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AAOS Now

Published 6/1/2011

Board takes professional compliance actions

At its meeting on Feb. 14, 2011, the Board of Directors of the American Association of Orthopaedic Surgeons (AAOS) considered the following compliance matters not related to the AAOS Standards of Professionalism and took the actions indicated.

Robert S. Ferretti, MD
Tiburon, Calif.
AAOS Fellowship Suspended

On March 3, 2010, the Medical Board of California (Medical Board) filed an amended accusation against Dr. Ferretti alleging four causes of gross negligence/negligence and/or incompetence, and one cause of repeated negligent acts pertaining to patient care. On July 12, 2010, the Medical Board adopted a Decision and Disciplinary Order, effective Aug. 11, 2010, issuing a stay of revocation and placing Dr. Ferretti’s license to practice medicine on 3-years’ probation. Dr. Ferretti agreed to be bound by this decision and order, which includes several provisions for education and monitoring. The AAOS Board of Directors voted to suspend Robert S. Ferretti, MD, until he holds an unrestricted license to practice medicine.

Richard Lenson, MD
Napa, Calif.
AAOS Fellowship Suspended

On March 9, 2009, the Medical Board of California (Medical Board) filed an accusation against Dr. Lenson alleging four causes of incompetence/lack of knowledge, three causes of repeated negligence, and two causes of documentation pertaining to patient care. On Feb. 11, 2010, the Medical Board adopted a Decision and Disciplinary Order, effective March 15, 2010, issuing a stay of revocation and placing Dr. Lenson’s license to practice medicine on 2-years’ probation. Dr. Lenson agreed to be bound by this decision and order, which includes several provisions for education and monitoring. The AAOS Board of Directors voted to suspend Richard Lenson, MD, until he holds an unrestricted license to practice medicine.

Dewey C. MacKay III, MD
Brigham City, Utah
AAOS Fellowship Suspended

On Aug. 3, 2010, the United States Drug Enforcement Administration (DEA) permanently revoked Dr. MacKay’s controlled substance license. On Aug. 5, 2010, he was indicted on 130 counts of knowingly and intentionally distributing and dispensing controlled substances in violation of federal or state statutes, regulations, or rules. These allegations cited, in part, that during the period of January 2005 through October 2009, Dr. Mac-Kay routinely and regularly issued prescriptions for controlled substances to patients without a legitimate medical purpose and outside of the usual course of professional treatment and without conducting a medically sufficient examination. Furthermore, it was alleged that his actions led to the death of one patient. The AAOS Board of Directors voted to suspend Dewey C. McKay III, MD, until the complete and final resolution of all criminal charges and until he holds a valid and unrestricted license to practice medicine.

Mark S. Metzger, MD
Gresham, Ore.
Expelled

On March 17, 2010, the Oregon Medical Board (Medical Board) issued an Interim Stipulated Order in which Dr. Metzger agreed to withdraw from active practice pending the conclusion of a Medical Board investigation regarding allegations of sexual abuse. On Aug. 31, 2010, Dr. Metzger was convicted of a Class C felony pursuant to his plea of guilty on one count of attempted sexual abuse and was sentenced to 18 months of confinement by the Oregon Department of Corrections. This sentence includes 42 months of postprison supervision. On Sept. 2, 2010, the Medical Board suspended the medical license of Dr. Metzger until he is no longer incarcerated and presents satisfactory evidence with regard to the public interest that his privilege to practice medicine may be restored. The AAOS Board of Directors voted to expel Mark S. Metzger, MD, based on his conviction of a felony offense.

Michael W. Reed, MD
Panama City, Fla.
Expelled

On July 29, 2009, the Florida Department of Health placed Dr. Reed’s medical license on Emergency Suspension as a result of federal drug charges. He was arrested for possession of cocaine and, on June 23, 2009, was named in 7 of 32 counts in the drug trafficking case. Dr. Reed is alleged to have possessed with intent to distribute cocaine as well as to have conspired and facilitated the commission of felonies. On Dec. 5, 2009, the AAOS Board of Directors voted to suspend Dr. Reed until the complete and final resolution of all criminal charges and until he holds a valid and unrestricted license to practice medicine. On Feb.16, 2010, Dr. Reed’s Florida medical license was denied renewal and he does not hold a medical license in any other state or Canadian province. The AAOS Board of Directors voted to expel Michael W. Reed, MD, because he no longer holds a valid and unrestricted license to practice medicine.

Robert J. Tomlinson, MD
Fayetteville, Ark.
Expelled

On April 2, 2010, Dr. Tomlinson entered a plea of guilty to one count of healthcare fraud relating to a federally funded healthcare program patient. On April 5, 2010, his medical staff privileges were restricted, and on April 15, 2010, privileges were indefinitely suspended. On June 14, 2010, Dr. Tomlinson withdrew his medical staff privileges while undergoing investigation. On Oct. 19, 2010, a query to the Arkansas State Medical Board revealed that Dr. Tomlinson had surrendered his medical license. The AAOS Board of Directors voted to expel Robert J. Tomlinson, MD, because he no longer holds a valid and unrestricted license to practice medicine.

For more information on the AAOS professional compliance program and the AAOS Standards of Professionalism, visit the AAOS professional compliance program online at www.aaos.org/profcomp