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MARCH 2012
"BOARD ACTIONS SUMMARY"

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

ARGUETA, Alvaro R., M.D.pdf
License #MA035962
Princeton, NJ 08540
University of San Carlos, 1966
Flex Exam

CONSENT ORDER OF VOLUNTARY RETIREMENT filed March 22, 2012. This matter was opened to the New Jersey State Board of Medical Examiners ("Board") upon receipt of information from the Mercer County Prosecutor's Office that Alvaro R. Argueta, MD ("Respondent") had been charged with criminal sexual contact following allegations by a twenty-five year old patient. During the criminal trial, Respondent admitted he touched and kissed the patient's stomach while rendering medical treatment; and pled guilty to Harassment, contrary to NJSA 2C:33-4. The parties being desirous of resolving this matter without further formal proceedings, and the Board finding the within disposition to be adequately protective of the public health, safety, and welfare, IT IS ORDERED that Respondent: (1)is hereby granted leave and shall immediately permanently retire his license to practice medicine and surgery in New Jersey, to be deemed a REVOCATION; (2) shall return his original New Jersey license and current biennial registration to the Board; (3) shall return his original CDS registration to the Board; (4) shall immediately advise the DEA of this Order; and (5) shall comply with the Directives Applicable to any Medical Board Licensee who is Disciplined or whose Surrender of Licensure has been Accepted." EFFECTIVE DATE: March 22, 2012.

ESPOSITO, Vincent A, M.D. pdf
License #MA058297
Madison, NJ 07940-2335
American University of Caribbean, 1986
FLEX Exam

INTERIM CONSENT ORDER filed March 8, 2012. This matter was opened by the New Jersey State Board of Medical Examiners ("Board") upon receipt of information that on February 6, 2012, Vincent A. Esposito, MD was arrested for repeatedly prescribing CDS, including highly addictive narcotics, for individuals without legitimate medical need and/or without performing any medical examination, in exchange for payments typically in the amount of $90, in violation of NJSA 2C:35-5B(4) and 2C:5-2(a)(1). Dr. Esposito confessed to engaging in this prescribing conduct. The parties, being desirous of resolving this matter without the necessity of further proceedings, agreed, and it was ORDERED that Dr. Esposito shall: (1) immediately surrender his license to practice medicine and surgery in New Jersey, such surrender being deemed a temporary suspension of his New Jersey license, pending disposition of any criminal charges that may arise from the Morris County Prosecution and/or any other law enforcement agency's investigation of Dr. Espositio, and until further order of the Board; (2) cease/desist from the practice of medicine/surgery in New Jersey until such further order of the Board; (3) return his original New Jersey license and current biennial registration to the Board at P.O. Box 183, Trenton, NJ 08625-0183; (4) comply with directives disciplined physicians whose surrender of licensure has been accepted by the Board; (5) return original CDS registration previously suspended, on February 17, 2012, to the Board at PO Box 183, Trenton, NJ 08625-0183; and (6) immediately advise DEA of this Order. The entry of this Interim Consent Order is without prejudice to further action/investigation/restrictions upon reinstatement resulting from Dr. Esposito's conduct prior to the entry of this Order; the entry of this Order shall not be deemed an admission by Dr. Esposito of any of the criminal activity referenced herein and shall not constitute a waiver of any defenses he may assert with reference to the criminal charges. EFFECTIVE DATE: March 8, 2012.

LEVINSON, Roy M, M.D.pdf
License #MA047904
Willingboro, NJ 08046-1104
New York University School of Medicine, 1980
National Exam

CONSENT ORDER filed March 12, 2012. This matter was opened before the New Jersey State Board of Medical Examiners ("Board") upon the filing of an Administrative Complaint on April 19, 2011, against Roy M. Levinson, MD ("Dr. Levinson"), predicated upon information that Dr. Levinson struck a Lourdes' Specialty Hospital employee with his head numerous times in multiple sites about the head and back, conduct which constitutes grounds for discipline pursuant to NJSA 45:1-21(e). Dr. Levinson filed an Answer to the Administrative Complaint on/about June 1, 2011; and the Attorney General filed a Motion for Summary Decision on/about January 10, 2012. Dr. Levinson, desirous of resolving this matter without the necessity of further formal proceedings, and agreeing to waive any right to same, and the Board finding the within disposition adequately protects the public health, safety, and welfare, and for other good cause shown, the parties agree, and it is hereby ORDERED that Dr. Levinson: (1) is formally REPRIMANDED for having engaged in the conduct detailed above; (2) is assessed a civil penalty in the amount of $10,000, payable in full upon entry of this Order; (3) shall be assessed the costs of the State in this matter in the amount of $4,719.50; (4) The civil penalty and costs shall be due/owing no later than sixty (60) days from the entry of this Consent Order; submitted by certified check or money order made payable to the State of New Jersey and forwarded to William V. Roeder, Executive Director, New Jersey State Board of Medical Examiners, PO Box 183, Trenton, NJ 08625-0183; (5) shall continue to participate fully with the Professional Assistance Program of New Jersey ("PAP") for a minimum of one year from the date of entry of this Consent Order; and thereafter until such time as the PAP shall determine, in consultation with Dr. Levinson's treating psychiatrist/therapist, that no further treatment is necessary. [PAP shall provide the Board with written quarterly reports detailing the extent of Dr. Levinson's participation and compliance with all recommendations made by his treating psychiatrist/therapist and/or PAP]; (6) shall, at his own cost/expense, attend and successfully complete one Board-approved anger management course within six months of the date of entry of this Order; Dr. Levinson shall be responsible to ensure that the course provider submits written confirmation to the Board attesting to Dr. Levinson's attendance/successful completion of said course. "Successful completion" means Dr. Levinson has attended all sessions of the course and fully participated and received final evaluation of an unconditional pass; and (7) shall, at his own cost/expense, attend and successfully complete one Board-approved ethics course; Dr. Levinson shall be responsible to ensure that the course provider submits written confirmation to the Board attesting to Dr. Levinson's attendance/successful completion of said course. "Successful completion" means Dr. Levinson has attended all sessions of the course and fully participated and received final evaluation of an unconditional pass. Failure to comply with any provision of this Order or to remit all payments required by this Order will result in the filing of a Certificate of Debt and may result in subsequent disciplinary proceedings. EFFECTIVE DATE: March 12, 2012.

MARTINO, Rocco, M.D. pdf
License #MA074931
Berkeley Heights, NJ 07922
UMDNJ, 1999
Application

CONSENT ORDER OF REPRIMAND filed March 15, 2012. This matter was opened before the New Jersey State Board of Medical Examiners ("Board") receipt of information that on December 29, 2010, Rocco Martino, M.D. was arrested following a federal investigation into his possession of child pornography. On January 11, 2011, Dr. Martino entered into an Interim Consent Order which suspended his medical license pending the disposition of the criminal charges and further Order of the Board. On January 3, 2012, Dr. Martino pled guilty to a one count Information charging him with knowingly receiving and distributing child pornography. Dr. Martino pled guilty to receiving and distributing approximately 194 images and 27 videos containing child pornography by use of a computer and the internet from on or about November 22, 2010 through December 15, 2010. Under the terms of the plea agreement, Dr. Martino will be sentenced to between five and twenty years of incarceration followed by a term of supervised release of at least five years. Sentencing is anticipated to take place on April 10, 2012. As a result of Dr. Martino’s guilty plea, the Board found that he had engaged in professional misconduct; been convicted of acts constituting crimes or offenses involving moral turpitude and/or relating adversely to the practice of medicine; and has failed to demonstrate an ongoing duty of good moral character. The Board determined the within disposition is adequate and Dr. Martino was ordered and agreed surrender his license to practice medicine and surgery in the State of New Jersey, such surrender to be deemed a revocation of his license. The entry of this Order is without prejudice to further action, investigation or restrictions upon any reinstatement, by the Board, or other law enforcement entities resulting from Dr. Martino’s conduct prior to the entry of this Order. EFFECTIVE DATE: March 15, 2012.

MUSTAFA Kamil, M.D. pdf
License #MA024688
Tuckahoe, NY 10707
King Edward College/University of Punjab, 1945
Royal College of Surgeons, London, England, 1957
EXAMINATION

INTERIM CONSENT ORDER FILED March 19, 2012. This matter was opened to the New Jersey State Board of Medical Examiners ("Board") upon receipt of information that Kamil Mustafa, MD was arrested on February 9, 2012, at his practice, Bridgeview Medical Center, 454 Main Street, Fort Lee, NJ 07024, and charged with practicing without a medical license, contrary to NJSA 2C:21-20; conspiracy to distribute a controlled dangerous substance, contrary to NJSA 2C:5-2; and distribution of a controlled dangerous substance, contrary to NJSA 2C:35-5(a). Dr. Mustafa denies the allegations referenced herein, but is desirous of resolving this matter on an interim basis without formal proceedings, and it appearing that good cause exists for the entry of the within Order, the parties agree and it is ORDERED that: Dr. Mustafa's license to practice medicine in New Jersey is hereby voluntarily surrendered immediately, to be deemed a temporary suspension, pending final resolution of criminal charges against him and further order of the Board; Dr. Mustafa shall not hold himself out as a physician licensed to practice medicine in New Jersey; he shall forward his medical license and current biennial registration and CDS registration, and all New Jersey Prescription Blanks with his name thereon to the attention of William V. Roeder, Executive Director, New Jersey State Board of Medical Examiners, PO Box 183, Trenton, NJ 08625. Upon proof of final resolution of all pending criminal charges, Dr. Mustafa may petition the Board for relief from this Interim Consent Order. The entry of this Order is without prejudice to further action, investigation, or restrictions upon any reinstatement by this Board, the Attorney General, the Drug Control Unit, the Director of the Division of Consumer Affairs, or other law enforcement entities, resulting from Dr. Mustafa's conduct prior to the entry of this Order. EFFECTIVE DATE: March 19, 2012

PARIKH, Nikhil S., M.D. pdf
License #MA041657
Linwood, NJ 08821-2162
FLEX Exam

CONSENT ORDER OF REPRIMAND filed March 14, 2012. This matter was opened before the New Jersey State Board of Medical Examiners ("Board") based on receipt of a complaint alleging that Nikhil S. Parikh, M.D. failed to maintain patient records in compliance with Board regulations and the Health Insurance portability and Accountability Act of 1996 (“HIPAA”). On March 15, 2011, a neighbor of Dr. Parikh’s medical office reported seeing open and accessible boxes of medical records, not in a HIPAA bin as required, stacked next to a dumpster, outside Dr. Parikh’s office. The records were eventually picked up after a television news crew recorded the mismanagement of the documents. Dr. Parikh appeared before the Preliminary Evaluation Committee on June 22, 2011. He acknowledged that his staff had improperly handled disposal of the medical records and took responsibility for the document mismanagement. The Board found that Dr. Parikh’s failure to maintain the confidentiality of his patients’ treatment records constituted professional misconduct. The parties being desirous of resolving this matter without formal disciplinary proceedings, ordered that Dr. Parikh’s receive a formal reprimand for failing to maintain the confidentiality of professional treatment records. The Board finding the Order adequately protects the public health, safety, and welfare, the parties agreed and Dr. Parikh was ordered to: 1) attend and successfully complete within one year of the date of entry of the Order a continuing education course, acceptable to the Board, on the preserving of confidentiality of patient records in compliance with HIPAA. Dr. Parikh is responsible to ensure that the course provider submits written confirmation to the Board that he attended and successfully completed the course; and 2) Dr. Parikh must ensure that his staff members comply with all pertinent regulations protecting the confidentiality of patient health information. Dr. Parikh’s entry into this Order does not resolve the issues surrounding his failure to obtain, in a timely manner, the requisite continuing medical education (“CME”) credits within the 2009-2011 compliance period. Dr. Parikh’s entry into this Order is without prejudice to further action by the Board concerning such failure to obtain CME credits. EFFECTIVE DATE: March 14, 2012.

PAUL, Ernst Jean, Jr., MD pdf
License #MA068953
Mount Vernon, NY 10552-1501
New York Medical College, 1992
National Exam

ORDER REINSTATING LICENSURE filed March 6, 2012. This matter was reopened before the New Jersey State Board of Medical Examiners ("Board") upon receipt of a petition from Ernst J. Paul, Jr., MD seeking reinstatement of his license to practice medicine and surgery in New Jersey. Dr. Paul's license to practice in New Jersey was suspended upon the Board's entry of a Final Order of Discipline filed June 2, 2009 (the "June 2, 2009 Final Order"), based on disciplinary action taken by the State of New York on June 7, 2007, suspending Dr. Paul's license for a period of thirty-six (36) months; the New York suspension was stayed in its entirety and served as probation with conditions and limitations placed on Dr. Paul's practice, including that he submit to a practice assessment; that his practice be either supervised or monitored; and that he be required to take both a medical record-keeping course and an intensive emergency room medicine review course. The June 2, 2009 Final Order provided that respondent's license in New Jersey would remain suspended until such time as his New York license was fully reinstated without restrictions, conditions, or limitations. Dr. Paul appeared and testified before a Committee of the Board on January 19, 2011, and demonstrated that he has successfully completed all terms of probation in New York; that he is fit and qualified to resume the practice of medicine in New Jersey; and that no need presently exists for the imposition of any conditions or limitations upon his practice. The Board is satisfied that Dr. Paul has made all demonstrations required by the June 2, 2009 Final Order and ORDERED that Dr. Paul's license to practice medicine and surgery in New Jersey is unconditionally reinstated. EFFECTIVE DATE: March 6, 2012.

RUBIN, Warren A, DPM pdf
License #MD000964
Cherry Hill, NJ 08003-3012
Ohio College of Podiatric Medicine, 1973
National Exam

CONSENT ORDER OF LICENSE RETIREMENT filed March 21, 2012. This matter was opened to the New Jersey State Board of Medical Examiners ("Board") upon receipt of information that Warren Rubin, DPM had improperly prepared and completed medical disability/WORKFARE forms and maintained unprofessional and unsanitary conditions in his podiatric practice. Dr. Rubin, through counsel, reached an interim resolution of the Board's investigation and concerns about patient safety by entering into an Interim Consent Order filed on January 30, 2012. In lieu of continued compliance with all terms of the January 30, 2012 Consent Order, Dr. Rubin requested permission to surrender and permanently retire his license to practice podiatric medicine due to a serious medical ailment; and the Board finding the within disposition adequately protects the public health, safety, and welfare, the parties agreed and it is ORDERED that Dr. Rubin shall: (1) permanently cease and desist from the practice of podiatry on or before February 17, 2012; (2) effective February 17, 2012, permanently surrender, thereby retiring, his New Jersey license to practice podiatric medicine and surgery and may not seek to reinstate it at any point; (3) inform his patients, in writing on his office door, by notice in the newspaper, and by telephonic message at his office phone, how they may acquire their records, which he must maintain in accordance with Board regulation and directives; (4) properly dispose of all human tissue and surgical waste remaining in his office by February 17, 2012; (5) return his current biennial registration to the Board at PO Box 183, Trenton, NJ 08625-0182, by February 17, 2012; (6) EFFECTIVE IMMEDIATELY, shall not issue another CDS prescription and shall return his original CDS and DEA registrations to the Board at PO Box 183, Trenton, NJ 08625-0183; (7) advise the DEA of this Order and provide proof of such notice to the Board by February 17, 2012; (8) immediately notify all nursing homes and apartment complexes where he treats patients that he will no longer see patients as of February 10, 2012; and (9) not schedule any patients for appointments. EFFECTIVE, in part, on February 10, 2012; and in part, on February 17, 2012.


THE NEW JERSEY STATE
BOARD OF MEDICAL EXAMINERS

William V. Roeder
Executive Director


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