Spring 2013
Volume 2, Issue 2

"DRUNK DRIVING DOC"

AGGRAVATED DRUNK DRIVING Censure and reprimand. The Hearing Committee sustained the charges finding the physician guilty of having been convicted in the District Court of Nassau County - Hempstead, New York of aggravated driving while intoxicated.


IN OTHER NEWS...

CONSPIRING TO COMMIT BRIBERY License suspension for one year, stayed with probation for one year. The physician is permanently restricted from owning or administering a medical practice or Article 28 facility. The Hearing Committee sustained the charge finding the physician guilty of having been convicted in the United States District Court, Southern District of New York of conspiring to commit bribery.

NEGLIGENCE ON MORE THAN ONE OCCASION License suspension for thirty-six months, stayed with probation for thirty-six months and $10,000 fine. The physician is permanently prohibited from the practice of pain management and the treatment of attention deficit disorder and is prohibited from prescribing Schedule II opiates and Buprenorphine and Naloxone. During probation the physician may only practice medicine when monitored by a licensed physician; board certified in an appropriate specialty. The physician shall also maintain a prescription log which identifies every patient receiving a controlled substance and implement a psychiatric electronic medical record and ICANotes. The physician did not contest the charge of negligence on more than one occasion.

PERFORMING EXCESSIVE TESTS AND/OR TREATMENT AND FAILING TO MAINTAIN ADEQUATE RECORDS License surrender, stayed with probation for five years. The physician could not successfully defend against at least one of the charges of performing excessive tests and/or treatment and failing to maintain adequate records. During the first thirty months of probation the physician shall only practice medicine as a salaried physician in a hospital or Article 28 facility. During probation the physician shall only practice medicine when monitored by a licensed; board certified physician in an appropriate specialty; and the physician shall practice surgery only under direct supervision of a physician; board certified in an appropriate specialty.

VIOLATING NEW YORK STATE PUBLIC HEALTH LAW 2805; MAKING A FALSE REPORT; PRACTICING THE PROFESSION OF MEDICINE FRAUDULENTLY; ABUSING A PATIENT AND ENGAGING IN CONDUCT WHICH EVIDENCES MORAL UNFITNESS License suspension for three years, stayed with probation for three years. During probation the physician may only practice medicine when his practice is being monitored by a licensed physician; board certified in an appropriate specialty. The Hearing Committee sustained the charges finding the physician guilty of violating New York State Public Health Law 2805; making a false report; practicing the profession of medicine fraudulently; abusing a patient and engaging in conduct which evidences moral unfitness.

VERBAL HARASSMENT OF A PATIENT Censure and reprimand with $10,000 fine. The physician must complete a continuing education program in the areas of medical record keeping and physician-patient boundaries. The physician did not contest the allegation of verbal harassment of a patient.

FILING A FALSE REPORT AND FAILING TO MAINTAIN ADEQUATE PATIENT RECORDS License suspension for nine months, after which probation for thirty-six months and a $250,000 fine. The physician could not defend against at least one of the alleged acts of misconduct in the Statement of Charges, which includes filing a false report and failing to maintain adequate patient records.

NEGLIGENCE ON MORE THAN ONE OCCASION AND FAILING TO MAINTAIN ADEQUATE PATIENT RECORDS Censure and reprimand with probation for thirty-six months. The physician is precluded from ordering, administering and prescribing opiates, synthetic opioids and their analogues to any patient. During probation the physician may only practice medicine when her practice is being monitored by a licensed physician; board certified in an appropriate specialty. The physician did not contest one or more of the specifications of negligence on more than one occasion and failing to maintain adequate patient records.


THE PHYSICIAN ADVOCACY PROGRAM®
Far too few physicians are aware of the overwhelming weight that would befall them if targeted by the OPMC. For OPMC Protection go to ThePAP.com