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J. A. 032311

Summary

This case involves a physician who voluntarily surrendered their medical license in New York following disciplinary action by the Pennsylvania Board of Medicine. The Pennsylvania Board had publicly reprimanded the physician for making inappropriate sexual advances to a patient, requiring sexual boundaries training and imposing practice restrictions. Rather than contesting charges that this conduct would constitute professional misconduct in New York, the physician chose to surrender their license.

Case Analysis

Effective Date: March 23, 2011

Type of Doctor: Not specified in the documents

Disposition Type: Surrender of License

How many total charges? Two specifications

What specifications of charges were alleged?

    • First Specification: Having been found guilty of improper professional practice or professional misconduct by a duly authorized professional disciplinary agency of another state (N.Y. Education Law §6530(9)(b))
    • Second Specification: Having disciplinary action taken by a duly authorized professional disciplinary agency of another state (N.Y. Education Law §6530(9)(d))

How many patients were involved in each charge? One patient (based on the Pennsylvania Board’s action for making inappropriate sexual advances to “a current patient”)

Which charges was the licensee guilty of (either via hearing or negotiated consent)? The physician did not contest either of the two specifications as part of the surrender agreement

Which charges was the licensee not guilty of? Not applicable – the physician did not contest any charges

Outcome/Penalties (specific to this case):

    • Surrender of medical license
    • Name stricken from the roster of physicians in New York State
    • The Pennsylvania Board action that triggered this included:
    • Public reprimand
    • Required 10-hour course on sexual boundaries within 6 months
    • $5,000 fine
    • Condition prohibiting physical examination of female patients without a chaperone present
  • Required to comply with all requirements for closing a medical practice (Exhibit “B”)

Not to be used as legal advice. Not to be used as a source of legal guidance.