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Hearing for Dr. Rosenthal continued after indication he may surrender license; matter set for Dec. 8
Summary
The board granted a continuance for the disciplinary hearing concerning Dr. Rosenthal after his counsel reported the respondent told staff by phone he may surrender his license; the board directed counsel to confirm the conservator’s position and continued the matter to Dec. 8.
Board members continued the disciplinary hearing for Dr. Rosenthal after counsel and department staff said the respondent had telephoned the office and indicated he intends to surrender his license but had not done so formally in writing.
The hearing began with staff noting the court reporter had not yet appeared. Department staff and hearing counsel said they had received calls or emails indicating Dr. Rosenthal might not attend. Attorney Fazina (recorded in the meeting as counsel present for the respondent) told the board she had exchanged emails with attorney Paul Whitaker, who she said was acting as conservator and had told her previously he would not attend; Whitaker had said a friend would assist Dr. Rosenthal to sign into the virtual meeting.
At one point, a third party identified as Joy Gary said her organization had been contacted repeatedly by the individual about the hearing and clarified that her group is not the Department of Public Health and is not handling the hearing.
The board discussed options: proceed with the hearing despite the absence, or grant a continuance to allow Dr. Rosenthal and his conservator to clarify whether he will formally surrender his license. A member said there was no evidence Dr. Rosenthal posed an immediate danger because his license was already suspended, and several board members favored a short continuance to allow the respondent and conservator to act. One member moved to grant a continuance; another seconded. The board voted in favor and continued the matter until the board’s Dec. 8 agenda. The board directed hearing counsel to contact Dr. Rosenthal or his conservator, attorney Whitaker, to confirm their position before the continued date.
Department staff also noted that if Dr. Rosenthal later submits a voluntary surrender before a final decision is released, standard procedures would govern acceptance of that surrender; if no surrender is submitted, the board will reconvene the hearing on Dec. 8.
The board adjourned after completing that business.
