The New Jersey State Board of Medical Examiners (the “Board”) has taken the following actions in November 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.
BUTERA, Frank, D.O.
Ho Ho Kus, NJ, 07423-1604
Univ of New England Col Osteo, 1996
ORDER GRANTING UNRESTRICTED LICENSE filed November 30, 2009. This matter was first opened to the Board upon receipt of information that Dr. Butera had applied for an unrestricted license following a Consent Order filed September 19, 2005, which imposed three years of probation to run concurrent with this probationary period in New York. Dr. Butera’s New York license was initially placed on probation following allegations that he failed to provide appropriate care and treatment to a single patient who had some necrotizing fascitis of the lower extremity. During his probation in New York, Dr. Butera was monitored by a licensed physician, required to meet periodically with a representative of the New York Office of Professional Medical Conduct (OPMC), and was subjected to period review of his professional practice by the OPMC. In January 2006, Dr. Butera relocated to Iowa where he was granted a license to practice medicine subject to probationary terms identical to those in New York. After consistently positive reports from Dr. Butera’s monitor, the Iowa Board issued Dr. Butera an unrestricted license in June 2007. The New Jersey Board noted Dr. Butera had completed two and a half years of probation during which he was closely monitored by another physician and during which he met periodically with the Iowa and New York Boards of Medicine. The New Jersey Board further noted that Dr. Butera practiced medicine in Iowa from the date he was granted an unrestricted license in June 2007 until the present without discipline or censure of any kind. The New Jersey Board ordered Dr. Butera an unrestricted license to practice medicine and surgery in New Jersey. EFFECTIVE DATE: November 30, 2009.
CHANDLER, Charles, P.A.
Jersey City, NJ 07302
THIS IS A NON-DISCIPLINARY ORDER
CONSENT ORDER OF VOLUNTARY SURRENDER filed November 18, 2009. This matter was opened to the Physician Assistant Advisory Committee of the Board upon receipt of information alleging inappropriate CDS prescribing, insurance fraud and practicing beyond the scope of a physician assistant. Mr. Chandler being desirous of resolving this matter on an interim basis voluntarily surrendered his license to the Committee. The Board ordered and Mr. Chandler agreed to surrender his license to practice as a physician assistant in New Jersey on an interim basis, effective upon the entry date of this Order and pending further order of the Board. Mr. Chandler must cease and desist from engaging in the practice as a physician assistant until further order of the Board, and he must immediately return his New Jersey license, biennial registration, and his original CDS registration to the Physician Assistant Advisory Committee. EFFECTIVE DATE: November 4, 2009.
CHUN, Kye, D.O.
Millburn, NJ 07041
UMDNJ, Sch of Osteo Med, 1995
CONSENT ORDER OF SUSPENSION AND PROBATION filed November 18, 2009. This matter was opened to the Board upon receipt of two complaints by patients alleging sexual harassment and sexual misconduct by Dr. Chun. On or about March 31, 2009, an Administrative Complaint was filed alleging Dr. Chun’s medical care of patient D.I. deviated from accepted standards of medical practice, evidencing repeated acts of negligence. The Complaint further alleged Dr. Chun’s sexual harassment of patient D.I. is contrary to Board regulations. Dr. Chun sexual contact and sexual harassment of patient A.M. constituted gross negligence, repeated acts of negligence and professional misconduct. Dr. Chun filed an Answer through his counsel and the matter was transferred to the Office of Administrative Law. The parties desiring to resolve this matter without recourse to formal proceedings and Dr. Chun agreeing to this Consent Order, the Board ordered the license of Dr. Chun suspended for five years, the first two years to be active and the remainder to be stayed and served as probation. Dr. Chun is to surrender his Federal Drug Enforcement Registration and his Controlled Drug Registration. Dr. Chun will have sixty days to “wind down” his practice; he cannot accept any new patients; and he is to immediately employ a licensee of the Board of Nursing approved by the Board, who will be present during all examinations of female patients. This chaperone will be responsible for reporting in writing to the Board any and all violations of the Board’s regulations by Dr. Chun, which the licensee observed. Dr. Chun is to limit his interactions with his patients to his practice setting and not see patients outside the confines of his office. Dr. Chun agreed to deliver all recommendations and evaluations to the Board and the Professional Assistance Program (“PAP”) and abide by any recommendations that the evaluating psychologist and PAP may make; he is to enroll in and successfully complete a Board approved courses in ethics, prescribing of controlled dangerous substances and psychotropic medications, and medical record keeping; and pay costs in the amount of $65,000.00 and a penalty in the amount of $20,000.00. Dr. Chun will be ineligible to resume practice following the period of active suspension until he appears before the Board or a Committee thereof and demonstrate his fitness to resume practice of medicine in New Jersey. EFFECTIVE DATE: January 18, 2010.
CO, Benjamin, M.D.
Ridgewood, NJ 07450-2599
Univ of Philippines, 1981
CONSENT ORDER OF SUSPENSION AND PROBATION filed November 17, 2009. This matter was opened to the Board based on allegations that Dr. Co had assaulted a female
individual, made a terroristic threat against her and then responded falsely on his biennial medical license renewal form denying he had been arrested on any charges. Dr. Co appeared and testified before the Preliminary Evaluation Committee (“PEC”) of the Board on January 21, 2009, with his attorney. Dr. Co admitted during his appearance before the PEC that he had committed an act of simple assault on his then romantic partner which resulted in criminal charges that were resolved by his entry into Pre Trial Intervention; about a civil lawsuit which found him liable for minimal damages and that he had submitted a false answer to the Board on his renewal application. The Board found Dr. Co engaged in fraud, deception or misrepresentation when renewing his license; that he engaged in the use or employment of dishonesty, fraud, deception, misrepresentation, false promise or false pretense; and that he engaged in acts constituting a crime or offense involving moral turpitude. The Board ordered and Dr. Co agreed to his license suspended for two years, with six months to be served as an active suspension. Dr. Co must participate in the Professional Assistance Program monitoring program and comply with all of its treatment and reporting requirements; he is to successfully complete a Board approved ethics course; and he is to pay a penalty in the amount of $30,000.00 and costs in the amount of $3,377.00. EFFECTIVE DATE: March 2, 2010.
COLE, James R., M.D.
Englewood, NJ 07631-4604
Columbia Univ, 1965
ORDER GRANTING UNRESTRICTED LICENSE filed August 24, 2009. This matter was first opened to the Board upon receipt of information that Dr. Cole had applied for an unrestricted medical license following an Order of Restricted Licensure filed April 17, 2007. On June 3, 2009, Dr. Cole appeared before the Preliminary Evaluation Committee of the Board in support of his petition for unrestricted licensure, with the full support of the Professional Assistance Program(“PAP”). The Board is satisfied that Dr. Cole has complied with the prior Consent Order, participated appropriately in urine testing, attended Alcoholics Anonymous meetings, had face-to-face followup with the PAP and individual therapy, and appeared to have been in stable recovery for more than five years. The Board ordered Dr. Cole an unrestricted license to practice medicine and surgery in New Jersey. EFFECTIVE DATE: August 24, 2009.
DiSPALTRO, Franklin L., M.D.
License # MA025003
West Orange, NJ 07052
New York Medical College, 1965
CONSENT ORDER GRANTING RESTRICTED LICENSE filed November 12, 2009. This matter was most recently opened to the Board upon the filing of a Consent Order on April 19, 2007. The Consent Order was based upon the plea of Dr. DiSpaltro to one count of income tax evasion in Federal Court on March 31, 2006. Dr. DiSpaltro was sentenced to five months of imprisonment with two years of supervised release; community service; ordered to amend his corporate and personal tax returns; and pay a fine and a special assessment fine. Pursuant to a Board’s Consent Order, Dr. DiSpaltro’s license was suspended for five years with the first two years to be served as an active suspension; he was to complete an ethics course; and pay civil penalties, costs and attorneys fees. The Consent Order also provided that Dr. DiSpaltro must appear before a Committee of the Board prior to resuming practice to demonstrate fitness to practice and compliance with the Consent Order. On August 26, 2009, Dr. DiSpaltro appeared before a Committee of the Board and petitioned for reinstatement of his license. The Board is now satisfied that Dr. DiSpaltro has complied with the Consent Order filed on April 19, 2007. The Board ordered and Dr. DiSpaltro agreed to a restricted license until April 18, 2012, that is for the remainder of the five-year period of suspension of his license to practice medicine and surgery, and upon fulfillment of all application requirements including the payment of all fees. Dr. DiSpaltro can only practice in a hospital or institutional setting and/or a setting pre-approved by the Board; he is to immediately notify the Board in writing of the name and address of each premise or practice he is practicing medicine and surgery; and at the conclusion of the period of restricted licensure he will appear before a Committee of the Board if so requested by the Board to demonstrate compliance with the Consent Order and fitness to practice without restrictions. EFFECTIVE DATE: November 12, 2009.
ESAN, Olanrewaju O., M.D.
West Hempstead, NY 11552
Univ. of Lagos, 1991
CONSENT ORDER OF SUSPENSION OF LICENSURE filed November 4, 2009. This matter was opened to the Board upon receipt of information that on or about December 12, 2008, the New York Board adopted a Consent Agreement and Order executed by Dr. Esan. The New York Consent Order provided that Dr. Esan agreed not to contest the First Specification (Negligence On More Than One Occasion) as set forth in a Statement of Charges which alleged he had committed professional misconduct during the periods from in or about 2001 through in
or about 2005, while practicing medicine in the emergency room in New York in that he failed to appropriately evaluate, diagnose and treat Patients A-E’s cardiac issues and Patient F’s
opthalmologic issues, and discharged the patients inappropriately. The New York Consent Order also provided for the suspension of Dr. Esan’s license for thirty-six months, to be stayed and served as probation with conditions and restrictions. As a result of the foregoing, the New Jersey Board determined that the New York disciplinary action provided a basis for disciplinary action against Dr. Esan’s New Jersey license in that his authority to engaged in the activity regulated by the Board had been suspended by another state, agency or authority. The New Jersey Board ordered and Dr. Esan agreed to his license to practice medicine and surgery in New Jersey be suspended for thirty-six months, the entirety of which is stayed and served as probation, commencing retroactively and to run concurrently with the probationary period set forth in the New York Consent Order. Dr. Esan agreed that if the Board, upon receipt of reliable information and in its sole discretion, determines during the probationary period that he has failed to comply with any provision of the New York Consent Order or is in violation of any of the statutes and/or regulations governing the practice of medicine and surgery in New Jersey, his New Jersey license to practice medicine and surgery will be automatically and immediately suspended. EFFECTIVE DATE: December 12, 2008.
GHANEM, Roland, M.D.
Totowa, NJ 07512-2554
Univ. Damascus, 1967
CONSENT ORDER OF REPRIMAND filed November 18, 2009. This matter was opened to the Board upon the filing of an Administrative Complaint on September 9, 2009. The charges arise from treatment records of five patients which reflected a consistent pattern of over billing and a failure to conform to accepted standards of good medical practice in treating patients’ allergies. The Board ordered and Dr. Ghanem agreed to be reprimanded for the conduct alleged in the Administrative Complaint and for his failure to cooperate with the Board’s investigation. Dr. Ghanem must identify and immediately employ a practice monitor and a billing and coding monitor, subject to the Board’s approval. The functions of these two monitors can be combined in a single identified individual or entity subject to Board approval. Dr. Ghanem is to ensure that each monitor provides quarterly written reports to the Board. Dr. Ghanem is to pay a penalty in the amount of $10,000.00 and costs in the amount of $33,083.50. EFFECTIVE DATE: November 18, 2009.
GODFREY, George C., M.D.
License # MA014407
Absecon, New Jersey 08201
Jefferson Med Col, 1952
FINAL ORDER AND DECISION filed November 23, 2009, nunc pro tunc August 12, 2009. This matter commenced with the issuance of a Complaint against Dr. Godfrey on May 29, 2007. Following transmission of the matter to the Office of Administrative Law, a Supplemental Complaint was filed on May 29, 2008, and the matters were consolidated. The initial Complaint alleged Dr. Godfrey engaged in gross or repeated negligent examinations of numerous patients; repeated negligent in the preparation of patient records; grossly inflated coding of service levels; billed for services not rendered; indiscriminate and/or grossly negligent prescribing of controlled drugs to patients; exhibited negligence in the designation of physical therapy services, which were delegated to persons not licensed to perform physical therapy services and negligently supervising such therapy; and for failing to cooperate in a Medical Board investigation. The supplemental Complaint alleged nearly identical allegations as to an additional patient as contained in the initial Complaint and that he failed to cooperate in a second Medical Board investigation. Dr. Godfrey submitted an Answer in August 2007, in which he admitted the general allegations of the Complaint except he denies any violation of the laws and regulations governing the practice of medicine and all other allegations of the Complaint. Based upon review of the record in this case and the arguments of counsel, the Board adopted as its Final Decision the well-reasoned Findings of Fact and Conclusions of Law of the Administrative Law Judge except to delete references in Count I to a patient described as VTN, VT or VN, as those allegations had been withdrawn. The Board ordered the license of Dr. Godfrey suspended for five years effective 30 days from the Oral Announcement on the record which was on August 12, 2009. Dr. Godfrey cannot accept any new patients during the 30-day period following the Oral Announcement; he is to surrender within 15 days of the service of this Order his wall certificate and his biennial renewal to practice medicine and surgery; he is to pay penalties in the amount of $90,000.00, and costs in the amount of $148,490.00. Dr. Godfrey can make no application for reinstatement of license unless accompanied by a report of an assessment of his skills by an entity pre-approved by the Board. EFFECTIVE DATE: September 11, 2009.
GROSSO, Gino, M.D.
Cherry Hill, NJ 08803
INTERIM CONSENT ORDER OF VOLUNTARY SURRENDER OF LICENSURE filed November 4, 2009. This matter was opened before the Board upon receipt of information that Dr. Grosso was being investigated in Pennsylvania on allegations that he had been unlawfully prescribing controlled dangerous substances in violation of applicable state and federal laws and regulations. In light of the pending investigation, a Verified Administrative Complaint was filed on October 28, 2009, and Dr. Grosso filed an Answer on October 30, 2009. A hearing on the temporary suspension of Dr. Grosso was scheduled before the Board for November 4, 2009. In lieu of a hearing on the matter of temporary suspension and the Verified Complaint, and without making any admissions of professional misconduct, Dr. Grosso agreed to cease practicing medicine and surgery in New Jersey pending further Order of the Board subsequent to a plenary hearing or upon application by the parties. Dr. Grosso agreed to this Interim Order of Voluntary Surrender of his license to practice medicine and surgery without prejudice and in accordance with the terms of this Order. The Board ordered and Dr. Grosso agreed to surrender his license to practice medicine and surgery in New Jersey no later than November 18, 2009, and will on that date cease and desist from practicing medicine. Dr. Grosso must surrender his medical license certificate and wallet card, his New Jersey CDS registration, and all of his prescriptions pads. Dr. Grosso agreed that he will not seek licensure as a physician in any other jurisdiction, and that he will fully comply with the terms of his enrollment in the Professional Assistance Program of New Jersey(“PAP”) and will continue to participate in the PAP until further Order of the Board. EFFECTIVE DATE: November 18, 2009.
GUZIK, David J., D.O.
Point Pleasant, NJ 08742
Univ. of Medicine & Dentistry, 1991
THIS IS A NON-DISCIPLINARY ORDER
CONSENT ORDER REINSTATING LICENSE WITH CONDITIONS filed October 27, 2009. This matter was reopened before the Board upon receipt of a petition from Dr. Guzik seeking reinstatement of his license to practice medicine and surgery in New Jersey. On September 2, 2009, Dr. Guzik appeared pro se, before a Preliminary Evaluation Committee of the Board and offered testimony in support of his petition for reinstatement. Dr. Guzik was accompanied by Executive Medical Director of the Professional Assistance Program (the "PAP") who offered testimony supporting Dr. Guzik. By way of background, Dr. Guzik voluntarily surrendered his medical license pursuant to the terms of a Consent Order filed on November 7, 2008. Dr. Guzik had been a participant in the PAP since February 2007, when he tested positive for alcohol consumption in July and August 2008, and he admitted that he had resumed drinking while he was closing his medical practice. The Consent Order provided that Dr. Guzik could seek to apply for the reinstatement of his license, providing he first demonstrated to the Board's satisfaction his fitness to resume practice. The Board considered the testimony of Dr. Guzik and the Executive Medical Director of the PAP, the documents submitted by the PAP in support of Dr. Guzik's petition for reinstatement, and is now satisfied that Dr. Guzik has made the required demonstration of fitness to resume practice, has maintained sobriety for more than ten months, and that he is presently in stable recovery. The Board ordered and Dr. Guzik agreed to his license to practice medicine in New Jersey be reinstated, conditioned on his compliance with all terms of this Order. Dr. Guzik must continue to maintain enrollment in and fully participate with the PAP; have the PAP supply quarterly reports to the Board; continue random twice weekly urine monitoring conducted by the PAP for a minimum period of one year following the entry of this Order; continue to regularly attend Alcoholics Anonymous a minimum of three meetings a week; and secure a designated physician monitor who will be required to be pre-approved by the Board, who will submit quarterly reports to the Board regarding Dr. Guzik's general practice and who will submit an immediate report to the Board in the event that he or she has obtained any information that suggests Dr. Guzik has relapsed. Dr. Guzik can only practice in a group setting approved by the Board and beginning on the date of reinstatement of his CDS prescribing privileges, Dr. Guzik must submit to the Board for review randomly selected medical charts in which he has prescribed Schedule II or III CDS to a patient. EFFECTIVE DATE: October 27, 2009
HUBBS, James E., D.O.
Woodstown, NJ 08098
UMDNJ, Sch of Osteo, 1992
CONSENT ORDER OF REPRIMAND filed November 17, 2009. This matter was opened to the Board upon receipt of information that Dr. Hubbs had resigned from a position at a hospital while under investigation for allegations that he had a sexual relationship with a patient. Dr. Hubbs acknowledged he had a personal relationship with a co-worker who became a patient. The Board reviewed the testimony offered by Dr. Hubbs before the Medical Practitioner Review Panel and the testimony of the patient. The Board found that even accepting Dr. Hubbs’ version of events, he failed to maintain appropriate professional boundaries and did not terminate the physician/patient relationship prior to initiating a social relationship. The Board ordered and Dr. Hubbs agreed to be reprimanded for violating the sexual misconduct regulation. Dr. Hubbs must take and successfully complete a course pre-approved by the Board regarding maintenance of appropriate boundaries by physicians with patients and staff and pay a penalty in the amount of $5,000.00. EFFECTIVE DATE: November 17, 2009.
MAKKER, Ram Swaroop, M.D.
Roslyn Heights, NY 11577
Univ of Geneva, 1987
ORDER OF IMMEDIATE SUSPENSION filed November 6, 2009. This matter was opened before the Board on or about October 23, 2009, upon the Board’s receipt of a petition seeking the entry of an Order immediately suspending the license of Dr. Makker to practice medicine and surgery in New Jersey. The petition was based upon the entry of a “Determination and Order” by the New York Board which revoked the license of Dr. Makker to practice medicine in New York State on September 2, 2009. Within that Order, the New York Board concluded that Dr. Makker had in eight instances failed to ensure patient safety when attempting to treat common emergency room presentations and that his continued practice would present a threat to patient safety severe enough to warrant the revocation of his license. The New Jersey Board found that Dr. Makker’s continued practice in New Jersey would endanger or pose a risk to the public health, safety and welfare and explicitly adopted the New York State Board’s findings. The New Jersey Board ordered the license of Dr. Makker to practice medicine and surgery in New Jersey immediately suspended, and Dr. Makker is to immediately cease and desist from engaging in any practice of medicine and surgery in New Jersey. Dr. Makker may provide relevant evidence in mitigation for consideration by the Board, and /or request an opportunity to make oral arguments as to discipline before the Board or a Committee thereof, within fourteen days of the date of entry of this Order. EFFECTIVE DATE: November 4, 2009.
POULOS, Evangelos G., M.D.
Miami Lakes, FL 33014
Univ of Miami, 1976
CONSENT ORDER OF REPRIMAND filed November 4, 2009. This matter was opened to the New Jersey Board upon receipt of information that on or about October 23, 2008, the Alaska Board entered a Consent Agreement with Dr. Poulos providing for a reprimand and a fine in the amount of $1,000.00 for his failure to report the outcome of a malpractice claim within thirty days of the resolution of the claim. Thereafter, based upon the Alaska Board disciplinary action, the California Board entered an Order issuing a Public Letter of Reprimand on January 30, 2009; the West Virginia Board entered a Consent Order of Reprimand on March 31, 2009 and a civil fine in the amount of $1,000.00; and the Colorado Board issued a Letter of Admonition on July 8, 2009. As a result of the foregoing, the New Jersey Board determined that Dr. Poulos’s acts giving rise to the Alaska Consent Agreement provided a basis for disciplinary action in New Jersey. The New Jersey Board ordered and Dr. Poulos agreed to be reprimanded for his actions as indicated. EFFECTIVE DATE: November 4, 2009.
SAVIT, Russ M., M.D.
Coeur D’Alene, ID 83814
State Univ of New York, 1980
CONSENT ORDER OF REPRIMAND filed November 4, 2009. This matter was opened to the New Jersey Board upon receipt of information that on or about October 23, 2008, the Alaska Board entered a Consent Agreement with Dr. Savit providing for a reprimand and a fine in the amount of $1,000.00 for his failure to report the outcome of a malpractice claim within thirty days of the resolution of the claim. Thereafter, based upon the Alaska Board disciplinary action, the California Board entered an Order issuing a Public Letter of Reprimand on January 30, 2009; the Tennessee Board entered a Consent Order of Reprimand on March 17, 2009 and a civil penalty in the amount of $100.00; the Colorado Board issued a Letter of Admonition on March 19, 2009; the Michigan Board entered a Consent Order on April 9, 2009 which provided for a $250.00 fine; and Dr. Savit executed a Settlement Agreement on May 27, 2009, with the Florida Board which provided for the issuance of a Letter of Concern and a $1,000.00 fine. As a result of the foregoing, the New Jersey Board determined that Dr. Savit’s acts giving rise to the Alaska Consent Agreement provided a basis for disciplinary action in New Jersey. The New Jersey Board ordered and Dr. Savit agreed to be reprimanded for his actions as indicated. EFFECTIVE DATE: November 4, 2009.
SINGHVI, Kailash, M.D.
Roslyn, NY 11576
Univ. of Rajasthan, India, 1977
CONSENT ORDER OF REINSTATEMENT OF LICENSE WITHOUT LIMITATIONS filed November 12, 2009. This matter was opened to the Board upon receipt of Dr. Singhvi’s request to remove the restrictions that were placed on his license to practice medicine and surgery in New Jersey. Dr. Singhvi’s voluntarily surrendered his license which was deemed a revocation, pursuant to a Consent Order entered on July 14, 2003. The basis for the Consent Order was because Dr. Singhvi previously had surrendered his license to practice medicine in the New York via an Order entered on December 3, 2002, which found he had engaged in professional misconduct and practiced the profession of medicine fraudulently in violation of New York Law. The underlying conduct upon which these orders were premised resulted in Dr. Singhvi’s conviction for violating Federal Law by conspiracy to pay kickbacks to doctors for Medicare Patient Referrals; conspiracy to defraud the Medicare Program; and defrauding the Medicare Program. Judgment in the criminal matter was entered on April 20, 2006, sentencing Dr. Singhvi to time served, three years of supervised release, and a fine in the amount of $5,000.00, which has been satisfied. Under the terms of the Consent Order with the Board filed on July 14, 2003, Dr. Singhvi was not permitted to file an application for reinstatement of his license for three years. On May 31, 2007, the Board filed a Consent Order of Reinstatement of License with Restrictions. Thereafter, per Dr. Singhvi’s request, on March 31, 2008, the Board filed a Consent Order of Reinstatement of License with Restrictions clarifying that Dr. Singhvi’s scope of practice was confined to the practice of gastroenterology and internal medicine. On June 10, 2009, the Board reviewed a Preliminary Evaluation Committee’s recommendation that Dr. Singhvi has fully complied with and satisfied all previously filed Board Orders, and had successfully completed a billing and documentation course. The Board determined Dr. Singhvi has demonstrated that he is sufficiently rehabilitated to reenter the practice of medicine without any restrictions. The Board ordered and Dr. Singhvi agreed to the removal of the restrictions on his license. EFFECTIVE DATE: November 12, 2009.
THE NEW JERSEY STATE
BOARD OF MEDICAL EXAMINERS
William V. Roeder
WVR/jj Executive Director