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BEFORE THE STATE BOARD OF MEDICAL EXAMINERS
STATE OF GEORGIA
- IN THE MATTER OF:
- STEPHEN B. EDELSON, M.D.
License No. 013268
- DOCKET NUMBER 94-569
- FILED APR 06 1995
By agreement of the Composite State Board of Medical Examiners
and STEPHEN B. EDELSON, M.D., Respondent, the following disposition
of this matter is entered pursuant to the provisions of the Georgia
Administrative Procedure Act, codified as O.C.G.A. Section 50-13-13(a)(4).
FINDINGS OF FACT
The Respondent is licensed to practice medicine in the State
of Georgia and was so licensed at all times relevant to the matters
The Respondent admits that he prescribed Schedule II, III
and IV narcotics to members of his family and prescribed non-scheduled
drugs for self-use in violation of Rule 360-2.09 (g) of the Board's
rules, and did not keep adequate records of such prescription
practices in violation of Board Rule 360-2.09 (d).
Respondent admits that one of the charts in question did not
contain documentation of an initial physical examination, and
the other chart in question did not have adequate progress notes
which constitutes a violation of O.C.G.A. 43-34-37(7).
Based upon the foregoing admissions, the Respondent waives
any further findings of fact with respect to the above matter
and agrees that the Board may enter this Order without the necessity
of receiving evidence in support thereof.
CONCLUSIONS OF LAW
However, the Respondent shall be allowed to submit a Supplemental
statement for the investigative file in explanation and mitigation
of the matters stated herein as part of the investigative file,
for consideration by the Board prior to its review of this Consent
Respondent's admissions in the Findings of Fact constitute
sufficient grounds for disciplinary action under O.C.G.A. Chs.
1 and 34, T. 43 as amended. The Respondent hereby waives any
further conclusions of law with respect to the above-styled matter.
The Composite state Board of Medical Examiners, having considered
the particular facts and circumstances of this case, hereby orders,
and the Respondent hereby agrees to the following terms of discipline:
Respondent's license shall be placed on probation for a period
of two (2) years, with the following terms and conditions of
(a) Respondent shall not perform chelation therapy except
treatment of documented cases of heavy metal poisoning at any
in location (hospital or outpatient). However, Respondent shall
be permitted to perform chelation therapy in connection with
formal clinical trials for which he has been approved as a clinical
investigator. Any question pertaining to the interpretation of
the restriction contained herein shall be directed to the Board
in writing, c/o the Medical Coordinator, prior to the performance
of any such procedure, and the burden of ascertaining whether
any particular procedure falls within or without the scope of
this restriction shall be upon the Respondent. If the Respondent
shall engage in the practice of medicine in violation of this
provision, his license shall be subject to further discipline,
including but not limited to revocation, upon substantiation
thereof. In case of a bona fide, life-threatening emergency,
Respondent shall not be restricted from rendering appropriate
treatment, but shall promptly submit a report documenting his
treatment to the Medical Coordinator.
(b) Respondent shall submit to the Board for its approval
a program of twenty (20) hours per year of continuing education
approved by both the American Medical Association and the Board,
which the Respondent shall complete within the probationary period
and provide documentation thereof to the Board. The requirements
set forth in this sub-paragraph shall be in addition to the requirements
set forth in O.C.G.A. Section 43-34-3.
(c) The Respondent shall personally maintain on a daily
basis an accurate and separate log of all Schedule II, III and
IV controlled substances, and prescription drugs prescribed,
administered, or dispensed in his office or their generic equivalents.
The log shall contain the date, drug, strength, amount, and diagnosis
or reason for prescribing. Provided, further, that if such drug
is prescribed, administered, or dispensed, etc. to the same patient
more than once, the Respondent shall justify the continued prescribing
of said drug on the patient's office clinical record. Respondent
shall not prescribe any controlled substance for his personal
use or for use by his family members (including parents). The
Respondent's prescribing.practices shall be closely monitored
throughout the probationary period.
(d) Should the Drug Enforcement Administration determine after
lawful proceedings that Respondent's DEA registration should
be rescinded or more restricted than is outlined herein, such
finding will supersede any provisions of this consent order relating
to controlled substances.
(e) The Respondent shall complete the course "Appropriate
Prescribing of Controlled Substances" offered by the Southern
School of Pharmacy at Mercer University in Atlanta within the
probationary period and provide documentation thereof to the
(f) The Respondent shall in all respects comply with Board
Rule 360-2-.09, relating to diagnosis, treatment and record keeping.
(g) Respondent's advertising and other written (including,
but not limited to electronic and video media) statements to
the public relating to his medical practice shall comply in all
respects with,O.C.G.A. § 43-34-37(a) (6).
(h) The Medical Coordinator or another representative of the
Board shall periodically review and inspect, at any reasonable
time designated by the representative, the Respondent's office,
hospital or nursing home records and any required lobs, as deemed
necessary. The Respondent shall have the right to be present
during such inspection of records, and the rights of privacy
and confidentiality of patients shall be maintained. The Respondent
shall be available, upon reasonable notice, for personal interviews
with the Medical Coordinator or other representative of the Board.
Failure of the Respondent to be reasonably available for inspection
of his records or for personal interviews with a Board representative
shall be considered a violation of this Consent Order.
(i) If Respondent employs a physician's assistant in his practice,
Respondent shall not utilize the physician's assistant to perform
tasks which are otherwise prohibited by the terms of this Consent
Order, or otherwise utilize the services of the physician's assistant
in such a way as to circumvent any restriction, term or condition
(j) In the event the Respondent should leave the State of
Georgia to reside or practice outside of Georgia for periods
longer than thirty (30) consecutive days, the Respondent shall
notify the Board in writing of the dates of departure and return.
Respondent need not remain in Georgia during the suspension period.
Periods of residency or practice outside of Georgia will not
apply to the reduction of the Respondent's probationary period,
unless otherwise authorized by the Board under such conditions
as the Board deems acceptable. The Respondent shall advise the
Board of any change in his practice status and address of record.
(k) The Respondent shall supply a copy of this Consent Order,
once approved and docketed, and within ten (10) days from receipt
of the docketed copy by Respondent, to each hospital or other
institution in Georgia where Respondent currently maintains staff
privileges of any kind, and to any person with whom Respondent
is currently associated in practice, including other physicians
or physician's assistants or to any person or entity for whom
Respondent is currently employed as a physician in the State
of Georgia. Respondent shall also be required to disclose the
existence of and provide a copy of this Consent Order to such
individuals or entities in connection with any future application
for institutional appointment, associated practice, utilization
of a physician's assistant, or employment as a physician in the
State of Georgia during the term of Respondent's probation. By
executing this Consent Order, Respondent specifically consents
to any such individuals or entities reporting to the Board information
which would affect Respondent's ability to practice medicine
with reasonable skill and safety to patients, notwithstanding
any privilege provided by state or federal law.
(1) The Respondent shall abide by all State and Federal laws
regulating the practice of medicine or relating to drugs, the
Rules and Regulations of the Composite state Board of Medical
Examiners, and the terms of this Consent Order and probation.
If the Respondent shall fail to abide by such laws, rules or
terms, or if it should appear from monitoring reports submitted
to the Board that the Respondent is otherwise unable to practice
medicine with reasonable skill and safety to patients, the Respondent's
license shall be subject to further discipline, including revocation,
upon substantiation thereof after notice and hearing, and if
revoked the Board in its discretion may determine that the license
should be permanently revoked and not subject to reinstatement.
(m) Within 60 days from the scheduled date of termination
of probation, Respondent may petition for termination of probation
by certifying under oath before a notary public that the Respondent
has complied with all conditions of probation. The Composite
state Board of Medical Examiners shall be authorized to review
and evaluate the practice of the Respondent prior to lifting
At such time, the Board shall be authorized to restore all
rights and privileges incident to the license of the Respondent,
unless the Board has received information that the Respondent
has not complied with the terms of the probation or has otherwise
failed to comply with the laws and rules regulating the practice
of medicine. Should the Board determine that reasonable cause
exists for maintaining Respondent's license on probationary status,
the Board shall notify Respondent of its intent to extend the
probationary period, and Respondent may respond to such notice
in writing or request an appearance before the Board as in a
noncontested case. In any event, this Consent Order shall remain
in effect pending a final determination by the Board and notification
that the probationary period has terminated.
Commencing with the effective date of this Order and continuing
until further order of the Board, Respondent shall disclose in
writing to each patient the cost of each treatment, procedure
and service to be rendered and clearly state that such treatment,
procedure and service may not be covered by the patient's insurance
(if applicable), and if not, that the patient will be responsible
for the uncovered charges. The intent of this provision is to
ensure that each patient knows in advance that insurance may
not cover any or all of the charges for Respondent's treatment,
procedures and services and that they will be responsible for
all charges not paid or reimbursed by insurance.
In addition to and in conjunction with any other sanction
contained herein, this Consent Order and dissemination thereof
shall serve as a public reprimand to the Respondent for his conduct.
In addition to and in conjunction with any other sanction
contained herein, Respondent shall pay a fine of $5,000, payable
by certified check to the Board.
Respondent, Stephen B. Edelson, M.D., acknowledges that he
is represented by counsel in this matter, that he has read this
Consent Order and discussed it with counsel. Respondent understands
that he has the right to a hearing in this matter, and Respondent
freely, knowingly and voluntarily waives such right by entering
into this Consent Order. Respondent understands that this Consent
Order will not become effective until approved by the Composite
State Board of Medical Examiners and docketed by the Joint Secretary.
Respondent further understands and agrees that a representative
of the Department of Law may be present during presentation of
this Consent Order to the Board and that the Board shall have
the authority to review the investigative file and all relevant
evidence in considering this Consent Order. Respondent further
understands that this Consent Order, once approved and docketed,
shall constitute a public record which may be disseminated as
a disciplinary action of the Board. If this Consent Order is
not approved, it shall not. constitute an admission against interest
in this proceeding, or prejudice the ability of the Board to
adjudicate this matter. Respondent consents to the terms of discipline
Approved, this 5th day of April, 1995
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This page was posted on October 18,
- COMPOSITE STATE BOARD OF MEDICAL EXAMINERS
- LARRY E. BRIGHTWELL, M.D.
WILLIAM G. MILLER
State Examining Boards
- consented to:
- STEPHEN B. EDELSON,
- RICHARD A. JAFFE, Esq,
- Attorney for respondent