The Department of Public Health advisory board approved a consent order for Dr. Raymond Kerker (petition 2025-599) that places a formal reprimand on his license, requires a $15,000 civil penalty and orders him to cease using any unregistered medical x-ray systems.
Attorney Coutee explained the allegations: the bone density scanner is an x-ray device that had not been registered with the Department of Energy and Environmental Protection (DEEP) and was being operated by staff who were not licensed to run that equipment. "The consent order that is being presented to you today would place a formal reprimand on his license," Coutee said, and listed the civil penalty the order proposed.
Defense counsel Jen Fusco told the board Kerker leased the unit in 2018 and acted in good faith based on the manufacturer's guidance; she said the practice immediately ceased the service when the investigation began and the machine has now been registered with DEEP. "As soon as this investigation began, he immediately stopped providing the service and...he did get that the unit is now properly certified and he has hired licensed radiographers," Fusco said.
Board members debated whether the penalty should be higher given public-safety concerns. Doctor Wolf said he had "significant concerns" about public safety and argued for a larger fine but accepted $15,000 in light of the respondent's cooperation. Board members also suggested the state examine the vendor's representations to purchasers.
The board voted unanimously to approve the consent order, imposing the reprimand, the $15,000 civil penalty and the requirement to stop using unregistered equipment and to ensure only authorized personnel operate radiologic devices.
Next steps: DPH will monitor compliance with the order and may pursue inquiries into vendor practices if warranted.