COMMONWEALTH OF MASSACHUSETTS

Suffolk, ss. Division of Administrative Law Appeals

Board of Registration in Medicine,


Petitioner

Docket No. RM-07-376

Adam W. Cerel, M.D.,

Respondent


Appearance for Petitioner:

Jean M. O'Brien, Esq.

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

Appearance for Respondent:

Robert A. Griffith, Esq.

Gargiulo/Rudnick, LLP
66 Long Wharf
Boston, MA 02110

Administrative Magistrate:

Sarah H. Luick, Esq.

RECOMMENDED DECISION- Corrected


On May 16, 2007, Petitioner, Board of Registration in Medicine (Board), issued a Statement of Allegations ordering Respondent, Adam W. Cerel, M.D., to show cause why he should not be disciplined for violating provisions of the laws of the Commonwealth relating to the practice of medicine and rules and regulations adopted thereunder, and because he had engaged in conduct that undermines the public confidence in the integrity of the medical profession. Respondent filed an Answer to the Statement of Allegations on June 27, 2007.

On May 17, 2007, the matter was referred to the Division of Administrative Law Appeals (DALA). A pre-hearing conference was held July 30, 2007 at the offices of DALA, 98 North Washington Street, 4th Floor, Boston, MA 02114. On December 19, 2007, Petitioner filed a Motion to Strike some of the numbered paragraphs from the Statement of Allegations, and to have the remaining numbered paragraphs subject to a More Definite Statement. On February 12, 2008, I allowed the Motion and accepted from Petitioner an Amended Statement of Allegations. On February 29, 2008, Respondent filed an Answer to the Amended Statement of Allegations. Another pre-hearing conference was held April 2, 2008.

Thereafter, on January 20, 2009, the parties notified DALA that they had agreed to resolve this matter and filed a "Stipulation" executed by Dr. Cerel, his counsel and Board counsel. In the Stipulation, the parties have stipulated to certain findings of fact, including mitigating factors, and agreed to conclusions of law.
The Stipulation is incorporated herein by reference. (Attachment A.) Other than the facts as stipulated in 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 imposed such discipline on
Dr. Cerel as it deems appropriate in light of the facts and conclusions of law stipulated by the parties.

DIVISION OF ADMINISTRATIVE LAW APPEALS


//s//
Sarah H. Luick, Esq.
Administrative Magistrate

DATED:8/18/09