Written by Katie Piacentini: firstname.lastname@example.org Friday, 27 April 2012 00:00
On April 19, Nassau County’s Special Victims Squad reported that a Sands Point doctor was arrested for a rape that allegedly occurred on Tuesday, April 3 at 8 p.m.
Detectives said the defendant, Marshall Hubsher, 62, a licensed medical doctor specializing in psychiatry, engaged in “oral and vaginal sexual relations” with the victim, a 32-year-old female patient. According to the special victims squad, the incident took place during a treatment session inside Hubsher’s place of business, which is located on Northern Boulevard in Flower Hill.
Police said that Hubsher has been charged with rape third degree and criminal sexual act third degree. Hubsher pleaded not guilty during his arraignment on Thursday, April 19 at First District Court in Hempstead.
According to a report by the New York State Education Department, there are several records showing Hubsher’s past incidents of misconduct dating back to the 1980s. This report says that in 1987, Hubsher was charged with professional medical misconduct by the state’s department of health based on three specifications. The first occurred in 1982, when he pled guilty to knowingly and intentionally possessing 2,000 Methaqualone tablets – a controlled substance commonly known as Quaaludes – in United States District Court, Eastern District of New York. The second took place in 1983, when a state health commissioner found that Hubsher had issued a prescription for a controlled substance with a false date. The third incident happened in 1987, when Hubsher pled guilty in Nassau County Court for grand larceny in the second degree and tampering with public records in the first degree.
As a result of being charged with professional medical misconduct, the state education department’s records show that the board of regents suspended Hubsher’s medical license in 1988. The report then states that Hubsher’s license was revoked in 1995 after the department of health found that he was practicing psychiatry while his license was suspended and, according to reports he was also failing to keep any records of the evaluation and treatment of his patients. A hearing committee for the State Board for Professional Medical Misconduct concluded that he was fraudulently practicing medicine, stating that he did not inform patients that his license was suspended and “he intentionally and knowingly concealed that fact in order to mislead them to falsely believe he was licensed to practice psychiatry and could prescribe medications for their disorders.”
The state education department report shows that the board of regents granted Hubsher’s petition for the restoration of his New York State medical license on April 18, 2006. This was done after the Committee of Professions (COP) met with Hubsher in 2005 to allow him to explain the previous events that led to his license revocation.
According to the report of the COP meeting in 2005, Hubsher first explained that in the early 1980s, he was renting a suite of offices and was subletting space to two other psychiatrists who illegally ordered large quantities of Quaaludes, which were delivered to the suite. Since it was his name on the lease, Hubsher felt that he was responsible for those activities and even though he stated that he did not know about the illegal orders, he pled guilty to the charge.
The report states that Hubsher went on to explain the grand larceny charge and tampering with public records charge. It was previously stated in the state education department report that this charge was based on “submitting false claims to the Medicaid program for three and a half years” and for “falsely altering a New York State Medical Assistance Program Prior Approval Request.” In the report, Hubsher claimed that he was treating two Medicaid patients who had agoraphobia and could not leave their homes. He saw the patients at their homes and each patient paid cash for his travel expenses in addition to the money he received from Medicaid for their sessions. Hubsher insisted to the committee that he was unaware that these activities were illegal.
For the third incident that caused Hubsher’s license to be suspended, Hubsher said that the prescription with a “false date” was due to prescribing a post-dated medication for use during a patient’s upcoming vacation. When the patient tried to fill the prescription earlier to the post-date, the pharmacist called the Drug Enforcement Administration.
When questioned about the period of time when Hubsher was practicing medicine without a license, the report states that Hubsher said he arranged for his brother, who was a psychiatrist, to handle his patients’ medical concerns while he provided them with psychotherapy. However, soon after making this arrangement, Hubsher stated that his brother moved out of the area, and while he acknowledged that he should have referred his patients to another psychiatrist, he took over medical treatment of his patients.
The report of the COP meeting with Hubsher in 2005 also provides a rundown on Hubsher’s work to improve his character during the years his license was revoked. He said that he provided volunteer services to the Red Cross and to his synagogue, and provided free counseling to many people, including those who experienced trauma due to the events of 9/11. He claimed that volunteer work had made him a more caring and compassionate person. Hubsher added that he also grew a lot by taking several ethics courses.
The COP voted to restore Hubsher’s license as a result of the 2005 meeting. Their report states: “It is highly unlikely that [Hubsher] will again engage in activities similar to those which led to the loss of his medical license.”