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New Jersey State Board of Medical Examiners
Public Disciplinary Notice
February 2004

The New Jersey State Board of Medical Examiners (the "Board") has taken the following actions. This information is a summary prepared by the Board Administrative Office staff. Requests for certified, true copies of the Board Orders should be made in writing directed to William V. Roeder, Executive Director, P.O. Box 183, Trenton, New Jersey 08625.

To view a scanned version of the filed disciplinary order, click on the licensee's name.

AVILA-RONDON, Miguel, M.D.
License # MA060254
7110 Bergenline Avenue
North Bergen, NJ 07047
University Auto DE Santo Domingo, D Republic, 1979

CONSENT ORDER OF PROBATION filed February 10, 2004. This matter was opened to the Board upon receipt of information that Dr. Avila-Rondon entered into a Consent Order with the New York Office of Professional Medical Conduct in which Dr. Avila-Rondon agreed to a five year stayed suspension of his New York Medical license to be served as a period of probation. The stayed suspension was based upon allegations that Dr. Avila-Rondon prescribed Viagra to four patients without maintaining appropriate medical records. Dr. Avila-Rondon also failed to ascertain whether these four patients were using Nitrates and failed to document in the patients' medical records noting that he informed the patients of the danger of using Viagra and Nitrates together. Dr. Avila-Rondon advised the Board that he is not in active practice in New Jersey and has not practiced in New Jersey since 1999. It was ordered and agreed that Dr. Avila-Rondon license to practice medicine and surgery in the State of New Jersey be suspended. The suspension will run concurrently with the suspension of his license in New York and shall be stayed and served as a period of probation. Prior to resuming active practice in New Jersey, Dr. Avila-Rondon will be required to appear before the Board, or a Committee thereof, to demonstrate his fitness to resume practice. The Board reserves the right to place restrictions on Dr. Avila-Rondon's practice should he desire to commence practice in New Jersey prior to the conclusion of the period of stayed suspension. EFFECTIVE DATE: February 10, 2004.

BIER, Steven J., M.D.
License # MA077076
5 Theodore Court
East Brunswick, New Jersey 08816
Mt. Sinai University, New York, 1982

CONSENT ORDER FOR LICENSURE BY ENDORSEMENT filed January 27, 2004. This matter was open to the Board upon Dr. Bier's application for licensure by endorsement. On July 2, 2001, Dr. Bier's, New York Medical license was temporarily suspended on May 30, 2000 and he entered into a Consent Agreement and Order with the New York Board. The New York Board imposed a one year suspension of license commencing retroactively to May 30, 2000 and which terminated on May 30, 2001. Dr. Bier did not contest the Charges, which alleged that he failed to maintain a record for certain patients that accurately reflected the evaluation and treatment of the patient in violation of New York Education Law. Due to that, Dr. Bier's license was suspended and he acknowledged in the Order that he did not currently meet the qualifications to be an "interpreting physician". According to the Order, Dr. Bier is not allowed to independently interpret mammographic examinations until he reestablishes his qualifications and reestablises his qualifications for multi-reading mammographic examinations under the direct supervision option set forth in 21 CFR 900.2(o)(1). He is required to submit to the Director of OPMC, for prior written approval, the name and curriculum vitae of a proposed supervising interpreting physician. Dr. Bier was given the option to practice radiology for one year only in a hospital licensed under New York State Public Health Law or work in a non-mammographic facility while he successfully completes specified volumes from the American College of Radiology Professional Self-Evaluation Series and fifty hours of continuing medical education credits. He also agreed to three(3) years of monitoring in the event he operates a mammographic facility. Dr. Bier's New York license has been fully restored and he is currently working part time in a New York facility performing body imaging. He has hospital privileges at the Department of Veterans Affairs in Michigan and West Virginia, where he serves as a Contract Radiologist and performs Peer Reviews. He has completed Group A of the American College Radiologist Professional Self-Evaluation Series for continuing medical education and he is now recredentialed. Dr. Bier states he does not read mammograms and further indicated that he probably will not engage in the practice of mammography in the future. The Board ordered that Dr. Bier be issued a license to practice in New Jersey based on his agreement to abide by the conditions set forth in the Consent Order whereby Dr. Bier agrees to not independently interpret mammographic examinations in New Jersey until he reestablishes his qualifications pursuant to FDA regulations; he agrees to enter into a three year practice monitoring period and follow the same requirements in New Jersey that are set in New York Order if he operates a mammographic facility; and, if he accepts an offer of employment and intends to practice medicine, he shall provide the Board with written notice of his intention to commence the practice of medicine in New Jersey and provide the details pertaining to his employment position. EFFECTIVE DATE: January 27, 2004.

CALDERON, Gustavo, M.D.
License # MA040601
18 High Rd.
New Hope, PA 18938-1130
NATIONAL UNIV. OF MEXICO, 1958
Pennsylvania State Endorsement

CONSENT ORDER OF VOLUNTARY RETIREMENT filed February 13, 2004. This matter was opened to Board upon the filing of an Order to Show Cause, Notice of Hearing and Verified Complaint on November 20, 2003. The Verified Complaint alleges that Dr. Calderon has demonstrated a present incapability to discharge the functions of a licensee in a manner consistent with the public's health, safety and welfare. Dr. Calderon denies this allegation. The parties, having agreed to the resolution of this matter without formal proceedings, and Dr. Calderon, having expressed his desire to retire from the practice of medicine and surgery in New Jersey, the Board ordered Dr. Calderon leave to surrender his license to practice medicine and surgery in the State of New Jersey without prejudice to re-application. He also was ordered to cease and desist from the practice of medicine in the State of New Jersey and immediately notify the New Jersey Office of Drug Control and the DEA of his retirement in New Jersey. Upon receipt of any application by Dr. Calderon for reinstatement, the Board shall determine what steps must be taken to satisfy the Board as to his fitness to practice. Such steps may include, but not be limited to, his appearance before the Board or a Committee thereof to discuss his readiness to reenter the practice of medicine and discuss the facts of the underlying charges set forth in the Verified Complaint; provide the Board with evidence that he is capable of discharging the functions of a licensee in a manner consistent with the public's health, safety and welfare; provide the Board with a report from the Physicians' Health Program detailing the nature and extent of his involvement with that entity and any and all evaluations; and any course-work that the Board may determine may be necessary to ensure that he is capable of discharging the functions of a licensee in a manner consistent with the public's health, safety and welfare. Nothing within the Order preclude the Board to exercise its discretion to determine whether it is appropriate to reinstate the license of Dr. Calderon in the event of re-application. EFFECTIVE DATE: March 1, 2004.

GULLA, Frank T., M.D.
License # MA031363
113 Route 46
Wayne, NJ 07470
University of Studies of Bologna, Italy, 1967
Rhode Island Endorsement

CONSENT ORDER OF VOLUNTARY SURRENDER, DEEMED REVOCATION filed January 24, 2004. This matter was opened to the Board in January 1998 upon receipt of information that Dr. Gulla had been indicted by the Passaic County Prosecutor's Office on multiple counts of distribution of Controlled Dangerous Substance in the second degree; two counts of Conspiracy in the second degree; ten counts of distribution of Controlled Dangerous Substances in the second degree and two counts of Conspiracy in the second degree. Subsequent to his criminal indictment, and as part of a plea bargain, on or about October 22, 1998, Dr. Gulla pled guilty to two counts of conspiracy and two counts of distribution of CDS, both third degree offenses, with all other charges dismissed. The Board having determined that the within disposition is adequately protective of the public health, safety and welfare and Dr. Gulla being desirous of avoiding further proceedings ordered and agreed that Dr. Gulla be granted leave to voluntarily surrender his license to practice, which shall be deemed a revocation of license. Dr. Gulla shall not re-apply for reinstatement for six(6)months and until he undergoes a focused evaluation or an equivalent program approved by the Board. Costs were assessed in the amount of $7,774.97. EFFECTIVE DATE: January 7, 2004.

HIRSCHBERG, Stephen N., D.P.M.
License # MD00875
140 Prospect Avenue 12-M
Hackensack, New Jersey 07601
Ohio College of Podiatry, 1966

CONSENT ORDER OF REPRIMAND AND CEASE AND DESIST filed May 10, 2004. This matter was opened to the Board on receipt of information concerning Dr. Hirschberg's failure to comply with a 1998 Consent Order that had resolved a prior matter concerning Dr. Hirschberg's inappropriate surgical practice, improper charting and record keeping, and misrepresentations regarding his medical malpractice insurance coverage. At that time, Dr. Hirschberg's podiatric practice was limited to house calls and the performance of routine care. He was to cease and desist from the performance of podiatric surgery; submit to random auditing of his patient charts and billing records; successfully complete the ProBE course; attend a mini-residency on record keeping and pay costs/penalties to the Board. On February 26, 2001 the Attorney General filed a Complaint alleging Dr. Hirschberg failed to comply with the 1998 Consent Order by performing an incision and draining an infected site, failing to take a record keeping course, failing to pay costs/penalties and failing to pay for audits of his podiatric practice. Dr. Hirschberg filed an Answer denying a number of the allegations. Dr. Hirschberg, however, admits that he failed to timely comply with several provisions of the 1998 Consent Order. Based on Dr. Hirschberg's evidence submitted in mitigation to the Board and the stipulated facts, the Board ordered that Dr. Hirschberg be reprimanded for failing to comply with all the terms of the 1998 Consent Order and that he will cease and desist from performing any bone surgery, including exostectory, small tissue or tendon lengthening procedures or nail root surgery. He is permitted to perform incision and drainage procedures once he completes 35 hours of Board-approved Continuing Medical Education (CME) credits in podiatric medical courses, with at least 12 hours completed in hands-on clinical practician courses approved by the Board's Medical Director. He must submit proof of such compliance and receive Board approval. Upon Board approval, he must provide the Board's Medical Director with ten charts documenting accurate and thorough podiatric examinations and record keeping. A civil penalty of $5,000 was assessed. Dr. Hirschberg must provide the Board with proof of his present medical malpractice coverage and all coverage since June 1998 The Physicians' Health Program (PHP) is required to provide the Board and the Attorney General with quarterly reports documenting his compliance with his PHP contract. EFFECTIVE DATE: February 11, 2004.

LAUTON, Barry, M.D.
License # MA019137
34 Highlands Avenue
Springfield, NJ 07081-3715
NY University, School of Medicine, 1957
National Board Endorsement

CONSENT ORDER OF VOLUNTARY RETIREMENT filed February 2, 2004. This matter was opened to Board upon a Complaint filed on January 2, 2002 arising out of the care and treatment rendered to M.R., a minor, over a period of seven years ending October 21, 1996. The hearing date was scheduled for January 12, 2004. It was most recently before the Board upon receipt of information that Dr. Lauton desired to voluntarily retire from the public clinical practice of medicine and surgery in the State of New Jersey on December 31, 2003. Dr. Lauton does not hold an active license to practice medicine and surgery in any other State. The parties, being desirous of resolving this matter without further formal proceedings, and the Board having determined that the within disposition is adequately protective of the public health, safety and welfare, and for other good cause having been shown, it was ordered and agreed that as of December 31, 2003, Dr. Lauton shall limit his practice of medicine solely to chart disability reviews and testimony regarding those chart disability reviews on behalf of the State Division of Labor in the Department of Disability Determination Services. As of December 31, 2003, Dr. Lauton shall cease to see any patients in his clinical practice of medicine. In addition, he shall have no further direct patient contact whatsoever. Dr. Lauton shall immediately notify the New Jersey Office of Drug Control and the Drug Enforcement Agency of his retirement upon the entry of this Order. Dr. Lauton shall immediately notify Overlook Hospital, St. Barnabas Hospital, and any other hospital where he holds privileges of his retirement upon the entry of this Order. Investigative costs totaling $1,967.78 were assessed. EFFECTIVE: December 31, 2003.

MIRDA, George M., M.D.
License # MA045026
83 Stager Street
Nutley, NJ 07110
Univ. Degli, Bologna, Italy, 1980
FLEX

ORDER CONTINUING TEMPORARY SUSPENSION OF LICENSE filed March 23, 2004. This matter was reopened to the Board on February 11, 2004 for the purpose of affording the full Board an opportunity to determine whether to adopt, reject or modify a prior Order of this Board entered by a Hearing Committee on January 23, 2004, which temporarily suspended his license, pending the completion of plenary proceedings in this matter. Upon review, the Board determined that cause existed to adopt, in its entirety and without modification, the Order of Temporary Suspension entered. Dr. Mirda can move to have the Order vacated but he must show cause to why the Order should be modified upon making all demonstrations required in the Hearing Committee@s Order. EFFECTIVE DATE: January 23, 2004.

NOOR, Farid A. M.D.
License # MA049694
a/k/a ABDUL-NOOR, Farid M., M.D.
NOOR, Farid M., M.D.
5 Githens Road
Medford, New Jersey 08055
University of Cairo, Faculty of Med., 1980

CONSENT ORDER OF VOLUNTARY SURRENDER OF LICENSURE WITHOUT PREJUDICE filed December 11, 2003. This matter was before the Board based on a Verified Complaint filed on November 26, 2003 based on Dr. Noor's indictment by an Essex County Grand jury on two, fourth degree felony charges of criminal sexual contact with a patient. The doctor, desirous of resolving the matter on an interim basis, and the Board having found this disposition to be protective of the public health, safety and welfare, ordered that Dr. Noor be permitted to voluntarily surrender his license in the State of New Jersey without prejudice. EFFECTIVE DATE: DECEMBER 31, 2003.

OTTENSTEIN, Alan, M.D.
License # MA051042
1108 Spruce Street
Philadelphia, PA 19107
Hahnemann Medical College, Philadelphia, 1983
National Board Endorsement

ORDER OF TEMPORARY SUSPENSION filed February 4, 2004. This matter was opened to the Board on an application for the temporary suspension of Dr. Ottenstein's license. The complaint alleged Dr. Ottenstein manifested a gross and reckless disregard for the welfare of his patients by maintaining in his office various dangerous items (which included nine hand guns, a stun gun, an illegal quantity of pepper spray, ammunition firearm magazines). Dr. Ottenstein illegally possessed CDS, including greater than one pound of marijuana, smoking paraphernalia, including a "bong", rolling papers and a rolling machine. In addition, Dr. Ottenstein had books on growing marijuana, hydroponic equipment and lights capable for use in growing plants and actual marijuana seeds were retained. Unsecured empty bottles(180) of Stadol, CDS IV intra nasal spray, vials of unsecured patient CDS prescription medicine and boxes of Actig narcotic lollipops. Dr. Ottenstein filed his Answer and Letter Brief September 9, 2003 and appeared before the Board with Counsel and Dr. Canavan, President Emeritus of the PHP on September 10, 2003. Dr. Ottenstein denies any knowledge of the stun gun and declined to stipulate that the black cylindrical object seized pursuant to the search warrant was indeed a stun gun. He argues that his conduct does not present a clear and imminent danger based upon the fact that he was merely arrested and that charges alone are not dispositive. Dr. Ottenstein in his testimony acknowledged buying the marijuana seeds, growing the plants, smoking the marijuana and growing the plants on the third floor of his medical office in 1998 even though he testified to only using marijuana in 1997. The Board was most alarmed by Dr. Ottenstein's testimony pertaining to unsecured bottles containing CDS returned by patients to him where he would collect unused CDS previously prescribed for patients and retain the narcotics in a locked safe at his nurse station until such time as he discarded them. After considering the record in this matter, the Board concurred with the Attorney General that Dr. Ottenstein's continued practice represents a clear and imminent danger to the public health, safety and welfare. Dr. Ottenstein's behavior demonstrates an extensive pattern of extremely poor judgment affecting multiple spheres of conduct. Such lapses in judgment present a danger to patients, the public and himself thereby justifying the grant of the State's motion to temporarily suspend Dr. Ottenstein's license. The Board ordered Dr. Ottenstein's license to practice medicine and surgery in New Jersey temporarily suspended pending the Board@s disposition of the plenary proceedings in this matter. EFFECTIVE DATE: September 10, 2003.

PARILLA, Priscillano V., M.D.
License # MA026212
214 W. White Horse Pike
Berlin, NJ 08009
Far Eastern University, Philippines, 1960
FLEX Examination

ORDER OF UNRESTRICTED LICENSE filed February 23, 2004. This matter was opened to the Board upon receipt of a petition from Dr. Parilla seeking the removal of the restrictions and conditions of the Interim Consent Order filed on July 9, 1991. Dr. Parilla entered into an Interim Consent Order, which contained a preclusion from prescribing or dispensing and storing any CDS in his office and in all settings of his medical practice except when prescribing CDS for his patients residing in nursing homes. Dr. Parilla appeared before the Preliminary Evaluation Committee of the Board on October 22, 2003, accompanied by Dr. Canavan, Medical Director Emeritus of the PHP, to petition for the removal of the July 9, 1991 Interim Order. Dr. Parilla testified that his current medical practice has been significantly limited due to his inability to prescribe any level of CDS and that he can no longer under the new DEA rule obtain a limited DEA registration notwithstanding the Board order. Dr. Canavan testified that Dr. Parilla has demonstrated a drug-free life for more than twelve(12) years and that he has fully complied with the Board order. The Board ordered the removal of restriction placed on the CDS prescribing privileges and that Dr. Parilla was granted an unrestricted license to practice medicine and surgery in the State of New Jersey. EFFECTIVE DATE: February 12, 2004

PATEL, Babubhai, Somabhai, M.D.
License # MA024787
20 Eisenhower Lane
Sicklerville, NJ 08081
Grant Medical College, 1961
Examination

CONSENT ORDER GRANTING VOLUNTARY SURRENDER AND PERMANENT RETIREMENT OF LICENSURE filed January 7, 2004. Dr. Patel sought seeking leave to surrender his license with prejudice and to permanently retire from the practice of medicine in all jurisdictions. The Board determined such disposition adequately protective of the public health, safety and welfare. The Board ordered and Dr. Patel agreed no later than January 31, 2004 to surrender his license to practice medicine and surgery in the State of New Jersey with prejudice to any future re-application. It was further ordered, that Dr. Patel have until January 31, 2004 to wind down his practice of medicine in this and any other jurisdiction. Dr. Patel agreed not to re-apply for any license, including one with a retired status, in the future. Dr. Patel will pay the cost of the transcript fees required due to the illegibility of his medical records in the amount of $1,466.80. EFFECTIVE DATE: January 31, 2004.

RAIMO, Victor H., M.D.
License # MA014887
29 Broadway
Clark, NJ 07066-2557
University of Bologna, 1954
New Jersey Examination

CONSENT ORDER OF PERMANENT RETIREMENT OF LICENSURE WITH PREJUDICE filed February 19, 2003. This matter was opened to the Board upon receipt of information that Dr. Raimo wished to permanently retire his license to practice medicine and surgery in the State of New Jersey. Dr. Raimo submitted a signed certification stating that he was willing to permanently retire and close his practice as of February 28, 2003. The Board ordered that Dr. Raimo be granted leave to voluntarily, permanently retire his license to practice medicine and surgery with prejudice to any re-application in the State of New Jersey. Dr. Raimo shall cease and desist from prescribing or dispensing any medications, whatsoever, including CDS to any individual including himself, his family members or his patients. Dr. Raimo shall return his original registrations for CDS and DEA in New Jersey, on or about February 28, 2003.Dr. Raimo must return his original New Jersey License and current biennial registration to the Board. EFFECTIVE DATE: February 28, 2003

SCHLIEP, Brien, D.P.M
License # MD01483
102 Forman Avenue
Point Pleasant Beach, New Jersey 08742
Pennsylvania College of Podiatrist, 1983
National Board Examination

CONSENT ORDER OF VOLUNTARY SURRENDER OF LICENSE TO BE DEEMED A REVOCATION filed June 26, 2002. This matter was opened to the Board upon receipt of information from the Department of Banking and Insurance/Division of Insurance Fraud Prevention which revealed Dr. Schliep entered into a consent agreement on September 18, 1997 based on his submission of false receipts to support a claim of theft and burglary from his office. The consent agreement provided for the payment of $5,000.00 in civil fine. The Board received further information concerning Dr. Schliep's failure to renew his podiatry license and controlled dangerous substance registrations and submitting a falsified letter purporting to be from the Board's administrative office, along with a falsified podiatry and CDS license to MagnaCare Managed Health Care Program when his license expired in October 1999. Dr. Schliep appeared before the Preliminary Evaluation Committee on October 24, 2001 testifying to falsifying receipts of a theft in his office and has since satisfied his debt in full. Dr. Schliep contended he had sent a renewal check to the Board in 1999, but did not realize his failure to receive his new registration until February 2001. He admitted to seeing patients and prescribing antibiotics after he learned that his Board license had expired but he did not prescribe any CDS during that time. Dr. Schliep sought leave to voluntarily surrender his license to practice podiatry in New Jersey. The Board ordered and Dr. Schliep was granted leave to immediately surrender his license to podiatry, which surrender was deemed a revocation. EFFECTIVE DATE: June 26, 2002

SMITH, Milton M., M.D.
License #MA039196
1000 Park Ave., Apt. 1B
New York, NY 10028-0934
SUNY Upstate Med. Center, 1971
NATIONAL BOARD ENDORSEMENT

FINAL ORDER OF SUSPENSION filed February 27, 2004. A Provisional Order of Discipline (POD) was filed January 14, 2004 based on the revocation of Dr. Smith's New York license by Order which involved 24 specifications of professional misconduct entered ON October 28, 2003. While Dr. Smith acknowledged that the revocation of his license in New York could form the basis for suspension of his New Jersey medical license, Dr. Smith requested that the Board dismiss or modify the findings of fact and conclusions of law detailed in the POD. In the alternative, Dr. Smith requested mitigation of the proposed suspension penalty. Dr. Smith maintained that the Board should not discipline him based on the New York action because New York denied his due process rights in its conduct and management of the underlying administrative action and that it failed to afford him fundamental fairness. Dr. Smith argued that the New York proceedings were fatally tainted and that the Board should not utilize it as the basis to suspend his New Jersey license. Following its review of the entire record, the New Jersey Board determined that no information had been presented which altered its preliminary finding that the disciplinary action taken by the sister state of New York provided ample grounds to take disciplinary action against Dr. Smith's license to practice medicine and surgery in the State of New Jersey because his license had been revoked in another state. The Board concluded that Dr. Smith's conduct went directly to, and is adverse to, the practice of medicine and involved professional misconduct and found nothing in Dr. Smith's response to the POD that demonstrated a need for a hearing on mitigation of the Board's decision. The Board found that a hearing to reiterate this mitigation evidence was unnecessary and the nature and the seriousness of the conduct engaged in by Dr. Smith cannot be minimized or overlooked. Sexual contact and improper sexual touching between a physician and patient are volatile of professional standards and cannot be permitted. The Board, at its February 10, 2004 meeting, ordered Dr. Smith's license suspended until such time as his license is fully reinstated in the State of New York without restrictions. Prior to resuming active practice in New Jersey, Dr. Smith shall be required to appear before the Board or a committee thereof to demonstrate his fitness to resume practice. The Board reserves the right to place restrictions on Dr. Smith's practice should his license be reinstated. EFFECTIVE DATE: February 26, 2004.

WHITE, Sanford F., M.D.
License #MA040084
B4 Cornwall Court
East Brunswick, NJ 08816
New York Medical College, 1978
National Board Endorsement

ORDER OF UNRESTRICTED LICENSURE filed April 22, 2004. This matter was opened to the Board upon petition from Dr. White to reinstate his license to practice medicine in New Jersey without restriction. Pursuant to a Consent Order filed with the Board on October 31, 2002, Dr. White agreed to have a chaperone present during all examinations of female patients. Dr. White appeared before a Preliminary Evaluation Committee of the Board on October 29, 2003 seeking an unrestricted license. With Dr. White's testimony and his submissions, which include documents evidencing significant continuing medical education and letters from his treating psychiatrist and physician and a position statement from the Physicians' Health Program (PHP) all supporting the reinstatement of his license without restriction, it was demonstrated that he has taken all possible steps to address the events given to the restrictions placed upon his license and ensuring this conduct will not occur again. The Board having considered Dr. White's testimony and all relevant documentation submitted, ordered that Dr. White's license to practice medicine in New Jersey be reinstated without restriction. EFFECTIVE nunc pro tunc January 1, 2004.

THE NEW JERSEY STATE
BOARD OF MEDICAL EXAMINERS

William V. Roeder
Executive Director

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