zat Departs nent fem | of Health ANDREW tt. cuoMO HOWARD A. ZUCKER, M.D. SALLY DRESLIN, IMS. LN. Governor ‘Acing Conmiosoner Executva Deputy Carlsloner ‘The Parinelo Law Fem, LLP ‘Willan T. Lawl, Ma J. Mathew Parinela, Esq. Fishidl Coreetional Facaly '36 West Main Stet Sulie 400 .0, Box 307 Rochester, New York 14814 ‘Beacon, New York 12508 Se ee a iis 2S. eons ARE: In the Matter of Witlam T. Lewok, M.D, Desr Parte: Enclosed please find the Determination and Ortor (No. 16-408) ofthe Hearing Committe in the above referenced matter. This Determination and Order shall be deemed ‘affective upon the receipt or seven (7) days after mating by ceriled mal es per the provisions of '5290, subdivision 10, paragraph (h) of Uwe New York Site PUBIC Heat Law. Five days aftr roceipt ofthis Onder, you wl be required fo delver tothe Board of Professional Madical Conduct your Icanse to pracice medicine together with te regietraion certieate. Delivery shal be by ellher corned mall rn person to: (Offc@.0f Professions! Medical Conduct ‘Now York Stale Department of Health Offcaof Protessionel Medical Conduct Riverew Contor 150 Breadway -Sults 355 Albany, New York 12204 1 your Keanse or registration certificate is lost, misplaced or Is whereabouts Is otherwise lunknown, you shall bmitan affidavit to that effet. WT subsequerly you locale the requestod lems, they must her be delivered tothe Office of Profssional Medical Conduct the manier noted above. ‘al a Pa, Cay Tone any WY MET‘As proscved by he New York Stata Publle Hoel Law §230, subdivision 10, paragraph {).{Wekinney Sup. 2045) and §230-c subdlvsions 1 through 8, (Meicnney Supp. 2016), "hs ‘detonation of» commtoe on professional medical conduct may be reviewed by the ‘Adminstrave Review Bcard for professional medical conduct” Either the leansaa or the ‘Department may seek a view of a committee determination. Request for review ofthe Commies determination by the Administrative Review Board ‘aye penalles car than suspenslan or rvocaton ntl fal determination by tet Board ‘Gamma erders are not nyo by Adminisbaive Review Board reviews. Al notices of review must be served, by certified mall, upon the Administrative Review ‘Board and the advarse party win fourteen (14) days of servics end recelpt ofthe enclosed Determination and Order. “The notes of ravew served onthe Administrative Review Board should be forwarded to: James F, Horan, Esq, Chef Administrative Law Judge ‘New York Stata Department of Health ‘Bureau of Adjucteation Review Centar 150 Broadway ~ Sulla 510 ‘Albany, New York 12204 ‘The parties shell hava 30 days frm the notice of appeal in whch fo Mle ther bie to the ‘Adminitrative Review Board. Six copies of al papers must also be sent to th eltenton of Me. Horan atthe above address and one copy othe oer party. The stipuaied record in is matior shall const of Be ofell hearing ransepl(s) and all documents in evidence. Parties wil be neifed by mall ofthe Administrative Review Board's Determination and Order Sincerely, of Adjudication PHcah Enclosure[STATE OF NEW YORK : DEPARTMENT OF BEALTH ‘STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT. VTHE MATTER DETERMINATION oF : a0 WILLIAM T. LEWEK, M.D. : onpen nome g1g-4ng GOPY ‘A hearing was held on November 17, 2016, ot the offices of the New York State Department ‘of Health (“Department”),' Pursuant to § 230(10)(¢) of the Public Health Law (“PHL”), JILL M. RABIN, M.D, Chaipenon, HEIDI B, MILLER, PA-C, M.RH, and JONATHAN ECKER, MD, daly designed members of the Site Bott for Profesool Medial Conduct, saved os the Hearing Commitee in hs mater. DAWN MacKILLOP-SOLLER, ADMINISTRATIVE LAW SUDGE (“ALL”), served a th Administrative Office. The Department apperel by David Quis Atsosinte Atorey. A Notice of Refral Proceeding and Stent of Cares ated Septer21, 206, were served upon Willie T. Lew, ‘M.D. ("Respondent")? J, Matthew Parinello, Esq. eppeared on behalf of the Respondent. The | ‘Respondent testified on his own behalf at the hesring via telephone from Fishkill Correctional Fecility. There were no other witnesses st the hearing. The Hearing Committee received and examined documents fom the Departnent ada senogaphic repre repared transept ofthe proceeding [Afer consideration ofthe cats recor the Hering. Commitee stsins the charge that the he ocaton of he enting was 150 Bred, Suite $1, Menta, New Yor tev ed Nt a Rater gn Seen Cg ul Cate Fe, £0 crayons ong wrt oar Peg ee Soe Cap Ld ‘deermined at ll equieena fr proper noice wore led uo he Board eid jrtition over be Respondent (Ebi), ‘Wii, Leet, M.D — Dire Refer 1Respondent commited professional misconduet, in violation of Educafon Law Educ. Law) § 6530(9\), by having been convicted of commiting et constituting mes under New Yor state law in his pes of guy to one eouat of Tampering with Physieal Evidence felony n violation of| New York State Penal Law §215.40(2, end one count of Driving While Ability Impaired by Drugs, 1 misdemeanor, in violation of New York Sate Veicle and Trafic Law § 1192(¢-). The Hearing Commies unanimously votes 3-0 to revoke the Respondent’ Hisense ta practice medicine in New Yor. BACKGROUND ‘The Department brought the case purmunt to PHL § 230(10\p), which provides for an expedited hearing when a registered provider or licensee is charged solely with a violation of Bac. [Law § 6530(9), Ia such cass, the charge of misconduct s bated upon ror ximinalconvtion in [New York State or another jurisdiction, or ypon a prior administrative adjudication regarding conduct tat would smount to professional misconduct, if commited ia New Yous. The Respondent {charge with two specifications of professional misconduct pursuant to Bde. Law §6530(8)(0))) ‘by having been convicted, on Febroary20,2015, of comumiting acs coestiutng ximes under New ‘Yor state In, in violation of Penal Law §§ 21540(2) end 1192(68). A copy ofthe Notice of ‘etrng und Statement of Charges ie tached to tie Determination and Order as Appendix I EINDINGS OF FACT ‘These Findings of Fact were made by the Hearing Committe afr a review of the recordin ‘this matter, Under PHL § 230(10) the Department had the burder of proving its case by preponderance ofthe evidence. The references in brackets refer to exhibits “Ex. or transcript page ‘numbers ["T."] The following findings and conclusions are the unanimous determinations ofthe Hearing Committe: Wiig, Lew, MD, Die Refer 21, William T, Lewek, M.D., the Respondent, was licensed to practice as « physician on | Marc 30, 1979, by th smmace of iense number 137798 by the Bévcation Deparment. (Ex. 3]. 2. On February 20,2015, the Respondent was conviced, in Monroe County Supreme and ‘County Court, following his plea of guilty to Tampering with Physical Evidence, a felony, in violation of Penal Law § 715402), Sentencing the felony charge included incarceraton fe «pciod fone yee and fourmonths to four years and payment of fine wit fees anda surcharge inthe ameunt of $5,375.00. [Ex. 4]. 3. On February 20, 2015, the Respondent was convicted, in Monroe County Supreme and County Cour, flowing his plee of pully to Driving While Ability topaied by Dros, « ‘misdemeanor, in violation of Penal Law § 1192(4-a). Sentencing on the misdemeanor charge included. probation for a period of three years, installation of an ignition interlock device, and payment of & fine with fees and surcharges in the amount of $895.00. (Ex. 5]. ‘MOTE OF THE HEARING COMMITTEE FIRST SPECIFICATION ‘The Respondent violated New York Edue, Law § 6530(9}(¢)({) by having been convicted of comtng an act constituting» crime under New York state law. VOTE: Sustained (3-0) SECOND SPECIFICATION ‘The Respondent violated New York Ee. Law § 6530(9()() by having been convicted of commiting an ct constuting «crime under New York sats lw. VOTE: Sustsined (3-0) ian , Leet MD. - Diet Refer 3(CONCLUSIONS OF LAW ‘The Responds’ cone involved the renova of deceted body fom bis hme en concealment of it in his backyard for a period of months, which resulted in a felony tampering with | physical evidence conviction. The Respondent alao operated « motor vehicle while impaired by drugs, ich ended namiadenanorconvaon. These convictions, which constinted crimes unde New Yok vate ew, moun to pool misconduct at defied in New Yor Bde. Law § 62065, Aa suc, eo speccaons of misono conned in te Siena of Charges ofthis ceding a uta (Ex. 1) ‘he Homing Conmites considered the fill serum of peaes eal by ete, Incig evsaioneupmcioa ster pbuton, centre and rpinend, sd ington af monsty penis and oud th the sutund apecenion inaved he Respendent's every yu element | ni Pecticulerly troublesome to the Hearing Committee was the Respondets conduc a bow he unde te unfornae event ht led toe felony cage, nding not seeking matical soc er dacovrig te body, licement of te boty ude is hone, a flog to eportthe aden frees wo ments en proving ayo ae snd tretien! to paens wit is home. This ee ud tetiont pars even daring n ongoing tovegnin aloe even, which elon "sigs” pled inte Responders sightrhaod son he otf his house” Ex. 1, 3.4, ‘The evidence edad the Respondents ints fation on he te he provided oh pie a how they wee the pinay fet in sie, Under te pees of beng deed, however, the evidence also showed the Respondent's boundary problems in the merging of his patent’ paehane ines and condtns wit his own In his efctv dpm: o conn to tan 7, Le MLD. inet Rafe rtreader care to paiets within his home inthe aftermath ofthe crime, the Hearing Committee nated the Respondent's wilingness to exploit his patients for his own benefit. [T.30, 37,40, 41, 53, 6, 65, 67-68), ‘The Hearing Committes considered the Respondent's long-lasting history |. Inded, ths Respondent admited to en ongoing probe whieh, util bis incarceration, had remained untreated, The Respondest also scknowledge! SS taking prescription medications for vious medial allman, The evidence showed tat these acts ulinatly lead upto the Respondent's Driving While Abity impaired by Drog misdemeanor conviction (Ex. C ‘The Heving Commit took note of the Respondents high level of education, sigsficant number of certifications and professional schievencn:s, NIN «28 he etrent that hoi recaving while incarcerted, Also considered we the Respondent's ettorey's argument that similar to the Respondent, “quite a lot of people in this world.,.receiv@IE treatment, that havegibealth issues that can be professionels, that can help other people” The Hearing Commitee concluded that despite these factor, the Respondent sMoeeds ere competing end wil outst ‘While the Respondent should be commended for his current{EM efforts, the evidence showed tha prior to his jal erm, he never ook any Eon is on ‘The Hearing Commie ageed vith the il term. (T 83}. Department that the Respondent's markedly impaired judgment lading to the cciminal offenses placed his patientsat risk for psychological and physical ham and as such, his license to pratce as physician must be revoked. [T. 13]. ‘Wiln T. Levek, MD.~ Dir Rea 5ees 1 Paresras ORDER ITS HEREBY ORDERED THAT: 1," The apecficalons of profesional misconduct, ox st forth nthe Statement of Cherges, | SUSTAINED: 2, Tee Respondent's Ucense to praca as w physician in New York state is herby’ REVOKED: 4. This Determination and Onder shall be effective upon serves on the Responder. Service| shal be clther by cated wal or upon the Respondent at his ast known adress and such service shall be effesive upon receptor seven days ar mallng by certified mall, whichever caller, ny persnel service and su service shall be efictive upon reetp. TO: The Pacrnelo Law Firm, LLP J.Matthew Perrnalo, Eq. 36 West Main Srect Suite 400 Rochester, New York 14614 ‘Willa 7. Lewel, MD. Fahl Corea! Facility 2.0, Box 307 ‘Bescon, Now York 12508 AN RC- ht ‘William T. Lowe, M.D. — wan, Lone, 0, ~ Oba RoeDavid Quist, Bag, ‘Associate Counsel ‘Burem of Professional Medical Conduct Coming Tower Building ~ Room 2512 Empire State Plaza Albany, New York 12237 Wil T. Le, MLD. — Diet ReferAPPENDIX INeW YORK STATE DEPARTMENT OF HEALTH /STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT INTHE MATTER oF WILLIAM T, LEWEK, M.D. Flchkll Correctional Facity PO Box 307 Beacon, NY 12508 ATTN IRC. a PLEASE TAKE NOTICE THAT: ‘An adjudleatary preceeding wil be held pursuant tothe provisions of N.Y, Pub, Health ‘Law §230(10}(p) and NY. State Admin, Proc. Act §§301-307 and 401. The proceeding wil be [conducted before # commiee on professional conduct of the Stste Board for Professional ‘Meieai Conduct (Commitee) on November 17, 2018, at 10:30 a.m. atths ofices of the Naw ‘York State Department of Health, Riverview Center, 150 Broadway, Suite 510, Menands: (Aibary), NY 122042719. ‘Atthe proceeding, evince wil be received concerning the aleations set forth inthe Statement of Charges, which Is attached, A stenogrephic record ofthe proceeding willbe made and the witnesses atthe proceeding willbe swom and examined. ‘You may appea'in person atthe procaecing and may be represented by counsel who shall be an attomey adnited to practice In New York stata, You may produce evidence or sworn tealimany on your behat, Such evkdence or evtom testimony shal be ebay ited to evidence and testimony relaling to the nature and saver ofthe penalty tobe imposed upon the licensee, Where the charges are based on the conviction of stale law crimes in ther juriscltons, evidence may be offered which would show thatthe conviction would not be ‘rime in New York Ste, The Commies laa may fit the number of witnesses whnese testimony willbe received, 23 well as te length of ime any witness wil be permited to testy. \Myouintend te present sworn testimony, he number of winesses and an estimate of tho time necessary for thelr cect exainination must be submited tothe New York Sate 1 Fer GPS purpones,ener"Mesand", ot Albany". PaesDepartment of Heath, Divison of Lege Afar, Bureau of Aduscation, Riverview Cantar, 180, ‘Broadway - Sule 610, Albany, NY 12204-2718, ATTENTION: HON, JAMES HORAN, DIRECTOR, BUREAU OF ADJUDICATION (Telephones: (516-402-0748), (henceforth "Bureau ‘of Adjudloallor’) es weil as the Department of Health attorney indicat below, no Inter than twenty days prior to the scheduled dato of the Referral Processing, es Indlcted above, Pursuant tothe provisions of N.Y. Pub. Heth Law §230(10}(), you shal fs @ wtten answer to exch of the cherges and allegations in tha Statement of Charges at east tan days loro the dato ofthe hearing. Any charge or allegation net so enswared shall be deemed ‘edited. You may wih to seek the advice of counsel prior toiling auch answer, You may sleo fo a wren tet and ofidaits with the Commitee, All suchdocumenta shal be fed with the Bureau of Adjudication, atthe adtress Indicated above, end copy shell be forwarded tothe attomey fr the Department of Health whose name appears below, atleast ton days prior othe date ofthe hearing. Should te parties have objection() to proposed witnesses or documentary cevidenca, the party raising the cbjecton() shall contact the Bureau of Adjudication atleast three days prior to tha hearing date to arange fora pre-hearing conference withthe Administrative Law Judge, rorto the hearing dat, Not ater than tan days prior tothe dale ofthe Hoare, you are required to fa one copy of your proposed exis (any) with the Bureau of Adjudication a the address incated above, and a copy ofall such documentslexhits must be gerved on the same date on the Department of Heath atlomey indlested below, On the day ofthe hesrng, you are also required to provido the eriginal of auch avhibite and three copes. foruse by the Commit, ‘Purauant to §301(5) of he State Administrative Procedure Act, the Department, upon reasonable netce wll provide at no charge @ qualified interpreter ofthe deaf to Interpret the proceedings fo and the tastimory of, ny deaf person, Pursuant tothe terms of NY. State Admin. Proc. Act §401 and 10 N.Y.C.RLR. $51.8(0), the Petitioner hereby demands ciaclosure ofthe evidence thatthe Respondent Intends to Introduce atthe hearing, Including the names of wtnesses, Hit of and copies of documentary evidence atd a desertion of physical or other ‘avidance which cannot be photocopied, YOU ARE HEREBY ADVISED THAT THE ATTACHED CHARGES WILL BE MADE PUBLIC FIVE BUSINESS DAYS AFTER THEY ARE SERVED. Department tore ial Page 2a“The proceeding mays held whether or not you appeer. Please notethat requests for adjourmerts mustbe made in wring tothe Bureau of Adjucicaton, a he acres incated | ‘sbove, wih 2 copy ofthe request to the atomey forthe Department of Haeth, whose nama appears below, at least fe days prior to the scheduled dat ofthe proceeding Adjoument raquosts are net routinely granted. Clams of court engagemant wil require detaled affdevis of actual engegemant. Cisime of ness wl require medical decumentallon. Faure to oblan an attomey within # reasonable perl of te prior lathe proceeding wal not be grounds for an ‘adjournment. “The Comrnties wil pake a writen report of Rs dings, cancusions 9s to gui and a tieisrmination, Such deterrinstion may be reviewed by the administrative review bosrd for professionel medical conduct, ‘THESE PROCEEDINGS MAY RESULT INA DETERMINATION THAT YOUR LICENSE TO PRACTICE MEDICINEIN NEW YORK STATE BE REVOKED OR SUSPENDED, ANDIOR THAT YOU BE FINED OR ‘SUBJECT TO OTHER SANCTIONS SET OUT IN NEW YORK PUBLIC HEALTH LAW §§230-a. YOU ARE URGED TO OBTAIN AN ATTORNEY TO REPRESENT YOU IN THIS MATTER. DATED: Albany, New Yor ‘September, 2018 MICHAEL A. HISER Deputy Counsel Buread of Professional Medical Conduct Inquires should be addressed to: Pagar‘David W. Quist ‘Associata Altorey ‘Bureau of Professional Medica! Conduct Gorning Towar ~ Room 2512 ‘Emple Siate Plaza ‘Abbary, NY 12237 (318) 473-4282 PagetNEW YORK STATE, DEPARTMENT OF HEALTH | STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT INTHE MATTER STATEMENT oF ey WILLIAM T. LEWEK, M0, ee! WILLIAM 7. LEWEK, MO. the Respondent, was authorized to practice medicine In New York State on or abcut Merch 30, 1979 by the issuance of leensa number 137798 by the New York State Education Department. FACT TO! A. On or about February 20, 2018, Respondent plead gully to, and was accordingly convicted, of one count of tampering with physical evidence, a felony In vilaton of New York State Penal Law section 215.40(2). The conviction resulted from Respondent's removal of a dead body from his house and his concealment of that body in the back yard. Respondent was sentenced to incarceration fora period of 16 {0.48 months and wae required to pay fins, fees and penalties in the amount of ‘approximately $5,375. 8. Onor about Fabmuery 20,2018, Respondent was conted of one count of Orving Wile Abit Impaired ty Drag, a misdemeanor, in vation of New York Stata Vehice| and Traffe Law seclon 1182(4-2). Respondent was sentenced to probation for = peed of tres years, was required ta natal an ignition iteock devee, and was 1 Poo sot?recuired to pay finea, foes and surcharges In the amount of epproximstely $895, Respondent's driver's leense was slso revoked for a period of one year IFICATION OF cH [RST AND SECOND SPECIE rangandent i chagohath caret preesl mecendutes dened ln NY, Educ, Law § 6530(9)(a)_)) by having been convicted of committing an act constituting & cera Ne Yr sai aw alg inthe fos the folowing 4, The facts In Paragraph A. 2. The facts in Paragraph B. DATE:September,J-{,2016 ‘Albany, New York ICHAEL A. HISER Deputy Counsel ‘Bureau of Profes onal Medical Conduct