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Subject Number 046-1622 Temporary Suspension of Dr. Kevin Weiner

Subject Numbers Regarding Health Provider Authorizations

Authorization No. 202165-7W

August 31, 2023

Pursuant to Workers' Compensation Law Section 13-d(4), the Chair of the New York State Workers' Compensation Board has exercised her authority to temporarily suspend Dr. Kevin Weiner's authorization to treat injured workers within the New York State workers' compensation system effective August 30, 2023. Dr. Weiner's last known business addresses are:

Total Body Medicine
12 Hudson Valley Professional
Newburgh, New York 12550

Total Body Medicine
90 20 Elmhurst Avenue
Forrest Hills, New York 11375

Total Body Medicine
369 East 149th Street
Bronx, New York 10455

Total Body Medicine
963 Post Avenue
Staten Island, New York 10302

and

Total Body Medicine
44 Court Street
Brooklyn, New York 11201

The Chair's designee's investigation has revealed that the New York State Department of Health, State Board for Professional Medical Conduct (OPMC) has issued Determination and Order # 23-035, wherein the Hearing Committee sustained the first through fifth, and tenth through twentieth specifications of charges set forth in the Amended Statement of Charges, and wherein, pursuant to PHL §230-a(2)(a), Dr. Weiner's license to practice medicine in the State of New York was suspended for a period of 2 years, the entirety of which is stayed, and pursuant to PHL §230-a(6) Dr. Weiner is permanently prohibited from prescribing controlled substances, permanently prohibited from performing all surgical procedures, permanently prohibited from performing all interventional procedures other than electromyography (EMG), and permanently prohibited from performing all invasive procedures other than electromyography (EMG).

Therefore, the Chair believes that Dr. Weiner may be guilty of misconduct, and that such misconduct would detrimentally affect the quality of care provided to injured workers.

Dr. Weiner is prohibited from rendering treatment and care to injured workers, and from conducting reviews of records regarding variance requests pursuant to 12 NYCRR § 324.3(b)(2)(ii)(a), while his authorization is temporarily suspended. Reports submitted by Dr. Weiner for services rendered prior to August 30, 2023, are valid but are invalid for any services rendered on or after that date. Requests to cross-examine Dr. Weiner for services rendered prior to August 30, 2023, should not be denied due to the suspension of his authorization.

This suspension remains in effect until further notice. Any questions regarding the authorized lists should be referred to the Medical Director's Office at 1 (800) 781-2362.

Clarissa M. Rodriguez
Chair