WISCONSIN DEPARTMENT OF REGULATION & LICENSING Wisconsin Department of Reguation & Licensing Access to the Pubic Records of the Reports of Decisions This Reports of Decisions document was retrieved from the Wisconsin Department of Reguation & Licensing website. These records are open to pubic view under Wisconsin s Open Records aw, sections 19.31-19.39 Wisconsin Statutes. Pease read this agreement prior to viewing the Decision: The Reports of Decisions is designed to contain copies of a orders issued by credentiaing authorities within the Department of Reguation and Licensing from November, 1998 to the present. In addition, many but not a orders for the time period between 1977 and November, 1998 are posted. Not a orders issued by a credentiaing authority constitute a forma discipinary action. Reports of Decisions contains information as it exists at a specific point in time in the Department of Reguation and Licensing data base. Because this data base changes constanty, the Department is not responsibe for subsequent entries that update, correct or deete data. The Department is not responsibe for notifying prior requesters of updates, modifications, corrections or deetions. A users have the responsibiity to determine whether information obtained from this site is sti accurate, current and compete. There may be discrepancies between the onine copies and the origina document. Origina documents shoud be consuted as the definitive representation of the order's content. Copies of origina orders may be obtained by maiing requests to the Department of Reguation and Licensing, PO Box 8935, Madison, WI 53708-8935. The Department charges copying fees. A requests must cite the case number, the date of the order, and respondent's name as it appears on the order. Reported decisions may have an appea pending, and discipine may be stayed during the appea. Information about the current status of a credentia issued by the Department of Reguation and Licensing is shown on the Department's Web Site under License Lookup. The status of an appea may be found on court access websites at: http://ccap.courts.state.wi.us/internetcourtaccess and http://www.courts.state.wi.us/wscca. Records not open to pubic inspection by statute are not contained on this website. By viewing this document, you have read the above and agree to the use of the Reports of Decisions subject to the above terms, and that you understand the imitations of this on-ine database. Correcting information on the DRL website: An individua who beieves that information on the website is inaccurate may contact the webmaster at web@dr.state.wi.gov
STATE OF WISCONSIN BEFORE THE MEDICAL EXAMINING BOARD IN THE MATTER OF THE LICENSE OF RICHARD M. COWIN, D.P.M.. RESPONDENT FINAL DECISION AND ORDER Case # 1 < 9 gobl4-1 ME? Division of Enforcement Cases # 93 MED 106; 94 MED 129; 94 MED 410 The parties to this action for the purposes of Wis. Stats. $ 227.53 are: Richard M. Cowin, D.P.M. 9 15 1 Point Cypress Drive Orando, Forida 3283 Medica Examining Board P.O. Box 8935 Madison, WI 53708-8935 Department of Reguation & Licensing Division of Enforcement P.O. Box 8935 Madison, WI 53708-8935 The Wisconsin Medica Examining Board has received a Stipuation submitted by the parties to the above-captioned matter. The Stipuation, a copy of which is attached hereto, was executed by Richard M. Cowin, D.P.M., personay, and by his attorney, Pau Gagiardi, and by Caudia Berry Miran, attorney for the Department of Reguation and Licensing, Division of Enforcement. Based upon the Stipuation of the parties, the Wisconsin Medica Examining Board makes the foowing Findings of Fact, Concusions of Law, and Order. FINDINGS OF FACT 1. Richard M. Cowin, D.P.M., 9151 Point Cypress Drive, Orando, Forida, was born on June 11, 1955, and has been icensed to practice podiatry in the state of Wisconsin since June 19, 1986, icense #556. He is currenty not registered. 2. The Department of Reguation and Licensing has received Caims Paid Reports for mapractice actions invoving Dr. Cowin. These reports form the basis for the investigative fies 93 MED 106,94 MED 129, and 94 MED 410. Dr. Cowin contests any aegations of professiona misconduct reative to these investigations. 3. Dr. Cowin is currenty icensed to practice podiatry in Forida. 4. Dr. Cowin, in consideration of his retirement from the practice of podiatry in the State of Wisconsin, has agreed that he wi not register in Wisconsin at any time in the future without meeting the considerations set forth in the Order beow.,. r._._-.
CONCLUSIONS OF LAW I. The Wisconsin imedica Examming Board has jurisdiction in this matter pursuant to sec. 44802(3)(c), Stats. 2. The Wisconsin Medica Examming Board has the authority to resove this matter by stipuation without an evtdenttary hearing pursuant to sec. 227.44(S), Stats. ORDER NOW, THEREFORE. IT IS ORDERED that the Stipuation of the parties is approved. IT IS FURTHER ORDERED that Dr. Cowin sha not practice or attempt to practice podiatry in the State of Wisconsin when not currenty registered. IT IS FURTHER ORDERED that in the event that Dr. Cowin eects to re-register, he wi Notify the Medica Examining Board, in writing, of his intention to reregister; Take and pass any examination(s) the Medica Examining Board deems appropriate at that time. The examination(s) are to be taken and passed within 1 year of the Board Order requiring said examination(s); Be in compiance with this Fina Decision and Order. IT IS FURTHER ORDERED that the pending investigations, 93 MED 106,94 MED 129 and 94 MED 410, sha be, and hereby are, cosed without further proceedings. ; 1 - IT IS FURTHER ORDERED that pursuant to sec. 448.02(4), Stats., if the Wisconsin Medica Examining Board determines that there is probabe cause to beieve that Dr. Cowin has vioated the terms of this Fina Decision and Order of the Wisconsin Medica Examining Board, the Board may order that the icense of Dr. Cowin to practice podiatry in the State of Wisconsin 1 be ~tmnnariy suspended pending investigation of the aeged vioation. The rights of a party aggrieved by this Fina Decision and Order to petition tine Wisconsin Medica Examining Board for rehearing and to petition for judicia review are set forth in the attached Notice of Appea Information. Dated at Madison, Wisconsin thisz&y WISCONSIN MEDICAL EXAMINING BOARD of 1998 Wanda Koever, Secretary.. I < 1 -.,;. --- - --
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STATE OF WISCONSIN BEFORE THE MEDICAL EXAMINING BOARD IN THE MATTER OF THE LICENSE OF STIPULATION RICHARD M. COWIN: D.P.M., Case# LSGiK0&2LC( f!5-s,. RESPONDENT Division of Enforcement Cases # 93 MED 106; 94 MED 129; 94 MED 410 It is hereby strpuated between Richard M. Cowm, D.P.M., personay and by his attorney, Pau Gagiardi, and Caudia Berry Miran, Attorney for the Department of Reguation and Licensing, Division of Enforcement, as foows: 1. Richard M. Cowin. D.P.M., 9151 Point Cypress Drive, Orando, Forida, was born on June 11, 1955, and has been icensed and registered to practice podiatry in the state of Wisconsin since June 19, 1986, icense #556. 2. These investigations, 93 MED 106,94 MED 129 and 94 MED 410, are pending before the Wisconsin Medica Examining Board. Dr. Cowm maintains that he did not engage in any wrongdoing in his care of these patients. 3. Dr. Cowin consents to the resoution of these investigations by stipuation and entry of a forma Decision and Order, a copy of which is attached hereto and incorporated herein, without the issuance of a forma compaint. 4. Dr. Cowin is aware of his right to seek ega representation and has had an opportunity to obtain ega advice prior to signing this stipuation. 5. Dr. Cowin is aware of and understands each of his rights, incuding: The right to a hearing on the aegations against him, at which time the state has the burden of proving those aegations by a preponderance of the evidence; The right to confront and cross-examine the witnesses against him; The right to ca witnesses on behaf and to compe their attendance by subpoena; The right to testify himsef; The right to fie objections to any proposed decision and to present briefs or ora arguments to the officias who are to render the fina decision; The right to petition for rehearing; and A other appicabe rights afforded to him under the United States Constitution, the Wisconsin Constitution, the Wisconsin Statutes, and the Wisconsin Administrative Code.
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6. Dr. Cowin vountariy and knowmgy waives the nghts enumerated in paragraph 5 above. 7. The partes waive a costs of these proceedings 8. The stipuation and the proposed Fina Decision and Order sha be presented directy to the Medica Examining Board for its consideration and adoption. 9. This Stipuation is subject to approva by the Case Advisor and by the Attorney Supervisor in the Division of Enforcement+ and acceptance by the Wisconsin Medica Examining Board. If any term of this Stipuation or the incorporated Fina Decision and Order is nof approved by the Case Advisor and by the Attorney Supervisor, and accepted by the board, then no term of this Stipuation or the Fina Decision and Order wi be binding in any matter on any party, and the matter sha be returned to the Division of Enforcement for further proceedings. In the event that this stipuation is not accepted by the Board, the parties wree not to contend that the board has been prejudiced or biased in any manner by the consideration of this attempted resoution. 10. The parties to the Stipuation agree that the attorney for the Division of Enforcement and the Case Advisor, James Chanbers, M.D., may appear before the Wisconsin Medica Examining Board for the purpose of speaking in favor of this agreement and answering questions that the members of the board may have in connection with their deiberation on the Stipuation. Any appearance by any party pursuant to this paragraph sha be preceded by proper and timey notice to21 parties to this proceeding. n Division of Enforcement
In the Matter of the License of STATE OF WISCONSIN DEPARTMENT OF REGULATION AND LICENSING BEFORE THE MEDICAL EXAMINING BOARD Richard M. Cowin, D.P.M., AFFIDAVIT OF MAILING STATE OF WISCONSIN ) ) COUNTY OF DANE ) I, Kate Rotenberg, having been duy sworn on oath, state the foowing to be true and correct based on my persona knowedge: 1. I am empoyed by the Wisconsin Department of Reguation and Licensing, 2. On June 26, 1998, I served the Fina Decision and Order dated June 24, 1998, LS9806241MED, upon the Respondent Richard M. Cowin s attorney by encosing a true and accurate copy of the above-described document in an enveope propery stamped and addressed to the above-named Respondent s attorney and pacing the enveope in the State of Wisconsin mai system to be maied by the United States Post Office by certified mai. The certified mai receipt number on the enveope is Z 233 8 19 526. Pau Gagiardi, Attorney 24414 75th Street Kate Rotenberg d- Department of Reguation and Licensing Office of Lega Counse thisah@ day of 0b, 1998. Notary Pub&,%&e My commission is permanent.
~0: PAUL GAGLIARDI ATTY NOTICE OF RIGHTS OF APPEAL You have been Issued a Fina Dec~sm and Order. For purposes of setwe the date of matmg of thts Fina Decsion and Order IS 6/26/98 Your nghts to request a rehearmg and/orjudiciai renew are summarized beow and set forth foiy m the statutes reprmted on the reverse side. A. REHEARING. Any person aggrieved by this order may fie a wntten petmon for rehearmg wnhii 20 days after service of thts order, as provrded in sectton 221.49 of the Wisconsm Statutes. The 20 day penod commences on the day of persona setwce or the date of madtog of this decision. The date of matbog of this Fina Dectsion IS shown above. A petttion forrehearmg shoud name as respondent and be fied with the party Identified beow. A petition for rehearmg sha specrfy in detad tbe grounds for rebef sought and supporting authorities. Reheanng wi be granted ony on the basis of some materia error of aw, materia error of fact, or new evidence sufficienty strong to reverse or modify the Order which coud not have been prevtousy discovered by due diigence. The agency may order a rehearmg or enter an order disposmg of the pentton wthout a hearing. If the agency does not enter an order drsposmg of the petmon wthin 30 days of the tiing of the petnion, the pettion sha be deemed to have been denied at the end of the 30 day penod. A petition for rehearmg is not a prerequisite for judicia review. B. JUDICIAL REVIEW. Any person aggneved by this decision may petition for judicia review as specified in section 227.53, Wisconsin Statutes (copy on reverse side). The petttion for judicia rewew must be tied in circuit court where the petitioner resides, except if the petitioner is a non-resident of the state, the proceedings sha be m the circuit court for Dane County. The petition shoud name as the respondent the Department, Board, Examining Board, or Atiiated Credenttaiog Board which issued the Fina Dectsion and Order. A copy of the pention for judicia review must aso be served upon the respondent at the address isted beow. A petition for judicia review must be served personay or by certified mai on the respondent and tied with the court within 30 days after service of the Fina Decision and Order If there is no petttion for rehearing, or within 30 days after service of the order fmay disposmg of a petition for rehearmg, or within 30 days after the fma disposition by operation of aw of any pention for reheating. Courts have hed that the right to Judicia rewew of adminisbative agency decisions is dependent upon stnct compiance with the requirements of sec. 227.53 (1) (a), Stats. This stahtte requues. among other things, that a petitton for review be served upon the agency and be tied wttb the cerk of the cucuit court within the appicabe thii-xy day period. The 30 day penod for serving and iiiig a petition for judicia review commences on the day after persona SeniCe Or maiing of the Fina Decision and Order by the agency, or, if a petttion for rehearing has been timey tied, the day after persona service or maiing of a foa decision or disposttion by the agency of the petition for rehearing, or the day after the fmai dispowion by operation of the aw of a pettion for rehearmg. The date of maiiing of this Fina Decision and Order is shown above. Ihe petition sha state the nature of the petitioner s interest, the facts showmg that the petitioner is a person aggrieved by the decision, and the grounds specified in section 227.57, Wisconsm Statutes, upon which the petitioner contends that the decision shoud be reverse&or modified. The petition sha be eat&d in the name of the person semmg It as Petitioner and the Respondent as described beow. SERVE PETITION FOR REHEARING OR JUDICIAL REVIEW ON: STATE OF WISCONSIN MEDICAL EXAMINING BOARD 1400 East Washington Avenue P.O. Box 8935 Madison WI 53708-8935