CONDITIONS OF PROBATION. During the probationary period, which shall be effective on the date the Board accepts this Agreement, the Respondent shall comply with each of the following requirements: A. The Respondent agrees to a probationary period of five (5) years commencing on the date the Probation Agreement is accepted by the Board and for such further period thereafter as the Board shall for reasonable cause order. During this probationary period, the Respondent agrees to 1) complete one hundred (100) hours of uncompensated Board-approved community service within the five year probationary period, to be performed providing meal service to needy individuals and families at St. Peter’s Roman Catholic Church, ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇, every other Sunday for three (3) hours commencing on the first Sunday after completion of ▇▇. ▇▇▇▇▇▇’▇ federal nine-month home confinement sentence, presently scheduled to be September 22, 2012, and 2) comply with all the requirements of the Respondent’s federal probation. In the event Respondent fails to comply with all terms of his probation with the U.S. District Court, and the U.S. District Court concludes as such, any stay of suspension will be lifted. B. The Respondent’s performance of this activity shall be monitored by ▇▇▇▇ ▇▇▇▇▇▇. ▇▇. ▇▇▇▇▇▇ shall, on a quarterly basis, file reports to the Board certifying the number of hours the Respondent has completed in the activity listed above in Paragraph A. C. In the event that the Respondent seeks licensure to practice medicine in another state, the Respondent shall notify the Board of such fact and shall disclose to the licensing authority in such state his status with this Board. The Respondent shall submit to the Board copies of all correspondence and application materials submitted to another states’ licensing authority. D. In the event the Respondent should leave Massachusetts to reside or practice out of the state, the Respondent shall promptly notify the Board in writing of the new location as well as the dates of departure and return. Periods of residency or practice outside Massachusetts will not apply to the reduction of any period of the Respondent’s probationary licensure, unless the Respondent enters into a monitoring agreement, approved by the Board, in the new location. E. The Respondent shall appear before the Board or a committee of its members at such times as the Board may request, upon reasonable advance notice, commensurate with the gravity or urgency of the need for such meeting as determined by the Board or such committee. F. The Respondent shall provide a complete copy of this Probation Agreement, with all exhibits and attachments, within ten (10) days by certified mail, return receipt requested, or by hand delivery to the following designated entities: any in- or out-of-state hospital, nursing home, clinic, other licensed facility, or municipal, state, or federal facility at which he practices medicine; any in- or out-of-state health maintenance organization with whom he has privileges or any other kind of association; any state agency, in- or out-of-state, with which he has a provider contract; any in- or out-of-state medical employer, whether or not he practices medicine there; the state licensing boards of all states in which he has any kind of license; the Drug Enforcement Administration – Boston Diversion Group; and the Massachusetts Department of Public Health Drug Control Program. The Respondent shall also provide this notification to any such designated entities with which he becomes associated during the duration of this Probation Agreement. The Respondent is further directed to certify to the Board within ten (10) days that he has complied with this directive. G. The Respondent, and not the Board, shall be responsible for the payment of any fee or charge occasioned by the Respondent’s compliance with this Probation Agreement. ▇. The Respondent may request that the Board modify any of the conditions set forth above. The Board may, in its discretion, grant such modification. The Respondent may make such a request not more than once in any one-year period, nor any sooner than one year from the date of this Probation Agreement.
Appears in 2 contracts
Sources: Probation Agreement, Probation Agreement
CONDITIONS OF PROBATION. During the probationary period, which shall be effective on the date the Board accepts this Agreement, the Respondent shall comply with each of the following requirements:
A. The Respondent agrees to a probationary period of remain in this Agreement for five (5) years commencing on from the date on which it is adopted by the Board. The Respondent may file a petition to terminate the Probation Agreement is accepted by after three-years of documented proof that he complied with Section IV, Paragraph B, (a) through (h). The Respondent acknowledges that said petition to terminate after three years of compliance would be in the discretion of the Board and for such to allow. The Respondent further period thereafter as the Board shall for reasonable cause order. During this probationary period, the Respondent agrees to 1) complete one hundred (100) hours of uncompensated Board-approved community service within the five year probationary period, to be performed providing meal service to needy individuals and families at St. Peter’s Roman Catholic Church, ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇, every other Sunday for three (3) hours commencing on the first Sunday after completion of ▇▇. ▇▇▇▇▇▇’▇ federal nine-month home confinement sentence, presently scheduled to be September 22, 2012, and 2) comply with all the requirements of the Respondent’s federal probation. In the event Respondent fails to comply with all terms other requirements of his probation with the U.S. District Court, and the U.S. District Court concludes as such, any stay of suspension will be liftedthis Agreement.
B. The Respondent’s performance Respondent agrees to the following:
(a) complete an office audit within ninety (90) days of the approval of this activity shall be monitored by ▇▇▇▇ ▇▇▇▇▇▇. ▇▇. ▇▇▇▇▇▇ shall, on a quarterly basis, file reports Agreement and implement all of the recommendations of the audit;
(b) submit proof to the Board certifying the number of hours that the Respondent has completed implemented all audit recommendations;
(c) agrees to attend a compliance conference with the Board at the end of six months from the date in which the activity listed above Board adopts the Agreement;
(d) agrees that all audit provisions will be automatically incorporated into this Agreement;
(e) complete at least twenty hours of continuing professional development credits in Paragraph A.a Board-approved intensive, in-person course on prescribing controlled substances;
(f) agrees to signing mutual releases allowing the Board and auditor to share information;
(g) a Board-approved worksite monitor who will review 10 randomly selected charts per month and also confirm that the Respondent is using the Prescription Monitoring Program; and
(h) quarterly reporting to the Board by the Board-approved worksite monitor.
C. In the event that the Respondent seeks licensure to practice medicine in another state, the Respondent shall notify the Board of such fact and shall disclose to the licensing authority in such state his status with this Board. The Respondent shall submit to the Board copies of all correspondence and application materials submitted to another states’ states licensing authority.
D. In the event the Respondent should leave Massachusetts to reside or practice out of the state, the Respondent shall promptly notify the Board in writing of the new location as well as the dates of departure and return. Periods of residency or practice outside Massachusetts will not apply to the reduction of any period of the Respondent’s probationary licensure, unless the Respondent enters into a monitoring agreement, approved by the Board, in the new location.
E. The Respondent shall appear before the Board or a committee of its members at such times as the Board may request, upon reasonable advance notice, commensurate with the gravity or urgency of the need for such meeting as determined by the Board or such committee.
F. The Respondent shall provide a complete copy of this Probation Agreement, with all exhibits and attachments, within ten (10) days by certified mail, return receipt requested, or by hand delivery to the following designated entities: any in- or out-of-state hospital, nursing home, clinic, other licensed facility, or municipal, state, or federal facility at which he practices medicine; any in- or out-of-state health maintenance organization with whom he has privileges or any other kind of association; any state agency, in- or out-of-state, with which he has a provider contract; any in- or out-of-state medical employer, whether or not he practices medicine there; the state licensing boards of all states in which he has any kind of license; the Drug Enforcement Administration – Boston Diversion Group; and the Massachusetts Department of Public Health Drug Control Program. The Respondent shall also provide this notification to any such designated entities with which he becomes associated during the duration of this Probation Agreement. The Respondent is further directed to certify to the Board within ten (10) days that he has complied with this directive.
G. The Respondent, and not the Board, shall be responsible for the payment of any fee or charge occasioned by the Respondent’s compliance with this Probation Agreement.
▇. The Respondent may request that engage in the practice of medicine under such conditions as the Board modify any of the conditions set forth above. The Board may, in its discretion, grant such modificationmay impose. The Respondent may make such a request not more than once shall engage in the practice of medicine only at Heywood Family Medicine, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇.
I. Until the Board, upon petition of the Respondent, orders otherwise, the Respondent’s clinical practice shall be monitored by ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇. Doctor ▇▇▇▇▇▇▇▇▇, and any one-year periodBoard approved successor, nor shall submit quarterly evaluations of the Respondent to the Board. The Respondent’s monitor shall immediately report any sooner than one year from the date concerns about potential violations of this Probation AgreementAgreement by telephone, and in writing, directly to the Board.
Appears in 1 contract
Sources: Probation Agreement
CONDITIONS OF PROBATION. During the probationary period, which shall be effective on the date the Board accepts this Agreement, the Respondent shall comply with each of the following requirements:
A. The Respondent agrees to a probationary period of five (5) years commencing on the date the Probation Agreement is accepted undergo monitoring by the Board for at least five years from the date of the Board’s acceptance of this Agreement and for such further period thereafter as the Board shall for reasonable cause order. During At the Board’s discretion, any periods during which the Respondent is not practicing medicine, during the probationary period, may extend the probationary period.
B. The Respondent shall refrain from all consumption of alcohol, and use of all controlled substances, unless specifically prescribed by a treating physician for a legitimate medical purpose and in the usual course of the treating physician’s medical practice. The treating physician shall have been informed of the Respondent’s substance abuse history before issuing any such prescription. The Respondent shall immediately notify the Board in writing any time that any treating physician writes a prescription for the Respondent for a controlled substance in Schedules II through IV, inclusive.
C. The Respondent shall not prescribe any controlled substances to himself or any member of his family, and agrees that this provision shall survive the probationary period. The prescribing of controlled substances under this paragraph must be in accordance with all applicable state and federal controlled substance registration requirements.
D. The Respondent has entered into a substance use monitoring contract, dated March 10, 2015, and in a form acceptable to the Board, with Physician Health Services, Inc. (“PHS”) of the Massachusetts Medical Society. The Respondent agrees to abide fully by all terms of this contract for the duration of this probationary period. This contract includes a provision that PHS will promptly inform the Board of any lapse or violation of its terms by the Respondent, and the contract provides for any necessary waivers of privilege or confidentiality by the Respondent. PHS shall submit quarterly reports to the Board which detail the Respondent’s compliance with this contract.
E. The Respondent shall undergo random bodily fluid screenings as required by PHS or as may be required by the Board, which requirement may be reasonably modified from time to time consistent with scientific or practical advances in the field of alcohol and drug detection. The Respondent shall submit random samples at least weekly on average, or at such other frequency as the Board or PHS may require. An officer of PHS shall file reports of the screening evaluations completed during the previous three months with the Board within thirty (30) days as part of their quarterly report. Said reports shall specify the dates on which samples were taken and shall specify the results of the analysis of such samples and shall be signed by the person in charge. In addition, the Respondent shall obtain the written agreement of PHS to notify the Board immediately by telephone and in writing.
a) in the event that Respondent’s sample is found to contain any evidence of alcohol or any controlled substance in violation of this Probation Agreement; or
b) in the event that PHS has other reliable evidence that the Respondent has used alcohol or any controlled substance in violation of this Probation Agreement; in the event that the Respondent misses any random bodily fluid test, excluding an administrative or laboratory mistake beyond the Respondent’s control; in the event that the Respondent refuses to cooperate with PHS in monitoring bodily fluids in any manner; or in the event that the Respondent withdraws any waiver filed in connection with this Probation Agreement; or in the event that the PHS contract is terminated for any reason other than successful completion of the contract, as determined by the Director of PHS. The Respondent agrees to 1) complete one hundred (100) hours waive any privileges he may have concerning such reports and disclosures to the Board by PHS.
F. The Respondent shall at all times during the length of uncompensated the probationary period be reasonably available to provide an immediate bodily fluid screen at the request of the Board.
G. The Respondent shall participate at least weekly in a group-counseling program for persons with substance use disorders, approved community service within in advance by the five year probationary periodPHS. The Respondent shall keep a diary of his attendance at such meetings. The Respondent shall submit this diary to PHS for periodic verification and PHS shall submit current copies of the diary in its quarterly report to the Board.
H. The Respondent shall be under the care of a licensed or certified health care professional experienced in the treatment of chemical dependency who shall submit written reports, including reports on all missed sessions, to the Board or its designee as often as the Board deems necessary but in any event at least once every three months. Copies of these attendance reports shall be performed providing meal service part of the quarterly report that PHS submits to needy individuals the Board. The health care professional shall immediately notify the Board by telephone whenever, in his or her professional judgment, the Respondent poses a potential danger to the health, safety and families at St. Peterwelfare of the Respondent’s Roman Catholic Churchpatients. In addition, the health care professional shall immediately notify the Board by telephone and in writing in the event that the Respondent terminates treatment, or is non-compliant with the treatment plan. In the event that the health care professional notifies the Board that the Respondent poses a danger to the health, safety or welfare of the Respondent’s patients, or terminates treatment, the Board may obtain any and all information, reports and records for a period not to exceed ▇▇▇▇▇▇ (90) days prior to the date of said notification from the health care provider concerning the Respondent. The Respondent hereby waives any privileges concerning such information, reports, records and disclosures to the Board. The health care professional shall confirm in writing, within ten (10) days of the Board’s accepting this agreement, his or her agreement and undertaking with respect to the obligations set forth in this Agreement, and shall notify the Board if the Respondent withdraws any waiver filed in connection with this Agreement. The Respondent may not terminate treatment with, or change the identity of the health care professional without prior Board approval. The Respondent has chosen ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, M.D., as his healthcare provider.
I. The Respondent may engage in the practice of medicine under such conditions as the Board may impose. The Respondent may only practice medicine at Manet Community Health Center, ▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇, every other Sunday for three (3) hours commencing on the first Sunday after completion of ▇▇. ▇▇▇▇▇▇’▇ federal nine-month home confinement sentence, presently scheduled to be September 22, 2012, and 2) comply with all the requirements of the Respondent’s federal probation. In the event Respondent fails to comply with all terms of his probation with the U.S. District Court, and the U.S. District Court concludes as such, any stay of suspension will be lifted.
B. The Respondent’s performance practice of this activity medicine shall be monitored by ▇▇▇▇▇-▇▇ ▇. Chen, M.D., who shall file quarterly reports to the Board on a form provided by the Board.
▇. The Respondent shall complete a course on ethics in prescribing within six months of the date on which this Agreement is approved by the Board.
K. The Respondent shall file, within thirty (30) days of the execution of this Probation Agreement, written releases and authorizations sufficiently broad in scope so as to allow the Board to obtain any and all medical and laboratory reports, treating physicians’ reports and records concerning the Respondent’s treatment during the probationary period. PHS may retain as confidential the identity of informants who have disclosed suspected or known substance misuse to those programs under the promise of confidentiality.
L. All agreements whereby third parties are to provide written reports, releases, records or any other information to the Board under this Probation Agreement shall be submitted to the Board for approval within thirty (30) days after the Probation Agreement is approved by the Board. All such releases and agreements must, in addition to waiving any relevant state law privileges or immunities, provide the Board with access to all material covered by 42 CFR, Part 2, and the Criminal Offender Records Information (▇▇▇▇▇▇) Act, so-called, M.G.L. c. 6, ss. ▇▇167-178; all such releases and agreements must provide that the released party shall notify the Board if any waiver is withdrawn. ▇▇▇▇▇▇ shallIn the event that any such releases or waivers are not sufficient to obtain access to any information which the Board in its discretion considers relevant, on a quarterly basis, file reports the Respondent agrees to obtain personally such information and furnish it to the Board certifying Board, to the number of hours the Respondent has completed in the activity listed above in Paragraph A.extent permitted by law.
C. M. In the event that the Respondent seeks licensure to practice medicine in another state, the Respondent shall notify the Board of such fact and shall disclose to the licensing authority in such state his status with this Board. The Respondent shall submit to the Board copies of all correspondence and application materials submitted to another states’ state’s licensing authority.
D. N. In the event the Respondent should leave Massachusetts to reside or practice out of the state, the Respondent shall promptly notify the Board in writing of the new location as well as the dates of departure and return. Periods of residency or practice outside Massachusetts will not apply to the reduction of any period of the Respondent’s 's probationary licensure, unless the Respondent enters into a monitoring agreement, approved by the Board, in the new location.
E. O. The Respondent shall appear before the Board or a committee of its members at such times as the Board may request, upon reasonable advance notice, commensurate with the gravity or urgency of the need for such meeting as determined by the Board or such committee.
F. P. The Respondent, and not the Board, shall be responsible for the payment of any fee or charge occasioned by the Respondent's compliance with this Probation Agreement.
Q. The Respondent may request that the Board modify any of the conditions set forth above. The Board may, in its discretion, grant such modification. Except for requests for modifications related to the identity of the health care professional referenced in Paragraph I, and the Respondent's employment, the Respondent may make such a request not more than once in any one year period, nor any sooner than one year from the date of this Probation Agreement.
R. The Respondent shall provide a complete copy of this Probation Agreement, with all exhibits and attachments, attachments within ten (10) days by certified mail, return receipt requested, or by hand delivery to the following designated entities: any in- or out-of-state hospital, nursing home, clinic, other licensed facility, or municipal, state, or federal facility at which he practices medicine; any in- or out-of-state health maintenance organization with whom he has privileges or any other kind of association; any state agency, in- or out-of-state, with which he has a provider contract; any in- or out-of-state medical employer, whether or not he practices medicine there; the Drug Enforcement Agency, Boston Diversion Group; Department of Public Health, Drug Control Program, and the state licensing boards of all states in which he has any kind of license; the Drug Enforcement Administration – Boston Diversion Group; and the Massachusetts Department of Public Health Drug Control Programlicense to practice medicine. The Respondent shall also provide this notification to any such designated entities with which he becomes associated during for the duration of this Probation Agreement. The Respondent is further directed to certify to the Board within ten (10) days that he has complied with this directive.
G. The Respondent, and not the Board, shall be responsible for the payment of any fee or charge occasioned by the Respondent’s compliance with this Probation Agreement.
▇. The Respondent may request that Board expressly reserves the Board modify authority to independently notify, at any time, any of the conditions set forth entities designated above. The Board may, in its discretionor any other affected entity, grant such modification. The Respondent may make such a request not more than once in of any one-year period, nor any sooner than one year from the date of this Probation Agreementaction it has taken.
Appears in 1 contract
Sources: Probation Agreement
CONDITIONS OF PROBATION. During the probationary period, which shall be effective on the date the Board accepts this Agreement, the Respondent shall comply with each of the following requirements:
A. The Respondent agrees to a probationary period remain in this Agreement until such time as he has satisfied the requirements of five (5Paragraph IV(B) years commencing on and the date the Probation Agreement is accepted by the Board and for such further period thereafter as the Board shall for reasonable cause order. During Board, pursuant to Paragraph V has terminated this probationary period, the Agreement.
B. The Respondent agrees to (1) complete one hundred (100) hours completion of uncompensated a Board-approved community service intensive course in anger management, such as Massachusetts Medical Society and Physician Health Services, Inc.’s Managing Workplace Conflict, within one year of the five year probationary periodapproval of the Consent Order, to be performed providing meal service to needy individuals and families at St. Peter’s Roman Catholic Church, ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇, every other Sunday for three (32) hours commencing on the first Sunday after completion of ▇▇. ▇▇▇▇▇▇’▇ federal nine-month home confinement sentence, presently scheduled to be September 22, 2012, and 2) comply with all the requirements six additional continuing professional development course hours focusing on professionalism also within one year of the Respondent’s federal probationapproval of the Consent Order. In the event The Respondent fails also agrees to comply with all terms laws and regulations governing the practice of his probation with the U.S. District Court, and the U.S. District Court concludes as such, any stay of suspension will be liftedmedicine.
B. The Respondent’s performance of this activity shall be monitored by ▇▇▇▇ ▇▇▇▇▇▇. ▇▇. ▇▇▇▇▇▇ shall, on a quarterly basis, file reports to the Board certifying the number of hours the Respondent has completed in the activity listed above in Paragraph A.
C. In the event that the Respondent seeks licensure to practice medicine in another state, the Respondent shall notify the Board of such fact and shall disclose to the licensing authority in such state his status with this Board. The Respondent shall submit to the Board copies of all correspondence and application materials submitted to another states’ licensing authority.
D. In the event the Respondent should leave Massachusetts to reside or practice out of the state, the Respondent shall promptly notify the Board in writing of the new location as well as the dates of departure and return. Periods of residency or practice outside Massachusetts will not apply to the reduction of any period of the Respondent’s probationary licensure, unless the Respondent enters into a monitoring agreement, approved by the Board, in the new location.
E. The Respondent shall appear before the Board or a committee of its members at such times as the Board may request, upon reasonable advance notice, commensurate with the gravity or urgency of the need for such meeting as determined by the Board or such committee.
F. The Respondent shall provide a complete copy of this Probation Agreement, with all exhibits and attachments, within ten (10) days by certified mail, return receipt requested, or by hand delivery to the following designated entities: any in- or out-of-state hospital, nursing home, clinic, other licensed facility, or municipal, state, or federal facility at which he practices medicine; any in- or out-of-state health maintenance organization with whom he has privileges or any other kind of association; any state agency, in- or out-of-state, with which he has a provider contract; any in- or out-of-state medical employer, whether or not he practices medicine there; the state licensing boards of all states in which he has any kind of license; the Drug Enforcement Administration – Boston Diversion Group; and the Massachusetts Department of Public Health Drug Control Program. The Respondent shall also provide this notification to any such designated entities with which he becomes associated during the duration of this Probation Agreement. The Respondent is further directed to certify to the Board within ten (10) days that he has complied with this directive.
G. The Respondent, and not the Board, shall be responsible for the payment of any fee or charge occasioned by the Respondent’s compliance with this Probation Agreement.
▇. The Respondent may request that the Board modify any of the conditions set forth above. The Board may, in its discretion, grant such modification. The Respondent may make such a request not more than once in any one-year period, nor any sooner than one year from the date of this Probation Agreement.
Appears in 1 contract
Sources: Probation Agreement