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R. A. 080310

Case Summary

This case involved a doctor who was disciplined for a DUI conviction rather than patient care issues. The doctor did not contest the charge and completed the terms of her disciplinary order by 2013.

Case Analysis 

Effective Date: August 3, 2010

Type of Doctor: M.D. (Medical Doctor)

Disposition Type: Consent Agreement

How many total charges? 1 charge

What specifications of charges were alleged? Violation of New York Education Law §6530(9)(i) – being convicted of committing an act constituting a crime under New York state law. Specifically: Operating a motor vehicle while under the influence of alcohol – aggravated driving while intoxicated, per se, in violation of New York Vehicle Traffic Law §1192.2A (misdemeanor). Criminal conviction occurred on January 6, 2009, in the District Court of Nassau County – Hempstead, NY, based on a guilty plea.

How many patients were involved in each charge? No patients were involved – this was based on a criminal conviction for DUI/DWI, not patient care related.

Which charges was the licensee guilty of (either via hearing or negotiated consent)? The licensee agreed to the one specification through a negotiated consent agreement. She did not contest the charge and entered into a formal consent agreement with specific negotiated terms.

Which charges was the licensee not guilty of? Not applicable – there was only one charge, and it was resolved through a consent agreement.

Outcome/Penalties (specific to this case):

    • Censure and reprimand
    • $1,000 fine (to be paid within 30 days of effective date)
    • Required to enroll/continue enrollment in Committee for Physician Health (CPH) program and comply with recovery contract
    • Must provide CPH authorization to share information with OPMC
    • CPH must report to OPMC if licensee refuses to comply or is regarded as imminent danger
    • Must remain in continuous compliance with NY Education Law registration requirements
    • Must cooperate fully with OPMC in administration and enforcement of the order
    • Case Order: BPMC #10-129
    • The physician completed the terms of her order on March 26, 2013

Additional Case Details:

    • Case completed successfully in 2013

 

Not to be used as legal advice. Not to be used as a source of legal guidance.