Pediatrician, facing child porn charges, now wants to see young patients online

The criminal allegations say a Broward pediatrician kept computer photos of children as young as 10 not wearing clothes. And now the same doctor wants to get back on his laptop and continue treating young patients online, records show.

Dr. Michael Mizrachy, who remains licensed by the state to practice medicine, is looking to remove a court restriction against his access to the internet, despite the child pornography charges against him. It’s common for people arrested on such crimes to lose computer privileges while cases are pending.

Mizrachy’s lawyer suggests the doctor can use software that blocks porn while he continues to care for sick children through virtual visits, as he’s forbidden from having contact with anyone under 18.

The idea doesn’t sway advocates for sex and child abuse victims. Letting Mizrachy go back online would be too risky given the accusations against him, they say. They are calling for the state Department of Health to use its authority to completely shut down the doctor.

The case also has prompted one state lawmaker to propose legislation that would close a loophole that allows doctors to keep practicing medicine while they stand accused of wrongdoing against children. With an active license, Mizrachy could work in telemedicine if a judge allows it.

State Sen. Lauren Book, a longtime fighter of child abuse and a mom to two of Mizrachy’s former patients, says a bill she filed Friday would require authorities to issue emergency suspensions against practitioners such as Mizrachy who face criminal accusations.

“If I’m a mom with a child who has a rash, I’m going to go on telehealth and show this monster my children’s private parts on a computer, so that he could do whatever he wants in the comfort of his own home?” Book, a Plantation-based Democrat, told the South Florida Sun Sentinel. “What are we thinking? It’s just despicable.”

Mizrachy’s proposal for online appointments is disturbing because the doctor’s patients “are people who won’t know to protect themselves,” said Adam Horowitz, a Fort Lauderdale-based attorney who represents victims of sexual abuse in civil lawsuits.

“It would be like opening the vault to the bank robber,” he said. “I’m sure if the parents knew what he is accused of, they wouldn’t be seeing him for telemedicine.”

Detectives have said they have no proof that Mizrachy, 49, exploited children in his medical office at West Broward Pediatrics before an investigation began in October.

The practice, which then cut ties with Mizrachy, has told the news media that it had “no evidence that any crimes were committed in the course of his professional duties.”

Mizrachy has admitted secretly pining for underage girls and snapping photos of girls sunbathing or sleeping, the Broward Sheriff’s Office said after his Jan. 12 arrest.

A search warrant for computer devices at Mizrachy’s Parkland home details allegations dating to 2015. Investigators said they uncovered a disturbing video involving an adult male and a girl between ages 8 and 10, and images of older girls clothed and unclothed.

The doctor, licensed by Florida since 2000, also is accused of chatting online with a 15-year-old through the use of a phone app, and obtaining naked photos of the girl.

Records say Mizrachy admitted to having a “hidden secret” for several years, finding the material “sexually exciting.”

Defense lawyer Richard Merlino could not be reached for comment despite calls to his office, cellphone, and an email. It’s been a month since he filed a motion outlining his client’s bid to keep working as a doctor.

Mizrachy “has been and remains eager to defend himself against these charges,” Merlino wrote, adding this is his client’s first brush with the law. “Here, Mizrachy has been merely accused and has not been convicted.”

The doctor wants to conduct telemedicine visits with patients, which the lawyer says carries no risk to them or anyone else.

“As a pediatrician, Mizrachy’s patients are usually minors; however, most are babies/infants with ear infections, fever or spitting up,” Merlino explained. “They are always with their parent(s) and further most times are just a consult which involves him speaking with the parent(s) alone with no child present.”

Mizrachy, a divorced father of two teens, also needs access to the internet to keep up with his medical licensing, read medical journals, keep up with continuing education requirements, and make medical malpractice insurance payments, according to his lawyer.

Merlino outlined ways to protect the community, including installing “monitoring software” to prohibit Mizrachy from viewing “any form of pornographic images,” as well as submitting his computer browsing history every day if necessary. There could also be a ban on the doctor searching websites in private, or using social media.

Broward prosecutors have asked to be removed from the case because family members of many employees in the office were Mizrachy’s patients.

On Feb. 18, Gov. Ron DeSantis assigned the case to the Miami-Dade State Attorney’s Office, which has not yet filed any pleadings in response to Mizrachy’s request.

Mizrachy has pleaded not guilty to three felonies, each punishable by up to five years in state prison. There are two counts of possessing depictions of child sexual abuse material, and one count of using an electronic device to solicit unlawful sexual activity from a minor.

Under state law, most felony convictions are automatic grounds for emergency actions against a physician’s license.

The health department has the authority to take emergency action against a doctor when there is “an immediate serious danger to public health,” spokesman Jason Mahon said.

Records show the state Surgeon General approved seven emergency suspensions involving doctors, to go along with 13 emergency restrictions, over a 12-month period ending June 30. The state last year permanently revoked the licenses of 15 doctors.

Sen. Book, who sent a complaint letter to the Board of Medicine after Mizrachy’s arrest, says it “should scare people” that health practitioners under investigation for, and charged with serious crimes against children, can keep their licenses.

Book said her proposed legislation would “ensure that communities, children and families, are kept safe in our state.”

As of Friday, more than six weeks after his arrest, state online records show Mizrachy may continue to hold himself out as a licensed doctor, and no emergency measures are noted.

That’s also true for Dr. Stewart Bitman, a gastroenterologist accused of sending sexual text messages and nude photos of himself to a 13-year child last April. He was charged Jan. 26 with four pornography-related counts.

Bitman, 64, has pleaded not guilty. His attorney, Joshua Rydell, could not be reached despite a call to his office. Like Mizrachy, Bitman is under a court order that he “can’t possess any devices or use any devices with internet capabilities.”

Attorney Horowitz says he’s found other examples of mental health and physical therapists charged with sex crimes, yet remaining fully licensed by the state. He told the Sun Sentinel that the authorities should at least keep the public better informed about these alleged sexual offenders.

“Let the public know, and if a consumer wants to go anyway to this doctor … OK that’s their choice,” he said. “At least they are going with their eyes wide open.”

Marc Freeman can be reached at mjfreeman@sunsentinel.com and on Twitter @marcjfreeman.