The New Jersey State Board of Medical Examiners (the “Board”) has taken the following actions in April 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.
BIGGINS, Jesse R., A.T. 
License #MT000899
Bergenfield, NJ 07621
Unknown
CONSENT ORDER OF REPRIMAND filed April 14, 2010. This matter was opened to the Board upon receipt of an application for the reinstatement of the license of Mr. Biggins to practice athletic training in New Jersey. Mr. Biggins’s license to practice athletic training expired on January 31, 2009, nonetheless he practiced athletic training from March 10, 2009 to June 11, 2009, with an expired license. Mr. Biggins’s license was reinstated on July 21, 2009, upon payment of the appropriate fees. The Board ordered and Mr. Biggins agreed to be reprimanded for the unlicensed practice of athletic training. Mr. Biggins must pay a penalty in the amount of $250.00, contemporaneously with the signing of this Order. EFFECTIVE DATE: April 14, 2010.
BORKOWSKI, Douglas J., M.D
License #MA050220
Haskell, NJ 07420
UMDNJ, 1986
National Boards
FINAL CONSENT ORDER filed April 1, 2010. This matter was opened to the Board upon information received concerning the alleged charging of excessive fees for copies of patients’ records by Dr. Borkowski. The information received included complaints made to the Board on behalf of four individual patients in 2006, 2008, and 2009. Dr. Borkowski appeared before a
Preliminary Evaluation Committee (“PEC”) of the Board on October 28, 2009, to discuss these
complaints and his office billing procedures. The Board considered the written complaints received, Dr. Borkowski’s written responses thereto, his testimony at the PEC appearance, and a July 10, 2008 Letter of Advice sent from the Board to him. The Letter of Advice sent to Dr. Borkowski addressed one of the four incidents complained of, and advised him of the appropriate fees regulation. The Board ordered Dr. Borkowski reprimanded for violating N.J.A.C. 13:35-6.5(c)(4), which governs the maximum allowable fees for the copying of patient records on four occasions. Dr. Borkowski is to pay a civil fine in the amount of $1,000.00, within thirty days of the effective date of this Final Consent Order. EFFECTIVE DATE: April 1, 2010.
EL RAFEI, Nabil, M.D.
License #MA026284
Wayne, NJ 07470
Alexandria Univ, 1956
FLEX Endorsement
CONSENT ORDER OF VOLUNTARY SURRENDER UPON RETIREMENT filed April 1, 2010, nunc pro tunc March 15, 2010. This matter was opened to the Board upon the filing of an Administrative Complaint on May 12, 2009, alleging inter alia, that Dr. El Rafei permitted an unlicensed person to perform an act for which a license is required, that he failed to supervise that employee during the period she was an Associate Counselor, and that he maintained records and issued bills that failed to accurately reflect the treatment or services rendered. Dr. El Rafei through his counsel filed his Answer to the Complaint denying the substantive allegations of the Complaint and asserted affirmative defenses. This matter was transferred to the Office of Administrative Law as a contested case and assigned for a Hearing on March 1, 2010, at which time the parties reached a settlement agreement. The Board ordered, and Dr. El Rafei agreed to retire from the practice of medicine and psychiatry, which was deemed a voluntary surrender of his license upon retirement. He will not seek reinstatement of his license or re-licensure in New Jersey. Dr. El Rafei will have a sixty-day "wind down" period of his psychiatry practice and he cannot accept any new patients. Dr. El Rafei must notify his patients in writing by April 15, 2010, that he will no longer be practicing as of May 15, 2010. Dr. El Rafei admitted to repeated acts of negligence and that he failed to ensure that an employee of his practice was properly licensed as an associate counselor for approximately three years. Dr. El Rafei must pay a penalty in the amount of $27,500.00 and costs in the amount of $7,500. This Order will be a full, complete and final resolution of the matter now pending before the Office of Administrative Law. EFFECTIVE DATE: March 15, 2010.
GAUDIO, Joseph R., M.D.
License #MA066927
New York, NY 10013
Auton Univ of Guad, 1989
FLEX Endorsement
ORDER OF REINSTATEMENT filed April 29, 2010. This matter was most recently presented to the Board by Dr. Gaudio pursuant to an application for reinstatement subsequent to a Final Consent Order of Suspension filed on October 19, 2009, wherein Dr. Gaudio’s license was suspended for two years, effective November 1, 2009, with the first three months an active suspension, and the remainder stayed and served as probation. Prior to reinstatement from active suspension, Dr. Gaudio needed to appear before a Committee of the Board and he must demonstrate full compliance with the terms of the October 19, 2009 Order. Dr. Gaudio had to pay costs and fines in the amount of $11,500.02 and he had to successfully complete remedial courses in ethics and the prescribing of Controlled Dangerous Substances. The Final Consent Order of Suspension was ordered as a result of an investigation into Dr. Gaudio’s involvement with an illegal internet pharmacy in 2004 thru 2005, along with his failure to disclose the investigation to the Board. The investigation, undertaken by the Federal Drug Enforcement Administration (“D.E.A.”), revealed that Dr. Gaudio had issued several prescriptions for controlled substances to patients over the internet for whom he did not perform any independent physical examination. This conduct led to a one-year suspension of Dr. Gaudio’s DEA prescribing certification as well as termination from his then employer. Dr. Gaudio appeared before a Committee of the Board on March 24, 2010, seeking the reinstatement of his license. The Committee found Dr. Gaudio had satisfied the terms of the Final Consent Order filed October 19, 2009, by showing successful completion of his required course work, by showing that he is current on all installment payments to the Board, and by testifying that he had refrained from all medical practice in both New Jersey and New York during the active period of suspension. The Board is now satisfied that Dr. Gaudio is in compliance with the terms of his active suspension of licensure and found the within Order would be adequately protective of the public health, safety and welfare. The Board ordered the suspension of Dr. Gaudio license terminated and his license to practice medicine and surgery in New Jersey is reinstated without clinical restriction, although it is subject to the terms of probation as set forth in the Final Consent Order of October 19, 2009. Dr. Gaudio must continue to make installment payments to the Board of all fines and costs as ordered under the Final Consent Order of October 19, 2009. Any violation of this present Order, the continuing terms of the Final Consent Order of October 19, 2009, or violations of the statutes and regulations administered by the Board, may be deemed a violation of Dr. Gaudio’s probationary status, which may subject him to an application for the immediate suspension of his licensure privileges. EFFECTIVE DATE: APRIL 29, 2010.
KOLLAR, Melissa A., A.T.
License #MT000419
Orange, NJ 07050
Montclair State Univ, 1989
Unknown
CONSENT ORDER OF REPRIMAND filed April 14, 2010. This matter was opened to the Board upon receipt of an application for the reinstatement of the license of Ms. Kollar to practice athletic training in New Jersey. Ms. Kollar’s license to practice athletic training expired on January 31, 2009, nonetheless she practiced athletic training from March 10, 2009 to June 19, 2009, with an expired license. Ms. Kollar’s license was reinstated on June 19, 2009, upon payment of the appropriate fees. The Board ordered and Ms. Kollar agreed to be reprimanded for the unlicensed practice of athletic training. Ms. Kollar must pay a penalty in the amount of $250.00, contemporaneously with the signing of this Order. EFFECTIVE DATE: April 14, 2010.
KUDRYK, Alexander B., M.D.,
License #MA053469
Clinton, New Jersey 08809
University Del Noreste, 1985
Examination
CONSENT ORDER filed April 8, 2010. This matter was most recently opened to the Board by way of Dr. Kudryk petitioning for the reduction of urine monitoring performed by the Professional Assistance Program (“PAP”). Dr. Kudryk was seeking the reduction of his urine screens from weekly to twice monthly and in a letter to the Board, the Executive Medical Director of the PAP expressed support of Dr. Kudryk’s request for the reduction of the screens. The Board considered the fact that Dr. Kudryk is now more than seven and one half years in ongoing documented recovery and has been compliant with all the Board’s mandates and the PAP’s recommendations for his continued recovery. The Board was of the opinion that this reduction in random urine screening is warranted by Dr. Kudryk’s compliance and his demonstrated commitment to sobriety. Notwithstanding the relaxation of this restriction, the Board reiterated its prior position that it will not look favorably upon any future lapse in sobriety. The Board ordered and Dr. Kudryk agreed to only practice as an employee in a structured group or institutional setting; to maintain absolute abstinence from all psychoactive substances unless prescribed by a treating physician who is aware of his history of alcohol abuse and for a documented medical condition; to attend Alcoholics Anonymous at a frequency to be determined by the Medical Director of the PAP; to continue aftercare counseling; to submit to random twice monthly urine monitoring under the auspices of the PAP for the life of his license; to comply with face-to-face visits with a representative of the PAP; and to ensure that the PAP supplies quarterly reports to the Board. EFFECTIVE DATE: April 8, 2010.
LEVINE, Benjamin, M.D.
License #MA023897
East Brunswick, NJ 08816-3311
SUNY,
National Boards
ORDER ENTERING SUMMARY DECISION filed April 15, 2010. This matter was opened to the Board upon the filing of an Administrative Complaint on January 4, 2010, seeking the entry of an Order suspending or revoking Dr. Levine’s license to practice medicine and surgery in New Jersey. The Complaint was predicated upon Dr. Levine’s conviction following a Trial in the Superior Court on five counts of a Criminal Indictment, which included findings of criminal guilt of the unlicensed practice of medicine, insurance fraud, falsifying records (falsifying his application to renew a medical malpractice insurance policy), theft by deception, and falsifying records (submitting a renewal application for registration under the Controlled Substance Act knowing that it contained false statements or information). While the Complaint recited that Dr. Levine was convicted on all five counts, the present action against Dr. Levine was based only on the last two cited charges, namely, theft by deception and falsifying records. Those convictions and the underlying conduct established by those convictions provided grounds for the Board to take action against Dr. Levine’s license in that, he used dishonesty, fraud, deception and/or misrepresentation; he engaged in professional or occupational misconduct; he had been convicted of crimes of moral turpitude and/or actions relating adversely to the practice of medicine; and that he failed to demonstrate good moral character. Dr. Levine filed an Answer to the Complaint conceding that “it [wa]s a fact that the jury found this physician guilty,” and then proceeded to collaterally attack the validity of the verdict claiming among other items that the evidence did not support the verdict, that the verdict was the product of prosecutorial errors; and that the conviction of theft by deception was improper based on the independent conduct of his medical claims employee. Following the filing of Dr. Levine’s Answer to the Complaint, a Motion seeking the entry of a Summary Decision on the Complaint was filed by the Attorney General. Dr. Levine submitted two letters opposing the application for the entry of a Summary Decision. Thereafter, Dr. Levine submitted a third letter to which he appended an eleven-page statement which he described constituted his “entire argument and mitigating factors that the Medical Board must understand prior to the Board making its final decision on the penalties to be assessed.” This matter was set down for a hearing before the Board on April 14, 2010. The Board unanimously concluded that good cause existed to support the entry of an Order granting the Motion for Summary Decision as no issues of material fact needed to be resolved in the matter. Within Dr. Levine’s final submission to the Board, he requested that the Board delay making a final decision in this matter until after April 26, 2010, a date on which he asserts the Superior Court will entertain his Motion for a new trial. The Board declined to delay consideration of the Motion for Summary Decision on April 14, 2010, but did grant Dr. Levine’s request insofar as it adjourned the scheduled date for holding the Mitigation Hearing until June 9, 2010. The Board granted the Attorney General’s Motion for the entry of an Order granting Summary Decision on all charges within the Complaint filed on or about January 4, 2010. EFFECTIVE DATE: April 15, 2010.
MAHAKIAN, Charles G., M.D.
License #MA058868
Las Vegas, NV 89117
George Washington Univ, 66
National Boards
CONSENT ORDER OF REPRIMAND filed April 19, 2010. This matter was opened to the Board upon receipt of information that on or about November 6, 2009, the Nevada Board approved and accepted a Settlement, Waiver and Consent Agreement executed by Dr. Mahakian, at which time he was reprimanded, ordered to pay a fine of $3,000.00 and cost of $962.86, as well as complete continuing medical education course. More specifically, the Nevada Board found Dr. Mahakian engaged in conduct which is in violation of a regulation adopted by the Nevada Board of Pharmacy and failed to maintain timely, legible, accurate and complete medical records relating to the diagnosis, treatment and care of a patient. The New Jersey found that Dr. Mahakian’s acts giving rise to the Nevada Settlement, Waiver and Consent Agreement constituted professional misconduct. The New Jersey Board ordered and Dr. Mahakian agreed to be reprimanded for his actions in Nevada. EFFECTIVE DATE: April 19, 2010.
MCCORMICK, Nora V., A.T.
License #MT001097
Howell, NJ 07731-1215
Indiana State Univ, 1981
Unknown
CONSENT ORDER OF REPRIMAND filed April 14, 2010. This matter was opened to the Board upon receipt of an application of reinstatement of the license of Ms. McCormick to practice athletic training in New Jersey. Ms. McCormicks’s license to practice athletic training expired on January 31, 2009, nonetheless she practiced athletic training from January 31, 2009 to January 28, 2010 with an expired license. Ms. McCormick’s license was reinstated on January 29, 2010, upon payment of the appropriate fees. The Board ordered and Ms. McCormick agreed to be reprimanded for the unlicensed practice of athletic training. Ms. McCormick must pay a penalty in the amount of $1,000.00, contemporaneously with the signing of this Order. EFFECTIVE DATE: April 14, 2010.
MOUKDAD, Jihad S., M.D
License #MA061069
Secaucus, NJ 07094
The American University of Caribbean, 1987
FLEX Endorsement
CONSENT ORDER OF PROBATION filed April 29, 2010. This matter was opened to the Board upon notification to the Medical Practitioner Panel, and subsequent referral to the Board, that a payment of $550,000 was made to settle a civil malpractice action brought against Dr. Moukdad. Dr. Moukdad appeared with counsel before a Preliminary Evaluation Committee (PEC) of the Board on October 28, 2009. According to Dr. Moukdad’s testimony and records, M.C. was a patient of his since 1999. On April 23, 2003, Dr. Moukdad examined M.C. for complaints of pain caused by thrombosed hemorrhoids and recommended surgery. M.C. was scheduled for same day surgery on April 29, 2003 and after being examined by the surgeon, M.C.’s surgery was cancelled and M.C. was admitted into the hospital for dehydration and fecal impaction. Dr. Moukdad spoke to a Nurse from the hospital and verbally prescribed several medications for M.C., including Micronase. Dr. Moukdad admits M.C. was not a diabetic and that prescribing M.C. Micronase was an error. Dr. Moukdad explained that this error was caused by his confusing M.C. with her husband, a diabetic treated with Micronase. On April 29, 2003, Dr. Moukdad realized his error and verbally discontinued the Micronase prescription, but M.C. had already received a dose of the medication and experienced severe hypoglycemia and remained in the hospital until her death on April 12, 2005. Upon review of all available information, the Board found that in prescribing Micronase to M.C., Dr. Moukdad engaged in gross negligence, thereby providing grounds for disciplinary action. The Board ordered and Dr. Moukdad agreed to his license to practice medicine and surgery in New Jersey be suspended for two years, the entirety of which will be stayed and served as a period of probation. Dr. Moukdad must pay a penalty in the amount of $5,000.00. EFFECTIVE DATE: April 29, 2010.
PATEL, Hitesh K., M.D.
License #MA065390
Newtown, PA 18940
Jefferson Medical College, 1993
National Boards
CONSENT ORDER OF REPRIMAND filed April 27, 2010. This matter was opened to the Board upon the filing of an Administrative Complaint on August 26, 2009. The Administrative Complaint alleged that Dr. Patel repeatedly submitted Eye reports to the New Jersey Commission for the Blind and Visually impaired (the “CBVI”) containing inaccurate visual acuity and cataract assessments which satisfied CBVI’s medical criteria as a prerequisite to obtaining payment for the proposed surgeries and that these representations constituted engaging in the use or employment of dishonesty, fraud, deception, misrepresentation, false promise or false pretense. Dr. Patel filed an Answer to the Administrative Complaint on October 6, 2009, and the matter was transferred to the Office of Administrative Law on or about October 28, 2009. On December 10, 2009, a pre hearing conference was conducted by an Administrative Law Judge and a settlement conference was held on March 11, 2010. The parties desiring to resolve this matter without need for formal disciplinary proceedings and with Dr. Patel neither admitting nor denying the allegations, and the Board was satisfied that the need for such proceedings was obviated by the entry of this Order . The Board ordered and Dr. Patel agreed to be formally reprimanded for failing to comply with record keeping standards of practice. Dr. Patel must attend and successfully complete a continuing education course pre approved by the Board on record keeping practices; he is to pay $80,000.00 in restitution to the New Jersey Commission for the Blind and Visually Impaired and show proof of payment on a quarterly basis to the Board; and he is to pay a penalty in the amount of $45,000.00 and costs in the amount of $50,000.00. EFFECTIVE DATE: April 27, 2010.
RICHMAN, Mitchell S., M.D.
License #MA042639
Columbus, NJ 08022-1979
SUNY, 1982
National Boards
FINAL CONSENT ORDER OF SUSPENSION AND PROBATION filed April 20, 2010.
This matter was opened to the Board upon the filing of a seven-count Complaint filed May 14, 2009, alleging that Dr. Richman indiscriminately prescribed Controlled Dangerous Substances (“CDS”) to fifteen patients, that he engaged in acts of gross negligence and repeated acts of negligence in his medical and psychiatric treatment of patients, and that he improperly and inadequately documented his treatment decisions and exhibited poor medical judgement and knowledge. An Interim Consent Order was filed on May 14, 2009, and in accordance with the Interim Consent Order, Dr. Richman ceased practicing medicine voluntarily and completed an assessment of his medical skills and competency. Dr. Richman filed his Answer on June 8, 2009, denying all allegations. A plenary Hearing was set for March 22, 2010, and was subsequently adjourned until May 4, 2010. The Board ordered and Dr. Richman agreed to the suspension of his license to practice medicine and surgery for four years effective upon the execution of this Consent Order. The first two years will be served as an active period of suspension and the remainder will be stayed and served as probation; he is to take and successfully complete a professional boundaries course and medical record keeping course; he is to acquire a psychiatric and neuropsychological assessment from a Board-approved practitioner; and he is to pay a penalty in the amount of $45,000.00 and costs in the amount of $35,000.00. As a condition of reinstatement, Dr. Richman has agreed not to prescribe CDS or treat patients with psychiatric illnesses. EFFECTIVE DATE: April 20, 2010.
ZAWID, Joseph M., M.D.,
License# MA026117
Absecon, NJ 08201
New Jersey College of Medicine, 1971
National Boards
CONSENT ORDER SUSPENSION AND PROBATION filed April 26, 2010, Nunc Pro Tunc February 16, 2010. This matter was opened to the Board upon the filing of an Administrative Complaint on July 28, 2008. The Complaint alleged that Dr. Zawid performed an inappropriate breast examination with an inappropriate chaperone contrary to a Private Letter Agreement (“PLA”) he entered into previously regarding restrictions he was subject to while performing breast exams. Dr. Zawid filed an Answer denying the allegation on August 19, 2009. By way of background, in 1994, following a patient complaint, Dr. Zawid entered into a PLA with the Board whereby he agreed to explain and obtain consent prior to conducting breast exams and to have a Board approved chaperone present while examining female patients. This matter was transferred to the Office of Administrative Law(“OAL”) where it was scheduled for a Hearing. Dr. Zawid wanting to resolve this matter without formal proceedings neither admitted nor denied the allegations and the Board finding the within disposition to be adequately protective of the public health, safety and welfare, ordered and agreed to the license of Dr. Zawid to practice medicine and surgery in New Jersey suspended for two years, to be stayed and served as a period of probation. Dr. Zawid must retain a Board approved, professionally licensed person to function as a chaperone whenever he treats female patients; he is to post a sign in the waiting room that can be seen by all patients advising that a female Board approved licensee will be present during examinations of all female patients; this chaperone will be furnished with a copy of this Order and will in writing agree to abide by its term; the Chaperone will be in Dr. Zawid's company at all times during the examination and treatment of female patients in all practice settings and must indicate his/her presence by initialing all relevant patient charts; and this chaperone must immediately notify the Board in the event that they become aware of any inappropriate conduct with female patients by Dr. Zawid and/or if they are aware or reasonably should be aware that the doctor is not in full compliance with any portion of this Order or in the event that they have reason to believe that Dr. Zawid's conduct may pose any threat or harm to others. The Chaperone must provide routine quarterly reports to the Board confirming Dr. Zawid’s cooperation with the chaperone requirements; Dr. Zawid must pay an aggregate sum of $9,360.91 for costs and penalties, and cease and desist from permitting medical students to act as observers or to provide medical care in his office. EFFECTIVE DATE: February 16, 2010.
THE NEW JERSEY STATE
BOARD OF MEDICAL EXAMINERS
William V. Roeder
WVR/jj Executive Director
