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BEFORE THE MEDICAL BOARD OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA
In the Matter of the Accusation Against:
REX GORDON JEFFRIES, M.D.
Physician's and Surgeon's Certificate No. C30352
Respondent
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Case No. 02-2012-221290
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DECISION
The attached Stipulated Settlement and Disciplinary Order is hereby adopted as the Decision 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 April 10, 2015.
IT IS SO ORDERED: March 12, 2015.
MEDICAL BOARD OF CALIFORNIA
By:9-~ Jamie Wright, J.D., Chair Panel A
1 KAMALA D. HARRIS Attorney General of California
2 JOSE R. GUERRERO Supervising Deputy Attorney General
3 MICHELLE L. ANGUS Deputy Attorney General
4 State Bar No. 210031 1300 I Street, Suite 125
5 P.O. Box 944255 Sacramento, CA 94244-2550
6 Telephone: (916) 445-2395 Facsimile: (916) 324-5205
7 Attorneys for Complainant
8 BEFORE THE MEDICAL BOARD OF CALIFORNIA
9 DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA
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In the Matter of the Accusation Against:
REX GORDON JEFFRIES, M.D. 1200 Creekside Dr., Apt. 1922 Folsom, CA 95630
14 Physician's and Surgeon's Certificate No. C 30352
15 Respondent.
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Case No. 02-2012-221290
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 Michelle L.
23 Angus, Deputy Attorney General.
24 2. Respondent Rex Gordon Jeffries, M.D. ("Respondent") is represented in this
25 proceeding by attorney Paul Chan, whose address is: 2311 Capitol A venue, Sacramento, CA
26 95816.
27 3. On or about August 5, 1968, the Medical Board of California issued Physician's and
28 Surgeon's Certificate No. C 30352 to Rex Gordon Jeffries, M.D. (Respondent). The Physician's
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STIPULATED SETTLEMENT (02-2012-221290)
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and Surgeon's Certificate was in full force and effect at all times relevant to the charges brought
in Accusation No. 02-2012-221290. The Certificate expired on June 30, 2012, and has not been
renewed.
JURISDICTION
4. Accusation No. 02-2012-221290 was filed before the Medical Board of California
(Board), Department of Consumer Affairs, and is currently pending against Respondent. The
Accusation and all other statutorily required documents were properly served on Respondent on
May 13, 2013. Respondent timely filed his Notice of Defense contesting the Accusation.
5. A copy of Accusation No. 02-2012-221290 is attached as exhibit A and incorporated
herein by reference.
ADVISEMENT AND WAIVERS
6. Respondent has carefully read, fully discussed with counsel, and understands the
charges and allegations in Accusation No. 02-2012-221290. Respondent has also carefully read,
fully discussed with counsel, and understands the effects of this Stipulated Settlement and
Disciplinary Order.
7. Respondent is fully aware of his legal rights in this matter, including the right to a
hearing on the charges and allegations in the Accusation; the right to be represented by counsel at
his own expense; the right to confront and cross-examine the witnesses against him; the right to
present evidence and to testify on his own behalf; the right to the issuance of subpoenas to compel
the attendance of witnesses and the production of documents; the right to reconsideration and
court review of an adverse decision; and all other rights accorded by the California
Administrative Procedure Act and other applicable laws.
8. Respondent voluntarily, knowingly, and intelligently waives and gives up each and
every right set forth above.
CULP ABILITY
9. Respondent understands and agrees that the charges and allegations in Accusation
No. 02-2012-221290, if proven at a hearing, constitute cause for imposing discipline upon his
Physician's and Surgeon's Certificate.
STIPULATED SETTLEMENT (02-2012-221290)
1 10. For the purpose of resolving the Accusation without the expense and uncertainty of
2 further proceedings, Respondent agrees that, at a hearing, Complainant could establish a factual
3 basis for the charges in the Accusation, and that Respondent hereby gives up his right to contest
4 those charges.
5 11. Respondent agrees that his Physician's and Surgeon's Certificate is subject to
6 discipline and he agrees to be bound by the Board's probationary terms as set forth in the
7 Disciplinary Order below.
8 CONTINGENCY
9 12. This stipulation shall be subject to approval by the Medical Board of California.
1 O Respondent understands and agrees that counsel for Complainant and the staff of the Medical
11 Board of California may communicate directly with the Board regarding this stipulation and
12 settlement, without notice to or participation by Respondent or his counsel. By signing the
13 stipulation, Respondent understands and agrees that he may not withdraw his agreement or seek
14 to rescind the stipulation prior to the time the Board considers and acts upon it. If the Board fails
15 to adopt this stipulation as its Decision and Order, the Stipulated Settlement and Disciplinary
16 Order shall be of no force or effect, except for this paragraph, it shall be inadmissible in any legal
1 7 action between the parties, and the Board shall not be disqualified from further action by having
18 considered this matter.
19 13. The parties understand and agree that Portable Document Format (PDF) and facsimile
20 copies of this Stipulated Settlement and Disciplinary Order, including Portable Document Format
21 (PDF) and facsimile signatures thereto, shall have the same force and effect as the originals.
22 14. In consideration of the foregoing admissions and stipulations, the parties agree that
23 the Board may, without further notice or formal proceeding, issue and enter the following
24 Disciplinary Order:
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STIPULATED SETTLEMENT (02-2012-221290)
1 DISCIPLINARY ORDER
2 IT IS HEREBY ORDERED that Physician's and Surgeon's Certificate No. C 30352 issued
3 to Respondent Rex Gordon Jeffries, M.D. (Respondent) is revoked. However, the revocation is
4 stayed and Respondent is placed on probation for five (5) years on the following terms and
5 conditions.
6 1. ALCOHOL - ABSTAIN FROM USE. Respondent shall abstain completely from the
7 use of products or beverages containing alcohol.
8 If Respondent has a confirmed positive biological fluid test for alcohol, Respondent shall
9 receive a notification from the Board or its designee to immediately cease the practice of
1 O medicine. The Respondent shall not resume the practice of medicine until final decision on an
11 accusation and/or a petition to revoke probation. An accusation and/or petition to revoke
12 probation shall be filed by the Board within 15 days of the notification to cease practice. If the
13 Respondent requests a hearing on the accusation and/or petition to revoke probation, the Board
14 shall provide the Respondent with a hearing within 30 days of the request, unless the Respondent
15 stipulates to a later hearing. A decision shall be received from the Administrative Law Judge or
16 the Board within 15 days unless good cause can be shown for the delay. The cessation of practice
17 shall not apply to the reduction of the probationary time period.
18 If the Board does not file an accusation or petition to revoke probation within 15 days of the
19 issuance of the notification to cease practice or does not provide Respondent with a hearing
20 within 30 days of a such a request, the notification of cease practice shall be dissolved.
21 2. BIOLOGICAL FLUID TESTING. Respondent shall immediately submit to
22 biological fluid testing, at Respondent's expense, upon request of the Board or its designee.
23 "Biological fluid testing" may include, but is not limited to, urine, blood, breathalyzer, hair
24 follicle testing, or similar drug screening approved by the Board or its designee. Prior to
25 practicing medicine, Respondent shall contract with a laboratory or service approved in advance
26 by the Board or its designee that will conduct random, unannounced, observed, biological fluid
27 testing. The contract shall require results of the tests to be transmitted by the laboratory or
28 service directly to the Board or its designee within four hours of the results becoming available.
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STIPULATED SETTLEMENT (02-2012-221290)
1 Respondent shall maintain this laboratory or service contract during the period of probation.
2 A certified copy of any laboratory test result may be received in evidence in any
3 proceedings between the Board and Respondent.
4 If Respondent fails to cooperate in a random biological fluid testing program within the
5 specified time frame, Respondent shall receive a notification from the Board or its designee to
6 immediately cease the practice of medicine. The Respondent shall not resume the practice of
7 medicine until final decision on an accusation and/or a petition to revoke probation. An
8 accusation and/or petition to revoke probation shall be filed by the Board within 15 days of the
9 notification to cease practice. If the Respondent requests a hearing on the accusation and/or
1 O petition to revoke probation, the Board shall provide the Respondent with a hearing within 30
11 days of the request, unless the Respondent stipulates to a later hearing. A decision shall be
12 received from the Administrative Law Judge or the Board within 15 days unless good cause can
13 be shown for the delay. The cessation of practice shall not apply to the reduction of the
14 probationary time period.
15 If the Board does not file an accusation or petition to revoke probation within 15 days of the
16 issuance of the notification to cease practice or does not provide Respondent with a hearing
17 within 30 days of a such a request, the notification of cease practice shall be dissolved.
18 ,., .) . PROFESSIONALISM PROGRAM (ETHICS COURSE). Within 60 calendar days of
19 the effective date of this Decision, Respondent shall enroll in a professionalism program, that
20 meets the requirements of Title 16, California Code of Regulations (CCR) section 1358.
21 Respondent shall participate in and successfully complete that program. Respondent shall
22 provide any information and documents that the program may deem pertinent. Respondent shall
23 successfully complete the classroom component of the program not later than six (6) months after
24 Respondent's initial enrollment, and the longitudinal component of the program not later than the
25 time specified by the program, but no later than one (1) year after attending the classroom
26 component. The professionalism program shall be at Respondent's expense and shall be in
27 addition to the Continuing Medical Education (CME) requirements for renewal of licensure.
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STIPULATED SETTLEMENT (02-2012-221290)
1 A professionalism program taken after the acts that gave rise to the charges in the
2 Accusation, but prior to the effective date of the Decision may, in the sole discretion of the Board
3 or its designee, be accepted towards the fulfillment of this condition if the program would have
4 been approved by the Board or its designee had the program been taken after the effective date of
5 this Decision.
6 Respondent shall submit a certification of successful completion to the Board or its
7 designee not later than 15 calendar days after successfully completing the program or not later
8 than 15 calendar days after the effective date of the Decision, whichever is later.
9 4. PSYCHIATRIC EVALUATION. Within 30 calendar days of the effective date of
1 O this Decision, and on whatever periodic basis thereafter may be required by the Board or its
11 designee, Respondent shall undergo and complete a psychiatric evaluation (and psychological
12 testing, if deemed necessary) by a Board-appointed board certified psychiatrist, who shall
13 consider any information provided by the Board or designee and any other information the
14 psychiatrist deems relevant, and shall furnish a written evaluation report to the Board or its
15 designee. Psychiatric evaluations conducted prior to the effective date of the Decision shall not
16 be accepted towards the fulfillment of this requirement. Respondent shall pay the cost of all
17 psychiatric evaluations and psychological testing.
18 Respondent shall comply with all restrictions or conditions recommended by the evaluating
19 psychiatrist within 15 calendar days after being notified by the Board or its designee.
20 5. PSYCHOTHERAPY. Within 60 calendar days of the effective date of this Decision,
21 Respondent shall submit to the Board or its designee for prior approval the name and
22 qualifications of a California-licensed board certified psychiatrist or a licensed psychologist who
23 has a doctoral degree in psychology and at least five years of postgraduate experience in the
24 diagnosis and treatment of emotional and mental disorders. Upon approval, Respondent shall
25 undergo and continue psychotherapy treatment, including any modifications to the frequency of
26 psychotherapy, until the Board or its designee deems that no further psychotherapy is necessary.
27 The psychotherapist shall consider any information provided by the Board or its designee
28 and any other information the psychotherapist deems relevant and shall furnish a written
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STIPULATED SETTLEMENT (02-2012-221290)
1 evaluation report to the Board or its designee. Respondent shall cooperate in providing the
2 psychotherapist any information and documents that the psychotherapist may deem pertinent.
3 Respondent shall have the treating psychotherapist submit quarterly status reports to the
4 Board or its designee. The Board or its designee may require Respondent to undergo psychiatric
5 evaluations by a Board-appointed board certified psychiatrist. If, prior to the completion of
6 probation, Respondent is found to be mentally unfit to resume the practice of medicine without
7 restrictions, the Board shall retain continuing jurisdiction over Respondent's license and the
8 period of probation shall be extended until the Board determines that Respondent is mentally fit
9 to resume the practice of medicine without restrictions.
1 O Respondent shall pay the cost of all psychotherapy and psychiatric evaluations.
11 6. NOTIFICATION. Within seven (7) days of the effective date of this Decision, the
12 Respondent shall provide a true copy of this Decision and Accusation to the Chief of Staff or the
13 Chief Executive Officer at every hospital where privileges or membership are extended to
14 Respondent, at any other facility where Respondent engages in the practice of medicine,
15 including all physician and locum tenens registries or other similar agencies, and to the Chief
16 Executive Officer at every insurance carrier which extends malpractice insurance coverage to
17 Respondent. Respondent shall submit proof of compliance to the Board or its designee within 15
18 calendar days.
19 This condition shall apply to any change(s) in hospitals, other facilities or insurance carrier.
20 7. SUPERVISION OF PHYSICIAN ASSISTANTS. During probation, Respondent is
21 prohibited from supervising physician assistants.
22 8. OBEY ALL LAWS. Respondent shall obey all federal, state and local laws, all rules
23 governing the practice of medicine in California and remain in full compliance with any court
24 ordered criminal probation, payments, and other orders.
25 9. QUARTERLY DECLARATIONS. Respondent shall submit quarterly declarations
26 under penalty of perjury on forms provided by the Board, stating whether there has been
27 compliance with all the conditions of probation.
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STIPULATED SETTLEMENT (02-2012-221290)
1 Respondent shall submit quarterly declarations not later than 10 calendar days after the end
2 of the preceding quarter.
3 10. GENERAL PROBATION REQUIREMENTS.
4 Compliance with Probation Unit
5 Respondent shall comply with the Board's probation unit and all terms and conditions of
6 this Decision.
7 Address Changes
8 Respondent shall, at all times, keep the Board informed of Respondent's business and
9 residence addresses, email address (if available), and telephone number. Changes of such
1 O addresses shall be immediately communicated in writing to the Board or its designee. Under no
11 circumstances shall a post office box serve as an address of record, except as allowed by Business
12 and Professions Code section 2021 (b ).
13 Place of Practice
14 Respondent shall not engage in the practice of medicine in Respondent's or patient's place
15 of residence, unless the patient resides in a skilled nursing facility or other similar licensed
16 facility.
1 7 License Renewal
18 Respondent shall maintain a current and renewed California physician's and surgeon's
19 license.
20 Travel or Residence Outside California
21 Respondent shall immediately inform the Board or its designee, in writing, of travel to any
22 areas outside the jurisdiction of California which lasts, or is contemplated to last, more than thirty
23 (30) calendar days.
24 In the event Respondent should leave the State of California to reside or to practice
25 Respondent shall notify the Board or its designee in writing 30 calendar days prior to the dates of
26 departure and return.
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STIPULATED SETTLEMENT (02-2012-221290)
1 11. INTERVIEW WITH THE BOARD OR ITS DESIGNEE. Respondent shall be
2 available in person upon request for interviews either at Respondent's place of business or at the
3 probation unit office, with or without prior notice throughout the term of probation.
4 12. NON-PRACTICE WHILE ON PROBATION. Respondent shall notify the Board or
5 its designee in writing within 15 calendar days of any periods of non-practice lasting more than
6 30 calendar days and within 15 calendar days of Respondent's return to practice. Non-practice is
7 defined as any period of time Respondent is not practicing medicine in California as defined in
8 Business and Professions Code sections 2051 and 2052 for at least 40 hours in a calendar month
9 in direct patient care, clinical activity or teaching, or other activity as approved by the Board. All
1 O time spent in an intensive training program which has been approved by the Board or its designee
11 shall not be considered non-practice. Practicing medicine in another state of the United States or
12 Federal jurisdiction while on probation with the medical licensing authority of that state or
13 jurisdiction shall not be considered non-practice. A Board-ordered suspension of practice shall
14 not be considered as a period of non-practice.
15 In the event Respondent's period of non-practice while on probation exceeds 18 calendar
16 months, Respondent shall successfully complete a clinical training program that meets the criteria
17 of Condition 18 of the current version of the Board's "Manual of Model Disciplinary Orders and
18 Disciplinary Guidelines" prior to resuming the practice of medicine.
19 Respondent's period of non-practice while on probation shall not exceed two (2) years.
20 Periods of non-practice will not apply to the reduction of the probationary term.
21 Periods of non-practice will relieve Respondent of the responsibility to comply with the
22 probationary terms and conditions with the exception of this condition and the following terms
23 and conditions of probation: Obey All Laws; and General Probation Requirements.
24 13. COMPLETION OF PROBATION. Respondent shall comply with all financial
25 obligations (e.g., restitution, probation costs) not later than 120 calendar days prior to the
26 completion of probation. Upon successful completion of probation, Respondent's certificate shall
27 be fully restored.
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STIPULATED SETTLEMENT (02-2012-221290)
14. VIOLATION OF PROBATION. Failure to fully comply with any term or condition
2 of probation is a violation of probation. If Respondent violates probation in any respect, the
3 Board, after giving Respondent notice and the opportunity to be heard, may revoke probation and
4 carry out the disciplinary order that was stayed. If an Accusation, or Petition to Revoke
5 Probation, or an Interim Suspension Order is filed against Respondent during probation, the
6 Board shall have continuing jurisdiction until the matter is final, and the period of probation shall
7 be extended until the matter is final.
8 15. LICENSE SURRENDER. Following the effective date of this Decision, if
9 Respondent ceases practicing due to retirement or health reasons or is otherwise unable to satisfy
1 O the terms and conditions of probation, Respondent may request to surrender his or her license.
11 The Board reserves the right to evaluate Respondent's request and to exercise its discretion in
12 determining whether or not to grant the request, or to take any other action deemed appropriate
13 and reasonable under the circumstances. Upon formal acceptance of the surrender, Respondent
14 shall within 15 calendar days deliver Respondent's wallet and wall certificate to the Board or its
15 designee and Respondent shall no longer practice medicine. Respondent will no longer be subject
16 to the terms and conditions of probation. If Respondent re-applies for a medical license, the
17 application shall be treated as a petition for reinstatement of a revoked certificate.
18 16. PROBATION MONITORING COSTS. Respondent shall pay the costs associated
19 with probation monitoring each and every year of probation, as designated by the Board, which
20 may be adjusted on an annual basis. Such costs shall be payable to the Medical Board of
21 California and delivered to the Board or its designee no later than January 31 of each calendar
22 year.
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STIPULATED SETTLEMENT (02-2012-221290)
2 I have carefully read the above Stipulated Settlement and Disciplinary Order and have fully
3 discussed it with my attorney, Paul Chan. 1 understand the stipulation and the effect it will have
4 on my Physician's and Surgeon's Certificate. I enter into this Stipulated Settlement and
5 Disciplinary Order voluntarily, knowingly, and intelligently, and agree to be bound by the
6 Decision and Order of the Medical Board of California.
7
8 DATED: ,FFRIES, M.D.
0 ./ Respondent
I 0 I have read and fully discussed with Respondent Rex Gordon Jeffries, M.D. the terms and
11 conditions and other matters contained in the above Stipulated Settlement and Disciplinary Order.
12 I approve its form and content.
l3 (.} /_ "-7 I
DATED: ---,1 / 2- 5:_-!j ! c(_ 14
15
16 ENDORSEMENT
17 The foregoing Stipulated Settlement and Disciplinary Order is hereby respectfully
18 submitted for consideration by the Medical Board of California.
19
20 Dated:
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27 SA2012108339
28 I 14936 I 6.doc
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Respectfully submitted,
KAMALA D. HARRIS Attorney General of California JOSE R. GUERRERO Supervising_ Deputy ~ttomey General
'7 ,7J/~' /;:;~ //-_,, //jZ/ '~ /,; , , ,- , / ,/ I./;;, - /,'
/ / . ;/ ;/ // i<c___:.J;,/j ./J:J".i'·' </ /'"-(.;- -::>r--?.,.·-·~-//,'///.~> ,,, /
MICHELLE L. /.\.NGlJS _,,/"
Deputy Attomc:y General Attorneys/or Complainant
STIPULATED SETTLEMENT (02-20 !2-221290)
Exhibit A
Accusation No. 02-2012-221290
1 KAMALA D. HARR.Is Attorney General of California
2 GAIL M. HEPPELL FILED Supervising Deputy Attorney General
3 MICHELLE L. ANGUS Deputy Attorney General
4 StateBarNo.210031 1300 I Street, Suite 125
5 P .0. Box 944255 Sacramento, CA 94244-2550
STATE OF CALIFORNIA MEDICAL BOARD OF CALIFORNIA
SACRAMENTO 0f<11~ 2o..il_ BY ~g,tii 'N' p /./'.IC. . ANALYST
6 Telephone: (916) 445-2395 Facsimile: (916) 327-2247
7 E-mail: [email protected] Attorneys for Complainant
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BEFORE THE MEDICAL BOARD OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA
In the Matter of the Accusation Against:
REX GORDON JEFFRIES, M.D. 1200 Creekside Dr., Apt. 1922 Folsom, CA 95630
15 Physician's and Surgeon's Certificate No. C 30352
16 Respondent.
17
18 Complainant alleges:
Case No. 02-2012-221290
ACCUSATION
19 PARTIES
20 1. Linda K. Whitney (Complainant) brings this Accusation solely in her official capacity
21 as the Executive Director of the Medical Board of California, Department of Consumer Affairs.
22 2. On or about August 5, 1968, the Medical Board of California issued Physician's and
23 Surgeon's Certificate Number C 30352 to Rex Gordon Jeffries, M.D. (Respondent). The
24 Physician's and Surgeon's Certificate was in full force and effect at all times relevant to the
25 charges brought herein and will expire on June 30, 2014, unless renewed.
26 Ill
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Accusation
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JURISDICTION
3. This Accusation is brought before the Medical Board of California (Board),
Department of Consumer Affairs, under the authority of the following laws. All section
references are to the Business and Professions Code unless otherwise indicated.
4. Section 2227 of the Code states:
"(a) A licensee whose matter has been heard by an administrative law judge of the Medical
Quality Hearing Panel as designated in Section 11371 of the Government Code, or whose default
has been entered, and who is found guilty, or who has entered into a stipulation for disciplinary
action with the board, may, in accordance with the provisions of this chapter:
"(1) Have his or her license revoked upon order of the board.
"(2) Have his or her right to practice suspended for a period not to exceed one year upon
order of the board.
"(3) Be placed on probation and be required to pay the costs of probation monitoring upon
order of the board.
"( 4) Be publicly reprimanded by the board. The public reprimand may include a
requirement that the licensee complete relevant educational courses approved by the board.
"(5) Have any other action taken in relation to discipline as part of an order of probation, as
the board or an administrative law judge may deem proper.
"(b) Any matter heard pursuant to subdivision (a), except for warning letters, n+edical
review or advisory conferences, professional competency examinations, continuing education
activities, and cost reimbursement associated therewith that are agreed to with the board and
successfully completed by the licensee, or other matters made confidential or privileged by
existing law, is deemed public, and shall be made available to the public by the board pursuant to
Section 803. l."
5. Section 490 of the Code provides, in pertinent part, that a board may suspend or
revoke a license on the ground that the licensee has been convicted of a crime substantially
related to the qualifications, functions, or duties of the business or profession for which the
license was issued.
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Accusation
1 6. Section 2234 of the Code states:
2 "The board shall take action against any licensee who is charged with unprofessional
3 conduct. In addition to other provisions ofthis article, unprofessional conduct includes, but is not
4 limited to, the following:
5 "(a) Violating or attempting to violate, directly or indirectly, assisting in or abetting the
6 violation of, or conspiring to violate any provision of this chapter [Chapter 5, the Medical
7 Practice Act].
8 "(b) Gross negligence.
9 "(c) Repeated negligent acts. To be repeated, there must be two or more negligent acts or
1 o omissions. An initial negligent act or omission followed by a separate and distinct departure from
11 the applicable standard of care shall constitute repeated negligent acts.
12 "(l) An initial negligent diagnosis followed by an act or omission medically appropriate for
13 that negligent diagnosis of the patient shall constitute a single negligent act.
14 "(2) When the standard of care requires a change in the diagnosis, act, or omission that
15 constitutes the negligent act described in paragraph (1), including, but not limited to, a
16 reevaluation of the diagnosis or a change in treatment, and the licensee's conduct departs from the
17 applicable standard of care, each departure constitutes a separate and distinct breach of the
18 standard of care.
19 "(d) Incompetence.
20 "(e) The commission of any act involving dishonesty or corruption which is substantially
21 related to the qualifications, functions, or duties of a physician and surgeon.
22 "(f) Any action or conduct which would have warranted the denial of a certificate."
23 7. Section 2239 of the Code states:
24 "(a) The use or prescribing for or administering to himself or herself, of any controlled
25 substance; or the use of any of the dangerous drugs specified in Section 4022, or of alcoholic
26 beverages, to the extent, or in such a manner as to be dangerous or injurious to the licensee, or to
27 any other person or to the public, or to the extent that such use impairs the ability of the licensee
28 to practice medicine safely or more than one misdemeanor or any felony involving the use,
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Accusation ,
1 consumption, or self-administration of any of the substances referred to in this section, or any
2 combination thereof, constitutes unprofessional conduct. The record of the conviction is
3 conclusive evidence of such unprofessional conduct.
4 "(b) A plea or verdict of guilty or a conviction following a plea of no lo contendere is
5 deemed to be a conviction within the meaning of this section. The Division of Medical Quality1
6 may order discipline of the licensee in accordance with Section 2227 or the Division of Licensing
7 may order the denial of the license when the time for appeal has elapsed or the judgment of
8 conviction has been affirmed on appeal or when an order granting probation is made suspending
9 imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4
1 O of the Penal Code allowing such person to withdraw his or her plea of guilty and to enter a plea of
11 not guilty, or setting aside the verdict of guilty, or dismissing the accusation, complaint,
12 information, or indictment."
13 8. California Code of Regulations, title 16, section 1360, states:
14 "For the purposes of denial, suspension or revocation of a license, certificate or permit pursuant to
15 Division 1.5 (commencing with Section 475) of the code, a crime or act shall be considered to be
16 substantially related to the qualifications, functions or duties of a person holding a license,
17 certificate or permit under the Medical Practice Act if to a substantial degree it evidences present
18 or potential unfitness of a person holding a license, certificate or permit to perform the functions
19 authorized by the license, certificate or permit in a manner consistent with the public health,
20 safety or welfare. Such crimes or acts shall include but not be limited to the following: Violating
21 or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or
22 conspiring to violate any provision of the Medical Practice Act."
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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 (Cal. 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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Accusation ,
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CAUSE FOR DISCIPLINE (Unprofessional Conduct/Excessive Use of Alcohol)
(Bus. & Prof. Code §§ 490, 2234, 2236, 2239)
4 9. Respondent is subject to disciplinary action under sections 490, 2234, 2236, and 2239
5 of the Code in that Respondent has engaged in unprofessional conduct by using alcohol in such a
6 manner as to be injurious to himself, his patients, and the public or to such an extent that said use
7 impaired his ability to practice medicine safely and Respondent was convicted of more than one
8 misdemeanor involving the use or consumption of alcohol. The circumstances are as follows:
9 10. On the evening of December 30, 2006, an officer with the Williams Police
10 Department pulled Respondent over after observing Respondent drive past another vehicle,
11 speeding at about 80 MPH on State Route 20. The officer made contact with Respondent and
12 smelled alcohol on Respondent's breath. Respondent's eyes were bloodshot and watery, and he
13 had sluned speech. The officer had Respondent perform several field sobriety tests, which
14 Respondent did not complete satisfactorily. Thereafter, Respondent completed a Preliminary
15 Alcohol Screening test by blowing into the device, and the result was .16 percent BAC.
16 11. On January 11, 2007, Misdemeanor Complaint Number CR 47846 was filed against
17 Respondent in Colusa County Superior Court charging three counts against Respondent: (1)
18 driving under the influence of alcohol and/or drugs in violation of Vehicle Code section 23 l 52(a),
19 with a special allegation of having an blood alcohol level of 0.16%; (2) driving with a blood
20 alcohol of 0.08% or higher in violation of Vehicle Code section 23152(b), with a special
21 allegation of having an blood alcohol level of 0.16%; and (3) speeding greater than 55 MPH in
22 violation of Vehicle Code section 22349(b), an infraction. On August 15, 2007, Respondent pled
23 no contest to the second charge, driving with a blood alcohol of 0.08% or higher in violation of
24 Vehicle Code section 23 l 52(b ); the remaining charges and special allegations were dismissed.
25 Respondent was then sentenced to three years probation, complete a first-time offender program,
26 and pay fines and fees.
27 12. On the evening of April 15, 2011, officers with the Folsom Police Department
28 responded to a report of a man that drove to a barber shop, stumbled into the barber shop, and
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Accusation
1 admitted to a patron that he was "drunk." Upon the officers' arrival at the barber shop, patrons
2 pointed out Respondent. The officers saw Respondent leave the barber shop, stagger toward his
3 car, get in, and start the car. The officers immediately made contact with Respondent and smelled
4 a strong odor of an alcoholic beverage. Respondent admitted to the officers that he "had way too
5 much to drink" and "[a] lot of vodka." Respondent's eyes were bloodshot and watery, and he had
6 slurred speech. The officers had Respondent perform several field sobriety tests, which
7 Respondent was unable to complete satisfactorily. Thereafter, Respondent's blood was tested for
8 BAC, and the result was .23 percent.
9 13. On May 24, 2011, Misdemeanor Complaint Number 11 T03184 was filed against
1 O Respondent in Sacramento Superior Court charging two counts against Respondent: (1) driving
11 under the influence of alcohol in violation of Vehicle Code section 23152(a) with a special
12 enhancement of a prior conviction of Vehicle Code section 23 l 52(b) within the last ten years; and
13 (2) driving with a blood alcohol content of .08% or more with special enhancements of a prior
14 conviction of Vehicle Code section 23152(b) within the last ten years and driving withs blood
15 alcohol content of 0.15% or more in violation of Vehicle Code section 23578. On January 23,
16 2012, Respondent plead no contest to the second charge, driving with a blood alcohol content of
17 0.08% or more and the special enhancements of a prior violation of Vehicle Code section
18 23152(b) and driving with a blood alcohol content of 0.15% or more in violation of Vehicle Code
19 section 23578; the remaining charges were dismissed. Respondent was placed on four years
20 probation, ordered to install an ignition interlock device on his vehicle, complete a multiple
21 offender program, and pay fines and fees.
22 14. Respondent is subject to disciplinary action under section 2239(a) in that he engaged
23 in unprofessional conduct by using alcohol and/or dangerous drugs in such a manner as to be
24 injurious to himself, his patients, and the public or to such an extent that said use impaired his
25 ability to practice medicine safely. Respondent is also subject to disciplinary action under 2234
26 in that he was convicted of more than one misdemeanor involving the use or consumption of
27 alcohol.
28 Ill
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Accusation
1 PRAYER
2 WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged,
3 and that following the hearing, the Medical Board of California issue a decision:
4 1. Revoking or suspending Physician's and Surgeon's Certificate Number C 30352,
5 issued to Rex Gordon Jeffries, M.D.
6 2 Revoking, suspending or denying approval of Rex Gordon Jeffries, M.D.'s authority
7 to supervise physician's assistants, pursuant to section 3527 of the Code;
8 3. Ordering Rex Gordon Jeffries, M.D. to pay the Medical Board of California the costs
9 of probation monitoring, if placed on probation; and
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4. Taking such other and further action as deemed necessary and proper.
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DATED: ~-M_a_y::___1_3~~~·:.~2_0_1_3~~~
SA2012108339 16 70697411.doc
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Executive Director Medical Board of California Department of Consumer Affairs State of California Complainant
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Accusation ,
