Physician Misconduct and Physician Discipline

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 Physician Last Name:Hershan
 Physician First Name:David
 Physician Middle Name:
 Address:Address redacted
 License Number:172940
 License Type:MD
 Year of Birth: 1956
 Effective Date:09/06/2017
 Action Description for DOH Webpage:This modification allows the physician to practice Anesthesiology in New York State in an accredited office based surgery setting or other such practice outside of an Article 28 facility pending the express prior approval of the Director of the Office of Professional Medical Conduct. The physician is also precluded from billing directly for medical services, whether performed by himself or others and remains subject to probation for the longer of sixty months or until he satisfies the terms of the United States District Court, Southern District Court of New York Judgment. The $5,000 fine has been paid, however, all remaining terms and conditions of the BPMC #16-334 remain in effect.
 Misconduct Description for DOH Webpage:This order is a modification of the terms previously imposed on October 18, 2016 under BPMC Order #16-334 and does not constitute a new disciplinary action. The physician admitted guilt to the charge of professional misconduct for having been convicted in the United States District Court, Southern District of New York of Conspiracy to Commit Health Care Fraud. Previously on October 18, 2016 the physician's license was suspended for three months with a $5,000. fine and probation for the longer of sixty months or until the physician satisfies the terms of the Judgment imposed by the United States District Court, Southern District of New York. The physician's license was also permanently limited restricting his employment only to hospitals regulated under New York State Public Health Law Article 28A. The physician's three month license suspension was completed effective 1/17/2017.
  License Limitations or Conditions for DOH Webpage: The physician may practice Anesthesiology in New York State in an accredited office based surgery setting or other such practice outside of an Article 28 facility pending the express prior approval of the Director of the Office of Professional Medical Conduct and is precluded from billing directly for medical services, whether performed by himself or others.
 Board Order:
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BRD 172940.pdf
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BRD 172940 mod.pdf