Kennewick OB-GYN placed on license probation

By Michelle Dupler, Tri-City HeraldJanuary 8, 2013 

Kennewick obstetrician and gynecologist Dr. John C. Perry is under a second probation period with the state's medical licensing agency, officials said Monday.

The state Department of Health said that Perry agreed to 34 months of probation to run at the same time as a previous four-year probation Perry agreed to in 2010.

The latest probation stems from unprofessional conduct charges made in October 2011 by the state Medical Quality Assurance Commission, the agency overseeing medical licensing.

The agency alleges Perry failed to properly treat a patient with a rare uterine cancer, and that his failure is likely to have had a negative effect on her prognosis.

Charges by the commission are not criminal, but can affect a physician's ability to practice in Washington.

The commission claimed in the 2011 case that Perry saw a patient in September 2009 and found a mass in her uterus. He surgically removed the mass and diagnosed it as a high-grade malignancy.

Documents alleged that Perry failed to get a qualified surgeon to "stage" the patient's cancer -- which determines the extent and location of the cancer in a patient's body -- and that Perry failed to refer her to a specialist to get chemotherapy until after she sought treatment on her own in Spokane.

He performed a laparoscopic hysterectomy in December 2009 at Kennewick General Hospital -- the only hospital in the Tri-Cities that allowed Perry privileges to practice.

Kadlec Regional Medical Center in Richland revoked Perry's privileges in 2005, and Lourdes Medical Center in Pasco told the Herald in 2011 that Perry did not have surgical privileges there.

The woman reportedly told the commission she asked Perry several times after the surgery if she would need chemotherapy and whether she see an oncologist. Perry told her she would get chemotherapy at KGH, but he never scheduled the appointments, the charges said.

The commission alleges the woman immediately should have been referred to a specialist to discuss additional therapies.

Perry denied the allegations and said that he did offer to refer the patient to a specialist in Spokane or Seattle when he discussed surgical options for her cancer, but that the patient chose not to be referred outside the Tri-Cities.

The probation agreed to in November 2012 requires Perry to refer any patient diagnosed with a gynecological cancer to a specialist within seven days, to undergo a psychological evaluation and comply with recommendations for therapy, and to contract with a coach selected by the commission to improve his quality of care and communication with patients, their families and his colleagues.

Perry's 2010 probation stemmed from charges of unprofessional conduct claiming that Perry reversed a tubal ligation for a woman with whom he was having an extramarital affair several years earlier so he and the woman could attempt to have a child together.

Other violations involve allegations that Perry lacerated the bowels of some patients when he performed surgeries for which he did not have the appropriate expertise and did so without consulting other surgeons.

He denied the charges, but opted to settle with the commission in March 2010.

The 2010 settlement imposed a $5,000 fine and probation. Until that probation expires, Perry is restricted from being the primary surgeon for any procedures involving the bowel. He also is required to consult with a general surgeon if a bowel injury is possible in a surgery.

The agreement also required Perry to refrain from providing medical care to family members and people of "significant personal interest" except in an emergency.

The 2011 charges did not claim that Perry violated any terms of the previous probation.

Ephrata doctor has license reinstated, placed on probation

The commission ended an indefinite suspension against the license of Dr. Mohammad H. Said of Ephrata, and instead placed Said on probation.

The commission in September suspended Said's medical license after finding he had violated a 2008 agreement restricting him from treating chronic pain patients with controlled substances for more than a 90-day period.

Documents said Said continued to prescribe controlled substances to patients -- including oxycodone, morphine, Vicodin, methadone and Valium -- as well as writing medical marijuana authorizations while working for a company called CBR Medical that paid him $1,500 per day to see batches of medical marijuana patients.

The documents detailed numerous patients for whom Said allegedly prescribed a narcotic pain medications beyond the restrictions in the 2008 order.

The suspension order permanently banned Said from prescribing a variety of controlled substances and required him to undergo an approved ethics course before being reinstated with five years of probation.

Said submitted documentation to the commission in November that he had completed the course, documents said.

Said also has run for office several times, including a 2010 bid for U.S. Senate against incumbent Patty Murray and this year against Congressman Doc Hastings of Pasco. He didn't advance from the primary in either race.

Chiropractor faces allegations of billing for services not given

The Chiropractic Quality Assurance Commission charged Kennewick chiropractor Gabriel Anguiano with unprofessional conduct based on allegations that he billed a patient's insurance for treatments the patient denied receiving.

Anguiano is alleged to have billed the patient 44 times between Aug. 3 and Nov. 9, 2011, for treatments including 15-minute massages.

The patient's insurance company in November 2011 arranged for an independent examination, and the patient stopped seeing Anguiano for treatment.

The commission claims Anguiano then frequently called the patient and tried to convince her to come back, and tried to coerce her into signing a statement that she received at least 15 minutes of treatment per visit.

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