Medical License Revoked For Fraudulent Conduct
Medical License Revoked For Fraudulent Conduct
Upon remand by the New York Supreme Court Appellate Division for redetermination of the penalty, the Administrative Review Board for Professional Medical Conduct (ARB) again unanimously voted to revoke doctor Joseph Kleinplatz's license.
The ARB, upon recommendations of the Committee from the Board of Professional Medical Conduct (BPMC), again found the respondent unfit to hold a medical license. The BPMC sustained charges that the respondent failed to make records available by refusing to sign a release authorizing the Office for Professional Medical Conduct (OPMC) to obtain copies of respondent’s medical records.
The committee also found that the respondent made misrepresentations on a licensure application. While the respondent indicated that no facility had ever terminated his employment, in fact, facilities in Illinois and Maine had terminated his employment. On that same application the committee found that the respondent denied any pending professional misconduct when Illinois had actually filed misconduct charges against him.
The respondent further made deliberate misrepresentations about holding an Illinois medical license. The Committee found the respondent’s misrepresentations on these applications constituted filing false reports and engaging in conduct that evidenced moral unfitness. As a penalty for the sustained charges the Committee’s majority voted to revoke the respondent’s license.
Both parties requested administrative review before the ARB and while some of the charges the committee sustained were dismissed, the ARB nevertheless affirmed the committee’s determination. The ARB found that the respondent had committed fraud, engaged in conduct that evidenced moral unfitness and willfully filed false reports.
Therefore, even considering the Appellate Court’s remand for reconsideration on the penalty, the ARB voted unanimously to revoke the respondent’s license.
The New York Supreme Court Appellate Division confirmed the ARB determination to revoke the respondent’s medical license holding: “[E]ach case must be judged on its own peculiar facts and circumstances.” Therefore, we are not “persuaded that the penalty to revoke the medical license shocks one’s sense of fairness,” in this case. See: Matter of Kleinplatz v. Novello, 46 A.D.3d 1134 (N.Y. App. Div. 3d Dep't 2007).
Related legal case
Matter of Kleinplatz v. Novello
| Year | 2007 |
|---|---|
| Cite | 46 A.D.3d 1134 (N.Y. App. Div. 3d Dep't 2007) |
| Level | State Court of Appeals |