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

BERGE, Scott, A., A.T.
License #MT000242
Sussex, NJ 07461-4502
Lock Haven Univ, 1988
Unknown

CONSENT ORDER OF REPRIMAND filed June 11, 2010. This matter was opened to the Board upon receipt of an application for reinstatement of license of Scott A. Berge to practice athletic training in New Jersey. Mr. Berge’s license to practice athletic training expired on January 31, 2009, nonetheless, Mr. Berge practiced athletic training from August 15, 2009 to November 17, 2009, with an expired license. Mr. Berge’s license was reinstated on November 18, 2009, upon the payment of the appropriate fees. The Board ordered and Mr. Berge agreed to be reprimanded for the unlicensed practice of athletic training. Mr. Berge must pay a penalty in the amount of $250.00, contemporaneously with the signing of this Order. EFFECTIVE DATE: June 11, 2010.

FIGARO, Nicolle, K, A.T.
License #MT000535
Ocean, NJ 07712
Springfield College, 1992
Unknown

CONSENT ORDER OF REPRIMAND filed June 11, 2010. This matter was opened to the Board upon receipt of an application for reinstatement of the license of Ms. Figaro to practice athletic training in New Jersey. Ms. Figaro’s license to practice athletic training expired on January 31, 2009, nonetheless, Ms. Figaro’s practiced athletic training from February 1, 2009 to March 10, 2010, with an expired license. Ms. Figaro’s license was reinstated on March 11, 2010, upon the payment of the appropriate fees. The Board ordered and Ms. Figaro agreed to be reprimanded for the unlicensed practice of athletic training. Ms. Figaro must pay a penalty in the amount of $1,000.00, contemporaneously with the signing of this Order. EFFECTIVE DATE: June 11, 2010.

FLEMING, Kevin M., M.D.
License #MA046720
Haddon Heights, NJ 08035
Georgetown Univ., 1979
National Board

ORDER OF SUSPENSION OF LICENSE filed June 14, 2010. This matter was opened before the Board by way of a Complaint filed on October 7, 2007 against Dr. Fleming. The Complaint alleged in Counts I through V that Dr. Fleming repeatedly prescribed Controlled Dangerous Substances (“CDS”) in excessive dosages and frequencies thus deviating from accepted standards of medical practice in connection with six patients and inadequate record keeping was alleged in each of the counts. It was further alleged in Count VI of the Complaint that Dr. Fleming employed deceptive billing practices on numerous occasions and charged excessive fees. Dr. Fleming filed an Answer denying the allegations and the matter was transferred to the Office of Administrative Law (“OAL”) as a contested case. The Hearing was held on July 13, 14, 15, 16 and 20 of 2009, and the record was closed on December 15, 2009. On February 9, 2010, the Initial Decision was filed by the Administrative Law Judge (“ALJ”). On May 12, 2010, the parties appeared before the Board and at that time stipulated to the proposed Findings of Facts and Conclusions of Law of the Initial Decision with an exception by the Attorney General as to the ALJ’s finding that Dr. Fleming acted in good faith in the treatment of his patients. The Board, following deliberations, adopted in full the Findings of Fact and Conclusions of Law of the ALJ with respect to Dr. Fleming’s conduct. After conducting a Mitigation Hearing, the Board found, and concurred with the ALJ, that Dr. Fleming engaged in gross malpractice and/or repeated acts of negligence as to each of the five patients; that he engaged in indiscriminate prescribing of CDS to those same five patients; that he failed to maintain proper patient records in each of the five patients; that he engaged in professional misconduct; that he violated the Board’s regulations against charging excessive fees; and that he failed to comply with the other provisions of the regulations administered by the Board. The Board, in making this determination, took into consideration the impressive testimony and written submissions by medical professionals and others as to Dr. Fleming’s character and professional attestation. The Board ordered the license of Dr. Fleming to engage in the practice of medicine and surgery in New Jersey suspended for five years, with two years of the suspension to be actively served and the remainder to be served as probation. Dr. Fleming is to pay costs in the amount of $78, 388.41 and a penalty in the amount of $105,000.00. Prior to consideration of any application for reinstatement of his license following the active period of suspension, Dr. Fleming must appear before a Committee of the Board and demonstrate his fitness and competence to practice and that he has successfully completed Board approved courses in recording keeping and the prescribing of controlled dangerous substances. EFFECTIVE DATE: June 14, 2010.

GRABIAK, Jr. Charles F., M.D.
License #MA048981
Jobstown, New Jersey 08041
Jefferson Medical College, 1984
National Boards

CONSENT ORDER OF REINSTATEMENT OF LICENSURE filed June 23, 2010. This matter was most recently opened to the Board upon receipt of a request from Dr. Grabiak seeking to reinstate his medical license, which he voluntarily surrendered by way of a Consent Order on April 11, 2007, after the Board received information that Dr. Grabiak relapsed into the abuse of alcohol. Dr. Grabiak entered into an in-patient treatment program, followed by a three week out-patient program and has been in documented recovery since January 2008 and in treatment with the Professional Assistance Program (“PAP”). Dr. Grabiak and the Executive Medical Director of the PAP appeared before a Committee of the Board on January 6, 2010, at which time Dr. Grabiak testified that he had completed weekly urine screens as a necessary component of maintaining his sobriety and that he has been in documented recovery for more than two years. The Board found Dr. Grabiak has been in stable recovery for more than two years and that he is now fit to practice medicine. The Board ordered and Dr. Grabiak agreed to the granting of his license to practice medicine in New Jersey with terms and conditions. Dr. Grabiak is to maintain absolute abstinence from alcohol, all CDS and potentially addictive substances; he is to attend support group meetings of AA/NA at a minimum of three meetings per week; undergo random witnessed urine monitoring a minimum of once per week for a minimum of one year; ensure the PAP supply quarterly reports to the Board regarding his progress with the monitoring program; and that he attend regular face-to-face meetings with a staff member of the PAP on a monthly basis. Dr. Grabiak also agreed to the automatic suspension of his license without notice upon the Board’s receipt of any information the Board deems reliable and that demonstrates that he has failed to comply with any of the conditions or provisions set forth in this Order. EFFECTIVE DATE: June 23, 2010.

JAMES, Darren, D.P.M.
License #MD002179
Newark, NJ 07104
N.Y. College of Podiatric Med, 1991
National Boards

DENIAL OF A REQUEST FOR AN AMENDMENT OF ORDER OF REINSTATEMENT OF LIMITED LICENSURE filed June 17, 2010, nunc pro tunc April 1, 2010. This matter was opened to the Board upon Dr. James petition to lift the restrictions placed upon his license by the Order of Reinstatement of Limited Licensure filed January 8, 2007. Dr. James’ license to practice podiatry was revoked April 26, 2000, following his conviction in both Federal and State Courts for Medicaid Fraud. The Order of Revocation provided that Dr. James could re-apply for licensure after two years; that he had to complete community service in a non-podiatry setting; pay certain costs and fees; and complete a Board approved ethics course. Dr. James applied for full reinstatement of licensure in March 2003, but was denied by Order filed June 20, 2003. Dr. James again applied for reinstatement, appearing before a Committee of the Board on May 25, 2005, at which time he demonstrated that he had satisfactorily completed the two year requirement and the community service requirement. At the Board’s suggestion, Dr. James submitted to a practice assessment and agreed to a reinstatement with limitations and a program of remediation. The program of remediation was detailed in the Board’s Order of Reinstatement of Limited Licensure filed January 8, 2007. A preceptor was identified to supervise Dr. James and communicate with the Board’s Medical Director as to his progress along a staged time line. The preceptor was to have begun reporting to the Board no later than March 2007. The preceptor, however, only submitted on May 25, 2009, a letter to the Board noting that Dr. James had yet to demonstrate sufficient documentation of his clinical capabilities and recommended further continuation and evaluation of his clinical experience and surgical procedures. Dr. James petitioned the Board to amend the Order to permit him to enroll in a program or seminar that teaches surgical procedures in lieu of requiring a preceptor to review his work, due to difficulties in assembling the requisite twenty cases required under the Order, as well as the financial burden the review was costing. It appeared to the Board that Dr. James has not yet fully satisfied the terms of the Order of Reinstatement of Limited Licensure filed January 8, 2007. Accordingly, the Board denied Dr. James’ petition to lift the restrictions placed on his podiatric license. Dr. James’ license to practice podiatric medicine will continue with the limitations set forth in the Order of Reinstatement of Limited Licensure filed January 8, 2007, and he is to fully and successfully complete and continue with the preceptor until such time as the preceptor has documented for the Board, satisfactory clinical capacity. Upon receipt of documentation of his satisfactory completion of the Surgical Preceptorship Program for soft tissue and osseous surgery of digits as well as the metatarsal region, including the reporting of the preceptor for one year. Dr. James can make his request for an appearance before the Board to lift the restrictions in place according to the Order of Reinstatement of Limited Licensure filed January 8, 2007 upon compliance with these conditions. EFFECTIVE DATE: April 1, 2010.

LAHIRI, Swapnadip, M.D.
License #MA063137
Saddlebrook, New Jersey 07663
RG Kar Medical College/Calcutta Univ, 1969
FLEX Endorsement

FINAL DECISION AND ORDER filed June 14, 2010, effective March 10, 2010. This matter was returned to the Board following a ten day Hearing at the Office of Administrative Law and the entry of an Initial Decision by an Administrative Law Judge (“ALJ”) on December 24, 2009. This matter was initiated via an Administrative Complaint which alleged in Count I through V that Dr. Lahiri performed negligent and inadequate examinations of six patients and then inflated the coding and billing of the examinations; performed, directed, or condoned inadequate or incomplete electrodiagnostic testing; fabricated test results and then unbundled the services to inflate the billing; misrepresented or omitted professional information including his professional address on his reports, bills and forms; failed to notify the Board of his license surrender in New York in violation of the requirements. Dr. Lahiri surrendered his license to practice medicine in New York in an application in which he agreed that he was unable to defend against a specification which alleged unwarranted tests/treatments and that this conduct constituted gross and repeated negligence, incompetence and professional misconduct. It also was alleged that as his name was stricken from the roster of physicians in New York, his authority to engage in practice in New York had been suspended or revoked. The ALJ in his decision found that all counts of the Administrative Complaint had been proven. The New Jersey Board, after reviewing the entire record including the multifaceted, far reaching, and numerous deficiencies as to every aspect of Dr. Lahiri’s practice as noted throughout the ALJ’s decision, concluded that this multiplicity of violations could not be the result of ignorance or lack of training alone. The Board therefore adopted and incorporated the factual findings of the ALJ, with the exception that it found that Dr. Lahiri’s conduct was a result not only of incompetence, but of intentional, willful conduct on his part as well. The Board also adopted the proposed Conclusions of Law of the ALJ. The Board ordered the license of Dr. Lahiri revoked, effective immediately upon oral announcement on the record on March 10, 2010. Prior to any application for reinstatement of license, Dr. Lahiri must undergo a focused evaluation with an entity approved by the Board and comply with the recommendations of the evaluation; he is to fully attend and successfully complete courses in ethics, record keeping, coding and billing, and all approved by the Board; he is to appear before the Board or a Committee if requested and successfully demonstrate his fitness and competency to the Board’s satisfaction; he is to pay a penalty in the amount of $85,000.00 and costs in the amount of $140,304.60; and he is to pay restitution in the amount of $5,032.52. EFFECTIVE DATE: March 10, 2010.

RIVERA, Carlos G., M.D.
License #MA061842
Long Branch, NJ 07740
Auton Nat’l Univ, 1984
FLEX Endorsement

ORDER GRANTING UNRESTRICTED LICENSURE filed June 6, 2010. This matter was first opened to the Board upon receipt of investigative information pertaining to Dr. Rivera. On July 6, 2005, Dr. Rivera entered into an Interim Consent Order which required him to undergo a full evaluation and assessment by the Center for Personalized Education for Physicians (“CPEP”). In addition, the Interim Consent Order set forth limitations and restrictions on his treatment of chronic pain patients, and his prescription of Controlled Dangerous Substances. In February 2010, CPEP advised the Board that Dr. Rivera had successfully completed all of its requirements. The Board is now satisfied that Dr. Rivera has been totally compliant with the terms of the Interim Consent Order filed July 6, 2005. The Board ordered Dr. Rivera an unrestricted license to practice medicine and surgery in New Jersey. EFFECTIVE DATE: June 6, 2010.

WELCH, Christopher T., A.T.
License #MT000505
Newtown, PA 18940-1632
Univ of Delaware, 1991
Unknown

CONSENT ORDER OF VOLUNTARILY SURRENDER, DEEMED A REVOCATION filed June 9, 2010. This matter was opened to the Board upon receipt of information that on or about November 18, 2008, Mr. Welch pled guilty to six counts of endangering the welfare of a child. On January 30, 2009, he was sentenced to five years probation and concurrent with the probation, the Court sentenced him to submit to an updated psychological sex offender evaluation; complete a program of treatment and counseling required by probation; and maintain employment during probation. The Judgment of Conviction also ordered him to have no unsupervised contact with unrelated females under the age of 16 and to surrender his teaching certificate and his athletic trainer’s license. Mr. Welch’s license to practice athletic training expired on January 31, 2009, and was not renewed and therefore, was suspended by operation of law. The Board found Mr. Welch’s guilty plea and the acts giving rise to the criminal conviction provided a basis for disciplinary action for he was convicted of a crime relating adversely to the practice of athletic training. The Board ordered and Mr. Welch agreed to voluntarily surrender his license, to be deemed a revocation. EFFECTIVE DATE: June 9, 2010.

THE NEW JERSEY STATE
BOARD OF MEDICAL EXAMINERS

William V. Roeder
WVR/jj Executive Director