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Subject Number 046-885 Temporary Suspension of Dr. Donald Merrihew, Jr.'s Authorization to Treat Injured Workers Effective September 12, 2016

Subject Numbers Regarding Health Provider Authorizations

Authorization No. 148341-1W

September 13, 2016

Pursuant to Workers' Compensation Law Section 13-d(4), the Chair of the New York State Workers' Compensation Board has exercised his authority to temporarily suspend Dr. Donald Merrihew, Jr.'s authorization to treat injured workers within the New York State workers' compensation system effective September 12, 2016. Dr. Merrihew's last known business address is 319 Bay Road, Queensbury, New York 12804.

The Chair’s designee's investigation has revealed that the New York State Department of Health, State Board for Professional Medical Conduct (BPMC) has issued Order # 16-300, wherein Dr. Merrihew did not contest the First Specification of Charges, that his care of three patients deviated from accepted standards of care, including failure to obtain and/or document adequate physical exams, that he prescribed Klonopin, Suboxone and amphetamines without adequate medical indication, that he prescribed inappropriate combinations of controlled substances, that he failed to adequately manage and/or document medication therapy, and that he failed to maintain a medical record that accurately reflected the evaluation and/or treatment of patients. This resulted in a 24 month stayed suspension and a 24 month probationary period, during which he may practice medicine only when monitored by a licensed physician, board certified in an appropriate specialty (“Practice Monitor”), and he must complete a continuing education program in areas to be decided by the Director of BPMC.

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

Dr. Merrihew is prohibited from rendering treatment and care to injured workers while his authorization is temporarily suspended. Reports submitted by Dr. Merrihew for services rendered prior to September 12, 2016 are valid, but are invalid for any services rendered on or after that date. Requests to cross-examine Dr. Merrihew for services rendered prior to September 12, 2016, 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.

Kenneth J. Munnelly