Spring 2017
Volume 6, Issue 2

“DISCOVERED DOCS?"

PHYSICIAN PRECLUDED FROM PRACTICING IN NEW YORK STATE FOR IMPAIRED PRACTICE The OPMC disciplined a physician who did not contest the charges of having been disciplined by the State Medical Board of California for being impaired in his ability to practice medicine safely by obtaining and using controlled substances and for inappropriately prescribing to others. The physician is precluded from practicing medicine in New York State and from practicing in any other setting where his practice of medicine is based solely on his New York State medical license. The physician is also precluded from reliance upon his New York State medical license to exempt him from the license requirements set forth in statute or regulation for the practice of any other profession licensed, regulated or certified by the New York State Board of Regents, New York State Department of Education, New York State Department of Health and the New York State Department of State. The physician may not practice medicine in New York State until a modification order is issued determining that he is fit to practice medicine in New York State, after which the physician may be subject to terms and conditions.


IN OTHER NEWS...

PHYSICIAN SUSPENDED FOR MANSLAUGHTER AND DWI CONVICTIONS The OPMC disciplined a physician by suspending the physician for two (2) years with subsequent probation for five (5) years that includes 100 hours of community service for each year during the period of probation.  The Administrative Review Board affirmed the Hearing Committee’s November 21, 2016 determination finding the physician guilty of having committed professional misconduct by having been convicted in Suffolk County Court, Suffolk County, New York, of one count of Manslaughter in the Second Degree, one count of Leaving the Scene of an Incident without Reporting and Driving While Intoxicated. The Administrative Review Board affirmed the Hearing Committee’s determination to suspend the physician’s medical license for two years followed by probation for five years and modified the terms of community service to reflect the completion of 100 hours of community service for each year during the period of probation. Previously on July 5, 2016, the physician’s New York State medical license was summarily suspended by the New York State Commissioner of Health. During the period of probation the physician may only practice medicine in New York State when he is being monitored by a qualified health care professional approved by the Director of the Office of Professional Medical Conduct.

PHYSICIAN SUSPENDED INDEFINATELY FOR FAILING TO SUBMIT TO EVALUATION The Hearing Committee sustained the charges finding the physician guilty of having committed professional misconduct by having been found guilty in the General Sessions Court for Jefferson County, Tennessee of Evading Arrest and for having been disciplined by the North Carolina State Medical Board for having a medical condition, which when left untreated, rendered the physician unable to practice medicine with reasonable skill and safety to patients. The OPMC suspended the physician’s license until such time as the physician submits to and cooperates with an evaluation to determine the physician’s fitness to practice medicine. Both parties may request a review of the Hearing Committee’s Determination and Order.

PHYSICIAN'S LICENSE SUSPENDED THIRTY-SIX (36) MONTHS FOR FAILURE TO REFER PATIENTS IN A TIMELY MANNER TO PAIN MANAGEMENT/ REHABILITATION, KEEP ACCURATE MEDIAL RECORDS AND COMPLY WITH PRESCRIBING REGULATIONS The physician did not contest the charge of having committed professional misconduct by having been disciplined by the Kentucky State Board of Medical Licensure for failing to maintain accurate patient medical records, failing to refer patients in a timely fashion to pain management and/or rehabilitation counseling, and failing to comply with the Board’s regulation regarding the use of controlled medication for pain management. The thirty-six month license suspension is stayed with probation with conditions and a $2,500.00 fine. The physician also must complete the terms and/or conditions of the July 22, 2014 Kentucky Agreed Order. During the period of probation the physician may only practice medicine when his practice is being monitored by a licensed physician, board certified in an appropriate specialty.
 


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