June 3, 2009

The State Board of Chiropractors announced today disciplinary action against the following licensees:

  • Gary Curcio, Grantham, N.H.

The Board and Curcio have entered into a consent agreement under which Curcio has agreed to a censure on his license to practice as a chiropractor. Curcio also agreed to pay a $200 fine. Curcio admitted that he failed to establish and maintain adequate and accurate written clinical records in violation of Board regulations.

  • Lawrence Ferrara, Cambridge

The Board placed Ferrara's license to practice as a chiropractor on probation for two years. The Board and Ferrara entered into a consent agreement, whereby Ferrara admitted failing to meet his continuing education requirements. Additionally, Ferrara admitted that sufficient facts exist which could allow the Board to conclude Ferrara engaged in overutilization of practice and that he violated the Board's recordkeeping regulation. During the probationary period, Ferrara's practice will be audited by a Board-approved compliance auditor and monitored by a Board-approved clinical and administrative monitor. Ferrara must also complete 36 hours of continuing education and pay a $1,000 administrative fine.

  • Bruce Hirsch, West Newton

Massachusetts Chiropractor Bruce Hirsch recently was disciplined by the Board. He was placed on a period of monitored probation for 36 consecutive months, and he is required to pay the Board a $600 fine and complete 36 additional hours of continuing education. Hirsch memorialized this action in a written consent agreement, admitting that the Board could find that, while working at Newton Wellness Center in 2005, he failed to establish and maintain adequate and accurate written clinical records for a patient in his care, including failing to fully document the patient's case history, mechanism of injury, and the need for treatments rendered. Hirsch also admitted that the Board could find that his treatments of the patient were excessive in quality or amount to her needs and/or that he billed for treatment that was not reasonable and/or appropriate. Finally, Hirsch admitted that the Board could find that he failed to maintain the patient's clinical record, as well as various business records, for the requisite period of time (a minimum of seven years for chiropractors), and that he failed to provide the Board or its duly authorized representative a complete copy of the patient's clinical record upon its written request.

  • Jessica Fee, Gardner

The Board has placed a civil administrative penalty upon the license of Fee, in the amount of $200. Fee agreed to enter into a consent agreement in order to settle a case opened against her due to deficient continuing education credits.

  • Robert Condon, Haverhill

Massachusetts Chiropractor Robert Condon recently was fined $3,000 by the Board. Condon memorialized this action in a written consent agreement, in which he admitted that, while working at Condon Chiropractic Center in Haverhill in 2007, he failed to obtain a Massachusetts chiropractic facility license as required by 233 CMR 5.02(1) and Massachusetts General Law Chapter 112, Section 94A. Condon also admitted that he practiced chiropractic at the unlicensed facility on diverse dates that year. In addition, Condon admitted that from on or about April 1, 2007 through February 14, 2008, he failed to renew his personal license to practice chiropractic in Massachusetts. Condon admitted that this conduct constitutes engaging in the unlicensed practice of chiropractic.

  • Lisa M. Brinkman, Worcester

The Board has placed a civil administrative penalty upon the license of Brinkman, in the amount of $200. Brinkman agreed to enter into a consent agreement in order to settle a case opened against her due to deficient continuing education credits.

  • Paul McGee, Winthrop

Massachusetts chiropractor Paul McGee recently was disciplined by the Board. His license was suspended for a period of 36 consecutive months, all of which shall be stayed and treated as probation. During this time frame, McGee will be monitored by another Massachusetts chiropractor, who shall submit quarterly reports to the Board to ensure his compliance with Massachusetts laws and regulations governing the practice of chiropractic. In addition, McGee is required to pay the Board a $900 fine and complete 36 additional hours of continuing education.

McGee memorialized this action in a written agreement, admitting that, on diverse dates from June 2000 through February 2001, March 2002 through December 2002, and November 2003 through March 2004, his clinical records for 12 patients failed to meet professional standards. In addition, McGee admitted that the treatments he provided these patients were excessive in quality or amount to the patients' needs.

  • Vincent Greeno, Haverhill

Massachusetts Chiropractor Vincent Greeno recently was disciplined by the Board. He was formally reprimanded, and he is now required to pay the Board a $700 fine within the next 90 days. Greeno memorialized this action in a written consent agreement, admitting that while working as an associate chiropractor in 2007, he performed chiropractic services in an unlicensed chiropractic facility; namely, Condon Chiropractic Center located in Haverhill. Greeno further admitted that he failed to complete Board-required continuing education coursework for the April 1, 2006 through March 31, 2007 licensing period.

  • Deborah Hopkins, Eastham

The Board has placed a civil administrative penalty upon the license of Hopkins, in the amount of $200. Hopkins agreed to enter into a consent agreement in order to settle a case opened against her due to deficient continuing education credits.

  • David LeClerc, Westford

The Board and LeClerc have entered into a consent agreement, under which LeClerc's license to practice chiropractic in the Commonwealth of Massachusetts was fined $200. The consent agreement resolved allegations that LeClerc failed to complete Board-required continuing education coursework.

  • Brian Culliney, Lowell

The Board and Culliney have entered into a consent agreement, under which Culliney has agreed to surrender his license to practice as a chiropractor for a period of five years. Culliney admitted that some of the written clinical records for patients under his care were illegible and not self-explanatory and that improper charges were submitted under his name. Culliney also admitted that the Board found his conduct to be in violation of Board regulations. More specifically, the Board found that, among other things, Dr. Culliney's conduct was unprofessional; constituted deceit and gross misconduct; and constituted making false statements or misrepresentations of material fact in connection with applications or claims for payment of health care benefits. Culliney further admitted that the Board found that his conduct constituted grounds for disciplinary action for, among other things, engaging in conduct that is fraudulent; and engaging in, authorizing, or aiding or abetting, improper solicitations, inducements and referrals.

  • Timothy Bodzioch, Stoneham

Massachusetts Chiropractor Timothy Bodzioch recently was formally reprimanded by the Board and fined a sum of $300. Bodzioch memorialized this discipline in a written consent agreement, admitting that sufficient facts exist that could allow the Board to find a violation of 233 CMR 3.01 (regarding continuing education requirements) and 4.16 (regarding solo practice inspections).

  • Albert Bertrand, Lawrence

Massachusetts Chiropractor Albert Bertrand recently was disciplined by the Board. He was placed on a period of probation for two consecutive years, and he is required to pay the Board a $300 fine and complete 48 additional hours of continuing education in regulatory compliance and record-keeping. Bertrand memorialized this action in a written consent agreement, admitting that while working at Killeen Chiropractic in Lawrence, he failed to establish and maintain adequate and/or accurate written clinical records for a patient in his care. Specifically, Bertrand admitted that he failed to adequately document the patient's case history and his chiropractic findings, including his clinical impressions and assessments, as well as his treatment plans, initial evaluation, re-evaluations, and/or final evaluations. Bertrand further admitted that he failed to adequately document the details of all supportive procedures or therapies when performed on the patient. In addition, Bertrand admitted that he failed to present the Board with information evidencing the satisfactory completion of his 12 hours of continuing education courses and/or seminars for the one-year registration period from April 1, 2006 through on or about March 31, 2007.

  • David S. Masztal, Ludlow

Masztal agreed to a formal reprimand of his license to practice as a chiropractor, to pay a $400 fine, and to complete 24 additional continuing education credits, in order to resolve allegations that he failed to provide medical records to his patient in a timely manner, charged an unreasonable fee for a narrative report, failed to obtain the continuing education credits required to renew his license, and falsely asserted in his renewal application that he had obtained the continuing education credits required to renew his license when he had not.

  • Gregory T. Wright, West Harwich

Wright agreed to pay a $200 fine and obtain 12 additional continuing education credits in order to resolve allegations that he failed to obtain the continuing education credits required to renew his license and falsely asserted in his renewal application that he had obtained the continuing education credits required to renew his license when he had not.

  • William Rice, Revere

Massachusetts chiropractor William Rice recently was disciplined by the Board. His license was suspended for a period of 36 consecutive months, all of which shall be stayed and treated as probation. During this timeframe, Rice will be monitored by another Massachusetts chiropractor, who shall submit quarterly reports to the Board to ensure his compliance with Massachusetts laws and regulations governing the practice of chiropractic. In addition, Rice is required to pay the Board a $700 fine and complete 36 additional hours of continuing education.

Rice memorialized this action in a written agreement, admitting that, on diverse dates from November 2000 through January 2001, October 2001 through January 2002, and April 2002 through January 2004, his clinical records for 10 patients failed to meet professional standards. In addition, Rice admitted that the treatments he provided these patients were excessive in quality or amount to the patients' needs.

  • Michael Marcello, Morristown, N.J.

The Board has entered into a settlement with Marcello, in which he agreed to make up deficient hours of continuing education credits within 60 days of the execution of his settlement.

Consumers are urged to visit the Division of Professional Licensure's website at http://www.mass.gov/dpl/ and select the check a license option to determine whether a professional they are considering doing business with is licensed and in good standing.

The Division of Professional Licensure is a regulatory agency within the Office of Consumer Affairs and Business Regulation. The agency is responsible for ensuring regulatory compliance and the integrity of the licensing process for approximately 330,000 licensees across 43 trades and professions under the jurisdiction of 31 boards of registration.