Narayan S. Madisetti, M.D., P.A. East 1-10 Medical Clinic, L.L.C East 1-10, Suite 175 Houston, Texas 77029

Transcription

1 C rving Pinder Jr Executive Director Maryland Board of Physicians 4201 Patterson Avenue Baltimore Maryland Narayan S Madisetti MD P A East 1-10 Medical Clinic LLC East 1-10 Suite 175 Houston Texas May RE: Surrender of License to Practice Medicine License Number: MBP Case Number: Dear Mr Pinder and Members of the Board: Please be advised that have decided to surrender my license to practice medicine in the State of Maryland License Number (DOB 10/08/31) understand that upon surrender of my icense1 continue to be unable to give medical advice or treatment to any individual with or without supervision and/or compensation and cannot prescribe medications or otherwise engage in the practice of medicine as it is defined in the Maryland Medical Practice Act (the "Act") Md Health Occ Code Ann (2000 Repl vol) n other words as of the date of this executed Letter of Surrender understand that the surrender of my license means that am in the same position as an unlicensed individual This Letter of Surrender shall become effective immediately upon the date of acceptance by the Maryland Board of Physicians (the "Board") understand that this Letter of Surrender is a PUBLC document and on the Boards acceptance becomes a Final Order of the Board My decision to surrender my license to practice medicine in Maryland has been prompted by an investigation and charges by the Maryland Board of Physicians (the "Board") that was disciplined by the Texas Board of Medical Examiners in an Agreed Order for inadequate documentation regarding chronic pain patients [See June Agreed Order incorporated in its entirety as Attachment 1] My decision to surrender my license to practice medicine has also been prompted by my decision to retire from the practice of medicine have decided to surrender my license to practice medicine in Maryland to avoid further prosecution of the aforementioned charges The basis for the 1 failed to renew my Maryland license allowing it to lapse effective September

2 Narayan S Madisetti MDs Letter of Surrender May Page 2 charges against me include the findings of the investigation described above and by virtue of this Letter of Surrender waive any right to contest the underlying investigation or any findings the Board may make in connection with the underlying investigation understand that by executing this Letter of Surrender am waiving any right to contest these findings in a formal evidentiary hearing at which would have had the right to counsel to confront witnesses to give testimony to call witnesses on my own behalf and to all other substantive and procedural protections provided by law including the right to appeal understand that the Board will advise the Federation of State Medical Boards and the National Practitioners Data Bank of this Letter of Surrender and in response to any inquiry will advise that have surrendered my license in lieu of disciplinary action under the Act as resolution of the matters pending against me also understand that in the event that would apply for licensure in any form in any other state or jurisdiction that this Letter of Surrender and all underlying documents may be released or published by the Board to the same extent as a Final Order that would result from disciplinary action pursuant to Md State Govt Code Ann et seq recognize and agree that by submitting this Letter of Surrender my license will remain surrendered until such time as apply for reinstatement and comply with the terms and conditions set forth in this Letter and those determined by the case resolution conference and/or the Board subsequent to my application for reinstatement further recognize and agree that shall not petition the Board for reinstatement of my medical license unless and until have successfully completed all of the terms and conditions and the probationary period imposed by the Texas Board of Medical Examiners n the event that apply for reinstatement of my Maryland license to practice medicine or for the issuance of a new Maryland license understand that the Board may set terms and conditions that shall apply to my receiving a reinstated Maryland license or a new Maryland medical license also understand that if apply for reinstatement or for a new Maryland medical license that bear the burden of demonstrating to the Board that am competent to practice medicine and possess good moral character as specified in Md Health Occ Code Ann understand that if determine that if would like once again to practice in Maryland will approach the Board in the same posture

3 Narayan S Madisetti MDs Letter of Surrender May Page 3 as one whose license has been revoked understand that if petition the Board for reinstatement of my license the Board will review my case and determine my fitness to have my license reinstated understand that the Board will only consider my petition for reinstatement if have met the conditions outlined above understand that the Board can deny such application based solely on the allegations contained in the charges dated January hereby affirm that my license lapsed on September and have not had the ability to practice medicine in Maryland since that time acknowledge that on or before the Board accepts this Letter of Surrender shall present to the Board my Maryland License Number D22080 along with any renewal certificates and wallet-sized renewal cards acknowledge that may not rescind this Letter of Surrender in part or in its entirety for any reason whatsoever Finally wish to make clear that have been advised of my right to be represented by the attorney of my choice throughout proceedings before the Board including the right to counsel with an attorney prior to signing this Letter of Surrender have knowingly willfully and intelligently waived my right to be represented by an attorney before signing this letter surrendering my license to practice medicine in Maryland understand both the nature of the Boards actions and this Letter of Surrender fully acknowledge that understand and comprehend the language meaning terms and effect of this Letter of Surrender voluntarily choose to surrender my Maryland license to practice medicine pursuant to the terms and conditions set out herein have made this decision knowingly and voluntarily Sincerely (J <"~ 4 J fa ~ l~ fa Narayan s Madisetti MD

4 Narayan S Madisettis May Page 4 Letter of Surrender NOTARY SEAL STATE OF TEXAS CTY/COUNTY: HEREBY CERTFY that on this "" ~C) day Of\~ -0t1~ 2004 before me a Notary Public of the State and City/County afor said personally appeared Narayan S Madisetti MD and declared and affirmed under the penalties of perjury that signing the foregoing Letter of Surrender was his voluntary act and deed - X~t{_tV tl{a~jc ublic 1f"-~::;-;:""~"""-~""""> J /~~~~:~~~;::" no-rry L Badeaux ; (*Y<4~j:;\ Not~ry Public State of Texas ~ \ ~ ~: "ly CommiSSion Expires <>-;;;;;"~> U\~!l~t"pv ~ fi="";;:;::::~;: " ""/=""~ - ACCEPTANCE j On behalf of the Maryland Board of Physicians on thi~liday of fi/ accept Narayan S Madisetti MDs PUBLC surrender of - / his license to practice medicine in the State of Maryland e l~d C rving Pi sr Jr Executi Director Maryland Board of Physicians

5 " ~"_"(~ ~ THE MATTER OF THE COMPLANT AGANST ~~~~ARAYAbLSMADSETT~M~7"" F2335 "N!"">" BEFORE THE TEXAS BOARD OF 44~:l~~1;:MM~~~"""(""r""""""\"" " """ ~~~~" 1 AGREED ORDER ~ On this the tylf day of 2003 cameon to ~e heard berore the Texas State Board of Medical Examiners ( oard" or "the Texas Board") duly in session the matter of the license of Narayan 8 MadisettiMP ("Respondent") Qn January Respondent appeared in person with counsel Bhavani Madisetti at an nformal Settlement Conference/Show Compliance Proceeding in response to a letter of invitation from staff of the Board Scott M Freshour JD represented the Board The Board was represented at the nformal Settlement Conference/Show Compliance Proceeding by Lee S Anderson Mn and Nancy Seliger members of the Board Upon recommendation of the Boards representatives and with the consent of the Respondent the Board makes the following findings of fac~ and conclusions or law and enters this Order as set forth herein: Findin~s of Facf 1 The Respondent Narayan S Madisetti MD holds Texas medical license P233S 2 The Board bas jurisdiction over the subject matter and Respondent Respondent received all notice that may be required by law and by the rutes of the Board All jurisdictional requirements have been satisfied under the TEx Oce CODEANN Title 3 Subtitle B (Vernon 2002) (hereinafter "Act") By entering into this Agreed Order Respondent waives any default in this notice and waives any further right to notice and hearing under the Administrative Procedures Act Tex GoVT CODEANN ~054 (Vernon 2002) and the rules of the Board 3 Respondent is seventy (70) years old 4 Respondent has been licensed since Respondent was subject of an investigation due to allegations regarding inadequate medical records and non-therapeutic prescribmg to a chronic pain patients G:\Physician!!\MadisettJ\Agreed Order Page 1 of 7 ATTACHMENT 1 11m:

6 t 6 Respondent admitted that his record keeping was inadequate and he failed to properly ~"t-" t document patient hi$tory;the basis for a number of his diagnoses and the rationale for certain drug regimes 7 Respondent" submitted information showing con-ective measures that have been " " ~""\"~"i""fi\1f"!1""i1:""1~;t;~:r1v:"" implemented in resp0l1seto theallegations ": " n " """"(<;-1"-;"" "" """""1"(" " ;"" " \"" """~~~""""f"~"1\"!1"" ""1 8 Respond~nt has nev~r been subject of disciplinary action by the Board previously 9 Respondent has cooperated with Board staff in the investigation of the allegations related to this Agreed Order 10 Respondents cooperation through consent to this Agreed Order w~l1save money and resources for the State of Texas 11 Respondent has entered into this Agreed Order pursuant to the provisions of Section the Act Conclusions of Law: " Based on the above Findings of Fact the Board concludes the following: 1 Respondent is subject to disciplinary action pursuant to Section (a)(3) of the Act by committing a direct or indirect violation of Board Rules adopted under this subtitle either as a principal accessory or accomplice specifically Rule 165(a) regarding keeping complete and accurate medical records; and Rule 170 concerning the treatment of chronic pain patients 2 Respondent is subject to disciplinary action pursuant to Section (a)(6) by failing to practice medicine consistent with public health and welfare 3 Section (a) of the Act authorizes the Board to resolve and make a disposition of this matter through an Agreed Order 4 Section (d) of the Act provides that this Agreed Order is a settlement agreement under the Texas Rules of Evidence for the purposes of civil litigation 5 Section (b)(3) of the Act authorizes the Board to limit or restrict Respondents license or practice of medicine including but not limited to or excluding one or more specified activities of medicine or stipulating periodic Board review G:\Physicians\M adisetti\agreed Order Page 2 of?

7 J ""f""""""""""---7"1""":""~-"~" \ ORDER Based on the above Findings of Fact and Conclusions of Law~the Board ORDERS that - ~~"t-~ ~ " :~4-V~}"""""r "M "r~ t " "rrltr"""""""r"-""o"" ""_ """" Respondents Texas medical license is hereby RESTRCTED under the followiilg tenus and conditions for five (5) years Tom this date of the signing of this Agreed Order by the presiding officer of the Board: 1 Respondent shall maintain adequate medical records on all patient office visits~ consultations~ surgeries perfonned drugs provided and treatment rendered by Respondent These records will include at a minimu~ the patients name and address vital signs and statistics chief complaints history and physical findings diagnosis and basis for diagnosis treatment plan for each patient visit or operative procedure a notation of all medications prescribed or otherwise provided to the patient including the quantity dosage rationale and documentation of the infonned consent when providing the medications and detailed records of all followup visits Each visit shall be noted in the patient record and dated accordingly Respondent shall make all patient medical records available for inspection and copyin~ upon the oral or written request of Board consultants~ investigators compliance officers~ attorneys and other Board staff 2 No later than thirty (30) days from the effective date of this Order Respondent shall submit a detailed corrective action plan regarding his medical practice in regard to the treatment of chronic pain patients This plan shall include but is not limited to new patient screening medical record keeping and chartmg prescription activity referrals prior physician consultations pain contracts referrals to specialists tailored treatment plans for patients and other measure implemented 3 While under the tenns of this Order Respondent~s practice shall be monitored by a physician (monitor") in accordance with (b)(7) of the Act The Compliance Division of the Board shall designate the monitor and may change the monitor at any time for any reason The monitor shall have expertise in a similar specialty area as Respondent The Compliance Division shall provide a copy of this Order to the monitor together with other infonnation necessary to assist the monitor O:\Physicians\MadisettMgreed Order Page30f7

8 " f a As requested by the Compliance Division Respondent shall prepare and provide complete legible cqpies of selected patient medical and billing records ("selected records") The Compliance Division shall select records for at least thirty patients seen by Respondent during each three-month period following the last day of the month of entry of this Order ("reporting period") The ft>l1~"" -- " "" """""~T"""Wjo/i"ij"~:"i/t""w(""""" " " " ;"":~-"«""71"\r;-\ - J"-- r" " :" _ ""\r""""\\"""""" CompUance Division may select records for more than thirty patients up to ten percent of the patients "1 seen during a reporting peri~d b The monitor sha11perfonn the following duties: 1) Personally review the seected records; 2) Prepare written reports documenting any perceive4 deficiencies and any recommendations to improve Respondents practice of medicine or assist in the ongoing monitoring process Reports shall be submitted as requested by the Compliance Division; and 3) Perform any other duty that the Compliance Division determines will assist the effe~tive monitoring of Respondents practice c The CompHance Division shall provide to Respondent a copy of any deficiencies or recommendations submitte~ by the monitor Respondent shall implement the recommendations as directed by the Compliance Division d The monitor shall be the agent of the Board but shall be compensated by the Respondent through the Board Such compensation and any costs incurred by the monitor shall be paid by Respondent to the Board and remitted by the Board to the monitor Respondent shall not charge the compensation and costs paid to the monitor to any patients 4 Within one (1) year from the signing of this Order by the presiding officer of the Board Respondent shall enroll in and successfully complete a three (3) day course entitled Prescribing Controlled Drugs Critical ssue and Common Pitfalls sponsored by Vanderbilt Medical Center University Documentation of attendance and successful completion of this requirement shall be delivered to the Director of Compliance for the Board on or before the expiration of the time limit set forth for completion of the course 5 Respondent shan obtain at least twenty (20) hours per year of Continuing Medical Education (CME) approved for Category credits by the American Medical Association chronic pain management each year the Order is in effect These CME hours shall be in addition to the andual minimum CMEs required and tbese 20 hours shall be obtained by in O:\Physicians\Madisetti\Agreed Order Page4of7 -

9 attendi~g the seminars in person Upon request Respondent shall submit to the Board proof of the prio~ years CME attendance by the Orders anniversary date Uponrequest Respondent shall sub~t proof to the Board of CME hours attended in the CUtTentyear even though such may not meet the 20-hour requirement -i""""--"""-"-~~-7""""--~- ~-_~~-" A copy of the attendance certificate issued or a detailed report "--"""-;"~ ":1""" """"""r<-!"""-~h ; "F- "too~~ft"i"~\"m""1~ ;"1"(11" -""" - ~~ which can be readily verifiedby the Board shall satisfythis requirement 6 To verify that Respondent has complied with and is in compliance with the tenns and conditions of this Order Respondent shall fully cooperate with the Board and the Board staff including but not limited to Board attorneys investigators compliance officers consultants and other such employees or agents of the Board in any way involved in investigation review or monitoring associated with Respondents compliance with this Order Failure to cooperate as required by this paragraph and the tenns of this Order shall constitute a basis for disciplinary action against Respondent pursuant to the Act 7 Respondent shall comply with all the provisions of the Act and other statutes regulating the Respondents practice 8 Respondent shall inform the Board in writing of any cbange of Respondents office or mailing address within ten (10) days of the chang~ of address This information shall be submitted to the Pennits Department and the Director of Compliance for the Board i Pailureto provide such infonnation in a timely manner shall constitute a basis for disciplinary action by the Board against Respondent pursuant to the Act 9 Any violation of the terms conditions or requirements of this Order by Respondent shall constitute unprofessional conduct likely to deceive or defraud the public and to injure the public and shall constitute a basis for disciplinary action by the Board against Respondent pursuant to the Act 10 The time period of this Order shall be extended/tolled for any period of time in which Respondent currently/subsequently resides or practices outside the State of Texas f Respondent leaves Texas to live or practice elsewhere Respondent shall immediately notify the Board in writing of the dates of Respondents departure from and subsequent return to Texas Upon Respondents return to practice in Texas Respondent shall be required to comply with the terms of this Order for the period of time remaining on the Order when Respondent left practice in Texas G:\Physidans\Madisetti\Agreed Order Page 5 of7 Jm

10 11 The above-;eferenced conditions shall continue in full force and effect without opportunity for amendment except for clear eltor in drafting for 12 months following entry of ~~~~" ~~~!~ge~~:_!*;~~~/~~~~~~~~~;:pftl1e12~~~r:thpe~?~;~~~r?;:~~~~ :7~~~ to ~e~~~~~?~;~~~"~~~"~""f~~ or termination ofthese"oonditions Respondent may petition the Board in writmg """ The Board may inquire int?the request and may in its sole discretion grant or deny the petition without further appeal or review Petitions for modifying or tennination may be filed only once a year thereafter RESPONDENT WANES ANY FURTHERHEARNGSOR APPEALSTd THE BOARD OR TO ANY COURT N REGARD TO ALL TERMS AND CONDTONS OF THS AGREED ORDER RESPONDENT AGREES THAT THS S A FNAL ORDER THS ORDER S A PUBLC RECORD NARAYAN SMADSETT MD HAVE READ AND UNDERSTAND THE FOREGONG AGREED ORJ?ER UNDERSTAND THAT BY SGNNG WAVE CERTAN RGHTS SGN T VOLUNTARLY UNDERSTAND THS AGREED ORDER CONTAlNS THE ENTRE AGREEMENT AND THERE S NO OTHER AGREEMENT OF ANY KND VERBAL WRTTEN OR OTHERWSE DATED: S-~< N ""-<>!" S 1\f} r!--fh M-j NARAYAN S MADSETTl MD RESPONDENT G:\Physicians\MadisettMgreed Order Page 6 of7

11 STAT~ OF--1 ~t) ~ COUNTYOF \-\or(t) "j;""--"---"---";" BEFORE-~ the undersignedn ot&:y--p:ublicoq-t4i~(1\p~f! per$onajly f\r\tw~r;~:tf""i"":-"!" " Narayan S Madisetti MD~ known to me to be the person whos~ name is subscribed to this instrument an Agreed Order and who after being by me duly sworn on oath stated that he executed the same for all purposes expressed therein Given under my hand and official seal and office this ~qtt-day of (Y"\~ 20{)3 "~- """\ (Notary Seal) ~?)~ 19natureof Not ) SGNED AND ENTERED by the presiding officer of the Texas State Board of Medical Examinerson this ~ day of ~ / Lee Ande MD President Texas State Board of Medical Examiners STATE OF TEXAS COUNTY OF TRAVS " Rita Perkins CUstodi certify that am MedicaJ~x~~f!lCOrds for the Tex~~ ~~~al assistant Copy s of the or: gnf~a a n~ t that this is a ~r~eb a o n a rd of s a ppe d ars on file in t Correct Wt ness my h official h and and s S office --- day of ea ofthe Board o th : 2 - RrtaPerkins ---- q/on Public nform t G:\Physicians\Madisetti\Agreed Order Page 7 of S