Eleazar M. Kadile, MD, is REPRIMANDED for his violations of § Med
10.02(2)(o) and (w), Wis. Adm. Code, in this matter.
IT IS FURTHER ORDERED, that the license to practice medicine and surgery
of respondent is LIMITED as provided in §448.02(3)(e), Wis. Stats., and as
follows:
1.. Respondent shall provide all patients with the attached "Notice to
Patients" before commencing any treatment or therapy, and shall retain a
copy in the chart.
2.. Respondent shall not engage or participate in any research on human
subjects without the specific consent of the Board, which consent shall not
be unreasonably withheld.
3.. Respondent shall not prescribe, dispense, or administer any
prescription drug which is not FDA approved, or legally compounded using
only ingredients which can be legally obtained for the purpose of medical
treatment.
4.. Respondent may offer chelation therapy only if the patient signs the
form which is attached to this Order
5.. All testing shall be performed by a CLIA regulated laboratory which
is authorized to do the test performed.
6.. Respondent shall make no statement concerning a patient's condition,
orally or in writing, to any third party payor or a patient (or patient's
caregiver) which is not clearly supportable by the patient's health care
record. Respondent shall not make any statement to a third party payor or a
patient (or patient's caregiver) that a patient has abnormal levels of any
substance without enclosing the laboratory report which supports that
statement.
7.. Respondent shall not use any advertising which is false, misleading,
or deceptive, including but not limited to the conduct described in pars.
2-4, of the Findings of Fact, above.
IT IS FURTHER ORDERED, that respondent's license is LIMITED in the
following respect: respondent shall forthwith undergo an assessment to
evaluate respondent's current abilities to practice medicine at his current
practice, with his current patient population, and given the Stipulation and
Order and facts of this case. Respondent may propose members of the
assessment panel, but the selection of assessors is entirely within the
discretion of the Program. The assessment shall include medical
recordkeeping and be performed under the direction of the University of
Wisconsin Continuing Medical Education Program (UW-CME) or another provider
acceptable to the Board, and may include a cognitive screening assessment,
peer interview, and/or physical examination. Respondent shall have completed
all portions of the assessment process for which he is responsible
(including payment of all required fees), as requested by UW-CME, on a
schedule as established by UW-CME, but no later than 90 days after the date
of this Order, unless the Board grants an extension at the request of
UW-CME.
If the results of this assessment process shows a material deficiency in
respondent's abilities, respondent shall participate in and successfully
complete an educational program established through the UW-CME based upon on
the results of the assessment. Respondent shall complete this program within
the time parameters established by the UW-CME, but no later than two years
from the date of this Order.
Respondent shall be responsible for all costs incurred for the
assessment and educational program under the terms of this Order, and shall
timely pay all fees when due.
The UW-CME shall certify to the Board the results of the assessment and
educational program upon the completion of the assessment and upon the
completion of the educational program. Upon receipt of certification of
completion of the terms and conditions set forth above, the Medical
Examining Board shall inform respondent that his obligations under this
portion of this order have been satisfied, and that his license is no longer
limited in this respect.
Upon completion of the UW-CME assessment and, if applicable, the
subsequent educational program as described in this section, respondent
shall, at his own expense, retain a physician who is board certified in a
specialty recognized by the American Board of Medical Specialties, who is
acceptable to the Board, such acceptance not to be unreasonably withheld.
The retained physician shall, on behalf of the Board, review a sampling of
respondent's patient charts generated after the date of this Order as the
retained physician shall determine, no less often than every three months,
or as the retained physician shall determine is necessary to timely review
the records, and shall report to the Board any conduct which may be in
violation of this Order. The retained physician's sole duty is to the Board
and not to any patient or third party. Respondent shall cooperate at all
times with the retained physician including by timely paying any fees in
full, answering questions, and providing supplemental information promptly
when requested.
The chart review described herein shall terminate after two years of
reviews, unless the Board extends it for cause.
If applicable, should respondent not successfully complete the educational
program, this matter shall be referred to the Board to determine any other
appropriate action relative to the conduct set out in the Findings of Fact,
which may include any action permitted by §448.02(3)(c), Wis. Stats.
Respondent and the Division will have the opportunity to present argument to
the Board on that issue. The Board and respondent will receive the results
of the assessment and respondent's status relative to completing the
educational program, as evidence in determining appropriate action, if any.
IT IS FURTHER ORDERED, that whether respondent shall pay the costs of
investigating and prosecuting this matter shall be determined by the Board
in a separate order.
IT IS FURTHER ORDERED. If the Board determines that there is probable
cause to believe that respondent has violated any term of this Final
Decision and Order, that finding of probable cause following an opportunity
to be heard shall be deemed legally sufficient for action under §448.02(4),
Wis. Stats.