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AAOS Now

Published 9/1/2012

Professional Compliance Actions

At its meeting on June 2, 2012, 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.

Daniel J. Dunaway, MD
Dayton, Ohio
AAOS Fellowship Suspended

Following a citation issued in August 2010 by the State Medical Board of Ohio, Dr. Dunaway entered into a consent agreement in February 2011 in which he was reprimanded and fined for failing to comply with continuing medical education (CME) requirements for the time frame of 2007–2009 and making false or fraudulent statements about completion of CME-required credits on his 2009 licensure renewal application. The consent agreement imposes requirements as to documentation of the requisite number of CME hours for the current and two future CME cycles.

The AAOS Board of Directors voted to suspend Dr. Dunaway until he holds a full and unrestricted license to practice medicine.

Patrick J. Fallon, MD
Falmouth, Maine
AAOS Fellowship Suspended

In May 2011, Dr. Fallon entered into a consent agreement with the Maine Board of Licensure based on charges of unprofessional conduct and providing false information. The Maine Board of Licensure issued a reprimand, fine, and 30-day suspension. Dr. Fallon’s license has been returned to active status, but the agreement imposes restrictions, including a probation period of 5 years, education requirements, and practice monitoring provisions.

The AAOS Board of Directors voted to suspend Dr. Fallon until he holds a full and unrestricted license to practice medicine.

George D.J. Griffin III, MD
Cincinnati, Ohio
AAOS Fellowship Suspended

In May 2010 the State Medical Board of Ohio issued an order that cited Dr. Griffin’s failure to conform to the minimal standards of care. The order suspended Dr. Griffin’s medical license for a 120 day period, with all but 30 days of the suspension stayed, and imposed restrictions of 3 years’ probation and education requirements. Dr. Griffin filed a motion in state court, and in February 2011 the court affirmed the Medical Board’s Order. Dr. Griffin then appealed the decision to the Ohio Tenth District Court of Appeals and in November 2011, the appellate court affirmed the judgment of the trial court. The Supreme Court of Ohio declined jurisdiction to hear the case in April 2012.

The AAOS Board of Directors voted to suspend Dr. Griffin until he holds a full and unrestricted license to practice medicine.

Daryl L. Kirkby, MD
Phoenix, Ariz.
Expelled

In July 2010, the Arizona Medical Board cancelled Dr. Kirkby’s medical license for failure to comply with the terms of its February 10, 2010, order.

The AAOS Board of Directors voted to expel Dr. Kirkby.

Kris Lewonowski, MD
Wichita, Kan.
AAOS Fellowship Suspended

In April 2012, Dr. Lewonowski entered into a consent order with the Kansas State Board of Healing Arts wherein his license to practice medicine was retroactively suspended with provisions for treatment and monitoring. Dr. Lewonowski’s license to practice medicine and surgery was returned to active status, but he is subject to treatment and monitoring provisions, which, in accordance with the consent order, remain in effect for at least 5 years.

The AAOS Board of Directors voted to suspend Dr. Lewonowski until he holds a full and unrestricted license to practice medicine.

Sabir Hussain Moghul, MD
Manchester, Conn.
Expelled

Dr. Moghul pled guilty to felony charges in June 2011. Additionally, he does not presently possess an active medical license.

The AAOS Board of Directors voted to expel Dr. Moghul.

Jon D. Norberg, MD
Fargo, N.D.
AAOS Fellowship Suspended

In July 2011, the Board of Medical Examiners for the state of North Dakota filed a complaint against Dr. Norberg for the improper administration of a medication, and his license was immediately revoked. Dr. Norberg entered a plea of not guilty to felony charges and is awaiting trial. The North Dakota Medical Board has placed Dr. Norberg’s medical license on indefinite suspension pending further review of his case.

The AAOS Board of Directors voted to suspend Dr. Norberg pending the disposition of his criminal trial.

John Reynolds, MD
Martinsville, Ind.
Expelled

In May 2011, the Indiana Board of Medical Licensing issued an order for indefinite suspension of Dr. Reynolds’ medical license. Additionally, he was convicted of the felony charge of practicing medicine without a license in August 2011.

The AAOS Board of Directors voted to expel Dr. Reynolds.

Matthew M. Tomaino, MD
Rochester, N.Y.
AAOS Fellowship Suspended

In November 2011, the New York Department of Health and Dr. Tomaino entered into a consent agreement. The agreement was based on the action taken by the New York Department of Health, which found that Dr. Tomaino changed or amended the patient consent form signed pre-operatively by a patient. Pursuant to the agreement, Dr. Tomaino was censured, reprimanded, and fined, and he remains under a 5-year probation wherein his practice will be monitored by an orthopaedic surgeon.

The AAOS Board of Directors voted to suspend Dr. Tomaino until he holds a full and unrestricted license to practice medicine.

For more information on the AAOS Professional Compliance Program, visit www.aaos.org/profcomp