RELEASE: DCCA DISCIPLINARY ACTIONS (Through July 2020)

 DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS

 OFFICE OF ADMINISTRATIVE HEARINGS

 DAVID Y. IGE GOVERNOR

CATHERINE P. AWAKUNI COLÓN DIRECTOR

FOR IMMEDIATE RELEASE August 14, 2020

DCCA DISCIPLINARY ACTIONS (Through July 2020)

HONOLULU – The state Department of Commerce and Consumer Affairs (DCCA) and the state Boards and Commissions released a summary of disciplinary actions through the month of July 2020 taken on individuals and entities with professional and vocational licenses in Hawaii.  These disciplinary actions include dispositions based upon either the results of contested case hearings or settlement agreements submitted by the parties.  Respondents enter into settlement agreements as a compromise of claims and to conserve on the expenses of proceeding with an administrative hearing.

The DCCA and the Boards and Commissions are responsible for ensuring those with professional and vocational licenses are performing up to the standards prescribed by state law.

BOARD OF NURSING

Respondent:        Tameka D. Mitchell Case Number:     RNS 2016-7-L Sanction:               Voluntary surrender of license Effective Date:     7-9-20

On or about July 31, 2019, RICO filed a Petition for Disciplinary Action alleging that Respondent violated, in part, the following statute(s) and/or rule(s): HRS §§ 436B-19(7), (8), (12), (13) and (15) and 457-12(a)(6), (8) and (10); and HAR § 16-89-60(5).  (Board approved Settlement Agreement.)

Respondent:        Maribelle D.S. Agustin, R.N. Case Number:     RNS 2017-24-L Sanction:               License probation, $500 fine and continuing education Effective Date:     7-9-20

RICO alleges that Respondent did not take appropriate action with regard to M.T.’s (a care home resident) pressure ulcer, or open sore, notwithstanding the instruction by M.T.’s primary care physician as to proper care of the pressure ulcer, in possible violation of HRS § 457-12(a)(6) and HAR § 16-89-60(6)(D).  (Board approved Settlement Agreement.)

Respondent:        Teri L. Peterson (Hawaii) Case Number:     RNS 2017-42-L Sanction:              $500 fine Effective Date:     7-9-20

RICO alleges that on or about October 9, 2018, Respondent was convicted of Driving While License Suspended or Revoked.  Despite the conviction, Respondent allegedly answered “No” to the question on her 2019 license renewal application form that asked: “In the past two years have you ever been convicted of a crime for which the conviction has not been annulled or expunged?”, in possible violation of HRS §§ 457-12(a)(1), (6) and (11).  (Board approved Settlement Agreement.)

Respondent:        Erlinda Y. Iloreta (Kauai) Case Number:     RNS 2014-33-L Sanction:               License probation, $1,500 fine and continuing education Effective Date:     7-9-20

RICO alleges that in her duties as case manager, Respondent engaged in unprofessional conduct, including failing to complete comprehensive assessments of the patient, failing to adequately monitor and supervise the patient’s care, failing to follow-up with the patient’s physician, and failing to promptly and accurately document the patient’s condition and care in the service plan, flow sheets, progress notes and medication chart, in possible violation of HRS § 457-12(a)(6) and HAR §§ 16-89-59, 16-89-60(6) and 16-89-60(7).  (Board approved Settlement Agreement.)

Respondent:        Cheryl C. Amyx, R.N, A.P.R.N. Case Number:     RNS 2019-35-L Sanction:              $500 fine Effective Date:     7-9-20

RICO alleges that on or about December 10, 2015, Respondent administered Botox and Juvederm to a patient on Kauai and at no time has Respondent been an authorized prescriber in the State of Hawaii, in possible violation of HRS § 457-12(a)(6) and HAR § 16-89-60(7)(E).  (Board approved Settlement Agreement.)

Respondent:        Cheryl A. Alega a.k.a. Cheryl A. Alega-Chiong Case Number:     RNS 2020-4-L Sanction:               Comply with the California Order, $1,000 fine Effective Date:     7-9-20

RICO alleges that Respondent was disciplined by the Board of Registered Nursing Department of Consumer Affairs, State of California, in possible violation of HRS §§ 436B-19(13) and 457-12(a)(8).  (Board approved Settlement Agreement.)

Respondent:        Margaret M. McLaughlin (Hawaii) Case Number:     RNS 2019-43-L Sanction:              $500 fine Effective Date:     7-9-20

RICO alleges that on or about April 4, 2018, Respondent was convicted of Driving Under the Influence of Alcohol.  Despite the conviction, Respondent allegedly answered “No” to question #3 on her 2019 renewal application for her licensed registered nurse license that asked: “In the past 2 years have you been convicted of a crime in which the conviction has not been annulled or expunged?”, in possible violation of HRS §§ 436B-19(2) and (12) and 457-12(a)(11).  (Board approved Settlement Agreement.)

BEHAVIOR ANALYST PROGRAM

Respondent:        Annette H. Chew Case Number:     BEH 2018-4-L Sanction:              $250 fine Effective Date:     7-17-20

RICO alleges that in August of 2018, Respondent failed to inform her client of the client’s rights and of the grievance process, in possible violation of Section 2.05(d) of the Professional and Ethical Compliance Code for Behavior Analysts and HRS § 465D-11(a)(7).  (Director approved Settlement Agreement.)

REAL ESTATE APPRAISER PROGRAM

Respondent:        Yvette K. Uekawa Case Number:     REA 2019-8-L Sanction:             $1,000 fine and complete education courses Effective Date:     7-10-20

RICO alleges that Respondent made errors on a Uniform Residential Appraisal Report (“URAR”) and may have certified falsely in the Appraiser’s Certification section of the URAR, to several things including but not limited to having performed the appraisal in accordance with the Uniform Standards of Professional Appraisal Practice requirements, in possible violation of HRS §§ 466K-4(a), 436B-19(7) and 436B-19 (17) and HAR §§ 16-114-106(4) and 16-114-106(5).  (Director approved Settlement Agreement.)

Copies of the decisions are available online at: https://cca.hawaii.gov/oah/oah_decisions/

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Media Contact: Jayson Horiuchi Communications Officer Department of Commerce and Consumer Affairs Email: [email protected] Phone: (808) 586-7582