NY Psychiatrist Don Kerson Surrenders License on Controlled Substance, Sex-Related Charges

April 17, 2019

On February 20, 2019, the New York State Board of Professional Medical Conduct (OPMC) accepted the surrender of psychiatrist Don Kerson’s medical license.

Kerson practiced in both New York City and Brooklyn.

The OPMC’s documents relate to Kerson’s treatment of six patients (“Patients A, B, C, D, E, and F”) he treated from July 2010 through June 2015 and during which time he variously deviated from accepted medical standards in the following ways:

  • Failed to appropriately diagnose, evaluate, and treat one patient. 
  • Inappropriately prescribed controlled substances to four patients.
  • Failed to order and/or perform adequate testing and/or follow-up for three patients. 
  • Failed to appropriately monitor two patients’ use of stimulants and/or other controlled substances.
  • Failed to maintain an adequate medical record for two patients. 
  • Failed to coordinate treatment with one patient’s other health care providers. 
  • Placed false entries in one patient’s medical record, knowingly and with intent to deceive.
  • Inappropriately provided controlled substances and/or post-dated prescriptions to a patient. 
  • Engaged in a sexual and/or improper personal relationship with a patient while treating her and inappropriately attempted to dissuade the patient from reporting his improper behavior to physician disciplinary officials. 
  • Engaged in inappropriate conversations with a patient for other than good faith medical purpose.
  • Inappropriately combined two patients’ medical records with those of other patients and inappropriately issued prescriptions in those two patients’ names to other patients, knowingly and with intent to deceive. 
  • Failed to consistently consult the Prescription Monitoring Registry (PMR) prior to prescribing and/or dispensing controlled substances to all six patients (as required by law) and also failed to document either the consultation of PMR or reason for lack of such consultation.

Kerson admitted to the OPMC that he could not successfully defend against at least one act of misconduct alleged and opted to surrender his license rather than have the allegations brought to a hearing.

Source: Surrender Order in the Matter of Don Kerson, M.D., BPMC No. 19-028, New York State Department of Health State Board for Professional Medical Conduct, February 12, 2019.

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