Reciprocal Discipline For Doctors

A psychiatrist licensed in New York had his license revoked by the Administrative Review Board for Professional Medical Conduct based on findings of professional misconduct that took place in Texas.

The action was affirmed by the New York Appellate Division for the Third Judicial Department.

Texas had reprimanded the doctor for sex with a patient and failure to maintain records.

New York took a dimmer view, rejecting the suggestion that the sex was kosher under New York law because it was with a former patient

Petitioner asserts that the conduct leading to the 2009 order did not constitute misconduct in New York because Education Law § 6530 (44) prohibits “any physical contact of a sexual nature between licensee and patient,” but does not expressly preclude a sexual relationship with a former patient. While that argument is a dubious one, it is not one we need to resolve, as the ARB determined that a physician-patient relationship existed at the time the sexual relationship occurred. The Texas Medical Board found that petitioner saw the patient primarily for medication management and that, on the day their sexual relationship began in December 2007, the patient visited his office to obtain his signature on a prescription assistance form. Petitioner took advantage of what he perceived as an “invitation to intimacy” afforded when the patient burst into tears in his presence. After the sexual encounter, petitioner cautioned the patient to remain silent about the encounter because he was a psychiatrist. The two had several more sexual encounters in the following months, and the patient did not request her medical records from petitioner until June 2008. These facts provide a rational basis for the ARB’s finding that petitioner engaged in a sexual relationship with a current patient and that he committed professional misconduct under New York law…

Interesting case involving reciprocal discipline for doctors. (Mike Frisch)