Dear...
This is in response to your (date) letter in which you express support for Perry Orens, M.D.
As you know, Dr. Orens' license to practice medicine was revoked by the Board for Professional Medical Conduct, effective November 25, 1999. The committee of the Board that imposed this penalty was composed of two physicians and one layperson. Dr. Orens was charged with 34 specifications of misconduct, including negligence and incompetence on more than one occasion, gross negligence and incompetence, practicing fraudulently, and ordering excessive tests and treatment in the care of 10 patients. During the course of the 7-day hearing, both Dr. Orens and the attorney for the state had the opportunity to present witnesses and evidence in support of their respective positions.
In its determination and order, the hearing committee noted: "The facts presented evidenced an overall pattern of sub-standard medical care, regardless of the type of condition the patients presented. The fact that the disease involved may have been Lyme was of little significance." The committee goes on to state that "Respondent was grossly negligent in the treatment of patients...as to Patient A, it is mere luck that she did not die. These six cases of gross negligence had very little to do with Lyme disease." Finally, the committee reported that "Respondent has presented no mitigation. Respondent has not learned from his errors, has no insight and finds no defect in his conduct. Respondent fails to even recognize that the medical records that he maintained are grossly defective." A complete copy of the hearing committee order and statement of charges is enclosed for your information.
Dr. Orens has exercised his right to request a review of the committee's determination by the Administrative Review Board (ARB) of the Board for Professional Medical Conduct. The ARB will examine the transcripts, documents submitted in evidence during the hearing, and briefs submitted by both counsels and issue a determination. Please note that no one, including the Governor, the Commissioner of Health, of the undersigned are empowered to overturn the hearing committee's decision. Only the ARB of the civil courts may overturn or modify a decision of the hearing committee.
While the Board appreciates your dismay at losing access to a physician, the charges against Dr. Orens were serious enough to cause the Board to revoke his license. The decision to revoke a physician's right to practice comes only after extensive investigation and multiple levels ofreview involving clinical, investigative and legal staff. It is the Board's mission to protect the public while at the same time maintaining the due process rights of a respondent physician.
I am in receipt of your letter of support for Dr. Orens and it will be made part of the official file.
Sincerely,
Ansel R. Marks, M.D., J.D.
Executive Secretary Board for Professional Medical Conduct
