An Englewood chiropractor who inappropriately touched and made sexual comments to female patients has permanently lost his license, state authorities announced.
The professional misconduct of Archer Irby, 51, of Leonia was “egregious, depraved, and predatory,” the New Jersey Board of Chiropractic Examiners said in permanently revoking his license.
Irby was cleared of criminal charges several years ago, but Administrative Law Judge Thomas R. Betancourt this past April ruled that the doctor had violated four female patients at his Irby Spinal Care office in Englewood by:
- exposing himself to two patients;
- making lewd and suggestive comments to them;
- touching their breasts;
- putting his mouth on one patient’s breast.
The ruling followed an eight-day hearing, Acting New Jersey Attorney General Matthew J. Platkin said.
The judge found that Irby “engaged in harassing, intimidating, and predatory conduct and engaged in acts and practices that violated the standard of care for licensees in New Jersey” and also “brought disrepute to the profession,” the attorney general said.
“Dr. Irby sexually violated and harassed his patients, abused their trust, and grossly breached the standard of care expected of New Jersey chiropractors,” Platkin said in announcing the chiropractic examiners board’s decision.
The board found that “nothing less than a permanent revocation” would be appropriate, he said, because of “gross and repeated acts of negligence, professional misconduct, and violations of Board regulations related to sexual misconduct.”
The New Jersey Attorney General’s Office had filed a complaint seeking the temporary suspension -- and, ultimately the revocation of Irby’s license -- in August 2016, weeks after detectives from the Bergen County Prosecutor’s Office arrested him.
Irby immediately consented to a temporary suspension while fighting the charges. He subsequently was found not guilty at a trial, Platkin said.
The state then brought its case to the administrative law judge.
According to a release from Platkin's office: “The Board accepted Judge Betancourt’s assessment that the four patients’ detailed testimonies about Dr. Irby’s actions were credible, and that Dr. Irby’s proffered explanation for his conduct was self-serving and not credible.”
The judge also called Irby “evasive, combative, non-responsive, argumentative and arrogant,” the release adds.
In addition to losing his license, Irby must pay $70,000 in penalties and costs and $91,317.20 in lawyer’s fees, it says.
Deputy Attorney General Michelle Mikelberg represented the state in the case.
Patients who believe that they have been treated by a licensed health care professional in an inappropriate manner can file an online complaint with the New Jersey Division of Consumer Affairs or call 1-800-242-5846 (toll-free within New Jersey) or (973) 504-6200.
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