1/·-afii daniel... · 2017. 8. 13. · 1 3. on or about april 19, 2001, the medical board of...

BEFORE THE MEDICAL BOARD OF CALIFORNIA

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against:

DANIEL CARRILLO MALDONADO, M.D.

) ) ) ) ) ) ) ) ) ) )

Case No. 11-2012-221855

Physician 1 s and Surgeon 1 s Certificate No. A 74326

Respondent

DECISION

The attached Stipulated Settlement and Disciplinary Order is hereby adopted as the Decision and Order of the Medical Board of California, Department of Consumer Affairs, State of California.

This Decision shall become effective at 5:00p.m. on July 29, 2016.

IT IS SO ORDERED: June 29, 2016.

MEDICAL BOARD OF CALIFORNIA

1/·-Afii ... . ~ Howard ~ss, M.D., Chair Panel B

KAMALA D. HARRIS Attorney General of California

2 E. A. JONES III Supervising Deputy Attorney General

3 CINDY M. LOPEZ Deputy Attorney General

4 State Bar No. 119988 California Department of Justice

5 300 So. Spring Street, Suite 1702 Los Angeles, CA 900 13

6 Telephone: (213) 897-7373 Facsimile: (213) 897-93 95

7 Attorneys for Complainant

8 BEFORETHE MEDICAL BOARD OF CALIFORNIA

9 DEPARTMENT OF CONSUMER AFFAIRS

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11

12

13

14

STATE OF CALIFORNIA


DANIEL MALDONADO, M.D. 1701 E. Ceasar Chavez Ave., Suite 402 Los Angeles, CA 90033

Case No. 11-2012-221855

OAH No. 2015070745

STIPULATED SETTLEMENT AND DISCIPLINARY ORDER

15 Physician's and Surgeon's Certificate No.

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17

18

A74326

Respondent.

19 IT IS HEREBY STIPULATED AND AGREED by and between the parties to the above-

20 entitled proceedings that the foJlowing matters are true:

21 PARTIES

22 1. Kimberly Kirchmeyer ("Complainant") is the Executive Director of the Medical

23 Board of California. She brought this action solely in her official capacity and is represented in

24 this matter by Kamala D. Harris, Attorney General of the State of California, by Cindy M. Lopez,

25 Deputy Attorney General.

26 2. Respondent Daniel Maldonado, M.D. ("Respondent") is represented in this

27 proceeding by attorney Raymond J. McMahon, whose address is: 100 Spectrum Center Drive,

28 Suite 520, Irvine, CA 92618.

STIPULATED SETTLEMENT (11-2012-221855)

1 3. On or about April 19, 2001, the Medical Board of California issued Physician's and

2 Surgeon's Certificate No. A74326 to Daniel Maldonado, M.D. (Respondent). The certificate was

3 in full force and effect at all times relevant to the charges brought in Accusation No. 11-2012-

4 221855 and will expire on December 31,2016, unless renewed.

5 JURISDICTION

6 4. Accusation No. 11-20 I2-22I855 was tiled before the Medical Board of California

7 (Board), Department of Consumer Affairs, and is currently pending against Respondent. The

8 Accusation and all other statutorily required documents were properly served on Respondent on

9 February 19,2015. Respondent timely filed his Notice of Defense contesting the Accusation.

10 5. A copy of Accusation No. II-20 I2-22I855 is attached as exhibit A and incorporated

II herein by reference.

I2 ADVISEMENT AND WAIVERS

13 6. Respondent has carefully read, fully discussed with counsel, and understands the

14 charges and allegations in Accusation No. II-2012-22I855. Respondent has also carefully read,

15 fully discussed with counsel, and understands the effects of this Stipulated Settlement and

16 Disciplinary Order.

I 7 7. Respondent is fully aware of his legal rights in this matter, including the right to a

I8 hearing on the charges and allegations in the Accusation; the right to be represented by counsel at

19 his own expense; the right to confront and cross-examine the witnesses against him; the right to

20 present evidence and to testify on his own behalf; the right to the issuance of subpoenas to compel

21 the attendance of witnesses and the production of documents; the right to reconsideration and

22 court review of an adverse decision; and all other rights accorded by the California

23 Administrative Procedure Act and other applicable laws.

24 8. Respondent voluntarily, knowingly, and intelligently waives and gives up each and

25 every right set forth above.

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27

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2

STIPULATED SETTLEMENT ( 11-20 12-221855)

CULPABILITY

2 9. Respondent understands and agrees that the charges and allegations in Accusation

3 No. 11-2012-221855, if proven at a hearing, constitute cause for imposing discipline upon his

4 Physician's and Surgeon's Certificate.

5 10. For the purpose of resolving the Accusation without the expense and uncertainty of

6 further proceedings, Respondent agrees that, at a hearing, Complainant could establish a factual

7 basis for the charges in the Accusation, and that Respondent hereby gives up his right to contest

8 those charges.

9 11. Respondent agrees that his Physician's and Surgeon's Certificate is subject to

10 discipline and he agrees to be bound by the Board's probationary terms as set forth in the

11 Disciplinary Order below.

12 CONTINGENCY

13 12. This stipulation shall be subject to approval by the Medical Board of California.

14 Respondent understands and agrees that counsel for Complainant and the staff of the Medical

15 Board of California may communicate directly with the Board regarding this stipulation and

16 settlement, without notice to or participation by Respondent or his counsel. By signing the

17 stipulation, Respondent understands and agrees that he may not withdraw his agreement or seek

18 to rescind the stipulation prior to the time the Board considers and acts upon it. If the Board fails

19 to adopt this stipulation as its Decision and Order, the Stipulated Settlement and Disciplinary

20 Order shall be of no force or effect, except for this paragraph, it shall be inadmissible in any legal

21 action between the parties, and the Board shall not be disqualified from further action by having

22 considered this matter.

23 13. The parties understand and agree that Portable Document Format (PDF) and facsimile

24 copies of this Stipulated Settlement and Disciplinary Order, including PDF and facsimile

25 signatures thereto, shall have the same force and effect as the originals.

26 14. In consideration of the foregoing admissions and stipulations, the parties agree that

27 the Board may, without further notice or formal proceeding, issue and enter the following

28 Disciplinary Order:

3

STIPULATED SETTLEMENT (I J-20I2-22 I 855)

DISCIPLINARY ORDER

2 IT IS HEREBY ORDERED that Certificate No. A74326 issued to Respondent, Daniel

3 Maldonado, M.D., is revoked. However, the revocation is stayed and Respondent is placed on

4 probation for five (5) years on the following terms and conditions:

5 1. CONTROLLED SUBSTANCES - ABSTAIN FROM USE. Respondent shall

6 abstain completely from the personal use or possession of controlled substances as defined in the

7 California Uniform Controlled Substances Act, dangerous drugs as defined by Business and

8 Professions Code section 4022, and any drugs requiring a prescription. This prohibition does not

9 apply to medications lawfully prescribed to Respondent by another practitioner for a bona fide

10 illness or condition.

11 Within 15 calendar days of receiving any lawfully prescribed medications, Respondent

12 shall notify the Board or its designee of the: issuing practitioner's name, address, and telephone

13 number; medication name, strength, and quantity; and issuing pharmacy name, address, and

14 telephone number.

15 If Respondent has a confirmed positive biological fluid test for any substance (whether or

16 not legally prescribed) and has not reported the use to the Board or its designee, Respondent

17 shall receive a notification from the Board or its designee to immediately cease the practice of

18 medicine. The Respondent shall not resume the practice of medicine until final decision on an

19 accusation and/or a petition to revoke probation. An accusation and/or petition to revoke

20 probation shall be filed by the Board within 15 days of the notification to cease practice. If the

21 Respondent requests a hearing on the accusation and/or petition to revoke probation, the Board

22 shall provide the Respondent with a hearing within 30 days of the request, unless the Respondent

23 stipulates to a later hearing. A decision shall be received from the Administrative Law Judge or

24 the Board within 15 days unless good cause can be shown for the delay. The cessation of practice

25 shall not apply to the reduction of the probationary time period.

26 If the Board does not file an accusation or petition to revoke probation within 15 days of the

27 issuance of the notification to cease practice or does not provide Respondent with a hearing

28 within 30 days of such a request, the notification of cease practice shall be dissolved.

4


2. ALCOHOL - ABSTAIN FROM USE. Respondent shall abstain completely from

2 the use of products or beverages containing alcohol.

3 If Respondent has a confirmed positive biological fluid test for alcohol, Respondent shall

4 receive a notification from the Board or its designee to immediately cease the practice of

5 medicine. The Respondent shall not resume the practice of medicine until final decision on an

6 accusation and/or a petition to revoke probation. An accusation and/or petition to revoke

7 probation shall be filed by the Board within 15 days of the notification to cease practice. If the

8 Respondent requests a hearing on the accusation and/or petition to revoke probation, the Board

9 shall provide the Respondent with a hearing within 30 days of the request, unless the Respondent

10 stipulates to a later hearing. A decision shall be received from the Administrative Law Judge or

11 the Board within 15 days unless good cause can be shown for the delay. The cessation of practice

12 shall not apply to the reduction of the probationary time period.

13 If the Board does not file an accusation or petition to revoke probation within 15 days of the

14 issuance of the notification to cease practice or does not provide Respondent with a hearing

15 within 30 days of a such a request, the notification of cease practice shall be dissolved.

16 3. PROFESSIONALISM PROGRAM (ETHICS COURSE). Within 60 calendar

17 days ofthe effective date of this Decision, Respondent shall enroll in a professionalism program,

18 that meets the requirements ofTitle 16, California Code of Regulations (CCR) section 1358.

19 Respondent shall participate in and successfully complete that program. Respondent shall

20 provide any information and documents that the program may deem pertinent. Respondent shall

21 successfully complete the classroom component of the program not later than six ( 6) months after

22 Respondent's initial enrollment, and the longitudinal component of the program not later than the

23 time specified by the program, but no later than one ( 1) year after attending the classroom

24 component. The professionalism program shall be at Respondent's expense and shall be in

25 addition to the Continuing Medical Education (CME) requirements for renewal of licensure.

26 A professionalism program taken after the acts that gave rise to the charges in the

27 Accusation, but prior to the effective date of the Decision may, in the sole discretion of the Board

28 or its designee, be accepted towards the fulfillment of this condition if the program would have

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been approved by the Board or its designee had the program been taken after the effective date of

2 this Decision.

3 Respondent shall submit a certification of successful completion to the Board or its

4 designee not later than 15 calendar days after successfully completing the program or not later

5 than 15 calendar days after the effective date of the Decision, whichever is later.

6 4. CLINICAL DIAGNOSTIC EVALUATIONS AND REPORTS. Within thirty

7 (30) calendar days of the effective date of this Decision, and on whatever periodic basis thereafter

8 as may be required by the Board or its designee, respondent shall undergo and complete a clinical

9 diagnostic evaluation, including any and all testing deemed necessary, by a Board-appointed

10 board certified physician and surgeon. The examiner shall consider any information provided by

11 the Board or its designee and any other information he or she deems relevant, and shall furnish a

12 written evaluation report to the Board or its designee.

13 The clinical diagnostic evaluation shall be conducted by a licensed physician and surgeon

14 who holds a valid, unrestricted license, has three (3) years' experience in providing evaluations of

15 physicians and surgeons with substance abuse disorders, and is approved by the Board or its

16 designee. The clinical diagnostic evaluation shall be conducted in accordance with acceptable

17 professional standards for conducting substance abuse clinical diagnostic evaluations. The

18 evaluator shall not have a current or former financial, personal, or business relationship with

19 respondent within the last five (5) years. The evaluator shall provide an objective, unbiased, and

20 independent evaluation. The clinical diagnostic evaluation report shall set forth, in the

21 evaluator's opinion, whether respondent has a substance abuse problem, whether respondent is a

22 threat to himself or others, and recommendations for substance abuse treatment, practice

23 restrictions, or other recommendations related to respondent's rehabilitation and ability to

24 practice safely. If the evaluator determines during the evaluation process that respondent is a

25 threat to himself or others, the evaluator shall notify the Board within twenty-four (24) hours of

26 such a determination.

27 In formulating his or her opinion as to whether respondent is safe to return to either part-

28 time or full-time practice and what restrictions or recommendations should be imposed, including

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participation in an inpatient or outpatient treatment program, the evaluator shall consider the

2 following factors: respondent's license type; respondent's history; respondent's documented

3 length of sobriety (i.e., length oftime that has elapsed since respondent's last substance use);

4 respondent's scope and pattern of substance abuse; respondent's treatment history, medical

5 history and current medical condition; the nature, duration and severity of respondent's substance

6 abuse problem or problems; and whether respondent is a threat to himself or the public.

7 For all clinical diagnostic evaluations, a final written report shall be provided to the Board

8 no later than ten (10) days from the date the evaluator is assigned the matter. Ifthe evaluator

9 requests additional information or time to complete the evaluation and report, an extension may

10 be granted, but shall not exceed thirty (30) days from the date the evaluator was originally

II assigned the matter.

12 The Board shall review the clinical diagnostic evaluation report within five ( 5) business

13 days of receipt to determine whether respondent is safe to return to either part-time or full-time

14 practice, and what restrictions or recommendations shall be imposed on respondent based on the

15 recommendations made by the evaluator. Respondent shall not be returned to practice until he

16 has at least thirty (30) days of negative biological fluid tests or biological fluid tests indicating

17 that he has not used, consumed1 ingested, or administered to himself a prohibited substance, as

18 defined in section 1361.51, subdivision (e), of Title 16 of the California Code of Regulations (a

19 copy of which is attached as Exhibit B and incorporated herein by reference).

20 Clinical diagnostic evaluations conducted prior to the effective date of this Decision shall

21 not be accepted towards the fulfillment of this requirement. The cost of the clinical diagnostic

22 evaluation, including any and all testing deemed necessary by the examiner, the Board or its

23 designee, shall be borne by the licensee.

24 Respondent shall not engage in the practice of medicine until notified by the Board or its

25 designee that he is fit to practice medicine safely. The period of time that respondent is not

26 practicing medicine shall not be counted toward completion of the term of probation. Respondent

27 shall undergo biological fluid testing as required in this Decision at least two (2) times per week

28 while awaiting the notification from the Board if he is fit to practice medicine safely.

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Respondent shall comply with all restrictions or conditions recommended by the examiner

2 conducting the clinical diagnostic evaluation within fifteen ( 15) calendar days after being notified

3 by the Board or its designee.

4 5. NOTICE OF EMPLOYER OR SUPERVISOR INFORMATION. Within seven

5 (7) days of the effective date of this Decision, respondent shall provide to the Board the names,

6 physical addresses, mailing addresses, and telephone numbers of any and all employers and

7 supervisors. Respondent shall also provide specific, written consent for the Board, respondent's

8 worksite monitor, and respondent's employers and supervisors to communicate regarding

9 respondent's work status, performance, and monitoring.

10 For purposes of this section, "supervisors" shall include the Chief of Staff and Health or

11 Well Being Committee Chair, or equivalent, if applicable, when the respondent has medical staff

12 privileges.

13 6. BIOLOGICAL FLUID TESTING. Respondent shall immediately submit to

14 biological fluid testing, at respondent's expense, upon request of the Board or its designee.

15 "Biological fluid testing" may include, but is not limited to, urine, blood, breathalyzer, hair

16 follicle testing, or similar drug screening approved by the Board or its designee. Respondent shall

17 make daily contact with the Board or its designee to determine whether biological fluid testing is

18 required. Respondent shall be tested on the date of the notification as directed by the Board or its

19 designee. The Board may order a respondent to undergo a biological fluid test on any day, at any

20 time, including weekends and,holic.lays. Except when testing on a specific date as ordered by the

21 Board or its designee, the scheduling of biological fluid testing shall be done on a random basis.

22 The cost of biological fluid testing shall be borne by the respondent.

23 During the first year of probation, respondent shall be subject to 52 to 104 random tests.

24 During the second year of probation and for the duration of the probationary term, up to five (5)

25 years, respondent shall be subject to 36 to 104 random tests per year. Only if there has been no

26 positive biological fluid tests in the previous five (5) consecutive years of probation, may testing

27 be reduced to one (I) time per month. Nothing precludes the Board from increasing the number

28 of random tests to the first-year level of frequency for any reason.

8

STIPULATED SETTLEMENT (11-20 12-221855)

1 Prior to practicing mediqine, respondent shall contract with a laboratory or service,

2 approved in advance by the Board or its designee, that will conduct random, unannounced,

3 observed, biological fluid testing and meets all the following standards:

4 (a) Its specimen collectors are either certified by the Drug and Alcohol Testing Industry

5 Association or have completed the training required to serve as a collector for the United

6 States Department of Transportation.

7 (b) Its specimen collectors conform to the current United States Department of

8 Transportation Specimen Collection Guidelines

9 (c) Its testing locations comply with the Urine Specimen Collection Guidelines published

10 by the United States Department of Transportation without regard to the type of test

11 administered.

12 (d) Its specimen collectors observe ~he collection of testing specimens.

13 (e) Its laboratories are certified and accredited by the United States Department of Health

14 and Human Services.

15 (f) Its testing locations shall submit a specimen to a laboratory within one ( 1) business day

16 of receipt and all specimens collected shall be handled pursuant to chain of custody

17 procedures. The laboratory shall process and analyze the specimens and provide legally

18 defensible test results to the Board within seven (7) business days of receipt of the

19 specimen. The Board will be notified of non-negative results within one (1) business day

20 and will be notified of negative test results within seven (7) business days.

21 (g) Its testing locations possess all the materials, equipment, and technical expertise

22 necessary in order to test respondent on any day of the week.

23 (h) Its testing locations are able to scientifically test for urine, blood, and hair specimens

24 for the detection of alcohol and illegal and controlled substances.

25 (i) It maintains testing sites located throughout California.

26 U) It maintains an automated 24-hour toll-free telephone system and/or a secure on-line

27 computer database that allows the respondent to check in daily for testing.

28 (k) It maintains a secure, HIP AA-compliant website or computer system that allows staff

9

STIPULATED SETTLEMENT (I 1-2012-221855)

1 access to drug test results and compliance reporting information that is available 24 hours a

2 day.

3 (1) It employs or contracts with toxicologists that are licensed physicians and have

4 knowledge of substance abuse disorders and the appropriate medical training to interpret

5 and evaluate laboratory biological fluid test results, medical histories, and any other

6 information relevant to biomedical information.

7 (m) It will not consider a toxicology screen to be negative if a positive result is obtained

8 while practicing, even if the respondent holds a valid prescription for the substance.

9 Prior to changing testing locations for any reason, including during vacation or other travel,

10 alternative testing locations must be approved by the Board and meet the requirements above.

11 The contract shall require that the laboratory directly notify the Board or its designee of

12 non-negative results within one ( 1) business day and negative test results within seven (7)

13 business days of the results becoming available. Respondent shall maintain this laboratory or

14 service contract during the period of probation.

15 A certified copy of ~ny laboratory test result may be received in evidence in any

16 proceedings between the Board and respondent.

17 If a biological fluid test result indicates respondent has used, consumed, ingested, or

18 administered to himself a prohibited substance, the Board shall order respondent to cease practice

19 and instruct respondent to leave any place of work where respondent is practicing medicine or

20 providing medical services. The Board shall immediately notify all of respondent's employers,

21 supervisors and work monitors, if any, that respondent may not practice medicine or provide

22 medical services while the cease-practice order is in etiect.

23 A biological fluid test will not be considered negative if a positive result is obtained while

24 practicing, even if the practitioner holds a valid prescription for the substance. If no prohibited

25 substance use exists, the Board shall lift the cease-practice order within one (1) business day.

26 After the issuance of a. cease-practice order, the Board shall determine whether the positive

27 biological fluid test is in fact evidence of prohibited substance use by consulting with the

28 specimen collector and the laboratory, communicating with the licensee, his or her treating

1,0


1 physician(s), other health care provider, or group facilitator, as applicable.

2 For purposes of this condition, the terms "biological fluid testing" and "testing" mean the

3 acquisition and chemical analysis of a respondent's urine, blood, breath, or hair.

4 For purposes of this condition, the term "prohibited substance" means an illegal drug, a

5 lawful drug not prescribed or ordered by an appropriately licensed health care provider for use by

6 respondent and approved by the Board, alcohol, or any other substance the respondent has been

7 instructed by the Board not to use, consume, ingest, or administer to himself.

8 If the Board confirms that a positive biological fluid test is evidence of use of a prohibited

9 substance, respondent has committed a major violation, as defined in 16 CCR § 1361.52(a) (a

10 copy of which is attached as Exhibit B and incorporated herein by reference), and the Board shall

11 impose any or all of the consequences set forth in 16 CCR § 1361.52(b ), in addition to any other

12 terms or conditions the Board determines are necessary for public protection or to enhance

13 respondent's rehabilitation.

14 7. SUBSTANCE ABUSE SUPPORT GROUP MEETINGS. Within thirty (30) days

15 of the effective date of this Decision, respondent shall submit to the Board or its designee, for its

16 prior approval, the name of a substance abuse support group which he shall attend for the duration

1 7 of probation. Respondent shall attend substance abuse support group meetings at least once per

18 week, or as ordered by the Board or its designee. Respondent shall pay all substance abuse

19 support group meeting costs.

20 The facilitator of the substance abuse support group meeting shall have a minimum of three

21 (3) years experience in the treatment and rehabilitation of substance abuse, and shall be licensed

22 or certified by the state or nationally certified organizations. The facilitator shall not have a

23 current or former financial, personal, or business relationship with respondent within the last five

24 (5) years. Respondent's previous participation in a substance abuse group support meeting led by

25 the same facilitator does not constitute a prohibited current or former financial, personal, or

26 business relationship.

27 The facilitator shall provide a signed document to the Board or its designee showing

28 respondent's name, the group name, the date and location of the meeting, respondent's

11


attendance, and respondent's level. of participation and progress. The facilitator shall report any

2 unexcused absence by respondent from any substance abuse support group meeting to the Board,

3 or its designee, within twenty-four (24) hours of the unexcused absence.

4 8. WORKSITE MONITOR FOR SUBSTANCE-ABUSING LICENSEE. Within

5 thirty (30) calendar days of the effective date of this Decision, respondent shall submit to the

6 Board or its designee for prior approval as a worksite monitor, the name and qualifications of one

7 or more licensed physician and surgeon, other licensed health care professional if no physician

8 and surgeon is available, or, as approved by the Board or its designee, a person in a position of

9 authority who is capable of monitoring the respondent at work.

10 The worksite monitor shall not have a current or former financial, personal, or familial

11 relationship with respondent, or any other relationship that could reasonably be expected to

12 compromise the ability ofthe monitor to render impartial and unbiased reports to the Board or its

13 designee.

14 If it is impractical for anyone but respondent's employer to serve as the worksite monitor,

15 this requirement may be waived by the Board or its designee, however, under no circumstances

16 shall respondent's worksite monitor be an employee or supervisee of the licensee.

17 The worksite monitor shall have an active unrestricted license with no disciplinary action

18 within the last five (5) years, and shall sign an affirmation that he or she has reviewed the terms

19 and conditions of respondent's disciplinary order and agrees to monitor respondent as set forth by

20 the Board or its designee.

21 Respondent shall pay all worksite monitoring costs.

22 The worksite monitor shall have face-to-face contact with respondent in the work

23 environment on as frequent a b!lsis as determined by the Board or its designee, but not less than

24 once per week; interview other staff in the office regarding respondent's behavior, if requested by

25 the Board or its designee; and review respondent's work attendance.

26 The worksite monitor shall verbally report any suspected substance abuse to the Board and

27 respondent's employer or supervisor within one (1) business day of occurrence. If the suspected

28 substance abuse does not occur during the Board's normal business hours, the verbal report shall

12

STIPULATED SETTLEMENT(II-2012-221855)

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be made to the Board or its designee within one ( 1) hour of the next business day. A written

report that includes the date, time, and location of the suspected abuse; respondent's actions; and

any other information deemed important by the worksite monitor shall be submitted to the Board

or its designee within 48 hours of the occurrence.

The worksite monitor shall complete and submit a written report monthly or as directed by

the Board or its designee which shall include the following: (1) respondent's name and

Physician's and Surgeon's Certificate number; (2) the worksite monitor's name and signature; (3)

the worksite monitor's license number, if applicable; (4) the location or location(s) ofthe

worksite; (5) the dates respondent had face-to-face contact with the worksite monitor; (6) the

names of worksite staff interviewed, if applicable; (7) a report of respondent's work attendance;

(8) any change in respondent's behavior and/or personal habits; and (9) any indicators that can

lead to suspected substance abuse by respondent. Respondent shall complete any required

consent forms and execute agreements with the approved worksite monitor and the Board, or its

designee, authorizing the Board, or its designee, and worksite monitor to exchange information.

If the worksite monitor resigns or is no longer available, respondent shall, within five

calendar days of such resignation or unavailability, submit to the Board or its designee, for prior

approval, the name and qualifications of a replacement monitor who will be assuming that

responsibility within fifteen (15} calendar days.

If respondent fails to obtain approval of a replacement monitor within sixty ( 60) calendar

days ofthe resignation or unavailability of the monitor, respondent shall receive a notification

from the Board or its designee to cease the practice of medicine within three (3) calendar days

after being so notified. Respondent shall cease the practice of medicine until a replacement

monitor is approved and assumes monitoring responsibility.

9. VIOLATION OF PROBATION CONDITION FOR SUBSTANCE ABUSING

LICENSEES. Failure to fully comply with any term or condition of probation is a violation of

probation.

If respondent commits a major violation of probation as defined by section 1361.52,

subdivision (a), of Title 16 of the California Code of Regulations (a copy of which is attached as

13 -------------------·---


Exhibit B and incorporated herein by reference), the Board shall take one or more of the

2 following actions:

3 ( 1) Issue an immediate cease-practice order and order respondent to undergo a clinical

4 diagnostic evaluation to be conducted in accordance with section 1361.5, subdivision ( c )(1 ),

5 of Title 16 of the California Code of Regulations (a copy of which is attached as Exhibit B

6 and incorporated herein by reference), at respondent's expense. The cease-practice order

7 issued by the Board or its designee shall state that respondent must test negative for at least

8 a month of continuous biological fluid testing before being allowed to resume practice. For

9 purposes of the determining the length of time a respondent must test negative while

10 undergoing continuous biological fluid testing following issuance of a cease-practice order,

11 a month is defined as thirty calendar (30) days. Respondent may not resume the practice of

12 medicine until notified in writing by the Board or its designee that he or she may do so.

13 (2) Increase the frequency of biological fluid testing.

14 (3) Refer respondent for further disciplinary action, such as suspension, revocation, or

15 other action as determined by the Board or its designee.

16 If respondent commits a minor violation of probation as defined by section 1361.52,

17 subdivision (c), of Title 16 of the California Code of Regulations, the Board shall take one

18 or more of the following actions:

19 (1) Issue a cease-practice order;

20 (2) Order practice limitations;

21 (3) Order or increase supervision of respondent;

22 ( 4) Order increased documentation;

23 (5) Issue a citation and fine, or a warning letter;

24 (6) Order respondent to undergo a clinical diagnostic evaluation to be conducted in

25 accordance with section 1361.5, subdivision (c)(l), ofTitle 16 ofthe California Code of

26 Regulations (a copy of which is attached as Exhibit B and incorporated herein by

27 reference), at respondent's expense;

28 (7) Take any other action as determined by the Board or its designee.

14

STIPULATED SETTLEMENT ( 11-2012-221855)

Nothing in this Decision shall be considered a limitation on the Board's authority to revoke

2 respondent's probation if he or she has violated any term or condition of probation. If respondent

3 violates probation in any respect, the Board, after giving respondent notice and the opportunity to

4 be heard, may revoke probation and carry out the disciplinary order that was stayed. If an

5 Accusation, or Petition to Revoke Probation, or an Interim Suspension Order is filed against

6 respondent during probation, the Board shall have continuing jurisdiction until the matter is final,

7 and the period of probation shall be extended until the matter is final.

8 I 0. NOTIFICATION. Within seven (7) days of the effective date of this Decision,

9 the Respondent shall provide a true copy of this Decision and Accusation to the Chief of Staff or

I 0 the Chief Executive Officer at every hospital where privileges or membership are extended to

II Respondent, at any other facility where Respondent engages in the practice of medicine,

I2 including all physician and locum tenens registries or other similar agencies, and to the Chief

I3 Executive Officer at every insurance carrier which extends malpractice insurance coverage to

I4 Respondent. Respondent shall submit proof of compliance to the Board or its designee within I5

I5 calendar days.

I6 This condition shall apply to any change(s) in hospitals, other facilities or insurance carrier.

17 11. SUPERVISION OF PHYSICIAN ASSISTANTS. During probation, Respondent

I8 is prohibited from supervising physician assistants.

I9 I2. OBEY ALL LAWS. Respondent shall obey all federal, state and local laws, all

20 rules governing the practice of medicine in California and remain in full compliance with any

2I court ordered criminal probation, payments, and other orders.

22 13. QUARTERLY DECLARATIONS. Respondent shall submit quarterly

23 declarations under penalty of perjury on forms provided by the Board, stating whether there has

24 been compliance with all the c.onditions of probation.

25 Respondent shall submit quarterly declarations not later than 10 calendar days after the end

26 of the preceding quarter.

27 I4. GENERAL PROBATION REQUIREMENTS.

28 Compliance with Probation Unit

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STIPULATED SETTLEMENT (I 1-20 12-221855)

Respondent shall comply with the Board's probation unit and all terms and conditions of

2 this Decision.

3 Address Changes

4 Respondent shall, at all times, keep the Board informed of Respondent's business and

5 residence addresses, email address (if available), and telephone number. Changes of such

6 addresses shall be immediately communicated in writing to the Board or its designee. Under no

7 circumstances shall a post office box serve as an address of record, except as allowed by Business

8 and Professions Code section 2021 (b).

9 Place of Practice

10 Respondent shall not engage in the practice of medicine in Respondent's or patient's place

11 of residence, unless the patient resides in a skilled nursing facility or other similar licensed

12 facility or if the patient has been certified for hospice services.

13 License Renewal

14 Respondent shall maintain a current and renewed California physician's and surgeon's

15 license.

16 Travel or Residence Outside California

17 Respondent shall immediately inform the Board or its designee, in writing, of travel to any

18 areas outside the jurisdiction of California which lasts, or is contemplated to last, more than thirty

19 (30) calendar days.

20 In the event Respondent should leave the State of California to reside or to practice

21 Respondent shall notify the Board or its designee in writing 30 calendar days prior to the dates of

22 departure and return.

23 15. INTERVIEW WITH THE BOARD OR ITS DESIGNEE. Respondent shall be

24 available in person upon request for interviews either at Respondent's place of business or at the

25 probation unit office, with or without prior notice throughout the term of probation.

26 16. NON-PRACTICE WHILE ON PROBATION. Respondent shall notify the Board

27 or its designee in writing within 15 calendar days of any periods of non-practice lasting more than

28 30 calendar days and within 15 calendar days of Respondent's return to practice. Non-practice is

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defined as any period of time Respondent is not practicing medicine in California as defined in

2 Business and Professions Code sections 2051 and 2052 for at least 40 hours in a calendar month

3 in direct patient care, clinical activity or teaching, or other activity as approved by the Board. All

4 time spent in an intensive training program which has been approved by the Board or its designee

5 shall not be considered non-practice. Practicing medicine in another state of the United States or

6 Federal jurisdiction while on probation with the medical licensing authority of that state or

7 jurisdiction shall not be considered non-practice. A Board-ordered suspension of practice shall

8 not be considered as a period of non-practice.

9 In the event Respondent's period of non-practice while on probation exceeds 18 calendar

10 months, Respondent shall successfully complete a clinical training program that meets the criteria

11 of Condition 18 of the current version of the Board's "Manual of Model Disciplinary Orders and

12 Disciplinary Guidelines" prior to resuming the practice of medicine.

13 Respondent's period of non-practice while on probation shall not exceed two (2) years.

14 Periods of non-practice will not apply to the reduction of the probationary term.

15 Periods of non-practice will relieve Respondent of the responsibility to comply with the

16 probationary terms and conditions with the exception of this condition and the following terms

17 and conditions of probation: Obey All Laws; and General Probation Requirements.

18 17. COMPLETION OF PROBATION. Respondent shall comply with all financial

19 obligations (e.g., restitution, probation costs) not later than 120 calendar days prior to the

20 completion of probation. Upqn successful completion of probation, Respondent's certificate shall

21 be fully restored.

22 18. VIOLATION OF PROBATION. Failure to fully comply with any term or

23 condition of probation is a violation of probation. If Respondent violates probation in any

24 respect, the Board, after giving Respondent notice and the opportunity to be heard, may revoke

25 probation and carry out the disciplinary order that was stayed. If an Accusation, or Petition to

26 Revoke Probation, or an Interim Suspension Order is filed against Respondent during probation,

27 the Board shall have continuing jurisdiction until the matter is final, and the period of probation

28 shall be extended until the matter is final..

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3233179212 04:42:11 p.m. 02-26-2016 212

19. LICENSE SURRENDER. Following the effective date ofthis Decision, if

2 Respondent ceases practicing due to retirement or health reasons or is otherwise unable to satisfy

3 the terms and conditions of probation, Respondent may request to surrender his or her license.

4 The Board reserves the right to evaluate Respondent's request and to exercise its discretion in

5 determining whether or not to grant the request, or to take any other action deemed appropriate

6 and reasonable under the circwnstances. Upon formal acceptance of the surrender, Respondent

7 shall within 15 calendar days deliver Respondent's wallet and wall certificate to the Board or its

8 designee and Respondent shall no longer practice medicine. Respondent will no longer be subject

9 to the terms and conditions of probation. If Respondent re¥applies for a medical license, the

1 o application shall be treated as a petition for reinstatement of a revoked certificate.

11 20. PROBATION MONITORING COSTS. Respondent shall pay the costs

12 associated with probation monitoring each and every year of probation, as designated by the

13 Board, which may be adjusted on an annual basis. Such costs shall be payable to the Medical

14 Board of California and delivered to the Board or its designee no later than January 31 of each

15 calendar year.

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ACCEPTANCE

I have carefully read the above Stipulated Settlement and Disciplinary Order and have fully

discussed it with my attorney, Raymond J. McMahon. I understand the stipulation and the effect

it will have on my Physician's and Surgeon's Certificate. I enter into this Stipulated Settlement

and Disciplinary Order voluntarily, knowingly, and intelligently, and agree to be bound by the

D::::oodOr:~f::~~&Mdoflt~~~ ;1.~. DANIEL MALDONADO, M.D. Respondent

I have read and fully discussed with Respondent Daniel Maldonado, M.D. the terms and

conditions and other matters contained in the above Stipulated Settlement and Disciplinary Order.

I approve its form and content.

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STIPULATED SETTLEMENT (11-20!2-22 !855)

DATED: + ~vu..c.wj J<1/:J_a/h -;;Rcr~-fl-~.....lf~'-;--J. -;-:ivi;-;;~-;-a-:-ho_n_~ __ , ------

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Attorney for Respondent

4 ENDORSEMENT

5 The foregoing Stipulated Settlement and Disciplinary Order is hereby respectfully

6 submitted for consideration by the Medical Board of California.

7 Dated: ~ f·IL 8

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Maldonado.docx

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Respectfully submitted,

KAMALA D. HARRIS Attorney General of California E. A. JONES III Supervising Deputy Attorney General

CINDY M. LOPEZ Deputy Attorney General Auorneys for Complainant

STIPULATED SETTLEMENT ( 11-20 !2-221855)

Exhibit A

Accusation No. 11-2012-221855

FILED

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KAMALA D. HARRIS Attorney General of California ROBERT MCKIM BELL

STATE OF CALIFORNIA MEDICAL BOARD OF CALI~9RNIA

~~~~Ji~-Mi

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Supervising Deputy Attorney General CINDY M. LOPEZ Deputy Attorney General State BarNo. 119988

California Department of Justice 300 So. Spring Street, Suite 1702 Los Angeles, CA 90013 Telephone: (213) 897-7373 Facsimile: (213) 897-9395

Attorneys for Complainant

BEFORE THE MEDICAL BOARD OF CALIFORNIA

DEPARTMENT OI~' CONSUMER AFFAIRS STATE OF CALIFORNIA


DANIEL CARRILLO MALDONADO, M.D. 1701 E. Cesar Chavez A venue, Suite 402 Los Angeles, California 90033

Case No. 11-2012-221855

ACCUSATION

15 Physician's and Surgeon's Certificate No. A74326,

16 Respondent.

17

18 Complainant alleges:

20 1. Kimberly Kirchmeyer (Complainant) brings this Accusation solely in her official

21 capacity as the Executive Director ofthe Medical Board of California.

22 2. On or about April 19, 2001, the Medical Board of California issued Physician's and

23 Surgeon's Certificate Number A 74326 to Daniel Carrillo Maldonado, M.D. (Respondent). The

24 Certificate was in full force and effect at all times relevant to the charges brought herein and will

25 expire on December 31,2016, tmless renewed.

26 JURJSDICTION

27 3. This Accusation is brought before the Medical Board of California (Board), under the

28 authority of the following laws. All section references are to the Business and Professions Code

Accusation

1 unless otherwise indicated.

2 4. Section 2227 of the Code provides that a licensee who is found guilty under the

3 Medical Practice Act may have his or her license revoked, suspended for a period not to exceed

4 one year, placed on probation and required to pay the costs of probation monitoring, or such other

5 action taken in relation to discipline as the Board deems proper.

6 5. Section 2236 ofthe Code states:

7 "(a) The conviction of any offense substantially related to the qualifications, functions, or

8 duties of a physician and surgeon constitutes 1.mprofessional conduct within the meaning of this

9 chapter [Chapter 5, the Medical Practice Act]. The record of conviction shall be conclusive

10 evidence only of the fact that the conviction occurred.

11 "(b) The district attorney, city attorney, or other prosecuting agency shall notify the

12 Division of Medical Quality[ 1] of the pendency of an action against a licensee charging a felony

13 or misdemeanor immediately upon obtaining information that the defendant is a licensee. The

14 notice shall identify the licensee and describe the crimes charged and the facts alleged. The

15 prosecuting agency shall also notify the clerk of the court in which the action is pending that the

16 defendant is a licensee, and the clerk shall record prominently in the file that the defendant holds

17 a license as a physician and surgeon.

18 "(c) The clerk of the court in which a licensee is convicted of a crime shall, within 48 hours

19 after the conviction, transmit a certified copy of the record of conviction to the board. The

20 division may inquire into the circumstances surrounding the commission of a crime in order to fix

21 the degree of discipline or to determine if the conviction is of an offense substantially related to

22 the qualifications, functions, or duties of a physician and surgeon.

23 "(d) A plea or verdict of guilty or a conviction after a plea of nolo contendere is deemed to

24 be a conviction within the meaning of this section and Section 2236.1. The record of conviction

25 shall be conclusive evidence of the fact that the conviction occurred."

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1 Business and Professions Code section 2002, as amended and etiective January 1, 2008, provides that,

unless otherwise expressly provided, the term "board" means the Medical Board of California, and references to the Division of Medical Quality shall be deemed to refer to the Board.

2

Accusation

6. Section 2239 ofthe Code states:

2 "(a) The use or prescribing for or administering to himself or herself, of any controlled

3 substance; or the use of any of the dangerous drugs specified in Section 4022, or of alcoholic

4 beverages, to the extent, or in such a maimer as to be dangerous or injurious to the licensee, or to

5 any other person or to the public, or to the extent that such use impairs the ability of the licensee

6 to practice medicine safely or more than one misdemeanor or any felony involving the use,

7 consumption, or self-administnition of any of the substances referred to in this section, or any

8 combination thereof, constitutes tmprofessional conduct. The record of the conviction is

9 conclusive evidence of such unprofessional conduct.

10 ''(b) A plea or verdict of guilty or a conviction following a plea of nolo contendere is

11 deemed to be a conviction within the meaning of this section. The Division of Medical Quality

12 may order discipline of the licensee in accordance with Section 2227 or the Division of Licensing

13 may order the denial of the license when the time for appeal has elapsed or the judgment of

14 conviction has been affirmed on appeal or when an order granting probation is made suspending

15 imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4

16 of the Penal Code allowing such person to withdraw his or her plea of guilty and to enter a plea of

17 not guilty, or setting aside the verdict of guilty, or dismissing the accusation, complaint,

18 information, or indictment."

19 FIRST CAUSE FOR DISCIPLINE

20 (Conviction of a Crime)

21 7. Respondent is subject to disciplinary action under section 2236 in that he was

22 convicted of driving under the influence of alcohol. The circumstances are as follows:

23 A. Respondent was arrested on February 24, 2012, for driving under the influence.

24 At about 1 :30 in the morning officers with the South Pasadena Police Department saw

25 Respondent driving on a busy street with a speed limit of 3 5; he was going in excess of 60

26 miles per hour. They noticed he was weaving from side to side so they pulled him over.

27 When the officer approached Respondent, he observed that Respondent's eyes were glassy

28 and he had slurred speech. At first, Respondent denied having any alcohol, but then he

3

Accusation

1 admitted he drank two drinks. The officer had Respondent get out of his car and go onto

2 the sidewalk so he could perform field coordination tests.

3 B. Once on the sidewalk, Respondent admitted he was drunk. He told the officer

4 he had two vodka drinks, and was taking Effexor for claustrophobia. Respondent lost his

5 balance and was unable to do the tests. He rolled his eyes and said, "I'm drunk. Do what

6 you have to do." Respondent was arrested and taken to a nearby hospital to obtain a blood

7 sample. The result for his blood specimen was .19% blood alcohol.

8 C. Respondent was charged with driving under the influence of alcohol and

9 driving with a blood alcohol of .08% or higher, both violations of the Vehicle Code.

10 D. On June 13,2012, he pled nolo contendere to a violation ofVehicle Code

11 section 231 52, su bdivision(b ). He was placed on three years summary probation, with a

12 variety of conditions including attending a 3-month first-offender alcohol education and

13 counseling program.

14 SECOND CAUSE FOR DISCIPLINE

(Conviction of a Crime) 15

16 8. Respondent is subject to disciplinary action under section 2236 ofthe Code in that

17 Respondent was convicted of driving under the influence of alcohol. The circumstances are as

18 follows:

19 A. Respondent was arrested on August 10,2013, for driving under the influence.

20 At approximately I :45 in the morning, CHP oftlcers noticed Respondent going across the

21 broken white line and straddling it. He kept weaving back and forth so the officers stopped

22 him. When the officer walked up to Respondent's car and began talking to him, he noticed

23 Respondent's breath smelled like alcohol, and his eyes were bloodshot and watery.

24 Respondent said he had had about 4~5 Bud Light beers. Respondent failed the balance and

25 coordination tests. Respondent refused to perform the rest of the tests. The preliminary

26 alcohol screening showed a range of .17 to .19% blood alcohol.

27 B. Respondent was charged with driving under the influence of alcohol and

28 driving with a blood alcohol of .08% or higher, both violations of the Vehicle Code.

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Accusation

C. On February 6, 2014, Respondent pled no/ o contendere to driving tmder the

2 influence and admitted he had a prior DUI conviction. He was placed on summary

3 probation, ordered to serve 20 days in county jail, and had to enroll in a 21-day alcohol

4 program.

5 THIRD CAUSE FOR DISCIPLINE

6 (Two Misdemeanors for the Use of Alcohol)

7 9. Respondent is subject to disciplinary action under section 2239 of the Code in that he

8 has two misdemeanor convictions for driving under the influence of alcohol. The circumstances

9 are as follows:

10 A. The facts and circumstances alleged above in paragraphs 7 and 8 are

11 incorporated herein as if fully set forth.

12 PRAYER

13 WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged,

14 and that following the hearing, the Medical Board of California issue a decision:

15 I. Revoking or suspending Physician's and Surgeon's Certificate Number A74326,

16 issued to Daniel Carrillo Maldonado, M.D.;

17 2. Revoking, suspending or denying. approval of Respondent's authority to supervise

18 physician assistants, pursuant to section 3527 of the Code;

19 3. If placed on probation, ordering Respondent to pay the Medical Board of California,

20 the costs of probation monitoring; and,

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4. Taking such other and further action as deemed necessary and proper.

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DATED: February 19, 2015

LA2014615228 28 61468467.docx

Executive Dir ctor Medical Board of California Department of Consumer AtTairs State of California Complainant

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Accusation

1/·-afii daniel... · 2017. 8. 13. · 1 3. on or about april 19, 2001, the medical board of...

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