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 by the Maryland State Board of Physicians. The physician was found guilty of professional misconduct in Maryland related to inappropriate prescribing practices, inadequate record-keeping, and failure to properly evaluate patients before prescribing high-dose narcotics and benzodiazepines. Rather than contest the charges in New York, the physician agreed to a stayed two-year license suspension and three years of probation with extensive monitoring requirements.
Effective Date: August 23, 2013
Type of Doctor: M.D. (Medical Doctor) – Licensed November 17, 1993
Disposition Type: Consent Order with Stayed Suspension and Probation
How many total charges? 2 specifications of professional misconduct
What specifications of charges were alleged? First Specification: Professional misconduct under N.Y. Education Law § 6530(9)(b) – having been found guilty of improper professional practice or professional misconduct by a duly authorized professional disciplinary agency of another state (Maryland), where the conduct would constitute professional misconduct under New York laws.
Second Specification: Professional misconduct under N.Y. Education Law § 6530(9)(d) – having a license to practice medicine suspended after a disciplinary proceeding by a duly authorized professional disciplinary agency of another state (Maryland), where the conduct resulting in the suspension would constitute professional misconduct under New York laws.
The underlying Maryland disciplinary action involved: failure to verify and document patients’ prior care before prescribing high-dose narcotics and benzodiazepines; failure to evaluate and treat specific causes of patients’ pain; failure to document or address patients’ positive urine screens for illicit drugs; continued prescribing of high-dose narcotics despite positive drug screens; and inappropriate prescribing practices and failure to refer patients for specialty consultations.
How many patients were involved in each charge? Multiple patients (exact number not specified). The Maryland Board determined that the physician’s continued practice constituted “a substantial risk of serious harm to the public health, safety, or welfare.”
Which charges was the licensee guilty of (either via hearing or negotiated consent)? The physician did NOT contest the First Specification and agreed to the negotiated consent order. The physician effectively accepted responsibility for both specifications through the consent agreement, as the agreement references compliance with both the Maryland Order and New York requirements.
Which charges was the licensee not guilty of? The physician specifically stated he does “not contest the First Specification.” The Second Specification was resolved through the consent agreement without a formal admission of guilt, but the physician agreed to be bound by the consent order addressing both specifications.
Outcome/Penalties (specific to this case):
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- Two-year suspension of medical license, STAYED pursuant to N.Y. Public Health Law § 230-a(9)
- Three years of probation with extensive terms and conditions
- Physician noted he does not currently practice in New York State
- Must comply with all requirements of the Maryland State Board of Physicians Order
- Must provide written authorization for the Maryland Board to share information with the New York OPMC
- Must submit semi-annual signed compliance declarations to OPMC
- Continuous compliance with all New York Public Health Law reporting and registration requirements
- Must cooperate fully with OPMC in the administration and enforcement of the consent order
- Must maintain malpractice insurance coverage with minimum limits of $2 million per occurrence and $6 million per policy year
- If returning to practice in New York, must provide 90 days’ written notice and may be subject to additional limitations or conditions at OPMC’s discretion
- All probation terms from Exhibit B apply, including practice monitoring requirements, continuing education, infection control standards, complete medical records maintenance, controlled substance education program, practice only when monitored by a licensed physician, and quarterly reporting requirements