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September 2009
"BOARD ACTIONS SUMMARY"

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

BROWNSTEIN, Steven P., M.D.
License #MA035179
Springfield, NJ 07081-3024
UMDNJ, 1975
National Boards

ORDER GRANTING UNRESTRICTED LICENSURE filed September 22, 2009. This matter was recently opened to the Board upon receipt of a request from Dr. Brownstein for an unrestricted medical license. On August 26, 2009 Dr. Brownstein appeared before a Committee of the Board with counsel in support of his petition for unrestricted license. Dr. Brownstein testified about his compliance and the Board is satisfied that Dr. Brownstein has complied with the Final Order of Agreement that was filed on October 12, 2007. The Board ordered that Dr. Brownstein be granted an unrestricted license to practice medicine and surgery in New Jersey. EFFECTIVE DATE: September 22, 2009.

HIRSCH, Jonathan M., M.D.
License #MA061900
Brooklyn, NY 11229-1526
Mt. Sinai Univ Sch Of Med, 1989
National Boards

CONSENT ORDER OF REPRIMAND AND PROBATION filed September 9, 2009. This matter was opened to the Board upon receipt of information that on or about March 9, 2009, the New York Board for Professional Medical Conduct entered a Consent Order executed by Dr. Hirsch. The Consent Order provided for a censure and reprimand and Dr. Hirsch was placed on probation for three years subject to certain terms. The New Jersey Board determined that Dr. Hirsch’s acts giving rise to the New York Consent Order provided a basis for disciplinary action in New Jersey. The New Jersey Board ordered and Dr. Hirsch agreed to be reprimanded and his license to practice medicine and surgery in New Jersey be placed on probation for three years commencing retroactively, and to run concurrently, with the probationary period set forth in the
New York Consent Order, but which probationary period will not terminate until Dr. Hirsch demonstrates to the satisfaction of the Board that he holds an active, unrestricted license to practice medicine in and New York. EFFECTIVE DATE: March 9, 2009.

KANTHA, Sri , M.D.
License #MA040080
W. Orange, NJ 07052
N. Colombo Private Med Coll, 1968
FLEX Endorsement

CONSENT ORDER OF SUSPENSION AND PROBATION filed September 3, 2009. This matter was presented to Board by way of the of an eight count Administrative Complaint filed on or about March 9, 2007, and a corrected Complaint filed on March 14, 2007. Dr. Kantha, having consulted with his attorney, determined to waive his right to a plenary hearing and plead no contest to all the allegations of the Corrected Complaint. The Board has considered the matter, and found that this Order will adequately protect the public interest, and for good cause shown, the Board ordered Dr. Kantha's license to practice medicine and surgery in New Jersey suspended for three (3) years, the first six (6) months to be an active suspension and the reminder of the months to be served as probation. Dr. Kantha must surrender his federal DEA registration and his State CDS registration for the duration of the suspension period and he must make prompt arrangements with said agencies for the lawful disposal of all Controlled Drugs in his possession or under his control, as well as all non CDS medications. Dr. Kantha must pay costs in the amount of $25,000.00 within 10 days of his receipt of the filed copy of this Order. EFFECTIVE DATE: September 3, 2009.

KAVATHIA, Sanjay G., M.D.
License #MA072670
Hackettstown, NJ 07840
M.P. Shah Med Coll, 1994
Unknown

FINAL CONSENT ORDER OF SUSPENSION AND PROBATION filed September 1, 2009. This matter was open to the Board upon the filing of an Administrative Complaint on May 27, 2009, against Dr. Kavathia. The Complaint was predicated on information that Dr. Kavathia backdated the administration of flu shots in his patients records in order to receive reimbursement for Medicate; that he destroyed medical records; and that he failed to properly record his patients’ vital signs on patient progress notes. Dr. Kavathia filed an Answer to the Complaint on or about July 7, 2009, and the Attorney General filed a Motion for Summary Decision on or about July 15, 2009. The Board found Dr. Kavathia’s conduct constituted grounds for disciplinary action against his license. The Board ordered, and Dr. Kavathia agreed to, the suspension of his license to practice medicine and surgery for three years. The first six months of said suspension will be an active suspension, with the remaining thirty months stayed and served as probation, conditioned upon Dr. Kavathia’s compliance with the provisions enumerated in his Order. Dr. Kavathia’s active suspension will begin on October 1, 2009. Dr. Kavathia must attend and successfully complete a Board approved medical record keeping and ethics course; he must within thirty days following the end of his active suspension undergo a compliance review program; and he is to pay a penalty in the amount of $10,000.00, and costs in the amount of $26,541.86. EFFECTIVE DATE: October 1, 2009.

MORGANSTERN, Ira R., M.D.
License #MA030855
10 Morningstar Lane
Asbury, NJ 08027
D.O.B. 04/12/42 SS# 140-34-5167
Tufts Univ Sch of Med
National Boards

FINAL DECISION AND ORDER filed September 11, 2009. This matter was opened to the Board upon the filing of an Administrative Complaint on April 22, 2009. Dr. Morganstern’s counsel submitted a letter to the Board which indicated that Dr. Morganstern did not dispute the underlying allegations of the Complaint, filed an Answer admitting to all paragraphs of the Complaint, and requested a hearing regarding mitigation circumstances to be considered in the imposition of penalty. Dr. Morganstern was granted an opportunity to submit evidence to be considered by the Board and a mitigating hearing was held before the Board on June 10, 2009. The allegations included that, on September 18, 2007, Dr. Morganstern and another individual were observed discarding marijuana plants along railroad tracks and a police investigation determined that the marijuana plants had been grown at Dr. Morganstern’s home. As a result Dr. Morganstern was arrested and charged with various drug related offenses. On March 6, 2008, a Grand Jury returned a four count indictment against Dr. Morganstern and his co-conspirator. The Indictment charged Dr. Morganstern with maintaining or operating a Controlled Dangerous Substances (“CDS”) production facility; possession of CDS with intent to distribute; possession of CDS; and tampering with or fabricating physical evidence. On September 9, 2008, Dr. Morganstern entered into a plea agreement with the prosecutor’s office and pled guilty to the charge of possession of CDS with Intent To Distribute. The remaining charges were to be dismissed. At the time of his guilty plea, Dr. Morganstern admitted to possessing five marijuana plants and that he had grown the marijuana at his home and intended to use it himself and/or distribute it to adult friends in his home. On January 23, 2009, Dr. Morganstern was sentenced to two years probation; required to forfeit and be barred from any public office and/or any public employment; and was assessed various monetary fees and penalties as required by statute. The remaining counts of the Indictment were dismissed. The Board found Dr. Morganstern’s actions constituted professional misconduct and being convicted of and engaging in acts constituting moral turpitude or conduct relating adversely to action regulated by the Board and/or that he demonstrated the failure to be of good moral character as required for licensing as a physician. Dr. Morganstern voluntarily entered the Professional Assistance Program(“PAP”) beginning in November of 2007, and his successful continued participation in that program was submitted as well as his assertion that he has been drug free since entry into the program. The Board also found that all the documentation before them indicated that Dr. Morganstern has remained drug free; has been monitored on a random basis; has been serving probation; and has paid all fines imposed upon him in the criminal system. The Board ordered, and Dr. Morganstern agreed to, his license to practice medicine and surgery in New Jersey be reprimanded. Dr. Morganstern must continue to participate in the PAP program at the direction of and in the discretion of that program until discharged by them; he must have the PAP submit reports on his progress every three months to the Board; and he is to pay costs in the amount of $1,540.00. EFFECTIVE DATE: September 11, 2009.

RICE, Roselyn JoAnn, M.D.
License #MA068551
Hampton Bays, NY 11946-3306
Eastern Virginia Med Sch, 1979
National Boards

FINAL ORDER OF DISCIPLINE filed September 14, 2009. This matter was opened to the Board upon receipt of information which the Board has reviewed. Dr. Rice’s license to practice medicine and surgery in New Jersey lapsed on June 30, 1999, which resulted in the automatic suspension of her license without a hearing. On or about May 12, 2008, a “Judgment in a Criminal Case” was entered against Dr. Rice in the United States District Court of Iowa, at which time Dr. Rice was found guilty of Conspiracy to Distribute Schedule III and Schedule IV Controlled Substances; and Conspiracy to Commit Money Laundering. As a result, Dr. Rice was sentenced to twenty-six(26) months of imprisonment for each count to run concurrently. Thereafter, on or about July 14, 2008, the New York Board entered a Commissioner’s Order and Notice of Referral Proceeding based on Dr. Rice’s criminal conviction at which time Dr. Rice was precluded from practicing medicine in New York or any other jurisdiction where that practice was predicated upon a valid New York license pending a hearing. Additionally, on or about October 7, 2008, the Virginia Board entered an Order based upon the criminal conviction and New York disciplinary action at which time Dr. Rice’s Virginia license to practice medicine was suspended. Dr. Rice’s criminal conviction, and the New York and Virginia Boards disciplinary actions taken against her license provided grounds for the New Jersey Board to take disciplinary action against Dr. Rice’s license to practice medicine and surgery in New Jersey. A Provisional Order of Discipline (“POD”) was entered by the New Jersey Board on June 12, 2009, and served upon Dr. Rice. Dr. Rice did not submit a response in connection with the POD. Accordingly, upon review of this matter, the New Jersey Board determined that further proceedings were unnecessary and the POD should be finalized without change. The New Jersey Board ordered the license of Dr. Rice suspended until such time as her licenses to practice medicine in New York and Virginia have been fully reinstated with no restrictions, conditions or probation. Prior to resuming active practice in New Jersey Dr. Rice will be required to appear before the Board or a Committee thereof and demonstrate that she is fit to practice medicine in New Jersey and that she holds an active, unrestricted licenses to practice medicine in New York and Virginia. EFFECTIVE DATE: September 14, 2009.

SHAH, Chandravadan, M.D.
License #MA049068
Edison, NJ 08820-1713
BJ Med Col/ Gujarat Univ, 1976
FLEX Endorsement

CONSENT ORDER OF REPRIMAND filed September 9, 2009. This matter was opened to the Board upon notification that the hospital Dr. Shah was employed at summarily suspended his medical staff privileges and then terminated his employment after it was determined that he had engaged in professional misconduct in directing a resident to write a new history note and causing the previous history note to be placed in a bin to be shredded. Dr. Shah was on-call as a full time attending physician in the Department of Obstetrics and Gynecology and after experiencing shoulder dystocia during a vaginal birth after cesarian delivery, Dr. Shah told a resident whom he was responsible for supervising, teaching and mentoring to use the term “failure to progress” in the patient’s history rather than the term “cephalopelvic disproportion” that the resident already had recorded in the patients’s medical record. On August 11, 2008, an Administrative Complaint was filed with the Board, to which Dr. Shah’s Counsel filed an Amended Answer on October 27, 2009. Dr. Shah through his Counsel notified the Board that he desired to resolve this matter without further formal proceedings, admitted during sworn testimony that his conduct violated medical staff regulations and Board regulations regarding the method by which a physician may change a medical record. The Board ordered, and Dr. Shah agreed to be reprimanded for his conduct in violation of Board statutes and regulations. Dr. Shah is to pay costs in the amount of $11,193.50 and penalty in the amount of $5,000.00. EFFECTIVE DATE: September 9, 2009.

MALHI, Rajinder Singh, M.D.
License #MA031766
East Liverpool, OH 43920-0396
Government Med Coll, 1973
FLEX Endorsement

CONSENT ORDER FOR REINSTATEMENT OF LICENSE filed September 16, 2009. This matter was most recently opened to the Board upon receipt of a petition from Dr. Singh seeking to restore his New Jersey medical license which he voluntarily surrendered, permanently and with prejudice in 1993. Dr. Singh surrendered his New Jersey license based upon a 1992 action by the Ohio Board for admitted quality of care violations. Thereafter, Dr. Singh was permanently revoked in Ohio in 1997 on a finding of impaired ability to practice due to habitual or excessive use or abuse of drugs. Dr. Singh dated the beginning of his recovery from substance abuse to 2002. On January 16, 2008, Dr. Singh appeared with the Medical Director of the Professional Assistance Program (“PAP”) and testified before a Preliminary Evalutaion Committee (“PEC”) of the Board seeking the reinstatement of his license. After its review of this matter the Board deemed the application to be premature. On June 17, 2009, PEC reviewed additional documentation in support of Dr. Singh’s petition for the reinstatement of his license. On August 12, 2009, the Board reviewed the Committee’s recommendation and concurred with its assessment that Dr. Singh has achieved a continuous, progressive recovery from his substance abuse disorder, and that subject to the conditions embodied in this Order, he has demonstrated sufficient rehabilitation, fitness, and ability to safely resume his practice of medicine. The Board ordered and Dr. Singh agreed to the reinstatement of his license to practice medicine and surgery in New Jersey subject to restrictions. Dr. Singh must continue his enrollment in PAP and remain compliant with all the requirements of that program; he is to maintain absolute abstinence from all psychoactive substances including alcohol; he is to attend AA, NA and/or 12-Step meetings as directed by the PAP, at a minimum of three (3) times per week; he is to have his urine monitored by the PAP on a random unannounced once a week basis for the next twelve (12) months; attend monthly face-to-face meetings with a clinical representative of the PAP for the first six (6) months after resuming his practice of medicine in New Jersey; have the PAP provide quarterly status reports to the Board regarding his monitoring; limit his employment to a supervised position(s) only; and prior to the resumption of active medical practice in New Jersey, he will take and achieve a passing score on the Special Purpose Examination (SPEX) within six (6) months of entry of this Order. EFFECTIVE DATE: September 16, 2009.

WICHMAN, Paul, M.D.
License #MA039719
Netcong, NJ 07857
Univ Autonoma de Guadalajara, 1979
FLEX Endorsement

ORDER GRANTING UNRESTRICTED LICENSURE filed September 29, 2009. This matter was first opened to the Board upon receipt of information that Dr. Wichman had applied for an unrestricted medical license following an Order of Restricted Licensure filed August 6, 2002. On June 3, 2009, Dr. Wichman appeared before the Preliminary Evaluation Committee of the Board in support of his petition. The Board is now satisfied that Dr. Wichman has complied with the prior Consent Order, participated appropriately in urine testing, attend Alcoholics Anonymous meetings, had face-to-face follow-up with the Professional Assistance Program and individual therapy, and appeared to have been in stable recover for over seven years. The Board ordered Dr. Wichman an unrestricted license to practice medicine and surgery in New Jersey. EFFECTIVE DATE: September 29, 2009.


THE NEW JERSEY STATE
BOARD OF MEDICAL EXAMINERS

William V. Roeder
WVR/jj Executive Director


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