The New Jersey State Board of Medical Examiners (the "Board") has taken the following actions in August 2009. This information is a summary prepared by the Board Administrative Office staff. Copies of the Orders can be found at www.njmedicalboard.gov 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.

AGER, MaryAnn, M.D.
License #MA044585
Cherry Hill, NJ 08003
Temple Univ. Sch. of Med., 1980
National Boards

CONSENT ORDER OF REPRIMAND filed August 13, 2009. This matter was opened to the Board on allegations that Dr. Ager inappropriately prescribed pain medications for patient S.M.. Dr. Ager appeared with counsel and testified before the Preliminary Evaluation Committee of the Board on January 21, 2009. The Committee learned that Dr. Ager provided S.M. with prescriptions which allowed her to obtain pain medication in dosage amounts exceeding appropriate levels prior to S.M.’s death on January 19, 2007. The Board found Dr. Ager’s engaged in repeated acts of negligence, malpractice or incompetence; engaged in professional or occupational misconduct; prescribed an excessive amount of a controlled substance; and for not remaining insufficiently alert to her patient’s dependence on prescribed substances. Dr. Ager being desirous of resolving this matter without formal proceedings, consented and agreed to each and every term of this Consent Order. The Board ordered, and Dr. Ager agreed to be reprimanded for inappropriate prescribing and inadequate supervision of her patient’s use of prescription drugs. Dr. Ager must take and successfully complete a Board approved course on proper prescribing of C.D.S.; she is to permanently restrict her medical practice to psychiatry and she must permanently refrain from the practice of pain management; permanently cease prescribing Schedule II narcotic drugs; and for one year from the date of the filing of this Consent Order, Dr. Ager cannot prescribe Schedule II non-narcotic drugs or Schedule III drugs, unless another psychiatrist has approved the prescription in advance and said psychiatrist has been approved by the Board. EFFECTIVE DATE: August 13, 2009.

AGRAWAL, Pankaj H., M.D.
License #MA036575
Pennsauken, NJ 08110
Grant Medical College/University of Bombay, 1972
FLEX Endorsement

FINAL CONSENT ORDER OF REVOCATION filed August 20, 2009. This matter was opened to the Board upon receipt of information that on or about June 26, 2008, Dr. Agrawal was served with a Criminal Complaint, before the District Court of New Jersey, alleging illegally prescribing and/or dispensing Percocet (CDS II) and Promethazine cough syrup (CDS V), and money laundering. Dr. Agrawal through counsel informed the Board of the pending charges on July 8, 2008 and on October 9, 2008, by Interim Consent Order, surrendered his license to practice medicine and surgery in New Jersey pending the disposition of the criminal charges and further Order of the Board. Thereafter in March 2008, Dr. Agrawal pled guilty to illegally dispensing Oxycodone by selling Percocet prescriptions and to money laundering. Subsequently, on July 31, 2009, based on his guilty plea, Dr. Agrawal was sentenced to sixty-three months in federal prison. Based on Dr. Agrawal’s admissions and criminal conviction, the Board found Dr. Agrawal was convicted of a crime or offense involving moral turpitude which related adversely to the profession regulated by the Board; that he engaged in professional misconduct; that he engaged in the use of dishonesty and misrepresentation; that he indiscriminately prescribed medications; and that he failed to maintain the ongoing statutory requirement of all Board licenses of good moral character. The Board ordered, and Dr. Agrawal agreed to, the revocation of his license to practice medicine and surgery in New Jersey. Dr. Agrawal is to advise the DEA of this Order by September 1, 2009. EFFECTIVE DATE: August 20, 2009.

CONRAD, Michael E., M.D.
License #MA048623
Brooklyn, NY 11210-4122
Univ. Auto Guadalajara, 1979
FLEX Endorsement

FINAL ORDER OF DISCIPLINE file August 5, 2009. This matter was opened to the Board upon receipt of information that Dr. Conrad failed to submit his biennial renewal in 1987, and his license to practice medicine in New Jersey was automatically suspended without a hearing. On or about April 25, 2007, Dr. Conrad entered into a Surrender Order with the New York Board to surrender his license as a physician in the State of New York. As a condition of the Surrender Order, Dr. Conrad admitted to charges of having been convicted of a crime, of practicing the profession of medicine fraudulently, and of delegating professional responsibilities to an unqualified person. On or about December 18, 2006, Dr. Conrad was convicted of insurance fraud in New York and was given a sentence of six months. The disciplinary action taken against Dr. Conrad’s license in New York, provided grounds for the New Jersey Board to take disciplinary action’s against Dr. Conrad’s license, in that the surrender of his license was tantamount to a suspension or revocation and his admissions to acts which would constitute grounds for discipline in New Jersey; his criminal convictions in New York; and his failure to renew his license to practice medicine in New Jersey. The New Jersey Board ordered the suspension of Dr. Conrad’s license to practice medicine 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 criminal conviction. Prior to resuming active practice in New Jersey, Dr. Conrad will be required to appear before the Board, or a Committee thereof, to demonstrate fitness to resume practice, and any practice in New Jersey prior to said appearance will constitute grounds for a charge of unlicensed practice. EFFECTIVE DATE: August 5, 2009.

FEIT, Fredric, M.D.
License #MA056174
Freehold, NJ 07728
Univ Auto. of Guadalajara, 1977
FLEX Endorsement

FINAL ORDER GRANTING SUMMARY DECISION filed August 6, 2009. This matter was opened to the Board upon the filing of an Administrative Complaint on February 25, 2009. The Complaint alleged that Dr. Feit was the subject of a Criminal Indictment charging him with health care claims fraud and theft by deception. Allegedly, Dr. Feit submitted claims for reimbursement for medical procedures and/or services, including nerve blocks, that he did not perform. On December 24, 2008, Dr. Feit entered a guilty plea to a single count of theft by deception, and as part of his plea, Dr. Feit admitted under oath that he had billed Medicare and Insurance Companies for paraspinal nerve block procedures on patients knowing he had not used fluoroscopic guidance during the procedures; and that the billing code he used for paraspinal nerve blocks required use of fluoroscopic guidance. The Board found that the conduct detailed in the Complaint constituted the use of dishonesty, fraud, deception, misrepresentation, false promise, and/or false pretense; the conviction of and/or engagement in acts constituting a crime or offenses involving moral turpitude or relating adversely to the activity regulated by the Board; professional misconduct; and a failure to fulfill the ongoing statutory requirement of good moral character which is a requirement for licensure. Dr. Feit filed an Answer with the Board on April 21, 2009, in which he admitted he entered a guilty plea to theft by deception, but denied the remainder of the allegations. The Board ordered the license of Dr. Feit suspended for five years, the first two years to be an active suspension and the remaining three years to be stayed and served as a period of probation. The active suspension was effective on August 7, 2009. At the conclusion of the active period of suspension, and prior to Dr. Feit's resumption of active practice, he will be required to appear before a Committee of the Board to demonstrate that he had successfully completed a Board approved ethics and coding courses; paid costs to the Board in the amount of $11,689.00; and is timely and up-to-date with his compliance with his criminal restitution obligations. Following reinstatement of his medical license and in the event he fails to make timely restitution payment as required in the criminal proceeding, his medical license suspension will automatically be reactivated until such time as he again can demonstrate to the satisfaction of the Board that he is current in his payment obligations. Any resumption of Dr. Feit's active practice of medicine will include limitations on practice setting or billing, including at a minimum that he will either work in a setting where he has no responsibility for billing or the imposition of a Board approved billing monitor. EFFECTIVE DATE: August 7, 2009.

FERSTANDIG, RUSSELL, M.D.
License #MA035048
Brick, NJ 08723
Col of Medicine & Dentistry of NJ, 1975
National Boards

CONSENT ORDER OF VOLUNTARY SURRENDER filed August 3, 2009. This matter was opened to the Board upon receipt of information from the Professional Assistance Program of New Jersey (“PAP”) that a urine sample collected from Dr. Ferstandig on June 23, 2009, tested positive for the presence of cocaine metabolites. Dr. Ferstandig has violated the terms of the Consent Order filed with the Board on July 24, 2008, wherein he was required to comply with all the terms imposed by the PAP and to abstain from all psychoactive drugs. Dr. Ferstandig has consented and agreed to each and every term of this Consent Order. The Board ordered and Dr. Ferstandig agreed to voluntary surrender his license to practice medicine and surgery in New Jersey until further Order of the Board. Dr. Ferstandig was required to return his original New Jersey license, current biennial registration, original CDS registration to the Board, and advise the DEA of this Order immediately. EFFECTIVE DATE: August 3, 2009.

GRAHAM, Peter E., M.D.
License #MA080104
Woodcliff Lake, NJ 07677
SUNY - Hlth Sch. Ctr., 1973
Application

ORDER GRANTING UNRESTRICTED LICENSURE filed August 27, 2009. This matter was first opened upon receipt of Dr. Graham’s application for licensure to practice medicine and surgery in New Jersey. The Board reviewed the application, all relevant documentation submitted, and Dr. Graham’s September 19, 2005 testimony before the Credentials Committee of the Board. Thereafter, on November 15, 2005, the Board entered into a Consent Order of Licensure with Restrictions with Dr. Graham requiring that he only provide emergency services in New Jersey under supervision. Subsequent to the entry of the November 15, 2005 Consent Order of Licensure with Restrictions, the New York Board entered a Modification Order on October 30, 2008, granting Dr. Graham an unrestricted license to practice medicine in New York. The Wisconsin Board entered an Order Granting Full Reinstatement of License on July 28, 2008, removing all limitations on Dr. Graham’s medical license. On January 7, 2009, Dr. Graham met with a Committee of the New Jersey Board which interviewed him and reviewed documentation that he submitted. The Board was satisfied that Dr. Graham has been totally compliant with the Consent Order of Licensure with Restriction dated November 15, 2005, and that Dr. Graham should not be subjected to any further supervision. The New Jersey Board ordered Dr. Graham an unrestricted license to practice medicine and surgery in New Jersey EFFECTIVE DATE: August 27, 2009.

KLINMAN, S teven W., M.D.
License #MA073986
Margate City, NJ 08402
Thomas Jefferson Med. Coll., 1971
Application

FINAL ORDER OF DISCIPLINE filed August 27, 2009. This matter was opened to the Board upon receipt of information which indicated that Dr. Klinman failed to submit his biennial renewal in 2007, therefore his license to practice medicine was automatically suspended without a hearing. On or about June 26, 2007, Dr. Klinman entered into a Consent Agreement and Order with the Pennsylvania Board to permanently and voluntarily surrender his license as a physician in Pennsylvania based upon the filing of an Indictment on August 2, 2006, which charged him with conspiracy to distribute controlled substances based upon invalid prescriptions and prescribing controlled substances over the internet to individuals without conducting a physical examination as required by law. Dr. Klinman pled guilty to certain Counts of the Indictment and agreed to forfeit proceeds obtained as a result of the conspiracy to violate the Controlled Substance Act. The disciplinary action taken against Dr. Klinman’s license to practice medicine and surgery in Pennsylvania provided grounds for the New Jersey Board to take action against his license to practice medicine, in that he surrendered his license which is tantamount to a suspension or revocation; his admissions to acts which would constitute grounds for discipline; his criminal conviction in the District Court of Pennsylvania; and his failure to renew his license to practice medicine in New Jersey. The New Jersey Board ordered Dr. Klinman’s license to practice medicine and surgery suspended until such time as his license to practice medicine in Pennsylvania is fully reinstated without any restrictions and that he has satisfied all aspects of the criminal conviction. Prior to resuming active practice in New Jersey, Dr. Klinman will be required to appear before the Board, or a Committee thereof, to demonstrate fitness to resume practice. EFFECTIVE DATE: August 27, 2009.

MARCHIONE, Victor L., M.D.
License #MA039172
Jersey City, NJ 07306-2929
Univ of Messina, 1980
FLEX Endorsement

CONSENT ORDER OF REPRIMAND filed August 13, 2009. This matter was opened to the Board upon the filing of an Administrative Complaint on December 2, 2008. The Complaint alleged, inter alia, that Dr. Marchione’s medical records did not include any discussion with his patient S.Z. or S.Z.’s family of the results of a CT scan taken in January 1998; the recommended diagnostic and treatment options’ the patient’s wished; or the consequences of failing to act in view of S.Z.’s medical history and the growth of a lung mass. The Board found Dr. Marchione failed to prepare contemporaneous, permanent professional treatment records including his findings, progress notes, orders for tests or consultations and the results thereof, diagnoses or medical impressions, treatment ordered and recommended follow-up, documentation of the communications of test results indicating action needed to be taken, and the reasonable efforts made by the physician responsible for communication when communication has been unsuccessful. Dr. Marchione filed an Answer substantially denying the allegations of the Complaint and the matter was then transferred to the Office of Administrative Law and scheduled for a conference on July 27, 2009. The parties desiring to resolve this matter without need for formal disciplinary proceedings, and the Board being satisfied that the need for such proceedings is obviated by the entry of this Order, ordered and Dr. Marchione agreed to be reprimanded for failing to comply with the record keeping standards of practice. Dr. Marchione is to attend and successfully complete a record keeping course to be completed within one year of the date of entry of this Order; and pay a penalty in the amount of $10,000.00 and cost in the amount of $15,242. EFFECTIVE DATE: August 13, 2009.

PRESILLA, Alejandro M.D.
License # MA035461
Union City, NJ 07087-5108
University of Valladolid, 1974
FLEX Endorsement

ORDER GRANTING UNRESTRICTED LICENSE AND TERMINATION OF PROBATION filed August 24, 2009. This matter was most recently opened to the Board based on a request by Dr. Presilla for the termination of the three-year probationary term imposed by a Consent Order filed March 2006. Dr. Presilla was suspended by the Board in the Initial Order dated November 16, 2004, following an investigation of his laboratory practices and medical practice. Dr. Presilla participated in a Focused evaluation in December 2003, and since then has been actively addressing identified areas requiring remediation. In March 2006, Dr. Presilla received an unrestricted license which established a three year probationary period during which he was required to engage in continuing monitoring and education. Dr. Presilla’s probationary period ended March 2009. The Board was satisfied that Dr. Presilla is fit to practice medicine and surgery in New Jersey. The Board ordered Dr. Presilla’s license to practice medicine and surgery in New Jersey reinstated to an active, unrestricted non probationary status. EFFECTIVE DATE: August 24, 2009.

SAGGIO, Greg P., D.O.
License #MB068930
Island Park, New York 11558
New York College of Osteo Med, 1994
National Boards

CONSENT ORDER GRANTING VOLUNTARY SURRENDER OF LICENSURE Filed August 19, 2009. This matter was opened to the Board upon receipt of information from the Medical Practitioner Review Panel (“Panel”). The Panel received a report of a medical malpractice payments made on behalf of Dr. Saggio for the care and treatment provided to two patients C.G. and C.W. The Panel investigated Dr. Saggio’s removal of C.G.’s left pelvic kidney during a reversal of a colostomy. The Panel also investigated Dr. Saggio’s care and treatment of patient C.W. This patient underwent a laporoscopic cholycystectomy performed by Dr. Saggio on June 19, 2002. The Panel investigated allegations Dr. Saggio improperly performed the procedure resulting in a perforated colon and subsequent permanent colostomy. On February 9, 2007, Dr. Saggio appeared and testified before the Panel. Although no formal litigated proceedings had taken place, Dr. Saggio’s care and treatment of patients C.G. and C.W. provided grounds for disciplinary action by the Board. The parties being desirous of resolving this matter amicably in lieu of anticipated litigation, agreed and consented to this Order. The Board ordered and Dr. Saggio agreed to voluntarily surrender his license to practice medicine and surgery in New Jersey, said surrender will be deemed a revocation of license effective immediately. The parties also stipulated that entry of this Consent Order is without prejudice to further investigation and/or disciplinary action by the Board or other law enforcement entities resulting from Dr. Saggio’s conduct prior to this Order. EFFECTIVE DATE: August 19, 2009.

THE NEW JERSEY STATE
BOARD OF MEDICAL EXAMINERS

William V. Roeder
WVR/jj Executive Director