The New Jersey State Board of Medical Examiners (the “Board”) has taken the following actions in January 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.

AHLAWAT, Ranvir, S., M.D.
License #MA074727
Toms River, NJ 08753
St. Georges Univ, 1995
Appl - International

ORDER OF REVOCATION OF LICENSE filed January 14, 2010. This matter was opened to the Board upon receipt of information that Dr. Ahlawat was convicted on June 22, 2009, in Pennsylvania in four consolidated cases of conspiracy to distribute controlled substances and money laundering. Dr. Ahlawat was sentenced to five years probation, a $1,500.00 fine, and forfeiture in the total amount of $2,120, 257.00. On November 5, 2009, the Attorney General filed a Verified Complaint and supporting documents and exhibits seeking the revocation or suspension of Dr. Ahlawat’s license to practice medicine and surgery in New Jersey, civil penalties, costs, and other appropriate relief. Dr. Ahlawat did not contest the allegations of the Complaint, but submitted written arguments in mitigation supported by documents relevant to his arguments. On December 9, 2009, Dr. Ahlawat appeared before the New Jersey Board pro se and was afforded the opportunity to give testimony and present evidence and argument on the issue of sanctions. Dr. Ahlawat testified, acknowledging that he did not contest the allegations in the Verified Complaint, but elaborated upon the arguments made in his written submissions to the Board, and responded to questions by Board members. The Board considered the record, including Dr. Ahlawat’s testimony and submissions in mitigation and the Attorney General’s arguments, and found that revocation was the appropriate sanction. The Board found Dr. Ahlawat’s conduct in authorizing many of thousands of prescriptions without any patient contact, and certainly without any meaningful doctor-patient relationship, constituted clear professional misconduct; were commissions of acts of dishonesty, fraud, deception, misrepresentation, false promise or false pretense; was a commission of a crime or offense which both involved moral turpitude and related adversely to the practice of medicine; professional misconduct; and that Dr. Ahlawat violated statutes or regulations administered by the Board. The Board further found as an extenuating factor that Dr. Ahlawat had just begun his medical career when he entered into the arrangements to provide online medical consultations and was not unsympathetic to Dr. Ahlawat’s personal circumstances, and that he presented a number of letters from patients and colleagues in praise of his compassion and skills. The Board ordered the license of Dr. Ahlawat to engage in the practice of medicine and surgery in New Jersey revoked. No application for reinstatement of license will be considered for a minimum of three years. The revocation of license will become effective on January 8, 2010, in order to afford Dr. Ahlawat’s patients sufficient opportunity for the transfer of their care and for Dr. Ahlawat to make appropriate arrangements for the medical records in his possession to be transferred. When Dr. Ahlawat seeks reinstatement of his license, he will be required to appear before a Committee of the Board to demonstrate his fitness to resume practice; demonstrate a minimum successful completion of Board-approved courses in medical ethics, prescribing of controlled substances, and medical record keeping; and show documentation of continuing compliance with the criminal sanctions imposed. EFFECTIVE DATE: January 8, 2010.

CODEL, Radu, M.D.
License #MA03772100
Edgewater, NJ 07020-1221
Univ of Rome Med Sch, 1978
National Boards

CONSENT ORDER filed January 12, 2010. The records of the Board reflect that Dr. Codel was reprimanded for faulty insertion of a pacemaker into patient R.A. in October 2004, for failing to recognize his missed insertion of the pacemaker and for his failure to check the post operative radiology report himself, rather than rely on staff to convey information, contrary to N.J.S.A. 45:1-21(d) in that he engaged in repeated acts of negligence, malpractice or incompetence. Subsequently, Dr. Codel entered into a Consent Order filed with the Board on July 30, 2007. The Order permitted Dr. Codel to return to the practice of performing pacemaker insertions after completing a program of supervision. Dr. Codel has now determined that he does not wish to perform pacemaker implantations. The Board ordered and Dr. Codel agreed to permanently refrain from performing pacemaker implantations and is therefore relieved from the requirements of completion of the program of supervised insertions of pacemakers as set forth in the July 30, 2007 Order of the Board. EFFECTIVE DATE: January 12, 2010.

COVILLE, Frederick, A. M.D.
License #MA054999
Galloway, NJ 08205
Auton Univ of Guad., 1982
FLEX Endorsement

ORDER RESTORING UNRESTRICTED LICENSE filed January 14, 2010. This matter was opened to the Board upon receipt of a renewed petition from Dr. Coville for the elimination or modification of terms and conditions that are currently imposed on his practice of medicine in New Jersey by operation of the terms of a Consent Order he entered into with the Board on August 29, 2000. The August 2000 Order reinstated Dr. Coville’s license to practice subject to the conditions he would practice only in a bona fide employment relationship in an office of a licensed physician and with that employer submitting quarterly reports to the Board; that he would not perform any cosmetic surgery procedures; and that he examine and treat female patients only in the presence of a chaperone. Following the entry of the August Order, Dr. Coville did not resume or otherwise engage in the practice of medicine in New Jersey, instead practiced in the British Virgin Islands until early 2006, and then relocated to London. Dr. Coville returned to New Jersey and re-entered medical practice in a manner consistent with the requirements of the Board Order in or about December 2008. Since resuming practice in New Jersey, Dr. Coville twice appeared and testified before Committees of the Board. Following Dr. Coville’s first appearance, the Board denied his petition for modification or elimination of the terms of the August 2000 Order because at that time, he had only practiced for a brief period of time in New Jersey, and the Board advised him he would need to practice for a minimum of six months under the specific terms of the August 2000 Order before the Board would further consider his petition. Dr. Coville appeared before the Board a second time in October 2009. Upon consideration of Dr. Coville’s testimony and review of documentation presently available to the Board, the Board was satisfied that good cause exists to presently remove the terms and conditions that continue to be imposed on Dr. Coville’s license. The Board found Dr. Coville demonstrated that he has substantially modified both his character and his lifestyle since the time that charges detailing sexual misconduct were initially brought against him some eighteen years ago. The Board ordered the terms and conditions placed on Dr. Coville continued licensure in New Jersey discontinued. Dr. Coville’s license to practice medicine and surgery in New Jersey is now unrestricted. EFFECTIVE DATE: January 14, 2010.

DAFTARI, Amita P., M.D.
License #MA050377
Edison, NJ 08820-1639
NHL Med Col, 1971
FLEX Endorsement

CONSENT ORDER OF REPRIMAND filed January 25, 2010. This matter was opened before the Board upon receipt of information that on or about August 6, 2009, Dr. Daftari entered into a Stipulation of Settlement with the New Jersey Office of Insurance Fraud Prosecution, wherein she acknowledged she provided false or misleading information in her disability application by omitting facts concerning her medical condition, her previous medical treatments and her workers compensation case. The New Jersey Board found disciplinary action may be taken against Dr. Daftari’s license in that she engaged in the use or employment of dishonesty, fraud, deception or misrepresentation; she engaged in professional or occupational misconduct; she engaged in acts constituting any crime or offense involving moral turpitude or relating adversely to the activity regulated by the Board; she violated the insurance fraud prevention law; and a licensee of the Board has an on-going duty to demonstrate good moral character. The Board ordered and Dr. Daftari agreed to be reprimanded. Dr. Daftari must pay a penalty in the amount of $2,500.00 and attend and successfully complete a Board approved ethics course in six months. EFFECTIVE DATE: January 25, 2010.

FERNANDO, Marco B., M.D.
License #MA026748
Jersey City, NJ 07305
Manila Central Univ, 1961

FINAL DECISION AND ORDER filed January 20, 2010, Nunc pro tunc, October 14, 2009. This matter was opened to the Board upon the filing of a July 28, 2009 Administrative Complaint and Notice of Hearing. The five count Complaint alleged Dr. Fernando engaged in medical treatment of multiple patients during a period when he did not hold a current license to practice; he engaged in medical practice in New Jersey without the statutorily required malpractice insurance; he provided his physician employer a copy of his license that was fraudulently altered to reflect that the license was current at a time when the license was expired; he billed third party payors for medical services not rendered; and he wrongfully disclosed patients’ individually identifiable health and other personal information. The time to file an Answer expired, was not extended, and Dr. Fernando failed to file an Answer. Subsequently on September 19, 2009, a Notice of Motion for Default was filed with a return date of October 14, 2009. The Board found that adequate service had been effectuated of both the Complaint and the Notice of Motion for Default as Dr. Fernando was actually served at his address of record with the Board and he cannot evade process by failing to respond. Therefore, the Board voted and found Dr. Fernando in default and directed the State to proceed with its proofs regarding the merits of the case against him. The Board found, after reviewing all evidence submitted, that nothing in the record rebuts any of the proofs submitted and that the Attorney General had sustained the burden of proof on all five counts of the Complaint. The Board further found, Dr. Fernando practiced medicine after his license had expired and without malpractice insurance; that he engaged in professional misconduct when he produced a falsified medical license to give the fraudulent impression that his license was valid until 2006 when it expired in 2005; that he billed third parties for medical services that he never performed with respect to multiple patients; that he wrongfully disclosed identifiable health and personal information of patient; and that he permitted the use of his name and license in order to receive payment for services not rendered. The Board ordered the license of Dr. Fernando revoked Nunc pro tunc, effective immediately upon oral announcement on the record on October 14, 2009. Dr. Fernando is to pay penalties in the amount of $90,000.00 and cost in the amount of $40,008.25. EFFECTIVE DATE: October 14, 2009.

GREENSTEIN, Gary D., M.D.
License #MA079483
Perth Amboy, NJ 08861
Sackler Fac, 1994
International

CONSENT ORDER OF REPRIMAND filed January 25, 2010. This matter was opened to the Board upon receipt of information that on or about April 1, 2009, the Massachusetts Board entered into a Consent Order with Dr. Greenstein which provided for a reprimand. More specifically, Dr. Greenstein agreed that he engaged in conduct that undermines the public confidence in the integrity of the medical profession and that he committed misconduct in the practice of medicine. The New Jersey Board determined that Dr. Greenstein’s acts giving rise to the Massachusetts Consent Order provide a basis for disciplinary action in New Jersey. The New Jersey Board ordered and Dr. Greenstein agreed to be reprimanded for his actions in Massachusetts. EFFECTIVE DATE: January 25, 2010.

HOWELL, Clifton, M.D.
License #MA046930
West Orange, NJ 07052
TUFTS Univ Sch of Med, 1983
National Boards

*******NON-DISCIPLINARY******

CONSENT ORDER OF VOLUNTARY SURRENDER filed January 13, 2010. This matter was opened to the Board on or about December 3, 2009, by Verified Complaint seeking the temporary suspension of Dr. Howell license to practice medicine and surgery in New Jersey and for such other relief deemed appropriate. On that same date, an Order to Show Cause was filed requiring Dr. Howell to answer the charges no later than December 8, 2009 and scheduling a hearing date of December 9, 2009 for the Attorney General’s application for temporary suspension. Dr. Howell, through his counsel, being desirous of an additional adjournment of the scheduled hearing, and the Board finding the within disposition protective of the public health, safety and welfare, ordered and agreed to the voluntary surrender of his license to practice medicine and surgery in New Jersey pending further Order of the Board. The hearing scheduled to take place on January 13, 2009, was adjourned and re-scheduled before the Board at its regularly scheduled meeting in February. Dr. Howell immediately ceased the practice of medicine, including but not limited to the treatment of patients and the prescribing or dispensing of medications pending further Order of the Board. Dr. Howell entered into this agreement without admissions and the parties stipulated this to be a non-disciplinary interim resolution. EFFECTIVE DATE: January 13, 2010.

MAKKER, Ram Swaroop, M.D.
License #MA059872
Roslyn Heights, NY 11577
Univ of Geneva, 1987
FLEX Endorsement

FINAL ORDER CONTINUING SUSPENSION OF LICENSE filed January 14, 2010. On November 4, 2009, the New Jersey Board ordered the immediate suspension of Dr. Makker’s license to practice medicine and surgery in New Jersey. As specified in the Order, the New Jersey Board’s action was predicated on the revocation of Dr. Makker’s license to practice in New York. The Board determined the facts which were established in the New York action supported a conclusion that Dr. Makker’s continued practice in New Jersey would endanger or pose a risk to the public health, safety and welfare. This matter was reopened before the Board for the limited purpose of affording Dr. Makker an opportunity to present evidence for the Board to consider in mitigation. A Mitigation Hearing was scheduled before the Board on December 9, 2009. Dr. Makker presented mitigation evidence that demonstrated that he is considered by his medical peers and family members alike to be a hard working and compassionate physician and person. Notwithstanding that testimony, the Board remained convinced, based on the scope and gravity of the findings made in New York following four days of Hearings, that the public interest dictated that Dr. Makker’s license remain suspended in New Jersey at this time. The New Jersey Board would be ready to reconsider their decision in the event that Dr. Makker is successful in his appeal of the New York action. Furthermore, even if Dr. Makker does not succeed on his appeal, the Board would also reconsider our action in the event Dr. Makker is able at some time in the future, to regain entry to practice medicine in the State of New York.
EFFECTIVE DATE: December 9, 2009.

MOSS, Robert H., D.P.M.
License #MD002351
Woodbury Heights, NJ 08097
Temple Univ Sch of Podiatric Med, 1995
National Boards

CONSENT ORDER OF VOLUNTARILY SURRENDERED, DEEMED A TEMPORARY SUSPENSION filed January 7, 2010. This matter was opened to the Board upon receipt of investigative materials pertaining to Dr. Moss. The Attorney General put Dr. Moss on notice of her intention to file a Complaint alleging he had engaged in the use or employment of dishonesty, fraud, deception, misrepresentation, false promise or false pretense; that he engaged in professional or occupational misconduct; that he violated or failed to comply with the provisions of any act or regulation administered by the Board; that he was incapable for medical or any other good cause of discharging the functions of a licensee in a manner consistent with the public’s health, safety and welfare; and that he has prescribed or dispensed controlled dangerous substances indiscriminately or without good cause. Dr. Moss now advises the Board of his desire to consent to the temporary suspension of his license without prejudice and without admissions. The Board ordered and Dr. Moss agreed to voluntarily surrender his license to be deemed a temporary suspension. EFFECTIVE DATE: December 23, 2009.

PATEL, Mehmood M., M.D.
License #MA027789
Lafayette, LA 70506
Baroda Univ Med Sch, 1970
Examination

CONSENT ORDER OF VOLUNTARY SURRENDER OF LICENSURE filed January 15, 2010. This matter was opened to the Board upon receipt of information that on or about April 20, 2009, the Louisiana Board entered into a “Stipulation and Agreement for Voluntary Surrender of Medical License,” at which time Dr. Patel voluntarily surrendered his medical license to be deemed a revocation of licensure. More specifically, the Stipulation was based upon a jury verdict entered against Dr. Patel on or about December 30, 2008, at which time he was found guilty of fifty-one counts of healthcare fraud. A “Judgment in a Criminal Case” was entered on or about June 8, 2009, which provided for imprisonment of 120 months per count to run concurrently; restitution of $387,511.56; a fine of $175,000.00; and costs of supervision and incarceration. The New Jersey Board determined Dr. Patel’s criminal conviction together with the Louisiana disciplinary action provided a basis for disciplinary action in New Jersey. The New Jersey Board ordered and Dr. Patel agreed to the immediate surrender of his license to practice medicine and surgery in New Jersey to be deemed a revocation of license. EFFECTIVE DATE: January 15, 2010.

POLLACK, Joshua D.,
License #MA050600
Phillipsburg, NJ 08865
New York Medical School, 1982
National Boards

CONSENT ORDER OF REPRIMAND filed January 25, 2010. This matter was opened to the Board based on allegations that Dr. Pollack had employed improper billing practices and committed insurance fraud pertaining to endoscopies on four pediatric patients. Dr. Pollack appeared and testified before the Preliminary Evaluation Committee (the “PEC”) of the Board on April 16, 2008, with his attorney. On four occasions, Dr. Pollack treated pediatric patients and billed for performing a nasal endoscopy when it appears that he did not perform a nasal endoscopy on these children. In addition, the documentation in Dr. Pollack’s medical records of these patient visits failed to comply with Board requirements and regulations. The Board ordered and Dr. Pollack agreed to be reprimanded for improper billing and failing to maintain proper medical records. Dr. Pollack is to successfully complete Board approved courses on ethics and record keeping; he is to reimburse all monies received in payment of the four endoscopies he did not perform; and he is to pay cost in the amount of $17,864.00 and penalty in the amount of $10,000.00. EFFECTIVE DATE: January 25, 2010.

PONAMGI, Suri B., M.D.
License #MA032845
Fort Lee, NJ 07024-6329
Andhra Med Col, 1969
FLEX Endorsement

CONSENT ORDER OF REPRIMAND filed January 29, 2010. This matter was opened to the Board upon notice from the Food and Drug Administration (“FDA”) that it had undertaken an investigation of Dr. Ponamgi relating to his use of an unapproved drug on a patient. Dr. Ponamgi purchased and administered to one patient a Botulinum Toxin which was unapproved for human use. There are no reports that the patient suffered any harm. Dr. Ponamgi cooperated in the Board’s investigation by acknowledging use of the unapproved drug on one patient and provided corroborative information. The Board found Dr. Ponamgi had engaged in both professional misconduct and gross negligence. The Board ordered and Dr. Ponamgi agreed to be reprimanded for his conduct. Dr. Ponamgi must enroll in and successfully complete a Board approved medical ethics course within twelve months of the entry of this Order. Dr. Ponamgi must pay penalty in the amount of $5,000.00 and costs in the amount of $444.32, upon the execution of this Order. EFFECTIVE DATE: January 29, 2010.

SHERZOY, Ali A., M.D.
License #MA061401
Tenafly, NJ 07670
King Edward medical College, 1983
FLEX Endorsement

CONSENT ORDER OF SUSPENSION AND PROBATION filed January 15, 2010. This matter was opened to the Board upon notification that on June 30, 2008, Dr. Sherzoy pled guilty to one count of criminal sexual contact and sentenced to two years probation. This guilty plea and/or the conduct underlying the pleas, Dr. Sherzoy admitted to constituted a conviction of or engagement in acts constituting a crime or offense involving moral turpitude. The Board ordered and Dr. Sherzoy agreed to his license to practice medicine and surgery in New Jersey be suspended for two years, the first six months to be active and the remainder to be stayed and served as probation. The period of active suspension will commence sixty days from the date this Order is entered by the Board. Prior to the end of the active term of suspension, Dr. Sherzoy must appear before a Committee of the Board to discuss this matter and his fitness to return to the active practice of medicine. Dr. Sherzoy is to attend and successfully complete a medical boundary’s course approved in advance by the Board and provide proof of his attendance and successful completion. Dr. Sherzoy is to pay a penalty in the amount of $10,000.00 and costs in the amount of $1,800.00. EFFECTIVE DATE: March 15, 2010.

SONZA, Patricio A., M.D.
License #MA040814
Flemington, NJ 08822-7119
Univ of Santo Tomas, 1973
FLEX Endorsement

ORDER ACCEPTING SURRENDER OF LICENSE filed January 29, 2010. This matter was opened before the Board upon the Board’s receipt of a report from the Medical Practitioner Review Panel (the “Panel”) detailing findings and recommendations that were made by the Panel at the completion of an investigation of the practice of Dr. Sonza. The Panel commenced an investigation of Dr. Sonza’s practice upon receiving notice from a Medical Center that his practice privileges were summarily suspended on July 28, 2008. The summary suspension was based on Dr. Sonza’s performing a procedure on the wrong patient, failing to respond to a patient’s emergent condition post operatively, and failing to monitor a patient’s blood pressure during the administration of anesthesia. Dr. Sonza appeared before the Panel on January 23, 2009, and testified concerning the cases which led to the summary suspension of his privileges. During the course of its investigation, the Panel reviewed relevant documentation supplied by the Medical Center, and the testimony Dr. Sonza offered when he appeared before the Panel. The Panel found that grounds for disciplinary action against Dr. Sonza existed based on two separate incidents which occurred at the Medical Center. The Board adopted the report and findings of the Panel and concluded that grounds for disciplinary action against Dr. Sonza existed. Dr. Sonza represented that he will voluntarily surrender his medical license in New Jersey and that he will hereafter refrain from engaging in any further practice of medicine or surgery in New Jersey or anywhere else. The Board is satisfied that Dr. Sonza’s voluntary surrender of his New Jersey license, coupled with his representation that he will hereafter refrain from engaging in any medical practice in New Jersey or elsewhere, obviates the need for further administrative proceedings in this matter. The Board ordered and Dr. Sonza agreed to surrender his license to practice medicine and surgery in New Jersey with prejudice. EFFECTIVE DATE: January 29, 2010.

STANSBURY, Frederick, D.O.
License # MB055360
Somerset, New Jersey 08873
Kirksville College of Osteopathic Medicine, 1985
National Boards

CONSENT ORDER OF REINSTATEMENT filed January 25, 2010. This matter was most recently opened to the Board upon receipt of a request from Dr. Stansbury seeking to resume the practice of medicine in New Jersey. Dr. Stansbury’s New Jersey license is currently expired. In 2003, the Iowa Board entered a Settlement Agreement and Final Order assessing civil penalties and citing Dr. Stansbury for professional incompetency, unethical/unprofessional conduct, and engaging in a practice harmful/detrimental to the public. The New Jersey Board acted upon this information by issuing a Final Order of Discipline, filed on January 3, 2005, which required Dr. Stansbury to appear before a Committee of the Board to demonstrate fitness to resume practice prior to him practicing medicine in New Jersey. Dr. Stansbury sought reinstatement of his New Jersey license in 2006, and at the request of the Board completed a two-day assessment of his medical knowledge and clinical skills. In 2008, Dr. Stansbury completed the on-line Physician Refresher Course. On October 21, 2009, Dr. Stansbury appeared before the Preliminary Evaluation Committee of the Board (the “PEC”) to demonstrate his fitness to resume the practice of medicine and testified that he has been in recovery since December 2002, and he has been abstinent from alcohol since that time. Dr. Stansbury has been enrolled in the Professional Assistance Program (the “PAP”) since 2005 and has undergone random urine monitoring regularly until the present with all results negative for the presence of psychoactive substances. The Executive Medical Director of the PAP appeared with Dr. Stansbury and wholeheartedly recommended that Dr. Stansbury’s license be reinstated with certain monitoring stipulations. The Board found that Dr. Stansbury has been fully compliant with all terms of the Final Order of Discipline and subsequent directions of the Board and has been in solid recovery for an extended period of time and is fit to practice medicine. The Board ordered and Dr. Stansbury agreed prior to the reinstatement of his license, he will successfully complete all renewal application requirements and undergo a criminal history background check to the satisfaction of the Board, after which his reinstatement will be subject to the following terms and conditions. Dr. Stansbury must continue his enrollment in the PAP and comply with the monitoring program; he is to maintain absolute abstinence from all psychoactive substances, including alcohol; attend support group meetings of Alcoholics Anonymous no less than three meetings per week; submit to continued monitoring by the PAP and met with a clinical representative of the PAP on a face-to-face basis at least once every ninety days for the first year of his return to practice; undergo random witnessed urine monitoring under the supervision of the PAP; he is to ensure that the PAP supply reports to the Board on his progress every ninety days; and he is to be directly supervised at all professional settings by a supervisor pre-approved by the Board. EFFECTIVE DATE: January 25, 2010.

THE NEW JERSEY STATE
BOARD OF MEDICAL EXAMINERS

William V. Roeder
WVR/jj Executive Director