An area doctor who was convicted in 2006 of inappropriately touching a patients' breasts while she was under anesthesia has had his medical license suspended for that act and for two other instances of negligent and incompetent care.

The New York State Board for Professional Medical Conduct's order regarding the medical license of Harjoyt Deol, of 9 Sachem Drive, Skaneateles, will go into effect Thursday, May 3.

The anthesiologist's license to practice medicine will be suspended for three years, but the suspension will be stayed as long as he follows several conditions, including undergoing a clinical competency assessment within 60 days and being monitored by another physician.

In the most serious matter, involving a 56-year-old breast cancer patient admitted to Auburn Memorial Hospital Nov. 16, 2004, for the placement of a MediPort catheter to facilitate chemotherapy, Deol was cited for gross negligence and gross incompetence, according to the state Department of Health's State Board for Professional Medical Conduct statement of charges.

Deol failed to provide adequate ventilation and oxygenation to the patient as she was intubated for the catheter until nursing staff advised that patient had no breathing sounds and they could not see the patient's chest move. By the end of the catheter placement procedure, the woman's heart rate dropped below what was normal for her condition and then dropped to asystole: the state of no cardiac electrical activity. Asystole leads to brain death if it persists for several minutes.

“Respondent failed to properly sedate Patient B, and/or properly monitor the patient and/or provide timely correction of the patient's respiratory insufficiency.” the statement of charges said.

Jeffery Hammond, a spokesman for the state Department of Health, said because of patient privacy, he could not confirm or deny if the patient had died.

Deol also was cited for giving an excessive dose of Propofol, an intravenous anesthetic, to an 87-year-old woman admitted to AMH Oct. 7, 2004, to have her gallbladder removed. This action was described as incompetent and negligent in the statement of charges.

Deol also was cited for touching the breasts of a woman under anesthesia for the Cesarean section delivery of her son Nov. 19, 2003, at AMH. In this instance, Deol was cited for negligence, incompetence, failing to maintain records, moral unfitness and willful physical harassment or patient abuse.

Deol also was sentenced for the same act by former Cayuga County Judge Peter Corning in 2006 to 50 hours of community service after Deol pleaded guilty to the violation charge of second-degree harassment. The woman delivered another son at AMH without being notified by any hospital staff of how Deol had violated her body.

In 2004, an investigation by state health officials cited AMH for its handling of a complaint about Deol's touching of the patient's breast. Among the findings were that the hospital's investigation by AMH medical director Dr. Frank P. LoTurco consisted solely of interviews with Deol and the woman's obstetrician, Dr. Kenneth Palmer. Following the state investigation, Deol took a course addressing sexual behavior and sexual harassment, was monitored for six months and a letter of reprimand was placed in his file.

The state Office of Professional Medical Conduct also investigated as part of its determination whether Deol's medical license should be suspended or revoked and did not change the status of his license at the time.

The consent agreement and order was negotiated between Deol, his attorney, the OPMC and a state attorney. Deol waived his right to have a “hearing on the merits” of the administrative charges by agreeing to all of the stipulations of the consent agreement.

Deol's attorney, George F. Mould, of DeWitt, is on vacation this week, according to his office.

Deol was licensed to practice in New York Feb. 7, 1995. He worked at Auburn Memorial Hospital between 1995 and 2006 when he joined the Finger Lakes Anesthesia Group's practice. The group disbanded June 2005 less than a month after negotiating a new two-year contract. Deol contracted with the group's replacement, Sterling Healthcare, a recruiting company that supplies health professionals to hospitals around the country. Deol's last day of work at the hospital was Jan. 30, 2006.

Roz McCormick, AMH's vice president of patient care services, said she could not address how the hospital handled these instances of patient care because they were under the purview of LoTurco, who is now retired.

As part of Deol's probation, he must undergo a clinical competency assessment involving physician and psychology evaluations and a written exam. The Office of Professional Medical Conduct (OPMC) will review Deol's medical license and his insurance polices. Deol must maintain malpractice insurance covering a minimum of $2 million per occurrence and $6 million per policy year.

Deol will only be allowed to practice medicine when monitored by a licensed physician.

Deol must identify a monitoring physician who will be subject to OPMC approval. This physician must submit a remediation plan to the OPMC including Deol's deficiencies as a physician and retraining recommendations. The monitoring physician will be responsible for submitting progress reports to the OPMC, making random unannounced visits at least once a month and monitoring no fewer than 20 records involving patients and prescription information during each visit.

Deol must complete a continuing education program consisting of a minimum of 50 credit hours within the first two years of his probation. The continuing education must address the monitoring the respiratory status of patients under anesthesia; appropriate induction doses for patients under anesthesia; and appropriate boundaries between physicians and patients. The continuing education will be subject to] approval of the OPMC.

Deol also must stay registered with New York State Education Department, provide his residence and where he is practicing medicine to the OPMC and respond to all OPMC requests.

Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or at amaris.elliot-engel@lee.net