Summary
This case involves a physician who voluntarily surrendered their medical license following charges of violating the terms of a previous disciplinary order. The physician had been subject to a 2011 consent order that imposed a 36-month stayed suspension and probation with restrictions, but failed to comply with key requirements, including maintaining active license registration and cooperating with the Office of Professional Medical Conduct. Rather than contest the probation violation charges, the physician chose to surrender their license in 2013.
Effective Date: September 13, 2013
Type of Doctor: M.D. (Medical Doctor) – Licensed July 13, 1995
Disposition Type: Voluntary Surrender of License
How many total charges? 1 specification of professional misconduct
What specifications of charges were alleged? Violating Any Term of Probation or Condition or Limitation – Professional misconduct under N.Y. Education Law § 6530(29) by violating any term of probation or condition or limitation imposed on the licensee pursuant to section 230 of the Public Health Law. Specifically, the physician violated terms of BPMC Order No. 11-179 (effective July 21, 2011) by:
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- Failing to maintain active registration of New York medical license since October 1, 2010 (despite being required to do so under the previous consent order)
- Failing to respond to repeated requests from OPMC to cooperate regarding this matter
How many patients were involved in each charge? None – this was a probation violation related to administrative non-compliance with previous disciplinary requirements, not direct patient care issues.
Which charges was the licensee guilty of (either via hearing or negotiated consent)? The physician did not contest the charge and explicitly agreed to surrender the license “on the grounds that I do not contest the First Specification (Failing to comply with a Board Order) in full satisfaction of the charges against me.” By accepting the surrender terms, the physician effectively accepted responsibility for violating the previous disciplinary order.
Which charges was the licensee not guilty of? Not applicable – there was only one charge, and the physician chose not to contest it through the surrender agreement.
Outcome/Penalties (specific to this case):
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- Voluntary surrender of medical license in New York State
- Physician’s name stricken from the roster of physicians in New York State
- Immediate cessation of medical practice in New York State
- Required to deliver original license and registration to the Office of Professional Medical Conduct within 5 days
- Required to notify all patients within 15 days of cessation of practice and refer them to other licensed practitioners
- Required to arrange for transfer and maintenance of all patient medical records within 30 days
- Must surrender any DEA controlled substance privileges within 15 days
- Must return unused prescription forms to the Bureau of Narcotic Enforcement within 15 days
- Must remove all public representations of eligibility to practice medicine within 15 days
- Prohibited from charging, receiving or sharing fees for professional services while barred from practice
- If holding shares in professional service corporation, must divest financial interest within 90 days
- License surrender reported to National Practitioner Data Bank and Federation of State Medical Boards
Background Context: The physician had previously entered into BPMC Order No. 11-179 (effective July 21, 2011) which imposed a 36-month suspension (stayed) and 36-month probation. That order permanently restricted the physician from working at emergency departments or urgent care facilities and required maintaining active license registration, among other requirements. The physician’s failure to comply with these basic requirements led to the current surrender.