COMMONWEALTH OF MASSACHUSETTS

Suffolk, ss. Division of Administrative Law Appeals

Board of Registration in Medicine,


Petitioner

Docket No. RM-08-403

Barry Poret, M.D.,

Respondent


Appearance for Petitioner:

Amy B. Sharff, Esq.

Board of Registration in Medicine
200 Harvard Mill Square, Suite 330
Wakefield, MA 01880

Appearance for Respondent:

Michael Rawson, Esq.

Rawson, Merrigan, & Litner
185 Devonshire Street - 11th Floor
Boston, MA 02110

Administrative Magistrate:

Joan Freiman Fink, Esq.

RECOMMENDED DECISION

On June 18, 2008, the Petitioner, Board of Registration in Medicine (Board), issued a Statement of Allegations ordering the Respondent, Dr. Barry Poret, to show cause why he should not be disciplined for misconduct in the practice of medicine as well as engaging in conduct which places into question his competence to practice medicine and undermines the public confidence in the integrity of the medical profession.


On June 18, 2008, the matter was referred to the Division of Administrative Law Appeals (DALA).

A pre-hearing conference was held on September 15, 2008 at the offices of DALA, 98 North Washington Street, 4th Floor, Boston, MA 02114. As a result of this pre-hearing conference, an Order to File Status Report was issued with an effective reporting date on or before December 10, 2008. By agreement of the parties, the Order to File Status Report was extended to March 12, 2009. On March 12, 2009, the parties notified DALA that they wished to schedule an additional pre-hearing conference. A second pre-hearing conference was held on April 6, 2009 at the offices of DALA. At that time, a hearing on the merits was scheduled for July 13th and July 14th, 2009.

On July 13, 2009, the parties notified the Division that they have agreed to resolve this matter and on that same date they jointly filed a Stipulation executed by Dr. Poret, his counsel, and Board counsel. In the Stipulation, a copy of which is attached as Attachment A, the parties have agreed to certain Findings of Fact and Conclusions of Law.

The Stipulation is incorporated herein by reference. Other than the Stipulation and the admissions contained therein, I have not taken evidence with respect to this matter. Based on the facts as stipulated, I conclude that the Conclusions of Law set forth in the Stipulation are warranted and I hereby adopt them.
Based on the foregoing I recommend that the Board impose such discipline on Dr. Barry Poret as it deems appropriate in light of the facts and conclusions of law as stipulated by the parties.


DIVISION OF ADMINISTRATIVE LAW APPEALS

/s/
Joan Freiman Fink, Esq.
Administrative Magistrate

Dated: 8/18/08