The New Jersey State Board of Medical Examiners (the "Board") has taken the following actions in December 2011. 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
AVELLINI, James R., M.D.
Keyport, NJ 07735
Auton Univ of Guadalajara, 1980
CONSENT ORDER OF REPRIMAND filed January 13, 2012. This matter was opened to the Board upon receipt of information that on or about August 12, 2011, the New York Board entered a Consent Order executed by Dr. Avellini providing for a censure and reprimand, payment of a $10,000.00 fine and completion of a continuing education program in the area of medical ethics together with other terms and conditions. As a result of the foregoing, the New Jersey Board determined that Dr. Avellini’s acts giving rise to the New York disciplinary action, provided a basis to take disciplinary action against Dr. Avellini’s New Jersey license to practice medicine and surgery. The New Jersey Board ordered and Dr. Avellini agreed to be reprimand for his actions. EFFECTIVE DATE: January 13, 2012.
DAWSON, Cleve R., M.D.
Newark, NJ 07105
Temple Univ Sch of Med, 1979
CONSENT ORDER OF REPRIMAND filed January 19, 2012. This matter was opened before the Board upon receipt of a report from the Medical Practitioner Review Panel (the “Panel”) detailing findings and recommendations made the Panel at the conclusion of an investigation of the care provided by Dr. Dawson to patient J.W. Specifically, the Panel commenced its investigation upon receiving notice from Dr. Dawson’s medical malpractice insurance carrier that a payment had been made on Dr. Dawson’s behalf to settle a civil malpractice action, wherein the estate of J.W. alleged he failed to timely diagnose and properly treat diabetes, resulting in J.W.’s death. Based on the findings, the Panel concluded Dr. Dawson engaged in repeated acts of negligence during the course of his treatment of J.W. to include a failure to have regularly or appropriately monitored J.W.’s elevated glucose and a failure to have diagnosed diabetes in the presence of obvious symptoms. The Panel further found Dr. Dawson was negligent by failing to have conducted follow-up to ensure that he in fact received and reviewed lab results, and that his medical records were kept in a manner inconsistent with the minimum standards required by New Jersey statutes and regulations. The Board having reviewed the report made by the Panel has ratified and adopted all findings made by the Panel, and now concludes that there are grounds for disciplinary action against Dr. Dawson. The Board ordered and Dr. Dawson agreed to be formally reprimanded for engaging in repeated acts of negligence and for having maintained substandard and inadequate medical records. Dr. Dawson within six months of the date of entry of this Order, must attend and successfully complete a course in the diagnosis and management of diabetic patients and in medical record keeping. Dr. Dawson is to pay a penalty in the amount of $5,000.00. EFFECTIVE DATE: January 19, 2012.
MASOOD, Yousuf, M.D.
1 Chesterfield Dr.
Warren, NJ 07059
Ross Univ/Univ. of Dominica 1995
CONSENT ORDER OF REVOCATION OF LICENSE filed January 30, 2012. This matter was opened to the New Jersey State Board of Medical Examiners upon receipt of information that on or about September 3, 2010, Dr. Masood, M.D. was arrested and served with a Criminal Complaint alleging conspiracy to commit health care fraud by billing for services not provided and billing Medicaid for services rendered by non-licensed individuals under his name, a violation of 21 U.S.C. §1349, and transferring greater than $1.5 million dollars via interstate commerce of illegally obtained Medicaid reimbursement money, constituting health care fraud, contrary to 18 U.S.C. §1347. On October 10, 2010, Dr. Masood voluntarily surrendered his license to practice medicine and surgery in New Jersey pending the disposition of the criminal charges and further order of the Board. On April 21, 2011, Dr. Masood pled guilty, admitting that he had conspired to defraud Medicare and Medicaid by billing the benefit programs for patient visits, which he did not provide, but were provided by non-licensed employees, in violation of 18 U.S.C.§ 1349. Additionally, Dr. Masood agreed to pay restitution and forfeit assets in the amount of $1.8 million dollars as part of a plea bargain reached with the U.S. Department of Justice. A judgment of conviction was entered on June 2, 2011. Subsequently, on November 16, 2011, Respondent was sentenced to a term of incarceration of forty-three months. The Board hereby finds that: Respondent's admitted conduct constitutes violations of N.J.A.C. 13:35-7.2 and 7.6; thereby a violation of N.J.S.A. 45:1-21(h); misrepresentation, a violation of N.J.S.A. 45:1-21(b); professional misconduct, a violation of N.J.S.A. 45:1-21(e), and acts constituting moral turpitude and relating adversely to the practice of medicine, a violation of N.J.S.A. 45:1-21(f). The Board ORDERED THAT: 1. Dr. Masood’s license to practice medicine and surgery in the State of New Jersey is hereby revoked; 2. Dr. Masood shall ensure that all copies of his biennial license registration have been returned to the Board on receipt of a filed copy of this Order; 3. Dr. Masood shall comply with the attached Directives for physicians' whose surrender of licensure has been accepted by the Board; 4. Dr. Masood shall provide patients with instructions regarding acquiring patient records through his attorney and the AUSA handling the pending criminal charges. The burden to acquire such records or copies thereof remains on Dr. Masood. EFFECTIVE DATE: January 3, 2012.
OXMAN, Reed S., M.D.
Philadelphia, PA 19103-5743
David Geffen Sch Med UCLA, 1986
CONSENT ORDER OF SUSPENSION OF LICENSURE filed January 9, 2012. This matter was opened to the Board upon receipt of information that on or about August 16, 2011, the Pennsylvania Board entered a Final Order of Automatic Suspension, suspending Dr. Oxman’s medical license indefinitely retroactive to July 13, 2011. The Final Order of Automatic
Suspension was based upon Dr. Oxman’s guilty plea on or about August 24, 2007, to the crime of dispensing and distributing a schedule II controlled substance called Methaphetamine. Thereafter, on January 4, 2008, a Judgment was issued sentencing Dr. Oxman to probation for five years subject to terms and conditions and he was ordered to pay a $5,000.00 fine. As a result of the foregoing, the New Jersey Board determined that the Pennsylvania disciplinary actions and Dr. Oxman’s guilty plea provided a basis for disciplinary action against Dr. Oxman’s New Jersey license to practice medicine and surgery pursuant to N.J.S.A. 45:1-21(f) and (g). The Board ordered and Dr. Osman agreed to his license to practice medicine and surgery in New Jersey be suspended until such time as he holds an active, unrestricted license to practice medicine in Pennsylvania. In the event Dr. Oxman seeks reinstatement of his New Jersey license at any time in the future, he will be required to appear before a committee of the Board to establish he is fit to practice medicine in New Jersey and demonstrate that he holds an active, unrestricted license in Pennsylvania. EFFECTIVE DATE: January 9, 2012.
RICCI, John A., M.D.
Manasquan, NJ 08736
Ross Univ, 1995
CONSENT ORDER filed January 30, 2012. This matter as opened to the Board upon reciept of information pertaining to Dr. Ricci and his medical treatment during 2006-2009 of several patients with off-label uses of IV Ketamine, IV Colchicine and Human Growth Hormone (hGH). Other allegations made to the Board concerned Dr. Ricci’s personal relationships with patients and/or employees. On April 28 and June 23, 2010, Dr. Ricci appeared with counsel and testified under oath before a Preliminary Evaluation Committee of the Board. Dr. Ricci acknowledged that he had a personal relationship with a co-worker, who was also a patient, and with another patient whose care he eventually ceased providing. After its review, the Board found Dr. Ricci failed to maintain proper professional boundaries and he failed to comply with Board regulations. In lieu of further investigation and litigation and the attendant costs, and without admissions of wrongdoing, Dr. Ricci seeks to resolve this matter by Consent Order. The Board ordered and Dr. Ricci agreed to be reprimand for using IV Colchicine, IV Ketamine, hGH and testosterone as treatments for his patients without proper documentation of medical need and/or proper monitoring of potential side effects from the use of the above medications; failing to acquire appropriate informed consent for the above treatments; failing to dispose of expired medications and supplies and misrepresenting the frequency of his monitoring of the expiration dates; failing to include findings and results of diagnostic tests completed by treating practitioners in his medical plan and for treating patients with IV Colchicine contrary to FDA warnings and prohibitions, and New Jersey Statutes and Regulations; inadequately and improperly documenting in his medical records diagnostic data reviewed and considered, observations, clinical examinations and medical rationale for the treatment he rendered to his patients; and engaging in personal relationships with patients and employees without properly terminating and maintaining such termination of the patient-physician relationships. Dr. Ricci’s license to practice medicine and surgery in New Jersey will be and hereby is suspended for four years, effective on the filing of this Order. Said suspension will be stayed and served as probation pending successful fulfillment of the terms of this Order. Dr. Ricci is to pay costs in the amount of $1,900.00 and penalty in the amount of $15,000.00; he is to complete a comprehensive assessment of his skills and knowledge in family medicine and integrative medicine, within four months; he is to take and successfully complete a Board approved course regarding maintenance of appropriate boundaries by physicians with patients and staff, within three months; and he is to successfully complete a Board approved record documentation and billing course within three months. EFFECTIVE DATE: January 30, 2012.
RUBIN, Warren A., D.P.M.
Cherry Hill, NJ 08003-3012
Ohio College of Podiatric Medicine, 1973
INTERIM CONSENT ORDER filed January 30, 2012. This matter was opened to the Board upon receipt of information that Dr. Rubin had improperly prepared and completed medical disability/WORKFARE forms and maintained unprofessional and unsanitary conditions in his podiatric practice. Dr. Rubin now seeks leave through his counsel to reach an interim resolution of the Board’s pending investigation and its current concerns about patient safety. The Board ordered and Dr. Rubin agreed that within forty five days, he will cease and desist from the practice of podiatry until he has successfully completed and provided proof of completion to the Board of all requirements provided in this Order. Dr. Rubin must notify the Board within fifteen days of the filing of this Order of the exact date he will cease practicing. Dr. Rubin may not resume practice until he receives correspondence from the Board indicating that he has successfully satisfied all requirements. Dr. Rubin must hire a Board approved infection control consultant to assess, teach and monitor his sanitization policies and procedures and have said monitor provide an initial report summarizing initial findings; he is to hire a professional cleaning service and cease using surgical instruments until the Board receives a report demonstrating that satisfactory systems are in place; he is to acquire a neuropsychological evaluation by a Board approved neuropsychologist ; and he is to successfully complete and pass the SPEX exam or its equivalent. Until final resolution of this matter and once Dr. Rubin returns to practice, he will continue to have his practice sanitation practices reviewed by the Board approved consultant with monthly reporting for three months to the Board, followed thereafter with quarterly reports. EFFECTIVE DATE: January 30, 2012.
SWAROOP, Anand, M.D.
Ocean, NJ 07712
Univ of Lucknow, 1966
CONSENT ORDER OF REPRIMAND filed January 27, 2012. This matter was opened before the Board upon receipt of a report from the Medical Practitioner Review Panel (the “Panel”) detailing findings and recommendations made by the Panel at the conclusion of a Panel investigation of care provided by Dr. Swaroop to patient T.V. Specifically, the Panel recieved notice from Dr. Swaroop’s medical malpractice insurance carrier that a payment was made on his behalf to settle a civil malpractice action, wherein T.V. alleged Dr. Swaroop performed arthroscopic surgery on the wrong knee, resulting in a need for additional surgery. The Panel has considered available information regarding this matter, to include hospital records for patient T.V’s surgery and testimony offered by him when he appeared before the Panel on June 17, 2011, pro se. The Panel concluded that when operating on T.V.’s left knee, Dr. Swaroop engaged in grossly negligent practice. The Board has reviewed the report made by the Panel and has ratified and adopted all findings made by the Panel, therefore concluding that grounds for disciplinary action against Dr. Swaroop exist. The Board ordered and Dr. Swaroop agreed to be formally reprimanded for engaging in gross negligence and assessed an penalty in the amount of $5,000.00. EFFECTIVE DATE: January 11, 2012.
WIJAYA, Don Henry, M.D.
Trenton, NJ 08690
Univ of Ceylon, 1971
CONSENT ORDER GRANTING RESTRICTED LICENSE filed January 11, 2012. This matter was most recently opened to the Board upon receipt of a petition from Dr. Wijaya seeking reinstatement of his license to practice medicine and surgery in New Jersey. Pursuant to a Final Decision and Order filed on March 25, 2002 (which was stayed during the appeal process until June 16, 2004) Dr. Wijaya’s license was revoked. The revocation was based on findings that Dr. Wijaya engaged in an inappropriate intimate relationship with a patient, engaged in violations involving boundaries, transference and medical records, failed to obtain appropriate consultations or referrals for himself; and negligently handled termination of a patients’s therapy. Dr. Wijaya appeared before a Committee of the Board and testified about his treatment, therapy and participation with the Professional Boundaries Accountability Seminar. Dr. Wijaya also testified that he is fit and able to resume treating patients despite not practicing since 2004, because of his prior experience treating patients and his completion of many continuing medical education courses in psychiatry. Dr. Wijaya maintains he accepted full responsibility for engaging in boundary violations, but continue to deny engaging in a sexual relationship with a former client. The Professional Assistance Program (“the PAP”) submitted a statement in support of reinstatement of Dr. Wijaya’s license to practice medicine and surgery subject to certain conditions. The Board having reviewed Dr. Wijaya’s testimony, reports and testimony from Dr. Wijaya’s psychiatrist, the recommendations of the PAP in this case as well as all relevant documentation submitted, found Dr. Wijaya has demonstrated sufficient insight and that a return to practice under certain conditions and limitation is appropriate. The Board ordered and Dr. Wijaya agreed to be reinstated to practice medicine and surgery with a restricted license upon fulfillment of all application requirements including the payment of all licensing fees. Dr. Wijaya will only be permitted to practice medicine and surgery part time at Mid-Jersey Medical Care IPA or another institutional setting pre-approved by the Board; he will be limited to medication management and short term psychotherapy; his employer will report to the Medical Director of the PAP on a quarterly basis; he will remain in weekly and group therapy for a minimum of one year; continue to participate in the weekly teleconference with the Professional Boundaries Accountability Seminar group; and he is to participate in monthly face to face visits with a representative of the PAP for a minimum of one year following reinstatement. EFFECTIVE DATE: January 11, 2012.
THE NEW JERSEY STATE
BOARD OF MEDICAL EXAMINERS
William V. Roeder