More than 250 doctors are licensed by the Virginia medical board despite records of serious mistakes or misconduct, a review of board actions since 1990 shows.

 "It has been clear for some time now that Virginia is protecting physicians more than patients

''EVEN CONVICTED FELONS CAN PRACTICE MEDICINE

DOCTORS CAN PRACTICE EVEN AFTER "GROSS" CARELESSNESS

...the Board of Medicine does not adequately protect the public from substandard care by physicians

...compare impaired or unethical practitioners to drunken drivers -- few in number but a threat to many people

 Among those still licensed: - A Norfolk physician who injected cancer patients with medicine made with tiny amounts of their own feces. - An Abingdon surgeon who accidentally cut out most of a woman's bladder and lost another patient just hours after a hysterectomy. - A Winchester ear, nose and throat specialist who fondled six young boys during office visits. - An Army doctor imprisoned for sexual battery of two underage girls during examinations. - A Norfolk doctor imprisoned for murdering his wife with a .22-caliber rifle.

An analysis of the National Practitioner Data Bank, which tracks physicians, found at least 70 Virginia doctors who have been disciplined five or more times by state and federal authorities, hospitals or professional societies. Only 28 of them lost their licenses. The Board of Medicine's executive director, Dr. William L. Harp, said state law forbids him or any board member from discussing individual cases or decisions. Robert Nebiker, director of the Virginia Department of Health Professions, which includes the Board of Medicine, said he does not feel comfortable second guessing'' past decisions without reviewing all the evidence. He said the board takes its responsibility for policing doctors seriously and revokes licenses only after careful consideration. "A lot of money goes into making a health-care professional, and there aren't enough of them to go around,'' Nebiker said. "So when you kill one off, you are potentially losing a scarce resource.'' The Virginia Board of Medicine, a state body whose 18 members are appointed to four-year terms by the governor, licenses more than 25,000 physicians and osteopaths. It can vote to reprimand doctors, fine them, place them on probation, suspend them or revoke their licenses. Nebiker noted that the worst examples of physician misconduct represent a small fraction of the total number of cases that the board reviews. Although patient advocates stress that the vast majority of doctors are capable and honest, they compare impaired or unethical practitioners to drunken drivers -- few in number but a threat to many people. The General Assembly this month is considering a bill introduced by Del. Winsome E. Sears of Norfolk and another by Gov. Mark R. Warner that address how the state medical board operates. "We're trying to rein in the bad doctors, but at the same time you have to rein in the Board of Medicine and the hospitals,'' said Sears, a Republican. "This is about saving lives.'' Sears, who became interested in the issue last year after reading a report in The Virginian-Pilot about an incompetent Virginia Beach surgeon, said there have been wide-ranging problems with doctor discipline for years. "It's not just about one doctor,'' she said. "It's a whole host of people.'' In 1999, an audit by the Joint Legislative Audit and Review Commission, the watchdog arm of the General Assembly, concluded that the Board of Medicine does not adequately protect the public from substandard care by physicians.'' For too long, critics say, the medical system has focused on protecting careers rather than consumers. "The patient should always be put first,'' said Dr. AlanLevinstone, an internist on the ethics committee at Inova Fair Oaks Hospital in Northern Virginia. "It's not just the Board of Medicine. It's the politicians and the people in Virginia who have not demanded a better system.'' BOARD RARELY REVOKES LICENSES FOR INCOMPETENCE Goettert case Dr. Judith Goettert of Abingdon Practice area: Family practice and gynecology Medical school: University of Health Sciences, College of Osteopathic Medicine, Kansas City, Mo. Year completed: 1984 Virginia law makes it difficult for the Board of Medicine to revoke a physician's license. Nurses, dentists and others can lose their licenses for "simple'' negligence, such as a single careless act. But doctors must be found guilty of "gross'' negligence, such as a pattern of several serious mistakes. A dozen patients suffered serious complications and another died after surgery by Dr. Judith Goettert, according to a board order, a formal document in which medical officials record their legal findings and disciplinary actions. The October 2000 order catalogs Goettert's mistakes: - Accidentally removing most of a woman's bladder. - Operating on a pregnant woman after "overlooking'' her pregnancy test. - Accidentally tying off a woman's ureter, the tube that carries urine from the kidney to the bladder. - Perforating the uteruses of three patients. - Dropping a uterus on the floor during a hysterectomy, then contaminating her gloves and sterile instruments by picking up the organ and placing it on a table, according to a hospital incident report. When meeting with the medical board, Goettert later said that she caught the uterus in her lap. One of the doctor's patients, Sharon Raye Santolla, died just hours after surgery. In 1999, Goettert settled a civil lawsuit filed by relatives of Santolla, who died after a hysterectomy at Russell County Medical Center in Lebanon, Va. Goettert agreed to pay the woman's family $225,000. "People like this should not be allowed to practice medicine,'' said Charles Inlander, president of a national consumer group called the People's Medical Society. "It certainly isn't very reassuring to people like you and me. There should be no room for this in medicine.'' In 2000, the medical board placed Goettert on probation and allowed her to continue practicing, with the exception of obstetric and gynecology surgeries. Last year, Goettert told the board that she had given up obstetric and gynecological surgery, no longer had hospital privileges and planned to see patients only in her office. She said she was pursuing not only conventional medicine but homeopathy, a widely disputed type of treatment in which minute quantities of natural substances are administered to improve the body's defense against disease. Goettert declined to be interviewed for this story. On Aug. 6, 2002, the board ended her probation and restored her license to "full and unrestricted status.'' Sen. Janet Howell of Reston said such stories demonstrate the need for change. "It has been clear for some time now that Virginia is protecting physicians more than patients,'' said Howell, a Democrat. "The upshot has been true horror stories of patients suffering from actions of physicians. . . . It always seemed that the department bent over backward to defend the doctor.'' DOCTORS CAN PRACTICE EVEN AFTER "GROSS" CARELESSNESS. The Dunkwu case Dr. Anthony A. Dunkwu of Alexandria Practice area: Obstetrics and gynecology Medical school: University of Florida College Of Medicine, Gainesville Fla. Year completed: 1973 Even doctors whose records meet the gross negligence'' standard are sometimes allowed to keep practicing. Dr. Anthony A. Dunkwu of Alexandria received only a public reprimand -- the mildest type of sanction -- after botching an abortion. Dunkwu scheduled the procedure in March 2000 after estimating that his patient was about 10 weeks pregnant. Although he performed a pelvic examination, he did not order a sonogram, according to a board order. Medical experts say sonograms are not required in the first trimester, although Hampton Roads abortion providers say they perform them routinely. Experts say the procedures are recommended in the second trimester. Dunkwu began the procedure in his office using a local anesthetic. The abortion quickly went wrong. The board order states that Dunkwu believed he might have perforated the woman's uterus and stopped the procedure. A member of his staff took the patient to Inova Alexandria Hospital so that he could complete the abortion under general anesthesia. Dunkwu examined the woman again. This time, he estimated her pregnancy at 12 to 13 weeks. According to the board order, Dunkwu could feel a separate mass, which he identified as a fibroid,'' a common type of benign uterine tumor. He cut open the woman's abdomen and, according to the board order, discovered that the mass'' he had mistaken for a tumor was actually the uterus. He cut open the woman's uterus and removed a lifeless male fetus weighing about 2.7 pounds. Dunkwu estimated that it was 20 to 22 weeks old. In fact, the fetus was 30 weeks old. Babies delivered prematurely at that age and size usually survive. Alexandria Hospital placed Dunkwu's clinical privileges on probation for 29 days, the board order shows. Punishments that last 30 days or longer generally have to be reported to the National Practitioner Data Bank, a registry created by Congress in 1990. Only about 40 percent of hospitals have ever filed a report. In 2001, when Dunkwu faced the Board of Medicine, he admitted to making "an unintentional mistake.'' He also noted that he had begun routinely performing sonograms for more of his patients considering abortion, according to the board order. An informal board committee found Dunkwu to have been "grossly careless,'' according to the board order, and reprimanded him. Dunkwu did not return telephone calls for this story. Some state officials have questioned the medical board's decision. "In cases like this, the public is not being protected at all,'' said Del. Robert G. Marshall, a Manassas Republican. "We are elected to be guardians of the public good. If we are not going to pay attention when the public is not being protected, then we bear responsibility and we should pay.'' SEX ABUSE OF CHILDREN FAILS TO TRIGGER REVOCATION The Timberlake case Dr. Byron B. Timberlake of Winchester Practice area: Otolaryngology (ear, nose and throat) Medical school: Ohio State University College of Medicine and Public Health, Columbus, Ohio Year completed: 1964 Virginia's medical board is not limited to disciplining doctors for incompetence. Only 3 percent of investigations involve medical care alone, according to the 1999 state audit. The board also can act in cases of unprofessional conduct. For example, doctors can lose their licenses for selling drugs or assaulting patients. A review of the cases of more than 600 doctors and thousands of pages of records, however, found that the agency allows more than 40 doctors to practice medicine despite offenses such as sleeping with patients, seducing teenage girls or sexually harassing co-workers. About 90 doctors hold licenses in spite of substance abuse or improperly prescribing drugs. According to board orders: - Dr. Daniel M. Calhoun Jr. struck a surgical patient at Riverside Regional Medical Center in Newport News in 1992. In 1994, he struck a surgical patient, swore and knocked surgical instruments to the floor. - Dr. Fang S. Horng, a Luray surgeon, fathered a child with a patient. - Dr. Antony Joseph, a Richmond psychiatrist, impregnated a former patient and then told her to get rid of it.'' And then there is the case of Dr. Byron B. Timberlake. Board members concluded that he fondled six boys between the ages of 6 and 13. The board could have taken Timberlake's license but instead allowed the Winchester ear, nose and throat specialist to continue practicing. The abuse began nearly a decade before Timberlake appeared at a formal hearing of the medical board in 1985, according to an official board order. Timberlake saw an adolescent boy 22 times between 1975 and 1977, according to the board order. On nearly every visit, he took the child to an operating room alone. Out of sight of the boy's parents or his staff, he fondled the boy's genitals and, on one occasion, placed his ear on the child's belly below the navel. Timberlake got another child alone by telling his mother that he planned to check the boy's lungs in a different room. Board officials ruled that Timberlake's bizarre behavior had nothing to do with a legitimate exam. Officials found that he routinely examined boys' genitals behind closed doors while a nurse or other staff member waited outside. At his hearing, Timberlake testified that he preferred not to examine children in front of their mothers or chaperones because the male adolescent patient would feel awkward and embarrassed.'' Timberlake did not return telephone calls for this story. He was arrested in December 1983 and charged with committing aggravated sexual battery on a child under 13. A jury found him not guilty in June 1984. The family of an 11-year-old boy filed a civil suit against Timberlake in 1985. The doctor settled the suit two years later. In the lawsuit, filed in Winchester Circuit Court, the boy's family charged that the "conduct of the defendant was of such a nature as to shock the conscience of reasonable men.'' Yet the board was forgiving. Medical officials found Timberlake "guilty of fraud or deceit'' and unprofessional conduct, ruling that his treatment of the six children was "contrary to the standard of ethics,'' according to the board order. He was further found to have practiced medicine "in such a manner as to make his practice a danger to the health and welfare of his patients.'' Authorities revoked Timberlake's license but immediately"stayed'' the revocation, placing the doctor on indefinite probation, according to the board order. Officials ordered him not to treat boys under 18 and to see a psychiatrist. The board commonly issues one sanction and replaces it with another if it believes there are mitigating circumstances, director Nebiker said. The next year, in 1986, the board allowed Timberlake to begin treating young boys again. Officials required that such visits take place "in the presence of an appropriate chaperone, preferably a parent,'' according to a board order. To protect the identity of her son, the mother who sued Timberlake asked that her name not be used. She is still angry that the board allows Timberlake to practice and worries that other parents may not be aware of his history. "We had such a sound case,'' she said. "It's just astounding.'' In 1990 -- five years after the board found him guilty -- Timberlake was taken off probation, and his license was "reinstated with all attendant rights and privileges,'' a board order shows. There are no restrictions on his ability to see children. PHYSICIANS ALLOWED TO USE DISCREDITED TREATMENTS The Speckhart case Dr. Vincent J. Speckhart of Norfolk Practice area: Internal medicine and oncology Medical school: New York Medical College, Valhalla, N.Y. Year completed: 1958 Dr. Vincent J. Speckhart's unusual brand of medicine has attracted the attention of state investigators. At one time, the Norfolk oncologist treated cancer patients with vaccines made with minute quantities of their own urine and feces, a board order shows. He also has used a non-standard, experimental procedure called "electro-acupuncture of vol,'' in which machines are supposed to measure patients' electrical activity as a way to diagnose disease. In 1993, the board concluded that some of Speckhart's treatments had no "accepted therapeutic purpose'' and were "contrary to sound medical judgment,'' according to an official order. The board found that Speckhart, who declined to comment, violated Virginia law, conducted his practice unethically and endangered patients, according to the order. He was instructed to stop using the unusual vaccines and to use the acupuncture procedure only as part of formal clinical trials. The board voted to arrange an audit of Speckhart's practice and placed him on probation, which lasted until 1998. Speckhart was quoted in The Virginian-Pilot after his 1993 hearing as saying, "I am grateful to the board for its concern, patience and diligence in looking after their patients. I feel vendicated . . . I am a good physician." The family of Navy Cmdr. Robert A. Rizzi, a 48-year-old cancer patient who died after being treated by Speckhart, filed suit against the physician in Norfolk Circuit Court. In 1996, a jury in 1996 found in the family's favor. The lawsuit asserted that Rizzi, a Hampton Roads father of three, was "deprived of a substantial chance of a better result" and that he died as a direct result of Speckhart's "failure to comply with the applicable standards of care.'' Rizzi's widow said she's shocked that Speckhart is still practicing. "When you have a family member with cancer, you're pretty desperate,'' said Victoria Rizzi. "He sure had us fooled.'' DOCTOR'S MEDICAL LICENSE TAKEN ONLY AFTER INCOME TAX EVASION The Zamzam case Dr. Salih M. Zamzam of Grundy Practice areas: Otolaryngology, orthopedic surgery, gynecology Medical school: American University of Beirut, Lebanon Year completed: 1967 The Internal Revenue Service accomplished what the Board of Medicine had long refused to do -- keep Dr. Salih M. Zamzam away from patients. Zamzam had been investigated repeatedly throughout the 1990s. For years, the board chose not to suspend his license, even after concluding that he may have contributed to a patient's death. The Grundy, Va., surgeon was finally removed from practice in 1997 when he was incarcerated after his conviction for felony tax evasion. Yet charges about his ethics and competence date to 1990. That's when Zamzam groped three female patients under the pretext of legitimate medical exams, according to an official board notice that spelled out the charges against him. In one of the cases, prosecutors charged, Zamzam pulled a woman's pants down to her knees and, while standing behind her, reached under her clothes to grope her breast and pressed his penis against her buttocks. In 1993, Zamzam -- whose practice ranged from gynecology to orthopedic surgery to ear, nose and throat operations -- signed a consent order, which is somewhat like a no-contest plea. The board placed his license on indefinite probation. In its final order, however, the board deleted all of the graphic details of Zamzam's behavior toward the three women. Instead, it recorded only that he "acted unprofessionally and in a sexually inappropriate manner.'' The terms of Zamzam's probation required him to use a female chaperone when treating women and to comply with other restrictions. In the same consent order, the board found that Zamzam had improperly prescribed Methadone -- used as a substitute for heroin when treating addicts -- along with a barbiturate called Butalbital. "This treatment was without accepted therapeutic purpose and injurious'' to the patient, who died two days later of "multiple drug poisoning,'' the board order states. Two years later, board prosecutors accused Zamzam of performing a mastectomy on a woman's right breast based partly on the results of a mammogram without performing a biopsy to verify that the woman really had cancer, according to an official notice. Fewer than 30 percent of women with suspicious mammograms actually have the disease. The woman was cancer-free, and Zamzam had needlessly cut off a healthy breast, the notice states. In 1995, the board issued an order faulting Zamzam in his administration of drugs but postponed a decision about the mastectomy. Board officials voted to allow an audit committee to review the case and decided that Zamzam should remain on probation. In a recent telephone interview, Zamzam said he offered to perform the mastectomy in part because the woman was small-chested and a biopsy would have "deformed'' her breast. The woman already had lost one breast to cancer. "I said, 'If you let me do the mastectomy, you don't have to worry about further follow-ups or breast exams every year,' '' Zamzam said. "The board won't listen to the facts. This lady was sort of money hungry. She would have been happy to have had cancer so she could collect money from the insurance company.'' Authorities in New York, where Zamzam also held a license, were far more severe than their Virginia counterparts. When one medical board disciplines a doctor, officials in other states where he or she holds a license typically sanction the practitioner as well. Based on Virginia's findings, a hearing committee in New York voted to revoke Zamzam's license, ruling that "the serious nature of the offenses and the absence of mitigating factors made revocation the only appropriate sanction.'' Virginia's board finally suspended Zamzam's license in 1997, after the doctor was convicted of tax evasion in U.S. District Court in the Western District of Virginia. Zamzam said he served two years in jail because of the conviction. He blamed his tax problems on his accountant, who has since died. Zamzam petitioned the board for reinstatement in 1999. By then, a board order states, he was on supervised release from prison. The board -- which had finally made a decision on the mastectomy case, finding Zamzam negligent -- rejected his request. Zamzam applied for reinstatement most recently in 2000. The board turned him down. He said he hasn't given up hope, however. He plans to take a standardized competency exam for practicing doctors to prove his fitness to Virginia officials. "If they really cared for the public and the patients, they would almost immediately reinstate my license,'' Zamzam said. "Almost every day I get 20 calls from patients asking me,'When are you coming back?' '' EVEN CONVICTED FELONS CAN PRACTICE MEDICINE The Schorr case Dr. Julian B. Schorr of Scarsdale, N.Y., formerly of Norfolk Practice areas: Pediatrics, blood banking, hematology, oncology, sports medicine Medical school: Columbia University College of Physicians and Surgeons, New York, N.Y. Year fellowship completed: 1951 Current Virginia law allows doctors whose licenses have been revoked to apply for reinstatement after only one year. In some cases, that leniency allows even those convicted of violent crimes to quickly return to practice. A review of public board documents turned up more than 30 convicted felons licensed by the state of Virginia. State law requires health officials to suspend the license of any doctor convicted of a felony, Nebiker said. But Virginia also demands that the board give the doctor a fair hearing at its next meeting, where the practitioner can ask to be reinstated. "Obviously, when anyone is convicted of a felony it's serious, and it indicates conduct that you may not want in someone providing you health care,'' Nebiker said. "I could certainly understand why someone might be concerned about it.'' The majority of felons licensed by the Virginia medical board committed nonviolent offenses such as tax evasion. Dr. Julian B. Schorr's license was revoked in 1979 after a Norfolk Circuit Court jury convicted him of second-degree murder. Schorr was sentenced to eight years in prison after shooting his wife twice in the chest with a .22-caliber rifle in their Edgewater home. Schorr admitted to the January 1978 shooting but claimed he fired in self-defense after his wife attacked him with a knife during an argument. The couple had played a prominent role in the community. Schorr, who had directed the Tidewater Regional Red Cross Blood Program, was also a professor at Eastern Virginia Medical School and sometimes served as a consultant for medical cases around the world. Board members voted to revoke Schorr's license shortly after his conviction. At the hearing, some doctors said they were sensitive to criticism that -- even then -- the board was too lenient with physicians. Dr. Eugene O.S. Stevenson of Fairfax was quoted in The Virginian-Pilot at the time as saying that the board should send a message that it was committed to rooting out bad doctors. "We have child molesters, murderers and frauds whose licenses have not been revoked,'' Stevenson said. "This is one of the reasons that this board has received criticism for not taking strong positive action.'' Schorr served two years in prison. Nine years after his wife's murder, however, the board voted to reinstate his license and place him on probation. In 1990, the state board voted to end Schorr's probation and reinstate him without restriction. In an interview, Schorr said he now works part time practicing sports medicine in Scarsdale, N.Y., an affluent Manhattan suburb, and also serves as a pediatrician for a foster-care agency in Irvington, N.Y. He said the board made the right decision. "The crime I committed was a domestic crime which has an almost zero rate of recidivism, and it was not connected to my medical career,'' Schorr said. "I paid my penalty to the community. I was a good physician.'' A DOCTOR CONVICTED OF FELONIES DIRECTLY RELATED TO PATIENT CARE IS ALLOWED TO KEEP WORKING The Talbot case Dr. Asa Talbot, Jolivert, Haiti Surgery: Head and neck, allergy, ophthalmology, otolaryngology, plastic surgery within the head and neck, facial plastic surgery, general practice, pediatrics, allergy Medical school: Indiana University School of Medicine, Indianapolis Year completed: 1965 Unlike Timberlake and Zamzam, who were never found guilty in a criminal court of harming patients, Dr. Asa Talbot was convicted of sexually abusing those in his care during exams. In 1988, Talbot was convicted by a U.S. District Court in Tennessee of one count of aggravated sexual battery and another count of sexual battery, according to court records. Talbot pleaded guilty to fondling two underage girls from May to June 1985 while serving as an Army medical officer at Fort Campbell, Ky., according to a board order. Talbot fondled a 17-year-old girl during an examination after a tonsillectomy. He also groped the pubic area of an 11-year-old girl during an ear, nose and throat examination. This wasn't the first time Talbot had been accused of sexual misconduct. A board order reports that he was accused of kissing a patient as she came out of anesthesia in 1977 while he was in private practice in Harrisonburg. Talbot denied the allegations, which were never proven. In 1979, executives at Rockingham Memorial Hospital in Harrisonburg found that Talbot conducted himself "in an inappropriate and unprofessional manner'' with two female patients, according to the board order. The hospital placed his privileges on probation for a year and required him to have a chaperone when examining women or girls. Talbot was reprimanded by the commanding officer at Fort Campbell for his behavior toward three female subordinates in 1984 and 1985, according to the board order. He repeatedly made offensive sexual comments to the women, solicited sexual favors, and kissed and fondled them. After his conviction, Talbot was dismissed from the Army with a "less than honorable'' discharge, according to the board order. The Virginia Board of Medicine revoked Talbot's license in 1988, then restored it two years later and ordered him to undergo counseling and fulfill other requirements. A board order shows that Talbot's probation ended in 1994. Today, Talbot works in Jolivert, Haiti, at Missions of Love Inc., a religious charity. Dr. Robert Johnson, the mission's president, said he's aware of Talbot's conviction. Talbot uses a chaperone when treating children, Johnson said. "We count him to be a real asset to our mission,'' Johnson said. "He has a very special place in his heart for Haitians, especially the children.'' EVEN WHEN DOCTORS LOSE THEIR LICENSES, IT MAY NOT BE FOR LONG The Tanksley case Dr. Marion H. Tanksley, Fulton, Texas, formerly of Saluda, Va. Practice areas: Osteopathic medicine Medical school: Des Moines University, Osteopathic Medical Center, Des Moines, Iowa Year completed: 1968 The Virginia Board of Medicine heard the case of Dr. Marion H. Tanksley only after a military court-martial had found him guilty of several serious crimes. While the Navy's sanction was permanent, the Virginia board reversed itself after only five months. In March 1995, Tanksley, a Navy captain, was court-martialed and convicted of taking indecent liberties with a minor, according to a board order. The child was his 6-year-old daughter. Tanksley, an osteopathic physician, was convicted of two other felonies, including lying on official military documents and obstructing justice. A seven-member Navy panel found that he intimidated witnesses and lied about prior charges that he had driven drunk, physically abused his wife and sexually abused his daughters, had his medical privileges suspended and had been sued for malpractice, a board order shows. Tanksley, now 65, had served as the administrative director of the Oceana Branch Medical Clinic. He spent eight months before trial in the brig at the Norfolk Naval Station and 19 more in the federal penitentiary at Fort Leavenworth. He was dismissed from the Navy. At the court-martial, military prosecutors argued that Tanksley's crimes began years earlier. Tanksley's ex-wife, Loni Kemp, said he terrorized her and kept her from speaking out about his abuse of their daughters. Kemp said Tanksley has four daughters with her and a fifth daughter with a later wife. Tanksley's two older daughters had run away from home as teenagers, according to a decision by the U.S. Court of Appeals for the Armed Forces. One of those daughters testified during the appeal that Tanksley began molesting her in the bathtub in the 1960s, when she was 3 or 4 years old, and raping her when she was 9 or 10. The abuse continued, she testified, until she ran away from home at age 17 in 1978. This daughter contacted Virginia authorities in 1993 after learning that Tanksley had taken a shower with her 6-year-old half-sister, according to documents from the appeal. In September 1996, the Board of Medicine automatically suspended Tanksley's license based on his felony conviction, as required by state law. At a formal administrative hearing five months later, the board found Tanksley guilty of unprofessional conduct. In particular, he was found to have practiced medicine unethically and endangered his patients, the board order shows. The board voted to stay his earlier suspension and forbid Tanksley from practicing medicine until he complied with a number of terms, including taking a test of medical knowledge and being examined by a psychiatrist. Just a few months after that, in October 1997, the board placed Tanksley on indefinite probation. The board's order allowed him to resume practicing medicine as long as the medical board's executive director approved of the setting. Tanksley's ex-wife said she was shocked by the board's leniency. Kemp said she's frustrated that the board was not swayed by her repeated appeals. State officials, she said, seemed more interested in protecting Tanksley's livelihood than anything else. "If they are going to let him keep his license, then I just wouldn't trust anyone with a medical license in Virginia,'' Kemp said. "And that's unfair to all the good doctors out there.'' The Navy upheld Tanksley's conviction and denied his appeal in September 2000. North Carolina's medical board reprimanded him in 1999. In 2000, Florida revoked his license. Tanksley is included on sex offender registries in Georgia and Virginia. The Virginia Sex Offender Registry lists Tanksley's last known address as Fulton, Texas. Tanksley's attorney, Allen P. Fancher of Virginia Beach, said the doctor is now living in China, where he is teaching English. When contacted by e-mail, Tanksley said, "I have always felt that the Virginia Board of Medicine was very fair in all aspects of my situation. I hope that the medical board will continue giving physicians the same professional fair play that was given to me.'' Today, his license is active, "with all attendant rights and privileges.'' Nothing in the board's order forbids him from treating women or little girls. Reach Liz Szabo at 446-2286 or lszabo. . . pilotonline.com

Description of illustration(s):
Block print
SAM HUNDLEY/THE VIRGINIAN-PILOT
Color photos
BILL TIERNAN/THE VIRGINIAN-PILOT
Norfolk doctor Vincent J. Speckhart, surrounded by his lawyers
before a meeting with a panel of the medical board, treated his
cancer patients with injections of their urine and feces. He is
still practicing medicine.
COURTESY OF THE RIZZI FAMILY
After Navy Cmdr. Robert A. Rizzi, 48, died, his family sued
Speckhart, alleging that the doctor used unconventional treatments -
including ``electro-acupuncture'' - in treating Rizzi. A jury ruled
in favor of the family.
Photo
File photo
In September 1978, Dr. Julian B. Schorr, was convicted of
second-degree murder in the shooting death of his wife at their
Norfolk home. His right to practice medicine in Virginia was fully
reinstated in 1990.
GRAPHICS
BILLS PROPOSED TO REFORM THE STATE BOARD OF MEDICINE
Legislation introduced by Gov. Mark Warner and Del. Winsome E.
Sears, R-Norfolk aim to reform the Virginia Board of Medicine and
increase its power to protect patients.
Both bills would:
Permit the medical board to act after a single act of negligence.
Current law bars the board from acting unless it can prove two
instances of negligence.
Allow regulators to issue a confidential letter of concern in lieu
of disciplinary action in cases where there is little or no injury
to a patient. The letters would prescribe remedial action such as
counseling or additional education.
Increase penalties and set mandatory minimum fines for hospitals and
doctors who fail report cases of negligence.
Require increased reporting by hospitals of negligence.
Increase public disclosure of most state disciplinary actions.
Require a three-year waiting period - increased from one year -
before a physician can apply for reinstatement of his or her
license.
WHAT THEY'RE SAYING
``A lot of money goes into making a health-care professional, and
there aren't enough of them to go around. So when you kill one off,
you are potentially losing a scarce resource.''
Robert Nebiker, director of the Virginia Department of Health
Professions
The patient should always be put first. It's not just the Board of
Medicine. It's the politicians and the people in Virginia who have
not demanded a better system.''
Dr. Alan Levinstone, internist on the ethics committee at Fair Oaks
Hospital in Northern Virginia
It has been clear for some time now that Virginia is protecting
physicians more than patients. The upshot has been true horror
stories of patients suffering from actions of physicians. . . . It
always seemed that the department bent over backward to defend the
doctor.''
Sen. Janet Howell, D-Reston
These doctors may represent only a few percent of the doctors out
there, but if it's your doctor, then they're 100 percent of the
doctors treating you. It's like drunk drivers. They're few but
dangerous.''
Maura Mitchell, an RN and assistant professor at Boston University
What do they need - Moses writing in the sky? The members of the
Board of Medicine need to be sent a message by the General Assembly.
If they think this is practicing medicine or is tolerable, well, I
don't. And the other members of the General Assembly won't either.''
Del. Robert G. Marshall, R-Manassas, on board standards for revoking
licenses
ABOUT THE VIRGINIA BOARD OF MEDICINE
The 18 members of this state body are appointed to four-year terms
by the governor. Eleven members are medical doctors, three are other
health professionals, and four are members of the public. The board
licenses medical doctors, osteopaths, chiropractors, podiatrists and
certain other health practitioners. The board disciplines
practitioners and creates regulations for the practice of health
care. Its meetings are open to the public.
What can it do? The board has a range of ways to discipline health
professionals, such as reprimanding them, fining them, placing them
on probation, suspending them, revoking their licenses, denying them
the right to renew a license and accepting the surrender of a
license. Most disciplinary actions are reported to the National
Practitioner Data Bank, a registry created by Congress to help track
physicians across the country. Prospective employers and hospitals
check this registry when considering whether to grant doctors
privileges. If doctors hold medical licenses in other states, those
states may choose to act on the Virginia agency's findings and issue
their own penalties.
Suspension and revocation: Doctors whose licenses are suspended or
revoked may not practice medicine unless the board votes to
reinstate them.
Probation: Doctors on probation often are permitted to practice but
must fulfill certain conditions, such as taking additional medical
classes or undergoing counseling. A doctor who fails to fulfill the
terms of probation could lose his or her license.
Reprimand/Censure: Doctors who are reprimanded or censured - the
lightest form of discipline - may keep practicing. But the formal
action becomes part of the doctor's record.
When does it act? The board typically looks only at cases that
others send to its attention. For example, hospitals notify the
board when they discipline doctors, and insurance companies report
practitioners who make malpractice settlements. Individuals also
file complaints.
Address: 6603 West Broad St., 5th Floor, Richmond, VA 23230-1712
Phone: (804) 662-9908
Complaint line: (800) 533-1560
Web site: www.dhp.state.va.us/medicine
Practitioner Information: www.vahealthprovider.com
Graphic with color photo
Executive director: Dr. William L. Harp
Members:
Dr. Harry C. Beaver of Fairfax, board president, second term expires
June 2004; J. Kirkwood Allen of Hampton, board vice president, first
term expires June 2003; Dr. Dianne L. Reynolds-Cane of Richmond,
secretary/treasurer, first term expires June 2004; Dr. James F.
Allen of Newport News, second term expires June 2004; Dr. Robert J.
Bettini of Burke, second term expires June 2004; Carol E. Comstock
of Richmond, registered nurse, first term expires June 2005; Dr.
Malcolm L. Cothran Jr. of Lexington, first term expires June 2006;
Dr. Cheryl Jordan of Richmond, second term expires June 2003; Dr.
Thomas B. Leecost of Richmond, podiatrist, first term expires June
2006; Dr. Joseph A. Leming of Colonial Heights, second term expires
June 2003; Dr. Gary P. Miller of Danville, second term expires June
2005; Dr. Robert P. Nirschl of Arlington, first term expires June
2004; Dr. Sue Ellen B. Rocovich of Roanoke, osteopath, first term
expires June 2004; Cedric B. Rucker of Fredericksburg, first term
expires June 2003; Dr. Clarke Russ of Virginia Beach, second term
expires June 2004; the Rev. LaVert Taylor of Lexington, first term
expires June 2006; Dr. Kenneth J. Walker of Pearisburg, first term
expires June 2004; Jerry R. Willis of Wytheville, chiropractor,
second term expires June 2005.
- LIZ SZABO
HOW TO REPORT PROBLEMS AND LEARN MORE
Consumers have a variety of ways to report problems with their
doctors and learn more about the backgrounds of their health
providers.
Filing complaints
To report problems with health providers, call the Department of
Health Professions at (800) 533-1560 or e-mail
enfcomplaints(AT)dhp.state.va.us
To report problems with hospitals, nursing homes, home health
agencies or hospice services to state authorities, call the Virginia
Department of Health's Center for Quality Healthcare Services and
Consumer Protection at (804) 367-2122 or (800) 955-1819.
To report problems with hospitals, call the Joint Commission on
Accreditation of Health Care Organizations, a national body that
accredits 19,000 organizations, including 11,000 hospitals, at (800)
994-6610.
Attending public hearings
Learn dates and locations for upcoming Board of Medicine meetings
online at the Commonwealth Calendar at
www.vipnet.org/portal/cgi-bin/calendar.cgi. For more information or
for hearing agendas and notices, call the board at (804) 662-9908.
Researching health providers
Check out your doctor, veterinarian, dentist or other practitioner
through the Virginia Department of Health Professions at (804)
662-9900 or online at www.vipnet.org/dhp/cgi-bin/searchpublicdb.cgi
Learn more about doctors, osteopaths and podiatrists from the
Virginia Board of Medicine at (804) 662-9908 or
www.vahealthprovider.com
Other states offer disciplinary information as well. Find the North
Carolina Medical Board at www.ncmedboard.org/database/search.asp and
the Maryland Board of Physician Quality at www.docboard.org/md
Verify whether your doctor is board-certified at the American Board
of Medical Specialties, www.abms.org
Criminal charges and civil lawsuits can be viewed at the Virginia
Courts Case Information site:
208.210.219.132/courtinfo/vacircuit/select.jsp?court. Although the
site provides case numbers for lawsuits, it doesn't provide copies
of lawsuits, which can be obtained at the courthouse. Not all city
courts are online.
Read case decisions from from the past 90 days for 14 health boards,
including nursing, dentistry and pharmacy, at the Department of
Health Professions, http://www.dhp.state.va.us
Read decisions from the Workers' Compensation Commission about
Virginia's birth-injury fund at http://www.vwc.state.va.us/index.htm
Search Virginia's state sex offender registry at
http://sex-offender.vsp.state.va.us. Search sex offender registries
across the country at www.klaaskids.org/pg-legmeg.htm.
Check general Internet search engines, such as google.com or
yahoo.com.
Check out Public Citizen's list of physicians (for a fee) at
www.questionabledoctors.org.
Other health provider information
Compare health maintenance organizations and hospitals in Virginia
at www.vhi.org
Compare dialysis facilities and nursing homes at www.medicare.gov.
HOW TO BE HEARD ON THIS AND OTHER STATE ISSUES
How to contact The Virginia General Assembly
http://legis.state.va.us
How to Contact Legislators
Senate
Toll-free phone number: (800) 889-0229
Fax:(804) 698-7651
House of Delegates
Toll-free phone number: (800) 889-0229
Fax: (804) 786-6310
Hampton Roads Senators
5th District (Parts of Chesapeake and Norfolk): Yvonne B. Miller,
e-mail: district05(AT)sov.state.va.us
6th District (Parts of Norfolk, Virginia Beach, all of Mathews
County and the entire Eastern Shore): Nick Rerras, e-mail:
district06(AT)sov.state.va.us
7th District (Part of Virginia Beach): Frank Wagner, e-mail:
district07(AT)sov.state.va.us
8th District (Part of Virginia Beach): Kenneth W. Stolle, e-mail:
district08(AT)sov.state.va.us
13th District (Parts of Chesapeake, Portsmouth, Suffolk, Isle of
Wight, other areas): Frederick M. Quayle, e-mail:
district13(AT)sov.state.va.us
14th District (Parts of Chesapeake and Virginia Beach) Harry B.
Blevins, e-mail: district14(AT)sov.state.va.us
18th District (Parts of Chesapeake, Isle of Wight, Portsmouth,
Suffolk, other areas): L. Louise Lucas, e-mail:
district18(AT)sov.state.va.us
How to contact Hampton Roads Delegates
21st District (Part of Virginia Beach): John J. Welch III, e-mail:
del-welch(AT)house.state.va.us
76th District (Parts of Chesapeake and Suffolk): S. Chris Jones,
hod76(AT)schrisjones.com or del-cjones(AT)house.state.va.us
77th District (Parts of Chesapeake and Suffolk): Lionell Spruill
Sr., e-mail: del-spruill(AT)house.state.va.us
78th District (Parts of Chesapeake): John A. Cosgrove, e-mail:
del-cosgrove(AT)house.state.va.us
79th District (Parts of Chesapeake, Norfolk, Portsmouth and
Suffolk): Johnny S. Joannou. No email address.
80th District (Parts of Chesapeake, Norfolk and Portsmouth), Kenneth
R. Melvin, e-mail: del-melvin(AT)house.state.va.us
81st District (Parts of Chesapeake and Virginia Beach): Terrie L.
Suit, e-mail: del-suit(AT)house.state.va.us
82nd District (Parts of Virginia Beach): Harry R. ``Bob'' Purkey,
del-purkey(AT)house.state.va.us
83rd District (Parts of Virginia Beach): Leo C. Wardrup Jr.,
del-wardrup(AT)house.state.va.us
84th District (Parts of Virginia Beach): Robert F. McDonnell,
e-mail: del-mcdonnell(AT)house.state.va.us
85th District (Parts of Virginia Beach): Robert Tata, e-mail:
del-tata(AT)house.state.va.us
87th District (Part of Norfolk): Thelma Drake, e-mail:
del-drake(AT)house.state.va.us
89th District (Parts of Norfolk): Kenneth
Alexander.del-alexander(AT)house.state.va.us
90th District (Parts of Chesapeake, Norfolk and Virginia Beach):
Winsome E. Sears, e-mail: del-sears(AT)house.state.va.us
100th District (Parts of Norfolk, Hampton and Accomack and
Northampton counties): Robert S. Bloxom, email:
del-bloxom(AT)house.state.va.us