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: Machaela.Mingardi@doj.ca.gov

7 Attorneys for Complainant

8 BEFORETHE MEDICAL BOARD OF CALIFORNIA

9 DEPARTMENT OF CONSUMER AFFAIRS

10

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:

5

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