COMMONWEALTH OF MASSACHUSETTS

Suffolk, ss. Division of Administrative Law Appeals

Board of Registration in Medicine,

Petitioner

v. Docket No. RM-07-463

Peppino Butera, M.D.,

Respondent

Appearance for Petitioner:

Karen Rolley, Esq.

Board of Registration in Medicine
200 Harvard Mill Square, Suite 330
Wakefield, MA 01830

Appearance for Respondent:

Paul Cirel, Esq.

Dwyer & Collora, LLP
600 Atlantic Avenue
Boston, MA 02210

Administrative Magistrate:

Joan Freiman Fink, Esq.

RECOMMENDED DECISION

On June 20, 2007, the Petitioner, Board of Registration in Medicine (Board), issued a Statement of Allegations ordering the Respondent, Peppino Butera, M.D., to show cause why he should not be disciplined for engaging in conduct that places into question his ability to practice medicine including gross misconduct and practicing medicine with gross negligence on one occasion or negligence on repeated occasions in his care for Patient A and Patient B.

On that same date, June 20, 2007, the matter was referred to the Division of Administrative Law Appeals (DALA). On August 13, 2007, DALA held a pre-hearing conference at which time an Order to File Status Report was issued ordering the parties to report on the status of the matter on or before November 2, 2007. The parties then notified DALA that they wished to proceed with the hearing to be scheduled in March 2008. On November 6, 2007, a Notice of Hearing was sent to the parties informing them that a hearing would be held on March 18 and March 19, 2008. By agreement of the parties, the hearing was continued until April 22 and April 23, 2008. On April 22, 2008, the parties requested that the hearing again be continued. A subsequent Order to File Status Report to be due on or before June 2, 2008 was issued on April 22, 2008. By agreement of the parties, this Order to File Status Report was then continued until August 20, 2008. On July 23, 2008, the parties advised DALA that they had reached a stipulation. On July 24, 2008, the Respondent's Counsel and Complaint Counsel for the Board filed jointly a document including "Stipulation, Findings of Fact, Conclusions of Law, Sanction, and Execution of this Stipulation."

FINDINGS OF FACT

I hereby adopt the Stipulated Facts submitted by the Respondent's Counsel and Complaint Counsel for the Board in the Stipulation of Facts attached hereto and incorporated herein by reference, as Findings of Fact numbered one (1) through twenty-five (25).

CONCLUSION AND RECOMMENDATION

The facts to which Respondent and Complaint Counsel have stipulated establish a sufficient basis to support the Conclusions of Law to which they have agreed. I therefore adopt these Conclusions of Law.

In determining the appropriate sanction to be imposed upon the Respondent based on the Findings of Fact and Conclusions of Law, I recommend that the Board of Registration in Medicine carefully consider the sanction agreed upon by the parties in its Stipulation.

DIVISION OF ADMINISTRATIVE LAW APPEALS

Joan Freiman Fink
Administrative Magistrate

Dated: 7/28/08


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