Winter 2013
Volume 2, Issue 1

 

"DRUG DEALING" DOCS?

CONSPIRING TO DISTRIBUTE AND POSSESS WITH INTENT TO DISTRIBUTE CONTROLLED SUBSTANCES LICENSE REVOCATION The Hearing Committee sustained the charge finding the physician guilty of having been convicted in United States District Court, Western District of Pennsylvania of conspiring to distribute and possess with intent to distribute controlled substances.

NEGLIGENCE ON MORE THAN ONE OCCASION License suspension for thirty-six months, stayed with probation for thirty-six months. A permanent license limitation precludes the physician from prescribing Schedule 2 and Schedule 3 controlled substances, and he may only practice pediatrics and pediatric neurology. During probation the physician may only practice medicine when monitored by a licensed physician board certified in an appropriate specialty. The physician admitted guilt to negligence on more than one occasion.

PRESCRIBING CONTROLLED SUBSTANCES TO A FAMILY MEMBER CENSURE AND REPRIMAND The physician did not contest the charge of prescribing controlled substances to a family member without maintaining appropriate medical records.

UNLAWFUL DISTRIBUTION OF PRESCRIPTION DRUGS LICENSE SURRENDER The physician did not contest the charge of having been convicted in the United States District Court, Northern District of New York of unlawful distribution of prescription drugs.


IN OTHER NEWS...

NEGLIGENCE; INCOMPETENCE; GROSS NEGLIGENCE; GROSS INCOMPETENCE; FRAUDULENT PRACTICE; FAILING TO COMPLY WITH SUBSTANTIAL LAWS GOVERNING THE PRACTICE OF MEDICINE; FAILING TO MAKE RECORDS AVAILABLE; FAILING TO COMPLY WITH A COMPREHENSIVE MEDICAL REVIEW ORDER; FAILURE TO MAINTAIN ACCURATE PATIENT RECORDS Pursuant to New York State Public Health Law Section 230(12)(b), the physician may not practice medicine in New York State or in any other jurisdiction where his practice is predicated on holding a valid New York State medical License. This order shall remain in effect unless modified or vacated by the Commissioner of Health. The physician is charged with negligence on more than one occasion; incompetence on more than one occasion; gross negligence; gross incompetence; fraudulent practice; willfully or grossly negligently failing to comply with substantial laws governing the practice of medicine; failing to make records available to the Department of Health; failing to comply with a comprehensive medical review order; failing to maintain accurate patient records and engaging in moral unfitness.

HABITUAL USER OF CONTROLLED SUBSTANCES Probation for five years. The physician admitted guilt to the charge of being an habitual user of controlled substances. During probation the physician may practice medicine only when supervised in medical practice by a licensed physician board certified in an appropriate specialty and monitored by qualified health care professionals.

NEGLIGENCE AND FAILING TO MAINTAIN ACCURATE PATIENT RECORDS License suspension for thirty-six months, stayed with probation for thirty-six months and $75,000 fine. The physician is precluded, individually or through a professional corporation from treating or billing patients through No-Fault insurance or Workers Compensation. The physician may evaluate or treat patients as a salaried employee of a governmental or hospital facility whose medical services are reimbursed through No-Fault insurance or Worker's Compensation to such institutions. The physician is precluded from ordering, performing and/or interpreting electrodiagnostic nerve and muscle studies nerve and muscle studies as long as he has a New York State license. The physician may own no more than one professional medical corporation and only if his medical practice is performed at that professional corporation. The physician may only practice medicine in any/all "non-institutional practice" when monitored by a licensed; board certified physician in an appropriate specialty. The physician asserted that he could not successfully defend against at least one of the acts of negligence on more than one occasion and failing to maintain accurate 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 PAP.DrLaw.com