I. ROLL CALL

II. RATIFICATION OF MINUTES

The Minutes from the August 12, 2009 Board meeting are submitted for Board approval, amendment, or correction.

III. HEARINGS, PLEAS, AND APPEARANCES

11 a.m. FRIEDMAN, Marc, M.D. 25MA06389900
Joseph M. Gorrell, Esquire
DAG David Puteska

On or about August 7, 2009, the Administrative Law Judge J. Howard Solomon issued an Initial Decision in the above-referenced matter. The Board received written exceptions from the Attorney General to that decision. Respondent’s exceptions have been received as well. As is the Board’s usual and customary practice, consideration of the matter will be conducted in a bifurcated fashion. During the first part, the parties will be afforded an opportunity to present fifteen minutes of oral argument. If, following deliberations, the Board determines that a statutory basis exists to take disciplinary action against Dr. Friedman, then the matter will immediately continue to a penalty phase where the parties will be afforded an opportunity to present testimony upon the question of what sanctions, including penalties and/or costs, if any, should be assessed.

IV. OLD BUSINESS

1. COSTINO, John G., D.O. 25MB02575800

This matter is before the Board upon the filing of a Motion on August 11, 2009 by Dr. Costino whereby he seeks a delay of the issuance of the Board’s final decision; a remand of the matter to the Office of Administrative Law to supplement the record based on newly discovered evidence; and for reassignment of the matter to a different Administrative Law Judge. The Attorney General’s has responded to the Motion and relevant materials are attached for the Board’s consideration.

2. MORGANSTERN, Ira 25MA03085500

This matter is before the Board upon the filing of the Attorney General’s Certification of Costs in the above referenced matter. To date, no objections have been raised by Dr. Morganstern.

V. NEW BUSINESS

1. SHAH, Chandravadan, M.D. 25MA04906800

This matter is before the Board upon the filing of the Attorney General’s Motion for Summary Decision based on Dr. Shah’s testimony in which he testified that he failed to comply with hospital policy and the Board’s statutes and regulations. To date, a response from Dr. Shah has not been received.