Peter C. Harvey, Attorney General

 

Division of Consumer Affairs
Reni Erdos,
Director

For Immediate Release:
For Further Information Contact:
September 12, 2003
Genene Morris, 973-504-6327

BOARD OF MEDICAL EXAMINERS SUSPENDS
MEDICAL LICENSE OF MERCER COUNTY PHYSICIAN
CHARGED WITH WEAPONS AND DRUG POSSESSION

Board finds practice of accepting and retaining patients' medications a deviation from accepted standards of safe medical practice

NEWARK - The New Jersey State Board of Medical Examiners has temporarily suspended the medical license Dr. Alan Ottenstein, a Mercer County physician who was arrested in July after State investigators found marijuana and an arsenal of weapons in his medical office, including a stun gun and loaded handguns, Attorney General Peter C. Harvey and Consumer Affairs Director Reni Erdos announced today.

Following an approximately eight-hour hearing, during which the Board heard testimony and reviewed evidence, the Board voted unanimously to temporarily suspend Dr. Ottenstein's license, effective immediately. The matter will be referred to the Office of Administrative Law for a full hearing.

The Board's decision comes after the State filed a complaint and an emergency application before the Board alleging Ottenstein's continued practice of medicine poses a "clear and imminent danger to the public's health, safety and welfare." The State is seeking to have Ottenstein's medical license revoked.

Ottenstein maintained a practice at Lawrenceville Neurology Associates, P.A., 2997 Princeton Pike, Lawrenceville. He was initially licensed in 1988 to practice medicine in New Jersey.

In its Aug. 4, two-count complaint against Ottenstein, the State alleges that as part of an investigation by the Office of Insurance Fraud Prosecutor, Division of Criminal Justice investigators searched the doctor's office and uncovered nine handguns; a stun gun; destructive devices containing explosive powder; two firearm magazines with the capacity to hold more than 15 rounds of ammunition; and four-ounce cans of pepper spray, an illegal quantity. Ottenstein is a federally licensed gun dealer, registered at a Pennsylvania address" but not at a New Jersey address.

In addition, papers filed with the Board also revealed that along with the weapons, investigators found more than a pound of marijuana, drug paraphernalia, books pertaining to growing marijuana as well as books concerning how to build a bomb, how to get revenge and how to build silencers and flame throwers.

The State's complaint also alleges that during the search of Ottenstein's office, investigators found unsecured controlled dangerous substances in an open storage room. Licensees are required to maintain all CDS in a secured location and keep a log pertaining to CDS inventory.

During testimony before the Board, Ottenstein admitted that he routinely accepted from patients and retained partially used medications, some of which were controlled dangerous substances. His testimony also revealed that the labels on the vials were inconsistent with the contents of the vials.

"The allegations against Dr. Ottenstein show a wanton disregard for the rules governing the practice of medicine and criminal laws," Attorney General Harvey said.

"Under these circumstances, we feel strongly that any continued practice by this individual would put patients at risk and, for that reason, he should not have the privilege of holding a medical license in the State of New Jersey," Director Erdos. "We are satisfied with the outcome of the Board's hearing."

In rendering its decision, the board found that Ottenstein's practice of accepting and retaining patients' medications, including CDS, and storing them in vials with labels that did not accurately reflect the contents of the vials was "inconsistent with safe medical practice and the standard of care." The Board's conclusion, it said, was bolstered by the presence of weapons and marijuana at his medical practice as well as Ottenstein's own admissions to growing marijuana plants in his office in the past.

Following the search of Ottenstein's office, the physician allegedly attempted to evade arrest by fleeing New Jersey to Pennsylvania on July 17, the day New Jersey's arrest warrant was issued. Ottenstein was later arrested by Pennsylvania authorities and charged as a "fugitive from justice." He posted bail in Pennsylvania, and on July 22 turned himself in to authorities in New Jersey, where he is charged with eight criminal counts pertaining to the marijuana and weapons possession.

This is the second time in less than one year that Ottenstein has faced charges before the Board of Medical Examiners. In September 2002, the State filed suit against Ottenstein alleging he deviated from the standards of practice pertaining to the administration of epidurals. In October, Ottenstein entered into an interim consent agreement, which requires him to conform his transforminal epidural procedures to those recommended by Board experts. This matter is pending a hearing before the Office of Administrative Law.

Deputy Attorney General Kay Ehrenkrantz of the Division of Law is handling the State's cases against Ottenstein before the Board of Medical Examiners.

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Posted September 2003