T{ ie matter wa.e opened before the New Jersey State Board of. Mediczy2 Examiners ( the 'Board ") upon informat i on that Ivan T.
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1 Feb :10pm From T-175 P.002 F-048 FAVLA T. Dc ATTOR3 Y G RAL OF JERSEY Divisi n of Law 124 Ha sey Street P.O. Sox Newark New Jersey FILED February _ 10, 2011 NEW JERSEY STATE BOARD OF MEDICAL EXAMINERS Sys Carla M. Silva. noputy Attorney General T 1. (973) STATE OF NEW JERSEY DEPARTMES+TTOF LAW & PUBLIC SAFETY DIVISION OF CONSUMER AFFAIRS STATE BOARD OF MEDICAL EXAMINERS IN THEIMATTER OF THE SUSPENSION OR REV }CATION OF THE LICENSE OF Iivan T. Krohn, M.D. Lb.aense No. MA TO PR,FTICE MEDICINE AND SURGERY IN TH STATE OF NEW JERSEY Administrative Action CONSENT ORDER OF REVOCATION T{ ie matter wa.e opened before the New Jersey State Board of Mediczy2 Examiners ( the 'Board ") upon informat i on that Ivan T. Krohss M.D., ("Respondent ") aided and abetted Kevin J. Lick f eld'e, D.O., unlicensed practice of medicine in New Jersey by allowing Dr. Liclcfield to issue Respondent ' s prescription blanki to Dr. Lickfield' s patients. Respondent also allegedly autho9ized the billing of Dr. Lickfield ' a patients under Respo4dent ' s identification. Cn June 8, 2009, Respondent was issued a Letter of Advice by thl Board regarding his busineas relationship with Robert of 5 CERTIFIED TRUE COPY
2 Feb :11pm From T-175 P.003/013 F-048 Sorge,i PhD. Specifically, Respondent was alerted to 'the pitfa]ls of permitting the unlicensed practice of medicine when it CaL4 be camouflaged by the use of [ his] medical credentials." 9n February 9, 2010, Respondent ' s medical, practice asaoc4ate, Dr. Lickfield, was arrested by Pennsauken Police Department and charged with the unlicensed practice of medicine. Dr. L4 ckfield had voluntarily surrendered his New Jersey medical licen s e effective June 27, 2001 prior to his incarceration for crime relati ng to his illegal possession and distribution of Controlled Dangerous Substances, specifically Dxyccdone. Respondent testified before a committee of the Board on October 27, He admitted knowing in September of 2008 that Dr. L.ckfield did not have an active license due to his involvement with 0xycodone and that Dr. Lickfield was incarcerated for over four years in a federal prison. Respo ndent stated he believed Dr. Lickf leld was authorized to practice with a supervisor but acknowledged that he did not inqui e with the Board as to the status of Dr. Lickfield's li:en e until February 18, 2010, a week after his arrest. He confirmed that Dr. Lickfield treated patients in his presence since 2008, that he signed prescriptions for Dr. Lickfield's patients and that Dr. Lickfield's patients were billed under Respondent ' s identification. Respondent further stated that he authokized Dr. Lickfield to issue electronic prescriptions with I 2 of s
3 Feb :11pm From T-175 P F-048 Re spo ent'a signature to Dr. Lickfield'e patients, Respondent allowed Dr. Lickfield to issue prescription s under Respondent's name when Respondent was not present in the medical office. The Board finds that Respondent 's conduct constitutes grounds for disciplinary action pursuant to N.J.S.A. 45:1-21(b) (providing that disciplinary action may be taken against a licensee who engages in the use or employment of dishonesty, frauds deception or misrepresentation), 45:l-2l (e) (providing that disciplinary action may be taken against a licensee who engages in professional or occupational misconduct), 45:1-21(h) (providing that disciplinary action may be taken against a. licenree who violates the provisions of any act or regulation administered by the Board, specifically the aiding and abetting of th4 unlicensed practice of medicine in violation of N.J.A.C. 13: ), 45:9-6 (providing that a licensee of the Board of Medical Examiners has an on-going duty to demonstrate good moral character) and 45: (providing that disciplinary action may be ta en against a licensee who fails to report a practitioner who has demonstrated an impairment, gross incompetence or unprogessional conduct). despondent neither admits or denies that his conduct, as set Earth above, constituted violations of N.J. S.A. 45:1-21(h), (e), and (h), N.J.S.A. 45 ; 9-6 and N.J.S.A. 45:9-19.5, 3 of S
4 Feb :11pn From T-175 P. 05/013 F-048 Respondent desiring to resolve this matter without need for formal disciplinary proceedings, and the Board being satisfied that t he need for such proceedings is obviated by the entry of the within Order, that the within order adequately protects the publio health, safety and welfare and being further satisfied that good cause exists to support entry of the within Order, IT IS on this 10 day Q :E February, 2011 ORDERED and AGREED: 1. The license issued to Respondent, Ivan T. Krohn, M.D., to practice medicine and surgery in the state of New Jersey is hereby surrendered to be deemed a revocation. Respor ent's surrender shall be effective as of February 9, Respondent shall cease and desist from the practice of medicine and surgery in the State of New Jersey until Bauch further Order of the Board of Medical Examiners. 3. Responde:xxt shall return his original New Jersey license and current biennial registration to the New Jersey State ward of Medical Examiners, Post Office Box 183,.Trenton, New Jersey , upon his receipt of a filed copy of this Order, 4. Respondent shoall return his original CI3S registration to the New Jersey State Board of Medical Examiners, 4 of S
5 Feb :12pmFrom T-175 P.006/013 F-048 Post Offic e Box 183, Trenton, New Jersey, , upon recei pt of a filed copy of this Order. 5. Respondent shall immediately advise the Drug Enforcement Administration of this Order. 6. Respondent shall comply with the attached "Dirac$tivea Applicable to Any Medical Board Licensee Who Is Disciplined or Whose Surrender of Licensure Has Been Accepted," which' Directives are incorporated herein by reference. NEW JERSEY STATE BOARD OF MEDICAL EXAMINERS By: Paul T. Jordan, M.D. Board President I herby agree to be bound by ai. terms and conditions of this order. I consent to the ei4try of this Order by the Sfate Board of Medical Examiners. Ivan. Krohn, M.D. Datedr a. -W-- i! conee#ted to as to form, Richard Rapone, Esq. Counsel for Respondent Dated: 5 of 5
6 Feb : 14pm From T-175 P.012/013 F-048 R2 CIPLj Y =IONS a az,j I Pursuant to I. J.$,. 52:14B-3 ( 3), all orders of the New Jersey State Board of Medical Examinere are available for public inspec i.on. Should any inquiry be made concerning the status of a licensee, the inquirer will be informed of the existence of the order and a copy will be provided if requested. All evidentiary hearings, proceedings on motions or other applications which are conduced as public hearings and the record, including the transc ipt and documents marked in evidence, are available for publicinspection, upon request. Puraua.it to 45 CPR Subtitle A 60.8, the Board is obligated to report. to the National Practitioners Data Bank any action relatiig to a physician which is based on reasons relating to professional competence or professional conduct: (.) Which revokes or suspends ( or otherwise restricts) a license, (R) Which censures, reprimands or places on probation, ( 0) Under which a license is surrendered. Pursuant to 45 CPR Section 62.7, the Board is obligated to report to the Healthcare integrity and Protection (HIP) Data Bank, any formal! or official actions, such as revocation or suspension of a license ( and the length of any such suspension), reprimand, censur or probation or any other loss of license or the right to apply for, or renew, a license of the provider, supplier, or practi ioner, whether by operation of law, voluntary surrender, non-re.swabil ity, or otherwise, or any other negative action or finding by such Federal or State agency that is publicly available information. Pursuat t to N.J J. 45; , if the Board refuses to issue, eusperes, revokes or otherwise places conditions on a license or permit it is obligated to notify each licensed health care facili y and health maintenance organization with which a licensee is affiliated and every other board licensee in this state with whom he or she is directly associated in private medioa j practice. in ac Iordance with a n agreement with the Federation of State Medics. Boards of the United Staten, a list of all disciplinary orders are provided to that organization on a monthly basis. 6
7 Feb :15pm From T-175 F.013i013 F-048 Within! the month following entry of an order, a summary of the order 'dill appear on the public agenda for the next monthly Board meetin and is forwarded to those members of the public requee ing a copy. In addition, the same summary will appear in the minutes of that Board meeting, which are also made available to those requesting a copy. Within ; the month following entry of an order, a summary of the order v±ll appear in a Monthly Discipl inary Action Listing which is made avai l able to those members of the public requesting a Copy. On a ieriodic basis the Board disseminates to its licensees a ncwsle ter which includes a brief description of all of the ordersentered by the Board. From 4me to time, the Press Office of the Division of Consumer Affairo may issue releases including the eummariee of the contet of public orders. Nothing herein is inten ded in any way to limit the Board, the Divisig5n or the Attorney General from disclosing any public documemt. 7
8 Feb : 12pm From T-175 P.007/013 F-048 DIRECTIVES APPLICABLE TO A2 T MEDICAL BOARD LICENSEE MHO 18 DISCIPLINED OR WHOSESURR$RDER OF LICENSURK HAS 38 21f ACCEPTED APPROVED BY TEE BOARD ON MAY 10, 2000 All licensees who are the subject of a disciplinary order of the Board are required to provide the information required on the addendum to these directives. The information provided will be maintained separately and will not be part of the public document filed.with the Board. Failure to provide the information required may result in further disciplinary action for failing to cooparp.te with the Board, as required by N LA.C. 13z45C-1 e deg: P ragrapha I through 4 below shall apply when a license is suspen4ed or revoked or permanently surrendered, with or without prejudice. Paragraph 5 applies to licensees who are the subject of an order which, while permitting continued practice, contains a probation or monitoring requirement, 1. Document Return and Agency Notification The licensee shall promptly forward to the Board office at post Office; Sox 183, 140 Sant Front Street, 2nd floor, Trenton, Now Jersey , the original license, current biennial registration and, if applicable, the original CDS registration, in addition, if the licensee holds a Drug Enforcement Agency (DEA) registration, he or she shall promptly advise the DEA of the licensure action. (With respect to suspensions of a finite term, at the conclusion of the term, the licensee may contact the Board office for the return of the documents previously surrendered to the Board. In addition, at the conclusion of the term, the licensee should contact the DEA to advise of the resumption of practice and to ascertain the impact of that change upon his/her DEA registration.) 2. Practice Cessation The liccensee shall cease and desist from engaging in the practice of me4icine in this State. This prohibition not only bars a licensee from rendering professional services, but also from providing an opinion as to professional practice or its appliction, or representing him/herself as being eligible to practice. (Although the licensee need not affirmatively advise patients or others of the revocation, suspension or surrender, the licensee must truthfully disclose his/her licensuee status in 1
9 Feb :12pm From T-175 P.008/013 F-048 respon e to inquiry.) The disciplined licensee is also prohibited from occupying, sharing or using office space in which anothe licensee provides health care services. The disciplined licensee may contract for, accept payment from another licensee for or rent at fair market value office premises and/or equipment. In no case may the disciplined licensee authorize, allow pr condone the use of his / her provider number by any health care practice or any other licensee or health care provider. (In aituat ons where the licensee has been suspended for less than one year, the licensee may accept payment from another profes3 j cnal who is using his/her office during the period that the licensee is suspended, for the payment of salaries for office staff employed at the time of the Board action.) A licensee whose license has been revoked, suspended for one (1) year 6r more or permanently surrendered must remove signs and take i'f irmative action to stop advertisements by which his/her eligibility to practi ce is represented. The licensee must also take Oteps to remove his/her name from professional listings, telep1one directories, professional stationery, or billings, If the l,censee ' s name is utilized in a group practice title, it shall!be deleted. Prescription pads bearing the licensee's name shall!be destroyed. A destruction report form obtained from the Office of Drug Control ( ) must be filed, if no other licensee is providing services at the location, all medications must ;tpe removed and returned to the manufacturer, if possible, destroyed or safeguarded. (In situations where a license has been suspended for less than one year, prescription pads and medications need not be destroyed but must be secured in a locked place!for safekeeping.) 3. practice Income Prohibitions/Divestiture of Equity Interest i{n Professional service Corporations and Limited Liability Companies A liconaee shall not charge, receive or share in any fee for professional services rendered by him / herself or oth ers while barred from engaging in the professional practice. The licensee may b4 compensated for the reasonable value of services lawfully rendered And disbursements incurred on a patient's behalf prior to thq effective date of the Hoard action. A licensee who is a shareholder in a professional service corpouation organized to engage i n the professional practice, whose license is revoked, surrendered or suspended for a term of one (1 ) year or more shall be deemed to be disqualified from the 2
10 Fab : 13pm From T-175 P.009/013 F-048 practice within the meaning of the Professional Service Corporation Act. (& J JA, A, 14A:17-11). A disqualified licensee shall 'divest him/herself of all financial interest in the professional service corporation pursuant to N..S _A.14A:17-13(c). A licensee who is a-member of a limited liability company organied pursuant to N s.a. 42:1-44, shall divest him/herself of ally financial interest. Such divestiture shall occur within 90 days following the the entry of the order rendering the licensee disqualified to participate in the applicable form of ownership. Upon divestiture, a licensee shall forward to the Board a copy of documentation forwarded to the Secretary of State,' Commercial Reporting Division, demonstrating that the interest has been terminated. If the licensee is the sole shareholder in a professional service corporation, the corporation must be dissolved within 90 days of the li censee's disqusllification. 4, medical Records If, ao a result of the Board's action, a practice is closed or transf,'erred to another location, the licensee shall ensure that during, the three (3) month period follow:i.ng the effective date of the disciplinary order, a message will be delivered to patients cellthg the former office premises, advising where records may be obtained. The message should inform patients of the names and telephone numbers of the licensee (or his/her attorney) assuming custody of the records, The same information shall also be dissettinated by means of a notice to be published at least once per month for three (3) months in a newspaper of general circulation in the geographic vicinity in which the practice was conducted. At the end of the three month period, the licensee shalt file with the Board the name and telephone number of the contact person who will have access to medical records of former patients. Any change in that individual or his/her telephone number shall be promptly reported to the Board, when a patient or record hi'/her or asks representative that record requests he forwarded a copy to of another his/her health medical care provider, the licensee shall promptly provide the record without oharget to the patient. 5. Orobation/Monitoring Conditions With respect to any licensee who is the subject of any order imposing a probation or monitoring requirement or a stay of an active suspens ion, in whole or in part, which is conditioned upon compliance with a probation or monitoring requirement, the licensee shall fully cooperate with the Beard and its designated reprs entatives, including the enforcement Bureau of the Division of Cotaumer Affairs, in ongoing monitoring of the licensee's status; and practice. Such monitoring shall be at the expense of the disciplined practitioner,
11 Feb :13pm From T-175 P_010/013 F-048 fit) Monitoring of practice conditions may include, but is not limited to, inspection of the professional premises and equipmont, and Inspection and copying of patient records (eonfi Zentiality of patient identity shall be protected by the Board);, to verify compliance with the Board order and accepted standards of practice. (0) Monitoring of status conditions for an impaired prscti ioner may include, but is not limited to, practitioner cooper tion in providing releases permitting unrestricted access to records and other information to the extant permitted by law from aiy treatment facility, other treating practitioner, support group for other individual/facility involved in the education, treatmeent, monitoring or oversight of the practitioner,. or mainta.ned by a rehabilitation program for impaired practi.ioners. If bodily cub tance monitoring has been ordered, the practitioner shall fully cooperate by responding to a demand for b:oeath, blood, urine or other sample in a timely manner and providing the designated sample. 4
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