Summary
This case involves a physician who entered into a consent agreement for fraudulent practice by falsely representing himself as board-certified. The physician knowingly and with intent to mislead claimed to be a board-certified physician and/or board-certified cosmetic surgeon when he knew he held no such certifications. The case was resolved through a consent order with censure and reprimand, mandatory ethics education, and a significant monetary fine.
Case Analysis
Effective Date: August 22, 2011
Type of Doctor: Not specified in the documents
Disposition Type: Consent Order – Censure and Reprimand
How many total charges? One specification
What specifications of charges were alleged? First Specification: Fraudulent Practice (N.Y. Education Law § 6530(2)) – practicing the profession of medicine fraudulently by knowingly and with intent to mislead, representing that he was a Board-certified physician and/or a Board-certified cosmetic surgeon when he knew he was not
How many patients were involved in each charge? Not specified – the fraudulent misrepresentation appears to have been made generally rather than to specific patients
Which charges was the licensee guilty of (either via hearing or negotiated consent)? The physician did not contest the First Specification (Fraudulent Practice) in full satisfaction of all charges
Which charges was the licensee not guilty of? Not applicable – only one charge was filed
Outcome/Penalties (specific to this case):
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- Censure and Reprimand (N.Y. Pub. Health Law § 230-a(1))
- Required continuing education program in Medical Ethics:
- Subject to Director of OPMC’s prior written approval
- Must be completed within 90 days of the effective date
- $10,000 fine to be paid within 30 days
- Failure to pay the fine subjects the physician to debt collection procedures including interest, late payment charges, referral to Department of Taxation and Finance, and non-renewal of permits or licenses
- Full cooperation with OPMC required