Summary
This case involves a physician who entered into a consent agreement with the New York State Board for Professional Medical Conduct in November 2012. The physician was charged with three specifications of professional misconduct based on: (1) prior disciplinary action by the California Medical Board for gross negligence and repeated negligent acts, and (2) a 2005 DUI conviction in California. Rather than contest the charges, the physician agreed to permanently surrender their right to practice medicine in New York State. Case Analysis Responses
Effective Date: November 26, 2012
Type of Doctor: Medical Doctor (M.D.)
Disposition Type: Consent Agreement
How many total charges? 3 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
- Third Specification: Violation of NY Education Law §6530(9)(a)(iii) – Convicted of a crime in another jurisdiction
How many patients were involved in each charge? No specific patients were directly involved in these New York charges. The specifications were based on:
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- California Medical Board disciplinary action (underlying patient involvement not specified in NY documents)
- DUI conviction (no patients involved)
Which charges was the licensee guilty of (either via hearing or negotiated consent)? All three specifications. The physician did not contest any of the charges and entered into a consent agreement accepting responsibility.
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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- Agreed to never activate registration to practice medicine as a physician in New York State
- Permanent limitation on registration pursuant to Public Health Law Section 230-a(6)
- No monetary penalty imposed
- No suspension or probation period (since practice rights were permanently surrendered)