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BEFORE THE MEDICAL BOARD OF CALIFORNIA

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against: Case No. 800-2015-011868

LUCIEN MA YER CESIANO, M.D. DEFAULT DECISION AND ORDER

[Gov. Code, § 11520] PHYSICIAN'S AND SURGEON'S CERTIFICATE No. G27338

RESPONDENT.

On September 24, 2015, an employee of the Medical Board of California (Board) sent by

certified mail a copy of Accusation No. 800-2015-011868, Statement to Respondent, Notice of

Defense in blank, copies of the relevant sections of the California Administrative Procedure Act

as required by sections 11503 and 11505 of the Government Code, and a request for discovery,

to Lucien Mayer Cesiano, M.D. (Respondent) at his address ofrecord with the Board, 420

Douglas Street, Englewood, NJ 07631. The green certified mail receipt was signed and returned.

(Accusation package, proof of service, certified mail receipt, Exhibit Package, Exhibit l I)

There was no response to the Accusation. On October 13, 2015, an employee of the

Attorney General's Office sent by certified mail addressed to Respondent at his address of record

a courtesy Notice of Default, advising Respondent of the Accusation, and providing him with an

opportunity to request relief from default. The USPS tracking information service shows that the

package was delivered to Respondent's address on October 19, 2015. (Exhibit Package, Exhibit 2,

Notice of Default, proof of service, USPS Tracking Information)

Respondent has not responded to service of the Accusation or the Notice of Default. He

has not filed a Notice of Defense. As a result, Respondent has waived his right to a hearing on

the merits to contest the allegations contained in the Accusation.

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I The evidence in support of this Default Decision and Order is contained in the "Exhibit Package."

Default Decision and Order (Lucien Mayer Cesiano, M.D.)

1 FINDINGS OF FACT

2 I.

3 Kimberly Kirchmeyer is the Executive Director of the Board. The charges and allegations

4 in the Accusation were at all times brought and made solely in the official capacity of the Board's

5 Executive Director.

6 II.

7 On July 23, 1974, Physician's and Surgeon's Certificate No. 027338 was issued by the

8 Board to Lucian Mayer Cesiano, M.D. The certificate is renewed and current, with an expiration

9 date of February 29, 2016. (Exhibit Package, Exhibit 3, license certification)

10 III.

11 On September 24, 2015, Respondent was served with an Accusation, alleging causes for

12 discipline against Respondent. The Accusation and accompanying documents were duly served

13 on Respondent. A courtesy Notice of Default was thereafter served on Respondent. Respondent

14 failed to file a Notice of Defense.

15 IV.

16 The allegations of the Accusation are true as follows:

17 On February 3, 2015, the New York State Board for Professional Medical Conduct (New

18 York Board) issued a Consent Order regarding Respondent's license to practice medicine in New

19 York. The Consent Order resolved a pending Statement of Charges alleging that Respondent

20 failed to maintain records which accurately reflected the evaluation and treatment of three

21 patients. Respondent's New York license was limited to preclude patient contact and any practice

22 of medicine, clinical or otherwise. He was precluded from diagnosing, treating, operating, or

23 prescribing for any human disease, pain, injury, deformity or physical condition, and required to

24 place his license in inactive status. A copy of the Consent Order issued by the New York Board

25 is attached to the Accusation, Exhibit Package, Exhibit 1.

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2

Default Decision and Order (Lucien Mayer Cesiano, M.D.)

1 DETERMINATION OF ISSUES

2 Pursuant to the foregoing Findings of Fact, Respondent's conduct and the action of the

3 New York State Board for Professional Medical Conduct constitute cause for discipline within

4 the meaning of Business and Professions Code sections 2305 and 141(a).

5 DISCIPLINARY ORDER

6 Physician's and Surgeon's certificate No. G27338 issued to Lucien Mayer Cesiano, M.D.

7 is hereby REVOKED.

8 Respondent shall not be deprived of making a request for relief from default as set forth in

9 Government Code section 11520(c) for good cause shown. However, such showing must be

10 made in writing by way of a motion to vacate the default decision and directed to the Medical

11 Board of California at 2005 Evergreen Street, Suite 1200, Sacramento, CA 95815 within seven

12 (7) days of the service of this Decision.

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This Decision will become effective December 24 '2015

It is so ordered on NovPmber 25 '2015.

MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS ST A TE OF CALIFORNIA

Executive Director

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Default Decision and Order (Lucien Mayer Cesiano, M.D.)

FILED STATE OF CALIFORNIA

MEDICAL BOARD-OF CALIFORNIA 1

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KAMALA D. HARRIS Attorney General of California JANE ZACK SIMON

SAC~ENTO~~cf20 f5 BY~. R tC ANALYST

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Supervising Deputy Attorney General State Bar No. 116564

455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: (415) 703-5544 Facsimile: ( 415) 703-5480 E-mail: Janezack.simon@doj.ca.gov

Attorneys for Complainant

BEFORE THE MEDICAL BOARD OF CALIFORNIA

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against:

LUCIEN MAYER CESIANO, M.D. 420 Douglas Street Englewood, NJ 07631

Physician's and Surgeon's Certificate No. G27338

Respondent.

Case No. 800-2015-011868

ACCUSATION

18 The Complainant alleges:

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

20 Board of California, Department of Consumer Affairs, and brings this Accusation solely in her

21 official capacity.

22 2. On July 23, 1974, Physician's and Surgeon's Certificate No. G27338 was issued

23 by the Medical Board of California to Lucien Mayer Cesiano, M.D. (Respondent.) The certificate

24 is renewed and current with an expiration date of February 29, 2016.

25 Ill

26 Ill

27 Ill

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Accusation

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2 3.

JURISDICTION

This Accusation is brought before the Medical Board of California (Board) under

3 the authority of the following sections of the California Business and Professions Code (Code)

4 and/or other relevant statutory enactment:

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A. Section 2227 of the Code provides in part that the Board may revoke,

suspend for a period not to exceed one year, or place on probation, the license of any

licensee who has been found guilty under the Medical Practice Act, and may recover the

costs of probation monitoring.

B. Section 2305 of the Code provides, in part, that the revocation, suspension,

or other discipline, restriction or limitation imposed by another state upon a license to

practice medicine issued by that state, or the revocation, suspension, or restriction of the

authority to practice medicine by any agency of the federal government, that would have

been grounds for discipline in California under the Medical Practice Act, constitutes

grounds for discipline for unprofessional conduct.

4.

C. Section 141 of the Code provides:

"(a) For any licensee holding a license issued by a board under the jurisdiction of a department, a disciplinary action taken by another state, by any agency of the federal government, or by another country for any act substantially related to the practice regulated by the California license, may be a ground for disciplinary action by the respective state licensing board. A certified copy of the record of the disciplinary action taken against the licensee by another state, an agency of the federal government, or by another country shall be conclusive evidence of the events related therein.

"(b) Nothing in this section shall preclude a board from applying a specific statutory provision in the licensing act administered by the board that provides for discipline based upon a disciplinary action taken against the licensee by another state, an agency of the federal government, or another country."

FIRST CAUSE FOR DISCIPLINE

(Discipline, Restriction, or Limitation Imposed by Another State)

On February 3, 2015, the New York State Board for Professional Medical Conduct

27 (New York Board) issued a Consent Order regarding Respondent's license to practice medicine in

28 New York. The Consent Order resolved a pending Statement of Charges alleging that

2

Accusation

1 Respondent failed to maintain records which accurately reflected the evaluation and treatment of

2 three patients. Respondent's New York license was limited to preclude patient contact and any

3 practice of medicine, clinical or otherwise. He was precluded from diagnosing, treating,

4 operating, or prescribing for any human disease, pain, injury, deformity or physical condition, and

5 required to place his license in inactive status. A copy of the Consent Order issued by the New

6 York Board is attached as Exhibit A.

7 5. Respondent's conduct and the action of the New York Board for Professional

8 Medical Conduct as set forth in paragraph 4, above, constitutes cause for discipline pursuant to

9 sections 2305 and/or 141 of the Code.

10 PRAYER

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

12 alleged, and that following the hearing, the Board issue a decision:

13 1. Revoking or suspending Physician's and Surgeon's Certificate Number G27338

14 issued to respondent Lucien Mayer Cesiano, M.D.;

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

16 physician assistants;

17 3. Ordering Respondent, if placed on probation, to pay the costs of probation

18 monitoring; and

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4. Taking such other and further action as the Board deems necessary and proper.

21 DATED: September 24

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'2015

Executive Directo Medical Board o California Department of Consumer Affairs State of California

Complainant

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Accusation

EXHIBIT A Consent Order, No. 15-023

~~~:r0;0RK ~RTUN!TV

Department of Health

ANDREW M. CUOMO Go·vernof·

HOWARD A. ZUCKER, M.D., J.D. Acting Ccmm1ssioner

SALLY DRESL!N. M.S., R.N. Executive Deputy Commissioner

February 4, 2015

CERTIFIED JfAIL-RETURN RECEIPT REQUESTED

Lucien Maver-Cesia.'10. M.D.

Re: License No, l 06187

Dear Dr. 1vfayer~Cesiano:

Enclosed is a copy of the New York State Board for Professional ~vfedical Conduct (BPMC) Order No. 15-023. This order a.."1d any penalty provided therein goes into effect February U, 2015.

Please direct any questions to: Board for Professional Medical Conduct, 90 Church Street, 4th Floor, Ne\v York, NY 10007-2919, telephone# 212-4i7-4445.

Endo sure

cc: Barbara A. Ryan, Esq ..

Sincerely,

KatheririeA. Ha,vkins, M.D., J.D. Executive Secretary Board for Professional Medical Conduct

Aaronson, Rappaport, Feinstein and Peutsch, LLP 600·Tbird Avenue· ·· ·· ·· · ·

New York, NY 10016

···----·-·------------------------------,,-----------

NEW YORK STATE DEPARTMENT OF HEALTH BPMC No. 15-023 ST ATE BOARD FOR PROFESSIONAL MEDlCAL CONDUCT

IN THE MATTER CONSENT

OF ORDER

LUCIEN MAYER-CES!ANO, M.O.

I Upon the application of {Respondent} LUCIEN MAYER-CESfANO, M.D. in the attached Consent

I Agreement and Order, which is made a part of this Consent Order, it is

I ORDERED, that the Consent Agreement, and fts terms, are adopted and

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it is further

ORDERED, that this Consent Order shalt be effective upon issuance by the Board,

by mailing of a copy of this Consent Order, either by first class mall to Respondent at

the address in the attached Consent Agreement or by certified mail to Respondenfs

attorney, OR

upon facslmile transmission to Respondent or Respondent's attorney,

whichever i5- first~~ ·

SO ORDERED.

Arthur S. Hengen:r, M.D. Cha1r State Board for Professional ·Medical Condutt

t.

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NEW YORK STATE DEPARTMENT OF HEALTH STATE BOARD FOR PROFESSIONAL MEDlCAL CONDUCT

IN THE MA TIER

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OF

LUCIEN MAYER..CESIANO, M.O. I CONSENT

AGREEMENT

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I LUCIEN MAYER-CESIANO, M.D, represents that all of the following statements are

I true:

I That on or about July 1, 1970, I was licensed to practice as a physician in the State

of New York. and issued License No. 106187 by the New York State Education

11 Department.

II jj My current address is , and I \viii advise the Dfrector of the Office of I ,

I Professional Medical Conduct of any change of address.

II I understand that the New York State Board for Professional Medical Conduct

1 (Board) has charged me with a specification ofprofessionalmisconduct--- --- --- -

! I A copy of the Statement of Charges, marked as Exhibit "A", is attached to and part

I of this Consent Agreement

I I ! cann,ot successfully defend against at least one of the acts of misconduct alleged,

11 in fuii satlsfacticn of the charges against me, and agree to the foHowing penalty:

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I Immediately upon issuance of the Consent Order for which I apply, my

I license to practice medicine shall be limited, pursuant to N.Y. Pub. Health Law§ 230-a. to

I preclude patient contact and any practice of medicine, clinical or otherwise. l shall be

! I I precluded from diagnosing, treating, operating, or prescribing for any human disease, pain, I

I injury, defoirnity, or physical condition. l shall be precluded from further reliance upon my I license to practice medicine to exempt me from the ticensure, certification or other 1

I requirements set forth in statute or regulation for the practice of any other profession

licensed, regulated or certified by the Board of Regents, Department of Education,

Department of Health or the Department of State.

I further agree that the Consent Order for which l apply shall impose the following

conditions:

That Respondent shall, within 30 days of the issuance of the Consent Order. notify

the New York State Education Department, Division of Professional Licensing Services.

I that Respondent's license status is "inactive," and shat! provide proof of such notification to J

the Director of OPMC immediately upon having done so; and )

j . . That Respondent shall provide the Director, Office of Professional Medical Conduct I

(OPMC), Ri~ervlew Ce~ter, 150 Brnadw~~. Suit~ 355, Atbany, N~w Y~rk.1220~4~-2719~ ~vith 1

description of Respondent's employment and practlce; all professional and residential

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addresses and telephone numbers w1'thin and outside New York State; and aH I

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· the following information, In writing, and ensure that th.is information is kept current a full

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investigations, arrests, charges, convictions or disciplinary actions by any local, state or

federal agency, institution or facility. Respondent shall notify OPMC. Jn writing, withln 30

days of any additions to or changes in the required information. This condition shall take

effect 30 days after the Order's effective date and shall continue at all times until

Respondent receives written notification from the Office of Professional Medical Conduct.

Physician Monitoring Program, that OPMC has determined that Respondent has fully

·1' complied with and satisfied the requirements of the Order, regardless of tolling; and

I That Respondent shall cooperate fully with the Office of Professional Medical

Conduct (OPMC) in its adminlstration and enforcement of this Order and in its

investigations of matters concerning Respondent Respondent shall respond in a timely ,_.. ,."":_. I I manner to ail OPMC requests for written periodic verification of Respondent's compliance

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t with this Ord.er. Respondent shall meet with a person designated ~y the Director of

1~ OPMC,~as directed. Respondent shall respond promptly and provide all documents and

information within Respondent's control, as directed. This condition shall take effect upon

l the Board's issuance of the Consent Order and wlll continue so long as Respondent

· lrremains·iicensed in New York State; and·

I l · That Respondent shall comply with all conditions set forth ln attached Exhibit "B''

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I II ("Requirements for Closing a Medical Practice").

II I stipulate that my failure to comply with any conditions of this Order shall constitute I I misconduct as defined in N.Y. Educ. law§ 6530(29). 1 ·

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I agree that if I am charged with professional misconduct in future, this Consent

Agreement and Order shall be admitted into evidence in that pmceeding.

I ask the Board to adopt this Consent Agreement.

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terms shall bind me or constitute an admission of any of the acts of a!!eged misconduct:

l understand that if the Board does not adopt this Consent Agreement, none of its

I , I this Consent Agreement shail not be used against me ln any way and shall be kept in strict I

I confidence; and the Board's denial shall be without prejudice to the pending disciplinary I j proceeding and the Board's final determination pursuant to the Public Health Law. J

I ! Lagree that. if the Board adopts this Consent Agreement, the Chair of the Board

shall issue a Consent Order in accordance with its terms. I agree that this Order s.hall take

effect upon its issuance by the Board, either by mailing of a copy of the Consent Order by

first class mail to me at the address in this Consent Agreement, or to my attorney by I certified mail, OR upon facsimile transmission to me or my attorney, whichever is first.

I Order, this agreement, and all attached Exhibits shall be public documents, with only

I patient identities, if any, redacted. As public documents, they may be posted on the

The! 1

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I Department's website. OPMC shall report this action to the National Practitic;ner Data -- I - . . . - . --- - -- -- -- . . . - - - - - ----- - - - ---If Bank and the Federation of State Medical Boards, and any other entities that the Diiector

Ii of OPMC shall deem appropriate.

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i stipulate that the proposed sanction and Order are authorized by N_Y. Pub. Health 1

I Law§§ 230 and 230-a, and that the Board for Professional Medical Conduct and the Office J

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of Professional Medical Conduct have the requ1site powers to cany out all included terms.

I ask the Board to adopt this Consent Agreement of my own free will and not under duress.

compulsJon or restraint. In consideration of the value to me of the Board's adoption of this

Consent Agreement. allowing me to resofve this matter without the various risks and

burdens of a hearing on the merits, I knowingly waive my right to contest the Consent

Order for which I apply, whether admf nfstratively or judicially, I agree to be bound by the

I Consent Order, and ask that the 13oard. ~dopt this Consent Agreement.

I I am aware and llgree that, regartli6ss of prior communication, the attorney for the

Department, the Director of the Office of Professional Medical Conduct, and the

Chairpgrson of the State BoardJor Professional Medical Conduct each reserve full :-~i __ :~ . -· -

discretiqn to enter into the Consent Agreement that [ propose in this application, or to ~· . .

[ decllne to do s~.

If } ,,,...----

' DA TE 0 )Jj :JI) I.,,

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LUCIEN MAYER-CEy ANO, fl.to. RESPONDENT

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The undersigned agree to Respondent's attached Consent Agreement and to its proposed penalty, terms and conditions.

I 'DATE: -----

I I /' '~ I DATE: .i I 3• J )

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II !' i I I DATE d../1/i5 I I f l I I l I

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ARBARAA. RYAN, ESQ. Aaronson, Rappaport, Feinstein, & Deutsch. LLP Attorney for Respondent

DANIEL GUENZBURGER Associate Counsel Bureau of Professionat Medical Conduct

KEITH W. SERVIS Director Office of Professional Medical Conduct

1 EXHIBJT A I NEWYORKSTATE DEPARTMENTOFHEALTH STATE BOARD FOR PROFESSlONAL MEDICAL CONDUCT

IN l'HE MATTER STATEMENT

OF OF

LU Cf EN MAYER-CESIANO, M.O. CHARGES

LUCIEN MAYER-CESlANO, M.D., the Respondent1 was authorized to practice

I medicine In New York State on or about July 1, 1970, by the issuance of license number

\ 106187 by the New York State Education Department.

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FACTUAL ALLEGATIONS

A , Respondent failed to maintain a record patients A through C 'which accurateiy

refiects the evaluation and treatment of the Patients. The Patients, \\1ho are idsntifled

in the annexed appendix, were treated by Respondent on or about and betv.:een

January 2009 and October 1, 201 i.

SPECIFiCATION OF CHARGES

- -- - --SPECIFICATION -

FAILURE TO MAINTAIN RECORDS I l· l ! Respondent is charged with committing professional misconduct as defined in N.Y. J

I . l Educ. Law§ 6530(32) by failing to maintain a record for each patieni which accurately l i1 j Ii reflects the evaluation and treatment of the patient, as alleged in rhe facts of: j II I

lj 1 ! 1 , Paragraph A <l I ll I II I

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DATE:January _Jo, 2015 New York, New York

ROY NEMERSON Deputy Counsel Bureau of Professional Medical Conduct

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Requirements for Cfosing a Medical Practice Following a Revocation, Surrender, Limitation or Suspensioh of a Medical license

1. Licensee shall immediately cease and desist from engaging in the practice of

medicine in New York State, or under Licensee's New York Hcense, in accordance

with the terms of the Order. In addition, Licensee shaH refrain from providing an

opinion as to professional practice or its application and from representing that I Licensee is eligible to practice medicine. I

2. Withln 5 days of the Order's effective date1 Licensee shall deliver licensee's current l biennial registration to the Office of Professional Medical Conduct {OPMC) at I Riverview Center, 150 Broadway, Suite 355, Albany, New York 12204--2719.

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3. Within 15 days of the Order's effective date, Licensee shall notify all patients of the ,

cessation or !imltation of Licensee's medical practice, and shall refer all patients to

~nother licensed practicing physician for continued care, as appropriate. Licensee

shaiJ notify. in writing, each health care plan with which the licensee contracts or is

employed, and each hospital where Licensee has privileges, that Ucensee has

ceased medical practice. Within 45 days of the Order's effective date, Licensee

shall prov·lde OPMC with written documentation that aH patients and hospitals have

-been notified of the cessatiO-n~of UcenseeTs medical practice.

4. licensee shall make arrangements for the transfer and maintenance of all patient

medical re.cords. Within 30 days of the Or?er's effective date, Licensee shaH notify

OPMC of these arrangements, including the name, address, and telephone number

of an appropriate and acceptable contact persons vvho shaH have access to these

records. Original records sha!! be retained for at least 6 years after the last date of

Service rendered to a patient or, in the case of a minor, for at least 6 years after the

last date of service or 3 years after the patient reaches the age of m2jority,

whichever time period is longer. Records shall be maintained in a safe and secure

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place that is reasonably accessible to former patients. The arrangements shall

include provisions to ensure that the information in the record is kept confidential

and is available only to authorized persons. VVhen a patient or a patient's

representative requests a copy of the patient's medlcal record, or requests that the

original medical record be sent to another health care provider, a copy of the record

shall be promptly provided or forNarded at a reasonab!e cost to the patient (not to

exceed 75 cents per page.) Radiographic, sonographic and similar materials shall

be provided at cost. A qualified person shall not be denied access to patient

information solely because of an inabillty to pay.

5. In the event that Licensee holds a Drug Enforcement Administration (DEA) I certificate for New York State, Licensee shall, within fifteen (15) days of the Order's 1

effective date, advise the DEA, 1n writing, of the licensure action and shall surrender I his/her DEA controlled substance privileges for New York State to the DE.!\. I Licensee shall promptly surrender any unused DEA #222 U.S. Official Order Fonns I Schedules 1 and 2 for New York State to the DEA .A.H submissions to the DEA shall

be addressed to Diversion Program Manager, New York Field Division, U.S. Drug

Enforcement Administration, 89 Tenth Avenue, New York, NY 10011.

6. Within 15 days of the Order's effective date, Licensee shall return any unused New

York State official prescription forms to the Bureau of Narcotic Enforcement of the

New York State Department of Health. If no other licensee is providing services at

Licensee's practice location, Licensee shall properly dispose of all medications.

7. Within 15 days of the Order's effective date, Licensee shall remove from the public

all related signs, advertisements, professional listings (whether in telephone

directories, internet or otherwise), professional statfonery or billings. Licensee shall

not share, occupy, or use office space in which another licensee provides health

care services.

8. Licensee shall not charge, receive or share any fee or distribution of dividends for

professional sen1ices rendered by Licensee or others while Licensee is barred from

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engaging in the practice of medicine. licensee may be- compensated for the

reasonable value of services lawfu!!y rendered, and disbursements incurred on a

patient's behalf, prior to the Order's effective date.

9. lf Licensee is a shareholder in any professional service corporation organized to

engage in the practice of medicine, Licensee shall divest all financial interest in the

professional services corporation, in accordance with New York Busjness

Corporation Law. Such divestiture shall occur within 90 days. if licensee is the

sole shareholder in a professional services corporation: the corporation must be

dissolved or sold wlthln 90 days of the Order's effective date.

10. Faiiure to comply wlth the above directives may result in a civil penalty or criminal

penalties as may be authorized by governing law. Under N.Y. Educ. Law§ 6512, it j

is a_ Class E Felony, punishable by imprisonment of up to 4 years, to practice the

profession of medicine when a professional license has been suspended, revoked

qr: annutled. Such punishment is in addition to the penalties for profession a!

misconduct set forth in N. Y. Pub. Health Law§ 230-a, which lnc!ude fines of uo to - . $10,000 for each specification of charges of which the Ucensee is found guilty, and

may include revocation of a suspended license.

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