May 9, 2015, MN BMP Board Meeting – Publishable Press Releases

May 9, 2015, Board Meeting – Publishable Press Releases

MINNEAPOLIS, MN (05/20/2015)(readMedia)-- Byron C. Holth, M.D. #24071

11269 Jefferson Highway

Champlin, MN 55316

Year of Birth: 1951

Date of Action: May 9, 2015

Nature of Misconduct: departure from or the failure to conform to the minimal standards of acceptable and prevailing medical practice; failure to maintain adequate medical records; inappropriate prescribing practices.

Action Taken: Dr. Holth's license is conditioned as follows:

1. He shall complete, within one year, the following pre-approved courses:

a. Chronic pain management,

b. Chemical dependency awareness,

c. Medical records management, and

d. Professional boundaries.

2. He shall maintain records that reflect the patient complaint, clinical findings, treatment plan, response to treatment, and prescriptions authorized, including refills. He shall also document querying the Prescription Monitoring Program prior to prescribing controlled substances for patients.

3. Six months following his successful completion of the pre-approved courses, he shall undergo an audit of his prescribing practices.

4. He shall practice in a pre-approved setting.

5. He shall develop, and submit for Committee approval, a narcotics agreement.

6. Upon successful completion of the terms of his Order, he may petition for an unconditional license.

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Melanie J. Johnson, M.D. 39087

1820 Ulysses Street NE

Minneapolis, MN 55418

Year of Birth: 1963

Date of Action: May 9, 2015

Nature of Misconduct: Violating an Order of the Board; inability to practice medicine due to illness; becoming addicted to a drug or intoxicant.

Action Taken: Dr. Johnson's license is suspended as follows:

• Her license is indefinitely suspended.

• During the suspension, she shall not practice as a physician in Minnesota.

• She may petition for reinstatement of her license upon submission of satisfactory evidence that she is fit and competent to resume practice with reasonable skill and safety to patients. Satisfactory evidence shall include:

o Written statements from all treating health professional that she is fit and competent to resume practice with reasonable skill and safety to patients.

o Documented evidence of a minimum of 24 months of uninterrupted sobriety immediately preceding her petition for reinstatement.

o For the eight quarters immediately preceding her petition for reinstatement, she shall submit to a pre-approved plan for random urine toxicology screenings.

• If requested by the Complaint Review Committee during the petition process, she shall complete and sign health records waivers and chemical dependency treatment records waivers to allow the Board to obtain her health care records.

• Upon petitioning for reinstatement, she shall appear before the Complaint Review Committee to discuss her petition.

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Blair A. Nelson, M.D. #43550

15040 78th Way NE

Otsego, MN 55330

Year of Birth: 1972

Date of Action: May 9, 2015

Nature of Misconduct: Violating an Order of the Board.

Action Taken: Dr. Nelson's license is surrendered as follows:

1. He shall voluntarily surrender his license to practice medicine and surgery in Minnesota.

2. Upon the surrender of his license to practice medicine, the Board agrees to close its files in this matter.

3. Should he seek re-licensure in Minnesota, the Board may reopen its investigation.

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Deborah M. Nowak, M.D. #48182

11407 Creekridge Drive

Eden Prairie, MN 55347

Year of Birth: 1971

Date of Action: May 9, 2015

Nature of Misconduct: Violating an Order of the Board.

Action Taken: The stay of suspension set forth in Dr. Nowak's Stipulation and Order dated January 10, 2015, is removed and her license is suspended.

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Garrick B. Olsen, M.D. #40779

1285 Nininger Road

Hastings, MN 55033

Year of Birth: 1969

Date of Action: May 9, 2015

Nature of Misconduct: Failure to conform to the minimum standard of care; failure to maintain adequate medical records, and inappropriate prescribing practices.

Action Taken: Dr. Olsen's license is conditioned as follows:

1. He is reprimanded.

2. He shall maintain records that reflect the patient complaint, clinical findings, treatment plan, response to treatment, and prescriptions authorized, including refills.

3. He shall develop, and submit for Committee approval, an action plan outlining how he will implement and document drug screens and checking the Prescription Monitoring Program for patients on narcotic contracts.

4. Six months following approval of his action plan, he shall undergo an audit of his prescribing practices.

5. He shall practice in a pre-approved setting.

6. This Order shall remain in effect for a minimum of one year.

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Jonathan G. Peterson, M.D. #33320

207 Hiawatha Drive East

P.O. Box 266

Wabasha, MN 55981

Year of Birth: 1950

Date of Action: May 14, 2015

Nature of Misconduct: Violating an Order of the Board.

Action Taken: Dr. Peterson's Stipulation and Order dated January 11, 2014, is rescinded. His license is suspended as follows:

1. His license is indefinitely suspended effective May 14, 2015.

2. During the suspension, he shall not practice as a physician in Minnesota.

3. He may petition for reinstatement of his license upon submission of satisfactory evidence that:

• He has successfully completed a pre-approved professional boundaries course.

• The Committee has approved of a paper, not to exceed five pages in length, written by Dr. Peterson after he has successfully the pre-approved professional boundaries course, reporting on what he learned from both the professional boundaries and medical records management courses, and how that knowledge can be implemented to improve his care of patients.

4. Upon petitioning for reinstatement, the Committee may request that he appear in person to discuss his petition.

5. The Board may grant his petition for reinstatement with our without conditions and/or limitations on his practice or may continue the suspension upon his failure to meet the burden of proof.

6. His violation of any part of this Order shall constitute grounds for further Board action under Minn. Stat. §147.091, subd. 1(f) (2014).

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Steven J. Schulz, M.D. #41721

Albert Lea Medical Center

404 Fountain Street

Albert Lea, MN 56007

Year of Birth: 1966

Date of Action: May 9, 2015

Nature of Misconduct: Unethical conduct; failure to confirm to the minimum standard of care; failure to maintain adequate medical records; inappropriate prescribing practices.

Action Taken: Dr. Schulz' license is conditioned and restricted as follows:

1. His license is suspended with the suspension stayed contingent upon his compliance with the remaining terms.

2. He is reprimanded.

3. He may not prescribe narcotics for treatment of chronic pain; he may petition for removal of this restriction upon completion of the courses required below.

4. He shall read the Model Policy for pain control, published by the Federation of State Medical Boards, and the book Responsible Opioid Prescribing: A Clinician's Guide, 2nd edition, by Scott M. Fishman, M.D.

5. He shall complete, within nine months, the following pre-approved courses:

a. Chronic pain management,

b. Chemical dependency awareness,

c. Medical records management, and

d. Professional boundaries.

6. He shall maintain records that reflect the patient complaint, clinical findings, diagnosis, treatment plan, response to treatment, and authorized prescriptions, including refills; must document having checked the Prescription Monitoring Program before authorizing prescriptions for controlled substances.

7. Six months after his successful completion of the pre-approved courses, he shall undergo an audit of his documentation and prescribing practices; additional audits thereafter as determined by the Committee.

8. He shall practice in a pre-approved setting.

9. He shall obtain a pre-approved supervising physician who shall submit quarterly reports to the Board.

10. He shall develop, and submit for Committee approval, a written protocol for the management and tracking of controlled substance prescriptions.

11. He shall develop, and submit for Committee approval, a narcotics agreement.

12. He shall pay a civil penalty of $2229.40.

13. The Order will remain in effect for a minimum of two years.