Summary
This case involves a psychiatrist who entered into a consent agreement with the New York State Board for Professional Medical Conduct following charges of negligence and failure to maintain proper medical records in the treatment of four patients. The underlying conduct involved substandard care of pediatric and adult psychiatric patients, including improper medication management, inadequate monitoring, poor documentation, and failure to follow accepted standards of medical practice. Rather than defend against the charges, the physician agreed to a severe limitation of his license that effectively prohibits him from practicing medicine.
Effective Date: July 28, 2013
Type of Doctor: M.D. (Medical Doctor) – Psychiatrist
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: Negligence on more than one occasion – violation of New York Education Law §6530(3) by practicing the profession of medicine with negligence on more than one occasion
- Second Specification: Failure to maintain a record – violation of New York Education Law §6530(32) by failing to maintain a record for each patient which accurately reflects the evaluation and treatment of the patient
How many patients were involved in each charge? Four (4) patients total:
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- Patient A: 10-year-old male treated from May 2005 to December 2008 for ADHD, Conduct Disorder, Dysthymic Disorder and Bipolar Disorder
- Patient B: 38-year-old male treated from January to February 2011 for chemical dependency
- Patient C: 50-year-old female treated from October to December 2010 (morbidly obese, hypertensive, diabetic and hypothyroid individual with psychosis)
- Patient D: 7-year-old female treated from February to October 2007 for ADHD
Which charges was the licensee guilty of (either via hearing or negotiated consent)? The physician acknowledged he “cannot successfully defend against at least one of the acts of misconduct alleged” and agreed to the negotiated penalty, effectively accepting responsibility for the charges
Which charges was the licensee not guilty of? Not applicable – the physician accepted responsibility through the consent agreement rather than contesting individual charges
Outcome/Penalties (specific to this case):
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- Severe license limitation effective October 15, 2013 – license limited to preclude patient contact and any practice of medicine, clinical or otherwise
- Complete prohibition from diagnosing, treating, operating, or prescribing for any human disease, pain, injury, deformity, or physical condition
- Administrative requirements:
- Notify New York State Education Department that license status is “inactive” within 30 days
- Return all official New York State prescriptions to Bureau of Narcotic Enforcement within 30 days
- Surrender DEA certificate to DEA within 15 days (if applicable)
- OPMC oversight: Full cooperation with OPMC administration and enforcement, including periodic performance reviews and compliance verification
- Practice closure requirements: Must comply with all standard requirements for closing a medical practice, including:
- Immediate cessation of practice
- Delivery of license and registration within 5 days
- Patient notification and referral within 15 days
- Medical records transfer and maintenance
- Removal of professional signage and advertisements
- Divestiture of financial interests in professional corporations
Note: This penalty effectively ended the physician’s ability to practice medicine while maintaining the technical status of the license in an inactive/limited state.