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DECEMBER 2011
"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

BRADLEY, Douglas D., M.D. pdf
License #MA049904
Union, NJ 07083
SUNY Upstate, 1981
National Boards

FINAL CONSENT ORDER AND SETTLEMENT AGREEMENT filed December 27, 2011. This matter was opened to the Board upon the filing of a six-count Administrative Complaint (the "Complaint") filed January 3, 2011. The conduct detailed in the Complaint alleged to constitute various violations of the Administrative Rules and New Jersey Statues. Dr. Bradley through his attorney filed an Answer on February 16, 2011, denying the allegations. The contested case was transmitted to the Office of Administrative Law ("OAL"), for a Hearing. Thereafter, with Dr. Bradley's consent the case was consolidated for Hearings with the Administrative Complaints filed against Dr. Ratzker and Dr. Friedlander. Dr. Bradley asserted that with respect to the allegations of the Complaint, he made good faith efforts to comply with applicable statue and regulations, that his actions were in furtherance of what he believed to be in the best interest of patient care and that he did not engage in conduct intended to be in violation of New Jersey law. The Attorney General contends that notwithstanding Dr. Bradley's lack of intention to violate the law, there is sufficient support for the allegations of the Complaint. Dr. Bradley has determined to neither admit nor deny liability with regard to the allegations of the Complaint and has agreed to comply with the provisions of this Order. All parties acknowledged and agreed that this Final Consent Order and Settlement Agreement constitutes a full compromise and settlement of disputed claims. The Board ordered and Dr. Bradley agreed to his license be suspended for three years, all of which will be stayed as probation contingent upon his compliance with the conditions in this Order. Dr. Bradley has agreed to promptly review CMS regulations regarding Intraoperative Monitoring ("IOM") and to review medically justified indications for IOM as reported in juried journals and inform the Board of the sources on which he will rely; Dr. Bradley agreed to comply with the restrictions on referrals by a licensee holding any financial interest in a health care services; his patient records will document the medical justification for IOM he orders for his patients; he will utilize his best efforts to secure performance of IOM by a New Jersey licensed physician or neurophysiologist trained in performing IOM or by a technologist trained in IOM preferably credentialed as a CNIM; he is to consult with the physician/neurophysiologist and an anesthesiologist regarding the clinical problem involved in the surgery; he will make reasonable efforts to schedule surgeries warranting IOM in facilities providing real-time monitoring by a trained licensed physician; he is to assure that if his patients are billed for the IOM service by the Back Institute or any other entity through which he practices medicine, such billing must be made in the same name as the surgery service is billed; he is to pay a penalty in the amount of $35,000.00 and cost in the amount of $13,455.00; and prior to the end of the probation period, Dr. Bradley must meet with a Committee of the Board on notice, to discuss his compliance with all terms of this Order. EFFECTIVE DATE: December 27, 2011.

GROSSO, Gino, M.D. pdf
License #MA051760
Cherry Hill, NJ 08003
SUNY, 1975
National Boards

FINAL CONSENT ORDER filed December 14, 2011. This matter was opened to the Board upon receipt of information concerning the investigation of Dr. Grosso by the Pennsylvania Attorney General's Office on or about October 22, 2009, for illegal prescribing of controlled substances. While the criminal investigation was pending, Dr. Grosso entered into an Interim Consent Order with the Board, filed November 4, 2009, by which he voluntarily surrendered his license to practice medicine pending the outcome of the Pennsylvania investigation and further order of the Board. On January 5, 2011, Dr. Grosso pled guilty to the charges of "acquisition or obtaining of possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge", and "manufacture, delivery or possession with intent to manufacture or deliver a controlled substance or knowingly creating, delivering or possessing with intent to deliver a counterfeit controlled substance". Dr. Grosso was sentenced to three to ten years in prison followed by five years of probation. Dr. Grosso's conduct as evidenced by his guilty pleas is in violation of New Jersey Statues and Regulation in that he engaged in the use or employment of dishonesty, fraud, deception, misrepresentation, false promise or false pretense; professional misconduct; been convicted of or engaged in acts constituting any crime or offense involving moral turpitude or relating adversely to the practice of medicine; and prescribing or dispensing controlled substances indiscriminately or without good cause. In lieu of further civil or administrative proceedings in this matter, Dr. Grosso has agreed to this Final Consent Order. The Board ordered and Dr. Grosso agreed that his license to practice medicine and surgery that was voluntarily surrendered by Interim Consent Order of November 4, 2009, is hereby deemed revoked. This Final Consent Order is agreed to without prejudice to Dr. Grosso's ability to apply for reinstatement of licensure. Prior to any reinstatement, Dr. Grosso must appear before a Preliminary Evaluation Committee of the Board and demonstrate current fitness and competency to resume the practice of medicine. EFFECTIVE DATE: December 14, 2011.

HARDY, Howard W., III, M.D. pdf
License #MA048040
Lawrenceville, NJ 08648-2201
College Of Physicians & Surgeons, 1980
National Boards

CONSENT ORDER OF REPRIMAND filed December 13, 2011. This matter was opened to the Board upon the Board's receipt of a report from the Medical Practitioner Review Panel (the "Panel") detailing findings and recommendations made by the Panel following an investigation of medical practice by Dr. Hardy. Specifically, the Panel commenced an investigation upon receiving notice of a malpractice payment of $1,000,000.00, made on Dr. Hardy's behalf to settle a civil malpractice action brought by patient K.D. alleging negligent performance of a right hemicolectomy for colon cancer, resulting in iatrogenic injury to the mesenteric artery or vein. The Panel reviewed available information to include patient and hospital records and an expert report. The Panel additionally considered testimony offered by Dr. Hardy when he appeared before the Panel. On review of available information, the Panel concluded Dr. Hardy provided negligent care to patient K.D. in performing his hemicolectomy. The New Jersey Board reviewed the report and recommendations made by the Panel and adopted the Panel's findings in their entirety. Based thereon, the Board concluded that grounds for the imposition of disciplinary sanction against Dr. Hardy exist. Given the time that has elapsed since the occurrence, Dr. Hardy's recognition of the issues in this case, and actions to ensure they do not recur, the Board believes this Order is sufficiently protective of the public health and safety. The Board ordered and Dr. Hardy agreed to be formally reprimanded for having engaged in repeated acts of negligence when providing care to patient K.D. EFFECTIVE DATE: December 13, 2011.

HENDERSON, Richard William, M.D. pdf
License #MA045666
Wilmington, DE 19806-4740
Howard University, 1980
National Boards

ORDER RESCINDING A PROVISIONAL ORDER OF REVOCATION filed March 3, 1994. . This matter was opened to the Board upon receipt of information that a Provisional Order revoking the license of Dr. Henderson to practice medicine within New Jersey was erroneously filed on March 3, 1994. The Provisional Order proposing the revocation of Dr. Henderson's license was based on erroneous findings that his medical license in Tennessee and North Carolina had been revoked in 1992. Unbeknownst to the Board at that time, the physician whose licenses had been revoked in those states was never licensed in New Jersey, he merely shared the same name. The New Jersey Board ordered the Provisional Order revoking the license of Richard William Henderson, M.D., is hereby rescinded nunc pro tunc , retroactive to the entry on March 3, 1994. EFFECTIVE DATE: March 3, 1994.

JOSOVITZ, Mark S., M.D. pdf
License #MA046377
Murfreesboro, TN 37130
CEBU Inst of Med, 1982
FLEX Endorsement

ORDER REINSTATING LICENSE filed December 9, 2011. This matter was reopened before the Board upon the Board's receipt of a written request from Dr. Josovitz requesting the reinstatement of his New Jersey license. The New Jersey Board is presently satisfied that good cause exists to fully and unconditionally reinstate Dr. Josovitz' medical license. Dr. Josovitz' New Jersey license was indefinitely suspended on August 31, 1999, upon the Board's entry of a Final Order of Discipline. The New Jersey action was predicated in full upon a sister state disciplinary action taken by the Tennessee Board on September 18, 1996. The Tennessee Board suspended Dr. Josovitz' license for one year, of which, six months was an active suspension and included a requirement Dr. Josovitz not resume any practice of medicine until the Tennessee Physician Program recommended that it was safe for him to do so. The New Jersey Order required Dr. Josovitz to appear before a Committee of the Board when he sought reinstatement of his New Jersey license; demonstrate successful compliance with and completion of the requirements of his Tennessee suspension; and show he holds an unrestricted license in all jurisdictions where he is licensed. Dr. Josovitz appeared before a Committee of the Board on September 28, 2011, and offered testimony in support of his application for reinstatement. On review of available information the Board found Dr. Josovitz presently holds an unrestricted license to practice medicine in Tennessee since March 28, 2002, and has since remained in good standing and without condition. The New Jersey Board found Dr. Josovitz has made all demonstrations necessary to support the reinstatement of his New Jersey license at this time and that there is no present need to place any conditions or limitations upon his practice of medicine. The New Jersey Board ordered Dr. Josovitz license to practice in New Jersey fully reinstated. EFFECTIVE DATE: December 9, 2011.

KELSEY, Alan G., M.D. pdf
License #MA037898
Whitehouse Station, NJ 08889
UMDNJ, 1979
National Boards

ORDER OF UNRESTRICTED LICENSURE filed December 15, 2011. This matter was reopened before the Board upon the petition of Dr. Kelsey for relief from the terms of the Consent Order entered by the Board on July 30, 2010. The Board is satisfied Dr. Kelsey has complied with all terms and conditions imposed upon his practice of medicine by the Consent Order. The Board ordered Dr. Kelsey an unrestricted license to practice medicine and surgery in New Jersey. EFFECTIVE DATE: December 15, 2011.

RATZKER, Paul K., M.D. pdf
License #MA064646
Union, NJ 07083
Albert Einstein College of Medicine,
National Exam

FINAL CONSENT ORDER AND SETTLEMENT AGREEMENT filed December 28, 2011. This matter was opened to the Board upon the filing of a Six-Count Administrative Complaint (the "Complaint") filed January 3, 2011. The conduct detailed in the Complaint alleged to constitute various violations of the cited administrative rules and New Jersey Statutes. Dr. Ratzker through his attorney filed an Answer on February 18, 2011, denying the allegations. The contested case was transmitted to the Office of Administrative Law ("OAL"), for a Hearing. Thereafter, with Dr. Ratzker's consent, the case was consolidated for hearings with Administrative Complaints filed against Dr. Bradley and Dr. Friedlander. Dr. Ratzker asserted that with respect to the allegations of the Complaint, he made good faith efforts to comply with applicable statute and regulations, that his actions were in furtherance of what he believed to be in the best interests of patient care, and that he did not engage in conduct intended to be in violation of New Jersey law. The Attorney General contends that, notwithstanding Dr. Ratzker's lack of intention to violate the law, there is sufficient support for the allegations of the Complaint. Dr. Ratzker has determined to neither admit nor deny liability with regard to the allegations of the Complaint and has agreed to comply with the provisions of this Order. All parties acknowledge and agree that this Final Consent Order and Settlement Agreement constitutes a full compromise and settlement of disputed claims. The Board ordered and Dr. Ratzker agreed that his license will be suspended for three years, all of which will be stayed as probation contingent upon his compliance with the conditions in this Order. Dr. Ratzker has agreed to promptly review CMS regulations regarding Intraoperative Monitoring ("IOM") and to review medically justified indications for IOM as reported in juried journals and inform the Board of the sources on which he will rely; he agreed to comply with the restrictions on referrals by a licensee holding any financial interest in a health care service; his patient records will document the medical justification for IOM he orders for his patients; he will utilize his best efforts to secure performance of IOM by a New Jersey licensed physician or neurophysiologist trained in performing IOM or by a technologist trained in IOM, preferably credentialed as a CNIM; he is to consult with the physician/neurophysiologist and an anesthesiologist regarding the clinical problem involved in the surgery; he will make reasonable efforts to schedule surgeries warranting IOM in facilities providing real-time monitoring by a trained licensed physician; he is to assure that if his patients are billed for the IOM service by the Back Institute or any other entity through which he practices medicine, such billing must be made in the same name as the surgery service is billed; he is to pay a penalty in the amount of $35,000.00 and costs in the amount of $24,485.00; and prior to the end of the probation period, Dr. Ratzker must meet with a Committee of the Board, on notice, to discuss his compliance with all terms of this Order. EFFECTIVE DATE: December 28, 2011.

REGO, Ramon, M.D. pdf
License #MA058106
West New York, NJ 07093
Univ Auto De Guadalajara, 1988
FLEX Endorsement

CONSENT ORDER OF VOLUNTARILY SURRENDER, DEEMED AN INDEFINITE SUSPENSION filed December 14, 2011. This matter was opened to the Board upon the arrest of Dr. Rego on November 20, 2011, for Driving While Intoxicated after a single car rollover crash. The investigation of the crash scene disclosed approximately 25 prescription pill bottles, a majority of which were empty. The prescriptions were for Hydrocodone Tablets, Carisoprodol, and Hydrocodone Suspension, and all the bottles reflected Dr. Rego as the prescriber. Additionally, there were large quantity of whipped cream canisters found; most of the canisters had been emptied of the Nitrous Oxide propellent. The parties being desirous of resolving this matter without the necessity of further proceedings and it appearing Dr. Rego has read the terms of the within Order and understands their meaning and effect, Dr. Rego consented to be bound by same. The Board ordered and Dr. Rego agreed to voluntarily surrender his license, said surrender deemed to be an indefinite suspension of his license in New Jersey pending demonstration of fitness and further order of the Board. Prior to any restoration of Dr. Rego's license and at a minimum, Dr. Rego must participate in the Professional Assistance Program ("PAP") and comply with the requirements of the program; appear before the Board or a Committee thereof with the support of the PAP to discuss his readiness to re-enter the practice of medicine; provide the Board with evidence that he is capable of discharging the functions of a licensee; provide the Board with discharge summaries from any inpatient programs and reports from each and every health care professional who has participated in his care and treatment; provide the Board with a report from the PAP detailing the nature and extent of his involvement with that entity; affirmatively establish his fitness, competence and capacity to re-enter the active practice of medicine and surgery in New Jersey; and provide the Board with a full account of his conduct during the intervening period of time from his entry into this Order to his appearance. EFFECTIVE DATE: December 14, 2011.

REITER, Raymond D., M.D. pdf
License #MA054583
Millburn, NJ 07041
Univ Autonoma De Guadalajara, 1982
FLEX Endorsement

THIRD ORDER OF REINSTATEMENT OF LICENSURE WITH RESTRICTIONS filed December 9, 2011. This matter came before the Board upon receipt of a report from The Center for Personalized Education for Physicians (CPEP) dated March 21, 2011, stating "Dr. Reiter completed his CPEP Educational Intervention Plan Addendum (Plan Addendum) pursuant to the Second Interim Order of Reinstatement of Licensure with Restrictions dated on July 1, 2010". The report further advised Dr. Reiter is not in need of a "Post Education Evaluation since he has demonstrated improvements and made significant progress in addressing his educational objectives." On or about April 27, 2011, a Preliminary Evaluation Committee of the Board reviewed the extensive submissions from CPEP, Dr. Reiter's counsel and the Professional Assistance Program (the "PAP") and recommended to the full Board Dr. Reiter license be reinstatement based on the determination from CPEP that Dr. Reiter has remediated all aspects of his clinical competency deficiencies through successful completion of his CPEP Education Plans. The Board considered all of the documents submitted and determined Dr. Reiter may resume the practice of medicine and surgery in New Jersey with restrictions. The Board ordered and Dr. Reiter agreed that his license to practice medicine and surgery in New Jersey be reinstated with restrictions. Dr. Reiter must continue to utilize a Board approved chaperone who will submit monthly reports to the Board; continue to undergo psychotherapy with a licensed psychiatrist or psychologist pre-approved by the Board; continue his participation with the PAP and undergo face-to-face meetings with a PAP representative; notify any future employer or medical director at each and every facility at which he plans to practice medicine of this Order; and he is only to work as an employee of a medical practice or licensed medical facility and can not be a solo practitioner or partner in a medical practice. EFFECTIVE DATE: December 9, 2011.

ZOIS, Christ L., M.D. pdf
License #MA024627
Sea Girt, NJ 08750
New York Medical College, 1969
National Boards

CONSENT ORDER OF VOLUNTARY SURRENDER DEEMED A PERMANENT RETIREMENT WITH CONDITIONS filed December 30, 2011. This matter was first opened to the Board upon receipt of investigative information indicating Dr. Zois license to practice medicine in New York was revoked. The New Jersey Board is also aware Dr. Zois entered a plea of guilty to one count of conspiracy to commit bank fraud and two counts of bank fraud. The New Jersey Board ordered and Dr. Zois agreed to be granted leave to voluntarily surrender his license to practice medicine and surgery in New Jersey, with said surrender to be deemed a permanent retirement. Dr. Zois can not engage in the practice of medicine in New Jersey, and he is to refrain from prescribing any medications, except to himself and the 10 individuals approved by the Board . EFFECTIVE DATE: December 30, 2011.

 


THE NEW JERSEY STATE
BOARD OF MEDICAL EXAMINERS

William V. Roeder
WVR/jj Executive Director


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