IN THE MATTER OF BEFORE THE MARYLAND

NELSON H. HENDLER, M.D. STATE BOARD OF PHYSICIANS

License No. D15330 Case Number: 2005?0885
RespondentFINAL DECISION AND ORDER
INTRODUCTION AND PROCEDURAL HISTORY
Nelson Hendler, MD. Hendler?); is a licensed by the Maryland
State Board of Physicians (?Board?) since 1973. The Board received an anonymous
complaint in 2005 alleging that Dr. Hendler (1) had dispensed Dilaudid1 pills to patients
without counting them; (2) had taken Dilaudid from the stock bottle for himself on at
least one occasion; and (3) had been observed by the patient?complainant to be
intoxicated on several occasions while providing care to patients. According to the
complaint, Dr. Hendler?s actions .took place at the Mensana Clinic in Stevenson,
Maryland, where Dr. Hendler was the medical director. The Mensana clinic website - 
included descriptions of the clinic as a multidisciplinary diagnostic facility for patients
with chronic pain- Uponreceipt of the complaint, the Board began an investigation of Dr.
Handler. 
 Investigative Findings Leading to Current Summary Suspension.2
Sexual Misconduct With Patients

The Board investigative findings included complaints of sexual misconduct by Dr.

 

1 Dilaudid is a Schedule II Controlled Dangerous Substance 
2 The Board's investigative findings are further detailed in the Board?s ?Order For Summary
Suspension To Practice Medicine" issued by the Board on February 6, 2006, and attached to this Final
Decision and Order as Attachment A. A police inventory and photographs taken by Board staff are not

inciuded with the attached ?Order For. Summary Suspension To Practice NIedicine." 

 

 

Hendler from three female patients3 whom he treated for chronic pain. Dr. Handler?s
records indicated that he treated the first patient, Patient A, at the Mensana Clinic from
1999 to 2004. During an interview with Board staff, PatientA reported that Dr. Hendler
initiated sexual advances shortly after?she commenced treatment with him, and further
stated that she and Dr. Hendler had commenced a personal/sexual relationship,
including sexual intercourse, around January, 2000. According to Patient A, she .
provided oral sex to Dr. Hendler at his request in his office on several occasions. When
interviewed by Boardstaff, Dr. Hendler admitted that he had a sexual relationship with
Patient A. I

Dr. Hendler also employed PatientA at the Mensana Clinic in 2001, named her
7 as the Chief Executive Officer ofMensana in 2002, and cohabited with her from March,
2003 to July, 2004. PatientA also alleged that Dr. Hendler became physically abusive to
her on several occasions during their personal relationship. On July 4, 2004, Baltimore
City police responded to a domestic violence call from the Marriott Waterfront Hotel in
Baltimore, Maryland. PatientA reported that Dr. Hendler had shoved her up against the
wall of the room that he had rented, tried to choke her, then left the scene. PatientA
subsequently resigned her employment with Dr. Handler on July 21, 2004.

The federal Drug Enforcement reported to the Board a complaint
from a second female patient, Patient B, who alleged that Dr. Hendler (1) treated her for
chronic pain from 1999 to 2004 4; (2) began to act in a flirtatious manner with her soon

after her treatment began and initiated suggestive or graphic sexual conversations with

 

3 For purposes of con?dentiality, the patients involved in this case are referred to as Patient A,

Patient and Patient throughout this Fina! Decision and Order.
4 Patient B?s medical records, which the Board subpoenaed from the Mensana Clinic, revealed that
Dr. Hendler treated Patient from December, 1998 through August, 2005, at frequencies varying from
once a month to three times a week. 

2

 

 her; (3) in 2002, administered a trigger point injection near her panty line, then stood in
front of her, preventing her from leaving, placed one hand on her hip, the other on her
breast and kissed her; (4) in the summer of 2002, pressured her for sexual favors,
telling her that her health insurance was insuf?cient to compensate him for his services;
(5) requested that she provide oral sex to him and masturbate in his presence in
exchange for receiving trigger point injections and medications, which Patient 
complied with?on some occasions; (6) pressed his crotch against her body and become
aroused when administering injections; (7) frequently re?dispensed medications to her
that he had collected from patients, he gave her a large quantity of medications,
including controlled dangerous substances that had been prescribed for other
patients; (8) in 2004, opened his desk drawer and gave her a handful of Hydrocodone 5
tablets in her hand; (9) on another occasion, took an empty Lidocaine syringe wrapper
from the trash can, filled it with Hydrocodone and Oxycodone 5 tablets, and gave it to
Patient 8, telling her she now had her ?own personal pill bottle.?

A third female patient, Patient C, who was treated by Dr. Hendler for chronic pain
from 1994 to 2001, also filed a complaint with the Board alleging that Dr. Hendler
sexually abused her and improperly administered medications to her in his office during
treatment, which consisted of nerve block injections approximately three times a week.
During the Board?s interview with Patient C, she stated that Dr. Handler?s office was
dark and dirty with a large cardboard box in plain view filled with medications, including
CDS, that had been prescribed for other patients. According to Patient C, Dr. Hendler

typically treated her at the end of the day and locked the door of his office during

 

5 Hydrocodone is an opioid anaigesic and a Scheduie CBS.

5 Oxycodone is an opioid analgesic and a Schedule ii CBS.

3

treatments. Patient reported that as her treatment continued, Dr. Hendler drew
physically closer to her as he administered her injections, eventually began kissing her
and rubbing his crotch against her knee, becoming sexually aroused. Then he would go
into the bathroom that adjoins his office, where he would stay for five minutes. During
this time, Patient 0 was alone in his office and would take medications from the
cardboard box, including Oxycontin? Sorna,B Valium,9 Percocet10 and Oxycodone.
Patient subsequently terminated the physician/patient relationship with Dr. Handler.
Board and Police inspection of Mensana

On January 19, 2006, Board staff conducted an unannounced site visit to Dr.
Hendler?s practice location at the Mensana Clinic. Detectives from the Baltimore County
Police Vice/Narcotics Squad accompanied Board staff. Dr. Hendler agreed to c00perate
with the Board inspection and with the Board subpoenas issued during the inspection
that directed him to produce documents including, but not limited to, patient medical
records and employee files. Dozens of bottles of prescription medications, including 
CDS, were immediately observed in plain View in Dr. Hendler?s office and in a room
adjoining his office. The police contacted the DEA Drug Diversion Unit requesting
assistance for identification of the drugs. The DEA Drug Diversion Unit arrived, issued a
Notice of Inspection and interviewed Dr. Handle-r. I

Dr. Hendler stated that he was unaware it was illegal to possess unused returned

CDS medications from patients, and to dispense them to other patients. Dr. Hendler

 

Oxycontin is a Schedule CDS opioid agonist.
Soma is a non?narcotic analgesic.
ValiUm, a benzodiazepirie, is a Scheduie lV CDS.

Percocet, an opioid analgesic containing Oxycodone. is a Schedule il CD8.

4

 

 

also told Board staff that he was playing ?Robin Hood" to help patients without health
insurance or who were unable to afford medication. Board staff informed Dr. Hendler
that federal regulations require a dispensing physician to maintain records of dispensing
and biennial inventory. 21 C.F.R. 1304.3(d) and 21 C.F.R. State law also
requires a physician to obtain a dispensing permit in order to dispense prescription
drugs. Md. Health Occ. Code Ann.  (2005 Repl. Vol.). Dr. Hendler
acknowledged that he did not maintain the required federal dispensing records, nor did
he have a State dispensing permit.

in addition, Dr. Hendler stated that he had no security system in his office and
that he did not regularly lock or otherwise secure CBS in his office as required by
federal regulation. 12 C.F.R. 1301.71. He further reported that there had been incidents
of prescription drug theft from his office. Dr. Hendler also confirmed that he treats
patients for pain in his office, including administering trigger point injections, and that he
often leaves patients alone in his office.

Dr. Hendler surrendered his DEA Certificate of Registration to DEA agents. The
Baltimore county police seized, inter alia, a total of 360 bottles of prescription drugs. A
police inventory revealed that the drugs had been originally prescribed to over 160
different patients; over 5,800 tablets of CD8, the vast majority of which were Schedule II
CDS including Morphine, Dilaudid, MS Contin, Methadone, Demerol and Oxycontin,
were among the prescription drugs seized.

Upon arrival at Mensana, the police asked Dr. Hendler if he had any weapons on
the premises. Dr. Hendler stated that he had only one unloaded rifle in his office, which
he used to shoot deer on his property. The police removed an unloaded Marlin .22 rifle

from the premises. Pursuant to a search and seizure warrant, the police also discovered
5

 

 

and removed a loaded .22 caliber Derringer handgun from an unlocked top right hand
drawer of Dr. Hendler?s desk, and an antique .22 caliber handgun in working order from
. another unlocked desk drawer.

During the site visit, Board staff also observed that Dr. Hendler?s office was in
disarray with patient records, packaged syringes and medical records haphazardly
strewn about, dust on most horizontal surfaces, a stained and dirty carpet and a dirty
toilet and sink, in violation of the federal Occupational Safety and Health Act 
29 I

In. addition, eight private and semi-private impatient rooms were located on the
second and third floors of the Mensana Clinic, and four patients were present at the in~
patient facility that same day. Board staff observed one patient, a frail female, walking
with difficulty with a cane. The police became concerned about patient safety and
notified the Baltimore County Fire Department During an inspection by the
Dr. Hendler's office was cited for code violations that included: unserviced fire
extinguishers, inadequately-serviced fire alarms, and inadequate egress from the main
stainrvell.

Based on these investigative findings, the Board determined that the public
health, safety and welfare imperativer required emergency action. On February 6,
2006, therefore, the Board summarily suspended Dr. Hendler?s license to practice
medicine. Md. State Gov't Code Ann. (2004). The Board later convened
to conduct a post-deprivation hearing regarding the summary suspension. Dr. Hendler,
through counsel, declined to appear at the hearing, and did not contest any of the
investigative findings. Dr. Hendler was given the opportunity to appeal the summary

suspension, but he did not do so. His medical license remains suspended to date.
6

 

 

B. Criminal Guilty Plea and Proceedings under Md. Health Occ. Code Ann. 14-
404(b).

In May, 2006, the Grand Jury of the State of Maryland for Baltimore County
indicted Dr. Hendler for seven counts of Felony Possession of Controlled Dangerous
Substances with the Intent to Distribute, in violation _of Md. Crim. L. 5-602.

In February, 2007, Dr. Hendler tendered an Alford plea 11 to the first count of
Felony Possession of Oxycodo?ne with Intent to Distribute in the Circuit Court for
Baltimore County (Criminal Case No. Count Onestated that Dr.
Hendler ?on and between 1/1/2002 and Baltimore County, did possess a
controlled dangerous substance of Schedule II of the Criminal Law Article Sec 5-602 of
the Annotated Code of Maryland, which is a narcotic drug, in sufficient quantity
reasonably to indicate under all circumstances an intent to distribute a controlled
dangerous substance, to wit: Oxycodone: . . . ?The remaining counts were entered as
nolle prosequi. r,

The court (Cox, J.) sentenced Dr. Hendlerto probation before judgment. Dr.
Hendler was placed on probation for eighteen (18) months during which the Court
ordered him to perform 150 hours of community service. Dr. Hendler did not file an
appeal, and his guilty plea has not been set aside. 

I As a result of Dr. Hendler?s guilty plea to possession with intent to distribute
Oxycodone, the Office of the Attorney General filed with the Maryland State Board of
Physicians (?Board?) a Petition to Revoke Dr. Hendler?s Medical License and Show
Cause Order in June, 2007, pursuant to 14-404 of the Maryland Medical Practice

Act. The statute'provides:

 

11 An Alford plea is a "specialized type of guilty plea where the defendant, although pleading guilty,
continues to deny his or her guiit but enters the plea to avoid the threat of greater punishment." Ward v.
. State, 83 Md. App. 474, 478 (1990), citing North Carolina v. Alford, 400 US. 25, 37 (1970).

7

(1) On the filing of certified docket entries with the Board by the Office of the
Attorney General, the Board shall order the suspension of a license if the
licensee is convicted of or pleads guilty or nolo contendere with respect to
a crime involving moral turpitude, whether or not any appeal or other
proceeding is pending to have the conviction or plea set aside.

(2) After completion of the appellate process if the conviction has not been
reversed or the plea has not been set aside with respect to a crime
involving moral turpitude, the Board shall order the revocation of a license

on the certification by the Office of the Attorney General.
Md. Health Occ Code Arm. 14-404 Enclosed with the petition
were the following Attachments: certified copies of: the'case history in the criminal court
proceedings; the criminal indictment; a transcript of the Plea Hearing Proceedings of
February 12, 2007; and the Probation/Supervision Order.

The Show Cause Order mandated that Dr. Hendler show cause, in writing, by
August 2, 2007, why his medical license should not be revoked pursuant to H.O. 14?
404 On July 24, 2007, Dr. Hendler filed a written Response to the Show Cause
Order and Petition to Revoke Medical License, in which he requested that that the
Board deny the State?s petition to revoke his medical license. Dr. Hendler also filed a
signed Consent stating that he had allOwed his Maryland medical licenSe to expire, and
that he was permanently and irrevocably surrendering his license. The State filed a
Reply to Dr. Handler?s written Response and Consent on August 6, 2007.

The full Board convened for a final decision on October 24, 2007. Having
reviewed and considered the entire record in the 14-404(b) proceedings, and the
written submissions of the parties inthis case, including the State?s Petition with
attachments, Dr. Hendler?s written Response Show Cause Order and Petition and


(.8: 
my. .

ConSent, as well as the State?s Reply, the Board issues this Final Decision and Order.

 

 

FINDINGS OF FACT

The Board finds the following facts by a preponderance of the evidence:

1. Dr. Hendler is a board-?certified licensed by the Board since
1973.
2. At all times relevant to the charges in this case, Dr. Hendler has held a license to

A practice medicine in the State of Maryland.

3. In May, 2006, the Grand Jury of the State of Maryland for Baltimore County
indicted Dr. Hendler?for seven counts of Felony Possession of-Schedule ll, Ill, and IV
Controlled Dangerous Substances in sufficient quantities reasonably to indicate an
Intent to Distribute, in violation of Md. Crim. L. 54:302.12 4

4. In February, 2007, following extensive plea negotiations, Dr. Hendler pled guilty
to Count One of the indictment - felony possession with intent to distribute Oxycodone,
a violation of Md. Crim. L. 5-602, in the form of an Alford plea. The State entered the
remaining counts as nolle proseq?ui, in exchange for Dr. Hendler?s guilty plea.

5. Dr. Hendler was represented by counsel throughout his criminal proceedings.

6. The Board reviewed all of the documentary evidence submitted by the State and
Dr. Hendler, including the transcripts of Dr. Handler?s guilty plea and sentencing
proceedings, and the statements and findings of the criminal court, pursuant to COMAR

10.32.02.04 C.

 

12 Section 5602 provides:
Except as otherwise provided in this titie, a person may not:
(1) Manufacture, distribute, or dispense a controlled dangerous substance; or
(2) Possess a controlled dangerous substance in sufficient quantity reasonabie to indicate under all
circumstances an intent to manufacture, distribute, or dispense a controlied dangerous
substance.
Md. Crim. L. Code Ann. 5-602 (2002).

 

7. The criminal Court accepted Dr. Hendler?s guilty plea to possession with intent to
distribute Oxycodone only after determining that: (1) Dr. Hendler understood the nature
of his criminal offense, and the legal effect of his plea; (2) his plea was voluntary with a
knowing and intelligent waiver of his rights to a trial; and (3) there was a factual basis for
his plea. (Plea Agreement Proceedings Transcript pp. 4-11)
8. In response to the Court's questions, Dr. Hendler stated that he believed it was in I
his best interests to plead guilty so as to avoid the consequence of a federal indictment.
(T., p. 9)
9. Through his counsel, Dr. Hendler acknowledged that his Alford plea was ?still a
guilty plea" and that ?legally its still going to be the same as if [he] pled guilty saying
[he] did do it.? Dr. Hendler also stated that he wanted to accept the deal offered by the
State because the alternative could be much worse for him. (T., pp. 9-11)
10. In support of Dr. Handler?s guilty plea, the State read into the record a
Statement of Facts. The State asserted that had the case gone to trial, the State
would have proven the following facts beyond a reasonable doubt:
a) In January, 2006, members of the Baltimore County Narcotics Unit and
Patricia Brarnlet of the Maryland Board of Physicians executed a search and
seizure warrant at 1718 Greenspring Valley Road. That location housed the
Mensana Clinic, a pain management clinic operated and owned by Dr. Nelson
Hendler. The search warrant was obtained after several patients of the clinic
came forward with allegations that Dr. Hendler illegally stored and distributed
controlled dangerous substances at the location.
b) Upon executing the search warrant, the detectives seized a large number of
pill bottles containing controlled dangerous substances including Oxycodone,
Hydromorphone, Clonazepam, Lorazeparn and others. Several thousand pills
were removed from the location.
0) Witnesses would testify that Dr. Hendler would collect the medications from
patients, store them in his office, and eventually dispense these medications to

other patients. Dr. Hendler was not licensed to do that, kept no records of these
distributions, and made no report to the Drug EnforcementAdministration or any

10

 

other agency.

d) If called upon to testify, the detectives would state in their expert opinion that

the amount of controlled dangerous substances and witness testimony would

indicate that Dr. Hendler possessed these drugs, specifically the Oxycodone,

with the intent to distribute them. (T., pp. 11?12)

11. Through his counsel, Dr. Hendler also stipulated to the expertise of the detectives

and the analysis of the?narcotics recovered from Dr. Hendler?s practice location at-the

Mensana Clinic, and agreed that the State could have produced competent evidence to

prove these facts. In the Court?s view, the facts were ?certainly sufficient to proveguilt -

beyond a reasonable doubt.? (T., p. 13)

12. Dr. Hendler did not appeal his guilty plea, nor was the plea set aside.
CONCLUSIONS OF LAW I

Dr. Hendler pled guilty to possession'with intent to distribute Oxycodone, a
Schedule ll CBS, in the form of an Alford plea. The Court of Special Appeals held that
?an Alford plea is the functional equivalent of a guilty plea.? Ward v. State, 83 Md.App.
474, 480 (1990), and further statedAlford plea could be
construed as anything short ofa guilty plea." Ward at 479.

In the Court?s View, the standard in determining the validity of a guilty plea is
?whether the plea represents a voluntary and intelligent choice among the alternative
courses of action open to the defendant.? Id. at 480, citing North Carolina v. Alford, 400
US. 25, 31 (1970). Because of the strong factual basis for the guilty plea demonstrated
by the State and Dr. Hendler?s clearly expressed desire to enterit despite his denial of
guilt, this standard is met. The trial court properly accepted Dr. Handler?s guilty plea,

and properly concluded that his Alford plea was ?an intelligent and appropriate

decision.? As explained to Dr. Hendler by his counsel, Dr. Hendler?s Alford plea was

11

 

 

?still a guilty plea . . . legally its still going to be the same as if you pled guilty saying
you did do it.? Both Dr. Handler and his counsel understood his plea to be a guilty plea
and have the legal effect of a guilty plea at. the time it was made. There is no merit to
Dr. Hendler?s argument that his Alford plea did not constitute a guilty plea.

If a licensee ?is convicted of or pleads guilty or nolo contendere with respect to a
crime of moral turpitude,? the Medical Practice Act mandates that the Board suspend
the licensee?s medical license. Md. Health Occ. Code Ann. The statute
further requires automatic revocation of a license ?If the conviction has not been
reversed or the plea has not been set aside ?13. . . Md. Health Occ. Code Ann. 14?
404(b)(2). The plain disjunctive terms of 14-404(b) mean that either a conviction or a
guilty plea suffices, and require the Board to act on either a Conviction or a guilty plea, I
regardless of the subsequent disposition, unless the guilty plea is set aside. Final
Decision and Order In the Matter of Michael S. Rudman, MD. Because Dr. Hendler?s
voluntary guilty plea has not been set aside, the Board is statutorily mandated to revoke 
his medical license under HO. 14a404(b)(2).

Moreover, in the criminal law context, Dr. Handler?s guilty plea is unaffected by
the disposition of probation before judgment, which requires a ?determination of guilt?
under the relevant criminal statute. Md. Crim. Proc. Code Ann. (2001,
Cum. Supp. 2004); Myers v. State, 303 Md. 639, 646-48 (1985). The criminal court?s
grant of probation before judgment to Dr. Hendler, therefore, does not nullify his'guilty
plea. Rather, Dr. Handler?s guilty plea remains in effect and could result in criminal

penalties if he violates his probation. Myers, 303 Md. at 646.

 

?3 Dr. Handler does not argue that the guilty piea has been set aside.
12

 

 

in the context of administrative law, Dr. Handler?s guilty plea also triggers the
operation of the Medical Practice Act. Section 14~404(b) expressly provides for
revocation if the Board determines that he pled guilty to a crime of moral turpitude. The 
Legislature did not create an exception to its rule for cases of probation before judgment
in the Medical Practice Act, and the Board could not create one. The legislature?s careful 
drafting of the Medical Practice Act is no accident. Dr. Handler's arguments to the
contrary are unavailing.

under established Maryland law, Dr. Handler?s crime of felony possession with
intent to distribute Oxycodone, in violation of Md. Crim. L. 5-602, is a crime of moral
turpitude. ln Attorney Grievance Comm?n of Maryland v. Proctor; 309 Md. 412, 418-19
(1987), the Court of Appeals held that possession of marijuana with intent to distribute is.
a crime of moral turpitude. The Court also noted that the ?illegal distribution of
controlled dangerous substances is a serious offense against society." Proctor, 309 Md.
at 418.  Hendler?s criminal actions of possessing Oxycodone, a, Schedule ll
controlled dangerous substance, with the intent of distributing it, is an equally ?serious
offense against society.? Id.

The Maryland Court of Appeals has also defined moral turpitude asbaseness, vileness, or depravity in the private and social

duties which a man owes to his fellow man, or to society in general,

contrary to the accepted and customary rule of right and duty between

man and man.?
Board of Dental Examiners v. Lazell, 172 Md. 314, 320 (1937). Dr. Handler?s use of his
medical license and his pain management clinic to collect, store and possess
Oxycodone from patients in his practice, with the intent to illegally distribute or dispense

this CDS to others, was not only ?intentional,? Lazell, 172 Md. at 322, but it also

13

endangered patients. The Board thus concludes that Dr. Hendler pled guilty to a ?base,
vile, and shameful" act that is ?contrary to the accepted and customary rule of right and
duty" that he owes to his fellow citizens in the State of Maryland. Id. at 320, 321. For this
reason alone, his crime constitutes moral turpitude under Maryland law. 4
Moreover, case law, arising under the Medical Practice Act requires the Board to
determine what types of crimes are crimes of moral turpitude for licensing and
disciplinary purposes. Md. Health Occ. Code Ann. In the context of a
licensing board?s review of the conduct of its licensee, the concept of moral turpitude is
rather broad. Oltman v. Maryland State Board of Physicians, 152 Md. App. 457, 462
(2005); StidWe/I v. Maryland State Board of Chiropractic Examiners, 144 Md. App. 613,
619 (2002) (a criminal offense that undermines the public?s confidence in a profession
may be a crime of moral turpitude if so determined by the appropriate licensing board).
. Courts defer to the ?propriety of a licensing board?s determinations? in setting ethical
standards for its own licensees and assessing what constitutes moral turpitude in a
professional licensing setting. Stidwell, 144 Md. App. at 619; Ricketts v. State, 291 Md.
701, 712 (1981). In the Board?s View, Dr. Hendler?s illegal distribution of dangerous CDS
. to persons for whom the drugs were not prescribed, undermines the public?s confidence
in the medical profession. His criminal'conduct not only disparaged professional
principles, but was a disgrace to the medical profession.

To summarize, Dr. Hendler?s possession of Oxycodone with intent to illegally

 

distribute this CDS was a crime of moral turpitude. Proctor, 309 Md. at 418-49. Dr.
Hendler?s crime is also one that the Board could reasonably infer might place his-
vulnerable patients in danger, is harmful to the integrity of the profession, and provokes

public mistrust regarding his fitness to practice medicine. Under any definition of the
14 

 

 

term in Maryland law, Dr. Hendler?s crime constituted a crime of moral turpitude. The
Board therefore concludes that Dr. Hendler was convicted of a crime of moral turpitude,
in violation of HO. 14404 

ORDER

 

it is hereby:

ORDERED that the license of Nelson H. Hendler, M.D., license number D15330,
to practice medicine in the State of Maryland, is hereby REVOKED as mandated by Md.
Health Occ Code Ann. 14?404 and it is further

ORDERED that the Board will not accept an application for reinstatement from
Dr. Hendler any earlier than FIVE (5) YEARS from the date of this Final Decision and
Order, which application may be accepted or denied by the Board at its sole discretion;
and it is further 

ORDERED that this is a Final Order of the Maryland Board of Physicians and as

such is a PUBLIC DOCUMENT pursuant to Md. State Gov?t Code Ann. 10?611 et

 

 

seq.
-  
Date Wive Director

Maryland State Board of Physicians

 

Pursuant to Md. Health Occ. Code Ann. 14-403, the Board declines to accept Dr. Hendler?s
signed Consent stating that he had let his license to practice medicine expire, and that he was
surrendering his iicense. That section requires the Board?s agreement for the surrender of a medical
license and provides: "Unless the Board agrees to accept the surrender of a license . . . of an individuai
the Board regulates, the individual may not surrender the license, . . . nor may the license . . . lapse by
operation of law while the individual is under investigation or while charges are pending." Md. Heaith
Occ. Code Ann. 

15

 

 

NOTICE OF RIGHT TO APPEAL

Pursuant to Md. Health Occ; Code Ann. 14?40803), Dr. Hendler has the right to
take a direct judicial appeal. Any appeal shall be filed within thirty (30) days from the
receipt of this Final Order and shall be made as provided for judicial review of a final 

decision in the Maryland Administrative Procedure Act, Md. State Gov?t Code Ann. 10-
222 and Title 7, Chapter 200 of the Maryland Rules of Procedure.

If DnHendler files an appeal, the Board is a party and should be served with the
court?s process at 4201 Patterson Avenue, Baltimore, Maryland 21215. In addition, Dr.
Hendler should send a copy to the Board?s counsel, Thomas W. Keech, Esq., Assistant
Attorney General, at the Department of Health and Mental Hygiene, 300 W. Preston

Street, Suite 302, Baltimore, Maryland 21201,

16

 

 

IN THE MATTER OF BEFORE THE

NELSON H. HENDLER, MD. MARYLAND BOARD OF

Reapondent PHYSICIANS

License Number: 015330 Case Number: 2005?0885

a: a: v.ORDER FOR SUMMARY SUSPENSION
OF LICENSE TO PRACTICE MEDICINE

The Maryland Board of Physicians (the ?r?Boar hereby SUMMARILY

SUSPENDS the license of Nelson H. Hendler (the ?Respondent") (D.O.B.

08/15/44), License Number [315330, to practice medicine in the State of

Maryland.- The Board takes such action pursuant to its authority under Md. State

Gov't Code Ann. concluding that the public health, safety or

welfare imperatively requires emergency action.
-
. INVESTIGATIVE FINDINGS

Based on information received?by, and made known to the? Board, and the

I investigatory information obtained by, received by and made known to and

available to theBoard, including the instances described below, the Board has

reason to believe that the follOwing facts are true:1

1. At all times relevant hereto, the Respondent was and is. licensed to
practice medicine in the State of Maryland. The Respondent was

originally licensed to practice'medicine on July 19, 1973 and was issued

license number D15330. The Respondent is board-certi?ed in 

 

1 The statements regarding the Respondent's conduct are intended to provide the Respondent
with notice of the basis of the suspension. -They are not intended as, and do not necessarily
represent a complete description of the evidence, either documentary or testimonial, to be offered

against the Respondent in connection with this matter.

ATTACHMENT A

 

 

At the time of the incidents described herein, the Respondent was the
medical director of the Mensana Clinic (?Mensana?), 1718 Greenspring
Valley Road, Stevenson, Maryland 21153. The Mensana website
describes its ?world renowned reputation in the diagnosis and treatment of
chronic pain?, as follows: ?Mensana Clinic is a multidisciplinary diagnostic
and treatment facility for patients with chronic pain, such as low back pain,
neck pain, limb pain, face .pain, re?ex sympathetic nerve
entrapments, radiculopathies, broken fusions, poor recovery after
laminectorny, and pain for which there is no diagnosis."

The Respondent holds privileges at the Johns Hopkins Hospital in

Baltimore, Maryland.

PROCEDURAL BACKGROUND

On or about May 16, 2005, the Board received a report from a physician
located in North Carolina alleging that a former patient of the Respondent,
who wished to remain anonymous, had expressed concerns to the
physician regarding the Respondent?s practice. According to the
complaining physician, the patient alleged that the Respondent dispensed
Dilaudid (a Schedule ll Controlled Dangerous Substance to
patients without counting them and on at least one occasion took Dilaudid
from the stock bottle for himself. The patient further alleged that she had

observed the Respondent to be intoxicated on several occasions.

 

 

Upon receipt of the complaint, the'Board initiated an investigation cf the
Respondent, including an unannounced inspection of Mensana, the
results of which are set forth below. -
INVESTIGATIVE FINDINGS

a. Patient-Speci?c investigative Findings

i. Patient A2

7 Board staff reviewed the Respondent?s Johns Hopkins Hospital Quality

Assurance/Risk Management File. Contained in the file was an allegation
that the Respondent had inflicted physical violence upon a patient

(?Patient on July 4, 2004, during the course of their concurrent

personal relationship.

The Respondent's records indicate that he treated Patient A at the

Mensana Clinic from November 1999 through July is, 2004.

Board staff interviewed Patient A. She reported that the Respondent and
Patient A commenced a. personal/sexual relationship, including sexual
intercourse, in or around January-2000. Patient A reported that the
Respondent initiated sexual advances shortly after she had commenced
treatment. At the Respondent's request, Patient A kissed him and
provided him with oral sex in his of?ce on several occasions.

When interviewed by Board staff, the Respondent admitted to Board staff

that he had had a sexual relationship with Patient A.

 

2 The names of the patients are con?dential. The Respondent may obtain the names from the
Administrative Prosecutor. 

 

10. On or about November 19, 2001, the Respondent employed Patient A at
a. Effective December-4, 2002, the Respondent named Patient A

Mensan
as the Chief Executive Of?cer of Mensana.
3 to July 4,

11. The Respondent cohabited with Patient A from March 20, 200

2004.' - .
12. Patient A alleged that the Respondent became physically abusive to her 
during their personal relationship. On July 4, 2004,

on several occasions
estic violence call at the

Baltimore City Police responded to adorn
Patient A reported that the

Baltimore Waterfront Marriott Hotel.
net the wall of the room the

Respondent had shoved her up agai
The Respondent then left the

Respondent had rented and choked her.

a scene. .
13. Effective July 21, 2004, Patient A resigned her employment at the

Mensana' Clinic.

Patient 

ii.
1, 2005, Board staff received a report from the

14. On or about Decembe
U.S. Department of Justice Drug Enforcement Administration 
regarding a complaint that agency had received from a former patient of I
the Respondent (?Patient 

15. Patient had initially contacted DEA to inquire about the legality of a
medications to patients that had been

physician re?dispensing prescriptio

previously prescribed to other patients.

 

 

-. 16.

17..

18.

19.

20.

Patient reported to DEA that she had been treated by the Respondent at
Mensana from 1999 for chronic pain.3 Her treatment consisted, in part, of
Lidocaine" injections.

Patient further reported the Respondent frequently re~dispensed
medications he had collected from patients. The Respondent prescribed
Soma5 to Patient on her ?rst visit, but the pharmacy was unable to ?ll
the prescription. Patient became upset and telephoned the Respondent
who told her to return to Mensana. When she arrived at ?Mensana, the
Respondent gave her a full prescription bottle of Some that had been
prescribed to another patient. The Respondent marked out the patient?s
name on the label.

Patient stated that her initial impression of the Respondent was positive;
however, he soon began to act in a flirtatious manner with her and initiated
suggestive or graphic sexual conversations with her.

In or around February 2002, the Respondent administered a trigger point
injection to Patient near her panty line. As Patient was leaving the
of?ce, the Respondent stood in front of her, preventing her from leaving,
placed one hand on her hip, the other on her breast and kissed her.

During the summer of 2002, the Respondent pressured Patient for
sexual favors, stating that her health insurance was insufficient to

compensate him for his services. To continue receiving trigger point

 

3 in furtherance of its investigation, Board staff subpoenaed Patient B's records from Mensana.

The records reveal that Patient was treated by the Respondent from December 1998 through
August 30, 2005, at frequencies varying from once a month to three times a week.

4 Lidocaine is a local anesthetic.

5 Some is a non~narcotic analgesic.

 

injections and medications, Patient provided oral sex to the Respondent
on more than one occasion and masturbated in his presence on several 
occasions, all at the Respondent?s request. When administering
injections, the Respondent would press his crotch against her body and
become aroused. I

21. . Patient reported that in or around September 2004, the Respondent
opened his desk drawer and dumped a handful of Hydrocodonee. tablets in
her hand. On another occasiOn, the Respondent tookan empty Lidocaine
syringe wrapper from the trash can, ?lled it with Hydrocodone or
Oxycodone7 tablets and gave itto Patient stating that now she had her
?own personal pm bottle.? I

22. During the course of Patient B?s treatment, the Respondent gave to her a
very large quantity of medications, including CDS, that I had been
prescribed to other patients.

Patientc

23. In furtherance of its investigatibn, Board staff interviewed Patient C, who
had ?led a complaint with the Board against the Respondent alleging
sekual' abuse and improper administration of medications: Patient is a
female who was treated by the Respondent for chronic pain from

September 1994 until April 30, 2001. Patient was treated by the

Respondent approximately three times a week with nerve block injections.

6 Hydrocodone. an opioid analgesic, is a Schedule ill CD8.
7 Oxycodone, an opioid analgesic. is a Schedule ll CD8.

6

 

 

24.

25.

26.

27.

28.

29.

Patient described the Respondent?s of?ce as-dark and dirty. Situated in
plain view and easy access was a large'open cardboard box ?lled with
medications, including CDS, that had been prescribed to other patients.
The Respondent typically treated Patient at the end of the day. The
Respondent locked his of?ce door while he treated her.

As Patient C's treatment continued, the Respondent drew physically
closer to her as he administered her injections. The Respondent
eventually began kissing Patient and rubbing his crotch against her
knee, becoming sexually aroused. The Respondent would then go into
the bathroom that adjoins his of?ce, where he would stay for
approximately ?ve minutes. During this time, Patient was alone in the
Respondent?s-of?ce and would take medications from the cardboard box,
including Oxycontin,B Soma, Valium,9 Percocet10 and Oxycodone.

Patient subsequently terminated the physician/patient relationship.
Board?s Inspection of Mensana

On January 19, 2006, at approximately 9:05 am, Board staff commenced
an unannounced site visit of the Mensana Clinic.? Board staff was.
accompanied by detectives with the Baltimore County Police Vice!
Narcotics Squad.

The Respondent agreed to cooperate with the Board inspection and with

the Board subpoenas that were issued during the inspection that directed

 

Oxycontin is a Schedule ll CDS opioid agonist.

9 Valium, a benzcdiazepine,'is a Schedule lV CDS. 

1? Percocet, an opioid analgesic containing Oxycodone, is a Schedule II CDS.

1? Pursuant the Maryland Medical Practice-Act, the Board?s duly authorizad agents may enter at
any reasonable hour a place of business of a licensed physician. H.O. 

30.

31.

32.

33.

him. to produce documents including, but not limited to, patient medical

records and employee ?les.

a. Drugs

Dozens of bottles of prescription medications, including CDS, were
immediately observed in plain view in the Respondent?s of?ce and in a
room adjoining his office. The police contacted the DEA Drug Diversion
Unit requesting assistance for identi?cationof the drugs.

Upon their arrival at Mensana at approximately 11:25 am, DEA agents
issued to the Respondent a Notice of Inspection and interviewed the
Respondent.12 The Respondent initially stated that he keeps his patients?_
prescription drugs to discourage them from diverting their CDS. He later
stated that he redistributes previously prescribed Schedule ill and IV CDS
to patients other than those to whom the drugs were originally prescribed,
but does not redistribute Schedule II CDS.

The Respondent stated that he was unaware that it was illegal to possess
returned CD3 and dispense them to other patients. The Respondent told
Board staff that he was ?playing Robin Hood" in order to help patients who

did not have insurance or who could not afford to pay for medication.

The Respondent was informed that as a dispensing physician, he'is

required by Federal regulation to maintain records of dispensing and

biennial inventory. 21 CFR 1304.3(d) and 21 CFR 1304.11 (0). State law

 

1?2 The Respondent consented to the DEA administrative inspection without an administrative
search warrant.

 

 

34.

35.

36.

37.

'38.

39.

as required by Federal regulation. 21 CFR 1301.71.

administering trigger point injections.

also requires a physician to- obtain a dispensing permit in order to
dispense prescription drugs. H.O. 

The Respondent stated that he did not maintain the required records, nor
did he have a dispensing permit.13
The Respondent further stated that he does not have a security system in
his of?ce and does not regularly lock or othenrvise secure CBS in his of?ce
3 He reported that
there have been incidents of theft of prescription drugs from his of?ce.

The Respondent con?rmed that he treats patients in his of?ce, including
The Respondent stated that he
often leaves patients alone in his of?ce. I

The Respondent surrendered to DEA agents his DEA Certi?cate of
Registration. 1

Baltimore County police seized a total of 360 bottles of prescription drugs,
computer equipment and a total of three ?rearms, infra.

The police inVentory reveals that the drugs had been originally prescribed
to over 160 different patients; over 5,800 tablets of CD8, the vast majority

of which were Schedule ll CD3 including morphine, Dilaudid, MS Contin,

Methadone, Demerol and Oxycontin, were among the prescription-drugs

seized.

 

?3 During the inspection, Board staff issued to the Respondent a subpoena that directed him to
deliver immediately upon service his original permit to dispense prescription drugs. The
Respondent wrote on the subpoena, don?t have a permit to dispense prescription drugs.? The
Respondent signed and dated this statement.

 

 

40.

41.

42.

?43

44.

The Baltimore County Police Department Property lnventory (patient
names?redacted) is attached hereto as Attachment A.

Selected photographs taken by Board staff during the January 19, 2006
inspection of the Respondent?s of?ce are attached hereto as Attachment


b. Guns

Upon arrival at Mensana, Baltimore County Police Sergeant Robert
Gibbons asked the Respondent if he had any weapons on the premises.
The Respondent stated that he had only one unloaded rifle in his of?ce,

which he used to shoot deer on his property. Sergeant Gibbons removed

the unloaded Marlin .22 rifle from the premises.

The police obtained a search and seizure warrant and commenced a

i search of the Mensana premises.14

Notwithstanding the Respondent?s assertion that the .22 caliber ri?e was

the only gun in his of?ce, the police found a loaded .22 caliber Derringer

handgun in the unlocked top right hand drawer of the Respondent's desk.
The gun was in a leather case that enables an individual to discharge the
weapon in a concealed and undetectable manner. Police also found an
antique .22 caliber handgun in the unlocked middle right hand drawer of
the Respondent?s desk. This gun was determined to be in working order.
The police seized both guns.

c. Patient Safety Issues

 

?4 The Respondent was also advised of his Miranda rights.

10

 

45. During the inspection of Mensana, Board staff observed that the
Respondent?s of?ce, in which he treats patients, was in disarray with
patient records, packaged syringes and medical records haphazard?ly
strewn about. The carpet was stained and dirty and a coat of dust
covered most horizontal surfaces. The bathroom that adjoins the
Respondent?s of?ce contained a toilet, vanity, shower. refrigerator and
shelf. The toilet and sink were dirty with brown streaks and marks. The
Respondent?s failure to maintain his of?ce is a clean and sanitary
condition is a violation of Federal Occupational Safety and Health Act
29 CFR 

46. Mensana is an in?patient and out?patient facility. Four in-patients were
present at Mensana on the date of the inspection.15 Board staff observed
one of the patients, a frail female, walking with dif?culty with a cane.
There are eight private and semi-private patient rooms located on the
second and third floor of the facility. The police became concerned
regarding patient safety and requested that the Baltimore County Fire
Department inspect Mensana. Violations that were cited during
the inspection. of January 19, 2006 include, but are not limited, to 
the following: all fire extinguishers needed to be serviced; the main
stairwell connecting all three ?oors of the premises was not enclosed,
providing inadequate egress; no secondary means of egress for a patient
room on the second floor; the main electrical box was inadequately

enclosed; ?re alarms were inadequate as they had not been serviced

 

?5 Mensana staff advised that the facility treats an average of eight in?patients.?

11

annually, lacked pull stations throughout the facility, were not UL certi?ed
and lacked strobe lights.
CONCLUSIONS OF LAW

Based on the foregoing investigative facts, the Board concludes that the
public health, safety or welfare imperativer require emergency action in this
case, pursuant to Md. State Gov?t Code Ann. 

- 
I It is this day of February, 2006, by a majority of the quorum of the

Board: 1 -

ORDERED that pursuant to the authority vested by Md. State Govit Code
Ann. the Respondent?slicense to practice medicine in the State of
Maryland be and hereby is and be it further

ORDERED that a? post-deprivation hearing in accordance with Code Md.

Regs. tit. 10, 32.02.05.8(7) C, and on the Summary Suspension has been

scheduled for Wednesday, February 22, 2006 at 11:00 aim, at the Maryland

Board of Physicians, 4201 Patterson Avenue, Room 108, Baltimore, Maryland

2121543095; and be it further

ORDERED that at the conclusion of the SUMMARY SUSPENSION
hearing held before the Board, the Respondent, if dissatis?ed with the result of
the hearing, may request within ten (10) days an evidentiary hearing, such
hearing to be held within thirty (30) days of the request, before an Administrative
Law Judge at the Office of Administrative Hearings, Administrative Law Building,

11101 Gilroy Road, Hunt Valley, Maryland 21031?1301; and be it further

12

ORDERED that on presentation of this Order, the Respondent SHALL
SURRENDER to the Board?s investigator the following items:
(1) his original Maryland License 
(2) his current renewal certi?cate;
(3) All controlled dangerous substances in his possession
and/or practice;
(4) All Medical Assistance prescription forms;
(5) All prescription forms and pads in his possession and/or
practice;and 
(6) Any and all prescription pads on which his name and DEA
- number are imprinted; and be it further
ORDERED that the Respondent shall immediately SURRENDER to the
Maryland Division of Drug Control, 4201 Patterson Avenue, Baltimore, Maryland
his Maryland Controlled Dangerous Substance Registration; and be it further
ORDERED that a copy of this Order of Summary Suspension shall be ?led
with the Board in accordance with Md. Health Occ. Code Ann. 14-407; and'be
it further
ORDERED that this is a Final Order of the Board and, as such, is a -

PUBLIC DOCUMENT pursuant to Md. State Gov?t Code Ann. 10-611 et seq.

 

 

(2904) 
,2/z/M . I,
Date C. l?ing Finder, 

Executive Director
Maryland Board of Physicians

13

 

STATE OF MARYLAND

    

?75 Board of Physicians

Maryland Department of Health and Mental Hygiene
4201 Patterson Avenue - Baltimore, Maryland 21215-2299
Robert L. Ehrlich, Jr., Governor Michael S. Steele, Lt. Governor S. Anthony McCann, Secretary

 

February 22, 2006

Nelson H. Hendler, MD.
2734 Caves Mill Road
Owings Mills, Maryland 21117

Re: Nelson H. Hendler, MB.
License No. D15330
Case No. 2005-0885
Dear Dr. Hendler:

On February 22, 2006, the Board convened to conduct a post?deprivation hearing
in your case, following the Board?s summary suspension of your license on February 6,
2006. The Board received notice from your attorney that you declined to appear at the

post-deprivation hearing.

After the hearing, the Board voted to continue the summary suspension of your
license.

You have the right to an evidentiary hearing on the summary suspension provided
that you request one in writing within 10 days of the date of this letter. If you request a
hearing, the hearing will be held within 30 days.

This letter is a continuing order of the Board and as such a public document.

incerely Yours,

IAN-LC
arry . Knipp,

Board Chairman

 

C: Gertrude C. Bartel, Esquire
Victoria H. Pepper, Esquire

410-764-4777 Fax 4l0-358-2252 Toll Free 1?800-492?6836
Web Site: 

IN THE MATTER OF BEFORE THE

NELSON H. HENDLER, MD. MARYLAND BOARD OF
Respondent PHYSICIANS
License Number: 015330 Case Number: 2005-0885

ORDER FOR SUMMARY SUSPENSION
OF LICENSE TO PRACTICE MEDICINE

The Maryland Board of Physicians (the ?Board?) hereby SUMMARILY
SUSPENDS the license of Nelson H. Hendler (the ?Respondent?) (D.O.B.
08/15/44), License Number D15330, to practice medicine in the State of
Maryland. The Board takes such action pursuant to its authority under Md. State
Gov?t Code Ann. concluding that the public health, safety or
welfare imperativer requires emergency action.

INVESTIGATIVE FINDINGS

Based on information received by, and made known to the Board, and the
investigatory information obtained by, received by and made known to and
available to the Board, including the instances described below, the Board has
reason to believe that the following facts are true:1
1. At all times relevant hereto, the Respondent was and is licensed to

practice medicine in the State-50f Maryland. The Respondent was

originally licensed to practice medicine on July 19, 1973 and was issued

license number D15330. The Respondent is board?certified in 

 

1 The statements regarding the Respondent?s conduct are intended to provide the Respondent
with notice of the basis of the suspension. They are not intended as, and do not necessarily
represent a compiete description of the evidence, either documentary or testimonial, to be offered
against the Respondent in connection with this matter.

At the time of the incidents described herein, the Respondent was the
medical director of the Mensana Clinic (?Mensana?), 1718 Greenspring
Valley Road, Stevenson, Maryland 21153. The Mensana website
describes its ?world renowned reputation in the diagnosis and treatment of
chronic pain? as follows: ?Mensana Clinic is a multidisciplinary diagnostic
and treatment facility for patients with chronic pain, such as low back pain,
neck pain, limb pain, face pain, reflex sympathetic nerve
entrapments, radiculopathies, broken fusions, poor recovery after
laminectomy, and pain for which there is no diagnosis."

The Respondent holds privileges at the Johns Hopkins Hospital in
Baltimore, Maryland.

PROCEDURAL BACKGROUND

On or about May 16, 2005, the Board received a report from a physician
located in North Carolina alleging that a former patient of the Respondent,
who wished to remain anonymous, had expressed concerns to the
physician regarding the Respondent?s practice. According to the
complaining physician, the patient alleged that the Respondent dispensed
Dilaudid (a Schedule ll Controlled Dangerous Substance to
patients without counting them and on at least one occasion took Dilaudid
from the stock bottle for himself. The patient further alleged that she had

observed the Respondent to be intoxicated on several occasions.

Upon receipt of the complaint, the Board initiated an investigation of the
Respondent, including an unannounced inspection of Mensana, the
results of which are set forth below.
INVESTIGATIVE FINDINGS

a. Patient-Specific Investigative Findings

i. Patient A2

Board staff reviewed the Respondent's Johns Hopkins Hospital Quality
Assurance/Risk Management File. Contained in the file was an allegation
that the Respondent had inflicted physical violence upon a patient
(?Patient  on July 4, 2004, during the course of their concurrent
personal relationship.
The Respondent?s records indicate that he treated Patient A at the
Mensana Clinic from November 1999 through July 16, 2004.
Board staff interviewed Patient A. She reported that the Respondent and
Patient A commenced a personal/sexual relationship, including sexual
intercourse, in or around January 2000. Patient A reported that the
Respondent initiated sexual advances shortly after she had commenced
treatment. At the Respondent?s request, Patient A kissed him and
provided him with oral sex in his office on several occasions.
When interviewed by Board staff, the Respondent admitted to Board staff

that he had had a sexual relationship with Patient A.

 

2 The names of the patients are confidential. The Respondent may obtain the names from the
Administrative Prosecutor.

10about November 19, 2001, the Respondent employed Patient A at
Mensana. Effective December 4, 2002, the Respondent named Patient A
as the Chief Executive Officer of Mensana.
The Respondent cohabited with Patient A from March 20, 2003 to July 4,
2004.
Patient A alleged that the Respondent became physically abusive to her
on several occasions during their personal relationship. On July 4, 2004,
Baltimore City Police responded to a domestic violence call at the
Baltimore Waterfront Marriott Hotel. Patient A reported that the
Respondent had shoved her up against the wall of the room the
Respondent had rented and choked her. The Respondent then left the
scene.
Effective July 21, 2004, Patient A resigned her employment at the
Mensana Clinic.

ii. Patient 
On or about December 1, 2005, Board staff received a report from the
US. Department of Justice Drug Enforcement Administration 
regarding a complaint that agency had received from a former patient of
the Respondent (?Patient 
Patient had initially contacted DEA to inquire about the legality of a
physician re-dispensing prescription medications to patients that had been

previously prescribed to other patients.

16.

17.

18.

19.

20.

Patient reported to DEA that she had been treated by the Respondent at
Mensana from 1999 for chronic pain.3 Her treatment consisted, in part, of
Lidocaine4 injections.

Patient further reported the Respondent frequently re~dispensed
medications he had collected from patients. The Respondent prescribed
Soma5 to Patient on her first visit, but the pharmacy was unable to fill
the prescription. Patient became upset and telephoned the Respondent
who told her to return to Mensana. When she arrived at Mensana, the
Respondent gave her a full prescription bottle of Soma that had been
prescribed to another patient. The Respondent marked out the patient?s
name on the label.

Patient stated that her initial impression of the Respondent was positive;
however, he soon began to act in a flirtatious manner with her and initiated
suggestive or graphic sexual conversations with her.

In or around February 2002, the Respondent administered a trigger point
injection to Patient near her panty line. As Patient was leaving the
office, the Respondent stood in front of her, preventing her from leaving,
placed one hand on her hip, the other on her breast and kissed her.

During the summer of 2002, the Respondent pressured Patient for
sexual favors, stating that her health insurance was insufficient to

compensate him for his services. To continue receiving trigger point

 

3 in furtherance of its investigation, Board staff subpoenaed Patient B's records from Mensana.
The records reveal that Patient was treated by the Respondent from December 1998 through
August 30, 2005, at frequencies varying from once a month to three times a week.

4 Lidocaine is a local anesthetic.

5 Some is a non-narcotic analgesic.

21.

22.

23.

injections and medications, Patient provided oral sex to the Respondent
on more than one occasion and masturbated in his presence on several
occasions, all at the Respondent?s request. When administering
injections, the Respondent would press his crotch against her body and
become aroused.
Patient reported that in or around September 2004, the Respondent
opened his desk drawer and dumped a handful of Hydrocodones tablets in
her hand. On another occasion, the Respondent took an empty Lidocaine
syringe wrapper from the trash can, filled it with Hydrocodone or
Oxycodone7 tablets and gave it to Patient stating that now she had her
?own personal pill bottle.?
During the course of Patient B?s treatment, the Respondent gave to her a
very large quantity of medications, including CDS, that had been
prescribed to other patients.

Patient 
In furtherance of its investigation, Board staff interviewed Patient C, who
had filed a complaint with the Board against the Respondent alleging
sexual abuse and improper administration of medications. Patient is a
female who was treated by the Respondent for chronic pain from
September 1994 until April 30, 2001. Patient was treated by the

Respondent approximately three times a week with nerve block injections.

 

6 Hydrocodone, an opioid analgesic, is a Schedule CD8.
7 Oxycodone, an opioid analgesic, is a Schedule II CD8.

24.

25.

26.

27.

28.

29.

Patient described the Respondent?s office as-dark and dirty. Situated in
plain view and easy access was a large open cardboard box filled with
medications, including CDS, that had been prescribed to other patients.
The Respondent typically treated Patient at the end of the day. The
Respondent locked his office door while he treated her.

As Patient C?s treatment continued, the Respondent drew physically
closer to her as he administered her injections. The Respondent
eventually began kissing Patient and rubbing his crotch against her
knee, becoming sexually aroused. The Respondent would then go into
the bathroom that adjoins his office, where he would stay for
approximately five minutes. During this time, Patient was alone in the
Respondent?s office and would take medications from the cardboard box,

including Oxycontin,8 Soma, Valium,9 Percocet1O

and Oxycodone.

Patient subsequently terminated the physician/patient relationship.
Board?s Inspection of Mensana

On January 19, 2006, at approximately 9:05 am, Board staff commenced
an unannounced site visit of the Mensana Clinic.11 Board staff was
accompanied by detectives with the Baltimore County Police Vice/
Narcotics Squad.

The Respondent agreed to cooperate with the Board inspection and with

the Board subpoenas that were issued during the inspection that directed

 

8 Oxycontin is a Schedule ll CDS opioid agonist.

9 Valium, a benzodiazepine, is a Schedule lV CD8.

10 Percocet, an opioid analgesic containing Oxycodone, is a Schedule II CDS.

?1 Pursuant the Maryland Medical Practice Act, the Board?s duly authorized agents may enter at
any reasonable hour a place of business of a licensed physician. H.O. 

30.

31.

32.

33.

him to produce documents including, but not limited to, patient medical
records and employee files.

a. Drugs
Dozens of bottles of prescription medications, including CDS, were
immediately observed in plain view in the Respondent?s office and in a
room adjoining his office. The police contacted the DEA Drug Diversion
Unit requesting assistance for identification of the drugs.
Upon their arrival at Mensana at approximately 11:25 am, DEA agents
issued to the Respondent a Notice of Inspection and interviewed the
Respondent.12 The Respondent initially stated that he keeps his patients?
prescription drugs to discourage them from diverting their CDS. He later
stated that he redistributes previously prescribed Schedule and CDS
to patients other than those to whom the drugs were originally prescribed,
but does not redistribute Schedule II CDS.
The Respondent stated that he was unaware that it was illegal to possess
returned CD8 and dispense them to other patients. The Respondent told
Board staff that he was ?playing Robin Hood? in order to help patients who
did not have insurance or who could not afford to pay for medication.
The Respondent was informed that as a dispensing physician, he is
required by Federal regulation to maintain records of dispensing and

biennial inventory. 21 CFR 1304.3(d) and 21 CFR 1304.11 State law

 

12 The Respondent consented to the DEA administrative inspection without an administrative
search warrant.

34.

35.

36.

37.

38.

39.

also requires a physician to obtain a dispensing permit in order to
dispense prescription drugs. H.O. 

The Respondent stated that he did not maintain the required records, nor
did he have a dispensing permit.13
The Respondent further stated that he does not have a security system in
his office and does nOt regularly lock or othenNise secure CBS in his office
as required by Federal regulation. 21 CFR 1301.71. He reported that
there have been incidents of theft of prescription drugs from his office,

The Respondent confirmed that he treats patients in his office, including
administering trigger point injections. The Respondent stated that he
often leaves patients alone in his office.

The Respondent surrendered to DEA agents his DEA Certificate of
Registration.

Baltimore County police seized a total of 360 bottles of prescription drugs,
computer equipment and a total of three firearms, infra.

The police inventory reveals that the drugs had been originally prescribed
to over 160 different patients; over 5,800 tablets of CD8, the vast majority
of which were Schedule II CDS including morphine, Dilaudid, MS Contin,

Methadone, Demerol and Oxycontin, were among the prescription drugs

seized.

 

13 During the inspection, Board staff issued to the Respondent a subpoena that directed him to
deliver immediately upon service his original permit to dispense prescription drugs. The
Respondent wrote on the subpoena, don?t have a permit to dispense prescription drugs.? The
Respondent signed and dated this statement.

40.

41.

42.

43.

44.

The Baltimore County Police Department Property Inventory (patient
names redacted) is attached hereto as Attachment A.
Selected photographs taken by Board staff during the January 19, 2006
inspection of the Respondent?s office are attached hereto as Attachment
1 5.

b. Guns
Upon arrival at Mensana, Baltimore County Police Sergeant Robert
Gibbons asked the Respondent if he had any weapons on the premises.
The Respondent stated that he had only one unloaded rifle in his office,
which he used to shoot deer on his property. Sergeant Gibbons removed
the unloaded Marlin .22 rifle from the premises.
The police obtained a search and seizure warrant and commenced a
search of the Mensana premises.14
Notwithstanding the Respondent?s assertion that the .22 caliber rifle was
the only gun in his office, the police found a loaded .22 caliber Derringer
handgun in the unlocked top right hand drawer of the Respondent?s desk.
The gun was in a leather case that enables an individual to discharge the
weapon in a concealed and undetectable manner. Police also found an
antique .22 caliber handgun in the unlocked middle right hand drawer of
the Respondent?s desk. This gun was determined to be in working order.
The police seized both guns.

c. Patient Safety Issues

 

14 The Respondent was also advised of his Miranda rights.

10

45.

46.

During the inspection of Mensana, Board staff observed that the
Respondent?s office, in which he treats patients, was in disarray with
patient records, packaged syringes and medical records haphazardly
strewn about. The carpet was stained and dirty and a coat of dust
covered most horizontal surfaces. The bathroom that adjoins the
Respondent?s office contained a toilet, vanity, shower, refrigerator and
shelf. The toilet and sink were dirty with brown streaks and marks. The
Respondent?s failure to maintain his office is a clean and sanitary
condition is a violation of Federal Occupational Safety and Health Act
29 CFR 

Mensana is an in-patient and out-patient facility. Four in?patients were
present at Mensana on the date of the inspection.15 Board staff observed
one of the patients, a frail female, walking with difficulty with a cane.
There are eight private and semi?private patient rooms located on the
second and third floor of the facility. The police became concerned
regarding patient safety and requested that the Baltimore County Fire
Department inspect Mensana. Violations that were cited during

the BCF D?s inspection of January 19, 2006 include, but are not limited, to

the following: all fire extinguishers needed to be serviced; the main

annually, lacked pull stations throughout the facility, were not UL certified
and lacked strobe lights.
CONCLUSIONS OF LAW

Based on the foregoing investigative facts, the Board concludes that the
public health, safety or welfare imperatively require emergency action in this
case, pursuant to Md. State Gov?t Code Ann. 



It is this day of February, 2006, by a majority of the quorum of the
Board:

ORDERED that pursuant to the authority vested by Md. State Gov?t Code
Ann. the Respondent?s license to practice medicine in the State of
Maryland be and hereby is SUMMARILY and be it further

ORDERED that a post?deprivation hearing in accordance with Code Md.
Regs. tit. 10, C, and on the Summary Suspension has been
scheduled for Wednesday, February 22, 2006 at 11:00 at the Maryland
Board of Physicians, 4201 Patterson Avenue, Room 108, Baltimore, Maryland
21215-0095; and be it further

ORDERED that at the conclusion of the SUMMARY SUSPENSION
hearing held before the Board, the Respondent, if dissatisfied with the result of
the hearing, may request within ten (10) days an evidentiary hearing, such
hearing to be held within thirty (30) days of the request, before an Administrative
Law Judge at the Office of Administrative Hearings, Administrative Law Building,

11101 Gilroy Road, Hunt Valley, Maryland 21031-1301; and be it further

ORDERED that on presentation of this Order, the Respondent SHALL
SURRENDER to the Board?s investigator the following items:
(1) his original Maryland License 
(2) his current renewal certificate;
(3) All controlled dangerous substances in his possession
and/or practice;
(4) All Medical Assistance prescription forms;
(5) All prescription forms and pads in his possession and/or
practice; and
(6) Any and all prescription pads on which his name and DEA
number are imprinted; and be it further
ORDERED that the Respondent shall immediately SURRENDER to the
Maryland Division of Drug Control, 4201 Patterson Avenue, Baltimore, Maryland
his Maryland Controlled Dangerous Substance Registration; and be it further
ORDERED that a copy of this Order of Summary Suspension shall be filed
with the Board in accordance with Md. Health 000. Code Ann. 14-407; and be
it further
ORDERED that this is a Final Order of the Board and, as such, is a
PUBLIC DOCUMENT pursuant to Md. State Gov?t Code Ann. 10-611 et seq.

(2004).

 

 

c. rr?ving Pipd?r, 
Executive Director
Maryland Board of Physicians

 



CGCREW PCLECE 
teenager? tnvenroet? eoeetereenr

 

 

 

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WHERE sroeeo: M353 ?3
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ID (lnciudingjdenti?ca?on marks) USE ONLY

 

 

 

 

 

 

 

 

I HAVE WITNESSED THE INVENTORY OF THE ARTICLES ABOVE. INCLUDING ALL MONIES SEIZED:

THE ABOVE LISTED PROPERTY HAS BEEN MARKED FOR IDENTIFICATIOH BY THE UNDERSIGNED THE FOLLOWING MANNER:



f? 4:
APPROVAL 


FORM 15A (REV. 06/99}



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{Witness Officer) (Signature - -teimam'PrEsoner

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. l' .. 


I HAVE WITNESSED THE INVENTORY OF THE ARTICLES ABOVE. ALL SEIZED:

THE ABOVE LISTED PROPERTY HAS BEEN MARKED 


APPROVAL ?49;

u-

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FORM 15A (Rev. 08l99}

:p 75T- .

 

 

{Witness Officer}

(Signature) 

BY THE UNDERSIGNED THE FOLLOWING MANNER:

TJAK

a- .i susilirmiie
Ior: 





{Signature - Claimanthiisonerl

or: 2 06":



 

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2  
RECEIVED 9y:
RECEIVED FROM:
WHERE sronao: em; e! 9F {3
Collector?s QUANTITY ITEM DESCRIPTION OF PROPERTY E.liIl.U
ID ll (Including identi?cation marks) USE ONLY
2089 75 1 Rx Container m,,0razepam. 38 whole 8: 9 partial white pills. Mylan 457
2099 79 1 RxContainer Demerol. 63 white pills 935
2089 1 Rx Container Loxitane. 47 green pills L3
2089 78 1 Rx Container Morphine ER, 35 blue 652
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2089? 79 1 Rx Container Klonopln 
2099 90 1 Rx Container Adaiat. 45 pink pills ADAAT cc
2099 91 1 Rx Container a. Lorazepam. 22 white pills Watson
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2099 93 1 Rx Container Mensana cnn'io'; 25 pink and white pills LINK 25
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-r?lorinef. 26 purple pills Squibb 429 8r 6 orange pills RFC
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102 yellow pills 279. to yellow pills 
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68 orange pills 3 half orange
2099 102 1 Rx Container 66407 50 -
I HAVE WITNESSED THE INVENTORY OF THE ARTICLES ITEMIZED ABOVE, INCLUDING ALL MONIES SEIZED: 
'5
(Witness Officer) {Signature - Claimantr'Pris-Cnerl 

THE ABOVE LISTED PROPERTY HAS BEEN MARKED FOR IDENTIFICATION THE UNDERSIGNED IN THE FOLLOWING MANNER: 
K-  
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hl?l - I A -
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FORM 15A (Rev. 

 

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nae-  Cereiearee: V1.15 
RECEIVED BY:

RECEIVED FROM:
WHERE sroaao: ages 5' 
Collector?s iTElill QUANTITY lTElill DESCRIPTION OF PROPERTY E.li?.U
ID (Including Identi?cation marks) USE ONLY
2089 103 1 Rx Container Ambien, 13 white pills AmbiO 5421
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2089 106 1 Rx Container 23 pink pills 0020
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 Doxepin, 1 green pill 54 710. 1 whitelyellow pill Mylan
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A 2089 120 1 Rx Container a  -. . Bacloten. 12 white pills 4096 10 1 white pill Vicodin
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-  lnderal, 1 green pill 40 lnderal 13 blue pills lnderal
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2039 132 1 Rx Container -   ."Hyin'n. 20 pink pills DJ
2039 133 1 Rx Container 1. _7 52 yellow pills Percocet 10 325

 

 

 

 

 

 

I HAVE INVENTORY OF THE ARTECLEC lTElxilZED ABOVE. INCLUDES ALL Et?OliilES SEEZED:

x.

 

 

(Star-mare - Claimari?u'Prisrineri

THE ABOVE LISTED PROPERTY HAS BEEN lifu?RKED FOR BY THE UNDERSIGNED [34 THE liliAl?lilER:
- . 
K- (?45




eel-?1111 
Apraovat 

7e: geezer.

?3257 9655.1.?- 1D .9: e?
(Signalzf'r?el

Signature! 

FORM 15A (Rev. 05/99)

log: 20 

#03

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invasions 

 

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RECEIVED FROM:
331235 srosso: sees 152 Cs 13
Collector's iTElili iTEl?lli OF PROPERTY EMU 
ID 8? it (including Identi?cation marks) USE ONLY
2089 134. 1 Rx Container I?i Tassalon gerales. 19 yellow pills 
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_Difiuc_:an, 27 pink pills H.200 G. 5 pink pills Roen'ng
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2039 140 1 Rx Container  Marinol. 30 ten pills RL
2039 141 1 Rx Container gilt Morphine. 23 white pills 54 232
2089 142 'l Rx Container 1.. poxepin, 43 yellow pills DAN 5531
2089 143 1 Rx Container [a Morphine Sulfate. 12 white pills 54 262
2039 144 1 Rx Container .. white pills M357
2039 145 1 Rx container Zoloft. 105- 3; ilz'ye'llow pills Zoloft 100mg 
2089 146 1 Rx Container #201011. 23 8: 1I2 blue pills Zoloff 50 mg
2089 147 1 Rx Container Oxycodone10 orange pills 127
Percodan. 2 pink sealed pills P?zer 306. 5 pink sealed
pills WL25, 1 pink pill P?z'er 306. 9 maroon 8r yellow pills BARR 302. 9
Brown pills B10 810I 6 white pink pills Allegra 60mg. 5 8. 112 white pills
364. 13 orange pills lnderal 10. 7 white pills Tendrmin 705
2089 148 1 Rx Container  
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Morphine Sulfate, 9 green pills 30, 7 orange pills 60 
2039 155 i Rx Container 355    
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I HAVE WITNESS ED Tl-tE OF THE ARTICLES ABOVE. INCLUDING ALL MONIES 8
(Witness Cifiosr} (Signature - Cieimarm?Prisonari b,

THE ABOVE PROPERTY HAS 8559i MARKED FDR BY THE il29932925   1011:9370 7&7 999 r5117: 1 105: 20 ti"? 
{Signature} {Sigp?mre} 

 

FORM 15A (Rev. 061'99)

5537151055 51301571.! 505155 
FEQFEETV 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   
 

 

 

 

 

 

 

 

 

 

 

   
 
  
   

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 

        
   
 
  
   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

meow-aroma

are- 05.97

Rsoslveo er:
RECEIVED FROM:
WHERE 570350: 5.5515 7 or :43
Collector's lTEl?iil' QUANTITY OF PROPERTY E.lu'r.U
lD it (Including identi?cation marks) USE ONLY
2059 151 1 Rx Container ?;*oxyoontin. 14 yellow pills Norco 539
2089 162 1 Rx Container  Celexa, 6 pink pills one partial FP 20 MG
2089 163 1 Rx Container ?Pf?it'ardia, 16 Procardia XL
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2059 155 1 Rx Container Tizanidine. 101 white pills R130
2059 135 1 Rx Container Seroqt?l?ei", 24 yellow pills Seroquel 100
2039 137 1 Rx Container .111; "liliecrizine, 24 blue 3 white pills PAR 034
2039 153 1 Rx Container Mirt'e?izapine. 55 orange pills 7207 913
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2089 175 1 Rx Container pills kadian 30mg
2039 175 1 Rx Container .. 5 pink pills GX 0M3
2089 177 1 Rx Container No name, Depakote, 20 pink pills SN 
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2089 179 1 Rx Container    Clan'?n. 73 white pills 458
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i HAVE WITNESSED THE OF THE ARTICLES ITEMEZED ABOVE. ALL SEIZED: 8
{Win-.555 Officer) {Signature - Clairrisnb'Prisonarl
THE ABOVE LISTED PROPERTY HAS BEEN MARKED FOR IDEHTLEECAHQM BY THE EN THE HELL. Willth 
ft? 79/12:
soar  on 
APPROVAL 1?77. Mei on? ion C1954- state?s? ?77?  . inn 25-59
iSionaturel . (Sigp?a?turel 

 

FORM 15A (Rev. 061991

 

 



RECEIVED BY:

RECEWED FROM:

BRLFEMEERE PQLECE 

ili't?Ei'i'i'GRY 

 

 

 



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9388892895:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM 15A (Rev. 06/95?

Lh?W-bio? 

 

 

WHERE STORED: PEGE  or- ?3
Collector?s iTEiuli mini DESCRIPTION 01: atrou
it (including Identi?cation marks) USE ONLY 
2089 194 1 Rx Container nycodne. 68 blue 8-. partials pills R2 15
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2939 193 1 Rx Container Igrlsometh. 62 red pills 19 141
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2089 198 1 Rx Container Ciprolioxacin. 69 White pills RX 711
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2089 200 1 Rx Container a Ultracet. 78 all White pills W0 650
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Bactriin. 11 white pills WFIHC. 30 white pills Bactn'm DS
2089 202 1 Rx Container Roche  
2939 293 1 Rx Container . Phienilin. 32 pink pills A 519
2089 204- - 1 Rx Container Ro?oodone: 51 blue pills 54 199'
2089 205 1 Rx Container ._Gabapen?n_. 98 beigh white pills APO 113
2089 206 1 Rx Container ?5 Meidtil, 88 red at brown pills Mexitil 150 mg BIBS
2089 202 1 Rx Container -. Guaifenesin-er. 22 white pills partial pills SL 535
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2939 299 1 Rx Container 3 Amox TR-K. 24 white pills 22 75 93
2089 21 1 Rx Container 84 white pills Watson 657 
2939 211 1 Rx Container stadol spray .
2089 212 1 Rx Container Zyprexa. 86 white pills Lilly 4115
2939 213 1 Rx Container Mycelex; 194 white pills Mycelex 19
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Hydroxyzpam. 111 white and green and 112 empty
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. Carbarnazepine. 54 pink pills and 12 112 pink pills 778
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In?aoipbid, 4 White pills 54 543. 60 black yellow pills
2089 219 1 Rx Container Macrobid Norirvichliaslon 1
2089 220 1 Rx Container Minipress. 84 white 8: pink pills P?zer 437 Minlpress
2089 221 1 Rx Container  Perphenazine, 22 gray pills 366? 2
2089 222 1 Rx Container  Buspirone. 48 orange pills 8: 2 partials PAR 721 555
I HAVE Till-I OF THE ABOVE, ALL ltiDhliES  
{Witness ef?cer} {Signature - Cialrrians'Prisotterl
THE ABOVE LISTED PROPERTY HAS BEEN MARKED FDR lDEltl't'flCATlEIi?l BY THE it! THE lt?AixlNER:
fr- PEEK
r?1! a. 5' 
3.95939:   ?is 10.13:" nigger?   - 199: fill-9.
{Signaturel (Sigaturel 

 

EALFEMGRE PCEECE SEPAETMERET
Peasant?? sues-tertisn?r

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   
 
 
 

 

 

 

 

 

 

 

 

 

 

 

 

 
  
 
   
 
   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  
 
  
  

 

 

 

 

 

 

 

 

 

 

 

    

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

sea: G?a- ?31.23 
connexion: Va); 
neoeweo sY:

RECEIVED FROM:
srosen: ease or 
Collector?s 12302111113r STEM or PROPERTY also
?3 ti (including identi?cation marks) - USE ONLY
2089 223 1 Rx Container   Mycelex; 49 white pills yceiex 10
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ear  Topamax, 3 large white pills M358, 95 small white pills TOP
2089 230 1 Rx Container 25 -  - 1
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 Hydroxyzine. 60 yellow 8: red pills BARR 302 8r 2 green
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2089 240 1 Rx Container =Doxepin. 59 yellow pills DAN 5631
2089 241 1 Rx Container  . Depakote. 31 peach pills NR
2089 242 1 Rx Container  ;-:hydromorphone. 113 white pills 4
2009 243 1 Rx Container oxyoodone, 51white pills M5
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Buspirone, 81 yellow pills numerous partial pills ETH
2039 24B 1 Rx Container 309 5 5 5
2089 247 1 Rx Container    Verapamil. 24 white pills MP 69
2089 24B 1 Rx Container m, Mornine. 13 white pills 54 733
2099 249 1 Rx Container novox?antine, 31 yellow pills APO F50
2089 250 1 Rx Container Kadian. 18 purple pills Kaclian 30 mg
2039 251 1 Rx Container  Morphine Sulfate ER. 75 green pills 30
2039 252 1 Rx Container Allegra-D. 24 yellow white pills 05/0120
2009 253 1 Rx'Container W'Tramadol. 20 White pills 93 50 

 

 

I HAVE OF THE ARTICLEC AEDVE. All. 

 

 

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WHERE STORED:
Collector's lTEl?til DESCRIPTION OF PROPERTY 5.55.0
i (including identi?cation marks) USE ONLY
2039 254 1 Rx Container 1?11. Hyoeeyamine, 73 brown a clear pills KU 103
2039 255 1 Rx Container w. Oxycodone, 22 green pills 33 93
2039 256 1 Rx Container m. Dibenzyline. 82 red pills SKF E33
2039 257 1 Rx Container wt Efieexor. 30 pink pills Efiexor 75
2039 253 1 Rx Container It; rewrite a blue pills Pfizer 395
- . wt?cetazolamide. 16 white pills a 15 partial pills DAN
2039 259 1 Rx Container 543D 
2039 260 1 Rx Container m. Hydroxyzine. 59 white 8: green pills 2909
2039 261 1 R): Container _i Neurontin. 21 White pills Neuronton 300 
2039 262 1 Rx Container Celexa. 17 pink pills MJ 773 50 50 50
2039 263 1 Rx Container DI. Plavix. 30 pink pills 75
2039 264 1 Rx Container Levaquin. 60 peach pills Levaquin 500
2089' 255 1 R'xc'ontainer  Buspar. 159 white tablets Bospat M15
2039 266 1 Rx Container he Dantn'um. 90 orange 3: tan pills Dant?um 0149 0031
2039 267 1 Rx Container No name, Etodolac. 1_9,brown pills Mylan 7233
2059 253 1 Rx Container w. Morphine Sulf. s4 biue pills 100 E658
2039 269 1 Rx Container ?r Hydroxyzine, 114 maroon 8: yellow pills BAR 302
2039 270 1 Rx Container Allegra. 42 pink 3. white pills.Allegra 60mg
2039 271 1 Rx Container a Morphine ER. 3 blue pills ?653 100
2039 272 1 Rx Container m, Riiampin, 37 red pills 799'
2039 273 1 Rx Container ,Hydroxyzine': '41 green 3 white pills Watson 301 50mg
2039 274 1 Rx Container 5, Buspirione, 60 count Buspirione
2039 275 1 Rx Container - mil.lJreCtioiine, 77 yellow pills DP 704
2039 276 1 Rx Container 1? Effexor, 26 brown pills Efiexor 150
2039 277 1 Rx Container  Oxyoodone. as orange 3 white pills Etbex 041
- w. Buspar. 113 white pills M32 555, 1 white small white pill
2039 273 1 Rx Container - M5 Buspai?" 
2039 279 1 Rx Container 17 White pills 3t 4 partial pills M367
2039 230 1 Rx Container ?forecast. 25 white pills ENDO 602
2039 231 1 Rx Container MI?Famo?dEne. 24 yellow?pills 0119
2039 232 1 Rx Container ?in, Morphine Suit. 30 white pills 54 262
2039 283 1 Rx Container . Mepen'dine. liquid 
2039 234 1 Rx Container  Bethanechoi. 11 112 pink pills DAN 5369
I HAVE WITNESSED THE OETHE ARTICLES ITEMEZED AEOVE, ALL EJECNEES 650160: 3
(Witness Cf?cst} {Signature - Ciaiman? 'Prleorterl 
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I HAVE WITNESS ED THE INVENTORY OF THE ARTECLES ITEMIZED ABOVE. INCLUDING AU. HOMES SEIZED:

THE ABOVE LISTED PROPERTY HAS BEEN MARKED FOR BY THE UNDERSIGNED IN THE FOLLQWIHG 

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Collector?s lTEi?t? DESCRIPTION OF PROPERTY EMU
ID (including Identi?cation marks) USE ONLY
2089 285 1 Rx Container Nortriptyline. 7 green white pills DAN 10mg
 9:219:92 53 blue pills Watson 540 Bi 9 white pills

2089 286 1 Rx Container M363 
2089 287 1 Rx Container  7- Attace, 4 orange pills Altace 2.5 mg MP
2089 288 1 Rx Container  42 green 8: white pills 22909
2089 289 1 Rx Container Desyr?el, 22 pink pills MI 778 50 50 50
2089 290 1 Rx Container  Vistaril, 50 red 8: yellow pills BARR 302
2999 291 1 Rx Container ms. Hydromorphone, 53 white pills 4
2099 292 1 Rx Container 50 white pills Flint 50
2089 293 1 Rx Container   . Amytal. dried liquid
2099 294 1 Rx Container Hydromoiphone, 34 white pills 4

Ft 2089"" 295 1 Rx Container  Denierol. 76 white pills A 157'
2089 295 1 Rx Container W, Vaitrex, 4 blue pills Valtrex 500mg
2089 297 1 Rx Container :u Zoloft} 187 blue pills Zoloft 50mg
2089 298 1 Rx Container Baclofen. 84 white pills 10 4090
2089 299 1 Rx'Container  Clonazepam, 108 yellow pills 39
2089 300 1 Rx Container  - . Glu'cagon, one sealed box
2089 301 1 Rx Container  Buprenex. 2 ampuls
2089 302 1 Rx Container Sereilent. 2 inhalers
2089 303 1 Rx Container . 1_ Duragesic Patch
2089 304 1 Rx Container  - 1 sealed box Duragesic patch
2089 305 _1 Rx Container 2 Dura'gesic patches in box
2089 i 305- 1 Rx Container r? 3 Duragesic patches in box
2089 307 1 Rx Container  Seated box of Duragesic patches
2089 308 1 Rx Container  . sealed box of Duragesic patches
2089 309 1 Rx Container . Buprenex. 6 boxes
2089 310 1 Rx Container   sealed box of Duragesic patches
2089 311 1 Rx Container . 1 Duragesic Patch in box
2089 312 1 Rx Container -  Sealed box of Duragesic patches
2089 313 1 Rx Container Lac-Hydrin, 2 tubes in box
2089 314 1 Rx Container - a Catapres. sealed packs in box
2089 315 1 Rx Container use, Serevent. 1 inhaler

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2089  Sealed box of Durageslc patches

2039 '1 duraees'rc patch in box
2089 w_ NonarnB-I?owmmhine

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2009  D'Icyelpmine. 14 blue pills Watson 795 
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2039    21 red pills M36 .

 

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2039  w. Percocet. 72 yellow pills 8: 5 pieces Pereocet 10:325

2009  . Hydrocodone APAP. 11 white pills M358 39 pieces
2089  werlsperdal, 54 while pills 8: 1 piece Janseen R1
2009 RxContalner W?xyeodone. 299 white pills M5

2009  .MS contin, 36 gray pills PF100

2039  white pills M7113

2009 1  Rx Container . - . Phenyloln, 27 clear pills Bolar 0094

2039 a. Morphine. 13 white pills 541033

2099 RXContalner ?If . Methanamine. 113 Brown pills H195

2039  Rx Container - Mycelex. 21 while pills 4 pieces Miles 095

2039  "1 E?exor. 57 orange pills 704

2009 .w51ar11.20 while a green pills Vlstaril P?zer 542
2009  w. Serzone. 90 orange pills 39 BMS 150
2009  Kadian. 41 green pills Kadian 100mg

2039  Famotidine. 45 green pills F2

2089  Rx Container  Fluoxe?ne. 17 green purple pills F10 

I HAVE WITNESSED INVENTORY OF THE ABOVE. INCLUDING ALL MONIES SEIZED: 

 

       

{Signature - Claimarr'dFr'rsorrerl

THE ABOVE USTED PROPERTY HAS BEEN MARKED FOR BY THE UNDERSIGNED EN THE ?1?le MANMERSUElli?'Tlf?C 1.1 . .

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Collector?s QUANTITY ITEM DESCRIPTION OF PROPERTY E.?li.U -
ID ii (including identi?cation marks) . USE ONLY
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2089 348 1 Rx Container - 
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2089 349 1 Rx Container white pills 5421MB 10
2089 350 1 Rx Container    . Hydrocod APAP, 29 white pills 8: 2 112 pills M387
2089 351 1 Rx Container Oxycodone, 33 white pills 512
2089 352 1 Rx Container  ,?tlilafpn, 80 gray pills 705
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2089 353 1 Rx Container pills GG 407 50 
2089 354 1 Rx Container Dilauclicl. 54 yellow pills E4
2089 355 1 Rx Container Hydromorphone. 74 while pills M4
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2089 382 1 Rx Container 3:   . Oxycodone, 122 blue pills 2101 
2089 383 1 - Altoid Box 421white pills Myeelex 10'
2089 364 2 boxes Containing 25 vials of?Botox
I HAVE WITNESSED THE INVENTORY OF THE AHTICLEE ITEMIZED ABOVE. INCLUDING ALL SEIZED: 8
(Witness Of?cer) {Signature - Claimantl'Prisonerl Cs
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Circuit Court for Baltimore County
Courthouse, County Courts Building
401 Bosley Avenue
Towson, MD 21285?6754. gm

 

State of Maryland vs Nelson Howard Hendler

Defendant's Date of Birth: 08/15/1944

Criminal Case number: O3-K-06-002400
Arrest Tracking number: 05-7003-00379-4
Police Report Number: 060190647

ORDER FOR EXPUNGEMENT 0F RECORDS
The applicant/petitioner Nelson Howard Handler
of 1414 East Ramon Drive
Palm Springs.r CA 92264-
having been found to be entitled to expungement of the police records
pertaining to the arrest, detention or confinement of the applicant/
petitioner/defendant on or about 05/30/06 at Baltimore County ,-Maryland
by a law enforcement officer of the Baltimore County Police
(Law Enforcement Agency)
and the court records in this action it is by the Circuit Court for
Baltimore County Maryland, this ??i_day of .
(Month/Year) 
ORDERED that the clerk forthwith shall serve a true copy of this
Order on each of the parties to this proceeding; and it is further
ORDERED that 30 days after entry of this Order or upon expiration
of any stay, the clerk shall serve on each custodian of police and
court records designated in this Order and on the Central RepositOry
a copy of this Order together with a blank form of Certificate of
Compliance; and it is further
ORDERED that within 30 days after service of this Order the clerk
and the following custodians of court and police records and the
Central Respository shall (1) expunge all court and police records
pertaining to this action or proceeding in their custody. file

an executed Certificate of Compliance, and (3) - serve a copy of the

Certificate of Compliance on the applicant/petitioner.

-1-

 

 

Maryland Department of Public Safety

 

 

(Custodians) P.O. Box 5743
Pikesville, Maryland 21208?3899
(Addresses)
Baltimore County Police Police Records Custodian/Records ID

 

700 E. Joppa Road, 5th Flo
Baltimore. Maryland 21286?5501

Baltimore County Detention Center 404 Kenilworth Drive
Towson, Maryland 21204

District Court of Maryland 120 E. Chesapeake Avenue
Towson, Maryland 21204

Department of Parole and Probation
17 W. Ave
Towson. Maryland 21204

State's Attorney-Baltimore County County Courts Building
- 401 Bosley Ave
Towson, Maryland 21204

TASC. 400 Kenilworth Drive
Towson, Maryland 21204

Court Reporter 02/12/07 (KGC)
County Courts Building

401 Bosley Ave

Towson, Maryland 21204

 


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CIRCUIT COURT FOR BALTIMORE COUNTY
County Courts Building
401 Bosley Avenue

Towson, MD 212856754
Expungement Information
Petition File: November 18, 2011

Name Nelson Hendler
Case No 
Address Mailing
1414 East Ramon Drive
14l4 East Ramon Drive
Palm Springs, CA 92264
Description Caucasian Male
DOB 08/15/1944

District Court No
Arrest Tracking No 05?7003?00379-4

Location of Offense: Baltimore County

Arresting Department: Baltimore County Police

Charges
Count CJIS Statute Description

Off.Date Disp.Date Disp.Desc Judge

1 1 0233 CR.S.002 Possess With Intent To Distribute
05/30/06 02/12/07 6-220 PBJ Hon. Kathleen Cox

2 3 0233 Cds:Posses With Intent Distribute:Narc
05/30/06 02/12/07 Nolle Prosequi Hon. Kathleen Cox

3 0233 CR.S.602 Possess With Intent To Distribute
05/30/06 02/12/07 Nolle Prosequi 'Hon. Kathleen Cox

?4 3 0233 Cds:Posses With Intent DistributezNarc
05/30/06 02/12/07 Nolle Prosequi Hon. Kathleen Cox

 COURT FOR BALTIMORE COUNTY
County Courts Building
401 Bosley Avenue
Towson, MD 212856754

 

Expungement Information

Count CJIS Statute Description
Off.Date Disp.Date Disp.Desc Judge
5 0233 CR.5.602 Possess With Intent To Distribute
05/30/06 02/12/07 Nolle Prosequi Hon. Kathleen Cox
6 1 0233 CR.5.602 ?Cds Possess With Intent To Distribute
05/30/06 02/12/07 Nolle Prosequi Hon. Kathleen Cox
7 1 0233 CR.5.602 Possess With Intent To Distribute

05/30/06 02/12/07 Nolie Prosequi Hon. Kathleen Cox