20
the civil penalties
No later than thirty days
shall submit payment
thousand dollars ($90,000.00)totaling ninety
certified check or money order
Jersey'' and addressed to William Roeder, Executive Director, Board
of Medical Examiners, East Front Street, Box Trenton,
New Jersey 08625.
Marco B. Fernando is hereby assessed forty thousand, eight
dollars and twenty five cents ($40,008.25) as costs State
matter, which costs are detailed above.
event the civil penalty and timely
submitted to the Boardr the Board and the Attorney General may
Certificate Debt and institute collection and
proceedings are available under applicable law .
($20,000.00) for the fifth
NEW JERSEY BO OF MEDIOATZ EMAMINERS
Paul C. Mendelowitz, M.D.Board President
- 11-
EXHIBIT LIST
Attornev Generalf- s Exhibits - ServiceS-Dl Service/Delivery Request, dated September 17, 20097
Certification of Service by Soo Yoo Kim, Enforcement
Bureau Investigator, dated September 25, 20092Certification of Service by Oscar G . Amaya,Investigator III of the Enforcement Bureau, datedSeptember 22, 2009
SD-3
Letter from DAG Mendoza to respondent, dated October 7,
2009, containing notification of the hearingz for theMotion for Default and enclosing a copy of the Noticeof Motion; UPS Proofs of Delivery (3 total)
Facsimile letter from Richard West, Esq. to DAGMendoza, dated October l3, 20097 Federal Express Proofof Delivery and an acknowledgment of service, signedSeptember 24, 2009
Attorney General' s Exhibits c Case in Chief
Computer printout License 2K for Marco B . FernandozM.D.
Certification of William Roeder, Executive Director ofthe New Jersey Board of Medical Examiners, dated May30, 2007
E-mail from Nancy Zécca to Georgine Colepan regardingMarco Fernando reinstatement, dated October 13, 2009
Facsimile (including a portionbiennial renewal application), of Marco Fernando/s 2009dated October 9, 2009
S-4
Facsimile letter from Donna Spirt, Account Manager, USI
Insurance Services, to DAG Mendoza, dated October 12,2009
Chart prepared by the Enforcement BureauS-6AA
The October 7 letter hadrather than October 14. October
a typographic error of October4 predated the letter.
- 12-
S-6A
S-6B
Medical record of patient GR admitted on June 22, 2005to Liberty Hea1th, including July l4, 2005 Jersey CityMedical Center operative report
Medical record of patient CS admitted on June 24, 2005to Liberty Hea1th, Greenville Hospital, including aJune 28, 2005 surgical site identification form
Medical record of patient EG admitted on July 6,to Liberty Hea1th, Greenville Hospital, including aJuly 6, 2005 surgical site identification form
Medical record of patient WS admitted onto Liberty Health, Greenville Hospital
Medical record of patient RAto Liberty Hea1th, includingconsultation
admitted on Julya July 17, 2005
2005
Medical record of patient ZM admitted on July 16, 2005to Liberty Healthr Greenville Hospital, including aJuly 17, 2005 surgical site identification form
S-6C
S-6D
S-6E
S-6F
S-6G Medical record of patient FA admitted on July 28, 2005and August 7, 2005 to Liberty Hea1th, GreenvilleHospital, including a July 28, 2005 consent form
Medical record of patient AS admitted on August 4, 2005to Liberty Health, Jersey City Medical Center,including an August 8, 2005 surgical siteidentification form
Medical reçord of patient CH admitted on August 12,2005 to Liberty Hea1th, Jersey City Medical Center,including an August 12, 2005 surgical siteidentification form
S-6H
January 25, 2007 packet forwardingDisposition Report and attachmentsInvestigations Unit, NJM Insurance
the Finalfrom the SpecialGroup
Letter from Jersey City Medical Center and GreenvilleHospital to William Roeder, Executive Director, NewJersey State Board of Medical Examiners, datedSeptember 28, 2005
Letter from Liberty Health to the Enforcement Bureau,dated January 8, 2008
- 13-
DIRECTIVES APPLICABLE TO ANY MEDICAL BOARD LICENSEEW HO IS DISCIPLINED OR W HOSE SURRENDER OF LICENSURE
HAS BEEN ACCEPTED
APPROVED BY THE BOARD ON MAY 10, 2000
are required toprovide the information required on the addendum to these directives
. The informationprovided will be maintained separatelyandwill not be part of the public document filed withthe Board. Failure to provide the information required may result in further discipli
naryaction for failing to cooperate with the Board, as reyuired by N.J.A.C. 13:45C-1 et seo.P
aragraphs 1 through 4 below shall apply e en a llcense is suspended or revoked orpermanentiy surrendered, with or without pfejudice. Paragraph sapplies to licensees e oare the subject of an order which, while permitting Xntinued practice, contains a probationor monitoring requirement.
are the subject of a disciplinary order of the BoardAlI licensees e o
1. Document Return and Agenly Notification
promptly forward to the Board office at Post Office Box 183, 140 EastF
ront Street, 2nd flooq Trenton, New Jersey 08625-0183, the original license, currentbiennial registration and
, if applioable, the original CDS fegistration. ln addition, if theji
censee holds a Drug Enforcemant Agency (DEA) registration, he or she shall promptlyadvise the DEA of the Iicensure action. (W 1th respect to suspensions of a finite term
, atthe çonclusion of the term, the Iicensee may contact the Board office for the returh of the
doculents previously surrendered to the Board. In addition, at the conclusion of the term,the Iicensee should contact the DFA to advise of the resumption of practice and to
ascertain the impact of that change upon his/her DEA registration.)
The licensee shall
2. Practice Cessation
engaging in the practice of medicine in this State.This prohibition not only bars a licensee from rendering professional services
, but alsofrom providing an opinion as to professional practice or its application
, or representinghim/herself as being eligible to practice. (Although the Iicensee need not affirmatiyely
advise patients or others of the revocation, suspension or surrendèr, the Iicensee must
truthfullydisclose his/her licepsure status in resjonse to inquiry.) The disciplined licenseeis also prohibited from occupying, sharing or uslng office space in which another licenseeprovides health care services. The disciplined licensee may contra-d For
, accept paymentfrom another Iicensee for or rent at fair market value office premises and/or equipment.In no case may the disciplined licensee authorize
, allow or condone the-use of his/herprovider number by any health care practice or any other Iicensee or health care pr
ovider.(ln situations wlnere the licensee has been suspended for Iess than one year
v the Iicqnseemay accept payment from another professional who is using his/her office during theperiod that the licensee is suspended, for the payment of salaries for office staff employedat the time of the Board action.)
desist fromThelicensee shallcease and
NOTICE OF BEPOBTING PRAGTICES OF BOARDREGABDING DISCIPLIMABY ACTIONS
Pursuant to N.J.S.A. 52:14B-3(3). aII orders of the New Jersey State Board of Medical Examiners areavailable for public inspr tion
. Should any inquiry be made conceming the sâtus of a licensee, the' inquirer will be informed of tha existanca of the order and a cop
y will be provlded if requasted. AlIevidentiary hearings, prx eedings on motions or other applications which are conducted as publichaarings and the rK ord
, including tha transcript and dx umenl marked in evidex e, are available forpublic inspK tion
, upon rm uest.
Pursuant to 45 CFR Subtitle A 60-8, the Board is obligated to report to the National Practiiioners DataBank any action felating to a physician which is based on reasons
relating to prvfessional com petenceor professional condtrt '
(1) Which revokes or suspends (or othe-ise restricl) a Iicense,(2) Which censures, reprimands or places on probation
,(3) Under which a Iicense i: surrendefed. .
Pursuant to 45 CFR Section 61.7, the Board is obligated to report to tlne Healthcare Integrity andProtK:on (HIP) Data Bank, any formal or official actions
, such as revx ation or suspension of allgensetand the length of any such suspension). rmrimand, censure or yrobation or any other loss ofIicense or th
e right to apply for. or renew. a Iicense of tha provider, suppller. or practitioner, whather by. m eration of Iaw
. voluntary surrender. non-renewability, or omelwise, or any other negative action orfinding by s
uch Federal or State aggncy that is publicly available information.
Pursuant to N.J.S.A.45:+ 19.13, if the Board refuses to issue, suspends, revokes or omerwise placesconditions on a li
cense or permit, it is obligated to notify each licensed health care facility and healthmaintenance organization with which a licensee is affili
ated and everyother board Iicensee in this statewlth whom he or she is directly assœ iated in private medical practice
.
ln accordance with an agreemint with the Federation of State Medical Boards of the United States
, aIist of alI disciplinary orders are provided to that organization on a. monthly basis.
Within the month following entry of an order. a summary of the order will appear on the pubfic agendafor the next monthly Board megtlnj and is forwardedto those members
of the public requesting a copy.In addition,'the same summary wlll appear in the m inutes of th
at Board m eeting. which are also madeavailable to those requesting a copy.
W ithin the month following entry of an order, a sum mary of the order will appear in a MonthlyDisciplinary Action Listing which is made available to those m:mbe
rs of the public requesting a copy.
On a periodic basis the Board disseminates to its Iicensees a newsletter which includes a briefdascription of all of the
orders entered by the Board. -'''- ' *
From jme to time, the Press Office of the Division of Gonsumer Affairs may issue rdeases includingthe summaries of-the content of public orders
.
Nothinq herein is intended in any way to limit the Board, the Division or the Attorney General fromdisclossng any public document.
