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Subject Number 046-839 Temporary Suspension of Dr. Saleh A. Fetouh’s Authorization to Treat Injured Workers Effective February 1, 2016

Subject Numbers Regarding Health Provider Authorizations

Authorization No. 132008-4W

February 4, 2016

Pursuant to Workers' Compensation Law Section 13-d(4), the Chair of the New York State Workers' Compensation Board has exercised his authority to temporarily suspend Dr. Saleh A. Fetouh’s authorization to treat injured workers within the New York State workers’ compensation system effective February 1, 2016. Dr. Fetouh's last known business address is 260 Depew Avenue, Buffalo, New York 14214.

The Chair’s designee’s investigation has revealed that the New York State Department of Health, State Board for Professional Medical Conduct (BPMC) has issued Order # 16-009, wherein Dr. Fetouh pled no contest to allegations B1, B2 and C1, including that he told a patient her sonogram pictures should be sent to Hollywood because she was so beautiful, and that said patient should have many children because of her beauty, and that his conduct towards a patient deviated from accepted standards in that, while discussing mammogram results, he stood behind and in physical contact with said patient’s shoulder, resulting in the penalty of immediate limitation of his license to preclude patient contact and any practice of medicine, clinical or otherwise, preclusion from diagnosing, treating, operating, or prescribing for any human disease, pain, injury, deformity, or physical condition, that he shall notify the New York State Education Department, Division of Professional Licensing Services that his license is “inactive”, and that he shall comply with all Requirements for Closing a Medical Practice Following a Revocation, Surrender, Limitation or Suspension of a Medical License enumerated in Exhibit “B” of said Order.

Therefore, the Chair believes that Dr. Fetouh may be guilty of misconduct, and that such misconduct would detrimentally affect the quality of care provided to injured workers.

Dr. Fetouh is prohibited from rendering treatment and care to injured workers while his authorization is temporarily suspended. Reports submitted by Dr. Fetouh for services rendered prior to February 1, 2016, are valid, but are invalid for any services rendered on or after that date. Requests to cross-examine Dr. Fetouh for services rendered prior to February 1, 2016, should not be denied due to the suspension of his authorization.

This suspension remains in effect until further notice. Any questions regarding the authorized lists should be referred to the Medical Director’s Office at 1 (800) 781-2362.

Robert E. Beloten
Chair