XAVIER BECERRA Attorney General of California

2 MARY CAIN-SIMON Supervising Deputy Attorney General

3 HAMSA M. MURTHY Deputy Attorney General

4 State Bar No. 274745 455 Golden Gate A venue, Suite 11000

5 San Francisco, CA 94102-7004 Telephone: ( 415) 510-3495

6 Facsimile: ( 415) 703-5480 E-mail: Hamsa.Murthy@doj.ca.gov

7 Attorneys for Complainant

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BEFORE THE MEDICAL BOARD OF CALIFORNIA

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against:

Bernard Wesley Bentley, M.D. 715 Bayshore Drive Apt 406 Fort Lauderdale, FL 33304

Physician's and Surgeon's Certificate

Case No. 800-2019-056351

ACCUSATION

16 No. G 52706;

17 Respondent.

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PARTIES

1. Christine J. Lally (Complainant) brings this Accusation solely in her official capacity

as the Interim Executive Director of the Medical Board of California, Department of Consumer

Affairs (Board).

2. On April 11, 2016, the Medical Board issued Physician's and Surgeon's Certificate

Number G 52706 to Bernard Wesley Bentley, M.D. (Respondent). The Physician's and Surgeon's

Certificate was in full force and effect at all times relevant to the charges brought herein and will

expire on July 31, 2021, unless renewed.

II

(BERNARD WESLEY BENTLEY, M.D.) ACCUSATION NO. 800-2019-056351

JURISDICTION

2 3. This Accusation is brought before the Board, under the authority of the following

3 laws. All section references are to the Business and Pr9fessions Code (Code) unless otherwise

4 indicated.

5 4. Section 2227 of the Code provides that a licensee who is found guilty under the

6 Medical Practice Act may have his or her license revoked, suspended for a period not to exceed

7 one year, placed on probation and required to pay the costs of probation monitoring, or such other

8 action taken in relation to discipline as the Board deems proper.

9 5. Section 2234 of the Code provides that the Board shall take action against any

IO licensee who is charged with "unprofessional conduct," which includes but is not limited to,

11 "[v]iolating ... any provision of this chapter."

12 6. Section 2305 of the Code provides, in pertinent part, that the revocation, suspension,

13 or other discipline, restriction, or limitation imposed by another state upon a license to practice

14 medicine issued by that state, or the revocation, suspension, or restriction of the authority to

15 practice medicine by any agency of the federal government, that would have been grounds for

16 discipline in California, shall constitute grounds for disciplinary action for unprofessional

17 conduct.

18 7. Section 141 of the Code provides:

19 (a) For any licensee holding a license issued by a board under the jurisdiction of the department, a disciplinary action taken by another state, by any agency of the

20 federal government, or by another country for any act substantially related to the practice regulated by the California license, may be a ground for disciplinary action

21 by the respective state licensing board. A certified copy of the record of the disciplinary action taken against the licensee by another state, an agency of the

22 federal government, or another country shall be conclusive evidence of the events related therein.

23 (b) Nothing in this section shall preclude a board from applying a specific

24 statutory provision in the licensing act administered by that board that provides for discipline based upon a disciplinary action taken against the licensee by another state,

25 an agency of the federal government, or another country.

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(BERNARD WESLEY BENTLEY, M.D.) ACCUSATION NO. 800-2019-056351

8. Section 2236 of the Code provides that the conviction of any offense substantially

2 related to the qualifications, functions, or duties of a physician and surgeon constitutes

3 unprofessional conduct.

4 FIRST CAUSE FOR DISCIPLINE

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(Discipline, Restriction, or Limitation Imposed by another State)

On May 30, 2019, the New York State Board for Professional Medical Conduct (New

7 York Board) entered a Surrender Order, attached herewith as Exhibit A, ordering Respondent to

8 surrender his license as a physician, and providing that his name be stricken from the roster of

9 physicians in the State of New York. The surrender was based on respondent's criminal

1 O convictions for grand larceny, as set forth in Paragraph 11.

11 10. Respondent's conduct and the ensuing disciplinary action of the New York Board, as

12 set forth above, constitute cause for discipline, pursuant to section 2234 and/or section 2305

13 and/or section 141, subdivision (a) of the Code.

14 SECOND CAUSE FOR DISCIPLINE

15 (Criminal Conviction as Unprofessional Conduct)

16 11. On April I, 2019, respondent was convicted in the Supreme Court ofthe State of

17 New York for the County of New York, upon his guilty plea, of one count of grand larceny in the

18 first degree and one count of grand larceny in the third degree.

19 12. Respondent is thus subject to disciplinary action under Code sections 2234 and/or

20 2236 for conviction of a crime substantially related to the qualifications, functions, or duties of a

21 physician and surgeon.

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(BERNARD WESLEY BENTLEY, M.D.) A CCU SA TION NO. 800-2019-056351

II

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4 PRAYER

5 WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged,

6 and that following the hearing, the Medical Board of California issue a decision:

7 1. Revoking or suspending Physician's and Surgeon's Certificate Number G 52706,

8 issued to Bernard Wesley Bentley, M.D.;

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2. Revoking, suspending or denying approval of Bernard Wesley Bentley, M.D.'s

authority to supervise physician assistants and advanced practice nurses;

3. Ordering Bernard Wesley Bentley, M.D., if placed on probation, to pay the Board the

costs of probation monitoring; and

4. Taking such other and further action as deemed necessary and proper.

DATED: MAR 1 1 2020 ~~~~~~~-

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(BERNARD WESLEY BENTLEY, M.D.) ACCUSATION NO. 800-20 I 9-056351

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EXHIBIT A

Surrender Order of New York State Board for Professional Medical Conduct

and related documents

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(BERNARD WESLEY BENTLEY, M.D.) ACCUSATION NO. 800-2019-056351

4 WYORK TE Of ORTUNITY.

ANDREW M. CUOMO Governor

Department of Health

HOWARD A. ZUCKER, M.D., J.D. Commissioner

CERTIFICATION

STATE OF NEW YORK ) . ss:

COUNTY OF RENSSELAER)

David A. Epting, being duly sworn, deposes and says:

SALLY DRESLIN, M.S. 1 RN. Executive Deputy

I am with the Office of Professional Medical Conduct, New York State Departmerit of Health. l am an officer having legal custody of the records of the Office of Professional Medi ca} Conduct. I, hereby, certify that the enclosed documents are true copies of documents from the files of the Office of Professional Medical Conduct in the case of:

Bernard Wesley Bentley, MD

NYS medical license# 192628

D~A. Epting Director oflnvestigations Office of Professional Medical Conduct

. ~~rd Sworn to before me this \"°..) day of ~ , 2019

1 r ~ · A' UJJtj,UAJ!?J ~ & Jl}uuJy_ Virginia Y. Bechard

Notary Public, State of New York No. OIBE6142161

Qualified in Rencsselaer County Commission expires t-.-rarch 13, 2022

Empire State Plaza, Corning Tower, Albany, NY 12237! health.ny.gov

WYORK TEOF ORTUNITY.

Department·­of Health

ANDREW M. CUOMO Governor

HOWARD A. ZUCKER, M.D., J.D. Commissione(

SALLY DRESLIN, M.S., R.N. Executive Deputy Commissioner

'May31, 2019

CERTIFIED MAIL"RET.URN RECJ;:IPJREQUESTED

Re: License No. '192626

Dear Dr. Bentley:

Enclosed is a ·copy of the New York State Board for Professional Medical Conduct (BPMC) Order No. 19-132. This order and any penalty provided_ therein goes into effect June 7, 2019.

You are required to deliver your license and registration within 5 days of the effective date of the surrender provision to: c/o Physician Monitoring Unit, NYS DOH - OPMC, Riverview Center, Suite 355, 1'50 Broadway, Albany, NY 12204-2719.

If your license is framed, please remove It from the frame and only send the parchment paper on which your name is printed. Our office is unable to store framed licenses.

If the document(s) are lost, misplaced or destroyed, you are required to submit to this office an affidavit to that effect. Please complete and sign the affidavit before a notary public and return it to the Office of Professional Medical Conducl

Please direct any questions to: NYS DOH - OPMC, Riverview Center, Sufte 355, 150 Broadway, Albany, NY 12204-2719, telephone# (518) 402-0846. ·

Enclosure

cc: AlexanderG. Bateman, ·Jr., Esq. Ruskin Moscou Faltischek, P.C. 1425 RXR Plaza East Tower, 15th Fl. Uniondale, New York 11556·1425

Sincerely,

Robert A. Catalano, M.D. Executive Secretary Board for Professional Medical Conduct

Empire Stale Flaza, Coming Tower, Albany, NY 12237 lhealth.ny.gov

NEW YORK STA IE DEPARThlENf OF H&\L TH ST ATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT

BPMCNo.19-132

IN THE MATIER

OF

BERNARD BENTLEY, M.0.

SURRENDER

ORDER

Upon the opplica~on of (Respondent) BERNARD SENTI.EY, M.D. IO surrender his

llcen5o as a physician In the Sla!o ol Now Yori<, which!~ mnda a par1 or this Surrender Order. tt

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ORDERED, lhsl the Surrender, and it!; !emu;, aro adopted and K Is Curlhor

ORDERED, that Respondenl'a name be stncken from the roster or physicians in lhe

Stale of New York; ll I~ further

ORDERED, that this Oroer sho!lbe elfeclive upon issunnce by the Board, aiU1er

• by malling of a copy of Oils Surrander Older, eilher by firnt class mall lo

Respond2nt al the addrass In \he attached Surrender or license appl!Clllion

or by certified mall to Respondent's attorney, OR

• upon facslrnlla transml:gslon to Respondent or Respondenr!l atfomey,

\lvlllchever Is Oro!,

SO ORDERED.

DATE: 05/30/2019 ARTHUR S. HENGERER, M.D. Choir Stal~ Board for Profe1Jslom1I Modle<1l Conducl

1 NEW YORK STATE DEPARTMENT OF HEALTH STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT

IN THE MATIER SURRENDER OF .

OF LICENSE

._ _____ B_E_R-N...,..,A-R_D_B_E_,N_T..,....L_E...,....Y.,.-,. _M~.D_. -:-----'-'-'.........,._...,., ~~gER

BERr"--JARO BENTLEY, M.O., _represents that all of the following statements are true:

That on or about 06/30/1993, I was licensed to practice as a physician in the State

of New Yor~:. and issued License No. 192628 by the New York .State .Education

Department.

My current address i

I understand that the New York State Board fo( Professional Medical Conduct

(Board) has charged me with one or more specifications of professional misconduct, as set ' '

forth in a Statement ofCharges, marl<ed as Exhibit ;'A"; which is attached to and part of

tllis Surrender of License.

I am applying to the State Board for Professional Medical Conduct for permission to

surrender my license as a physician in the State of New York on the grounds that I agree

not to contesnhe allegations, in-full satisfactio_n of the charges against me: - - -

I ~sl~ the Board to accept my Surrender of License, and I agree to be bound by all of

the terms set forth in attached Exhibit "B''.

I understand that, if the Board does not accept my Surrender of license, none ofits

terms shall bind me or constitute an admission of any ofthe acts of misconduct alleged:

this application shall nol be used against me in any way and shali be kept in stricl

2 confidence; and lhe Board's denial shall be wllhoul preJudlce lo the pending dlscfplfnary

p(Qceeding and lhe Board's final deterrnin<1Uon pursuant to the Publlc Health law.

I agree lha!. If the Board accepts my Surrender of License, Iha Chair of the Board

Shafi l$sue a Surrender Order in accordance wi1h Ila terms. I agree that ,this Order shall

take effecl upon ils issuance by the Board, either by malllng of a copy of the Surrender

Order by first class mail lo me al Jhe address In !hi$ Surrender of llcenlJ.e, or lo my

atlorney by cer1ified mail. or upon facsimile transmission lo me or my attorney, Whichever

Is rirst. The Surrender 01der. !his agreement, and alt attached exhibits shell be public

documents, with only pallenl ldentllles or other confidenflal fnfOrmat!on, if any, r~d~ctsd.

As public documenls, they may be posted on the Department's webslte(s). OPMC shall

report this action lo the f'la!lonal Praclllloner Dato Bani<, the Fe<leratlon of Stale Medical

Boards, and any olher enlili~s that lhe Director of OPMC shall deem appropriate.

I ask the Board lo accept !his Surrender of License, which I subrntt of my ovm frae

will and not under duress, compulsion or restraint In consldera!ion of the va/ua 10 me or

the Board's acceptance of this Surrender of License, allowing me to resolve this matter

wil!:iou{ the various risks and burdens or a t1earlng on the merlfs, I knowingly W<.'JIVO my

right lo conies! the Surrender Order for which J apply, whether admlnlslralively or judicially,

and I agree lo be bound by Ille Surrendet Order.

I under:stan-d and agree that the al1orney for the Department, thlfDlreclor-or the

Office of Professional Medical Conduct and the Chair of the S(a[e Soard for F'rofessfonsJ

Medical Conduct each retain complete discretion either to enter info fhe proposed

agreement and Order, based upon my application, or lo decllne lo do so. I further

J under.;land e.nd agree the! no prior or. aeperato wrllten or oral cornmunlcation can limit that

discret19n.

DATE ff oi,Y; /j' BERNARD BENfLEY. M,0. RESPONDENT C '

4 The undersigned agree to Raspondenl's attached Surrender of Llcenae and Order

and to Its proposed penalty, terms and conditions.

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DATE: ~;I '),-,)" 11 j HANNAHE.C. MOORE·------·- -­Asslutant Counsel Buroau of Professlonal Medical Conduct

Paula M. 9reen Acting Director Office of Professional Medlcal Condu,cl

EXHJBIT A

I NEWYORf< STATE DEPf\RTMENT OF HEALTH STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT

IN THE MATTER STATEMENT

OF OF

BERNARD BENTLEY, M.D. CHARGES

BERNARD BENTLEY, M.D., the Respondent, was authorized to practice medicine

in New York Stale on or about 06/30/1993 by the Issuance of license number 192628 by

the New York State Education Department.

FACTUAL ALLEGATIONS

A. On or abo1Jt Aprll 1, 2019, in ihe Supreme Court of the State of New York, County

or New York, Respondent was convicted, upon his guilty plea, of one count Grand

Larceny In the First Degtee (Penal Law § 155.42) and one count Grand Larceny In the

Third Degree (Penal Law§ 155.35[1 )),

S?EC!FICATION OF CHARGES

Respondent is charged with committing ptafesslonsl misconduct as defined In N.Y~

Educ. Law § 6530(9)(a)(i) by having been convicted of commlUlng an act consll\!Jtlng a

cr!rne under New York state law as alleged in !he facts o/ !he roflowlng:

1. Paragraph A.

- - }i/'tl z.< -OATE:Ap~;. , 2019

Albany, New York

---- -·- - -~-- ' - ·-- --- -· - ·--.~ ··-- -

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EXHIBIT "B"

Requirements for Closlng a Msd!cal Pracl!ce Followlng a Revocalfcn. Surrender, Umils!foo or 81.Jsoenslon ar a Medical License

I. Licensee shall Immediately ceeea end desist from engaging In the prac!lce or medicine In NewYork Sla!e, or under licensee's New York llcense, In accordance wllh the terms of lhe Order. In addition, Licensee shall refrain from providing an opinion as to professional pracUce or Its eppllcsllon and from · representing !hat licensee Is eligible to practice medicine.

2. Within 5 days of the Order's elfac!lva data, licensee shall deliver Licensee's orlgl11al license to practice medicine In New Yott State and current blennlel regl&!rallon to lhe Office of Professional Medical Conduct (OPMC) al Rlvervi~w Center, 150 Br.oadway, Suite 355, Albany, New York 12204·2719.

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Wlthln 15 days of lhe Orders effective date, Licensee shall notify all patients or the cessation or llrnlt<itlon of Licensee's medical practice, and shall refer all patients to another lfcensed pracllclng physician for continued care, as approprfale. Llcensee shall nollfy, In writing, each health care plan wllh which the Licensee contracts or Is employed, and each hosplral where Licensee has prfvlleges, that licensee has cea:sed medical practice. Within 45 days of lhe Order's effective dole, Licensee shell provide OPMC with written documenfatlon tho! all pattenfs and hospitals have been nolffled or the cessation of licensee's medlcal practice.

Licensee shall make arrangements for the transfer and maintenance of all pallenl medical records. Within 30 days of the Order's effective dale, Licensee shall notify OPMC of these arrangemenls, Including !he name, address, and telephone number of an approprlale and acceptable contact person who shall have access lo these records. Orlglnel records shall be retained for at least 6 years after lh13 lasl date or service rendered lo a patient or, In the case tJf a minor, for at least 6 years after the last date of service or 3 years after the patient reaches the age of moJorily, whichever !!me period Is longer. Records shall be maintained In a safe and secure place that Is reasonably accessible to former pallenls. The arrangements shelf include provisions lo ensure lhat lhe Information In the record Is kept conndentlal and Is avaflab!e only lo authorized

-persons. Whe11 a patient or a paUenl's represantalive requests a copy of the -pallent's rnedlcal record, or requesls Iha! lhe original medical record be sen! to another health care provider, a ccpy of the record shall be promplly provided or forworded at a reasonable cost to Iha pollen! (nol lo exceed 75 C1lnts per page.) Radiographic, soncgraphic and similar materials shall be provided et cost. A quallnad person shall not be denied access !o patient Information solely because or an lnablllty lo pay.

5. In the event lhal Licensee holds a Drug Enforcement Admlnlstmllon (DEA) certificate for New York Stale, Licensee shall, within 15 days of the Orders

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effective date, advise lhe DEA, In wrllfng, of the /lcensure ec!ion and shall surrender Licensee's DEA controlled subGlnnca privileges for New York Slate la the DEA. Uconeee shall promplly surrender sny unused DEA 11222 U.S. Officlal Order Forms Schedules 1 and 2 for New York S!ala lo !he DEA All submissions to !ha DEA shall lie addressed lo Olve~lon Program Ma1199er, Now York Field Division, U.S. Drug Enforcement Admfnislration, 99 Tenth Avenue, New York, NY 10011.

W!1hln 15 days of lhe Order's effective dole, Lfcansee shall return any unused New York Stale off!clal pre3crlp!lon fonnG lo lhe Bureau of Narcollc Enforcsmenl of Iha Nfi!W York $!ale Oepar!menl of Haalfh. II no other llcansee Is providing seivlces al Licensee's practice focatlon. Licensee &hall properly dl11poae cf all medlC<3tlons.

Within 15 day5 of the Order's elfecllve dace, Licensee shall remove rrom Iha public domain any represenfallon Iha! Licensee Is eligible lo practice medicine, fndudlng all related slgn:i. advorUaernenls, professlom1l llstlngs (whether In telephone directories, Internet or olhc1wlse), professional stationery or bllllngs. Licensee shall no! share, occupy, or use office space In whfch another licensee prol/fdes heallh care services.

IL Licensee shall nol chargo, receive or :th<1rn any foe or dls!ribullon of dividends for professional serJlces renderad by Licensee or olhais while licensee Is barred trorn enQaglng In tho practice or medldne. Licensee may be compensated for Iha reasonable value of .services lawfully rondernd, and dlsbursemenls Incurred on a pallanl's behalf, prior lo the Order's etfocflve dale.

9. II Lfcen:rne 13 a shareholder In any profasgfonsl seNlce corporal!cn organized to engage In the procllce of medicine, licensee shall divest all nnanclal Interest In the professional services corporallon, In accordance wllh New York BuslnosG Corpora!lon Law. Such dlveslilura stislf occur wHhln GO days. I( Llceor;ee Is the sole shareholder In a profe5alonal sel'\lkes corporn!lon, the corporation must be dissolved or sold within 90 day!l of Iha Order's effective date.

Io. Fa Bure to comp"/ wllh the above dlrecUves may resull In a civil penally or crlmlnal penallles as rnay be authorliod by governing law. Under N. Y. Educ. Law § 6512, II is a Class E Felony, punJshabfe by lmprlsonmanl for up lo 4 years, lo practice !he profession or med!clne when a professional license hes been suspended, revoked or ormulfed. Such pLinlshrnent is In eddillon lo the pana!tfes for professional misconduct set forth ln N.Y. Pub. Heallh Law§ 230-a, w!ilch include Ones of llp to $10,000 for each specification of chargo3 orwh!ch the License a la round guilty, and may Include revocallon of a su:Jpended lfcan5e.

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EXHIBIT A

Surrender Order of New York State Board for Professional Medical Conduct

and related documents

5

(BERNARD WESLEY BENTLEY, M.D.) ACCUSATION NO. 800-2019-056351

WYORK TE Of ORTUNITY. .

Department of Health

ANDREW M. CUOMO Governor

HOWARD A. ZUCKER, M.D., J.D. Commissioner

SALLY DRESLIN, M.S., R.N. Executive Deputy

CERTIFICATION

STATE OF NEW YORK ) ss:

COUNTY OF RENSSELAER)

David A. Epting, being duly sworn, deposes and says:

I am with the Office of Professional Medical Conduct, New York State Department of Health. I am an officer having legal custody ·of the records of the Office of Professional Medical Conduct. I, hereby, certify that the enclosed documents are true copies of documents from the files of the Office of Professional Medical Con<lu:ct in the case of:

Bernard Wesley Bentley, MD

NYS medical license# 192628

D~A. Epting Director of Investigations Office of Professional Medical Conduct

~-;JV Sworn to before me this \"'_) day of ~ , 2019

UL~W·1~ &Jl)wJ}_ . ' Virginia Y. Bechard

Notary Public, State of New York No. OIBE6!42161

Qualified in Rencssclaer County Commission expires March 13, 2022

Empire State Plaza, Corning Tower, Albany, NY 122371 health.ny.gov

~~l/0yoRK• ~ORTUNITY •.

Department· of Health

ANDREW M, CUOMO ·Governor

HOWARD A. ZUCKER1 M.D., J.D. commissioner

SALLY DRESLIN, M.S., R.N. Executive Deputy Commissioner

. May 31, 20'19

CERTIFIED MAIL"RETUR.N RECEIPT REQUESTED

. B d 8 ti MD

Re: License No. 1'92626

Dear Dr. Bentley:

Enclosed is a :copy of the·:New York State Board for Professional Medical Conduct (BPMC) Order No. 19-132.. This order and any penalty provided_ therein goes into effect June 7, 2019.

Ypu are required to deliver your license and registration within 5 days of the effective date of the surrender provision to: c/o Physician Monitoring Unit, NYS OOH - OPMC •. Riverview Center, Suite 355, 150 Broadway, Albany, NY 12204-2719.

If your license is framed, please remove It from the frame and onlv send the parchment paper on which your name is printed •. Our office Is unable to store framed licenses.

If the document(s) are lost, misplaced or destroyed, you are required to submit.to this office an affidavl(t6 that effect. Please complete and sign the affidavit before a notary public and return it to the Office of Professional Medical Conducl

Please direct any questions to: NYS DOH - OPMC, Riverview Center, ·suite 355, 150 Broadway, Albany, NY 12204·2719, telephone# (518) 402-0846.

Enclosure

cc: Alexander G. Bateman, Jr., Esq. Ruskin Moscou Faltischek, P.C. 1425 RXR Plaza East Tower, 15th Fl. Uniondale, :New York 11556"1425

Sincerely,

RobertA Catalano, M.D. Executive Secretary . Board Jor Professional Med lea.I Conduct

Erripire State F'laia, Coming Tower, Albany, NY 12237 Jheallh.ny.gov

NEV\' YORK STA 1E OEPARTMEl'fr OF HEAL TH STATE SOARD FOR PROFESSIONAL MEDICAL CONDUCT

BPivtC No. 19-132.

tN THE MATTER

OF BERNARD BENTLEY,·M.D.

SURRENDER

ORDER

Upon lhe upplicatlon of (Re.spondenl) BERNARD 6ENT\..EY, M.b. lo sutrender hls

license as a physician ln the St.ate ol Now Yol1\, which rs mada a part of !his Surrender Order, tt

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ORDERED, thal the Surrender, and it(; termG, aro adopted and It Is (urtnor

ORD(:REO, that Responden\'0 name be GUicken from the roster of physicians in the

Stale of New York; 11 ls further

ORDERED, that lhls Order sha!lbe effeclive up<>n issuance by the Board, eiU1er

o by mnlHng of o copy of this Su11<.!ncler Order, ei!her by firat class mall to

Respondent at !he address In Ula attached Surrender or Uc.ensa appHCDtion

or by certified mall lo Respondent's attorney, OR

• upon tacslmlle tran~ml~slon lo Respondent orRespondenra attorney;

Wl\lchever Is llrol,

SO ORDERED.

DATE: 05/30/20 l 9

1 NEW YORI< STATE OEPARTMENT OF HEALTH STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT ·

IN THE MATIER SURRENDER OF OF .

LICENSE

.___.__.._ ______ B_E_R_N_A_RD-...-B_E_N-T_LE-:-Y,....,._M_.D..,.."---,~~---__, ~~gER

BERNARD BENTLEY, M.D., represents that all 9f the following statements are true: •

That on or about 06/30/1993, I was !icensed to practice as a physician in the State

of New York, and issued License No. 192628 by the New York .State ~ducation

Department.

My curtent <:iddress i

·1 understand that the New York State Board for Professional Medical Conduct

(Board) has charged me with one or more specifications ofprofessional misconduct, as set

forth in a Statement or Charges, marked as Exhibit uA", which is attached to and part of

tllis Surrender of Licerise.

I am applying to the State Board for Professional Medical Conducrfor permission to

~urrelider my license as a pnysic:ian in the State.of NewYork on the grounds that I agree

not to co.nlest the allegation§, in full satisfaction ·of the charges against me.

I ask the Board to accept my Surrender of License, and I agree to be bound by all of

the terms set forth in attached Exhibif "B".

I understand that, if the Board does not accept my Surrender of License, none of its

terms shall bind me or constitute an admission of any of the acts of misconduct alleged;

this application shall nol be used against me in anyway and shall be kept in strict

2 confidence; and the Board's denfal shall be without pre!udlca lo the pending dlsclplfnary

proceeding' and lhe Board's final detenninaUoo pursuant to the Publlc Health law.

I agree lha!, If the Board accepts my Surrender of License, the Chair of the Boar<!

shall issue a Surrender Order in accordance with !ta terms. I agree that ,this Order shell

take effect upon its Issuance by the Board. either by malling of a copy o( Iha Surrender

Order by frrst class mail to me al lhe addres:? _In this Surrender of Llcen:Je, or lo my

aHorney by certified mail, or upon facsimile lransmlsslon fo me or my at1omey, Whichever

Is lirsl. The Surrender Oeder. !his agreement, and all attached exhibits shall be public

documents, with only pallenl ldentllles or other confidential Information, if any, redacted.

As public documents, they may be posted on the Department's websHe(s}. OPMC shalt

report this action lo the t;allonal Prac!llloner Dalo Bank, the Federation of Stale Medical

Boards, and any other enLili~s that !he Director of OPMC shall deem appropriate.

t asl\ the Soard lo accept lhis Surrender of License, which I submll of my ovm free

will and not under duress, compulsion or restrain!. In conslderalion of the value to me of

the Board's acceptance of this Surrender of License, al/owing me to resolve this matter

wilhou{ the various risks and burdens of a hearing on Iha merits, I knowingly waive my

right to contesl the Surrender Order ror which I apply, whether adrnlnlstrativaly orjudlclally,

and I agree lo be bound by lhe Surrender Order.

I understand_and agree that the at1orney for the Department, the Director or the_

Office of Professional Medical Conduct and lhe Chair of !he Slate Soard for Professional

Medi cal C.oriducl each retain comp le le discretion erther to enter Into lhe proposed

agreement and Order, based upon my application, or to decllne lo do so. I further

J undersland and agree that no prior or aeperete written or oral communlca!ion can limit that

discrellqn.

DATE ff :l<f'11l

4 The undersigned agree to Respondenl's attachE!d Surrender of License and Order

end to Its proposed penalty, terms and conditions.

-pt~ At1omey for Respondenl

DATE: ~-; j 'J-S' f lj

EXHIBIT A

r..JEWYORK STATE DEPARTMENT OF HEALTH STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT

IN THE MATIER STATEMEITT

OF OF

Sl:RNARD BENTLEY, M.O. CHARGES

BERNARD BENTLEY. M.O., the Respondent, was authorized to practice medicine

in New Yo1k Stale on or about 06/30/1993 by lhe Issuance of license number 192628 by

the New York State Educai!on Department.

FACTUAL ALLEGATIONS

A. On or abo•Jt Aprll 1, 2019, In the Supreme Court of the State of New York, County

or New Yorn, Respondent wa:; convicted, upon his guilty plea, of one count Grand Larceny ln lhe First Degree (Penal Law§ 155.42) and one count Grand Larceny In the

Third Degree (Penal Law§ 155.35[1 D.

SPECIFICATION OF CHARGES

Respondent is charged with committing pcofesslonsl misconduct as defined In N.Y. Educ. Law § 6530(9)(a)(i) by having been convicted of committing an act constlluUng a

crime under New York state law as alleged in the facts ol !he rol!owlng:

1. Paragraph A.

)U a.." z 't' DATE:AP~ • 2019

Albany. New York

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EXHIBIT "8"

Regulremenls for Closing a Medical Pracl!ce Followlng a Revocal!on. Surrender. llmlla!lon or Suspension of a Medical license

1. l._1¢ensee shali lmmedlalely cease and desist rrom engeglng In lhe practice ol medicine In New York Slale, or _under Licensee's New York llcense, In accordance wllh !he terms of !he Order. In addition, licensee shall refrain from providing an opinion as lo prof esslonal pracllce or lls eppllcallon and from · representing that Licensee Is ellglble to pracllce medicine .

. 2. Within 5 days of the Order's elfactlva dale, Licensee shall deliver Licensee's orfgl11al llet:!nse to practice medicine In New York Slate and current biennial reglsrratlon to lhe Office or Professional Medical Conduct (OPMC) at Riverview Center, 150 Broadway, Suite 355, Albany, New York 12204·2719.

3. Within 15 days of Ille Order's effective date •. Llcensee shall notify all patients or the cessation or llmltallon of Licensee's medical practice, and shall refer all patleflts (o another llcensed pracilclng physician for continued care, as appropriate. Licensee shall nolffy, In writing, each health care plan wflh which · the Licensee contracts or Is employed, and each hospital where Licensee ha5 prlvfleges, that licensee has ceased medical practice. Within 45 days of lhe Order's effective dere, Licensee shell provide OPMC wllh written documentation th al all patients and hospitals have been notlned or lhe cessation of licensee's medical practice.

4. Licensee shall make arrangements for the transfer end maintenance of all patient medical records. Within 30 days of the Order's effective date, licensee shall notify OPMC ot these arrangements, Including !he name, address, and telephone number of an appropriate and acceptable contact person who shall have access to these records. Orlglnel records shall be retained for al least 6 years after Iha last date or service rendered lo a pallent or, In the case or a minor, for at least 6 years after the last date of service or 3 years after the patient reaches lhe age of majority, whichever time period Is longer. Records ·shall be maintained In a safe and secure place that ts reasonably accessible lo former paUents. The arrangements shall Include provisions to ensure lhal lhe Information In the record Is kept conndentlal and Is avaflabte only lo authorized persons. When a patient or a patient's representative requests a copy or the pallenl's medlcal rectira, or requests that lhe orfglnal medical record be sent to another health care provider, a copy of the record shall be promptly provided or forwarded at a reasonable cost to the paUenl (nol lo exceed 75 cents per page.) Radiographic, sonographlc and similar materials shall be provided et cost A quarltled person shall not be denied access lo patient Information solely because of an lnablllly lo pay.

$. 1.n the event thal Licensee holds a Drug Enforcement Admfnlslrullon (DEA) certificate for New York Slate, Licensee shall, within 15 days.of the Order's

6.

7.

effective dale, ~dv!se the DEA, In writing, of Iha /lcenawe action end shall surrender Licensee's DEA controlled substance privileges for New York Slale lo the DEA. Ucensae shall promplly surrender any unused DEA #222 U.S. OFflclol Order Forms Schedules 1 and 2 for New York Slate lo the DEA. All submissions to the DEA sholl tie addressed lo Diversion Program Manager, New York Field Division, U.S. Drug Enforcement Admlni9lralion, 99 Tenth Avenue, New York, NY 10011.

Wl1hln 15 days of !he Order's effective dale, Ucansee shall raturn any unu9ed New York 'Sia le officlal pre:scrlpllon fonns lo lhe Bureau of NarcoUc Enforcement of Iha New York Sta!a Department of Haallh. II no other llcanseo Is providing services al Ltcan~ee's practice locatlon, Ucansee &hall properly dlspoae cf all medlwtlons.

Wl!/lln 15 days or the Order's elfecllve date, Licensee shall remove rrom the public domain any represenlatlon Iha! Licensee Is ellglble to praclfce medicine, Including all related slgm, advortJaemenls, professlonal.llslfngs (whelher In telephone directories, Internet or otherwise), professional slallonery or bllllngs. 1.lcensee shall not share, 0:ccupy, or use office space In which anolher llcensee ptovfdes heallh care services.

8. Licensee shall nol charge, receive or share any fee or distribution of dividends for professional seNlces rendered by licensee or olhers while licensee Is barred trom engaging In lhe practice or medicine. Licensee may bo . compensated ror the reasonable value or services lawfully rnndernd, end disbursements Incurred on a palfent's behalf, prior lo the Order's etfoclfve dale.

9. If Licensee Is a shareholder In any profasslonal service corporation organized lo engage In the pr.icllca or medlclne, llcens9e shall divest all Onanclal Interest Jn th6 prorasslonal servlces corporation, In accoro'ance wllh New York BuslnasG Corporation Law. Such dlveslilure shall occur wfthln GO days. I( Licensee Is the $ale shareholder lri a professional services corporntlon, the corpora!Jon must be dissolved or sold wllhln 90 dayil or the Orders effective dale.

10. Failure lo complywllh the above directives may result In a civil penally or criminal penelll~3 as may ba aulhOrl:zad by governing law. Under N.Y. Educ. Law§ 6512, II ls e Class E Felony, punlshuble by Imprisonment for up lo 4 years, to pracflce lhe profession or medicine when a professions! license has been suspended, revoked or ilnnulled, Such punishment Is In addllion lo lhe panallles for professional misconduct sel forth In N.Y. Pub. Heallh Lew§ 230·a, ~1 which include Ones of up to S10,DOO for each speclficalion of charges or which 1

1

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the License a lo found guilty, and may Include revocallon or a suspended license.