MN BMP Publishable Press Release following the March 14, 2020 Board Meeting

MINNEAPOLIS, MN (03/31/2020) (readMedia)-- Press Release of Publishable Actions between January 25, 2020 and March 30, 2020

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Ogechukwu Victor Adekweh, M.B., B.S. #63535

9522 Cherrywood Avenue North

Brooklyn Park, MN 55443

Year of Birth: 1985

Date of Action: March 14, 2020

Nature of Misconduct: Engaging in unethical or improper conduct.

Action Taken: Dr. Adekweh's license is indefinitely suspended.

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LaVonne Ann Berg, M.D. #53682

15254 Kampen Circle

Carmel, IN 46033

Year of Birth: 1959

Date of Action: March 14, 2020

Nature of Conduct: Revocation, suspension, restriction, limitation, or other disciplinary action against the person's medical license in another state or jurisdiction; inability to practice medicine with reasonable skill and safety to patients; and becoming addicted or habituated to a drug or intoxicant.

Action Taken: Dr. Berg's license is indefinitely suspended.

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Kevin John Bjork, M.D. #30064

1500 Curve Crest Blvd.

Stillwater, MN 55082

Year of Birth: 1957

Effective Date: March 14, 2020

Nature of Misconduct: Becoming addicted or habituated to a drug or intoxicant; and violating the terms of his Health Professionals Services Program Participation Agreement.

Action Taken: Dr. Bjork's license is suspended, but the suspension is stayed contingent upon Dr. Bjork's compliance with the following terms and conditions:

• Shall participate in the Health Professionals Services Program (HPSP) and fully comply with all terms and conditions of his HPSP Participation Agreement. A violation of his HPSP Participation Agreement shall constitute a violation of this Order.

• Shall practice in a pre-approved setting with pre-approved work and on-call hours.

• May petition for reinstatement of an unconditional license no sooner than three years from September 23, 2018, the date of his reported sobriety. Upon petitioning, shall submit evidence satisfactory to the Board of a minimum of three years of documented, uninterrupted recovery. Upon hearing the petition, the Complaint Review Committee may recommend that the Board continue, modify, or remove the suspension or impose conditions and restrictions as deemed necessary.

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Lyn Palmer Chapman, M.D. #41482

Partners in Pediatrics

12720 Bass Lake Road

Maple Grove, MN 55369

Year of Birth: 1967

Date of Action: February 10, 2020

Nature of Conduct: Failure to satisfy a tax obligation.

Action Taken: Dr. Chapman's license is suspended.

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Lyn Palmer Chapman, M.D. #41482

Partners in Pediatrics

12720 Bass Lake Road

Maple Grove, MN 55369

Year of Birth: 1967

Date of Action: February 13, 2020

Action Taken: Reinstatement of an unconditional license.

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Dr. Axel Franz Kurt Grothey #48136

200 First Street SW

Rochester, MN 55905

Year of Birth: 1962

Date of Action: March 14, 2020

Nature of Misconduct: Engaging in unethical or improper conduct.

Action Taken: Dr. Grothey's license is reprimanded, and conditioned as follows:

• Within six months of the date of this Order, shall successfully complete the following pre-approved coursework:

o Professional boundaries; and

o Professional ethics.

• Shall pay a civil penalty of $10,316.90.

• Upon submission of satisfactory evidence demonstrating completion of the coursework and civil penalty terms and conditions of this Order, may petition for reinstatement of an unconditional license.

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Martin Charles Hinz, M.D. #31670

5918 N. Pike Lake Rd.

Duluth, MN 55811

Year of Birth: 1954

Date of Action: March 14, 2020

Nature of Misconduct: Engaging in advertising that is false or misleading; engaging in unethical or improper conduct; and fee splitting.

Action Taken: Dr. Hinz's license is reprimanded, and conditioned as follows:

• Within six months following the effective date of this Order, shall complete coursework, preapproved by the Committee, on medical ethics.

• Within six months following the effective date of this Order, shall pay a civil penalty of $7,187.80.

• May petition for reinstatement of an unconditional license upon satisfactory evidence of completion of the terms and conditions of the Order.

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David Stuart Kyllo, M.D. #25450

1742 Drake Drive

Eagan, MN 55122

Year of Birth: 1953

Date of Action: March 14, 2020

Nature of Misconduct: Engaging in any unethical or improper conduct, including but not limited to: conduct likely to harm the public; conduct that demonstrates a willful or careless disregard for the health, welfare, or safety of a patient; medical practice that is professionally incompetent; and conduct that may create unnecessary danger to any patient's life, health, or safety; engaging in conduct that departs from or fails to conform to the minimal standards of acceptable and prevailing medical practice; failure to maintain adequate medical records; and inappropriate prescribing of or failure to properly prescribe a drug.

Action Taken: Dr. Kyllo's license is reprimanded and conditioned as follows:

• Shall read the Federation of State Medical Boards' "Model Policy for the Use of Controlled Substances for the Treatment of Pain," the CDC "Guideline for Prescribing Opioids for Chronic Pain" (2016) and the U.S. Department of Health and Human Services' "Safe Opioid Prescribing" (August 2019).

• Shall successfully complete, within nine months of the date of this Order, the following coursework approved in advance by the Complaint Review Committee:

o Medical records management;

o Prescribing controlled substances; and

o Antibiotic stewardship.

• Within three months following the completion of the above-referenced coursework and readings, shall write and submit a paper, for review and approval by the Committee, discussing what he has learned and how he will incorporate what he has learned into his practice.

• Shall undergo a practice audit three months following completion of the above-referenced coursework.

• Shall maintain patient records that reflect the patient complaint, examination, diagnosis, treatment plan, response to therapy, and medications prescribed, including refills.

• Shall maintain a daily log of all controlled substance prescriptions.

• Shall develop and implement a written protocol for the management and tracking of controlled substance prescriptions, which shall be submitted to the Committee for review and approval within three months of the date of the Order.

• Shall develop and implement a written pain management agreement, which shall be submitted to the Committee for review and approval within three months of the date of the Order.

• Shall document a check of the Prescription Monitoring Program prior to authorizing any prescriptions for controlled substances.

• No sooner than two years from the date of this Order, may petition for reinstatement of an unconditional license upon submission of satisfactory evidence of completion of the terms of this Order.

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Jeffrey John Kotulski, D.O. #37416

Between the Bridges Healing Center, LLC

45 Teton Lane

Mankato, MN 56001

Year of Birth: 1961

Date of Action: March 14, 2020

Nature of Misconduct: Engaging in unethical or improper conduct; failure to conform to the minimal standards of acceptable and prevailing medical practice; and improper management of medical records.

Action Taken: Dr. Kotulski's license is suspended, but the suspension is stayed contingent upon Dr. Kotulski's compliance with the following terms, restrictions and conditions:

• Reprimanded.

• Shall not treat any patient under the age of 18.

• Shall read Pediatric Blastic Plasmacytoid Dendritic Cell Neoplasm: A Systemic Literature Review, Journal of Pediatric Hematology and Oncology, October 2017.

• Shall complete pre-approved coursework addressing:

o Medical records management;

o Informed consent;

o Ethics; and

o Pediatrics for the family practice physician.

• Following completion of the above-referenced reading and coursework, shall write and submit a paper, for review and approval by the Committee, discussing what he has learned, with an emphasis on ethical considerations in treating pediatric patients, including the obligations of a mandated reporter, and how he will incorporate what he has learned into his practice.

• Following completion of the above-referenced reading and coursework, may submit a written petition for the modification of the pediatric patient restriction of this Stipulation and Order. He will be required to appear and to discuss his practice with the Committee. Upon reviewing the petition, the Committee, at its discretion and by its own order, may remove the restriction on treating patients under the age of 18.

• Six months following completion of the above-referenced reading and coursework, shall submit to a random practice audit of his patient charts to be conducted by a representative of the Board as directed by the Committee. After reviewing the results of the practice audit, the Committee may recommend further audits as deemed appropriate.

• Shall pay a civil penalty of $4,632.50.

• May petition for reinstatement of his license no sooner than two years from the date of this Order and upon submission of satisfactory evidence of completion of the terms and conditions of this Order. Upon petitioning for reinstatement, may be required to appear before the Committee to discuss his petition and practice plans. Upon hearing the petition, the Complaint Review Committee may recommend that the Board continue, modify, or remove the conditions and restrictions as deemed necessary.

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Kristin Marie Lyerly, M.D. #62905

3500 Meadow Sound Drive

De Pere, WI 54115

Year of Birth: 1969

Date of Action: March 14, 2020

Nature of Misconduct: Engaging in conduct that departs from or fails to conform to the minimal standards of acceptable and prevailing medical practice.

Action Taken: Dr. Lyerly's license is reprimanded.

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Garrett Keith Peel, M.D. #50555

71 Crain Square Blvd.

Houston, TX 77025

Year of Birth: 1976

Date of Action: March 14, 2020

Nature of Conduct: Revocation, suspension, restriction, limitation, or other disciplinary action against the person's medical license in another state or jurisdiction.

Action Taken: Dr. Peel's license is reprimanded.

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Fei Xiao, L.Ac. #1167

2978 Rice Street

Little Canada, MN 55113

Year of Birth: 1964

Date of Action: March 14, 2020

Nature of Conduct: Engaged in unethical or improper conduct; engaged in conduct that departs from or fails to conform to the minimal standards of acceptable and prevailing practice; and engaged in conduct with a patient which is sexual or may reasonably be interpreted by the patient as sexual.

Action Taken: Mr. Xiao's license is reprimanded, and conditioned as follows:

• Within six months of the date of this Order, shall successfully complete pre-approved coursework in professional boundaries.

• Shall not engage in conduct with a patient which is sexual or may be reasonably interpreted by the patient as sexual.

• Shall have a female staff member present during all care provided to female patients. Shall document the name of the staff member in the medical records. The Committee, or its designee, may conduct a chart audit to ensure compliance with this condition, at any time while this Order remains in effect.

• Shall pay a civil penalty of $7,685.80.

• This Order shall remain in effect for a minimum of three years. At the end of this period, may petition for reinstatement of an unconditional license. Upon hearing the petition, the Board may continue, modify, or remove the conditions set out herein.

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To research a regulated professional's qualifications, visit the Board's Professional Profile at www.bmp.state.mn.us