Illinois officials are seeking to shutter a Chicago surgical center whose physician-owner was convicted of sexually abusing a patient in 2001.

Although he was convicted of the crime 9 years ago, Nercy Jafari, MD, came under the scrutiny of the Illinois Department of Public Health this summer after the Chicago Tribune reported that he was continuing to practice medicine at the Grand Avenue Surgical Center, where he serves as medial director and owner.

Dr. Jafari was convicted on charges of sexually abusing a 23-year-old female patient to whom he had administered a bikini-line laser hair removal treatment at the Oak Brook Surgical and Laser Center. According to the Tribune, the patient alleged that Dr. Jafari had touched her inappropriately during a follow-up session. Dr. Jafari disputed the charges, but a jury found him guilty and sentenced him to 24 months of sex offender probation.

At the time, the state Department of Financial and Professional Regulation sought to suspend or revoke his physicians' license, but ultimately decided that Dr. Jafari's denial of wrongdoing was credible and allowed him to continue practicing medicine as long as he had a chaperone observe his examinations of female patients.

The department is now working with state health officials in their investigation of Dr. Jafari. In its Aug. 2 intent to revoke, the Department of Public Health wrote that Dr. Jafari "possesses a moral character that is not reputable."

Dr. Jafari continues to assert his innocence and is fighting the state's efforts to close the center.

"The case the Tribune is referring to is more than 10 years old, never went beyond a misdemeanor and was formally investigated by the Department of Professional Regulation," said Dr. Jafari in an e-mail. "Further, a misdemeanor conviction alone does not provide a basis for discipline of a physician's license." He notes that the Medical Disciplinary Board of the state Department of Professional Regulation reviewed the case in 2003, found that there was no violation of the Medical Practice Act and closed the case with no disciplinary action taken against Dr. Jafari's license. "At this time, the matter is in the hands of our attorneys for further action."

An administrative law judge has yet to approve the state's revocation.

Irene Tsikitas

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