In order to avoid the delay and expense of further proceedings and to promote the best

Transcription

1 State of New Hampshire Board ofmedicine Concord, New Hampshire In the Matter of: Erol Onel, M.D. No.: (Misconduct Allegations) SETTLEMENT AGREEMENT In order to avoid the delay and expense of further proceedings and to promote the best interests of the public and the practice of medicine, the New Hampshire Board of Medicine ("Board") and Erol Onel, M.D. ("Dr. Onel" or "Respondent"), a physician licensed by the Board, do hereby stipulate and agree to resolve certain allegations of professional misconduct now pending before the Board according to the following terms and conditions: 1. Pursuant to RSA 329:17, I; RSA 329:18; RSA 329:18-a; and Medical Administrative Rule ("Med") 206 and 210, the Board has jurisdiction to investigate and adjudicate allegations of professional misconduct committed by physicians. Pursuant to RSA 329:18-a, III, the Board may, at any time, dispose of such allegations by settlement and without commencing a disciplinary hearing. 2. Pursuant to RSA 329:17-c and Med , the Board also has jurisdiction to proceed with a reciprocal proceeding against a physician upon receipt of an administratively final order from the licensing authority of another jurisdiction which imposed disciplinary sanctions against the physician. 3. If a reciprocal proceeding were conducted, the Board would be authorized to impose any disciplinary sanction permitted by RSA 329:17, VI; RSA 329:17-c; and Med 41O.01(b) 1

2 4. The Board first granted Respondent a license to practice medicine in the State of New Hampshire on August 4, Respondent holds license number The Respondent had been practicing urology and urological surgery at Andover Urology Associates ("Andover Urology") in Andover, Massachusetts until November 24, Due to the complaint against him, Respondent was placed on unpaid administrative leave at that time. 5. On December 1, 2004, Dr. Onel informed the Board that he had entered into a Voluntary Agreement Not to Practice Medicine with the Massachusetts Board of Registration in Medicine ("Massachusetts Board"). The Massachusetts disciplinary proceedings arose from a complaint from a former patient alleging inappropriate physical contact that was sexual in nature and the resulting criminal charge of indecent assault and battery. Dr. Onel entered into a Voluntary Agreement Not to Practice Medicine in New Hampshire on December 13, In response to this, the Board conducted an investigation and obtained information from various sources pertaining to Respondent's alleged inappropriate physical contact with patients and his criminal case. 7. If disciplinary proceedings were commenced, Hearing Counsel would prove that on February 20, 2008, a final administrative order ("Order") was issued against Respondent by the Massachusetts Board. The Order resolved disciplinary matters pending before the Massachusetts Board. Pursuant to the Order, Respondent's Massachusetts license to practice medicine was revoked. Respondent may not apply 2

3 N.H. Board ofmedicine and Erol One!, M.D. to have his Massachusetts license reinstated for a period of five years from the date of the Order. 8. In order to avoid the delay and expense of further proceedings and to promote the best interests of the public and the practice of medicine, the Board and Respondent agree to settle certain allegations of professional misconduct, which arose in the Commonwealth of Massachusetts and are now pending before the Board, by means of a reciprocal discipline proceeding, in accordance with the following tenus and conditions. 9. As a basis for proceeding against Respondent, the Board states the following: A. On February 20, 2008, the Massachusetts Board issued a final administrative order regarding the disposition of disciplinary matters relating to reported inappropriate physical contact with patients that was sexual in nature. Respondent chose not to contest these reports at a hearing. B. The Massachusetts Board concluded that Respondent had violated M.G.L. c 112, 5(c) and 243 CMR 1.03(5)(a)3, in that he engaged in conduct that places into question his competence to practice medicine, including, but not limited to gross misconduct. C. The Massachusetts Board found that Respondent had violated 243 CMR 1.03(5)(a)(18), in that he committed misconduct in the practice of medicine. Respondent was also found to have engaged in conduct that undermines public confidence in the integrity of the medical profession or lacks good moral character in violation of the standards set forth in Raymond v. Board of 3

4 Registration in Medicine, 387 Mss. 708 (1982), and Levy v. Board of Registration in Medicine, 378 Mass. 519 (1979). D. On March 20, 2007, Respondent's indecent assault and battery charge was continued without a finding for two years. This matter was resolved without a criminal conviction in that Respondent admitted that if the Commonwealth could prove the facts as alleged, it would warrant a finding of indecent assault and battery. He was placed on supervised probation. E. On March 3, 2008, the Board received notification of the Massachusetts Board's final administrative order. 10. Respondent agrees that by the above stated conduct, he violated the provisions of RSA 329:17, VIed); and The Code of Medical Ethics of the American Medical Association, Standard Respondent acknowledges the Board's authority to impose reciprocal discipline against him, pursuant to RSA 317:17-c and Med and based upon the final administrative order of the Massachusetts Board which imposed discipline against him. 12. Respondent consents to the following disciplinary and reciprocal action by the Board: A. Respondent's New Hampshire license is REVOKED. Respondent may not reapply for his New Hampshire license for a period of five years. This revocation will run concurrent to the Massachusetts revocation and will be retroactive from February 20,

5 B. Within ten (10) days of the effective date of this agreement, as defined further below, Respondent shall furnish a copy of the to any current employer for whom Respondent performs services as a physician or work which requires a medical degree and/or medical license or directly or indirectly involves patient care, and to any agency or authority which licenses, certifies or credentials physicians, with which Respondent is presently affiliated. 13. Respondent's breach of any terms or conditions of this shall constitute unprofessional conduct pursuant to RSA 329:17, VI (d), and a separate and sufficient basis for further disciplinary action by the Board. 14. Except as provided herein, this shall bar the commencement of further disciplinary action by the Board based upon the misconduct described above. However, the Board may consider this misconduct as evidence of a pattern of conduct in the event that similar misconduct is proven against Respondent in the future. Additionally, the Board may consider the fact that discipline was imposed by this Order as a factor in determining appropriate discipline should any further misconduct be proven against Respondent in the future. 15. This shall become a permanent part of Respondent's file, which is maintained by the Board as a public document. 16. Respondent voluntarily enters into and signs this and states that no promises or representations have been made to him other than those terms and conditions expressly stated herein. 5

6 17. The Board agrees that in return for Respondent executing this, the Board will not proceed with the formal adjudicatory process based upon the facts described herein. 18. Respondent understands that his action in entering into this is a [mal act and not subject to reconsideration or judicial review or appeal. 19. Respondent has had the opportunity to seek and obtain the advice of an attorney of his choosing in connection with his decision to enter into this agreement. 20. Respondent understands that the Board must review and accept the terms of this. If the Board rejects any portion, the entire Settlement Agreement shall be null and void. Respondent specifically waives any claims that any disclosures made to the Board during its review of this have prejudiced his right to a fair and impartial hearing in the future if this Settlement Agreement is not accepted by the Board. 21. Respondent is not under the influence of any drugs or alcohol at the time he signs this. 22. Respondent certifies that he has read this document titled. Respondent understands that he has the right to a formal adjudicatory hearing concerning this matter and that at said hearing he would possess the rights to confront and cross-examine witnesses, to call witnesses, to present evidence, to testify on his own behalf, to contest the allegations, to present oral argument, and to appeal to the courts. Further, Respondent fully understands the nature, qualities and dimensions of 6

7 N.H. BoardofMedicine and Erol Onel, M.D. these rights. Respondent understands that by signing this, he waives these rights as they pertain to the misconduct described herein. 23. This shall take effect as an Order of the Board on the date it is signed by an authorized representative of the Board. FOR RESPONDENT Date:_~-,- --,,-,-,---.:. Date: --'-_-+ Eral Onel, M.D. Respondent Michelle Peirce, Esq. Counsel for Respondent FOR THE BOARD/* This proceeding is hereby terminated in accordance with the binding terms and conditions set forth above. ]?CN'NU!A-VLOK.. (Print or TyplName) Authorized Representative of the New Hampshire Board of Medicine 7