State Fines Three Doctors, Disciplines Two Others

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The state Medical Examining Board disciplined two physicians with $5,000 fines for failing to adequately inform and monitor patients while prescribing opioids or anti-anxiety medications.

Dr. Michael Kelly, of Salisbury, was issued a $5,000 fine and a year of probation Tuesday for failing to consistently adhere to a safe opioid prescribing system that included checking the medical history of patients and documenting justification for chronic opioid treatment, according to a consent order, approved today (Tuesday).

A state Department of Public Health (DPH) consultant looking into a referral made by the state Department of Consumer Protection, Drug Control Division, found that Kelly also failed to monitor chronic opioid patients and didn’t check the state’s Prescription Monitoring Program every 90 days for some patients.

As a result of the investigation, Kelley, a primary care physician with a private practice in Salisbury, agreed to pay the fine and have 20% of his patients’ records reviewed during a one-year period of probation. Kelly voluntarily surrendered his registration to prescribe controlled substances and would need to be monitored for a year if he sought the registration back, DPH documents said.

The board also agreed to issue a $5,000 fine and one-year probation to a Hamden psychiatrist who failed to withdraw a patient from the use of Xanax on a safe schedule, according to documents.

Dr. Enrique Tello-Silva, of Hamden, discontinued the patient’s use of Xanax in October 2018, after the patient had been on the drug for about 15 months, an investigation revealed. Tello-Silva failed to provide adequate information to the patient on the use of the drug and failed to check the patient’s prescription profile in the state’s prescription monitoring program, documents said.

Tello-Silva will also be required to hire another physician to review 20% of his patient files and monitoring his practice throughout the one-year probationary period. The psychiatrist will be required to take course work in documentation standards and the proper prescription and discontinuation of benzodiazepines such as Xanax, a consent order said.

In March, the board also disciplined three physicians.

Dr. Stephen Zebrowski of Plainville was issued a reprimand and an additional four-month probationary period for failing to report to DPH new duties or jobs taken after previously being disciplined by the board for prescribing controlled substances without adequately monitoring a patient’s history of abuse.

Under the terms of his previous discipline, Zebrowski was required to get pre-approval for any new employment or change in employment during a one-year probationary period or if he had obtained a new job or duties after the probation was complete, documents said.

Zebrowski failed to report to DPH that he had expanded his duties to include reading bone density scans and acting as an on-call physician for ProHealth physicians until March 2019, according to a consent decree approved by the board in March.

In addition to the reprimand, Zebrowski must complete a course in ethics during the four-month probation period.

Dr. William Biles, of New Fairfield, was placed on probation for two years and will have to receive permission from DPH if he wants to return to practice, under the terms of a disciplinary consent agreement.  His license was also reprimanded by the board.

Biles came under investigation in 2018 after Danbury Hospital and the Western Connecticut Health Network sent to DPH a mandatory report concerning his care for several patients, documents said. Biles resigned from his privileges to practice at both entities during the investigation into whether he prescribed excessive amounts of controlled substances and provided inadequate diagnosis and medical care to patients with common conditions, the state said.

A Granby dermatologist was issued a $1,000 fine after an investigation revealed that she allowed a staff member to perform laser treatments and injections without checking if the person had a valid license, the DPH said.

DPH began investigating Dr. Meagen McCusker in August after receiving an anonymous complaint, documents said. The complainant alerted the state that McCusker was allowing an unlicensed staff member to perform nursing duties.

An investigation revealed that McCusker failed to check the licensure status of the person who was performing laser treatments and injections from September 2018 to July 2019.

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