NEWYORK Department of Health ANDREW M. CUOMO HOWARD A. ZUCKER, MD, JD. SALLY DRESLIN, M.S., R.N. Governor Commissioner Executive Deputy Commissioner September 18. 2018 CERTIFIED MAIL-RE TURN RECEIPT REQUESTED Lyndon S. Gritters, MD. 785 Fairmont Avenue, WE Jamestown, New York 14701 RE: License No. 203058 Dear Dr. Gritters: Enclosed is a copy of the New York State Board for Professional Medical Conduct (BPMC) Order No. 18-204. This Order and any penalty provided therein goes into effect September 25, 2018. If the penalty imposed by the Order is a ?ne, please write the check payable to the New York State Department of Health. Noting the BPMC Order number on your remittance will assist in proper crediting. Payments should be directed to the following address: Bureau of Accounts Management New York State Department of Health Corning Tower, Room 2784 Empire State Plaza Albany, New York 12237 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: Peter J. Millock, Esq. Nixon Peabody, LLP. 677 Broadway, 10th Fl. Albany. New York 12207?2996 Empire State Plaza, Corning Tower, Albany. NY 12237 health.ny.gov NEW YORK STATE DEPARTMENT OF HEALTH STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT IN THE MATTER OF LYNDON GRITTERS. MD. BPMC No. 18-204 CONSENT ORDER Upon the application of (Respondent) LYNDON CRITTERS. MB. 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 adopted and it is further ORDERED. that this Consent Order shalt be effective upon issuance by the Board. either by mailing of a copy at 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. 0R upon facsimile transmission to Respondent or Respondent?s attorney. whichever is ?rst. SO ORDERED. DATE: Chair ARTHUR S. HENGERER. MD. State Board for Professional Medical Conduct 1 NEW YORK STATE DEPARTMENT OF HEALTH STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT IN THE MATTER OF CONSENT AGREEMENT LYNDON MD. LYNDON GRITFERS. M.D.. represents that all of the following statements are true: That on or about May 22. 1996. was licensed to practice as a physician in the State of New York. and issued License No. 203058 by the New York State Education Department. My current address is Jamestown Radiologists, PC, 786 Falrmont Avenue. WE. Jamestown. New York 14701, and I will 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 (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 agree not to contest. in full satisfaction of the charges against me, and agree to the following penalty: 2 Pursuant to N.Y. Pub. Health Law 230-30). I shall be subject to a Censure and Reprimand. Pursuant to N.Y. Pub. Health Law 230-30) and (9). tshall be subject to a fine in the amount of $2.000, to be paid in full within 30 days of the effective date of this Order. Payments must be submitted to: Bureau of Accounts Management New York State Department of Health Corning Tower. Room 2734 Empire State Plaza Albany, New York 12237 in making such payment. Respondent shall indicate the order number of this Order both on the payment check submitted and on the cover letter accompanying payment Additlonally, Respondent shall simultaneously mail a photocopy of the check and cover letter to: Physician Monitoring Program Of?ce of Professional Medical Conduct Riverview Center 150 Broadway. Suite 355 Albany. New York 12204-2719. 3 Pursuant to NY. Pub. Health Law I shall be placed on probation for a period of ?ve years. subject to the terms set forth in attached Exhibit 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 NY. Pub. Health Law 230-a; and That Respondent shall remain In continuous compliance with all requirements of MY. 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 lees. Respondent shall not exercise the option provided in MY. 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 MY. Pub. Health Law 2995-a(4) and 10 1000.5. including but not limited to the requirements that a licensee shall: report to 4 the department all information required by the Department to develop a public physician pro?le for the licensee: continue to notify the department of any change in pro?le lnfon'natlon 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 profile Information within six months prior to the expiration date of the licensee's registration period. Licensee shall submit changes to his or her physician profile 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 remains a licensee in New York State. Respondent's failure to comply with this condition. it proven and found at a hearing pursuant to N.Y. Pub. Health Law 230, shall constitute professional misconduct as de?ned In N.Y. Educ. Law 6530(21) and MY. Educ. Law 6530(29). Potential penalties for failure to comply with this condition may include all penalties for professional 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 and/or lines of up to 510.000 per speci?cation of misconduct found; and 5 That Respondent shall provide the Director, Of?ce of Professional Medical Conduct (OPMC). Rivervlew Center. 150 Broadway, Suite 355. Albany. New York 12204.2?19. with the following information. in writing. and ensure that this infonnatton 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. arrestsI charges. convictions or disciplinary actions by any local. state or 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 Office of Professional Medical Conduct. Physician Monitoring Program. that OPMC has 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 (OPMO) 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. 6 as directed. Respondent shall respond and provide all documents and information within Reapondenl?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. if i am charged with professional misconduct in future. this Consent Agreement and Order shall be admitted into evidence in that proceeding. i 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 N.Y. Pub. Health Law. I agree that. if the Board adopts this Consent Agreement. the Chair of the Board shati 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 first class mail to me at the address In this Consent Agreement. or to my attorney by certified mail. OR upon facsimile transmission to me or my attorney. whichever is first. 7 The Consent Order. this agreement. and all attached Exhibits shall be public documents. with only patient identities. ii 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. PubsHealth 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 tree 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 aslt that the Board adopt this Consent Agreement. i understand and agree that the attorney for the Department. the Director of OPMC and the Chair of the Board each retain complete discretion either to enter into the proposed agreement and Consent Order. based open 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. DATE 7? I?ll IE _G?i1"?sRs. RESPONDENT 9 The undersigned agree to Respondent's a?ached Consent Agreement and to [15 proposed penalty. terms and conditions. DATE: A33 . i1, 20! 6 PETER J. CK. ESQ. Altomey for ?espoadeot DATE: (E790 I DATE: 21'? 2d IAN H. SILVERMAN Associate Counsei Bureau of Professional Medical Conduct W. SERVI 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 CHARGES LYNDON GRITTERS. NLD. LYNDON CRITTERS. M.D.. the Respondent, was authorized to practice medicine in New York State on or about May 22. 1996 by the issuance of license number 203058 I by the New York State Education Department. FACTUAL ALLEGATIONS A. Respondent. on or about the morning of November 27. 2017. while employed as a physician at the University of Pittsburgh Medical Center Chautauqua (hereinafter in Chautauqua. New York provided medical care related to the specialty of radiology to Patient A (patients are identi?ed in the attached appendix), and Patient B. Respondent failed to accord with minimum standards of care. in that: 1. Respondent. during his care and treatment of Patient A. placed a Peripherally Inserted Central Catheter (hereinafter line in Patient A. while impaired by alcohol. 2. Respondent. during his care and treatment of Patient B. issued standing orders for blood work. including an Activated Partial Thromboplastin Time APTT. while impaired by alcohol. ll SPECIFICATION OF CHARGES FIRST SPECIFICATION PRACTICING WHILE IMPAIRED Respondent is charged with committing professional misconduct as de?ned in NY. Educ. Law 5 6530(7) by practicing the profession while impaired by alcohol. drugs, physical disability. or mental disability as alleged in the facts of the following: 1. Paragraph A and A1 and/or A and A2. DATE:August 20, 2018 Albany, New York Michael A. Hiser Deputy Counsel Bureau of Professional Medical Conduct 1) 2) a) 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 N.Y. Educ. Law 6530 or 6531 shall constitute a violation of probation and may subject Respondent to an action pursuant to N.Y. Pub. Health Law 230(19). Respondent shall cooperate fully with. and respond in a timely manner to. 0PMC requests to provide written periodic verification of Respondent's compliance with the terms of this Consent Order. Upon the Director of request. Reapondent 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 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 office records. patient records. hospital charts. andfor electronic records: and Interviews with or periodic visits with Respondent and staff at practice locations or OPMC 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 of?ce personnel involved In medical care. with respect to these practices. 7) 5) 9) 10) 11) 12) 13) Respondent shall maintain complete and legible medical records that accurately re?ect the evaluation and treatment of patients and contain all information requrred by State rules and regulations concerning controlled substances. Respondent shall enroll 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 prior written approval. This program shall be successfully completed within the ?rst 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 and/or the Board may initiate a violation of probation proceeding. andlor any other such proceeding authorized by law. against Respondent. Respondent shall remain free from alcohol and all other mood altering substances other than those prescribed for Respondent '5 treatment by a licensed health care professional aware of Respondent '5 history of chemical dependency and/or mental illness. Respondent shall not self-prescribe any medications. Respondent shall remain active in self-help groups such as. but not limlted 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 days after the effective date of the Consent Order's. Respondent shall not be permitted to practice medicine except when monitored by quali?ed health care professional monitors: a Toxicology Monitor. a Practice Supervisor. and a Therapist. proposed by Respondent and approved. in writing. by the Director of 0PMC. Any medical practice in violation of this term shall constitute the unauthorized practice of medicine. Within 7 days of teaming 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 con?ict 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) bi d) Respondent shall ensure that the monitors are familiar with 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 0PMC. Respondent shall cause the monitors to submit required reports on a timely basis. Respondent shall submit to random. unannounced observed blood. breath. hair. andlor 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 8 hours of being contacted by a monitor. Monitors shall report to OPMC immediately if Respondent refuses or delays a test or if a test ls 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 ls compliant throughout the first 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 sobriety or lack of sobriety. These reports are to include iorensically valid results of all drug screens performed and an assessment of self-help group 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 by the Director of OPMC. and shall be in a position to regularly observe and assess Respondent?s medical practice. The Practice Supervisor shell oversee Respondent's compliance with the terms of practice imposed by the Order and Respondent's prescribing. administering. dispensing. 14) 15) wasting and disposal of controlled substances. Respondent shall cause the Practice Supervisor to report to OPMC immediately any suspected lrnpain'nent. 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 certiiylng Respondent's compliance or detailing Respondent's failure to comply with each term imposed. a) 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 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 oi the Director of OPMC. Respondent shall submit to evaluations by a board-certi?ed 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 ?les 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 trealrnent 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 defines 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 0PMC 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. 3) Respondent shall cause CPH to report to OPMC If ReSpondent refuses to comply with the contract. refuses to submlt to treatment or if Respondent's trnpalrment is not substantially allevlaled by treatment. b) Respondent shall cause CPH to report lmmedlately to OPMC tf Respondent is regarded at any time to be an imminent danger to the public.