Tennessee Board Of Medical Examiners Takes Action Against 4 Chattanooga Doctors

Sunday, August 24, 2014
Dr. Daniel Hamaty
Dr. Daniel Hamaty

The Tennessee Board of Medical Examiners, which is seeking to crack down on over-prescribing of pain medication, has taken action against four Chattanooga physicians.

They include 86-year-old Signal Mountain physician Dr. Daniel Hamaty, who was writing a host of prescriptions at the Murfreesboro Pain Management Clinic. The center has since surrendered its license.

Authorities said the clinic listed Dr. Hamaty as the owner, but the actual owner was Michael Lewis, who would pick up Dr. Hamaty at Alexian Village and drive him to Murfreesboro to "approve" prescriptions.

The report on Dr. Hamaty says: "Unprofessional, dishonorable or unethical conduct; making false representations in the practice of medicine; dispensing, prescribing or otherwise distributing any controlled substance or other drug not in the course of professional practice, or not in good faith to relieve pain and suffering, or not to cure an ailment, physical infirmity or disease, or in amounts and/or for durations not medically necessary, advisable or justified for a diagnosed condition; failure to adhere to Board Rules 0880-02-.14(6)(e)(3) with regard to patient assessment, documentation, treatment plan, periodic review, and recordkeeping; violation of pain management clinic statutes and/or rules governing cash payments, proper supervision and prescribing, provision of alternate medical director, policies and procedures governing practitioner training, treatment guidelines, patient compliance monitoring, infection control, health and safety, and appropriate recordkeeping; failure to maintain adequate billing records and proper medical records for seven years; and failure to ensure proper licensure of clinic’s health care providers, the delivery of quality care and services, and appropriate payment type according to the statutory requirements.

"Action:
License reprimanded and permanently retired; voluntarily surrendered pain management clinic certificate number 333; agreed to voluntarily surrender Drug Enforcement Agency certification; assessed costs not to exceed $1,000."

Dr. Charles D. Harris of Hixson had his license placed on probation for four years. He was assessed a $1,200 civil penalty.

His report says:

"Unprofessional, dishonorable or unethical conduct, to wit: failed to establish and maintain written protocols and formulary pursuant to Rule 0880-6-.02(5), as required of supervising physicians; failed to review and certify by signature every ten days within a 30 day window records of patients receiving controlled drugs; failed to review and certify by signature at least 20% of charts monitored or written by the certified nurse practitioner every 30 days; and failed to visit the remote site at least once every 30 days."

The license was revoked for Dr. Ihsaan Al-Amin, who lives in Smyrna, Ga., but operated a clinic in Brainerd. He faces costs up to $20,000.

Al-Amin was earlier arrested by federal authorities for health care fraud and tax evasion.

His report says:

"Dispensing, prescribing or otherwise distributing any controlled substance or other drug not in the course of professional practice, or not in good faith to relieve pain and suffering, or not to cure an ailment, physical infirmity or disease, or in amounts and/or for durations not medically necessary, advisable or justified for a diagnosed condition; dispensing, prescribing or otherwise distributing any controlled substance or any other drug to any person in violation of any law of the state or the United States; conviction of a felony, conviction of any offense under state or federal laws relative to drugs or the practice of medicine, conviction of any offense involving moral turpitude or conviction of any offense for which the person is required to register as a sexual offender or violent sexual offender; prescribing, ordering, administering or dispensing dangerous drugs or controlled substances without following statutory guidelines."

Dr. Carl A. Lindblad of Chattanooga had his license reprimanded with terms.

His report says:

"Unprofessional, dishonorable or unethical conduct; dispensing, prescribing or otherwise distributing any controlled substance or other drug not in the course of professional practice, or not in good faith to relieve pain and suffering, or not to cure an ailment, physical infirmity or disease, or in amounts and/or for durations not medically necessary, advisable or justified for a diagnosed condition; dispensing, prescribing or otherwise distributing any controlled substance or any other drug to any person in violation of any law of the state or the United States; prescribing or dispensing any drug to any individual, whether in person or over telephone lines, unless the physician, or his/her licensed supervisee pursuant to appropriate protocols or medical records, has first done and appropriately documented, for the person to whom a prescription is to be issued or drugs dispensed, an appropriate history and physical examination, made a diagnosis based upon the examinations, formulated and discussed a therapeutic plan which may or may not be the prescription of a dispensed drug , and insured availability of the physician or coverage for the patient for appropriate follow-up care; failure to cause to be maintained a medical record for every patient for whom he or she, and/or any of his or her professionally licensed supervisees, performs services or provides professional consultation; failure to retain records for a period of not less than ten years from the physician’s or his supervisee’s last professional contact with the patient."



Latest Bradley County Arrest Report

Click  here  for the latest Bradley County arrest report. (click for more)

Get Emailed Headlines From Chattanoogan.com; Like Us On Facebook, Twitter For Instant News

We send out headlines each week day of the latest Chattanooga news.  Our news headlines have links that take you to the stories with a click. We also send out special emails if there is a highly significant local news story breaking so you will be aware of it quickly. To be added to the email headline list, just email us at news@chattanoogan.com. In addition, ... (click for more)

Will Chattanooga Miss Another Reinvestment Opportunity?

In April, First Tennessee Bank and the National Community Reinvestment Coalition announced an agreement on a $3.9 billion reinvestment plan for economic development in low to moderate income communities under the 1977 Community Reinvestment Act. The Chattanooga Times Free Press soon followed with an article reviewing the plan in depth. The plan presented Chattanooga, as well as ... (click for more)

Roy Exum: Are We Like Nazis?

Four years after William Styron’s best-seller ‘Sophie’s Choice,’ had achieved the highest height of an atrocity that the literary world had known at the time, a little girl who was birthed the same year as the book (1979) was cast as Meryl Streep’s daughter in the movie. The four-year-old blonde knew nothing about evil, not to mention the Holocaust, but she became enamored with ... (click for more)

Lookouts Break Out Their Bats In Saturday's Rain Shortened Game Beating Barons, 12-2

Birmingham AL --  On a wet night at Regions Field, the Birmingham Barons (32-36) fell to the Chattanooga Lookouts (36-33) by a 12-2 score on Saturday night in a rain-shortened contest. The Birmingham loss evens up the five-game series at two games each with one game to play in the first half. Rain and the Lookouts were the winners on Saturday night in Birmingham as the ... (click for more)

CFC Wins 2-0 At Inter Nashville FC

Chattanooga FC remained undefeated in NPSL play Wednesday night, beating Inter Nashville FC 2-0 in Nashville.   David Valenciano had CFC's first goal late in the first half.  Jose "Zeca" Ferraz scored the second goal minutes before the final whistle.  This is the fourth road game in the last two weeks and they play their final rode game at New ... (click for more)