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NEWARK
– The State Board of Medical Examiners
(BME) yesterday voted to suspend the license
of an Edison-based psychiatrist after Administrative
Law Judge Joann LaSala Candido found that
the doctor had engaged in gross negligence
and other licensure violations by engaging
in sexual misconduct with a female patient.
ALJ
Candido, who conducted a three-day trial
on the matter, found that Dr. Chowdhury
Azam inappropriately asked a female patient
to show him a scar on her breast, inappropriately
messaged her neck and shoulders and inappropriately
touched her breast. As a psychiatrist, Dr.
Azam was counseling the patient and providing
treatment for substance abuse. The BME adopted
ALJ Candido’s credibility findings
which found the victim’s testimony
to be “competent and credible”
while adjudicating Dr. Azam’s version
of the events to be “simply unbelievable.”
In
its disciplinary action against Dr. Azam,
the BME ordered a more severe punishment
than recommended by the Office of Administrative
Law. The State successfully argued to the
BME that the harm to the patient, Dr. Azam’s
continued willingness to blame the victim
for his misconduct and his prior history
of dishonesty with the BME necessitated
an increase in the term of suspension from
practice. The BME increased the penalty
imposed upon Azam from six months active
and six months of probation to a five year
license suspension, with the first year
being an active suspension. The suspension
takes effect on September 10, 2010.
“Dr.
Azam violated the trust of his patient and
he broke the Board’s regulations which
exist to protect patients,” Attorney
General Paula T. Dow said. “The Board
acted to discipline Dr. Azam based on his
indefensible actions against this patient.”
“This
physician, and the medical community as
a whole, must recognize that even one instance
of sexual misconduct with a patient demands
a significant penalty,” Dow added.
The
BME in February 2009 restricted Dr. Azam
to seeing only male patients and then referred
the case for a hearing in the Office of
Administrative Law because Dr. Azam contested
the matter. Hearings before the judge were
held in December 2009 and February 2010,
with the judge issuing her decision on May
28. The BME has the authority to accept,
reject or modify a judge’s decision
when it determines the appropriate level
of discipline to administer.
Dr.
Azam also must pay a $15,000 civil penalty
and reimburse the state for its investigative
and legal costs in excess of $22,000.
“Patients
who suspect they received inappropriate
treatment should file a complaint with the
Board
of Medical Examiners,” said Thomas
R. Calcagni, Acting Director of the State
Division of Consumer Affairs. “The
Board reviews filed complaints and will,
as this case demonstrates, hold licensees
accountable.”
Deputy
Attorney General David M. Puteska represented
the state in this matter.
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