Summary
This case involves a physician who was convicted of a federal felony for conspiracy to commit bribery in connection with a scheme to prevent the closure of a hospital he owned. The underlying criminal conduct involved attempting to bribe a New York State Senator in exchange for preventing the closure of Parkway Hospital in Queens.
The physician was charged with professional misconduct based solely on his federal criminal conviction. After an expedited hearing and administrative review, the physician received a one-year suspension, one year of probation with monitoring, mandatory ethics education, and restrictions on practice ownership and administration, though he was allowed to operate his own solo practice.
Effective Date: 2013 (based on ARB determination)
Type of Doctor: M.D. (Medical Doctor)
Disposition Type: Expedited Hearing followed by Administrative Review Board determination
How many total charges? 1 specification of professional misconduct
What specifications of charges were alleged?
-
- Single Specification: Violation of New York Education Law Section 6530(9)(a)(ii) – being convicted of committing an act constituting a crime under federal law (specifically, felony conspiracy to commit bribery in violation of Title 18 United States Code Sections 1952(a)(3) and 371)
How many patients were involved in each charge? No patients were directly involved – this was a business/administrative crime related to hospital ownership and attempted bribery of a public official
Which charges was the licensee guilty of (either via hearing or negotiated consent)? The physician was found guilty of a single specification of professional misconduct based on his federal criminal conviction
Which charges was the licensee not guilty of? Not applicable – there was only one charge, and it was sustained based on the underlying federal conviction
Outcome/Penalties (specific to this case):
-
- One-year suspension of license (stayed)
- One year of probation with the following conditions:
- Practice monitoring by a board-certified physician in an appropriate specialty
- Completion of a continuing medical education course on medical/professional ethics
- Periodic reporting and compliance verification with OPMC
- Maintenance of medical malpractice coverage
- Various administrative compliance requirements
- Practice restriction: Prohibited from owning or administering a medical practice or Article 28 facility (modified by ARB to allow operation of his own solo medical practice only)
- Administrative Review Board modification: The ARB affirmed the Committee’s determination but modified the practice restriction to allow the physician to operate his own solo practice while maintaining the prohibition on owning or operating group practices or Article 28 facilities