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1 N.J..A.R. 210

Medical Examiners, State Board of v. Doriety, M.D., James D
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Citation: 1 N.J..A.R. 210
Decision Date: 1980
Agency: BOARD OF MEDICAL EXAMINERS
Synopsis: Where, in violation of a 1978 Consent Order, a physician regularly imbibes alcoholic beverages during working hours and examines and treats patients having the smell of alcohol on his breath, he has engaged in 'professional misconduct' under N.J.S.A. 45:121(e), even if his mental and physical faculties are not noticeably impaired. However, such behavior, even when coupled with instances of questionable professional conduct does not amount to negligence or malpractice within N.J.S.A. 45:1-21(d). This professional misconduct warrants a license suspension of three months and a $1,000 fine. The same'physician's submission of fraudulent billings in violation of N.J.S.A. 45:9-6 and 45:9-16 warrants an additional license suspension of three months and a $200 fine. Joan D. Geiber, Deputy Attorney General for Petitioner (John J. Degnan, Attorney General of New Jersey, Attorney) John Montis, Esq., for Respondent