Summer 2015
Volume 4, Issue 3

“DRUG DEALING DOCS?”

DOCTOR’S LICENSE REVOKED FOR UNLAWFUL DISTRIBUTION OF CONTROLLED DANGEROUS SUBSTANCES Earlier this year a physician’s license to practice medicine and surgery in New Jersey was revoked after the physician pled guilty in the United States District Court to unlawful distribution of controlled dangerous substances and was sentenced to serve twenty-five months in prison and ordered to forfeit $2,350.00. As part of the guilty plea, the physician admitted to writing prescriptions for Oxycontin, Roxicodone and Percocet in exchange for cash, knowing that there was no medical need or basis for the prescriptions he wrote. The Board concluded that the evidence suggests that the physician was not acting as a physician, but rather as a drug dealer. The Board assessed $10,000.00 in penalties and assessed costs in the amount of $24,288.10.

FRAUDULENT AND INDISCRIMINATE PRESCRIBING RESULTS IN REVOCATION OF LICENSE A physician found to have been engaged in the fraudulent and indiscriminate prescribing of controlled dangerous substances recently had his license revoked. The Board found that the physician, who worked primarily at a hospital in New York, prescribed controlled dangerous substances in the names of patients that the physician never treated and provided multiple prescriptions in the names of fictitious patients. The prescriptions were sometimes postdated and no records were maintained for the fictitious patients. The physician admitted to the Board that he obtained controlled dangerous substances for personal use as well by issuing prescriptions in the name of at least one family member.

PHYSICIAN ASSISTANT’S INDISCRIMINATE PRESCRIBING LEADS TO LICENSE SUSPENSION A physician assistant recently had her license suspended for a period of three (3) years and was barred from practicing as a physician assistant until recertification by the National Commission on Certification of Physician Assistants. The physician assistant was also ordered to undergo an evaluation by the Professional Assistance Program, pay costs, penalties and be actively monitored by a physician upon return to work. The penalties stem from findings by the Board that the physician assistant fraudulently issued prescriptions for a non-patient beyond the scope of practice. The physician assistant admitted to writing 110 prescriptions between 2007 and 2011 to her boyfriend without authority to do so. The prescriptions were typically for Oxycodone and Percocet with many written prior to the depletion of the previously issued prescriptions in terms of the day’s supply of the medication. The physician assistant further admitted to writing 13 prescriptions for four different friends without authority to do so.


IN OTHER NEWS...

FELONY CONVICTION RESULTS IN REVOCATION OF LICENSE An out-of-state physician was indicted in Ohio for attempted aggravated murder, attempted murder, kidnapping and felonious assault. The physician preliminarily agreed to a temporary suspension of his medical license in New Jersey until disposition of the matter. After entering a guilty plea for felonious assault, a second-degree felony, the physician was sentenced to three (3) years in prison. As a result of the guilty plea, the Board found that the physician engaged in professional misconduct, specifically in committing an act constituting a crime or offense involving moral turpitude and/or relating adversely to the practice of medicine. The physician was also found to have failed to demonstrate an on-going good moral character. As a result, the Board accepted the physician’s license surrender that was deemed a revocation.

PHYSICIAN PRACTICING MEDICINE WITH EXPIRED LICENSE AND NO MALPRACTICE INSURANCE HAS LICENSE REVOKED The Board revoked the license of a physician whose license expired on June 30, 2011, failed to maintain any malpractice insurance and refused to cooperate with the Board investigation. The physician was also found to have provided false documentation to an insurance company and the Enforcement Bureau concerning the physician’s medical license. The physician’s medical license was first suspended after failing to oppose the Attorney General’s request that the physician’s license be suspended immediately. The physician further failed to appear at the hearing before a Committee of the Board. The Committee entered an order temporarily suspending the physician’s license, and later, the full Board reviewed the Committee’s recommendations, as well as the entire record, and agreed unanimously that good cause existed to adopt the recommendation of the Committee. The Board then learned that the physician was indicted for the unlicensed practice of medicine, theft by deception and forgery. The Board also learned the physician continued to practice without a license and in violation of the Order temporarily suspending his medical license. This initiated a new Board action that resulted in the physician agreeing to voluntarily surrender his license, which the Board will deem as a revocation. The physician was further barred from applying for or obtaining a license to practice medicine and surgery in New Jersey for three (3) years. The Board also assigned costs of investigation and prosecution of the matter totaling $31,280.26, as well as a $70,000.00 penalty for the multiple violations of New Jersey statutes and regulations.


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