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NOVEMBER 2010
"BOARD ACTIONS SUMMARY"

The New Jersey State Board of Medical Examiners (the "Board") has taken the following actions in November 2010. 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.

BARBEITE, Manuel N., M.D.pdf
License #MA035194
Miami, FL 33144-2054
Univ of Havana, 1975
Examination

FINAL ORDER OF DISCIPLINE filed November 17, 2010. This matter was opened to the Board upon receipt of information which indicated that on or about February 4, 2010, the Florida Department of Health (“Florida Department”) entered an Order of Emergency Suspension of License, at which time Dr. Barbeite’s medical license was suspended based upon his criminal conviction. More specifically, the Florida Department determined that on or about August 14, 2009, in the United States District Court for the Southern District of Florida, Dr. Barbeite was found guilty by jury verdict of one count of Conspiracy to Commit Health Care Fraud, two counts of Health Care Fraud, and charges relating to submitting false and fraudulent claims to Medicare and Medicaid. Thereafter, on or about October 29, 2009, Dr. Barbeite was sentenced to 78 months for each count, to run concurrently together with other terms and conditions. The disciplinary action taken by the Florida Department provided grounds for the New Jersey Board to take disciplinary action against Dr. Barbeite’s license to practice medicine and surgery in New Jersey in that, his license to practice medicine had been revoked or suspended by another State, Agency or authority, and for being convicted of, or engaging in, acts constituting a crime or offense involving moral turpitude or relating adversely to the activity regulated by the Board. A Provisional Order of Discipline (“POD”) was entered by the New Jersey Board on July 15, 2010, and served upon Dr. Barbeite. Dr. Barbeite responded to the POD and advised the Board that he has filed an appeal with the U.S. Court of Appeals and requested the Board stay any final action until his appeal rights have been exhausted. The New Jersey Board reviewed Dr. Barbeite’s submission and found that it has ample statutory authority to suspend Dr. Barbeite’s New Jersey medical license based upon the suspension of his Florida medical license, and as well as his criminal conviction. The Board further found that it is not required to indefinitely stay its Final Decision until Dr. Barbeite has exhausted all of his appeal rights in other jurisdictions and more importantly, the Board does not believe it would serve the public’s interests to permit a protracted delay of its action simply to afford Dr. Barbeite an opportunity to overturn the outcome in his criminal and/or disciplinary proceedings. Accordingly, the New Jersey Board determined that further proceedings were unnecessary and the Provisional Order of Discipline was finalized without change. The New Jersey Board ordered Dr. Barbeite’s license to practice medicine and surgery in New Jersey suspended until such time as his license to practice medicine and surgery in Florida is fully reinstated with no restrictions, conditions or probation. Prior to resuming active practice in New Jersey, Dr. Barbeite must appear before the Board, or a Committee thereof, and demonstrate that he is fit to practice medicine and that he holds an active, unrestricted license to practice medicine in Florida. EFFECTIVE DATE: November 17, 2010.

BRIGHAM, Steven C, M.D. pdf
License # MA051068
Voorhees, NJ 08043-1049
Columbia College of Physicians & Surgeons, 1986
National Boards

ORDER IMPOSING TEMPORARY SUSPENSION OF LICENSE filed November 4, 2010. This matter was opened before the Board upon the filing of a Verified Administrative Complaint on September 8, 2010, and thereafter a First Amended Verified Complaint on September 17, 2010, alleging that cause existed to revoke and/or temporarily suspend Dr. Brigham’s license until all administrative proceedings were concluded. Dr. Brigham was charged with violating requirements of the New Jersey Law in that he provided grossly negligent care to five patients who sought and secured late term abortions with gestational ages ranging from 18.4 to 33 weeks; and for seeing and for starting individual patient abortion procedures in his New Jersey office and following that initial treatment, transported four of the five women in car caravans from New Jersey to Maryland where their dilation and evacuation procedures were performed either by him or by another physician employed by him with him present. In addition, Dr. Brigham also was charged with performing approximately 50 pregnancy termination procedures – all second or third trimester cases – in Maryland between January and August 2010, without holding a license to practice in Maryland; with creating false patient records; and with falsifying information in a response he made to a Demand for Statement in Writing Under Oath that was served upon him in June 2010. Dr. Brigham agreed in exchange for additional time to prepare his defense to the entry of an Order on September 10, 2010, which required him to cease and desist from practicing medicine in New Jersey on September 16, 2010, until the Board considered the Attorney General’s temporary suspension application. A hearing on the application for the temporary suspension of Dr. Brigham’s license was held before the Board on October 13, 2010. In the course of more than nine hours of hearing, there were more than fifty exhibits moved into the record, testimonies offered by two expert witnesses for Dr. Brigham and his testimony, and the Board’s entertainment of oral arguments from counsels. The Board concluded the Attorney General met her burden of demonstrating that Dr. Brigham’s continued practice would present clear and imminent danger to the public health, safety and welfare, and that cause existed to order Dr. Brigham’s license to practice medicine and surgery in New Jersey be temporarily suspended at this time. The record before the Board demonstrated that Dr. Brigham consistently and repetitively engaged in manipulative and deceptive behavior designed to circumvent the requirements of the Board’s termination of pregnancy regulation. The New Jersey Board ordered the license of Dr. Brigham to practice medicine and surgery in New Jersey temporarily suspended pending the completion of all administrative proceedings in this matter. EFFECTIVE DATE: October 13, 2010.

ORDER DENYING MOTION TO EXCLUDE EXPERT TESTIMONY filed November 4, 2010. This matter was opened to the Board on October 12, 2010, upon Dr. Brigham’s filing of a Notice of Motion to exclude the expert report and testimony of Dr. Brickner and a Letter Brief in support of the Motion. The Attorney General filed a Letter Brief in opposition to Dr. Brigham’s Motion on October 12, 2010. The Board entertained Oral Arguments of counsel on October 13, 2010. Dr. Brigham’s counsel argued Dr. Brickner should be disqualified from serving as an expert for the Attorney General in this matter because he had a conflict of interest that precluded him from providing an expert opinion before this Board in this case. The conflict asserted to exist was due to Dr. Brickner being a member of the Board between 1996 and 1999, and thus was a member of the Board when prior action against Dr. Brigham was decided by the Board in August 1996 and in November 1999 when the Executive Director of the Board authored a letter stating “there would appear to be no problem with the insertion of laminaria prefatory to a termination of pregnancy in an office setting.” The Attorney General argued that the present case is focused upon care provided to five specific patients that were not the subject of the earlier Complaint and that the facts in each of those cases differ from those that were considered in the prior action. Upon consideration of the arguments of the parties and a review of the filed papers, the Board concluded that there was no basis to disqualify Dr. Brickner from serving as an expert witness in this case, and therefore, no basis existed to exclude the two expert reports that he had prepared for the record. Dr. Brigham’s counsel intimated in Oral Argument that Dr. Brickner may be biased or otherwise have an unfavorable predisposition against Dr. Brigham based on his former service as a Board member. The Board pointed out that any such assertion or intimation is belied by Dr. Brickner’s voting record, as Dr. Brickner in fact joined in a unanimous vote to dismiss the bulk of the charges that were then pending against Dr. Brigham to include those related to his insertion of laminaria in an office setting prior to a planned D & E. The Board denied Dr. Brigham’s Motion to exclude the expert report and testimony of Dr. Brickner. EFFECTIVE DATE: October 13, 2010.

ORDER DENYING MOTION TO DISMISS filed November 4, 2010. This matter was opened to the Board on or about October 6, 2010, upon Dr. Brigham’s filing a Motion to Dismiss the charges in the Administrative Complaint along with a supporting Certification of his attorney and a Legal Brief. The Attorney General filed a Letter Brief in opposition to the Motion on October 8, 2010. The Board thereafter entertained Oral Arguments of counsel on October 13, 2010. Dr. Brigham’s counsel argued that the Complaint should be barred by application of the equitable doctrine of collateral estoppel. He further asserted that the issue before the Board presently is identical to the issue that was before the Board in an action brought against Dr. Brigham in November 1993, and should be considered to have been resolved by the Board’s entry of a Final Decision and Order in August 1996, dismissing claims that was brought against Dr. Brigham. The Attorney General argued that the doctrine of collateral estoppel was not applicable as the facts known to the Board in 1996 and 1999 were not the facts in 2010. The Board concluded that there is no basis for application of the doctrine of collateral estoppel in this case as it found there were substantial differences between the conduct that was the subject of the 1993 action and the misconduct that is alleged in the 2010 Complaint. The Board concluded that Dr. Brigham’s Motion to Dismiss Counts of the First Amended Verified Administrative Complaint filed against him should be denied as there were substantial differences between this matter and the prior Board action that precluded the application of the doctrine of collateral estoppel. The Board ordered Dr. Brigham’s Motion to Dismiss denied. EFFECTIVE DATE: October 13, 2010.

CHAUDHRY, Sadia pdf
License # Unlicensed
CHAUDHRY, Danny a/k/a ATA Chaudhry
Hudson Radiology Center/
American Diagnostic Imaging

ORDER TO CEASE AND DESIST IMPROPER PRACTICE AND TO TAKE CORRECTIVE ACTIONS filed November 12, 2010. This matter was opened to the Board upon the investigation into multiple matters including but not limited to: falsely representing on imaging reports that an imaging facility whose assets Sadia and Danny Chaudhry had purchased in February 2006, (then renamed as “Inner Imaging”) was a licensed Ambulatory Care Facility when in fact it was not; billing for radiologic services performed at that entity for an extended period before “Inner Imaging” became licensed on October 1, 2006; and failing to post a list of fees at Inner Imaging (which was subsequently renamed “American Diagnostic Imaging” “ADI”) for standard radiologic services. The investigation also suggested the unlicensed practice of medicine by the Chaudhrys by determining that there was a medical necessity for performing 3D reconstructions for certain MRIs; issuing insurance claim forms charging for 3D reconstructions when such reconstructions had been performed; making the medical determination of the CPT codes to assign to certain radiologic procedures without obtaining information from the reading radiologist as to the services he/she had actually performed; issuing MRI reports in the name of a person unlicensed as a physician in New Jersey despite having documentation of his correct licensure name; regularly failing to identify the physician-provider of the radiological service on the claim form; and having a physician as a Medical Director of ADI without assuring that such person implemented the responsibilities required by the rules of the Department of Health and Senior Services (“DHSS”), thus presenting a risk of harm to the public. The Chaudhrys produced a document from DHSS confirming that a license was issued and is current to “Hudson Radiology Center of NJ”. The Chaudhrys having consulted with their counsel, determined to waive their individual rights to await the filing of formal charges and to defend in plenary hearing. The Chaudhrys neither admit nor deny the allegations. In the interest of an amicable settlement the Attorney General and Sadia and Danny Chaudhry agreed to the following resolution set forth in this Order. The Board ordered and the Chaudhrys agreed to be reprimanded for and directed to cease and desist from the conduct stated in this Order and to promptly implement remedial measures. The Chaudhrys must assure the posting of a fee schedule for standard imaging studies or the posting of an announcement of its availability on request; assure each of their radiology facilities formally contracts with a Medical Director who will implement all responsibilities required by DHSS; assure that none of their radiology facilities enters into or continues a contract with a licensed professional to provide professional medical services to that entity, which includes any wording purporting to insulate the radiologist of his/her practice entity from personal responsibility for that licensee’s professional conduct; assure that the Medical Director of each of their facilities establishes practice guidelines consistent with the requirements of the Board’s statues and regulations; assure that only the Medical Director makes the professional medical determination as to whether imaging studies are performed in a competent manner; assure that the report of each reading radiologist is issued in the name of the physician as set forth on such person’s license; take prompt corrective action to assure that imaging studies produced in digital form contain identification of the patient and imaging facility and the date of service; and assure that only a single claim form is submitted for services performed for a single patient on a single date. The Chaudhry’s are to pay costs in the amount of $6,000.00, a penalty in the amount of $25,000.00, and restitution to the patients/third party payors in the amount of $8,897.00. EFFECTIVE DATE: November 12, 2010.

GONZALEZ, Felicia, E., D.O.pdf
License #MB062593
Tom River, New Jersey 08753
West Virginia School of Osteo Medicine, 1993

CONSENT ORDER GRANTING VOLUNTARY SURRENDER OF LICENSE filed November 30, 2010. This matter was opened to the Board upon the filing on November 3, 2010, of an Order to Show Cause, Verified Complaint and supporting documents alleging Dr. Gonzalez is incapable of discharging the functions of a licensee in a manner consistent with the public’s health, safety and welfare. On November 12, 2010, an Interim Consent Order was filed pursuant to which Dr. Gonzalez’s license was temporarily suspended until the Board’s consideration of the application at the meeting scheduled December 8, 2010. The Board ordered and Dr. Gonzalez agreed to voluntarily surrender her license, said surrender to be deemed an indefinite suspension of her license to practice medicine and surgery in New Jersey pending demonstration of her fitness and further Order of the Board. Prior to any restoration of license, Dr. Gonzalez must appear before the Board or a Committee thereof to discuss her readiness to re-enter the practice of medicine; provide the Board with evidence that she is capable of discharging the functions of a licensee and that she is not then suffering from any impairment or limitation resulting from the use of alcohol or any drug which could affect her practice; provide the Board with discharge summaries from any inpatient programs and reports from each and every health care professional who has participated in her care and/or treatment; provide the Board with a report from the Professional Assistance Program (“PAP”) detailing the nature and extent of her involvement with that entity and if she has abided by the recommendations made by them; affirmatively establish her fitness, competence and capacity to re-enter the active practice of medicine and surgery; and provide the Board with a full account of her conduct during the intervening period of time from her entry into this Order to her appearance. EFFECTIVE DATE: November 30, 2010.

I/M/O M, A. N., M.D
New Jersey

ORDER COMPELLING SUBMISSION TO ASSESSMENT OF SKILLS AND PSYCHOLOGICAL EXAMINATION AS A CONDITION OF CONTINUED LICENSURE filed November 12, 2010. This matter was opened to the Board upon the filing on September 22, 2010 of a Notice of Motion seeking Dr. M, a physician licensed by the Board and appearing pro se, to submit to a psychological evaluation and an assessment of skills. An expert report was submitted to the Board citing “irrational,” and “paranoid” thinking on the part of Dr. M and found good cause to request Dr. M. submit to an examination by a Board designated psychiatrist to evaluate his psychiatric/psychological status and safety to practice. It was further alleged in the Motion that although Dr. M. currently holds a valid, active license and has satisfied all continuing education requirements, he has not practiced medicine since 1997. Considering Dr. M’s time out of practice in conjunction with the clear need for a psychological evaluation, the Deputy Attorney General urged the Board to require a skills assessment as well as order Dr. M. to undergo a psychological evaluation. Written submissions were filed by both parties and Oral Argument was held before the Board in a executive session on October 13, 2010. The Board determined that in the interest of the public health, safety and welfare, Dr. M. will be required to submit to a psychological evaluation and a skills assessment as a condition of continued licensure. The Board ordered Dr. M., as a condition for continued licensure, to submit within ninety days to a psychological evaluation by a psychiatrist pre-approved by the Board, in order for the Board to evaluate whether his continued practice of medicine may jeopardize the safety and welfare of the public. The Board further ordered as a condition for continued licensure, Dr. M. is to submit within ninety days to an assessment of skills in Internal Medicine and Clinical Cardiac Electrophysiology by an entity pre-approved by the Board to determine whether he can continue to practice with reasonable skill and safety. EFFECTIVE DATE: November 12, 2010.

MORGANSTEIN, Henry L, D.O.pdf
License #MB021017
Camden, NJ 08104-1333
Reciprocity

CONSENT ORDER OF VOLUNTARILY SURRENDER TO BE DEEMED A REVOCATION filed November 23, 2010. This matter was opened to the Board on or about November 18, 2010, upon receipt of information that Dr. Morganstein engaged in the indiscriminate prescribing of Controlled Dangerous Substances (“CDS”). Dr. Morganstein now seeks leave to voluntarily surrender his license to practice medicine and surgery in New Jersey, such surrender to be deemed a revocation with prejudice to his license in accordance with the terms of this Order. The Board ordered and Dr. Morganstein agreed to immediately surrender his license to practice medicine and surgery in New Jersey, said surrender to be deemed a revocation of his license with prejudice to any future reapplication. Dr. Morganstein is to immediately notify the Drug Enforcement administration of the entry of this Order and take appropriate steps to destroy any and all prescription pads in his possession. EFFECTIVE DATE: November 22, 2010.

PATEL, Dakshkumar, M.D.pdf
License #MA037518
Hamilton Square, NJ 08690
Baroda Univ Med Col, 1974
FLEX Endorsement

ORDER OF REINSTATEMENT filed November 18, 2010. This matter was opened to the Board by Dr. Patel pursuant to an application for an unrestricted license submitted on his behalf by the Executive Medical Director of the Professional Assistance Program (“PAP”), subsequent to Consent Order of Limited Licensure filed on April 19, 2004. Dr. Patel entered into a Consent Order of Limited Licensure on April 19, 2004, based on his relapse into alcohol abuse. After voluntarily contacting the PAP and refraining from the practice of medicine beginning in October 2003, Dr. Patel agreed to the Consent Order and has complied with that Order for six years. The Board noted Dr. Patel’s completion of six years of restricted practice without incident, his continued and stable recovery despite recent personal losses, as well as his voluntary commitment to maintain monitoring with the PAP in the future. The Board is now satisfied with Dr. Patel’s compliance with the terms of the Consent Order filed April 19, 2004. The Board ordered Dr. Patel’s license to practice medicine and surgery in New Jersey reinstated without restrictions. EFFECTIVE DATE: November 18, 2010.

SENDER, Paul S., M.D.pdf
License #MA044742
Teaneck, New Jersey 07666-4316
Hahnemann, 1981
National Boards

CONSENT ORDER OF REINSTATEMENT WITH RESTRICTIONS filed November 30, 2010. This matter was most recently opened to the Board upon receipt of a request from Dr. Sender for the reinstatement of his medical license. Dr. Sender’s license was suspended for five years by Consent Order filed September 14, 2005, two years active and three years to be stayed and served as probation, following allegations of gross negligence and/or repeated negligence in his treatment of seven patients. Pursuant to the Consent Order, Dr. Sender agreed to undertake and successfully complete any recommendations for reinstatement and/or follow up remediation required by CPEP, and by a Board approved neuro-psychologist. Dr. Sender appeared and testified on October 21, 2009, in support of his application for reinstatement, testifying he has primarily engaged in scholarly pursuits since the suspension of his license, is currently employed in a scholarly capacity, has completed numerous continuing education credits, and in addition to self study has completed a six week structured preceptorship. The Board found Dr. Sender demonstrated clear steps toward rehabilitation and re-education but that certain practice monitoring and supervision is necessary given Dr. Sender’s five year hiatus from practice. The Board ordered and Dr. Sender agreed to the reinstatement of his license upon the satisfaction of all application requirements including a criminal history background check and payment of all applicable fees. The terms of this Order will remain in effect until Dr. Sender submits documentary proof that he has been employed as a physician, has fully complied with the monitoring requirements for a period of one year until further Order of the Board. Dr. Sender can not work in a solo practice and he must have his monitor submit a report to the Board in writing on a quarterly basis. EFFECTIVE DATE: November 30, 2010.

TZENG, Bowen Chi, M.D.pdf
License #MA082893
Paramus, NJ 07652
UMDNJ, 00
Application

CONSENT ORDER OF SUSPENSION AND PROBATION filed November 8, 2010. This matter was opened to the Board upon the filing of an Administrative Complaint on July 15, 2008, alleging, inter alia, that Dr. Tzeng engaged in the unlicensed practice of medicine; failed to procure and maintain malpractice liability insurance; and failed to clean up the unsanitary office in which he was practicing. Through counsel, Dr. Tzeng filed an Answer to the Complaint on June 26, 2009, denying the substantive allegations of the Complaint and asserted affirmative defenses. Inasmuch, the parties now desire to resolve this matter without recourse to formal proceedings. The Board ordered and Dr. Tzeng agreed that his license to practice medicine be suspended for three years, six months active, and the remainder to be served as probation. Dr. Tzeng’s active suspension will begin January 1, 2011. Dr. Tzeng was assessed a civil penalty in the amount of $30,000.00 and cost in the amount of $11,999.75. This Order will be considered a full and final resolution of the charges set forth in the Administrative Complaint filed July 15, 2008. EFFECTIVE DATE: January 1, 2011.

 


THE NEW JERSEY STATE
BOARD OF MEDICAL EXAMINERS

William V. Roeder
WVR/jj Executive Director


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