STATE OF ILLINOIS DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION DIVISION OF PROFESSIONAL REGULATION DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION of the State of Illinois, Complainant v. No. 2014-09281 GARY WEISS, M.D., License No. 036.106382 ReSpondent CONSENT ORDER THE DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION of the State of Illinois, DIVISION OF PROFESSIONAL REGULATION (?Department?) by and through Laura E. Forester, its Chief of Medical Prosecutions, and Gary Weiss, M.D., Respondent (?Respondent?) hereby agree to the following: STIPULATIONS Respondent is registered as a Physician and Surgeon in the State of Illinois, License No. 036.106382. Said license is currently in NOT RENEWED status. At all times material to the matters set forth in this Consent Order, the Department had jurisdiction over the subject matter and partia herein. The Department received information that on or about September 22, 2014, Respondent agreed to permanently inactivate his Colorado Medical License, as he was no longer practicing in Colorado at the time of the Board?s investigation and does not intend to return to practice there in the ?iture. See Exhibit A, attached hereto and made a part of this Consent Order. Likewise, Respondent does not intend to practice again in the State of Illinois. The allegations set forth herein, if proven to be true, would constitute grounds for suspending or revoking Respondent?s license as a Physician and Surgeon and other disciplinary penalties on authority of 225 ILCS paragraph (12). Subsequently, Respondent and the Department engaged in negotiations to amicably resolve a Formal Complaint that is pending in ?-ont of the Department. For purposes of this Consent Order only, Respondent neither admits or denies allegations but Respondent acknowledges that should this matter Department of Financial and Professional Regulation (?Director?), this acknowledgement shall not be CONDITIONS WHEEREFORE, the Department, through Laura E. Forester, its Chief of Medical Prosecutions, and Gary Weiss, M.D., Respondent agree: A. Respondent agrees to VOLUNTARILY PERMANENTLY RELINQUISH his Illinois Physician and Surgeon License No. 036.106382. B. This disposition is considered a discipline for reporting purposes to entities such as the National Practitioner Data Bank. If Respondent violates any conditions of this Order, the Director is permitted to issue an Order forthwith mandating the automatic, inde?nite and immediate suspension of Respondent?s Illinois Physician and Surgeon License No. 036.106382, for a minimum Page 2 of 4 period of twelve 12) months. This suspension shall not preclude the Department from taking any other disciplinary or other actions it deems appropriate. In the event that Respondent contests in writing (by the ?ling of an appropriate Petition with the Department) the factual basis underlying said suspension within thirty (30) days of the imposition thereot; then Respondent shall be a?'orded a hearing on the merits within thirty (30) days ??om ?ling of said Petition. F. This Consent Order shall become effective upon signing and approval by the Director of the Division of Professional Regulation of the Illinois Department of Financial and Professional Regulation. DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION of the State of Illinois edical Prosecutions Date .4 Gary Weiss, M.D., Respondent Wolfson, Counsel for Respondent Merhber? llinois Medi?cal Disciplinary Board Page30f4 THIS CONSENT ORDER IS APPROVED IN FULL: Dated this 959?? day of . 2015. DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION of the State of Illinois; DIVISION OF PROFESSIONAL REGULATION 3&9 Schnetde?? Secs-em KY 8 Director REF: License No. 036.106382 Case No. 2014-09281 J. Fenton Page4of4 BEFORE THE COLORADO MEDICAL BOARD STATE OF COLORADO CASE NO. 2012-001765-B STIP ULATION AND FINAL AGENCY ORDER THE MATTER OF THE PROCEEDING REGARDING THE LICENSE TO PRACTICE MEDICWE IN THE STATE OF COLORADO 0F Gary Weiss, MD. LICENSE NUMBER 35800, Respondent. IT IS EREBY and agreed by and between Inquiry Panel of the Colorado Medical Board (the ?Boanl?) and Gary Weiss, M.D., (?Respondent?) (collectively "the Parties") as follows: JURISDICTION AND CASE HISTORY 1. Respondent was licensed to practice medicine in the state of Colorado on "December 19, 1996 and was issued license number DR 35800, which Respondent has held continuously since that date. 2. The Board has jurisdiction over Respondent and over tlte subject matter of this proceeding. 3. On June 21, 2012, the Panel reviewed Case Number 2012-0017653 and determined that further proceedings by formal complaint were warranted pursuant to Section 12-364 OILS. 4. It is the intent of the Parties and the purpose of this Stipulation and Final Agency Order (?Order?) to provide for a settlement of all matters set forth in Case Number 2012-001765-B, without the necessity of conducting a formal disciplinary hearing. This Order constitutes the entire agreement between the parties, and there are no other agreements or promises, written or oral, which modify, interpret, construe or affect this Order. 5. Respondent understands that: 3. Respondent has the right to be represented by an attorney of the Respondent?s choice, and Reapondent is represented by counsel in this matter; b. Respondent has the right to a fennel complaint and disciplinary hearing pursuant to Sections 12-36-1 18(4)(c)(lV) and o. By entering into this Order, Respondent is knowingly and voluntarily giving up the right to a formal hearing, admits the facts contained in this Order, and relieves the Panel of its burden of proving such facts; d. Reapondent is knowingly and voluntarily giving up the right to present a defense by oral and documentary evidence and to cross-examine witnesses who would testify on behalf of the Panel; and 6. Respondent is knowingly and voluntarily waiving the right to seek judicial review of this Order. FACTUAL BASIS 7. Respondent speci?cally admits and the Panel ?nds that: a. ReSpondent is a neurologist who is board certi?ed in neurology and electrodiagnostic medicine. b. Respondent performs and interprets his own MRI studies. Respondent does not have his MRI studies interpreted by a radiologist or neuroradioligist. c. Between May 9, 2009 and July 2011, Respondent was the primary physician treating Patient D.E. for Multiple Sclerosis d. Respondent diagnosed Patient D.E. with relapsing and remitting MS. with possible secondary progressive MS. Approximately three months later Respondent ruled out secondary progressive MS. e. Relapsing and remitting MS can be treated with Tysabri. Tysabri is a drug that is highly effective at preventing recurrent in?ammation in patients with relapsing and remitting MS. However, Tysabri can cause a life threatening disease called progressive multifocal leukoencephalopathy t2 There is no treatment for secondary progressive MS. Patients with secondary progressive MS should not be treated with Tysabri. g. Respondent explained the Option of using Tysabri to BE. and her family and discussed the pros and cons of the medication. h. Doctors treating patients with Tysabri must monitor their patients' neurological status closely based on subjective and objective ?nding. Cognitive impairment is the most common clinical presentation followed by motor skill abnormalities, language disturbances and visual defects. Objective signs include comparing past magnetic resonance imaging with current MRIs to identify whether there are new brain lesions. i. Patient D.E. started Tysabri treatment in July 2009. Her condition improved for about nine months. j. In September 2010, Patient daughter told Respondent that she was concerned Patient D.E. may be developing She complained her mother was ?acting di??erently? and becoming forgetful. Respondent discussed this with Patient D.E and her Spouse and they did not feel like that had been a problem. It. On February 10, 201], Patient D.E. had an MRI at Respondent's of?ce that Respondent interpreted. Respondent failed to diagnose a subtle new brain lesion on Patient MRI study that was possibly indicative of PML. 1. On May 4, 2011 Respondent performed another MRI on Patient DE. and failed to diagnose a new and subtle brain lesion on the May 4, 2011 MRI study that was possibly indicative of PML. m. Respondent performed another MRI on Patient D.E. on June 29, 2011. Respondent noticed a brain lesion on the June 29, 2011 MRI and diagnosed Patient D.E. with PML. n. An MRI study was taken at the Valley View Medical Center in May 2011 and read by a radiologist who made no mention of PML in the radiology report. The radiologist did not have the previous MRI brain studies performed by Respondent when he performed the and wrote his report. 8. The Respondent acknowledges and the Panel ?nds that, if the Panel were to prove the following factual allegations at hearing, it would constitute a prime jbet'e case of unprofessional conduct as de?ned in the Medical Practice Act, and would subject Respondent to discipline. Respondent denies the following allegations: a. It was below the standard of care for Respondent to fail to diagnose Patient brain lesion on the February 10, 2011 b. It was below the standard of care for Respondent to fail to diagnose Patient brain lesion below the standard of care to fail to recognize subjective complaints of memory loss, leg weakness and imbalance as signs of d. It is below the standard of care to continue Tysabri treatments when a patient develops brain lesions indicative of PML and has subjective signs of PMI.. 9. Respondent admits and the Panel ?nds that the conduct set forth above, if proven, constitutes unprofessional conduct as de?ned in Section C.R.S., which stat: (1) "Unprofessional conduct" as used in this article means: Any act or omission which fails to meet generally accepted standard of medical practice; Based upon the above, the Parties agree and stipulate that the terms of this Order are authorized by Section C.R.S. PERMANENT LICENSE INACTIVATION 10. In September 2013, Reapondent stopped practicing in Colorado. He permanently relocated to Florida at that time where he is now engaged in the hill time practice of medicine. Respondent did not renew his license to practice medicine in Colorado in April 2014 when renewal was due and Respondent?s license has expired. The Board hereby waives the requirement of 12-36-137, C.R.S., of a formal application, including a supporting af?davit for the transfer of a license to inactive status; and the entry of this Order shall be deemed equivalent to a grant of an application for inactive status under 12-36-137, C.R.S. Respondent has not performed any act in the State of Colorado that constituted the practice of medicine nor has he performed any act in any location pursuant to the authority of his license to practice medicine in Colorado since his relocation to Florida in September 2013. Respondent acknowledges that he cannot perform any act in the State of Colorado that constitutes the practice of medicine nor can he perform any act in any other location pursuant to the authority of a license to practice medicine granted by the State of Colorado. 12. Respondent agre not to apply for reactivation of his license, reinstatement of his license, or to apply for a new license issued by the Board at any time in the ?iture. Respondent understands and acknowledges that he is permanently inactivating a license to practice medicine in the State of Colorado. Respondent agrees not to apply for renewal, reinstatement, reactivation or issuance of a new license to practice medicine in the State of Colorado at any time in the ?rturc. Respondent speci?cally waives any right to which he may be entitled pursuant to Section 12-36-1 CRS. regarding application for licensure. OTHER TERMS 13. The terms of this Order were mutually negotiated and determined. 14. The Parties acknowledge that they understand the legal consequences of this Order; the Parties enter into this Order voluntarily; and the Parties agree that no term or condition of this Order is unconscionable. 15. All costs and expenses incurred by Respondent to comply with this Order shall be the sole responsibility of Respondent, and shall in no way be the obligation of the Board. 16. So that the Board may notify hospitals of this agreement pursuant to section 12-36-1180 3), C.R.S., Respondent presently holds privileges at or is employed by the following h05pitals and facilities: 17. This Order and all its terms shall have the same force and e?'ect as an order entered alter a formal disciplinary hearing pursuant to section 12-36- C.R.S., except that it may not be appealed. Failure to comply with the terms of this Order may be sanctioned by the Inquiry Panel as set forth in section 12- C.R.S. This Order and all its terms also constitute a valid board order for purposes of section 12-3 6-1 C.R.S. 18. This Order shall be admissible as evidence at any future hearing before the Board. 19. Invalidation of ?any portion of this Order by judgment or court order shall in no way affect any other provision, which shall remain in ?rll force and effect. 20. During the pendency of any action arising out of this Order, the obligations of the parties shall be deemed to be in ?rll force and effect and shall not be tolled. 21. This Order shall be effective Upon approval by the Board and signature by a Board member or other authorized person. Respondent acknowledges that the Panel may choose not to accept the terms of this Order and that if the Order is not approved by the Board and sigred by a Board member or other authorized person, it is void. 22. This Order shall be e??ective upon mailing by ?rst-class mail to Respondent at Respondent?s address of record with the Board, or service by electronic means on Respondent at Respondent?s electronic address of record with the Board. Respondent hereby consents to service by electronic means if Respondent has an electronic address on ?le with the Board. 23. Upon becoming effective, this Order shall be open to public inapection and shall be publicized pursuant to the Board?s standard policies and procedures. This Order constitutes discipline against Respondent?s license. Additionally, this Order shall be reported the Federation of State Medical Boards, the National Practitioner Data Bank and as otherwise required by law. 24. If Respondent is licensed by any other jurisdiction, Respondent shall report this Order to all other jurisdictions in which Respondent is licensed. 25. Respondent shall submit an update to his pro?le with the Healthcare Professions Pro?ling Program regarding this Order within thirty (30) days of the effective date of this Order. Wei s, MD. THE FOREGOING was acknowledged before me this day of QMJM 2014 by Gary Weiss, MD, in the County of been State of ?ail/i. ?39' means L. cesium - Helm Pattie g- mum. human 15,201: r. Cumulus I If APPROVED AS TO FORM: FOR RESPONDENT FOR THE COLORADO MEDICAL BOARD JOHN W. SUTHERS Attorney General Gary B. Bludlesi'r. Victoria E. Lovato Esq. #31700 Silver DeBoskey Smith Mansion 1801 York St. Attorneys for the Colorado Medical Board, Denver, CO 80206 Inquiry Panel Telephone: (303) 3996000 Colorado Department of Law Email: Ralph L. Carr Colorado Judicial Center 1300 Broadway, 8??1 Floor Denver, Colorado 80203 Telephone: (720) 508-5390 Email: jackwesoky@state.co.us *Counsel of Record . a. I