Newyork | Department otcatoury. | oF Health ANDREW M, CUOMO HOWARD A.ZUCKER, M.D, J.0. SALLY DRESLIN, MS. RN ‘Governor Commissioner Execute Deputy Commissioner Cclober 14, 2018 CERTIFIED MAIL-RETURN RECEIPT REQUESTED - wo. Dear Dr. Ver RE: License No, 163825 Enclosed isa copy of the New York State Board for Professional Medical Conduct (BPMC) Order No. 16-336. This Order and any penalty provided therein goes into effect October 21,2018. If the penalty imposed by the Order is a fine, please write the check payable tothe New York State Depatment of Heath. Noting the BPMC Order number on your remittance will assist in proper crediting. Payments should be directed to the folowing address: Bureau of Accounts Management New York State Department of Health Coming Tower, Room 2784 Empire State Plaza ‘Albany, New York 12237 Please direct any questions to: Board for Professional Medical Conduct, 80 Church Street, 4th Floor, New York, NY 10007-2918, telephone # 212-417-4446, Sincerely, Henry Spector, M.D. ‘Acting Executive Secretary Board for Professional Medical Conduct cc: Catherre Gale, Esa Gale, Gale & Hunt, LLC PO Box8527 Syracuse, New York 19217-8527 Enclosure [Er Si Ps, Coming Toes, Aan. NY 1225 bean. 900NEW YORK STATE DEPARTMENT OF HEALTH STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT INTHE MATTER BPMCNo. 16-336 oF EUGENE VER, MD. ‘CONSENT ORDER Upon the appscation of (Responden!) EUGENE VER, M.D. inthe attached Consent ‘Agreement and Order, which I made pat ofthis Consent Orde, i ‘ORDERED, that the Consent Agreement, and is terms, 8 adcpted aod Ris futher ‘ORDERED, that hie Consent Orde shallbe elective upon issuance bythe Bosc, ther by mating ofa copy ofthis Consent Order, either by fist cass mailto Respondent at the address in he attached Consent Agreement or by ceed mato Respondents attorney, OR ‘upon facsimile ransmission fo Respondent or Responderts atomey, Whichever fir 0 ORDERED, are; 1013/2016 Z —_—_—— ARTHURS. HENGEFER, MD. Chair Slate Board for Professional Metical Conduct1 NEW YORK STATE DEPARTMENT OF HEALTH STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT INTHE MATTER OF CONSENT AGREEMENT EUGENE VER, M.D. EUGENE VER, M.D., represents that all ofthe folowing statements are tru That on or about August 26, 1985, | was lcersed to practice as a physician in the ‘State of New York, and fssued License No, 163825 by the New York State Education Department, My curent 2¢3ess I 27 1 ill advise the Director ofthe Office of Professional Medical Conduct of any change of address. | understand thatthe New York State Board for Professional Medial Conduct (Board) has charged me wth one or more specications of professional misconduct, 28 set forth na Statement of Charges, marked as Exhibit A’, tached o and port ofthis Consent Agreement. | 40 not contest the specification, In ful satisfaction ofthe charges against me, end agree tothe fllowing penal Pursuant to N.Y. Pub. Heath Law § 230-2(1), I shal be subject to 9 Censure fend Reprimand.2 Pursuant to N.Y. Pub. Health Law §§ 230-a(7) and (9), | shall be subject 1 @ fing in the amount of One Thousand Five Hundred Dollars ($1,500.00), to be aid i ful within 30 days of the effective date of this Order. Payments must bbe submited to: Bureau of Accounts Management New York State Department of Health ‘Coming Tower, Room 2784 Empire State Piaza Albany, New York 12237 In making such payment, Respondent shal indicate the order number ofthis (Order both on the payment check submitted and on the cover letter ‘accompanying payment. Additionally, Respondent shall simultaneously mail 2 pholocopy of the check and cover letter to: Physician Mentoring Program Offce of Professions Medial Conduct Riverview Center 180 Broadway, Sute 355 Abany, Now York 12204-2718. Pursuant to N.Y. Pub. Health Law § 230-29), 1 shall be placed on probation for a period of 6 years, subject to the terms set fort in attached Exhibit "3."| further agree that the Consent Order shall impose the following conditions: ‘That Respondent shall comply with each and every penalty imposed by this ‘Order pursuant to N.Y. Pub. Health Law § 230-2, ‘That Respondent shall remain in continuous compliance with all requirements of N.Y, Ede Law § 6502 including but not irited to the requirements tata licensee shal register and continuo be registered with the Naw York Stale Education Department (except dung petiods of actual suspension) and that a licenses shal pay all epistraen fees. Respondent shall not exerese the option provided in N.Y. Ed. Law § 6502(4 to avold registration and payment of fees. This condition shall tke effec 120 days after the Consent Order's effective dete end will eontnue so lang 23 Respondent remains a licensee in New York State; and “That Respondent shal reiain in continyous compliance with all requirements of N.Y. Pub. Health Law § 2905-a(4) ane 1ONYCRR 10008, including but nol ited tothe requirements that a licensee shal report to the department all infomation required by the Department to develop a public physicion profile forthe icensee; continue to ncly the department of ‘any change in profile information within 30 days of any change (or in the4 ‘case of optional information, within 986 days of such change); and, in addition to such periodic reports and natifcation of any changes, update his ‘her profile Inforsation within six months prior to the expiralion date of thé licensee's regisration period, Licensee shall submit changes to his or her physician profile information either electronicaly using the departments secure web site or on forms prescribed by the department, and licensee shal attest tothe truthfulness, completeness and correctness of any changes licensee submits othe department. This condition shall take effect 30 days after the Order’ elfective date and shall continue so long as Respondent remains @ licensee in New York State. Respondent's failure to comply with this condition, if proven and found al a hearing pursuant to N.Y. Pub. Health Law § 230, shall constitute professional misconduct as defined in N.Y, Educ. Law § 6530(21) and N.Y. Edue, Law § 6530(28). Potential penatties for {allure to comply with this condition may include all penaties for professional misconduct set forth in N.Y. Pub, Health Law § 230-3, including but not limited to: revocation or suspension of license, Censure and Reprimand, probation, public service andlor fines of up to $10,000 per specification of ‘misconduct found: and ‘That Respondent shall provide the Director, Ofice of Professional ‘Medical Conduct (OPMC), Riverview Genter, 150 Broadway, Suite 365, ‘Atbany, New York 12204-2718, withthe folowing information, in wring, and5 censure that this information is kept curent: a fulldescipion of Respondent’ employment and practic; al professional and esidenilal dresses and telephone numbers within and outside New York State; and allinvestigations, arrests, charges, convictions or eisciplinary actions by any local, sate or federal agency, institution or fact. Respondent shal notfy OPMC, in \watig, within 30 days of any additions to or changes inthe required information, This conn shal ake effect 30 days after he Order's effective date and shall continue at al imes until Respondent receives writen notation from the Office of Professional Medical Concuct, Physician Monitoring Program, thet OPMC has determined that Respondent has fully complied with and sated the requlrements of the Order, regardless of tolling; and “That Respondent shall cooperate fuly with the Ofc of rofessionel Medical Conduct (OPM) ints administration end enforcement of his Consent Order and inits investigations of matters concerning Respondent, Respondent shall respond in a timely manner to ell OPMC requests for writen period verifcalon of Respondent's compliance wth this Consent Orr. Respondent shall meet with a person designated by the Director of OPMC, as directed. Respondent shall respond promply and provide all dcuments and infermation within Respondent's control, as directed. This condition shall‘ take effect upon the Board's issuance of the Consent Order and wil continue ‘0 long as Respondent remains licensed in New York State | stipulate that my failure to comply with any conditions of this Consent Order shall, constitute misconduct as defined by N.Y. Edue. Law § 6530(29). | agree that, if am charged with professional misconduct in fture, this Consent Agreement and Order shall be admitted into evidence in that proceeding. | ask the Boayd to adopt this Consent Agreement. | understand thatthe Board does not edopt this Concent Agreerient none ofits jemns shall bind me or constitute an admission of any of the acts of alleged misconduct; this Consent Agreement shall notbe used agains! me in any way and shall be kept in set confidence; and the Board's denial shall be vithout prejudice tothe pending dscplinary proceeding and the Boards final determination pursuant to the N.Y, Pub. Health Law. | agre thai the Board adopts his Consent Agreement, he Chair ofthe Board hall jsue a Consent Order in accordance with is terms. | agree thal his Censent Order shall take effect upon ils esuance by the Board, ether by maling ofa copy cf the Consent Order by ist class mailto me atthe address inthis Consent Agreement, orfo my attorney by cortied mal, OR upon facsimile ransmission fo me or my atomey, whichever rat ‘The Consent Order, his agreement, and al atached Exits shal be publ documents, with only patient identities, any, redacted. As public documents, they may be posted on7 the Departments website, OPMC shall report this action to the National Practloner Data Bank and the Federation of State Medical Boards, and any other enilies thatthe Director of OPMC shal deem appropriate | stipulate that the proposed sanction and Consent Order are authorized by NY. Pub, Health Law §§ 230 and 230-a, nd that the Board and OPMC have the requisite powers to caryy out allincluded terms. | ask the Board to adopt this Consent Agreement of ry own ee vill and not under duress, compuision or restraint. In consideration ofthe value to me o' the Board's adoption ofthis Consent Agreement, allowing me to rescve this mater withou: the various risks and burdens of a hearing on the merits, | knowingly waive my tight to contest the Consent Order for which | apply, whether administratively or udcialy, | ag'ee to be bound by the Consent Order, and | ask thatthe Board adopt this Consent Agreement. | understand and agree that the atorney forthe Department, the Director of OPMC land tne Chairof the Board each etsin complete dlsereion elter 1 enter nto the proposed agreement and Consent Order, based upon my application, orto dedtine fo da 0, further understand and agree thal no prior or separa witen or oral communication can limit that dscretion vate 0/29 [Ne UGENE VER, MD. - RESPONOENTa ‘The undersigned agree to Raspondent's atlached Consent Agreement and toits proposed perally, forms and conditions. care, fle 2 gall HERINE A, GALE, Alorney for Respondent DATE: Qchybe. 13, 20h ICHAEL A, HISER, ESQ. Deputy Counsel Bureau of Professional Medical Conduct A pate: olvalt(e ITH W. SERVIS, Director Office of Professional Medical ConductEXHIBIT “A”NEW YORK STATE DEPARTMENT OF HEALTH STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT IN THE MATTER STATEMENT oF ca cha EUGENE VER, M.D. me) EUGENE VER, M.D., the Respondent, was authorized to practice medicine in New York State on or about August 28, 1985, by the issuance of license number 163625 by the New York Stats Education Department. FACTUAL ALLEGATIONS A. On or abou May 11,2018, Respondent was convicted in the lrondequeit Town Court, County of Montoe, State of New York, of the crime of Driving while Intoxicated, ‘a misdemeanor, in voletion of New York Vehicle and Traffic Law Section 1192(03) “The conviction was based on Respondent's conduct on or about May 16, 2018, Respondent wae fines $500, and received a surcharge of an addtional $400,SPECIFICATION OF CHARGES (CRIMINAL CONVICTION Respondent is charged with commiting professional misconduct as defined in N.Y. Educ, Law § 6530(0)(aX) by having been convicted of commiting an act constituting a crime under New York state law as alleged in the facts of tho folowing: 1, The facts in Paragraph A, above. Qefbo 13 DATE:Soplamber 2018 ‘Albany, New Yor Michael A. Hise, E54, Deputy Caunsel Bureau of Professional Medical Conduct6 EXHIBIT "a" ‘Terms of Probation Respondent's conduct shal conform to moral and professional standards of conduct ‘and governing law. Any act of peofessional misconduct by Respondent as defined by N.Y. Educ, Law §§ 6530 ox 6531 shall consillue a violation of probation and may subject Respondent to an action pursuant to N.Y. Pub, Health Lew § 230(19). Respondent shall cooperate fuly vith, and respond ina timely manner to, OPMC requests to provide writen periodic veificaion of Respéndents compliance with the terms of this Consent Order. Upon the Director of OPMC's request, Respondent ‘hall meet in person with the Director's designee. Respondent’ failure to pay any monetary penalty by the prescribed date shall Subject Respondent to al provisions of law relating lo debt collection by New York Slate, including but not limited to: the imposition of interes, late payment charges ‘and collection fees; referral to the New York State Department of Taxation and Finance for collection, and non-renewal of permits or licenses [Tax Law § 171(27); State Finance Law § 18; CPLR § 5001; Executive Law § 32). “The probation period shall toll when Respondent is not engéiged in active médical practice in New York State for a patiod of 30 consecutive days or more. Respondent shall nol the Direcior of OPM, in wring, if Respondent is not ‘currently engaged in, or intends to leave, active medical practice in New York State for a consecutive 30 day period, Respondent shall hen nol the Director again at least 14 days before returning to active practice. Upon Respondent’ return to lacive praciice in New York State, the probetion perod shall resume and Respondent shall fil eny unfulfitéd probation terms and such additional requliements as the Director may impose as reasonably relate to the matiers set forth in Exhibit “A or as are necessary to protect Ihe public heath, “The Director of OPMC may review Respondent's professional performance. This review may include but shall not be limited to: a revisw of office records, patient records, hospital charts, ander electronic records; end interdews with or periodic visits with Respondent and staff al practice locations or OPMC offices. Respondent chall adhere to federal and stale guidetnas and professional standards of eare with respect to infection control practices. Respondent shall ensure ‘education, training and oversight of al office personnel involved in medical care, wilh respect o these practices.n ® 9 10) ” 12) 13) Respondent shall maintain complete and legible medical records that accurately reflect the evaluation and treatment of patients and contain all information requred by Slate rules and regulations concerning coniralled substances. Respondent shall enrol in and sucessfully complete a continuing education program in an area to be determined. This continuing education program is subject to the Director of OPMC’s prior witten approval and shall be successfully competed within the frst 80 days of the probation period. Respondent shall comply with this Consent Order and all is terms, and shall bear all associated compliance costs, Upon recelving evidence of noncompliance with, ot a violation of, these terms, the Director of OPMC andor the Board may inate a Violation of probation proceeding, andlor any other such proceeding authorized by law, against Respondent, Respondent shall remain free from alcohol and all other mood allering substancos other than those prescribed for Respondents treatment by a licensed health care professional aware of Respondent's history of chemical dependency and/or mental illness. Respondent shall not se-prescribe ny medicstions. Respondent shall remain active in self-help graups such as, but not limited to, [Narcotics Anonymous, Alcoholics Anonymous and Caduceus. Respondent shall notify all reating physicians of Respondents hislory of substance abuse. Respondent shall advise OPMC of any contrelled or mood-allering ‘substance gWven or prescribed by Weating health eare profession Beginning 30 days after the effective date of the Consent Order's, Respondent shall nol be permited to practice medicine exeept when monitored by qualified health care professional moniiors: a Sobriety Monitor, a Practice Supervisor, and a ‘Therapie, proposed by Respondent and approved, in wring by the Director of OPMC. Any medioal practice in violation of this term shall constitute the Unauthorized practice of medicine, \Within 7 days of learning an approved monitor is no longer wiling or able to serve, Respondent shall submit the name of @ proposed successor tothe Director of OPMC. Monitors shall not be family members or personal friends or bein professional relationships that would pose a conflict with monitoring responsibilities, AA monitors shall execute acknowledgment forms provided by OPMC certiying familianty with Respondents histor of substance abuse, with this Order and is terms, end acknowledging a wilingness to comply with the monitor's reporing responsibilities regarding Respondent's compliance with the terms of this Order.8) Respondent shall ensure that the monitors are familiar with Respondent's history of substance abuse and with the terms ofthis Order. Respondent shall cause the monitors to report any deviation from compliance with the terms ofthis Order to OPM, Respondent shall cause the monitors to submit required reports on a timely basis, ) Respondent shall submit to random, unannounced observed blood, breath, hair, andior urine screens for the presence of drugs and alcohol (hereafter “drug screen’), when requested by 8 monitor. The monitoring shallbe on a random, unannounced, drecty-observed, 7-day.a.week, 24-hour-s-day basis. Respondent shall repor for adrug sovesn within 4 hours of being contacted by a monilor. Monitors shall report io OPMC. immediately f Respondent refuses or delays a test ori atest Is postive for aleahol, or any other unauthorized drug or substance. Respondent shall avo all substances that may cause postive urine drug screens, such 28 poppy seeds, mouthwash of cough medicine. Any positive test result shall constiute violation of the terms of this Order. «) Respondant shall meet regularly with a Sobriety Monitor. During the first +12 months of monoring, Respondent shall eause the Sobriety Morifor to obtain drug screens ata frequency of no less than 6 times per month. If Respondent Is compliant throughout th first 12-month period, ‘subsequent drug screens shall be obtsined al a ttequency to be proposed by the Sobriety Monitor and approved by OPMC. Respondent shall ‘cause the Sobriety Monitor to submit quarterly reports fo OPMC certifying Respondent's sobrity or lack of sobrely. These reports are lo include forensically valid results ofall drug screens performed and an assessment of sel-help group (e.g, AYNACaduceus) attendance and ‘2-slep progress. 9) Respondent shal practice only when supervised in medical practice by a licensed physician (hereafter "Practice Supervisor). The Praclice Supervisor shall be on ste a al lovatlone, unlaee determined otherwice by the Dreotor of OPMC, and shall be ina positon to regularly obsarve and assess Respondent's medical practice. The Practice Supervisor sh ‘oversee Respondents compliance with the terms of practice Imposed by the Order and Respondents prescribing, administering, dispensing, {nventorying, wasting and disposal of controlled substances. Respondent shall cause the Praciloe Supervisor lo report to OPMC immediately any ‘suspected impairment, inappropriate behavior, questionable medical practice, possible misconduct, or vialaton by Respondent of any of the terms ofthis Order, Respondent shall cause the Practice Supervisor to submit quarterly reports to OPMC regarding the quality of Respondent's medical practice and prescribing practices, any unexplained absences:‘rom work, and certifying Respondent's compliance or detaling Respondents failure to comply with each term imposed ©) Respondent shall engage and continue in therapy with treating health ‘are professional (hereafter “Therapist’). Respondent shall cause he ‘Thorapist to submit a proposed treatment plan and quarterly reports 10 OPMC certifying whether Respondents in compliance with the treatment plan. OPMC, a ts discretion, may provide information or documentation from ls Investigative fies concering Respondent to Respondent ‘Therapist. Respondent shall cause the Therapist to report to OPMC Immediately i Respondent leaves treatment against medical advice or displays any symptoms of a suspected or actual relapse. Respondent shall cause the Therapist to notify OPMC, in writing, of any termination of treatment approved by the Therapist, no fess than 80 days prior to such termination, 14) _Atthe direction ofthe Director of OPMC, Respondent shall submit to evaluations by 8 board-certified psychiatrist, Icensed mental health practioner or other health cara professional or program designated by the Director (herealter “Evalyalor") Respondent shall provide the Evaluator with a copy of this Order and copies of all previous treatment records. OPMC, atts diseretion, may provide information or documentation {rom its Investigative files concerning Respondent to Resaondents Evaluator. The Evaluator shall report to the Director regarding Respondent's concition and finess or incapacity to practice medicine. Respondent shall comply vith all reatment recommendations based upon the evaluation; falure te comply 1th such treatment recommendations shall Consitute professionel misconduct. 19) Respondent shall enrol, or esntinue enrolment, in the Committee for Physician Health (CPH) and shall engage in a contract with CPH that defines the terms, conditons and duration of Respondents recovery program. Respondent shal comply with the contract. Respondent shal give writen authorization for CPH to provide the Director of OPMIC with al information or documentation requasted by OPMC to determine whether Respondent isin compliance withthe contract and with this Order, including ful access to all records malntained by CPH vith respect 4 Respondent. 2) Respondent shall cause CPH to report to OPMC promplly if Respondent refuses to comply with the contract, refuses to submit to treatment or if Respondents impairment is not substantially alleviated by treatment. ') Respondent shall cause.CPH to report immediately to OPMC ¥ Respondent is regarded at any time tobe an imminent danger to the publ.