Transcription
1XAVIER BECERRA2Attorney General of CaliforniaE. A. JONES IIISupervising Deputy Attorney General34567FILEDSTATE OF CALIFORNIA.MEDICAL BOAR- & CALIFORNIA?b 20 LLSACRAMENTO ,-:Jil.BY k tJIC7t :!(}EDWARD KIMDeputy Attorney GeneralState Bar No. 195729California Department of Justice300 So. Spring Street, Suite 1702Los Angeles, CA 90013Telephone: (213) 269-6000Facsimile: (213) 897-9395Attorneys for Complainant8. ANAL.YSTBEFORE THEMEDICAL BOARD OF CALIFORNIADEPARTMENT OF CONSUMER AFFAIRSSTATE OF CALIFORNIA91011' 12131415In the Matter of the Petition to RevokeProbation Against:Case No. 800-2018-043782VAHE MICHAEL AZARIAN, M.D.1231 North Cedar StreetGlendale, CA 91207PETITION TO REVOKE PROBATIONPhysician's and Surgeon'sCertificate No. A 125140,16Respondent.1718Complainant alleges:19. 20PARTIES1.Kimberly Kirchmeyer (Complainant) brings this Petition to Revoke Probation21(Petition) solely in her official capacity as the Executive Director of the Medical Board of22California, Department of Consumer Affairs.232.On or about April 4, 2013, the Medical Board of California issued Physician's and24Surgeon's Certificate Number A 125140 to Vahe Michael Azarian, M.D. (Respondent). The25Physician's and Surgeon's Certificate was in effect at all times relevant to the charges brought26herein and will expire on February 28, 2019, unless renewed.2728DISCIPLINARY HISTORY3.In a disciplinary action entitled "In the Matter of the Accusation Against Vahe1PETITION TO REVOKE PROBATION (800-2018-043782
1Michael Azarian, M.D.," Case No. 800-2015-017850, the Medical Board of California, issued a2decision (Decision), effective June 16, 2017, in which Respondent's Physician's and Surgeon's3Certificate was revoked. However, the revocation was stayed and Respondent's Physician's and4Surgeon's Certificate was placed on probation for a period of seven (7) years with certain terms5and conditions. A copy of that decision is attached as Exhibit A and is incorporated by reference.6JURISDICTION74.This Petition to Revoke Probation is brought before the Medical Board of California8(Board), D partment of Consumer Affairs, under the authority of the following laws. All section9references are to the Business and Professions Code (Code) unless otherwise indicated.105.Section 2227 of the Code provides that a licensee who is found guilty under the11Medical Practice Act may have his or her license revoked, suspended for a period not to exceed12one year, placed on probation and required to pay the costs of probation monitoring, or such other13action taken in relation to discipline as the Board deems proper.146.15"The board shall take action against any licensee who is charged with unprofessional16conduct. In addition to other provisions of this article, unprofessional conduct includes, but is not17limited to, the following:1819Section 2234 of the Code states:'"(a) Violating or attempting to violate, directly or indirectly, assisting in or abetting theviolation of, or conspiring to violate any provision of this chapter.20"(b) Gross negligence.21"(c) Repeated negligent acts. To be repeated, there must be two or more negligent acts or22omissions. An initial negligent act or omission followed by a separate and distinct departure from23the applicable standard of care shall constitute repeated negligent acts.242526"(I) An initial negligent diagnosis followed by an act or omission.medically appropriate forthat negligent diagnosis of the patient shall constitute a single negligent act."(2) When the standard of care requires a change in the diagnosis, act, or omission that27constitutes the negligent act described in paragraph (1), including, but not limited to, a28reevaluation of the diagnosis or a change in treatment, and the licensee's conduct departs from the2PETITION TO REVOKE PROBATION (800-2018-043782
applicable standard of care, each departure constitutes a separate and distinct breach of the2standard of care.3"(d) Incompetence.4"(e) The commission of any act involving dishonesty or corruption which is substantially5related to the ·qualifications, functions, or duties of a physician and surgeon.6"(f) Any action or conduct which would have warranted the denial of a certificate.7"(g) The practice of medicine from this state into another state or country without meeting8the legal requirements of that state or country for the practice of medicine. Section 2314 shall pot9apply to this subdivision. This subdivision shall become operative upon the implementation of the1011proposed registration program described in Section 2052.5."(h) The repeated failure by a certificate holder, in the absence of good cause, to attend and12participate in an interview by the board. This subdivision shall only apply to a certificate holder13who is the subject of an investigation by the board."1415FACTUAL BACKGROUND7.Respondent began using marijuana while he was in medical school. He started using16"poppers," a slang term. given to the chemical class, alkyl nitrites, which are inhaled for17recreational purposes. Over the next several years he began to abuse Ativan, Xanax, cocaine,18methamphetamine, GHB (also known as the "date rape" drug), MDMA (a stimulant) and19ketamine (an anesthetic). He used these drugs in combination, producing a "speed ball" to "evenI20 · out" and control the agitation produced by stimulants.2122· 238.Respondent received his M.D. degree in or round 2011. That same year he began aninternal medicine residency program (Program). In or around 2013, the Program removedRespondeµt from his clinical duties, placed him on medical leave, and referred him to the Medical24Staff H alth Program due to a positive urine drug test for amphetamines and concerns about his25performance. He entered a residential drug rehabilitation program and was able to return to his26residency. However, the Program ultimately terminated him in or around 2015 due to his failure27to comply with the terms of his monitoring agreement. His termination notice stated that he was,---28being terminated from the program because " . your performance and conduct do not meet the3PETITION TO REVOKE PROBATION (800-2018-043782
1standards of professionalism and demonstrated ability to provide safe patient care." The Program2notified the Board of Respondent's termination from the program under the provisions of Code3section 805.49.After termination of his residency with the Program, Respondent worked for a chain5of urgent care facilities which had six walk-in clinics. Respondent worked at each clinic. While6at work, Respondent had two syncopal episodes while he was treating patients. The precise cause7of these episodes was not determined. Respondent's supervisor at work knew about his drug8abuse history and caused Respondent to undergo random urine testing. On or about March 11,92016, Respondent had a positive urine screen. In his explanation for the positive test, Respondent1Oclaimed that an anonymous sex partner had put drugs into his Gatorade and that is why he had a11positive urine1210.scr en.Respondent has a history of failing to complete residential treatment programs. In an13interview with the Board on or about April 11, 2016, Respondent stated that the Program first14referred him to a treatment center, but he got into a fight with another resident and left after five15days. He was able to complete O days at Michael's House, followed by intensive outpatient16therapy for four months. However, one month after he left the outpatient program, Respondent17relapsed. He was referred to the Impact Recovery Center in Pasadena, a "highly intrusive boot18camp style program with rigid rules and an extreme degree of confrontation" with its residents.19Respondent fasted 37 days before he was terminated from the program. Although Respondent20was able to complete a three-month program at Creative Care Malibu, he did have one instance of21using methamphetamine which he did "after being enticed for a week" to have sex and use drugs22with another person. After his positive drug screen in March 2016, Respondent was expelled23from his sober living facility.242511.On or about June 14, 2016, an interim suspension order (ISO) was issued restrictingRespondent from practicing medicine during the pendency of that action (800-2015-017850)26 . unless certain conditions were satisfied, including that Respondent abstain from the use of ·27controlled substances and alcohol and undergo biological fluid testing, among other terms.28Despite the ISO requirement that Respondent abstain from controlled substances and undergo4PETITION TO REVOKE PROBATION (800-2018-043782
biological fluid testing, on or about August 1, 2016, Respondent violated the terms of the ISO2when he tested positive for methamphetamines. He admitted to using the drug, attributing the3drug use to difficulties in his personal life.412.Thereafter, the Decision placed him on probation, effective June 16, 2017.5FIRST CAUSE TO REVOKE PROBATION6(Controlled Substances - Abstain From Use and Biological Fluid Testing)713.At all times after the effective date of Respondent's probation, Condition 4 stated, in8pertinent part: "CONTROLLED SUBSTANCES -ABSTAIN FROM USE. Respondent shall9abstain completely from the personal use or possession of controlled substall'ces as defined in the1OCalifornia Uniform Controlled Substances Act, dangerous drugs as defined by Business and11Professions Code section 4022, and any drugs requiring a prescription."1214.At all times after the effective date of Respondent's probation, Condition 12 stated, in13pertinent part: "BIOLOGICAL FLUID TESTING. Respondent shall immediately submit to14biological fluid testing, at respondent's expense, upon request of the Board or its designee.15'Biological fluid testing' may include, but is not limited to, urine, blood, breathalyzer, hair follicle16testing, or similar drug screening approved by the Board or its designee. Respondent shall make17daily contact with the Board or its designee to determine whether biological fluid testing is18required. Respondent shall be tested on the date of the notification as directed by the Board or its19designee. The Board may order a respondent to undergo a biological fluid test on any day, at any20time, including weekends and holidays. Except when testing on a specific date as ordered by the21Board or its designee, the scheduling of biological fluid testing shall be done on a random basis.22The cost of biological fluid testing shall be borne by the respondent."2315.Respondent's probation is·subject to revocation because he failed to comply with24Probation Condition 4, referenced above. The facts and circumstances regarding this violation25are as follows: 26272816.The allegations set forth in paragraphs 7 through 12, inclusive, above are incorporatedherein by reference as if fully set forth.17.On or about each of the following dates, Respondent submitted a biological fluid5PETITION TO REVOKE PROBATION (800-2018-043782
sample, each of which resulted in an inconclusive test result due to the oxidant content in each2sample: February 15, 2018, February 17, 2018, February 18, 2018, February 23, 2018, and3February 28, 2018. A Board employee spoke to Respondent via telephone regarding the invalid4samples submitted to the testing service, and Respondent did not have an explanation for the5invalid results. Thereafter, the Board requested that the testing service add two spedal tests, one6hair test and one blood test, to Respondent's calendar. The presence of oxidants in repeat male7urine samples iS unusual. Oxidants can interfere with testing results with respect to opiates and8tetrahydrocannabinol (THC), which is the principal psychoactive constituent of cannabis.918.On or about April 10, 2018, pursuant to the provisions of his probation, Respondent10was selected to provide a random sample pursuant to Condition 12 of his prob tion. RespondentIIprovided a hair sample which was forwarded to the United States Drug Testing Laboratories.I2Respondent's hair sample was tested, and the result was positive for amphetamines andI3methamphetamines, beyond the cut-off value. Respondent admitted to the drug use, but lleged14that it was involuntary. He explained that he allowed a homeless person to live with him and that15homeless person was using methamphetamine and contaminating his common areas including the16kitchen and living room thereby causing Respondent's positive test. Respondent's explanation is17not scientifically valid and does not explain his positive test.18SECOND CAUSE TO REVOKEPROBATION19(Compliance with Probation)2019.At all times after the effective date of Respondent's probation, Condition 20 stated, in21pertinent part: "GENERAL PROBATION REQUIREMENTS. Compliance with Probation Unit.22Respondent shall comply with the Board's probation unit."2320.Respondent's probation is subject to revocation because he failed to comply with24Probation Condition 20, referenced above. The facts and circumstances regarding this violation25are as follows:26272821.The allegations of the First Cause to Revoke Probation are incorporated here byreference as if.fully set forth.22.In addition, on or aboµt April 12, 2018, Respondent admitted to his psychotherapist6PETITION TO REVOKE PROBATION (800-2018-043782
cthat during a physician's retreat he publicly stated that there were several ways in which he was2able to beat urine tests in the past.3DISCIPLINE CONSIDERATIONS423.To determine the degree of discipline, if any, to be imposed on Respondent,5Complainant alleges that that on or about June 16, 2017, in a prior disciplinary action entitled In6the Matter of the Accusation Against Vahe Michael Azarian, M.D. before the Medical Board of7California, in Case No. 800-2015-017850, Respondent's license was revoked, the revocation was8stayed and Respondent was placed on probation for seven years for admitted allegations,9including that he (1) was unable to practice medicine safely due to mental and/or physical illness1Oaffecting competency, (2) used and administered to himself controlled substances in such a11manner as to be dangerous to others and/or to an extent that such use impaired his ability to12practice medicine, and (3) administered/possessed controlled substances. That decision is now13final and is incorporated by reference as if fully set forth.14III15161718192021222324252627287PETITION TO REVOKE PROBATION (800-2018-043782
PRAYER234WHEREFORE, 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:1.Revoking the probation that was granted by the Medical Board of California in Case5No. 800-2015-017850 and imposing the disciplinary order that was stayed thereby revoking6Physician's and Surgeon's Certificate No. A 125140 issued to Vahe Michael Azarian, M.D.;7891O.1112132.Revoking or suspending Physician's and Surgeon's Certificate No. A 125140, issuedto Vahe Michael Azarian, M.D.;3.Revoking, suspending or denying approval ofVahe Michael Azarian, M.D.'sauthority to supervise any physician assistants or advanced practice nurses;4.Ordering Vahe Michael Azarian, M.D. to pay the Medical Board of Califorµia, ifplaced on probation, the costs of probation monitoring; and5.Taking such other and further action as deemed necessary and proper.14July 26, 20181516Executive DirectorMedical Board of CaliforniaDepartment of Consumer AffairsState of cx2021222324252627288PETITION TO REVOKE PROBATION (800-2018-043782
Exhibit A·Decision and OrderMedical Board of California Case No. 800-2015-017850
BEFORE THEMEDICAL BOARD OF CALIFORNIA.DEPARTMENT OF CONSUMER AFFAIRSSTATE OF CALIFORNIAIn the Matter of the Accusati n Against: )VAHE MICHAEL AZARIAN, M.D.Physician's and Surgeon'sCertificate No. A 125140Respondent))))))))Case No. 800-2015-017850DECISION AND ORDERThe attached Stipulated Settlement and Disciplinary Order is hereby adopted as theDecision and Order of the Medical Board of California, Department of Consumer Affairs,State of California.This Decision shall become effective at 5:00 p.m. on June 16, 2017.IT IS SO ORDERED: May 18, 2017.MEDICAL BOARD OF CALIFORNIAt, J.D., ChairExbhibit A
XAVIER BECERRAAttorney General of California2E. A. JONES III,Supervising Deputy Attorney General34567EDWARD KIMDeputy Attorney GeneralState Bar No. 195729California Department of Justice300 So. Spring Street, Suite 1702Los Angeles, CA 90013Telephone: (213) 897-7336Facsimile: (213) 897-9395Attorneys for Complainant8BEFORE THEMEDICAL BOARD OF CALIFORNIADEPARTMENT OF CONSUMER AFFAIRSSTATE OF CALIFORNIA91011In the Matter-of the Accusation Against:Case No. S00-2015-01785012V AHE MICHAEL AZARIAN, M.D.1231 N. Cedar StreetGlendale, CA 91214OAHNo. 201609035813· 14STIPULATED SETTLEMENT ANDDISCIPLINARY ORDERPhysician's and Surgeon'sCertificate No. 125140.15Respondent.161718IT IS HEREBY STIPULATED AND AGREED by and between the parties to the aboveentitled proceedings that the following matters are true:1920PARTIES1.Kimberly Kirchmeyer (Complainant) is the Executive Director of the Medical Board21of California (Board). She brought this action solely in her official capacity and is represented in .22this matter by Xavier Becerra, Attorney General of the State of California, by Edward Kim,23Deputy Attorney General.24 ·2.Respondent VAHE MICHAEL AZARIAN, M.D. (Respondent) is represented inthis25proceeding by attorney Peter R. Osinoff, Esq., whose address is: 355 South Grand Avenue, Suite261750, LosAngeles, California 90071-1562.27283.On or about April 4, 2013, the Board issued Physician's and Surgeon's Certificate No.125140 to VAHE MICHAEL AZARIAN, M.D. (Respondent). The Physician's and Surgeon'sExbhibit ASTIPULATED SETTLEMENT (800-2015-017850)
Certificate was in full force and effect at all times relevant to the charges brought in Accusation2No. 800-2015-017850, and will expire on February 28, 2019, unless renewed.34JURISDICTION4.Ac usationNo. 800-2015-017850 was filed before the Board, and is currently5pending against Respondent. The Accusation and all other statutorily required documents were6properly served on Respondent on June 30, 2016. Respondent timely filed his Notice of Defense7contesting the Accusation.895.A copy of Accusation No. 800-2015-017850 is attached as exhibit A and incorporatedherein by reference.1011ADVISEMENT AND WAIVERS6.Respondent has carefully read, fully discussed with counsel, and understands the12charges and allegations in Accusation No. 800-2015-017850. Respondent has also carefully read,13fully discussed with counsel, and understands the effects of this Stipulated Settlement and14Disciplinary Order.157.Respondent is fully aware of his legal rights in this matter, including the right to a16hearing on the charges and allegations in the Accusation; the right to confront and cross-examine17the witnesses against him; the right to present evidence and to testify on his own behalf; the right\18to the issuance of subpoenas to compel the attendance of witnesses and the production of19documents; the right to reconsideration and court review of an adverse decisio11; and all other20rights accorded by the California Administrative Procedure Act and other applicable laws.21228.Respondent voluntarily, knowingly, and intelligently waives and gives up each andevery right set forth above.23242526CULP ABILITY9.Respondent admits the truth of each and every charge and allegation in AccusationNo. 800-2015-017850.10.Respondent agrees that his Physician's and Surgeon's Certificate is subject to27discipline and he agrees to be bound by the Board's probationary terms as set forth in the28Disciplinary Order below.ExbhibitA2STIPULATED SETTLEMENT (800-2015-017850)
CONTINGENCY211.This stipulation shall be subject to approval by the Medical Board of California.3Respondent understands and agrees that counsel for Complainant and the staff of the Medical4Board of CaJifomia may communicate directly with the Board regarding this stipulation and5settlement, without notfce to or participation by Respondent br his counsel. By signing the6 . stipulation, Respondent understands and grees that he may ·.not withdraw his agreement or seek7to rescind the stipulation prior to the time the Board considers and acts upon it: If the Board fails8to adopt this stipulation as its Decision and Orde,r, the Stipulated Settlement and Disciplinary9Order shall be of no force or effect, except for this paragraph, it shall be inadmissible in any legal1Oaction between the parties, and the Board shall not be disqualified from further action by having11considered ti1is matter.1212.The.parties understand and agree that Portable Document Format (PDF) and facsimile13copies of this Stipulated Settlement and Disciplinary Order, including PDF and facsimile14signatures thereto, shall have the same force and effect as the originals.151613.In consideration of the foregoing admissions and stipulations, the parties agree thatthe Board may, without further notice or formal proceeding, issue and enter the following17 · Disciplinary Order:1819DISCIPLINARY ORDERIT IS HEREBY ORDERED that Physician's and Surgeon's Certificate No. 125140 issued toM D.is revoked. However, the revocation is stayed20Respondent VAHE MICHAEL AZARIAN,21and Respondent is placed on probation for seven (7) years on the following terms and conditions.222324I.·ACTUAL SUSPENSION. As part of probation, Respondent is suspended from thepractice of medicine for thirty (30 days) after the effective date of this decision. 2.CONTROLLED SUBSTANCES - PARTIAL RESTRICTION. Respondent shall not25order, prescribe, dispense, administer, furnish, or possess any controlled substances as defined by26the California Uniform Controlled Substances Act ("Act"), except for those drugs listed in27Schedules three (III), four (IV), and five (V) of the Act, provided that, in the event that28Respondent has complied with all the terms and conditions of set forth in this order, then on theExbhibitA3STIPULATED SETTLEMENT (800-20I5-017850)
date that is one year after the effective date of this order, the above restriction on drugs listed on2Schedule two (II) of the Act shall cease to be in effect. Respondent shall not issue an oral or3written recommendation or approval to a patient or a patient's' primary caregiver for the4possession or cultivation of marijuana for the personal medical purposes of tl1e patient within the5meaning of Health and Safety Code section 11362.5. If Respondent forms the medical opinion,6after an appropri.ate prior examination and medical indication, that a patient's medical condition7may benefit from the use of marijuana, Respondent shall so inform the patient and shall refer the8patient to another physician who, following an appropriate prior examination and medical9indication, may independently issue a medically appropriate recommendation or approval for the10possession or cultivation of marijuana for the personal medical purposes of the patient within the11meaning of Health and Safety Code section 11362.5. In addition, Respondent shall inform the12patient or the patient's primary caregiver that Respondent is prohibited from issuing a13recommendation or approval for the possession or cultivation of marijuana for the personal14medical purposes of the patient and that the patient or the patient's primary caregiver may not15rely on Respondent's statements to legally possess or cultivate marijuana for the personal medical16purposes of the patient. Respondent shall fully document in the patient's chart that the patient or17the patient's primary caregiver was so informed. Nothing in this condition prohibits Respondent18from providing the patient or the patient's primary caregiver informatio;i about the possible19medical benefits resulting from the use of marijuana.20Respondent shall immediately surrender Respondent's current DEA permit to the Drug21Enforcement Administration for cancellation and reapply for a new DEA'permit limited to those22Schedules authorized by this order. Within 15 calendar days after the effective date of this23Decision, Respondent shall submit proof that Respondent has surrendered Respondent's DEA24permit to the Drug Enforcement Administration for cancellation and re-issuance. Within 1525calendar days after the effective date of issuance of a new DEA permit, Respondent shall submit a26true copy of the permit to the Board or its designee.27283.CONTROLLED SUBSTANCES-MAINTAIN RECORDS AND ACCESS TO'RECORDS AND INVENTORIES. Respondent shall maintain a record of all controlledExbhibitA4STIPULATED SETTLEMENT (800-2015-017850)
substances ordered, prescribed, dispensed, administered, or possessed by Respondent, and any2recommendation or approval which enables a patient or patient's primary caregiver to possess or3cultivate marijuana for the personal medical purposes of the patient within the meaning of Health4and Safety Code section 11362.5, during probation, showing all the following: 1) the name and5address of patient; 2) the date; 3) the character and quantity of controlled substances involved;6 · and 4) the indications and diagnosis for which the controlled substances were furnished.7Respondent shall keep these records in a separate file or ledger, in chronological order. All8records and any inventories of controlled substances shall be av ailable for immediate inspection9and copying on the premises by the Board or its designee at all times during busin.ess hours and1o11shall be retained for the entire term of probation.4.CONTROLLED SUBSTANCES - ABSTAIN FROM USE. Respondent shall abstain12completely from the personal use or possession f controlled substances as defined in the13California Uniform Controlled Substances Act, dangerous drugs as defined by Business and14Professions Code section 4022, and any drugs requiring a prescription. This prohibition does not15apply to medications lawfully prescribed to Respondent by another practitioner for a bona fide16illness or condition.17Within 15 calendar days ofreceiving any lawfully prescribed medications, Respondent18shall notify the Board or its designee of the: issuing practitioner's name, address, and telephone .19number; medication name, strength, and quantity; and issuing pharmacy name, address, and20telephone number.2122235.ALCOHOL - ABSTAIN FROM USE.· Respondent shall abstain completely from theuse of products or beverages containing alcohol. .6.PROFESSIONALISM PROGRAM CETHICS COURSE. Within 60 calendar days of24the effective date of this Decision, Respondent shall enroll in a professionalism program, that25meets the requirements of Title 16,26Respondent shall participate in and successfully complete that program. Respondent shall27provide any information and documents that the program may deem pertinent. Respondent shall28successfully complete the classroom componentof the program not later than six (6) months after alifomiaExbhibit ACode of Regulations (CCR) section 1358.5STIPULATED SETTLEMENT (800-2015-017850)
Respondent's initial enrollment, and the longitudinal component of the program not later than the2time specified by the program, but no later than one (1) year after attending the classroom3component. The professionalism program shall be at Respondent's expense and shall be in4addition to the Continuing Medical Education (CME) requirements for renewal of licensure.5A professionalism program taken after the acts that gave rise to the charges in the6Accusation, but prior to the effective date of the Decision may, in the sole discretion of the Board7or its designee, be accepted towards the fulfillment of this condition if the program would have8been approved by the Board or its designee had the program been taken after the effective date of9this Decision.1ORespondent shall submit a certification of successful completion to the Board or its11designee not later than 15 calendar days after successfully completing the program or not later12than 15 calendar days after the effective date of the Decision, whichever is later.137.-PSYCHOTHERAPY. Within 60 calendar days of the effective date of this Decision,14Rc;spondent shall submit to the Board or its designee for prior approval the name and15qualifications of a California-licensed board certified psychiatrist or a licensed psychologist who16has a doctoral degree in psychology and at least five years of postgraduate experience in the17diagnosis and treatment of emotional and mental disorders. Upon approval, Respondent shall18undergo and continue psychotherapy treatment, including any modifications to the frequenc):' of19psychotherapy, until th e Board 07 its designee deems that no further psychotherapy is necessary.20The psychotherapist shall consider any information provided by the Board or its designee21 nd any other infoimation the psychotherapist deems relevant and shall furnish a written22evaluation report to the Board or its designee. Respondent shall cooperate in providing the23psychotherapist any information and documents that the psychotherapist may deem pertinent.24Respondent shall have the treating psychotherapist submit quarterly status reports to the25Board or its designee. The Board or its designee may require Respondent to undergo psychiatric26evaluations by a Board-appointed board certified psychiatrist. If, prior to the completion of27probation, Respondent is found to be mentally unfit to resume the practice of medicine without28restrictions, the Board shall retain continuing jurisdiction over Respondent's license and theExbhibitA6STIPULATED SETTLEMENT (800-2015-017850)
period of probation shall be extended until the Board determines that Respondent is mentally fit2to resume the practice of medicine without restrictions. ·3Respondent shall pay the cost of all psychotherapy and psychiatric evaluations.48.MEDICAL EVALUATION AND TREATMENT. Within 30 calendar days of the5effective date of this Decision, and on
20 was able to complete a three-month program at Creative Care Malibu, he did have one instance of 21 using methamphetamine which he did "after being enticed for a week" to have sex and use drugs 22 with another person. After his positive drug screen in March 2016, Respondent was expelled 23 from his sober living facility. 24 11.
