RELEASE: DCCA DISCIPLINARY ACTIONS (Through July 2019) OAH Posted on Aug 12, 2019 in News Releases

DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS

Office of Administrative Hearings

DAVID Y. IGE

GOVERNOR

CATHERINE P. AWAKUNI COLÓN

DIRECTOR

FOR IMMEDIATE RELEASE

August 12, 2019

DCCA DISCIPLINARY ACTIONS

(Through July 2019)

HONOLULU – The state Department of Commerce and Consumer Affairs (DCCA) and the state Boards and Commissions released a summary of disciplinary actions through the month of July 2019 taken on individuals and entities with professional and vocational licenses in Hawaii. These disciplinary actions include dispositions based upon either the results of contested case hearings or settlement agreements submitted by the parties. Respondents enter into settlement agreements as a compromise of claims and to conserve on the expenses of proceeding with an administrative hearing.

The DCCA and the Boards and Commissions are responsible for ensuring those with professional and vocational licenses are performing up to the standards prescribed by state law.

BOARD OF PHYSICAL THERAPY

Respondent: Garrett K. Okubo

Case Number: PTS 2017-18-L

Sanction: Voluntary revocation of license and comply with any and all sentencing terms and conditions imposed in USA v. Garrett Okubo , Cr. No. 17-00572 JMS

Effective Date: 7-2-19

Respondent was indicted, convicted and sentenced in USA v. Garrett Okubo , Cr. No. 17-00572 JMS, based on allegations that Respondent had participated in a fraudulent scheme where he had submitted claims for payment to, and had received payments from, various health care benefit plans for health care services that Respondent falsely represented having had performed, when the services had in fact been performed by unlicensed persons, in violation of HRS §§ 436B-19(7), (8), (12), (14) and (17), 461J-12(a)(8) and HAR § 16-110-50(5). (Board approved Settlement Agreement.)

BOARD OF NURSING

Respondent: Jill A. Johnson, R.N. (Hawaii)

Case Number: RNS 2018-29-L

Sanction: $1,000 fine

Effective Date: 7-11-19

RICO alleges that disciplinary actions were taken against Respondent by the Wyoming State Board of Nursing on April 9, 2009, the Texas Board of Nursing on March 23, 2010, the Idaho Board of Nursing on November 5, 2010, and the California Board of Registered Nursing on August 6, 2012, and that Respondent failed to report the disciplinary actions to the Board within thirty (30) days of the disciplinary actions becoming final. RICO further alleges that Respondent was disciplined by the Idaho Board of Nursing and failed to disclose the November 5, 2010 revocation of her nursing license on her April 8, 2011 and April 15, 2013 renewal applications for licensure submitted to the Board. RICO further alleges that Respondent was disciplined by the California Board of Registered Nursing and failed to disclose the August 6, 2012 revocation of her nursing license on her April 15, 2013 renewal application for licensure submitted to the Board. All in possible violation of HRS §§ 457-12(a)(8), 457-12(a)(10) and 457-12(a)(11). (Board approved Settlement Agreement.)

Respondent: Arlene G.J. Manuel

Case Number: RNS 2017-36-L

Sanction: Probation 6 months, $750 fine and complete continuing education courses

Effective Date: 7-11-19

RICO alleges that on or about July 15, 2014 to August 15, 2014, in performance of two (2) monthly case management visits to a community care foster home, Respondent did not complete a professional nursing assessment and evaluation of care on a seventy-one (71) year old patient, including incorrectly assessing the patient’s level of mobility, and not assessing the patient’s nutrition and hydration status. RICO further alleges that Respondent did not formulate an adequate plan of care to address ongoing skin deterioration and breakdown. RICO further alleges that as a result of not completing an adequate assessment of the patient or a focused and specific plan of care, Respondent did not adequately address patient’s needs. RICO further alleges that Respondent inappropriately delegated her duties of assessment of patient’s ongoing skin condition and evaluation of care to the caregiver in violation of mandated delegation decision-making protocols. All in possible violation of HRS §§ 457-7.5 and 457-12(a)(6) and HAR §§ 16-89-59 and 16-89-60(6). (Board approved Settlement Agreement.)

Respondent: Marissa S. Layugan

Case Number: RNS 2017-37-L

Sanction: Complete continuing education courses

Effective Date: 7-11-19

RICO alleges that on or about June 1, 2014, in performance of a transfer assessment at a community care foster home, Respondent did not complete a professional nursing assessment and evaluation of care on a seventy-one (71) year old patient, including developing appropriate interventions to address potential future skin deterioration and breakdown; and that as a result of not developing a focused and specific plan of care beyond instructions to change patient’s position every two (2) hours, Respondent did not adequately address patient’s needs for preventing future skin breakdown, in possible violation of HRS § 457-12(a)(6) and HAR §§ 16-89-59 and 16-89-60(6). (Board approved Settlement Agreement.)

MEDICAL BOARD

Respondent: Wesley K.W. Young, M.D.

Case Number: MED 2012-5-L

Sanction: License suspension 3 months

Effective Date: 7-11-19

The Board found that Respondent violated HRS §§ 453-8(a)(6), (9), (12) and (15) and 436B-19(a)(8) and (17). (Board’s Final Order after contested case hearing.)

BOARD OF PHARMACY

Respondent: Advantage Pharmacy, LLC dba Advantage Medical Pharmacy

Case Number: PHA 2016-63-L

Sanction: Voluntary surrender of license

Effective Date: 7-18-19

RICO alleges that Respondent was disciplined by several states, made false statements on a document(s) submitted pursuant to HRS Chapter 461, violated federal controlled substance laws, and failed to report in writing disciplinary decisions issued in other jurisdictions within thirty (30) days as required by Hawaii law, in possible violation of HRS §§ 436B-19(13), 436B-19(15), 461-21(a)(5) and 461-21(a)(9). (Board approved Settlement Agreement.)

CONTRACTORS LICENSE BOARD

Respondents: Garret K.M. Sasaki and Dream Makers, Inc.

Case Numbers: CLB 2013-279-L, CLB-2013-348-L and CLB 2015-206-L

Sanction: $11,000 fine

Effective Date: 7-19-19

Respondents allegedly hired an unlicensed contractor(s) to perform flooring installation(s) but failed to properly supervise the unlicensed contractor(s), failed to register Respondents’ trade name, Carpet Isle Flooring America, with the Board, and Respondents’ contract(s) allegedly failed to include bond and lien rights, commencement date of the contract, the number of days for completion of the project, the names and license number(s) of the subcontractor and the percentage of work to be performed by the subcontractor, in possible violation of HRS §§ 444-9.3, 444-17(12), 444-17(17) and 444-25.5(b) and HAR §§ 16-77-8(a), 16-77-71(a)(5), 16-77-80(a), 16-77-80(a)(3) and 16-77-80(a)(5). (Board approved Settlement Agreement.)

BOARD OF PROFESSIONAL ENGINEERS, ARCHITECTS, SURVEYORS AND LANDSCAPE ARCHITECTS

Respondent: James F. Donahue

Case Number: ENG 2019-21-L

Sanction: Voluntary surrender of license

Effective Date: 7-18-19

RICO alleges that Respondent failed to complete the continuing education to renew his license as required by HRS § 464-9(d), in possible violation of HRS §§ 436B-13, 436B-19(1) and 464-9(d). (Board approved Settlement Agreement.)

Respondent: Donna M. Warrington

Case Number: ENG 2019-19-L

Sanction: Voluntary surrender of license

Effective Date: 7-18-19

RICO alleges that Respondent failed to complete the continuing education to renew her license as required by HRS § 464-9(d), in possible violation of HRS §§ 436B-13, 436B-19(1) and 464-9(d). (Board approved Settlement Agreement.)

REAL ESTATE COMMISSION

Respondent: Charles B. Beach (Maui)

Case Number: REC 2019-166-L

Sanction: $750 fine

Effective Date: 7-26-19

RICO alleges that on or about February 2017, Respondent was convicted of the crime of Operating a Vehicle Under the Influence of an Intoxicant. Despite the conviction, Respondent allegedly answered “No” to the question on his 2018 renewal application that asked: “In the past 2 years have you been convicted of a crime in which the conviction has not been annulled or expunged?”, in possible violation of HRS §§ 436B-19(2), 436B-19(5) and 467-20. (Commission approved Settlement Agreement.)

Respondent: Audrey J. Hutton

Case Number: REC 2019-153-L

Sanction: $500 fine

Effective Date: 7-26-19

RICO alleges that in December 2018, Respondent self-reported that she had been convicted of the offense of Operating a Vehicle Under the Influence of an Intoxicant, in possible violation of HRS § 436B-19(12). (Commission approved Settlement Agreement.)

Respondent: Jennifer R. Meyers (Hawaii)

Case Number: REC 2019-157-L

Sanction: $500 fine

Effective Date: 7-26-19

RICO alleges that in January 2019, Respondent self-reported that she had been convicted of the offense of Operating a Vehicle Under the Influence of an Intoxicant, in possible violation of HRS § 436B-19(12). (Commission approved Settlement Agreement.)

OCCUPATIONAL THERAPY LICENSING PROGRAM

Respondent: Gregory F. Caffiero

Case Number: OTP 2016-5-L

Sanction: Comply with probation in Case No. 2PC161000991, notify Program of any modifications of the terms of probation, complete AOTA courses and $500 fine

Effective Date: 7-24-19

RICO alleges that Respondent engaged in unprofessional and unethical conduct based on a criminal conviction for Terroristic Threatening 1 involving one of his patients, in possible violation of HRS §§ 436B-19(14) and 457G-7(a)(8). (Director approved Settlement Agreement.)

Copies of the decisions are available online at: http://cca.hawaii.gov/oah/oah_decisions/

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William Nhieu

Communications Officer

Department of Commerce and Consumer Affairs

Email: [email protected]

Office: (808) 586-7582