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."



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