September 13, 2012
PDT Staff Writer
The Ohio State Medical Board was in the process Thursday of sending a letter to former Wheelersburg pain clinic operator, Dr. Margy Temponeras, advising her the board approved a citation at its Wednesday meeting, based on the Drug Enforcement Administration (DEA) to revoke her DEA certificate on Aug. 31, 2012; and on her prescribing controlled substances to a patient while in a personal relationship with the patient, and that the Board intends to determine whether or not to limit, revoke, permanently revoke, suspend, refuse to register or reinstate her certificate to practice medicine and surgery, or to reprimand her or place her on probation.
Temponeras was one of four physicians who had their Drug Enforcement Administration certificates suspended following an investigation by federal, state and local law enforcement agencies on pain clinics in Scioto County on May 17, 2011. The other doctors included Temponeras’ father, Dr. John Temponeras, Dr. Mark Fantazuzzi and Dr. Michael Dawes. Dr. John Temponeras eventually surrendered his license.
The Medical Board indefinitely suspended Margy Temponeras’ license due to the DEA’s Order to Show Cause and Immediate Suspension of her DEA registration and that suspension remains in effect.
According to the citation, on or about Jan. 11, 2012, the Board issued an Entry of Order, with an effective date of Jan. 27, 2012, that suspended her certificate to practice medicine and surgery for an indefinite period of time for a violation of Section 4731.22(B)(24), Ohio Revised Code. Effective Aug. 31, 2012, her DEA certificate of registration was revoked, and any pending application to renew or modify her registration was denied.
The citation goes on to say that at a hearing on Oct. 20, 2011, Temponeras’ attorney called a witness, referred to in documents as Patient 3, on her behalf.
The citation cites a DEA Order that reads - “Patient 3 testified that you had prescribed controlled substances to him, and that such prescribing occurred at the same time you were in a personal relationship with him. Further, your prescribing of controlled substances to Patient 3 was not in an emergency situation.”
The DEA order reads that Diversion Investigator Albert testified at the hearing as a part of her investigation that she reviewed ARCOSsystem data pertaining to all the Oxycodone products Temponeras had ordered from the opening of the dispensary in 2008 until her last order in May of 2011, finding a total of “approximately 1.6 million dosage units” of Oxycodone.
In accordance with Chapter 119 of the Ohio Revised Code, the letter advises Temponeras she is entitled to a hearing, and if she wishes to request such a hearing, the request must be made in writing and must be received in the offices of the State Medical Board within 30 days of the mailing of the notice. It further advises that, if she requests a hearing in a timely manner, she is entitled to appear at the hearing in person, or by her attorney, or by such other representative as is permitted to practice before that agency, or she may present her position, arguments, or contentions in writing, and that at the hearing she may present evidence and examine witnesses appearing for or against her.
The letter goes on to says if no request for a hearing is received within 30 days, the State Medical Board may, in her absence and upon consideration of the matter, determine whether or not to limit, revoke, permanently remove, suspend, refuse to register or reinstate her certificate to practice medicine and surgery or to reprimand her or place her on probation.
Frank Lewis may bde reached at 740-353-3101, ext. 232, or at email@example.com