#UNIVERSITY OF CALIFORNIA, DAVIS SCHOOL OF MEDICINE
11/28/2017—SURRENDER OF CALIFORNIA MEDICAL LICENSE.
10/21/2016—FIRST AMENDED ACCUSATION FILED.
Excerpt from Accusation dated 10/21/2016:
FIRST CAUSE FOR DISCIPLINE
(Sexual Abuse, Misconduct, and/or Relation-Patient N.M.)
Respondent's license is subject to disciplinary action under sections 2227, 2234, 726, and 729 (a), of the Code, in that he engaged in sexual abuse, misconduct, and/or relation with his patient, Patient N.M., as more particularly alleged hereinafter:
23. Patient N.M. was hospitalized at Heritage Oaks Hospital in or about August 2011, after being rushed to the emergency department, for cutting her wrists and legs superficially. She was hospitalized from on or about October 25 to November 2, 2011. During this time, Respondent saw Patient as his patient. At the second visit during the treatment period, Respondent asked her if she masturbated.
24. Respondent saw Patient N.M. during nighttime. She would be fatigued from her prescribed medications. She was always the last patient. Respondent would play the piano for families at the hospital. He would play the piano from 10:30-10:45 p.m. All the other patients would be locked down, but Patient N.M. was allowed to stay. She would curl up on the couch and listen to Respondent.
25. Upon her release, Patient N.M. continued treatment in an outpatient program under Heritage Oaks, in Sacramento, CA.
26. Patient N.M. went to the Heritage Oaks outpatient program for five days from 8:00 a.m. to 3:00 p.m. She then saw Respondent at a place called "Strategies for Change." Respondent had an office at that location. She would see him once a week at around 5:00 p.m. She was the last patient. As she saw Respondent at his "Strategies for Change" Patient N.M. felt attracted to Respondent. Respondent talked to her about seduction and how it couldn't be acted upon, despite attraction to one-another. At his "Strategies for Change" office; Respondent hugged Patient N.M. after appointments. The hugs became longer and then occurred before and after appointments. The hugs progressed to a hand on the rear during the hug. Respondent always had an erection during the hugs and Patient N.M. would tell him she noticed. He would tell her he was a doctor and could not cross boundaries. Respondent told her that there was an energy between them and a connection.
27. In or about January or February of 2012, Respondent put his hand down the front of Patient N.M.'s pants into her underpants. He touched her genital area. Respondent also complimented her on her looks. During one appointment, Respondent ran his hands up and down the front of Patient N.M.'s dress. Respondent also kissed Patient N.M. on her lips.
28. On or about March 17, 2012, around 1:00 p.m., Respondent called Patient N.M. over to his office. Respondent let her into the office and they hugged. No therapy occurred during this visit. Patient N.M. felt numb and shut down. She had taken marijuana, wine and Klonopin prior to the visit. Respondent had sexual intercourse with Patient N .M.
29. Respondent saw Patient N.M. from October of 2011 to November of 2012. Respondent continued to have sexual contact with Patient N.M. Respondent would see patients from 8':00 a.m. to 12:00 p.m. at his office. At 1:00 p.m., he saw patients at Heritage Oaks. Respondent would skip lunch and his secretary and former patient would leave. He would close his blinds. Respondent and Patient N.M. would sit with her legs on his lap. After they would meet, he would walk out the back of the office and she would walk out the front.
SECOND CAUSE FOR DISCIPLINE
(Repeated Negligent Acts)
30. Respondent's license is subject to discipline under sections 2227 and 2234, as defined by section 2234, subdivision (c), of the Code, in that he committed repeated negligent acts in his care and treatment of Patient N.M. as more particularly alleged hereinafter: Paragraphs 22 to 29, above, are hereby incorporated by reference'and realleged as if fully set forth herein.
31. During the period of October 2011 to November 2012, Respondent prescribed benzodiazepines to Patient N.M. despite knowing that Patient N.M. drank 2-3 bottles of wine per day. Respondent also gave Patient N .M. and her husband a schedule to titrate her off alcohol and benzodiazepines over an 8 week period. Patient N.M. was unable to comply with the schedule.
32. At the outset of Patient N.M. treatment, Respondent told Patient N.M. and her husband that he had applied to be provider for their insurance. He allowed Patient N.M. to dictate her own co-pay. Patient N.M. and her husband were billed for $5,000 in November 2011. N.M. initially made arrangements to pay $150 every two weeks for 33 payments. However, when Patient N.M. and her husband confronted Respondent, Respondent wrote them an apology letter and refunded the co-pays at the end of her treatment.
33. Respondent's care and treatment of Patient N.M. departed from the standard of care in that:
A. Respondent engaged in sexual abuse, misconduct, and/or relation with his patient.
B. Respondent overprescribed, and/o.r prescribed benzodiazepines to a patient with persistent alcohol intake.
C. Respondent failed to treat Patient N.M.'s alcohol and drug dependence appropriately by instructing Patient N.M. and.her husband to titrate off alcohol on her own for 8 weeks.
D. Respondent failed to clearly delineate his billing. He billed inappropriately. He also failed to clarify that he was not in the network of Patient N.M.'s insurance.
THIRD CAUSE FOR DISCIPLINE
(General Unprofessional Conduct)
34. Respondent's license is further subject to disciplinary action under sections 2227 and 2234, as defined by section 2234, of the Code, in that he has engaged in conduct which breaches the rules or ethical code of the medical profession, or conduct which is unbecoming to a member in good standing of the medical profession, and which demonstrates an unfitness to practice medicine, as more particularly alleged in paragraphs 23 through 33, above, which are hereby incorporated by reference and realleged as if fully set forth herein.
FOURTH CAUSE FOR DISCIPLINE
(Gross Negligence)
35. Respondent's license is subject to disciplinary action under sections 2227 and 2234, as defined by section 2234, subdivision (b), of the Code, in that he committed grossly negligent acts in his care and treatment of Patients K.L., T.G., R.J. and S.M.,. as more particularly alleged hereinafter:
Patient K.L.
36. Patient K.L. saw Respondent after a suicide attempt and was diagnosed with Major Depression, fibromyalgia pain syndrome and physiologic opioid dependence. She was treated with the following controlled substances: Fentanyl, hydrocodone, phentermine, clonazepam, oxycodone, buprenorphine, and alprazolam.
37. During the period of January to December of2012, Respondent prescribed a variety of opiates to Patient K.L. that were excessive and unmonitored. Respondent wrote refills without being aware of the amount his patient was taking. Respondent's documentation did not match his actual prescriptions for controlled substances.
38. In or about October of2012 Patient KL received 498 pills of hydrocodone 10 mg/apap 325 mg prescribed by Respondent and also 120 mg of the same medication prescribed by other doctors. The prescribed acetaminophen dosage during October 2012 exceeded the recommended daily maximum dosage. Respondent failed to check CURES reports and failed to notice the large amount of acetaminophen he was prescribing and the fact Patient K.L. was getting the same.medication from other providers.
39. Respondent documented that Patient K..L. had received opioids from other providers and noted that if Patient K.L. continues, he was going to discharge her as a patient. Respondent continued to prescribe to Patient K.L. despite her continued conduct.
40. Respondent prescribed fentanyl patches and hydrocodone to Patient K.L. for pain management. Respondent failed to enter into a pain contract with Patient K.L.
41. On or around February 27, 2014, Respondent noted that Patient K.L may need "Pain consult if no improvement or at least manageable" but never made such a referral.
42. On or around October 12, 2015, Respondent noted the lack of objective studies in his record. "I talked with her about getting an MRI. She has actually never had her back problem reevaluated past the initial MRI from a car accident several years ago. We should certainly do that to determine whether or not there is a justifiable cause for continuing chronic analgesics like this. Respondent failed to get a pain consult and/or failed to order an MRI.
43. During the treatment period, Respondent never considered that Patient K.L. had a substance abuse disorder.
Patient T.G.
44. Respondent treated Patient T.G. during the period of 201l to 2013. Respondent diagnosed Patient T.G. with bipolar disorder type 2 and opiate dependence. He was treated with the following controlled substances: buprenorphine, alprazolam, carisoprodol, and diazepam.
45. During the course of Patient T.G.'s treatment with buprenorphine and buprenorphine/naloxone, Respondent prescribed Alprazolam and Carisoprodol. Respondent failed to consider alternative non-addictive medications in a patient suffering from opiate dependence.
46. On or about January 2013, Patient T.G. forged a prescription for hydrocodone from Respondent. Respondent discovered the forgery in March 2013. Respondent failed to adequately monitor the treatment of a patient with opiate dependence.
Patient R.J.
47. Respondent has treated Patient R.J. since 2012. Respondent diagnosed Patient R.J. with bipolar disorder, alcoholism and chronic pain. Respondent treated Patient R.J. with hydrocodone, diazepam, lorazepam, methadone, morphine, oxycodone, and zolpidem.
48. Respondent failed to consider alternatives and prescribed lorazepam and zolpidem which are both contraindicated in the treatment of patients with substance abuse disorder.
Patient S.M.
49. Respondent has treated Patient S.M. since 2012. Respondent diagnosed Patient S.M. with major depression, generalized anxiety disorder and opioid dependence. Respondent treated Patient S.M. with lorazepam, buprenorphine, carisoprodol, diazepam, and oxycodone.
50. Respondent prescribed buprenorphine for pain; lorazepam, a benzodiazepine, and, carisoprodol, which is a sedating addictive muscle relaxant. Patient S.M. was also getting controlled substances from a number of other providers. Respondent makes one note of her getting alprazolam from another provider and the need to discuss this with her but Respondent failed to follow-up. Respondent failed to discontinue prescribing lorazepam.
FIFTH CAUSE FOR DISCIPLINE
(Repeated Negligent Acts)
51. Respondent's license is subject to discipline under sections 2227 and 2234, as defined by section 2234, subdivision (c), of the Code, in that he committed repeated negligent acts in his care and treatment of Patients K.L., T.G., R.J. and S.M. as more particularly alleged hereinafter: Paragraphs 35 to 50, above, are hereby incorporated by reference and realleged as if fully set forth herein.
#FARCE: The CBS article came out in February of 2014, but the Medical Board didn't do anything until October of 2016. Apparently, he's been practicing ever since. |
