3.5330109? 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-RE TURN RECEIPT REQUESTED Cleoiatra Laicer D.O. Dear Dr. Laicer: Re: License No. 271067 Enclosed is a copy of the New York State Board for Professional Medical Conduct (BPMC) Order No. 18-087. 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. Sincerel . Robert A. Catalano. MD. Executive Secretary Board for Professional Medical Conduct Enclosure cc: Andrew Knoll. MD. JD. CCB Law 507 Plum Street. Suite 310 Syracuse, New York 13204 Empire State Plaza. Corning Tower. Albany. NY 12237 health.ny.gov NEW YORK STATE DEPARTMENT OF HEALTH STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT BPMC No. 18-087 IN THE MATTER OF CONSENT CLEOPATRA LAICER, 0.0. ORDER Upon the application of (Respondent) CLEOPATRA LAICER, 0.0. in the attached Consent Agreement and Order, which is made a part of this Consent Order. it is ORDERED, that the Consent Agreement. and its terms. are adapted 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 Respondent's attorney. OR upon facsimile transmission to Respondent or Respondent's attorney, whichever is ?rst. SO ORDERED. DATE: 4/13/2018 ARTHUR S. HENGERER. MD. Chair State Board [or Professional Medical Conduct 1 NEW YORK STATE DEPARTMENT OF HEALTH STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT IN THE MATTER OF CONSENT AGREEMENT CLEOPATRA LAICER, D.O. CLEOPATRA LAICER, 0.0.. represents that all of the following statements are true: That on or about June 26, 2013, was licensed to practice as a'physician in the State of New York. and issued License No. 271067 by the New York State Education Department. advise the Director of the Of?ce of Professional Medical Conduct of any change of address. I understand that the New York State Board for Professional Medical Conduct I (Board) has charged me with one or more speci?cations of professional misconduct, as set forth in a Statement of Charges, marked as Exhibit attached to and part of this Consent Agreement. I shall agree not to contest the allegations, in full satisfaction of the charges against me, and agree to the following penalty: Pursuant to NY. Pub. Health Law I shall be subject to a Censure and Reprimand. 2 Pursuant to N.Y. Pub. Health Law I shall be placed on probation for a period of ?ve (5) years, retroactive to March 13, 2017, subject to the terms set forth in attached Exhibit I further agree that the Consent Order shall impose the following conditions: That Respondent shall comply with each and every penalty imposed by this Order pursuant to N.Y. Pub. Health Law 230-a. 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 continue 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 in N.Y. Educ. Law 6502(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 in New York State; and That Respondent shall remain in continuous compliance with all requirements of N.Y. Pub. Health Law 2995-a(4) 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 develop a 3 public physician profile for the licensee; continue to notify the department of any change in pro?le 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 physician pro?le information either electronically using the department's secure web site or on forms prescribed by the department, and licensee shall attest to the truthfulness, completeness and correctness of any changes licensee submits to the department. This condition shall take effect 30 days after the Order's effective date and shall continue so long as Respondent I remains a licensee in New York State. Respondent's failure to comply with this condition, if proven and found at a hearing pursuant to NY. Pub. Health Law 230, shall constitute professional misconduct as de?ned in NY. Educ. Law 6530(21) and NY. Educ. Law 6530(29). Potential penalties for failure to comply with this condition may include all penalties for professional misconduct set forth in NY. Pub. Health Law 230-a, including but not limited to: revocation or suspension of license, Censure and Reprirnand. probation, public service and/or ?nes of up to $10,000 per specification of misconduct found; and 4 That Respondent shall provide the Director, Of?ce of Professional Medical Conduct (OPMC), Riverview Center. 150 Broadway, Suite 355, Albany. New York 12204-2719, 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 federal agency, institution or facility. Respondent shall notify OPMC, 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 notification from, the Of?ce of Professional Medical Conduct, Physician Monitoring Program, that OPMC has determined that Respondent has fully complied with and satis?ed the requirements of the Order, regardless of tolling; 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 by the Director of OPMC, 5 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 issuance of the Consent Order and will continue so long as Respondent remains licensed in New York State. I stipulate that my failure to comply with any conditions of this Consent Order shall constitute misconduct as de?ned by NY. Educ. Law 6530(29). I agree that. ifl 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 of alleged misconduct; this Consent Agreement shall not be used against me in any way and shall be kept in strict con?dence; and the Board's denial shall be without prejudice to the pending disciplinary proceeding and the Board's ?nal determination pursuant to the NY. 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 its 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 ?rst class mail to me at the address in this Consent 6 Agreement, or to my attorney by certified mail, OR upon facsimile transmission to me or my attorney. whichever is first. The Consent Order. this agreement, and all attached Exhibits shall be public documents, with only patient identities or other confidential information, if any, redacted. As public documents, they may be posted on the Department's website. 0PMC 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 0PMC shall deem appropriate. I stipulate that the proposed sanction and Consent Order are authorized by NY. Pub. Health Law 230 and 230-3, and that the Board and 0PMC have the requisite powers to carry out all included terms. I ask the Board to adopt this Consent Agreement of my own free will and not under duress, compulsion or restraint. In consideration of the 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, 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 I ask that the Board adopt this Consent Agreement. I understand and agree that the attorney for the Department, the Director of 0PMC and the Chair of the Board each retain complete discretion either 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. 7 DATE 5? CLEOPATFA LAICER . . 0 . RESPONDENT DATE: 7 4?3 DATE: AM fl llili? 8 The undersigned agree to Respondent's attached Consent Agreement and lo its proposed penalty. terms and conditions. ANDREW M. KNOLL. ESQ. Attorney for Respondent A S. NASH Senior Attorney Bureau of Professional Medical Conduct KEITH W. SERVIS Director Of?ce of Professional Medical Conduct EXHIBIT NEW YORK STATE DEPARTMENT OF HEALTH STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT IN THE MATTER STATEMENT OF . 0" CHARGES CLEOPATRA LAICER, D.0. CLEOPATRA LAICER, 0.0.. the Respondent, was authorized to practice medicine in New York State on or about June 26. 2013, by the issuance of license number 271067 by the New York State Education Department. FACTUAL ALLEGATIONS A. On June 2. 2017, in the Victor Town Court, Ontario County, Respondent was convicted of Driving While Intoxicated [Vehicle and Traf?c Law a Class misdemeanor. and was fined Five Hundred Dollars ($500.00) and assessed a surcharge of Four Hundred Dollars OF FIRST SPECIFICATION CRIMINAL CONVICTION (N.Y.S.I Respondent is charged with committing professional misconduct as de?ned in NY. Educ. Law 6530(9)(a)(i) by having been convicted of committing an act constituting a crime under New York state law as alleged in the facts of the following: 1. The facts in Paragraph A. I. 2018 Albany, New York MICHAEL A. HISER Deputy Counsel Bureau of Professional Medical Conduct 1) 2) 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 de?ned by NY. Educ. Law 6530 or 6531 shall constitute a violation of probation and may subject Respondent to an action pursuant to NY. Pub. Health Law 230(19). Respondent shall cooperate fully with, and respond in a timely manner to, OPMC requests to provide written periodic veri?cation of Respondent's compliance with the terms of this Consent Order. Upon the Director of OPMC'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 licenses [Tax Law 171(27); State Finance Law 18: CPLR 5001; Executive Law 32]. The probation period shall toll 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 return to active practice in New York State, the probation period shall resume and Respondent shall fulfill any unful?lled 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 OPMC may review Respondent's professional performance. This review may include but shall not be limited to: a review of of?ce records, patient records, hospital charts, and/or electronic records; and interviews with or periodic visits with Respondent and staff at practice locations or OPMC offices. 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. i 7) 3) 9) 10) 11) Respondent shall maintain complete and legible medical records that accurately reflect the evaluation and treatment of patients and contain all information required by State rules and regulations concerning controlled substances. Respondent shall remain free from alcohol and all other mood-altering substances other than those prescribed for Respondent?s treatment by a licensed health care professional aware of Respondent?s history of chemical dependency andlor mental illness. Respondent shall not self-prescribe any medications. Respondent shall remain active in self?help groups such as, but not limited to, Narcotics Anonymous, Alcoholics Anonymous and Caduceus. Respondent shall notify all treating physicians of Respondent's history of substance abuse. Respondent shall advise OPMC of any controlled or mood-altering substance given or prescribed by treating health care professionals. Beginning 30 clays after the effective date of the Consent Order?s. Respondent shall not be permitted to practice medicine except when monitored by qualified health care professional monitors: a Toxicology Monitor, a Practice Supervisor, and a Therapist. proposed by Respondent and approved, in writing, by the Director of OPMC. Any medical practice in violation of this term shall constitute the unauthorized practice of medicine, Within 7 days of learning an approved monitor is no longer willing or able to serve, Respondent shall submit the name of a proposed successor to the Director of OPMC. Monitors shall not be family members or personal friends or be in professional relationships that would pose a conflict with monitoring responsibilities. . All monitors shall execute acknowledgment forms provided by OPMC certifying familiarity with Respondent's history of substance abuse, with this Order and its terms, and acknowledging a willingness to comply with the monitor's reporting responsibilities regarding Respondent's compliance with the terms of this Order. a) Respondent shall ensure that the monitors are familiarwith Respondent's history of substance abuse and with the terms of this Order. Respondent shall cause the monitors to report any deviation from compliance with the terms of this Order to OPMC. Respondent shall cause the monitors to submit required reports on a timely basis. b) Respondent shall submit to random, unannounced observed blood, breath, hair. and/or urine screens for the presence of drugs and alcohol (hereafter ?drug screen"), when requested by a monitor. The monitoring shall be on a random, unannounced, directly-observed, 7-day-a-week, 24-hour-a-day basis. Respondent shall report for a drug screen within 4 d) hours of being contacted by a monitor. Monitors shall report to OPMC immediately if Respondent refuses or delays a test or if a test is positive for alcohol. or any other unauthorized drug or substance. Respondent shall avoid all substances that may cause positive urine drug screens. such as poppy seeds. mouthwash or cough medicine. Any positive test result shall constitute a violation of the terms of this Order. Respondent shall meet regularly with a Toxicology Monitor. During the ?rst 12 months of monitoring, Respondent shall cause the Toxicology Monitor to obtain drug screens at a frequency of no less than 6 times per month. If Respondent is compliant throughout the ?rst 12-month period, subsequent drug screens shall be obtained at a frequency to be proposed by the Toxicology Monitor and approved by OPMC. Respondent shall cause the Toxicology Monitor to submit quarterly reports to OPMC certifying Respondent's Toxicology or lack of Toxicology. These reports are to include forensically valid results of all drug screens performed and an assessment of self-help group ANNAICaduceus) attendance and 12-step progress. Respondent shall practice only when supervised in medical practice by a licensed physician (hereafter "Practice Supervisor"). The Practice Supervisor shall be on-site at all locations, unless determined otherwise by the Director of OPMC, and shall be in a position to regularly observe and assess Respondent?s medical practice. The Practice Supervisor shall oversee Respondent's compliance with the terms of practice imposed by the Order and Respondent's prescribing, administering, dispensing, inventorying, wasting and disposal of controlled substances. Respondent shall cause the Practice Supervisor to report to OPMC immediately any su5pected impairment, inappropriate behavior, questionable medical practice, possible misconduct, or violation by Respondent of any of the terms of this Order. Respondent shall cause the Practice Supervisor to submit quarterly reports to OPMC regarding the quality of Respondent's medical practice and prescribing practices, any unexplained absences from work, and certifying Respondent's compliance or detailing Respondent's failure to comply with each term imposed. Respondent shall engage and continue in therapy with a treating health care professional (hereafter "Therapist"). Respondent shall cause the Therapist to submit a proposed treatment plan and quarterly reports to OPMC certifying whether Respondent is in compliance with the treatment plan. OPMC, at its discretion, may provide information or documentation from its investigative ?les concerning Respondent to Respondent's 12) 13) 14) Therapist. Respondent shall cause the Therapist to report to OPMC immediately if Respondent leaves treatment against medical advice or displays any of a suspected or actual relapse. Respondent shall cause the Therapist to notify OPMC, in writing, of any termination of treatment approved by the Therapist, no less than 30 days prior to such termination. At the direction of the Director of OPMC, Respondent shall submit to evaluations by a board-certified licensed mental health practitioner or other health care professional or program designated by the Director (hereafter "Evaluator.") Respondent shall provide the Evaluator with a copy of this Order and copies of all previous treatment records. OPMC, at its discretion, may provide information or documentation from its investigative files concerning Respondent to Respondent's Evaluator. The Evaluator shall report to the Director regarding Respondent's condition and ?tness or incapacity to practice medicine. Respondent shall comply with all treatment recommendations based upon the evaluation; failure to comply with such treatment recommendations shall constitute professional misconduct. Respondent shall enroll, or continue enrollment, in the Committee for Physician Health (CPH) and shall engage in a contract with CPH that de?nes the terms, conditions and duration of Respondent's recovery program. Respondent shall comply with the contract. Respondent shall give written authorization for CPH to provide the Director of OPMC with all information or documentation requested by OPMC to determine whether Respondent is in compliance with the contract and with this Order, including full access to all records maintained by CPH with respect to Respondent. a) Respondent shall cause CPH to report to OPMC if Respondent refuses to comply with the contract, refuses to submit to treatment or if Respondent's impairment is not substantially alleviated by treatment. b) Respondent shall cause CPH to report immediately to OPMC if Respondent is regarded at any time to be an imminent danger to the public. 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 and/or the Board may initiate a violation of probation proceeding, and/or any other such proceeding authorized by law, against Respondent.