Fall 2012 / Volume 1, Issue 4
Provided to MSSNY by Kern Augustine Conroy & Schoppmann, P.C.
The Office of Professional Medical Conduct (“OPMC”) is the investigative and prosecutorial agency charged with bringing actions against the physicians in the state of New York. By bringing these actions to the forefront, it is hoped that awareness will aid physicians in the risk management of their practice and the protection of their license to practice medicine.
- Disciplined by the New Jersey State Board of Medical Examiners for Improper Documentation and Monitoring Censure and reprimand and $3,000 fine. The physician did not contest the charge of having been disciplined by the New Jersey State Board of Medical Examiners for prescribing IV medications without proper documentation of medical need and improper monitoring of possible side effects: failing to acquire informed consent; treating patients with IV Colchicine contrary to FDA warnings and prohibitions and failing to maintain adequate patient records.
- Disciplined by the Maine State Board of Licensure for Prescribing Controlled drugs and Failure to Maintain Adequate Patient Records Censure and reprimand and $5,000 fine. The physician must provide ninety (90) days notice before practicing medicine in New York State or in any other jurisdiction where the practice of medicine is predicated on his New York State medical license after which his practice may be subject to conditions. The physician did not contest the charge of having been disciplined by the Maine State Board of Licensure in Medicine for prescribing controlled drugs for his own use; providing treatment and prescribing controlled substances to his fiancee and failing to maintain adequate patient records regarding this treatment.
- Performing a Procedure Without Specific Hospital Privileges Censure and reprimand and the physician must complete a continuing education program in the area of laparoscopic surgery. The physician shall be supervised for the first ten laparoscopic surgeries performed following this order. These surgeries include hand assisted laparoscopic surgery, robotic prostatectomies as well as all other laparoscopic surgeries. The physician agreed not to contest the charge alleging gross negligence in that the physician performed a procedure without specific hospital privileges to do so.
- Grand Larceny and Falsifying Business Records License surrender. The physician did not contest the charge of having been convicted in Supreme Court, New York County, New York of grand larceny and falsifying business records. Previously, the physician's New York State medical license was summarily suspended by the New York Commissioner of Health.
- Disciplined by the Massachusetts State Board of Registration in Medicine for Abandoning Patients Censure and reprimand and $2,000 fine. The physician must also comply with the terms of the Massachusetts State Board of Registration in Medicine order. The physician admitted guilt to the charge of having been disciplined by the Massachusetts State Board of Registration of Medicine for abandoning his practice and patients.
- Disciplined by the Texas State Medical Board for Improper Prescribing and Utilizing Individuals Without Proper Credentials to Assess Patients Without Supervision License Surrender. The physician did not contest the charge of having been disciplined by the Texas State Medical Board for improperly prescribing controlled substances and allowing individuals without proper credentials or licenses to assess patients without required supervision.
- Practicing Fraudulently and Driving While Intoxicated License surrender. The physician did not contest the charges of practicing fraudulently; filing a false report and having been convicted of driving while intoxicated on three separate occasions. Previously, the physician's New York State medical license was summarily suspended by the New York Commissioner of Health.
- Criminal Contempt, Criminal Impersonation and Operating a Vehicle Under the Influence License surrender. The physician did not contest the charges of having been convicted in the County Court of the State of New York State, Nassau County in 2008 of criminal contempt and in 2009 in the District Court of Nassau County, Hempstead, New York of criminal impersonation and operating a motor vehicle under the influence of drugs or alcohol.
- Gross Negligence, Gross Incompetence, Failing to Maintain Accurate Patient Records License Surrender. The physician agreed he could not successfully defend against at least one of acts of gross negligence; gross incompetence; negligence on more than one occasion; incompetence on more than one occasion and failing to maintain accurate patient records.
Increased awareness will hopefully result in an increased willingness among physicians to take action to make the OPMC process fair to both the complainants and the physicians. A fair and just disciplinary system should be a goal that no one can, or should argue or work against. Any questions call us at 800-445-0954, or email us at info@DrLaw.com.