‘COMMONWEALTH OF MASSACHUSETTS a BOARD OF REGISTRATION IN MEDICINE. . MIDDLESEX, SS Aauieatory Case No, 2018-054 (RM-18-622) ) In the Maner of > > FINAL DECISION AND.ORDER Richard J.Pedro,D.0, —___ ycedural History “The Board initiated this matter by issuing a Statement of Allegations against Respondent on Novernber 8, 2018 and refering the matter tothe Division of ‘Adkrinistaive Law Appeals (DAL). The DALA Magistrate conducted a hearing on ‘Getober 21,2019 and issued a Recommended Decision on June 28,2021 tothe Board and tothe parties Respondent filed objections to the Magistrate's Recommended Decisions on July 13, 2021, Complaint Counsel did not ile objections or respond to Respondent's objections, but fied « memorandum on disposition on July 28; 2021, “The Board has reviewed the commended decision, the Respondent's objections nd the memorandum on disposition, On the basis ofits review, the Bosed determines oI vhat thee is no basis to amend the recommended decision’. The Board hereby adopts the recommended decision and incorporates it into its Final Decision and Orde, Discussion ‘The Recommended Decision adopted by the Board concludes that Respondent's criminal behavior of paying another person to engage in sexual conduct establishes lack cof good moral character and conduct that undermines public confidence in the integrity of the medical profession. "The Bord sn equed wo adres cach o Respondents abjetions a provide speci epans or ‘ejecing objections, So lors Board of Regitrnon Malena, 36S Mas 229, 918318 2003),AAs noted in the Recommended Decision: {cis eriminal offense to pay. another peron to engage in sexual conduc oF sree" 10 o so, GiL.¢. 272, § S3A(b). This ens is punishable by upto 2.5 years in the house of coretions, 1; Commanweathw. Brown, 481 Mass 77,43, n8 2018), Dr. Peo admitsthe board's fundamental lepton, namely ‘hate as commited his rine: by his ow confession, he psa woman in xchange for eal conde in 2013 Paying another person for sexuslcondoct is eriminel condi that warrants discipline. The Board has previously imposed discipline against a physician for such conduc. Inthe Mater of Emad S liad, M.D.,Adjudeatory Case No, 2017—23, Board of Registation in Medicine (Final Decision and Onder, August 11,2017). bn Aldi, the Board imposed » reprimand and fine ogsint a pysician who slisted sex and who was arrested and charged wih one count of ses] conduc for a fee, Notably, the physician in Ajahat was not ulimately convicted ofthe rime, because the criminal matter was dismissed upon completion of community service, ‘The Board does not find the fect tha e physician in Aljahat was arested and charged, while Respondent was not, o be a meaningful distinction warranting a different sanetion, In considering a sanction in matiers where a physician admits to having engaged in eximinal conduet, the Board does not focus on whether the conduct resulted in an arest ora criminal conviction?, Is the conduct which indicates lack of good moral character and which undermines public confidence in the medical profession, Ifthe Board were to ignore admissions of eriminal conduct where there is no arrest or convietion, the result would imply that eiminal eonduet by physisians is acceptable so long a they ster clear ofthe erlminal justice system. To the contrary, criminal eonduet reflects poor moral charactor and injures the profesion’s image even when the conduct oes not result in criminal convietton. In ihe Maier of Barrocus, Adjudicatory No, The Board ns i ombl thatthe tle nating he cent version fhe aw hat makes he Respangen's conduct srininl bears the ile "att Reeve othe Commercial Exploitation of People: StibiIne 17Bamending L672, 9 3A a mates hare the fae of hehe pin engaged in criminal conve it su. conviction tsmblahe ava mater of law hal he rina condet ecu. Ini instance, however. he Respaodent'admision By sl esbshes tha he conde! oe.2020-27, Board of Registration in Medicine (Final Decision and Order, December 17, 2020), “The Board is cognizant ofthe fa that Respondents criminal conduet oveurred ight years ago and that he is esteemed by colleagues, bu the Board does not find these factors mitigating. The Board tailors is sanction to deter other physicians from engaging in similar misconduct and thereby protect public confidenoe in the profession. Sov ‘Matter of Concemi, 422 Mass. 326, 329 (1996)* The Board’s responsibilty extends 19 the protection of the vast majority of physicians inthe community, “who do possess the highest degree of integrity, and who ought not to have public ester for their honorable and learned profession eroded by a few who do not lve up to the solemn nature oftheir public trust.” Lexy vs, Board of Registration in Medicine, 378 Mass. 519,528 (1979) (On the basis ofthe foregoing, the Board hereby REPRIMANDS the Respondent's license to practice medicine The Respondent shall provide a complete copy of this Final Decision and Order, ‘with all exhibits and attachments within ten (10) days by certified mail, return receipt requested, or by hand delivery (othe following designated entities: any in- or out-of-state hospital, nursing home clini, other licensed facility, or municipal, state, or federal facility at hich he practices medicine! any in- or out-of-state health maintenance organization with whom he has privileges or any other kind of assosiation; any state ageney, in-or out ate, with which he has a provider contract; any in- or out-of-state smedical employer, whether or not he practices medicine there; the stat licensing boards of all states in which he has any kind of license to practice medicine; the Drug Enforcement Administration - Boston Diversion Group; and the Massachusetts Department of Public Health Drug Control Program, ‘The Respondent shall also provide this notification 19 any such designated eniies with which he becomes associated in the year following the date of imposition of this reprimand. The Respondent is further divested 10 certify to the Board within ten (10) days that he has complied with this “in deeraining on approprin dpa santo for mscondct by an anorney the Supreme Jil ‘Cour nated hat a prmary etree eles pon an prepn ofthe plc andthe bt... We mist ‘Contd hn messes of lip a acestary fo poet he public and ete other atareys ene Se bebavion” Conco 422 Mase 0329directive, The Board expressly reserves the authority to independently notify, at eny time, any of the emits designated above, or any other affected entity, of any action it has taken. The Respondent has the right © appeal this Final Decision and! Order within tiny (30) days, pursuant 19 GL. ©. 30A, §§14 and 15, and GiL. 112, § 64 grt_— ‘Tullan Robinson, MD. Chair Board of Registration in Medicine Date: December 16, 2021