Los Angeles-area psychologist Ross Porter surrenders license on charges involving family

On March 6, 2012, psychologist Ross U. Porter surrendered his license to the California Board of Psychology in lieu of facing a hearing on twelve counts of negligence.

According to the Board’s document which laid out the accusations against him, Porter engaged in multiple relationships with the daughter of a family to whom he provided individual and family therapy. The family, described in the state’s documents as “The ‘A’ Family,” consisted of a mother, father and six children.

Porter provided therapy to the mother and daughter, “Angela,” in 2007. This progressed into therapy for the mother and father and then into family therapy. In late 2007 or early 2008, Porter provided counseling to Angela both individually and with other family members. Porter encouraged Angela to interact socially with his family and to do volunteer work in conjunction with a fundraiser for Porter’s non-profit organization he ran called Stillpoint. Porter also hired and paid her to baby sit and house sit for him. When a health care practitioner engages a patient in his or her business or social activities, it is considered potentially harmful to the patient and is a violation of the American Psychological Association’s ethical principles, as well as a violation of sections of the California Business and Professions Code.

In late 2008, during a therapy session with Angela and her parents, Porter recommended that Angela be allowed to move into his home for an indefinite period of time. It was agreed and she moved in. Porter failed to consult with any peers on the ethical propriety of such an arrangement. Angela ate with the family and generally interacted with them while receiving treatment from Porter at his residence, rather than at either of his two offices, where the sessions were formerly delivered.

In 2009, convinced that Angela was abusing alcohol and prescription drugs and engaging in dangerous and illegal activity while living in Porter’s home and under his care, Angela’s parents conducted an intervention in which they removed her from the residence and enrolled her in a proper addiction treatment program. Porter was not in support of the intervention.

The state’s documents indicate that Porter and his wife continued to call and e-mail  the family in an attempt to make contact with Angela and to allow her to have contact with their children, in a manner which bordered on harassment, according to a message the family sent Porter.

The Board noted that, additionally, Porter never presented the family with invoices or statements but simply told them each month what they owed. However, he neither provided them any receipts.

Further, according to the state’s documents, Porter accidentally discarded the entire “A Family” file as he was preparing to move his office and so had no records of his treatment of the family at the time of the Board’s investigation.

Porter acknowledged that the charges and allegations the Board brought against him, if proven at a hearing, would constitute cause for discipline. Porter agreed that cause for discipline existed and forewent a hearing.

In addition to the surrender of his license, Porter was required to reimburse the Board $44,316 for the costs of investigation and enforcement in the matter.

Sydney psychiatrist Neil Schultz loses license for sex with patient

On or about May 7, 2012, the New South Wales Medical Tribunal struck psychiatrist Neil Schultz from the medical register after it was found he’d engaged in a sexual affair with a 25-year-old patient, with whom he also took the drug Ecstasy.

The Tribunal also found that he prescribed narcotics and antipsychotic drugs to her even after he stopped consulting her, despite knowing she had a history of drug abuse.

Further, he admitted he hired her to do administrative work for him, paying her $20,000 and buying her a car.

Schultz had been investigated for having an affair with a married patient when he was a trainee psychiatrist.

He may not petition for reinstatement of his license for 18 months.

Source: “Sydney psychiatrist had sex with patient,” Sydney Morning Herald, May 7, 2012.

Memphis psychiatrist Michael Patterson guilty of drug charges

On May 4, 2012, Michael A. Patterson, a psychiatrist in Memphis, Tennessee, was found guilty to federal charges of unlawfully distributing prescription drugs.

Patterson was indicted earlier on 38 counts of improperly distributing controlled substances such as Oxycontin, Percocet, Adderall, Lortab and others.

He pleaded guilty to two counts of unlawfully distributing 90 oxycodone or Oxycontin tablets by writing prescriptions for no legitimate medical purpose and also unlawfully distributing 60 hydrocodone tablets. He will be sentenced August 17, 2012.

His Tennessee medical license was revoked in 1994 for drug violations and was revoked again last March due to his relapse into chemical dependency.

Source: Lawrence Buser, “Doctor pleads guilty in prescribing drugs,” The Co

Psychiatrist Kulsoom Khan suspended in Nebraska; California board issues charges

On April 24, 2012, the Medical Board of California issued and Accusation against psychiatrist Kulsoom A. Khan, seeking to revoke or suspend her license or to take other disciplinary action against her.

According to the Board’s document, Khan, who resides in Cupertino, California, was suspended in October 2011 for 90 days by the Nebraska Department of Health and Human Services.

The documents issued by the state of Nebraska state that Khan treated patient “S.F.” for several months in 2002 and again in 2006 and that Khan and her husband allowed the patient to live with them from 2007 through April 2008 and employed her as a nanny during early 2008.

Additionally, Khan and her husband arranged for the patient to have an attorney to help with her child custody matter and helped her handle her legal problems. They also paid for tutoring for the patient’s son.

Lastly, Khan admitted to the Nebraska Board’s investigator that she engaged in a physical relationship with the patient during the summer of 2007.

Source: Accusation in the Matter of the Accusation Against Kulsoom Alvi Khan, Certificate No. C52915, Case No. 16-2011-219705, Medical Board of California.

UK psychiatric nurse failed to notice that the patient was dead

Mental health nurse Christopher James Westwood is also alleged to have delayed an urgent ambulance trip to A&E for another patient so that he could finish his coffee and go to the toilet, putting the patient at risk. The allegations relate to time that Mr Westwood worked on ward three at St John’s Hospital, Livingston, which is a mental health ward for the over-65s, and at the specialist dementia unit Maple Villa, at NHS Lothian’s Craigshill Care Facility.

Among the charges due to be put to the Nursing and Midwifery Council’s (NMC) Conduct and Competence Committee are that, in one incident, he “failed to realise the patient had died” and “had to be informed the patient had died by a member of the domestic staff”.

It is also claimed that when the nurse was asked to accompany a patient from another unit who was “very unwell” to casualty, he “failed to comprehend the urgency of the situation,” “delayed the departure of the ambulance by finishing [his] coffee and going to the toilet” and “put patient F at unnecessary risk”. Numerous other allegations facing the band five registered nurse include giving a psychiatric in- patient a copy of her notes, which included a diagnosis she had not been informed of.

The incidents are alleged to have taken place on a range of dates from 2008 to 2010, when he was sacked by NHS Lothian.

The health board’s nurse director, Melanie Hornett, said: “This person is no longer a member of our staff and was dismissed in 2010. As this case is the subject of an NMC hearing it would be inappropriate to comment further.” His conduct will be discussed at a private meeting of the NMC’s Conduct and Competence Committee in London on May 17, where it will be alleged that his fitness to practice was “impaired by reason of [his] misconduct – and lack of competence”.

A spokeswoman for the NMC said it didn’t comment on cases which were pending a decision.

It is the latest in a series of NMC hearings against nurses from the Lothians, including Veronica Duncan, 46, from Tranent, East Lothian, who was struck off by the NMC last month after she pleaded guilty at Edinburgh Sheriff Court to falsely claiming almost £9000 in housing benefit.

Mr Westwood declined to comment when approached by the Evening News.

Source: Sue Gyford, “Nurse ‘failed to see patient had died’,” The Scotsman, May 7, 2012.

Judge denies accused child molester psychiatrist William Ayres release from state hospital

A San Mateo County Superior Court judge on Thursday denied a request by the attorney representing Dr. William Ayres, accused of child molestation, for his release from Napa State Hospital, where he has been held since Oct. 25 to restore his competency for retrial.

In a motion to the court, Ayres’ lawyer and children asked that he be transferred to an unlocked senior facility or released for outpatient treatment because his mental state is quickly deteriorating. The once-prominent child psychiatrist scored “severely impaired” on a recent dementia test, according to documents released last week.

But Judge John Grandsaert said he is not legally allowed to consider the request because there was no written declaration from the hospital’s director about Ayres’ mental state. Ayres’ treating physician was in court instead.

Grandsaert set a hearing date for July 25, when a six-month report is due on Ayres’ competency. The judge also noted that a 90-day report indicates “there’s some possibility of restoration to competence.”

Before the session started, Ayres slowly shuffled into the Hall of Justice courtroom in Redwood City using a walker. He wore a standard orange jumpsuit with a chain around his waist; his white beard, once close-cropped, was long and unkempt.

A trial on charges that the former head of the American Academy of Child and Adolescent Psychiatry molested several young male patients at his San Mateo office ended in a hung jury
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in 2009. He was required to stay at Napa for a minimum of 180 days after the district attorney, who wanted to try him a second time on molestation charges, conceded last year that Ayres’ mental health was in decline and he could not aid in his defense.

On Thursday, deputy district attorney Melissa McKowan said the 90-day report indicated Ayres was “intentionally not cooperating” with his treatment.

“His pointed intention not to be restored to competency while he was at Napa during that first three months, that led to that,” she said. “Maybe if he had cooperated and had done everything they said, that 90-day report would have gotten him out,” she added.

“It’s outrageous to suggest that someone with dementia is in some way preventing his return to competency,” responded Ayres’ attorney, Jonathan McDougall.

The motion to release Ayres from the state hospital included letters from his adult children and the summary of an evaluation by a Napa doctor whose April 18 neuro-psychological evaluation found the 80-year-old has suffered “significant deterioration” in his mental functioning.

“Mr. Ayres is not a danger to society,” McDougall said. He argued that his client’s due process rights are being violated because it’s unlikely he would ever be able to stand trial.

“There’s no argument he has dementia, and I don’t think there’s an argument that he’ll be returned to competency,” McDougall said.

Referring to the 90-day report, however, McKowan pointed out that Ayres’ wife had encouraged him to try a particular treatment and he refused. “He said, ‘Why, so I can go to prison?’ ” McKowan said, adding that Ayres has been simply trying to wait out his time at the hospital until he could be released.

After the hearing, McKowan said in an interview that she was pleased with the judge’s decision. Asked if she expects Ayres to ever be declared competent for another trial, she said she didn’t know.

“It will be up to the doctors,” she said. “I’m sure the victims would be happy for that to happen.”

Five people who attended Thursday’s hearing said they are family members of victims. One woman, who did not want to be named, said Ayres does not deserve to be released. “He’s destroyed so many lives,” she said.

Members of Ayres’ family declined to comment after the hearing.

Source: Bonnie Eslinger, “San Mateo judge denies motion to move accused child molester from state hospital,” San Mateo County Times, May 3, 2012.

Memphis psychiatrist Michael Patterson guilty on prescription drug charges

A former Memphis-area doctor with a history of professional violations has pleaded guilty to federal charges of unlawfully distributing prescription drugs.

Michael A. Patterson, whose license was revoked in March of last year, was indicted in November on 38 counts of improperly distributing drugs including Oxycontin, Percocet, Adderall, Lortab, Vicoprofen and Xanax.

Patterson, who operated out of Bartlett Psychiatric Center at 3189 Kirby-Whitten, pleaded guilty to two counts Wednesday alleging that he unlawfully distributed 90 oxycodone or Oxycontin tablets by writing prescriptions for no legitimate medical purpose.

That count carries up to 20 years in prison and a fine of up to $1 million.

Patterson also pleaded guilty to unlawfully distributing 60 hydrocodone, also known as Lortab or Vicoprofen. That count carries up to 10 years in prison and a fine of up to $500,000.

He will be sentenced Aug. 17 by U.S. Dist. Judge Jon McCalla.

Patterson, who began his practice in 1977, had his state medical license revoked in 1994 for six years for drug violations. In 2008 he was placed on probation for failing to follow monitoring guidelines. His license was again revoked in March of last year for falling back into drug dependency.

Last September federal prosecutors won a default judgment after $5,676 was seized in a December raid by a Drug Enforcement Administration Task Force at Patterson’s home at 2133 Tabor Court in Germantown.

The money was seized as proceeds of illegal narcotics trafficking.

The raid came after a yearlong investigation involving confidential informants and surveillance operations in which authorities determined that Patterson was illegally prescribing prescriptions for money and sex, court records show.

Source: Lawrence Buser, “Doctor pleads guilty in prescribing drugs,” Commercial Appeal, May 4, 2012.

Sydney psychiatrist Neil Schultz loses license for sex ‘n drugs with 25-year-old patient

A New South Wales psychiatrist slept with a 25-year-old patient, wrote her scripts for powerful drugs without consultation, paid her $20,000, took ecstasy with her and did not end the relationship because he thought she would get “extremely angry,” the state Medical Tribunal has heard.

The tribunal ordered that Neil Schultz – who has been reprimanded for misconduct before – be deregistered for 18 months.

It found him guilty of professional misconduct, failing to protect patient confidentiality, having an inappropriate personal relationship with a patient and failing to observe professional boundaries.
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A complaint received by the Health Care Complaints Commission last year said Schultz, whose practice was in Richmond, began treating the patient in March 2008, diagnosing her with attention deficit disorder and borderline personality disorder.

Between March 2008 and November 2009, Schultz prescribed dexamphetamine to the patient, the complaint stated, despite knowing she had a history of drug abuse.

Once he stopped consulting her in January 2009, he continued to write her prescriptions for antipsychotic drugs and narcotics.

Schultz told the tribunal it was not unusual for him to do so for friends and co-workers.

In September 2009, two consultant psychiatrists told the Medical Board that Schultz “has admitted to both of us, separately, that he was involved in a physical relationship with a female patient.

“We believe our colleague has been depressed and we are concerned for his safety.”

Schultz told the tribunal that in December 2008 he employed the patient for “a few hours a week” to do admin work, paying her a total of $20,000. He also bought her a car.

According to Schultz’s evidence, on one occasion the patient came to his office, gave him ecstasy and the pair then had sex.

The Health Care Complaints Commission sought expert opinion from a consultant psychiatrist and psychogeriatrician, Janine Stevenson, who stated that Schultz did nothing to stop the relationship progressing by “letting her spend time in the practice, by letting her work in the practice (which I find to be grossly unprofessional given the necessity of confidentiality of the other patients in the practice), by giving her food, money and gifts and by seeking out her advice and support for his own problems”.

Dr Stevenson said that, despite knowing people with borderline personality disorder had problems with boundaries, Schultz invited her to be part of his own family.

The tribunal stated it was “comfortably satisfied that the respondent’s [Schultz's] conduct was deliberate”.

They accepted Schultz felt “desperately ashamed” of his actions, but ordered his deregistration and to pay the commission’s costs in the proceedings.

It was not the first time Schultz had been investigated. In 2002, an inquiry by the Professional Standards Committee found that as a trainee physician, Schultz, who was married, began a relationship with a patient who was also married.

The pair divorced their respective spouses and married in 2000.

He was reprimanded and ordered to participate in a peer review program.

Source: Melissa Davey, “Psychiatrist struck off for sex and drugs with patient,” Sydney Morning Herald, May 7, 2012.

Psychologist Robert L. Howard censured by board for failure to properly supervise psych assistant

On March 17, 2012, the California Board of Psychology issued a Public Reproval against Robert L. Howard, Ph.D. for his failure to properly suprvise his psychology assistant, Kelly Cothran-Gagliardini as required by the state Business and Professions Code.

According to the Board’s Accusation document, between  June 2006 and February 7, 2007, Cothran-Gagliardini began providing counseling to “S.A.,” a six-year-old girl, for suspicions that she had been molested by her father. S.A.’s mother was involved with S.A.’s therapy but her father was not.

Cothran-Gagliardini, as a mandated reporter, notified the Department of Children and Family Services (“child protective services”) that she suspected that S.A. was abused by her father.

Cothran-Gagliardini prepared a letter on the mother’s request, offering her observation that S.A. had suffered abuse by her father and recommended that the girl’s visits with her father be supervised. Cothran-Gagliardini did not inquire as to how the letter would be used. Howard, did not co-sign the letter.

The mother used the letter in a child custody court proceeding in which the court subsequently ruled that the father’s visits must be monitored.

Howard, who was aware of the case, failed to document or keep adequate records of his supervision of Cothran-Gagliardini; failed to ensure that she identify herself as a psychological assistant and failed to co-sign the letter prepared by Cothran-Gagliardini. In addition to the Public Reproval, Howard is required to reimburse the Board $2,000 for its costs of investigation and enforcement.

Source: Stipulated Settlement and Disciplinary Order in the Matter of the Accusation Against Robert L. Howard, Ph.D., License No. PSY 11758, Case No. 1F-2007-187739, California Board of Psychology. 

Psychiatrist made up sexually derogatory nicknames for colleagues and patients

A doctor made up sexualised and derogatory nicknames for colleagues and patients where she worked, a disciplinary hearing was told today.

Dr Elizabeth Jasiak, 41, openly referred to workmates as ‘Sausage T*ts’, ‘Jugs’ and ‘Douche Bag’, and called patients ‘Brain Stem’, ‘Dumbass’ and ‘Mr Piehole’.

The Polish psychiatrist was also said to have regularly remarked about the breasts of one colleague and asked her for a threesome with her girlfriend.

The incidents were said to have taken place while she worked in the ‘highly stressful’ environment at a unit in Staffordshire for patients with learning difficulties and challenging behaviour who were described as ‘very vulnerable’.

A General Medical Council (GMC) fitness to practise hearing in Manchester was told that Dr Jasiak had made inappropriate and sexualised comments concerning the physical appearance of a health care support worker at Stonefield House in Stafford between August and October 2009.

Terence Rigby, for the GMC, said a number of remarks were made either to her or about her by the doctor.

‘A number of examples were that she had “a nice rack” and was “stacked”, referring to her breasts, and “I have only come down to look at your t*ts”,’ he said.

On another occasion the woman was restraining a patient when Dr Jasiak was alleged to have said: ‘I wish that was me you were on top of.’

When she complained about the comments, the doctor was said to have told her she was ‘joking’ and later: ‘I’m the doctor and can pull rank any time.’

Mr Rigby said another incident amounted to what was ‘a proposition’ when the support worker was asked by Dr Jasiak: ‘Have you ever had out-of-relationship sex?’

The psychiatrist then suggested to her that she join her and a girlfriend for a threesome at a bed and breakfast hotel while her husband was away, the barrister continued.

Mr Rigby said the woman’s husband later confronted Dr Jasiak at a party about her proposal. He said: ‘It is alleged that she said to him “why go out for hamburger when I have steak at home?”‘

The doctor also gave nicknames to staff members such as ‘Douche Bag’ and ‘Jugs’ – another reference to breasts, the GMC allege.

One overweight male employee was labelled ‘Sausage T*ts’. Dr Jasiak is said to have remarked in the office about him: ‘I really enjoy making him blush, I said I would do him if he was a woman or he had a pair of t*ts.’

Another incident involved a ‘feng shui’ water fountain in her office which was positioned near a colleague who moved it because of the noise it was making.
Dr Elizabeth Jasiak, right, with her wife Yasmin outside the General Medical Council in Manchester today

Defiant: Dr Jasiak, right, smiles with her wife Yasmin

She was said to have exploded in anger and told her: ‘That is my fountain, that is where it goes. If you don’t like it, I don’t give a s***. That is my f***ing fountain, it goes there.’

After her colleague had moved it, she is said to to have remarked: ‘English people have no manners.’

Patients were also given jokey nicknames, the disciplinary sitting in Manchester was told.

Mr Rigby said: ‘The suggestion is that she created derogatory names for patients which in effect mocked their disabilities.

‘Nicknames given were “Brain Stem”, “Dumbass”, “Mr Piehole”, “Whining Slugger” and “Pain in the Butt”.’

He said that when Dr Jasiak left the employment of South Staffordshire and Shropshire Healthcare Trust in October 2009, she posted a message on her Facebook account which read: ‘Liz Jasiak has just been fired because one c*** complained I was sexually inappropriate to her.

‘How people love to flatter herself. I do not go out for hamburger when I have a prime rib at home.’

Mr Rigby said the trust later instructed an IT expert to look at her work computer use between July and October 2009 where it was found she had used it ‘hundreds of times’ for personal use, which flouted work rules.

One day alone she spent eight hours on the computer while at work, he said.

‘Sites used were Facebook, chat forums and looking at travel sites and ticket sites,’ he said.

Dr Jasiak denies making inappropriate sexualised comments to a colleague known as GM and failing to treat her and other colleagues with dignity and respect.

She admits failing to show dignity and respect to patients, and inappropriately utilising a workplace computer.

Giving evidence, clinical psychologist Tracy Proctor said Dr Jasiak referred to a number of colleagues as ‘Smurfs’.

The hearing was told two teams of staff were split into red and blue sections for a staff task and most of the blue team were small in height.

A male colleague with the name N O’Dowd was also referred to as ‘Nurse Endowed’ by Dr Jasiak, she said.

She said that the doctor’s comments about patients were never made in front of them and were intended to be jokes which Dr Jasiak thought were funny.

Mrs Proctor added she raised the matter with her superiors after recording notes of the comments.

Mr Rigby asked her what she thought of Dr Jasiak’s treatment to colleagues and patients.

‘I felt it was incredibly disrespectful to both,’ she said. She denied it was a matter of a clash of personalities and approach between the pair.

The hearing continues tomorrow.

Source: James Titcomb, “‘Brain stem, Mr. Piehole and Sausage t*ts’: Female psychiatrist made up derogatory nicknames for colleagues and patients,” UK Daily Mail, April 30, 2012.