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3 N.J.A.R. 23

Medical Assistance & Health Services, The Division of v. Dalglish, Lawrence, M.D
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Citation: 3 N.J.A.R. 23
Decision Date: 1981
Agency: BOARD OF MEDICAL EXAMINERS
Synopsis: The Division of Medical Assistance and Health Services sought to suspend the respondent, a licensed physician, as a provider of services in the Medicaid Program, pursuant to N.J.A.C. 10:49-1.17 which allows for the disqualification of individuals who have been convicted of a crime involving moral turpitude. The administrative law judge found that respondent's criminal indictments stemmed from his use of an illegal wiretap during the course of a bitter domestic squabble with his wife from whom he was subsequently divorced. By order of the Superior Court, the respondent was placed in a Pretrial Intervention Program in December 1980. The administrative law judge observed that N.J.A.C. 10:49-1.17, on which the proposed suspension of the respondent was based, calls for a disqualification of an individual who has been convicted of a crime of moral turpitude. Here, the judge noted, the respondent had not been convicted of a crime, but had been accepted into the Pretrial Intervention Program. Additionally, the judge found that the crime of which the respondent was accused was not one of moral turpitude since, viewed in its totality, it could not be described as 'an act of baseness, vileness or depravity,' State Board v. Weiner, 68 N.J. Super. 468,483 (App. Div. 1961, NULL, NULL, NULL); nor did the charge relate to the physician's practice of medicine. Accordingly, the administrative law judge concluded that respondent should not be suspended from his position as a Medicaid provider and ordered that his suspension be reversed. Ivan J. Punchatz, Deputy Attorney General for Petitioner (John J. Degnan, Attorney General of New Jersey, Attorney) Stanley J. Hausman, Esq., for Respondent
Citation Tracker modified-State Bd. of Ed.; affirmed -App. Div., A-4941-79, 11/8/82 (unreported) [Updated through 1991]