Minnesota Board of Medical Practice Announces Actions Taken on May 14, 2011

MINNEAPOLIS, MN (05/18/2011)(readMedia)-- Joseph Baumstarck, M.D. #35249

9504 Loft Lane

Louisville, KY 40291

Date of Birth: November 22, 1958

Date of Action: May 14, 2011

Nature of Misconduct: Disciplinary action in another state; unprofessional conduct.

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

1. He is reprimanded.

2. He shall practice medicine only under the auspices of a pre-approved residency program accredited by either the Accreditation Council for Graduate Medical Education or the American Osteopathic Association.

3. He shall arrange for his residency supervisor(s) to make quarterly reports to the Board regarding his overall performance and progress in the residency training program.

4. He shall meet quarterly with a designated Board member.

5. He may petition for reinstatement of a conditional license upon satisfactory completion of his residency program.

Joseph Berdecia-Rodriguez, M.D. #54017

80 Circle Drive, #1

North Liberty, IA 52317

Date of Birth: September 23, 1958

Date of Action: May 14, 2011

Nature of Misconduct: Disciplinary action in another state.

Action Taken: Dr. Berdecia-Rodriguez is granted a Minnesota license subject to the following conditions:

1. He shall comply with all terms and conditions imposed upon his Iowa license. The terms of the Iowa Order are incorporated by reference.

2. He may petition for reinstatement of an unconditional license in Minnesota after submitting evidence that he has satisfied the terms of his Iowa Order.

Sheftel J. Cohen, M.D. #32341

7240 Brooklyn Boulevard, #210

Brooklyn Park, MN 55429

Date of Birth: March 25, 1938

Date of Action: May 14, 2011

Nature of Misconduct: Unprofessional and unethical conduct; improper management of medical records; prescribing a drug for other than medically accepted purposes.

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

1. He shall voluntarily surrender his Minnesota medical license.

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

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

James R. Eelkema, M.D., #26056

Timewise Medical LTD

14050 Nicollet Avenue South, Suite 112

Burnsville, MN 55337

Date of Birth: February 7, 1953

Date of Action: May 14, 2011

Nature of Misconduct: Unprofessional and unethical conduct; engaging in conduct with a patient which is sexual or may reasonably be interpreted by the patient as sexual.

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

1. He is reprimanded.

2. Within six months, he shall successfully complete a pre-approved professional boundaries course.

3. He shall not engage in conduct which is sexual or may reasonably be interpreted by the patient as sexual.

4. He shall not provide treatment for or meet with patients outside of a hospital or clinical setting.

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

6. He shall meet quarterly with a designated Board member.

7. He shall pay a $5,577.80 civil penalty.

8. This order shall remain in effect for a minimum of one year after which he may petition for reinstatement of an unconditional license.

David L. Gilbertson, D.O. #18265

2234 Como Avenue

St. Paul, MN 55108

Date of Birth: January 25, 1940

Date of Action: May 14, 2011

Nature of Misconduct: Unprofessional conduct; improper management of medical records.

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

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

a. Assessment and treatment of patients presenting with prostate problems and the role of prostate-specific antigen screening.

b. Medical records management.

2. Upon successful completion of the courses and within one year, he shall write and submit a paper, for review and approval by the Complaint Review Committee, discussing what he has learned and how he has implemented the knowledge into his practice.

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

4. He shall meet quarterly with a designated Board member.

5. This Order shall remain in effect for a minimum of two years after which he may petition for reinstatement of an unconditional license.

Todd A. Leonard, M.D. #39822

MEND Correctional Care, LLC

13355 George Weber Drive, Suite L

Rogers, MN 55374

Date of Birth: July 30, 1968

Date of Action: May 14, 2011

Nature of Misconduct: Unprofessional and unethical conduct; improper management of medical records; prescribing a drug for other than medically accepted purposes.

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

1. He is reprimanded.

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

a. Medical records management;

b. Chronic pain management;

c. Professional boundaries.

3. Upon completion of the courses, he shall submit to an audit of his patient charts.

4. Within seven days of any change or addition to his practice setting, he shall report the change to the Committee.

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

6. He shall meet quarterly with a designated Board member.

7. He shall pay a civil penalty of $11,743.30.

8. This Order shall remain in effect for a minimum of two years after which he may petition for reinstatement of an unconditional license.

Dr. Roberto R. Pagarigan #33378

6593 Riverwood Road

Baxter, MN 56425

Date of Birth: February 2, 1932

Date of Action: May 14, 2011

Nature of Misconduct: Unprofessional and unethical conduct; improper management of medical records; prescribing a drug for other than medically accepted purposes.

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

1. He is reprimanded.

2. He is prohibited from prescribing to patients under the age of 18-years-old.

3. He shall successfully complete, within six months, the following pre-approved courses:

a. Medical records management;

b. Prescribing psychiatric medications, including neuroleptics and anti-psychotics.

c. Differential diagnoses for psychiatric patients.

4. He shall meet quarterly with a designated Board member.

5. He shall pay a $2,387 civil penalty.

6. This Order shall remain in effect for a minimum of two years after which he may petition for reinstatement of an unconditional license.

Joshua W. Payer, M.D. #50317

5516 South Sandra Drive

Sioux Falls, SD 57108

Date of Birth: October 16, 1974

Date of Action: May 14, 2011

Nature of Misconduct: Conviction of a felony reasonably related to the practice of medicine; disciplinary action in another state; violating a federal law which relates to the practice of medicine; unprofessional and unethical conduct; prescribing a drug for other than medically accepted purposes.

Action Taken: Dr. Payer's license is revoked as follows:

1. His license to practice medicine and surgery in Minnesota is revoked.

2. Should he seek-re-licensure in Minnesota, the Board may re-open its investigation.

John L. Sander, M.D. #13906

Fairview Red Wing Medical Center

701 Fairview Boulevard, Box 95

Red Wing, MN 55066

Date of Birth: August 8, 1931

Date of Action: May 14, 2011

Nature of Misconduct: Unprofessional and unethical conduct.

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

1. He is reprimanded.

2. He shall practice in a pre-approved group setting.

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

4. He shall meet quarterly with a designated Board member.

5. This Order shall remain in effect for a minimum of two years after which he may petition for reinstatement of an unconditional license.

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