by k. l!ltpl!(j nader 2018-10-31.pdf · 24 2. on january 19, 2007, the board issued...

XAVIER BECERRA Attorney General of California

2 ROBERT MCKIM BELL · Supervising Deputy Attorney General

3 VLADIMIR SHALKEVICH Deputy Attorney General

4 State Bar No. 173955 California Department of Justice

5 300 So. Spring Street, Suite 1702 Los Angeles, CA 90013

6 Telephone: (213) 269-6538 Facsimile: (213) 897-9395

7 Attorneys for CQmplainant

8

FILED STATE OF CALIFORNIA

MEDICAL BOARD Of CALIFORNIA SACRAMENTOa:;khef 3/ 20 18 BY K. l!lTPl!(J ANALYST

.. BEFORE THE 9

10

11

12

13

14

MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS

STATE OF CALIFORNIA

In the Matter of the Petition to Revoke Probation Against,

NADER GOLIAN, M.D.

Case No. 800-2018-044986

15 PETITION TO REVOKE PROBATION Post Office Box 25671

16 Portland, Oregon 97298-0671

17 Physician's and Surgeon's Certificate .A 98642,

18 Respondent.

19

20 Cc?mplain_ant alleges:

21 PARTIES

22 I. Kimberly Kirchmeyer (Complainant) brings this Petition to Revoke Probation solely

23 in her official capacity as the Executive Director of the Medical Board of California (Board).

24 2. On January 19, 2007, the Board issued Physician's and Surgeon's Certificate Number

25 A 98642 to Nader Golian, M.D. (Respondent). That license was in effect at all times relevant to

26 the charges bro ugh~ herein ahd will expire on December 31, 2018, unless renewed.

27 3. In a disciplinary action entitled In the Matter of Accusation Against Nader Golian,

28 MD., Case No. 05-2013-232783, the Board issued a decision, effective November 4, ~015, in

1

PETITION TO REVOKE PROBATION

which Respondent's Physician's and Surgeon's Certificate was revoked. However, the revocation

2 was stayed and Respondent's license was placed on probation for a period of seven (7) years with

3 certain terms and conditions. A copy of that decision is attached as Exhibit A and is incorporated

4 by reference.

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

JURISDICTION

4. This Petition to Revoke Probation is brought before the Board under the authority of

the following laws. All section references are to the Business and Professions Code unless

otherwise indicated.

5. Section 2227 of the Code states:

"(a) A licensee whose matter has been heard by an administrative law judge of the Medical

Quality Hearing Panel as designated in Section 113 71 of the Government Code, or whose default

has been entered, and who is found guilty, or who has entered into a stipulation for disciplinary

action with the board, may, in accordance with the provisions of this chapter:

"(l) Have his or her license revoked upon order of the board.

"(2) Have his or her right to practice suspended for a period not to exceed one year upon

order of the board.

"(3) Be placed on probation and be required to pay the costs of probation monitoring upon

order of the board.

"(4) Be publicly reprimanded by the board. The public reprimand may include a

requirement that the licensee complete relevant educational courses approved by the board.

"(5) Have any C?ther action taken in relation to discipline as part of an order of probation, as

the board or an administrative law judge may deem proper.

"(b) Any matter heard pursuant to subdivision (a), except for warning letters, medical

review or advisory conferences, professional competency examinations, continuing education

activities, and cost reimbursement associated therewith that are agreed to with the board and

successfully completed by the licensee, or other matters made confidential or privileged by

existing law, is deemed public, and shall be made available to the public by the board pursuant to

Section 803.l."

2


6. Section 2021, subdivision (b) of the Code states:

2 . "Each licensee shall report to the board each and every change of address within 30 days

3 after each change, giving both the old and new address. If an address reported to the board at the

4 time of application for licensure or subsequently is a post office box, the applicant shall also

5 provide the board with a street address. If another address is the licensee's address ofrecord, he

6 or she may request that the second address not be disclosed to the public."

7 7. Condition 10 of Respondent's probation states:

8 "OUARTERL Y DECLARATIONS. Respondent shall submit quarterly declarations under

9 penalty of perjury on forms provided by the Board, stating whether there has been compliance

10 with all the conditions of probation.

11 "Respondent shall submit quarterly declarations not later than 10 calendar days after the

12 end of the preceding quarter."


14 "Compliance with Probation Unit

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

16 this Decision.

17 "Address Changes

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

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

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

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

22 and Professions Code section 2021(b).

23 "Place of Practice

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

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

26 facility.

27 "License Renewal

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

3


license.

2 "Travel or Residence Outside California

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

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

5 (30) calendar days.

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

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

8 deJ?arture and return."


10 ''Non-Practice is defined as any period of time Respondent is not practicing medicine in

11 California as defined in Business and Professions Code sections 2051 and 2052 for at least 40

12 hours in a calendar month in direct patient care, clinical activity or teaching, or other activity as

13 approved by the Board. All time spent in an intensive training program which has been approved

14 by the Board or its designee shall not be considered non-practice. Practicing medicine in another

15 state of the United States or Federal jurisdiction while on probation with the medical licensing

16 authority of that state or jurisdiction shall not be considered non-practice. A Board-ordered

17 suspension of practice shall not be considered as a period of non-practice.

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

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

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

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

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

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

24 probationary terms and conditions with the exceptions of this condition and the following terms

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

26 II

27 II

28 II

4


FIRST CAUSE TO REVOKE PROBATION

2 (Failure to Comply with General Probation Requirements)

3 10. Respondent's probation is subject to revocation because he failed to comply with

4 Probation Condition 11. The facts and circumstances regarding this violation are as follows:

5 11. On or about November 4, 2015, when the Board's decision in Case No. 05-2013-

6 232783 became effective, Respondent's address of record with the Board was in Portland,

7 Oregon. After the decision became effective, Respondent did not comply with any of the

8 conditions of his probation for a period of approximately 16 months. Respondent did not

9 communicate with the Board or advise the Board of any changes in his residence address, or place

10 of practice, for a period of approximately 16 months after the effective date of the Board's

11 decision. Respondent did not submit any quarterly declarations as r~quired by Condition 10, for

12 a period of approximately 16 months after the effective date of the Board's decision.

13 12. The Board's designee, a ProbatiOn Inspector employed qy the Board, attempted to . 14 contact Respondent by letter on October 13, 2015, and again on July 18_, 2016, and still again, on

15 March 10, 2017. The purpose of these letters was to remind Respondent of his obligations under

16 the provisions of probation. On March 20, 2017, the Probation Inspector received an Email from

17 Respondent that.stated:

18 "Hello my name is nader golian I recently received a letter from you via my brother

19 You wanted me to contact you regarding the case number 05-2013-232783 I have

20 been outside the US since 2014. Not employed in the US therefore no probation will

21 be effective until I find and start a job in the US This according to the MBC

22 judgement Please advise ifthere is anything I need to do Regards Nader Golian.

23 [sic]"

24 13. The Board's Probation Inspector responded by Email, providing a change of address

25 form and a semi-annual declaration for to Respondent to fill out and return, and requesting

26 Respondent to provide his practice and residence history since the effective ·date of the Board's

27 decision. Respondent replied by Email, on March 23, 2017, stating that he shares his address in

28 Portland, Oregon, with his brother, and that he had to leave the United States in 2014 to take care

5


of his ailing parents in another country. Respondent explained that he is still outside of the

2 United States and will be back as soon as he finds work in the U.S. Respondent explained in his

3 email that he has not been able to get a job in the United States because the Board reported his

4 discipline to the National Practitioner's Data Bank.

5 14. On April 3, 2017, the Board received a Notice of Change of Address form,

. 6 purportedly signed by Respondent on March 27, 2017, indicating that his current address was still

7 in Portlanq, Oregon.

8 15. On August 4, 2017, the Board's Probation Inspector wrote and emailed Respondent,

9 reminding him to submit a quarterly declaration for the second quarter (April through June~ 2017)

1 O as required by Condition 10 of the Board's decision. On or about August 28, 2017, the Board

11 received a quarterly declaration from Respondent, as an Email attachment, on which, he indicated

12 that his current residence address was in Portland, Oregon, and also that he was engaged in full

13 time practice of medicine in another country.

14 16. Respondent's residence address could not have been in Portland, Oregon, as he

15 indicated in Email communications to the Board's Probation Inspectors that has been outside of

16 the United States since 2014.

17 17. In the email forwarding his August 28, 2017 quarterly declaration, Respondent stated,

18 in part, that he lives and works in another country, and that he consulted with an attorney who

19 believes "I only am required to follow the probational requirement, as soon as I start a job in

20 · California. In other words, I should be enrolled in the probation~! requirements only if and when

21 I use the California license, which to me make quite a bit of sense. [sic]"

22 18. On December 18, 2018, the Board's Probation Inspector once again contacted

23 Respondent, reminding him to submit a quarterly declaration and reminding him that his non-

24 practice period could not exceed two years. Respondent's Email response on December 30, 2017

25 stated in part "MBC has.caused me not to practice for the 24 months so it is not my violation."

26 19. Respondent's failure to immediately communicate in writing to the Board or its

27 designee changes in his business and residence addresses was a violation of probation

28 Condition 11.

6


SECOND CAUSE TO REVOKE PROBATION

2 (Period of Non-Practice While on Probation Exceeding 2 Years )

3 20. Respondent's probation is further subject to revocation because he failed to comply

4 with Probation Condition 13. The facts and circumstances regardiµg this violation are as follows:

5 21. The allegations of paragraphs 10 through 18 are incorporated herein by reference.

6 22. Respondent's period of non-practice, as defined in Condition 13, has been continuous

7 from 2oi4 through the date of this Petition to Revoke Probation. Because Condition 13 provides

8 that "Respondent's period of non-practice while on probation shall not exceed two (2) years,

9 Respondent has violated Condition 13.

10 PRAYER

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

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

13 1. Revoking the probation that was granted by the Medical Board of California in Case

14 No. 05-2013-232783 and imposing the disciplinary order that was stayed thereby revoking

15 Physician's and Surgeon's Certificate No. A 98642 issued to Nader Golian, M.D.;

16

17

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

18 DATED:

19

20

21

22

23

24

25

26

27

28

October 31, 2018

LA2018501957 53054541.docx

Executive Dir ctor Medical Board of California Department of Consumer Affairs State of California· ·

Complainant

7


Exhibit A

Decision and Order

Medical Board of California Case No. 05-2013-232783

BEFORE THE MEDICAL BOARD OF CALIFORNIA

DEPARTMENT OF CONSUMER AFFAIRS ST A TE OF CALIFORNIA

In the Matter of the Accusation Against: )

NADER GOLIAN, M.D.

Physician's and Surgeon's Certificate No. A 98642

Resp.ondent ·

) ) ) ) ) ) ) )

Case No. 05-2013-232783

DECISION AND ORDER

The attached Stipulated Settlement and Disciplinary Order is hereby adopted as the Decision and 9rder of the Medical Board of California, Department of Consumer Affairs, State of California.

This Decision shall become effective at 5:00 p.m; on November 4, 2015.

IT IS SO ORDERED: October 5, 2015.

MEDICAL BOARD OF CALIFORNIA

Jamie Panel A

1

2

KAi\1ALA D. HARRIS Attorney General of California E. A. JONES III

·.Supervising Deputy Attorney General 3 .VLADIMIR SHALKEVICH

Deputy Attorney General State Bar No. 173955 4

5

6

7

California Department of Justice 300 So. Spring Street, Suite 1702 Los Angeles, CA 90013 Teleph.one: (213) 897-2148 Facstmile: (213) 897-9395

Attorneys for Complainant

8

9

10

BEFORE THE

11

12

13

14

15

16


STATE OF CALIFORNIA

11-~~~~~~~~~~~~~~~

In tbe Matter of the Accusation Against:

NADER GOLIAN, M.D. 3201 Sawtelle Blvd., Apt #116 Los Angeles, CA 90006 Physician's.and Surgeon's Certificate No. A 98642

Respondent.

Case No. 05-2013-232783

OAH No. 2015020091 STIPULATED SETTLEMENT AND DISCIPLINARY ORDF.,R

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

18 entitled proceedings that the following matters are true:

19 PARTIES

20 1. Kimberly Kit'chmeyer ("Complainant") is the Executive Director of the Medical

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

22 this matter by KamalaD. Harris, Attorney General of the State of California, by Vladimir

23 Shalkevich, Deeuty Attorney General.

24 2. Respondent NADER GOLIAN, M.D. ('1Respo11dent11) is represented in this

25 p1'oceeding by attorney Adam Weiner, whose address is: 5176 Hillsdale Circfo, Suite.100,

26 El Dorado Hills, CA 95762.

27 3. On 01· about January 19, 2007, the Medical Board of California issued Physician's and

28 Surgeon's Certificate No. A 98642 to Respondent. The Physician's and Surgeon's Certificate was

i11 full force and effect at all times relevant to the charges brought in Accusation No. 05-2013-1

2 232783 and will expire on December 31, 2016, unless renewed.

3 JURISDICTION

4 4. Accusation No. 05-2013-232783 was filed before the Medical Board of California

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

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

7 December 19, 2014. Respondent timely filed his Notice of Defense contesting the Acc:usation.

8 5. A copy of Accusation No. 05-2013-232783 is attached as exhibit A and incorporated

9 herein by reference.

10 ADVISEMENT AND WAIVERS

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

12 charges and allegations in Accusation Ko. 05-2013-232783; Respondent has also carefully read,

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

14 Disciplinary Order.

15 7. Respondentis fully aware of his legal rights in this matter, including the right to a

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

17 his o\vn expense; the right to confront and cross-examine the witnesses against hlro; the right to

18 pre3ent evidence and to testify on his own behalf; the right to the issuance of subpoenas to compel

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

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

21 Administrative Procedure Act and other applicable laws.

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

23 every right set forth above.

24 CULP ABILITY

25 9, Respondent admits the truth of each and every charge and allegation in Accusation

26 No. 05-2013-232783.

27 ///

28

2

STIPULATED SETTLEMENT (05-2013-232783)

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

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

3 Disciplinary Order below.

4 CONTINGENCY

5 - ·11. This stipulation shall be S"llbject to approval by the Medical Board of California.

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

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

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

9 stipulation, Respondent ·understands and agrees that he may not wi.thdraw his agreement or seek

1 O to rescbd the stipulation prior to the time the Board considers and acts upon it. Ifthe Board fails

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

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

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

14 considered this matter.

15 .12. The parties understand and agree that Portable DoclUnent Fonnat (PDF) and facsimile

16 copies of this Stipulated Settlement and Disciplinary Order, including Portable Document Format

.17 (PDF) and facsimile signatures thereto, shall have the· same force and effect as the originals.

18 13. In consideration of the foregoing admissions and stipulations, the parties agree that

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

20 · Disciplinary Order:

21 DISCIPLINARY ORDER

22 lT IS HEREBY ORDERED that Physician's and Surgeon's Ce1tificate No. A 98642 issued

23 to NADER GOLIAN, M.D. (Respondent) is revoked. However, the rev9cation is stayed and

24 Respondent is placed on probation for seven (7) years on the following terms and conditions.

25 1. CONTROLLED SUBSTANCES - ABST AlN FROM USE. Respondent shall abstain

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

. 27 California Uniform Controlled Substances Act, dangerotJs drugs as defined by Business an4

28 Professions Code section 4022, and any drugs requiring a prescription. This prohibition do~s not

3

STll'ULATED SE'lTLEMENT (05-2013-232783)

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

2 illness or condition.

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

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

5 number; medication name, strength, and quantity; and issuing pharmacy name~ address, and

6 telephone number.

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

8 not legally prescribed) and has not reported the use to the Board or its designee, Respond~nt

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

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

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

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

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

14 shall provide the Respondent with a hearing within 3 0 days of the request, ullless th~ Respondent

15 stipulates to a later hearing. A decisio11 shall be received from the Administrative Law Judge or

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

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

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

19 issuance of the notification to cease practice or does not pl'Ovide Respondent with a hearing

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

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

22 use of products or beverages containing alcohol.

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

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

25 medicine. The Respondent shall not resume the practice of medicine until fmal decision on an I 26 accusation and/or a petition to revoke probation. An accusation and/or petition to revoke I

i

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

28 Respondent requests a hearrng on the accusation and/or petition to revoke probation, the Board

4

STIPULATED S"ETI'LEMENT (05-2013-232783)

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

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

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

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

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

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

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

8 3. BIOLOGICAL FLUID TESTING. Respondent shall immediately submit to

9 biological fluid testing, at_Respopdent1s expense, upon request of the Board or its designee.

10 "Biological fluid testing" may include, but is not limited to, uri?e, blood, breathalyzer, hair

11 fcllicle testing, or sunilar drug screening approved by the Board or its designee. Prior to

12 practicing medicine, Respondent shall contract with a laboratory or service approved in advance

13 by the Board or it.c; designee that will conduct random, unannounced, observ~d, biological fluid

14 testing. The contract shall require results of the tests to be transmitted by the laboratory or

15 serviCe directly to the Board or its designee within four hours of the results becoming available.

16 Respondent shall maintain this laboratory or service contract during the period of probation.

17 A certified copy of any laboratory test result may be received in evidence in any

18 proceedjngs between the Board and Respondent.

19 If Respondent fails to cooperate in a random biological fluid testing program within the

20 · specified time frame, Respondent shall receive a notification from the Board or its designee to

21 immediately cease the practice of medicine. The Respondent shall not resume the practice of

22 medicine until final decision on an accusation and/or a petition to revoke prob~tion. An

23 accusation and/or petition to revoke probation shall be filed by the Board within 15 days of the

24 notification to cease practice. If the Respondent requests a hearing on the accusation and/or

25 petition to revoke probation: the Board shall provide the Respondent with a hearing within 30

26 days of the request, unless the Respondent stipulates to a later hearing. A decision shall be

27 received from the Administrative,LawJudge or the Board within 15 days unless good cause can

28 be shown for the delay. The cessation of practice shall not apply to the reduction of the

5

STIPULATED SETILEMENT (05-2013-2327&3)

" I

l j

i I !

:j

I

j

1 probationary thne period,.

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

3 issuance of the notificatio~ to cease practice or' cfoes iiot provide-Respondent With a hearing

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

5 4, PROFESSIONALISM PROGRAM <ETIDCS COURSE). Within 60 calendar days of

6 the effective date of this Decision, Respondent shall enroll in a professionalism program, 0at

7 meets the requirements of Title 16, California Code of Regulations (CCR) section 1358.

8 Respondent shall participate iri and successfully complete that program. Respondent shaJl

9 provide any infonnation and documents that the program may deem pertinent Respondent shall

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

11 Respondent's initial enrollment, and the longitudinal component of the program not later th\fil the

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

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

14 acdition to the Continuing Medical Education (CME) requirements for renewal oflicensure.

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

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

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

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

19 this Decision.

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

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

22 than 15 calendar days after th~ effective date of the Decision, whichever is later.

23

24

25

26

27

28

5, PSYCI-ITATRIC EV ALUATIOX Within 30 calendar days of the effective date of

this D.ecision, and on whatever periodic basis thereafter may be requfred by the Board or its

dcsignee, Respondent shall undergo and complete a psychiatric evaluation (and psychological

testing, if deemed necessary) by a Board-appointed board certified psychiatrist, who shall

consider any information provided by the Board or designee and any other lnformation the

psychiatrist deems relevant, and shall furnish a written evaluation report to the Board or its

6

STlPULA1TID SETIWMENT (05-2013-232783)

' :· ! 1 l

l

I j

1 designee. Psychiatric evaluations conducted prior to the effective date of the Decision shall not

2 be accepted towards the :fulfillment of this requirement. Respondent shall pay the cost of all

3 psychiatric evaluations and psychological testing.

4 Respondent shall comply with a11 restrictions or conditions recommended by the evaluating

5 psychiatrist within 15 calendar days after being notified by the Board or its designee,

6 6. SOLO PRACTICE PROHIBITION. Respondentis prohibited from engaging in the

7 solo practice of medicine, Prohibited solo practice lncludes, but is not limited to, a practice

8 where: 1) Respondent merely shares office space with another physician but is not affiliated for

9 purposes of providing patient care, or 2) Respondent is the sole physician practitioner at that

1 O location.

11 If Respondent fails to establish a practice with another physician or secure employment in

12 an appropriate practice setting within 60 calendar days of the effective date of this Decision,

13 Respondent shall receive a notification from the Board or its designee to cease the practice of

14 medicine within. three (3) calendar days after being so notified. The Respondent shall not resume

15 practice until an appropriate practice setting is established,

16 If, during the course of the probation, the Respondent's practice setting changes and fue

1 7 Respondent is no longer practicing in a setting in compliance with this Decision, the Respondent

18 shall notify the Board or its designee within 5 calendar days of the practice setting change. If

19 Respondent fails to establish a practice with another physician or secure employment in an

20 appropriate.practice setting within 60 calendar days of the practice setting change~ Respondent

21 shall receive a notification from the Board or its designee to cease the practice of medicine within

22 three (3) calendar days after being so notified. The Respondent shall not resume practice until an

23 appropriate practice setting is established.

24 7. NOTIFICATION. Within seven (7) days of the effective date of this Decision, the

25 Respondent shall provide a true copy of this Decision and Accusation to the Chlef of Staff or the

26 Chlef Executive Officer at every hospital where privileges or membership are extended to

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

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

7

STIPULATED SE'lTLEMENT (05-2013-232783)

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

2 Respondent. Respondent shall submit proof of compliance to. the Board or its designee within 15

3 caiendar days.

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

5 8, SUPERVISION OF PHYSICIAN ASSISTANTS. During probation, Respondent is

6 p1·ohibited from supervising physician assistants.

7 9. OBEY ALL LAWS. Respondent shall obey all federal, state and local laws, all rules

8 governing the practice of medicine in California and remain in full compliance with any .court·

9 ordered criminal probation, payments, and other orders.

10 10. OUARTERL Y DECLARATIONS. Respondent shall submitqu.arterly declarations

11 under penalty of perjury on forms provided by the Board, stating·whether there has been

12 compliance with all the conditions of probation.

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

14 of the preceding quarter.

15 11. GENERAL PROBATION REQUIREMENTS.

16 Compliance with Probation Unit

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

18 this Decision.

19 Address Changes

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

21 residence addresses, email address (if available), and tele.phone number. Changes of such

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

23 circumstances shall a post office box serve a.s an address of record, exc~pt as allowed by Business ·

24 and Erofessions Code section 202l(b).

is Place of Practice

26 Respondent shall not engage in tl1e practice of medicine in Respondent's or patient's place

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

28 facility.

8

STIPULATED SETILEMENT (05-2013-232783)

1

2

3

A

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

License Renewal

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

license.

Travel or Residence Outside California

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

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

(30) calendar days.

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

Respondent shall notify the Bo~d or its designee in writing 30 calendar days prior to the dates of

departure and return.

12. INTERVIEW WITH TltE BOARD OR ITS DESIGNEE. Respondent shall be

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

probation unit office, with or without prior notice throughout th~ term of probation.

13. NO:-J-PRACTICE WHILE ON PROBATION. Respondent shall notify the Board or .

its designee in writing within 1.5 calendar days of any periods of non-practice lasting more than

30 calendar days and within 15 ca1endar days of Respondent's return to practice. Non-practice is

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

Business and Professions Code sections 20 51 anli 2052 for at least 40 hours in a calendar month

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

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

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

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

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

not be considered as a period of non-practice.

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

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

of Condition 18 of the current version of the B'oard's "Manual of Model Disciplinary Orders and

Disciplinary .Guidelines" prior to resuming the prac~ice qf medicine.

9

STIPULATED SET1LEMENT (05-2013-232783)

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

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

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

Periods of non-practice will relieve Respondent of the responsibility to comply 'With the

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

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

14. COMPLETION OF PROBATION. Respondent shall comply with all financial

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

completion of probation. Upon successful completion of probation, Respondent's certificate shall

be fully restored ..

15. VIOLATION OF PROBATION. Failure to fully comply with any term or condition

of probatioi1 is a violation of probation. If Respondent violates probation in any respect, the

Board, after giving Respondent notice and the opporttutlty to be heard, may revoke probation and

carry out the disciplinary order that was stayed. If an Accusation, or Petition to Revoke Probation, . ·

or an Interim Suspension Order is filed against Respondent during probation, the Board shall have

continuing jurisdiction until the matter is final, and the period of probation shall be extended until

the matter is final.

16. LICENSE SURRENDER. Following the effective date of this Decision, if

Respondent ceases practicing due to retirement or health reasons or is otherwise unable to ~atisfy

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

The Board reserves the right to evaluate Respo11dent' s request and to exercise its discretion in

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

and reasonable under the circumstan~es. Upon formal acceptance of the surrender, Respondent

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

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

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

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

17. PROBATION MONITORING COSTS. Respondent shall pay the costs associated

with probation monitoring each and every year of probation, as designated by the Board, which

10

STIPULATED SETILE:rv.iENT (05-2013-232783) I I - I

1 may be adjusted on an annual basis. Such costs shall be payable to the Medical Board of

2 California and delivered to the Board or.its designee no later thanJanuary 31 of each calendar

3 year.

4

5 ACCEPTANCE

6 I have carefully read the above Stipulated Settlement and DisCiplinary Order and have fully

7 discussed it with my attorney~ Adam Weiner.· I understand the stipulation and the effect it will

8 have on my PhysiCian's and Surgeon's Certificate. I enter into this Stipulated Settlement and

9 Disciplinary Order vol1mtarily, knowingly, and intelligently, and agree to be bound by the

10 Decision and Order of the Medical Board of California.

DATED: B /10(1 r NADER GOLIAN, M.D. Respondent

11

12

13

14

15

I have read and fully discussed with Respondent NADER GOLIAN, M.D. the terms and

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

16 hpprove its form and content,

17 DATED: ,,v/;'1 /r£ Mam We~~"'-

18 Attomey for Respondent

19

20 ///

21 Ill

22 Ill

23 ///

24 Ill

25 Ill

26 Ill

27 Ill

28

11 STIPULATED SETILE.\VlliNT (05-2013-23278~)

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

ENDORSE~1ENT

The foregoing Stipulated Settlement and Disciplinary Order is ~ercby respectfully

submitted for consideration by the Medical Board of Callfornia. Dated:.·'? /,.

1 Respectfully subreitted,

., I i \_.( / , i

·' / i :' / I . \

L.\2014614995 61625445.uoc

12

KAMALA D. HARRJS Attorney General of California E. A JoNr:s,m . SupervisingDeputy Attorney General

;' // l \;//;f I i/i c..Y /: I _.,..'/·, '· v //~ ' T.t,-0 -..... ,, .... • •••••j ..... ~~ ........ - .... --...

VLADIMJR SJL\L!<EV!CH Deputy Attorney General Attorneys/or Complainant

STIPULA1TIIl SE'lTLEMJ~NT (05-2013·232783):j

..

Exhibit A

Accusation No. 05-201.3-232783

KAMALA D. HARRIS Attorney General of California

FILED STATE OF CALIFORNIA

MEDICAL BOARD OF CALIFORNIA SACRAMENTO/)ee@ber/'12011 BY f(. Vt?ir1!) . ANALYST

2 E. A. JONES lll · Supervising Deputy Attorney General ·

3 VLADIMIR SHALKEVJCH Deputy Attorney General

4 State Bar No. 173955 California Department of Justice

5 300 So. Spring Street, Suite 1702 Los Angeles, CA 9001. 3

6 Telephone: (213) 897-2148 Facsimile: (213) 897-9395

7 Atlorneys.(or Complainant

BEFORE THE 8

9

10

11

12

13


STATE OF CALIFORNIA

In the Matter of the Accusation Against: Case No. 05-2013-232783

NADER GOLIA!\", M.D. PO Box 25671 . PORTLAND, OR 97298-0671 A C CU S AT I 0 N Physician's and Surgeon's Certificate No. A 98642,

Respondent.

Complainant alleges:

PARTIES

14

15

16

17

18

19

20

21

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

22

23

24

25

26

27

28

capacity us the Executive Director of the Medical Board of-Califor~ia, Department of Consumer

Affairs.

, 2. On or about January 19, 2007, the Medical Board of California issued Physician's

and Surgeon's Certificate N.umber A 98642 to NADER GOLIAN, \1.D. (Respondent). The

Physician's an.d Surgeon's C.ertificate wa~ in full force and effect at all times relevant to the

charges brought herein and will ·e.xpire on December 31, 2016, unless renewed.

Ill

Ill

Ill

Accusation

.JURISDICTION

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

3 Department of Consumer Affairs, under the authority of the following laws. All section

4 references arc to the Business and Professions Code unless otherwise indicated.

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

5

6 Medical Practice Act may h~ve his or her license revoked, suspended for a period not to exceed

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

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

9 5. Section 2234 of the Code states:

1 O "The board shall take action against any licensee ~ho is charged with unprofessional conduct. In

11 addition to other provisions of this article, unprofessional conduct includes, but is not limited to,

12 the following:

13 "(a) Violating or attempting to violate, directly or indirectly, assisting in or abetting the

14 violation of,' or conspiring to violate any provision of this.chapter.

15 "(b) Gross negligence.

16 "( c) Repeated negligent acts. To be repeated, there must be two or more negligent acts or

17 omissions. An initial negligent act or omission followed by a separate and distinct departure from

18 the applicable standard of care shall constitute repeated negligent acts.

19 "(I) An initial negligent diagnosis followed by an act or omission medically appropriate

20 for that negligent diagnosis of the patient shall constitute a single negligent act.

21 "(2) When the standard of care requires a change in the diagnosis, act, or omission that

22 constitutes the negligent act described in paragraph (1), including, but not limited to, a

23 reevaluation of the diagnosis or a change in treatment, and the licensee's.conduct departs from the

24 appl icablc standard of care, each departure constitutes a separate and distinct breach of the

25 standard at• care.

26 "(d) Incompetence.

27 "(e) The commission of any act involving dishonesty or corruption which is substantially

28 related to the qualifications, functions, or duties of a physician and surgeon.

2

Accusation

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

- 26

27

28

"(f) Any action or conduct which would have warranted the denial of a certificate. I

"(g) The practice of medicine from this state into another state or country without meeting

the legal requirements of that state or country for the practice of medicine. Section 2314 shall not

apply to this subdivision. This subdivision shall become operative upon the implementation of

the proposed registration program described in Section 2052.5.

. "(h) The repeated failure by a certificate holder, in the absence of good.cause, to attend and

participate in an interview scheduled by the mutual agreement of the certificate holder and the

board. Th rs subdivision shall only apply to a certificate holder who is the subject of an

investigation by the board."

6. Section 2239 of the Code states:

''(a) The use or prescribing for or administering to himself or herselt: of any controlled

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

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

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

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

consumption, or self-administration of any of the su?stances referred to in this section, or any

combination thereat: constitutes unprofessiqnal conduct. The record of the conviction is

conclusive evidence of such unprnfessional conduct."

'"(b) A plea or verdict of guilty or a conviction following a plea of no lo contendere is ·

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

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

may order the denial of the license when the time for appeal has elapsed or the judgmen~ of

conviction has been affirmed on appeal or when an order granting probation is made suspending . . imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4

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

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

information, or indictment."

3

Accusation

2

3 7.

FIRST CAUSE FOR DISCIPLINE

(Dangerous Use of Alcohol and/or Dangerous Drug)

Respondent is subject to disciplinary action under section 2239 in that Respondent

4 used or administered to himself dangerous drugs specified in Section 4022, or alcoholic

5 beverages, to the extent, or in such a manner as to be dangerous or injurious to himself, or to any

6 other person or to the public. The circumstances are as follows:

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

8. On or about May 25, 2013, at approximately 7:30 p.m. Respondent was driving his

vehicle northbound on the Interstate 5, north of County Road 48, north of Willows, California.

Respondent was observed by a California Highway Patrol (CHP) Officer straddling the solid

white line of the #2 lane and cast shoulder of northbound Interstate 5, at approximately 35 miles

per hour. The speed limit at the location is 70 miles per hour. The CHP Officer slowed his

vehicle to 35 miles per hour, placed his patrol vehicle approximately 40 feet be.hind Respondent's

veh:cle, and paced Respondent's vehicle for approximately .4 miles. He observed Respondent's

vehicle weaving heavily from side to side while it remained straddling the solid white line. The

Respondent's vehicle then jerked to the left and its left tires made contact with the broken white

line separating the #I and #2 lanes. The CHP officer signaled for the Respondent to stop his

vehicle. Rcsponden~ drifted to the right and straddled the solid white line again for several

seconds before merging onto the shoulder and coming to a very slow slop south of County Road

39. The CHP officer contacted Respondent and noticed that Respondent's speech was slow and

slurred. When Respondent exited the vehicle the CHP Officer noticed that Respondent was

swaying heavily from side to side. The CHP Officer noticed that Respondent's clothes were dirty

and disheveled and the ziplr on his pants. was down. Respondent explained his driving by

stating that he was reading a text message on his phone and thought it would be safer for him to

pull to the right of the roadway and drive at a slower speed to allow traffic to pass him. When the

CHP Officer asked whether Respondent was taking any medication, Respondent initially stated

~e v.as not taking anything. But when asked again, he admitted that he took Ambien. 1

1 Ambien is a brand name for zolpidem tartrate, which is a hypnotic sleep medication which is a Schedule IV controlled substance pursuant to Health and Safety Code section 11057,

(continued ... )

4

Accusation

9. At the request of the CHP Officer, Respondent attempted to perform a_ series of field

2 sobriety tests. Respondent displayed objective signs of impairment by performing the tests

3 poorly. Respondent was arrested for driving while impaired by a drug. An inventory of the

4 com.~nts of Respondent's vehicle following his arrest discovered a plastic grocery bag on or near

5 the front passenger seat of Respondent's vehicle. The bag contained an unopened 12 oz bottle of

6 beer, an opened bottle ofNyquil, and a pill bottle containing eleven 6.25 m.g. pills of zolpidem

7 tartrate, bearing a label that this medication was pr~scribed to Respondent. Respondent filled a

8 prescription for sixty 6.25 m.g. pills ofzolpidem tartrates on or about April 16, 2013, and another

9 sixty 6.25 m.g. pills of zolpidem tartrate on or about May 14, 2013 .. Respondent's blood was

IO drawn shortly after his arrest. Analysis of Respondent's blood showed that it contained Zolpidem

11 and Doxylamine. Doxylamine is an active ingredient in Nyqurl.

12 · 10. On or.about May 6, 2014, in Glenn County Superior Court case number.

13 14SCR08 l 65, Respondent was. convicted. pursuant to his plea of no contest, to a violation of

14 Vehicle Code sections 23103 and 23103.5, substance abuse related reckless driving. Respondent

15 was fined approximately $991.00 and placed on probation for a period of 3 years.

16 SECOND CAUSE FOR DISCIPLINE

17 (Dishonesty)

18 11. Respondent is subject to disciplinary action under 2234, subdivision (e) in that

19 Respondent was dishonest about using medications and alcohol during an investigatory interview

20 with the Medical Board ofCalifomia. The circumstances are as follows:

21 12. On or about June 4, 2014, Respondent attended an intcndew at the Valencia District

22 Office of the Medical Board of California. The interview was audio recorded.

23 13. During the interview, Respondent was repeatedly asked whether he was currently

24 taking any medications. Each time, Respondent denied that he was taking any medications.

25 Respondent was aske.d specifically, "are you currently taking any medication?" Respondent

26

27

28

( ... continued) · · · subdivision (a) (32), and a dangerous drug within the meaning of Business and Professions Code section 4022.

5

Accusation

2

3

4

5

6

7

8

9

IO

11

12

13

14

1,5

16

17

18

19

20

21

" 22

23

24

25

26

27

28

answered: "i\o." Respondent was subsequently asked again, "Are you currently taking any type

of medication?'' Respondent again ans\vcrcd: "No." Respondent denied that he had taRen any

anti-anxiety or sleeping medications after his arrest. Respondent denied that he had to take any

medication since he found out that the Medical Board was interested in hi°s arrest and conviction. ·

14. Respondent was asked repeatedly about his alcohol consumption. Respondent denied

consuming alcohol within approximately a year prior to the interview. Respondent was asked:

''when was the last time you had ai1ything to drink, alcohol. Respondent stated: "I don't even

remember, maybe a year ago." Respondent was subsequently asked to describe his use of ' '

alcohol. Respondent stated: "I just drink occasionally, \yhich I sometimes go to a party or

something." He was then asked: "When was the last time?" Respondent au.swered:" About a

year ago.'' ..

15. On the date of his interview, June 4, 2014, Respondent submitted a urine sample in

. the presence of a peace officer. Respondent's urine contained 42561 ng/ml Ethyl Glucuronide,

85629 ng/ml Ethyl Sulflate, 208ng/~1l Oxazepam::! and 323 ng/ml Temazep~m. 3 These results

were consistent with Respondent's recent consumption of alcohol and benzodiazepine

medications Oxazepam and Tcmazepam, contrary to the statements he made at_ the interview .on

or about June 4, 2014.

PRAYER

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

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

I. Revoking or suspending Physician's and Surgeon's Certificate Number A 98642,

issued to NADER GOLIAN, M.D ..

2. Revoking, suspending or denying approval of NADER GOLIAN, M.D.'s authority to

supervise physician assistants, pursuant to section 352.7 of the Code;

. 2 Oxazepam is a benzodiazepine medication used to treat symptoms of alcohol

withdrawaL 3 Tcmazcpam is a be114odiazepine medication used to treat insomnia.

6

Accusation

·l 3. If placed on probation, ordering NADER GOLIAN, M.D. to pay the costs of 2 probation monitoring; and

3

4

5

6.

7

4. Taking such other and further action as deemed necessarY._,and proper.

, t l • /,, /; -~'1/1 /(. I I / DATED: ~D_e_c_e_m_b_e_r_l_9_,,__2_0_1_4~~ . ·- . v vll{ ... ~ \, I ~ '-1.· k1v

KIMBERLY RCHMEYER/ Executive Dir tor Medical Board of California Department of Consumer Affairs State of California · Complainant

Accusation

by k. l!ltpl!(j nader 2018-10-31.pdf · 24 2. on january 19, 2007, the board issued...

Documents