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Wednesday, December 21, 2005

Ind. Decisions - Indiana medical and dental board actions [Updated]

Medical. An AP story earlier this week reported:

COLUMBUS, Ind. -- A doctor accused of growing marijuana in his home will be allowed to resume his practice under probation, the state Medical Licensing Board decided.

Dr. Arnaldo Trabucco and his wife, Pamela, still face a Jan. 17 trial in Bartholomew Superior Court on charges of possession of marijuana.

The state suspended the urologist's license indefinitely following the couple's arrest this spring. Police said they found marijuana growing equipment, 33 plants and bagged marijuana in the couple's home on April 28.

Evidence suggested that Trabucco, 49, was using the marijuana to treat his 50-year-old wife, who suffered from several documented illnesses including Ramsay Hunt Syndrome, a painful viral infection of the facial nerve, The Republic reported Sunday.

Dental. WLKI is reporting today:
ANGOLA) - An Angola dentist was given a legal setback this morning in Steuben County Circuit Court. Lawyers for Doctor Penny Dunlap had filed petitions earlier this month in hopes of getting a stay of the 90 day license suspension handed down against her early in November by the Indiana Board of Dentistry after State Attorney General Steve Carter claimed she misdiagnosed the number of cavities in three patients. Attorneys Beth Beech and Alan Stout also sought a judicial review of all of the procedures before the State Board issued its ruling claiming inadequate notice was given about the meeting at which Dunlap had her license suspended. But the state filed a motion Monday seeking a dismissal of the petitions filed by Dunlap's attorneys claiming Judge Allen Wheat did not have jurisdiction over the matter and that the Board of Dentistry was not done with Dunlap's case. Judge Wheat granted the state's motion during a brief hearing this morning. Dunlap is now scheduled to appear before the Indiana Dentistry Board on January 6th to determine the status of her suspension.
Earlier this month the AP reported:
A dentist suspended by the state because of allegations that she diagnosed patients with cavities that did not exist has asked a court to review the decision. * * *

Wednesday afternoon, Dunlap's lawyers, Allen Stout and Beth Beech, filed a petition for judicial review of the suspension. Steuben Circuit Judge Allen N. Wheat has been asked to stay the suspension proceedings and rule on whether the board acted within the law.

According to the petition, Dunlap was not given proper notice of the suspension hearing, and therefore any action taken by the board after the hearing notice is "void and illegal."

See also this Nov. 8th ILB entry titled "Angola dentist's attorney blasts suspension."

[Updated 12/22/05] Karen Hull of the Fort Wayne Journal Gazette has a story today - some quotes:

ANGOLA – An attempt by local lawyers to lift the 90-day license suspension of an Angola dentist was crushed Wednesday when Steuben Circuit Judge Allen Wheat ruled he didn’t have jurisdiction over the case.

Representing Penelope Dunlap, Angola attorneys Allen Stout and Beth Beech filed a petition Dec. 7 with Steuben Circuit Court to review the state suspension, claiming that it didn’t follow proper procedures.

Daniel J. Cavallini, a deputy attorney general with the state Attorney General’s Office, filed a motion in response to dismiss the case, saying that Wheat had no jurisdiction in the matter. * * *

Though he would have liked Dunlap to be able to immediately return to her practice, Stout said Wednesday he wasn’t frustrated with the decision.

“Judge Wheat’s ruling is not unfair either to the state government or to us,” he said. “The good thing about the ruling is the judge now recognizes the tremendous predicament … Dr. Dunlap is in with the state suspending her license for 90 days and then looking at suspending it for another 90 days.”

[Judge] Wheat questioned Cavallini about how many times the suspension hearings could occur. Cavallini replied that the state doesn’t want the issue to drag on endlessly. Dunlap and her attorneys will be able to argue their case, submit evidence and bring witnesses to the hearing Jan. 6, he said.

Posted by Marcia Oddi on December 21, 2005 12:52 PM
Posted to Ind. Adm. Bd. Decisions | Ind. Trial Ct. Decisions