2530?? Department OPPORTUNITY. of Health ANDREW M. CUOMO HOWARD A. ZUCKER. MD. JD. SALLY DRESLIN, M.S., R.N. Governor Commissioner Executive Deputy Commissioner April 16, 2018 CERTIFIED MAIL-RETURN RECEIPT REQUESTED Mark L. Sarnovl i i Dear Dr. Sarnov: Re: License No. 207821 Enclosed is a mm of the New York State Board for Professional Medical Conduct (BPMC) Order No. 18-089. This order and any penalty provided therein goes into effect April 23, 2018. Please direct any questions to: Board for Professional Medical Conduct, Riverview Center, 150 Broadway. Suite 355. Albany. New York 12204, telephone 518-402-0846. Sincerely, Robert A. Catalano, MD. Executive Secretary Board for Professional Medical Conduct Enclosure cc: Andrew M. Knoll, MD, JD. Cohen, Compagni, Beckman, Appler Knoll 507 Plum St.. Suite 310 Syracuse, New York 13204 Empire State Plaza. Corning Tower. Albany, NY 1223? health.ny.gov new YORK STATE DEPARTMENT OF HEALTH STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT BPMC No. 13-039 IN THE OF- CONSENT MARK M.D. . ORDER Upon the application of (Respondent) MARK SARNOV. MD. in the attached Consent Agreement end Order. which is made a part of this Consent Order. it is ORDERED. that the Consent Agreement, and its terms. are adopted and it is further ORDERED. that this Consent Order shall be effective upon issuance by the Board. either by mailing of a copy of this Consent Order. either by ?rst class mail to Respondent at . the address in the attached Consent Agreement or by certi?ed mail to Reapondent's attorney. OR . upon tecsimiie transmission to Respondent or Respondent's attorney. whichever is ?rst. SO ORDERED. DATE: . ARTHUR S. HENGERER. MD. Chair State Board for Professional Medical Conduct 1 . NEW YORK STATE DEPARTMENT OF HEALTH STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT IN THE MATTER OF . . . AGREEMENT MARK SARNOV, mo. - MARK SARNOV, M.D.. represents that all oi the following statements are true: That on or about August 11. 1997. I was licensed to practice as a physician in the State oiNew York. and issued License No. 207821 by the New York State Eduoation Department. . advise the Director of the O?ice of Professional Medical Conduct of any change of address. i understand that'the New York State Board for Professional Medical Conduct (Board) has charged me with one or more speci?cations of professionei misconduct. as set forth ln-a Statement of Charges. marked as Exhibit attached to and part of this Consent Agreement. i agree not to contest the allegations. In full satisfaction of the charges against me. and agree to the following. penalty; Ii 1) i? '2 Pursuant to N.Y. Pub. Health Law my license to practice medicine in New York State shall be suspended for 3 years. with the ?rst- 3 months to be served as a period of actual suspension and with the last . 33 months stayed. Pursuant to N.Y. Pub. Health Law zoo-?arm. I shall be-placed on probation for 3 years. subject to the terms set forth in attached Exhibit Pursuant to N.Y. Pub. Health Law my license to practice medicine in New York State shall be limited to require the use of a chaperone in my medical practice. as set out In the following: .CHAPERONE Respondent shall. In the course of practicing medicine in New York State. examine andlor treatany female patient only in the presence of a chaperone..The chaperone shall be a licensed or registered health care professional or other health care 'worker. shall not be a family member. personal friend. or be in a professional relationship with Respondent which could pose a con?ict with the chaperone's . responsibilities. The chaperone shall be proposed by Respondent and subject tothe - written approval of the Director of 0PMC. - Prior to the approval of any individual as chaperone. Respondent shall cause the proposed chaperone to execute and submit to the Director of OPMC an acknowledgment of the chaparone's agreement to undertake all of the responsibilities of the role of chaperone. Said acknowledgment shall be made upon a form provided by and acceptable to the Director. Respondent shall provide the chaperone with a copy of the Order and all of its attachments and shall. without'fall. muse the approved chaperone to: a) Report quarterly to 0PMC regarding the chaperonlng of Respondent's practice. in) Report within 24 hours any failure of Respondent to comply with the Order. including. but not limited to. any failure by Respondent to have the 3 chaperone present when required. or any inappropriate conduct. whether verbal or physical. by Respondent In the presence of any patient. c) Confirm the chaperone's presence at each and every examination and treatment of a female patient by Respondent, by placing the chaperone's name, title and date In the patient record for each and every visit. and by maintaining a separate log, kept in the chaperone?s own possession and signed by the chaperone. listing the patient name and date of visitfor each and every patient visit cheperoned. d) Provide copies of the logdescribed in paragraph c, above. to OPMC at least quarterly and also immediately upon the Director's request. I further agree that the Consent Order shall Impose the following conditions: Licensee shall enroll. or continue enrollment. In the Committee for Physicians' Health (CPH) and shall engage in a contract with CPH that fully describes the terms. conditions and duration of a recovery program. Licensee shall comply with the contract. Licensee shall provide a written authorization for CPl-i toaprovlde the Director of 0PMC with anylaii information or documentation requested by 0PMC to determine whether Licensee is in compliance with the contract and with this Order. including full access to the records maintained by CPH?wlli respect to Licensee. a) Licensee shall cause CPH to report to OPMC if Licensee refuses to comply with the contract. refuses to submit to treatment or if Licensee's impairment is not substantially alleviated by treatment. b) Licensee shall cause to report immediately to 0PMC if Licensee is regarded at any time to be an imminent danger to the public. 4 That Respondent shall comply with each and every penalty imposed by this Order pursuant to N.Y. Pub. Health Law 5 230-51; and That Respondent shall remain in continuous compliance with all requirements of N.Y. Educ Law 6502 including but not limited to the requirements that a licensee shall register and oontinue to be registered with the New York State Education Department (except during periods of actual suspension) and that a licensee shall pay all registration fees: Respondent shall not exercise the option provided Educ. Law 65b2(4) to avoid registration and payment of fees. This condition shall take effect 120 days after the Consent Order?s effective date and will continue so long as Respondent remains a licensee ln'New York State; and - That Respondent shall remain lrrcontlnuous compliance with all requirements of N.Y. Pub. Health Law and 10 1000.5, including but not limited to the requirements that a licensee shall: report to the department all information required by the Department to devei0p a public physician pro?le for the licensee; continue to notify the department of any change in profile information within 30 days of any change (or in the case of optional information, within 365 days of such change); and. in . addition to such periodic reports and noti?cation of any changes. Update his or her pro?le information within six months prior to the expiration date of the licensee's registration period. Licensee shall submit changes to his or her 5 . physician pro?le information either electronically using the department's secure web site or on.fonns prescribed by the department, and ilcensee shall attest to the truthfulness. completeness and'correctness at any changes licensee submits to the department. This condition shall take e??ect 30 days after the Order?s effective date and shall continue so long as Respondent remains a licensee In New York State.- Respondent's failure to comply with this condition.'if proven and found at a hearing pursuant to N.Y. Pub. Health Law 030. shall constitute professional misconduct as de?ned in N.Y. Educ. Lew? 6530(21) and N.Y. Educ. Law 6530(29). Potential penalties for failure to comply with this condition may include all penalties for protesslonai misconduct set forth In N.Y. Pub. Health Law 230-a, including but not limited to: revocation or suspension of license, Censure and Reprimand. probation. public service andlor ?nes of Up to $10,000 per specification of misconduct found; and That Respondent shall provide the Director, Office of Professional Medical Conduct (0PMC). Riverview Center. 150 Broadway, Suite 355. Albany. New York 1204-2719. with the following information. in writing. and ensure that this Information Is kept current: a full description of Respondent's employment and practice: all professional and residential addresses and telephone numbers within and outside New York State: and all Investigations, arrests. charges, convictions or disciplinary actions by any local, state or 6 federal agency. institution or facility. Respondent shall notify 0PMC. in writing, within 30 days of any additions to or changes ,in the required Information. This condition shall take effect 30 days after the Order?s effective date and shall continue at all times until Respondent receives?written noti?cation from the Of?ce or Professional Medical Conduct. Physician Monitoring Program. that OPMC has determined that Respondent has fully complied with and satisfied the requirements of the Order. regardless of telling; and That Respondent shall cooperate fully with the Of?ce of Professional Medical Conduct (OPMC) in its administration and enforcement of this Consent Order and In Its investigations of matters concerning Respondent. Respondent shall respond in a timely manner to all OPMC requests for written periodic veri?cation of Respondent?s compliance with this Consent Order. Respondent shall meet with a person designated try the Director of OPitilC. as directed. Respondent shall respond and provide all documents and information within Respondent's control. as directed. This condition shall take effect upon the Board's_lssuance of the Consent Order and will continue so long as Respondent remains licensed in New York State. 1 stipulate that my failure to comply with any conditions of this Consent Order shall i constitute misconduct as de?ned by N.Y. Educ. Law 6530(29). 7 I agree that. if I am charged with professional misconduct in future. this Consent Agreement and Order shall be admitted Into evidence in that proceeding. - ask the Board to adopt this Consent Agreement. I understand that if the Board does not adopt this Consent Agreement. none of its terms shall bind me or constitute an admission of any of the acts at alleged misconduct: lthis Consent Agreement shall not beused against me in any Way and shall be kept in strict con?dence; and the Board?s denlal shall be without prejudice to the pending disciplinary . If proceeding and the Board's final detennlnatlon pursuant to the ..Y Pub. Health Law. i agree that. If the Board adopts this Consent Agreement the Chair of the Board shall issue a Consent Order in accordance with terms. i agree that this Consent Order shall take effect upon its Issuance by the Board. either by mailing of a copy of the Consent Order by first class mall to me at the address in this Consent Agreement. or to my attorney Ii by certified mail. OR upon facsimile transmission. to me or rny attorney. whichever is ?rst. The Consent Order. this agreement. and all attached Exhibits shall be public documents. with only patient identities. if any. redacted. As public documents. they may be posted on the Department's website. OPMC shall report this action to the National Practitioner Data Bank and the Federation of State Medical Boards. and any other entities that the Director of OPMC shall deem appropriate. I stipulate that the proposed sanction and Consent Order are authorized by N.Y. Pub. Health Law 230uand 230a. and that the Board and OPMC have the requisite powers to carry out all included terms. ask the Board to 'ad'opt this Consent Agreement of . my own free will and not under duress, compulsion or restraint. In consideration of the i value to me of the Board's adoption of this Consent Agreement, allowing me to resolve this matter without the various risks and burdens of a hearing on the merits, I knowingly waive my right to contest the Consent Order for which i?apply. whether administratively or judicially. i agree to be bound by the Consent Order. and ask that the Board. adopt this Consent Agreement. . i understand and agree that the attomey for the Department. the Director of 0PMC and the Chair of the Board each retain complete discretion elther to enter Into the preposed agreement and Consent Order. based upon my application. or to decline to do so. I further understand and agree that no prior or separate written or oral communication can limit that discretion. Maw r, SARNOV, M5. RESPONDENT 9 The underelgned agree to Respondent's attached Consent Agreement and to ils? proposed penalty, terms and conditions. IDATE: . ANDR Attorney for Respo?dent . . IAN H. SILVERMAN. ESQ. I Aesoclata Counsel Bureau of Professlonal Medical Conduct if I w. SERVIS Director Office of Professional Medical Conduct DATE: EXHIBIT NEW YORK STATE DEPARTMENT OF HEALTH STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT IN THE MATTER STATEMENT OF UP CHA MARK sannov. mo. ?355 MARK SARNOV. M.D., the Respondent. was authorized to practice medicine In New York State on or about August 11. 1997 by the Issuance of license number207321 by the New York State Education Department. FACTUAL ALLEGATIONS A. Respondent provided medical.care to PatientA (patients are Identi?ed only in the attached Appendix a 32-year-old female at various times from January 30, 2012 through September 15. 2917 at Hilton Health Care. located at 279 East Ave, Hilton. NY 1 14469. Respondent treated PatientA fora variety of conditions. Respondent?s care - . and treatment of PatientA failed to meet accepted standards. in that: I 1. Respondent. between approximately 2014 and September 15. 2017. engaged in an inappropriate personal physical relationship with Patient A. whlle he was II also treating her. QF CHARGES NEGLIGENCE ON MQRE THAN ONE OCCASION Respondent is charged with committing professional misconduct as de?ned in MY. Edua. Law 6530(3) by practicing the profession of medicine with negligence on more than one occasion as alleged in the facts of: 1. Paragraph A.1. 0. 2013 Albany. New York CHAEL A . HISER Deputy Counsel Bureau of Professional Medical Conduct. 2) II 3) 4) 5) 5) EXHIBIT Terms of Probation Respondent's conduct shall conform to moral and professional standards of conduct and governing law. Any act of professional misconduct by Respondent as defined by N.Y. Educ. Law 6530 or 6531 shall constitute a violation of probation and may subject Respondent to an action pursuant to NY. Pup. Health Law 23009). Respondent shall cooperate fully with. and respond In a timely manner to. OFMC requests to provide Written periodic veri?cation of Respondent?s compliance with the terms of this Consent Order. Upon the Director of 0PMC's request. Respondent shall meet In person with the Director?s designee. Respondent's failure to pay any monetary penalty by the prescribed date shall subject Respondent to all provisions of law relating to debt collection by' New York State. including but not limited to: the imposition of interest. late payment charges and collection fees: referral to the New York State Department of Taxation and Finance for collection; and non-renewal of permits or licensee [fax Law.? 171(27): State Finance Law? 18; CPLR 5001: Executive Law.? 32]. The probation period shall tell when Respondent is not engaged in active medical practice In New York State for a period of 30 consecutive days or more. Respondent shall notify'the Director of OPMC. in Writing. if Respondent Is not currently engaged in. or intends to leave. active medical practice In New York State for a consecutive 30 day period. Respondent shall then notify the Director again at least 14 days before returning to active practice. Upon Respondent's relum to active practice In New York State. the probation period shall resume and Respondent shall fulfill any unfulfilled probation terms and such additional requirements as the Director may impose as reasonably relate to the matters set forth In Exhibit or as are necessary to protect the public health. The Director of OPMO may reviewRespondent?s professional performance. This review may include but shall not be limited lo: a review of office records. patient records. hospital charts. andlor electronic records; and interviews with or periodic visits with Respondent and staff at practice locations or OPMG of?ces. Respondent shall adhere to federal and state guidelines and professional standards of care with respect to Infection control practices. Respondent shall ensure education. training and oversight of all office personnel involved In medical care. with respect to these practices. 3) Respondent shall maintain complete and legible medical records that accurately re?ect the evaluation and treatment of patients and contain all information required .by State rules and regulations concerning controlled substances. Respondent shall enroii In and successfully complete a continuing education program as directed by the Office of Professional Medical Conduct. This continuing education program is subject to the Director of OPMC's prior written approval. This program shall be successfully completed within the first 90 days of the probation period unless Respondent obtains, In writing. the Director's prior authorization to exceed that 90 day period. The Director. for good cause shown by Respondent prior to the expiration of such 90 day period. shall have'full discretion to deny or grant such extension. Respondent shall comply with this Consent Order and all Its terms, and shall bear all associated compliance? costs. Upon receiving. evidence of noncompliance with, or a violation of, these terms, the Director of OPMC andlor the Board may initiate a violation of probation proceeding, andfor any other such proceeding authorized by law. against Respondent. Within thirty days of the Consent Order's effective date. Respondent shall practice medicine only when monitored by a licensed physician, board certified in an appropriate specialty, ("practice monitor") proposed by Respondent and subject to the written approval of the Director of OPlviC. Any medical practice in violation of this term shall constitute the unauthorized practice of medicine. a) Respondent shall make available to the monitor any and all records or access to the practice requested by the monitor. including on-site observation. The practice monitor shall visit Respondent's medical practice at each and every location. on a random Unannounced basis at least ?rnonthiy and shall examine a selection (no fewer than 20) o?records maintained by Respondent. including patient records, prescribing information and office records. The review will whether the Respondent's medical practice is conducted in accordance with the generally accepted standards of professional medical care. Any perceived deviation of accepted standards of medical care or refusal to cooperate with the monitor shall be reported within 24 hours to OPMC. b) Respondent shall be solely responsible for all expenses associated with monitoring. including fees. if any. to the monitoring physician. - c) Respondent shall cause the practice monitor to report quarterly. In writingI to the Director of OPMG. d) Respondent shall maintain medical malpractice'insurance coverage with limits no less than $2 million per occurrence and $6 million per policy year. in accordance with Section 230(18)(b) of the Public Health Law. Proof of coverage shall be submitted to the Director of prior to Respondent's practice after the effective date of this Order.