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July 2009
"BOARD ACTIONS SUMMARY"

The New Jersey State Board of Medical Examiners (the "Board") has taken the following actions in July 2009. This information is a summary prepared by the Board Administrative Office staff. Copies of the Orders can be found at www.njmedicalboard.gov under the right-hand pull down menu, "Board Activities," "Monthly Summaries." Requests for certified, true copies should be made in writing directed to William V. Roeder, Executive Director, P.O. Box 183, Trenton, New Jersey 08625.

CERONE, Anthony J., Jr., D.O.
License #MB038108
Sewell, NJ 08080-3201
Phil Coll of Osteo Med, 1979
Reciprocity

CONSENT ORDER OF SUSPENSION filed July 1, 2009. This matter was opened before the Board upon the Board’s receipt of a report from the Medical Practitioner Review Panel(“Panel”), detailing recommendations made by the Panel at the conclusion of an investigation concerning Dr. Cerone. Specifically, the Panel commenced an investigation of Dr. Cerone’s conduct upon receipt of notification that conditions and limitations, including practice monitoring and mandatory chaperoning requirements for certain examinations, were placed on Dr. Cerone’s continued practice at Kennedy Hospital. It was reported that Dr. Cerone’s admitted that on August 22, 2008, he conducted an external genital and internal vaginal examination for urinary incontinence upon a psychiatric patient without wearing gloves, without having a chaperone present and without documenting the examination within the patient chart. Dr. Cerone appeared before the Panel on March 20, 2009 with counsel, offered testimony concerning the incidents and admitted the same statements as he did when questioned by hospital officials at Kennedy. Based on the above admissions, the Board found that Dr. Cerone engaged in professional misconduct during the course of his evaluation of patient J.P. The Board ordered, and Dr. Cerone agreed to, the suspension of his medical license for two years. At a minimum the first six months of said suspension will be served as an active suspension. During the period of active suspension, Dr. Cerone must submit to a psychosexual evaluation and pay a penalty in the amount of $20,000.00 over the course of the two-year suspension. EFFECTIVE DATE: June 26, 2009.


FRASER, Keith E. M.D.
License #MA053154
Verona , New Jersey 07044
University of Penn Sch of Med, 1982
National Boards

FINAL CONSENT ORDER filed July 17, 2009. This matter was opened to the Board upon receipt of information that on December 9, 2008, Dr. Fraser was indicted in the Superior Court of New Jersey for the aggravated criminal sexual contact of C.G., a patient at his medical office. Dr. Fraser denied touching C.G. inappropriately when questioned by detectives of the police department. Dr. Fraser entered into an Interim Consent Order with the Board on January 15, 2009, which provided for the monitoring of all his encounters with female patients. On January 26, 2009, Dr. Fraser entered the Pre-Trial Intervention Program and stated under oath in the Superior Court of New Jersey that during an examination of patient C.G. at his medical office, he touched C.G.’s breast for no medical purpose. The Board found that Dr. Fraser’s conduct constituted the employment of dishonesty, fraud, deception or misrepresentation; that he engaged in professional or occupational misconduct; that he engaged in acts constituting a crime or offense involving moral turpitude or relating adversely to the activity regulated by the Board; and that he had an ongoing duty to demonstrate good moral character. The Board ordered, and Dr. Fraser agreed to, his license to practice medicine and surgery be suspended for three years. The initial year of said suspension will be served as an active suspension, with the remaining two years stayed and served as a period of probation conditioned upon Dr. Fraser’s compliance. Dr. Fraser’s active suspension began thirty days after the entry of this Order. Dr. Fraser is to pay a civil penalty in the amount of $10,000.00 and costs in the amount of $3,201.03 and he is to attend and successfully complete a Board approved ethics course to be completed within one year of the date of the entry of this Order. Dr. Fraser may resume practice after the successful completion of the terms of this Order and following an appearance before a committee of the Board. Failure to remit any and all payments required by this Order will result in the filing of a Certificate of Debt. The Consent Order filed January 15, 2009, shall be vacated in its entirety thirty (30) days after the entry of this Order. EFFECTIVE DATE: July 17, 2009.

GALLAGHER, R. Michael, D.O.
License #MB033428
Vero Beach, FL 32963
Phil Col of Osteo Med, 1976
National Boards

CONSENT ORDER GRANTING SURRENDER OF LICENSE TO BE DEEMED A REVOCATION filed July 21, 2009. This matter was opened to the Board upon notification that on November 12, 2008, following a nearly eleven-week trial in the United Stated District Court, a jury returned a verdict of guilty against Dr. Gallagher on three counts of dishonest services, mail fraud, two counts of phones services, wire fraud, and one count offering and giving a corrupt thing of value involving an organization receiving Federal funds. The Board found the Federal offenses Dr. Gallagher for which he was found guilty constituted the use or employment of dishonesty, fraud, deception, misrepresentation, false promise, or false pretense; professional misconduct; and that being convicted of or engaging in acts constituting any crime or offense involving moral turpitude and/or relating adversely to the practice of medicine subjected Dr. Gallagher to disciplinary actions by the Board. Dr. Gallagher requested to surrender his New Jersey license to practice, with such surrender to be deemed a revocation of licensure. Dr. Gallagher acknowledged the guilty verdict rendered and he does not waive his right to appeal his conviction, and his consent to this Order will not be deemed an admission of any liability or guilt in his criminal case or an admission of any facts in dispute in his case. The Board ordered, and Dr. Gallagher agreed to immediately surrender his license to practice medicine and surgery in New Jersey, with said surrender to be deemed a revocation. Unless the Judgment of Conviction in Dr. Gallagher criminal case is not entered or otherwise is vacated for any reason, Dr. Gallagher cannot re-apply for licensure in New Jersey unless and until he satisfies each and every term of the sentence imposed by the United States District Court. If Dr. Gallagher wishes to re-apply for licensure, he will be required to demonstrate his compliance with the terms of his Federal sentence and his statutory eligibility for licensure in a submission to the Board. EFFECTIVE DATE: July 10, 2009.

KUNASZUK, Rose Marie E., C.N.M.
License #ME000310
Conshohocken, PA 19428

CONSENT ORDER OF REPRIMAND filed July 24, 2009. This matter was opened before Board upon the receipt of information detailing that a payment of $350,000.00 had been made on behalf of Rose Marie Kunaszuk, C.N.M., to settle a Civil Malpractice action brought against her by patient K.A. The civil suit was predicated upon allegations that Ms. Kunaszuk failed to timely inform her affiliated physician of a poor fetal heart rate tracing which lead to a birth injury and ultimately, the death of K.A.’s infant child. The Board ordered and Ms.Kunaszuk agreed to be reprimanded for engaging in repeated acts of negligence when providing care to patient K.A. and for failing to adequately document K.A.’s hospital chart. Ms. Kunaszuk is to pay a penalty in the amount of $5,000.00, at the time of entry of this Order. Ms. Kunaszuk must attend and successfully complete within six months of this Order, a continuing medical education course pre-approved by the Board in interpretation of fetal heart rate tracings and a course in record keeping, with successful documentation of completion provided to the Board. EFFECTIVE DATE: July 24, 2009.

MACHERET, Leonid, M.D.
License #MA047286
Cincinnati, OH 45246
Moscow Med Inst of Health, 1977
Examination

CONSENT ORDER OF SUSPENSION OF LICENSURE filed July 13, 2009. This matter was opened to the Board upon receipt of information that on or about December 10, 2008, the Ohio Board entered an Entry of Order against Dr. Macheret. The Order incorporated a Report and Recommendation at which time Dr. Macheret’s certificate to practice medicine and surgery was permanently revoked, but stayed and his certificate was suspended for an indefinite period of time, but not less than one year. More specifically, the Ohio Board found Dr. Macheret engaged in a sexual relationship with a patient. As a result of the Ohio Board disciplinary action, the New Jersey Board determined Dr. Macheret’s acts provided a basis for disciplinary action against his New Jersey license to practice medicine and surgery. The New Jersey Board ordered, and Dr. Macheret agreed to the suspension of his license until such time as he holds an active, unrestricted certificate to practice medicine in Ohio. In the event Dr. Macheret seeks reinstatement of his New Jersey license at any time in the future he will be required to appear before a Committee of the Board to establish that he is fit to practice medicine in New Jersey and that he holds an active, unrestricted certificate in Ohio. EFFECTIVE DATE: July 13, 2009.

MANZELLA, John R, M.D.
License #MA022401
Freehold, New Jersey 07728
Univ. Of Padova

FINAL DECISION AND ORDER filed July 31, 2009. This matter commenced with the filing of a Complaint against Dr. Manzella on March 3, 2008. Dr. Manzella filed an Answer denying the allegations on March 13, 2008. This matter was referred to the Office of Administrative Law(“OAL”) on March 26, 2008, and on June 17, 2008, a Motion for Summary Decision was filed as to counts III, V, VI. On June 25, 2008, Dr. Manzella filed a response to the Summary Decision and the Attorney General’s reply was filed on July 8, 2008. By Order dated July 11, 2008, Administrative Law Judge (ALJ) Douglas Herd granted the Attorney General’s Motion for Summary Decision as to Counts III, V, VI. The Attorney General’s motion did not seek summary decision as to Counts I and II. The Board of Medical Examiners reviewed ALJ Hurd’s determination granting partial summary decision at the end of the contested case and adopted the findings of fact and conclusions of law included with the Initial Decision in toto as part of its final Decision. Dr. Manzella did not file exceptions. Based upon the entirety of the record in this case and the arguments of counsel, the board adopted the findings of facts and the conclusions of law of ALJ Hurd. Thus, the Board found that Dr. Manzella sexually assaulted M.W. by inappropriately touching her breasts and buttocks on multiple occasions and asking her if he could have sex with her in the context of the provision of injections that would make her incoherent. The Board further found that his acts constituted professional misconduct, sexual misconduct, acts constituting a crime or offense involving moral turpitude, repeated failures to comply with the provisions of an act or regulation administered by the Board, and demonstrated a lack of good moral character which is a requisite to maintaining a license to practice medicine in the State of New Jersey. The Board also found that Dr. Manzella practiced medicine from August 4, through September 20, 2005 while unlicensed as his license was suspended by operation of law due to his failure to timely renew it. It was ordered and was effective upon the oral announcement of the Order on the record on June 10, 2009, that the license of John R. Manzella, M.D. to practice medicine and surgery in the State of New Jersey be revoked. Dr. Manzella shall cease and desist any practice of medicine in the State of New Jersey. Dr. Manzella shall pay a monetary penalty of $30,000.00 within thirty days and costs in the amount of $64,131.36 shall be paid in 10 days. In the event that Dr. Manzella does not timely submit civil penalties or costs, a certificate of debt shall be filed. EFFECTIVE DATE: June 10, 2009.

PARK, Chong, H., M.D.
License #MA043907
Montclair, NJ 07042-1804
Chonnam Nat’l Univ, 1973
FLEX Endorsement

REINSTATEMENT ORDER WITH LIMITATIONS filed July 9, 2009. This matter was opened to the Board upon the filing of an Administrative Complaint against Dr. Park on January 18, 2007. The Complaint alleged Dr. Park inappropriately prescribed human growth hormones to three patients without a legitimate medical justification; without appropriately monitoring or treating the patients for side effects caused by the medication; and without maintaining proper medical records. Without making any admission of wrongdoing, Dr. Park consented to a Final Consent Order filed by the Board on August 13, 2008, which required him to be suspended for two years, with the first six months of suspension to be active, and the remaining to be stayed and served as probation contingent on his compliance with all the terms of the Final Order. Dr. Park appeared with counsel before a Committee of the Board on March 25, 2009, and submitted proof that he successfully completed a Board approved ethics course, paid all of his penalties, fines and fees and has fully complied with all other aspects of the August 13, 2008 Final Order. The Board ordered, and Dr. Park agreed to, the reinstatement of his medical license to practice medicine and surgery in New Jersey. The remainder of Dr. Park’s suspension will be stayed and served as a period of probation until August 13, 2010. Dr. Park is to continue to permanently cease and desist from prescribing any hormones, anabolic steroids or anabolic agents to any of his patients. EFFECTIVE DATE: July 9, 2009.

PEARL, Richard E., M.D.
License #MA034894
New York, NY 10022
University Autonoma de Guadalajara, 1974
FLEX Endorsement

ORDER GRANTING UNRESTRICTED LICENSURE filed July 20, 2009. This matter was first opened to the Board upon receipt of information that Dr. Pearl had applied for an unrestricted medical license following a Final Order of Discipline filed on January 31, 2002, which suspended his medical license until he could demonstrate that there are no restrictions on his New York License. On June 3, 2009, Dr. Pearl appeared before the Preliminary Evaluation Committee of the Board in support of his petition for unrestricted licensure. The Board was satisfied that Dr. Pearl’s license to practice medicine in New York has been restored without restriction, effective October 29, 2008. Dr. Pearl maintained currency in his field by taking numerous, continuing education courses including academic courses and cadaver courses to maintain his surgical skills. The New Jersey Board ordered Dr. Pearl an unrestricted license to practice medicine and surgery in New Jersey. EFFECTIVE DATE: July 20, 2009.

WATSON, Daryl C., M.D.
License #MA057671
Philadelphia, PA 19144-5357
Temple Univ Sch of Med, 1990
Examination

CONSENT ORDER OF SUSPENSION OF LICENSURE filed July 13, 2009. This matter was opened to the Board upon receipt of information that on or about December 23, 2008, the Pennsylvania Board entered an Adjudication and Order against Dr. Watson, at which time Dr. Watson’s license to practice medicine and surgery was suspended for two years. Prior to Dr. Watson’s reinstatement in Pennsylvania, he was required to successfully complete a continuing education course on sexual boundary issues and to submit to a Board-approved psychiatrist for evaluation to determine if he is fit to safely practice the profession. Additionally, on or about January 11, 2008, Dr. Watson was found guilty of indecent assault in the Philadelphia Court. Thereafter, on or about March 14, 2008, an Order was entered placing Dr. Watson on probation for two years, requiring him to continue outpatient treatment and to perform five hundred hours of community service, together with other terms and conditions. As a result of the disciplinary action taken against Dr. Watson’s license in Pennsylvania, the New Jersey Board determined that Dr. Watson’s criminal conviction provided a basis for disciplinary action against his New Jersey license. The Board ordered and Dr. Watson agreed to the suspension of his license to practice medicine and surgery until he holds an active, unrestricted license to practice medicine in Pennsylvania. In the event Dr. Watson’s seeks reinstatement of his New Jersey license at any time in the future, he will be required to appear before a Committee of the Board to establish that he is fit to practice medicine in New Jersey; to demonstrate to the Board’s satisfaction that he holds an active, unrestricted medical license in Pennsylvania, and to demonstrate that he has fully complied with all terms and conditions of his probation, as well as the Order entered in connection with his criminal conviction. EFFECTIVE DATE: July 13, 2009.


THE NEW JERSEY STATE
BOARD OF MEDICAL EXAMINERS

William V. Roeder
WVR/jj Executive Director


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