August 23, 2012 NEW JERSEY STATE BOARD OF
JEFFREY S. CHIESAATTORNEY GENERAL OF NEW JERSEYDivision of Law124 Halsey Street, 5th FloorP.O. Box 45029Newark, New Jersey 07101By:FILEDAugust 23, 2012NEW JERSEY STATE BOARDOF MEDICAL EXAMINERSKim D RinglerDeputy Attorney GeneralSTATE OF NEW JERSEYDEPARTMENT OF LAW & PUBLIC SAFETYDIVISION OF CONSUMER AFFAIRSSTATE BOARD OF MEDICAL EXAMINERSIN THE MATTER OF THESUSPENSION OR REVOCATIONOF THE LICENSE OFPHILIP B. MAY, M.D.LICENSE NO. 25MA03286500ADMINISTRATIVE ACTIONINTERIM CONS ENT ORDERTO PRACTICE MEDICINE ANDSURGERY IN THE STATE OFNEW JERSEYThis matter was opened to the State Board of MedicalExaminers ("Board") upon the receipt of information allegingthat Philip B. May, M.D. committed professional misconduct andthat the New Jersey Department of Human Services ("DHS") hadinitiated an investigation relating to his conduct as aphysician at Hunterdon Development Center ("Center").The conduct at issue includes Dr. May's alleged internetposting of photographs of now-deceased patients of the Center onthe International Foundation for Chronic Disabilities websiteCERTIFIED TRUE COPY
and an alleged unauthorized study of vitamin D deficienciesamong residents of the Center. If proven, the allegationsconstitute multiple violations of the statutes governing thepractice of medicine in New Jersey.Dr. May is a physician licensed to practice medicine in theState of New Jersey since February 25, 1977. He has worked atthe Center, where he is a physician specialist 1, since 1985. Hedoes not practice medicine privately. On August 3, 2012, Dr. Maywas suspended from his position at the Center without pay, andDHS is seeking his removal.Dr. May is scheduled to appear before a PreliminaryEvaluation Committee of the Board on September 5, 2012. However,his counsel, John Azzarello, Esq. of Arseneault, Whipple,Fassett & Azzarello, LLP, advised the Board in August, 2012 thathe is the subject of a criminal investigation related to thepending Board investigation. Through counsel, Dr. May has alsoadvised the Board that the photographs at issue have beenremoved from the website and that Dr. May does not have contactwith patients since his suspension from the Center.In view of the ongoing proceedings brought by DHS and thereported pending criminal investigation, as well as the factthat he is not currently practicing medicine, Dr. Mayvoluntarily agrees to the temporary suspension of his medicallicense pursuant toN.J.S.A.45:1-22, and the Board shall
adjourn any further proceedings in this matter until theresolution of the criminal investigation and the entry of asuperseding Order of the Board.Dr. May makes this agreement without prejudice to his rightthereafter to address, defend and rebut formal charges should acomplaint be filed by the Attorney General. In the event thatDr. May chooses to answer questions regarding his conduct priorto the resolution of the criminal investigation into hisconduct, his appearance before the Preliminary EvaluationCommittee may be expedited.The Board finds the within disposition to be adequatelyprotective of the public health, safety and welfare, andIT IS, therefore, on this 23jj day ofAugust, 2012,ORDERED that:1.Philip B. May, M.D. agrees to the immediate temporarysuspension of his license to practice of medicine until theresolution of the pending criminal investigation into hisconduct at Hunterdon Development Center and until further orderof the Board.2.During the time Dr. May's license is temporarilysuspended he shall comply with the Directives attached and madea part of this Order.3.Dr. May shall immediately return his original NewJersey medical license and CDS registration to the New Jersey
State Board of Medical Examiners, P.O. Box 183, Trenton, NewJersey 08625-0183.4.This Interim Consent Order does not constitute anadmission by or finding against Dr. May and shall not give riseto any adverse inferences against Dr. May in the licensureproceedings.5.Upon receipt of proof of Dr. May's failurematerially to comply with any of the conditions herein, theAttorney General reserves the right to take whatever steps aredeemed appropriate to protect the public safety and welfare.5.The parties hereby stipulate that entry of this Orderis without prejudice to further action by this Board or otherlaw enforcement entities resulting from Dr. May's allegedconduct prior to the entry of this Order, without prejudice tothe further prosecution of the allegations pertaining to hisinvolvement with the Center and its patients, and withoutprejudice to Dr. May's opportunity to address and defend againstthe allegations of professional misconduct.NEW JERSEY STATEBOARD OF MEDICAL EXAMINERSBy:GeorgevSett / M.p.M,Board PresidentD.Q.
I have read and understood thewithin order and agree to bebound by its terms.Date:4 qlt-Consent is hereby givenas to the form and entryof this Order.Areseneault, Whipple, Fassett & Azzarello, LLPDate:Philip B. May,M.D.'(GJ I
DIRECTIVES APPLICABLE TO ANY MEDICAL BOARD LICENSEEWHO IS DISCIPLINED OR WHOSE SURRENDER OF LICENSUREHAS BEEN ACCEPTEDAPPROVED BY THE BOARD ON MAY 10, 2000All licensees who are the subject of a disciplinary order of the Board are required to providethe information required on the Addendum to these Directives.The information providedwill be maintained separately and will not be part of the public document filed with theBoard. Failure to provide the information required may result in further disciplinary actionfor failing to cooperate with the Board, as required by N.J.A.C. 13:45C-1 et sea.Paragraphs 1 through 4 below shall apply when a license is suspended or revoked orpermanently surrendered, with or without prejudice. Paragraph 5 applies to licensees whoare the subject of an orderwhich, while permitting continued practice, contains a probationor monitoring requirement.1.Document Return and Agency NotificationThe licensee shall promptly forward to the Board office at Post Office Box 183, 140 EastFront Street, 2nd floor, Trenton, New Jersey 08625-0183, the original license, currentbiennial registration and, if applicable, the original CDS registration. In addition, if thelicensee holds a Drug Enforcement Agency (DEA) registration, he or she shall promptlyadvise the DEA of the licensure action. (With respect to suspensions of a finite term, atthe conclusion of the term, the licensee may contact the Board office for the return of thedocuments 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 toascertain the impact of that change upon his/her DEA registration.)2.Practice CessationThe licensee shall cease and desist from engaging in the practice of medicine in this State.This prohibition not only bars a licensee from rendering professional services, but also fromproviding an opinion as to professional practice or its application, or representinghim/herself as being eligible to practice. (Although the licensee need not affirmativelyadvise patients or others of the revocation, suspension or surrender, the licensee musttruthfully disclose his/her licensure status in response to inquiry.) The disciplined licenseeis also prohibited from occupying, sharing or using office space in which another licenseeprovides health care services. The disciplined licensee may contract for, accept paymentfrom another licensee 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 licensee or health care provider.(In situations where the licensee has been suspended for less than one year, the licenseemay accept payment from another professional who is using his/her of fice during theperiod that the licensee is suspended, for the payment of salaries for office staff employedat the time of the Board action.)
A licensee whose license has been revoked, suspended for one (1)year or more orpermanently surrendered must remove signs and take affirmative action to stopadvertisements by which his/her eligibility to practice is represented. The licensee mustalso take steps to remove his/her name from professional listings, telephone directories,professional stationery, or billings. If the licensee's name is utilized in a group practicetitle, 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 (973-504-6558) mustbe filed. If no other licensee is providing services at the location, all medications must beremoved and returned to the manufacturer, if possible, destroyed or safeguarded.(Insituations where a license has been suspended for less than one year, prescription padsand medications need not be destroyed but must be secured in a locked place forsafekeeping.)3.Practice Income Prohibitions /Divestiture of Equity Interest in ProfessionalService Corporations and Limited Liability CompaniesA licensee shall not charge, receive or share in any fee for professional services renderedby him/herself or others while barred from engaging in the professional practice.Thelicensee may be compensated for the reasonable value of services lawfully rendered anddisbursements incurred on a patient's behalf prior to the effective date of the Board action.A licensee who is a shareholder in a professional service corporation organized to engagein the professional practice, whose license is revoked, surrendered or suspended for aterm of one (1) year or more shall be deemed to be disqualified from the practice within themeaning of the Professional Service Corporation Act.N.J.S.A.(14A:17-11). A disqualifiedlicensee shall divest him/herself of all financial interest in the professional servicecorporation pursuant to N.J.S.A. 14A:17-13(c). A licensee who is a member of a limitedliability company organized pursuant to N.J.S.A. 42:1-44, shall divest him/herself of allfinancial interest. Such divestiture shall occur within 90 days following the the entry of theOrder 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 forwardedto the Secretary of State, Commercial Reporting Division, demonstrating that the interesthas been terminated. If the licensee is the sole shareholder in a professional servicecorporation, the corporation must be dissolved within 90 days of the licensee'sdisqualification.4.Medical RecordsIf, as a result of the Board's action, a practice is closed or transferred to another location,the licensee shall ensure that during the three (3) month period following the effective dateof the disciplinary order, a message will be delivered to patients calling the former officepremises, advising where records may be obtained. The message should inform patientsof the names and telephone numbers of the licensee (or his/her attorney) assumingcustody of the records. The same information shall also be disseminated by means of anotice 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 theend of the three monthperiod, the licensee shall file with theBoard the name andtelephone number of the contact person who will have access to medical records of formerpatients. Any change in that individual or his/her telephone number shall be promptlyreported to the Board. When a patient or his/her representative requests a copy of his/hermedical record or asks that record be forwarded to another health care provider, thelicensee shall promptly provide the record without charge to the patient.5.Probation/Monitoring ConditionsWith respect to any licensee who is the subject of any Order imposing a probation ormonitoring requirement or a stay of an active suspension, in whole or in part, which isconditioned upon compliance with a probation or monitoring requirement, the licensee shallfully cooperate with the Board and its designated representatives, including theEnforcement Bureau of the Division of Consumer Affairs, in ongoing monitoring of thelicensee's status and practice. Such monitoring shall be at the expense of the disciplinedpractitioner.(a)Monitoring of practice conditions may include, but is not limited to, inspectionof the professional premises and equipment, and Inspection and copying of patient records(confidentiality of patient identity shall be protected by the Board) to verify compliance withthe Board Order and accepted standards of practice.(b)Monitoring of status conditions for an impaired practitioner may include, butis not limited to, practitioner cooperation in providing releases permitting unrestrictedaccess to records and other information to the extent permitted by law from any treatmentfacility, other treating practitioner, support group or other individual/facility involved in theeducation, treatment, monitoring or oversight of the practitioner, or maintained by arehabilitation program for impaired practitioners.If bodily substance monitoring has beenordered, the practitioner shall fully cooperate by responding to a demand for breath, blood,urine or other sample in a timely manner and providing the designated sample.
NOTICE OF REPORTING PRACTICES OF BOARDREGARDING DISCIPLINARY ACTIONSPursuant to N.J.S.A. 52:14B-3(3), all orders of the New Jersey State Board of Medical Examiners areavailable for public inspection. Should any inquiry be made concerning the status of a licensee, theinquirer will be informed of the existence of the order and a copy will be provided if requested.Allevidentiary hearings, proceedings on motions or other applications which are conducted as publichearings and the record, including the transcript and documents marked in evidence, are available forpublic inspection, upon request.Pursuant to 45 CFR Subtitle A 60.8, the Board is obligated to report to the National Practitioners DataBank any action relating to a physician which is based on reasons relating to professional competenceor professional conduct:(1)(2)(3)Which revokes or suspends (or otherwise restricts) a license,Which censures, reprimands or places on probation,Under which a license is surrendered.Pursuant to 45 CFR Section 61.7, the Board is obligated to report to the Healthcare Integrity andProtection (HIP) Data Bank, any formal or official actions, such as revocation or suspension of alicense(and the length of any such suspension), reprimand, censure or probation or any other loss oflicense or the right to apply for, or renew, a license of the provider, supplier, or practitioner, whether byoperation of law, voluntary surrender, non-renewability, or otherwise, or any other negative action orfinding by such Federal or State agency that is publicly available information.Pursuant to N.J.S.A. 45:9-19.13, if the Board refuses to issue, suspends, revokes or otherwise placesconditions on a license or permit, it is obligated to notify each licensed health care facility and healthmaintenance organization with which a licensee is af filiated and every other board licensee in this statewith whom he or she is directly associated in private medical practice.In accordance with an agreement with the Federation of State Medical Boards of the United States, alist of all 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 public agendafor the next monthly Board meeting and is forwarded to those members of the public requesting a copy.In addition, the same summary will appear in the minutes of that Board meeting, which are also madeavailable to those requesting a copy.Within the month following entry of an order,a summary of the order will appear in aMonthlyDisciplinary Action Listing which is made available to those members of the public requesting a copy.On a periodic basis the Board disseminates to its licensees a newsletter which includes a briefdescription of all of the orders entered by the Board.From time to time, the Press Office of the Division of Consumer Affairs may issue releases includingthe summaries of the content of public orders.Nothing herein is intended in any way to limit the Board, the Division or the Attorney General fromdisclosing any public document.
new jersey state board of medical examiners state of new jersey department of law & public safety division of consumer affairs state board of medical examiners in the matter of the suspension or revocation of the license of administrative action philip b. may, m.d. interim con s license no.
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