Testimony of Dr. Dan Munton, Texas Senate Health and Human Services Committee

Dr. Dan Munton
May 12, 2010

Distinguished Senators, my name is Dr. Daniel Munton, I am a board licensed physician, practicing in Abilene, Texas. I was a former partner of Roberta Kalafut the past President of the Texas Medical Board and her husband Ed Brandecker. During this timeframe, I personally heard and witnessed her and her husband, discussing, planning and carrying out a Texas Medical Board complaint process to turn in a physician working with their competitors in Abilene. Dr. Kalafut stated that she would have her husband bring the complaint since she was on the medical board. She then said that she would recuse herself from the case. However upon hearing the verdict in the case against the physician, she was upset with the lack of punishment. She said she was going to call a Texas Medical Board Member to have this penalty changed to a harsher penalty. I then saw her make the call and overheard the conversation.

She continued to openly discuss board cases with myself and staff, even in front of other patients. The staff heard her discussing turning other competitors into the Texas Medical Board. Due to this and other ethical issues, I shortly thereafter voluntarily resigned from the practice. I then moved my family from Abilene, to serve out a one year non compete agreement with their practice.

I decided to return to open my own private practice in Abilene in June of 2006. Upon learning of my planned return to be in competition with them, I received a threatening letter from Dr. Kalafut’s husband that stated, “ I suppose had you not considered returning… I would have let bygones be bygones”.

I shortly thereafter received my first Texas Medical Board letter stating a complaint had been filed against me. It alleged that I had violated a board statute in that I had failed to supervise my physician assistant. The complaint was completely anonymous as to who had brought the complaint against me. It contained no specifics as to what patient I had failed to supervise nor when it had even occurred. I was given less than 10 days to respond. I responded within this timeframe but received a letter prior to them receiving my response stating I was being sent to formal investigation.

Then, Vince Viola P.A., my physician assistant, received his first Texas Medical Board letter stating a complaint had been filed against him at about the same time. It was anonymous as to who had brought the complaint against him. It alleged, “Failure to Practice in an Acceptable Manner” with a specific patient named in the complaint. The patient mentioned in the complaint, stated she had not turned us into the board but had went to see, Dr. Kalafut after seeing us. We were given 14 days to respond to the complaint. We responded timely but again received a letter that we were being sent to formal investigation again prior to them even receiving our response information.

With these two cases pending, I then received my third anonymous unmerited Texas medical Board complaint alleging, “Delegation to an Unqualified Person”. It erroneously alleged I had a chiropractor taking patient calls for me after hours. This was completely false and easily disprovable. I was given two weeks to respond. I sent in all my after hour call logs showing no chiropractor ever took calls after hours for me, but was still sent to formal investigation.

So after never receiving a single complaint in over 11 previous years of practice, upon returning to Abilene, within three months I had received three anonymous complaints from the Texas Medical Board, where my former partner, Roberta Kalafut, who I had first hand knowledge of her working the system, served as President. At this point I felt completely helpless as I assumed this could go on endlessly.

Eventually after nearly $40,000 dollars of attorney fees, lost time at work, and endless personal and staff hours spent on these cases and after pending for 14 months they were all found to be meritless and completely dismissed. Interestingly none of these cases were dismissed until these hearings started. Not once was I personally interviewed by the investigator on any of my cases. Nor has the Texas Medical Board ever contacted me after my public testimonies to see if any of what I have said under oath is factual.

We must change the current system that works under a shroud of secrecty allowing anonymous complaints (remember, the complaints are always anonymous to the physician as to who brought them). This current system does not even allow the physician to see the actual complaint and presumes the physician guilty until proven innocent. The complaintant should at minimum have to disclose the relationship to the physician they are bringing a complaint against to prevent harassment. My only purpose in testifying today is to try and change the current system so no other innocent physicians need to go through what I and many other physicians around Texas have been through. If you would like a copy of my actual complaints with dates, times and allegations, I would be glad to make these available for you and your staff.

Thank you.