Disciplinary Action against
Kenneth Kippels, M.D.
Stephen Barrett, M.D.
In November 2007, the Texas Medical Board and Kippels entered into an Agreed Order (shown below) requiring that Dr. Kippels complete 10 hours of continuing medical education in record-keeping, revise his informed consent form for intravenous infusions, and pay an administrative penalty of $5,000. Kippels practices what he calls "anti-aging medicine" in Dallas, Texas. His Web site indicates that he has a special interest in fibromyalgia and chronic fatigue. The action was based on his inadequate medical records for a patient and his use of an insufficient consent form for intravenous infusions of an "oxidative formula" containing hydrogen peroxide, magnesium, manganese, and DMSO.
LICENSE NO. E-5551
IN THE MATTER OF
THE LICENSE OF
KENNETH MICHAEL KIPPELS, M.D.
TEXAS MEDICAL BOARD
On the 30th day of November , 2007, came on to be heard before the Texas Medical Board (the "Board"), duly in session, the matter of the license of Kenneth Michael Kippels, M.D. ("Respondent").
On August 17,2007, Respondent appeared in person, with counsel James R. Nelson, at an Informal Show Compliance Proceeding and Settlement Conference in response to a letter of invitation from the staff of the Board. The Board's representatives were Timothy Webb, J;D, a member of the Board, and Janet Tornelli-Mitchell, M.D., a member of the District Review Committee. Roger Calhoun represented Board staff.
Upon the recommendation of the Board's representatives and with the consent of Respondent, the Board makes the following Findings of Fact and Conclusions of Law and enters this Agreed Order.
FINDINGS OF FACT
The Board finds that:
1. Respondent received all notice required by law. All jurisdictional requirements have been satisfied. Respondent waives any defect in notice and any further right to notice or hearing under the Medical Practice Act, Title 3, Subtitle B, Texas Occupations Code (the "Act") or the Rules of the Board.
2. Respondent currently holds Texas Medical License No. E-5551. Respondent was originally issued this license to practice medicine in Texas on February 14, 1976. Respondent is also licensed to practice in: Louisiana.
3. Respondent is primarily engaged in the treatment of fibromyalgia and chronic. fatigue. Respondent is board certified by the American Board of Obstetrics and Gynecology, a member of the American Board of Medical Specialties.
4. Respondent is 59 years of age.
5. Respondent has not previously been the subject of disciplinary action by the Board.
6. On September 7, 2004, Respondent evaluated patient L.P. for a variety of complaints including poor sleep, fatigue, decreased energy, abdominal bloating and fullness and ordered several laboratory tests.
7. Respondent diagnosed fibromyalgia and chronic fatigue syndrome and treated L.P. with an IV infusion of a "Back/Muscle Pain" formula consisting of colchicine, DMSO, and lidocaine.
8. After studying L.P's laboratory test results, on October 4, 2004, Respondent treated L.P. with an IV infusion of an "Oxidative" formula consisting of hydrogen peroxide, magnesium, manganese, and DMSO.
9. Respondent obtained a consent for therapy from L.P. prior to the infusion of the "Back/Muscle Pain" formula and the "Oxidative" formula, but the obtained consent was not sufficient.
10. Respondent has cooperated in the investigation of the allegations related to this Agreed Order. Respondent's cooperation, through consent to this Agreed Order, pursuant to the provisions of Section 164.002 the Act, will save money and resources for the State of Texas. To avoid further investigation, hearings, and the expense and inconvenience of litigation, Respondent agrees to the entry of this Agreed Order and to comply with its terms and conditions.
CONCLUSIONS OF LAW
Based on the above Findings of Fact, the Board concludes that:
1. The Board has jurisdiction over the subject matter and Respondent pursuant to the Act.
2. Section 164.051(a)(6} of the Act authorizes the Board to take disciplinary action against Respondent based on Respondent's failure to practice. medicine in an acceptable. professional manner consistent with public health and welfare as defined by Board Rules: 190.8(1)(G) – failure to disclose reasonably foreseeable side effects of a procedure or treatment; 190.8(1)(H) – failure to disclose reasonable alternative treatments to a proposed procedure or treatment; and 190.8(1)(1) – failure to obtain informed consent from the patient or other person authorized by law to consent to treatment on the patient's behalf before performing tests, treatments, or procedures.
3. Section 164.051(a)(3) of the Act authorizes the Board to take disciplinary action against Respondent based on Respondent's violation of Board Rule 165, which requires the maintenance of adequate medical records.
4. Section 164.001 of the Act authorizes the Board to impose a range of disciplinary actions against a person for violation of the Act or a Board rule. Such sanctions include: revocation, suspension, probation, public reprimand,· limitation or restriction on practice, counseling or treatment, required educational or counseling programs, monitored practice, public service, and an administrative penalty.
5. Section 164.002(a) of the Act authorizes the Board to resolve and make a disposition of this matter through an Agreed Order.
6. Section 164.002(d) of the Act provides that this Agreed Order is a settlement agreement under the Texas Rules of Evidence for purposes of civil litigation.
Based on the above Findings of Fact and Conclusions of Law, the Board ORDERS that Respondent shall be subject to the following terms and conditions:
1. Within one year from the date of the entry of this Order, Respondent shall enroll in and successfully complete a course in Record Keeping of at least 10 hours in duration, approved in writing in advance by the Executive Director of the Board. To obtain approval for the course, Respondent shall submit in writing to the Director of Enforcement for the Board information on the course, to include at least a reasonably detailed description of the course content and faculty, as well as the course location and dates of instruction. Respondent shall submit documentation of attendance and successful completion of this requirement to the Director of Enforcement for the Board on or before the expiration of the time limit set forth for completion of the course.
2. Within one year from the date of the entry of this Order, Respondent shall revise his consent form for administration of intravenous infusions so that it complies with the requirements for disclosure as outlined by Board Rule 200.3(2). Respondent shall submit the revised consent form for approval by Dr. Janet Tornelli-Mitchell. Upon approval, Respondent shall adopt and use the consent form in his practice.
3. Respondent shall pay an administrative penalty in the amount of $5000 within 30. days of the date of the entry of this Order. The administrative penalty shall be paid in a single payment by cashier's check or money order payable to the Texas Medical Board and shall be submitted to the Director of Enforcement for the Board for routing so as to be remitted to the Comptroller of Texas for deposit in the general revenue fund, Respondent's failure to pay the administrative penalty as ordered shall constitute grounds for further disciplinary action by the Board, and may result in a referral by the Executive Director of the Board for collection by the Office of the Attorney General.
4. Respondent shall comply with all the provisions of the Act and other statutes regulating the Respondent's practice.
5. Respondent shall fully cooperate with the Board and the Board staff, including Board attorneys, investigators, compliance officers, consultants, and other employees or agents of the Board in any way involved in investigation, review, or monitoring associated with Respondent's compliance with this Order. Failure to fully cooperate shall constitute a violation of this order and a basis for disciplinary action against Respondent pursuant to the Act.
6. Respondent shall inform the Board in writing of any change of Respondent's mailing or practice address within 10 days of the address change. This information shall be submitted to the Permits Department and the Director of Enforcement for the Board. Failure to provide such information in a timely manner shall constitute a basis for disciplinary action by the Board against Respondent pursuant to the Act.
7. Any violation of the terms, conditions, or requirements of this Order by Respondent shall constitute unprofessional conduct likely to deceive or defraud the public, or to injure the public, and shall constitute a basis for disciplinary action by the Board against' Respondent pursuant to the Act. Respondent agrees that 10-business days notice of a Probationer Show Compliance Proceeding to address any allegation of non-compliance of this Agreed Order is adequate and reasonable notice prior to the initiation of formal disciplinary action. Respondent waives the 30-day notice requirement provided by § 164.003(b )(2) of the Medical Practice Act and agrees to 10 days notice, as provided in 22 Texas Administrative Code §187.44(4).
8. Respondent shall be permitted to supervise and delegate prescriptive authority to physician assistants and advanced practice nurses and to supervise surgical assistants.
9. This Order shall terminate upon· the successful completion of Ordering Paragraph Nos. 1-3 above.
RESPONDENT WAIVES ANY FURTHER HEARINGS OR APPEALS TO THE BOARD OR TO ANY COURT IN REGARD TO ALL TERMS AND CONDITIONS OF THIS AGREED ORDER. RESPONDENT AGREES THAT THIS IS A FINAL ORDER.
THIS ORDER IS A PUBLIC RECORD.
I, KENNETH MICHAEL KIPPELS, M.D., HAVE READ AND UNDERSTAND THE FOREGOING AGREED ORDER. I UNDERSTAND THAT BY SIGNING, I WAIVE CERTAIN RIGHTS. I SIGN IT VOLUNTARILY. I UNDERSTAND THIS AGREED ORDER CONTAINS THE ENTIRE AGREEMENT AND THERE IS NO OTHER AGREEMENT OF ANY KIND, VERBAL, WRITTEN OR OTHERWISE.
DATED: 10/23, 2007.
KENNETH MICHAEL KIPPELS, M.D.
SIGNED AND ENTERED by the presiding officer of the Texas Medical Board on this 30th day of November, 2007.
Roberta M. Kalafut, D.O., President
Texas Medical Board
This page was posted on February 12, 2008.