Disciplinary Action against Joseph Montante, M.D. (1995)

Stephen Barrett, M.D.


In 1984, Joseph R Montante, M.D., of Boulder, Colorado, began using and promoting a bizarre program called Nutrabalance in which misinterpretations of laboratory tests were used to recommend dietary supplements. In 1992, the Colorado State Board of Medical Examiners reviewed his care of seven patients and concluded that he had failed to perform and/or document adequate physical examinations and did not adequately document his assessments or treatment plans. The board placed Montante on probation for five years, during which he would be required to have another physician monitor patient charts to ensure that he is practicing medicine according to accepted standards. In 1995, as noted below, the board amended its order to reduce the number of chart reviews but ordered the practice monitor to comment on whether or not the Nutrabalance reports "constitute a potential threat to patients in that disease or illness may be missed." Montante was also required to notify patients that he "specializes in nutritional consultations and does not provide primary medical care for other medical problems."


BEFORE THE STATE BOARD OF MEDICAL EXAMINERS

STATE OF COLORADO


AMENDMENT TO THE STIPULATION AND ORDER DATED, AUGUST 21, 1992

IN THE MATTER OF THE DISCIPLINARY PROCEEDING REGARDING THE LICENSE TO PRACTICE MEDICINE IN THE STATE OF ,COLORADO OF JOSEPH R. MONTANTE, M.D. I LICENSE NO. 22290.

Respondent.


IT IS HEREBY STIPULATED and agreed by and between Inquiry Panel B (“panel") of the Colorado State Board of Medical Examiners (“Board”) and Joseph R. Montante, M.D. (“Respondent”) as follows:

1. On August 21, 1992, Respondent and the Panel entered into a Stipulation and Order ("1992 Stipulation") concerning Respondent's Colorado medical license.

2. From time to time Respondent's practice monitor, as set out in the 1992 Stipulation, has brought to the attention of the Panel his concerns regarding Respondent's treatment of patients.

3. Respondent has sought to limit his medical practice to nutritional consultation and holistic medicine, however, Respondent wishes to be unrestricted in the scope of medical services he is permitted to render.

4. Respondent's practice monitor believes that Respondent's practice of medicine has greatly improved and feels the level of monitoring originally set out in the 1992 Stipulation is now unnecessary in light of this improvement.

5. Wherefore, the parties agree to modify the 1992 Stipulation as follows:

6. The practice monitor who was formerly to review 10 of Respondent's office charts on a monthly basis shall now be required to review 5 charts on a quarterly basis for the remainder of the probationary period. Upon request from the practice monitor, the Panel shall review in one year from the effective date of this amendment whether continued practice monitoring is necessary. Additionally, Respondent's practice monitor shall comment in his reports as to whether Respondent is using the disclaimer language set forth below.

7. Respondent’s practice monitor shall examine Respondent's use of' “Nutrabalance” "nutritional  interpretation .reports. In the practice monitor's next report after the effective date of this amendment, the practice monitor shall comment on the Nutrabalance nutritional interpretation reports conducted by the Respondent. The practice monitor shall comment 'whether these nutritional interpretation reports constitute a potential threat to patients in that disease or illness may be missed. If the monitor. so determines, he shall include the Nutrabalance cases in his review of 5 charts quarterly.

8. After the effective date of this Amendment to the 1992 Stipulation, Respondent shall have all patients, on their next visit, sign a consent form which shall contain the following language:

Dr . Montante specializes in nutritional consultations and does not generally provide primary medical care for other medical problems.

My primary care physician, _______________________, will provide any general medical care needs I might have.

In the event the patient in question does not have a primary care physician, the space above may be left blank.

9 The language set out in paragraph 8 above shall not be qualified by other language in the consent form.

10. Nothing in this agreement shall restrict or in any way limit Respondent's authority to practice medicine in this state and in particular shall not limit Respondent's ability to prescribe controlled substances or prescription drugs.

11. Except as amended by this agreement, the 1992 Stipulation shall remain in full force and effect.

_______________________________
Joseph R. Montante, M.D.
4730 Table Mesa Dri. #A
Boulder, CO 802303

SUBSCRIBED AND SWORN to, before me in the County of Jefferson,
State of Colorado, this 87th day of August 1995.

________________________________
Christine Weyer
NOTARY PUBLIC

My commission expires: 3/3/99

THE FOREGOING Amendment to the Stipulation and Order Dated August 21, 1992 is
approved and effective this 24 day of August 1995.

FOR THE COLORADO STATE BOARD
OF MEDICAL EXAMINERS INQUIRY PANEL B

APPROVED AS TO FORM:          ·

FOR THE RESPONDENT

_______________________________
RICHARD F. SCHADEN
Schaden, Lampert & Lampert, P.C.
11870 Airport Way
Broomfield, Colorado 80021
        
FOR THE BOARD OF MEDICAL EXAMINERS          '

GALE A. NORTON
Attorney General

STEPHEN K. ERKBNBRACK
Chief Deputy Attorney General

TIMOTHY M. TYMKOVICH
Solicitor General

MERRILL SHIELDS
Deputy Attorney General  

LINDA L. SIDERIUS
First Assistant Attorney General

____________________________
HEW E. NORWOOD,Y15181*
Assistant Attorney General
Regulatory Law Section

Attorneys for the Colorado State Board of Medical Examiners
1525 Sherman Street, 5th Floor
Denver, Colorado 80203 Telephone: 866-5307
AG Alpha No. RG ME DLlMU
AG File: P:\RL\RLNORWME\RLMN5186

This page was posted on September 12, 2009.

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