You are on page 1of 32

The Matter of Atta J. Asef, D.P.M. Case No.

08-CRF-077

Hearing Date: January 28, 2009

SUMMARY OF EVIDENCE All exhibits and the transcript, even if not specifically mentioned, were thoroughly reviewed and considered by the Hearing Examiner prior to preparing this Report and Recommendation. Background Information 1. Atta J. Asef, D.P.M. [Respondent], was born in Iran and came to the United States as a teenager in 1984. He settled with relatives in the Cleveland, Ohio area, attended an English as a second language school, and attended Cuyahoga Community College in pre-med and business. He graduated from the Ohio College of Podiatric Medicine in Cleveland, Ohio in 1994. He became licensed as a podiatrist in Ohio in 1994 or 1995, and also currently holds an active license to practice podiatry in California. He became certified by the American Board of Podiatric Surgery in approximately 2004. Dr. Asef worked as a surgeon for a podiatric group for approximately two years beginning in 1998, and opened his own private podiatric practice in 2000. (Hearing Transcript [Tr.] at 24-31) 2. After graduating from podiatry college in 1994, Dr. Asef completed one year of residency through the Veterans Administration in Cleveland, Ohio during which he participated in various general medical rotations, including anesthesia/pain management, internal medicine, clinical pathology, and vascular surgery. Afterward, he completed three additional years of training in a surgical podiatric residency, where he also studied medical issues beyond the foot and ankle. (Tr. at 28-30, 151-154, Respondents Exhibits [Resp. Exs.] O, P, Q and R) 3. Dr. Asef currently has two offices from which he sees patients - one located at 36001 Euclid Avenue, Cleveland, Ohio, and the other located at 761 E. 200th Street, Euclid, Ohio. Dr. Asef sees approximately 100 patients per week and conducts surgeries on Fridays. He has privileges at five hospitals in northeastern Ohio. (Tr. at 32-34) Dr. Asefs Yellow Pages Advertising 4. Dr. Asef testified that he has advertised his practice in the Yellow Pages in Cleveland, and in Lake and Geauga counties since he opened his private practice and as his budget would allow. Dr. Asef testified that, prior to 2004, he had placed advertisements in the Cleveland and Lake County Yellow Pages books under the Physicians & Surgeons - Podiatrists D.P.M. category. (Tr. at 34-35)

The Matter of Atta J. Asef, D.P.M. Case No. 08-CRF-077

Those advertisements were similar to the advertisement he placed in the 2004, which stated in pertinent part: HOW WOULD YOU PREFER TO BE TREATED? EVERY PATIENT WHO COMES TO OUR PRACTICE IS TREATED AS AN HONORED GUEST, EVERYDAY, EVERY TIME, WITHOUT FAIL; NO EXCEPTIONS. WOULD THAT BE OK WITH YOU? FOOT & ANKLE SURGERY BUNIONS BONE SPURS SPORTS RELATED INJURIES HAMMERTOES & HEEL PAIN DIABETIC FOOT CARE

Atta J. Asef, D.P.M. Associate, American College of Foot & Ankle Surgery (St. Ex. 5) Placement of Second Advertisement in 2004 5. Dr. Asef stated that in the fall of 2003, his Ameritech [now known as SBC] customer representative offered him an incentive that, if he increased the size of his then-existing advertisement, Dr. Asef could include a second advertisement in the Cleveland and Lake/Geauga County Yellow Pages at no additional charge. Dr. Asef agreed, and the second advertisement appeared under the Physicians and Surgeons M.D. & D.O. Plastic, Reconstructive, & Cosmetic Surgery category [Second Advertisement]. The Second Advertisement stated in pertinent part: Cosmetic & Reconstructive Surgery Dr. Atta J. Asef EVERY PATIENT WHO COMES TO OUR PRACTICE IS TREATED AS FAMILY EVERY DAY EVERY TIME, WITHOUT FAIL NO EXCEPTIONS! COSMETIC FOOT SURGERY COLLAGEN & BOTOX VARICOSE VEINS/SPIDER VEINS BUNIONS HAMMERTOES BONE SPURS HEEL PAIN LASER SURGERY

The Matter of Atta J. Asef, D.P.M. Case No. 08-CRF-077

(St. Exs. 6, 7) The Second Advertisement also contained a large photograph of a female face as well as a photograph of Dr. Asef. The allegations in the Boards Notice Letter focus on the content of the Second Advertisement and its development. 6. Dr. Asef stated that, although he had agreed to the incentive, he had no control over where SBC placed the Second Advertisement, and he did not specifically request that the Second Advertisement be placed under the Physicians and Surgeons - M.D. & D.O. category. Despite that, Dr. Asef did acknowledge signing the receipt to place the new advertisements on December 23, 2003, which indicates the paid-for advertisement would be under the Physicians & Surgeons -Podiatrists D.P.M. (Foot) category and the free Second Advertisement would be placed under the Physicians & Surgeons M.D. & D.O. - Plastic Reconstructive, & Cosmetic Surgery category. (Tr. at 49-52; St. Ex. 2) 7. During discussions about his 2004 Yellow Pages advertisements, Dr. Asef stated that Nora White, his SBC customer service representative, told him that she had checked with the SBC legal department and they had determined that it was acceptable for Dr. Asefs Second Advertisement to appear in the Physicians and Surgeons M.D. & D.O. Plastic, Reconstructive & Cosmetic Surgery category. He stated that it was Ms. White who had chosen that category for the Second Advertisement and that he did not choose that category. (Tr. at 162-163) Use of Female Face in Second Advertisement 8. Dr. Asef stated that Ms. White originally had presented some sample full length photos of females and photos of a females leg and foot for use in the Second Advertisement, but Dr. Asef had found them unacceptable, offensive and totally inappropriate to use in his advertisement. He stated that the photo of the female face which was eventually used in the Second Advertisement is the daughter of a patient of Dr. Asef who had given him her picture. Dr. Asef stated that Ms. White, upon seeing the picture, had originally suggested using the photo in the Second Advertisement and also secured getting a release signed by the female. Dr. Asef stated that at no time did Ms. White question the appropriateness of using the picture, but rather thought it was a great idea. (Tr. at 5556, 164-165) 9. At Dr. Asefs April 8, 2008 Board deposition, the following exchange took place: Q. Dr. Asef, please describe each and every purpose for placing the photograph of a womans face in Exhibit No. 1.

The Matter of Atta J. Asef, D.P.M. Case No. 08-CRF-077

A. It was the idea of the SBC rep at the time, but if I was going to mention the word cosmetic and do cosmetic foot surgery in that I use a picture of a female, which I used in my podiatry section also. (St. Ex. 4 at 28) At the hearing, Dr. Asef reaffirmed the statements he made on April 8, 2008, including that it was the SBC representatives idea to use the photo of a females face in the Second Advertisement. (Tr. at 55-56) Omission of D.P.M. Designation in Second Advertisement 10. On April 8, 2008, Dr. Asef also made the following statements to the Board investigative attorney: Q. Are you testifying that you that the written data that you provided to SBC included your designation as a DPM and that they didnt include it in this advertisement? A. My testimony is that I like every ad that I have done, my name is Atta J. Asef and my title is DPM. I did not ask them to drop the DPM. Q. Right. But are you saying that you gave them Atta J. Asef, DPM and that they left out DPM in this advertisement? A. That would be accurate, yes. (St. Ex. 4 at 30, 31) At the hearing, Dr. Asef reaffirmed the statements he made on April 8, 2008, that he had given SBC written data for the Second Advertisement which included the D.P.M. designation after his name but that SBC left it out of the Second Advertisement. (Tr. at 57-58) Final Review of Second Advertisement 11. Dr. Asef testified that he never saw a final proof of either his 2004 podiatry Yellow Pages advertisement placed in the Physicians and Surgeons - M.D. & D.O. category, nor did he ever sign a paper provided by SBC approving the final proof of the Second Advertisement. (Tr. at 167-168) Prior Testimony to the Board 12. Dr. Asef testified at hearing that he was not lying during the April 2008 deposition when he stated that: a. he had no ability to have the Second Advertisement placed in the Physicians and Surgeons - M.D. & D.O. category of the Yellow Pages;

The Matter of Atta J. Asef, D.P.M. Case No. 08-CRF-077

b.

the use of the photograph of the female face in the Second Advertisement was the idea of the SBC representative; his original wording for the Second Advertisement had contained his D.P.M. designation; and he did not see the final proof of the Second Advertisement prior to its publication.

c.

d.

(Tr. at 168-169) Relationship with Martha E. Hackett, M.D. / Practicing Medicine Without a Certificate 13. Dr. Asef testified that Martha E. Hackett, M.D., is a physician with a practice in Mentor, Ohio, who has referred patients to Dr. Asefs practice over the years. He stated that he and Dr. Hackett have been partners since 2006 since they purchased a Sciton laser machine, which is located in Dr. Hacketts office. Dr. Asef described his role in the partnership as mostly an investor. Dr. Asef stated that he was interested in using the Sciton laser on patients in his practice to: reduce scars following cosmetic foot surgery; remove warts; and remove hair on toes. (Tr. 154-155, 64-65) 14. Dr. Asef testified that in early December 2006, he participated in training along with Dr. Hackett on the Sciton laser in Dr. Hacketts office. He stated that as part of the training, he used the Sciton laser to: perform a micro laser peel on approximately one-quarter of a volunteer male patients forehead; and to remove hair from the underarm of a female volunteer patient. (Tr. at 66-70) 15. Dr. Asef further testified that he has used the Sciton laser on a patient one time since it was purchased. He stated that he had used the laser, which is located in Dr. Hacketts office, on the varicose veins in the ankle of a patient. (Tr. at 71) 16. In his April 8, 2008 deposition Dr. Asef admitted to injecting a patients face with collagen as follows: Q. So is it your testimony that you have not injected collagen into any other anatomical structure of a human being other than under the metatarsals? A. When I had training with the trainer while she was holding my hand, I injected the face one time, [as] part of the training. Q. And where was this training at? A. In my office. ***

The Matter of Atta J. Asef, D.P.M. Case No. 08-CRF-077

Q. And when did that happen? A. Um, 06, 2006. Q. Do you remember the month? A. No, sir, I do not. Q. The season? A. I want to say fall. Q. So to the best of your recollection it was sometime in the fall of 2006? A. Yes. Thats when I injected the radius * * *. Q. And you say in the face, what anatomical structure in the face did you inject collagen in the fall or so of 2006? A. Right by the nostril. Q. So near the nares? A. Yes, sir. Q. And how many injections did you provide that patient in their face? A. That was it, that one time. Q. Okay. One time, but did you do one injection or one injection in each side? A. I did one injection on one side and she did the other injection. (St. Ex. 4 at 40, 41) At the hearing, Dr. Asef confirmed that he did inject a patient with collagen in the fall of 2006 as part of a training demonstration in his Cleveland, Ohio office. Dr. Asef said that he does inject collagen under the metatarsals in the foot to relieve pain and discomfort. (Tr. at 71-73)

The Matter of Atta J. Asef, D.P.M. Case No. 08-CRF-077

Nora A. White 17. Ms. White testified that she was the advertising executive for SBC Ameritech who in the fall of 2003 dealt with Dr. Asef regarding his 2004 Yellow Pages advertisements. She stated that she dealt with Dr. Asef directly about the placement and content of his advertisements, and that Dr. Asef was very meticulous about his advertising and what was in his ads. She further stated that Dr. Asef paid a lot of attention to detail and it took her numerous visits and faxing to get the advertisements done to Dr. Asefs standards. (Tr. at 92) 18. Ms. White testified that physicians and other professionals choose which category of the Yellow Pages book their advertisements are placed, although a new category could not be created. She stated that Dr. Asef told her that he wanted his Second Advertisement placed under the Physicians and Surgeons, M.D., D.O., - Plastic, Reconstructive, & Cosmetic Surgery category. Ms. White stated that she asked someone in the SBC marketing department whether Dr. Asefs placement of the advertisement in the category chosen was acceptable and was advised that, so long as Dr. Asefs advertisement was accurate as far as what he does, placement of the advertisement in that category was acceptable. Ms. White testified that she told Dr. Asef of her conversation with the SBC marketing individual. She further stated that, if Dr. Asef made a statement to the Board that he had no control whatsoever about the location of his two advertisements in the Yellow Pages, such would be a false statement. (Tr. at 91-93, 113, 125-126, 137-139) 19. Regarding use of the photo of a female face in the Second Advertisement, Ms. White testified that in her first meeting with Dr. Asef, he suggested using a photo of a woman on a set of stairs showing off her feet. Ms. White stated that she had photos taken of three different models; however Dr. Asef did not approve of any of the photos. She stated that Dr. Asef took it upon himself to obtain the photo of the female ultimately used for the advertisement, whom Ms. White was advised was the daughter of one of Dr. Asefs patients. Ms. White further testified that she advised Dr. Asef that she felt using the photo in question was misleading because it was of the womans face and not her feet. Ms. White denied that using the female face that appeared in the Second Advertisement was in fact her idea. (Tr. at 98-100, 124) 20. Ms. White also testified that the reason that Dr. Asefs designation of D.P.M. does not appear in the Second Advertisement is because Dr. Asef did not request it. She stated that SBC placed the content of the advertisement that Dr. Asef had requested. She also disagreed that Dr. Asef had originally requested that the designation D.P.M. be placed in the advertisement, and that someone from SBC had left it out of the advertisement. (Tr. at 100-101) 21. Ms. White testified that SBC advertising customers typically approve the final proofs of their Yellow Page advertisements by the beginning of March for the year the book is to be published. She further stated that SBC did not retain the final proof of Dr. Asefs markups of the Second Advertisement because Dr. Asef was making changes to the advertisement past the beginning of March 2004 and up to the final printing deadline for the 2004 Yellow Page book. She stated that in

The Matter of Atta J. Asef, D.P.M. Case No. 08-CRF-077

such a situation, the final proof would have been faxed to Dr. Asef for his review and approval but not returned to SBC. (Tr. at 120-122) Martha E. Hackett, M.D. 22. Martha E. Hackett, M.D. testified that she has been licensed to practice medicine in Ohio since 1989 and currently has a family practice in Mentor, Ohio. She stated that she came to know Dr. Asef as a colleague at a local hospital where they both have privileges. She further testified that she and Dr. Asef became partners in approximately December 2006 to purchase a Sciton laser, which she described as a laser with various wavelengths to use on [patients] skin for either vascular or hair removal or resurfacing. She stated that the Sciton laser is currently located in her office and that she uses it in her practice on average of three times per week. (Tr. at 204-206) 23. Dr. Hackett further testified that in early December 2006 at her office, a clinical trainer of the Sciton Company provided training on the various uses of the Sciton laser. Drs. Hackett and Asef participated in using the Sciton laser on certain volunteer patients during that training. She stated that Dr. Asef had used different hand pieces of the Sciton laser to conduct the following procedures on the volunteer patients: (a) a micron laser peel on a male patients face; (b) hair removal from the armpit of a female; (c) applied the laser to Dr. Hacketts cheeks to address presence of little blood vessels; (d) applied the laser to Dr. Hacketts lower face for skin tightening; and (e) hair removal on Dr. Hacketts left calf. (Tr. at 212-215; St. Ex. 3 at 14-17) Advertisement of Other Medical Professionals 24. Dr. Asef introduced specific pages of the 2007 and 2008 Yellow Pages and other advertising books of the Greater Cleveland area as examples of other podiatrists whose phone book advertisements omitted their D.P.M. designations and other podiatrists whose phone book advertisements were placed under the category of Physicians and Surgeons - M.D. & D.O. (Resp. Exs. H, I, J, K, L, M, and N)

RELEVANT OHIO REVISED CODE SECTIONS 1. R.C. 4731.41, in pertinent part, states as follows: Practice of medicine and surgery without certificate No person shall practice medicine and surgery, or any of its branches, without the appropriate certificate from the state medical board to engage in the practice. No person shall advertise or claim to the public to be a practitioner of medicine and surgery, or any of its branches, without a certificate from the board. No person shall open or conduct an office or other place for such practice without a

The Matter of Atta J. Asef, D.P.M. Case No. 08-CRF-077

10

certificate from the board. No person shall conduct an office in the name of some person who has a certificate to practice medicine and surgery, or any of its branches. No person shall practice medicine and surgery, or any of its branches, after the person's certificate has been revoked, or, if suspended, during the time of such suspension. 2. R.C. 2921.11, in pertinent part, states as follows: Perjury (A) No person, in any official proceeding, shall knowingly make a false statement under oath or affirmation, or knowingly swear or affirm the truth of a false statement previously made, when either statement is material. (B) A falsification is material, regardless of its admissibility in evidence, if it can affect the course or outcome of the proceeding. It is no defense to a charge under this section that the offender mistakenly believed a falsification to be immaterial. (C) It is no defense to a charge under this section that the oath or affirmation was administered or taken in an irregular manner. (D) Where contradictory statements relating to the same material fact are made by the offender under oath or affirmation and within the period of the statute of limitations for perjury, it is not necessary for the prosecution to prove which statement was false, but only that one or the other was false. (E) No person shall be convicted of a violation of this section where proof of falsity rests solely upon contradiction by testimony of one person other than the defendant. (F) Whoever violates this section is guilty of perjury, a felony of the third degree. 3. R.C. 2921.13, in pertinent part, states as follows: Falsification (A) No person shall knowingly make a false statement, or knowingly swear or affirm the truth of a false statement previously made, when any of the following applies: (1) The statement is made in any official proceeding.

The Matter of Atta J. Asef, D.P.M. Case No. 08-CRF-077

11

*** (3) The statement is made with purpose to mislead a public official in performing the public official's official function. *** (6) The statement is sworn or affirmed before a notary public or another person empowered to administer oaths. *** (F)(1) Whoever violates division (A)(1), (2), (3), (4), (5), (6), (7), (8), (10), (11), (13), (14), or (16) of this section is guilty of falsification, a misdemeanor of the first degree.

FINDINGS OF FACT 1. Atta J. Asef, D.P.M. graduated from the Ohio College of Podiatric Medicine in Cleveland, Ohio in 1994 and has been licensed to practice podiatric medicine and surgery in Ohio since 1994 or 1995. Dr. Asef has maintained a private podiatric practice with two offices in the Cleveland, Ohio area since 2000. He became certified by the American Board of Podiatric Surgery in approximately 2004 and also holds an active license to practice podiatry in California. Dr. Asef has never been licensed or certified to practice allopathic or osteopathic medicine or surgery in Ohio or any other state. 2. In or about 2004, Dr. Asef caused to be published in the SBC Yellow Pages editions in Cleveland, Ohio and Lake/Geauga counties, Ohio, an advertisement under the heading Physicians & Surgeons MD & DO - Plastic, Reconstructive, & Cosmetic Surgery [2004 Second Advertisement].1 Dr. Asef failed to list his professional title of D.P.M. in the 2004 Second Advertisement; however, an additional advertisement in these same editions under the heading Physicians & Surgeons Podiatrists D.P.M. (Foot) did contain Dr. Asefs professional title. 3. Dr. Asef had control and approval authority of the location of the 2004 Second Advertisement in the Cleveland and Lake/Geauga County Yellow Pages editions and whether said advertisement appeared under the Physicians & Surgeons MD & DO heading. Further, based on the evidence: a. it was Dr. Asefs idea to use the photograph of a female face in the 2004 Second Advertisement;
1

Referred to as 2004 Advertisement in Notice Letter.

The Matter of Atta J. Asef, D.P.M. Case No. 08-CRF-077

12

b. Dr. Asefs original wording for the 2004 Second Advertisement did not contain his title of D.P.M. nor was any such title eliminated from proofs of the 2004 Second Advertisement by SBC; and c. Dr. Asef reviewed the final proof of the 2004 Second Advertisement prior to its publication. 4. On or about April 8, 2009, Dr. Asef knowingly made false material statements under oath to a Board official that: a. he had no control whatsoever about the location of the 2004 Second Advertisement; b. he had no ability to have the 2004 Second Advertisement placed under the Physicians and Surgeons MD & DO Plastic, Reconstructive, & Cosmetic Surgery headings of the Cleveland and Lake/Geauga County editions of the Yellow Pages; c. the use of the photograph of a females face in the 2004 Second Advertisement was the idea of an SBC representative; d. he submitted the original wording for the 2004 Second Advertisement with his title of D.P.M. and e. he did not see the final proof of the 2004 Second Advertisement prior its publication. 5. On or about April 8, 2008, Dr. Asef admitted under oath that: a. in or about the fall of 2006, in his Cleveland, Ohio office, Dr. Asef injected collagen into the face of a human patient; b. in or about 2006, in a physicians office located in Mentor, Ohio, Dr. Asef applied a micro laser peel to the forehead of a human patient; and c. in or about 2006, in a physicians office located in Mentor, Ohio, Dr. Asef applied a laser for hair removal purposes to the underarm of a human patient.

CONCLUSIONS OF LAW 1. As established by Findings of Fact 1, 2 and 5, Dr. Asefs acts, conduct, and/or omissions, individually and/or collectively, constitute the commission of an act that constitutes a felony in this state, regardless of the jurisdiction in which the act was committed, as that clause is used in R.C. 4731.22(B)(10), to wit: R.C. 4731.41, Practicing Medicine Without a Certificate. In that regard, it is noted that R.C. 4731.41 finds as a violation either the actual act of performing specific medical

The Matter of Atta J. Asef, D.P.M. Case No. 08-CRF-077

13

acts or conduct without a certificate or advertising or claiming to the public to be a practitioner when one does not possess the proper certificate. Pursuant to R.C. 4731.99(A), violation of R.C. 4731.41 constitutes a felony offense. 2. As established by Findings of Fact 1 and 4, Dr. Asefs acts, conduct, and/or omissions, individually and/or collectively, constitute: (a) the commission of an act that constitutes a felony in this state, regardless of the jurisdiction in which the act was committed, as that clause is used in R.C. 4731.22(B)(10), to wit: R.C. 2921.11, Perjury; (b) the commission of an act that constitutes a misdemeanor in this state, regardless of the jurisdiction in which the act was committed, as that clause is used in R.C. 4731.22(B)(12), to wit: R.C. 2921.13, Falsification; (c) the failure to cooperate in an investigation conducted by the board * * * as that clause is used in R.C. 4731.22(B)(34); and (d) making a false, fraudulent, deceptive, or misleading statement in the solicitation of or advertising for patients; in relation to the practice of medicine and surgery, * * * podiatric medicine and surgery, or a limited branch of medicine * * * as that clause is used in R.C. 4731.22(B)(5).

Rationale for the Proposed Order Dr. Asef chose to take advantage of the phone companys incentive offer to increase his advertising in the local telephone books for the 2004 advertising year. In the process of doing so, an advertisement which went beyond the scope of a podiatric practice was created and ultimately placed under the phone books heading of Physicians & Surgeons MD & DO - Plastic, Reconstructive, & Cosmetic Surgery. Despite his assertions to the contrary, Dr. Asef was meticulously involved in developing the advertisement and its wording and also expressly approved its placement under the specific heading. Further, the evidence established that Dr. Asef chose to include a photograph of only a females face in the advertisement and he never suggested that the advertisement contain the D.P.M. title after his name. Once questioned about the advertisement and its development, Dr. Asef made several statements to the Board under oath that this Hearing Examiner has found to be false. Such statements included that: he had no control over the location of the advertisement or ability to have the advertisement placed under the specific heading; he did not suggest using the photograph of the female face in the advertisement; his original wording of the advertisement contained his title; and he did not see the final proof of the advertisement. Such false statements constitute, under the Revised Code, the felony of Perjury, the misdemeanor of Falsification, and making a false, fraudulent, deceptive or misleading statement in relation to the practice of podiatry and demonstrating a failure to cooperate in a Board investigation. Further, the advertising that one possesses a medical or surgical certificate when he/she does not constitutes Practicing Medicine Without a Certificate pursuant to R.C. 4731.41. Also, in the course of the Board investigation, Dr. Asef admitted to having performed various procedures which require an allopathic or osteopathic medical certificate to perform legally on patients. These included: injecting

The Matter of Atta J. Asef, D.P.M. Case No. 08-CRF-077

14

collagen into a patients face; applying a micro laser peel to a patients forehead; and using a laser to remove a patients underarm hair. Even though the evidence showed that Dr. Asef performed these procedures only one time each and that each was done during a training session either for collagen or the new laser machine that he purchased with Dr. Hackett, Dr. Asef was not authorized by his Ohio certificate to perform those medical procedures. Unlike previous cases before the Board, there is no evidence that Dr. Asef either continued to practice after a medical certificate was suspended or revoked nor is there evidence that he provided unauthorized services to numerous patients.

PROPOSED ORDER It is hereby ORDERED that: 1. SUSPENSION OF CERTIFICATE: The certificate of Atta J. Asef, D.P.M., to practice podiatric medicine and surgery in the State of Ohio shall be SUSPENDED for an indefinite period of time, but not less than 180 days. 2. CONDITIONS FOR REINSTATEMENT OR RESTORATION: The Board shall not consider reinstatement or restoration of Dr. Asefs certificate to practice podiatric medicine and surgery in Ohio until all of the following have been met: a. Application for Reinstatement or Restoration: Dr. Asef shall submit an application for reinstatement or restoration, accompanied by appropriate fees, if any. Professional Ethics Course(s): At the time he submits his application for reinstatement or restoration, Dr. Asef shall provide acceptable documentation of successful completion of a course or courses dealing with professional ethics. The exact number of hours and the specific content of the course or courses shall be subject to the prior approval of the Board or its designee. Any courses taken in compliance with this provision shall be in addition to the Continuing Medical Education requirements for relicensure for the Continuing Medical Education acquisition period(s) in which they are completed. In addition, at the time Dr. Asef submits the documentation of successful completion of the course or courses dealing with professional ethics, he shall also submit to the Board a written report describing the course(s), setting forth what he learned from the course(s), and identifying with specificity how he will apply what he has learned to his practice of podiatric medicine and surgery in the future.

b.

The Matter of Atta J. Asef, D.P.M. Case No. 08-CRF-077

15

c.

Personal Ethics Course(s): At the time he submits his application for reinstatement or restoration, Dr. Asef shall provide acceptable documentation of successful completion of a course or courses dealing with personal ethics. The exact number of hours and the specific content of the course or courses shall be subject to the prior approval of the Board or its designee. Any courses taken in compliance with this provision shall be in addition to the Continuing Medical Education requirements for relicensure for the Continuing Medical Education acquisition period(s) in which they are completed. In addition, at the time Dr. Asef submits the documentation of successful completion of the course or courses dealing with personal ethics, he shall also submit to the Board a written report describing the course(s), setting forth what he learned from the course(s), and identifying with specificity how he will apply what he has learned to his practice of podiatric medicine and surgery in the future

d.

Additional Evidence of Fitness to Resume Practice: In the event that Dr. Asef has not been engaged in the active practice of podiatric medicine and surgery for a period in excess of two years prior to application for reinstatement or restoration, the Board may exercise its discretion under R.C. 4731.222 to require additional evidence of his fitness to resume practice.

3. PROBATION: Upon reinstatement or restoration, Dr. Asefs certificate shall be subject to the following PROBATIONARY terms, conditions, and limitations for a period of at least two years: a. Obey the Law: Dr. Asef shall obey all federal, state, and local laws, and all rules governing the practice of podiatric medicine and surgery in Ohio. Quarterly Declarations: Dr. Asef shall submit quarterly declarations under penalty of Board disciplinary action and/or criminal prosecution, stating whether there has been compliance with all the conditions of this Order. The first quarterly declaration must be received in the Boards offices on the first day of the third month following the month in which Dr. Asefs certificate is restored or reinstated. Subsequent quarterly declarations must be received in the Boards offices on or before the first day of every third month. Personal Appearances: Dr. Asef shall appear in person for an interview before the full Board or its designated representative during the third month following the month in which Dr. Asefs certificate is restored or reinstated, or as otherwise directed by the Board. Subsequent personal appearances must occur every six months thereafter, and/or as otherwise requested by the Board. If an appearance is missed or is rescheduled for any reason, ensuing appearances shall be scheduled based on the appearance date as originally scheduled.

b.

c.

The Matter of Atta J. Asef, D.P.M. Case No. 08-CRF-077

16

d.

Violation of Terms of Probation: If Dr. Asef violates the terms of his probation in any respect, the Board, after giving him notice and the opportunity to be heard, may institute whatever disciplinary action it deems appropriate, up to and including permanent revocation of his certificate. Tolling of Probationary Period while Out of Compliance: In the event Dr. Asef is found by the Secretary of the Board to have failed to comply with any provision of this Order, and is so notified of that deficiency in writing, such period(s) of noncompliance will not apply to the reduction of the probationary period.

e.

4. TERMINATION OF PROBATION: Upon successful completion of probation, as evidenced by a written release from the Board, Dr. Asefs certificate will be fully restored. 5. REQUIRED REPORTING AND DOCUMENTATION OF REPORTING: a. Required Reporting to Employers and Hospitals: Within 30 days of the effective date of this Order, Dr. Asef shall provide a copy of this Order to all employers or entities with which he is under contract to provide health care services (including but not limited to third-party payors) or is receiving training, and the Chief of Staff at each hospital where he has privileges or appointments. Further, Dr. Asef shall provide a copy of this Order to all employers or entities with which he contracts to provide health care services, or applies for or receives training, and the Chief of Staff at each hospital where he applies for or obtains privileges or appointments. In the event that Dr. Asef provides any health care services or health care direction or medical oversight to any emergency medical services organization or emergency medical services provider, within 30 days of the effective date of this Order, Dr. Asef shall provide a copy of this Order to the Ohio Department of Public Safety, Division of Emergency Medical Services. This requirement shall continue until Dr. Asef receives from the Board written notification of his successful completion of probation as set forth in paragraph 4, above. b. Required Reporting To Other State Licensing Authorities: Within 30 days of the effective date of this Order, Dr. Asef shall provide a copy of this Order to the proper licensing authority of any state or jurisdiction in which he currently holds any professional license, as well as any federal agency or entity, including but not limited to the Drug Enforcement Agency, through which he currently holds any license or certificate. Dr. Asef further shall provide a copy of this Order at the time of application to the proper licensing authority of any state in which he applies for any professional license or reinstatement or restoration of any professional license.