1,

BEFORE THE NEW MEXICO MEDICAL BOARD

[N THE MATTER OF

ADRIAN GOLLAS, t])r(2J 1 t IRESIDENT M.D. No.2011-046License No. RS 2010-0658 NOV 22 2013 1’

t-Respondent. “)1’

AMENDED DECISION AND ORDER

FINDINGS OF FACT

1. A Notice of Contemplated Action (NCA) issued against Dr. Gollas on December 19,

2011.

2. A hearing was conducted on the charges contained in the NCA on June 6, 2012, at

which time Dr. Gollas appeared and testified telephonically from his physical location

in Mexico. Dr. Gollas was represented by counsel at the hearing, who was physically

present at the offices of the Board.

3. The NCA alleges as follows:

On or about March 16, 2007, Respondent was notified that he had been dismissedfrom his upcoming third year pediatric residency program at University TexasHouston (UTH) based on his performance history. When Respontent applied for hisNew Mexico resident license, he failed to disclose this inforrriation on his application.Specifically, Respondent failed to disclose his prior 2006-2007 pediatric residencyprogram at UTH when completing the “Post Graduate Training” section of hisresident application. Moreover, in response to Professional Practice Question 19(C)on his resident application, as to whether or not he had ever been suspended,dismissed or expel led from a PGT program, he answered in the negative.

These allegations, if proven, would be a violation of NMSA 1978, § 6l-6-15(D)($),fraud or misrepresentation in applying for or procuring a license to practice in thisstate, and Subsection K of 16.10.8.8 NMAC, dishonesty [defining unprofessionalconduct to include dishonesty].

4. Dr. Gollas applied to the New Mexico Medical Board for a post graduate training license on

or about September 9, 2010 and was thereafter issued such license for the period from October

2010 until it expired in August of 2011.

5. While licensed as a resident under his New Mexico Medical Board post graduate training

license, he served as a resident with the University of New Mexico (UNM).

6. The instant proceeding arose from a complaint made to the Medical Board by IJNM,

informing the Medical Board that Dr. Gollas may have misrepresented his resident’s application

to the Medical Board.

7. Dr. Gollas’ application for a post graduate training license submitted to the Medical Board

lists instances of prior post graduate training but does not list UTH pediatric residency training.

8. Dr. Gollas, in his application for a post graduate training license submitted to the Medical

Board, answered “No” to the following question asked at ¶ 19:

Have you ever, for any reason:c) Been suspended, dismissed or expelled from a medical school or PGT

program?

9. On March 16, 2007, Dr. Gollas, while serving in a UTH pediatric residency training program

received from UTH a “Notice of Non-renewal of appointment,” informing Dr. Gollas that he

would not be reappointed to the UTH pediatric residency training program effective July 1, 2007,

stating that he had not demonstrated the minimum level of performance to continue into the next

year of training in that program.

10. In an April 23, 2007 letter to Dr. Gollas, UTH again provides to Dr. Gollas “Notice of non

renewal of appointment.”

11. On February 25, 2008, in a letter addressed “To Whom it May Concern,” UTH articulated

certain complaints against Dr. Gollas and stated: “He was not given credit for the year of

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training based on unsatisfactory clinical and professional performance. His contract was not

renewed and he was dismissed flom our residency program at the University of Texas Medical

School at Houston.”

12. UTH’s “Annual Resident In-Training Evaluation” form, completed by it on June 5, 2007,

states that Dr. Gollas would receive no credit for his months of training and that he would not be

reappointed to the program.

13. Before the March 16 letter to Dr. Gollas, UTH had offered to Dr. Gollas, in February of

2007, a position in its post graduate training program for the subsequent year.

14. UTH’s decision regarding a position for that subsequent year necessarily changed in March

of 2007.

15. Dr. Gollas later filed an unsuccessful lawsuit against the University of Texas, claiming that

the University retaliated against him by revoking his appointment for the third year of his

residency for reporting an incident of sexual harassment that occurred in February 27, 2007

committed by a faculty member against a nurse.

16. Dr. Gollas’ suit was finally decided by the fifth Circuit Court of Appeals on April of 2011.

17. Dr. Gollas’ appellate counsel with respect to this lawsuit, had conversed with Dr. Gollas

about whether he should list on his CV the post graduate training for which he received no credit,

and counsel had advised against doing so, for fear that listing that work could give a thlse

impression.

1$. Dr. Gollas currently lives in Aguascalientes, Mexico, where he is taking care of his mother.

19. Dr. Gollas went to medical school at La Salle University in Mexico City. After graduating,

he engaged in internships at seven hospitals in the U.S., including Johns Hopkins, Harvard,

University of Miami, Baylor and Mayo Clinic. After completing his interuships, he returned to

3

Mexico to perform social service, which is a governmental requirement imposed on persons who

graduate from medical school in Mexico.

20. Dr. Gollas has specialized in anesthesiology and has worked as an anesthesiologist at

Harvard for three and one-half years.

21. Dr. Gollas testified that he did not list, on his application with the Medical Board, his post

graduate training at the UTH for the period from July of 2006 through the end of June 2007,

because he had been counseled by his attorney not to do so and because, in his own mind, it

would have been unethical to list training for which he had received no credit.

22. Dr. Gollas testified that his understanding of the status of his lawsuit was that it was pending

and not final.

23. Dr. Gollas testified that he answered “No” to the question asked at ¶ 19, because he had not

been suspended, dismissed or expelled from the UTH post graduate training program. Rather,

his contract had not been renewed.

24. Dr. Gollas testified that he did not intend to mislead or deceive the State of New Mexico or

anyone by not describing what had happened at UTH in 2006 and 2007.

25. Dr. Gollas testified that had he received credit for the training in 2006-2007, he would have

listed it and would have explained what happened.

26. Dr. Gollas testified that had he pursued another residency and had they asked questions

about his previously residency, he would have divulged the information about his previocts

residency to those asking.

27. In practical effect, Dr. Gollas was dismissed from the UTH post graduate training program.

22. Dr. Gollas should have answered “Yes” to the questions asked at ¶ 19 and thereafter

provided such explanation as he thought necessary.

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29. The fact that Dr. Gollas did not receive credit for that training in 2006-2007 does not excuse

his not listing that period of training.

30. Dr. Gollas should have listed that period of training and provided such explanation as he

thought necessary.

31. Dr. Gollas’ asserted reliance on his counsel’s advice to not list the training on his CV is

insufficient to excuse his failure to list that training on his application to the Medical Board for a

resident license.

32. The evidence has established by a preponderance that Dr. Gollas engaged in

misrepresentation or dishonesty in applying for his resident license in New Mexico.

CONCLUSIONS OF LAW

Sufficient grounds exist under NMSA 1978, § 61-6-15(D)(8) Subsection H of 16.10.8.8

NMAC to discipline Dr. Gollas.

ORDER

Dr. Gollas be and hereby is reprimanded by the Board.

RIGHT TO JUDICIAL REVIEW

Dr. Gollas may seek judicial review of this Decision and Order pursuant to NMSA 1978,

§ 61-1-17 and NMSA 1978, § 39-3-1.1. The time within which to do so is thirty days from the

date of filing of the Board’s Decision and Order.

TE EN WEINER, M.D.C hainrianNew Mexico Medical Board

Date: ‘J ‘

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_____________

JUL 1 201?BEFORE THE NEW MEXICO MEDICAL BOARD ]

IN THE MATTEROF NM MEDICAL BOARD

ADRIAN GOLLAS,RESIDENT M.D. No. 2011-046License No. RS 2010-0658

Respondent.

HEARING OFFICER’S REPORT

A hearing was conducted on June 6, 2012 by the undersigned Hearing Officer and

member of the Medical Board, Albert J. Bourbon, P.A. upon the charges contained in the Notice

of Contemplated Action. The Board’s administrative prosecutor, Daniel Rubin, Esq., presented

the case, Respondent Dr. Gollas was represented by counsel, Eric. M. Sommer, Esq. Dr. Gollas

appeared and testified telephonically.

FINDINGS OF FACT

I. A Notice of Contemplated Action (NCA) issued against Dr. Goflas on December 19, 2011.

2. A hearing was conducted on the charges contained in the NCA on June 6, 2012, at which time

Dr. Gollas appeared and testified telephonically and was represented by counsel.

3. The NCA alleges as follows:

On or about March 16, 2007, Respondent was notified that he had been dismissedfrom his upcoming third year pediatric residency program at University TexasHouston (UTH) based on his performance history. When Respondent applied forhis New Mexico resident license, he failed to disclose this information on hisapplication. Specifically, Respondent failed to disclose his prior 2006-2007pediatric residency program at UTH when completing the “Post GraduateTraining” section of his resident application. Moreover, in response toProfessional Practice Question 19(C) on his resident application, as to whether ornot he had ever been suspended, dismissed or expelled from a POT program, heanswered in the negative.

These allegations, if proven, would be a violation of NMSA 197$, § 61-6-I 5(D)(8), fraud or misrepresentation in applying for or procuring a license to

7/13/2012 3:26 PM Univ of NM Hosp - 4767237 Page 3 of 6

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practice in this state, and Subsection H of 16.10.8.8 NMAC, dishonesty [definingunprofessional conduct to include dishonesty].

4. Dr. GolLas applied to the New Mexico Medical Board for a post graduate training license on

or about September 9, 2010 and was thereafter issued such license for the period from October

2010 until it expired in August of 2011.

5. While licensed as a resident under his New Mexico Medical Board post graduate training

license, he served as a resident with the University of New Mexico (UNM).

6. The instant proceeding arose from a complaint made to the Medical Board by UNM,

informing the Medical Board that Dr. Goltas may have misrepresented his resident’s application

to the Medical Board.

7. Dr. Gollas’ application for a post graduate training license submitted to the Medical Board

lists instances of prior post graduate training but does not list UTH pediatric residency training.

8. Dr. Gollas, in his application for a post graduate training license submitted to the Medical

Board, answered “No” to the following question asked at 19:

Have you ever, for any reason:c) Been suspended, dismissed or expeLled from a medical school or PGT

program?

9. On March 16, 2007, Dr. Gollas, while serving in a UTH pediatric residency training program

received from UTH a “Notice of Non-renewal of appointment,” informing Dr. Gollas that he

would not be reappointed to the UTH pediatric residency training program effective July 1, 2007,

stating that he had not demonstrated the minimum level of performance to continue into the next

year of training in that program.

10. In an April 23, 2007 letter to Dr. Gollas, UTH again provides to Dr. Gollas “Notice of non-

renewal of appointment.”

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ii. On February 25, 2008, in a letter addressed “To Whom it May Concern,” UTH articulated

certain complaints against Dr. Gollas and stated: “He was not given credit for the year of

training based on unsatisfactory clinical and professional performance, 1-us contract was not

renewed and he was dismissed from our residency program at the University of Texas Medical

School at Houston.”

1%. UTH’s “Annual Resident In-TraIning Evaluation” form, completed by it on June 5, 2007,

states that Dr. Gollas would receive no credit for his months of training and that he would not be

reappointed to the program.

13. Before the March 16 letter to Dr. Gollas, UTH had offered to Dr. Gollas, in February of

2007, a position in its post graduate training program for the subsequent year.

14. UTH’s decision regarding a position for that subsequent year necessarily changed in March

of 2007.

15. Dr. Gollas later filed an unsuccessfitl lawsuit against the University of Texas, claiming that

the University retaliated against him by revoking his appointment for the third year of his

residency for reporting an incident of sexual harassment that occurred in February 27, 2007

committed by a faculty member against a nurse.

16. Dr. Gauss’ suit was finally decided by the Fifth Circuit Court of Appeals on April of 2011.

17. Dr. Gotlas’ appe]late counsel with respect to this lawsuit, had conversed with Dr. Gollas

about whether he should list on his CV the post graduate training for which he received no credit,

and counsel had advised against doing so, for fear that listing that work could give a false

impression.

18. Dr. Gollas currently lives in Aguascalientes, Mexico, where he is taking care ofhis mother.

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19. Dr. Gollas went to medical school at La Salle University in Mexico City. After graduating,

he engaged in internships at seven hospitals in the U.S., including Johns Hopkins, Harvard,

University of Miami, Baylor and Mayo Clinic. After completing his intemships, he returned to

Mexico to perform social service, which is a governmental requirement imposed on persons who

graduate from medical school in Mexico.

20. Dr. Gollas has specialized in anesthesiology and has worked as an anesthesiologist at

-iarvard for three and one-half years.

21. Dr. Gollas testified that he did not list, on his application with the Medical Board, his post

graduate aining at the UTH for the period from July of 2006 through the end of June2007,

because he had been counseled by his attorney not to do so and because, in his own mInd, it

would have been unethical to list training for which he had received no credit.

22. Dr. Gollas testified that his understanding of the status of his lawsuit was that it was pending

and not final.

23. Dr. Gollas testified that he answered “No” to the question asked at ¶ 19, because he had not

been suspended, dismissed or expelled from the UTH post graduate training program. Rather,

his contract had not been renewed.

24. Dr. Goltas testified that he did not intend to mislead or deceive the State of New Mexico or

anyone by not describing what had happened at UTH in 2006 and 2007.

25. Dr. Gollas testified that had he received credit for the training in 2006-2007, he would have

listed it and would have explained what happened.

26. Dr. Gollas testified that had he pursued another residency and had they asked questions

about his previously residency, he would have divulged the information about his previous

residency to those asking.

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27. In practical effect, Dr. Gollas was dismissed from the UTH post graduate training program.

28. Dr. Goflas should have answered “Yes” to the questions asked at ¶ 19 and thereafter

provided such explanation as he thought necessary.

29. The fact that Dr. Golias did not receive credit for that training in 2006-2007 does not excuse

his not listing that period of training.

30. Dr. Gollas should have listed that period of training and provided such explanation as he

thought necessary.

31. Dr. Gollas’ asserted reliance on his counsel’s advice to not list the training on his CV is

insufficient to excuse his fai[ure to list that training on his application to the Medical Board for a

resident license.

32. The evidence has established by a preponderance that Dr. Gollas engaged in fraud,

misrepresentation or dishonesty in applying for his resident license in New Mexico.

ALERT J. B RBON, P.A.Nearing Officer

Date:

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