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

High Quality Services And Personal Attention

SBME Reporter – Winter 2016

On Behalf of | Jan 1, 2016 | SBME Reporter

OD M.D.? Volume 5, Issue 1

GROSS DEVIATION FROM STANDARD OF CARE AND INDISCRIMINATE PRESCRIBING RESULTS IN PERMANENT REVOCATION OF LICENSE The New Jersey State Board of Medical Examiners (“Board”) filed a Complaint alleging gross deviations from the standard of care by a physician in connection with his treatment of three New Jersey residents to whom the doctor prescribed Controlled Dangerous Substances (“CDS”) from a Flushing, New York pain clinic. The Complaint was in response to the July 19, 2014 criminal conviction of the physician in New York State Supreme Court for two counts of manslaughter in connection with the overdose deaths of two patients to whom the physician supplied CDS. Also based on the physician’s CDS prescribing practices, the physician was convicted of three counts of first degree reckless endangerment, three counts of second degree endangerment, 180 counts of criminal sale of a prescription, as well as various counts of insurance fraud and falsification of medical records. Based on the criminal conviction in New York, the Board found that the physician engaged in acts constituting a crime or offense involving moral turpitude or relating adversely to the activity regulated by the Board. The Board further found that the physician engaged in the use or employment of dishonesty, fraud, deception, misrepresentation, false promise or false pretense; engaged in gross negligence, gross malpractice or gross incompetence which damaged or endangered the life, health, welfare, safety or property of a patient; engaged in repeated acts of negligence, malpractice or incompetence; engaged in professional or occupational misconduct; and prescribed or dispensed controlled dangerous substances indiscriminately or without good cause, or where the applicant or holder knew or should have known that the substances were to be used for unauthorized consumption or distribution. In response, the Board permanently revoked the physician’s license to practice medicine and surgery in the State of New Jersey.  


PHYSICIAN’S LICENSE REVOKED AFTER PLEADING GUILTY TO HEALTH CARE FRAUD A physician was charged with one count of health care fraud and four counts of providing false statements relating to health care matters. The physician pled guilty in Federal Court to participating in a fraudulent scheme whereby claims for procedures that were never performed were submitted to insurers to the tune of approximately $200,000.00. As a result of the conviction, the Board found that the physician engaged in professional misconduct as he was convicted of acts constituting crimes or offenses involving moral turpitude and/or relating adversely to the practice of medicine. The Board further found that the physician engaged in professional misconduct by violating the insurance fraud prevention law and in failing to demonstrate on-going good moral character. The Board accepted the physician’s voluntary license surrender, which it deemed as a revocation. The physician is now ineligible to apply for or obtain a license to practice medicine and surgery in the State of New Jersey for a period of thirty six (36) months. The Consent Order entered into with the Board further states that the period of revocation shall not terminate unless and until the physician has completed Board approved courses in both ethics and billing. The physician must also make an appearance before a Committee of the Board prior to being granted reinstatement. PHYSICIAN’S SEXUAL MISCONDUCT AND PRACTICE OF MEDICINE IN VIOLATION OF LICENSE SUSPENSION RESULTS IN PERMANENT REVOCATION The New Jersey Attorney General’s office filed a Verified Complaint seeking the immediate, temporary suspension of a licensed podiatrist due to allegations of sexual misconduct and other related inappropriate and lewd behavior. Count One of the Complaint alleged that during the course of an office visit on October 24, 2012, the physician groped and fondled the breasts of a patient. This incident was reported to the police and the physician was arrested the following day and charged with criminal sexual contact. Count Two of the Complaint alleged that the physician, on several occasions, engaged in inappropriate behaviors, including unwanted groping and making sexual references and innuendo with female staff members of a nonprofit organization for which the physician provided on-site podiatric services to developmentally disabled patients residing at the facilities. Following a hearing before a Committee of the Board, the Committee ordered the immediate temporary suspension of the physician’s license to practice podiatry in the State of New Jersey. Despite the Board’s Order of Temporary Suspension, the physician nonetheless continued to provide podiatric services, including, but not limited to, the authorization of several prescriptions for controlled dangerous substances, and the in-person evaluation, diagnosis and treatment of a condition affecting the lower extremities. In response, on March 24, 2015, the Acting Attorney General filed a motion to amend the Complaint to include a third count alleging the unlicensed practice of medicine and violation of the Board’s Order of Temporary Suspension. Based on the foregoing, the physician agreed to immediately and permanently surrender the license to practice podiatry in the State of New Jersey to be deemed as a permanent revocation with prejudice. The physician is further barred from ever reapplying for licensure in the State of New Jersey.