Case Analysis Summary

Case Overview: The physician entered into a consent agreement with the New York State Board for Professional Medical Conduct following a criminal conviction for aggravated driving while intoxicated. The case was resolved through negotiated consent rather than a formal hearing, with the physician accepting responsibility and agreeing to professional monitoring and rehabilitation requirements.

---

Case Analysis Details

Effective Date: August 3, 2010

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

Disposition Type: Consent Order (Negotiated Settlement)

How many total charges? 1

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
  • Factual basis: Criminal conviction for operating a motor vehicle while under the influence of alcohol (aggravated driving while intoxicated), a misdemeanor under New York Vehicle Traffic Law §1192.2A

How many patients were involved in each charge? None – this case involved a criminal conviction unrelated to patient care

Which charges was the licensee guilty of (either via hearing or negotiated consent)? The physician did not contest the single specification of professional misconduct and agreed to the consent order terms

Which charges was the licensee not guilty of? Not applicable – there was only one charge, which was not contested

Outcome/Penalties (specific to this case):

• • Censure and Reprimand
  • $1,000.00 fine payable within 30 days to the NYS Department of Health
  • Mandatory enrollment/continued participation in the Committee for Physician Health (CPH) with contractual obligations
  • Required authorization for CPH to provide information to OPMC and report non-compliance or public danger concerns
  • Must remain in continuous compliance with New York Education Law requirements including registration and fee payments
  • Must cooperate fully with OPMC in administration and enforcement of the consent order
  • Must respond timely to OPMC requests and meet with designated personnel as directed
  • Must provide all requested documents and information under the physician’s control