New York State Board for Professional Medical Conduct 433 River Street, Suite 303 Troy, New York 12180?2299 - (518) 402-0863 Antonia C. Novella. Dr. P.H. Commissioner NYS Department of Health r55, 5 Michael A. Gonzalez, R.P.A. Dennis P. Whalen 7 Vice Chair Executive Deputy Commissioner NYS Department of Health . I Ansel R. Marks, M.D., J.D. Executive Secretary Dennis J. Graziano, Director Of?ce of Professional Medical Conduct October 3, 2003 CERTIFIED MAIL-RE TURN RECEIPT REQUESTED Richard Gregg Robbins, MD. 22 Troy Drive Short Hills, NJ 07078 Re: License No. 179378 Dear Dr. Robbins: Enclosed please ?nd Order 03?267 of the New York State Board for Professional Medical Conduct. This order and any penalty provided therein goes into effect October 10, 2003. If the penalty imposed by the Order is a surrender, revocation or suspension of this license, you are required to deliver to the Board the license and registration. within ?ve (5) days of receipt of the Order to the Board for Professional Medical Conduct, New York State Department of Health, Hedley Park Place, Suite 303, 433 River Street, Troy, New York 12180. Sincerely, Ansel .Marks, .D., . . Executive Secretary Board for Professional Medical Conduct Enclosure STATE OF NEW YORK DEPARTMENT OF HEALTH STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT IN THE MATTER SURRENDER OF ORDER RICHARD GREGG ROBBINS, M.D. CO-O3-08-3805-A BPMC No. 03-267 RICHARD GREGG ROBBINS, M.D., says: On or about August 8, 1989, was licensed to practice medicine as a physician in the State of New York having been issued License No. 179378 by the New York State Education Department. i currently reside at 22 Troy Drive, Short Hills, NJ 07078. I am not currently registered with the New York State Education Department to practice as a physician in the State of New York. I understand that the New York State Board for Professional Medical Conduct has charged me with one 1) speci?cation of professional misconduct as set forth in the Statement of Charges, annexed hereto, made a part hereof, and marked as Exhibit I am applying to the State Board for Professional Medical Conduct for an agreement to allow me to surrender my license as a physician in the State of New York and request that the Board issue this Surrender Order. I, hereby, agree not to contest the one (1) speci?cation set forth in the Statement of Charges (Exhibit A). I understand that in the event that this proposed agreement is not granted by the State Board for Professional Medical Conduct, 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 proposed agreement shall not be used against me in any way, and shall be kept in strict con?dence during the pendency of the professional misconduct disciplinary proceeding; and .such denial by the State Board for Professional Medical Conduct shall be made without prejudice to the continuance of any disciplinary proceeding and the ?nal determination by a Committee on Professional Medical Conduct 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 upon issuance by the Board, which may be accomplished by mailing, by ?rst class mail, a copy of the Order to me at the address set forth above or to my attorney or upon transmission via facsimile to me or my attorney, whichever is ?rst. I am making this agreement of my own free will and accord and not under duress, compulsion or restraint of any kind of manner. Date; '19 .2003 RICHARD GREGG ROBBINS, M.D. Respondent AGREED TO: Date: Bu au of Professional Medical Conduct Datez?50 .e ., .2003 DENNIS J. GRAZIANO Director, Of?ce of Professional Medical Conduct ORDER Upon the proposed agreement of RICHARD GREGG ROBBINS, M.D., to Surrender his license as a physician in the State of New York, which proposed agreement is made a part hereof, it is AGREED TO and ORDERED, that the proposed agreement and the provisions thereof are hereby adopted; it is further ORDERED, that the name of the Respondent be stricken from the roster of physicians in the State of New York; it is further ORDERED, that this Order shall be effective upon issuance by the Board, which may be accomplished by mailing, by ?rst class mail, a copy to Respondent at the addresses set forth in this agreement or to Respondent's attorney or upon transmission via facsimile to Respondent or Respondent's attorney, whichever is earliest. DATED: lo 2/ ,2003 A. GONZADEQRPA. Vice Chair State Board for Professional Medical Conduct STATE OF NEW YORK DEPARTMENT OF HEALTH STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT IN THE MATTER STATEMENT OF OF RICHARD GREGG ROBBINS, M.D. CHARGES CO-O3-OB-3805-A RICHARD GREGG ROBBINS, M.D., the Respondent, was authorized to practice medicine in New York state on August 8, 1989, by the issuance of license number 179378 by the New York State Education Department. FACTUAL ALLEGATIONS A. On or about June 30, 2003, in the Essex County Superior Court, New Jersey, Respondent was found guilty of seven (7) counts of criminal sexual contact in the fourth degree, felonies. SPECIFICATION Respondent violated New York Education Law by having been convicted of committing an act constituting a crime under the law of another jurisdiction and which, if committed within this state, would have constituted a crime under New York state law, in that Petitioner charges: 1. The facts in Paragraph A. DATED: 25 .2003 Albany, New York PETER D. VAN BUREN Deputy Counsel Bureau of Professional Medical Conduct PETER C. HARVEY ACTING ATTORNEY GENERAL OF NEW JERSEY Division of Law 124 Halsey Street P.O. Box 45029 Newark, New Jersey 07 102 Attorney for Board of Medical Examiners By: FILED April 30, 2 0 0 3 N NJERSEY STATE BOARD OF UEolCAt€XAMINERS Daniel S Goodman Deputy Attorney Gen era1 Tel:97; -648-2972 STATE OF NEW JERSEY DEPARTMENT OF LAW & PUBLIC SAFETY DIVISION OF C O N S W R AFFAIRS STATE BOARD OF MEDICAL EXAMINERS TN THE MATTER OF TEE LICENSE OF Administrative Action RICHARD G. ROBBINS, M.D. LICENSE NO: MA 56404 TO PRACTICE MEDICNE AND SURGERY : CONSENT ORDER OF VOLUNTARI- SURRENDER WITHOUT PREJUDICE IN THE STATE OF NEW JERSEY This matter was opened to the State Board of Medical Examiners upon receipt of notke that an or about February 4, 2003, Richard Robbins, M.D (“Respondent”)was indicted on nine (3) carifits cjf Criminal Sexual C o n m t in the 4th degree in Essex County, New Jersey The doctor being desirous of resolving this matter on an interim basis, and the Board having found the within disposition adequately protective of the public health, safety and welfare, ITISONTHIS ORDERED: q” DAYOF f l f r l ,2003 1. Respondent- Richard Robbins, M.D., is hereby granted leave and shall surrender his license to practice medicine and surgery in the State of New Jersey without prejudice, pending the fina! resolution of the criminal charges referenced herein, effective June 30, 2003. 2. Respondent agrees to immediately employ a Board approved chaperone, at his own expense, until his surrender of licensure becomes effective. The chaperone shall be present with Respondent whenever he treats any female patients and shall ensure that Respondent remains in compliance with N.J. 4.C. 13:35-6.3, which has been provided to both Respondent and the chaperone. The chaperone is also to initialize each female patient’s chart to indicate the chaperone’s presence at the examinatiun and is to submit a report to the Board on a monthly basis, until Respondent’s surrender of licensure becomes effective. In addition, the chaperone is to notify the Board within twenty-four (24) hours of any violation of N.J.A.C.1 3 3 5 - 6 . 3 or this chaperone agreement. [The record reflects that prior to entry of the within Order, Respondent proposed Laurel O‘Shea-Arturi, a licensed optician, as his chaperone and she has been approved by the Board.] 3 . Upon proof of final resohion of the criminal charges, Respondent is granted leave to petition for an appearance before a committee of the Board, at which time he shall demonstrate his fitness to engage in the practice of medicine and discuss m y zllsged violations cf N.J S.A. 451-21, 4. Respondent shaIl return his original New Jersey license and current biennial registration to the New Jersey State Board of Medical Examiners, 140 E. Front Street, P.O. Box 183, Trenton, New Jersey 08625-0 133, no later than June 30, 2003. . ... - - - -- 5 . Respondent shall return his original CDS registtation to the New Jersey State Board of Medical Examiners, 140 E. Front Street, P.Q. Box 183, Trenton, New Jersey 08625-0183, no later than June 30, 2003. 6 . Respondent shall advise the DEA of this Order no later than June 30,2003 7. Respondent shall comply with the "Directives Applicable to Any Medical Board Licensee who is Suspended, Revoked, or whose Surrender of Licensure has been Accepted," which is attached heretc and made a part hereof. 8 . This Order is entered without prejudice to the further investigation and prosecution of this matter by the Attorney Genera!. NEW JERSEY STATE BOARD OF MEDICAL EXAMINERS By: Z,&J/& ma i 5 c 13 William V. Harrer, M.D., B.L.D. President I have read and undcrstood the within Order and agree to be bound by its terms Conscnt is heteby given t o the Board to enter this Order Richard Robbins, M.D Consented to as to fom: Sharon Kcm: Esq. DIRECTIVES APPLICABLE TO ANY MEDICAL BOARD LICENSEE WHO IS DISCIPLINED OR WHUSE SURRENDER OF LICENSURE HAS BEEN ACCEPTED APPROVEQ BY THE BOARD ON MAY 10,2000 All licensees who are the subject of a disciplinary order of the Board are required to provide the information required on the Addendum to these Directives. The information provided will be maintained separately and will not be part of the public document filed with the Board. Failure to provide the information required may result in further disciplinary action for failing to cooperate with the Board, as required by N.J.A.C. 13:45C-1 Paragraphs 1 through 4 betow shall apply when a license is suspended or revoked or permanently surrendered, with or without prejudice. Paragraph 5 applies to licensees who are the subject of an order which, while permitting continued practice, contains a probation or monitoring requirement. 1. Document Return and Agency Notification The licensee shall promptly forward to the Board office at Post Office Box 183, 140 East Front Street, 2nd floor, Trenton, New Jersey 08625-0183, the original license, current biennial registration and, if applicable, the original CDS registration. In addition, if the licensee holds a Drug Enforcement Agency (DEA)registration, he or she shall promptly advise the DEA of the licensure action. (With respect to suspensions of a finite term, at the conclusion of the term, the licensee may contact the Board office for the return of the documents previousty surrendered Eo the Board. In addition, at the conclusion of the term, the licensee should contact the DEA to advise of the resumption of practice and Po ascertain the impact of that change upon hislher DEA registration.) 2. Practice Cessation The licensee shall cease and desist from engaging in the practice of medicine in this State. This prohibition not onty bars a licensee from rendering professional services, but also from providing an opinion as to professional practice or its application, or representing himlherself as being eligible to practice. (Although the licensee need no1 affirmatively advise patients or others of the revocation, suspension 07 surrender, t h e licensee must truthfully disclose hisJher licensure status in response to inquiry.) The disciplined licensee is also prohibited from occupying, sharing or using office space in which another licensee provides health care services. The disciplined licensee may contract for, accept payment from another licensee for or rent at fait market value office premises andlor equipment. In no case may the disciplined licensee authorize, allow or condone the use of hislher provider number by any health care practice or any other licensee or health care provider. (In situations where the ticensee has been suspended tor less than one year, t h e licensee may accept payment from another professional who is using hidher office during the period that t h e licensee is suspended, for the payment of salaries for office staff employed at the time of the Board action.) - __ ! .. ..... . - . .. .. -.. - A licensee whose license has been revoked, suspended for one (1) year or more or permanently surrendered must remove signs and take affirmative action to stop advertisements by which hisher eligibility to practice is represented. The licensee must also take steps to remove hidher name from professional listings, telephone directories, professional stationery, or billings. If the licensee's name is utilized in a group practice title, it shall be deleted. Prescription pads bearing the licensee's name shall be destroyed. A destruction report form obtained from the Office of Drug Control 1973-504-6558) must be filed. if no other licensee is providing services at the location, all medications must be removed and returned tu the manufacturer, if possible, destroyed or safeguarded. (In situations where a license has been suspended for less than one year, prescription pads and medications need not be destroyed but must be secured in a locked place for safekeeping.) 3. Practice Income ProhibitjonslDivesEit~~e of Quity Interest in Professional Service Corporations and Limited Liability Companies A licensee shall not charge, receive or share in any fee for professional services rendered by himlherself or others while barred from engaging in the professional practice. The licensee may be compensated for the reasonable value of services lawfully rendered and disbursements incurred on a patient's behalf prior to the effective date of the Board action. A licensee who is a shareholder in a professional service corporation organized to engage in the professional practice, whose license is revoked, surrendered or suspended for a term of one (1) year or more shall be deemed to be disqualified from the practice within the meaning of t h e Professional Service Corporation Act. (N.J.S.A. 14A:17-11). A disqualified licensee shall divest hindherself of all financial interest in the professional service corporation pursuant to N.J.S.A. 14A:17-13(c). A licensee who is a member of a limited liability company organized pursuant to N.S.S.A. 42:l-44, shall divest himlherself of all financial interest. Such divestiture shall occur within 90 days following the the entry of the Order rendering the licensee disqualified to participate in the applicable form of ownership. Upon divestiture, a licensee shall fonvard to the Board a copy of documentationfonvarded to the Secretary of State, Cbmmercial Reporting Division, demonstrating that t h e interest has been terminated. If the licensee is the sole shareholder in a professional service corporation, the corporation must be dissolved within 90 days of the licensee's disqualification. 4. Medical Records If, as a result of the Board's action, a practice is cloked or transferred to another location, the licensee shall ensure that during the three (3) month period foltowing the effective date of the disciplinary order, a message will be delivered to patients calling the former office premises, advising where records may be obtained. The message should inform patients of the names and telephone numbers of the licehsee (or hisher attorney) assuming custody of the records. The same information shall also be disseminated by means of a notice to be published at least once per month for three (3) months in a newspaper of general circulation in the geographic vicinity in which the practice was conducted. At the end of the three month period, the licensee shaH file with the Board the name and telephone number of the contact person who will have access to medical records of former patients. Any change in that individual or hisher telephone number shall be promptly reported to the Board. When a patient or hislher representative requests a copy of hislher medical record or asks that record be fonvarded to another health care provider, the licensee shall promptly provide the record without charge to the patient. 5. ProbationlMonitoring Conditions With respect to any licensee who is the subjedt of any Order imposing a probation or monitoring requirement or a stay of an active suspension, in whole or in part, which is conditioned upon compliance with a probation or monitoring requirement, the licensee shall fully cooperate with the Board and its designated representatives, including the Enforcement Bureau of the Division of Consumer Affairs, in ongoing monitoring of the licensee's status and practice. Such monitoring shall be at the expense of the disciplined practitioner. Monitoring of practice conditions may include, but is not limited to, inspection (a) of the professional premises and equipment, and Inspection and copying of patient records (confidentialityof patient identity shall be protected by the Board) to verify compliance with the Board Order and accepted standards of practice. Monitoring of status conditions for an impaired practitioner may include, but (b) is not limited to, practitioner cooperation in providing releases permitting unrestricted access to records and other information to the extent permitted by law from any treatment facility, other treating practitioner, support group or other individuallfacility involved in the education, treatment, monitoring or oversight of the practitioner, or maintained by a rehabilitation program for impaired practitioners. If bodily substance monitoring has been ordered, the practitioner shall fully cooperate by responding to a demand for breath, blood, urine or other sample in a timely manner and providing the designated sample. ADDENDUM Any licenseewho is the subject of an order of t h e Board suspending, revoking or othenvise conditioning the license, shall provide the following information at the time that the order is signed, if it is entered by consent, or immediately after sewice of a fully executed order entered after a hearing. The information required here is necessary for the Board to fulfill its reporting obligations: 1 Y ! Social Security Number’: List the Name and Address of any and all Health Care Facilities with which you are affiliated: List the Names and Address of any and all Health Maintenance Organizations with which you are affiliated: Provide the names and addresses of every person with whom you are associated in your professional practice: (You may attach a blank sheet of stationery bearing this information). 1 Pursuant to 45 CFR Subtitle A Section 61.7and 45 CFR Subtitle A Section 60.8,the Board is required to obtain your Social Security Number andlor federal taxpayer identification number in order to discharge its responsibility to repor! adverse actions to the National Practitioner Data Bank and the HIP Data Bank. NOTICE OF REPORTING PRACTICES OF BOARD REGARDING DISCIPLINARY ACTIONS Pursuant to N.J.S.A. 52:148-3(3), all orders of the New Jersey State Board of Medical Examiners are available for public inspection. Should any inquiry be made concerning the status of a licensee, the inquirer will be informed of the existence of the order and a copy will be provided if requested. All evidentiary hearings, proceedings on motions or other applications which are conducted as public hearings and the record, including the transcript and documents marked in evidence, are available for public inspection, upon request. Pursuant to 45 CFR Subtitle A 60.8, the Board is obligated to report to the National Practitioners Data Bank any action relating to a physician which is based on reasons relating to professional competence or professional conduct: (I) (2) (3) Which revokes or suspends (or othetwise restricts) a license, Which censures, reprimands or places on probation, Under which a license is surrendered. Pursuant to 45 CFR Section 61.7, the Board is obligated to repor! to the Healthcare Integrity and Protection (HIP) Data Bank, any formal or official actions, such as revocation or suspension of a license(and the length of any such suspension), reprimand, censure or probation OT any other loss of license or the right to apply for, or renew, a license of the provider, supplier, OT practitioner, whether by operation of law, voluntary surrender, non-renewability, or otherwise, or any other negative action or finding by such Federal or State agency that is publicly available information. Pursuant to N.J.S.A.45:9-19.13, if the Board refuses to issue, suspends, revokes or otherwise places conditions on a license or permit, it is obligated to notify each licensed health care facility and health maintenance organization with which a licensee is affiliated and every other board licensee in this state with whom he or she is directly associated in private medical practice. In accordance with an agreement with the Federation of State Medical Boards of the United States, a list of all disciplinary orders are provided to that organization on a monthly basis. Within the month following entry of an order, a summary of the order will appear on the public agenda for the next monfhly Board meeting and is forwarded to those members of the public requesting a copy. In addition, the same summary will appear in the minutes ef thal Board meeting, which are also made available to those requesting a copy. Within t h e month iollowing entry of an order, a summary of the order will appear in a Monthly Disciplinary Action Listing which IS made available to those members of the public requesting a copy. On a periodic basis the Board disseminates to its licensees a newsletter which includes a brief description of all of the orders entered by the Board. From time to time, the Press Office of the Division of Consumer Affairs may issue releases including the summaries of the content of public orders. Nothing herein is intended in any way to limit the Board, the Division or the Attorney General from disclosing any public document.