The New Jersey State Board of Medical Examiners (the “Board”) has taken the following actions in May 2008. This information is a summary prepared by the Board Administrative Office staff. Copies of the Orders can be found at www.njconsumeraffairs.gov/bme under the right-hand pull down menu, “Board Activities,” “Monthly Summaries.” Requests for certified, true copies should be made in writing directed to William V. Roeder, Executive Director, P.O. Box 183, Trenton, New Jersey 08625.
AZIZ,Abid S., M.D. 
License #MA065416
20 Hathaway Dr.
Princeton Junction, NJ 08550-1663
McGil University, 1995
FINAL ORDER OF DISCIPLINE filed May 23, 2008. This matter was opened to the Board upon receipt of information which the Board has reviewed. Dr. Aziz failed to submit his biennial renewal on June 30, 2005, and his license to practice medicine was automatically suspended in New Jersey. On or about February 7, 2007, the New York Department of Health entered a Determination and Order based upon findings and conclusions made at Hearing conducted by a Committee of the State Board for Professional Medical Conduct (“BPMC”) held on December 13, 2007, for which Dr. Aziz failed to appear. The BPMC ordered that the First Specification of Professional Misconduct, set forth in the Statement of Charges was sustained and that Dr. Aziz’s license to practice medicine was revoked. The disciplinary action taken by the BPMC was based on Dr. Aziz’s failure to comply with an Order issued by the BPMC requiring him to submit to an examination by a physician designated by them within 45 days of the effective date of the Order and cooperate with the Multi-disciplinary Assessment Program. The above disciplinary action taken by the New York BPMC provided grounds for the suspension of Dr. Aziz’s license to practice medicine and surgery in New Jersey pursuant to N.J.S.A. 45:1-21(g), in that it is based on the revocation of his license in another State. The New Jersey Board ordered the license of Dr. Aziz suspended until such time as his license to practice medicine in New York is fully reinstated without any restrictions and that he has satisfied all aspects of the Order in New York and subject to the re-application process pursuant to N.J.S.A. 45:1-7.1(d). Prior to the Board entertaining an application for reinstatement and resuming active practice in New Jersey, Dr. Aziz must appear before the New Jersey Board to demonstrate his fitness to do so, to show that he has satisfied all requirements of the New York BPMC and any practice of medicine or surgery in this State prior to said appearance shall constitute grounds for the charge of unlicensed practice. In addition, the Board reserves the right to place restrictions on his practice should his license be reinstated. EFFECTIVE DATE: May 23, 2008.
BURSZTYN, Enrique, M.D.
License #MA036989
1213 Burnett Lane
Vincennes, IN 47591
Univ/Repub/Montevideo, 1957
FLEX Endorsement
CONSENT ORDER filed May 15, 2008. This matter was opened to the Board upon receipt of Dr. Bursztyn’s request for a unrestricted licensure. Dr. Bursztyn was suspended from the practice of medicine based upon his false representations on his initial licensure application in Maryland (to which his licensure was denied) and thereafter being suspended for one year in New York on or about July 10, 2006, based upon the false representations made in Maryland. Dr Bursztyn’s suspension in New Jersey was retroactive to the suspension in New York that began on November 2, 2006. The New Jersey Consent Order filed on May 10, 2007, required Dr. Bursztyn prior to any application for reinstatement of his medical license in New Jersey, to submit documentation to the Board proving he has fully complied with the New York Order. By way of correspondence dated December 7, 2007, Dr. Bursztyn submitted a letter from the State of New York stating he has fulfilled all of the requirements of his Order with New York. The New Jersey Board having reviewed all information found Dr. Bursztyn had satisfied the one year suspension of his license and that he has fully complied with the New York Order dated on or about July 10, 2006. The New Jersey Board ordered Dr. Bursztyn an unrestricted license to practice medicine and surgery in New Jersey. EFFECTIVE DATE: May 15, 2008.
CHIEFFE, Russell A., P.A.
License #MP000039
255 Eighth St. - 4L
Jersey City, NJ 07302-2060
Sister Of Charity Med, 1986
CONSENT ORDER OF VOLUNTARY SURRENDER OF LICENSURE filed May 29, 2008. This matter was opened to the New Jersey Board Physician Assistant Advisory Committee upon receipt of information that on or about May 31, 2007, the New York Board entered a Consent Order adopting the Consent Agreement and Order executed by Mr. Chieffe on May 22, 2007. More specifically, Mr. Chieffe agreed not to contest the First Specification set forth in a Statement of Charges, which charged him with professional misconduct in connection with physical abuse of a patient. As a result, the Consent Order provided Mr. Chieffe’s license to practice to be limited to preclude patient contact and any practice of medicine, clinical or otherwise, except for record review of business entities, such as insurance companies, which required prior written approval of the Director. Mr. Chieffe was precluded from diagnosing, treating, operating or prescribing for any human disease, pain, injury, deformity or physical condition. The New Jersey Board determined that the New York disciplinary action taken against Mr. Chieffe provided a basis for disciplinary action against his New Jersey license. It now appearing that the parties wish to resolve this matter without recourse to formal proceedings; that Mr. Chieffe’s New Jersey license to practice as a Physician Assistant lapsed on August 31, 2001; that Mr. Chieffe now seeks leave to voluntarily surrender his license to practice in accordance with the terms of this Order; that Mr. Chieffe waives any right to a hearing in this matter; and that the Board finding the within Order adequately protects the public’s health, safety and welfare; and for good cause shown ordered and agreed Mr. Chieffe will immediately and permanently surrender his license to practice as a Physician Assistant in New Jersey and immediately advise the DEA of this Order. EFFECTIVE DATE: May 29, 2008.
FERSTANDIG, Russell, M.D.
License #MA035048
257 Cedar Island Drive
Brick, New Jersey 08723-7503
Col Of Medicine & Dentistry of NJ, 1975
National Boards
INTERIM ORDER OF VOLUNTARY SURRENDER filed May 22, 2008. This matter was opened to the Board upon the filing of an Order to Show Cause and Verified Complaint seeking the temporary suspension of Dr. Ferstandig's license to practice medicine. The Complaint alleged Dr. Ferstandig admitted usage of cocaine and poor judgement, exemplified by his use of illegal drugs, his failure to seek treatment for his addiction, and self medicating with Cymbalta samples demonstrated he is presently incapable of discharging the functions of a licensee in a manner consistent with the public’s health, safety and welfare. The Verified Complaint further alleged that Dr. Ferstandig’s conduct constituted professional misconduct. Dr. Ferstandig agreed to voluntarily surrender his license to practice medicine and surgery without prejudice or admissions until July 9, 2008, by which time he will have submitted an evaluation conducted under the auspices of the Professional Assistance Program (“PAP”), at which time the Attorney General has leave to renew the Application for Temporary Suspension. The Board accepts the voluntary surrender of Dr. Ferstandig's license effective at the close of business on May 23, 2008, through the close of Board business on July 9, 2008. Dr. Ferstandig must demonstrate ongoing compliance with all terms imposed by the PAP and the PAP must provide documentation to the Attorney General and the Board on or before July 1, 2008; he is to have absolute abstinence from drugs and alcohol with the exception of medication prescribed by a treating physician; he is to have random urine monitoring under the supervision of the PAP no less than 3 times a week; he is to attend twelve step recovery meetings at a frequency dictated by the PAP; he is to undergo hair analysis performed by the PAP; and he is to submit to a Board approved psychiatric evaluation within 30 days. THIS ORDER IS NOT A DISCIPLINARY ORDER. EFFECTIVE DATE: May 23, 2008.
FLEURANTIN, Ruben, J., M.D.
License #MA057002
324 Scotland Road
South Orange, NJ 07079-2067
Univ Auto de Puebla, 1985
FLEX Endorsement
FINAL ORDER OF DISCIPLINE filed May 13, 2008. This matter was opened to the Board upon receipt of information that on or about October 12, 2007, the New York Board entered a Determination and Order revoking Dr. Fleurantin’s New York license. More specifically, the
New York Board sustained all charges set forth in the Amended Statement of Charges, except for the Fifth Specification which was withdrawn and determined Dr. Fleurantin committed professional misconduct by failing to provide access by qualified persons to patient information; by failing to respond within thirty days to written communications from the Department of Health and making available any relevant records; by failing to comply with substantial provisions of federal law governing the practice of medicine; by practicing the profession of medicine with negligence on more than one occasion; and by practicing the profession of medicine with gross negligence on a particular occasion. The disciplinary action taken by the New York Board provided grounds to take disciplinary action against Dr. Fleurantin’s license to practice medicine and surgery in New Jersey pursuant to N.J.S.A. 45:1-21 (g). A Provisional Order of Discipline (POD) was entered by the New Jersey Board on March 5, 2008, and served upon Dr. Fleurantin. Dr. Fleurantin did not submit a response or a request for a hearing in connection with the POD, and accordingly upon review of this matter, the Board determined that further proceedings were unnecessary and that the POD should be finalized without change. The Board ordered Dr. Fleurantin’s license to practice medicine and surgery in New Jersey revoked. EFFECTIVE DATE: May 13, 2008.
FROST, William W., Jr., M.D.
License #MA045927
18 Himmelein Road
Medford, NJ 08055
Univ Tennessee Col Med, 1972
Reciprocity
CONSENT ORDER OF VOLUNTARY SURRENDER OF LICENSURE filed May 29, 2008. This matter was opened to the Board upon receipt of information that on January 24, 2007, Dr. Frost entered into a Consent Agreement and Order with the Pennsylvania Board whereby he voluntarily and permanently surrendered his medical license. The Consent Order was based upon criminal charges pending against Dr. Frost involving allegations by multiple female patients that he had engaged in inappropriate touching of a sexual nature. Dr. Frost denied the allegations set forth in the criminal charges. On May 17, 2007, a Surrender Order between the New York Board and Dr. Frost became effective wherein Dr. Frost agreed to surrender his license as a physician in New York based on his guilty plea entered in Pennsylvania to two counts of indecent assault, misdemeanors and a sentence of no less than twenty four months probation to run concurrently. Dr. Frost was licensed in New Jersey on March 1, 1985 until he permitted his license to lapse on June 30, 1985. Dr. Frost sought leave to voluntarily surrender his New Jersey medical license with prejudice to re-application at any future time. The New Jersey Board ordered and Dr. Frost agreed to immediately surrender his license to practice medicine and surgery in New Jersey with prejudice to any re-application. Dr. Frost will return his original New Jersey license to the Board. EFFECTIVE DATE: May 29, 2008.
GLASS, Neal R., M.D.
License #MA054900
31 Azalea Drive
Syosset, NY 11791
SUNY, Downstate Medical Center, 1972
National Boards
ORDER REINSTATING LICENSE filed May 1, 2008. This matter was reopened to the Board upon receipt of a petition from Dr. Glass requesting that the Board consider reinstating his medical license. Dr. Glass’ license was suspended for three years upon the entry of a Final Order of Discipline filed on June 29, 2001. The entirety of the suspension was stayed and Dr. Glass was placed on probation for three years and was instructed that prior to resuming any practice in New Jersey, he would be required to appear before the Board, or a Committee of the Board, and demonstrate fitness to practice and compliance with all conditions and terms of the Ohio Board. The New Jersey action was based on findings of fact that the Ohio Board suspended Dr. Glass’ license for an indefinite period of time, with a minimum of thirty days of which was to be served actively and the remainder to be stayed and served as probation (the period of probation was to be imposed for a period of not less than three years), effective April 26, 1999. Dr. Glass’ Ohio license was reinstated on or about June 9, 1999, upon Ohio’s entry of an Amended Order, and thereafter, on or about April 13, 2005, Dr. Glass was released from the terms and conditions of probation established by the Ohio Board’s June 9, 1999 Amended Order. Dr. Glass appeared before a Preliminary Evaluation Committee of the New Jersey Board on April 25, 2007, and testified concerning the action taken against him in Ohio, the efforts he undertook to satisfy probation requirements placed upon him by the Ohio Board, and regarding his present activities. The New Jersey Board being presently satisfied, based on the findings set forth that good cause presently exists to reinstate Dr. Glass’ license subject to imposition of a restriction similar to that placed by the Ohio Board that he not engage in any self-treating or treating any family members, except in an emergent life-threatening situation. The New Jersey Board ordered the license of Dr. Glass hereby reinstated. Dr. Glass must refrain from self-treating and from treating any family member, except in the event of a life-threatening emergency. EFFECTIVE DATE: May 1, 2008.
GREEN, John N., M.D.
License #MA040057
61 Main Street Suite B
West Orange, New Jersey 07052-4703|
Cornell Univ Med College, 1980
National Boards
FINAL CONSENT ORDER filed May 9, 2008. This matter was opened before the Board upon receipt of a complaint from the New Jersey Department of Banking and Insurance. On July 24, 2001, Dr. Green performed a procedure on patient J.M. On August 28, 2001, National Benefit Administrators, Inc issued Dr. Green a check for patient J.M. in the amount of $1,200.00 representing payment in full for the medical services he provided to patient J.M.. National Benefit Administrator, Inc issued another check payable to the “Hospital Center at Orange” in the amount of $1,163.00, which bore the notation, “Green, John M.D.” Dr. Green obtained possession of this check and deposited that check into his account knowingly, or should have known, that the check was payment to the Hospital Center at Orange for its charges associated with the procedure that he performed upon patient J.M. National Benefit Administrators, Inc. requested Dr. Green to repay the $1,163.00, and Dr. Green failed and refused to make repayment. On three separate occasions the New Jersey Board asked him to explain the circumstances regarding his depositing of the check, and he failed to respond on all three occasions. On April 19, 2005, Dr. Green was issued a subpoena compelling his attendance at a meeting of the Preliminary Evaluation Committee of the Board. On May 4, 2005, Dr. Green appeared before the Committee and admitted, among other things, that he received and cashed the $1,163.00 check; that he received the request from National Benefit Administrator, Inc. to repay the amount and he did not; and that he received the letters from the Board and he did not respond to the Board’s letters. Dr. Green consented and agreed to each and every term of this Final Consent Order. The Board ordered and Dr. Green agreed to be reprimanded for retaining the check in the amount of $1,163.00 from National Benefit Administrators, constituting professional misconduct; and for his failure on three separate occasions to respond to the Board’s letters of inquiry, constituting failure to cooperate with an investigation of the Board. Within five days of the entry of this Consent Order, Dr. Green must repay the $1,163.00 to National Benefit Administrators, Inc and supply proof to the Executive Director of the Board of Medical Examiners; he is to within nine months of the entry of this Order, complete a course in ethics pre-approved by the Medical Education Director; and he is to pay costs in the amount of $3,000.00. EFFECTIVE DATE: May 9, 2008.
HORMILLA, Amador, M.D.
License #MA045760
508 Lakehurst Rd, Ste. 3B
Toms River, NJ 08755-6430
Univ Central Del Este, 1982
Examination
CONSENT ORDER OF UNRESTRICTED LICENSE REINSTATEMENT filed April 9, 2008. This matter was opened to the Board upon receipt of a Complaint alleging Dr. Hormilla failed to adequately document a medical basis for numerous laboratory tests, which were performed by his own laboratory; that he improperly billed for a physical exam and medications on himself; and that he self-prescribed medication. Dr. Hormilla appeared before a Preliminary Evaluation Committee of the Board in February 2005, and testified about his medical care of a number of patients, the necessity for numerous diagnostic tests, and his basic medical knowledge. Subsequent to his appearance in 2006, Dr. Hormilla closed his laboratory and divested himself of his medical billing practice. By Consent Order filed October 25, 2006, the Board found Dr. Hormilla improperly ordered and billed for medical services and diagnostic tests that were not documented as necessary or as having been rendered in his medical records; and for failing to maintain properly documented medical records. Dr. Hormilla’s license to practice medicine was suspended for two years, said suspension stayed and to be served as probation, as long as Dr. Hormilla successfully complied with all terms of the 2006 Consent Order. Subsequently, Dr. Hormilla successfully completed a Board approved ethics course and an approved billing and documentation course. Dr. Hormilla sought and was granted permission to sit for the Internal Medicine Board Exam, offered in August 2008, and if he is unsuccessful, he can take the exam again in 2009. In order to enable Dr. Hormilla the opportunity to sit for the American Board of Internal Medicine Examination, the Board ordered and Dr. Hormilla agreed to his license no longer being subjected to a stayed suspension, and is therefore granted an unrestricted license to practice medicine and surgery in New Jersey. Dr. Hormilla is to take and successfully complete the MKSAP 14 and provide proof to the Board by July 31, 2008 and continue his divestment of his prior business. EFFECTIVE DATE: April 9, 2008.
JACOBS, Ira, M.D.
License #MA066778
44 Meeker Court
Roseland, New Jersey 07068
George Washington Univ., 1996
CONSENT ORDER GRANTING SURRENDER OF LICENSE filed May 22, 2008. This matter was brought to the attention of the New Jersey Board upon receipt of an Adverse Action Report filed by Alanticare Regional Medical Center on May 30, 2006, restricting Dr. Jacobs’ surgical privileges. Dr. Jacobs now seeks through his Counsel, to voluntarily surrender his license to practice medicine and surgery in New Jersey effective April 21, 2008. The Board ordered and Dr. Jacobs agreed to the voluntary surrender of his license to practice medicine and surgery in New Jersey. Dr. Jacobs must return his original New Jersey license, biennial registration, and his current CDS registration to the Board. Dr. Jacobs must appear before a committee of a Board if he seeks reinstatement of his license. EFFECTIVE DATE: April 21, 2008.
MINTZER, Fredric M., M.D.
License #MA046263
4041 South Warner Road
Lafayette Hill, PA 19444
Hahnemann Medical Coll, 1978
National Boards
CONSENT ORDER OF VOLUNTARY SURRENDER, DEEMED A REVOCATION filed May 22, 2008. This matter was opened to the Board upon the filing of an Administrative Complaint on June 21, 2007. The Complaint alleged Dr. Mintzer engaged in conduct that violated the statutes and regulations governing the practice of medicine in New Jersey. Dr. Mintzer appeared and testified under oath before the Preliminary Evaluation Committee (“PEC”) of the Board on May 26, 2004, regarding patient J.K.’s care and treatment and again on June 7, 2006 regarding patient D.B.’s care and treatment. Upon review of all available information, the Board alleged that in caring for patients J.K. and D.B., Dr. Mintzer engaged in conduct constituting violations of N.J.S.A. 45:1-21(b), (c), (d), and (m). The Board ordered and Dr. Mintzer agreed to surrender his license to practice medicine and surgery in New Jersey, to be deemed a revocation of licensure. Dr. Mintzer is to pay penalty in the amount of $30,000.00, and costs in the amount of $10,000.00, to be paid over a five year period. Dr. Mintzer is to refrain from applying to the Board to be licensed again for five years from the date of entry of this Order. Dr. Mintzer must include with any application to be licensed again in the future: a full evaluation and assessment at the Center for Personalized Education for Physicians (“CPEP”); he is to demonstrate that he has fully and satisfactorily completed the entirety of any recommendations CPEP may have made; he is to provide documentation that CPEP has unconditionally stated in writing that he has satisfactorily and fully completed the Individual Educational Intervention Plan; and he is to provide documentation that he has undergone a complete Post-Education Evaluation by CPEP and CPEP has unconditionally determined that he has the knowledge base to practice medicine with reasonable skill and safety. EFFECTIVE DATE: May 21, 2008.
MIRO, Claudio L., M.D.
License #MA040695
5 Delaware Road
Morristown, NJ 07960-5723
Columbia Univ, Coll of Physicians & Surgeons, 1981
National Boards
FINAL ORDER OF PERMANENT SURRENDER, DEEMED REVOCATION filed May 21, 2008, nunc pro tunc. On May 21, 2008, the Board considered, approved and adopted in its entirety the April 16, 2008 Initial Decision of ALJ J. Howard Solomon recommending a settlement proposed by the Attorney General and accepted by Dr. Miro, with the advice of counsel. This decision also incorporates a Supplemental Order Declaring Exhibits P-1, P-2, P-3 and P-4 Confidential, in light of the personal and financial information contained therein. This matter was opened to the Board upon the filing of an Administrative Complaint against Dr. Miro on February 1, 2007. The Complaint alleged, in summary, that during the period 2002 through 2003, Dr. Miro conducted a multi-practitioner medical practice under the name “Miro Medical Associates.” The Practice was organized and managed by “Main Line Medical/Shore Management, Inc.” The Complaint alleged Dr. Miro engaged in a pattern of conduct providing repeated negligent or incompetent and/or medically unnecessary services, including inadequate examinations, failure to preserve x-rays, ordering treatment not tailored to patient need, performance of spinal diagnostic ultrasound studies, performance of incompetent electrodiagnostic testing, and electroceutical synaptic nerve block treatment under various test names. He was also alleged to have performed trigger point injections without proper medical documentation, ordered performance of physical therapy by unlicensed persons and prolonged periods of purported treatment without medical justification. The Complaint additionally alleged deceptive advertising, including subsequent billing for an offered free medical evaluation, deceptive services, and billing under misleading codes. Finally, the Complaint alleged Dr. Miro repeatedly engaged in medical practice after his license to practice had expired. The case was transmitted to the Office of Administrative Law for hearing on April 10, 2008. Dr. Miro having considered the matter and having had the opportunity to consult with his attorney, and being desirous to resolve this matter without recourse to further proceedings, amended his prior Answer and neither admited nor denied the allegations of the Administrative Complaint. The Board ordered and Dr. Miro agreed on April 10, 2008, to the permanent surrender of his license to practice medicine and surgery in New Jersey, with the surrender to be deemed a revocation. Dr. Miro will not accept any new patients; he is to notify all patients regarding the availability for release or transfer of patient records and post the information in the newspaper and other such notice; he is to arrange on or before April 1, 2008, the delivery to the Board his New Jersey license, biennial registration, his DEA registration, and his CDS registration; he is to arrange for lawful disposal of all non-CDS medications; he is to assure all letterhead and all prescription pads bearing his name and corporate entity are destroyed; he is to promptly initiate dissolution proceedings for the corporation “Miro Medical Associates”; he is to reimburse Health Net the sum of $1,437.20; and he is to pay a penalty in the amount of $10,000.00 and costs in the amount of $47,000.00. EFFECTIVE DATE: May 21, 2008 Nunc Pro Tunc
NIELSON, Steven C., D.P.M.
License #MD002408
55 E. Cuthbert Blvd.
Haddon Township, NJ 08108-2021
Temple Univ Sch of Podiatric Med, 1995
National Boards
ORDER OF REVOCATION filed May 22, 2008. This matter was opened before the Board upon the filing of a Notice of Motion for Summary Decision and for the imposition of sanctions regarding a Verified Complaint filed. The Motion was argued before the Board on June 13, 2007, with consideration given by the Board to all documents submitted. The Verified Complaint alleged that Dr. Nielson performed abdominal tumescent liposuction on ten patients that, which constitutes abdominal surgery that is beyond the scope of practice of a podiatrist. It was alleged, inter alia, that he administered excessive dosages of lidocaine to at least five liposuction patients increasing the risk of anesthesia toxicity; that he did not properly evaluate two patients pre-operatively; that he exposed patients to the risk that severe complications would not be recognized or appropriately treated; and that he exposed patients to the risk of serious injury or death. Dr. Nielson’s actions were alleged to constitute gross or repeated malpractice, negligence or incompetence, professional misconduct, the unlicensed practice of medicine, and repeated violations of the statutes administered by the Board. Following the filing of the Verified Complaint, Dr. Nielson voluntarily surrendered his license in May of 2006 pending plenary proceedings. It was Ordered that as of the oral announcement of this matter on the record on June 13, 2007, that Dr. Nielson’s license to practice podiatric medicine in New Jersey is revoked. Dr. Nielson will not be eligible to apply for reinstatement of his license until he undergoes a psychiatric evaluation by a psychiatrist pre-approved by the Board and have them submit a complete written report of such evaluation to the Board; have the psychiatrist provide an unqualified written opinion that he suffers from no psychiatric condition that would render him a threat to the health, safety and welfare of patients or the public and that he has fully complied with whatever recommendations he has made with regards to treatment. He is to agree to comply with any practice restrictions that the psychiatrist may recommend or that the Board may deem appropriate and agrees to comply with any treatment plan the psychiatrist may recommend and he is to pay a penalty in the amount of $680,000.00 and costs in the amount of $74,065.18. EFFECTIVE DATE: nunc pro tunc June 13, 2007.
O’Neal, John R, M.D.
License #MA033091
RANCOCAS MEDICAL CENTER
1000 Salem Rd., Ste. B
Willingboro, NJ 08046-2852
HAHNEMANN MED SCH, 1971
National Boards
CONSENT ORDER OF REINSTATEMENT OF LICENSURE WITH RESTRICTIONS filed May 14, 2008. This matter was most recently opened to the Board upon the filing of a Consent Order on August 17, 2006. Pursuant to the Consent Order, Dr. O’Neal voluntarily surrendered his license to practice medicine and surgery in New Jersey based on a report from the Professional Assistance Program (“PAP”) that Dr. O’Neal had relapsed into the abuse of alcohol. The record reflects Dr. O’Neal was accepted into the Alternate Resolution Program (ARP) of the PHP (Physician Health Program, the predecessor of the PAP) on February 19, 1997, following his referral for a November 1996 alcohol abuse relapse. In February 2002, after five years of recovery, the PHP recommended Dr. O’Neal’s enrollment in the ARP be discontinued. However, in December 2004, after Dr. O’Neal self-reported an October 2004 relapse of alcohol abuse, the Impairment Review Committee (IRC) unanimously decided that Dr. O’Neal should re-enroll in the ARP for five more years of monitoring. Dr. O’Neal’s reported a second relapse in September 2005. On or about July 10, 2006, PAP alerted the Board of Dr. O’Neal’s relapsed in the abuse of alcohol, and pursuant to the filing of a Consent Order, Dr. O’Neal voluntarily surrendered his license to practice medicine. The Board received a supplementary Position Statement from the PAP documenting twenty months of recovery and compliance with the August 17, 2006, Consent Order. The Board ordered and Dr. O’Neal agreed to be granted a limited license to practice medicine and surgery in New Jersey with conditions. Dr. O’Neal is to maintain absolute abstinence from all psychoactive substances unless prescribed by a treating physician; he is to attend AA a minimum of three times per week; he is to submit to twice-weekly random urine monitoring for six months, then random weekly basis for the next year; he is to participate in monthly face-to-face visits with the PAP; he is to limited his practice for the first year to gynecology and his hours of practice must be limited and approved by the Executive Director of the PAP; he is to continue with individual and group therapy; and he is to ensure the Board receives quarterly reports from the therapist, psychiatrist and the PAP. EFFECTIVE DATE: May 14, 2008.
PEROCHO, Rodolfo R., M.D.
License #MA045770
1 Swift Ct.
Medford, NJ 08055-3902
Manila Central University, 1965|
Examination
CONSENT ORDER OF REPRIMAND filed May 22, 2008. This matter was opened before the Board upon receipt of a report from the Medical Practitioner Review Panel (“Panel”) detailing the results of an investigation conducted by the Panel. The Panel commenced its investigation upon the receipt of information that a payment of $500,000.00 was made on Dr. Perocho’s behalf to settle a civil medical malpractice action brought by the estate of patient J.M., wherein it was alleged that Dr. Perocho, an emergency room physician, failed to diagnose an abdominal aortic aneurysm which ruptured, resulting in the patient’s death. The Panel reviewed available information regarding the care provided by Dr. Perocho to J.M. to include hospital records, and considered testimony offered by him when he appeared before the Panel on December 21, 2007, with counsel. At the conclusion of its investigation, the Panel found Dr. Perocho provided grossly negligent care in this case, in that he failed to recognize the significance of signs and symptoms which changed during J.M.’s eight hour stay in the emergency room, and which clearly indicated that the J.M. was in grave danger. The Panel further found that Dr. Perocho failed to appreciate the significance of a drop in J.M.’s blood pressure, failed to then rule out an abdominal aortic aneurysm, and failed to order additional indicated testing as J.M.’s condition continued to deteriorate. The New Jersey Board adopted the findings and conclusions of the Panel and concluded that cause for disciplinary action existed. The Board ordered and Dr. Perocho agreed to be reprimanded for having engaged in gross negligence in the care he provided to patient J.M. and he is to pay a penalty in the amount of $5,000.00. EFFECTIVE DATE: May 21, 2008.
POET, Albert., M.D.
License #MA030400
703 Mill Creek Rd., Ste G
Manahawkin, NJ 08050-3103
College of Medicine and Dentistry of NJ, 1974
FLEX Endorsement
CONSENT ORDER OF REVOCATION filed May 1, 2008. This matter was opened before the Board upon the filing of an Interim Consent Order on or about April 20, 2007, pursuant to Dr. Poet’s agreement to surrender his license to practice medicine and surgery until further Order of the Board. An Administrative Complaint was filed April 26, 2007, which alleged Dr. Poet was convicted of thirteen counts of mail fraud and one count of misbranding a drug while held for sale. Dr. Poet was sentenced on September 28, 2007, to serve 14 months in prison followed by 2 years of supervised release, fines and restitution. The Board ordered and Dr. Poet agreed to his license to practice medicine and surgery hereby be revoked. Dr. Poet is barred from re-application for licensure by this Board until successful completion of his incarceration and probation period. In the event that the criminal conviction is reversed on appeal, Dr. Poet may reapply for licensure. This Order shall constitute full and final resolution of the pending Administrative Complaint. EFFECTIVE DATE: May 1, 2008.
RIOS, Gustavo E., M.D.
License #MA077195
127 Tweed Drive
Jacksonville, NC 28540
Auto Univ of Guadalajara, 98
Appl Int’l
FINAL ORDER OF DISCIPLINE filed May 21, 2008. This matter was opened to the Board upon receipt of information which the Board has reviewed. As a consequence of Dr. Rios’ failure to submit his biennial renewal on June 30, 2007, his license to practice medicine in New Jersey was automatically suspended. On or about July 24, 2007, the North Carolina Board entered a Notice of Revocation based upon his North Carolina felony conviction on June 26, 2007. Dr. Rios pled guilty to seven counts of taking indecent liberties with two minors under the age of ten. On February 17, 2007, Dr. Rios submitted a Voluntary Surrender of his license to practice medicine to the North Carolina Medical Board. The above disciplinary action taken by the North Carolina Board provided grounds to take disciplinary action against Dr. Rios’ license to practice medicine and surgery in New Jersey, in that his license has been revoked in another State; that he had been convicted of a crime of moral turpitude and one that adversely affects the profession; and that his failure to renew his license to practice medicine in New Jersey had been automatically suspended. The Board ordered Dr. Rios’ license to practice medicine in New Jersey suspended until such time as his license to practice medicine in North Carolina is fully reinstated without any restrictions and that he has satisfied all aspects of the criminal conviction. Prior to the Board entertaining an application for reinstatement, Dr. Rios will be required to appear before the Board, or a Committee thereof, to demonstrate fitness to resume practice, to show he has satisfied all requirements of the North Carolina Board and the criminal disposition; and to demonstrate his rehabilitation. EFFECTIVE DATE: May 21, 2008.
ROSENGARTEN, Herbert H., M.D.
License #MA047072
163 Burlington Path Road, Unit L
Cream Ridge, New Jersey 08815
SUNY College, 1980
National Boards
CONSENT ORDER filed May 22, 2008. This matter was opened to the Board upon receipt of a report from the Medical Practitioner Review Panel(“Panel”) detailing the results of the Panel’s investigation of the practice of Herbert Rosengarten, M.D. The Panel commenced an investigation of Dr. Rosengarten’s practice upon receipt of a malpractice payment report detailing that a payment of $350,000.00 was made on his behalf to settle a civil malpractice action brought by patient B.W., wherein it was alleged that he had delayed in diagnosing and treating colon cancer. At the conclusion of its investigation, the Panel found Dr. Rosengarten provided grossly negligent care in this case. The Board ordered and Dr. Rosengarten agreed to be reprimanded for having engaged in gross negligence in the care provided to patient B.W. and for having failed to maintain medical records in a manner consistent with the requirements of the Board’s record-keeping rule. Dr. Rosengarten was assessed a civil penalty in the amount of $10,000.00; and he is to attend and successfully complete a Board approved medical record keeping course and a course in diagnosis and treatment in anemia with prior approval from the Board’s Medical Education Director. EFFECTIVE DATE: May 21, 2008.
SINGH, Surinder P., M.D.
License #MA039075
288 Summit Ave.
Jersey City, NJ 07306
King George Medical Univ, 1978
FLEX Endorsement
CONSENT ORDER OF VOLUNTARILY SURRENDER, DEEMED A REVOCATION filed May 29, 2008. This matter was opened to the Board upon receipt of information that on or about November 28, 2006, in the Supreme Court of New York, Dr. Singh was found guilty based on a plea of guilty of Grand Larceny in the Third Degree. On or about January 23, 2007, Dr. Singh was sentenced to five years of probation. By Order filed September 12, 2007, the New York Board accepted Dr. Singh’s surrender of his license based upon being convicted of committing an act constituting a crime under New York State Law. Dr. Singh’s criminal conviction in New York provided grounds to take disciplinary action against Dr. Singh’s license to practice medicine and surgery in New Jersey. The Board ordered and Dr. Singh agreed to voluntarily surrender his license to practice medicine and surgery in New Jersey, said surrender to be deemed a revocation. In the event Dr. Singh seeks reinstatement of his New Jersey medical license at any time in the future, Dr. Singh must appear before the Board, or a Committee thereof, to demonstrate fitness to practice medicine; that he has satisfied all the terms and conditions of his criminal probation; and to show proof that he holds an active, unrestricted license to practice medicine in New York. EFFECTIVE DATE: May 29, 2008.
SPAL, Mark B, D.P.M., R.P.
License #MD002138
23 Springhill Road
Randolph, New Jersey 07669
Col of Podiatric Med - Des Moines Univ., 1991
National Boards
INTERIM CONSENT ORDER filed May 22, 2008. This matter was opened to the New Jersey Board upon receipt of information that on or about September 27, 2007, Dr. Spal was arrested and charged with 31 counts of illegally prescribing Controlled Dangerous Substances (CDS). On May 9, 2008, Dr. Spal through his counsel, was served with an Order to Show Cause, alleging multiple violations of N.J.S.A. 45:1-21, including but not limited to indiscriminate prescribing; gross and repeated negligence; professional misconduct; misrepresentation; and improper record keeping. Dr. Spal now seeks leave through his counsel to resolve the pending action seeking the temporary suspension of his license to practice podiatric medicine and surgery in New Jersey pending the disposition of the criminal charges and the plenary hearing in this matter. Dr. Spal’s agreement to this Order shall not constitute evidence of or an admission of any violation of statute, regulation or law. The Board ordered and Dr. Spal agreed to surrender his Controlled Dangerous Substances registration to the Board within two days of the filing of this Order, pending resolution of this matter by plenary hearing. Said surrender shall remain in effect until further Order of the Board. Once Dr. Spal has successfully completed the requirements of this Order, he will be permitted to treat patients requiring ongoing care, but he must transition all current patients and further patients requiring CDS for pain management to other practitioners within 10 days of the filing of this Order; he must have a Board approved auditor review all of his current patient records and including all billing records; he is to cease and desist from the practice of podiatry until he has successfully completed and provided proof of such completion of a Board-approved record keeping course; and he must not have access in any personal or professional setting to CDS except where such are legitimately prescribed for him by a treating physician or other healthcare provider. EFFECTIVE DATE: June 1, 2008.
THE NEW JERSEY STATE
