ARIZONA MEDICAL BOARD FISCAL YEAR 2008-2009 ANNUAL REPORT 9545 East Doubletree Ranch Road Scottsdale, Arizona 85258 (480) 551-2700 or toll-free (877) 255-2212 www.azmd.gov TABLE OF CONTENTS Letter to the Governor, Jan Brewer…………………………………………..……….. Page 2 . ARIZONA MEDICAL BOARD Board Membership ………………………………………………………………………….. Pages 3-6 Board Accomplishments…….……………………………………………………………… Page 7 Licensing ……………………………………………………………………………...……… Page 8 Regulation ………….………………………………………………………………………… Pages 9-10 Page 1 LETTER TO THE GOVERNOR JAN BREWER Governor Jan Brewer Members of the Arizona Medical Board Douglas D. Lee, M.D. Chair/Physician Member Paul M. Petelin, Sr., M.D., F.A.C.S. Vice-Chair/Physician Member Amy J. Schneider, M.D., F.A.C.O.G. Secretary/Physician Member Patricia R. J. Griffen Executive Committee Member At Large Public Member Andrea Ibañez Public Member Ram R. Krishna, M.D. Physician Member Todd A. Lefkowitz, M.D. Physician Member Lorraine L. Mackstaller, M.D. Physician Member William R. Martin, III, M.D. Physician Member Dona Pardo, Ph.D., R.N. Public Member/R.N. Germaine Proulx Public Member Executive Staff Lisa Wynn Executive Director Amanda J. Diehl, M.P.A., C.P.M. Deputy Executive Director Roger Downey Media Relations Officer D ear Governor Brewer: On behalf of the Arizona Medical Board, I submit to you our 2009 Annual Report. This has been a challenging year for the Board, but I’m proud to tell you that our Board Members and Staff have helped the agency trim costs and expenditures while still providing the same level of protection and service to the community. The agency’s internal operations have been “paperless” for seven years, and this year the Board took a major step in making it more so by enhancing our on-line license renewal processes. Our licensees, by and large, have welcomed this innovation. At the same time, the Board has moved to make our database and Web site more secure from the possibility of outside threats. Our dedicated IT team continues to look for ways to improve internal security. Working with the Attorney General’s Office, we have eliminated a backlog of cases at the Office of Administrative Hearings, reducing the Board’s legal expenses. Staff renewed their efforts to recruit physicians willing to serve as medical consultants on complaints filed with the Board, and the response has been phenomenal. These physician volunteers provide valuable insight and ensure fair case adjudication. Despite the economic situation and the uncertainty of health care, new physicians continue to apply for Arizona medical licenses. The successful class of applicants during FY 2008-2009 helped the total number of doctors with active licenses climb above 20,000. Even with all the distractions, the Board remains focused on its primary goal: protection of public health and safety. Sincerely, Lisa Wynn Executive Director Page 2 ARIZONA MEDICAL BOARD MEMBERSHIP Douglas D. Lee, M.D., the Board’s Chair, is a Board-certified Anesthesiologist practicing in Flagstaff, Arizona. He graduated from the University of Arizona School of Medicine, completed an internship at the National Naval Medical Center in Bethesda, Maryland and a residency at the Naval Regional Medical Center in San Diego, California. From 1980 to 1981, Dr. Lee was a United States Marine General Medical Officer in Okinawa, Japan, and he was also a reservist called to serve in the Desert Shield/Desert Storm 1st Marine Division from 1990 to 1991. In addition to his professional experience, Dr. Lee is a member of the Arizona Society of Anesthesiologists and a member of the American Board of Anesthesiologists. He previously served as the Chairman of Anesthesia for the Flagstaff Medical Center (FMC), President of the FMC Medical Staff, and President of the Arizona Society of Anesthesiologists. He currently serves as a Staff Anesthesiologist at FMC and Managing Partner of Forest County Anesthesia, PC. He is also a Board Member of the FMC Ambulatory Surgery Center and a member of the FMC Credentials Committee. Paul M. Petelin, Sr., M.D., the Board’s Vice-Chair, is a Board-certified Surgeon in private practice in Phoenix. He received his medical degree from Creighton University School of Medicine in Omaha, Nebraska, and has a Bachelor’s Degree in Chemistry from Gonzaga University in Spokane, Washington. Dr. Petelin completed his internship and residency at St. Joseph’s Hospital and Maricopa Medical Center in Phoenix. From 1984 to 1988 and again from 2000 to 2004, Dr. Petelin was Chief of Surgery at St. Joseph’s Hospital. He is in his second term as governor of the State of Arizona American College of Surgeons. He is a member of the Board of Directors of the Phoenix Surgical Society, and is a past president of that organization. He also serves on the Board of Directors of the Arizona Medical Association. Amy J. Schneider, M.D., FACOG, is a Board-certified Obstetrician-Gynecologist in Tucson where she is the Medical Director and Partner in Grace Maternity & Women’s Health. She has held an Arizona medical license since 2001. Dr. Schneider received her medical degree from Tulane University School of Medicine in New Orleans in 1997. She did her internship and residency at the Department of Obstetrics and Gynecology at the University of Arizona Health Sciences Center in Tucson. She earned her Bachelor of Science Degree from the University of Oregon. Dr. Schneider is a member of the Physicians Leadership Group at Northwest Hospital in Tucson and a member of the Tucson Society of Women Physicians. Page 3 ARIZONA MEDICAL BOARD MEMBERSHIP Patricia R. J. Griffen, a public member, is the first Board Member elected to the newly created position of “Executive Committee Member at Large.” She is the founding Executive Director of Against Abuse, Inc., established in October 1981 to provide domestic violence and child abuse shelter services to the citizens of Pinal County. In 2008, she received the Sunshine Peace Award, a national honor recognizing her work against domestic violence. She has a Bachelor of Science Degree in Social Administration. Ms. Griffen has more than 35 years experience in the field of private, non-profit management and is a founding member of Arizona Coalition Against Domestic Violence and formerly serving as a member of the organization’s Board of Directors. Ms. Griffen is the secretary of the Pinal County Victim Compensation Program, the Chair of the City of Casa Grande Personnel Advisory Board, and the Chair of the Desert Pavilion Advisory Board. Andrea Ibañez, a public member, is the Deputy Director of the Department of Neighborhood Resources for the City of Tucson and supervises the daily work of the Neighborhoods and Administration Division. Before taking that post, Ms. Ibañez served as a Project Manager in the Tucson City Manager’s Office. She has also worked as an Interim Tucson Court Commissioner and as a Youth and Family Coordinator for the City. Ms. Ibañez is a member of the University of Arizona Hispanic Alumni Association, the Pima County Children’s Action Alliance Advisory Board, the Hispanic Professional Action Committee, and the Arizona City County Managers Association. Ms. Ibañez has a masters degree from Syracuse University and a Certificate in Public Policy and Management from the Eller College of Management at the University of Arizona. Ram R. Krishna, M.D., is an Orthopedic Surgeon in private practice in Yuma. He is a newly elected member of the Board of Directors of the Federation of State Medical Boards, the first Arizonan named to that national panel. He also serves as a federation representative on the Board of Directors for the Educational Commission for Foreign Medical Graduates. In Arizona, Dr. Krishna has served as chief of surgery and as chair of the Board of Trustees at Yuma Regional Medical Center and as president of the Yuma County Medical Society. Currently, he is a member of the Arizona Orthopedic Society and the Arizona Medical Association. Dr. Krishna was awarded the Arizona Medical Association’s Distinguished Service Award in 2000 for his exceptional work in the community. He obtained his medical degree from Bangalore University Medical College in Bangalore, India. He did his internship, a one-year residency in general surgery and a four-year residency in orthopedics at the University of Massachusetts Medical Center. Page 4 ARIZONA MEDICAL BOARD MEMBERSHIP Todd A. Lefkowitz, M.D., is a Boardcertified Ophthalmologist and the Medical and Surgical Director of the Sonoran Desert Vision Center in Phoenix. He has had an Arizona medical license since 1983 when he became Chief of Ophthalmology at Luke Air Force Base. Medicine/Family Practice Advisory Board, the Hilton Head Health Institute, and the Arizona Commission on Women’s Health. Dr. Lefkowitz is a Fellow of the American Academy of Ophthalmology and a member of the Arizona Medical Association and the Arizona Ophthalmological Society, as well as both the American and European Societies of Cataract and Refractive Surgeons. Prior to his appointment to a fiveyear term on the Medical Board, he reviewed cases as one of the Board’s Outside Medical Consultants. William R. Martin, III, M.D., is a Dr. Lefkowitz is a former Executive Committee member of Physicians for the Phoenix Symphony. He has written two books and in 1991 was a three-time “Jeopardy” champion on the long-running TV quiz show. Lorraine Mackstaller, M.D., is Board certified in Internal Medicine and is an internist in the section of cardiology.. She began her medical career as a Registered Nurse at St. Joseph’s Hospital in Phoenix, and then thirty years later earned her M.D. at the University of Arizona in Tucson. She performed her residency in internal medicine at the University of Arizona and is currently on staff at the Sarver Heart Center in Tucson. Dr. Mackstaller has taught classes at the University of Arizona College of Medicine, lectured on women’s health and heart issues, and authored numerous medical journal articles. In 2003, Dr. Mackstaller received the Patients’ Choice Award from the University Medical Center in Tucson. Board-certified, fellowship trained Orthopedic Surgeon at Copper State Orthopedics, Ltd., Phoenix, Arizona. In addition to his busy private practice, he helps to provide Orthopedic services for Children’s Rehabilitative Services (CRS), and for the poor and the medically indigent populations both in the inner city and on Native American Indian Reservations. Dr. Martin is also the medical director of Urgent Care+, LLC, Phoenix, Arizona. Dr. Martin is a member of the American Academy of Orthopaedic Surgeons (AAOS) and has a dual appointment on the Academy’s Diversity Advisory Board and on the Council on Advocacy. Dr. Martin is a lifetime member of the National Association for the Advancement of Colored People. He is a member of the American Medical Association, the Arizona Medical Association, and the Arizona Orthopaedic Association. Dr. Martin received his medical degree from Loyola University of Chicago in Maywood, Illinois. Dr. Mackstaller has served on the Board of the American Heart Association, the Sarver Heart Center Advisory Board, the University Heart Center Board, the National Scientific Internal Page 5 ARIZONA MEDICAL BOARD MEMBERSHIP Dona Pardo, R.N., Ph.D., is a public member and a registered nurse. Dr. Pardo has over 30 years experience in nursing education and has taught in diploma, associate degree, baccalaureate degree and continuing education programs. She retired from the University of Arizona after 21 years of service during which she taught baccalaureate nursing students, headed the Continuing Education program in the College of Nursing, and just prior to retirement was the Administrator, Continuing Education for the Arizona Health Sciences Center. In that post, she was responsible for Continuing Education for physicians and nurses. Dr. Pardo is 2nd Vice-President of the Board of Directors for Compass Healthcare, and founding Foundation Director and current Treasurer for Tucson Nurses Week Foundation. She has been a member of the Parish Council at St. John Vianney Catholic Church where she is on the Finance Committee. She has also served on the Joint Legislative Committee on Hunger. Mrs. Proulx is a graduate of Scottsdale High School and attended Northern Arizona University in Flagstaff. Robert P. Goldfarb, M.D., F.A.C.S., departed from the Arizona Medical Board in April, 2009 after serving as a member for seven years. During his tenure on the Board, he was elected Chairman in 2006. He is the Chairman of the Carondelet Neurological Institute at St. Joseph’s Hospital in Tucson. Dr. Pardo earned her master’s degree in nursing from the University of Texas Health Sciences Center at San Antonio and holds a doctorate in higher education from the University of Arizona. Germaine Proulx, a public member, is a certified Pharmacy Technician who lives in Sedona with her family. She has been very involved in her community since she and her husband moved there in 1977. Mrs. Proulx has served on the Board of Directors for the Sedona Adult Community Center and helped establish the Meals on Wheels program. She has served as President of the West Sedona PTA and as a Girl Scout leader. Page 6 BOARD ACCOMPLISHMENTS The Arizona Medical Board became an even more responsive, secure and productive agency in a challenging financial climate. The Board adopted a number of suggestions from Board Members and Staff that produced significant cost savings during the fiscal year. Diligent work by Staff enabled the Board to begin scheduling one-day meetings, rather than the usual two-day sessions, offering additional savings in expenditures. The Attorney General’s Office assisted in reaching Consent Agreements with physicians in cases that were destined for Formal Hearings at the Office of Administrative Hearings, reducing the Board’s legal expenses. The Board now offers on its Web site, at no charge, an alphabetical directory of active licensees that contains a physician’s practice address, phone number and specialty or area of interest. The Web site continues to be one of the more popular and user-friendly consumer portals for information about physicians. For years it has offered citizens the option of filing a complaint online. The Board now affords doctors the ability to renew their licenses online, while still respecting that fact that some physicians prefer to use the traditional paper form. Additionally, the Web site has been an important conduit of information regarding the H1N1 virus, commonly known as Swine Flu. Staff has provided physicians and the public with the latest information from the Centers for Disease Control and the Arizona Department of Health Services. Aware that there are those who don’t respect barriers protecting Web sites and confidential information, the Board’s IT staff has put in place new equipment and procedures and continues to look for ways to improve internal security. Members of the public and licensees often seek information from the Board via email. During the fiscal year, the average response time to nearly 2,000 queries was less than half a day. An important aspect of any complaint investigation is the opinion from a medical consultant who reviews the case. Besides the handful of physicians who work directly for the Board, the agency relies on hundreds of other physicians in the community in a variety of specialties. To attract new specialists, Board Staff initiated a campaign to find additional consultants by reaching out to various specialty medical societies, by placing recruiting announcements in initial license and renewal packets, and by directly contacting physicians who have been recommended to serve. As a result, the Board now has a list of more than 1,200 consultants in specialties ranging from family practice and internal medicine to endocrinology and vascular surgery. Their involvement provides valuable insight into physician practices and has ensured a fair and complete adjudication process. Page 7 LICENSING The Arizona Medical Board now has more than 20,300 physicians licensed to practice medicine; approximately 12,240 have Arizona practice addresses. Another 1,100 physicians have Arizona mailing addresses, but no practice addresses. The Board issued more new licenses during FY 2009 than in the previous year. The total number of initial licenses issued was 11% higher than FY 2008. National studies indicate the average age of the physician workforce continues to rise, but the Board has not seen any significant increase in license expirations. And the number of PostGraduate Training Permits issued by the Licensing Division remained steady, indicating a continued interest in Arizona residency and fellowship programs. The Board awarded 55 more miscellaneous medical licenses during FY2009, representing a 77% increase, and issued 10% more Dispensing Certificates than a year earlier. The Board conducts primary source verifications on educational and training programs in initial license applications and performs national queries to determine if a physician has any professional conduct issues in other states. Board Staff help physicians with the verification process to reduce the overall timeframe for licensure. Not funded by tax dollars, the Board relies on the $500 biennial licensure fees to pay for its licensing, investigative and administrative functions. Licenses Issued FY 08 FY09 Licenses Issued 1,328 1,481 Post Graduate Training Permits Issued 1,260 1,254 Miscellaneous Licenses Issued 71 126 Dispensing Certificates Issued 512 564 2 2 95% 95% Average Number of Days to Issue a License (Date of receipt of fully completed application to final approval) Customer Satisfaction Rating Page 8 REGULATION The Arizona Medical Board regulates the allopathic medical profession, those physicians who are MDs. The complaint process is structured to ensure a fair and impartial investigation to resolve cases in a timely fashion. When an investigation substantiates a violation of the Medical Practice Act, the Arizona Medical Board uses its authority to discipline a licensee. Disciplinary actions taken against a licensee are public. Since the effect these actions can have on a physician are long-lasting, the Board takes all complaints against physicians seriously. Its decisions to issue disciplinary orders in quality of care cases are based on a review of the community standard of care. In the end, the Board is bound by its charge to protect Arizona citizens from the unlawful and incompetent practice of medicine. The actions the Board takes are reflective of that mission. Overall, the Board took disciplinary action in 128 cases (see chart below) during FY 09. Additionally, the Board issued non-disciplinary Advisory Letters in 229 cases. FY 09 Board Disciplinary Actions 80 67 70 60 50 40 30 27 22 20 10 6 4 2 0 Loss of License Practice Restriction Decree of Censure Letter of Reprimand Probation License Denial Page 9 REGULATION The Arizona Medical Board’s regulatory activity most often begins when a complaint is received and an investigation is opened. The Board opens an investigation only when a complaint meets two criteria: it involves an allopathic physician and the allegation—if true— would be a violation of the Medical Practice Act. ing the average was that the agency had three vacant investigator positions due to the budget hiring freeze. However, the FY2009 average was still below the benchmark of 180 days. The average caseload of open investigations on a daily basis was about 330 cases during FY 2009, down from the previous year. PHP Monitoring Investigations Remaining Open at Fiscal Year End Year Number 2008 489 2009 299 Board Staff kept pace with the caseload while improving the quality of the investigation. This led to a larger number of Consent Agreements with physicians in lieu of a formal interview before the Board. Conversion of the data to the Board’s new database system is believed to be one reason for the increase in the average number of days to complete an investigation. Another factor affect- Type Cases Monitored MAP 95 Other PHP 26 Licensees in the Board’s Physician Health Program (PHP) may be in either the Monitored Aftercare Program (MAP) for substance abuse rehabilitation or monitored separately for medical, psychiatric, psychological or behavioral health issues. PHP coordinators ensure that physicians comply with the program’s requirements and are safe to practice medicine. Findings of noncompliance are immediately brought to the agency’s attention. Average Days to Complete an Investigation Year Days 2008 115 2009 154 Page 10