Summary
This case involves a physician who voluntarily surrendered their New York medical license in November 2012 after being charged with two specifications of professional misconduct. The charges were based on disciplinary action taken by the California Medical Board in July 2012, which had revoked the physician’s California license (with a stayed revocation), imposed a 60-day active suspension, and placed the physician on five years of probation. The underlying California violations included gross negligence, repeated negligent acts, incompetence, and failure to maintain adequate medical records. Rather than contest the New York charges, the physician chose to surrender their license and agreed to comprehensive practice closure requirements.
Case Analysis Responses
Effective Date: November 26, 2012
Type of Doctor: Medical Doctor (M.D.)
Disposition Type: Surrender of License
How many total charges? 2 specifications of professional misconduct
What specifications of charges were alleged?
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- First Specification: Violation of NY Education Law §6530(9)(b) – Found guilty of professional misconduct by another state’s disciplinary agency
- Second Specification: Violation of NY Education Law §6530(9)(d) – Having license revoked/disciplinary action taken by another state
How many patients were involved in each charge? No specific patients were directly involved in these New York charges. The specifications were based on the California Medical Board’s disciplinary action (underlying patient involvement occurred in California, but specific numbers were not detailed in NY documents).
Which charges was the licensee guilty of (either via hearing or negotiated consent)? Both specifications. The physician did not contest the charges and voluntarily applied to surrender the license.
Which charges was the licensee not guilty of? None. The physician did not contest any specifications.
Outcome/Penalties (specific to this case):
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- License Surrender: Physician’s name stricken from New York physician roster
- Practice Closure Requirements: Comprehensive requirements, including:
- Immediate cessation of medical practice in New York
- Surrender of license and registration within 5 days
- Notify all patients within 15 days of practice cessation
- Transfer patient medical records within 30 days
- Surrender DEA certificate and unused prescription forms within 15 days
- Remove all professional signs and advertisements within 15 days
- Prohibition on charging fees for professional services
- Divestiture of financial interests in professional service corporations within 90 days
- No monetary penalty imposed
- No suspension or probation period (since license was surrendered)