= st iewrork | Department ean. fealth “ANDREW W CUOMO MOWAROA ZUCKER, M.D, JD. SALLY DRESLIN, M.S. RN. Governor ‘Commasoner Etecae Dru Commins ‘September 22, 2016 Thomas Myo MD. Thomas Mydosh, MD. Bopanna Sewot CGanandalgua, New York 14424 lan H. SWverman, Esq. NYS Department of Health ESP.Coming Towar-Room 2512 ‘Albany, New York 12237 RE: In the Mattor of Thomas Mycosh, M.D. tos: Enclosed please find the Determination and Order (No. 16-318) of the Hearing ‘Commitee ne above referenced matar. This Determination and Order shall be deemed effective upon the receipt or seven (7) days ater mailing by certied mal as per the provisions of 55230, subdivision 10, paregraph (h) ofthe New York State Publc Heelh Low. Five days after receipt of tis Order, you wil be required to deliver to the Board of Professional Mecical Conduct your lcansa io practice medicine together wit the registration certcate, Delvery shal be by ether certied mall or in person to: (Office of Professional Medical Conduct ‘New York Stale Department of Health (Office of Professional Medical Conduct Riverview Center 180 Broadway ~ Sule 355 ‘Albany, New York 12204 If you license or registration ceticale is lost, misplaced or is whereabouts ls otherwise Lunknown, you shal submit an affidavit otha effec. if subsequent yu locale the requesiad Item, they mast then be delivered tothe Office of Professional Medical Conduct In the manner ‘noted ebove, are Tot ae NY ET no 00‘As prescrlbed by tho Naw York State Public Health Law §230, subslviton 10, paragraph (),(Mokinney Supp. 2015) and §250-s subdivisions 1 trough §, (Meidnney Supp. 2018), the ‘Getermination of e commitiae on professional mecical conduct may be reviewed by tha ‘Acrrinistrative Review Board for professional medical conduct." Esher the licensee or he Deparment may sack a review ofa commiize deterinalon. Request for review ofthe Comnlise's determination by the Administrative Review Board ‘stays ponaltes ofher then suscension or revocation uni final dotarminaion by that Board. ‘Summary orders are rol stayed by Adrinisraive Review Board reviews. Al notces of review must be served, by certiled mal, upon the Administrative Review Board and the adverse party within fourteen (14) days of service and recelptof the enclosed Determination and Order. ‘The notice of view served on the Administrative Review Board should be forwarded to: James F. Horan, Eq., Chief Administrative Lew Judge ‘Now York State Department of Health 150 Broaway ~ Sulla $10 ‘Albay, New York 12204 ‘The parties shall eve 30 days from the notice of appeal in which to fe thelr brits to the ‘Administraive Review Board. Six copies ofall papers mus also be sano the attenion of Mr. Horan atthe above address and one copy to the other pay. The slipuiaed record In tis matter shall conset ofthe oficial hearing wanserips) and all documents in evidence. Patties wil be noted by mall ofthe Administrative Review Board's Determination and Order. Sincerely, Administrative Law Judge of Adjudication JFHeah Enclosure‘STATE OF NEW YORK: DEPARTMENT OF HEALTH ‘STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT INTHE MATTER DETERMINATION oF ano ORDER nome #16-318 GOPY ‘A Notice of Hearing, dated May 16, 2018, and an Amended Statement of Charges, dated June 8, 2016, were served on Thomas Mydosh, MD. A hearing was hhold pursuant to N.Y, Public Health Law §230 and New York State Admin, Proc. Act {$6 301-307 and 401 on June 28, 2016 at the Offices of the New York State Department of Health, 150 Broadway, Albany, New York (the Petitioner’), Peter 8. Kane, M.D., Chair, Virginia R. Marty, and Gregory Allen Threatts, M.D., duly designated members ofthe State Board for Professional Medical Conduct, served as the Hearing Committee in this matter. David A. Lenthan, Eq,, Administrative Law Judge, served as the Administrative Officer. ‘The Pettioner appeared by Richard J. Zahnlouter, Esq.. General Counsel, by lan H. Silverman, Esq., of Counsel, The Respondent did not appear although duly served. Evidence was recsived and a transcript of these proceedings was made. After ‘consideration of the entire record, the Hearing Committee issues this Determination and Order. Mair of yds, MD. aPROCEDURAL HISTORY Date of Service of Notice ‘of Hearing and Statement of Charges: May 16, 2016 ‘Answer Filed: None Hearing Date: June 28, 2016 Witness for Petitioner: ‘Apri Soltren, Senior Medical Conduct Investigator ‘Witnesses for Respondent: None Deliberations Date: June 28, 2016 ‘STATEMENT OF THE CASE ‘The State Board for Professional Medical Conduct is @ duly authorized professional disciplinary agency ofthe State of New York (§230 et seq. ofthe Pubic Health Law of the State of New York ['P.H.L."). This case was brought by the New York ‘State Department of Health, Bureau of Professional Medical Conduct (Petitioner or Department’) pursuant to §230 of the P.H.L. Dr. Mydosh (‘Respondent’) is charged with four (4) specifications of professional misconduct as set forth in §6530 of the Education Law of the State of New York (‘Education Law). ‘At the heating, the Statement of Charges was amended to add the fourth ‘specification, namely the failure to provide access to patient information. (T. 11) Copies lof the Notice of Hearing, Statement of Charges, and Amended Statement of Charges. Matter of Mydosh, 0. 2are attached hereto as Appendix 1. Copies of the 2015 Consent Order, dated June 25, 2016 and Consent Agreement, dated June 18, 2016 are attached hereto as Appendix 2. FINDINGS OF FACT ‘The following Findings of Fact wore made after a review ofthe entra record in this matter. Numbers below in parentheses refer to transcript page numbers or exhibits, doncted by the prefixes "T.* or ‘Ex. These citations refer to evidence found persuasive by the Hearing Commit in atvng ata particular finding. Conflicting evidence, any, wes considered and rejaced in favor ofthe cited evidence. All Hearing Commitee findings were unanimous. 1. Respondent was authorized to practice medicine in New York State on or about December 31, 1987, by the issuance of license number 173340 by the New ‘York State Education Department. (Petitioner's Ex. 4) (On oF about June 18, 2015, Respondent voluntarily entered into Consent Order BPMC No. 15-160 (Order) with the New York State Board for Professional Misconduct (Board). Respondent's conduct that gave rise to he discipline centered around his treatment and care of eight patients. Respondent discontinued his medical practice without giving notice to these eight patients, without making reasonable arrangements for the continuation of the patients! ‘medical care and failed to forward the patients’ medical records to their new sanacot Myst, 0. 3medical provider despite many requests andior atlempis to have the records forwarded. By entering the Order, Respondent admited gull to abandoning or neglecting @ patient under and in need of immediate professional care in Violation of NY. Educ. Law §6530(90). The Order was approved by the Board ‘on or about June 23, 2018 and became effecve July 1, 2018, The Order Imposed, among other things, the folowing penalties and concitons: ‘a. Acondlion that Respondent shall comply with Eshibit"C" ofthe Consent ‘Agreement (Requirements for Closing a Medical Precice Following Medical LUcense Revocation, Surrender, Limitation or Suspension" b.A condition that Respondent shall coopera fly with OPM in its ‘administration and enforcement ofthe Consent Order, and in its investigation of all matters concerning Respondent. Respondent was required to respond ‘promptly to ll OPMC requests fr writen periodic verifation of Respondent's compliance with the terms ofthe Consent Order. Respondent was also required to meet wth a person designated by the Diectr of OPMC, and to promptly provide OPMC with all documents and infomation within Respondent's control, as directed. (Petitoner’s Ex. 4) 3. Respondent filed to comply withthe Board Orderin the folowing ways: () Respondent falled to comply with the September 4, 2014 notice from OPMC staff providing Respondent with a wien lst of palarts who had contacted (OPMC-1o obtain a copy oftheir medical records; (@) Respondent filed to comply with the June 19, 2016 notice from OPMC staff Mateo Mydsh, MD, 4providing Respondent's attomey with two adeional patient names who had requested medical records from Respondent pursuant to Exhibit C of the Consent Order; and {l) Respondent filed to comply with the June 30, 2015, letter from OPMC staff requesting information in the form ofa “data sheet’, the close of practica requirements and a close of practice checklist. (Petitioner's Ex. 4) 4, Since August 18, 2015 Respondent has not provided any patient record to any patient, nor has he complied withthe requirements ofthe Order that he fuly ‘cooperate with OPMC, including responding promply to all OPMC requests to provide written periodic verification of his compllance withthe terms ofthe order. (Petitioner's Ex. 7-10) VOTE OF THE HEARING COMMITTEE FIRST SPECIFICATION “AILURE TO Gi o “Respondent violated N.Y. Educ. Law § 6530(16) by fling to comply with an ‘order issued pursuant to subdivision seven, paragraph (a) of subdivision ten of section, ‘wo hundred thirty ofthe public health law...” VOTE: Sustained (3-0) Mater of Mydosh MD. 5‘SECOND SPEGIFICATION TERM OF sTION. Lim “Respondent violated N.Y, Educ, Law § 6530(28) by violating any term of probation or condition or limitation imposed on the licensee pursuant to section two hundred thity ofthe public heath lav...” VOTE: Sustained (3-0) ‘THIRD SPECIFICATION FAILURE TO PROVIDE ACCESS TO PATIENT INFORMATION “Respondent violated N.Y. Educ. Law § 6530(40) by failing to provide access by ‘qualified persons to patient information in accordance with the standards set forth In ‘section eighteen of the public healt law..." VOTE: Sustained (3-0) IFICATION TO COMPLY WITH. “Respondent violated N.Y. Educ, Law § 6530(14) by violating § 230 (10)(h) (I) of ‘the Public Health Law by falling to notify his patients ofthe cessation of his practice. VOTE: Sustained (3-0) Mater of Myon, M0. ‘DISCUSSION Responcent is charged with four (4) specifications alleging professional ‘misconduct within the meaning of §8530 of the Education Law. These charges have been deemed admitted and the Hearing Committee determined that these allegations, ‘and all ofthe charges contained In the Statement of Charges were established by @ preponderance of the evidence. “The recordin this case shows that the Respondent was authorizad to practice ‘medicine in Naw York State on or about December 31, 1987, by the issuance of license number 173340 by the New York State Education. The Respondent did not ‘appear at the hearing elther in person or by counsel. The Administrative Law Judge ruled that Pettioner's Exhibit 2, an Affidavit of Service for the Notice of Hearing and ‘the Statement of Charges, shows that personal service has been accomplished and that the hearing could proceed on the merits notwithstanding the non-appearance of the Respondent ‘Atthe hearing, the Department's attorney indicated that he had been in touch, telephonically, with the Respondent's attorney from a prior metter, Mr. Richard Holtzberg, Esq. of Rochester, New York. Mr. Holtzberg indicated that he has lost all ‘contact with the Respondent for over a year (T. 6) and withdrew from the case 2s he ‘no longer represents Respondent (T. 7). ‘The evidence in this case shows that Respondent voluntarily entered into a Consent Order that gave rise to the discipline centered around his treatment and care Mar o Mydou M.D. 7of eight paients Respondent discontinued his medical practice without giving noice to these eight patients, without making reasonable arrangements for the continuation ofthe patients! medical care and failed to forward the patents’ medical records lo ‘their new medical provider despite many requests andlor attempts to have the records forwarded, By entering the Order, Respondent admited guilt to abandoning ‘or neglecting @ patient under his care and in need of inmediate professional care in Violation of N.Y. Edu. Law §6530(80). “This Order was approved by the Board on or aboul June 23, 2016 and became effective July 4, 2015. The Order imposed, among other things, @ coneition that Respondent shall cooperate fully with OPMC in ts administration and enforcement of the Consent Order, and ins investigation of all matters concerning Respondent. Respondent was required to respond promptly to all OPMC requests for writen periodic verification of Respondent's compliance with the terms ofthis Consent Order. Reepondnt was also required to mest with a person designated bythe Director of OPMC, end to premptly provide OPMC with all documents and information within Respondent's contol, 2s directed. “The testimony at the hearing from Me. April Sole, eanior medieal conduct investigation for the Department, established that Dr. Nydosh failed to comply wth {he Board Order inthe following ways: (@ Respondent failed to comply with the September 4, 2014 notice from OPMC staff providing Respondent wih a wten Ist of petients who had contacted OPMC to obtain a copy oft jr medical records; (i) Respondent failed to comply withthe June 19,2015 notice from OPMEC staff Mater of Mydoeh, MO. °providing Respondent's attomey wih to addtional patient nares who had requested medical records from Respondent pursuant to Exhibit C of the Consent Onder, and (i) Respondent fied to comely wit the June 30,2016, leer fom OPM stat requesting information inthe form ofa datasheet, the close of practice requirements and a close of practice checklst. (7. 16-61) Finally, the record herein shows that, since August 16, 2018, Respondent has ‘not provided any patient record to any patient, nor has he complied with the requirements of the order that he fully cooperate with OPMC, ding responding ppromplly to all OPMC requests to provide writen periodic verication of his ‘compliance with the terms ofthe order. ‘Since the Respondent did not appear or contest the specifications, the charges ‘are deemed admitted and thus hat remained was forthe panel to determine an appropiate penalty, The panel was unanimous in fing thatthe action of the Respondent warranted revocation ofthe Respondent's New York lense as the ony appropriate protectin for New York patents. The panel noted that the record does not contain any evidence of miigating ckcumstances or remorse. The panel based its doterination on the decuentaton nthe record andthe testimony fom the Department’ witness a the hearing “The pane! considered the ful range of penelies evalable and wes unanimous that revocation would be the proper penalty. Accordingly, as to the penalty to be ta of Mydoah MA. °imposed, the Hearing Committee determined thatthe people of New York State would be protected by a revocation of the Respondents iicense, IT 1S HEREBY ORDERED THAT: 4. The specications of professional misconduct, 26 set forth in the Statemant of charges, are SUSTAL 2, The license of the Respondent to prado medicine in New York Stata Is REVOKED, ‘This Order shall be effectve upen servise on the Respondent in accordance with the requirements of Public Health Law Secion 230(10)(h). DATED: Cazenovia, Now York ogust = —— 2046 surnam 22, AL Poter B. Kano, M.D., Chair Virginia R. Marty Gregory Allen Threatta, M.D. Mater f hidosh MO. 10To: ‘Thomas Mydosh, M.D. ‘Thomas Mydosh, M.D. 350 Parrish Street Canandaigua, NY 14424 lan H. Silverman, Esq. ‘Atomey for Petitioner ‘Assistant Counsel NYS Department of Health Coming Tower, Room 2512 Empire State Plaza Albany, N.Y. 12237 Matt of Mood, MO. aAPPENDIX 14 Mater of Mydosh, M0, ryNEW YoRK st? IEPARTMENT OF STATE BOARD FOR PROFESSIONAL MESIOAL CONDUCT INTHE MATTER NoTICE OF ‘THOMAS MYDOSH, M.D. TO: Thomas Mydosh,M.0, Thomas Mydosh, MD. 350 Parish Street ‘Canandaigua, NY 14426 PLEASE TAKE NOTICE: oF HEARING ‘Attearing will be held pursuant to the provisions of N.Y. Pub, Health Law §230 and N.Y. State Admin, Proc. Act §§301-307 and 401. The hearing willbe conducted before @ ‘Commitee on professional conduct ofthe State Board for Professional Medical Conduct en June 28, 2018 at 10:00 am. atthe Offices of the New York State Department of Health, Riverview Center, 150 Broadway, Suite 510, Menands (Albany), NY 12204, and at such other adjeurned dates, times and places as the committee may direct, ‘Althe hearing, evidence willbe received concerning the allegations set forth in the. ‘Statement of Charges, which is attached. A stenographic record of the hearing will be ‘made and the witnesses at the hearing willbe sworn end examined. You shell appear in Person atthe hearing and may be represented by counsel who shall be an attomey ‘admitted 'o practice in New York state. You have the right o produce witnesses and evidence on your behalf to issue or have subpoenas Issued on your behalf in order to require the production of witnesses end documents, and you may cross-examine witnesses EXHIBITand examine evidence produced against you. A summary of the Department of Health Hearing Rules is encloses. ]YOU ARE HEREBY ADVISED THAT THE ATTACHED CHARGES WILL BE MADE. PUBLIC FIVE BUSINESS DAYS AFTER THEY ARE SERVED. Department attomey: Initial here “The hearing will proceed whether or not you appear at he hearing. Please note that requests for adjournments must be made in writing and by telephone to the New York Statt Department of Health, Division of Legat Affairs, Bureau of Adjudication, Riverview Center, 150 Broadway, Sulte 510, Albany, NY 12204-2710, ATTENTION: HON. JAMES | HORAN, DIRECTOR, BUREAU OF ADJUDICATION, (henceforth "Bureau of Adjudication"), (Telephone: (618-402-0748), upon notice tothe attomey for the Department of Health whose name appears below, and at least five days prior tothe scheduled hearing date. Adjournment requests are not routinely granted as scheduled dates are considered dates certain, Claims of court engagement will require detailed Affidavits of Actual Engagement. Claims of iliness will require medical documentation. Pursuant to the provisions of N.Y. Pub, Health Law §230(10)(c), you shall fle written answer to each of the charges and allegations in the Statement of Charges not less than ten days prior to the date of the hearing. Any charge or allegation not so answered shall be deemed admitted, You may wish to seek the advice of counsel pri to fling such answer. The answer shall be fied with the Bureau of Adjudication, at the address indicated: ‘above, and a copy shall be forwarded to the atiomey for the Department of Health whose name appears below. Pursuant to §301(6) of the State Administrative Procedure Act, theDepartment, upon reasonable notice, wil provide at no charge a qualified interpreter of the deat to interpret the proceedings to, and the testimony of, any deaf person. Pursuant to the terms of N.Y. State Admin, Proc, Act (401 and 10 N.Y.C.R.R. §51.8(b), the Petitioner hereby demands disclosure of the evidence that the Respondent intends to introduce at the hearing, Including the names of witnesses, a Ist of and copies of documentary evidence and a description of physical or other evidence which cannot be photocopied. ‘At the conclusion of the hearing, the commitise shall make fin ‘conclusions concerning the charges sustained or dismissed, and in th charges are sustained, a determination ofthe penalty to be imposed or appropriate action tobe taken, Such determination may be reviewed by the Administrative Review Board for Professional Medical Conduct. ‘THESE PROCEEDINGS MAY RESULT IN A DETERMINATION ‘THAT YOUR LICENSE TO PRACTICE MEDICINE IN NEW YORK STATE BE REVOKED OR SUSPENDED, AND/OR THAT YOU BE FINED OR SUBJECT TO OTHER SANCTIONS ‘SET OUT IN NEW YORK PUBLIC HEALTH LAW §§230-2. YOU ARE URGED TO OBTAIN AN ATTORNEY TO. REPRESENT YOU IN THIS MATTER. DATE: Albany, NY May, 2018 ICHAEL A. HISER Deputy Counsel Bureau of Professional Medical Conduct,Inquires should be directed to: lan H. Silverman Assistant Counsel Bureau of Professional Medical Conduct [Coming Tower, Room 2512 Empire State Plaza Albany, New York 12237NEW YORK STATE. DEPARTMENT OF HEALTH. ‘STATE BOARD FOR PROFESSIONAL MEDICAL CONOUCT INTHE MATTER STATEMENT oF oF CHARGES THOMAS MYDOSH, M.D. “Thomes Mydoth, M.., the Respondent, was authorized to practice medicine in New York State on or about December 31, 1987 by he Issuance of icense number 173340 by the New York State Eéucation Department FACTUAL ALLEGATIONS A. Onorabout Juna 18, 2015, Respondent voluntary entered inlo Consent Order BPMC No. 15-180 (Orde?) with the New Yark State Board for Professional Misconduct ‘Board’. Respondent's conduct that gave rise tothe discipline centered around his restment and care of eight patients, Respondent discontinued his medical pracice without ging notice to these ight patients, without making ressonable arrangements fr the continuation ofthe patiants! medical care and{eiled to forward the patlnts medial records to thelr new medical provider despite many requests andlor attempts to have the records forwarded. By entering the Order, Respondent admited gut to abandoning or neglecting patient under and in need of Immediate professlonal care In lation of N.Y. Educ. Law §6530(30). The Order wes ‘approved by the Board on or about June 23, 2015 and became effective July 1, 2018, The ‘Order impesed, among other things, the following penaiies and conditions: 1. Accondtion that Respondent shall comply with Exhibit °C" ofthe Consent Agreement (CRequirenents fo Closing a Medical Practice Following Mecieal License Revocation, Surrender, Limitation or Suspension") 2. Acconditon that Respondent shall cooperate fully with OPMC in is administration and ‘enforcement of the Consent Order, and init investigation of all matters concering Respondent. Respondent was required to respond prompt to all OPM requests for “wtten periodic veriation of Respondents compliance with the terms ofthis Consent ‘Order. Respondent was also required to meet with a person designated by the Director 1of OPMC, and to promptly provide OPM with all documents and information within Respondents contro, as rected, 18. Respondert fais to comply wth the Board Order Inthe following ways: (1) Respondent fall to comply with the September 4, 2014 notice from OPAC stalfproviding Respondent witha writen Ist of patents who had contacted! OPMC: to obtaln a cepy oftheir medical records; (2) Respondent fllad to comply wth the June 19, 2015 notice from OPMC: staff Providing Respandents aitorey with two adeltonal patent names vho had requested medical ‘records from Respondent pursvant io Exhibit C ofthe Consent Order (3) Respondent flied to ‘comply with the June 30, 2015, letter from OPM staff requesting information inthe form of a “data sheet, the close of practice requirements and a close of practie checkist. ©. Since Augest 18, 2015 Respondent has not proved any paler record to any patient, nor has he complied with the requirements ofthe order that he fully cooperate with OPMC, Including responding promptly 1 atl OPMC requests lo provide writen perodic verification of is compliance with the terms ofthe order. sTION OF. iRST SPECI FAILURE TO COMPLY WITH AN ORDER Respondent's charged wth commiting professional misconduc as defined in N.Y. Educ {Law § 6590(15) by fang to comply with an order issued pursuant to subdvsion seven, Paragraph (8) of subdvsion ten of section two hundred thity ofthe public health law, 2s alleged inthe facts of: 1. Paragraph A,B, and C.TER NH RT Respondent's charged wih commiting profesional misconduct 2s defined In NL. Eve Low § 652029) by voatng eny term of probation er condtn orton imposed onthe ‘censee pursuant to secon we huncred tity ofthe public heath law, a8 alleged inthe facs of tho felowing 2, Thefacis in Paragraph A, B, and C. FICAT 1 TO PROV TO PATIEN ar Respondents charged with comyrittng professional misconduct as defined h N.Y. Educ. Law § 6520(40) by fang to provide access by quaifed persons to patient information in accaténce with he standards et forth in secon elghtoon ofthe publ hesth law, 2s aoged In the fais of ‘The facts in Paragraph A,B, end. DATE: May/l, , 2016 j New York 20FA. His ‘Deputy Counsel BBureal of Professional Medical ConductNEW YORK STATE DEPARTMENT OF HEALTH. 'STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT IN THE MATTER foe) ‘STATEMENT oF oF ‘THOMAS MYDOSH, M.D. cuances “Thomas Mydosh, M.., the Respondent, was authorized o practice medicine In New York. State on or about December 31, 1967 by the issuance of icense number 173340 by the New York State Education Department. FACTUAL ALLEGATIONS |A. On or about June 18, 2016, Respendent voluntarily entered into Consant Order BPM No. 15-160 (Onder) with the New York State Board for Professional Misconduct (‘Boar Respondents conduct that gave rise tothe dacipline centered around his treatment and care of eight patients, Respondent cacontinued his medical pracce without gving notice to these ight patents without making reasonable arrangements forthe continuation af the patients’ mesial care and flied to forward the patents! medical reccrds to their new medial provider despite many requests andlor atempts to have the record forwarded. ®y entering the Order, Respondent admited gult'o sbandoring or neglecting patient under and in need of immediate professional cae in volation of N.Y. Educ. Law §6590(30), The Order was ‘approved by the Berd an or about June 23, 2018 and became effective uy 1, 2018. The Creer imposnd, among other things, the following penalties and conditions: 1. A condi that Respondent shall comply with Exhibit *C" ofthe Consent Agreement (-Requirements for Closing a Medical Practice Felloving Medical License Revocation, ‘Surrender, Liniaton or Suspension.”) 2. Aconelion that Respondent shall cooperate fully wth OPMC in its administration and ‘enforcement ofthe Consent Order, and ints investyation ofall matters conceming Respondent. Respondent was required t respond promptly to all OPMC requests for witten period verfeation of Reepondentts compiance with thaterms of this Consent Order. Respondent was also requlred to meet witha person designated by the Director| 1of OPMC, and to promplly provide OPM with all documents and Infomation within Respondent's control, as drected, 1B. Respondent flied to comply withthe Board Order inthe fllowing ways: (1) Respondent {alled to comply withthe September 4, 2014 notice from OPMC staff providing Respondent ‘vith a wrten It of pallents who had contacted OPMC to obtain a copy of thelr medeal ‘records; (2) Respondent falled to comply with the Juné 19, 2015 notice from OPMC staff providing Respondent's atlorey wih two addtional palent names who had requested medical records from Respondent pursuant to Exhibit C of the Consent Order; (3) Respondent faled to comely with the June 30, 2018, lator from CPMC staff requesting informationin the form of a “data sheet, the close of practice requirements and a close of practice checkist. CC. Since August 18, 2015 Respondent has not provided any patient recor lo any patient, nor has he complied with the raqurements ofthe order that he fully cooperate wih OPMC, Inclucing respanding promply to all OPMC raquests to provide writin periace variation of his comtance with the terms of the order, FIRST SPECIFICATION FAILURE TO COMPLY WITH AN ORDER Responder is charged vith commiting profeslonel misconduct as defied in NY. Educ Law § 8530(15) by fang to comply with on order issued pursuant to subdivision seven, paragraph (a) of ubdhision ten of section two hundred tity ofthe public heath aw, 28 alleged Inthe facts of: 4. Paragraph A, 8, and C. SECOND SPECIFICATION VIOLATING ANY TERM OF PROBATION OR CONDITION OR UMTATION Respondent is charged with commiting professional misconduct as defned ia N.Y. Educ. ‘Law § 6520(20) by violating any tem of probation or condition or iitaion impased onthe 2icenses pursuant to section two hundred tity of the pubic health law, 2s alleged inthe facts of the folowing: 2. The facts in Paragraph A, B, and C. THIRD SPEGIFICATION -AILURE TO 70 | -ORM: RReepondentis charged with commiting professional misconduct a8 defined in N.Y. Educ. Law § €650(40) by fling 1o provide access by qualified persons to patient information in sccordence with the standards set foth in setin eighteon ofthe public health law, a8 alloged In the facts of: ‘2. The facts in Paragraph A, 8, ond C. EQURTHSPECIFICATION 8 0. COMPLY win (10m DOF ‘Respondents charged with commiting profesional misconduct ae defined in N.Y. Educ. Law § 6590(14) by elting Section 230 (10) (h) (ofthe Public Health Law, 2s alleged In the facts of 4, Tho facta in Paragraph A, 8, and C. onre: ane 2018 ‘Airy, Naw Yor chal A. His Deputy Counsel ‘Bureal of Professional Medical Conduct 3APPENDIX 2 ater ef Myo, MD. »NewyorK | Department | : Shur | of Health Puolie. [ANDREW M. CUOMO HOWARD A.2UCKER,MLO,.0. SALLY DRESLIN, MS, RM. Governor (Commision Enaoutve Deply Comisione: Jana 24,2016: ‘CERTIFIED MAIL-RETURK RECEIPT REQUESTED Toms F Mydosh, M.D Re, sense No, 173340, ‘Deere Myst Encosadis a copy othe Naw York Sine Boars for Profesional Macical Conduc (BPNC) Order No 16-190 This ore and any pana prowced tern goa ino efecl Jy 1, 2015. the paalyimponed! by this Orda «surrender, revocation of suspension you are require to liver your Meanee td rglaration within Mv (8) days of recep of tis Order oo ‘jaican Monlorvg Un, WYS DOH - PMC, Rvervdew Conta, Sulla 366,160 Broadway, Albany, WY taa2r. ‘you teanae is framed, please remove it trom the frame and only send tn parchment caaparshuloh yourname i ainies. Our oe i unaba to wtors framed icansas. ite documents) ave ot, mipiacad ot deskoyed, you a8 requ io aubt ths offen. an sufavi ts hat efec, Please compile and ln he fsa before a nolary pubic ad et 810 the (tesa Professional Metical Conduct. lense diet ny questo 0. YS 00H. OPMO, Riverview Center, Suite 385,150 Brosdvay, Abany NY 122082719, leone 8 (S1E}02 0855, Sheer, “Kaur A Hawtin, MD. 40. ‘xocsve Secretary Seer! or Protessoral Medial Conduct ce Richard M Hotaber, Esa. oberg Lm Fem 2826 Browreroh Goveved Rochester WY 14625 Enclose ep a a ar toe A ET yeBIN Ho. 15-160, NEWYORK STATE. DEPARTMENT OF HEALTH. STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT INTHE MATTER oF ‘CONSENT THOMAS F. MYDOSH, M.D. ORDER ‘Upon the application of (Respondent) THOMAS F, MYOOSH, MO. inthe attached ‘Consent Agreement and Order, which is made a part ofthis Consent Order, tis ‘ORDERED, that the Consent Agreement, and stems, are adopled and (tis further ‘ORDERED, that this Consent Orders be elective upon issuance by the Board, ner by malirg of copy of tis Consent Order, ether by fet ess mao Respondent at the addins inthe stached Consent Agreement ot by cried mato Respondents atemey, OR upon facsimile ansisson to Respondent or Respondents attomey, whichever et ‘SO ORDERED. DATE: __s/2u2016 ATAU 8, HENGERER, W.0. Chair ‘Stato Board for ProfessionalMedical Conduct1 NEW YORK STATE DEPARTMENT OF HEALTH SFRTE BOARD FOR PROFESSIONAL MEDIGAL CONDUCT TWTHE MATTER oF CONSENT, AGREEMENT ‘THOMAS F, MYDOSH, M.D. THOMAS F. MYOOSH, MLO, represents that ai of th folowing statements are we ‘Talon or about December 31, 1987, 1 wes lcensed to pracce as phyniian in the State of New York, and issued Lcense No, 173340 by tha New York Stata Education Deparment — cio tha Diectr of he Ofce of Professional Medial Condvtot any change of sites ‘understand ha he NewYork Sate Board for Professional Medical Conduct (Geary has charges me wih ane or mare specileaions of profesional misconduct as st for ina Statement of Charges, marked os Exh “AY, ached to and part of his Consent Agreement | ait uit tthe fst spectiatn in fa satistctn ofthe charges against me, and agiee tothe fotawing penal: My icons shal be susperded for an ndfinte period bet no es than 12 moins. stat'be subject toa cond hat comply wit attached Exhbt"C"(Requrements for Ccsng @ Metical Practze Folowing Medical Licnse Revecaton, Surender, Limitation orsuspension" Dn the pred of spent | shal be pened fo olance upon my eons practice medicine to were me fo he iene, corieatn or har ‘equrement toh sas or epuiaton forthe rata of any cer presion isons, eguitd, or cere byte Boa of Regen, Deparment of Edson, Deparment of Heat or he Deparment of ial, Upon comlance wi alike condions ct i Content Orde, btn sone than ¥2:monhs lor the oflecve dae of is conser Order, may peltlon he Gord ora Nedfestion Order staying te indete usperslon of my ears, understand and are: “That ny Median Order to Boer ayes, nthe exerci ox essonebio Aiscrton, may include ems of probation, enor farther condos on my practs That he Boar wil exer is resonable dsreton yon my pin for tmadcaton Order tough Commitee on Prfesina Conduct ater 8 proceeting whic have met burden of roo and persue, 2s uthar se fonnin tached Exh“ “That the Committoe's exercise of discretion shall not be reviewable by the Administrative Review Board; and | further agree that the Consent Order shall impos the fofowing conditions + That Respondent shal remain in continuous compliance with a coquitements of N.Y. Edue Law §8502 including, but nat fied to, the requirements that a icensee shall register and continue to be registered withthe Naw Yor State Education Sapartment nce! dng pros of si suspeneion) and that 2 censee shall pay al registration fees. Respondent ‘hall not exercise the oplion provided in N.Y. Educ Law § 6502(4) 1 avoid registration and payment of fees. This condtion shall ake effect 120 days, ‘her the Consent Order's effective date and wil continue $0 long 88 Respondent remains a icensee in New York State; and ‘Thal Respondent shall remain in continuous compliance with ail ‘requirements of NY. Pub, Health Law § 2896-a(4) and 10 NYCRR 1000.5, Including but not imited tothe requirements that a feensee shal: report to ‘he department al information required by the Department io develop & pubic physician profil forthe Keensee; continue to naty the department of ‘any change in prot information within 90 daye of any change (oF in the case of option itomation, within 265 days of such change; and, a addon to such period repos and notiteation of any changes, update his or ber profs formation within sx months porto the expraon date of the licensee's regavation period Ucensee shal submit changes to his orher shyskcan pote information either electronical using the departments secure web site or on forms prescribed by the departme 5 Beonsee shal attest to the trthilness, complateness and coreciness of any changes licensee submits othe department. This contan shall take eect 30 days aftr the Order's effective date and shall continue slong a8 Respondent remains a ficensee in New York State, Respondent’ failure to comply withthis condo, Hoven an fund at hearing pursuant to Pub, Heath Law § 230, shail constitute professional misconduct as defined in N.Y. Educ, Law § 6890(21) and N.Y, Educ. Law § 6530(29). Potential penalties for {aure to comply with this condition may include all penaties for professional rmisconduct set forth In N.Y. Pub. Health Law §230-2, nchuding but not Imited to: revocation or suspension of ieense, Censure and Reprimand, probation, public service andlor fines of up to $10,000 2er specification of misconduct found: and “That Respondent shall provide the Director, Ofice of Professional Medical Conduct (OPMC), Riverview Center, 150 Broadway, Suite 355, Albany, New ‘York 12204-2718, wth the folowing information, in wnting, and ensure that this information Is Kept current: 2 fll description of Respondent's ‘employment and practice 1 professlenal and reidentl addresses and telephone numbers within and ouside New Yor Sta; and alinvestiations, rests, charges, convictons or disciplinary ection by any local, sale or federal agency, instuon ofaciy, Respondent shall natty OPC, Ia eng, within 30 days of any ations to oF changes inthe requires Information. Tis condition aha ake effect 30 days ater the Order eftecive date and shal continue at al eras untl Responder: receives wien ication trom tha Office of Professional Medical Conduct, Physlclan Monitoring Program, that OPMC has determined that Respondent has flycompl with and sated th equtementolb Orey, regress of toting: and ‘That Respondent shal cooperate fully with OPMC in its adminiatration and ‘enforcement ofthis Consent Order and in its investigation ofall matters conceming Respondent. Respondent shall respond promply to all PMC ‘equesis for wrttan perio verification of Respondents compliance withthe tems of ths Consent Order. Respondent shall meet with a person {osignated by the Director of OPMC, and shall promptly provide OPMC with all documents and information within Respondents control, as directed. This condition shal take effet upon the Boar's Issuance ofthe Consent Order ‘and will continue s0 long as Respondent remains licensed in New York State | stipulate thet ny fare to comply with any condition of this Consent Order shalt const misconduct defined by N.Y. Edue. Law § 6590(29). 111 am charged with professional misconduct in futur, | hereby stipulate and agree that this Application and Consent Order, and/or related Modification Orders, shall be ‘admitted into evidence in that proceeding as part of the Department's casecin-chief, atthe sole diacretion of the Department. | ask the Board to adopt this Consent Agreement. | understand that if the Board does not adopt this Consent Agreement, nond of ts terms shall bind me or constitute an admission of any of the acts of aleged misconduct; Consent Agreement shall not be used against me in any way and shall be kept in strictsontdence nthe Boars ceil sha bo without peu to he panna dsnay proceeding and the Boar's final deternintion pursuant to the Pubic Heath Law, | agree tha, if the Board adopts tis Consent Agraement, te Char f the Board shal iasue a Consent Order in accordance with Its tam | agree that this Consent Order shal take effect upon Issuance by the Board, ether by mailing of # copy af he Consent order by frst class mailto me at he address in this Consent Agreement, o fo my attorney by sertiied mal, OR upon fasinile transmission to me or my ane, whichever set this Consent Order, this Gonsert Agreement, and all attached Exhibits shall be public documents, with only patient idntites, i any, redacted, As publ documents, they may Pe posted on the Department's watisite, OPMC shall por ths ation the Nation Prectitoner Data Benk and the Federation of State Medical Boards, and any other enliies that the Director of OPMC shall deem approntate. | stipulate thatthe proposed scion and Consent Order ae autorized by oY, Pub, Hosts Law §§ 230 and 220, and tha the Board or Prefeasonal Medical condet and the Ofce of Professional Medical Conduct have te equ powers 0 cary ‘uta included terms, | 38k the Board to adopt tis Consent Agreement of my own ree wit and not under duress, compulsion or restraint. n consideration othe value tome of the oate's adoption of tis Consent Agreement, lowing mato resale thie mater witout he various rks ané burdens of heang on he ests, knowingly waive my ight to cortest tne Consent Order for wich 1 apply, whether administatvely or ude, 9700 tbe pound by the Consent Order, and | ask thatthe Board adopt his Consent Agreement,sven an gre hte ata fr be Depart te Decor office of Prolesiona! Medical Conduct andthe Chal ofthe Sint Boord for Profesional Medial Conduct each retsin compel dlscreton either o enler nt the propenet sgreemeni end Consent Order, based upon my application, oro decline to do ee. further understand and agree that no pir or separeia writen or oral communication os Heit het croton, one lh“ dol THOWAG FMYDOSH. MD. RESPONDENT ‘inten recened by OF Festa sane Forme em tant Mp gh am‘Tho undengned agree asta Respondent's attached Consent Agreement ard 10 proposed penclty, terms and DATE, dig hic nre: 6" (Q-S° HH 280. ya Reser TEA DAMS soy Profestonal Medc! Conduct. a. = |W. SER ‘Offce af Professional Medical Conduct sive wan ee chy CFL Faetate a sane Fr ar cmanan we Hp rh