Summary
This case involves a physician who entered into a consent agreement with the New York State Board for Professional Medical Conduct following disciplinary action taken against him in New Jersey. The doctor was originally disciplined in New Jersey for improperly prescribing controlled substances to ten patients and was subsequently charged in New York under reciprocal disciplinary statutes. The case was resolved through a negotiated consent agreement rather than a hearing.
Effective Date: March 6, 2013
Type of Doctor: M.D. (Medical Doctor)
Disposition Type: Negotiated Consent Agreement
How many total charges? 2 specifications of professional misconduct
What specifications of charges were alleged?
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- First Specification: Violation of New York Education Law §6530(9)(b) – being found guilty of improper professional misconduct by a duly authorized professional disciplinary agency of another state (New Jersey)
- Second Specification: Violation of New York Education Law §6530(9)(d) – having disciplinary action taken by a duly authorized professional disciplinary agency of another state
How many patients were involved in each charge? Ten (10) patients were involved in the underlying New Jersey disciplinary action that formed the basis for both New York charges
Which charges was the licensee guilty of (either via hearing or negotiated consent)? The physician did not contest the Second Specification in full satisfaction of all specifications
Which charges was the licensee not guilty of? The First Specification was not pursued as part of the final resolution
Outcome/Penalties (specific to this case):
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- Censure and Reprimand
- $5,000 fine to be paid within 90 days
- Restriction from the practice of pain management and the prescribing, ordering, and administering of controlled substances
- Compliance requirements with New York Education Law §6502 regarding licensee registration
- Compliance requirements with New York Public Health Law §2995-a(4) and 10 NYCRR 1000.5 regarding physician profile reporting
- Full cooperation with OPMC in the administration and enforcement of the consent order and investigations