News

Automatic Professional Compliance Actions

At its meeting on March 3, 2008, the Board of Directors of the American Association of Orthopaedic Surgeons (AAOS) considered the following automatic compliance actions and took the actions indicated. Actions were taken under Article VIII, Section 2 of the AAOS Bylaws.

Merrimon W. Baker, MD
Cleveland, Texas
Expelled as Active Fellow
On Nov. 30, 2007, the Texas State Board of Medical Examiners (Texas Board) revoked Dr. Baker’s medical license for violations of an Oct. 6, 2006, agreed order. This action follows a history of Texas Board actions involving Dr. Baker. In February 2007, the AAOS Board of Directors voted to suspend Dr. Baker’s Fellowship in AAOS. On Nov. 28, 2006, the Texas Board temporarily suspended Dr. Baker’s medical license, following actions that included a 2002 agreed order restricting Dr. Baker’s license due to prescribing non therapeutic drugs to two patients. On Oct. 6, 2006, a separate agreed order restricted Dr. Baker from performing or being present at any spine surgery after the Texas Board found his treatment of six patients to be below the standard of care. On Oct. 10, 2006, Dr. Baker performed a kyphoplasty in violation of the agreed order. The AAOS Board of Directors voted to expel Merrimon W. Baker, MD, from the AAOS.

James M. Fontenot, MD
Wichita Falls, Texas
AAOS Fellowship Suspended
On Oct.10, 2007,the Texas Board issued an Order of Temporary Suspension based on Dr. Fontenot’s failure to comply with the terms of a 2001 rehabilitation agreed order that required him to complete additional training before returning to the active practice of medicine. The AAOS Board of Directors voted to suspend James M. Fontenot, MD, until he has a full and unrestricted license to practice medicine.

Gerald S. Kane, MD
Highland Park, Ill.
Expelled as Emeritus Fellow
On June 20, 2007, the State of Illinois Department of Financial and Professional regulation issued an Order for Temporary Suspension of Dr. Kane’s medical license, pending proceedings before the Illinois Medical Disciplinary Board. Allegations against Dr. Kane (age75) included gross negligence, unprofessional conduct, violation of controlled substances act, and prescribing for other than medically accepted therapeutic purposes in relation to the deaths of three patients between October 2004 and December 2006. In September 2007, the AAOS Board of Directors voted to suspend Dr. Kane, pending final action from the Illinois Department of Financial and Professional Regulation. On Nov.13, 2007, the Illinois Department of Financial and Professional Regulation indefinitely suspended Dr. Kane’s medical license for a minimum of 3 years. In addition, Illinois revoked Dr. Kane’s Controlled Substance License. The AAOS Board of Directors voted to expel Gerald S. Kane, MD, from the AAOS.

Adrian I. Medina, MD
Weeki Wachee, Fla.
Expelled as Active Fellow
On Feb.15,2007, the Florida Board of Medicine (Florida Board) revoked Dr. Medina’s license to practice medicine. In December 2004, the Florida Board suspended Dr. Medina’s medical license following a guilty plea to a felony violation of Florida law banning sexual relations with a minor. Dr. Medina was on sex offender probation and was under state supervision. At its March 20, 2006 meeting, the AAOS Board of Directors voted to suspend Dr. Medina’s Fellowship for the period of time that his license was suspended. In addition, the Board voted not to reinstate Dr. Medina without its express approval. The AAOS Board of Directors voted to expel Adrian I. Medina, MD, from the AAOS.

Duc M.Nguyen, MD
Redwood City, Cal.
Lifted AAOS Suspension
On Nov. 21,2007,the Medical Board of California granted a Petition for Penalty Relief for early termination of probation of Dr. Nguyen’s medical license. In October 2004, the Medical Board of California placed Dr. Nguyen’s license to practice medicine on probation for 4 years. This action followed accusations of gross negligence, repeated negligent acts, excessive prescribing, and failure to maintain adequate medical records related to the care and treatment of two patients. Following surgery on two patients, Dr. Nguyen prescribed massive amounts of acetaminophenin narcotic medications. One patient died of a drug overdose; a second patient averaged more than 10 prescriptions per month from April1999 to January 2003. In September 2006, the AAOS Board of Directors voted to suspend Dr. Nguyen until all probationary measures were lifted from his license. In addition, the Board voted to approve Dr. Nguyen’s request to be reinstated. The AAOS Board of Directors voted to lift Dr. Nguyen’s suspension as an Active Fellow in the AAOS and approved Dr. Nguyen’s request to be reinstated.

David L. Schenkar, MD
Hailey, Idaho
AAOS Fellowship Suspended
In September 2003, the Idaho State Board of Medicine (Idaho Board) issued Dr. Schenkar a restricted license to practice medicine. This action is the result of the parties voluntarily entering into a Stipulation and Order for the purpose of providing an acceptable procedure for dealing with problems Dr. Schenkar encountered in the State of Washington. Under the terms of the Idaho Stipulation and Order, Dr. Schenkar is prohibited from performing any surgeries in the State of Idaho. In January 2008, the Idaho Board revised the language in one paragraph of the Stipulation and Order to include Dr. Schenkar’s physical limitations. The AAOS Board of Directors voted to suspend David L. Schenkar, MD, until he has a full and unrestricted license to practice medicine.

Arthur J. Ting, MD
Fremont, Cal.
AAOS Fellowship Suspended
In April 2004, the Medical Board of California stayed the revocation of Dr. Ting’s medical license and placed his license on probation for a period of 5 years. This action resulted from a Stipulated Settlement and Order. The Medical Board of California alleged that Dr. Ting employed, aided, or abetted an unlicensed person in the practice of medicine. Dr. Ting employed a technician who allegedly examined and diagnosed patients, made chart notes, ordered and interpreted the results of diagnostic tests, wrote prescriptions, recommended physical therapy, recommended surgery, and obtained informed consent. In addition, the Medical Board of California alleged that Dr. Ting prescribed dangerous drugs and controlled substances to friends and acquaintances, particularly athletes, for whom he kept no medical records or for whom the medical records were fictitious, inadequate or inaccurate. The AAOS Board of Directors voted to suspend Arthur J. Ting, MD, until he has a full and unrestricted license to practice medicine.

Fellows and members who learn of state licensure actions may forward the information to Pamela Winkler, manager of member services, 6300 N. River Rd, Rosemont, Ill., 60018-4262, or winkler@aaos.org.

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