Eleven months after revoking the license of a Bedford psychiatrist, the New Hampshire Board of Medicine last month reversed itself and agreed with lawyers for Dr. Jayakumar Patil that he can continue his practice.
The turnabout comes after nearly a year of legal maneuvers since Jan. 10, when the board took the unusual step of ordering the license revocation of a psychiatrist with a history of 31 years of practice in the state.
The revocation order, which was never implemented, represented the fourth time that Patil had appeared before the board for disciplinary matters.
In discussions with a Union Leader reporter last week, Patil likened himself to the speeding driver who gets pulled over on a highway where everyone else is speeding. He said he would speak to a reporter after contacting his lawyer.
The following day, the media department of Bernstein Shur issued a statement with Patils name attached: I am truly grateful to all of my patients and my fellow colleagues for their strong support during this time, which meant a lot to me and my family. I am pleased with the resolution we reached with the Board of Medicine, and I appreciate their thoughtful deliberation in this matter.
Efforts to obtain an interview with the Board of Medicine member who presided over the case were unsuccessful.
The revocation order came as New Hampshire struggled, and continues to struggle, with a shortage of psychiatrists and other mental health workers.
Dr. Patrick Ho, a psychiatrist in the Upper Valley and president of the New Hampshire Psychiatric Society, said it can take months for a person to get an initial appointment or follow-up appointment with a psychiatrist.
That backlog is manifested in societal problems of drug abuse and homelessness, he said.
I dont know what (the board) was thinking, but Im sure theyre aware of the context and that definitely provides a backdrop, said Ho, who said hes never met Patil.
Ho said he was bothered to hear the analogy about the one speeder punished among many. He said psychiatrists are expected to adhere to evidence-based standards of care in the profession.
In January, the board found that Patil violated professional standards seven times in the treatment of a man identified as C.C. in 2017. That treatment including prescribing stimulants to a man with an elevated heart rate represented a danger to the patient and did not meet the standards of psychiatric care, the board said in its findings.
Given these circumstances, and give Dr. Patils past history with the Board, the Board finds revocation the appropriate level of discipline, the board wrote in its Jan. 10 order.
It was the fourth time Patil had gone before the board. Each of the other three times resulted in settlement agreements that called for fines.
Patils lawyers filed papers complaining that the C.C. complaint dealt with a period before Patil was working with a board-ordered mentor. Lawyers challenged the credentials of an expert who criticized Patils work. And the lawyers said some board members appeared to be dozing during the revocation hearing.
In the settlement agreement dated last month, the board said it agreed to allow Patil to keep his license in order to avoid the delay and expense of further proceedings and to promote the best interests of the public and the practice of medicine.
A five-year probationary period that includes monthly meetings with a mentor, Dr. Leonard Korn, to review patient records and discuss clinical treatment.
Thirty hours of unspecified course work.
An initial, six-month period in which Patil can see no more than 15 patients a day.
Status hearings before the Board of Medicine, but the ability to end probation after three years.
Written evaluations from Korn.
An independent review of patient records.
In January, Patil asked patients to write the Board of Medicine on his behalf. Colleagues also did so, according to a sample that the board administrators provided to the Union Leader at the time.
A former investigator with the Board of Medicine, Alexis Wallace, noted the nationwide shortage of psychiatrists. When many clients were faced with long waits, Patil expedited intakes and often worked late nights and on weekends, Wallace wrote.
Dr. John Miller, a psychiatrist at Seacoast Mental Health Center in Exeter Hospital, called Patil thoughtful, compassionate and skilled.
Dr. Patil listens and researches what is best for patients, wrote a patient, Mariam Banash. He is more responsive than any other psychiatrist Ive ever seen.
Hutton Snow said he is 73 and on Medicare, and Patil is the only psychiatrist he knows who will accept Medicare.
I personally find him competent, caring, approachable, and (it is) extremely important to allow him to remain in practice, Snow said. There are 900+ patients depending on his care.
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