A meeting of the New Jersey State Board of Medical Examiners was held on Wednesday, January 9, 2008 at the Richard J. Hughes Justice Complex, 25 Market Street, 4th Floor Conference Center, Trenton, New Jersey for Disciplinary Matters Pending Conclusion, open to the public. The meeting was called to order by Ms. Karen Criss, Chairperson for Open Disciplinary Matters.

PRESENT

Board Members Cheema, Clemency-Kohler, Criscito, Criss, Haddad, Jordan, Lambert, Lomazow, Mendelowitz, Nussbaum, Paul, Reichman, Stanley, Strand and Wheeler.

EXCUSED

Board Members Ciechanowski, DeGregorio, Salas-Lopez, Scott, Walsh and Weiss.

ALSO PRESENT

Assistant Attorney General Joyce, Deputy Attorneys General Dick, Ehrenkrantz, Flanzman, Gelber, Jespersen, Levine, Silva and Warhaftig, Executive Director Roeder and Medical Education Director Blanks.

RATIFICATION OF MINUTES

THE BOARD, UPON MOTION MADE AND SECONDED, VOTED TO APPROVE THE MINUTES FROM THE DECEMBER 12, 2007 BOARD MEETING AS SUBMITTED.

HEARINGS, PLEAS, RETURN DATES, APPEARANCES

10 A.M. ROMILLO, Jose E. M.D. 25MA03159700
Kevin Jespersen, DAG Prosecuting

This matter was opened to the New Jersey State Board of Medical Examiners by way of Verified Complaint by the Attorney General seeking the temporary suspension of Dr. Romillo’s license to practice medicine and surgery in the State of New Jersey and for other such relief as deemed necessary.

DAG Jespersen on behalf of the Attorney General presented an Interim Consent Order Agreement, wherein the parties have agreed to accept the conditions of the Consent Order and the Board announced the following:

THE BOARD, UPON MOTION MADE AND SECONDED, VOTED TO ACCEPT THE INTERIM CONSENT ORDER WHICH INCLUDED THE VOLUNTARY SURRENDER OF DR. ROMILLO’S LICENSE PENDING THE OUTCOME OF THE VERIFIED COMPLAINT.

11 A.M. LIONETTI, ANTHONY L. M.D. 25MA04444800
Carla Silva, DAG Prosecuting
Laurent W. Metzler, Esq.
Debra Levine, DAG Counseling

A Motion for Summary Decision was filed by the Attorney General on or about December 21, 2007. Dr. Lionetti opposed the Motion for Summary Decision and oral argument was set for this Board meeting. Prior to beginning the oral argument, Dr. Lionetti asked for an adjournment of the proceedings and agreed to all the terms and conditions of the proposed Order.

THE BOARD, UPON MOTION MADE AND SECONDED, VOTED TO MOVE INTO EXECUTIVE SESSION FOR ADVICE OF COUNSEL AND DELIBERATIONS.

All parties, except administrative and counseling staff, left the room.

Returning to Open Session, the Board announce the following:

THE BOARD, UPON MOTION MADE AND SECONDED, VOTED TO ACCEPT THE WRITTEN CONSENT ORDER IN WHICH DR. LIONETTI AGREED TO IMMEDIATELY CEASE AND DESIST FROM THE PRACTICE OF MEDICINE AND SURGERY IN THE STATE OF NEW JERSEY PENDING THE DISPOSITION OF THE MATTER BEFORE THE THIRD CIRCUIT COURT OF APPEALS OF HIS CRIMINAL CONVICTIONS AND UNTIL FURTHER ORDER OF THE BOARD. DR. LIONETTI MUST SUBMIT THE APPELLATE COURT’S DECISION WITHIN TWENTY DAYS OF RECEIPT OF THE DECISION. DR. LIONETTI ALSO AGREED TO WITHDRAW HIS REINSTATEMENT APPLICATION SINCE HIS LICENSED LAPSED AS OF JUNE 30, 2007. THE DOCTOR MUST RETURN HIS ORIGINAL NEW JERSEY LICENSE AND CURRENT BIENNIAL REGISTRATION TO THE BOARD OFFICE BY JANUARY 16, 2008. IN ADDITION, THE DOCTOR MUST RETURN HIS ORIGINAL CDS LICENSE TO THE BOARD OFFICE AS OF JANUARY 10, 2008. THE PARTIES AGREED THAT ENTRY OF THE ORDER IS WITHOUT PREJUDICE TO FURTHER BOARD ACTION OR OTHER LAW ENFORCEMENT ENTITIES RESULTING FROM THE DOCTOR’S CONDUCT PRIOR TO ENTRY OF THIS ORDER AND WITHOUT PREJUDICE TO THE FURTHER PROSECUTION OF THE ALLEGATIONS FILED IN THE COMPLAINT.

OLD BUSINESS

EATOUGH, Philip B. D.O. 25MB02599600
Siobhan B. Krier, DAG Prosecuting
Alex J. Keoskey, Esquire

This matter was scheduled following receipt of the Hearing Committee’s report. The matter was originally opened to the New Jersey State Board of Medical Examiners by Verified Administrative Complaint seeking the suspension or revocation of the license of Respondent to practice medicine and surgery and for such other relief deemed appropriate. At the December 12, 2007 Board meeting the matter was adjourned and heard before a Committee of the Board on December 19, 2007 and January 2, 2008. The matter was before the Board on the papers to ratify, modify or reject the Hearing Committee’s decision.

THE BOARD, UPON MOTION MADE AND SECONDED, VOTED TO MOVE INTO CLOSED SESSION FOR ADVICE OF COUNSEL AND DELIBERATIONS.

All parties, except administrative and counseling staff, left the room.

Returning to Open session, the Board stated that a renewed request for further oral argument was denied since the agreement made before the Board last month was that the matter would be heard on the papers with no further oral argument following the Hearing Committee’s report. The Board then announced the following decision:

THE BOARD, UPON MOTION MADE AND SECONDED, VOTED TO ACCEPT THE HEARING COMMITTEE’S REPORT WITH THE FOLLOWING MODIFICATIONS: THAT THE GENERAL PRACTICE MONITOR BE A PHYSICIAN WHO IS BOARD CERTIFIED IN INTERNAL MEDICINE (PARAGRAPH 2) . IN ADDITION, THAT THE ASSESSMENT PROGRAM HAS THE APPROVAL OF THE MEDICAL EDUCATION DIRECTOR (PARAGRAPH 4). THE BOARD ALSO DENIED THE PROPOSAL FOR DR. JEFFREY BERMAN AND DR. PAUL SWIDRYK ACT AS MONITORS AND IN LIGHT OF THAT DECISION, THE BOARD MODIFIED THE REPORT (PARAGRAPH 6) AND GAVE DR. EATOUGH SEVEN DAYS TO PROPOSE TWO NEW MONITORS FOR THE BOARD’S APPROVAL. IN THE EVENT THAT DR. EATOUGH IS UNABLE TO SECURE TWO MONITORS IN THE ALLOWED TIME, HE SHALL CEASE AND DESIST FROM FURTHER MEDICAL PRACTICE UNTIL A MONITORING PROGRAM IS APPROVED BY THE BOARD.

Respectfully submitted,

_________________________________
Karen Criss, R.N., C.N.M.
Vice-President

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