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

High Quality Services And Personal Attention

OPMC Reporter – Summer 2015

On Behalf of | Jul 1, 2015 | OPMC Reporter

Doc Skips TownVolume 4, Issue 3

PHYSICIAN FOUND GUILTY OF ABANDONMENT AND NEGLECT OF MULTIPLE PATIENTS A physician recently received an 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 physician was found to have abruptly stopped seeing patients at his medical practice while simultaneously failing to make reasonable arrangements for the continuation of medical care to multiple patients who were in need of immediate care, including the ordering of medications and communication of lab results. The physician was also found to have failed to forward patients’ medical records to their new medical providers despite many requests and/or attempts to have them forwarded.


RECIPROCAL DISCIPLINE BY OPMC FOR PRESCRIBING, ADMINISTERING, DISPENSING OR SELLING A CONTROLLED DANGEROUS SUBSTANCE (“CDS”) FOR OTHER THAN MEDICAL THERAPEUTIC PURPOSE; KNOWINGLY ACQUIRING CDS BY THEFT, MISREPRESENTATION, FRAUD OR DECEPTION The physician did not contest the charge of having been disciplined by the Nebraska Department of Health and Human Services for prescribing, administering, dispensing or selling a controlled substance for other than a medical therapeutic purpose and knowingly acquiring a controlled substance by theft, misrepresentation, fraud or deception and also having been disciplined by the Ohio State Medical Board. OPMC issued probation for twenty-four months which will commence upon the physician’s return to practice medicine in New York State. Conditions include that the physician must provide a ninety (90) day notice before practicing medicine in New York State or in any other jurisdiction where the practice of medicine is predicated on his New York State medical license. The physician will be precluded from practicing in New York State until he demonstrates to the Office of Professional Medical Conduct that he is fit to practice medicine, after which further conditions may be imposed.  

GROSS NEGLIGENCE ON MORE THAN ONE OCCASION; GROSS INCOMPETENCE ON MORE THAN ONE OCCASION; HARASSING, ABUSING OR INTIMIDATING A PATIENT; MORAL UNFITNESS; HIPAA VIOLATIONS AND FAILING TO MAINTAIN RECORDS The physician agreed he could not successfully defend against at least one of the charges alleging gross negligence; gross incompetence; negligence on more than one occasion; incompetence on more than one occasion; harassing, abusing or intimidating a patient physically or verbally; engaging in moral unfitness; failing to maintain accurate patient records and revealing personally identifiable facts, data or information without the prior consent of the patient. The investigation focused on the treatment of multiple patients of the physician psychiatrist that raised a number of serious concerns to OPMC. As a result, OPMC suspended the physician’s license for six (6) months. The physician must also obtain a clinical competency assessment prior to the reinstatement of his license confirming his fitness to return to practice. The physician will also be on probation for thirty-six (36) months after the suspension has been lifted.

NEGLIGENCE ON MORE THAN ONE OCCASION; INCOMPETENCE ON MORE THAN ONE OCCASION AND FAILURE TO COMPLY WITH STATE REGULATION The physician did not contest the charges of negligence on more than one occasion, incompetence on more than one occasion and failing to comply with a state regulation. Particularly, it was found that the physician prescribed for twenty-eight (28) different patients a compound topical gel containing Ketamine, a controlled dangerous substance. The physician prescribed the Ketamine gel without adequate indication, without screening the patients for risks associated with prescribing controlled dangerous substances and failing to accurately document the prescription of the Ketamine gel to the patients. As a result, the physician’s license was suspended for thirty-six (36) months; however, the suspension is stayed with probation for thirty-six (36) months and a $50,000.00 fine. Additionally, during probation the physician may only practice medicine when his practice is being monitored by a licensed physician who is board certified in the appropriate specialty. 

VIOLATION OF BOARD ORDER On December 23, 2014 the physician entered into a Consent Agreement with OPMC that, among other things, prohibited the physician from self-prescribing controlled dangerous substances or prescribing to family members. On January 5, 2015, the physician was charged with having committed criminal offenses in violation of the Consent Agreement. The physician did not contest the charge of violating the terms of a previous order imposed by the OPMC and received an indefinite license suspension for a period of no less than twelve (12) 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 the physician’s practice of medicine. The license restriction prohibiting the physician from prescribing controlled substances for herself or family members remains in effect.