CONSENTAGREEMENT

BETWEENDANA. GALITA,M.D.,
AND
THESTATEMEDICALBOARDOFOHIO
lO-CRF-IOO
This Consent Agreement is entered into by and between Dan A. Galita, M.D., [Dr. Galita], and
the StateMedical Board ofOhio [Board], a stateagency chargedwith enforcing Chapter4731.,
OhioRevisedCode.
Dr. Galita enters into this ConsentAgreement being fully informed ofhis rights under Chapter
119., Ohio Revised Code, including the right to representation by counsel and the right to a
formal adjudicativehearingontheissuesconsideredherein.
BASISFORACTION
ThisConsentAgreementisenteredintoonthe basisofthe followingstipulations,admissions
andunderstandings:
A. TheBoard is empowered, OhioRevised Code, to limit, revoke, suspend acertificate,
refuse to register or reinstate an applicant, or reprimand or place on probation the
holderofacertificate for a violationofSection4731.22(B)(20), Ohio Revised Code,
for " violating or attempting to violate, directly or indirectly, or assisting in 'or
abettingtheviolationof,orconspiringto violate,anyprovisionsofthischapterorany
rule promulgated by the board," to wit: Section 4731.281; Rule 4731-10-02, Ohio
AdministrativeCode."
B. The Board is also empowered by Section 4731.22(B) Ohio Revised Code, to limit,
revoke, suspendacertificate,refuseto registerorreinstateanapplicant, orreprimand
or place on probation the holder of a certificate for a violation of Section
4731.22(B)(5), Ohio Revised Code, for "making a false, fraudulent, deceptive, or
misleadingstatementinthesolicitationoforadvertisingforpatients,in relationtothe
practice ofsurgery, podiatry, or a limited branch ofmedicine; or in securing or
attempting to secure any certificate to practice orcertificate ofregistration from the
board."
C. Additionally, the Board is empoweredby Section4731.281 (E), Ohio Revised Code,
to impose a civil penalty ofnot more than five thousand dollars on an individual
whom the Board finds did not complete the requisite Continuing Medical Education
[CME] duringtheapplicabletimeperiod.
D. On oraboutAugust11,2010,the Boardissuedto Dr. GalitaaNoticeofOpportunity
for Hearing ("August Notice"), a copy of which is attached hereto and fully
incorporatedhereinasExhibitA.
CONSENTAGREEMENT
DANA. GALITA, M.D.
PAGE2
E. The Board enters into this Consent Agreement in lieu offonnal proceedings based
upontheviolationsofSection4731.22(B)(20),Ohio Revised Code,assetforth inthe
AugustNotice, and expressly reserves the rightto institute fonnal proceedings based
upon any other violations ofChapter4731. ofthe Revised Code, whether occurring
beforeoraftertheeffectivedateof thisConsentAgreement.
F. Dr. GalitaislicensedtopracticemedicineandsurgeryintheStateofOhio,License
Number35.083166. Dr.Galitastatesthatheholdsaninactivelicensetopractice
medicineinthe Stateof NorthCarolina.
G. Dr. Galita admits to the factual and legal allegations pertaining to section
4731.22(B)(20) and the related CMEstatutes and rules as setforth intheAugust 11,
2010 Notice letter. Further, upon this Consent Agreement becoming effective, the
Boardherebydismissestheadditional claimedlegal violationof4731.22(B)(5), Ohio
RevisedCode,allegedintheaforementionedNoticeofOpportunityforhearing.
AGREED CONDITIONS
Wherefore, in consideration ofthe foregoing and mutual promises hereinafter set forth, and in
lieuofany fonnal proceedingsatthistime, Dr. Galitaknowinglyandvoluntarilyagreeswiththe
Boardtothefollowingterms,conditionsandlimitations:
REPRIMANDED
1. Dr. Galitais herebyReprimanded.
DOCUMENTATION OF CME
2. Dr. Dr. Galitastates, and the Board acknowledges receipt ofinfonnation to support,
that Dr. Galita has now satisfactorily completed a requisite number ofhours of
Continuing Medical Education [CME] to be applied toward the October 2, 2006, -
October 1, 2008 CME cycle in orderto remedy his deficiency for that period. Any
CME hours so applied to the prior October 2, 2006, - October 1, 2008 CME cycle
shall notbe countedagaintowardthe CMEcycle inwhichtheywere actuallyearned,
and shall be in additionto the CMErequirements for relicensurefor the CMEperiod
inwhichtheywerecompleted.
3. Dr. Galita shall supply documentation acceptable to the Board of satisfactory
completionofthe requisite numberofCMEhours for the October2, 2008- October
1, 2010 CME cycle that corresponds with Dr. Galita's current period ofactive
licensure that commenced on January 2, 2011, as well as the two subsequent CME
cyclesthereafter. Suchdocumentationshall bedue inthe Board'sofficewithinthirty
days ofthe conclusion ofeach CME period, unless otherwise detennined by the
Board.
CONSENTAGREEMENT
DANA. GALITA,M.D.
PAGE3
FINE
4. Dr. Galitashallpayafme of$5,000.00to the State MedicalBoardofOhio. Thisfine
shallbepaidnolaterthanninety(90)daysfromtheeffectivedateofthisagreement.
REQUIREDREpORTINGBY LICENSEE
5. Within thirty days ofthe effective date ofthis Consent Agreement, Dr. Galita shall
providea copyofthis ConsentAgreementto all employersorentitieswithwhich he
is under contract to provide health care services (including but not limited to third
partypayors)oris receiving training,andthe ChiefofStaffateachhospitalwherehe
hasprivilegesorappointments. Further,Dr. Galitashallpromptlyprovideacopyof
this Consent Agreement to all employers or entities with which he contracts to
provide healthcareservices,orappliesfororreceivestraining, andtheChiefofStaff
at each hospital where he applies for or obtains privileges or appointments. In the
event that Dr. Galita provides any health care services or health care direction or
medical oversight to any emergency medical services organization or emergency
medical services provider, within thirty days ofthe effective date ofthis Consent
Agreement Dr. Galita shall provide a copy ofthis Consent Agreement to the Ohio
DepartmentofPublic Safety, DivisionofEmergencyMedical Services. Further, Dr.
Galitashall providethe Board with oneofthe following documents as proofofeach
required notification within thirty days ofthe date ofeach suchnotification: (1) the
return receipt ofcertified mail within thirty days ofreceivingthat return receipt, (2)
an acknowledgement ofdelivery bearing the original ink signature ofthe person to
whom a copy of the Consent Agreement was hand delivered, (3) the original
facsimile-generated report confirming successful transmission of a copy of the
ConsentAgreementtothepersonorentitytowhomacopyoftheConsentAgreement
was faxed, or (4) an original computer-generated printout of electronic mail
communication documenting the email transmission of a copy of the Consent
Agreement to the person or entity to whom a copy ofthe Consent Agreement was
emailed.This requirement shall continue for three years from the effective date of
this ConsentAgreement.
6. Within thirty days ofthe effective date ofthis Consent Agreement, Dr. Galita shall
provide a copy ofthis Consent Agreement to the proper licensing authority ofany
state orjurisdiction in which he currently holds any professional license, as well as
any federal agency or entity, including but not limited to the Drug Enforcement
Agency, through which he currently holds any license or certificate. Dr. Galita
further agrees to provide a copy ofthis ConsentAgreementattime ofapplicationto
the proper licensing authority ofany state in which he applies for any professional
licenseorreinstatementofanyprofessional license. Further, Dr. Galitashallprovide
the Boardwithone ofthefollowing documents as proofofeachrequired notification
within thirty days ofthe date ofeach such notification: (1) the return receipt of
certified mail within thirty days of receiving that return receipt, (2) an
CONSENTAGREEMENT
DAN A. GALITA, M.D.
PAGE4
acknowledgement ofdelivery bearing the original ink signature of the person to
whom a copy of the Consent Agreement was hand delivered, (3) the original
facsimile-generated report confirming successful transmission of a copy of the
ConsentAgreementtothepersonorentityto whomacopyoftheConsentAgreement
was faxed, or (4) an original computer-generated printout of electronic mail
communication documenting the email transmission of a copy of the Consent
Agreement to the person or entity to whom a copy ofthe Consent Agreement was
emailed.Thisrequirement shall continue for three years from the effective date of
thisConsentAgreement.
7. Dr. Galita shall notify the Board in wntmg of any change ofprincipal practice
address orresidenceaddresswithinthirtydaysofsuchchange.
FAILURE TO COMPLY
If, inthediscretionofthe Secretaryand SupervisingMemberoftheBoard,Dr. Galitaappearsto
haveviolated orbreached any term orcondition ofthis ConsentAgreement, the Board reserves
the right to institute formal disciplinary proceedings for any and all possible violations or
breaches, including, but not limited to, alleged violations ofthe laws ofOhio occurring before
theeffectivedateofthisConsentAgreement.
If the Secretary and Supervising Member of the Board determine that there is clear and
convincingevidencethatDr. Galitahasviolatedanyterm,conditionorlimitationofthisConsent
Agreement, Dr. Galitaagrees thatthe violation,as alleged, also constitutesclearand convincing
evidence that his continued practice presents a danger ofimmediate and serious harm to the
public for purposes ofinitiating a summary suspension pursuant to Section 4731.22(G), Ohio
RevisedCode.
DURATIONIMODIFICATION OF TERMS
The reprimand ofDr. Galita shall not terminate. For the additional terms, Dr. Galita shall not
request termination ofthe terms contained in this Consent Agreement for a minimum offive
years. In addition, Dr. Galita shall not request modification to the terms, limitations, and
conditions contained herein for at least one year, exceptthat Dr. Galita may make such request
with the mutual approval andjointrecommendation ofthe Secretary and Supervising Member.
Otherwise,theabove-describedterms, limitationsandconditionsmay beamendedorterminated
inwritingatanytimeupontheagreementof bothparties.
In the event that the Board initiates future formal proceedings against Dr. Galita including but
not limited to issuance ofa Notice ofOpportunity for Hearing, this Consent Agreement shall
continuein full force and effect until suchtimethat it is superseded byratification by theBoard
ofasubsequentConsentAgreementorissuanceby theBoardofafmal BoardOrder.
In the event that any term, limitation, or condition contained in this Consent Agreement is
determinedto beinvalidby acourtofcompetentjurisdiction,Dr. GalitaandtheBoardagreethat
CONSENTAGREEMENT
DAN A. GALITA, M.D.
PAGE5
all other tenns, limitations, and conditions contained m this Consent Agreement shall be
unaffected.
ACKNOWLEDGMENTSILIABILITYRELEASE
Dr. Galitaacknowledgesthathe has hadan opportunitytoaskquestionsconcerningthetennsof
this Consent Agreement and that all questions asked have been answered in a satisfactory
manner.
Any action initiated by the Board based on alleged violations ofthis Consent Agreement shall
comply with the Administrative Procedure Act, Chapter 119., Ohio Revised Code.
Dr. Galita hereby releases the Board, its members, employees, agents, officers and
representatives jointly and severally from any and all liability arising from the within matter.
This Consent Agreement shall be considered a public record as that tenn is used in Section
149.43, Ohio Revised Code. Further, this infonnation may be reported to appropriate
organizations, data banks and governmental bodies. Dr. Galita acknowledges that his social
security number will be used ifthis infonnation is so reported and agrees to provide his social
securitynumbertotheBoardforsuchpurposes.
EFFECTIVEDATE
It is expressly understood that this Consent Agreement is subject to ratification by the Board
priortosignaturebythe Secretaryand SupervisingMemberand shallbecomeeffectiveuponthe
lastdateofsignaturebelow.

DANA. GALITA,M.D. LANCEA.TAL
Secretary
TeA tt )..0f I
DATE

DAVIDK.FRANK
. ALBERT
AttorneyforDr. Galita


DATE
DAT
CONSENT AGREEMENT
DAN A. GALITA, M.D.
PAGE 6
KYLE. COX
Assistant Attorney General
OZ-7-/J _
DATE