the Disciplinary Subcommittees Chairperson or its authorized representative as set forth below. - Dated: Z551 MICHIGAN BOARD OF MEDICINE DISCIPLINARY SUBCOMMITTEE r- Thorria? C. Lindsa?l, ?if??ect? Bureau of Health Services Attachments This is the last and ?nai page of a Final Order Grantincz Reclassi?cation in the matter of Obiorna Sylvester Agomuoh, lVl.D., File Number 43-02-0089-Of}, before the Disciplinary Subcommittee of the Michigan Board of Medicine, consisting of three pages, this page included. BH STATE OF MICHIGAN DEPARTMENT OF CONSUMER 8: INDUSTRY SERVICES BOARD OF MEDICINE SUBCOMMITTEE in the Matter of File Number: OBEOMA SYLVESTER AGOMUOH, mo. Docket Number: 97-0342 License 43-01-663912 FINAL ORDER On March 3, 1997. the Departmentomttortiey General, Health Professionals Division (Health Professionals Division) ?led an Administrative Complaint with the Disoipfinary Subcommittee of the Michigan Board of Medicine (Disciplinary Subcoinmittee), charging Obioma Sylvester?lgomuoh, M. (Respondent) with violating sections 15221 and 16221 of the Public Health Code, 1978 PA 368, as amended. An administrative hearing was held in the matter before an administrative Paw judge who, on Maroh 30, 2000, issued a Proposal for Decision setting forth recommended ?ndings of fact and conclusions of law. On April 17, 2000, Respondent ?led Exceptions to Proposal for Decision. on April 25, 2000. Respondent ?led Corrected Exceptions to Proposal for Decision. EXHIBIT ?g of 5 On April 25, 2000, the Health Professionals Division ?led States to Proposal for Decision and also State?s Response to Respondents Exceptions to Proposal for Decision. On May 4,2000, Respondent ?led Response to State's Exceptions to Progosal for Decism. The Disciplinary Subcommittee, having reviewed the administrative record, considered the within matter at a regularly scheduled meeting held in Lansing, Michigan. on June 14, 2000, and affirmed the administrative law judge's ?ndings of fact and conciusions of law. Now therefore, IT l8 HEREBY that for violations of sections 15221(a) and of the Public Heaith Code, supra, Respondent's iicense to practice medicine is LIMITED, commencing on the effective date of this order, as follows: Prior to performing a Caesarian section on any patient, Respondent must obtain a second opinion from a licensed physician who practices obstetric medicine, and who agrees that the Caesarian section should be performed. IT IS FURTHER ORDERE that Respondent may petition for reclassi?cation of the limited license one year from the effective date of this order, in accordance with the provisions of 1996 M08, 338.1836. 2 EiiHlB1?:' pate! 4 IT IS FURTHER ORDERED that for the aforesaid violations of the Public Health Code, supra, Respondent is placed on PROBATION for-ai period of two years, commencing on th?lvetfective date of this order. Periods of residency orpractice outside Michigan shall not reduce the probationary period. The terms of probation shall be as follows: 1. QUARTERLY CASE Respondent shall meet quarterly with a Board-approved physician at each hospital where Respondent practices, who shall review a minimum of ten cases appropriate to Respondents practice. The reviewing physician shall be provided a copy of this order by Respondent and shall tile quarterly reports with the Board following case review, advising of Respondent's ability to practice with reasonable skill and safety. The ?rst quarterly report shall be "filed at the end of the third month of probation, and subsequent reports shall be filed every three months thereafter until Respondent is discharged from probation, All reports required herein shalt be ?led with the Department of Consumer 8. industry Services, Bureau of Health Services, Sanction Monitoring, RD. Box 30670, Lansing, MI 48909. The timely ?ling of reports shall be Respondent's responsibility and failure to ?le these reports within the time limitations herein provided shall be deemed a violation of an order of the Disciplinary Subcommittee. In the event Respondent, at any time, fails to comply with minimal standards of acceptable and prevailing practice or appears unable to practice with reasonable skill and safety, the Department shall be immediately so noti?ed in writing by Respondent's reviewing physician. 2. ASSESSMENT SYSTEM: Respondent - shall enroll in the Post?Licensure Assessment System (PLAS) located in Colorado, phone number (817) 868-4032. Prior to the end of the probationary period, Respondent shall EXHIBIT paqg 5 0, 5? successfully complete andlor satisfy all recommendations of PLAS, and shall submit to the Board written evidence ofsame. The written evidence shall be submitted to the Department of Consumer industry Services, Bureau of Health Services, Sanction Monitoring. P.O. Box 30670, Lansing, MI 48909. 3. COSTS: Respondent shall be solely responsible for payment of all costs incurred in complying with the terms of this order. IT lS ORDERED that Respondent shall be automatically discharged from probation at the end of the probationary period, PROVIDED Respondent has complied with the terms of this order and has not violated the Public Health Code. IT IS FURTHER ORDERED that for the aforesaid violations of the Public Health Code, Respondent is FINED in the amount of $3,000.00 to be paid within one year from the effective date of this order. The tine shall be mailed to the Department of Consumer 8: Bureau of Health Services, Sanction Monitoring, PO. Box 30185, Lansing, Michigan 48909. The ?ne shall be paid by check or money order, made payable to the State of Michigan, and the check or money order shall clearly display (or shoyv) the formal complaint number 43?s5-1503-00. IT IS FURTHER ORDERED that in the event Respondent violates any provision of this order, and if such violation is deemed to constitute an independent violation of the Poblic Health Code orthe rules promulgated thereunder, the Disciplinary ,n pare oi? Subcommittee may proceed to take disciplinary action pursuant to 1996 . 338.1632 and section 18221(g) of the Paiblic Heaith Code, sugra. IT IS FURTHER ORDERED that this order shall be effective 30 days from the date signed by the Disciplinary Subcommittee's Chairperson or authorized _representative. as set forth beiow. Dated: ?3 MICHIGAN OF MEDICINE DISCIPLINARY SUBCOMMITFEE By Thomas C. Liridsayqf Efire?torf .- Bureau of Health Services This is the last and final page of a Final Order in the matter of Obioma Sylvester?igomuoh. File Number 43-95- 1603-O0, Ciocketblumiaer before the Disciplinary Subcommittee the Michigan Board ofhdedicine, consisting of five pages. this page inqiudad. BH -out 5 0 STATE OF MICHIGAN DEPARTMENT OF CONSUMER 8: INDUSTRY SERVICES BOARD OF DISCIPLINARY SUBCOMMIWEE in the ilaiatter of File Number: 43-99-1331-00 OBIGMA SYLVESTER AGOMUOH, fnll..D. Docket Number: 1999-4948 License Number: 43-01-053912 ORDER GRANTING RECONSIDERATJON AND VACATING FINAL ORDER DATED AUGUST 23, 2000 On August 23, 2000. the Disciplinary Subcommittee of the Michigan Board of Medicine. hereafter, Disciplinary Subcommittee, issued a Final Qrder ?which placed Obiome Sylvester Agornuoh, M31, hereafter Petitioner, on probation for a period of three years and ?ned Petitioner $3,000.00 for violating section of the Public Health Code. 1 978 PA 368, as amended. ?On September 12, 2000, Pe?tiorier ?led a requestfor reconsideration of the Final Order in accordance with the provisions of 1996 M08, 338.1633. On October 10, 2000, the Depertrnent of Attorney General, Health Professionals Divisiom?led The People's Response to Petition for Reconsideration. The Disciplinary Subcommittee, having reviewed the request for reconsideration and response, considered the within matter at 3 regulerly,scheduIed meeting held in Lansing, Michigan, on November 15, 2000. Now therefore. 1 1T IS HEREBY ORDERED that Petitioner's request for reconsideration is GRANTED. IT IS FURTHER ORDERED that the Final Order dated August 23, 2000, is VACATED. IT IS FURTHER ORDERED that for the violation of section 16221 of the Public Health Code, supra, Petitioner's license is LIMITED, commencing on the effective date of. this order, as follows: 1. PRACTICE: Petitioner shall practice medicine only under the direct, on-site supervision of a licensed medical doctor approved by the Disciplinary Subcommittees Chairperson or designee. The supervisor shall be provided a copy of this order by Petitioner, and shall file reports to the Disciplinary Subcommittee on a quarterly basis, as set forth below. "Direct, on-site supervision? is de?ned as the ijarticipation in the work of Petitioner by one licensed .. medical doctor who is physically iocated at the same site as Petitioner. - if at any time Petitioner faiis to comply with minimal. standards of acceptable and prevailing practice or ?appears unable to practice with reasonable skill and safety. the Disciplinary Subcommittee shall be immediately so noti?ed by Petitioner?s supervisor. lT lS FURTHER orzoeneo that Petitioner may petition for reclassi?cation of the limited license as provided by 1995 AACS, 338.1536, one yearfrom the effective date of this order. hrtr? In 1* IT [8 FURTHER ORDERED that for the aforesaid violation of the Public Health Code, ?gp_r_a, Petitioner is placed on PROBATION for a period of three years, commencing on the effective date of this order. Reduction of the probationary period will only occur while Petitioner? is employed in a capacity for which a medical license is required. The terms of probation shall be as follows: 1. SUPERVISOR REPORTS: During the probationary period, Petitioner's supervisor shall ?le written reports with the Disciplinary Subcommittee advising of Petitioner?s ability to practice with reasonable skill and safety. Petitioners supervisor shall tile these quarterly reports with the Department of Consumer Industry Services, Bureau of Health Services, Sanction Monitoring, P.O. Box 30670, Lansing, Ml 48909. The timely ?ling of supervisor reports shall be Petitioners responsibility, and failure to file said reports within the time limitations provided herein shall be deemed a violation of an order of the Disciplinary Subcommittee. 2. GOSTS: Petitioner shall be solely responsible for payment of all costs incurred in complying with the terms of this order. IT IS FURTHER ORDERED that Petitioner shall be automatically discharged from probation at the end of the probationary period, PROVIDED Petitioner has complied with the terms of this order. IT is FURTHER oeosaso that for the aforesaid violation ?or the Public Health Code, supra, Petitioner is FENED in the amount of $3,000.00 to be paid priorto the 3 i3Xi?Il8i?a' end of the probationary period. The fine shall be mailed to the Department of Consumer industry Services, Bureau of Health Services, Sanction Monitoring, P.O. Box 30185, Lansing, MI 48909. The ?ne shall be paid by check or money order, made payable to the State of Michigan. and the check or money order shall clearly display (or show) the formal complaint number 43-99-1 831 -O0. IT IS FURTHER ORDERED that in the event Petitioner violates any provision of this order, and if such violation is deemed to constitute an independent violation of the Public Health Code or the rules promulgated thereunder, the Disciplinary Subcommittee may proceed to take disciplinary action pursuant to 199p AACS, 338.1632 and section 16221 of the Public Health Code, supra. rr IS FURTHER oeoeneo that this order shall be effective on the date signed by the Disciplinary Subcommittees Chairperson or authorized representative as set forth below. Dated: Mlcl-llGAN BOARD or uepicmi-: DISCIPLINARY suteconsmurrea Thomas C. Bureau of Health Services This is the last and ?nal page of an Order Granting Reconsideration and Vacating Final Orderdated August 23, 2000 in the matter of?bipma Sylvester M.D.. File Number Docket Number 1999-4948. before the Disciplinary Subcommittee oi? the Michigan Bpard of Medicine, consisting of tour pages. this page included. 4 I STATE OF MICHIGAN DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES BUREAU OF HEARENGS in the matter of Docket No. 2000-1 882 Bureau of Health Services, Agency No. 43-00-2056-00 Pe??oner Agency: Bureau of Health Obioma Sylvester lftgomuoh, MD, Services Respondent Case Type: Sanction I . dag?) 44/3 3 issued and entered 0% _e 496? 1343?; this 25?? day of January, 2001 . 93 by Dennis M. Matulewicz ~9c'eo,w Administrative Law Judge PROPOSAL FOR DECISION PROCEDURAL HISTORY: Obioma Sylvester Agomuoh currently has a disciplinary limited license to practice medicine in the State of Michigan and holds a current oontrolledsubstanoe license. The Department of Consumer and industry Services, Bureau of Health Services (BHS), Petitioner filed an administrative complaint against Respondent. In its compiaint, BHS alleged that Respondent violated provision of the Public Health Code and/or certain applicable Administrative Rules. Pursuant to MCL 33316232; MSA a hearing was scheduled to address the issues raised in the administrative Complaint. A notice of hearing was sent to the parties on November 1 2000. A hearing was conducted on December 1 2000, and Assistant Attorney General, Howard Marderosian, appeared on behalf of BHS. Dr. Docket #2000-1 882 Page 2 Agornuoh appeared pro se. An adjournment was granted at the request of the parties to allow Respondent time to retain an attorney. -A new notice of hearing was sent on December 5, 2000. A hearing was held on January 22, 2001. At that hearing, Jack Blurnenkopf, an Assistant Attorney General, appeared on behalf of Bl-?8. A Dr. Emmanuel Oshiyoye, Attorney at Law, appeared on behalf of Respondent. Dennis M. Matuiewicz presided as Administrative Law Judge (ALJ). E)-ii-llBiTS: Petitioner?s Exhibit: 1. Surrender Order regarding Dr. Obioma Agornuoh for the State of New York, Department of l-leaith, State Board for Professional Medical Conduct. ISSUES AND APPLICABLE LAW: Whether the Surrender Order issued by the State of New York, Department of Health, State Board for Professional Medical Conduct, on October 28, 1999 constitutes a final adverse administrative action by a license, registration, disciplinary, or certification board involving the holder of, or an applicant for, a license or registration regulated by another state or a territorial United States in violation of section 18221(b)(x) of the Public Health Code. The law applicable to the above issues provides as follows: Sec. 16221. The? department may investigate activities related to the practice of a health profession by a licensee, a registrant, or an applicant for Iicensure or registration. The department may hold hearings, administer oaths, and order relevant testimony to be taken and shall report its ?xi sl I ?ns? . I Docket #2000-1882 Page 3 findings tothe appropriate disciplinary subcommittee. The disciplinary subcommittee shall proceed under section 16226 if it finds that 1 or more of the following grounds exist: (in) Personal disqualitications, consisting of 1 or more of the following: (X) Final adverse administrative action by a license, registration, disciplinary, or certification board involving the holder of, or an applicant for, a license or registration reguiated by another state or a territory of the United States. A certified copy of the record of the board is conclusive evidence of the final action. FINDINGS OF FACT: 1 . Obioma Sylvestemgornuoh, Respondent herein, has a disciplinary limited license to practice medicine in the State of Michigan and holds a current controlled substance license. 2. On or about September 20, 2000, Bl-ls filed an administrative complaint against Respondent charging violations of the Public Health Code, 1978 MCL 333.1 101 et seq; MSA 14.15(1 101); essentially, the Department asserted that Respondent surrendered his medical license as a physician in the State of New York. This disciplinary action was based on the discovery of another misrepresentation by Respondent on his June 1997 application for New York licensure. 3. The foregoing disciplinary action in the state of New York constitutes a final adverse administrative action by a license, registration, disciplinary, or certification board involving the holder of, or an applicant for, a license or registration regulated by another state or territory of United States. Docket #2000-1882 Page 4 oi= LAW: A medical doctor is required to comply with the Public Health Code, 1978 PA 368; MSA 14.15(r1o1) as well as applicable administrative rules, it the medical doctor violates the codeor applicable rules, sanctions may be imposed by the Board. MCL 33316228; MBA Before imposing sanctions, BHS is required to provide the affected health care professionai with an opportunity for a hearing before an Administrative Law Judge (ALJ). MSA In the hearing, BHS must prove, by a preponderance of the evidence, that grounds exist for the imposition of sanctions against the Respondent. 1998 AC, R338.1624. The ALJ is responsible for evaluating the testimony and for determining whether the health care professional did, in fact, violate any of the applicable rules and regulations. Atthe hearing, Respondent was represented by counsel. No objections were made to the introduction of Petitioner Exhibit 1. That exhibit is the Surrender Order of Dr. Agomuoh to the State of New rork, Department of Health, State Board for Professional Medical Conduct. Dr. Agomuoh indicated that he did not contest the specification in the statement of charges by the New York Professional Medical Board. The statement of charges was listed in Exhibit A, which was an attachment to the Surrender Order. The charges were as follows: A. On or about November 4, 1996, the New York Supreme Court, Queens County, New York issued a Preliminary Conference Order (hereinafter requiring Respondent to pay $1,700.00 child support per month commencing on or before November 9, 1996. Docket #20004 882 Page 5 B. On or about December 1 1, 1998, the New York Supreme Court, Queens County, New York, ordered Respondent to pay $42,500.00 with interest, in arrears, for failure to make full payments in child support based on the P00 described in Paragraph A above. 0. On or about June 25, 1997 Respondent executed and submitted a reregistration appiication with regard to his New York iicense to practice medicine wherein he answered ?hie? to the question ?Are you under any obligation to pay child support?? BHS asserts that Respondent violated" Section ?l6221(b)(x) of the Public Health Code as a result of the disciplinary action in the State of New York. Respondent did not dispute this allegation and stipulated to the admission of the Surrender Order of the New York State Board. Respondents attorney did make a statement at the hearing. He requested an opportunity to submit an affidavit from the wife regarding alimony orsupport payments. The Assistant Attorney General objected to any affidavit being admitted. It is noted that no affidavit was prepared, but that Respondent was requesting a two week period to submit an affidavit. The objection on behalf of the Petitioner was sustained based upon hearsay and because it would be a collateral attack on the Surrender Order issued by the State of New York. From all of the above, it is found that Respondent is in violation of Section 16221 of the Public Health Code. packet Page 5 EXCEFWONS: Within ten (15) days after service of this Proposal for Decision, a party may file exceptions and present written arguments. Within five (5) days thereafter, an opposing party may file a reply. Any exceptions and replies should be filed at: Michigan Department ca-f Consumer and Industry Services Bureau of Health Services Attention: Ray Garza 611 West Ottawa Street, 1st Floor PO Box 30570 Lansing, Michigan 48909 Dennis M. Administrative Law Judge Docket No. 2000-1882 Page 7 or: seem-2:5 i hereby state, to the best of my knowledge, information and belief, that a copy of the foregoing document was served upon all parties and/or attorneys of record in this matter by Inter-Departmental mail to those parties employed by the State of Michigan and by Day Air, facsimile, and/or by mailing same to them via first class mail and/or certified mail, return receipt requested, at their respective addresses as disclosed by the file on the 25?? day of January, 2001. Dr. Emmanuei Oshiyoye M.D., J.D. Law Offices of Dr. Oshiyoye MD., JD. 29777? Telegraph Rd. Suite 2500 Southfield, Ml 48034 Jack Blumenicopf Department of Attorney General Health Professionals Division 1200 Sixth Ave, Suite 1740 Detroit, MI 482262418 Obioma Agomuoh 16400 North Park Drive, #906 Southfield, Ml 48075 Bureau of Health Services cio Ray R. Garza Ottawa State Office Bldg, 15? Floor PO Box 30670 Lansing, MI 48909 A I I Tina E. Watso Bureau of Hearings STATE OF MICHIGAN DEPARTMENT OF CONSUMER INDUSTRY SERVICES BUREAU OF HEALTH SERVICES BOARD OF MEDICINE DISCIPLINARY In the Matter of OBIOMA SYLVESTER AGOMUOH. MB. License Number: Fite Number: ADMINISTRATEVE COMPLAINT NOW COMES the Michigan Departntent of Consumer 8: Industry Searices, hereafter Complainant, by Thomas C, Lindsay ll, Director, Bureau of Heaith Services, and tiles this complaint against Obioma Sytvester Agemuoh, M.D., hereafter Respondent, aileging upon information and belief as follows: 1, The Michigan Board of Medicine, hereafter Board, is an administrative agency established by the Pubiic Health Code, 1 978 EA 368, as amended; MCL-333.1 1631 Lag; MSA 14.15(1101) . Pursuant to section 18226 of the Public Heaith Code, the Board?s Disciptinary Subcomrtiittee is empowered to discipline licenseea for violations of the Code. 2, Respondent currently has a disciplinary limited licerise to practice medicine in the state of Michigan and holds acurrent centroiled substance license. 3. Respondent has been disciplined by the Disciplinary Subcommittee on three previous occasions, as follows: patients. On October 28, 1997, pursuant to a Consent Order and Stipulation, Respondent was reprimanded and ?ned $1,000.00 as a result of a disciplinary action taken by the State Medical Board of Ohio (Ohio Board) in March 199?. The Ohio Board action was ?based on Respondents misrepresentations on his application for Ohio licensure submitted in February ?[996. On June 22, 2000, Respondents license was limited, he was placed on probation for two years and ?ned $3,000.00 pursuant to a Final Order. The disciplinary action was based on Respondent's negligent and incompetent care of two On August 23, 2000, pursuant to a Final Order, Respondent was placed on probation and fined $3,000.00 as a result of a disciplinary action taken by the State of New York, Department of Health, State Board for Professional Medical Conduct (New York Board) in December 1998. The New York. Board action was based on Respondents misrepresentations on his New York licensure applications submitted in January 1995 and June 1997. 4. On October 28, 1999, the New York Board issued a Surrender Order which accepted the voluntary surrender of Respondent's New Yorlt license._ This disciplinary action was based on the discovery of another misrepresentation by Respondent on his June 1997 application for New York licensure. A copy of the Surrender Order (with attached Statement of Charges), marked Exhibit 1, is attached and incorporated. COUNT I The foregoing disciplinary action in the state of New York, as set forth in paragraph 4 above: constitutes a ?nal adverse administrative action by a licensure, registration, disciplinary, or certi?cation board involving the holder of, or an applicant for? a license o_r__registration regulated by another state or a territory of the United States? in violation of section 18221 of the Public Health Code supra C?mplai?ant requests that the within complaint serve upon Respondent and that Respondent be offered an opportunity to show compliance with all lawful requirements for retention of the license if compliance is not iq own, Complainant further requests that formal proceedings be commenced pursue tt tn Public Health Code. rules promulgated thereunder and the Administrative Proced A ores ct of 1969, 1969 PA 308, as amended: MCL 24201 at sag? MSA 3 01) at sag RESPONDENT IS HEREBY NOTIFIED that, pursuant to section 1623?l(7) of the Public Health Code, sopg, Respondent has 30 days from the date of receipt mews complaint to submit a written response to the allegations contained herein- The written response shall be submitted to Complainant, Thomas C. Lindsay ll, Director, Bureau of Health Services, Department of Consumer industry Services Box 30670 Lansin - - gi Mi 48909. RESPONDENT IS FURTHER NOTIFIED that, pursuant to section 1623163) ef the Public Health Cede, Egg, Respondents failure to submit a written response within 30 days, as noted above, shall be treated as an admission of the allegations contained herein and shall result in transmittal of this complaint directly to the Disciplinary Subcommittee for Empositten of an appropriate sanction. Thomas C. Lindsay ll, lfr?rcte? 23 Bureau of Health Services Attachment This is the last and final page of an Administrative Corgplaint in the matter of Obiema Sylvester Agomueh File Number 43-O0-2056-O0. before the Disciplinary Subcommittee of the Michigan Board of mm. pages, this page included. BH STATE OF NEW YORK DEPARTMENT or HEALTH STATE BOARD FOR MEDICAL comoucr >2 IN THE MATTER SURRENDER OF ORDER OBIOMA AGOMUOH, mo. ammo 99-253 OBIOMA AGOMUOH, M.D., says: On or about September 11, 1992, I was licensed to practice medicine as .3 physician in the State of New York having been issued License No. 1903'?8 by the New York State Education Department. My address is 16400 North Park Drive, Soothtield. M14-8075. I understand that I have been charged with one (1) specification of professional misconduct as set forth in the Statement of Charges, annexed hereto, made a part hereof, and marked as Exhibit I am applying to the State Board for Professional Medical Conduct for an agreement to allow me to surrender my license as a physician in the State of New York and request that the Board issue this Surrender Order. I do not contest the one (1) specification set forth in the Statement of Charges. I understand that, in the event that this proposed agreement is not granted by the State Board for Professional Medical Conduct, nothing contained herein shall be binding upon me or construed to be an admission of any act of misconduct alleged or charged against me, such proposed agreement shall not be used against the in any way, and shall he kept in strict con?dence during the pendency of the professional? misconduct disciplinary proceeding; and such denial by the State Board for Professional Medical Conduct shall be made without prejudice to the continuance of any disciplinary proceeding and the final determination by a, Committee on Professional Medical Conduct pursuant to the provisions of the Public Health Law. I agree that in the event the State Board for Professional Medical Conduct agrees with my proposal, this Order shall be issued striking my name from the roster gf physicians in the State of New York without further notice to me. i agree that this order shall be effective open issuance by the Board, which may be accomplished by mailing, by first class mail, a copy of the Order [to me at the address set forth above, or to my attorney, or upon transmission via facsimile to me or my attorney, whicheiver is earliest. I am making this agreement of my own free will and accord and not under duress, compulsion, or restraint of any kind or manner. OMAA OM OH Respondent AGREED TO: Date: . 2.0! STUART NG, M.D., Aft - for R??pon at Medical Conduct ANNE F. AILE D?recto Office of - Profs iona! Medical Cenduct oeoen Upon the proposed agreement of OBIOMA AGOMUOH, M.D., to Surrender his license as a physician in the State of New York, which proposed agreement is made 3 part hereof, it is AGREED TO and ORDERED, that the proposed agreement and the provisions thereof are hereby adopted; it is further onorsaep, that the name of Respondent be stricken from the roster of phy?icians in the State of New York; it is further ORDERED, that this Order shall be effective upon issuance by the Board, which may be accomplished by mailing, by first class mail. a copy of this Qrderto Respondent at the address set forth in this agreement or to Flespondenfs attorney, or upon transmissions via facsimile to Respondent or Fiespondenfs attorney. whichever is ea William P. Dillon, MD. Chair State Board for Professional Medical Conduct earliest. omen: A A STATE OF NEW YORK DEPARTMENT OF HEALTH STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT IN THE MATTER BF STATEMENT OBIOMA AGOMUOH, mo. CHARGES OBIOMA AGOMUOH, the Respondent, was authorized to practice medicine in New ?fork state on September 11, 1992, by the issuance of license number 190378 by the New York State Education Department. A. On or about November 4, 1995, the New York Supreme Court, Queens County, New York issued a Preliminary Conference Order (hereinafter requiring Respondent to pay $1,700.00 child support per month commencing on or before November 9, 1996. E. Cm or about December 11, 1998, the New York Supreme Court, Queens County, New York, ordered Respondent to pay $42,500.00 with interest, in arrears, for failure to make full payments in child support based on the P00 in Paragraph A above. C. On or about June 25, 1997 Respondent executed and submitted a reregistration eppticaiion with regard to his New York license to practice medicine wherein he answered ?No? to the question ?Are you under an obligation to pay child support?" Respondent violated New York Education ?6530(21) by having made andfor med a {arse report, in that Petitioner charges: 1. The facts in paragraphs A, 8, and/or C. DATED: 1999 . Albany, New York . PETER D. VAN BUFIEN Deputy Counsel Bureau of Professional Medical Conduct STATE OF MICHIGAN DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES BUREAU OF HEARINGS In the matter of Docket No. 1999-4948 Agency No. 43-994 831-00 Bureau of Health Services I Petitioner Agency Name: Bureau of Health Case Type: Sanifiggces Obioma Sylvester Agomuoh, MD. I Respondent I JUN 2. 8 ZEIUD Issued and entered this 312'?- day of June 2000 by Renee A. Ozburn Administrative Law Judge -. . - PROPOSAL FOR DECISION --s. PROCEDURAL HISTORY A hearing was held in this matter on May 24, 2.000, in offices of the Department of Consumer and Industry Services (Department), Bureau of Hearings, located in Detroit, Michigan. Assistant Attorney General Howard Marderosian appeared on behalf of the Bureau of Health Services Attorney Stuart Dunnings, Jr., appeared on behalf of Obioma S. Agomuoh, M.D., (Respondent). Docket No. 1999-4948 Page 2 ISSUES AND APPLICABLE LAW On August 3, 1999, the Michigan Board of Medicine Disciplinary Subcommittee (Michigan Board of Medicine) issued an Administrative Complaint alleging that Dr. Agomuoh violated the Public Health Code,178 PA ass, as amended; MCL 333.1101 e: MSA 101) _e_t gag (Code), by having an adverse administrative action taken against his license to practice medicine in the State of blew York and by failing to notify Michigan authorities of the New York action. The statutory authority for the above allegations are Code sections 1S221(b)(x), 16222(3) and ?l6221(h) which provide, in pertinent part, as follows: 333.1522?! Investigation of for proceeding Sec. 16221. The department may investigate activities related to the practice of a health profession by a The disciplinary subcommittee shall proceed under section 16226 if it finds that 1 or more of the following grounds exist: Personal disquali?cations, consisting of?! or more of the following: (X) Final adverse administrative action by a licensurefregistration. disciplinary, or certification board involving the holder of, or an applicant for, a license or registration regulated by another state or a territory of the United States. A certi?ed copy of the record of the board is conclusive evidence of the ?nal action. to report under section 16222 or 16223. 333.16222 Knowledge of violation; report to department to report Sec. 16222. (3) A licensee or registrant shall notify the department of a criminal conviction or a disciplinary licensing or registration action taken by another state against the licensee or registrant within 30 days after the date of the conviction or action. This subsection includes, but is not limited to, a disciplinary action that is stayed pending appeal. Docket No. 1999-4948 Page 3 - - SUMMARY OF EXHIBITS Petitioner Exhibits: 1 - A State of New York ?Statement of Charges?. 2 - A State of New York "Determination and Order?. 3 - A Curriculum Vitae for Obioma Agomooh, MD. Respondent Exhibits: A - Correspondence dated February 17, 1999. - A Michigan "Consent Order and Stipulation?. SUMMARY OF EVIDENCE In correspondence. dated November 13, 1996, the Medical Board of Ohio noti?ed Dr. Agomuoh of its intent to pursue disciplinary action for his alleged failure to truthfully answer a question on his application to practice in Ohio (Exhibit B). In response. Dr. Agomuoh filed a ?Request for Permanent Withdrawal of Application for Medical License" with the Medical Board of Ohio in February (Exhibit B). In October 1997, Dr. Agomuoh and the Michigan Board of Medicine entered into a Consent Order and Stipulation (Exhibit B) in which Dr. Agcmuoh accepted a reprimand and fine for the adverse disciplinary action involving his application to practice medicine in Ohio. Exhibit 1 is a Statement of Charges issued by the New York Board for Professional Medical Conduct on March 1998. The New York Board cited the disciplinary action initiated by the Medical Board of Ohio, and Dr. Agomuoh's -I I I. Docket No. 1999-4948 Page 4 withdrawal of his application for licensure in Ohio, as a partial basis for disciplinary action in New York. Further, paragraph 5 of the New York Statement of Charges alleges: 5. Respondent, on or about June 25, 1997, ?led a Registration ?Application for the period September 1, through August 31, 1999 with the New York State Education Department. a. Respondent answered ?no? to the question ?Has any other state or country initiated charges against you for professional misconduct, unprofessional conduct, incompetence or negligence, or revoked, suspended, or accepted surrender of a professional license held by you?" When, in fact, the Ohio Medical Board on or about November 13, 1996 initiated charges against Respondent for professional misconduct and/or accepted Respondents Permanent Withdrawal of Application for medical licensure (as is more fully set forth in paragraphs 2 and 3 above) and Respondent knew such fact. Because the Michigan Board of Medicine has aiready sanctioned Dr. Agomuoh for his conduct in applying for an Ohio license, the portion of the New York disciplinary action that repeats. the Ohio charges is not considered relevant to this matter. However, New York also sanctioned Dr. Agornuoh for failing to disclose additional information on applications filed in New York in 1995 and 1997. In pertinent part, a ?Determination and Order? issued in New York on December 3-1, 1998 Exhibit 2, pages 12, 15 and 16) states: "The Hearing Committee determined that the Respondent should, in fact, have answered in the affirmative, that he had withdrawn or resigned from the Connecticut Fellowship in order to avoid termination. The documentary evidence from the Fellowship in the record estabiishes that Respondents lack of basic competence, rather than his failure to achieve according to a higher standard of the Fellowship, was the cause of Docket No. 1999-4948 Page 5 Respondents forced resignation. This evidence raised questions about Respondents basic medical competence which no recent evidence in the record Hearing Committee was sympathetic in that it found the Respondent clearly had difficulty with the rnedicai licensing process- The charges before us do not involve any misconduct in dealin?ith patients. Rather, they concern keeping track of and accurately reporting professional data, characterizing the termination of a fellowship, and checking appropriate boxes on licensing questionnaires. However, these tasks are an important part of professional practice and may not be slig hted or minimized. Repeated failure to perform such tasks accurately calls into question a professi0nal's competence and Altogether, the Respondent's conduct evidences the willfui making or ?ling of a false report and practicing the profession (emphasis added) For the above violations, New York suspended Dr. Agomuoifs license for a period of three years. The suspension was stayed and he was pieced on probation for three years. However, a condition of his probationary license is that he will only be allowed to practice in New York under preapproved supervision for the three years. In 1994, Dr. Agomuoh became licensed to practice medicine in Michigan. Exhibit 3 is his Curriculum Vitae. Dr. Agornuoh testified that this resume contains only his primary education and work experience. He did not inciude part time experience such as the 6 month Connecticut Fellowship at issue in New York. For the past three years he has been in private practice in Harntramack, Michigan. He provides primary and obstetrics/gynecology care to the mostly indigent and Medicaid patients from the surrounding low income neighborhood. He shares his office space with a pediatrician and another physician who is semi?retired. His average case load is between 5 and 10 patients a day. He has deiivered approximately 100 babies over the last year, He is married, with 3 children under the age of 3 years old. Docket No. 1999-4948 Page 6 Dr. Agomuoh is the sole provider for his family. He is concerned that he wiil be unable to maintain his current practice if Michigan?s Board of Medicine ptaces him on the type of supervised probation ordered in New York because there is no one in his ofitce who can provide such supervision. He is also concerned that such a probation will cripple his practice because Health Maintenance Organizations will not contract with physicians on probation. Further, he believes he would be unable to sit for examinations to obtain continuing education certi?cations during such a probation. With regard to the allegation that he did not notify the Michigan Board of Medicine of the disciplinary action taken against his license in New York Dr. Agomuoh asserts that he submitted the Exhibit A correspondence dated February 1999, which addressed ?To Whom It May Concern?. Further, he asserts that receipt of this notice was acknowledged at the compliance conference stage of this matter. At the beginning of the hearing on May 2000, the undersigned Administrative Law Judge granted Dr. Agornuoh?s motion to dismiss the charge of failing to report the New York I action. Dr. Agomuoh testified that he mailed the letter to Department investigator Joseph Campbell, at the address of PO. Box 30610, Lansing, Michigan. He appears to have met the intent and spirit of the statutory requirement that licensees must self report disciplinary actions taken in other states. It would not serve any purpose to keep the record open solely to verify the minor issue of exactly when notice was received by the Department. Docket No. 1999-4948 Page 7 FINDINGS OF FACT 1. Dr. Obioma Agomuoh is licensed to practice medicine in Michigan. 2. On December 31, 1998, the State of New York?s Board for Professional Medical Conduct issued a Determination and Order concluding that Dr. Agomuoh faiied to accurately answer licensing questions on applications filed with the state on January 17, 1995 and June 25, 1997. The application questions that were answered incorrectly concerned the nature of his resignation ?from a Connecticut Fellowship in 1994. 3. The New York Determination and Order sanctioned Dr. Agomuoh by imposing a three year suspension. However, the suspension was stayed and Dr. Agornuoh was placed on probation for three years. As a condition of probation, Dr. Agomuoh can only practice medicine in New York under supervision during the probationary term. 4. Dr. Agomuoh met his obligation under Michigan statutory regulations to notify the Michigan Board of Medicine of the New York disciplinary action. CONCLUSIONS OF LAW The principles that govern judicial proceedings also apply to administrative hearings. The burden of proof is upon the Petitioner to prove, by a preponderance of the evidence, that the Respondent has violated the Public Health Code as alleged, and that grounds exist for imposition of sanctions. The Bureau of Health Services has proven by a preponderance of the evidence Docket No. 1999-4948 Page 8 that Dr. Agomuoh had a ?nal adverse administrative action taken against his license to practice medicine in the state of New York, in violation of Code section 18221(b)(x). The Bureau of Health Services did not prove that the Respondent failed to properly notify the Michigan Board of Medicine of the adverse action in New York. Therefore, the Respondent has not vioiated sections ?l6222(3) and .16221(h) of the Code. EXCEPTIONS The parties may ?le Exceptions to this Proposal for Decision within ?fteen (15) days after it is issued and entered. An opposing party may ?le a response within ?ve (5) days after Exceptions are ?led. Any such Exceptions shall be tiied with the undersigned Administrative Law Judge at the Department of Consumer and industry Services, Bureau of Hearings. Ottawa State Office Building, 611 West Ottawa, Second Floor, Lansing. Michigan 48909. Renee A. Ozburn Administrative Law Judge Dtosel-wship pmgran: at The 3L:hr:m.I of ofthz: University Health Canneciicm, effective 1993. Further, in additizm to the yaur agaplicaticsn For Iicensure. Er: thc: State at? Ohio is irtcomgalete, as gnu have - rc?med to the relcascg necessary to {main ir:fcmr1at.i:3n rrxgarding your in, and 5ubsequcmt- rcsignaiian from the ?viatemai-Fetal Medicine; Division of OBIGYN fellowship at The Skhocl Medicim of the: Llriive-rsiiy C?nneaticut I-{calm Canter, Famington, Your ac-ts, conduct, emissions as (Z), (3), anti ahwc_, individuaili? a?djm W1?*3tiVf31Y: ?fraud, 3:1 appl.yi_ng for or any license ii?-Slifid by Kim as: that used in Sacticn W3 1 Uhica Ramed Code. Farmer, your acts; rzanduct, cmissigzms as in pamgrapixg and (4) above, imjividually C?ifi?i?illf? "publishing a false, deceptivc, or state=rr1cni,? as that clause is um;-Id in {Shh Revised Code. Fll?h?? your acts, ccmducz, and/or omissiorw as allegcd in paragraphs (2), (3), and above; individually and/ur m11.e:ct.ivciy, tcm?timte :1 failure to fun?sh satisfactory sf gaod mural as requimd by Session 433 1 I?hicu Dada, ?0 Section Ohio Revised Cede. Pursuant to Chapter I 19., Ohio Revised Ccsde, yeti: are. harcby advised that YGIE are. entitled 3. hmring in this matter. If you wiish H3 request such haaring, the mquest mugt be made in writing and must be rcceived in the. of?ccs of ihe: ?State ts?-iezrciical Beard thirty (30) days of the: tirn? of mailing this nesaiw. Ycu are. further advised that yau ars antided ta appazir at such hearing in permn, or by ycsxur cw by such as is pazmzimad bcfore this agency, you may pressent axguzneriis. cantcmions in writing, and that at the may present am: axanairm appearing for or againsz you. In {ha extant "shat them is as r?qmst far guch ?112: time mailing cs!? this nmiw. the Same Med?czll in yam: absancc and agar: . 339:2 ht ccen'sidz:ratian of this matter, determine whether car not ta limit, mvoke, suspend, refuse? to register-or reinstate your certi?cate to practice meadicina and surg?ry or to reprimand or piacc: you on pwbation. Copies of.? the applicable sections are enclnacd far ycn,1rin.fonnation, Very uuly yours, - Ml). Secretary ?TEG/bjm Enciasures Mm. at 152 932 990 RETURN REQUESTED rszv?fl 5X95 5 9:3 STATE OF MICHIGAN DEPARTMENT OF CONSUMER 8: INDUSTRY SERVICES BOARD OF MEDICINE DISCIPLINARY SUBCOMMITTEE In the Matter of OBIOMA SYLVESTER AGOMUOH, M.D. License Number: 43-01-063912 File Number: 43-00-2056-00 Docket Number: 2000-1882 FINAL ORDER On September 20, 2000, the Department of Consumer 8. lndustry Services, Bureau of Health Services, ?led an Administrative Complaint with the Disciplinary Subcommittee of the Michigan Board of Medicine, hereafter Disciplinary Subcommittee, charging Obioma Sylvester Agomuoh, M.D., hereafter Respondent, with violating section 16221(b)(x) of the Public Health Code, 1978 PA 368, as amended. An administrative hearing was held in the matter before an administrative law judge who, on January 25, 2001, issued a Proposal for Decision setting forth recommended ?ndings of fact and conclusions of law. The Disciplinary Subcommittee, having reviewed the administrative record, considered the within matter at a regularly scheduled meeting held in Lansing, Michigan, on March 28, 2001, and accepted the administrative law judge?s findings of ._fact and conclusions of law. Now therefore, IT IS HEREBY ORDERED that forthe violation of section 16221 of the Public Health Code, supra, Respondent shall remain sanctioned as previously set forth in the attached Order Grantinct Reconsideration and Vacating Final Order Dated August 23 2000 issued by the Disciplinary Subcommittee on November 28, 2000. IS FURTHER ORDERED that this ordershall be effective on the date signed by the Disciplinary Subcommittee's Chairperson or authorized representative, as set forth below. Dated: 2350/ MICHIGAN BOARD OF MEDICINE DISCIPLINARY SUBCOMMITTEE By dam Thomas C. Lindsay?i?l, Bfir?ctorf Bureau of Health Services This is the last and ?nal page of a Final Order in the matter of Obioma Sylvester Agomuoh, M.D., File Number 43-00 2056-00, Docket Number 2000-1882, before the Disciplinary Subcommittee of the Michigan Board of Medicine, consisting of two pages, this page inciuded. BH STATE OF MICHIGAN DEPARTMENT OF CONSUMER INDUSTRY SERVICES BOARD OF MEDICINE DISCIPLINARY In the Matter of File Number: 43-99-1831-00 Docket Number: 1999-4948 OBIOMA SYLVESTER AGOMUOH, License Number: 43-01-063912 FINAL ORDER On August 31, 1999, the Department of Consumer Industry Services, Bureau of Health Services (Bureau), ?led an Administrative Complaint with the Disciplinary Subcommittee of the II/Iichigan Board of Medicine (Disciplinary_ Subcommittee), charging Obioma Sylvester Agomuoh, M.D., (Respondent) with violating sections 16221 and 16221 of the Public Health Code, 1978 PA 368, as amended. An administrative hearing was held in the matter before an administrative law judge who, on June 27, 2000, issued a Proposal for Decision setting forth recommended findings of fact and conclusions of law, indicating that Respondent violated section 16221 ofthe Public Health Code, sung, but did not violate section 16221(h) of the Public Health Code, supra. The Disciplinary Subcommittee, having reviewed the administrative record, considered the within matter at a regularly scheduled meeting held in Lansing, Michigan, on August 16, 2000, and accepted the administrative law judge?s ?ndings of fact and conclusions of law in the Proposal for Decision. Now therefore, IT IS HEREBY ORDERED that for a violation of section of the Public Health Code, gp_r_a_i, Respondent is placed on PROBATION to run concurrent with the period of probation imposed by the State of New York, Department of Health, State Board for Professional Medical Conduct (New York Board) pursuant to a Determination and Order issued on December 31, 1998.; The probationary period shall commence on the effective date of this order and Respondent shall comply with the Public Health Code during the probationary period. IT IS FURTHER ORDERED that Respondent shall be automatically discharged from probation upon receipt ofwritten con?rmation of discharge from probation by the New York Board. IT IS FURTHER ORDERED that Respondent shall report any changes in the status of Respondent's New York license within ten days of such change. All reporting required herein shall be submitted to the Department of Consumer 8: Industry Services, Bureau of Health Services, Sanction Monitoring, P.O. Box 30670, Lansing, MI 48909. IT IS FURTHER ORDERED that for the aforesaid violation of the Public Health Code, Respondent is INED in the amount of $3,000.00 to be paid prior to the end .. of the probationary period. The ?ne shall be mailed to the Department of Consumer Industry Services, Bureau of Health Services, Sanction Monitoring, P.O. Box 30185, Lansing, Michigan 48909. The ?ne shall be paid by check or money order, made payable to the State of Michigan, and the check or money order shall clearly display (or show) the formal complaint number 43-99-1831-00. IT IS FURTHER ORDERED that in the event Respondent violates any provision of this order, and if such violation is deemed to constitute an independent violation of the Public Health Code or the rules promulgated thereunder, the Disciplinary Subcommittee may proceed to take disciplinary action; pursuant to 1996 AACS, 338.1632 and section 16221(g) of the Public Health Code, supra. IT IS FURTHER ORDERED that this order shall be effective 30 days from the date signed by the Disciplinary SL_rbcommittee's Chairperson or authorized representative, as set forth below. Dated: MICHIGAN BOARD OF MEDICINE DISCIPLINARY SUBCOMMITTEE By Am??m Thomas C. Lindsay ll, ?Direct/or Bureau of Health Services This is the last and ?nal page of a Final Order in the matter of Obioma Sylvester Agomuoh, M.D.. File Number 43-99- 1831-00, Docket Number 1999-4948, before the Disciplinary Subcommittee of the Michigan Board of Medicine, consisting of three pages, this page included. BH STATE OF MICHIGAN DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES BOARD OF MEDICINE DISCIPLINARY SUBCOMMITTEE In the Matter of: Complaint No. 43-95-1603-O0 OBIOMA SYLVESTER AGOMUOH, M.D. ADMINISTRATIVE COMPLAINT The State of Michigan by Attorney General Frank I. Kelley through Assistant Attorney General Howard C. Marderosian, on behalf of the Department of Consumer and Industry Services, file this complaint against Obiorna Sylvester Agomuoh, M.D. (Respondent) alleging upon information and belief as follows: 1. The Board of Medicine (Board), is an administratinfe agency established by the Public Health Code (Code), 1978 PA 368, as amended; MCL 333.1101 et. seq; MSA 14.15(1101) et. seq., and is empowered to discipline licensees under the Code through its Disciplinary Subcommittee. 2. Respondent is currently licensed to practice medicine in the State of Michigan. 3. Respondent practices obstetric medicine and in that capacity provided care to individuals herein identified as E.H., and DP. Patient EH. Patient E.H. was an obstetrics patient of Respondent with her last menstrual period occurring on April 21, 1994, with a due date of Ianuary 18, 1995. Respondent had placed the patient on terbutaline pump to be used at home. This pump is used to retard premature labor. The patient was admitted to the hospital on December 26, 1994 due to the onset of premature labor. Upon admission Respondent discontinued the terbutaline pump. Also on December 26, 1994 Celestone IM, a steroid, was administered. On December 27, 1994 Respondent conducted an amniocentesis to determine fetal lung maturity. Theumedical records reveal that a late deceleration occurred during electronic fetal monitoring. Respondent ordered a Pitocin induction at 6:09 am. in response to the "late" deceleration." A review of the patients chart indicated no signs of fetal distress or other signs or of deceleration which would compromise either the patient or the fetus. At 11:00 a.m. a c-section was performed. 5. Based upon the foregoing Respondent violated section 16221(a) and of the Public Health Code as a result of Respondent's conduct in administering steroids to this patient at 37 weeks gestation; performing an amniocentesis at 37 weeks gestation; and performing a caesarean section in the absence of any fetal or maternal indications warranting such procedure. Patient 6. Patient was an obstetric patient of Respondent with her last menstrual period on August 29, 1994. Prenatal ultrasound, pelvic examination, and -2- . I I?it fundal height measurements all confirmed a due date of March 16, 1995. Respondent's office notes indicate the planned induction of a full term labor planned as Respondent had intended to be out of town for eight days. On March 16, 1995, the patient was hospitalized and labor induced even though the cervix was unfavorable for the induction of labor. The hospital records reflect at 7:43 a.m. the nurse was unable to reach to cervix and attempted the vaginal examination. Pitocin induction began at 7:50 a.m. and by 5:10 p.m. the records reflect?only 50% effacement of the cervix with one to two centimeters dilation with the fetus at the -3 station. Pitocin was stopped at 11:30 pm. to provide rest to the patient and was to be restarted in six hours. On March 17, 1995, Pitocin IV was restarted at 7:53 a.m. At .2:12 pm. the nurses records reveal the cervix to be 2 centimeters dilated and 60% effacement. Pitocin was discontinued at 2:13 p.m. and Respondent performed a caesarean section. 7. Based upon the foregoing Respondent is in violation of section 16221 and as Respondent performed a caesarean section delivery in the absence of medical evidence which would justify the performance of such a* procedure; Respondent induced labor in a full term pregnancy without maternal or fetal indications that induction would be appropriate. Patient D.F. 8. Patient D.F. was an obstetric patient of Respondent with a last menstrual period date of August 27, 1994 and a due date of June 2, 1995. During the course of prenatal treatment vaginal Warts were observed. Alb?! 9. On February 7, 1995, a prenatal examination revealed the patient's blood pressure to be 108/62, weight 182.5 lbs., the patient continued with prenatal care and on April 24, 1995 the patient's blood pressure was 104/64, patient's weight was 199 lbs. 10. On April 26, 1995, the patient reported swelling of the eyes, face and hands. The patient was seen by another physician as Respondent was not available. At 4:05 pm. on the same date the patient called to report lights in front of her eyes, that she felt lightheaded, and was advised to call 911 for transportation to the hospital emergency room. 11. On May 1, 1995, the patient's blood pressure was. 132/84 with a weight of 204 lbs. Subsequent blood pressure was 104/64 and 106/62. The patient complained of headaches, dizziness, epigastric pain, and swelling of the hands and feet. The patient was hospitalized to rule out pre-eclampsia. The UA-protein and UA- sugar results were negative. The biophysical profile revealed amniotic fluid volume index at 23.5. 12. Respondent's notes on May 1, 1995 indicate that he had intended to rule out pre-eclampsia. The notes also disclose as per ultrasound . . . schedule PT for amniocentesis if fetal lungs are mature would consider immediate delivery because complicating pregnancy at 36/7 weeks." 13. On May 3, 1995, the patient's blood pressure was 138/60 and 140/90 and weight 201 lbs. An amniocentesis was performed on this date. The patient continued to complain of epigastric pain, flashing lights in her eyes and headaches. -4- 14. The patient did not developed significant proteinuria or edema nor was her weight gain rapid. Respondent's notes reflect the patient's diagnosis included mild pre-clamptic, hypoglycemia, and vaginal condylornas. Respondent performed a c-section on May 4, 1995. The post operative notes indicate the preoperative diagnosis as mild pre-eclarnpsis, and vaginal condylomos. 15 Based upon the foregoing Respondent is in violation of section 16221(a) and as D.F.'s medical records did not reflect medical or laboratory evidence consistent with pre?eclarnpsia; Respondent's diagnosis of was erroneous; Respondent's c?section based upon a diagnosis of mild pre- eclampsia, and vaginal was erroneous. QQUNT I Respondent's actions as described in paragraphs one through 11 herein constitute a violation-of section 16221(a) of the Public Health Code. Respondent's actions as described in paragraphs one through 11 herein constitute a violation of section 16221(b)(i) of the Public Health Code. BELIEF REQLJEQTED The People request that the Respondent be served with this complaint, and that he be offered an opportunity to show compliance with all lawful requirements for retention of his osteopathic medical license. If compliance is not shown, the People further request that formal proceedings commence to determine if disciplinary action should be taken against Respondent pursuant'to the Public Health Code, and the rules promulgated thereunder, and pursuant to the Administrative Procedures Act (APA) of 1969, 1969 PA 306, as amended, MCL 24.201 et. seq.; MSA 3.560(101) et. seq. Pursuant to section 16231(7) of the Public Health Code, Respondent has 30 days from receipt of this complaint to respond to the allegations. Failure to answer within 30 days shall be considered an admission of the allegations contained within this complaint. FRANK I. KELLEY Attorney General g/Q Howard C. Marderosian Assistant in Charge Health Professionals Division P. O. Box 30212 Lansing, Michigan 48909 March 3 1997 Telephone: (517) 373-1146 Dated: 2/6/9?