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MARCH 2011
"BOARD ACTIONS SUMMARY"

The New Jersey State Board of Medical Examiners (the "Board") has taken the following actions in March 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.

AL-SALIHI, Farouk, M.D. pdf
License #MA022618
Jersey City, NJ 07305-2107
Baghdad University, College of Medicine, 1958
EXAMINATION

CONSENT ORDER filed March 10, 2011. This matter was opened to the Board upon receipt of information that the medical office owned and operated by Dr. Al Salihi was operating in an unsanitary and unsafe manner. The Board also received information regarding Dr. Al-Salihi’s care, treatment and prescribing for patient C.E.N. Dr. Al Salihi previously entered into two Consent Orders with the Board. The first Consent Order filed February 9, 1999, was based upon an indictment for reckless disposal of regulated medical waste as well as concerns about sanitary conditions in his office and his care of pediatric patients. Dr. Al Salihi was ordered to submit to an evaluation and monitoring of his practice, attend a mini-residency course and pay penalties and costs. The second Consent Order filed on December 28, 2007, was based on Dr. Al Salihi’s guilty plea in a State criminal action charging him with fourth degree falsification of patient records. Pursuant to this Consent Order, Dr. Al-Salihi license to practice medicine was suspended for one year with the entirety of the suspension stayed; he was required to successfully complete an ethics and record keeping course; and pay penalties and costs. Dr. Al Salihi was granted an unrestricted license on February 24, 2009. On March 24, 2010, Dr. Al Salihi appeared before a Committee of the Board with counsel to discuss the sanitary conditions in his office and his treatment of C.E.N. Dr. Al Salihi admitted that due to the volume of patients, his office became messy and cluttered, the office floors had been stained, that he had expired medications in his office which had been given to him by patients for disposal, and that there had been exposed wires in his waiting room. He maintained that during March 2010, he took steps to clean up the office, including cleaning, painting the office and regularly checking the bathroom. Dr. Al Salihi further testified that on April 21, 2009, he treated C.E.N. who complained of abdominal pain; performed a full examination of C.E.N.; and wrote two prescriptions for Levsin and Mylanta II; but denied writing a third prescription for C.E.N. for Ultram. Upon being shown a third prescription for C.E.N. on his prescription pad, Dr. Al Salihi testified that he wrote the third prescription for C.E.N.’s husband M.E.N., who he claimed was his good friend. Dr. Al Salihi further testified that the prescription was for the husband’s bad toothache and that he inadvertently wrote the prescription for patient C.E.N. Patient C.E.N. listed her husband’s name as Raj with a home address in Jersey City. Dr. Al Salihi produced a patient chart for M.E.N, with the male patient first name listed as Magdy with a home address in Bayonne. However, patient C.E.N. was an investigator of the Division of Consumer Affairs who visited Dr. Al Salihi’s office in a covert capacity and who did not request medication for anyone other than herself. On December 9, 2010, the Attorney General filed an Administrative Complaint alleging various violations of the rules and regulations governing the practice of medicine in the State of New Jersey. Prior to filing his Answer, Dr. Al Salihi agreed to resolve this matter by entry of this Consent Order. The Board found after reviewing the entire record that Dr. Al Salihi had failed to maintain his office in a safe and sanitary condition; submitted a falsified medical record for patient M.E.N.; and testified dishonestly before a Committee of the Board regarding writing a prescription in the name of one patient intended for another patient. These facts established a basis for disciplinary action in that Dr. Al Salihi engaged in the employment of dishonesty, fraud, deception, misrepresentation, false promise or false pretense and professional misconduct. The Board ordered and Dr. Al Salihi agreed to be reprimanded for failing to maintain his office in a safe and sanitary condition; for falsifying a medical record by including a progress note indicating an examination when an examination had not been performed; and for testifying dishonestly before a Committee of the Board. Dr. Al Salihi’s license will be suspended for two years upon entry of this Order, and six months will be active, with Dr. Al Salihi ceasing and desisting in the practice of medicine on May 1, 2011. The remaining eighteen months will be stayed and served as probation, with no credit granted toward the active period of suspension required prior to an application for reinstatement for any period during which he is practicing any type of medicine and/or surgery in any other jurisdiction or country. Dr. Al Salihi during the active part of his suspension must successfully complete pre-approved courses by the Board on ethics and infection control and he is to pay costs in the amount of $7,000.00 and a penalty in the amount of $5,000.00. Prior to the reinstatement of his license, Dr. Al Salihi must appear before a Committee of the Board if requested by the board and submit documentation demonstrating that he has complied with each term of this Order. EFFECTIVE DATE: MAY 1, 2011.

CARR, Joel R., D.O. pdf
License #MB082229
Lumberton, New Jersey 08048
Philadelphia College of Osteo Med., 1996
Application

INTERIM CONSENT ORDER OF TEMPORARY SUSPENSION filed March 2, 2011. This matter was opened to the Board upon receipt of information that Dr. Carr was arrested by the Lumberton Police Department on February 14, 2011, and charged with aggravated assault with a weapon, threatening to kill, and unlawful possession of a Weapon for an Unlawful Purpose. Each of these allegations, if proven, would form a basis for the suspension or revocation of Dr. Carr's license to practice medicine and surgery in New Jersey. Dr. Carr, without any admission of wrongdoing, sought leave to temporarily surrender his license to practice medicine and surgery in New Jersey. The Board ordered and Dr. Carr agreed to the temporary suspension of his license effective immediately and pending further Order of the Board. Dr. Carr must immediately return his original New Jersey License, current biennial registration, and CDS registration to the Board office, immediately cease and desist from prescribing or dispensing medications, and immediately cease and desist from the practice of medicine in New Jersey. EFFECTIVE DATE: March 2, 2011.

DREW, Kevin W., A.T. pdf
License #MT 001633
W. Long Branch, NJ 07764
SUNY, 2007

CONSENT ORDER OF REPRIMAND filed March 11, 2011. This matter was opened to the Board upon receipt of an application for a license to engage in the practice of athletic training in New Jersey by Mr. Drew. Mr. Drew’s license to practice athletic training was issued on October 18, 2010. The application revealed Mr. Drew practiced athletic training without a license. The Board ordered and Mr. Drew agreed to be reprimand for engaging in the unlicensed practice while serving as an assistant athletic trainer for Monmouth University from August 2008 through September 20, 2010. Mr. Drew also contemporaneously with the filing of this Order paid a penalty in the amount of $750.00 for violating the Athletic Training Practice Act. EFFECTIVE DATE: March 11, 2011.

ERRICO, Thomas J., M.D. pdf
License #MA057161
Millburn, NJ 07041
UMDNJ, 1978
National Boards

CONSENT ORDER OF REPRIMAND filed March 23, 2011. This matter was opened to the Board based on allegations Dr. Errico failed to disclose on his New Jersey License Renewal applications for 2007 and 2009 his financial interest in entities relevant to a medical device know as PRODISC. He also allegedly failed to disclose his financial interest in PRODISC to the New York University Medical Center and Hospital for Joint Disease (“NYU”) on the application for new protocol for permission to conduct and serve as the Primary Investigator for the PRODISC Clinical Trial at NYU and on the Request for Continuation of the PRODISC Clinical Trial. Dr. Errico appeared and testified before the Preliminary Evaluation Committee (“PEC”) of the Board on December 16, 2009, with his attorneys. Dr. Errico acknowledged during his appearance that he had financial investments in PRODISC and that he did not disclose those financial interests to the New Jersey Medical Board in his 2007 and 2009 renewal applications; that he did not disclose his financial interest in the subject of the Clinical Trial at NYU; and that he unintentionally, incorrectly answered “no” to questions on the NYU submissions inquiring as to whether he or any investigator in the study had any financial interest in the sponsor or other entity related to the Clinical Trial. Dr. Errico being desirous of resolving this matter without formal proceedings, and neither admitting nor denying the allegations, consented and agreed to each and every term of this Consent Order. The Board ordered and Dr. Errico agreed to be formally reprimanded for failing to disclose his financial interests as required on his New Jersey License Renewal applications and on the NYU submissions in 2001 and 2003. Dr. Errico must successfully complete a Board approved course in Ethics within nine months of the file date of this Consent Order. Dr. Errico is to pay a penalty in the amount of $60,000.00 and costs in the amount of $17,500.00. EFFECTIVE DATE: March 23, 2011.

FINESMITH, Ross B. M.D. pdf
License #MA058190
Basking Ridge, NJ 07920
Chicago Medical School, 1991
National Boards

ORDER OF REVOCATION filed March 10, 2011. This matter was opened to the Board upon receipt of information that on July 14, 2005, Dr. Finesmith was indicted in the Superior Court of New Jersey for knowingly offering through any means including the internet, a photograph, computer program or file or any other reproduction or reconstruction which depicts a child engaging in a prohibited sexual act or in the simulation of such an act and knowingly possessing or knowingly viewing a photograph, computer program or file which depicts a child engaging in a prohibited sexual act or in the simulation of such an act including on the internet and also contained on various computer media. An Interim Consent Order of Voluntary Surrender was entered on or about March 27, 2006, pursuant to which Dr. Finesmith agreed to surrender his license to practice medicine and surgery in New Jersey with leave to apply for reinstatement of his license upon the resolution of the pending criminal charges. On September 30, 2010, Dr. Finesmith pled guilty to one count of Endangering the Welfare of a Child (Possession of Child Pornography). Dr. Finesmith entered a plea agreement to permanently forfeit his medical licenses in New Jersey and New York and not to seek or obtain a license to practice medicine in any jurisdiction at any time in the future. The Board found Dr. Finesmith’s criminal conviction constituted grounds to take disciplinary actions against a licensee who has engaged in professional or occupational misconduct; who has been convicted of any crime or offense involving moral turpitude or relating adversely to the activity regulated by the Board; and that a licensee of the Board has an ongoing duty to demonstrate good moral character. The Board ordered the license of Dr. Finesmith revoked. Dr. Finesmith will be permanently barred from re-application for licensure by this Board. EFFECTIVE DATE: March 10, 2011.

GANTI, Shashi Dhar, M.D. pdf
License #MA059944
Wayne, NJ 07470-6251
Andhra Med College, 1979
FLEX Endorsement

ORDER GRANTING UNRESTRICTED LICENSURE filed March 25, 2011. Dr. Ganti appeared with counsel before the Preliminary Evaluation Committee on February 16, 2011 and testified regarding his compliance with a June 2, 2005 Consent Order. Dr. Ganti voluntarily consented to serve an active suspension to run concurrent with his California probation period. The Board recognized that Dr. Ganti has fully complied with all the terms of the June 2, 2005 Consent Order. The Board ordered Dr. Ganti an unrestricted license to practice medicine and surgery in New Jersey. EFFECTIVE DATE: March 25, 2011.

GEVERS, Martin M., pdf
License # Unlicensed
Burlington, NJ 08016
California State University, 1985

OFFER OF SETTLEMENT IN LIEU OF FORMAL ACTION filed March 31, 2011. The New Jersey State Board of Medical Examiners (“the Board”) and the New Jersey State Board of Psychological Examiners (“Psychology Board”) received information alleging Mr. Gevers engaged in the unlicensed practice of medicine and psychology. More specifically, during Mr. Gevers’ employment with Moorestown Visiting Nurses Association which began on or about October 22, 2007, Mr. Gevers misrepresented himself as a doctor of osteopathy, a psychiatrist and a licensed clinical psychologist. Furthermore, as part of his employment application, Mr. Gevers presented an altered license to his employer. The Medical and Psychology Boards offered Mr. Gevers an opportunity to settle this matter by agreeing and signing this “Acknowledgment and Agreement.” Mr. Gevers agreed not to engage in the unlicensed practice of medicine and psychology in New Jersey; to immediately cease and desist from practicing medicine or otherwise holding himself out as a doctor of osteopathic medicine, as a psychiatrist and as a psychologist in New Jersey; agreed to pay a civil penalty in the amount of $5,000.00, which will be stayed for five years and if no further violations are found during the stayed period, the entire stayed penalty will be completely rescinded; and Mr. Gevers agreed that should he make an application for licensure with either Board, he will appear before the Board to discuss his activities prior to licensure. EFFECTIVE DATE: March 31, 2011.

LAFON, Michael C., M.D. pdf
License # MA045359
Haddonfield, NJ 08033
Univ. of Miami Sch. of Med., 1983
National Boards

ORDER REINSTATING LICENSE WITH CONDITIONS filed MARCH 10, 2011.
This matter was reopened before the Board upon receipt of a petition from Dr. Lafon seeking reinstatement of his license to practice medicine and surgery in New Jersey. The Board reviewed and carefully considered available information, including the extensive history of this matter; testimony offered by Dr. Lafon when he appeared before a Committees of the Board; confidential reports submitted to the Board by mental health care practitioners and by the Professional Assistant Program of New Jersey (“PAP”); and a comprehensive skills assessment report. Based thereon, the Board concluded cause existed to grant Dr. Lafon’s petition for reinstatement of his license to practice medicine in New Jersey, subject to express conditions and limitations. Dr. Lafon must continue to participate in the PAP; remain in therapy with his treating psychiatrist; continue to attend regular meetings of the support group Sex and Love Anonymous("SLA"); not engage in any independent medical practice; practice only in a Board approved setting with a Board approved monitor. Finally, Dr. Lafon is barred from treating any female patients and all male patients treated must be accompanied by a Board approved chaperone. EFFECTIVE DATE: March 10, 2011.

LEE, Augustine S., M.D. pdf
License #MA035694
Trenton, New Jersey 08618
Catholic Medical College, 1967
Examination

INTERIM CONSENT ORDER filed March 9, 2011. This matter was opened to the Board upon receipt of information that between September 2010 and January 2011, Dr. Lee sold prescriptions for Oxycodone and Percocet for cash absent a patient doctor relationship; sold prescriptions for Oxycodone and Percocet to Trenton Police and Drug Enforcement Agency investigators acting in an undercover capacity; and according to records obtained that he prescribed 39,730 Percocet tablets in 2010. Dr. Lee sought leave to voluntary surrender his license to practice medicine and surgery in New Jersey on the condition that the voluntary surrender would be deemed a temporary suspension of his license. The Board ordered and Dr. Lee agreed to immediately surrender his license to practice medicine and surgery in New Jersey to be deemed a temporary suspension of his license pending disposition of the criminal charges and until further order of the Board. Dr. Lee must return his original New Jersey license, current biennial registration, CDS registration to the Board and notify the DEA of this Order. EFFECTIVE DATE: March 9, 2011.

MOTISI, David, A.T. pdf
License #MT001636
West Long Branch, NJ 07764
Quinnipiac Univ, 2008

CONSENT ORDER OF REPRIMAND filed March 11, 2011. This matter was opened to the Board upon receipt of an application for a license to engage in the practice of athletic training in New Jersey. Mr. Motisi’s license to practice athletic training was issued on October 27, 2010. The application revealed Mr. Motisi practiced athletic training while serving as an assistant athletic trainer for Monmouth University from January 2009 through September 20, 2010, without a license. The Board ordered and Mr. Motisi agreed to be reprimanded for engaging in the unlicensed practice of athletic training. Mr. Motisi contemporaneously with the filing of this Order paid a penalty in the amount of $500.00. EFFECTIVE DATE: March 11, 2011.

PADRON, Douglas, A.T. pdf
License #MT001637
Point Pleasant Beach, NJ 08742
Townson Univ, 1997

CONSENT ORDER OF SUSPENSION AND PROBATION filed March 11, 2011. This matter was opened to the Board upon receipt of information that Mr. Padron was engaging in the practice of athletic training as head athletic trainer at Monmouth University without obtaining a license. Mr. Padron appeared at an investigative inquiry on October 25, 2010, accompanied by his attorney. Mr. Padron’s testimony confirmed that he has been employed at Monmouth University since September 2002 as the Head Athletic Trainer and as Head Athletic Trainer his duties include the hiring of the athletic training staff and establishing procedures for conducting athletic training for the 20 athletic sports that are played by student athletes at the University. Mr. Padron testified that he hired six staff members to engage in the practice of athletic training and these individuals included three licensed athletic trainers and three unlicensed individuals and that he and the three unlicensed individuals ceased engaging in the practice of athletic training around September 20, 2010, upon receipt of notification to the University from the Board that they were unlicensed. Upon review of all available information, it was determined that Mr. Padron had been practicing athletic training from September 2002 until September 2010, without obtaining licensure. Additionally, it appeared Mr. Padron hired unlicensed individuals who practiced athletic training under his supervision for several years, and this constituted professional misconduct; the aiding and abetting of unlicensed practice if he had been licensed, and in view of the fact that he served as head athletic trainer in which capacity he was responsible for the proper credentialing of the entire athletic training staff. The Board ordered and Mr. Padron agreed that his license to practice athletic training that was issued on October 28, 2010, would be suspended for one year with the entirety of the suspension stayed and served as probation beginning upon entry of this Order. Mr. Padron was reprimanded for the unlicensed practice of athletic training and contemporaneously with the filing of this Order paid a penalty in the amount of $2,000.00. EFFECTIVE DATE: March 11, 2011.

RACKETT, Colleen, A.T. pdf
License #MT001634
Lake Como, NJ 07719
Rowan Univ., 2009

CONSENT ORDER OF REPRIMAND filed March 11, 2011. This matter was opened to the Board upon receipt of an application for a license to engage in the practice of athletic training in New Jersey. Ms. Rackett’s license to practice athletic training was issued on October 18, 2010. The application revealed Ms. Rackett practiced athletic training while serving as an assistant athletic trainer for Monmouth University from August 2009 through September 20, 2010, without a license. The Board ordered and Ms. Rackett agreed to be reprimanded for engaging in the unlicensed practice of athletic training. Ms. Racket contemporaneously with the filing of this Order paid a penalty in the amount of $500.00 for violating the Athletic Training Practice Act. EFFECTIVE DATE: March 11, 2011.

TAURO, Victor, M.D. pdf
License #MA046393
Lanoka Harbor, NJ 08734-2834
St. Georges University, 1981
FLEX Endorsement

CONSENT ORDER OF PROBATION WITH CONDITIONS filed March 25, 2011. This matter was opened to the Board upon receipt of a patient complaint alleging indiscriminate prescribing of controlled dangerous substances. As part of the investigation, Dr. Tauro was directed to appear and testify before a Preliminary Evaluation Committee (“PEC”) of the Board on February 17, 2010, regarding his care, treatment, and prescribing practices for six patients. From Dr. Tauro’s testimony and review of the six patient records, the Board found Dr. Tauro failed to formulate and follow a treatment plan to manage his prescribing of Controlled Dangerous Substances and his patients’ medical conditions, including diabetes, generalized anxiety disorder and depression. These findings combined with poor record-keeping practices caused the Board to have serious concerns about Dr. Tauro’s overall ability to practice medicine, specifically his overall medical competence, his prescribing of medications, and his record-keeping abilities. The Board ordered and Dr. Tauro agreed to his license to practice medicine and surgery in New Jersey be suspended for two years, said suspension to be stayed and served as probation conditioned upon Dr. Tauro’s compliance with the provisions enumerated his Order. Dr. Tauro must promptly undergo a full evaluation and assessment at the Upstate NY Clinical Competency Center-Albany Medical College(“Albany”) and fully comply with all of the requirements of the evaluation and assessment as well as any recommendations made by Albany following the evaluation and assessment. Until Dr. Tauro’s evaluation and assessment by Albany is complete and received by the Board, a Board approved monitor must review five of Dr. Tauro’s patient records per month. Dr. Tauro is to attend and successfully complete a Board approved medical record keeping course within six months of the date of entry of this Order. EFFECTIVE DATE: March 25, 2011.

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THE NEW JERSEY STATE
BOARD OF MEDICAL EXAMINERS

William V. Roeder
WVR/jj Executive Director


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