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The Board's Mission

The mission of the Medical Board of Californians to protect health care consumers through the proper licensing and regulation of physicians and surgeons and certain allied health care professionals and through the vigorous, objective enforcement of the Medical Practice Act, and to promote access to quality medical care through the Board's licensing and regulatory functions.

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Editor's Spotlight

By Emmalee Ross, Designer and Editor in Chief

As 2023 approaches, our Licensing Program has two critical updates for licensees to be aware of moving into the new year.

The first update is exciting for both Board staff and its licensees (and the environment) as we continue our goal of moving toward a paperless licensing process. This includes the Board discontinuing its paper-based applications for the Postgraduate Training License (PTL) and transitioning from a PTL to a Physician's and Surgeon's License. Find out when and how this will affect you in the article, MBC Makes Progress Toward a Paperless Licensing Process.

The second update to note is the end of California's State of Emergency, which in turn means the expiration of Executive Orders N-39-20 and N-75-20 that have been in place since early 2020. Learn what this means for current licensees in the article State of Emergency and Associated Waivers to End February 2023.

As per usual, our Fourth Quarter edition highlights new laws taking effect from our Chief of Legislation and Public Affairs. In addition, we highlight Assembly Bill 1278 in a feature article, requiring physicians to provide a notice to their patients regarding the Open Payments database.

Lastly, don't miss the Our Partners column, featuring the California Department of Public Health and UC San Diego, with information on critical updates, upcoming webinars, and digital newsletters.

Wishing you all a very happy and healthy new year!

President's Message: Onward to a New Year of Consumer Protection

By Kristina D. Lawson

It's been an eventful year at the Medical Board of California (Board). As we prepare to welcome 2023, I want to share a bit about our accomplishments in 2022, while we look forward to the work ahead of us.

This year, we began revising our Guidelines for Prescribing Controlled Substances for Pain to provide additional clarity for physicians and patients on appropriate prescribing practices and, we hope, provide a more supportive environment for patients experiencing pain. The Board has been listening to pain patients, advocates, and physicians who specialize in treating pain to revise the guidelines in-line with the advances that have occurred in pain management since the current guidelines were published in 2014. We expect to finalize and publish the new guidelines in 2023.

The Board took key steps to develop a new strategic plan, which will chart out our main objectives during the coming years. We expect to complete and publish the next multi-year plan in 2023.

During the last year, we bid farewell to two longstanding Board members, Drs. Dev GnanaDev and Felix Yip, two physicians who worked tirelessly to support the Board's mission of consumer protection. We owe them a debt of gratitude for their service.

We were fortunate to be joined this year by two new Board members, Ms. Nicole Jeong and Dr. Veling Tsai, and welcomed the return of Dr. Michelle Anne Bholat to the Board.

While we accomplished much in 2022, we will continue to seek to enhance the effectiveness of our consumer protection efforts. In January 2023, we will finalize the Board's Sunset Report, which kicks-off an extensive review of the Board by the Legislature that year. The Board has proposed various law changes that we believe will help ensure we have the appropriate resources to meet our mission. That report also includes data and related information about the Board's activities during the past two years.

I am particularly enthusiastic about the Board's proposal to create of a new unit of staff who will be dedicated to helping consumers understand the role of the Board and the enforcement process we follow. Once complete, the Sunset Report will be published on our website; I encourage you to review it.

2023 promises to be another busy year for the Board and we will continue to keep newsletter readers informed of our key activities.

Important Reminder: MBC Makes Progress Toward a Paperless Licensing Process with Upcoming Changes

MBC Licensing Program

The Medical Board of California (Board) wants to remind those applying for a Postgraduate Training License (PTL) and those transitioning to a Physician's and Surgeon's (P&S) license that paper applications will soon be done away with.

Beginning December 30, 2022, the Board will no longer provide paper-based application forms for PTLs and PTL holders transitioning to a P&S license. Rather, applications should be submitted electronically through BreEZe.

Also, beginning February 1, 2023, the Board will no longer accept any paper-based applications for PTLs and those transitioning to a P&S license.

The switch to a paperless application process helps both applicants and the Board by increasing the efficiency of the review process, enhancing security, and reducing costs and impact to the environment.

To submit these applications online, please visit the appropriate Board webpage:

• Applications for a PTL
• Applications to Transition from a PTL to a P&S License

After February 1, 2023, any paper-based applications for a PTL or to Transition from a PTL to a P&S license received by the Board will not be accepted or processed, and the Board will notify the applicant that they must apply through BreEZe.

To allow sufficient time for processing and remediating deficiencies, the Board strongly encourages applicants to submit their application online six months in advance.

If you have any questions about this process change, please contact the Board by phone, toll free at (800) 633-2322 or via email at webmaster@mbc.ca.gov.

New Laws in 2023

AB 657: (Cooper) - Healing Art: Expedited Licensure Process: Applicants Providing Abortions

Requires the Board to expedite the licensure process for an applicant who demonstrates that they intend to provide abortions in California.

AB 852: (Wood) - Health Care Practitioners: Electronic Prescriptions

Provides additional exemptions from the requirement for healthcare providers to issue a prescription electronically. Further, the bill updates the requirements for pharmacies or other authorized dispensers to fill a prescription issued electronically. Prescribers qualifying for certain exemptions would be required to register with the Board of Pharmacy.

AB 1102: (Low) - Telephone Medical Advice Services

Clarifies existing law that requires health care professionals providing telephone medical advice services from an out-of-state location to do so consistent with the laws governing their respective licenses. The bill specifies that a telephone medical advice service is required to comply with all directions and requests for information made by the Department of Consumer Affairs and the respective healing arts licensing board.

AB 1120: (Irwin) - Clinical Laboratories: Blood Withdrawal

Authorizes a certified phlebotomy technician to collect blood through a peripheral venous catheter under specified conditions, including that the blood collection procedure is performed under the general supervision of a physician and surgeon and the blood collection procedure is performed using a device or devices approved by the United States Food and Drug Administration.

AB 1278: (Nazarian) - Physicians and Surgeons: Payments: Disclosure: Notice

Requires physicians to provide a written notification informing patients of the federal Centers for Medicare and Medicaid Services Open Payments online database. Further, physicians will be required to post a similar notice in an area likely to be seen by patients in each office where they practice and provide that notice on their website (if they have one) by January 1, 2024.

Physicians working in a hospital emergency room are exempted from these requirements.

AB 1636: (Weber) - Physician's and Surgeon's Certificate: Registered Sex Offenders

Authorizes the Board to deny a physician and surgeon (P&S) license to an applicant if they were disciplined by another jurisdiction due to certain prior acts of sexual misconduct. Requires the Board to automatically revoke P&S licensees who were convicted of certain sexual crimes or committed sexual misconduct and deny petitions for reinstatement to individuals convicted of, or disciplined for, certain sexual crimes or misconduct involving their current or former patients or clients, as specified.

AB 1797: (Weber) - Immunization Registry

Requires a health care provider and specified entities to disclose certain information from a patient's medical record or the client's record to certain local, regional, or state health departments. Includes a patient's or client's race and ethnicity in the existing list of information that must be disclosed by health care providers and other agencies as specified, from a patient's or client's medical record. Expands the purposes for the use of information collected by and reported to immunization information systems.

AB 1954: (Quirk) - Physicians and Surgeons: Treatment and Medication of Patients Using Cannabis

Prohibits a P&S from automatically denying treatment or medication to a qualified patient based solely on a positive drug screen for tetrahydrocannabinol (THC) or report of medical cannabis use without first completing a case-by-case evaluation of the patient that includes a determination that the qualified patient's use of medical cannabis is medically significant, as defined, to the treatment or medication. Also, provides that use of medical cannabis that has been recommended by a licensed P&S shall not constitute the use of an illicit substance in such an evaluation. Further, provides that a P&S shall not be punished, or denied any right or privilege, for having administered treatment or medication to a qualified patient pursuant to the bill and consistent with the standard of care.

AB 2098: (Low) - Physicians and Surgeons: Unprofessional Conduct

Establishes that it is unprofessional conduct for a physician and surgeon to share mis/disinformation to a patient under their care in the form of treatment or advice, as defined.

AB 2176: (Wood) - Live Birth Registration

Changes the deadline to register each live birth with the local registrar from 10 days to 21 days following the date of birth.

AB 2178: (Bloom) - Physicians and Surgeons: Special Faculty Permits: Academic Medical Center

This bill updates the definition of an academic medical center, related to certain Board special permit programs.

AB 2288: (Choi) - Advance Health Care Directives: Mental Health Treatment

Clarifies that advance health care directives include mental health and treatment, modifies the statutory advanced health care directive form accordingly, and makes more prominent the requirement that the advanced health care directive be either notarized or witnessed by two qualified individuals.

AB 2338: (Gipson) - Health Care Decisions: Decisionmakers and Surrogates

Creates a list of relatives who can make medical decisions for an incapacitated adult who does not otherwise have a legally recognized health care decisionmaker.

AB 2436: (Bauer-Kahan) - Death Certificates: Content

Revises the information required on death certificates to include the current first and middle names, birth last names, and the birthplaces of the parents, without reference to the parents' gendered relationship to the decedent. Requires the State Registrar to implement the changes made by the bill no later than July 1, 2024.

AB 2626: (Calderon) - Medical Board of California: Licensee Discipline: Abortion

Prohibits the Board from disciplining a licensee for performing an abortion in accordance with existing state law. Further, prevents the Board from denying an application for licensure to someone disciplined or convicted solely for performing an abortion in another state where they were licensed to practice medicine.

SB 189: (Committee on Budget and Fiscal Review) - State Government

A bill related to the state budget that, among various other provisions, authorizes the Board to hold public meetings, subject to specified notice and accessibility requirements, remotely, as specified, until July 1, 2023.

SB 528: (Jones) - Juveniles: Medication Documentation

Requires certain forms related to the provision of psychotropic medications be included within a foster youth's case plan.

SB 872: (Dodd) - Pharmacies: Mobile Units

Authorizes a county or a city and county to operate a licensed mobile unit to provide prescription medication to individuals within the county's jurisdiction, as specified.

SB 923: (Wiener) - Gender-affirming Care

As it pertains to the Board, allows current continuing medical education requirements related to cultural competency to be satisfied through evidence-based training related to individuals who identify as transgender, gender diverse, or intersex, as specified.

SB 1029: (Hurtado) - One Health Program: Zoonotic Diseases

Requires the California Departments of Public Health, Food and Agriculture, and Fish and Wildlife to establish and administer a program related to reducing the spread of disease from animals to humans. The bill includes the Board as a possible stakeholder to consult on the development of this program.

SB 1184: (Cortese) - Confidentiality of Medical Information Act: School-linked Services Coordinators

Authorizes a provider of health care or a health care service plan to disclose medical information to a school-linked services coordinator, as defined, pursuant to a written authorization between the health provider and the patient or client that complies with Health Insurance Portability and Accountability Act.

SB 1237: (Newman) - Licenses: Military Service

Expands eligibility for licensees for waiving renewal requirements (including fees and continue medical education) for Board licensees who are "called to active duty" as a member of the United States Armed Forces or the California National Guard. To do so, the bill states that "called to active duty" has the same meaning as "active duty" as defined under a specified federal law and includes active duty in the California National Guard due to the proclamation of a state of insurrection, a state extreme emergency, or otherwise being called by the Governor.

SB 1259: (Laird) - Pharmacists: Furnishing Opioid Antagonists

Updates current law that authorizes a pharmacist to furnish naloxone hydrochloride in accordance with standardized procedures and protocols developed and approved by the Board of Pharmacy and the Board. Under the bill, a pharmacist may furnish any opioid antagonist approved by the federal Food and Drug Administration, pursuant to the standardized procedure and protocols.

SB 1346: (Becker) - Surplus Medication Collection and Distribution

Until January 1, 2030, authorizes a regional pilot program in the Counties of Santa Clara and San Mateo and the City and County of San Francisco to implement and maintain a drug repository and distribution program that provides surplus medications to medically indigent patients.

SB 1440: (Roth) - Licensed Midwifery Practice Act of 1993: Complaints

Clarifies the conditions whereby a quality-of-care complaint related to a licensed midwife may be referred to a field investigation.

A Complaint is Filed Against You, What Happens Next?

By Emmalee Ross, Public Information Officer & MBC Enforcement Program

The Medical Board of California's (Board) mission is to protect healthcare consumers through the proper licensing and regulation of physicians and surgeons and certain allied healthcare professionals.

This is done through the Board's enforcement process, which determines if complaints fall within the Board's jurisdiction, and if further investigation is appropriate.

In Fiscal Year (FY) 2021-2022, the Board received 9,943 complaints (Annual Report FY 2021-2022 pg.11), closed 8,254 complaints (pg.11 & 13), and took administrative action on 438 complaints (pg.16).

If you are a licensee and are contacted by the Board regarding a complaint filed against you, the Board wants to offer some guidance as you navigate through this process.

The Board needs your cooperation and timely, honest responses.

Your cooperation is critical for Board staff to successfully uphold the Board's mission and protect healthcare consumers, while ensuring proper review and investigation of each complaint. The Board gathers evidence to determine whether or not a violation of the law has occurred and does so in an objective, fact-based approach.

Typically, when contacted by the Board, you will be asked to provide timely and relevant patient records and a statement or explanation of care and treatment. It's helpful to provide as much information as possible regarding the circumstances in question.

During this process, you'll be provided with a summary of the complaint, consistent with Business and Professions Code (BPC) section 800(c).

You will also have the opportunity to provide relevant expert testimony or literature, which is optional, however, you are required to provide the Board with certified medical records within 15 days of receiving a request (BPC section 2225.5). Please note, if the Board requests records from you (the subject physician), but you are not the custodian of records, it is important to tell the Board right away that you are not the custodian of records.

A physician who fails to provide the requested records may be subject to a civil penalty of $1,000 a day for each day the records have not been provided, up to $10,000.

If, after you are contacted by the Board, the complaint against you is closed, you will receive a letter from the Board to inform you of the closure. However, if your complaint remains open and is referred to the Division of Investigation, Health Quality Investigative Unit (HQIU), you may be contacted by a field investigator for an interview. Failing to attend and participate in an interview by the Board may provide separate grounds for discipline for unprofessional conduct under BPC section 2234(g).

For more information on the enforcement process and the steps taken if a complaint is sent for further investigation, please see the Board's Enforcement Flowchart, Complaint Process and Disciplinary Process webpages.

Check back next edition, as we'll have a follow up article detailing the later stages of the enforcement process.

In FY 2021-2022 (pg.17), the following case types had administrative action taken:

• Gross Negligence/Incompetence - 211 Licensees
• Inappropriate Prescribing - 44 Licensees
• Unlicensed Activity - 1 Licensees
• Sexual Misconduct - 14 Licensees
• Mental/Physical Illness - 15 Licensees
• Self Abuse of Drugs/Alcohol - 64 Licensees
• Fraud - 10 Licensees
• Conviction of a Crime - 14 Licensees
• Unprofessional conduct - 65 Licensees

Consumer Corner: Becoming a Proactive Healthcare Consumer

By Emmalee Ross, Public Information Officer & Carlos Villatoro, Public Information Manager

Everyone loves a good bargain, but when it comes to your health, sometimes the deal can be too good to be true.

Take, for example, an unlicensed person who promises Instagram-worthy results with a Botox or collagen injection for pennies on the compared to what a physician licensed by the Medical Board of California (Board) would charge.

Sure, you might be saving some money on the upfront cost of those cosmetic treatments, but is it worth the risk when the person performing the procedure does not have adequate training, level of experience, or the legal right to do so?

These unlicensed individuals are breaking the law by practicing medicine without a license and are putting patients' lives at risk. In California, only a physician licensed by the Board - or a registered nurse, nurse practitioner, or physician assistant consistent with their practice act - may perform medical cosmetic treatments.

If you think you've found a good deal on a cosmetic procedure, it's time to do more research, and consider the rule of thumb, "If it's too good to be true, it probably is."

The unlicensed practice of medicine doesn't only occur in "medical spa" settings, but often in the homes of patients, which may increase the likelihood of patient harm and sometimes death.

There are resources available to learn more about your doctor and the Board encourages you to do so. The Board also encourages you to only seek medical services from licensed individuals performing services within their scope of practice, and have the training, experience, and supervision required. Registered nurses and nurse practitioners are licensed and regulated by the California Board of Registered Nursing, and physician assistants are licensed and regulated by the Physician Assistant Board.

One major resource the Board offers is the ability to look up your doctor's license. You can do this on the Board's website, or by downloading the iOS app on your iPhone.

From the Board's website, you can search by your doctor's name, license number, or city or county. Your doctor's public profile will tell you if their license is current and renewed, and if there are any accusations pending, current suspensions or restrictions on practice in place, or whether the Board has taken disciplinary action against their license.

By downloading the app, you can not only look up your doctor, but also "follow" them (and up to 15 other doctors) to be updated and alerted if their public profile is updated.

The Board also offers a great deal of information to consumers on our Consumer webpage, from filing a complaint to unlicensed practice. You can also learn more on our Resources webpage about selecting a new physician or information on Medical Spas. Our FAQ webpage offers detailed and helpful information on Cosmetic Treatments.

If you have questions regarding your doctor's license, or the information provided, please contact our Consumer Information Unit at 800-633-2322 or email us at webmaster@mbc.ca.gov.

Is there a topic you'd like to see covered in an upcoming Consumer Corner column? Email us and let us know at webmaster@mbc.ca.gov.

Glad You Asked - Consumer Information Unit's Most Asked Questions

By MBC's Consumer Information Unit

The Medical Board of California's (Board) Consumer Information Unit works hard to answer physician and consumer questions day in and day out. Below are the top five, most asked questions and answers over the last quarter.

1. Application (Physician's & Surgeon's License (P&S) and Postgraduate Training License (PTL)) Status Checks

Q: How long does it take to be assigned a reviewer?

A: Once an application is received and payment is processed, it is then assigned to an analyst who will complete the initial review of the application approximately within 60 days.

Q: How will I know if I am missing any documents?

A: Once you are assigned to an analyst, and they have completed an initial review of your application and supporting documentation, the analyst will list any deficiencies identified, or notify you by mail or email if your application is deemed complete. Please ensure that the proper email address is provided on your application.

2. Application Questions (P&S and PTL)

Q: How long does it usually take for applications to be approved by the Board?

A: The application process takes approximately four to five months, depending on the number of applications received in each month and on how soon the applicant can address any deficiencies.

3. Questions related to the Complaint Process

Q: How do I file a complaint against a provider?

A: All complaints must be filed in writing (unless an accommodation is required). Written complaints may be submitted to the Board's Central Complaint Unit by utilizing the BreEZe online system, email at complaint@mbc.ca.gov, mail, or fax at 916-263-2435.

4. Wallet card

Q: I have not received my wallet card in the mail, how can I obtain my wallet card?

A: The Board is no longer mailing out plastic wallet cards. Any licensee/registrant with a current license status may generate a wallet card at their convenience by accessing the Wallet License Generator on our website.

5. Renewal (P&S) Questions

Q: I completed my renewal application for a physician's and surgeon's license and paid the appropriate fees, why is it still pending?

A: There could be many reasons why a renewal application is placed on hold and not approved by the Board. The most common reason is that the applicant did not answer one or more questions on the renewal application. Another common reason is because the applicant answered "no" to the CME question, and 50 hours of CME is required to renew your medical license with the Board.

MBC Updates: Important Update, January 1, 2023, Required New Notice to Patients/Clients

By Carlos Villatoro, Public Information Manager

With the New Year comes new requirements for all licensees of the Medical Board of California (Board). Beginning, January 1, 2023, all Board licensees (physicians and surgeons; licensed midwives; polysomnographic technologists, technicians, and trainees; and research psychoanalysts) must provide a notice to each patient or client that they are licensed and regulated by the Board, and the license can be checked and complaints against the licensee can be made through the Board's website or by contacting the Board.

The notice shall include a quick response (QR) code that leads to the Board's Notice to Consumer webpage.

For more information about the language that is required to be on the notice to consumers, along with ways to comply with the regulations, please visit the Board's website at www.mbc.ca.gov.

About this Requirement

Senate Bill (SB) 798 (Hill, Chapter 775, Statutes of 2017), required the Board to develop regulations that require all licensees and registrants of the Board to provide a notice to their patients and clients regarding the role of the Board (see Business and Professions Code section 2026). These regulations were approved by the Office of Administrative Law on November 28, 2022.

MBC Updates: State of Emergency and Executive Waivers Ending February 2023

By MBC Staff

With the COVID-19 State of Emergency ending on February 28, 2023, Executive Orders N-39-20 and N-75-20, and associated waivers issued under the authority of the State of Emergency will also expire.

Waivers put in place for Medical Board of California (Board) licensees, issued by the Department of Consumer Affairs' (DCA) and extended throughout COVID-19, will end January 31, 2023, with no extension.

For a list of DCA-issued waivers expiring January 31, 2023, please see our COVID-19 Updates webpage.

Read the Governor's press release for more detailed information about the end of the COVID-19 State of Emergency.

Please check the Board's website for future updates or contact us at webmaster@mbc.ca.gov.

Legislation: New Law Requires Notice to Patients About Open Payments Database

By Carlos Villatoro, Public Information Manager

With a new year comes new laws that every physician should be aware of. One such law - Assembly Bill (AB) 1278 - requires physicians to provide a notice to their patients regarding the Open Payments database (Database), which is managed by the U.S. Centers for Medicare & Medicaid Services, or CMS.

Specifically, this new law requires physicians to do the following beginning January 1, 2023:

1. At the initial office visit with their patient, a physician must provide either a written or electronic notice of the Database that includes the following text:

   "The Open Payments database is a federal tool used to search payments made by drug and device companies to physicians and teaching hospitals. It can be found at https://openpaymentsdata.cms.gov."

   If the physician uses an electronic records system, they must include a record of this notice in the patient's records.

   If the physician uses a paper-based records system, then the written notice to the patient must include a signature from the patient (or their representative) and a date of signature. Further, a copy of the written notice must be provided to the patient (or their representative) and included in the patient's records.

2. Post a notice regarding the Database at each location where the physician practices, in an area likely to be seen by all persons. That notice must include an internet website link to the Database and the following text:

   "For informational purposes only, a link to the federal Centers for Medicare and Medicaid Services (CMS) Open Payments web page is provided here. The federal Physician Payments Sunshine Act requires that detailed information about payment and other payments of value worth over ten dollars ($10) from manufacturers of drugs, medical devices, and biologics to physicians and teaching hospitals be made available to the public."

   If a physician is employed by a health care employer, that employer is responsible for meeting this requirement.

Beginning January 1, 2024, a physician who uses a website in their medical practice must conspicuously post the same notice described above in number 2 on their website. If a physician is employed by a health care employer, that employer is responsible for meeting this requirement.

Under this law, a violation of these requirements constitutes unprofessional conduct. The requirements created by this law do not apply to a physician working in a hospital emergency room. For additional information, please see the text of AB 1278 and visit the Board's AB 1278 FAQ webpage, or email us at webmaster@mbc.ca.gov.

Partner Updates: Severe Mpox Infection in People with Untreated HIV and a Weakened Immune System

By California Department of Public Health

The Mpox outbreak (previously referred to as monkeypox) has slowed in California thanks to the leadership of community members, healthcare providers, public health officials, and local health departments. As efforts continue to increase Mpox vaccine access, a recent Centers for Disease Control and Prevention (CDC) report highlights the potential severity of Mpox infection in people with a weakened immune system, particularly in those with untreated HIV.

The report describes cases of 57 patients hospitalized with severe Mpox complications. Twelve of the 57 patients died; the contribution of Mpox to death is still under investigation for some cases. Almost all the severe cases had a severely weakened immune systems, most often related to untreated HIV infection. Most patients were male (95%) and Black (68%), and delays in initiation of Mpox treatment of up to 4 weeks were observed.

The CDC report serves as a reminder that consequences of Mpox can be severe for immunocompromised people. While new clinical data evolves on the level of protection provided by JYNNEOS vaccine in the current outbreak, vaccination is considered an important intervention to reduce severity of illness. Ensuring people at risk for Mpox infection, including all people with HIV, get vaccinated is critical.

Healthcare providers should consider prompt Mpox treatment with tecovirimat for all patients with probable or confirmed Mpox who have severe Mpox disease or involvement of anatomic areas which might result in serious sequelae that include scarring or strictures. Additionally, treatment should be considered for patients who are at risk for severe disease, including: pediatric populations (particularly patients younger than 8 years of age), pregnant or breastfeeding people, people with a condition affecting skin integrity, and people currently experiencing severe immunocompromise - especially those with untreated HIV.

For more information on treatment and treatment considerations, refer to the CDPH Health Care Professionals page. Healthcare providers are strongly encouraged to test all patients with suspected Mpox for HIV and bacterial sexually transmitted infections (STIs) at the time of testing for Mpox, as well as provide HIV treatment as soon as possible.

The California Department of Public Health (CDPH) continues to support and work with community stakeholders, local health departments, and healthcare providers to provide access to Mpox vaccine, treatment guidance, and to address disparities in California. To prevent Mpox transmission in California, we need to build on our successes to date and address health equity gaps involving access to Mpox vaccine and treatment for people to obtain optimal care.

Please find more information in CDPH's Mpox news release.

Partner Updates: New Requirement to Submit Immunization Data to a California Registry

By California Department of Public Health

AB 1797, a new California bill effective January 1, 2023, requires providers to enter immunizations they administer as well as a patient's race and ethnicity into a California immunization registry (CAIR OR RIDE/Healthy Futures). For more information, see the California Department of Public Health's AB 1797 Immunization Registry FAQs.

Partner Updates: Temporary Fluoroscopy Permit

By California Department of Public Health, Radiologic Health Branch

The California Department of Public Health, Radiologic Health Branch (CDPH-RHB) is pleased to announce that effective December 15, 2022, the CDPH-RHB will provide a pathway for eligible Physicians and Surgeons and Doctors of Podiatric Medicine to receive a Temporary Fluoroscopy Permit prior to passing the California Licentiate Supervisor and Operator Fluoroscopy Permit examination, administered by the American Registry of Radiologic Technologists.

An official notice is available to the public on the Radiologic Health Branch, Radiologic & Nuclear Medicine Technology Certification & Permitting website, along with an FAQ.

For questions regarding requirements and the application process, please contact: California Department of Public Health, Radiologic Health Branch at rhblistc@cdph.ca.gov or 916-327-5106.

Partner Updates: California Newborn Screening Program Goes Completely Digital

By California Department of Public Health

The California Department of Public Health's Newborn Screening Program Newsletter is going digital. Future newsletters will be available digitally only. Sign up today!

Partner Updates: UC San Diego Offers Free Webinar for Healthcare Providers

Sign up for UC San Diego's free webinar: Screening and Management of Age and Medically-Related Driving Impairments. A course to manage medically impaired driving and reduce physician liability by improving adherence with mandated reporting requirements in California.

Topics addressed:

• Medical conditions that can impact safe driving.
• Clinical screens of patients to identify impairments.
• Resources for drivers and their families.
• California DMV reporting requirements for physicians.

Upcoming trainings hosted on Zoom:

• Thursday, February 23, 2023 @ 12:15pm - 1:15pm PT
• Thursday, March 9, 2023 @ 12:15pm - 1:15pm PT

Presented by Linda Hill, MD, MPH. Dr. Hill is a distinguished professor in the Herbert Wertheim School of Public Health, and Human Longevity Science at the University of California San Diego.

Email treds@ucsd.edu to request this program for your healthcare organization.

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Safety Administration.

Mandatory Reporting Requirements Reporting to the Board

The California Business & Professions Code require physicians and surgeons, and certain allied health professionals licensed in California to file specific reports with the Medical Board of California under certain conditions. Below is a summary of those required reports.

Physicians

• Each physician or their attorney, insurance company, or state or local governmental agency that self-insures the physician must report each settlement (over $30,000), judgment (any amount) or arbitration award (any amount) within 30 days. The same holds true for attorneys who represent physicians.
  • mbc.ca.gov/Download/Forms/enf-801.pdf
  • Business and Professions Code §801.01
• Physician Reporting - Criminal Actions: An indictment or information charging a felony or any conviction of any felony or misdemeanor must be reported within 30 days.
  • mbc.ca.gov/Download/Forms/enf-802.pdf
  • Business and Professions Code §802.1
• Transfer to Hospital form, or Death of Patient in Outpatient Surgery Setting:
  Physicians performing a medical procedure outside of a general acute care hospital resulting in patient death must report the incident within 15 days. Physicians performing a medical procedure outside of a general acute care hospital resulting in a patient transfer to a hospital for treatment of more than 24 hours must the incident within 15 days.
  • mbc.ca.gov/Download/Forms/oss-patient-death.pdf
  • mbc.ca.gov/Download/Forms/enf-2240b.pdf
  • Business and Professions Code §2240
• Notification of Name Change: Name changes must be reported within 30 days.
  • mbc.ca.gov/Download/Forms/nc-1.pdf
  • Business and Professions Code §2021©
• Address of Record: A change of address must be reported within 30 days.
  • mbc.ca.gov/Download/Forms/07a-08.pdf
  • Business and Professions Code §2021(b)
• Email Address: Any physician with an email account is required to notify the Board of their email address.
  • mbc.ca.gov/Download/Forms/07a-08.pdf
  • Business and Professions Code §2021(d)

Others

• Health facilities and entities that allow a licensed healthcare professional to provide care for patients, must report allegations of sexual abuse and sexual misconduct made by a patient in writing against a licensed healthcare practitioner within 15 days of receiving the written allegation.
  • mbc.ca.gov/Download/forms/enf-805-8.pdf
  • Senate Bill 425 (Hill)
• Insurers' report of Malpractice Settlement or Arbitration Award within a specified time frame.
  • mbc.ca.gov/Download/Forms/enf-801.pdf
  • Business and Professions Code §801.01
• Self-insured employers of physicians report of settlement, judgment or arbitration award within 30 days.
  • mbc.ca.gov/Download/Forms/enf-801.pdf
  • Business and Professions Code §801.01
• State or local government agencies that self-insure physicians, report of settlement, judgment, or arbitration award within 30 days.
  • mbc.ca.gov/Download/Forms/enf-801.pdf
  • Business and Professions Code §801.01
• Peer Review and Health Facility Reporting
  • mbc.ca.gov/Download/Forms/enf-805.pdf
  • Business and Professions Code §805
  • mbc.ca.gov/Download/Forms/enf-805-01.pdf
  • Business and Professions Code §805.01
• Reporting for Coroners
  • mbc.ca.gov/Download/Forms/coroner_report.pdf
  • Business and Professions Code §802.5
• Reporting requirements for court clerks and prosecuting agencies.
  • mbc.ca.gov/Download/Forms/enf-805-01.pdf
  • Business and Professions Codes §§§803, 803.5, and 803.6
• Accredited Outpatient Surgery Settings must report adverse events to the Board no later than five days after the adverse event is detected, or, if that event is an ongoing urgent or emergent threat to the health and safety of patients, personnel, or visitors, not later than 24 hours after adverse event is detected.
  • mbc.ca.gov/Download/Forms/oss-adverse-event.pdf
  • Business and Professions Code §2216.3
• Reporting Transfer of Planned Out-of-Hospital Births: A hospital shall report each transfer by a licensed midwife of a planned out-of-hospital birth to the Medical Board of California and the California Maternal Quality Care Collaborative.
  • mbc.ca.gov/Download/Forms/out-ofhospital-delivery-mw.pdf
  • Business and Professions Code §2510

Reporting To Other Entities

• Live births must be registered with the local registrar of births and deaths for the district in which the birth occurred within 21 days following the date of the event.
  • Health and Safety Code §102400
• Medical and health section data and the time of death shall be completed and attested to by the physician last in attendance, or, in some cases, by a licensed physician assistant. Physicians or licensed physician assistants in certain cases will state conditions contributing to death (except in cases to be investigated by the coroner) and the hour and day the death occurred on a certificate of death and indicate the existence of cancer.
  • Health and Safety Codes §§102795 and 102825
• Certificates of fetal death must be completed by the physician, if any in attendance, within 15 hours after the delivery.
  • Health and Safety Code §102975
• Diseases reportable by physicians, physician assistants, nurses, midwives and others in California.
  • cdph.ca.gov/Programs/PSB/Pages/CommunicableDiseaseControl.aspx
• Reportable to the local health officer for jurisdiction where patient resides.
  • Title 17 California Code of Regulations §2500
• Injuries by deadly weapon or criminal act.
  • (Penal Code §11160) Reportable to local law enforcement.
• Child Abuse (Penal Code §§§11165.7(a)(21), 11165.9, 11166(a)(c)) Reportable to local law enforcement, county probation department or county welfare department.
• Adult and Elder Abuse (Welfare and Institutions Code §15630) Reportable to local law enforcement or an adult protective service agency.
• Injuries Resulting from Neglect or Abuse (Penal Code §11161.8) Reportable to local law enforcement and the county health department.
• Lapses of Consciousness (Health and Safety Code §103900) Reportable to local health officer.
• Pesticide Poisoning and Illness (Health and Safety Code §105200) Physicians must report pesticide illnesses to the local health officer by telephone within 24 hours.
• Miscellaneous Reporting Requirements: Reporting requirements for lost or stolen controlled substances or prescription forms, reporting obligations for illegal use of your DEA number.
  • mbc.ca.gov/Resources/Medical-Resources/prescription-pads.aspx

Additional Requirements

• Required written information physicians must provide to patients.
  www.mbc.ca.gov/Resources/Publications/
• A Patient's Guide to Blood Transfusion
  • Health and Safety Code §1645
• A Woman's Guide to Breast Cancer Treatment
  • Health and Safety Code §109275
• Gynecologic Cancers...What Women Need to Know
  • Health and Safety Code §109278
• Professional Therapy Never Includes Sex
  • Business and Professionals Code §728

Physician Extortion Scam: Now Posing as Law Enforcement

The Medical Board of California (Board) is aware that scam artists have begun posing as law enforcement officers, as well as U.S. Drug Enforcement Administration (DEA) agents and Board staff calling California physicians as part of an extortion scheme.

Scammers posing as law enforcement may tell victims they have missed a court date as an expert witness and have a warrant for their arrest. Scammers posing as DEA agents may tell victims their license is suspended for illegal drug trafficking and the suspension means they will not be able to practice. The scammers may provide an "Agreement for the Bond and Protocols" that includes statements that licensees are not to share or disclose the investigation to any third party and agree to a bond fee payment of $25,000.00.

The scammers' phone number may show up as the Board's toll-free number (800) 633-2322, or, if posing as law enforcement, they may impersonate actual law enforcement officers using their real names.

Please note, law enforcement officers, DEA agents, and Board staff will never contact physicians by telephone to demand money or any other form of payment. If you receive one of these calls, refuse the demand for payment. Please also consider the following:

If the caller is stating they are from the DEA, immediately report the threat using the DEA's Extortion Scam Online Reporting form.

If the caller insists that they speak with you right away, tell them that you'll call them back directly. At this point, some scammers will offer you a phone number as a way to verify they are who they say they are. Don't call the number the scammers provided; instead call the Board' toll-free number at (800) 633-2322.

If the phone number of the caller appears to be the Board's toll-free number, it is recommended that you submit an online complaint with the Federal Communications Commission (FCC) using the FCC's Consumer Complaint form.

Expert Reviewer Ad: MBC Needs You!

If you live in CA and have a full-time active practice in CA, apply to be an Expert Reviewer for MBC.

History

The Medical Board of California (Board) established its Expert Reviewer Program in July 1994 as an impartial and professional means to support its investigation and enforcement functions. Expert Reviewers (Experts)assist the Board by providing reviews and opinions on board cases and conducting medical and psychiatric evaluations.

Requirements

Actively practicing physicians from all other specialties not listed are also welcome to apply and participate in the program. Physicians must be board certified, have been practicing their specialty for a minimum of three years after board certification, have no current complaints, no prior discipline, and must be willing and available to testify in court.

Midwives

The Board also needs midwife expert reviewers throughout the state of California. Licensed midwives must have an active midwifery practice for the past two years, have no current complaints, no prior discipline, and must be willing and available to testify in court.

Contact

For more information regarding compensation and how to apply, please visit our website or e-mail the Board's expert program at MBCMedicalExpertProgram@mbc.ca.gov.

The Board is looking for experts in the following specialties:

• Addiction Medicine with added certification in Family or Internal or Psychiatry
• Cardiology
• Clinical Genetics
• Colon/Rectal Surgery
• Dermatology
• Family Medicine
• Gastroenterology
• Hematology
• Interventional Cardiology
• Midwife Reviewer
• Neurological Surgery
• Neurology
• Obstetrics and Gynecology (with added expertise in Gynecologic Oncology)
• Orthopaedic Surgery
• Pediatric Endocrinology
• Pathology (preferably from the following counties: Orange, Riverside, Sacramento, San Bernardino, San Diego, San Francisco, and Ventura)
• Pain Medicine
• Pediatric Gastroenterology
• Pediatric Surgery
• Pediatric Cardiac Surgery
• Pediatric Critical Care
• Pediatric Pulmonology
• Plastic Surgery
• Psychiatry (Forensic and Addiction)
• Radiation Oncology
• Surgery (General and Endocrine Surgery)
• Thoracic and Cardiac Surgery
• Urology (General and Gender Reassignment)
• Vascular Surgery

Central Complaint Unit Medical Consultants Needed

The Medical Board of California's (Board) Central Complaint Unit is accepting applications for the Medical Consultant Program.

Medical Consultants review complaints to determine whether a formal investigation by Board investigative staff is needed, or if the complaint can be resolved by a preliminary review of the medical records and a physician narrative statement.

Participating physicians are reimbursed $75 per hour for record review and report preparation.

If you are interested, please contact Therese Kelly at (916) 263-2434 or Hugo Estrada at (916) 263-2463. The application and eligibility requirements are available from our website.

While all specialties are welcome to apply, the Board is in need of physicians with the specialties below:

• Cardiac Surgery
• Colon and Rectal Surgery
• Dermatology
• Gynecology
• Interventional Cardiology
• Interventional Radiology
• Neonatal/Perinatal
• Neurological Surgery
• Otolaryngology
• Pain Medicine
• Physical Medicine and Rehabilitation
• Plastic Surgery
• Radiation Oncology
• Thoracic Surgery
• Vascular Surgery

Medical Board Chat Podcast

Did You Know?

The Medical Board of California (Board) has its very own podcast where we chat all things from new and changing legislation, to one-on-one interviews with Board management and Board members.

You can check out the episodes we currently have published on our website, and sign up for the Subscriber Alerts "News" topic to be updated when a new podcast episode is released.

Print Your Wallet License

The Medical Board of California (Board) has developed a "Print Your Own" Wallet License Generator that allows individuals, with licenses in Current status, to generate their own Wallet License and print it wherever they have access to a printer.

Benefits:

• License Specific QR Code allowing interested parties to instantly view DCA Search License Profile page with real-time status information from any QR Code capable device,
• Available immediately, versus the 4-6 weeks previously required to receive plastic cards,
• Wallet License is generated as an electronic PDF file that can be sent to employers or others as needed,
• Saves the Board resources related to the generating, printing, and mailing of plastic cards.

To generate your own Wallet License, please use the link below to access the generator from our website: Medical Board of California Wallet Card Generator

Administrative Actions: May 1, 2022 - July 31, 2022

Physicians and Surgeons

AHMAD, ALI, M.D. (C 127870), NEWPORT BEACH, CA, DECISION AND ORDER

Excessively prescribed controlled substances to two patients; committed repeated negligent acts in the care and treatment of two patients; incompetence and failed to maintain adequate and accurate medical records in the care and treatment of one patient; and unprofessional conduct. License revoked, stayed, placed on five (5) years' probation. Terms and conditions include, but are not limited to, must successfully complete a clinical competence assessment program; must complete a medical record keeping course, a prescribing practices course, and an education course; prohibited from supervising physician assistants and advanced practice nurses; and must pay costs associated with probation monitoring. March 18, 2022.

ABOSHADY, MOUSTAFA MOATAZ (A 128437), LAKE FOREST, CA, DECISION AND ORDER

No admissions but was charged with conspiracy to make false statements in connection with health care benefit programs; and two violations of conspiracy to make false statements in connection with health care benefit programs or aiding and abetting. License Surrendered. June 16, 2022.

ALDOORI, SARWA, M.D. (A 94318), BAKERSFIELD, CA, DECISION AND ORDER

No admissions but was charged with gross negligence, repeated negligent acts, performing surgery and administering anesthesia in an unaccredited surgery center, violation of liposuction extraction and postoperative care standards, and failure to provide adequate security of liability insurance in the care and treatment of one patient, and failed to maintain adequate and accurate medical records in the care and treatment of one patient. Revoked, stayed, placed on seven (7) years' probation until anticipated end date of 06/30/2029. Terms and conditions include, but are not limited to, completing an education course, a medical record keeping course, and an ethics course; completing a clinical competence assessment program; obtaining a practice monitor; prohibited from engaging in the solo practice of medicine; prohibited from participating in any surgical procedures in any operative or office setting, including but not limited to cosmetic surgeries; submitting proof of notification of Decision and First Amended Accusation to required parties; prohibited from supervising physician assistants and advanced practice nurses; submitting quarterly declarations of compliance with all conditions of probation; complying with Board's probation unit; prohibited from engaging in the practice of medicine in Dr. Aldoori's or patient's place of residence, unless the patient resides in a skilled nursing facility or other similar licensed facility; and paying costs associated with probation monitoring. July 1, 2022.

BANSAL, VIVEK, M.D. (A 99986), DANVILLE, CA, DECISION AND ORDER

Public Letter of Reprimand issued pursuant to Business and Professions Code section 2233 for failure to maintain adequate and accurate records. In addition, failed to adequately assess and care for a patient's planned in office surgical procedure. Public Reprimand. July 19, 2022.

BARCHIE, MATTHEW FREDERICK, M.D. (C 159602), BEACHWOOD, OH, DECISION AND ORDER

Public Letter of Reprimand issued pursuant to Business and Professions Code section 2233 for being Admonished in the State of Colorado. Public Reprimand. June 17, 2022.

BIJANPOUR, KAMAL (A 109162), LONG BEACH, CA, DECISION AND ORDER

Pled guilty to one count of illegally importing a firearm. License Revoked. May 27, 2022.

CHAUDHRI, MUHAMMAD SALMAN, M.D. (C 53484) VISALIA, CA, DECISION AND ORDER

Dr. Chaudhri made no admissions but was charged with gross negligence, repeated negligent acts, incompetence, and failed to maintain adequate and accurate medical records in the care and treatment of one patient. Acceptance of this stipulated settlement is not an admission of guilt. License is revoked, stayed, placed on five years' probation until the anticipated end date of 05/19/2027. Terms and conditions include, but are not limited to, completing an education course and a medical record keeping course; prohibited from performing cosmetic surgery or cosmetic procedures, or utilizing intravenous conscious sedation; submitting proof of notification of Decision and Accusation to required parties; prohibited from supervising physician assistants and advanced practice nurses; submitting quarterly declarations of compliance with all conditions of probation; complying with the Board's probation unit; prohibited from engaging in the practice of medicine in Dr. Chaudhri's or patient's place of residence, unless the patient resides in a skilled nursing facility or other similar license facility; and paying costs associated with probation monitoring. May 20,2022.

CIRESI, KEVIN FRANCIS (G 60858), FRESNO, CA, DECISION AND ORDER

Unable to satisfy terms and conditions of Board-ordered probation. License Surrendered. June 7, 2022.

DEBURGHGRAEVE, CORY ROBERT (A 174801) CHICAGO, IL, DECISION AND ORDER

Unable to satisfy terms and conditions of Board-ordered probation. License Surrendered. July 18, 2022.

ESPINOZA, GABRIEL STANLEY, M.D. (A 179293) LOMA LINDA, CA, DECISION AND ORDER

Dr. Espinoza had postgraduate training issues involving unprofessional conduct, resulting in a contract not being renewed or offered the following year; and reported recent completion of a substance abuse recovery program and continued participation in follow-up care. Acceptance of this stipulated settlement is not an admission of guilt. Probationary license issued, placed on five years' probation until the anticipated end date of 07/22/2027. Terms and conditions include, but are not limited to, notification of employer; submitting to biological fluid testing; attending substance abuse support group meetings; completing a clinical diagnostic evaluation (shall not engage in the practice of medicine until notified by the Board or its designee that Dr. Espinoza has at least thirty (30) days of negative biological fluid tests or biological fluid tests indicating Dr. Espinoza has not used, consumed, ingested, or administered to himself a prohibited substance, and is fit to practice medicine safely); obtaining a worksite monitor; abstaining from the use of controlled substances; abstaining from the use of alcohol; attending psychotherapy; prohibited from engaging in the solo practice of medicine; obtaining a practice monitor; submitting proof of notification of Decision to required parties; prohibited from supervising physician assistants and advanced practice nurses; submitting quarterly declarations of compliance with all conditions of probation; complying with the Board's probation unit; prohibited from engaging in the practice of medicine in Dr. Espinoza's or patient's place of residence, unless the patient resides in a skilled nursing facility or other similar licensed facility; and paying costs associated with probation monitoring. June 3, 2022.

FIRST, BRIAN PETER, M.D. (A 33952) SAN DIEGO, CA, DECISION AND ORDER

Admitted to gross negligence, and failure to maintain adequate and accurate records in the care and treatment of two patients. Must complete an ethics course and must reimburse the Board for the costs associated with the investigation and enforcement of this case in the amount of $6,253.75. Public Reprimand. July 29, 2022.

FRIEDMAN, AMIR (A 64093) CALABASAS, CA, DECISION AND ORDER

Admitted guilty for conspiracy to commit dishonest services, mail and wire fraud, and interstate travel in aid of bribery, gross negligence, and repeated negligent acts. License Revoked. May 6, 2022.

FRISOLI, JOAN KATHERINE, M.D. (A 63373) CARMEL, CA, DECISION AND ORDER

Dr. Frisoli made no admissions but was charged with unprofessional conduct: convicted of a crime/dangerous use of alcohol, impaired ability to safely practice medicine, and dangerous use of alcohol. Acceptance of this stipulated settlement is not an admission of guilt. License is revoked, stayed, placed on five years' probation until the anticipated end date of 06/17/2027. Terms and conditions include, but are not limited to, completing an ethics course; abstaining from the use of alcohol and controlled substances; submitting to biological fluid testing; at the Board's discretion, and on whatever periodic basis required by the Board, undergo and complete a psychiatric and/or substance abuse evaluation; attending substance abuse support group meetings; obtaining a worksite monitor; notification of employer; prohibited from supervising physician assistants and advanced practice nurses; submitting quarterly declarations of compliance with all conditions of probation; complying with the Board's probation unit; prohibited from engaging in the practice of medicine in Dr. Frisoli's or patient's place of residence, unless the patient resides in a skilled nursing facility or other similar license facility; reimburse the Board its costs of investigation and enforcement in the amount of $3,600.00; and paying costs associated with probation monitoring. June 17, 2022.

HOLSCHER, DONNA A, M.D. (G 59568), REDDING, CA, DECISION AND ORDER

Negligent and failed to maintain adequate and accurate medical records in the care and treatment of two patients. Must complete a prescribing practices course and a medical record keeping course. Public Reprimand. June 17, 2022.

HORNER, PAUL NICHOLAS, M.D. (A 180618) ATLANTA, GA, DECISION AND ORDER

Committed acts of unprofessional conduct and has a condition affecting his ability to practice medicine safely. Acceptance of this decision is not an admission of guilt. Probationary license issued, placed on three years' probation until the anticipated end date of 07/06/2025. Terms and conditions include but are not limited to, submitting to a psychiatric evaluation; attending psychotherapy; submitting proof of notification of Decision and Accusation to required parties; prohibited from supervising physician assistants and advanced practice nurses; submitting quarterly declarations of compliance with all conditions of probation; complying with the Board's probation unit; prohibited from engaging in the practice of medicine in Dr. Horner's or patient's place of residence, unless the patient resides in a skilled nursing facility or other similar licensed facility; and paying costs associated with probation monitoring. July 19, 2022.

HOUSE, DAVID DUNCAN (G 58877) LAKEPORT, CA, DECISION AND ORDER

Convicted upon guilty plea to sexual battery and sexual exploitation of a patient. License Surrendered. June 15, 2022.

HUDSON, LISA ANNE, M.D. (G 77153) DANVILLE, CA, DECISION AND ORDER

Convicted for battery. Must complete 25 free hours of community service, Ethics course, and must reimburse the Board for costs associated with the investigation and enforcement of this case in the amount of $935.00. Public Reprimand. June 17, 2022.

LEE, SU KIN, M.D. (A 48044) SAN GABRIEL, CA, DECISION AND ORDER

Public Letter of Reprimand issued pursuant to Business and Professions Code section 2233 for unprofessional conduct and gross negligence in the care and treatment of a single patient. Failure to maintain adequate and accurate records in the care and treatment of a single patient. Public Reprimand. June 17, 2022.

LEHMAN, KENT WALTER (G 38595) SANTA ANA, CA, DECISION AND ORDER

Does not contest but violated terms and conditions of probation when engaged in gross negligence, repeated negligent acts, and unprofessional conduct by failing to provide medical records to patient and failed to maintain adequate and accurate medical records. License Surrendered. June 3, 2022.

MADAN, SHERNA, M.D. (G 43846), REDWOOD CITY, CA, DECISION AND ORDER

No admissions, but was charged with unprofessional conduct, gross negligence, repeated negligent acts, and incompetence in the care and treatment of three patients. Violated statutes regulating dangerous drugs or controlled substances, prescribed without an appropriate prior medical examination or indication. Excessively prescribed controlled substances to three patients; failed to maintain adequate and accurate medical records in the care and treatment of three patients. Failed to consult the CURES database prior to prescribing, ordering, administering, or furnishing a controlled substance; and prescribed, administered or dispensed controlled substances to an addict. Acceptance of this stipulated settlement is not an admission of guilt. Effective 07/11/2022, revoked, stayed, placed on five (5) years' probation until anticipated end date of 07/10/2027. Terms and conditions include, but are not limited to, notification to patients of probation status; completing a prescribing practices course and a medical record keeping course; obtaining a practice monitor; prohibited from practicing psychiatry, submitting proof of notification of Decision and Accusation to required parties, prohibited from supervising physician assistants and advanced practice nurses, reimburse the Board of its costs of investigation and enforcement in the amount of $9,000, submitting quarterly declarations of compliance with all conditions of probation, comply with the Board's probation unit, prohibited from engaging in the practice of medicine in Dr. Madan's or patient's place of residence unless the patient resides in a skilled nursing facility or other similar licensed facility. Pay costs associated with probation monitoring. July 11, 2022.

MALEK, SABRI ELSHENAWY, M.D. (A 89836), PASADENA, CA, DECISION AND ORDER

Committed gross negligence, repeated negligent acts, incompetence. and failed to maintain adequate and accurate medical records in the care and treatment of multiple patients. Effective 07/27/2022, revoked, stayed, placed on three years' probation until anticipated end date of 07/26/2025. Terms and conditions include, but are not limited to, completing an education course and a medical record keeping course; submitting proof of notification of Decision and Accusation to required parties; prohibited from supervising physician assistants and advanced practice nurses; submitting quarterly declarations of compliance with all conditions of probation; complying with the Board's probation unit; prohibited from engaging in the practice of medicine in Dr. Malek's or patient's place of residence, unless the patient resides in a skilled nursing facility or other similar licensed facility; reimbursing the Board its costs of investigation and enforcement in the amount of $34,231; and paying costs associated with probation monitoring. July 27, 2022.

MATTISON, GENNAYA LYNN, M.D. (A 140545), SALEM, OR, DECISION AND ORDER

Public Letter of Reprimand issued pursuant to Business and Professions Code section 2233. Arrested for a misdemeanor violation of Vehicle Code 23152 (A) DUI Alcohol. Must complete a Professionalism Program (Ethics Course). Public Reprimand. July 15, 2022.

MCARTHUR, ROSS ANDREW, M.D. (C 53690), PARADISE VALLEY, AZ, DECISION AND ORDER

Dr. McArthur admitted to being disciplined by the Arizona Medical Board for committing unprofessional acts in the care and treatment of a single patient. Effective 07/07/2022, revoked, stayed, placed on five years' probation until the anticipated end date of 07/06/2027. Terms and conditions include, but are not limited to, completing an education course, a medical record keeping course, and an ethics course within 60 days of effective date. Complete clinical competence assessment program; obtaining a practice monitor; prohibited from engaging in the solo practice of medicine; submitting proof of notification of Decision and Accusation to required parties; prohibited from supervising physician assistants and advanced practice nurses. Submit quarterly declarations of compliance with all conditions of probation. Comply with the Board's probation unit; prohibited from engaging in the practice of medicine in Dr. McArthur's or patient's place of residence, unless the patient resides in a skilled nursing facility or other similar licensed facility. Pay all costs associated with probation monitoring. July 7, 2022.

MCKINDSEY, FRANCES ANN, M.D. (G 80265), EL SEGUNDO, CA, DECISION AND ORDER

Public Letter of Reprimand issued pursuant to Business and Professions Code section 2233. Failing to inform a pregnant patient of an abnormal genetic Cystic Fibrosis (CF) carrier screening blood test until after her baby was born. Must complete Medical Record Keeping Course. Public Reprimand. July 15, 2022.

MELARAGNO, ALBERT JOSEPH, M.D. (G 35394), NORTHRIDGE, CA, DECISION AND ORDER

Public Letter of Reprimand issued pursuant to Business and Professions Code section 2233 for violating professional and ethical boundaries with a patient from 2015-2017, for improper prescribing, and for failing to maintain adequate and accurate medical records. Must complete Prescribing Practices Course and Medical Record Keeping Course. Public Reprimand. July 15, 2022.

MILSTEIN, DAVID REID, M.D. (G 37026), LAS VEGAS, NV, DECISION AND ORDER

No admissions but was charged with gross negligence, repeated negligent acts, and failed to maintain adequate and accurate medical records in the care and treatment of one patient. Acceptance of this stipulated settlement is not an admission of guilt. Effective 05/11/2022, license revoked, stayed, placed on five years' probation until the anticipated end date of 05/10/2027. Terms and conditions include, but are not limited to, completing a medical record keeping course and an ethics course; shall not practice cosmetic medicine until successfully completing a clinical competence assessment program; submitting proof of notification of Decision and First Amended Accusation to required parties. Prohibited from supervising physician assistants and advanced practice nurses. Submitting quarterly declarations of compliance with all conditions of probation and complying with the Board's probation unit. Prohibited from engaging in the practice of medicine in Dr. Milstein's or patient's place of residence, unless the patient resides in a skilled nursing facility or other similar license facility. Pay all costs associated with probation monitoring. May 11, 2022.

MONTENEGRO, CARLOS HUMBERTO (A 48811), PASADENA, CA, DECISION AND ORDER

License revoked by default. Failed to comply with probation term #6 Biological Fluid Testing; failed to submit a biological fluid sample when requested, and term #9 Violation of Probation Condition for Substance Abusing Licensees; failed to fully comply with any term or condition of probation is a violation of probation. License Revoked. May 22, 2022.

NASIR, MUHAMMAD, M.D. (A 44253), ALTADENA, CA, DECISION AND ORDER

No admissions, but was charged with gross negligence, repeated negligent acts, and failed to maintain adequate and accurate medical records in the care and treatment of three patients, and unprofessional conduct. Acceptance of this stipulated settlement is not an admission of guilt. Effective 05/27/2022, revoked, stayed, placed on three years' probation until the anticipated end date of 05/26/2025. Terms and conditions include, but are not limited to, maintaining a record of all controlled substances ordered, prescribed, dispensed, administered, or possessed and any recommendations or approvals to possess or cultivate marijuana; completing an education course, a prescribing practices course, and a medical record keeping course; obtaining a practice monitor; submitting proof of notification of Decision and First Amended Accusation to required parties; prohibited from supervising physician assistants and advanced practice nurses. Ordered to reimburse the Board its costs of investigation and enforcement, including, but not limited to, expert review, amended accusations, legal reviews, joint investigations, and subpoena enforcement, as applicable, in the amount of $8,553.75. Submit to quarterly declarations of compliance with all conditions of probation. Comply with the Board's probation unit. Prohibited from engaging in the practice of medicine in Dr. Nasir's or patient's place of residence, unless the patient resides in a skilled nursing facility or other similar license facility. Pay all costs associated with probation monitoring. May 27, 2022.

NEVINS, JAMES PHILLIP (A 26710), TEMECULA, CA, DECISION AND ORDER

Unable to satisfy terms and conditions of Board-ordered probation. License Surrendered. June 23, 2022.

O'CONNOR, DYLAN EDWARD (A 157065), PALO ALTO, CA, DECISION AND ORDER

Convicted Felony for CA Penal Code Section 288.2 (A)(2) Distributing or Showing Pornography to a Minor. Sentenced to three years prison time (sentence suspended) and one year of county jail to be followed by two years of supervised probation. Must register as a sex offender. License Revoked. May 26, 2022.

OLSON, KEVIN WAYNE (G 86467), DALLAS, TX, DECISION AND ORDER

Admissions to gross negligence, repeated negligent acts, and general unprofessional conduct in his care and treatment of patients. Agrees that cause exists for discipline and surrenders license without further process. License Surrendered. July 20, 2022.

OOI, JAMES PENG GUAN (C 39127), CORNING, CA, DECISION AND ORDER

Committed gross negligence, repeated negligent acts, and unprofessional conduct by failing to provide an appropriate follow-up evaluation of x-ray results. Decision was rendered wherein his license was revoked, with the revocation stayed, and placed on five years' probation with various standard terms and conditions. June 27, 2022.

OWEN, SEAN MICHAEL, M.D. (A 123587), MOBILE, AL, DECISION AND ORDER

Committed gross negligence, repeated negligent acts, and unprofessional conduct by in the treatment of a patient when he noted in his operative report that he performed surgery on patient's incorrect wrist. Ordered an MRI for the incorrect wrist and did not document why. After patient had already arrived for scheduled surgery, he delayed the scheduled surgery by one day. Did not obtain cultures and sensitivities from patient during surgery in order to document the type of organism and determine if antibiotics would be appropriate. Failed to provide sufficient post-operative care, failed to maintain adequate and accurate records. Order to pay $2,500 of cost recovery and future admission clause. Complete Medical Record Keeping Course. Public Remand. May 19, 2022.

PAPPAS, CONRAD THOMAS ERNE, M.D. (G 72195), SACRAMENTO, CA, DECISION AND ORDER

Public Letter of Reprimand issued pursuant to Business and Professions Code section 2233. Failed to remove Deep Brain Stimulation (DBS) once it was exposed or infection identified. Public Remand. July 6, 2022.

PARK, TAIKEUN (C 51444), SAN DIEGO, CA, DECISION AND ORDER

Committed gross negligence, repeated negligent acts, failed to maintain adequate and accurate records, and unprofessional conduct in his care and treatment of a single patient. License Surrendered. May 31, 2022.

PATINO, GABRIEL H, M.D. (A 44315), EL CERRITO, CA, DECISION AND ORDER

No admissions but was charged with unprofessional conduct; gross negligence and repeated negligent acts in the care and treatment of one patient; and disseminating false or misleading information concerning professional services. Acceptance of this stipulated settlement is not an admission of guilt. Effective 05/11/2022, license revoked, stayed, placed on thirty-five months' probation until the anticipated end date of 04/10/2025. Terms and conditions include, but are not limited to, completing an education course, a medical record keeping course, and an ethics course; submitting proof of notification of Decision and First Amended Accusation to required parties; prohibited from supervising physician assistants and advanced practice nurses; ordered to reimburse the Board its costs of investigation and enforcement, including, but not limited to, expert review, amended accusation, legal reviews, joint investigations, and subpoena enforcement, as applicable, in the amount of $3,626.26; submitting quarterly declarations of compliance with all conditions of probation; complying with the Board's probation unit; prohibited from engaging in the practice of medicine in Dr. Patino's or patient's place of residence, unless the patient resides in a skilled nursing facility or other similar license facility; and paying costs associated with probation monitoring. May 11, 2022.

PAWLIKOWSKA-HADDAL, ANNA (A 82389), CUCHILLO, NM, DECISION AND ORDER

Committed gross negligence, repeated negligent acts, and unprofessional conduct in the care and treatment of six patients. License Surrendered. June 24, 2022.

PEREZ, PETER JAMES, M.D. (G 77332), SAN LEANDRO, CA, DECISION AND ORDER

Engaged in unprofessional conduct and physical violence when he assaulted a man outside of his medical office building. Must complete Professionalism Program (Ethics Course). Public Reprimand. May 4, 2022.

RABIEE, HAMID (A 55963), REDDING, CA, DECISION AND ORDER

Convicted and required to register as a sex offender. Revoked. July 5,2022.

RAMSAY, JACQUELINE CLINTON, M.D. (G 179727), FOLSOM, CA, DECISION AND ORDER

Dr. Ramsay has not performed any clinical care activities since 1999, which may impact the ability to practice medicine safely as an independent practitioner. Effective 06/17/2022, probationary license issued, placed on three years' probation until the anticipated end date of 06/16/2025. Terms and conditions include, but are not limited to, obtaining a practice monitor; prohibited from engaging in the solo practice of medicine; complete an education course; submitting proof of notification of Decision to required parties; prohibited from supervising physician assistants and advanced practice nurses; submitting quarterly declarations of compliance with all conditions of probation; complying with Board's probation unit; prohibited from engaging in the practice of medicine in Dr. Ramsay's or patient's place of residence, unless the patient resides in a skilled nursing facility or other similar licensed facility; and paying costs associated with probation monitoring. June 17, 2022.

RAVAL, NARENDRA KANTILAL, M.D. (A 37591), BAKERSFIELD, CA, DECISION AND ORDER

Committed gross negligence, repeated negligent acts in the care and treatment of a single patient. License Surrendered. June 29, 2022.

ROGERS, PETER JONATHAN, M.D. (A 47822), LAGUNA WOODS, CA, DECISION AND ORDER

In a subsequent matter, admitted to failing to comply with his Board-ordered probation due to non-practice exceeding two years, failing to pay the costs of probation monitoring, and failing to maintain a current and renewed California license. Effective 05/13/2022, revoked, stayed, placed on a new grant of probation for three years, until the anticipated end date of 08/31/2025. Terms and conditions include, but are not limited to, attending psychotherapy; prohibited from engaging in the solo practice of medicine; submitting proof of notification of Decision and Accusation to required parties; prohibited from supervising physician assistants and advanced practice nurses; submitting quarterly declarations of compliance with all conditions of probation; complying with the Board's probation unit; prohibited from engaging in the practice of medicine in Dr. Rogers' or patient's place of residence, unless the patient resides in a skilled nursing facility or other similar license facility; and paying costs associated with probation monitoring. May 13, 2022.

SAIFY, EMIL A, M.D. (A 92733), HOLLYWOOD, CA, DECISION AND ORDER

Made no admissions but was charged with repeated negligent acts and failed to maintain adequate and accurate medical records in the care and treatment of a single patient. Acceptance of this stipulated settlement is not an admission of guilt. Effective 06/24/2022, revoked, stayed, and placed on two years' probation until the anticipated end date of 06/24/2024. Terms and conditions include, but are not limited to, medical record keeping course, clinical competence assessment program, prohibition from physician assistant and advanced practice nurse supervision, probation monitoring costs. June 24, 2022.

SAXENA, ANJALI BHATT, M.D. (A 67175), SAN JOSE, CA, DECISION AND ORDER

Convicted of violating penal code section 273a(a) (child endangerment) and vehicle code section 23103(a) (reckless driving); using drugs and/or alcohol in a manner as to be dangerous or injurious to herself, another person or to the public; dishonest or corrupt acts; and having a condition affecting her ability to practice medicine safely. License revoked, stayed, and placed on five (5) years' probation. Terms and conditions include, but are not limited to, abstaining from controlled substances, abstaining from alcohol use, ethics course, psychiatric and/ or substance abuse evaluation, psychotherapy, solo practice prohibition, notice of employer or supervisor information, biological fluid testing, substance abuse support group meetings, worksite monitoring, prohibition from supervising physician assistants or advanced practice nurses, and probation monitoring costs. July 1, 2022.

SCHINDELHEIM, ROY HOWARD (C 37325), BELFAIR, WA, DECISION AND ORDER

Unable to satisfy terms and conditions of Stipulation and Waiver. License Surrendered. June 21, 2022.

SIMENTAL, MICHAEL ANTHONY (A 86750), CORONA, CA, DECISION AND ORDER

No admissions but charged with failure to comply with 2019 Decision's Disciplinary Order in that he failed to successfully complete the Physician Assessment and Clinical Education Program (PACE). Failed to maintain accurate medical records, demonstrated incompetence and suffers from a mental/physical impairment that affects ability to practice medicine safely. License Surrendered. June 01, 2022.

SINGH, MANBIR, M.D. (A 44591), MCFARLAND, CA, DECISION AND ORDER

No admissions but charged with gross negligence and repeated negligent acts in the care and treatment of three patients; failure to maintain adequate and accurate medical records in the care and treatment of four patients; and unprofessional conduct. Physician must complete an education course, a medical record keeping course, and an ethics course; and reimburse the Board its costs of investigation and enforcement in the amount of $1,760.00. Public Reprimand. May 27,2022.

SONI, NEIL RAAJ, M.D. (A 97825), FOUNTAIN VALLEY, CA, DECISION AND ORDER

No admissions but charged with gross negligence, repeated negligent acts, and failure to maintain adequate and accurate records. License revoked, stayed, and placed on thirty-five months' probation. Terms and conditions include, but are not limited to, maintaining a record of all controlled substances, continuing medical education (CME), completing a prescribing practices course, medical records keeping course, an ethics course, obtaining a worksite monitor, notification of employer; obey all laws; submitting quarterly declarations of compliance with all conditions of probation; complying with the Board's probation unit. June 17, 2022.

SPAHN, WILLIAM MADDUX JR, M.D. (C 36818), YUCAIPA, CA, DECISION AND ORDER

Public Letter of Reprimand issued pursuant to Business and Professions Code 2233 for screening for prostate cancer without engaging in a shared decision-making process with the patient. Public Reprimand. July 21, 2022.

STEFFEN, PRENTICE DAVID, M.D. (G 64271), SANTA CRUZ, CA, DECISION AND ORDER

Public Letter of Reprimand issued pursuant to Business and Professions Code 2233 for deviating from the standard of care in the management of a patient with cardiovascular heart failure and moderate to severe respiratory distress. Public Reprimand. June 17, 2022.

SULLIVAN, LESLIE ANDREA (G 69219), CUPERTINO, CA, DECISION AND ORDER

Criminal conviction for driving with a blood alcohol content of .25% and battery on a police officer. License Surrendered. May 2, 2022.

TOLWIN, MICHAEL HIRSCH, M.D. (G 48816), LOS ANGELES, CA, DECISION AND ORDER

No admissions but charged with gross negligence, repeated negligent acts, prescribed without indication, failure to maintain adequate and accurate records, and general unprofessional conduct. Effective 06/17/2022, revoked, stayed, placed on probation for one additional year to run consecutive to the originally estimated date of completion of the probationary order in Board Case No. 8002014009168 (12/21/2021). All terms and conditions on the 2018 Decision continue to apply. Additional terms and conditions include, but are not limited to, completing an additional 40 hours per year of Category I certified education courses in addition to the required Continuing Medical Education (CME) requirements for renewal of licensure; complete a prescribing practices course, reimburse the Board its costs of investigation and enforcement in the amount of $6,092.50; and paying costs associated with probation monitoring. June 17, 2022.

VERHOEVE, PAUL EDWARD, M.D. (A 45358), EL CAJON, CA, DECISION AND ORDER

Convicted of one misdemeanor count of driving with a blood alcohol content of .08% or more, and general unprofessional conduct. License revoked, stayed, and placed on five years' probation. Terms and conditions include, but are not limited to, abstaining from the use of alcohol; completing an ethics course; notification of employer; submitting to biological fluid testing; attending substance abuse support group meetings; submitting proof of notification of Decision and Accusation to required parties; prohibited from supervising physician assistants and advanced practice nurses; reimbursing the Board its costs of investigation and enforcement, submitting quarterly declarations of compliance with all conditions of probation; complying with the Board's probation unit; prohibited from engaging in the practice of medicine at place of residence, probation monitoring costs. July 15, 2022.

WANG, KYUHYUN (A 50779), MINNEAPOLIS, MN, DECISION AND ORDER

Respondent agrees that based on the action taken by Minnesota, cause exists to discipline his issued license. To avoid the expense and uncertainty of a hearing, freely and voluntarily waived each of his rights. License Surrendered. June 22, 2022.

WATT, JONATHAN LAM YUEN (A 107815), SAN BERNARDINO, CA, DECISION AND ORDER

No admissions but charged with sexual misconduct, sexual exploitation, gross negligence, and repeated negligent acts in his care and treatment of two patients. License Surrendered. June 21, 2022.

WILLIAMSON, LINETTE FAYE, M.D. (A 83666), ENCINITAS, CA, DECISION AND ORDER

Public Letter of Reprimand issued pursuant to Business and Professions Code 2233 for deviating from the standard of care by providing a vaccine exemption without clinical basis or justification. Public Reprimand. June 29, 2022.

WONG, DEBORAH FONES, M.D. (G 64641), SONORA, CA, DECISION AND ORDER

Previously revoked license was reinstated, revoked, stayed, and placed on seven years' probation until anticipated end date of 06/20/2029. Terms and conditions include, but are not limited to, controlled substances restriction, surrender of DEA permit, abstain from use of controlled substances, abstain from use of alcohol, continuing medical education (CME), prescribing practices course, medical record keeping course, ethics course, professional boundaries program, special purpose examination (SPEX), psychiatric evaluation, psychotherapy, prohibition from supervising physician assistants, probation monitoring costs, biological fluid testing, substance abuse support group meetings, worksite monitoring. June 20, 2022.

YACOUB, ATEF LABIB, M.D. (A 40189), MONTEBELLO, CA, DECISION AND ORDER

Charged with repeated negligent acts, dishonesty, and unprofessional conduct. Dr. Yacoub is publicly reprimanded for use of fluoroscopy without a permit. Terms and conditions include, but are not limited to, an ethics course. Public Reprimand. July 08, 2022.

ZOSPAH, RAELENE DEE, M.D. (A 179133), MURRIETA, CA, DECISION AND ORDER

A probationary license is issued, placed on two years and eleven months' probation. Terms and conditions include, but are not limited to, shall not practice medicine until Dr. Zospah has successfully completed a clinical competence assessment program and has been so notified by the Board or its designee in writing; prohibited from engaging in the solo practice of medicine; submitting quarterly declarations of compliance with all conditions of probation; complying with the Board's probation unit; prohibited from engaging in the practice of medicine in Dr. Zospah's or patient's place of residence, unless the patient resides in a skilled nursing facility or other similar licensed facility; and paying costs associated with probation monitoring. May 31, 2022.

MBC Information and Contacts

Department of Consumer Affairs
Medical Board of California
2005 Evergreen Street, Suite 1200
Sacramento, CA 95815-5401

2023 MBC Meetings:

• Quarterly Board and Committee Meeting: February 8-10, 2023, Location TBD
• Quarterly Board and Committee Meeting: May 17-20, 2023, Location TBD

Please visit the Board's Meetings Webpage for updates.

Contact Us:

• For questions or assistance with the following, call 800-633-2322 or 916-263-2382
  • Consumer Complaints and Information
  • Applications
  • Health Facility Discipline Reports
  • Fictitious Name Permits
  • License Renewals
  • BreEZe Assistance
• For Continuing Education call 916-263-2645
• For the Expert Reviewer Program call 818-551-2129
• For Publications and Outreach call 916-263-2466
• For Midwives - all inquiries call 916-263-2393
• For Physician Assistant call 916-561-8780
• For the Department of Consumer Affairs, Healing Arts Board and Bureau Complaints call 800-952-5210

Business and Professions Code Section 2021(b) and (c) require physicians to inform the Medical Board in writing of any name or address change. Visit our website to learn more.

Medical Board of California, Deputy Director - Reji Varghese

Fourth Quarter 2022 Edition, Medical Board of California News

Contact us by email at webmaster@mbc.ca.gov