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

High Quality Services And Personal Attention

OPMC Reporter – Spring 2015

On Behalf of | Apr 1, 2015 | OPMC Reporter

Doctor DeathVolume 4, Issue 2

CONVICTION OF MANSLAUGHTER; RECKLESS ENDANGERMENT; CRIMINAL SALE OF A PRESCRIPTION FOR A CONTROLLED SUBSTANCE; SCHEME TO DEFRAUD; FALSIFYING BUSINESS RECORDS AND OFFERING A FALSE DOCUMENT FOR FILING License surrender. The physician did not contest the charge of having been convicted in the New York State Supreme Court, New York County of Manslaughter; Reckless Endangerment; Criminal Sale of a Prescription for a Controlled Substance; Scheme to Defraud; Falsifying Business Records and Offering a False Document for Filing.


VIOLATING THE TERMS OF A PREVIOUS ORDER ISSUED BY THE NEW YORK STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT An additional year of probation from the probation imposed in a prior disciplinary action involving physician engaging in inappropriate verbal conduct via text messaging sent to the patient following his examination of a patient, and an additional fine of $10,000. The condition requiring the presence of a chaperone when examining and treating female patients remains in effect. The physician did not contest the charge of violating the terms of a previous order issued by the New York State Board for Professional Medical Conduct.  

NEGLIGENCE ON MORE THAN ONE OCCASION; INCOMPETENCE ON MORE THAN ONE OCCASION AND FAILING TO MAINTAIN RECORDS The physician’s license is limited precluding the prescribing of controlled substances until the results of a clinical competency assessment has been reviewed by the Office of Professional Medical Conduct and it is determined that the corrective action and/or retraining has been successfully completed. Any patients previously prescribed controlled substances must be referred to other healthcare providers. The physician will be placed on probation during the clinical competency assessment whereby the physician may only practice medicine when his practice is monitored by a licensed physician; board certified in appropriate specialty. After completing the assessment the physician may only prescribe controlled substances if he maintains a prescribing log acceptable to the Office of Professional Medical Conduct. The physician will be placed on probation for an additional three years once the assessment has been completed. The Hearing Committee sustained the charges finding the physician guilty of negligence on more than one occasion; incompetence on more than one occasion and failing to maintain records. Specifically, physician treated a patient who complained of heart palpitations. Physician failed to record findings of a physical exam other than to record “p.e. unchanged” when the last physical exam in the record was two years prior. Physician also failed to note any physical findings in connection with complaints noted by the patient on several subsequent visits. Physician treated another patient who was diagnosed with rheumatoid arthritis. The records do not indicate any physical exam or mention of rheumatoid arthritis. Physician also admitted to mailing prescriptions to patients when he did not examine the patient or document the prescription.

CONVICTION OF PAYMENT FOR REFERRALS Pursuant to New York State Public Health Law Section 230(12)(b), the physician may not practice medicine in New York State or in any other jurisdiction where his practice is predicated on holding a valid New York State medical license. Unless modified by the Commissioner, this order remains in effect until the conclusion of the New York State Board for Professional Medical Conduct hearing proceedings. The physician is charged with having been convicted in the United States District Court, District of New Jersey of Accepting Payments for Referrals and having been disciplined by the New Jersey State Board of Medical Examiners. 

FAILING TO COMPLY WITH SUBSTANTIAL PROVISIONS OF FEDERAL, STATE OR LOCAL LAWS, RULES OR REGULATIONS GOVERNING THE PRACTICE OF MEDICINE License surrender. The physician did not contest the charge of failing to comply with substantial provisions of federal, state or local laws, rules or regulations governing the practice of medicine, specifically failure to update her physician profile after several requests were made for physician to provide such information.  CONVICTION OF FAILING TO PAY CHILD SUPPORT AND FRAUDULENT PRACTICE Censure and reprimand and $7,000 fine. The physician admitted guilt to the charges of having been convicted in the United States District Court for the Eastern District of New York of failing to pay child support and fraudulent practice.   PRACTICING MEDICINE WHILE IMPAIRED BY ALCOHOL AND BEING A HABITUAL ABUSER OF ALCOHOL License revocation. The Review Board affirmed the Hearing Committee’s determination finding the physician guilty of practicing medicine while impaired by alcohol and being a habitual abuser of alcohol. The Review Board overturned the Hearing Committee’s penalty and revoked the physician’s license to practice medicine in New York State.