1 KAMALA D. HARRIS Attorney General of California
2 JANE ZACK SIMON Supervising Deputy Attorney General
3 MACHAELA M. MINGARDI Deputy Attorney General
4 State Bar No. 194400 455 Golden Gate A venue, Suite 11000
5 San Francisco, CA 94102-7004 Telephone: ( 415) 703-5696
6 Facsimile: (415) 703-5480 E-mail: [email protected]
7 Attorneys for Complainant
8 BEFORETHE MEDICAL BOARD OF CALIFORNIA
9 DEPARTMENT OF CONSUMER AFFAIRS
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11
12
13
14
STATE OF CALIFORNIA
In the Matter of the Accusation Against:
SYED ARIF JAFFERY, M.D.
3069 English Creek Avenue, Suite 203 Egg Harbor Township, NJ 08234
Case No. 800-2015-014050
DEFAULT DECISION AND ORDER
[Gov. Code § 11520]
15 Physician's and Surgeon's Certificate No.
16
17
18
A93064
Respondent.
19 On or about October 15,2015, an employee ofthe Medical Board (Board) of California
20 served by Certified Mail a copy of the Accusation No. 800-2015-014050, Statement to
21 Respondent, Notice of Defense in blank, Request for Discovery, and Government Code sections
22 11507.5, 11507.6, and 11507.7 to Syed Arif Jaffery, M.D. (Respondent) at his address of record
23 with the Board, which was and is 3069 English Creek Avenue, Suite 203, Egg Harbor Township,
24 NJ 08234 (Exhibit Package, Exhibit 1: Accusation No. 800-2015-014050, the related
25 documents, and Declaration of Service. 1)
26
27
28
1 The evidence in support of this Default Decision and Order is contained in the "Exhibit Package."
1
DEFAULT DECISION & ORDER (MBC Case No. 800-2015-014050)
1 On November 2, 2015, the Board received the certified mail receipt for the Accusation
2 signed and dated October 27, 2015. (Exhibit Package, Exhibit 2: certified mail receipt.)
3 On November 30, 2015, an employee of the Attorney General's Office sent by certified
4 mail addressed to Respondent at his address of record a Courtesy Notice of Default, advising
5 Respondent of the Accusation, and providing Respondent with an opportunity to request relief
6 from default. On December 14,2015, the Attorney General's Office received the certified mail
7 receipt card indicating receipt at Respondent's address of record. (Exhibit Package, Exhibit 3:
8 Courtesy Notice of Default and certified mail receipt card.)
9 On January 28, 2016, attorney Neal Wiesner mailed a letter of representation to Deputy
10 Attorney General Machaela M. Mingardi. (Exhibit Package, Exhibit 4: Letter dated January 28,
11 2016.)
12 On May 18, 2016, an employee ofthe Attorney General's Office served a Notice of
13 Hearing via Fedex Express overnight courier, on Respondent at his address of record, and
14 attorney Neal Wiesner at Wiesner Law Firm, 34 East 23rd Street, 61h Floor, New York, NY 10010.
15 (Exhibit Package, Exhibit 5: Notice of Hearing and Declaration of service.)
16 At 3:34p.m. on June 1, 2016, the Attorney General's Office received an email from Mr.
17 Wiesner attaching a letter which requested that the hearing be adjourned until after at least one of
18 Respondent's criminal trials was completed. To the extent that this letter could be construed as a
19 request for a continuance, the Board objected, and Judge Mary-Margaret Anderson held on June
20 2, 2016, that the request was untimely and lacked good cause as required by the Government
21 Code section 11524. (Exhibit Package, Exhibit 7: Letter from Neal Wiesner dated June 1, 2016.)
22 Respondent and his attorney failed to appear at the noticed hearing on June 2, 2016 at 9:00
23 a.m. at the Office of Administrative Hearings, 1515 Clay Street, Second Floor, in Oakland,
24 California. As a result, Respondent has waived his right to a hearing on the merits to contest the
25 allegations contained in the Accusation.
26 II
27 II
28 II
2
DEFAULT DECISION & ORDER (MBC Case No. 800-2015-014050)
1 FINDINGS OF FACT
2 I.
3 Complainant Kimberly Kirchmeyer is the Executive Director of the Board. The charges
4 and allegations in Accusation No. 800-2015-014050 were at all times brought and made solely in
5 the official capacity ofthe Board's Executive Director.
6 II.
7 On or about October 14, 2005, the Board issued Physician's and Surgeon's Certificate No.
8 A93064 to Respondent. The Physician's and Surgeon's Certificate was in full force and effect at
9 all times relevant to the charges brought herein. The certificate expired on July 31, 2015,
10 however, effective August 20, 2015, the certificate was suspended based on full license
11 restrictions pursuant to Section 231 0( a) of the Business and Professions Code. (Exhibit Package,
12 Exhibit 6: Certificate of License.)
13 III.
14 On or about October 15, 2015, Respondent was served with an Accusation, alleging causes
15 for discipline against Respondent. The Accusation and accompanying documents were duly
16 served on Respondent. A Courtesy Notice of Default was thereafter served on Respondent.
17 Respondent's attorney filed a letter of representation, and a Notice of Hearing was served. On
18 June 1, 2016, Respondent's attorney emailed a letter to the Attorney General's Office asking for
19 the proceedings to be adjourned until the resolution of at least some of the criminal charges. To
20 the extent that defense counsel's letter could be taken as a request for a continuance, Judge Mary-
21 Margaret Anderson denied the request as untimely and lacking in good cause. Respondent and
22 his attorney failed to appear at the hearing held on June 2, 2016, at the Office of Administrative
23 Hearings.
24 IV.
25 The allegations ofthe Accusation are true as follows:
26 On March 11, 2015, the New Jersey State Board of Medical Examiners issued, and
27 Respondent agreed to, an Interim Consent Order. The Order sets forth that on December 23,
28 2014, Respondent was arrested and charged with committing criminal sexual contact in violation
3
DEFAULT DECISION & ORDER (MBC Case No. 800-2015-014050)
1 of state law. The Order states that the charges stem from an investigation into allegations that
2 Respondent engaged in improper and inappropriate sexual contact with three female patients.
3 The Order further states that on February 19, 2015, Respondent was again arrested, this time on
4 charges ranging from sexual assault and contact to harassment of22 additional patients and/or
5 former employees.
6 As part of the March 11, 2015 Order, Respondent agreed to a temporary suspension of his
7 license to practice medicine and surgery in the State ofNew Jersey. He also agreed not to enter
8 the premises of his medical practice during business hours when patients might be present. The
9 suspension is in effect pending a hearing or final order of the Board. (Exhibit Package, Exhibit 1,
10 Attachment A: March 11,2015 Interim Consent Order issued by the New Jersey Board.)
11 DETERMINATION OF ISSUES
12 Pursuant to the foregoing Findings of Fact, Respondent's conduct and the action of the New
13 Jersey Board constitute cause for discipline within the meaning of Business and Professions Code
14 sections 2305 and/or 141.
15 ORDER
16 IT IS SO ORDERED that Physician's and Surgeon's Certificate No. A93064, heretofore
17 issued to Respondent Syed Arif Jaffery, M.D., is revoked.
18 Respondent shall not be deprived of making a request for relief from default as set forth in
19 Government Code section 11520, subdivision (c), for good cause shown. However, such showing
20 must be made in writing by way of a motion to vacate the default decision and directed to the
21 Medical Board of California at 2005 Evergreen Street, Suite 1200, Sacramento, CA 95815 within
22 seven (7) days after service of the Decision on Respondent.
23 This Decision shall become effective on August 19, 2016
24 It is so ORDERED July 20, 2016
25
26
27
28 SF20 15402461 ;41540095.doc Kimberly Kirchmeyer
Executive Director
4
DEFAULT DECISION & ORDER (MBC Case No. 800-2015-014050)
1 KAMALA D. HARRIS Attorney General of California
2 JANE ZACK SIMON Supervising Deputy Attorney General
3 MACHAELA M. MINGARDI Deputy Attorney General
4 State Bar No. 194400 455 Golden Gate Avenue, Suite 11000
5 San Francisco, CA 94102-7004 Telephone: (415) 703-5696
6 Facsimile: (415) 703-5480 Attorneys for Complainant
BEFORE THE 7
8
9
MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS
STATE OF CALIFORNIA
10
11
12
13
14
15
16
17
18
19
In the Matter of the Accusation Against:
SYED ARIF ALI JAFFERY, M.D.
3069 English Creek Avenue, Suite 203 Egg Harbor Township, NJ 08234
Physician's and Surgeon's Certificate No. A 93064,
Case No. 800-2015-014050
ACCUSATION
Respondent.
Complainant alleges:
PARTIES
1. Kimberly Kirchmeyer (Complainant) brings this Accusation solely in her official
20 capacity as the Executive Director of the Medical Board of California, Department of Consumer
21 Affairs (Board).
22 2. On or about October 14, 2005, the Medical Board issued Physician's and Surgeon's
23 Certificate Number A 93064 to Syed Arif Ali Jaffery, M.D. (Respondent). Respondent's license
24 expired on July 31, 2015. On August 20, 2015, the Medical Board of California suspended
25 Respondent's license pursuant to Business and Professions Code section 2310, which authorizes
26 immediate suspension when a medical license has been suspended or revoked in another state.
27 II
28 II
(SYED ARIF ALI JAFFERY, M.D.) ACCUSATION NO. 800-2015-014050
1 JURISDICTION
2 3. This Accusation is brought before the Medical Board of California (Board) under the
3 authority of the following sections of the California Business and Professions Code (Code) and/or
4 other relevant statutory enactment:
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6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
A. Section 2227 of the Code provides in part that the Board may revoke,
suspend for a period not to exceed one year, or place on probation, the license of any
licensee who has been found guilty under the Medical Practice Act, and may recover the
costs of probation monitoring.
B. Section 2305 of the Code provides, in part, that the revocation, suspension,
or other discipline, restriction or limitation imposed by another state upon a license to
practice medicine issued by that state, that would have been grounds for discipline in
California under the Medical Practice Act, constitutes grounds for discipline for
unprofessional conduct.
4.
C. Section 141 ofthe Code provides:
"(a) For any licensee holding a license issued by a board under the jurisdiction of a department, a disciplinary action taken by another state, by any agency of the federal government, or by another country for any act substantially related to the practice regulated by the California license, may be ground for disciplinary action by the respective state licensing board. A certified copy ofthe record of the disciplinary action taken against the licensee by another state, an agency of the federal government, or by another country shall be conclusive evidence of the events related therein.
"(b) Nothing in this section shall preclude a board from applying a specific statutory provision in the licensing act administered by the board that provides for discipline based upon a disciplinary action taken against the licensee by another state, an agency ofthe federal government, or another country."
FIRST CAUSE FOR DISCIPLIN~
(Discipline, Restriction, or Limitation Imposed by Another State)
On March 11,2015, the New Jersey State Board ofMedical Examiners issued, and
25 Respondent agreed to, an Interim Consent Order. The Order sets forth that on December 23,
26 2014, Respondent was arrested and charged with committing criminal sexual contact in violation
27 of state law. The Order states that the charges stem from an investigation into allegations that
28 Respondent engaged in improper and inappropriate sexual contact with three female patients.
2
(SYED ARIF ALI JAFFERY, M.D.) ACCUSATION NO. 800-2015-014050
The Order further states that on February 19,2015, Respondent was again arrested, this time on
2 charges ranging from sexual assault and contact to harassment of22 additional patients and/or
3 former employees.
4 5. As part of the March 11, 2015 Order, Respondent agreed to a temporary
5 suspension of his license to practice medicine and surgery in the State ofNew Jersey. He also
6 agreed not to enter the premises of his medical practice during business hours when patients
7 might be present. The suspension is in effect pending a hearing or final order of the Board. A
8 true and correct copy of the March 11, 2015 Interim Consent Order is attached hereto as Exhibit
9 A.
10 6. Respondent's conduct and the Order of the New Jersey State Board of Medical
11 Examiners, as set forth in paragraphs 4 and 5 above, constitute unprofessional conduct within the
12 meaning of section 2305 and conduct subject to discipline within the meaning of section 141(a).
13 PRAYER
14 WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged,
15 and that following the hearing, the Medical Board of California issue a decision:
16 1. Revoking or suspending Physician's and Surgeon's Certificate Number A 93064,
17 issued to Syed Arif Ali Jaffery, M.D.;
18 2. Revoking, suspending or denying approval of Syed Arif Ali Jaffery, M.D. 's authority
19 to supervise physician assistants, pursuant to section 3527 of the Code;
20 3. Ordering Syed Arif Ali Jaffery, M.D., if placed on probation, to pay the Board the
21 costs of probation monitoring; and
22
23
4. Taking such other and further action as deemed necessary and proper.
24 DATED: October 15, 2015
25 Executive D1rector Medical Board of California
26 Depmtment of Consumer Affairs State of California
27 Complainant SF2015402461
28 41377974.doc
3
(SYED ARIF ALI JAFFERY, M.D.) ACCUSATION NO. 800-2015-014050
l:~ . .J. ~;,
JOHN J. HOFFMAN ACTING ATTORNEY GENER.A.L OF NEW JERSEY Division of Law 124 Halsey Street, 5th Floor P.O. Box 45029 Newark, New Jersey 07101
By: Delia A. DeLisi Deputy Attorney General Tel: (973)648-4741
FILED ~f?flb /It dQ/6 . ~ERSEYSTATEBOARD OF MEDICAL EXAMINERS
STATE OF NEW JERSEY DEP.:n.RTMENT OF LAW AND PUBLIC S.l\FETY DIVISION OF CONSUMER AFFAIRS STATE BOARD OF MEDICAL E~~INERS
IN THE MATTER OF THE SUSPENSION OR REVOCATION OF THE LICENSE OF
SYED ARIF ALI JAFFERY, M.D. LICENSE NO. 25M~07825500
TO PRACTICE MEDICI~~ ANTI SDKGERY: IN THE STP..TE OF NEW JERSEY
Administrative Action
INTERIM CONSENT ORDER
This matter was opened to the New Jersey State Board of Medical
Examiners ("Board") upon receipt of information that Syed A.
Jaffery, M.D. ("Respondent") was arrested on Decewber 23, 2014, and
charged with committing criminal sexual contact in violation of
N.J.S.A. 2C:l4-3. These charges stem from an investigation by the
Egg Harbor Township Police Criminal Investigations Division and the
Attorney General's Enforcement Bureau into allegations that
Respondent allegedly engaged in improper and inappropriate sexual
contact with three female patients. On February 19, 2015,
Respondent again was arrested by the Egg Harbor Township Police,
this time on charges ranging from sexual assault and contact to
harassment of twenty-two additional patients and/or former employees
CERTIFIED TRUE COPY
in violation of N.J.S.A. 2C:14-3; 2C:l4-2C(l); 2C:l4-3B; 2C:l4-4A
and 2C:33-4B.
On January 22, 2015 and February 6, 2015, Respondent signed
Interim consent Orders to cease and desist his practice of medicine.
On March 3, 2015, the Acting Attorney General filed a Verified
Complaint and Order to Show Cause before the Board seeking the
temporary suspension of Respondent's license.
These allegations, if proven, would demonstrate that Respondent
engaged in gross or repeated malpractice, professional and sexual
misconduct, and acts constituting crimes of moral turpitude and/or
crimes which relate adversely to the practice of medicine, in
violation of N.J.S.A. 45:1-21 (c), (d), (e), (f) and N.J.A.C. 13:35-
6.3.
The parties being desirous of resolving this matter, which
alleges a palpable demonstration of an imminent danger to the
public, without the necessity of a hearing before the Board on the
Verified Complaint and Order to Show Cause, and it appearing that
Respondent has read the terms of the within Order and understands
their meaning and effect and consents to be bound by same and has
availed himself of the advice of counsel, and it further appearing
that Respondent wishes to enter into an agreement without making
admissions, and the Board making no findings other than a finding
that the \vithin disposition adequately protective of the public
health, safety, and welfare;
2
IT IS, therefore, on this
ORDERED TH..:l'..T:
l I day of March, 2015 1
1. Respondent, Syed A. Jaffery, M.D., is hereby granted leave
to{ and shall, immediately surrender his license to practice
medicine and surgery in the State of New Jersey. Such surrender
will be deemed a temporary suspension of his license to practice
medicine and surgery pending a hearing before the Board as to
whether to continue this temporary suspension or until Final Order
of the Board.
2. Respondent shall cease and desist all patient contact at
any location and c:he rendering of medical care, including the
issuance of any prescription for, or dispensation of, medications of
any kind including but not limited to Controlled Dangerous
Substances ("CDS") 1 to any patient pending a hearing before the
Board as to whether to continue this temporary suspension or until
Final Order of the Board.
3. During the time Respondent's license is temporarily
suspended he shall not charge, receive or share in any fee for
professional services rendered by him or others, with the exception
of his spouse 1 while barred from engaging in the professional
practice of medicine. Respondent shall be permitted to collect
account receivables with respect to professional services that he
rendered prior to December 23 1 2014.
4. Respondent agrees to submit a response to the temporary
3
suspension application no later than five business days prior to the
Board's consideration of the temporary suspension application to be
scheduled by the Board and to occur no earlier than nine months from
the filing of this Order. Should the pending criminal charges be
dismissed, Respondent has the right to petition the Board for a
hearing at that juncture. Respondent agrees to file an Answer to
the charges contained in the Verified Complaint by April 7, 2015 but
shall have leave to amend his answer within four weeks prior to a
hearing.
5. Nothing contained herein shall be deemed an admission of
liability on Lhe part of Respondent or finding of liability by the
Board.
6. Respondent shall immediately return his original New
Jersey medical license, current biennial registration, and CDS
registration to the New Jersey State Board of Medical Examiners,
Post Office Box 183, Trenton, New Jersey 08625-0183.
7. Respondent shall immediately advise the Drug Enforcement
Agency (the "DEP,_") of this Order, specifically the temporary
suspension of his physician license, and provide the Board within
five days of proof of said notification to the DEA.
8. Respondent shall comply with the "Directives Applicable to
Any Medical Board Licensee who is Suspended, Revoked or Whose
Surrender of Licensure has been Accepted," attached hereto and made
a part hereof.
4
9. Respondent shall not enter the premises of his medical
practice located at 3069 English Creek Avenue in Egg Harbor Township
during business hours when patients may be present.
10. The parL~es hereby stipulate that entry of this Consent
Order is without prejudice to further action, investigation,
prosecution, or restrlctions upon reinstatement by this Board, the
Acting Attorney General, the Drug Control Unit, the Director of the
Division of Consumer Affairs or other law enforcement entities
resulting from Respondenc's conduct prior to the entry of this Order
and without prejudice co a plenary hearing as to the allegations
contained in the Verified Administrative Complaint filed with the
Board of Medical Examiners on March 2, 2015.
11. The Board shall retain jurisdiction to enforce the terms
of this Order. Upon receipt of any reliable information indicating
that RespondenL has violated any term of this Order, the Board
reserves the rlgh: to bring further disciplinary action.
I have read and understood the within Order and agree to be bound by ics t:elms. Consent is hereby given to
o enter this Order.
Syed
BY:
5
STATE BOARD OF MEDICAL E~~INERS
.~ll~ sL7wrtA. Berko~ Board President
Date
Consent is hereby given as to the form and entry of this Order.
Wiesner, Esq. Attorney for RespondenL Syed A. Jaffery, M.D.
6
NOTICE OF REPORTING PRACTICES OF BOARD REGARDING DISCIPLINARY ACTIONS
Pursuant to N.J.S.A. 52:14B-3(3), all orders of the New Jersey State Board of Medical Examiners are available for public inspection. Should any inquiry be made concerning the status of a licensee, the inquirer will be informed of the existence of the order and a copy will be provided if requested. All evidentiary hearings, proceedings on motions or other applications which are conducted as public hearings and the record, including the transcript and documents marked in evidence, are available for public inspection, upon request.
Pursuant to 45 CFR Subtitle A 60.8, the Board is obligated to report to the National Practitioners Data Bank any action relating to a physician which is based on reasons relating to professional competence or professional conduct:
(1) Which revokes or suspends (or otherwise restricts) a license, (2) Which censures, reprimands or places on probation, (3) Under which a license is surrendered.
Pursuant to 45 CFR Section 61.7, the Board is obligated to report to the Healthcare Integrity and Protection (HIP) Data Bank, any formal or official actions, such as revocation or suspension of a license(and the length of any such suspension}, reprimand, censure or probation or any other loss of license or the right to apply for, or renew, a license of the provider, supplier, or practitioner, whether by operation of law, voluntary surrender, non-renewability, or otherwise, or any other negative action or finding by such Federal or State agency that is publicly available information.
Pursuant to N.J.S.A.45:9-19.13, if the Board refuses to issue, suspends, revokes or otherwise places conditions on a license or permit, it is obligated to notify each licensed health care facility and health maintenance organization with which a licensee is affiliated and every other board licensee in this state with whom he or she is directly associated ln private medical practice.
In accordance with an agreement with the Federation of State Medical Boards of the United States, a list of all disciplinary orders are provided to that organization on a monthly basis.
Within the month following entry of an order, a summary of the order will appear on the public agenda for the next monthly Board meeting and is forwarded to those members of the public requesting a copy. In addition, the same summary will appear in the minutes of that Board meeting, which are also made available to those requesting a copy.
Within the month following entry of an order, a summary of the order will appear in a Monthly Disciplinary Action Listing which is made available to those members of the public requesting a copy.
On a periodic basis the Board disseminates to its licensees a newsletter which includes a brief description of ail of the orders entered by the Board.
From time to time, the Press Office of the Division of Consumer Affairs may issue releases including the summaries of the content of public orders.
Nothing herein is intended in any way to limit the Board, the Division or the Attorney General from disclosing any public document.
c'JOHN J, HOFF:tfl.AN ACTING ATTORNEY GENERAL OF' NEW JERSEY Division of Law 124 Halsey Street, 5~ Floor P.O. Box 45029 Newark, New Jersey 07101
By: Delia A. DeLisi Deputy Attorney Genexal Tel: ( 9 7 3 ) 6 4 8 - 4 7 4 i Attorney ID. 008972004
FILE 0 February 6, 2015
NEW JERSEYS !ATE BOARD OF MEDlCAL EXAMlNERS
STATE OF NE\.<J JERSEY DEPARTMENT OF LAW AliD PUBLIC SAFETY DIVISION QF CONSDJV'£R AFFAIRS STATE BOARD OF MEDICAL EXP~INERS
IN THE YlATTER OF THE SUSPENSION OR REVOCATION OF THE LICENSE OF
SYED hRIF AL:::: JJ\FFERY I H. D. LICENSE NO. 25MA07825500
TO PRACTICE f>1EDICINE AND SURGERY: IN THE STATE OF NEH J:..;E:::_R:..;;.;.__S..c.:cE"-'Y'-----
ll.dmi:ustrative Action
SECOND INTERIM CONSENT OP~ER
This matter was opened to t:'!e New Jersey State Board of Medical
Examiners ("Board") upon receipt of information that syed A.
Jaffery, M.D. ("Respondent") was arrested on December 23, 2014, and
charged with committing aggravated criminal sexual cont:act in
violation of N.J.S.A. 2C:14-3. These charges stem from an
invest igati:on by the Egg Harbor Township Police Criminal
Investigations Division and the Attorney General's Enfo::·cement
Bureau into allegat.ions that Respondent allegedly engaged in
improper and inappropriate sexual contact with three female
patients. On December 23, 2014, Respondr:mt voluntarily stopped
practicing medicine by taking a leave of absence.
These allegations, if proven, would demonstrate that Respondent
engaged in gross negligence, professional misconduct and acts
constituting crimes o:E moral turpitude and crimes which relate
adversely to the practice of medicine, in violation of N.J.S.A.
4 5 : 1- 21 (c) , ( e) and ( f ) . The Respondent enters into this Interim
Consent Order without making any admissions.
The Board, as it evaluates and continues to procure proofs in
this matter, finds the within disposition to be adequately
protective of the public health, safety, and welfare, and for good
cause shown,
IT IS, therefore, on this 6_. ___ day of February, 201:,,
ORDERED Al"'JD AGREED THAT:
1. Respondent Syed A. Jaffery, M.D. is hereby granted leave
and shall continue to voluntarily cease and desist from the practice
of medicine and surgery in the State of New Jersey, which became
effective on Janua:::y 22, 20;1.5, until a date no sooner than March 11,
2015. This agreement shall remain in effect until further agreement
by the atto::>::"neys or Order of the Board.
2. r-<.espondent hereby repre:sents and shall ensure that he
shall offer no medical services at any location, including his Egg
Harbor Township practice. This limitation shall specifically
include the issuance of ilny prescription for, or dispensation of,
medica.tions of any kind including but not limited to Controlled
Dangerous .Subst.ances ("CDS") .
3. Respondent 1;;hcJ.ll nut enter Lho pn:m.ice:) oi hi::; n.c.·d.i.cd.l.
du t inq bu::.:ine;:w llour::; when pat:.ient<l nn.y bt:! pt.e~;;:.::nC utJL..i.J Lu.1 UtuJ-
4. 'l'he pa.rt ies hereby t:;tipuJ.ate tlvll Ctlll.·y of Uu !3 Con~-:>cnL
this l:loard, the Act1ng Attorney Ccm.lr • ..tl, Lhc Druq Contro} Uliit:, rin·:
ento1~cement enlitlcs reuulLi.n~:r f1:om Re~;pondent' fJ conduct pr;.o:r· U.>
Lht! entry c.•f thin Order, incluc.ilng an action !Wi.::king tho tc>mpm:a1·y
:Jlwpr::nsion of t.:eopondenl:' s licenrc:e.
1 hc.1.ve read and understood the l.>lit.hin Ot·der and ac3ree to be bound by itn terms. Cunsent J.o lwreby given to tlle noa.rd Lcl euLer t.his Order:
8J}1~,-COJ1fH:~nt.e.d as to l:onn:
UY:
C\.~.~ By ~riscoll, Esq. 1n~.1.eBi11U 1 ~~ycir~kaJ.a & 'fa.ylcn.- 1 !rLC
Atto1ncy for Respondent SJ'c>d A. ,r . .tffery, t•l. D.
Stcwzu::·t :\. Berkowitz, MD. Board Prc~nidcnt:
NOTICE OF REPORTING PRACTICES OF BOARD REGARDING DISCIPLINARY ACTIONS
Pursuant to N.J.S.A. 52:148-3(3), all orders of the New Jersey State Board of Medical Examiners are available for public inspection. Should any inquiry be made concerning the status of a licensee, the inquirer will be informed of the existence of the order and a copy will be provided if requested. All evidentiary hearings, proceedings on motions or other applications which are conducted as public hearings and the record, including the transcript and documents marked in evidence, are available for public inspection, upon request.
Pursuant to 45 CFR Subtitle A 60.8, the Board is obligated to report to the National Practitioners Data Bank any action relating to a physician which is based on reasons relating to prqfessional competence or professional conduct: ·
(1) Which revokes or suspends (or otherwise restricts) a license, (2) Which censures, reprimands or places on probation, (3} Under which a license is surrendered.
Pursuant to 45 CFR Section 61.7, the Board is obligated to report to the Healthcare Integrity and Protection (HIP) Data Bank, any formal or official actions, such as revocation or suspension of a license( and the length of any such suspension), reprimand, censure or probation or any other loss of license or the right to apply for, or renew, a license of the provider. supplier, or practitioner, whether by
_ . operation of law, voluntary surrender, non-renewability, or otherwise, or any other negative action or finding by such Federal or State agency that is publicly available information.
Pursuant to N.J.S.A.45:9-19.13, if the Board refuses to issue, suspends, revokes or otherwise places conditions on a license or permit, it is obligated to notify each licensed health care facility and health maintenance organization with which a licensee is affiliated and every other board licensee in this state with whom he or she is directly associated in private medical practice.
In accordance with an agreement with the Federation of State Medical Boards of the United States, a list of all disciplinary orders are provided to that organization on a monthly basis.
Within the month following entry of an order, a summary of the order will appear on the public agenda for the next monthly Board meeting and is forwarded to those members of the public requesting a copy. In addition, the same summa,.Y will appear in the minutes of that Board meeting, which are also made available to those requesting a copy.
Within the month following entry of an order, a summary of the order will appear in a Monthly Disciplinary Action listing which is made available to those members of the public requesting a copy_
On a periodic basis the Board disseminates to its licensees a newsletter which includes a brief description of all of the orders entered by the Board. -- - · -
From time to time, the Press Office of the Division of Consumer Affairs may issue r!ileases including the summaries of-the content of public orders.
Nothing herein is intended in any way to limit !he Board, the Division or the Attorney General from disclosing any public document.
JOHN J . HOFFl'YiP-..N
ACTING ATTORNEY GENERAL OF NEW JERS.EY Division of Law 1.24 Halsey Street I stn Floor P.O. Box 45029 Newark., New Jersey 07101
By: Delia A. DeLisi Deputy Attorney General Tel: (973)648-4741 Attorney ID. 008972004
FILED Jannary 22 , 20J 5 NEW JERSEY STATE BOARD
OF MEDICAL EXAMINERS
STATE OF NEI<J J'ERS.EY DEPARTHENT OF LAW AND PUBLIC SAFETY DIVISION OF CONSUMER AFFAIRS STATE BOAF~ OF MEDI~L EY~~INERS
IN THE HATTER OF-THE SUSPENSTON OR REVOCATION OF THE LICENSE" OF
SYED ARIF Jl..LI JAFFERY I !'1. D. LICENSE NO. 25!YJA07825500
TO PRACTICE l\1EDICINE fu"''D SURGERY: IN THE STATE OF NE'tJ JERSEY
Administrative Action
INTERIM CONSENT ORDER
This matter was opened to the New Jersey State Board of Medical
Examiners {"Board") upon receipt of information that Syed A.
Jaffery 1 M.D. ("Respondent") was arrested on December 23 I 2014, and
charged with committing aggravated criminal sexual contact in
violation of N.J.S.A. 2C:14-3. These cr:.arges stem from an
investigation by the Egg Harbor Township Police Criminal
Investigations Division and the Attorney General's Enforcement
Bureau into allegations that Respondent allegedly engaged in
imprope1~ and inappropriate sexual contact with three female
patients. On December 23 1 2014, Respondent voluntarily stopped
practicing medicine by taking a leave of absence.
Page I of 4 CERTIFIED TRUE COPY
These allegations, if proven, would demonstrate that Respondent.
engaged in gross negligence, professional misconduct and acts
constituting crimes of moral tu:r.p:Ltude: and crimes whl.cb :r.-elate
adversely to the practice of medicine, in violation of N.,T.S.A.
4 5 : 1 - 21 ( c) , ( e} and ( f ) . The Respondent enters into this Interim
Consent Order without making any a.dmissions.
The Board, as· it e\;aluates and continues to procure proofs in
this matter, finds the within disposition to be adequately
protective of the public health, safety, and \-Jelfare, and for good
cause shown,
IT IS, therefore, on this 22 day of January, 2015,
ORDERED l\ .... 't\JD AGREED THAT:
1. .Respondent Syed A. Jaffery, JY1. D. is hereby granted leave
and shall volunt:arily cease and desist from the practice of medicine
and surgery in the State of New Jersey for a period o[ not less than
thirty (30} days from the execution of r:.his Order This agreement
shall remain in effect until further agreement by the attorneys or
Order of the Board.
2. Prior to the expiration of the thirty (30) day period,
Respondent, through his attorney, shall communicat.e wi.th the
assigned Deputy Attorney General in r:.hi.s matter, to determine
v.it'Jet:her ac1di t.ion.al time is needed to evaluate t.lle need of a further
suspension or the necessJty of a hearing before the Board.
3 _ Respondent hereby represents and shall ensure that he
Harbor Townnllip p.ractice. '!'hie l:Lmita.tJ.on flhall specifically
:l.nc1ude the issuance ot any prescription t:or, or d.i.spensaU.on of,
Jnedic:<,ltiong of <my kind :includin<J but rwt Limited t<:> cont:l'ol1r:d
4. Ht.~::;pondr~nt: sha:J.J. not e.nter tho pn;!mines of lns rnedi.c:a.J
<ltlr.i.ng busi.ness · hours when pa.ti(tllbl may be p;:e.r;em: untj l ft.u:tl'!c.;:
i:ig:t:ecrcent: by the attoxne.ys or OrdeJ~ of the! Bo;u·d.
s. The pa.;n:;ies he:i:eby st:ipulat:e that. entry o:f: tb:L$3 Consc:nt
o.rde:t· is 1111ithout prejudice~ to furt:he:t' action ur inve!>t..igat.lon !''Y'
c:.hi.r:J Uoa.1.·d, t:he Acting Attorney Gem:n::al, the D;:;-UH control tlnJ t, the
D.in:ctor c-f t.he Dj.v.is:Lon ot Consumer J\ff.aixs, or other l.:;w
enfo:r·cement c;nl'.ities :resule:ing fr·om Respondent's conduct.. p:t".l<.:JX to
LIU!'.Ipent:Jion of Respondent' .'J license,
I i'lave reacl <Jnd under't:lt;c,cd the within Order and agree lo b·~ b.;nmd by l-t;.t; t.~~l-ms.
Consent is her..::by given \~o
the noa.n:l 10 ente:r t.hi.~l Oi:·de:r:
Karen_Criss, R.N., C. N.M. Board Vice President
Consented as to form:
B Denis F. Driscoll, Esq. Inglesino, Wyciskala & Taylor, Attorney for Respondent Syed A. Jaffery, M.D.
----.+-1 L I) I. s- ---Date ~
LLC
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