N.C. Medical Board determines unprofessional conduct
LUMBERTON – An orthopedic surgery specialist who has practiced primarily in Lumberton has been suspended indefinitely for writing fraudulent prescriptions to someone he was involved with in a romantic relationship, according to the N.C. Medical Board.
Dr. Eric Breitbart also has been charged with writing fraudulent prescriptions to several of his friends and coworkers at UNC Health Southeastern in Lumberton, the state Medical Board said in a consent order. This was enacted by order of the state Medical Board on Nov. 2.
His conduct, the board determined, constitutes unprofessional conduct.
According to N.C. General Statute 90-14(a)(6), there are “grounds under that section of the N.C. General Statutes for the board to annul, suspend, revoke … or limit Dr. Breitbart’s license to practice medicine or to deny any application he may make in the future.”
Breitbart did not immediately return a phone message left with his Lumberton practice late Friday morning.
The doctor has been affiliated with UNC Health Southeastern.
“UNC Health Southeastern is aware of allegations against Dr. Eric Breitbart and the findings of the North Carolina Medical Board,” the hospital said in a statement. “We take findings of ethical breaches very seriously. Dr. Breitbart is no longer employed by or affiliated with our organization.”
Breitbart was first issued a license to practice medicine by the Medical Board on or about March 16, 2015. He was known to practice orthopedic sports medicine in Lumberton.
Based on his website, orthopedic surgeons diagnose and treat conditions of the muscles, bones and joints. They often treat sports injuries, degenerative diseases, tumors, infections and birth defects. They also perform joint repair and replacement surgeries.
On February 13, 2023, and July 10, 2023, the N.C. Medical Board said it received two letters from Breitbart acknowledging inappropriate prescribing.
The board said Breitbart wrote prescriptions for “Person A,” someone he was friends with, from January 2019 to June 2020. The doctor prescribed Phentermine, a medication used for weight loss.
Breitbart did not perform an examination of Person A prior to prescribing these medications to her and did not maintain proper medical record documentation. The board noted that Person A was already being treated for her weight loss and was already prescribed Phentermine by another provider, and that Breitbart issued the prescriptions in question at Person A’s request to alleviate the costs of follow-up visits.
From March to May 2019, Breitbart wrote prescriptions for “Person B,” someone with whom he was in a romantic relationship, the consent order stated. He prescribed Cytotec, a medication often used to treat ulcers as a means for Person B to have what she claimed to be a potential medical abortion.
Breitbart also prescribed Percocet for pain associated with the abortion and Xanax to treat her existing anxiety and panic disorder, the board said. Breitbart did not perform an examination of Person B prior to prescribing these medications to her and did not maintain proper medical record documentation.
From July 2019 to May 2022, the board said, Breitbart routinely prescribed Lunesta to “Person C,” who was an employee of Eric Adam Breitbart, M.D., after she claimed to be unable to obtain refills from her originating prescriber due to the physician leaving the practice.
Although Person C became an orthopedic patient in 2021, Breitbart did not perform an examination prior to prescribing this medication and did not maintain proper medical record documentation related to the alleged sleeping issues, the board noted.
The board said that from July 2021 to October 2022, Breitbart routinely prescribed Xanax to “Person D,” a close friend, with the knowledge that she was providing the medication to Person B.
From April to July 2022, the consent order said, Breitbart prescribed Phentermine to “Person E,” a close friend with whom he had no physician-patient relationship, with the knowledge that at least part of the prescription would be given to Person B.
On February 23, 2023, Breitbart placed his license on inactive status, according to the Medical Board.
“Breitbart has entered into and abided by all the terms and conditions of a monitoring contract with the N.C. Professionals Health Program (“NCPHP”) and has been participating in group and individual psychotherapy,” said the board. “Breitbart has acknowledged and agreed that the board has jurisdiction over him and over the subject matter of this case. He knowingly waived his right to any hearing and to any judicial review or appeal in this case.”
With the advice of legal counsel, he acknowledges that he has read and understands this consent order and enters into it voluntarily. He desires to resolve this matter without the need for more formal proceedings.
The N.C. Medical Board has determined that it is in the public interest to resolve this case and, with Breitbart’s consent, his North Carolina license to practice medicine is indefinitely suspended.
He has been ordered to obey all laws and all rules and regulations involving the practice of medicine. He shall meet with the board or members of the board for an investigative interview as requested by the board.
Breitbart also is ordered to provide the board with any information that the Medical Board deems necessary to verify compliance with the terms and conditions of this consent order.
Should he fail to comply with any of the terms of the consent order, that failure shall constitute unprofessional conduct. It would be grounds – following any required notice and hearing – for the board to annul, suspend or revoke his license to practice medicine and to deny any application he might make in the future or then have pending for a license to practice medicine.
The consent order takes effect immediately upon its execution by Breitbart and the board and shall continue in effect until specifically ordered otherwise by the board.