Weiss Zarett Brofman | Sonnenklar & Levy, P.C. | Attorneys At Law

High Quality Services And Personal Attention

OPMC Reporter – Spring 2014

On Behalf of | Apr 1, 2014 | OPMC Reporter

CONVICTION OF POSSESSION OF CHILD PORNOGRAPHY License suspension for thirty-six months, stayed with probation for sixty months and until the physician complies with the terms imposed by the United States District Court, Eastern New York. The physician’s license is limited to preclude him from treating patients eighteen years old or younger. The physician must obtain an evaluation by an evaluator specializing in sexual disorders and shall be subject to whatever limitations or conditions that are imposed pursuant to the evaluation findings. The physician did not contest the charge of having been convicted in the United States District Court, Eastern District of New York of possession of child pornography. 


HABITUAL ABUSER OF ALCOHOL OR BEING DEPENDENT UPON CONTROLLED SUBSTANCES OR HAVING A PSYCHIATRIC CONDITION WHICH IMPAIRS HIS ABILITY TO PRACTICE MEDICINE Indefinite license suspension for a period of no less than twelve months, after which the physician may petition for a modification order staying the suspension. The modification order may include probationary terms and/or further conditions concerning his practice of medicine. The physician admitted guilt to the charges of being a habitual abuser of alcohol or being dependent upon controlled substances or having a psychiatric condition which impairs his ability to practice medicine.

CONVICTION REGARDING ATTEMPTED ASSAULT Censure and reprimand and the physician must complete a continuing education program in Anger Management. The physician assistant did not contest the charge of having been convicted in the City Court of Mount Vernon, Westchester County, New York of Attempted Assault.

PRACTICING WHILE IMPAIRED AND ENGAGING IN MORAL UNFITNESS The physician’s medical license is limited precluding all patient contact and the practice of medicine clinical or otherwise. The physician may not use his medical license as a basis for practicing any other profession licensed or regulated by the New York State Board of Regents, Department of Health or the Department of State. If the physician has an opportunity for employment which requires a license to practice medicine, the physician must obtain approval from the Director of the Office of Professional Medical Conduct after which his practice may be subject to conditions. The physician did not contest the charge of practicing while impaired due to mental illness and alcohol use or abuse and engaging in moral unfitness with respect to engaging in inappropriate physical contact with one or more patients.  

CONVICTION OF CONSPIRACY TO COMMIT BRIBERY License suspension for two years, stayed with probation for five years. The Review Board affirmed the Hearing Committee’s determination finding the physician guilty of having been convicted in the United States District Court, Southern District of New York of Conspiracy to Commit Bribery. The Review Board overturned the Hearing Committee’s penalty of revocation and suspended the physician’s medical license for two years, the suspension was stayed with probation for five years. During probation the physician may only practice medicine when his practice is being monitored by a licensed physician; board certified in an appropriate specialty.

REVEALING PERSONALLY IDENTIFIABLE FACTS OR INFORMATION WITHOUT THE CONSENT OF THE PATIENT Censure and Reprimand. The physician did not contest the charge of revealing personally identifiable facts or information without the consent of the patient. Specifically, the physician sent three separate e-mail messages to numerous recipients including health information about the patient, her husband, and other family members who were also patients of the physician.