Board of Chiropractic Licensure - Disciplinary Action
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2006
DEMERS, MICHAEL R.
License Number: CR712
License Type: Chiropractor
Complaint Number: 2005-CHI-101, 2005-CHI-2341
Disposition: Consent Agreement dated 6/28/06
Summary: Complainant, an attorney, made repeated requests on separate occasions for the medical records of two patients of Dr. Demers that complainant represented in lawsuits. Licensee admitted that he failed to provide medical records to the patients as alleged. In 1997, licensee entered into a consent agreement with the board in which he admitted to unlawfully withholding medical records from a patient and agreed to accept a warning from the board. In this matter, licensee agreed to a reprimand and agreed to successfully complete 12 hours of continuing education in recordkeeping standards.
FALDMAN, CLIFFORD L.
License Number: CR537
License Type: Chiropractor
Complaint Number: 2006-CHI-3068
Disposition: Interim Consent Agreement dated 10/23/06
Summary: In light of statements from former patients alleging sexual misconduct, and other information, the board scheduled a meeting to consider issuance of an immediate temporary suspension of licensee's license. As an alternative to suspension, licensee agreed to abide by several conditions until the board dismissed or adjudicated the complaint. The conditions were: (a) that a chiropractic assistant be present at all times in the same room to observe licensee's examination or treatment of a patient, (b) that licensee at no time be alone with a patient, and (c) that licensee provide a copy of the consent agreement to present and future staff members working at his practice and provide a copy of the agreement signed by each staff member to the board.
[NOTE: For the final disposition of this matter, see the 2007 listings.]
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2005
HENDRICKS, JAMES A.
License Number: CR1164
License Type: Chiropractic
Complaint Number: 2004-CHI-92
Disposition: Decision and Order dated 3/3/05
Summary: Licensee failed to disclose a total of 2 misdemeanor Class E criminal driving convictions (driving to endanger and criminal speeding) on 2 license renewal applications.
Also, licensee developed a friendship with a patient. The patient's husband, also a patient, called licensee when he learned that his wife had been having frequent telephone conversations with licensee. Licensee told the husband that he would have to make an appointment if he needed back treatment but otherwise wouldn't talk to him and hung up the phone. About 2 days later licensee terminated both the wife and husband from treatment and considered the patient-physician relationship to have ended. On the same day, the husband telephoned licensee's office and requested his medical records so that he could change doctors. Licensee did not provide the records and, in a letter, accused the husband of harassing him. Some months later, after the wife was living apart from the husband and divorce papers were filed, licensee became sexually involved with her. About 2 months later the husband renewed his request for his records. Licensee imposed other roadblocks until he finally forwarded the husband's file to the husband's primary care physician. During this time, licensee sent a letter to the husband's employer and workers' compensation insurer. In the letter licensee stated, among other things, that the husband had been dismissed from care due to continued personal harassment and asked that the letter be added to the husband's file. The board found that no harassment had taken place at any time, that the allegation of personal harassment in the letters was improper since those letters had nothing to do with the patient-physician relationship, that the letters failed to maintain the confidentiality of the husband's health care information, and that the request that the letter be placed in the husband's employer's personnel file was vindictive rather than related to the husband's health care.
The board placed licensee on probation until December 31, 2007. The conditions of probation are that licensee pay $6121.14 hearing costs, pay a $1,600 civil penalty, successfully complete a course in "boundary ethics," successfully pass the NBCE examination on ethics and boundaries, complete a 12 hour course on recordkeeping, and allow the board complaint officer unannounced access to his office to randomly review patient and office records regarding recordkeeping practices and policies regarding doctor-patient relationships.
[NOTE: LICENSEE HAS APPEALED TO SUPERIOR COURT.]
9/12/05 UPDATE
The board denied licensee's motion for a stay or modification of his payment obligations under the March 3, 2005 Decision and Order. The board ordered licensee to pay an additional $350 hearing costs in connection with the denial of the motion.
7/7/06 UPDATE
On this date the Maine Supreme Judicial Court affirmed the board's decision in all respects. See James A. Hendricks v. Maine State Board of Chiropractic Licensure, Decision No. Mem 06-99.
PULLEY, MATTHEW W.
License Number: CR1088
License Type: Doctor of Chiropractic
Complaint Number: CHR-99
Disposition: Decision and Order dated 6/16/05
Summary: Licensee violated the board's Decision and Order dated July 30, 2004 by: (a) failing to have a female certified or temporary chiropractic assistant present at all times in the room while he conducted chiropractic procedures (treatment and exams) on female patients; (b) failing to have a certified or temporary chiropractic assistant's written initials in one patient's chart to document that the female assistant was present during licensee's examination of this patient; and (c) unilaterally leaving the care, treatment and counseling provided by a consulting psychologist engaged pursuant to the July 30, 2004 Decision and Order without being discharged either by the board or the consulting psychologist. The board revoked the license for a period of 24 months, provided that licensee can petition the board for relief from the remaining 12 months of revocation if he: (i) resumes counseling for a minimum of 2 sessions per month, 24 sessions per year until the board is satisfied that the goals of the counseling have been met; (ii) maintains continuing education credits; and (iii) appears before the board following submission of the petition. The board also put licensee on probation for 5 years following the date of relicensure, subject to conditions set forth in the 6/16/05 Decision and Order. Finally, the board ordered licensee to pay $3505.10 hearing costs.
PULLEY, MATTHEW W.
License Number: CR1088
License Type: Doctor of Chiropractic
Complaint Number: 2005-CHI-100
Disposition: Consent Agreement dated 10/31/05
Summary: Licensee admitted that there was sufficient evidence from which the board could reasonably conclude that he: (1) failed to appropriately notify his staff of changes in his insurance credentialing status; (2) failed to appropriately notify his staff of changes in his license status; (3) failed to provide adequate supervision of his insurance billing staff; and (4) was responsible for the irregularities in insurance billing practices at Brewer Chiropractic since he was the owner of that clinic with accompanying supervisor duties and responsibilities. Licensee agreed to a warning. Licensee agreed to take all measures necessary to: (i) ensure that his staff is fully informed regarding his license and credentialing status; and (ii) provide adequate supervision of billing staff to avoid future billing irregularities.
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2004
METIVIER, RYAN
License Number: CR1219
License Type: Doctor of Chiropractic
Complaint Number: CHR-85
Disposition: Decision and Order dated 12/3/04
Summary: Licensee caused a one-page letter to be sent to several physicians and a four-page letter to be sent to approximately ten law firms in the geographical area of his practice. The letter to physicians implied that if the physician sent patients to licensee, licensee would in turn "once we have a relationship…refer my patients to you should a need for medical treatment arise." A primary purpose of the mailing to attorneys was to solicit patients for licensee's practice in return for providing consultations regarding personal injury, workers' compensation, and other related matters. The form letter sent to the law firms had a dollar bill affixed to the top of the first page. In the letter, licensee represented that he specialized in serving personal injury attorneys and that he understood the settlement process. The letter also implied that a law firm will have difficulty in locating a chiropractor who is competent regarding litigation related issues and that most chiropractors are incompetent in this regard. At hearing, licensee admitted that he did not specialize in serving personal injury lawyers, and neither did he have much experience in settling cases. Licensee's violations did not involve patient care.
The letters violated rule and ethics provisions against: (a) soliciting payment or consideration for the referral of patients, (b) lowering the standards of the chiropractic profession, and (c) risking possible harm to patients by seeking referrals based on financial considerations rather than treatment considerations. The board issued licensee a warning; placed licensee on probation for two years, during which time licensee shall not publish any advertising without prior approval of the board; fined licensee $500; and ordered licensee to pay $1432 hearing costs.
PULLEY, MATTHEW W.
License Number: CR1088
License Type: Doctor of Chiropractic
Complaint Number: CHR-94, CHR-95
Disposition: Decision and Order dated 7/30/04
Summary: Licensee demonstrated a lack of chiropractic ability in his performance of the Logan Basic Technique on two female patients, and in his use of an activator gun on the pelvic bone of those patients. Licensee caused both physical and emotional harm to one of the patients, an employee, by recklessly using the activator and Logan Basic Technique without the proper skills or complete diagnosis. He gave this patient bonuses, built up a trust factor, then without utilizing the proper protocols, adjusted her for a long period of time at the end of the work day at times with no other staff in the office.
Licensee failed to maintain the dignity or modesty of the two patients, who were disrobed and not draped in an appropriate manner, and examined the patients in areas that may be misconstrued as sexual exploration without verbal or written consent. Licensee also falsified the records of one patient.
On June 3, 2004, the board had suspended the license for 30 days pending hearing in this matter. At the conclusion of the hearing, the board suspended the license for an additional four months. The board also issued licensee a reprimand and placed him on probation for five years. During probation, licensee must pass a course in ethics and boundaries and pass the National Board of Chiropractic Examiners' Ethics and Boundaries examination; have a female chiropractic assistant present whenever he examines or treats a female patient; receive counseling regarding issues of sexual boundaries; complete a basic proficiency course in activator methods and annually maintain that rating; complete an overview course in the Logan Basic Technique; and complete a twelve-hour course in recordkeeping. In addition, the board ordered licensee to pay $4673.44 hearing costs.
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2003
WILLERSON, THOMAS E.
License Number: CR859
License Type: Doctor of Chiropractic
Complaint Number: CHR-81
Disposition: Consent Agreement dated 7/30/03
Summary: Licensee admitted that he performed a "chart review" of a patient's records, knowingly used incomplete records to diagnose the patient's condition, and arrived at his diagnosis without physically examining the patient. As discipline for this conduct, licensee agreed that, in the future, he will not issue a diagnosis based upon incomplete records, and without first physically examining the patient.
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2002
AYER, CHARLES M.
License Number: CR1103
License Type: Doctor of Chiropractic
Case Number: CHR-72
Disposition: Consent Agreement dated 1/8/02
Summary: Licensee admitted that he wrote a letter to a number of auto body shops proposing that he and the respective auto body shop enter into an agreement whereby each would refer the victims of auto accidents to one another. Licensee also admitted that in this letter he prefixed the title "Dr." to his name without using the word "Chiropractor" or identifying himself as a chiropractor. Licensee agreed to a reprimand, a $500 civil penalty, and a 2 year probation.
GOLLIDAY, GREGORY A.
License Number: CR1174
License Type: Doctor of Chiropractic
Case Number: CHR-067
Disposition: Second Consent Agreement dated 3/13/02
Summary: This is an amendment of an earlier consent agreement in this matter dated 5/15/01, in which licensee admitted that he made inappropriate statements and physical contact with the complainant. The amendment was prompted by licensee's statement that he is no longer engaged in the active practice of chiropractic in any capacity. In this amended consent agreement, licensee agreed to a reprimand, a $500 civil penalty, and a 6 month suspension that was itself suspended until the expiration of probation, a violation of the terms of probation, or until the finding of the board that another complaint, similar in nature to the complaint filed in this matter, has been filed against licensee. Conditions of probation are that licensee: (a) write a letter of apology to the complainant to the satisfaction of the board, (b) have no contact with the complainant other than the letter of apology, (c) provide no treatment of female patients without the presence of a third party for a period of 1 year following licensee's return to the active practice of chiropractic, following which licensee shall meet for bimonthly consultations with a supervising chiropractor to thoroughly review all patient records and discuss patient treatment plans and issues, and (d) complete a course concerning appropriate doctor-patient interactions, boundaries and relationships or other similar subject within the 6 months prior to the licensee's return to the active practice of chiropractic. Licensee agreed to provide the board with written notice immediately upon his return to the active practice of chiropractic in any capacity and agreed that he will not engage in the practice of chiropractic in any capacity prior to providing the board with the written notification.
[Note: See the 2001 summaries of adverse disciplinary action for the May 15, 2001 consent agreement in this matter.]
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2001
GOLLIDAY, GREGORY A.
License Number: CR1174
License Type: Doctor of Chiropractic
Case Number: CHR-067
Disposition: Consent Agreement dated 5/15/01
Summary: Licensee admitted that he made inappropriate statements and physical contact with the complainant. Licensee agreed to a reprimand, a $500 civil penalty, and a 2 year probation. Licensee also agreed to a 6 month suspension that was itself suspended until the expiration of probation, a violation of the terms of probation, or until the finding of the board that another complaint, similar in nature to the complaint filed in this matter, has been filed against licensee. Conditions of probation are that licensee: (a) write a letter of apology to the complainant to the satisfaction of the board, (b) have no contact with the complainant other than the letter of apology, (c) provide no treatment of female patients without the presence of a third party for a period of 1 year following execution of this consent agreement, following which licensee shall meet for bimonthly consultations with a supervising chiropractor to thoroughly review all patient records and discuss patient treatment plans and issues, and (d) complete a course concerning appropriate doctor-patient interactions, boundaries and relationships or other similar subject.
[Note: See the 2002 summaries of adverse disciplinary action for a second consent agreement in this matter dated March 13, 2002.]
NICHOLS, Rachel A.
License Number: TA1243
License Type: Temporary Chiropractic Assistant
Case Number: CHR-069
Disposition: Consent Agreement dated 10/25/01
Summary: Licensee admitted that she failed to disclose a criminal conviction on her license application. Licensee was issued a $100 civil penalty.
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2000
HOYT, Michael A.
License Number: CR252
License Type: Chiropractor
Case Number: CHR-062
Disposition: Consent Agreement dated 2/16/00
Summary: Licensee admitted that he allowed employees who were not properly licensed to administer and operate x-ray equipment. Licensee was issued a warning, a $2500 civil penalty and was ordered to pay $400 for costs incurred by the board and $100 for costs incurred by the Department of Attorney General.
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Last Updated:
April 30, 2009
