Medical board reprimands psychiatrist Nicole Poliquin-Williams for negligent prescribing

On July 15, 2011, the Medical Board of California publicly reprimanded psychiatrist Nicole Poliquin-Williams for gross negligence, repeated negligent acts and failure to maintain adequate and accurate medical records. According to the Board’s document, Poliquin-Williams, among other things:

* Rendered a diagnosis without documenting the symptoms to substantiate such a diagnosis
* Added/discontinued/adjusted more than two drug doses at a time
* Failed to consistently document her rationale for adding/discontinuing/adjusting drug doses
* Failed to order regular lab tests of patient’s blood, CBC, liver, thyroid and chemistry panels
* Failed to consistently gather and document information regarding effects and/or side effects of drugs she prescribed

In the case of one patient, a six-year-old boy, the document states that over a two-year period, Poliquin-Williams prescribed him 13 drugs, in varying dosages, with little to no substantiation for the use, discontinuation or changes in dosage: Trileptal (anticonvulsant), Depakote (a “mood stabilizer”), Adderall XR (prescribed for “ADHD”), Metadate CD (for “ADHD”), Risperdal (antipsychotic), Lithium (“mood stabilizer”), Prozac (antidepressant), Concerta (for “ADHD”), Seroquel (antipsychotic), Ritalin (for “ADHD”), Geodon (antipsychotic), Tenex (a blood pressure medication) and Cogentin (for treatment of tremors and Parkinson’s Disease).

In the case of Depakote, Poliquin-Williams prescribed it without noting the patient’s weight; the initial dosage of this drugs is determined based on the patient’s weight.

In the case of the other patient mentioned in the document (a 36-year-old female), Poliquin-Williams treated her over a six-year period during which she jockeyed numerous prescriptions the patient was already on, as well as adding new ones and discontinuing others. Poliquin-Williams maintained the patient on as many as eight psychiatric drugs at a time.

In addition to the reprimand, the state required Poliquin-Williams to complete a medical records keeping course, a prescribing practices course and a psychopharmacology course.

Source: Decision and Order in the Matter of the Accusation Against Nicole Poliquin-Williams, M.D., License No. A-30419, Case No. 06-2007-187121, Before the Medical Board of California.

Oh, the irony: Nationally-known child psychiatrist accused of pointing gun at son

A nationally-known child psychiatrist accused of pointing a gun at his teenage son and his friend, threatening to blow their heads off, lost a bid to have contact with his two sons today after a judge cited concern over possible witness tampering.

Collier Circuit Judge Fred Hardt denied a motion by Dr. James L. Schaller, 50, who is charged with two counts of aggravated assault with a deadly weapon without intent to kill involving his son, then 15, and his 14-year-old friend and neighbor.

Collier Sheriff’s reports say that on Jan. 2, after the friend threatened to hit his mother, then pushed her as she was spanking him, Schaller pointed a black revolver at the teen and said: “That is assault and battery. Get into the car or I will blow your head off.”

Reports say Schaller’s son tried to get between his friend and father to “prevent his father from shooting (the friend) and that is when James Schaller turned toward (his son) and threatened to blow his head off also.”

Schaller, an author of 25 books, including children’s fiction, specializes in child and adolescent psychiatry, ADD, and oppositional disorders, in addition to “mystery illnesses,” Lyme Disease, fatigue, and mold problems. He’s a staunch gun advocate and has several websites offering telephone consultations.

The ruling came after Circuit Judge Elizabeth Krier granted a motion for supervised visitation for both boys in the family dependency case, which involves the state Division of Children and Families. A criminal judge often adheres to that ruling, but Assistant State Attorney Chris Klink objected and Hardt cited concern over the allegations.

Defense attorney Lee Hollander of Naples told the judge Krier made her ruling after Family Preservation Services, which oversees the children, didn’t object. But Klink argued the purpose of Family Preservation Services is to reunite children with their families. He objected to the son, a witness in the case against his father, having contact with him.

“He’s also a material witness in reference to the allegations regarding the second victim,” Klink said. “… The state has concern if the victim is living with his mother in the house.”

Naples attorney Dave Agoston, who represents Schaller’s sons as their attorney ad litem, told the judge both boys have a “strong desire” to see their father.

The boys’ mother has completed the DCF case plan, which is required before reunification with her sons, Hollander said, while the father’s, which involves an evaluation and substance-abuse testing, is pending.

“Everybody is doing what needs to be done,” Hollander said. “That’s why Judge Krier approved this step. The psychiatrist’s report said the separation from the father is psychologically harmful … for (the son). He can’t even talk to his father.”

However, the judge said contact was a concern, noting, “That could be a problem. Are they going to talk about the case?”

Joyce Schaller moved out of their Indigo Lakes home with both their sons to comply with the no-contact order and to regain custody, Hollander said, adding, “The children were being bounced around from foster care to foster care. … (The son) is having a hard time with this.”

The judge wasn’t surprised. “I can imagine he would be having a hard time with what happened. I would bet,” Hardt said, denying the motion to modify the no-contact order.

Schaller’s wife cried and walked into a conference room outside the courtroom, where her sons were waiting. She was crying as she walked out and the one son stormed off, angrily stating his displeasure.

Hollander said Schaller declined comment, adding, “He’s disappointed.”

Agoston also said he and the boys were disappointed, but understood the judge was concerned about the pending criminal case.

“Both want normal contact with their father,” he added. “… I don’t think there are safety concerns based on what’s transpired in dependency court.”

Schaller, who has no criminal record, is free on $10,000 bond and faces up to five years each for the third-degree felonies. Collier Sheriff’s reports give this account:

Deputies were called to Kelenski’s Indigo Lakes Circle home after 11 p.m. Jan. 2 after both boys sneaked out of their homes and were caught by Kelenski’s mother, Jamie, who began arguing with her son when he refused to get in her car.

She spanked him on the buttocks with a switch and he threatened to hit her if she continued, then pushed her when she spanked him again. Schaller heard, went into his house and returned with a small black revolver, pointed it at the boy and threatened him, then threatened his son when he got between them.

Deputies spoke with friend and his mother, who confirmed what occurred. “(The victim) stated that he was in fear for his life at the time that James Schaller pointed the gun at his head and threatened to blow his head off.”

Schaller told deputies he carries a small black revolver “at all times” and that he had other guns. Deputies removed three others from the home, but Schaller refused to unlock cabinets with more guns.

A month after his arrest, Schaller filed a federal libel and defamation lawsuit against four out-of-state defendants and unknown John Does, accusing them of tarnishing his good reputation, calling him a quack and pervert on websites and blogs, and urging patients to report him to licensing boards. The case is pending and his state medical license is clean.

Source: Aisling Swift, “Nationally-known child psychiatrist accused of pointing gun at son denied custody,” Naples Daily News, July 22 , 2011.

Psychiatrist Richard Alan Kaye quite possibly first psychiatrist to be criminally charged for violating patient privacy

On or about June 30, 2011, psychiatrist Richard Alan Kaye, of Virginia, was indicted in U.S. District Court on charges that he disclosed a patient’s person medical information.

Kaye, the former medical director of the psychiatric unit at Sentara Obici Hospital, treated a patient at Obici for two weeks in 2007.

The indictment states that in 2008, he released personal health information about the patient on three different occasions to an “agent” of the patient’s employer without authorization.

The U.S. Attorney for the Eastern District of Virginia said Kaye disclosed the information under false pretenses, saying that she (the patient) was of “serious and imminent threat to the safety of the public.” However, the indictment states that Kaye knew the patient was not a threat to the safety of the public.

The alleged violation involves the federal Health Insurance Portability and Accountability Act (HIPAA). Criminal prosecutions for HIPAA violations have been rare and usually involve situations where “false pretenses” are used.

The Virginia Medical Board investigated the same incident and ultimately reprimanded Kaye and fined him $5,000.

According to the Board’s documents, the patient whom Kaye had treated in 2007 was admitted to another facility January 30, 2008 and Kaye talked to two of the patient’s co-workers about his 2007 treatment of the patient and his opinion of her current mental state; Kaye did not know her current state as he had not treated her since September 2007 and did not have authorization from the patient to share the information.

“Despite direct and repeated questioning,” states the Board’s Order, “Dr. Kaye could not fully articulate or justify his course of action in violating the patient’s privacy other than alleged concerns for public safety based on her access to a weapon.  Dr. Kaye could cite no specific threats of harm that the patient had to herself or other, yet he claimed he was afraid for his safety and that of his family.”

Order in re: Richard Alan Kaye, D.O., License NO. 0102-037142, Befor the Virginia Board of Medicine and “Suffolk doctor faces federal privacy law charges,” HamptonRoads.com, June 2011.

Psychiatrist Vladimir Rajkovic arrested for assault on prostitute

On June 27, 2011, psychiatrist Vladimir Rajkovic, of Harare, Zimbabwe was charged with aggravated indecent assault and charges of pointing a gun at another.

The state’s prosecutor alleges that On June 7 of this year, Rajkovic hired a prostitute for the equivalent of US $45 and that Rajkovic drugged her with a drink prior to the commencement of sexual activity.

It is further alleged that Rajkovic took photos of the woman after forcibly inserting a foreign object into the woman’s private area.

Lastly it is alleged that Rajkovic later phoned a friend, inviting him to bring his dog to engage in a sex act with the woman for the equivalent of US $330—something the woman had not agreed to do and vehemently refused to do, prompting Rajkovic to take out a gun and point it at her, before chasing her.

The woman made a report to police, who recovered both a gun and camera from Rajkovic’s residence. He is due back in court July 21.

Source: Moyo Roy, “Depraved psychiatrist doctor forces woman to sleep with dog at gunpoint,” Bulawayo24 News, June 30, 2011.

Nearly 100 complaints in three days against psychiatrist Graham Burrows

According to the June 23, 2011 Herald Sun (Australia), the Medical Council of Victoria is monitoring allegations made by patients against University of Melbourne psychiatric professor Graham Burrows.

According to a television news investigation, nearly 100 people came forward against Burrows in a three-day period, with complaints including over-medicating, conducting 30 second consultations and having conflicts of interest with pharmaceutical companies.

The Director of the Victorian Mental Illness Awareness Council called for the Victorian Government to launch an independent review of Burrows’ practice.

Source: Lucie van den Berg, “Heat turns on Melbourne University Professor amid allegations,” Herald Sun, June 23, 2011.

Queensland psychiatrist Shariq Ghulam Yasin suspended for sex with patient

On or about July 13, 2011, the Queensland (Australia) Medical Board suspended psychiatrist Shariq Ghulam Yasin for two years for engaging in sex with a patient.

The Board’s Tribunal that heard the case was told that Yasin’s leg came into contact with the patient’s during the first consultation in early 2008.  He also gave her his cellphone number, resulting in a series of personal calls over the next eight months.

Yasin met with the patient in the parking lot of a shopping center on several occasions and engaged in hugging and kissing and also met up with the patient when he was away in another city, where the two engaged in sexual intercourse. It was after this that Yasin began attempting to end the relationship, resulting in the patient having to be involuntarily admitted to a psychiatric hospital.

Source: Daniel Hurst, “Doctor feared breaking up with bipolar patient,” Brisbane Times, July 13, 2011.

Psychiatrist Rita Abislaiman fined $5,000 for numerous failures relative to patient care

On October 12, 2010, the State of Florida Dept. of Health Board of Medicine issued psychiatrist Rita Abislaiman a letter of concern and imposed upon her an administrative fine of $5,000.

This action was the result of charges that the Board filed against Abislaiman relative to her treatment of five patients. The general allegation was that Abislaiman failed to practice medicine “with that level of care, skill and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances” with regard to the outpatient treatment of five patients.

Specifically, Abislaiman failed to adequately assess her patients’ complaints and symptoms or failed to document making such assessments; failed to make appropriate referrals or failed to document such referrals in the record; failed to properly managed her patients’ medications or failed to document justification for her medical management choices; failed to adequately plan for her patients’ treatment or failed to document such in the record. Abislaiman failed to keep legible medical records that justified the course of treatment;  failed to keep sufficiently detailed and adequate progress notes on her patients’ progress and failed to enter comments on her patients’ overall condition from the physical, social, or other perspectives.

Abislaiman did not dispute the charges and forwent her opportunity to object or present a defense.

In addition to the fine, she must also reimburse the Board its costs for the investigation and prosecution of the case.

Further, Abislaiman was reprimanded March 21, 2011 by the Virginia Board of Medicine, based on the actions taken against her by the Florida Board.

Source: Final Order, Department of Health vs. Rita Abislaiman, M.D., License No. ME0072159, DOH Case No. 2005-54680, State of Florida Board of Medicine.

California medical board revokes license of Nebraska psychiatrist Reynaldo de Los Angeles

On July 1, 2011, the Medical Board of California revoked the license of psychiatrist Reynaldo de Los Angeles.

According to exhibits contained in the California Board’s order, in July 2010, de Los Angeles, who lives and practices in Kearney, Nebraska, was fined $5,000 by the Nebraska Medical Board for controlled substance violations, including: failing to keep a record of controlled substances which were received by him, administered by him and used by him; failing to maintain controlled substances purchased under his DEA permit at a controlled location; failing to conform to the ethics of the medical profession and committing unprofessional conduct by appropriating Provigil (a controlled substance) for his own use, without a proper prescription.

Source: Default Decision and Order in the Matter of the Accusation Against Reynaldo A. de Los Angeles, M.D., license no. A35904, Case No. 16-2010-209420, Before the Medical Board of California.

Psychiatrist Chiman Patel suspended over inappropriate contact with patient

On June 21, 2011, the Connecticut Department of Public Health issued a summary suspension order on psychiatrist Chiman Patel.

According to a statement of charges issue by the Board in May 2011, Patel “deviated from the standard of care in connection with his care and treatment of patient ‘N.C.’ in [that he] engaged in inappropriate physical contact with patient N.C. during a treatment session; and/or…made an inappropriate personal suggestion during a treatment session that he contact patient N.C. and they could ‘get together’; and/or [that Patel] told patient N.C. during a telephone call that he ‘loved’ her.”

Source: Summary Suspension Order and Statement of Charges in re: Chiman Patel, M.D., Petition No. 2011-296, State of Connecticut Department of Public Health.

Psychiatrist Michael Anthony, D.O., has license revoked in Massachusetts, suspended in Connecticut over sex with patient, more

On May 17, 2011, the Connecticut Medical Examining Board issued an Interim Consent Order, suspending the license of psychiatrist Michael Anthony, D.O. “until such time as this petition is resolved.”

According to the document, the action was taken after the Connecticut Department of Health “received information regarding [Anthony’s] revocation of his Massachusetts license to practice medicine.”  An April 20, 2011 press release from the Massachusetts Board of Registration in Medicine states that the Massachusetts Board revoked Anthony’s license because Anthony “practiced medicine while impaired, had an inappropriate sexual relationship with a patient and committed breaches of confidentiality.”  Further, it states that he entered into a voluntary agreement not to practice in 2008.

Source: “State Board of Medicine Takes Disciplinary Action,” press release of the Commonwealth of Massachusetts Board of Registration in Medicine, April 20, 2011 and Interim Consent Order in re: Michael Anthony, D.O., Petition No. 2011-482, State of Connecticut Department of Public Health.