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Subject Number 046-620 Revocation of Dr. Arthur Menken's Authorization to Treat Injured Workers Effective August 19, 2013

Subject Numbers Regarding Health Provider Authorizations

Authorization No. 108923-4W

August 21, 2013

Pursuant to Workers' Compensation Law Section 13-d(5), the Chair of the New York State Workers' Compensation Board has exercised his authority to revoke Dr. Arthur Menken's authorization to treat injured workers within the New York State workers' compensation system effective August 19, 2013. Dr. Menken's last known business address is 21 Reade Place, Suite 3200, Poughkeepsie, NY 12601.

The revocation is based upon Consent Order (BPMC No. 12-215), issued by the New York State Department of Health, State Board for Professional Medical Conduct (BPMC), effective October 29, 2012. In that Consent Agreement and Order, Dr. Menken did not contest the allegations set forth in Exhibit A of the Consent Agreement and Order, which included a statement of charges regarding inappropriate conversations with patients, and a specification of patient harassment constituting professional misconduct as defined in N.Y. Educ. Law § 6530(31).

The professional misconduct yielded the following penalty: censure and reprimand, and a license restriction which precludes treatment of any female patient except in the presence of a chaperone, with a 36 month probationary period, subject to petition for early release from probation after 24 months, and such other and further terms as set forth in the Order.

Dr. Menken had his authorization to conduct independent medical examinations removed by the Board on January 25, 2013, and his authorization to treat injured workers temporarily suspended by the Board on February 4, 2013.

Dr. Menken is prohibited from rendering treatment and care to injured workers. Reports submitted by Dr. Menken for services rendered prior to February 4, 2013, are valid, but are invalid for any services rendered on or after that date. Requests to cross-examine Dr. Menken for services rendered prior to February 4, 2013, should not be denied due to the temporary suspension and subsequent revocation of his authorization to treat.

Any questions regarding the authorized lists should be referred to the Medical Director's Office at 1 (800) 781-2362.

Robert E. Beloten