FILED

+

April 15. 2004
PETER C. HARVEY
ATTORNEY G E N E W OF NEW JERSEY
Division of Law

124 Halsey Street
Newark, New Jersey 07301
(973) 648- 7457
3y:

.-

Megan K. Matthews
Deputy Attorney General
STATE OF NEW JERSEY
DEPARTMENT OF LAW AND PUBLIC SAFETY
DIVISIOH OF CONSUMER AFFAIRS
BOARD OF MEDICAL EXAMINERS

IN THE MATTER OF THE LICENSE

:

Administ r a t i v e Action

Alfredo -ai=,
M.D.
License No.MR032552

-8EHT

ORDER

TO PRACTICE MEDICINE AND SURGERY :
IN THE STATE OF NEW JERSEY

This matter was opened to t h e New Jersey State Board Of
Medical Examiners

("Board") upon the filing of a Complaint on

January 1$, 2003, by David Samson, former A t t o r n e y General, of New
Jersey,

by Megap K.

Matthewa,

Deputy Attorney

General,

Said

complaint arose o u t of t h e care and treatment rendered to patient
O.B.

by Respondent, Dr. Alfredo Garcia on or about August 25, 2000

and a l l e g e s t h e examination of 0 . B .

presence

o€

a

third p a r t y

and

was

was conducted without the
medically

inappropriate.

Respondent f i l e d an Answer to the charges in which ha admitted that

t h e r e was no chaperone present d u r i n g O.B.'s

exam,

Respondent

denied t h e balance of the charges. The matter was transferred to

 the OAL and the hearing date in this matter was scheduled f o r March

15, 2004.

,

In February 2004, t h e Board was apprised of i n f o m a t i o n from
the Paterson Police Department that. on or about February 5,

2004,

Respondent conducted a physical examination of female patient A . P .
without a chaperone present and t h a t A . P . alleged that Dr. Garcia

conducted a medically inappropriate examination.
The 3 o a s d f s Eecouds herein d i s c l o s e that Respnndent's

license

to practice medicine was previously limited pursuant to a Consent
Order f i h d by the Board on May 19, 1989. Respondent agreed to have

a t h i r d person present during a l l examinations of fernale patients

whether performed in his office or elsewhere,

Respondent never

sought and was never granted relief from t h e provisions of t h i s
Consent Order and thus the limitation was in e f f e c t at the time

Respondent examined both 0.8, and A,P,
The Board finds that Respondent's
instances

violation

of

of

the

conduct constitutes two

1989 Consent

Order

requiring

Reepmdant to have a chaperone duxing t h e examination of any female

patient

and,

therefore,

violations of t h e Duty to Cooperate

regulation pursuant t o f l . J,A. C. 13: 44C- 1.4 and

u. J . S . A .

.

45: 1-21 ( e )

The parties b e i n g desirous. of resolving t h i s matter without
f u r t h e r formal proceedings, and the Board having determined that

the w i t h i n disposition i s adequately protective of the public
health,

safety

and welfare and Respondent

:xej

being desirous

of

 avoiding .formal proceeding6

herein,

and good cause t h e r e f o r e

e x i s t i n g f o r the e n t r y of this Order, it is

ON THIS

'b- cG

DAY OF

2004

HEREBY.ORDERED AND AGREED THAT:

1.

Respondent Alfrsdo Garcia, l 4 . D . ' ~ license to practice

medicine in t h e State of N e w Jersey is hereby suspended for two

years e f f e c t i v e upon t h e entry date of t h e within Order.

Two

separate periods of active suspension, each lasting 75 days, shall

cmunence on May 15, 2004 and no l a t e r than January 15, 2005.

The

remaining periods of suspension s h a l l be stayed and served as
periods of probation,
2.

Respondent

will

immediately

cease

and

desist

fmm

examining female patients without the presence of an authorized
t h i r d party.

Respondent shall have a chaperons present during the

examination of any female patient, regardless of location.
3.

Respondent shall provide t h e names of all chaperones he

i n t e n d s to use to the Board nf Medical Examiners.
p r e s e n t d u r i n g any examination

The chaperone

of a female p a t i e n t shall i n i t i a l

the p a t i e n t chart to certify presence during t h e exam.

Respondent

acknowledges that the Board may demand to review any and all
p a t i e n t charts to ensure a chaperone was p r e s e n t and initialed t h e
chart.

4.

Respondent shall, w i t h i n one year of the date of this

Order, submit to an evaluation by a mental health professional who
will prepare a r e p o r t

to t h e

Board and make

:XPJ

recommendations

 regarding

Respondent's

continued

safe

practice

of

medicine.

forth by t h e

Respondent

shall follow the recommendations s e t

evaluator.

Dr. Garcia s h a l l provide the names of three evaluators

for Board approval p r i o r to undergoing evaluation.
5. Respondent

shall pay civil penalties in t h e amount of $2500

within s i x months of t h e date of e n t r y of t h i s Order.
6.

Within seven days o f entry of t h e w i t h i n Order, the

Attorney General shall provide documentation of the attorney fees,

investigatfve costs, expert fees and transcript custs i n c u r r e d in
the w i t h i n matter.

Upon submission of said documentation by the

Attorney General, Respondent shall pay t h e costa i n c u r r e d by t h e
Board of Medical Examiners including the m a t s of investigation,

expert review, attorneys fees and transcripts within six {6) months
o€ t h e date o f t h i s Order,

The Board reserves the right to file a

certificate of debt in the event payment in f u l l is not received.
7.

Respondent s h a l l , w i t h i n on8 year f o l l o w i n g entry of t h i s

Order, take and successfully complete an e t h i c s course approved in

advance by the Board.
sessions

were

attended,

Successful completion means that a l l

all

assignments

were

properly

and

apprOpriatCdy completed, and a passing grade was achieved which vas

unconditional and w i t h o u t reservations,

Respondent shall suhmit

proof of successful completion of said course-work to t h e Board

within one year hereof.
8.

Respondent s h a l l comply with t h e

"Directives Applicable

to Any Medical Board Licensee who is Disciplined

or Whose Surrender

 of Licensure ha6 been Accepted” which

is attached hereto and made

a p a r t hereof.
9,

The Consent Order shall c o n s t i t u t e a full and final

r e s o l u t i o n of the allegations raised to the Board by 0.3* and A . P .

and which were and could have been raised in t h e Complaint, subject
only to enforcement of t h e terms contained in this Consent Ordet.

NEW JERSEY STATE BOARE OF
MEDICAL EXAMINERS

By :

a Wallbce,

M. D.

Board President

1 have read and understood t h e
within Consent Order and agree
to be bound by its term3, Consent
is hereby given to the Board to
e n t e r this Order.

I: hereby acknowledge that
I have sead and consent to

 DIRECTIVES APPLICABLE TO ANY MEDICAL BOARD LICENSEE
WHO IS DtSClPUNED OR WHOSE SURRENDER O f UCENSURE
HAS BEEN ACCEPTED

APPROVED 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 ofthe public document filed with
the Board. Failure to provide the information required may result in further disciplinary
action for failing to mperate with the Board, as required by N.J.A.C. 13:45C-1 et sea.
Paragraphs 1 through 4 below shall apply when a license is suspended or revoked or
permanentlysurrendered, with or without prejudice. Paragraph5 appliesto licenseeswho
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 hotds 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 previously surrenderedto the Board. In addition, at the conclusion of the term,
the licensee should contact the DEA to advise of the resumption of practice and to
ascertain the impact of that change upon hidher DEA registration.)
2.

Practice Cessation

The licenseeshall cease and desist from engaging in the practice of medicine in this State.
This prohibition not only bars a licensee from rendering professional services, but also
from providing an opinion as to professional practice or its application, or representing
himlhersetf as being eligible to practice. (Atthough the licensee need not affirmatively
advise patients or others of the revocation, suspension or surrender, the licensee must
truthfully disclose hisker licensure status in responseto 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 contra31Tor, accept payment
from another licensee for or rent at fair market value off ice premises andlor equipment.
In no case may the disciplined licensee authorize, allow or condone the-use of hisher
provider number by any health care practice or any other licensee or health care provider.
(In situations where the ticensee has been suspended for less than one year, the licensee

may accept payment from another professional who is using hisher office during the
period that the licensee is suspended, for the payment of salaries for off ice staff employed
at the time of the 8oard 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 hidher eligibility to practice is represented. The licensee must
also take steps to remove hIdh8r name from professional listings, telephone directories,
professional stationery, or billings. Ifthe licensee's name is utilized in a group practice
title, it shall be delated. Prescriptionpads bearingthe licensee's name shall be destroyed.
A destruction report form obtained from the office of Drug Control (973-504-6558) must
be filed. -Ifno other iicensee is providing servioes at the location, all medications must be
removed and returned to the manufacturer, ifpossible, destroyed or safeguarded. (In
situations where a license has been suspendd for less than one year, prescription pads
and medicitions need not be destroyed but must be secured in a locked place for
safekeeping.)
-

3.

Practice Income ProhifiitiondDiWStkuw of Equity Interest in Professional
Service Corporations and Umited Uabllity Companies

A licensee shall not charge, receive or share in any fee for professionalservices rendered
by himherself or others while barred from engaging in the professional practice. The
licensee may be compensated forthe reasonablevalue of sewices lawfully rendered and
disbursements incurred on a patient's behalf prior to the effective date of the Board action.
A licenseewho 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 shafl'be deemed to be disqualified from the practice within the
meaning of the ProfessionalService Corporation Act. (N.J.S.A. 14A17-11). Adisqualified.

licensee shall divest himherself of all financial interest in the professional senrice
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.J.S.A. 42:l-44,shall divest himherself of all
financial interest. Such divestiture shall occur within 90 days following the the entry of the
Order renderingthe licensee disqualifiedto participate in the applicableform of ownership.
Upon divestiture, a licensee shall forward to the Board a copy of documentation forwarded
to the Secretary of State, Commercial Reporting Division, demonstrating that the 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 closed or transferred to another location,
the licensee shall ensure that during the three (3) month periodfollowing 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 licensee (or hislher 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 newspaperaf

c-

.

  A 0535536
ammo Gamma Mb

THIS IS A
NON DIS CIPLINARY
ORDER

PAULA T. DOW
ATTORNEY GENERAL OF NEW JERSEY
Division of Law
124 Halsey Street
P.O. Box 45029
Newark, New Jersey 07101

o

FILED
JULY 13

By:

2010

NEW JERSEY STATE BOARD
OF MEDICAL EXAMINERS

Jeri L. Warhaftig.
Deputy Attorney General
(973)
648-7457

STATE OF NEW JERSEY
DEPARTMENT OF LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF MEDICAL EXAMINERS

IN THE MATTER OF THE SUSPENSION
OR REVOCATION OF THE LICENSE
OF

o

ALFREDO GARCIA. Mn
License No.
MA032552

Ad mi.ni.strative

Action

INTERIM CONSENT ORDER

TO PRACTICE MEDICINE
IN THE STATE OF NEW JERSEY

This
(the

matter

was

" Board")

opened

to

the

State

Board

of

Medical

Examiners

upon notice from the Office of the Bergen County

advising the Board that criminal charges had been filed
against
Thereafter,

Dr.

Garci a

in

both

B ergen

and
Passaic
the Board was provided with the bail order of the

countie
s.

Honorable Donald R. Venezia, J.S.C., filed September 22, 2009 in
which he ordered that Dr. Garcia be "restrained from the practice
of medicine until further ruling by the New Jersey State Board of
Medical Examiners."

That order was subsequently modified by the

Court to permit Dr. Garcia to engage in certain activities for a
brief period of time in order to effectuate the transition of
patients who were undergoing critical treatment.

CERTIFIED TRUE CO

Dr. Garcia remains subject to the conditions of the bail order
of Judge Venezia and has represented to the Board that he has not
practiced medicine since entry of the bail order.

Further, on or

about Wednesday, June 2, 2010, the doctor was indicted in Bergen
County on eighteen

(18)

counts of sexual assault and/or sexual

contact of nine individuals.

The Board recognizes that this is a

criminal accusation against which Dr.

Garcia has expressed his

intention to mount a defense.
In order to effectuate the terms of Judge Venezia's bail
order, and to ensure the continued protection of the public health,
safety and welfare, the Board deems it appropriate to enter the
within non-disciplinary order.
IT IS, therefore, on this

-day of June, 2010,

ORDERED that:

1.

The license to practice medicine in the State of New

Jersey issued to Alfredo Garcia M.D. is hereby deemed "inactive"
and

Dr.

Garcia

of

medicine

Examiners.

shall
pending

continue
further

to

cease

and

desist

from

order

of

the

Board

the
of

practice
Medical

2.

Dr. Garcia, if applicable, shall immediately surrender

his New Jersey and Drug Enforcement Administration Controlled
Dangerous Substance registrations to the appropriate entities.

NEW
MED
By:
Paul C. Mendelowitz, M.D.
President

I have read and understood
the within Order an
Utents.
gree
by its
to be bound
r
Al fred

,,

Dated:

Dated:

7

I O