CASE ANALYSIS SUMMARY
Bottom Line: This case involved a physician (Doctor of Osteopathy) who voluntarily surrendered their New York medical license rather than contest charges related to multiple criminal convictions in New York state courts. The physician was convicted of criminal contempt, criminal impersonation, and operating a motor vehicle under the influence of drugs or alcohol, resulting in jail time and probation. Rather than face a disciplinary hearing, the physician chose to surrender their license and agreed to extensive practice closure requirements.
DETAILED CASE ANALYSIS
Effective Date: June 5, 2012 (effective June 12, 2012)
Type of Doctor: Doctor of Osteopathy (D.O.) licensed to practice medicine in New York State
Disposition Type: Voluntary surrender of license (negotiated consent)
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)(a)(i) for being convicted of committing an act constituting a crime under New York state law (Criminal Contempt in the 2nd Degree)
- Second Specification: Violation of New York Education Law §6530(9)(a)(i) for being convicted of committing an act constituting a crime under New York state law (Criminal Impersonation and Operating a Motor Vehicle Under the Influence of Drugs or Alcohol)
How many patients were involved in each charge? The criminal convictions did not involve patients directly – they were related to criminal contempt, criminal impersonation, and DUI charges
Which charges was the licensee guilty of (either via hearing or negotiated consent)? The physician voluntarily surrendered their license without contesting either specification, effectively accepting responsibility for both:
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- First Specification: Not contested (voluntary surrender)
- Second Specification: Not contested (voluntary surrender)
Which charges was the licensee not guilty of? The physician chose not to contest any charges through voluntary surrender, so there were no not-guilty findings.
Outcome/Penalties (specific to this case):
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- Primary Penalty: Voluntary surrender of license to practice medicine in New York State
- Name removed from the physician roster in New York
- Extensive Practice Closure Requirements, including:
- Immediate cessation of medical practice in New York
- Patient notification within 15 days of cessation
- Medical records transfer arrangements within 30 days
- Surrender of the DEA certificate and controlled substance privileges within 15 days
- Return of prescription forms within 15 days
- Cessation of all medical advertising and professional representations
- Divestiture of financial interests in medical corporations within 90 days
- Underlying Criminal Convictions:
- December 8, 2008: Pled guilty to Criminal Contempt in the 2nd Degree (N.Y. Penal Law §215.50, misdemeanor); sentenced June 25, 2009, to time served and 3 years probation
- June 26, 2009: Pled guilty to Criminal Impersonation (N.Y. Penal Law §190.25, misdemeanor) and Operating a Motor Vehicle Under the Influence of Drugs or Alcohol (N.Y. Vehicle and Traffic Law §1192.3, misdemeanor); sentenced September 9, 2009, to 45 days imprisonment and 3 years probation
- Process Note: This was a voluntary surrender application by the physician rather than a contested hearing, allowing them to avoid “the various risks and burdens of a hearing on the merits.” The physician stated the surrender was made “of my own free will and not under duress, compulsion or restraint” and waived their right to contest the surrender order.
The physician acknowledged being charged with the specifications and chose to surrender rather than defend against the charges related to multiple criminal convictions in New York state courts.