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MAY 2010
"BOARD ACTIONS SUMMARY"

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

Corwin, David M., M.D. pdf
License #MA043361
Paramus, New Jersey  07652
Free University of Belgium, 1976
FLEX Endorsement

ORDER ACTIVATING SUSPENSION OF LICENSE filed May 18, 2010 nunc pro tunc to May 12, 2010.  This matter was reopened before the Board on April 27, 2010, upon the filing of a Notice of Motion to enforce litigant’s rights.  The Motion was predicated on claims that Dr. Corwin  treated female patients in his office in violation of an Order filed by the Board on March 15, 2010, which requires that he only see, examine or treat female patients in the presence of a Board approved chaperone.  The Motion was heard by the Board on May 12, 2010, and Dr. Corwin appeared before the Board with counsel. Upon review of the record, the Board concluded that cause existed to order the suspension of Dr. Corwin’s medical license.  The Board determined there was no factual dispute in this matter, and that Dr. Corwin explicitly agreed when he appeared before the Board on March 10, 2010, to the entry of a Board Order which included the Board approved chaperone requirement.  During his testimony before the Board, Dr. Corwin conceded that he continued to treat female patients after the ten day period in which he was to secure approval of a Board approved chaperone had expired, In mitigation,  however, he did so only if the female patient was seen in a group setting with a “significant other” present.  Dr. Corwin’s counsel argued that Dr. Corwin did not intend to willfully, or deliberately, violate the Board’s Order, instead, counsel argued that Dr. Corwin interpreted the Board’s chaperoning requirement to apply only if he were to treat a female patient in a “one-on-one” setting.  The Board rejected Dr. Corwin’s asserted interpretation as strained, unsupportable and contrary to the express language within the March 15, 2010 Order.  The Board further concluded that Dr. Corwin plainly violated the requirements of the  March 15, 2010 Order by continuing to see, examine and/or treat female patients afer the ten day period for him to secure the Board approval for a chaperone had expired.  The Board ordered the license of Dr. Corwin to practice medicine and surgery in New Jersey suspended effective upon pronouncement of the Board’s decision.  The suspension was to remain active until such time as further Order of the Board might be entered.  The Board will reconsider this matter and then determine whether cause exists to stay all or any portion of the remainder of the period of suspension and if so, whether to impose conditions or limitations on continued practice by him upon the Board’s receipt and review of the report and recommendations of an assessment of Dr. Corwin. EFFECTIVE DATE: May 12, 2010.

ISMAIL, Akram Abdel-Rahman Mohamed, M.D. pdf
License #MA052669
West Orange, NJ 07052-5105
Ain Shams Univ, 1983
FLEX Endorsement

FINAL ORDER OF DISCIPLINE filed May 4, 2010.  This matter was opened to the Board upon receipt of information that on or about December 14, 2009, the Florida Board entered an “Order of Emergency Suspension of License,” at which time Dr. Ismail’s license to practice medicine was suspended.  More specifically, the Florida Board found Dr. Ismail violated Florida statutes by being unable to practice medicine with reasonable skill and safety by reason of illness or use of alcohol, drugs, narcotics, chemicals, or as a result of his mental or physical condition; the he solicited patients through the use of fraud, intimidation, undue influence or a form of overreaching or vexatious conduct; and that, after being terminated from a treatment program for impaired practitioners, he failed to comply for reasons related to criminal activity with the terms of his treatment or monitoring contract.  The disciplinary action taken by the Florida Board provided grounds for New Jersey to take disciplinary action against Dr. Ismail’s license to practice medicine and surgery, in that, his Florida medical license had been suspended.  A Provisional Order of Discipline was entered by the New Jersey Board on March 12, 2010 and served upon Dr. Ismail.  Dr. Ismail did not submit a response in connection with the Provisional Order of Discipline and accordingly, upon review of this matter, the Board determined that further proceedings were unnecessary and that the Provisional Order of Discipline should be finalized without change.  The New Jersey Board ordered the license of Dr. Ismail’s suspended until such time as his license to practice medicine in Florida is fully reinstated with no restrictions, conditions or probation.  Prior to resuming active practice in New Jersey, Dr. Ismail will be required to appear before the Board or a Committee thereof and demonstrate that he is fit to practice medicine in New Jersey and that he holds an active, unrestricted license to practice medicine and surgery in Florida.  EFFECTIVE DATE: May 4, 2010. 

LIONETTI, Anthony L., M.D. pdf
License #MA044448
Mays Landing, NJ 08330
Auton Univ, 1979
FLEX Endorsement

CONSENT ORDER OF REVOCATION filed May 12, 2010.  This matter was opened before the Board upon the filing of an Administrative Complaint on November 8, 2007, which was predicated on Dr. Lionetti’s conviction of attempted tax evasion on June 1, 2007.  Dr. Lionetti, through his former counsel, filed an Answer to the Complaint on or about December 7, 2007, and the Attorney General filed a Motion for Summary Decision on or about December 21, 2007. On January 10, 2008, Dr. Lionetti entered into an Interim Consent Order wherein the Summary Decision proceeding was adjourned and among other terms, agreed to immediately cease and desist from the practice of medicine and surgery in New Jersey pending the disposition of the criminal matter before the Third Circuit Court of Appeals.  Dr. Lionetti notified the Attorney General that the Third Circuit Court affirmed the criminal conviction on November 12, 2008.  On October 5, 2009, the Supreme Court denied Dr. Lionetti’s request for a writ of certiorari.  The Board found Dr. Lionetti’s conviction provided grounds for disciplinary action in that, disciplinary action may be taken against a licensee who engages in the use or employment of dishonesty, fraud, deception or misrepresentation; who engages in professional or occupational misconduct; who has been convicted of any crime or offense involving moral turpitude or relating adversely to the activity regulated by the Board; and/or who has an on going duty to demonstrate good moral character.  The Board ordered, and Dr. Lionetti agreed to, his license to practice medicine and surgery in New Jersey revoked.  Dr. Lionetti has been barred from re-application for licensure until the conclusion of his incarceration and subsequent three years of probation.  At the time of reapplication, he must demonstrate to the Board that he is fit to practice medicine and that he has successfully completed a Board approved course in ethics, within one year prior to the date of re-application.  Any re-application will require Dr. Lionetti to appear before a Committee of the Board.  This Order constitutes the full and final resolution of the Administrative Complaint filed November 8, 2007.  EFFECTIVE DATE: May 12, 2010.

LUCENTE, Richard D.O. pdf
License #MB081622
Middletown, NJ 07748
NY College of Osteo Med.  1998
Application

FINAL ORDER filed May 28, 2010.  This matter was presented to the Board following an investigation into the circumstances of a criminal conviction and sister-state disciplinary action regarding Dr. Lucente.  On or about January 22, 2009, an Indictment was issued against Dr. Lucente in the State of New York, Supreme Court.  The Indictment charged one Count of Conspiracy in the Fourth Degree as to all Defendants and Dr. Lucente was additionally charged with Criminal Sale of a Prescription for a Controlled Substance, Reckless Endangerment and Violation of the Public Health Law. The Indictment further alleged that between December 1, 2004 through September 12, 2007, Dr. Lucente had conspired with other defendants to knowingly and unlawfully sell prescriptions to male individuals for anabolic steroids and various forms of testosterone which were compounded and dispensed by the pharmacy defendants, and that Dr. Lucente, in doing so, acted for no legitimate medical purpose and not in good faith in the course of his professional practice and solely for his own financial benefit.  The Indictment also alleged that Dr. Lucente recommended that the males to whom he issued the prescriptions fill the prescriptions at the defendants’ pharmacy and that he received payments back from the pharmacy  defendants in exchange for such steering.  On or about March 19, 2010, in the course of trial, Dr. Lucente was permitted to enter a plea to Count One of Conspiracy.  Dr. Lucente was sentenced on May 12, 2010, to five years probation; required to perform 200 hours of community service, and to surrender his New York and New Jersey license to practice medicine.  The criminal conviction, the New York State Order of Revocation of License, and the related statutory and regulatory violations, constituted grounds for disciplinary action by the New Jersey Board in that, Dr. Lucente engaged in the use or employment of dishonesty, fraud, deception, misrepresentation, false promise or false pretense; that he engaged in gross negligence, gross malpractice or gross incompetence which damaged or endangered the life, health, welfare, safety or property of any person; that he engaged in professional misconduct; that he was convicted for acts constituting crimes or offense involving moral turpitude or relating adversely to the activity regulated by the Board; that he engaged in activity that revoked or suspended his license by another state; that he failed to comply with the provisions of any act or regulation administered by the Board; that he prescribed and dispensed controlled dangerous substances indiscriminately or without good cause or where the physician knew or should have known that the substances were to be used for unauthorized consumption or distribution; and that as a licensee of the Board, he failed to maintain good moral character. Dr. Lucente having considered the circumstances, and having had the opportunity to confer with his attorneys, consented to this Order and hereby surrendered his license to practice medicine and surgery in New Jersey, which has been deemed a revocation.  Dr. Lucente is to pay costs in the amount of $168.75, and he cannot seek reinstatement of his license until he has submitted proof of compliance with all conditions of the Criminal Judgment and is successfully released from probation.   EFFECTIVE DATE: May 28, 2010. 

ROTH, Martha Anne, C.N.M. pdf
License #ME000304
Nyack, NY 10960-2114
Columbia Univ, Sch of Nursing, 1990
Waiver

INTERIM CONSENT ORDER OF VOLUNTARY LICENSE SURRENDER filed May 12, 2010.  This matter was opened to the Board’s Liaison Committee on Midwifery (the “Committee”) upon receipt of information that Ms. Roth, a Certified Nurse Midwife (C.N.M.), had attended a planned home delivery of an increased risk patient.  Ms. Roth appeared on December 21, 2009, with counsel, and thereafter the Attorney General filed an Order to Show Cause and a Verified Administrative Complaint. The Board ordered, and Ms. Roth agreed to, voluntarily temporarily surrender her license to practice midwifery in New Jersey effective upon pronouncement of the Board acceptance of the interim settlement and pending further Order of the Board.  Ms. Roth immediately returned her original New Jersey wall certificate and wallet size licenses to the Board and ceased and desisted from the practice of midwifery in New Jersey.  The parties further stipulated that the entry of this Order was without any admission of any wrongdoing by Ms. Roth and without prejudice to Ms. Roth or the Attorney General.  EFFECTIVE DATE: May 12, 2010.

SAYED, Saquib Bashir, M.D. pdf
License #MA073086
Cranford, NJ 07016
Poona University, 1987
USMLE

CONSENT ORDER OF LIMITED RESTRICTIONS filed May 25, 2010.  This matter was reopened to the Board upon the filing of a petition by  Dr. Canavan of the Professional Assistance Program of New Jersey (“PAP”), on behalf of Dr. Sayed, seeking to reduce the frequency of  his random urine screens.  Dr. Sayed was licensed to practice medicine and surgery in New Jersey pursuant to a September 8, 2001, Consent Order of Limited Licensure.  On November 3, 2003, a Consent Order was filed pursuant to Dr. Sayed’s petition for Modification amending various screening and reporting requirements of the September 8, 2001 Order and reaffirming all of the original terms and conditions of limited licensure.  On or about August 11, 2004, Dr. Sayed voluntarily surrendered his license by way of a Consent Order based on his self acknowledged relapse into alcohol abuse.  Dr. Sayed license was reinstated pursuant to the November 13, 2007 Consent Order of Reinstatement of License with Conditions and Monitoring.  The PAP notified the Board via a letter dated February 7, 2008, that Dr. Sayed had experienced two relapses into alcohol use.  During an appearance before the Board’s Preliminary Evaluation Committee (“PEC”) on April 23, 2008, Dr. Sayed acknowledged his relapses into alcohol use and stated he had since complied with all of the PAP’s recommendations.  A Consent Order was subsequently filed on July 10, 2008, continuing the limitations on Dr. Sayed’s license and increasing the monitoring to be provided by the PAP.  On or about October 28, 2009, the PAP petitioned the Board on behalf of Dr. Sayed to reduce the frequency of his follow-up appointments with the PAP.  Given Dr. Sayed’s demonstrated compliance with the PAP, and the terms of the July 10, 2008 Consent Order, a Consent Order was filed on March 25, 2010, reducing his follow-up appointments with the PAP.  In reviewing the current request for modification, the Board was satisfied that Dr. Sayed has complied with all terms and conditions imposed upon his practice of medicine since the entry of the Consent Order filed on July 10, 2008.  The Board ordered, and Dr. Sayed agreed to, his license to practice medicine to remain limited and subject to certain conditions.  Among them, Dr. Sayed must maintain absolute abstinence from all psychoactive substances unless prescribed by a treating physician for a documented medical condition; he is to remain actively involved with the PAP and this will include face-to-face meetings with the clinical staff at a minimum of every two months; continue his treatments with his therapist;  attend at least three Alcoholics Anonymous meetings a week; continue to submit to random, twice a month urine screening by the PAP for alcohol use; provide all prospective employers with a complete copy of this Order; and he is to ensure that the Board receives quarterly reports from the PAP as to his performance, as well as reports from his therapist regarding his compliance.  EFFECTIVE DATE:  May 25, 2010.

VOROBYEV, Leonid, M.D. pdf
License #MA071423
Old Bridge, NJ 08854
2nd Moscow Med Inst., 1985
Unknown

CONSENT ORDER OF SUSPENSION AND PROBATION filed May 21, 2010.  This matter was opened to the Board upon receipt of information that on September 29, 2006, Dr. Vorobyev pled guilty to one count of attempted Grand Larceny in the Criminal Court of New York.  Dr. Vorobyev was sentenced and Judgment was entered on February 20, 2008.  Pursuant to the February 20, 2008 criminal sentence, Dr. Vorobyev will be on probation for three years and he must pay a restitution in the amount of $35,000.00.  The New Jersey Board found Dr. Vorobyev’s conviction provided grounds for the Board to take disciplinary actions against his license in that, he engaged in the use or employment of dishonesty, fraud, deception or misrepresentation; he engaged in professional or occupational misconduct; he has been convicted of a crime or offense involving moral turpitude or relating adversely to the activities regulated by the Board; and that he is a licensee of the Board who has an on going duty to demonstrate good moral character.  The Board ordered, and Dr. Vorobyev agreed to, his license to practice medicine and surgery in New Jersey be suspended for three years, the first six months of the suspension will be an active period of suspension and the remaining thirty months will be stayed and served as a period of probation conditioned upon his compliance with the provisions enumerated in the Order.  The active period of suspension will be tolled for any length of time he practices in another jurisdiction and his active suspension will begin sixty days after the entry of this Order in order to provide sufficient time to transition his patient population.  Dr. Vorobyev must pay a penalty in the amount of $5,000.00 and attend and successfully complete a Board approved Ethics and Billing Courses within six months of the date of entry of this Order.  EFFECTIVE DATE: July 20, 2010.


THE NEW JERSEY STATE
BOARD OF MEDICAL EXAMINERS

William V. Roeder
WVR/jj Executive Director


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