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May 2009
"BOARD ACTIONS SUMMARY"

The New Jersey State Board of Medical Examiners (the "Board") has taken the following actions in May 2009. 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.

DEFRANK, Salvatore, D.P.M.
License #MD001445
Bridgeton, NJ 08302-9808
Ohio Coll of Podiatric Med, 1982
National Boards

FINAL ORDER OF DISCIPLINE filed May 14, 2009. This matter was opened to the Board upon receipt of information which the Board has reviewed. Dr. DeFrank was licensed to practice medicine and surgery in New Jersey from July 2, 1984 through October 31, 1989, when his license lapsed, resulting in the automatic suspension of his license to practice medicine and surgery in New Jersey. On or about February 28, 2005, the Texas Board entered into an Agreed Order with Dr. DeFrank which provided for the revocation of his Texas License. The Agreed Order stated Dr. DeFrank prescribed medications that were for non-podiatric medical care; that he failed to perform due diligence to prevent drug diversion; and that he practiced podiatry below the standard of care. Thereafter, on or about July 18, 2008, Dr. DeFrank pled guilty in connection with a superseding indictment filed on April 4, 2007 and on information filed on July 10, 2007, conspiracy to distribute a controlled substance. Dr. DeFrank was sentenced for each criminal conviction to forty-one months in prison to run concurrently. The disciplinary action taken by the Texas Board provided grounds for the New Jersey Board to take disciplinary action against Dr. DeFrank’s license in that, his Texas license had been revoked and because of his criminal conviction. Based on the foregoing findings and conclusions, a Provisional Order of Discipline (“POD”) was entered by the Board on January 16, 2009, and served upon Dr. DeFrank. Dr. DeFrank submitted a response dated February 6, 2009, and the prosecuting Deputy Attorney General responded by letter dated March 17, 2009. Dr. DeFrank’s submission was reviewed by the Board, and the Board determined that further proceedings were not necessary and that no material discrepancies had been raised. The New Jersey Board ordered Dr. DeFrank’s license to practice medicine and surgery in New Jersey suspended until such time as his license to practice podiatric medicine in Texas has been fully reinstated with no restrictions, conditions or probation. Prior to resuming active practice in New Jersey, Dr. DeFrank will be required to appear before the Board to demonstrate that he is fit to practice medicine and that he holds an active unrestricted license to practice in Texas. EFFECTIVE DATE: May 14, 2009.

FODERO, Joseph P., M.D.
License #MA069380
Livingston, NJ 07039-2610
Yale Univ Sch of Med, 1993
National Boards

CONSENT ORDER filed May 13, 2009. This matter was opened to the Board upon notice from the Food and Drug Administration that it had undertaken an investigation of Dr. Fodero, relating to his use of an unapproved drug in the treatment of his patients. It became known that Dr. Fodero purchased and administered to three of his patients a Botulinum Toxin which was not approved for human use. There are no reports that any of the patients suffered any harm. Dr. Fodero cooperated in the Board’s investigation by acknowledging his use of the unapproved drug on his patients and provided corroborative information. Dr. Fodero maintained that the patients were advised of the experimental nature of the product, agreed to its administration and they were not charged. Although the Board viewed Dr. Fodero’s cooperation in the investigation as mitigating information, nonetheless, the Board found that the doctor engaged in both professional misconduct and gross negligence. The Board ordered and Dr. Fodero agreed to be reprimanded. Dr. Fodero must enroll in and successfully complete a Board-approved medical ethics course and successfully complete eight continuing medical education credits, in addition to the regulatory requirements. He also must pay a penalty in the amount of $5,000.00 and costs in the amount of $444.32. EFFECTIVE DATE: May 13, 2009.

GOMEZ, Roy C., M.D.
License #MA035560
Richlands, VA 24641
Trivandrum Med Coll, 1972
FLEX Endorsement

CONSENT ORDER OF SUSPENSION OF LICENSURE filed May 18, 2009. This matter was opened to the Board upon receipt of information that on or about December 4, 2008, the Virginia Board entered into a Consent Order with Dr. Gomez, at which time his license was indefinitely suspended. More specifically, the Consent Order provided that Dr. Gomez violated Virginia laws, in that, on two occasions on the evening of September 9, 2008, at his home, Dr. Gomez engaged in sexual contact with Patient A concurrent with and by virtue of the practitioner-patient relationship and/or otherwise engaged during the course of the practitioner-patient relationship in conduct of a sexual nature that was lewd and offensive. As a result, the New Jersey Board determined that the disciplinary action taken by the Virginia Board provided a basis for disciplinary action against Dr. Gomez’s New Jersey license. Dr. Gomez’s New Jersey license lapsed on June 30, 1993, which resulted in the automatic suspension of his license to practice medicine and surgery in New Jersey. The Board ordered and Dr. Gomez agreed to the suspension of his license until such time he holds an active, unrestricted license to practice medicine in Virginia. In the event Dr. Gomez seeks reinstatement of his New Jersey license at any time in the future, then he will be required to appear before a Committee of the Board and establish that he is fit to practice medicine in New Jersey; demonstrate to the Board’s satisfaction that he holds an active, unrestricted license in Virginia; and to provide information concerning any criminal charges and/or convictions related to the acts giving rise to the Virginia disciplinary action. EFFECTIVE DATE: May 18, 2009.

HOLDER, William B., M.D.
License #MA049140
Newark, New Jersey 07106
Rutgers Medical School, 1981
National Boards

CONSENT ORDER FILED: May 19, 2009. This matter was opened by the Board after reviewing Dr. Holder’s testimony before the Board’s Preliminary Evaluation Committee(“PEC”) on March 18, 2009. The Board determined that the within disposition is adequate to protect the public health, safety and welfare at this time. The Board determined that, and Dr. Holder agreed, he has satisfactorily complied with the terms of the January 25, 2006 Consent Order. The Board found Dr. Holder had paid $8,000.00 of the $10,206.66 in costs and penalties imposed in the January 25, 2006 Order, and based upon a showing of good cause the Board has waived payment of the remaining balance and interest due. This Order shall be a full, complete and final resolution of the allegations of the January 25, 2006 Order. EFFECTIVE DATE: May 19, 2009

JECK, Charles N., D.O.
License #MB053808
Phillipsburg, NJ 08865
Phila College Of Osteopathic Med, 1985
National Boards

ORDER OF REINSTATEMENT filed May 1, 2009. This matter was opened to the Board upon receipt of Dr. Jeck's application for reinstatement of his license to practice medicine in New Jersey. On or about May 8, 2002, Dr. Jeck pled guilty to one count of second degree dispensing Oxicodone without medical necessity to two patients. By way of Consent Order filed May 5, 2003, Dr. Jeck agreed to a revocation of his license with no right to petition for reinstatement until May 2007. On April 23, 2008, Dr. Jeck appeared and testified before a Committee of the Board in support of his petition for reinstatement. Dr. Jeck voluntarily enrolled in the ProBE ethics program prior to seeking reinstatement of his medical license, and was unable to successfully complete the program due to an unexpected and emergent medical condition resulting in surgery during the last week of the program. However, Dr. Jeck testified that participation in the program was helpful and that it underscored his understanding that having personal relationships with patients is unethical. At the request of the Board, Dr. Jeck enrolled in and successfully completed the PRIME ethics course in August 2008, and was granted continuing education credit. The Committee questioned Dr. Jeck extensively regarding his current knowledge of the practice of medicine. Dr. Jeck acknowledged he has been out of medical practice since May 2002, but explained that he has kept current with the medical field through reading journal articles, taking continuing education courses, the internet and his work as an adjunct professor. At the Board's request Dr. Jeck enrolled in and successfully completed the Maintenance of Certification Preparation Course and completed a review course in the Elements of Family Practice. Dr. Jeck has complied fully with the 2003 Consent Order of Revocation, including payment of all fines. Dr. Jeck being desirous of resolving this matter without the necessity of further formal proceedings, and agreeing to waive any right of same and the Board determining that this Order is sufficiently protective of the public health, safety and welfare and all parties agreeing to the terms of this Order, the Board ordered, and Dr. Jeck agreed to, successful completion of all application requirements including a criminal history background check for any actions not mentioned in this Order and payment of all reinstatement fees. After Dr. Jeck has complied with all the requirements for his application to the satisfaction of the Board, his license to practice medicine will be reinstated subject to conditions. Dr. Jeck can only work in an office setting under the direct supervision of a physician pre-approved by the Board; he can not engage in home care; he can not prescribe any Schedule I or II Controlled Dangerous Substance(CDS); he must use serialized prescription blanks manufactured in triplicate for all prescriptions and he can not provide electronic or telephonic prescriptions; he is to provide copies of prescription blanks to his supervising physician; every three months the supervising physician must provide the Board with a written report detailing Dr. Jeck's practice of medicine along with copies of each prescription written by Dr. Jeck; and he is to have a chaperone present whenever he sees or examines a female patient for any reason. The terms of this Order will remain in effect for a minimum of two years, and in the event Dr. Jeck seeks to amend the terms of this Order at any time in the future, he will be required to appear before a Committee of the Board. EFFECTIVE DATE: April 10, 2009.

LESSLER, Paul A., M.D.
License #MA043385
Corona Del Mar, CA 92625-1325
SUNY, Buffalo Sch of Med, 1983
National Boards

CONSENT ORDER OF VOLUNTARY SURRENDER OF LICENSURE, DEEMED A REVOCATION filed May 18, 2009. This matter was opened to the Board upon receipt of information that on or about August 14, 2008, the California Board entered a Decision adopting a Stipulated Surrender of License and Order executed by Dr. Lessler on July 8, 2008, at which time he surrendered his Physician’s and Surgeon’s Certificate. Dr. Lessler admitted to the truth of the allegations set forth in the Accusations, as amended, and which alleged he violated California laws in that he: was convicted of a crime substantially related to the qualifications, functions or duties of a physician and surgeon in that on or about May 24, 2007, he pled guilty to Conspiracy, Health Care Fraud, and Aiding and Abetting Health Care Fraud; engaged in acts of insurance fraud; engaged in acts of dishonesty or corruption; and engaged in acts of general unprofessional conduct. Thereafter, on or about January 23, 2009, the Missouri Board revoked Dr. Lessler’s physicians’s license based upon this criminal conviction. The New Jersey Board determined that the California and Missouri disciplinary actions, as well as his guilty plea, provided a basis for disciplinary action against his New Jersey license. Dr. Lessler sought leave to voluntarily surrender his license to practice medicine in New Jersey in accordance with the terms of this Order. The Board ordered and Dr. Lessler agreed to immediately surrender his license to practice medicine and surgery in New Jersey to be deemed a revocation of license with prejudice to reinstatement. EFFECTIVE DATE: May 13, 2009.

LOSMAN, Jacques, M.D.
License #MA044962
South Orange, NJ 07079-1132
University of Brussels, 1968
FLEX Endorsement

ORDER ADOPTING FINDINGS OF FACT AND CONCLUSIONS OF LAW WITHIN INITIAL DECISION AND MODIFYING PENALTY filed May 28, 2009. This matter was returned to the Board following the entry of an Initial Decision by Administrate Law Judge (ALJ) McGill on March 16, 2009. Within his decision, ALJ McGill concluded Dr. Losman engaged in gross malpractice when performing surgical procedures on two patients, B.L. and L.N. In the B.L. case, ALJ McGill found Dr. Losman engaged in gross malpractice when he stapled B.L.’s main artery shut during the course of a pneumonectomy, causing the blood flow to B.L.’s heart and lungs to be interrupted and resulting in her nearly immediate death. In L.N.’s case, ALJ McGill concluded that Dr. Losman engaged in gross malpractice when he performed wrong-sided surgery, by inserting a chest tube on L.N.’s right side when the tube should have been inserted on the left side. ALJ McGill recommended that the Board enter an Order restricting Dr. Losman’s practice for a period of three years, by precluding him from performing any surgery during that period “other than the type that he is presently doing at the hospital.” ALJ McGill also recommended the Board impose a civil penalty in the amount of $20,000 and costs in the amount of $39,071.96. The Deputy Attorney General(“DAG”) submitted a written Letter Brief to the Board on April 13, 2009, urging the Board to adopt all findings of fact and conclusions of law within the Initial Decision, but reject ALJ McGill’s penalty recommendation and instead order the suspension of Dr. Losman’s license. Dr. Losman’s attorney suggested that ALJ McGill erred when he concluded that Dr. Losman engaged in gross malpractice and urged the Board to affirm the ALJ’s recommendations that Dr. Losman’s license not be suspended and that he be allowed to continue to practice medicine, but reject the ALJ’s recommendation that he be assessed costs. Upon consideration of the arguments of the parties, the mitigation evidence presented, and upon the Board’s own independent review of the record, the Board concluded that cause existed to modify the recommendation made by ALJ McGill on penalty. Specifically, the Board concluded that Dr. Losman’s conduct, particularly engaging in two egregious acts of gross malpractice, one of which directly caused the death of his patient, warranted the imposition of a three year suspension of license, to include a three month active component, to be followed by a thirty-three month period of stayed suspension. The Board concurred with ALJ McGill’s suggestion that Dr. Losman’s license be limited during the period of stayed suspension to performing the types of surgery that he is presently performing, and adopted ALJ McGill’s recommendation that Dr. Losman be assessed a $20,000.00 penalty and costs in the amount of $42,730.46. Dr. Losman’s suspension will commence on June 12, 2009, through and including September 11, 2009 with the probation will commence on September 12, 2009 and continue through and including June 11, 2012. During the thirty days from the date on which the Board Order was announced on the record (May 13, 2009) through the commencement of suspension, he must restrict his practice in a manner consistent with his limitations set forth in this Order. EFFECTIVE DATE: nunc pro tunc May 13, 2009.

PARIKH, Suvarna, M.D.
License #MA032106
Holmdel, NJ 07733-1520
Karnatak Medical College, 1964
Examination

CONSENT ORDER OF RETIREMENT filed May 27, 2009. This matter was first opened to the Board upon receipt of information that a medical malpractice payment was made on behalf of Dr. Parikh following allegations by patient G.P. that she failed to timely diagnose colon cancer in 1999. On January 23, 2009, Dr. Parikh appeared and testified before the Medical Practitioner Review Panel regarding her care and treatment of patient G.P. and her practice of medicine in general. Although her medical license remains active, Dr. Parikh stopped practicing medicine in August 2008, and now indicates that she has no plans to return to practice. Other than the case in question, Dr. Parikh has never been named in a malpractice case, nor has she ever been investigated. Dr. Parikh had expressed her desires to permanently retire from the practice of medicine and surgery in New Jersey and the Board founding the within disposition adequately protective of the public health, safety and welfare, ordered and Dr. Parikh agreed to immediately surrender her license to practice medicine in New Jersey, said surrender will constitute the voluntary retirement of Dr. Parikh’s license. Dr. Parikh must immediately cease and desist from the practice of medicine in New Jersey. EFFECTIVE DATE: May 27, 2009.

RICHMAN, Mitchell S., M.D.
License #MA042639
Columbus, NJ 08022-1979
SUNY, 1982
National Boards

NON - DISCIPLINARY ORDER

INTERIM CONSENT ORDER filed May 14, 2009. This matter was opened to the Board upon receipt of information and a Complaint pertaining to the medical practices of Dr. Richman. Following a investigation, review of numerous patient records, Dr. Richman’s testimony before a Preliminary Evaluation Committee on February 25, 2009, and receipt of an expert report, the Board directed the Attorney General to file a Complaint alleging Dr. Richman indiscriminately prescribed CDS, engaged in acts of gross negligence and/repeated acts of negligence in his medical psychiatric treatment of patients, improperly and inadequately documented his treatment plans and basis for treatment, and exhibited poor medical judgement and knowledge. In anticipation of the filing of a Complaint, Dr. Richman, through his counsel agreed and consented to voluntarily limit his clinical practice of medicine and surgery in New Jersey in accordance with the terms of this Order. The Board ordered and Dr. Richman agreed to voluntarily refrain (cease and desist) from the clinical practice of medicine in any setting whatsoever and will continue to do so pending further Order of the Board which will be expeditiously considered following his: satisfactory completion of an assessment of his medical skills and competence; successful completion of any remediation deemed necessary based on the evaluation reports; and following his appearance at the Preliminary Evaluation Committee once the remediation has been completed. Dr. Richman, within tens days, must provide the Board with his CDS and DEA registrations to be held in trust until the Board has satisfactory evidence of his competence to practice. The voluntary cessation of clinical practice by Dr. Richman is entered without admission of any wrongdoing on the part of Dr. Richman and without prejudice to the further investigation and prosecution of this matter by the Attorney General of the New Jersey. EFFECTIVE DATE: May 13, 2009.

ROMANO, David L., M.D.
License #MA043319
Avenel, NJ 07001
Univ of Guadalajara, 1980
FLEX Endorsement

CONSENT ORDER filed May 7, 2009. This matter was opened to the Board upon the filing of a Complaint on January 3, 2008, alleging Dr. Romano failed to keep and maintain adequate patient records, and committed acts of indiscriminate prescribing. The Complaint further alleged Dr. Romano’s conduct constituted gross negligence; repeated acts of negligence; professional misconduct; and failure to comply with the Board’s regulations. The conduct underlying the Complaint pertained to Dr. Romano’s treatment of patients J.M., C.K, and E.A. in 2001 and 1996. An Answer denying the substance of the charges was filed on March 3, 2008, the contested case was transmitted to the Office of Administrative Law (“AOL”) and was scheduled for a hearing. The Board found Dr. Romano’s conduct constituted gross negligence; repeated acts of negligence; professional misconduct; and failure to comply with the Board’s regulation. In order to avoid further proceedings in this case, Dr. Romano consented and agreed to each and every term of this Consent Order. The Board ordered the license of Dr. Romano to practice medicine and surgery in New Jersey, suspended effective September 1, 2009, for a period of two years, of which six months will be an active suspension and the remainder to be stayed and served as probation. Dr. Romano must permanently restricte his practice to treating end-stage kidney dialysis patients and prior to him filing any petition for revision of the restrictions, he must undergo a full evaluation by the Center for Personalized Education for Physicians (“CPEP”) or an equivalent assessment subject to approval by the Board. Within two years of the filing of this Order, Dr. Romano must provide the Board with proof of successful completion of a continuing medical education course in nephrology, pre-approved by the Board; provide proof of successful completion of both a record-keeping and a controlled drug substance prescribing course, pre-approved by the Board (these two courses have already been satisfied); and to pay costs in the amount of $5,000.00. EFFECTIVE DATE: September 1, 2009.

STOKES, Robert W., D.O.
License #MB036751
Grand Rapids, MI 49506
Michigan State Univ, Coll of Human Med, 1978
National Boards

CONSENT ORDER filed May 18, 2009. This matter was opened to the Board upon receipt of information that on or about February 7, 2008, Dr. Stokes entered into a Consent Order with the Michigan Board to revoke his license as a physician in the State of Michigan. The Consent Order memorialized Dr. Stokes admission to the facts alleged in the Michigan Board Complaint dated October 11, 2007, which alleged that from approximately 1998 until 2006, Dr. Stokes re-used sutures, hypodermic needles, and suture needles on multiple patients, and his staff cleaned but failed to appropriately sterilize or store instruments in a sterile environment. The Michigan Board found Dr. Stokes actions to be a violation of Michigan’s Public Health Code. As a result, the New Jersey Board determined that Dr. Stokes’ acts giving rise to the Order entered by the Michigan Board, provided a basis for disciplinary action. Dr. Stokes’ license has been in an inactive status in New Jersey since June 30, 1993. Dr. Stokes now seeks leave to voluntarily surrender his license to practice medicine and surgery in New Jersey with prejudice to re-application in accordance with the terms of this Order. The Board ordered and Dr. Stokes agreed to immediately surrender his license to practice medicine with prejudice to re-application. Dr. Stokes will immediately advise the DEA of this Order. EFFECTIVE DATE: May 18, 2009.



THE NEW JERSEY STATE
BOARD OF MEDICAL EXAMINERS

William V. Roeder
WVR/jj Executive Director


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