The Daily Record (Baltimore, MD)

December 21, 2004 Tuesday

Md. Court of Special Appeals rules consent order gave board power to revoke doctor’s license

BYLINE: Lawrence Hurley

SECTION: NEWS

LENGTH: 541 words

The Maryland Board of Physicians did not exceed its authority when it revoked the license of a psychiatrist who violated probation under a consent order reached in an earlier matter, the Court of Special Appeals had held.
Adrian Cohen, who has been in practice since 1969, was finally stripped of his medical license in December 2002 following almost a decade of run-ins with the board, which regulates the medical profession in the state.
The board argued that the license was revoked because Cohen failed to meet the conditions of a consent order both parties had agreed to in 1997 in an attempt to address his allegedly immoral behavior with some patients.
The court’s opinion does not specify what this conduct entailed, referring only to “disciplinary charges related to the quality of his psychiatric care,” and one occasion when Cohen “committed ‘boundary violations’ with a female client.”
On its Web site, the board defines boundary violations as “not only sexual intercourse but ” any kind of inappropriate touching or fondling.”
This can include “kissing, nudity, and sexual proposition or comment,” the Web site states.
Cohen agreed to enter into a consent decree in 1997 — the second of his career — as a result of the boundary violation.
However, after serving a one-year suspension, Cohen failed to adhere to the terms of the five-year probation period required by the consent decree.
The main condition was that he be accompanied by a chaperone when he was with patients.
The board took action in May 2001, filing a complaint against Cohen in which it claimed he had violated the conditions of the agreement.
Chief Judge Joseph F. Murphy Jr. wrote in the opinion there was no merit in Cohen’s argument that the law did not allow for the board to revoke his license because he violated probation.
He noted that the terms of the 1997 consent decree stated that “if he were to violate any of the terms of his probation, the board ” could lift the stay or suspension and ‘impose any other disciplinary actions it deems appropriate.'”
The court also concluded that Cohen had voluntarily entered into the consent decree.
“A reasoning mind could have reasonably found that [Cohen] failed to comply with the terms of his probation,” Murphy concluded. “Having made that finding, the board was entitled to conclude that [Cohen’s] license should be revoked.”
Attorneys for both sides could not be reached for comment.
Cohen first entered into a consent decree with the board in 1994.
He received a three-month suspension, which was stayed, and was also placed on probation for three years.
WHAT THE COURT HELD
Case:
Adrian Cohen v. Maryland State Board of Physician Quality Assurance. CA No. 1218, Sept. Term 2003. Reported. Murphy, C.J. Filed Dec. 10, 2004.
Issue:
Did the board exceed its authority in revoking appellant’s medical license on the grounds that he had breached probation requirements imposed as part of a consent order in an earlier matter?
Holding:
No. Judgment affirmed. Terms of the earlier consent order allowed the board to take action if he violated probation; that action included license revocation.
Counsel:
Paul F. Newhouse, for appellant; Sarah E. Pendley, for appellee.