FOR IMMEDIATE RELEASE:

June 19, 2003

FOR FURTHER INFORMATION CONTACT:
Genene Morris (973)504-6327

NEWARK - A Monmouth County physician, indicted on "peeping-tom" charges, has voluntarily surrendered his license pending the outcome of criminal proceedings against him, Attorney General Peter C. Harvey and Consumer Affairs Director Reni Erdos said today.

The order of voluntary surrender comes after the State filed an administrative complaint against Dr. Ernest Hiton Phipps, Jr., of Howell, alleging his continued practice represented a clear and imminent threat to the health, safety and welfare of the public.

Specifically, the complaint alleges that Phipps, 39, trespassed onto his neighbor's property and peered through the sliding glass door of the bedroom of the neighbor's 14-year-old daughter to watch her and her 15-year-old friend as they were changing into their pajamas. As a result, Phipps was arrested and subsequently indicted on charges of "Criminal Trespass " Peeping Tom." In addition, the complaint alleges, Phipps who fought officers at the time of his arrest in January was also indicted on charges of "Resisting Arrest by Physical Force." The indictments were returned by a grand jury on April 30.

Phipps, an anesthesiologist, practiced at Hamilton Anesthesia Associates, P.C., until his arrest in January. Prior to surrendering his license, Phipps had been licensed to practice medicine in New Jersey since August 2000.

The State's complaint also alleges that while in active practice, Phipps violated the Board's sexual misconduct regulations when he invited a female patient, to whom he was providing ongoing pain management medical services, to a hotel and had sex with her.

"Dr. Phipps' alleged activities show a blatant disregard for the rules and regulations governing the practice of medicine," Attorney General Harvey said. "By requiring Dr. Phipps to refrain from practicing medicine and ensuring he receives counseling and treatment, we are satisfied we have in place an agreement that adequately protects the public."

"Not only did Dr. Phipps allegedly engage in criminal activities, which by itself is grounds for disciplinary actions, but he also allegedly violated the physician-patient relationship and the Board's sexual misconduct regulations by having sexual relations with a woman who was still his patient," Director Erdos said. "By engaging in these alleged activities, Dr. Phipps abused his privileges and, therefore, does not deserve to have a medical license in New Jersey."

Under the terms of the agreement, Phipps must refrain from the practice of medicine pending the outcome of the criminal case against him and must submit to psychological, psychiatric and/or substance abuse evaluation under the supervision of the Physician's Health Program ("PHP") and comply with the program treatment recommendations.

Deputy Attorney General Doreen A. Haffner of the Division of Law is handling this matter for the State.