COMMONWEALTH OF PROTHONOTARY DEPARTMENT OF STATE BEFORE THE STATE BOARD OF MEDICINE 20the Matter of the Petition for Department Oi Shire Reinstatement of the License Docket NO. 0120?49-1 1 To Practice Medicine of Thomas Tyma, M.D., File No. 11-49-00641 Petitioner FINAL ORDER REINSTATING LICENSE TO UNRESTRICTED STATUS This matter comes before the State Board of Medicine (Board) on the Petitioner?s request, pursuant to the Memorandum Order Continuing Temporary Suspension, at ?le no. 1 1-49-00641, to return his license to unrestricted status, and WHEREAS, on March 2nd 2011, Chief Hearing Examiner Frank C. Kahoe found a prima facie case supporting the temporary suspension of Petitioner?s license to practice medicine and surgery as ordered by the State Board of Medicine?s probable cause screening committee on anuaiy 31, 201 l; and WHEREAS, the suspension of Petitioner?s license was continued, but in no event more than 180 days from January 31, 2011; and WHEREAS, 180 days have passed and Petitioner has requested reinstatement of his license to practice medicine and surgery; AND NOW, this day of August 201 1 it is hereby ORDERED that the license of Thomas Tyma, M.D., license no. MD049451L be and hereby is, reinstated to unrestricted status effective immediately. BY ORDER: STATE BOARD OF MEDICINE Cami Egan?L, CAROL E. ROSE, M.D. CHAIRPERSON Petitioner?s Attorney: Prosecuting Attorney: Board Counsel: Date of Mailing: Stanton D. Levenson, Esq. P.O. Box 81630 Pittsburgh, PA 15217 Keith Bashore, Esquire Steven R. Dade, Esquire August 4, 2011 COMMONWEALTH OF PROTHONOTARY DEPARTMENT OF STATE BEFORE THE STATE BOARD OF MEDICINE 20the Matter of the Petition for Department Oi Shire Reinstatement of the License Docket NO. 0120?49-1 1 To Practice Medicine of Thomas Tyma, M.D., File No. 11-49-00641 Petitioner FINAL ORDER REINSTATING LICENSE TO UNRESTRICTED STATUS This matter comes before the State Board of Medicine (Board) on the Petitioner?s request, pursuant to the Memorandum Order Continuing Temporary Suspension, at ?le no. 1 1-49-00641, to return his license to unrestricted status, and WHEREAS, on March 2nd 2011, Chief Hearing Examiner Frank C. Kahoe found a prima facie case supporting the temporary suspension of Petitioner?s license to practice medicine and surgery as ordered by the State Board of Medicine?s probable cause screening committee on anuaiy 31, 201 l; and WHEREAS, the suspension of Petitioner?s license was continued, but in no event more than 180 days from January 31, 2011; and WHEREAS, 180 days have passed and Petitioner has requested reinstatement of his license to practice medicine and surgery; AND NOW, this day of August 201 1 it is hereby ORDERED that the license of Thomas Tyma, M.D., license no. MD049451L be and hereby is, reinstated to unrestricted status effective immediately. BY ORDER: STATE BOARD OF MEDICINE Cami Egan?L, CAROL E. ROSE, M.D. CHAIRPERSON Petitioner?s Attorney: Prosecuting Attorney: Board Counsel: Date of Mailing: Stanton D. Levenson, Esq. P.O. Box 81630 Pittsburgh, PA 15217 Keith Bashore, Esquire Steven R. Dade, Esquire August 4, 2011 RECEIVED - 2012 COMMONWEALTH OF Department of State DEPARTMENT OF STATE Prothonotarv BEFORE THE STATE BOARD OF MEDICINE Commonwealth of Bureau of Professional and Occupational Affairs . Docket NO. 0589-49-12 v. - File No. 11?49-11370 Thomas A. Tyma, M.D., Respondent ORDER CAN CELING HEARING AND CONTINUING IMMEDIATE TEMPORARY SUSPENSION AND NOW, this 18th day' Of April 2012, upon consideration of the Respondent?s request to waive the preliminary hearing in this matter scheduled for April 20, 2012, and the Respondent agreeing to the imposition of the immediate temporary suspension, the preliminary hearing is canceled and the temporary suspension of Respondent?s License, NO. MD049451L, ordered by the State Board of Medicine on March 27, 2012 shall remain in effect until vacated by the State Boardof Medicine, but in no event longer than 180 days, unless otherwise ordered or agreed to by the participants. BY ORDER: - ?ohn T. Henderson, Jr. Hearing Examiner Date of Mailing: {Thai/17x For the Commonwealth: Keith E. Bashore, Esquire COMMONWEALTH OF DEPARTMENT OF STATE PO. Box 2649 Harrisburg, PA 17105-2649 For Respondent: William H. Difenderfer, Esquire . DIFENDERFER, ROTHMAN HABER 304 Ross Street, Suite 400 Pittsburgh, PA 15219 COMMONWEALTH OF DEPARTMENT OF STATE BEFORE THE STATE BOARD OF MEDICINE Commonwealth of Bureau of Professional and Occupational Affairs File No. 12?49?04789 v. . Docket No. 1097-49-12 Thomas A. Tyma, MD, Respondent FINAL ORDER ADOPTING HEARING ADJUDICATION AND ORDER eh.? . AND NOW, this 8/ day of December, 2012, noting that nelther party filed an application for review and that the State Board of Medicine (Board) did not issue a Notice of Intent to Review, in accordance with 1 Pa. Code and 49 Pa. Code 16.57, the hearing examiner?s adjudication and order dated November 5, 2012-, attached to this order as Appendix A, is now the FINAL ORDER of the Board in this proceeding. This order shall be effective immediately. BUREAU OF PROFESSIONAL STATE BOARD OF MEDICINE OCCUPATIONAL AFFAIRS I E?s/iox/ KATIE TRUE JAMES w. FREEMAN, MD COMMISSIONER - CHAIR Respondent?s attorney? Barbara A. Zemlock, Esquire POST SCHELL, RC. 17 North Street, 12th Floor Harrisburg, PA 17101 Prosecuting attorney: Keith E. Bashore, Esquire Board counsel: David 0. Chick, Jr., Esquire Date ofmailing; December 5, 2012 mamas I This case comes before the hearing examiner for the State Board of Medicine (Board) on an Order to Show Cause (OSC) ?led by the Commonwealth on June 18, 2012, alleging that Thomas A. Tyma, M.D. (Respondent) is subject to disciplinary action under section 41(3) of the Medical Practice Act of 1985 (Act), Act of December 20, 1985, PL. 457, as amended, at 63 PS. in that on March 19, 2012 Respondent was convicted of eighteen misdemeanor counts of indecent assault, which constituted misdemeanors relating to a health profession, in the Allegheny County Court of Common Pleas in Commonwealth of v. Thomas Tyma, at Criminal Action Nos. CC201102032, CC201102031, CC201111977, CC201102583, CC201104424, CC201107833, CC201104600, CC201102564 and CC201102034. On May 24, 2012, Respondent was sentenced at CC201102032, CC201102031, CC201111977, C0201102583, CC201104424, CC201107833, CC201104600 and CC201102564 to two years. probation, to be served concurrently, and in CC201102034 to incarceration for a term of 60 days, to a county intermediate punishment program for a term of one year, and two years probation to be served consecutively to the probation imposed in the other matters. On March 27, 2012, the Board?s Probable Cause Screening Committee issued an Order of Temporary Suspension, at Docket No. 0589-49-12, suspending Respondent?s license to practice medicine in the Commonwealth for no more than 180 days.1 On August 15, 20.12, Respondent ?led an Answer to the OSC and requested a hearing. A hearing was scheduled in this matter for September 5, 2012, but that hearing was continued at ReSpondent?s request. Thehearing in this matter was held on October 5, 2012 in Harrisburg. - 1 On {tugust 30, 2012, the hearing examiner granted Respondent?s motion for continuance of the hearing in this matter scheduled for September 5, 2012, upon Respondent agreeing to continue the immediate temporary suspension for an additional 60 days to November 23, 2012. By Stipulation filed on October 19, 2012, Respondent agreed to continue the immediate temporary suspension of his license to December 7, 2012. i 1 FINDINGS OF FACT 1. Respondent holds a license to practice medicine and surgery in the Commonwealth of License No. MD049451L, which was originally issued on March 17, 1993. (Board records) 2. Respondent?s license was current through December 31, 2012, but was suSpended by Order of the Board?s Probable Cause Screening Committee on March 27, 2012. (Board records) 3. At all times pertinent to the factual allegations, Respondent held a license to praCtice medicine and surgery in the Commonwealth. (Board records) - 4. Respondent?s last known address on ?le with the Board is 150 Lake Drive, Suite 109, Wexford, PA 15090, but Respondent?s current address is 1643 Blackburn Heights Drive, Sewickley, PA 15143. (Board records; Answer, 6) i 5. On January 11, 2011, a Police Criminal Complaint and Af?davit of Probable Cause was ?led in Magisterial District Court No. 05-2-46 in Allegheny County, in the matter of Commonwealth of v. homos Tyma. (OSC, Exhibit 2 and Answer) 6. The Af?davit of Probable Cause listed the location where the alleged crime occurred as 150 Lake Road, Suite 109, Wexford, PA 15090, which was the?address of his medical of?ce. (OSC, Exhibit 2 and Answer) 7. On March 25, 2011, a Criminal Infonnation was filed in the Allegheny-County Courtof Common Pleas in the matter of Commonwealth of v. Thomas 23mm, at "Criminal Action No. CC201102032. Exhibit 3 and Answer) 8. On March 19, 2012, Respondent was found guilty in the Allegheny County Court of Common Pleas in the matter of Commonwealth of Pennsyivania v. Thomas Tyma, at Criminal Action No. CC201102032, of one misdemeanor count of Indecent Assault. (OSC,.Exhibit and Answer) On May 24, 2012, Reapondent was sentenced to two years probation as a result of his criminal conviction in Criminal Action No. C0201102032, to be served concurrently with probation to which he was sentenced in Criminal Action No. (OSC, Exhibit 5 and Answer) 10. On January 24, 2011, a Police Criminal Complaint and Af?davit of Probable Cause was ?led in Magisterial District Court No?. 05-2?46 in Allegheny County, in the matter of Commonwealth v. Thomas Tyma. (OSC, Exhibit 6 and Answer) I 11. 'The Af?davit of Probable Cause listed the location. where the alleged crime I occurred as 150 Lake Road, Suite 109, Wexford, PA 15090, which was the address of his medical of?ce. (OS C, Exhibit 6 and Answer) 12. I On March 25, 2011, a Criminal Information was ?led in the Allegheny County Court of Common Pleas in the-matter of Commonweafth v. Thomas Tyma, at Criminal Action No. CC201102031. (OSC, Exhibit 7 and Answer) 13. I On March 19, 2012, ReSpondent was found guilty in the Allegheny County Court of Common Pleas in the matter of Commonwealth of v. Thomas Tyma, at Criminal Action No. CC201102031, of three misdemeanor counts of Indecent Assault. (OSC, Exhibit 8 and Answer) 14. On May 24, 2012, ReSpondent was sentenced to two years probation as a result of - his criminal conviction in Criminal Action No. CC201102031, to be served concurrently with probation to which he was sentenced in Criminal Action No. CC201102034. (OSC, Exhibit 9 and Answer) I - I i 4 .15. On Eebruary 10, 201.1, a Police Canaan Complaint and Af?davit of Probable Cause was ?led in Magisterial District Court No. 53-1-01 in Lawrence County, in the matter of Commonwealth of v. Thomas Tymo. (OSC, Exhibit 10 and Answer) 16. The Af?davit of Probable Cause listed the location where the alleged crime occurred as 1000 S. Mercer St, New Castle, Jameson South Campus.? (OSC, Exhibit 10 and Answer) 17. . On November 9, 2011, a Criminal Information was filed in the Allegheny County Court of Common Pleas in the matter of Corarizogtwealth of v. Thomas Tyma, at Criminal Action No. CC201111977. (OSC, Exhibit 11 and Answer) 18. On March 19,2012, ReSpondent was found guilty in the Allegheny County Court - of Common Pleas in the matter of Commonwealth v. homas Tyma, at Criminal Action No. CC201111977, of one misdemeandr count of Indecent Assault. (OSC,-Exhibit 12 and Answer) 19. On May 24, 2012, Respondent was sentenced to two-years probation as a result of his criminal conviction in Criminal Action No. CC201111977, to be served concurrently with probation to which he was sentenced in Criminal Action No.- CC201102034. (OSC, Exhibit 13 and Answer) I 20. On February 14,2011, a Police Criminal Complaint and Af?davit of Probable Cause was ?led in Magisterial District Court No. 05-2-46 in Lawrence County, in the matter of Commonweoith of v. Thomas ymo. (OS C, Exhibit 14 and Answer) 21. The Af?davit of Probable Cause listed the location where the alleged crime occurred as ?Allegheny North Arthritis Center, 150 Lake Rd, Wexford, PA 15090.? (OSC, Exhibit 14 and Answer) 22. On March 25, 2011,1a criminal Information was filed in. the Allegheny County Court of Common Pleas in the matter of Commonwealth of Thomas Tymo, at Criminal Action No. CC201102583. (osc, Exhibit 15 and Answer) 23. On March 19, 2012, Respondent was found guilty in the Allegheny County Court of Common Pleas in the matter of Commonwealth of v. Thomas Tyma, at Criminal Action No. CC201102583, of four misdemeanor counts of Indecent Assault. (OSC, Exhibit 16? and Answer) 24. On May 24,2012, Respondent was sentenced to two years probation as a result of his criminal conviction in Criminal Action 'No. ICC201102583, to be served concurrently with probation to which he was sentenced in Criminal Action No. CC201102034. (OSC, Exhibit 17 and Answer) 25. On March 4, 2011, a Police Criminal Complaint and Af?davit of Probable Cause I was filed in Magisterial District Court No. 05?2?46 in Allegheny County, in the matter of Commonwealth of v. Thomas Tyma. (OSC, Exhibit 18 and Answer) 26. The Affidavit of Probable Cause listed the location where the alleged crime occurred as H?Allegheny North Arthritis Center, 150 Lake Rd, Wexford, PA 15090.? (OSC, Exhibit 18 and Answer) 27. On May 2, 2011, a Criminal Information was ?led'in the Allegheny County Coilrt of Common Pleas in the matter Commonwealth of Pennsyivanta v. homos Tymo, at Criminal Action No. CC201104424. (OSC, Exhibit 19 and Answer) - 28. On March 19, 2012, Respondent was found guilty in the Allegheny County Court of Common Pleas in the matter of Commonwealth of v. Thomas Tyma, at Criminal Action No. CC201104424, of one misdemeanor count of Indecent Assanlt. (OSC, Exhibit 20 and Answer) - 29. On May 24,2012, Respondent was sentenced to two years probation as a result of his criminal convictionin Criminal Action No. CC201104424, to be served concurrently with probation to which he was sentenced in Criminal Action No. CC201102034. (OSC, Exhibit 21 and Answer). I - 30. On March 4, 2011,-a Police Criminal Complaint and Af?davit of Probable Cause was ?led in Magisterial District Court No. 052-46 in Allegheny county, in the matter of Commonwealth of v. Thomas Tyma. (OSC, Exhibit 22 and Answer) 31. The Af?davit of Probable Cause listed the location where the alleged crime occurred as Passavant Hospital, .9100 Babcock Blvd, Pittsburgh, PA 15237.? (OSC, Exhibit 22 and Answer) 32. On August 18, 2011, a Criminal Information was ?led in the Allegheny County Court of Common Pleas in the matter of Commonwealth of v. Thomas yma, at Criminal Action No. CC201107833. (osc, Exhibit 23 and Answer) - 33. On March 19, 2012, Respondent was fonnd guilty in the Allegheny County Court of Common Pleas in the matter of Commonwealth of v. Thomas Tyma, at Criminal Action No. CC201107833, of one misdemeanor count of Indecent Assault. (OSC, Exhibit 24 and Answer) 34. On May 24, 2012, Respondentwas sentenced. to two years probation as a reSult of his criminal conviction in Criminal Action No. CC201107832, to. be served concurrently with I probation to which he was sentenced in Criminal Action No. CC201102034. (OSC, Exhibit 25 and Answer) I - i 35,- On March 3, 2011, a Police Criminal Complaint and Af?davit of Probable Cause was ?led in Magisterial District Court No. 05-2-12 in Allegheny County, in the . matter-of Commonwealth v. Thomas yma. Exhibit 26 and Answer) 36. The Af?davit of Probable Cause listed the location where the alleged crime occurred as ?150 Lake Rd, Wexford, PA 15090.? (OSC, Exhibit 26 and Answer) 1 37. On May 20, 2011, a Criminal Information was ?led in the Allegheny County Court of Common Pleas in the matter of Commonwealth of 12. Thomas Tyma, at Criminal Action No. CC201104600. (OSC, Exhibit 27 and Answer) 38. On "March 19, 2012, Respondent was found guilty in the Allegheny County Court of Common Pleas in the matter of Commonwealth of v. homers Tyma, at Criminal Action No. CC201104600, of one misdemeanor count of Indecent Assault. (OSC, Exhibit 28 and Answer) 39. On May 24, 2012, Respondent was sentenced to two years probation as a result. of his criminal conviction in Criminal Action No. CC201104600, to be served concurrently with I probation to which he was sentenced in Criminal Action 'No. CC201102034. Exhibit 29 and Answer) 40. On February 25, 2011, a Police Criminal Complaint and Affidavit of Probable Cause was ?led in Magisterial District Court No. 05-2-46 in Allegheny County, in the matter of Commonwealth v. Thomas Tyma. Exhibit 30 and Answer) 41. The Af?davit of Probable Cause listed the location where the alleged crime occurred as ?Allegheny North Arthritis Center, 150 Lake Rd, Wexford, PA 15090.? (OSC, Exhibit 30 and Answer) 42. On March 25, 2011, a Criminal Information was ?led in the Allegheny County Court of Common Pleas in the matter of Commonwealth of v. Thomas Tynta, at Criminal Action No. CC201102564. (OSC,Exhibitv31 and Answer) 43. On March 19, 2012, Respondent was found guilty in the Allegheny County Court of Common Pleas in the matter of Commonwealth of v. Thomas Tyma, at Criminal Action No. CC201102564, of two misdemeanor counts of Indecent Assault. (OSC, Exhibit 32 and Answer) 44. On May 24, 2012, Respondent was sentenced to two years probation. as a result of his criminal conviction in Criminal Action No. CC201102564, to be served concurrently with probation to which he was sentenced in Criminal Action No. (OSC, Exhibit 33 and Answer) 45. On January 27, 2011, a Police Criminal Complaint and Af?davit of Probable Cause Was filed in Magisterial District Court No. 05-2-46 in Allegheny County, in the matter of Commonwealth of v. Thomas Tyma. (OSC, Exhibit 34 and Answer) 46. The Af?davit of Probable Cause listed the location where the alleged crime occurred as ?Allegheny Nerth Arthritis Center.? (OSC, Exhibit 34 and Answer) I 47. On March 25, 2011, a Criminal information was filed. in the Allegheny County Court?of Common Pleas in the matter of Commonwealth of v. Thomas Tyma, at cams Action No. ooze-1102034. (osc, Exhibit and Answer) 48. On March 19, 2012, Respondent was found guilty in the Allegheny County Court of Common Pleas in the matter of Commonwealth of v. Thomas Tyma, at Criminal Aetion No. CC201102034, of six misdemeanor counts of Indecent Assault; (OSC, Exhibit 36 and Answer) I 49. On May 24, 2012, Respondent was sentenced to be con?ned-for a term of 60 days . at Allegheny County I ail, to be placed in a connty intermediate pnnishment program for a term of one year, and to two years probation as a result of his criminal conviction in Criminal Action No. CC201102034, to be served consecutively with probation to which he was sentenced in Criminal Action No. C0201102034. . (osc, Exhibit 37 and Answer) 50. I Respondent was served with the 080 and all subseduent pleadings, orders, and motions filed of record in this matter. (Docket No. 1097-49-12) 51. Respondent did not attend the hearing held on October 5, 2012, but was represented by counsel at the hearing. (N .T. 7) CONCLUSIONS OF LAW 1. The Board has jurisdiction in this matter. (Findings oi? Fact, Nos. 1-3) 2. I Respondent has been afforded reasonable-notice of the charges against him and an opportunity to be heard in this proceeding, in accordance with the Administrative Agency Law, 2 Pa. C.S. 504. (Findings of Fact, Nos. 5061) I 3. Respondent is subject to disciplinary action under the Act at 63 PS. 422.416), in that Respondent was, of a misdemeanor relating to the health care profession in a court of this Commonwealth. (Findings of Fact, Nos. 5?49) 11. - . DISCUSSION This action is brought under section 41(3) of the Act, 63 RS. which provides as follows: 422.41. Reasons for refusal, revocation, suspension or other corrective actions against a licensee or certi?cate holder The Board shall have authority to impose disciplinary or corrective . measures on 'a board?regulated practitioner for any or all of the following reasons: i- s- a- (3) Being convicted of a felony or being convicted of a misdemeanOr relating to a health profession or receiving probation without _verdict, disposition in lieu of trial or an Accelerated Rehabilitative Disposition in the disposition of felony charges, in the courts of this Commonwealth, a Federal court of a court of any other state, territory or country. 4: The COmrnonwealth charged in it's OSC that Respondent is subject to disciplinary action under the Act at 63 PS. in that on March 19, 2012 Respondent was convicted of eighteen misdemeanor counts of indecent assault, which constituted misdemeanors relating-to a health profession, in the Allegheny County Court of Common Pleas in Commonweaith of v. Thomas yma, at Criminal Action Nos. CC201102032, CC201102031, CC201102583, ICC201104424, CC201107833, CC201104600, CC201102564 and CC201102034. I On May 24, 2012, Respondent was sentenced at CC201102032, CC201102031, CC201111977, CC201102583, CC201104424, CC201107833, CC201104600 and CC201102564 to two years probation, to be served concurrently, and in CC201-102034 to I incarceration for a tenn of'60 days, to a county intermediate punishment program for a term of one ,year, and two years probation to be served consecutively to the probation imposed in the other matters. On March 27, 2012, the Board?s Probable Cause Screening Cominittee issued an Order of Temporary Suspension, at Docket No. 0589-49-12, suspending Respondent?s license to practice medicine in the Commonwealth for no more than 180 days. I The Commonwealth?s evidence in" this case consisted of a copy of the Order to Show Cause filed in this matter, together with documentation attached to the OSC including the Police Criminal Complaint, Af?davit of Probable Cause, Criminal Information, Guilty Verdict and Sentencing Order, in the Allegheny County Court of Common Pleas in Commonwealth of v. Thomas yma, at Criminal Action Nos, CC201102032, CC201102031, CC201111977, CC201102583, CC201104424, CC201107833, CC201104600, CC201102564 and CC201102034, which showed that Respondent was convicted of 18 counts of Indecent Assault. Also entered into evidence was Respondent?s Answer to the OS C, in which Respondent admitted that he was convicted- of_18 counts of Indecent Assault, although maintaining his innocence of those charges. Respondent did not appear at the hearing to contest the allegations A in the OSC. A review of all of the ?lings in this matter shows that the Commonwealth has proven the allegations set forth in Counts One through Nine of its OSC by a preponderance of the evidenCe, subjecting Respondent?s license to practice medicine and surgery in to disciplinary action or corrective measure, pursuant to thelAct at 63 PS. 422.410). . . Respondent did not appear at the hearing to offer any mitigating evidence in this matter. His counsel did appear at the hearing and argued that, although Respondent was convicted of 18 counts of indecent assault that occurred while he was practicing as a physician, an indecent assault does not require one to be a physician or to be any kind of health care provider for that crime to be committed, that indecent assault can be committed anywhere, and that the underlying elements of the offense of indecent assault do not link Respondent in any way to a health 13 profession. Respondent therefore argues that he has not been cenvicted to a misdemeanor relating to a health profession, and that the OSC should be dismissed. The Commonwealth pointed out, in contrast, that ReSpondent treated female patients and was found guilty of misdemeanor indecent assault of those female patients that occurred during the, course of medical treatment Respondent provided to those female patients. The indecent assaults of which Respondent was convicted actually occurred While those female patients were - being treated by Respondent, on the premises of various medical, facilities as outlined in the documentary evidence entered by the Commenwealth. The hearing examiner finds Respondent?s A argument that the convictions do not comprise misdemeanors relating to a health profession to be specious, in that Respondent was convicted of indecent assault of female patients he was supposed to be medically treating at a health care facility. While ReSpondent maintains his innocence of the charges, he was convicted in the Allegheny Court of Common Pleas and has been subsequently sentenced. Respondent is appealing his convictions, but unless and until the convictions are overturned by an appeals court, Respondent is subject to disciplinary action by the Board based upon his convictions. The ?nal issue to be decided here is the appropriate penalty. Respondent?s conviction of misdemeanors relating to a health profession gives the Board the authority to impose disciplinary measures againsthim. Respondent was convicted of 18 counts of indecent assault of female patients he was supposed to be treating for various medical conditions. The Board has a duty to protect the health and safety I. of the public. The Commonwealth?s prosecuting attorney recommended that Respondent?s license to practice medicine and surgery in should be revoked. Given the nature of Respondent?s misdemeanor convictions related his practice of . medicine, and the Legislature?s acknowledgement that such activity is considered a serious ?14 breach of a license holder?s professional obligations as a licensee, the hearing examiner ?nds that a severe sanction is apprOpriate in this matter. Accordingly, the hearing examiner agrees with the prosecuting attorney?s recommendation that ReSpondent?s license be revoked, that revocation retroactive to March 27, 20l2, which is that date of the immediate temporary suspension of Respondent?s license to practice medicine in I Accordingly, based upon'the above ?ndings of fact, conclusions of law and discussion, and in the absence of mitigation, the following order will issue: COMMONWEALTH OF DEPARTMENT OF STATE STATE BOARD OF MEDICINE Commonwealth of Bureau of Professional and Occnpational Affairs . . Docket No. 1097-49-12 V. File No. 12?49~04789 Thomas A. Tyrna, M.D., Respondent ORDER NOW, this 2nd day of November, 2012, upon consideration of the foregoing findings of fact, conclusions of law and discussion, Respondent, Thomas A. Tyma, M.D., is subject to disciplinary action pursuant to the Act at 63 PS. 422.416), in that Respondent was . convicted of eighteen misdemeanor relating to a health profession, and. it is hereby ORDERED that Respondent?s license to practice medicine and surgery in the Commonwealth _of License No. MID049451L, is REVOKED retroactive to March 2.7, 2012. Respondent shall cease practicing medicine and surgery in the Commonwealth of and shall return all licensure documents, including wall certi?cates and wallet card, to the following address: State Board of Medicine Attn.: Board Counsel P.0. 80112649 - Harrisburg, PA 17105-2649 - This order? shall take effect twenty (20) days from the date of mailing, shown below, unless othemfise ordered by the State Board Of Medicine. BY ORDER: For the Commonwealth: Keith E. Bashore, Esquire Commonwealth of OFFICE OF GENERAL COUNSEL - Department Of State PO. BOX 2649 Harrisburg, PA 17105-2649 For Respondent: Barbara A. Zemlock, Esquire POST SCHELL, RC. 17 North 2mi Street, 12th Floor Harrisburg, PA "17101 Date ofMat'ling: {l T: (lviedic'ine) - REHEARING OR RECONSEERATION BY BEARIN EXAMINER A party may ?le an application to the hearing examiner for rehearing or reconsideration Within 15 days of the mailing date of this adjudication and order. The application must be captioned ?Qetpplication for Rehearing?, ?Application for Reconsideration?, or ?Application for Rehearing or Reconsideration It must state Speci?cally and concisely, in numbered paragraphs, the grounds relied upon in seeking rehearing or reconsideration, including any alleged error in the adjudication. If the adjudication is sought to be vacated, reversed, or modi?ed by reason of matters that have arisen since the hearing and decision, the matters relied upon by the petitioner must be set forth in the application. . APPEAL T0 BOARD An application to the State Board of Medicine for review of the hearing examiner?s adjudication and order must be ?led'by a party Within 20 days of the date of mailing of this adjudication and order. The application must be captioned ?Application for Review?. It must state specifically and concisely, in numbered paragraphs, the grounds relied upon in seeking the Board?s review of the hearing examiner?s decision, including any alleged error in the adjudication. Within an application for review a party may request that the Board hear additional argument and take additional evidence. An application to the Board to review the hearing examiner?s decision may be ?led iITeSpective of whether an application to the hearing examiner for rehearing or reconsideration is ?led. . STAY OF HEARING ORDER Neither the ?ling of an application for reheaiing and/or reconsideration nor the ?ling of an application for review-operates as a stay of the hearing examiner?s order. To seek a stay of the hearingexaminer?s order, the party must ?le an application for stay directed to the Board. FILING AND SERVICE An original and three (3) copies of all applications shall be filed With: Prothonotary PO. Box 2649 Harrisburg, '17105?2649 copy of all applications must also be served on all parties. Applications must be. received for ?ling by the Prothonotary within the time limits I Speci?ed. The date of receipt at the office of Prothonotaiy, and not "the date of deposit in the mail, is determinative. The ?ling of an application for rehearing andfor reconsideration does not . extend, or in any?other manner affect, the time period in which an application for review may be V?led.? Revised 9/09 NOTICE The attached Final Order represents the ?nal agency decision in this matter. It may be appealed to the Commonwealth Court of by the ?ling of a Petition for Review with that Court within 30 days after the entry of the order in accordance with the Rules of Appellate Proced?re. See Chapter 15 of the Rules of Appellate Procedure entitled ?Judicial Review of Governmental Determinations,? Pa. R.A.P 1501 1561. Please note: An order is entered on the date it is mailed. If you take an appeal to the Commonwealth Court, you must serve the Board with a copy of your Petition for Review. The agency contact for receiving service of such an appeal is: Board Counsel PO. Box 2649 Harrisburg, PA 17105-2649 The name of the individual Board Counsel is identi?ed on the Final Order. NEW YORK 1? state department of Nzrau R. Shah, MD. MP H. Sue Kelly Commissioner Executive Deputy CommisaionIa-r September 20, 201 1 IED MAIL-RE TURN RECEIPT REQ UES TED 'l'hornas A. Tyma. MD. Re: License No. 168039 Dear Dr. Tyrna: Enclosed is a copy of the New York State Board for Professional Medical Conduct (BPMC) Order No. 11-228. This Order Not to Practice Medicine goes into effect September 27. 201 1. Please direct any questions to: Board for Professional Medical Conduct, 433 River Street, Suite 303, Troy, NY 12180, telephone (518)402-0863. Sincerely, Katherine A. Hawkins, M.D., J.D. Executive Secretary Board for Professional Medical Conduct Enclosure cc: Stanton D. Levenson. Esq. PO. Box 31630 Pittsburgh, PA 15217 HEALTH.NY.GOV iacebookcomx?NYSDOH NEW YORK STATE DEPARTMENT OF HEALTH STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT IN THE MATTER OF ORDERFOH THOMAS A. TYMA, MD. NON PRACTICE OF MEDICINE. BPMC No. 11-228 Upon the proposed application and agreement of THOMAS A. TYMA, M.D., (Respondent) for an Order by which Respondent agrees to cease the practice of medicine in the state of New York pending the ?nal disposition of the present Department of Health, Office of Professional Medical Conduct investigation of certain aspects of the Respondent's medical practice, which application and agreement is made a part hereof, it is agreed to and ORDERED, that the application and agreement and the provisions thereof are hereby adepted and so ORDERED, and it is further ORDERED, that this order shall be effective upon issuance by the Board, which may be accomplished by mailing, by first class mail, a copy of the Order to Respondent's attorney or upon transmission via facsimile to Respondent?s attorney, whichever is earliest. SO ORDERED. memorial) DATED: ?fllCilrt I Chair State Board for Professional Medical Conduct -F. . NEW YORK STATE DEPARTMENT OF HEALTH STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT APPLICATION FOR i THE MATTER AND AGREEMENT i i i THOMAS A. TYMA M.D. i ORDER 0.: THE co-11-02-0797-A BOARD THOMAS A. TYMA, M.D., being duly sworn, deposes and says: That on or about October 8, 1986, was licensed to practice medicine in the state of New York, having been issued license number 168039 by the New York State Education Department. My current address is and I will advise the Director of the Office of Professional Medical Conduct of any change of my address within thirty (30) days thereof. I understand that the New York State Board for Professional Medical Conduct is investigating certain aspects of my medicai practice to determine if I may have engaged in professional misconduct. I agree. hereby, to the following I will not engage in the practice of medicine in the state of New York, or in any other jurisdiction where that practice of medicine is predicated on my license to practice medicine in the state of New York pending the final disposition of the currently open Department of Heaith, Office of Professional Medical Conduct investigation. I agree, further, to abide by such final disposition, without waiving, hereby, any rights to appeal to which i might otherwise be entitled. For the purpose of this agreement, "final disposition" shall mean the later of any disposition by administrative closure or determination of a Hearing Committee of the State Board for Professional Medical Conduct. stipulate, hereby, that any failure by me to comply with the above condition imposed by this Order shall constitute misconduct as defined by New York State Education Law ?6530(29). rl no ed eb atan ctivi me that constitutes the practice of medicine in the state of New York at anytime after the effective date of this Order and during the of the Qrder in the state at New York gr in any other iurisdiction when that pragige of medicng is predicated on my license to practice medicine in the state of New York, shall constitute the unauthorized practice of medicine within the meaning of N.Y. Educ. Law defining a glass felony. presently maintain hospital privileges at My employment is If: I agree to neither exercise nor seek privileges or employment as a physician during the pendency of this agreement, in the state of New York or in any other jurisdiction where that practice of medicine is predicated on my license to practice medicine in the state of New York. I understand that unless and until I am allowed to resume the practice of medicine under the terms of this agreement, my licensure status is "inactive" and I am not authorized to practice medicine in the state of New York or any other jurisdiction where that practice of medicine is predicated on my license to practice medicine in the state of New York. I further understand that any practice of medicine while my license is "inactive" shall constitute a violation of New York Education Law Section 6530(12), regardless of the location of such practice. Finally. i agree that this agreement may be made public in the same manner as a determination of a Hearing Committee that imposes discipline on a physician, including notice to the National Practitioners? Data Bank. I understand that unless and until I am allowed to resume the practice of medicine in the state of New York under the terms of this agreement, I shall notify all persons who request my medical services that have ceased the active practice of medicine. I understand that the Department of Health, Office of Professional Medical Conduct shall notify each hospital or facility at which I presently hold privileges, or at which I obtain privileges during the pendency of this agreement, that I have ceased the active practice of medicine in the state of New York; and that my New York state licensure status during the pendency of the agreement is inactive. i make, hereby, this Application to the State Board for Professional Medical Conduct (the Board) and request that it be granted. I understand, that in the event that this Application is not granted by the Board, nothing contained herein shall be binding upon me or construed to be an admission of any act of misconduct alleged or charged against me, such Application shall not be used against me in any way and shall be kept in strict confidence during the pendency of any professional misconduct disciplinary proceeding; and such denial by the Board shall be made without prejudice to the continuance of any disciplinary proceeding and the final determination by the Board pursuant to the provisions of the Public Health Law. I agree that, in the event the Board grants my Application, as set forth herein, an Order of the Chairperson of the Board shall be issued in accordance with same. i agree that such Order shall be effective upon issuance by the Board, which may be accomplished by mailing, by first class mail, a copy of the Order to my attorney or upon transmission via facsimile to my attorney, whichever is earliest. I am making this Application of my own free will and accord and not under duress, compulsion or restraint of any kind or manner. in consideration of the value to me of the acceptance by the Board of this Application, knowingly waive any right i may have to contest the Order for which I hereby apply, whether administratively or judicially. and ask that the Application be granted. AFFIRMED: DATED g?z/z (gowo?m The undersigned agree to the attached application of the Respondent based on the terms and conditions thereof. DATE: 12/ I is? ANTON D. LEVENSON Attorney for Respondent f1 6 i' DATE. 21 ii JUDE B. MULV Associate Counsel Bureau of Professional Medical Conduct DATE: EHDACTED fig?? Kat; w. seems Director . Office of Professmnal Medical Conduct NEW l0 llc? state department of NIFEW R. Shah, MD, MPH. Sue Kelly Commissmna Executive Deputy Commissioner June 14, 2013 CERTIFIED RECEIPT REQUESTED 'l'homas A. Tyma, M.D. REDACTED Re: License No. 168039 Dear Dr. Tyma: Enclosed is a copy of the New York State Board for Professional Medical Conduct (BPMC) Order No. 13-179. This order and any penalty provided therein goes into effect June 21, 2013. If the penalty imposed by this Order is a surrender, revocation or suspension, you are required to deliver your license and registration within five days of receipt of this Order to: cfo Physician Monitoring Unit, NYS DOH - OPMC, Riverview Center, Suite 355, 150 Broadway, Albany.J NY 12204-2719. If your license is framed, please remove it from the frame and only send the parchment paper on which your name is printed. Our of?ce is unable to store framed licenses. If the document(s) are lost, misplaced or destroyed, you are required to submit to this office an affidavit to that effect. Enclosed for your convenience is an affidavit. Please complete and sign the affidavit before a notary public and return it to the Of?ce of Professional Medical Conduct. Please direct any questions to: Board for Professional Medical Conduct, 90 Church Street, 4th Floor, New York, NY 10007-2919, telephone 212-417-4445. Sincerely, REDACTED Katherine A. Hawkins, M.D., .I.D. Executive Secretary Board for Professional Medical Conduct Enclosure cc: William H. Difenderfer, Esq. Difenderfer, Rothman Haber 304 Ross Street, Suite 400 Pittsburg, PA 15219 HEALTH.NY.GOV lacebook.com/NYSDOH twitter STATE OF NEW YORK DEPARTMENT OF HEALTH BPMC NO. 13-179 STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT IN THE MATTER SURRENDER OF ORDER THOMAS A. TYMA, MD. CO-O1-UZ-O797-A Upon the application of THOMAS A. TYMA, M.D., (Respondent), to Surrender his license to practice medicine in the State of New York, which is made a part of this Surrender Order, it is ORDERED, that the Surrender. and its terms, are adopted and it is further ORDERED. that Respondent's name be stricken from the roster of physicians in the State of New York; it is further ORDERED, that this Surrender Order shall be effective upon issuance by the Board, either by mailing of a copy of this Surrender Order, either by ?rst class mail to Respondent at the address in the attached Surrender of License or by certi?ed mail to Respondent's attorney, or upon facsimile transmission to Respondent or Respondent's attorney, whichever is ?rst. SO ORDERED. RE DACTED ARTHUR s. HENGERER, Mia?s-m Chair State Board for Professional Medical Conduct DATE: 5/13/2013 STATE: OF NEW YORK DEPARTMENT OF HEALTH I STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT I IN THE MATTER SURRENDER OF OF THOMAS TYHA. MD. LICENSE 004 $3079? -A THOIIAS TYIIA, MIL. (Resp-undeat}. represenan that alt or the followrng statements are true. deposes and says: That on or about October El. 1986. I was licensed to practice In the State of New York and Issued license number 168039 by the New York State Education Department. My current address :5 RE DACTED I understand that the New York State Board for Professional Medical Conduct has 1 charged me with two Speatication of professional mrsconduct. A copy of the Statement of Charges. marked as Exhibit is attached to and part of Ihrs Surrender of License I I i I I am applying to the State Board for Professidnal Medical Conduct for to surrender my license to practice medicine In the State or New York on the grounds that I do not I ., contest the Bowman-ans. ?g I ask the Board to accept the surrwder or my ticense, and I agree to be bound by all of i the terms set forth in attached I understand that if the Board does not accept my Surrender of Llcense none of Its term Shall bind me or constitute an admission of any of the acts of alteged misconduct; this Surrender or LICENSE shall not be used against me in any way and shall be map: in strict con?dence: and . rm.- Board's denial sh all oe- without prezudice in the pending dissiphnar'r proceeding arid the Board's ?nal detenninatron pursuant to the Pooh: Health Law i agree that, if the Board accepts the surrender of my the Chair of the Board shall issue a Surrender Order in accordance with ats terms. I agree that the Surrender Order shall take effect upon Its issuance by the Board, either by mailing of a copy of the Surrender Order Dir ?rst class mail to me at the address this Surrender of License. or to my attorney by i certi?ed marl, or upon facsimile transmission to me or my attorney. whichever is ?rst The Surrer?der Order. Surrender of License. and all attain-red shall be public documents. with only.r pattern identities if any. redacted. As public documents. they may be posted on the I Department?s websrte. I ask the Board to accept this Surrender 01 License. which I submit of my free 7 and not under duress. mpuloion or restraint In consideration of the value to me of the I Board's acoeptance of this Surrender of License. allowing me to resolve this matter withdut the 'l '2 various risks and burdens of a heatan on the rooms, I knowingly waive my right to oonteotthe Surrender Order for which I apply. whether administrativer or judicially. and I agree to be bound by the Surrender Order I understand and agree that the attorney tor the Department of Health. the Director of the Office of Professional Medmal Conduct and the Chair of the State Board for Professional I Medical Conduct each retain complete either to enter into the proposed Surrender of License and Surrender Order, or to dedine to do so I further understand and agree that no I prior or separate or oral communication can limit Eat discretion i Date: 3 . 2013 REDACTED The undersigned agree to Respondent's attached Surrender of License and to I, pena'?y, terms and conditions i Date: ?1 .2013 ., Attarnav for Respon?eni I if SE REDACTED Date 1?0 nut?? .2013 RUDE a. MULVEY Associate Counsel Bureau of Professional Meducal Conduct ww?zm REDACTED WITH w. SERVIS ireclor. Of?ce of Professional Medical Conduct STATE OF NEW YORK 1 DEPARTMENT OF HEALTH STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT IN THE MATTER STATEMENT OF 0F THOMAS TYMA, MD. CHARGES CO-11-02-0797-A THOMAS TYMA, M.D., Respondent, was authorized to practice medicine in New York State on October 8, 1986, by the issuance of license number 168039 by the New York State Education Department. FACTUAL ALLEGATIONS A. On or about January 15, 2010, in the Court of Common Pleas of Montgomery County, Respondent was found guilty of eighteen counts of Indecent Assault, in violation of 18 Statue ?3126 and was sentenced, among others, to a 60 day term of incarceration, placed in the count intermediate punishment program for one year and to a two year term of probation. B. On or about December 12. 2012, the State Board of Medicine, Department of State revoked Respondent's license to practice medicine based upon his conviction of eighteen counts of Indecent Assault. C. The conduct resulting in the discipline against Respondent would constitute misconduct under the laws of New York State, pursuant to the following section of New York State law: 1. New York State Education Law ?6530 2. New York State Education Law ?6530 (2D) (moral un?tness) SPECIFICATIONS FIRST SPECIFICATION Respondent violated Education Law ?6530 by being convicted of committing an act constituting a crime under New York State law in that Petitioner charges: 1. The facts in Paragraph A. SECOND SPECIFICATION Respondent violated New York Education Law ?6530 by having his license to practice medicine revoked after a disciplinary action was instituted by a duly authorized professional disciplinary agency of another state where the conduct resulting in the suspension would. if committed in New York State. constitute professional misconduct under the laws of New York State. in that Petitioner charges: 2. The facts in Paragraphs A. andfor C. TED DATED: 74% .2013 REDAC Albany, New York PETER D. VAN BUREN Deputy Counsel Bureau of Professional Medical Conduct