STATE OF NEW YORK

DEPARTMENT OF HEALTH
433 River Street, Suite 303 Troy, New York 12180-2299

Barbara A. DeBuono, M.D., M.P.H.

Commissioner

CERTIFIED MAIL - RETURN RECEIPT REOUESTED

Roland0 Roberto Sanchez, M.D. Terrence Sheehan, Esq.

837 South Boulevard NYS Department of Health
Tampa. FL 33606 5 Penn Plaza - Sixth Floor
New York, New York 1000 1
Michael K. Blazicek, Esq.
Stehens, Lynn, Klein & McNicholas
Suite 2500
101 East Kennedy Blvd.
Tampa, FL 33602

RE: In the Matter of Roland0 Roberto Sanchez, M.D.

Dear Dr. Sanchez, Mr. Blazicek and Mr. Sheehan:

Enclosed please find the Determination and Order (No. BPMC-97-205) of

the Hearing Committee in the above referenced matter. This Determination and
Order shall be deemed effective upon the receipt or seven (7) days after mailing by
certified mail as per the provisions of $230, subdivision 10, paragraph (h) of the
New York State Public Health Law.

Five days after receipt of this Order, you will be required to deliver to the
Board of Professional Medical Conduct your license to practice medicine if said
license has been revoked, annulled, suspended or surrendered, together with the
registration certificate. Delivery shall be by either certified mail or in person to:

Office of Professional Medical Conduct

New York State Department of Health
Hedley Park Place
433 River Street - Fourth Floor
Troy, New York 12 180
 If your license or registration certificate is lost, misplaced or its whereabouts
is otherwise unknown, you shall submit an affidavit to that effect. If subsequently
you locate the requested items, they must then be delivered to the Office of
Professional Medical Conduct in the manner noted above.

As prescribed by the New York State Public Health Law $230, subdivision
10, paragraph (i), and 5230-c subdivisions 1 through 5, (McKinney Supp. 1992),
“the determination of a committee on professional medical conduct may be
reviewed by the Administrative Review Board for professional medical conduct.”
Either the licensee or the Department may seek a review of a committee
determination.

Request for review of the Committee’s determination by the Administrative

Review Board stays penalties other than suwension or revocation until final
determination by that Board. Summary orders are not stayed by Administrative
Review Board reviews.

All notices of review must be served, by certified mail, upon the

Administrative Review Board and the adverse party within fourteen (14) days of
service and receipt of the enclosed Determination and Order.

The notice of review served on the Administrative Review Board should be

forwarded to:

James F. Horan, Esq., Administrative Law Judge

New York State Department of Health
Bureau of Adjudication
Hedley Park Place
433 River Street, Fifth Floor
Troy, New York 12 180

The parties shall have 30 days from the notice of appeal in which to file their
briefs to the Administrative Review Board. Six copies of all papers must also be
sent to the attention of Mr. Horan at the above address and one copy to the other
party. The stipulated record in this matter shall consist of the official hearing
transcript(s) and all documents in evidence.
 Parties will be notified by mail of the Administrative Review Board’s
Determination and Order.

Sincerely,
7

Bureau of Adjudication
TTB:crc
Enclosure
STATE OF NEW YORK : DEPARTMENT OF HEALTH
STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT
mw
IN THE MATTER DETERMINATION
OF AND
ROLAND0 ROBERTO SANCHEZ, M.D. ORDER
BPMC-97-205

A Notice of Referral Proceedings and Statement of Charges, both dated May 5, 1997
were served upon the Respondent, ROLAND0 ROBERTO SANCHEZ, M.D.
ROBERT J. O’CONNOR, M.D., Chairperson, RICHARD ASHLEY, M.D. and MR

DENNIS GARCIA, duly designated members of the State Board for Professional Medical

Conduct, served as the Hearing Committee in this matter pursuant to Section 230(10)(e) of the

Public Health Law. MICHAEL P. MCDERMOTT, ESQ., Administrative Law Judge, served

as the Administrative Officer.

A hearing was held on August 13, 1997, at the Offices of the New York State

Department of Health, 5 Penn Plaza, New York, New York. The Department appeared by

HENRY M. GREENBERG, ESQ. General Counsel, by TERRENCE SHEEHAN, ESQ., of

Counsel. The Respondent appeared in person and was represented by STEPHENS, LYNN,
KLEIN & MCNICHOLAS, Suite 2500, 101 East Kennedy Blvd., Tampa, Florida 33602, by
MICHAEL K. BLAZICEK, ESQ., of Counsel.
Evidence was received and transcripts of these proceedings were made.
After consideration of the entire record, the Hearing Committee issues this Determination

and Order.

STATEMENT OF CASE

This case was brought pursuant to Public Health Law Section 230( 1 O)(p). The statute

provides for an expedited hearing where a licensee is charged solely with a violation of
 Education Law Section 6530(9). In such case, a licensee is charged with misconduct based

upon a prior criminal conviction m New York or another Jurisdiction, or upon a prior

administrative adjudication regarding conduct which would amount to professional misconduct.

if committed in New York. The scope of an expedited hearing is limited to a determination of

the nature and severity of the penalty to be imposed upon the licensee.
In the instant case, the Respondent is charged with professional misconduct pursuant to
Education Law Section 6530(9)(b). A copy of the Notice of Referral Proceeding and Statement
of Charges is attached to this Determination and Order as Appendix I.

FINDINGS OF FACT

The following Findings of Fact were made after a review of the entire record in this
matter. Numbers in parentheses refer to transcript page numbers or exhibits. These citations
represent evidence found persuasive by the Hearing Committee in arriving at a particular

finding. Conflicting evidence, if any, was considered and rejected in favor of the cited evidence.

All Hearing Committee findings were unanimous unless otherwise stated.

1. ROLAND0 ROBERTO SANCHEZ, M.D., the Respondent, was authorized to

practice medicine in New York State on September 3, 1976, by the issuance of license number
12823 1 by the New York State Education Department (Pet’s. Ex. 1).
2. By “FINAL ORDER’, dated January 26, 1996, the State Board of Florida, Agency

for Health Care Administration. Board of Medicine, hereinafter “Florida Board”, found, after a
hearing, that the Respondent had performed a leg amputation on the wrong leg of one patient

(Patient # 1) and had amputated another Patient’s (Patient #2) right fourth toe without the patient’s
consent (Pet’s. Ex. 3).
3. Based on these violations, the “Florida Board” reprimanded the Respondent; fined him

Ten Thousand ($10,000) Dollars; suspended his license to practice medicine in the State of

Florida for a period of six (6) months; and placed him on probation for a period of two (2) years.

The terms of said probation includes, among other things, a practice monitor (Pet’s+. Ex. 3).

I 2
4. In its “DISPOSITION” of this case, the “Florida Board” noted:

“The Board specifically finds as mitigation the following facts set forth in the record of

this case:
a. Respondent has practiced for almost 20 years as a licensed physician’
b. Respondent is board certified in his specialty area of medical practice;
C. Both of patient #l’s legs were badly diseased and eventually would have been

removed as a matter of medical necessity;

d. The Board has not used the penalty of suspension , in prior cases of wrongside

surgery; and
e. The fault that existed with regard to the removal of Patient #2’s toe was a matter
of procedure involving the patient informed consent process rather than a

substantive error involving medical technique or ability.

Furthermore, the Board believes that the record in this case establishes that Respondent’s
errors were not intentional and it is the Board’s position that punitive action does not

serve to deter acts of neglect” (Pet’s Ex. 3).

3
 VOTE OF THE HEARING COMMITTEE
(All votes were unanimous unless otherwise specified)

SPECIFICATION

HAVING BEEN FOUND GUILTY OF

PROFESSIONAL MISCONDUCT

Respondent is charged with committing professional misconduct as defined in N.Y.

Educ. Law $6530(9)(b) (McKinney Supp. 1997) by having been found guilty of improper

professional practice or professional misconduct by a duly authorized professional disciplinary

agency of another state where the conduct upon which the findings was based would, if
committed in New York State, constitute professional misconduct under the laws of New York
State.
VOTE: SUSTAINED (3-O)

DETERMINATION OF THE HEARING COMMITTEE

After a review of the entire record in this matter, the Hearing Committee determines

unanimously (3-O) that an appropriate penalty in this case would be to suspend the Respondent’s
license to practice medicine in New York State for a period to coincide with the probation

imposed by the Florida Board. In order for the Respondent to have his New York State medical
license restored, he must submit to the Office of Professional Medical Conduct evidence that he
has satisfactory fulfilled all of the terms of his Florida probation and that his Florida medical
license has been fully restored.

4
If, at some future date, the Respondent chooses to return to practice in New York he

must:
+ provide ninety days prior notice concerning his return to the Office of
Professional Medical Conduct,
+ include with the notice proof that his license remains in good standing in all states
where he maintains a license; and,

+ provide information concerning this disciplinary action to any New York hospital

at which he applies for privileges and/or employment.

ORDER

IT IS HEREBY ORDERED THAT:

1. The Respondent’s license to practice medicine in the State of New York is hereby

SUSPENDED for a period to coincide with the probation imposed by the Florida Board.
2. In order for the Respondent to have his New York State medical license restored, he

must submit to the Office of Professional Medical Conduct evidence that he has

satisfactorily fulfilled all of the terms of his Florida probation and that his Florida

medical license has been fully restored.

3. If, at some future date, the Respondent chooses to return to practice in New York he

must:
+ provide ninety days prior notice concerning his return to the Office of

Professional Medical Conduct,

+ include with the notice proof that his license remains in good standing in all states

where he maintains a license; and

+ provide information concerning this disciplinary action to any New York hospital
at which he applies for privileges and/or employment.

5
4. This Order shall be effective upon service on the Respondent or the Respondent’s

attorney by personal service or by certified or registered mail.

; -
ROBERT J. O’&‘ONNOR, M.D., Chairman
RICHARD ASHLEY, M.D.
MR. DENNIS GARCIA
TO: Roland0 Roberto Sanchez, M.D.
837 South Boulevard
Tampa, FL 33606
Michael K. Blazicek, Esq.
Stephens, Lynn, Klein & McNicholas
Suite 2500
10 1 East Kennedy Blvd.
Tampa, FL 33602

Terrence Sheehan, Esq.

NYS Department of Health
5 Penn Plaza - Sixth Floor
New York, New York 10001
JEW YORK STATE DEPARTMENT OF HEALTH
STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT
_______- -~~---~~~~~~~~~~““_““““““‘__“‘--~-~~~~~~~_________~
II
IN THE MATTER I STATEMENT
OF II OF
I
ROLAND0 ROBERTO SANCHEZ, M.D. I
CHARGES
_________________-_----___________-~__-~~~~~~~~~~~---~~~~~~~~~~~___~ I

ROLAND0 ROBERTO SANCHEZ, M.D., the Respondent, was authorized to

lractice medicine in New York State on or about September 3, 1976, by the
ssuance of license number 128231 by the New York State Education Department.

FACTUAL ALLEGATIONS

4 On or about January 26, 1996 the Florida Agency for Health Care
Administration found, after a hearing, that Respondent had performed a leg
amputation on the wrong leg on one patient and had amputated another
patient’s right fourth toe without the patient’s consent.

Based on these violations, the Florida Agency for Health Care Administration
suspended Respondent’s medical license for six months, placeci him on
probation for two years, required that Respondent have his office: pf&ctice
reviewed by a certified risk manager and fined him $10,000.
 SPECIFICATION OF CHARGES

SPECIFICATION
HAVING BEEN FOUND GUILTY OF
PROFESSIONAL MISCONDUCT
Respondent is charged with committing professional misconduct as defined in
1.Y. Educ. Law §6530(9)(b)(McKinney Supp. 1997) by having been found guilty of
mproper professional practice or professional misconduct by a duly authorized
srofessional disciplinary agency of another state where the conduct upon which the
‘inding was based would, if committed in New York state, constitute professional
misconduct under the laws of New York State [namely N.Y. Educ. Law §§ (3) (4)
and (26)] as alleged in the facts of the following:

1. Paragraph A.

DATED: May f 1997

New York, New York

ROY NEMERSON
Deputy Counsel
Bureau of Professional
Medical Conduct