HONOLULU – The state Department of Commerce and Consumer Affairs (DCCA) and the state Boards and Commissions released a summary of disciplinary actions through the month of February 2023 taken on individuals and entities with professional and vocational licenses in Hawai?i . These disciplinary actions include dispositions based upon either the results of contested case hearings or settlement agreements submitted by the parties. Respondents enter into settlement agreements as a compromise of claims and to conserve on the expenses of proceeding with an administrative hearing.

The DCCA and the Boards and Commissions are responsible for ensuring those with professional and vocational licenses are performing up to the standards prescribed by state law.

BOARD OF NURSING

Respondent:        Joann M. McDermott

Case Number:      RNS 2021-409-L

Sanction:              Suspension of license for four years—stayed with compliance of deferred acceptance of no contest plea,

                               Continuing education, and $3,000 fine

Effective Date:     2-2-23

RICO alleges that Respondent was charged with fifteen (15) counts of Prohibited Acts Related to Controlled Substances in the State of Hawai?i First Circuit Court, case 1CPC-21-0001222, that the court granted Respondent’s Motion for Deferred Acceptance of No Contest Plea, and issued an order of deferral for four years subject to terms and conditions, in potential violation of HRS §§ 436B-19(3) and 457-12(a)(6). (Board approved Settlement Agreement.)

MEDICAL BOARD

Respondent:        Patrick D. Kavanagh

Case Number:      MED 2022-224-L + 2 cases

Sanction:               $1,000 fine

Effective Date:     2-9-23

RICO alleges that Respondent’s license was disciplined by other states and failed to timely report the disciplinary actions to the Board, in potential violation of HRS §§ 453-8(a)(11) and 453-8(a)(14). (Board approved Settlement Agreement.)

BOARD OF PHARMACY

Respondent:       Wells Pharmacy Network, LLC

Case Number:     PHA 2022-74-L

Sanction:             $750 fine

Effective Date:    2-7-23

Respondent was disciplined by the State of Oregon, in potential violation of HRS § 436B-19(13). (Board approved Settlement Agreement.)

Respondent:        Walgreens.com, Inc. dba Walgreens

Case Number:     PHA 2022-55-L

Sanction:              $1,000 fine

Effective Date:    2-7-23

Respondent was disciplined by the State of New Mexico, in potential violation of HRS § 436B-19(13). (Board approved Settlement Agreement.)

Respondent:        Optime Care Inc.

Case Number:     PHA 2022-41-L

Sanction:              $2,500 fine

Effective Date:    2-7-23

Respondent was disciplined by the State of Michigan on or about February 13, 2019 and failed to timely report the action to the Board, Respondent answered “No” on its November 2019 renewal application to a question inquiring if its license had been disciplined in this state or any other jurisdiction in the past 2 years, and Respondent was disciplined by the State of Louisiana, in potential violation HRS §§ 436B-19(13), 436B-19(15), and 461-21(a)(1). (Board approved Settlement Agreement.)

Respondent:        Mayo Foundation for Medical Education & Research

Case Number:     PHA 2020-114-L

Sanction:              $500 fine

Effective Date:    2-7-23

Respondent was disciplined by the States of Maine and Alabama, in potential violation HRS § 436B-19(13). (Board approved Settlement Agreement.)

Respondent:       Integrated Health Concepts, Inc. dba Conversio Health

Case Number:     PHA 2022-34-L

Sanction:              $2,000 fine

Effective Date:    2-7-23

Respondent was disciplined by the State of California and failed to timely report the action to the Board, in potential violation HRS §§ 436B-19(13) and 436B-19(15). (Board approved Settlement Agreement.)

Respondent:       Accredo Health Group, Inc.

Case Number:     PHA 2022-64-L

Sanction:              $500 fine

Effective Date:    2-7-23

Respondent was disciplined by the State of Virginia, in potential violation HRS § 436B-19(13). (Board approved Settlement Agreement.)

Respondent:       Imprimisrx NJ LLC, dba Imprimisrx, fka Pharmacy Creations LLC

Case Number:     PHA 2022-73-L

Sanction:             $2,000 fine

Effective Date:    2-7-23

Respondent was disciplined by the States of Wisconsin and Alabama, in potential violation HRS § 436B-19(13). (Board approved Settlement Agreement.)

BOARD OF CHIROPRACTIC

Respondent:        Christopher J. Bruno

Case Number:      CHI 2022-4-L

Sanction:              $500 fine, 20 hours of board-approved continuing education (CE)

Effective Date:     2-22-23

On or about November 27, 2021, Respondent certified completion of required CE hours when renewing his license, and none of the CE hours completed were approved by the Board, in potential violation of HAR § 16-76-38(a) and HRS § 436B-19(17). (Board approved Settlement Agreement.)

Respondent:        Scott T. Hirashiki

Case Number:      CHI 2022-5-L

Sanction:              $500 fine, 18 CE credits completed after December 31, 2021 shall be applied to the January 1-2019 –

                               December 21, 2021 period only.

Effective Date:     2-22-23

Respondent completed four (4) out of the 20 required CE hours for the licensing period January 1, 2019 through December 31, 2021, in potential violation of HRS § 436B-19(17) and HAR § 16-76-38(a).  (Board approved Settlement Agreement.)

BOARD OF PHYSICAL THERAPY

Respondent:       Mary Grace A. Gayatinea-Ollivier

Case Number:     PTS 2022-3-L

Sanction:              $500 fine

Effective Date:    2-14-23

On or about November 19, 2020, RICO took legal action against Respondent in Case No. PTS 2020-21-L in which she paid a fine of $200 for failing to comply with CE requirements. On or about December 2, 2022, Respondent renewed her license and answered “no” to the question of whether her license had been disciplined since her last application, in potential violation of HRS 436B-19(2). (Board approved Settlement Agreement.)

BOARD OF OPTOMETRY

Respondent:        Nidha Nathani

Case Number:     OPT 2022-7-L

Sanction:              $750 fine

Effective Date:    2-13-23

Respondent was disciplined by the State of Nevada, in potential violation of HRS § 436B-19(13). (Board approved Settlement Agreement.)

CONTRACTORS LICENSE BOARD

Respondent:        Makana Construction LLC; Frank R, Alexander, II (Maui)

Case Number:     CLB 2021-21-L

Sanction:              $2,500 fine

Effective Date:    2-24-23

RICO received a complaint alleging Respondent exhibited poor workmanship in the construction of a residence and the contract for project did not contain all of the required homeowner contract disclosures, all in potential violation of HRS § 444-25.5, and HAR §§ 16-77-71 and 16-77-80. (Board approved Settlement Agreement.)

Respondents:      Pua Ohana Tree Trimming & Landscaping LLC and Iasinita Finau, aka Iasinita Sauaki (Maui)

Case Number:     CLB 2022-112-L

Sanction:              $18,000 fine

Effective Date:    2-24-23

A Judgment for $150,687.71 was entered against Respondents in Derrick Salomon v Pua Ohana Tree Trimming and Landscaping, LLC, et al., Civ No. 2CCV-21-0000015, for breach of contract and attorney fees, Respondents made misrepresentations to Salomon and the County of Maui regarding arborist work for contacts with the County of Maui, and Respondents misrepresented to the Board that there were no judgments against Respondents in their renewal applications for the 2023-2024 biennium licensing period, all in potential violation of HRS §§ 444-17(1), 444-17(10), 436B-19(2), 436B-19(8) and 436B-16. (Board approved Settlement Agreement.)

Respondent:        Lilia D. Eviota individually and dba Lilia Construction LLC

Case Number:      CLB 2022-489-L

Sanction:               Voluntary surrender of license, 5-year prohibition on applying for new license

Effective Date:     2-24-23

RICO alleges that Respondent improperly contracted with a general contractor in the name of the unlicensed entity Lilia Construction LLC, and that Respondent aided and abetted an unlicensed contractor by entering into an agreement with unlicensed contractor ITJ Backhoe Service to perform subcontractor work, in potential violation of HRS §§ 444-9, 444-9.3 and 444-17(17). (Board approved Settlement Agreement.)

Respondents:      Corinthian Construction, Inc. and Gary M.C. Yuh

Case Number:     CLB 2015-137-L

Sanction:              Voluntary surrender of licenses, 5-year prohibition on applying for new license

Effective Date:    2-24-23

RICO alleges that on or about September 20, 2013, Respondents entered into a contract to renovate a property, that Respondent’s licenses expired on September 30, 2014 while renovation work was ongoing, and that Respondents continued to perform contracting work on the property after their licenses expired, in potential violation of HRS § 444-9.  (Board approved Settlement Agreement.)

Respondent:         Margaret S. Catillejos dba Homestead Construction (Kauai)

Case Number:      CLB 2022-435-L

Sanction:               $5,000 fine

Effective Date:     2-24-23

On or about May 11, 2022, Respondents entered a contract to renovate a property, and in October 2022, RICO received information that an unlicensed flooring company was performing carpet and tile installation at the property under Respondent’s supervision, in potential violation of HRS § 444-17(17). (Board approved Settlement Agreement.)

Respondents:      Mark J. Penner and Rosendin Electric, Inc.

Case Number:      CLB 2015-180-L

Sanction:               $50,000 fine

Effective Date:     2-24-23

Respondents engaged in contracting work from August 2014 through March 2015, and that during that time, no RME was physically present on the island, in potential violation of HAR §§ 16-77-71(a)(4) and 16-77-71(a)(5). (Board approved Settlement Agreement.)