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BEFORE THE MEDICAL BOARD OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA
In the Matter of the Petition to Revoke Probation Against:
CRISELDA C. ABADSANTOS, M.D.
Physician's and Surgeon's Certificate No. A 105195
Respondent.
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Case No. D1-2010-205633
DECISION AND ORDER
The attached Stipulated Settlement and Disciplinary Order is hereby adopted by the Medical Board of California, Department of Consumer Affairs, State of California, as its Decision in this matter.
This Decision shall become effective at 5:00p.m. on April1, 2015.
IT IS SO ORDERED March 2, 2015.
MEDICAL BOARD OF CALIFORNIA
Ry: ~~ Jamie Wright, J.D., Chair Panel A
KAMALA D. HARRIS Attorney General of California
2 ROBERT McKIM BELL Supervising Deputy Attorney General
3 COLLEEN M. MCGURRIN Deputy Attorney General
4 State Bar Number 147250 300 South Spring Street, Suite 1702
5 Los Angeles, California 900 13 Telephone: (213) 620-2511
6 Facsimile: (213) 897-9395 Attorneysfor Complainant
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BEFORE THE
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MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS
STATE OF CALIFORNIA
In the Matter of the Petition to Revoke Probation Against:
CRISELDA C. ABADSANTOS, M.D. 433 N. Camden Dr., Suite 400 Beverly Hills, CA 90210
Physician's and Surgeon's Certificate Number A 105195
Respondent.
Case No. D1-2010-205633
OAH No. 2014070727
STIPULATED SETTLEMENT AND DISCIPLINARY ORDER
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 Kirchmeyer ("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 Kamala D. Harris, Attorney General of the State of California, by Colleen M.
23 McGurrin, Deputy Attorney General.
24 2. Criselda C. AbadSantos, M.D. ("Respondent") is represented in this proceeding by
25 attorney Benjamin J. Fenton, Esq., whose address is: 1990 South Bundy Drive Suite 777
26 Los Angeles, California 90025.
27 3. On or about August 18, 2008, the Medical Board of California issued Physician's and
28 Surgeon's Certificate Number A 105195 to Respondent. Said Certificate Number A 105195 was
STIPULATED SETTLEMENT (D 1-20 I 0-205633)
revoked subject to a Decision and Order by way of a Stipulated Settlement in Medical Board
2 Case Number 05-2010-205633, which was effective at 5:00p.m. on March 30, 2012. Said
3 revocation, however, was stayed and Respondent was placed on three (3) years probation, was
4 ordered to enroll in and successfully complete the PACE program, and was prohibited from
5 prescribing to and treating family members, along with other terms and conditions, at all times
6 relevant to the charges brought in the Petition to Revoke Probation No. Dl-2010-205633. Said
7 Physician's and Surgeon's Certificate and will expire on December 31, 2015, unless renewed.
8 JURISDICTION
9 4. Petition to Revoke Probation No. Dl-2010-205633 was filed before the Medical
10 Board of California (Board) , Department of Consumer Affairs, and is currently pending against
11 Respondent. The Petition to Revoke Probation and all other statutorily required documents were
12 properly served on Respondent on April 10, 2014. Respondent timely filed her Notice of Defense
13 contesting the Petition to Revoke Probation.
14 5. A copy of Petition to Revoke Probation No. Dl-2010-205633 is attached as Exhibit A
15 and incorporated herein by reference.
16 ADVISEMENT AND WAIVERS
17 6. Respondent has carefully read, fully discussed with counsel, and understands the
18 charges and allegations in Petition to Revoke Probation No. D1-2010-205633. Respondent has
19 also carefully read, fully discussed with counsel, and understands the effects of this Stipulated
20 Settlement and Disciplinary Order.
21 7. Respondent is fully aware of her legal rights in this matter, including the right to a
22 hearing on the charges and allegations in the Petition to Revoke Probation; the right to be
23 represented by counsel at her own expense; the right to confront and cross-examine the witnesses
24 against her; the right to present evidence and to testify on her own behalf; the right to the issuance
25 of subpoenas to compel the attendance of witnesses and the production of documents; the right to
26 reconsideration and court review of an adverse decision; and all other rights accorded by the
27 California Administrative Procedure Act and other applicable laws.
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8. Respondent freely, voluntarily, knowingly, and intelligently waives and gives up each
2 and every right set forth above.
3 CULPABILITY
4 9. Respondent admits the truth of each and every charge and allegation in Petition to
5 Revoke Probation No. D1-2010-205633.
6 10. Respondent agrees that her Physician's and Surgeon's Certificate is subject to
7 discipline and she agrees to be bound by the Board's probationary terms as set forth in the
8 Disciplinary Order below.
9 CONTINGENCY
10 11. This stipulation shall be subject to approval by the Medical Board of California.
11 Respondent understands and agrees that counsel for Complainant and the staff of the Medical
12 Board of California may communicate directly with the Board regarding this stipulation and
13 settlement, without notice to or participation by Respondent or her counsel. By signing the
14 stipulation, Respondent understands and agrees that she may not withdraw her agreement or seek
15 to rescind the stipulation prior to the time the Board considers and acts upon it. If the Board fails
16 to adopt this stipulation as its Decision and Order, the Stipulated Settlement and Disciplinary
1 7 Order shall be of no force or effect, except for this paragraph, it shall be inadmissible in any legal
18 action between the parties, and the Board shall not be disqualified from further action by having
19 considered this matter.
20 12. The parties understand and agree that Portable Document Format (PDF) and facsimile
21 copies of this Stipulated Settlement and Disciplinary Order, including Portable Document Format
22 (PDF) and facsimile signatures thereto, shall have the same force and effect as the originals.
23 13. In consideration of the foregoing admissions and stipulations, the parties agree that
24 the Board may, without further notice or formal proceeding, issue and enter the following
25 Disciplinary Order:
26 DISCIPLINARY ORDER
27 IT IS HEREBY ORDERED that Physician's and Surgeon's Certificate Number A 105195
28 issued to Respondent CRISELDA C. ABADSANTOS, M.D. is revoked. However, the
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STIPULATED SETTLEMENT (01-20 I 0-205633)
revocation is stayed and Respondent is placed on probation for an additional one (1) year, in
2 addition to the time remaining on the original probationary order in Medical Board Case Number
3 05-2010-205633, on the following terms and conditions.
4 1. CLINICAL TRAINING PROGRAM Within 60 calendar days of the effective date
5 of this Decision, respondent shall re-enroll in the Physician Assessment and Clinical Education
6 Program (PACE) offered at the University of California- San Diego School of Medicine
7 ("Program").
8 The Program shall consist of a Comprehensive Assessment program comprised of an
9 assessment of respondent's physical and mental health; basic clinical and communication skills
10 common to all clinicians; and medical knowledge, skill and judgment pertaining to respondent's
11 specialty or sub-specialty, and at minimum, a 40 hour program of clinical education in the area of
12 practice in which respondent was alleged to be deficient and which takes into account data
13 obtained from the assessment, Decision(s), Accusation(s), and any other information that the
14 Division or its designee deems relevant. Respondent shall pay all expenses associated with the
15 re-enrollment in the clinical training program.
16 Based on respondent's performance and test results in the assessment and clinical
17 education, the Program will advise the Division or its designee of its recommendation(s) for the
18 scope and length of any additional educational or clinical training, treatment for any medical
19 condition, treatment for any psychological condition, or anything else affecting respondent's
20 practice of medicine. Respondent shall comply with the Program recommendations prior to the
21 expiration of probation. If Respondent enrolls in and successfully passes or completes the
22 Program prior to the effective date of the Decision and Order, Respondent shall comply with any
23 and all of the Program recommendations which must be completed prior to the expiration of the
24 probationary term.
25 At the completion of any additional educational or clinical training, respondent shall submit
26 to and pass an examination. The Program's determination whether or not respondent passed the
27 examination or successfully completed the Program shall be binding.
28 Respondent shall complete the Program not later than 6 months after respondent's initial
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enrollment unless the Division or its designee agrees in writing to a later time for completion.
2 Failure to participate in and complete successfully all phases of the clinical training
3 program outlined above shall be a violation of probation.
4 2. PROHIBITED PRACTICE During the probationary term, respondent shall
5 continue to be prohibited from prescribing, furnishing, and/or providing samples of narcotics,
6 dangerous drugs, and/or controlled substances to any family member. Respondent shall further
7 be prohibited from treating, diagnosing, or counseling any family member during probation.
8 After the effective date of this Decision, the first time that a family member seeking the
9 prohibited services contacts respondent, respondent shall orally notify the family member that
10 respondent is prohibited from prescribing, furnishing, and/or providing samples of narcotics,
11 dangerous drugs, and/or controlled substances to any family member and is further prohibited
12 from treating, diagnosing, or counseling any family member during the probationary period.
13 Respondent shall maintain a log of all family members to whom the required oral notification was
14 made. The log shall contain the: 1) family member's name, address and phone number; 2)
15 family member's medical record number, if available; 3) the full name ofthe person making the
16 notification; 4) the date the notification was made; and 5) a description of the notification given.
17 Respondent shall keep this log in a separate file or ledger, in chronological order, shall make the
18 log available for immediate inspection and copying on the premises at all times during business
19 hours by the Division or its designee, and shall retain the log for the entire term of probation.
20 Failure to maintain a log as defined in the section, or to make the log available for immediate
21 inspection and copying on the premises during business hours is a violation of probation.
22 In addition to the required oral notification, after the effective date of this Decision, the first
23 time that a family member who seeks the prohibited services presents to respondent, respondent
24 shall provide a written notification to the family member stating that respondent is prohibited
25 from prescribing, furnishing, and/or providing samples of narcotics, dangerous drugs, and/or
26 controlled substances to any family member and is further prohibited from treating, diagnosing,
27 or counseling any family member during the probationary period. Respondent shall maintain a
28 copy of the written notification in the family member's file, shall make the notification available
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for immediate inspection and copying on the premises at all times during business hours by the
2 Division or its designee, and shall retain the notification for the entire term of probation. Failure
3 to maintain the written notification as defined in the section, or to make the notification available
4 for immediate inspection and copying on the premises during business hours is a violation of
5 probation.
6 3. CONTROLLED SUBSTANCES- MAINTAIN RECORDS AND ACCESS TO
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RECORDS AND INVENTORIES Respondent shall continue to maintain a record of all
controlled substances ordered, prescribed, dispensed, administered or possessed by respondent,
and any recommendation or approval which enables a patient or patient's primary caregiver to
possess or cultivate marijuana for the personal medical purposes of the patient within the meaning
of Health and Safety Code section 11362.5, during probation, showing all the following: 1) the
name and address of the patient; 2) the date; 3) the character and quantity of controlled substances
involved; and 4) the indications and diagnoses for which the controlled substance was furnished.
Respondent shall keep these records in a separate file or ledger, in chronological order. All
records and any inventories of controlled substances shall be available for immediate inspection
and copying on the premises by the Division or its designee at all times during business hours and
shall be retained for the entire term of probation.
Failure to maintain all records, to provide immediate access to the inventory, or to make all
records available for immediate inspection and copying on the premises, shall constitute a
violation of probation.
4. PSYCHOPHARMACOLOGY: A MASTER CLASS (EDUCATION COURSE).
Within 60 calendar days of the effective date ofthis Decision, respondent shall enroll in a course
entitled Psychopharmacology: A Master Class, offered by Harvard Medical School, or an
educational course equivalent to the course offered by Harvard Medical School in
psychopharmacology, at respondent's expense, approved in advance by the Division or its
designee. Failure to successfully complete the course during the first 12 months of probation is a
violation of probation.
A psychopharmacology master class or course taken after the acts that gave rise to the
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charges in the Petition to Revoke Probation, but prior to the effective date of the Decision may, in
the sole discretion of the Division or its designee, be accepted towards the fulfillment of this
condition if the course or class would have been approved by the Division or its designee had the
course been taken after the effective date of this Decision.
Respondent shall submit a certification of successful completion to the Division or its
designee not later than 15 calendar days after successfully completing the course, or not later than
15 calendar days after the effective date of the Decision, whichever is later.
5. EDUCATION COURSE- AMERICAN PSYCHIATRIC ASSOCIATION
REFRESHER COURSE(S). Within 60 calendar days of the effective date of this Decision,
respondent shall enroll in a refresher course(s) offered by the American Psychiatric Association
(APA), or educational refresher course(s) equivalent to the course(s) offered through the APA, at
respondent's expense, approved in advance by the Division or its designee. The educational
program(s) or course(s) taken shall be no less than 6 hours and shall be aimed at correcting any
areas of det!cient practice or knowledge and shall be Category I certified. The educational
program(s) or course(s) shall be in addition to the Continuing Medical Education (CME)
requirements for renewal of licensure. Failure to successfully complete the course during the first
12 months of the new probationary period shall be a violation of probation.
A refresher class or course( s) taken after the acts that gave rise to the charges in the Petition
to Revoke Probation, but prior to the effective date of the Decision may, in the sole discretion of
the Division or its designee, be accepted towards the fulfillment of this condition if the course or
class would have been approved by the Division or its designee had the course been taken after
the effective date of this Decision.
Respondent shall submit a certification of successful completion to the Division or its
designee not later than 15 calendar days after successfully completing the course, or not later than
15 calendar days after the effective date of the Decision, whichever is later.
6. NOTIFICATION. Within seven (7) days of the effective date of this Decision, the
Respondent shall provide a true copy of this Decision and Accusation to the Chief of Staff or the
Chief Executive Otiicer at every hospital where privileges or membership are extended to
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Respondent, at any other facility where Respondent engages in the practice of medicine,
2 including all physician and locum tenens registries or other similar agencies, and to the Chief
3 Executive Officer at every insurance carrier which extends malpractice insurance coverage to
4 Respondent. Respondent shall submit proof of compliance to the Board or its designee within 15
5 calendar days.
6 This condition shall apply to any change(s) in hospitals, other facilities or insurance carrier.
7 7. SUPERVISION OF PHYSICIAN ASSISTANTS. During probation, Respondent
8 is prohibited from supervising physician assistants.
9 8. OBEY ALL LAWS. Respondent shall obey all federal, state and local laws, all
10 rules governing the practice of medicine in California and remain in full compliance with any
11 court ordered criminal probation, payments, and other orders.
12 9. QUARTERLY DECLARATIONS. Respondent shall submit quarterly
13 declarations under penalty of perjury on forms provided by the Board, stating whether there has
14 been compliance with all the conditions of probation.
15 Respondent shall submit quarterly declarations not later than 10 calendar days after the end
16 of the preceding quarter.
17 10. GENERAL PROBATION REQUIREMENTS.
18 Compliance with Probation Unit
19 Respondent shall comply with the Board's probation unit and all terms and conditions of
20 this Decision.
21 Address Changes
22 Respondent shall, at all times, keep the Board informed of Respondent's business and
23 residence addresses, email address (if available), and telephone number. Changes of such
24 addresses shall be immediately communicated in writing to the Board or its designee. Under no
25 circumstances shall a post office box serve as an address of record, except as allowed by Business
26 and Professions Code section 2021 (b).
27 Place of Practice
28 Respondent shall not engage in the practice of medicine in Respondent's or patient's place
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of residence, unless the patient resides in a skilled nursing facility or other similar licensed
2 facility.
3 License Renewal
4 Respondent shall maintain a current and renewed California physician's and surgeon's
5 license.
6 Travel or Residence Outside California
7 Respondent shall immediately inform the Board or its designee, in writing, of travel to any
8 areas outside the jurisdiction of California which lasts, or is contemplated to last, more than thirty
9 (30) calendar days.
1 0 In the event Respondent should leave the State of California to reside or to practice
11 Respondent shall notify the Board or its designee in writing 30 calendar days prior to the dates of
12 departure and return.
13 11. INTERVIEW WITH THE BOARD OR ITS DESIGNEE. Respondent shall be
14 available in person upon request for interviews either at Respondent's place of business or at the
15 probation unit office, with or without prior notice throughout the term of probation.
16 12. NON-PRACTICE WHILE ON PROBATION. Respondent shall notify the Board
17 or its designee in writing within 15 calendar days of any periods of non-practice lasting more than
18 30 calendar days and within 15 calendar days of Respondent's return to practice. Non-practice is
19 defined as any period of time Respondent is not practicing medicine in California as defined in
20 Business and Professions Code sections 2051 and 2052 for at least 40 hours in a calendar month
21 in direct patient care, clinical activity or teaching, or other activity as approved by the Board. All
22 time spent in an intensive training program which has been approved by the Board or its designee
23 shall not be considered non-practice. Practicing medicine in another state of the United States or
24 Federal jurisdiction while on probation with the medical licensing authority of that state or
25 jurisdiction shall not be considered non-practice. A Board-ordered suspension of practice shall
26 not be considered as a period of non-practice.
27 In the event Respondent's period of non-practice while on probation exceeds 18 calendar
28 months, Respondent shall successfully complete a clinical training program that meets the criteria
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STIPULATED SETTLEMENT (DI-2010-205633)
of Condition 18 of the current version of the Board's "Manual of Model Disciplinary Orders and
2 Disciplinary Guidelines" prior to resuming the practice of medicine.
3 Respondent's period of non-practice while on probation shall not exceed two (2) years.
4 Periods of non-practice will not apply to the reduction of the probationary term.
5 Periods of non-practice will relieve Respondent of the responsibility to comply with the
6 probationary terms and conditions with the exception of this condition and the following terms
7 and conditions of probation: Obey All Laws; and General Probation Requirements.
8 13. COMPLETION OF PROBATION. Respondent shall comply with all financial
9 obligations (e.g., restitution, probation costs) not later than 120 calendar days prior to the
10 completion of probation. Upon successful completion ofprobation, Respondent's certificate shall
11 be fully restored.
12 14. VIOLATION OF PROBATION. Failure to fully comply with any term or
13 condition of probation is a violation of probation. If Respondent violates probation in any
14 respect, the Board, after giving Respondent notice and the opportunity to be heard, may revoke
15 probation and carry out the disciplinary order that was stayed. If an Accusation, or Petition to
16 Revoke Probation, or an Interim Suspension Order is filed against Respondent during probation,
17 the Board shall have continuing jurisdiction until the matter is final, and the period of probation
18 shall be extended until the matter is final.
19 15. LICENSE SURRENDER. Following the effective date of this Decision, if
20 Respondent ceases practicing due to retirement or health reasons or is otherwise unable to satisfy
21 the terms and conditions of probation, Respondent may request to surrender his or her license.
22 The Board reserves the right to evaluate Respondent's request and to exercise its discretion in
23 determining whether or not to grant the request, or to take any other action deemed appropriate
24 and reasonable under the circumstances. Upon formal acceptance of the surrender, Respondent
25 shall within 15 calendar days deliver Respondent's wallet and wall certificate to the Board or its
26 designee and Respondent shall no longer practice medicine. Respondent will no longer be subject
27 to the terms and conditions of probation. If Respondent re-applies for a medical license, the
28 application shall be treated as a petition for reinstatement of a revoked certificate.
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16. PROBATION MONITORING COSTS. Respondent shall pay the costs associated
2 with probation monitoring each and every year of probation, as designated by the Board, which
3 may he adjusted on an annual basis. Such costs shall be payable to the Medical Board of
4 California and delivered to the Board or its designee no later than January 31 of each calendar
5 year.
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7 ACCEPTANCE
8 I have carefully read the above Stipulated Settlement and Disciplinary Order and have fully
9 dist.:ussed it with my attorney, Benjamin J. Fenton, Esq .. I understand the stipulation and the
10 effect it will have on my Physician's and Surgeon's Certiticate. 1 enter into this Stipulated
11 Settlement and Disciplinary Order freely, voluntarily, knowingly, and intelligently, and agree to
12 be bound by the Decision and Order of the Medical Board of California.
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v~~)-~/"-~~-- ~/ CRISELDA C. ABADSANTOS, M.D. Respondent
18 1 have read and fully discussed with Respondent CRISELDA C. ABADSANTOS, M.D. the
19 terms and conditions and other matters contained in the above Stipulated Settlement and
20 Disciplinary Order. I approve its form and content.
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ENDORSEMENT
2 The foregoing Stipulated Settlement and Disciplinary Order is hereby respectfully
3 submitted for consideration by the Medical Board of California.
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Dated:
LA20J3609716; 61467739.doc
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Respectfully submitted,
KAMALA D. HARRIS Attorney General of California ROBERT MCKIMltELL Supervising Deputy Attorney General
~L~~, COLLEEN M. McGURRIN Deputy Attorney General Attorneysfor Complainant
STIPULATED SETTLEMENT (01-2010-205633)
Exhibit A
Petition to Revoke Probation No. Dl-2010-205633
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KAMALA D. HARRIS Attorney General of California ROBERT McKIM BELL Supervising Deputy Attorney General COLLEEN M. MCGURRIN Deputy Attorney General State Bar Number 147250
300 South Spring Street, Suite 1702 Los Angeles, California 90013 Telephone: (213) 620-2511 Facsimile: (213) 897-9395
Attorneys for Complainant
FILED STATE Of CALIFORNIA
IIEDICAL BOAR~ CA~lFO~N1~ SACRA'MENTO .i ( I o' 20-BY:~~ ANALYST
BEFORE THE MEDICAL BOARD OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA
In the Matter ofthe Petition to Revoke Probation Against:
CRISELDA CALA Y AN ABAD-SANTOS, M.D. 433 North Camden Drive, Suite 400 Beverly Hills, California 90210
Physician's and Surgeon's Certificate Number A 105195,
Case No. Dl-2010-205633
PETITION TO REVOKE PROBATION
Respondent.
17 Complainant alleges:
18 PARTIES
19 1. Kimberly Kirchmeyer (Complainant) brings this Petition to Revoke Probation solely
20 in her official capacity as the Executive Director of the Medical Board of California ("Board").
21 2. On August 13, 2008, the Board issued Physician's and Surgeon's Certificate Number
22 A 105195 to CRISELDA CALAY AN ABAD-SANTOS, M.D. ("Respondent"). Said Certificate
23 was in effect at all times relevant to the charges brought herein and will expire on December 31,
24 2015, unless renewed.
25 DISCIPLINARY HISTORY
26 3. On August 5, 2011, the Executive Director of the Board filedAccusation No. 05-
27 2010-205633 against Respondent entitled In the Matter of Accusation Against Crise fda Calayan
28 Abad-Santos, MD .. "
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PETITION TO REVOKE PROBATION
4. On December 28, 2011, Respondent entered into a Stipulated Settlement and
2 Disciplinary Order with the Board to resolve Accusation No. 05-2010-205633 informally.
3 5. In said disciplinary action No. 05-2010-205633, the Board issued a Decision,
4 effective March 30, 2012, in which Respondent's Physician's and Surgeon's Certificate was
5 revoked. However, the revocation was stayed and Respondent's Certificate was placed on
6 probation for three years upon certain terms and conditions. A copy of said Decision is attached
7 hereto as Exhibit A and is incorporated herein by reference as if fully set forth. Respondent's
8 probation is set to expire on or before March 30, 2015.
9 JURISDICTION
10 6. This Petition to Revoke Probation is brought before the Board under the authority of
11 the following laws. All section references are to the Business and Professions Code ("Code"),
12 unless otherwise indicated
13 7. Section 2227 of the Code provides that a licensee who is found guilty under the
14 Medical Practice Act may have his or her license revoked, suspended for a period not to exceed
15 one year, placed on probation and required to pay the costs of probation monitoring, or such other
16 action taken in relation to discipline as the Division deems proper.
17 8. Section.2228 of the Code states, in pertinent part:
18 "The authority of the board or a division of the board ... to discipline a licensee by placing
19 ... her on probation includes, but is not limited to, the following:
20 "(a) Requiring the licensee to obtain additional professional training and to pass an
21 examination upon the completion ofthe training. The examination may be written or oral, or
22 both, and may be a practical or clinical examination, or both, at the option of the board or division
23 or the administrative law judge.
24 "(b) Requiring the licensee to submit to a complete diagnostic examination by one or more
25 physicians and surgeons appointed by the division. If an examination is ordered, the board or
26 division shall receive and consider any other report of a complete diagnostic examination given
27 by one or more physicians and surgeons of the licensee's choice.
28 "(c) Restricting or limiting the extent, scope, or type of practice of the licensee, including
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PETITION TO REVOKE PROBATION
1 requiring notice to applicable patients that the licensee is unable to perform the indicated
2 treatment, where appropriate.
3 "(d) Providing the option of alternative community service in cases other than violations
4 relating to quality of care, as defined by the Division of Medical Quality. 1"
5 CAUSE TO REVOKE PROBATION
6 (Failure to Successfully Complete Clinical Training Program- Condition 1)
7 9. As set forth above in Paragraphs 3, 4, and 5, in case number 05-2010-205633, the
8 Board placed Respondent on probation subject to numerous condition.s. Condition 1 states as
9 follows:
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"1. CLINICAL TRAINING PROGRAM Within 60 calendar days of the
effective date of this Decision, respondent shall enroll in a clinical training or educational
program equivalent to the Physician Assessment and Clinical Education Program (PACE)
offered at the University of California- San Diego School of Medicine ("Program").
The Program shall consist of a Comprehensive Assessment program comprised of
a two-day assessment of respondent's physical and mental health; basic clinical and
communication skills common to all clinicians; and medical knowledge, skill and judgment
pertaining to respondent's specialty or sub-specialty, and at minimum, a 40 hour program
of clinical education in the area of practice in which respondent was alleged to be deficient
and which takes into account data obtained from the assessment, Decision(s),
Accusation(s), and any other information that the Division or its designee deems relevant.
Respondent shall pay all expenses associated with the clinical training program.
Based on respondent's performance and test results in the assessment and clinical
education, the Program will advise the Division or its designee of its recommendation(s) for
the scope and length of any additional educational or clinical training, treatment for any
medical condition, treatment for any psychological condition, or anything else affecting
1 California Business and Professions Code section 2002, as amended and effective January 1, 2008, provides that, unless otherwise expressly provided, the term "board" as used in the State Medical Practice Act (Bus. & Prof. Code§ 2000, et seq.) means the "Medical Board of California," and references to the "Division of Medical Quality" and "Division of Licensing" in the Act or any other provision of law shall be deemed to refer to the Board.
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PETITION TO REVOKE PROBATION
respondent's practice of medicine. Respondent shall comply with Program
2 recommendations.
3 At the completion of any additional educational or clinical training, respondent
4 shall,submit to and pass an examination. The Program's determination whether or not
5 respondent passed the examination or successfully completed the Program shall be
6 binding.
7 Respondent shall complete the Program not later than 6 months after respondent's
8 initial enrollment unless the Division or its designee agrees in writing to a later time for
9 completion.
10 Failure to participate in and complete successfully all phases of the clinical
11 training program outlined above is a violation of probation."
12 10. Respondent's probation is subject to revocation under Code section 2227 in that she
13 failed to comply with probation by violating Condition 1, referenced above. The facts and
14 circumstances are as follows:
15 A. On August 6-7, 2012, Respondent participated in Phase I of the Physician
16 Assessment and Clinical Education Program (PACE Program) offered at the University of
17 California- San Diego School of Medicine.
18 B. On June 10 - 14, 2013, Respondent returned to the PACE Program for Phase
19 II, the clinical education and assessment portion of the program which takes place in the actual
20 clinical environment of the U.C. San Diego Medical Center or one of its satellite clinics.
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C. On July 31, 2013, the Board received a final report from the U.C. San Diego
PACE Program, dated July 24, 2013, reporting that the PACE Program had serious concerns
about Respondent's ability to practice medicine safely and that her overall performance on the
comprehensive, seven day physician assessment portion of the program was consistent
with a "Fail, Category 4.2"
2 The PACE Program has defined four possible outcomes of the physician assessment: PASS, Category 1 signifying a good to excellent perfmmance in most or all areas measured and is consistent v.ith safe practice and competency with no significant deficiencies noted; PASS WITH RECOMMENDATIONS Category 2 signifies a perfom1ance during which minor deficiencies were noted that do not affect the physician's ability to practice safely
(continued ... )
4
PETITION TO REVOKE PROBATION
1 11. Respondent is therefore out of compliance with Probation Condition 1 -Clinical
2 Training Program - in that she failed to successfully complete all phases of the clinical training
3 program as required by said condition.
4 PRAYER
5 WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged,
6 and that following the hearing, the Medical Board of California issue a decision:
.7 1. Revoking the probation that was granted by the Medical Board of California in Case
8 No. 05-2010-205633 and imposing the disciplinary order that was stayed thereby revoking
9 Physician's and Surgeon's Certificate Number A 105195 issued to CRISELDA CALAYAN.
10 ABAD-SANTOS, M.D.;
11 2. Revoking or suspending Physician's and Surgeon's Certificate Number A 105195,
12 issued to Respondent;
13 3. If continued on probation, ordering Respondent to pay the Medical Board of
14 California the costs of the probation monitoring; and
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4. Taking such other and further action as deemed necessary and proper.
April 10, 2014
DATED: ------------------
( ... continued)
Executive Dir tor Medical Board of California Department of Consumer Affairs State of California
Complainant
and the physician performed competently overall. Category 3 signifies deficiencies noted, and the physician is capable of practicing safely, but likely shows broad deficiencies that cover multiple domains and require considerable educational investment; and FAIL, Category 4 signifying poor perfonnance that is not compatible with overall physician competency and safe practice. Physicians in this category perf01med poorly on all (or nearly all) aspects of the assessment. Some physicians in this category may be capable ofremediating their clinical competency to a safe level.
5
PETITION TO REVOKE PROBATION