CASE ANALYSIS SUMMARY
Bottom Line: This case involved a physician who entered into a consent agreement regarding the inappropriate prescribing of controlled substances (including narcotics) to two patients over two years. Rather than contest the charges, the physician agreed to a 36-month probation with extensive monitoring requirements, including mandatory practice supervision by an approved physician monitor, continuing education, and strict compliance with controlled substance prescribing guidelines.
DETAILED CASE ANALYSIS
Effective Date: August 20, 2012 (effective August 27, 2012)
Type of Doctor: Medical Doctor (M.D.) licensed to practice medicine in New York State
Disposition Type: Consent agreement (negotiated settlement)
How many total charges? 1 specification of professional misconduct
What specifications of charges were alleged? First Specification: Negligence On More Than One Occasion – violation of New York Education Law §6530(3) for practicing medicine with negligence on more than one occasion
How many patients were involved in each charge? 2 patients (identified as Patients A and B) were involved in the inappropriate prescribing of controlled substances
Which charges was the licensee guilty of (either via hearing or negotiated consent)? First Specification: Guilty by consent agreement – the physician did not contest the charge of negligence on more than one occasion and agreed to the penalty in “full satisfaction of the charges”
Which charges was the licensee not guilty of? There was only one charge, which was resolved through the consent agreement.
Outcome/Penalties (specific to this case):
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- Primary Penalty: 36 months probation under N.Y. Public Health Law § 230-a(9)
- Extensive Probation Terms including:
Practice Monitoring Requirements:
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- Must practice only under supervision of a licensed physician monitor approved by OPMC Director
- Monitor has unlimited access to all practice locations, records, and prescribing information
- Physician must pay all monitoring expenses and fees
- Monitor must provide quarterly written reports to OPMC
- Monitor can conduct random unannounced visits
Professional Requirements:
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- Maintain active registration with New York State Education Department
- Maintain medical malpractice insurance ($2 million per occurrence, $6 million per policy year)
- Complete continuing education program in controlled substances prescribing and medical recordkeeping within 90 days
- Maintain complete and accurate medical records for all controlled substance prescriptions
- Adhere to federal and state infection control guidelines
Reporting and Compliance:
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- Provide OPMC with detailed employment and practice information within 30 days
- Report any changes in practice, employment, or legal issues within 30 days
- Cooperate fully with OPMC investigations and periodic verification requests
- Meet with OPMC Director’s designee as requested
Additional Conditions:
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- Probation period tolls (pauses) during any period of medical practice inactivity of 30+ consecutive days
- Any violation of probation terms may result in probation violation proceedings
- Failure to pay monetary penalties subjects physician to debt collection procedures
- Underlying Conduct: During 2009-2010, the physician prescribed controlled substances, including narcotics, in an inappropriate manner to two patients
- Process Note: This was a voluntary consent agreement where the physician chose to resolve the matter without a hearing, stating the agreement was made “of my own free will and not under duress, compulsion or restraint.” The physician waived the right to contest the consent order and agreed to be bound by its terms.
The consent agreement allows the physician to continue practicing medicine but under strict supervision and monitoring to ensure appropriate prescribing practices for controlled substances.