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AAOS Now

Published 9/1/2010

Professional compliance actions

At its meeting on June 19, 2010, the Board of Directors of the American Association of Orthopaedic Surgeons (AAOS) considered the following automatic compliance matters and took the actions indicated. Actions were taken under Article VIII, Sections 8.2.d, 8.2.e, and 8.3.b of the AAOS Bylaws.

Shekhar S. Desai, MD
Satellite Beach, Fla.
Expelled as Active Fellow

On March 5, 2010, Dr. Desai pleaded guilty to conspiracy to commit wire fraud in connection with his receipt of payment for consulting services he never performed. The U.S. Department of Justice press release indicated that, at his plea hearing, Dr. Desai admitted that in 2003 he entered into a consulting agreement with DePuy Orthopaedics, a subsidiary of Johnson & Johnson, and that from July 2004 through November 2005, he submitted invoices and subsequently received more than $70,000 and up to $120,000 in payments to which he was not entitled. Dr. Desai faces a maximum sentence of 5 years’ imprisonment and a $250,000 fine. In addition, he is required to make restitution to the victims of his crime.

The AAOS Board of Directors voted to expel Shekhar S. Desai, MD, from the AAOS.

Mark B. Kabins, MD
Las Vegas
Censured

In March 2009, Dr. Kabins was indicted on fraud charges. In November 2009, he agreed to plead guilty to failure to report knowledge of a felony to the appropriate authorities (misprision of a felony). On Jan. 28, 2010, a report was filed with the National Practitioners Data Bank (NPDB) by Spring Valley Hospital Medical Center indicating that Dr. Kabins voluntarily surrendered his clinical privileges “while under, or to avoid, investigation.” On Feb. 19, 2010, Dr. Kabins submitted a response to the NPDB report in dispute.

The AAOS Board of Directors voted to censure Mark B. Kabins, MD, based on his plea of guilty with regard to the misprision of felony offense.

Harvey A. Levine, MD
New York City
AAOS Fellowship Suspended

In November 2006, the New York State Board for Professional Medical Conduct charged Dr. Levine with seven specifications of professional misconduct and ordered limitations on his medical license. In December 2006, Dr. Levine agreed not to contest the allegations of negligence and to be bound by the order for a 3-year probation. There is no indication on file with the State Board that this probation has been lifted, and Dr. Levine may only practice medicine to the extent of conducting and issuing reports in connection with independent medical examinations.

On Sept. 10, 2007, the Medical Board of California placed Dr. Levine on five years probation and, on Dec. 8, 2009, Dr. Levine surrendered his California medical license.

The AAOS Board of Directors voted to suspend Harvey A. Levine, MD, until he holds a valid and unrestricted license to practice medicine.

Rogelio John Tobias
Naranja, MD
Fort Kent, Maine

AAOS Fellowship Suspended
On Nov. 12, 2009, Dr. Naranja agreed to accept a reprimand and 5-year probation in a consent agreement signed with the Maine Board of Licensure in Medicine (MBLM). The MBLM determined it had sufficient evidence that Dr. Naranja’s medical record keeping and certain aspects of his care and treatment of four patients amounted to unprofessional conduct and grounds for discipline.

The AAOS Board of Directors voted to suspend Rogelio John Tobias Naranja, MD, until he holds a valid and unrestricted license to practice medicine.

Bret Sokoloff, MD
Memphis, Tenn.
AAOS Fellowship Suspended

On Feb. 19, 2007, Dr. Sokoloff voluntarily surrendered clinical privileges while under, or to avoid, an investigation relating to professional competence or inappropriate sexual conduct. On Sept. 19, 2007, the Tennessee Board of Medical Examiners suspended his medical license as a result of multiple felony indictments. On May 2, 2008, Dr. Sokoloff pleaded guilty to three counts of misdemeanor assault and, on Nov. 19, 2008, restrictions on his license were formally lifted.

On June 8, 2009, the Tennessee Board of Medicine placed Dr. Sokoloff’s license on 5-year probation. The basis for this adverse action was reported as conduct evidencing ethical unfitness and inability to practice safely by reason of psychological impairment or mental disorder. Dr. Sokoloff’s probation is subject to conditions including, but not limited to, requiring all facilities at which he practices to establish a monitoring protocol and submit quarterly reports to the Tennessee Board of Medicine.

The AAOS Board of Directors voted to suspend Bret Sokoloff, MD, until he holds a valid and unrestricted license to practice medicine.

For more information on the AAOS professional compliance program and the AAOS Standards of Professionalism, visit the AAOS professional compliance program.

Fellows and members who learn of state licensure actions may forward the information to Rosalind Giulietti, professional compliance program coordinator, 6300 N. River Rd, Rosemont, Ill., 60018-4262, or giulietti@aaos.org