RANDALL R. MURPHY Deputy Attorney General California ... Daniel K 2017-04-13_1.pdf · 3 RANDALL R. MURPHY Deputy Attorney General 4 State Bar No. 165851 California Department of Justice

1 XAVIER BACERRA Attorney General of California

2 JUDITH T. ALVARADO Supervising Deputy Attorney General

3 RANDALL R. MURPHY Deputy Attorney General

4 State Bar No. 165851 California Department of Justice

5 300 South Spring Street, Suite 1702 Los Angeles, CA 90013

6 Telephone: (213) 897-2493 Facsimile: (213) 897-9395

7 Attorneys for Complainant

8 BEFORETHE MEDICAL BOARD OF CALIFORNIA

9 DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

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11 In the Matter of the Accusation and Petition to Revoke Probation Against:

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13 DANIEL K. CHAM, M.D.

14 1014 South Marengo Avenue, Unit 6 Alhambra, California 91803

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16 Physician's and Surgeon's Certificate A86714,

1 7 Respondent.

Case No. 800-2015-016097

DEFAULT DECISION AND ORDER; DECLARATION OF SOLARIO, GARCIA, CORONA AND MURPHY IN SUPPORT; EXHIBITS

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19 FINDINGS OF FACT

20 I. On or about April 14, 2004, the Medical Board of California (Board) issued

21 Physician's and Surgeon's Certificate No. A86714 to Respondent. That Physician's and

22 Surgeon's Certificate was in full force and effect at all times relevant to the charges brought

23 herein and expired on November 30, 2015. A true and correct copy ofthat Certificate of

24 Licensure is attached hereto as Exhibit A.

25 2. On or about January 26, 2016, Complainant Kimberly Kirchmeyer, in her official

26 capacity as the Executive Director of the Medical Board of California, Department of Consumer

27 Affairs, filed Accusation and Petition to Revoke Probation No. 800-2015-016097 against Daniel

28 K. Cham, M.D. (Respondent) before the Medical Board of California.

DANIEL K. CHAM, M.D., DEFAULT DECISION & ORDER (MBC Case No. 800-2015-016097)

1 3. On or about May 2, 2016, Complainant Kimberly Kirchmeyer, in her official capacity

2 as the Executive Director of the Medical Board of California, Department of Consumer Affairs,

3 filed Amended Accusation and Petition to Revoke Probation No. 800-2015-016097 against

4 Daniel K. Cham, M.D. (Respondent) before the Medical Board of California.

5 4. On or about May 2, 2016, Michelle Solaria, an employee ofthe Complainant Agency,

6 served by Certified and First Class Mail a copy of the Accusation and Petition to Revoke

7 Probation No. 800-2015-016097, together with a Request for Discovery, Statement to

8 Respondent, two forms of a Notice of Defense and the Board's Disciplinary Guidelines to

9 Respondent's address ofrecord with the Board, which was and is 1014 S Marengo Ave., Unit 6

10 Alhambra, California 91803. (See Declaration ofMichelle Solaria, para. 3.) A copy ofthe

11 Declaration of Service and Certified Mail Receipt are attached as Exhibit B to the Declaration of

12 Michelle Solaria, and are incorporated herein by reference. The documents were returned by the

13 U.S. Postal service marked "Return to sender, Unclaimed". (!d.)

14 5. On or about May 2, 2016, Michelle Solaria, an employee ofthe Complainant Agency,

15 served by Certified and First Class Mail a copy of the Amended Accusation and Petition to

16 Revoke Probation No. 800-2015-016097, together with a Request for Discovery, Statement to

17 Respondent, two forms of a Notice ofDefense and the Board's Disciplinary Guidelines to

18 Respondent's known place ofresidence, the Los Angeles Metro Detention Center, 535 North

19 Alameda Street, Los Angeles, California 90012. (See Declaration of Michelle Solaria, para. 3.)

20 6. Service of both the Accusation and Petition to Revoke Probation and the Amended

21 Accusation and Petition to Revoke Probation were effective as a matter of law under the

22 provisions of Government Code section 11505, subdivision (c).

23 7. On or about May 6, 2016, the signed Certified Mail Receipt for the documents

24 delivered to the Los Angeles Metro Detention Center were accepted on behalf of Respondent and

25 signed for by "S. Joiner". A copy of the Certified Mail receipt is attached as Exhibit C to the

26 Declaration of Michelle Solaria, and is incorporated herein by reference.

27 8. On numerous occasions between February 1, 2016. and May 31,2016, Deputy

28 Attorney General Randall R. Murphy spoke with Respondent's criminal attorney, Victor

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DANIEL K. CHAM, M.D., DEFAULT DECISION & ORDER (MBC Case No. 800-201 5-016097)

Sherman, Esq., regarding the failure of either Respondent or his attorney to return the Notice of

2 Defense to DAG Murphy, or to the Medical Board of California. (Declaration ofRandall R.

3 Murphy (Murphy Declaration), paragraph 3.)

4 9. On or about April 1 5, 2016, Mr. Sherman filed a request for a continuance in a related

5 matter, In the Matter (~[the Interim Suspension Order Against Daniel K. Cham, MD., OAH Case

6 Number 2016031084. A true and correct copy of the e-mail sent by Mr. Sherman in that case is

7 attached to the Murphy Declaration as Exhibit A. Although Mr. Sherman represents to OAH that

8 he is Respondent's attorney, no Notice of Defense or other indicia of representation (other than

9 the e-mail) was ever received in either The Accusation and Petition to Revoke Probation, The

10 Amended Accusation/Petition to Revoke Probation or In the Matter of the Interim Suspension

11 Order Against Daniel K. Cham. The Petition for an Interim Suspension Order was granted on

12 April29, 2016.1

13 10. Government Code section 11506 states, in pertinent part:

14 "(c) The respondent shall be entitled to a hearing on the merits ifthe respondent files a

15 notice of defense, and the notice shall be deemed a specific denial of all parts of the accusation

16 not expressly admitted. Failure to file a notice of defense shall constitute a waiver of

17 respondent's right to a hearing, but the agency in its discretion may nevertheless grant a hearing."

18 11. Respondent failed to file a Notice of Defense within 15 days after service upon him

19 of both the Accusation and Petition to Revoke Probation and the Amended Accusation and

20 Petition to revoke Probation, and therefore waived his right to a hearing on the merits of the

21 Amended Accusation and Petition to Revoke Probation No. 800-2015-016097.

22 12. California Government Code section 11520 states, in pertinent part:

23 "(a) If the respondent either fails to file a notice of defense or to appear at the hearing, the

24 agency may take action based upon the respondent's express admissions or upon other evidence

25 and affidavits may be used as evidence without any notice to respondent."

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1 An Ex Parte Petition for an Interim Suspension Order was granted on April 5, 2016. A noticed hearing on the Petition was held on April 25, 2016.

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DANIEL K. CHAM, M.D., DEFAULT DECISION & ORDER (MBC Case No. 800-20 I 5-0 16097)

1 13. Pursuant to its authority under Government Code section 11520, the Board finds

2 Respondent is in default. The Board will take action without further hearing and, based on

3 Respondent's express admissions by way of default and the evidence before it, contained in

4 exhibits A and B, and the Declarations of Randall R. Murphy, DAG, and DEA Investigator

5 Veronica Corona, finds that the allegations in Amended Accusation and Petition to Revoke

6 Probation No. 800-2015-016097 are true.

7 DETERMINATION OF ISSUES

8 1. Based on the foregoing findings of fact, Respondent Daniel K. Cham, M.D. has

9 subjected his Physician's and Surgeon's Certificate No. A86714 to discipline.

10 2. A copy of the Amended Accusation and Petition to Revoke Probation and the related

11 documents and Declaration of Service are attached hereto as Exhibit B.

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3.

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The agency has jurisdiction to adjudicate this case by default.

The Medical Board of California is authorized to revoke Respondent's Physician's

and Surgeon's Certificate based upon the following violations alleged in the Amended

Accusation and Petition to Revoke Probation.

5.

FIRST CAUSE FOR DISCIPLINE (Unprofessional Conduct-Gross Negligence)

As set forth in the Accusation and Petition to Revoke Probation, attached hereto as

Exhibit B, Respondent is subject to disciplinary action under Business and Professions Code2

section 2234, subdivision b, in that Resplendent engaged in acts of gross negligence. The

circumstances are as follows:

A. Respondent engaged in the inappropriate prescribing of narcotics and controlled

drugs on an ongoing basis for profit without an examination or otherwise determining a medical

reason to prescribe opioids. See Declaration of Investigator Veronica Corona, para. 4.

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2 All Code references are to the Business and Professions Code unless otherwise indicated.

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SECOND CAUSE FOR DISCIPLINE (Unprofessional Conduct-Repeated Negligent Acts)


Exhibit B, Respondent is subject to disciplinary action under Code section 2234, subdivision c, in

that Resplendent engaged in repeated negligent acts. The circumstances are as follows:

A. Respondent repeatedly prescribed narcotics and controlled drugs on an ongoing

basis for profit without an examination or otherwise determining a medical reason to prescribe

opioids. See Declaration of Investigator Veronica Corona, para. 4.

THIRD CAUSE FOR DISCIPLINE (Prescribing Controlled Substances without Medical Indication)

7. As set forth in the Accusation and Petition to Revoke Probation, attached hereto as

12 Exhibit B, Respondent is subject to disciplinary action under section 11154 of the Health and

13 Safety Code in that Resplendent prescribed controlled substances without medical indication.

14 The circumstances are as follows:

A. Respondent repeatedly prescribed narcotics and controlled drugs on an ongoing 15

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basis for profit without medical indication, an examination or otherwise determining a medical

reason to prescribe opioids. See Declaration of Investigator Veronica Corona, para. 4.

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FOURTH CAUSE FOR DISCIPLINE (Violating Statute Regulating Controlled Substances)


21 Exhibit B, Respondent is subject to disciplinary action under section 2238 of the Code, in that he

22 violated Health and Safety Code section 11154. The circumstances are as follows:

23 A. Respondent repeatedly prescribed narcotics and controlled drugs on an ongoing

24 basis for profit without medical indication, an examination or otherwise determining a medical

25 reason to prescribe opioids. See Declaration of Investigator Veronica Corona, para. 4.

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DANIEL K. CHAM, M.D., DEFAULT DECISION & ORDER (MBC Case No. 800-2015-0 16097)

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3 9.

FIFTH CAUSE FOR DISCIPLINE (Unprofessional Conduct- Prescribing Dangerous Drugs without

Prior Examination or Medical Indication)


4 Exhibit B, Respondent is subject to disciplinary action under section 2242, subdivision (a) of the

5 Code, in that he prescribed dangerous drugs without an appropriate prior examination or medical

6 indication. The circumstances are as follows:

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A. Respondent repeatedly prescribed narcotics and controlled drugs on an ongoing

basis without medical indication, an examination or otherwise determining a medical reason to

prescribe opioids. See Declaration of Investigator Veronica Corona, para. 4.

SIXTH CAUSE FOR DISCIPLINE (Unprofessional Conduct)

12 10. As set forth in the Accusation and Petition to Revoke Probation, attached hereto as

13 Exhibit B, Respondent is subject to disciplinary action under 2234, subdivision (a), of the Code in

14 that he violated provisions ofthe Medical Practices Act. The circumstances are as follows:

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A. Respondent misrepresented his prescribing of controlled substances to the

Board. Respondent's misrepresentations are unprofessional conduct, in violation ofthe Medical

Practice Act. See Declaration of Investigator Veronica Corona, para. 4; Declaration of Ruben

Garcia, para. 2.

SEVENTH CAUSE FOR DISCIPLINE (Dishonest Acts Constituting Unprofessional Conduct)


22 Exhibit B, Respondent is subject to disciplinary action under section 2234, subdivision (e), ofthe

23 Code in that he engaged in dishonest acts substantially related to the qualifications, functions, or

24 duties of a physician and surgeon. The circumstances are as follows:

25 A. Respondent wrote prescriptions and failed to record those prescriptions in a

26 controlled substances prescription log, as required by the terms of his probation, thereby seeking

27 to hide those prescriptions from the Board. Respondent's failure to properly record the

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prescriptions was an act of dishonesty substantially related to the qualifications, functions, or

duties of a physician and surgeon and is a violation of section 2234, subdivision (e), of the Code.

See Declaration of Investigator Veronica Corona, para. 4; Declaration of Ruben Garcia, para. 2.

EIGHTH CAUSE FOR DISCIPLINE (Failure to Maintain Adequate and Accurate Records)


7 Exhibit B, Respondent is subject to disciplinary action under section 2266 of the Code in that he

8 failed to maintain adequate and accurate medical records. The circumstances are as follows:

9 A. Respondent failed to keep an accurate Controlled Substances log as required.

10 Declaration ofRuben Garcia, para. 2.

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FIRST CAUSE TO REVOKE PROBATION (Violation of Terms of Probation)

Respondent's probation is subject to revocation because he failed to comply with

14 Probation Conditions as set forth in the Accusation and Petition to Revoke Probation, attached

15 hereto as Exhibit B. The facts and circumstances regarding this violation are as follows:

16 A. Respondent failed to keep the records required by the terms of his probation

17 and is therefore in violation ofthe probationary terms. Declaration of Ruben Garcia, para. 2.

18 B. On or about August 3, 2015, a CURES report was obtained for Respondent

19 and the Controlled Substance logs that he was required to maintain as a condition of his probation

20 in Case Number 23-2008-192858 were obtained from the Board Probation Inspector charged with

21 monitoring Respondent's probation (See Declaration of Probation Monitor Rubin Garcia,

22 para. 2);

23 C. Multiple patients listed on the CURES reports as having been prescribed

24 controlled substances by Respondent were not reflected on Respondent's Controlled Substance

25 logs during 2014. Several patients were selected for further investigation, including A.A., S.B.,

26 T.M., W.P., J.R., A.C., and D.G. (See Declaration ofProbation Monitor Rubin Garcia, para. 2);

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D. On or about August 6, 2015, original prescriptions written by Respondent for

2 patients A.A., S.B., T.M., W.P., and J.R., were obtained (See Declaration of Probation Monitor

3 Rubin Garcia, para. 2);

4 E. On or about August 10, 2015, original prescriptions written by Respondent for

5 patients A.C. and D.G. were obtained (See Declaration of Probation Monitor Rubin Garcia, para.

6 2);

7 F. None ofthe original prescriptions written by Respondent for A.A., S.B., T.M.,

8 W.P., J.R., A.C., and D.G. and obtained as part of the investigation ofRespondent were listed in

9 Respondent's Controlled Substance logs submitted to the Board Probation Inspector charged with

10 monitoring Respondent's probation in 2014 (See Declaration of Probation Monitor Rubin Garcia,

11 para. 2);

12 G. The Controlled Substances log submitted to the Board Probation Inspector

13 charged with monitoring Respondent's probation, and certified as accurate by Respondent,

14 contained only 1 prescription for J.R., A.C., and D.G., but the CURES reports showed more than

15 1 prescription written by Respondent for each of those patients (See Declaration of Probation

16 Monitor Rubin Garcia, para. 2);

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H. The controlled substances log submitted to the Board Probation Inspector

charged with monitoring Respondent's probation, and certified as accurate by Respondent,

contained no record of any prescriptions for A.A., S.B., T.M., and W.P ., but the CURES reports

showed prescriptions written by Respondent for each of those patients (See Declaration of

Probation Monitor Rubin Garcia, para. 2);

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SECOND CAUSE TO REVOKE PROBATION (Obey All Laws)

Respondent's probation is subject to revocation because he failed to comply with

25 Probation Conditions as set forth in the Accusation and Petition to Revoke Probation, attached

26 hereto as Exhibit B. The facts and circumstances regarding this violation are as follows:

27 A. Respondent failed to obey all laws as required by the terms of his probation.

28 See Declaration of Investigator Veronica Corona, para. 4; Declaration of Ruben Garcia, para. 2.

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1 ORDER

2 IT IS SO ORDERED that Physician's and Surgeon's Certificate No. A86714, heretofore

3 issued to Respondent Daniel K. Cham, M.D., is revoked.

4 IT IS FURTHER ORDERED that Respondent Daniel K. Cham, M.D., pay to the Board

5 $14,751.00 in costs related to his probation monitoring and related violations.

6 Pursuant to Government Code section 11520, subdivision (c), Respondent may serve a

7 written motion requesting that the Decision be vacated and stating the grounds relied on within

8 seven (7) days after service of the Decision on Respondent. The agency in its discretion may

9 vacate the Decision and grant a hearing on a showing of good cause, as defined in the statute.

10 This Decision shall become effective on ----'-'M=aJ_y---'1=2=-->,'------=2=0-=-1-=-7 _______ _

11 It is so ORDERED. April 13, 2017.

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14 KIMBERLY KIRCHMEYER, Executive Director

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KAMALA D. HARRIS Atto.rn.ey General of California E. A. JONES III Supervising Deputy Attorney General RANDALL R. MURPHY Deputy Attorney General State Bar No . .165851

Califqrnia Department of Justice 300 South Spring Street, Suite 1702 Los Angeles, California 90013 Telephone: (213) 897"2493 Facsimile: (213) 897~9395

Attorneys for Complainant

BEFORE THE MEDICAL BOARD OF CALIFORNIA

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Amended Accusation and Petition to Revoke Probation Against:

Daniel K. Cham, M.D. 1014 S Marengo Ave., Unit 6 Alliambra, CA 91803

Physician's and Surgeon's Certificate No. A86714,

Respondent.

Complainant alleges:

Case No. 800-2015-016097

AMENDED A C C U S AT I 0 N AND PETITION TO REVOKE PROBATION

PARTIES

] , Kimberly Kirclu11eyer (Complainant) brings this Amended Accusation and Petition to

Revoke Probation solely in her official capacity as the Executive Director of the Medical Board

of California (Board).

2. On April 14, 2004, the Board issued Physician's and Surgeon's Certificate number

A86714 to Daniel K. Cham, M.D. (Respondent). That Certificate w.as in f"'ull force and effect at

aU times relevant to the charges brought herein and expired on November 30,2015.

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Amended Accusation iiiid Petition to R(lvoke Prob~tion (MBC No. 800-2015-016097)

Cham, Daniel K., M.D. 5/4/16 {3

3. In a d1sciplinary action titled 'IJn the Matter of the Accusation Against Daniel Kwok

2 Cham, MD.," Case No. 23-2008-192858, the Board issued a decision, effective Jtme 6, 2012, in

3 which Respondent's Physician1s and Surgeon's Certificate was revoked. However, that

4 revocation was stayed and his license was placed on probation for a period of five (5) years with

5 ce1iain terms and conditions. A copy of that decision is attached as Exhibit A and is incorporated

6 by reference.

7 4. In a prior investigatory matter, Case No. 20-2010-204533, the Board issued a Public

8 Letter of Reprimand, effective Septembel' 131 201 0, to Respondent.

9 JURISDIC.'TION

10 5, This Amended Accusation and Petition to Revoke Pmbation (Accusation) is brought

11 before the Board under the authority of the following provisions of the California Business a11d

12 Professions Code (Code) unless otherwise indicated.

13 6. The Medical Ptactice Act (Act) is codified at sections 2000-2521 of the Business and

14 Professions Code,

15 7. Pmsuant to Code· section 2001.1, the Board's highest priority is public protection.

16 8. Section 2004 of the Code states:

17 •<The board shall have the responsibility for the following:

18 "(a) The enforcement of the disciplinary and criminal provisions ofthe Medical

19 Practice Act.

20 "(b) The administration m1d hearing of disciplinary actions.

21 "(c) Carrying out disciplinary notions appropriate to findings made by a panel. or an

22 administmtive law judge.

23 "(d) Suspending, revoking, or otherwise limiting certificates after the conclusion of

24 disciplinary actions.

25 "(e) Reviewing the quality of medical practice carried out by physician and surgeon

26 certificate holders under the jurisdiction of the board.

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Amended Accusation and Petition to Revoke Probation (MBC No. 800-2015·016097)

Cham, Daniel K., M.D. 5/4/16

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9. Section 2227 of the Code provides that a licensee who is found guilty under the Act

may have his or her license revoked, suspended for a period not to exceed one year, placed on

probation and required to pay the costs of probation monitoring, or such other action taken in

relation to discipline as the Board deems proper.

10. Section 2234 ofthe Code, states:

''The board shall take action against any licensee who is charged with unprofessional

conduct. In addition to other provisions of this article, tmprofessional conduct includes, but is not

limited to, the following:

"(a) Violating or attempting to violate, directly or indirectly, assisting in or abetting

the violation of, or conspiring to violate any provision of this chapter.

"(b) Gross negligence.

11 (c) Repeated negligent acts. To be repeated, there must be two or more negligent

acts or omissions. An initial negligent act or omission followed by a sepamte and distinct

departure from the. applicable standard of care shall constitute repeated negligent acts.

11 (1) An initial negligent diagnosis followed by an act Ol' omission medically

appropriate for that negligent diagnosis of the patient shall constitute a.single

negligent act:

1'(2) When the standard of care requires a change in the diagnosis, act, or

omission that constitutes the negligent act described in paragraph (1), including, but

not limited to, a reevaluation of the diagnosis or a change in treatment, and the

licensee's conduct departs from the applicable standard of care, each departure

constitutes a separate and distinct breach of the standard of care.

"(d) Incompetence.

"(e) The commission of any act involving dishonesly or corruption which is

substantially related to the qualifications> functions, or duties of a physician and surgeon.

11 (f) Any action or conduct which would have warranted the denial of a certificate.

"(g) The practice of medicine from this state into another state or co\..mtry without

meeting the legal requirements of that state or country for the practice of medicine. Section 3

Amended Accusation 8hd Petition to Revoke Probation (MBC No, 800"20 15-016097)


2314 sha11 not apply to this subdivision, This subdivision shall become operative upon the

implementation of the proposed registration program described in Section 2052.5.

"(h) The repeated ffdlure by a certificate holder, in the absence of good cause; to

attend and participate in an interview by the board. This subdivision shall only apply to a

certificate holder who is the subject of an investigation by the board,"

11. Section 2242 ofthe Code states:

"(a) Prescribing, dispensingj or fmnishing dangerous drugs as defined in Section 4022

without an appropriate prior examination and a medical indication, constitutes unprofessional

conduct.

"(b) No licensee shall be fom1d to have committed unprofessional conduct within the

meaning of this section if, at the time the drugs were prescribed, dispensed, or furnished, any of

the following applies:

"(1) The licensee was a designated physician and surgeon or podiatrist serving in the

absence of the patient1s phys1cian and surgeon or podiatrist, as the case may be, and if the drugs

were pre-scribed, dispensed, or furnished only as necessary to maintain the patient until the return

of his or her practitioner, but in any case no longer than 72 hours,

"(2) The licensee transmitted the order for the drugs to a registered nmse or to a licensed

vocational nurse in an inpatient facility, and if both of the following conditions exist:

"(A) The practitioner had consulted with the registered nurse or licensed vocational

nurse who had reviewed the patient's records.

"(B) The practitioner was designated as the practitioner to serve in the absence of the

patient's physician and surgeon or podiatrist, as the case may be.

"(3) The licensee was a designated practitioner serving in the absence of the patient's

physician and surgeon or podiatrist, as the case may be; and was in possession of or had utilized

the· patient's records and ordered the renewal of a medically indicated prescription for an amount

not exceeding the original prescription in strength or an1ount or for more than one refill.

"(4) The licensee was acting in accordance with Section 120582 of the Health and Safety

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Amended Accusation and Petition to Revoke Probation (MBC No, 800-201 S-016097)


1 12. Section 2266 of the Code states: "The failure of a physician and surgeon to maintain

2 adequate and accUI'ate records relating to the provision of services to their patients constitutes

3 tU1ptofessional conduct."

4 13. Health and Safety Code section 11154 states:

5 ' "(a) Except in the tegular practice of his or her profession, no person shall knowingly

6 prescribe, administer, dispense, or furnish a controlLed substance to or for any pe1·son or animal

7 which is not under his or her treatment for a pathology or condition other than addiction to a

8 controlled substance, except as provided in this division."

9 14, Health and Safety Code section 11173 states in relevant part:

10 "(a) No person shall obtain or attempt to obtain controlled stJbstances, or procure or

11 attempt to procure the administration of or prescription for controlled substances, (1) by :fl·aud,

12 deceit, misrepresentation, or subterfuge; or (2) by the concealment of a material fact.

13 (b) No person shall make a false statement in any prescription, order, report, or

14 record, required by this division."

15 FACTS

16 15. On or about August 3, 2015, a CURES report was obtained for Respondent and the

17 Controlled Substance prescribing logs that he was required to maintain as a condition of his

18 probation in Case Number 23-2008-192858 were obtained from the Board Probation Inspector

19 charged with monitoring Respondent's probation.

20 16, Multiple patients listed on the CURES reports as having been prescribed eon trolled

21 substances by Respondent were not reflected on Respondent's Controlled Substance logs during

22 2014. Several patients were selected for further investigation, including A.A., S.B., T.M.~ W.P.~

23 J.R., A. C., and D.G.

24 17.. On or about August 6, 2015, original prescriptions written by Respondent fur patients

25 A.A., S.B., T.M., W.P., and J.R..~ were obtained.

26 18. On or about August 10, 20'15, original prescriptions written by Respondent for

27 patients A. C. and D.G. were obtained.·

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Amended Accusation.and Petition to Revoke Probation (MBC No. 800~2015-0.16097)


19. None of the original prescriptions written by Respondent for A.A., S.B ., T.M., W.P .,

2 J.R., A. C., and D.O. and obtained as part of the investigation of Respondent were listed in

3 Respondent's Controlled Substance logs submitted to the Board Probation Inspector charged with

4 monitodng Respondent's probation in 2014.

5 20. The Controlled Substances log submitted to the Board Probation Inspector chal'ged

6 with monitoring Respondent's probation, and certified as accurate by Respondent, contained only

7 1 prescription for J.R., A. C., and D.G:, but the CURES reports showed more than 1 prescription

8 · written by Respondent for each of those patients.

9 21. The controlled substances log submitted to the Board Probation Inspector charged

10 with monitoring Respondent's probation, and certified as accurate by Respondent, contained no

11 record of any prescriptions for A.A., S.B.,. T.M., and W.P., but the CURES reports showed ·

12 . prescriptions written by Respondent for each of those patients.

13 22. On or about Octo bel' 23, 2014, Respondent was arrested on numerous federal felony

14 charges involving prescribing controlled substances, including violations of: 21 U.S.C. §§ 841(a)

15 (1), (b) (l)(C), (b)(l)(E) and (b)(2) (Distribution and Possession with lntent to Distribute

16 Oxycodone, Hydrocodone, Alprazolam, and Carisoprodol; 18 U.S.C. § 1956 (a)(l)(B)(i) (Mon~y

17 Laundering); 21 U.S.C. § 843 (a)(4)(A) (False and Fraudulent Information in an Application to

18 Renew a DEA Registration Number); 18 U.S.C. § 1001 (a)(2) (False Statement to a Federal

19 Officer or Agency); 21 U.S.C. §843(a)(3) (Acquiring a Controlled Substance by

20 · Misrepresentation, Fraud, Forgery, Deception, or Subterfuge), and; 18 U.S.C. §2(a) (Aiding and

21 Abetting). (A true and cor1'ect copy of the underlying indictment and the Report Commencing

22 Criminal Action against Respondent are attached ht..·reto as Exhibit E.)

23 23. Shortly after his arrest Respondent was released on bond. On or about September 10,

24 2015, Respondent was ordered detained due to numerous violations of his Ot'der of Pretrial

25 Release. He was then remanded to the custody of the Federal Bureau of Prisons. He is currently

26 incarcerated at the Los Angeles Metropolitan Detention Center, located at 535 North Alameda

27 · Street, Los Angeles, Cruifon1ia. His petition for re-release on bond was denied.

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Amended Accusation and. Petition to Revoke Probation (MBC No. 800·20 J 5-0 16097)


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24. On or about March 24, 2016, Respondent agreed to plead guilty to counts one and ten

of the indictment in United States v. Daniel Cham, CR No. 14-59l~DDP) Case 2:14-cr-00591,

which charges defendant; as to count one, witb distribution of oxycodone, in violation of Title 21,

United States Code, Sections 841 (a)(l), (b)(l )(C); and, as to count ten, with money laundering, in

vlola6on of Title 18, United States Code, Section 1956(a)(l)(B)(i).

25. In addition to the over-prescribing that is the focus of the federal indictment,

Respondent has also been over pl'escribing dangerous drugs to many of his patients, without the

benefit of a good faith medioal examination.

26. The Board received information fl'om the Drug Enforcement Administration (DEA)

that Respondent was prescribing controlled substances without medical necessity. During the

course ofthe DENs investigation, several undercover (UC) operations were conducted.

27. During the UCs, Respondent provided the officers with prescriptions for controlled

substances without doing physical exams or tflk.ing histories. 1

28. During the UC's, Respondent would ask what medications they wtmted and what they

were :for. No physical examination took place. Respondent did the exact same thing for all

UC's.

29. Dr. C., the DBA medical expert opined that:

"In my opinion, based on the undercover DVD AUDIONIDEOS, tlwre is gross and

overwhelming evidence of inappropriate prescribing of narcotics and controlled drugs by DR

CHAM based on the types of drugs seen on C.U.R.E.S data (OPIATES, SEDATIVES,

BENZODIAZEPENES like XANAX, and ADDICTIVE MUSCLE RELAXERS like SOMA)

being prescribed. The undercover patient, MR V., who visited DR. CHAM's office, lacked any

objective obvious severe pain c.linically and never clearly presented or described his pain in a

manner that justified the need for being prescribed controlled opioid analgesic medications .. [sic]

There were no findings or clinical syndromes diagnosed, and no objective evidence of pain to

speak ofl and therefore no justification for the use of doctor prescribed opioid medication therapy.

1 The :facts set out in this port.ion of the A.tnended Accusation are based on the federal

indictment handed clown and to be produced in Discovery.

7

Amended AccusHtion and Petition to R~vokcPJ'(\bation (MBC No. 800-2015-016097)


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There was no effort by DR. CHAM to try non-addictive medications or ofl'er alternative

adjunctive modalities of therapy: The World Healili Organization recommendations for pain

treatment are that opiate analgesic treatment be limited to, and only offered after, failure to

respond to routine non-opiate medications or offer alternative adjunctive modalities of therapy.

DR. CHAM did not do regular or random urine drug screens, nor did he order labs or diagnostic

workup, and he failed to do an appropriate and focused pain evaluation in order to identify and

match whether MR. V. suffered from underlying pain generators.

HDR. CHAM's behavior is seen and heard on the UNDERCOVER DVD CD AUDIO/

VISUAL materials clearly and represents an EXTREME DEPARTURE from the standard of care

expected of a licensed practicing physician in the U.S. today. Based on these findings and the

findings of the C.U.R.E.S REPORT DATA, it is apparent that DR. CHAM's clinical approach to

pain management is primarily to prescribewhatever controlled medications ru·e requested by the

patient for profit. In addition, based on the letter of reprimand and the previous medical board

deliberatiotls released publica.lly regarding inappropriate prescribing of narcotics over the

internet, it is unlikely that DR. CHAM will Change [sic] his behavior and use his talents for the

public good. One would think that given a second Chance [sic] that he would not repeat his

actions. This history is included in this report and must be considere4 when reviewing tile current

information.>~

FIRST CAUSE FOR DISCIPLINE (Unprofessional Conduct~ Gross Negligence)

30. Respondent is subject to disciplinary action und~r Code section2234, subdivision (b),

for gross negligence in the care and treu:t:nent of patients A.A., S.B., T.M., W.P., J.R., A. C., and

D.G. The circumstatJ.ces are as follows:

31. Paragraphs 15 through 29 are incot·porated herein by reference as if fully set forth

herein.

32. Respondent failed to provide proper oversight in order to monitor the use of

controlled substances by A.A., S.B., T.M., W.P., J.R., A.C., and D.O., which constitlltes gross

negligence and is a violation of section 2234, subdivision (b).

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Amended Accusation and Petition to Revoke Probation (MBC No. 800·2015·0T6097)


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33. Respondent failed to maintain controlled substances medical records for A.A., S.B.,

T.M., W.P., J.R., A.C., and D.G., and therefore failed to provide proper oversight in order to

monitor the use of controlled substances by A.A., S.B., T.M., W.P ., J.R., A. C., and D. G., which

constitutes gross negligence and is a violation of section 2234, subdivision (b).

34. Respondent failed to perform any prior examination for the prescription of

controlled substances to A.A., S.B., T.M., and W.P., which constitutes gross negligence and is a

violation of section 2234, subdivision (b).

SECOND CAUSE FOR DISCIPLINE (U':lprofessional conduct~ Repeated Negligent Acts)

35. By reason of the matters set forth above in paragraphs 15 through 34, incorporated

herein by this reference, Respondent is subje.ct to disciplinary action under Code section 2234,

subdivision (c), for repeated negligent acis in the care and treatment of A.A., S.B., T.M., and

W.P. The circumstances are as follows:

36. Respondent did not perfonn an appropriate prior examination befor-e prescribing high

dose opioid therapy to A.A., S.B., T.M., and W.P. Respondent's failure to properly examine any

16 of the foregoing patients while prescribing numerous medications constitutes repeated negligent

17 . acts and a violation of Code section 2234, subdivision (c).

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37" Respondent failed to provide proper oversight in order to moujtor the tise of

controlled substance,q by A.A., S.B., T.M., and W.P., which, in conjunction with Respondent's

other negligent acts, constitutes a yjolation of Code section2234, subdivision (c).

38. Responde.nt's records for A.A., S.B., T.M., and W.P. show no office visits and

therefore no physical examination findings, which, in cof\iunction withR(jsponclent's other

neglige.nt acts1 constitutes a violation of Code section 2234, subdivision (c).

THIRD CAUSE ll'OR DISCIPLINE (Unprofcssiollal Conduct- .Prescribing Controlled Substances without Medical Indication)

3 9. By reason of the matters set forth above in paragraphs 15 through 3 8; incorporated

herein by this reference, Respondent is subject to disciplinary action under section 11154 of the

Health and Safety Code, in that he prescribed controlled substtmces without medical indication.

9

Amended Accusation und Petition to Revoke Pmbatlon (MBC No. 800·201 S-016097)


1 The circumstances are as follows:

2 40. Respondent never pel'formed a complete history and physical exam over the course of

3 treatment for patients A.A.t S.D., T.M., and W.P., yet continued to prescribe controlled

4 substances to those patients, which prescribing practice constitutes prescribing controlled

' 5 substances without medical indication and is a violation of Health and Safety Code section 11154.

6 41. Respondent never ordered standard tests and follow up, nor established an

7 appropriate differential diagnoses over the course of treatment for patients A.A., S.B., T.M., and

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W.P., yet continued to prescribe controlled substances to those patients, which prescribing

practice constitutes prescribing controlled substances without medical indication and is a

violation of Health and Safety Code section 11154.

FOURTH CAUSE FOR DI.SCIPLINE (Unprofessional Conduct~ Violating Statute Regulating Controlled Substances)

4 2. By reason of the matters set forth above in paragraphs 15 .through 41, incorporated

herein by this reference, Respondent is subject to disciplinary action under section 2238 of the

Code, in that he violated Health and Safety Code section 11154. The circumstances are as

follows:

43. Respondent prescribed controlled substances without medical indication to A.A.,

S.B., T.M., and W.P., which constitutes a violat~on ofHealth and Safety Code section 11154 and,

thus, section 223 8 of the Code.

FI],{'TH CAUSE I~' OR DISCIPLINE (Unprofessional Conduct w Prescribing Dangerous Drugs without

Prior Examination or Medical Indication)

22 44. By reason of the matters set forth above in paragraphs 15 through 43, incorporated

23 herein by this reference, Respondent is subject to disciplinary action under Code section 2242,

24 subdivision (a) of the Code, in that he prescribed dangerous drugs without an appropriate prior

25 examination ~md a medical indication to A.A., S.B., T.M., and W.P. The circumstances are as

26 follows:

27 45. Respondent prescribed dangerous dn1gs without pe1forming an appropriate pri~r

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Amended Accusation and Petition to Revoke PI'Obation (MBC No. 800-20l5c0.16097)


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foregoing patients while prescribing dangerous drugs to those patients constitutes a violation of

Code section 2242, subdivision (a).

46. Respondent prescribed dangerous drugs to A.A., S.B., T.M., and W.P., without

medical indication, which actions constitute a violation of Code section 2242, subdivision (a).

SIXTH CAUSE FOR DISCIPLINE (Unprofessional Conduct)

47. Respondent is subject to disciplinary action llllder Code section 2234, subdivision (a).

of the Code in that he violated provisions of the Act. The circumstances are as follows:

48. Paragraphs 15 through 46 are incorporated herein by reference as if fully set forth

herein.

49. The Medical Practice Act requires the Board to review the quality of medical practice

canied out by. physician and surgeon certificate holders. under the jurisdiction of the Board.

Respondent misrepresented his prescribing of controlled substances to the Board. Respondent's

misrep1;esentations are :unprofessional conduct, in violation of the Medical Practice Act.

SEVENTH CAUSE FOR DISCIPLINE (Dishonest Acts Constituting Unprofessional Conduct)

50. Respondent is subject to disciplinary action under section 2234, subdivision (e), of

'the Code in that he engaged in dishonest acts substantially related to the qualifications, functions,

or duties of a physician and. surgeon. The circumstances are as follows:


herein.

52. Respondent wrote proscriptions for patients A.A., S.B., T.M., W.P ., J.R., A. C., and·

D. G., and failed to record those prescriptions in a controlled substances prescription log, as

required by the terms o:f his probation, thereby seeking to hide those prescriptions from the Board,

Respondent's failure to properly record the prescriptions. was an act of dishonesty substantially

related to the qualifications, functions, or duties of a physician and surgeon and is a violation of

section 2234, subdivision (e), ofthe Code.

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Amended Accusation and Petition to RevoktJI'J'Obatton (Mi3C"'No. 800-2015-0 16DY7)


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53,

EIGHTH CAUSE FOR DISCIPLINE (Failure to Maintain Adequate and Accurate Records)

Respondent is subject to disciplinary action under section 2266 in that he failed to

maintain adequate and accurate medical records for patients A.A., S.B., T.M., W.P., J.R., A.C.,

and D.G. The circumstances are as follows:


herein.

55. Respondent failed to keep an accurate Controlled Substances log for patients A.A.,

S.B., T.M., W.P., J.R., A. C., and D.O. Respondent's failure to maintain adequate and accurate

medical records for patients A.A., S.B., T.M., W.P., J.R., A.C., and D.O., is n violation of section

2266 ofthe Code.

FIR§T CAUSE TO REVOKE PROBATION (Violation of Terms of Pt·obation)

56. Respondent's probation is subject to revocation because he failed to comply wit.1

Probation Condition F., set forth below. The facts and circumstances regarding this violation are

as follows:

57. Paragraphs 15 through 55 are incorporated herein by reference as if fuliy set forth

herein and the allegations of the First, Second and Third Causes for Discipline are incorporated

by reference as if set fotih in full.

58. At all times after the effective date of Respondent's probation, Condition F., stated in

part:

"Respondent shall maintain a record of all controJled substances ordered, pr~scribed,

dispensed, administered, or possesse~ by respondent, and any reco~endu:tion or approval which

enables a patient or patient1s primary caregiver to possess or cultivate marijuana for the personal

medical purposes ofthe patient within the meaning of Health and Safety Code section 11362.5,

during probation, showing all the following:

"1) the name and address of patient;

"2) th? date;

"3) the character and quantity of controlled substances involved; and

12

Amended Acousation'and Petition to RevokePJ•obatlon (MBCNo. 800-2015-016097)

Cham1 Daniel K., M.D. 5/4/16

1 "4) the indications and diagnosis for which the controlled substances were furnished.

2 "Respondent shall keep these t'ecords in a separate file or ledger, in chronological order. All

3 records and any inventories of controlled substances shall be available for immediate inspection

4 and copying on the premises by the Board or its designee at all times during business hours and

5 shall be reta1ned for the entire term of probation. Failure to maintain all records, to provide

6 immediate access to the inventory, '?1' to make all records available for immediate inspection and

7 copying on the premises, is a violation of probation."

8 59, Respondent failed to keep the required records and is therefore in violation ·of

9 probationary term F.

10 SECOND CAUSE TO REVOKE PROBATION

(Obey An Laws)

11 60. At all times after the effective date ofRespondent>s probation, Condition I. stated in

12 part: "Respondent shalL obey all federal, state and local laws [and] all rules governing the

13 practice of medicine in California .... "

14 61. Respondent's p1·obation is subject to revocation because he failed t~ comply with

15 Probation Condition I., referenced above. The facts and circumstances regarding this violation

16 are as :follows:

17 62. Paragraphs 15 through 59 are incorporated herein by reference as if fully set forth

18 herein and the allegations of the First, Second, Third, Fourth, Fifth, Sixth, Seventh and Eighth

19 Causes fm Discipline are incorporated by reference as if set fo1th in full.

20 PRAYER

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

22 and that following the hearing, the Medical Board of Cnlifornia issue a decision:

23 1. Revoking the probation that was granted in Case No. 23-2008-192858 and imposing

24 the disciplinary order that was stayed, thereby revoking Physician's and Sw-geon1s Certificate

25 Number A867141 issued to Daniel K. Cham, .t-4.D.;

26 2. Revoking or suspending his Physioian1s and Surgeon1s Certificate No. A86714;

27 3. Revoking, suspending or denying approval of his authority to supervise physician

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13

Amended Accusation nnd Petition to Revoke Probation (MBC No, 800~2013,016097)


1 assistants, pursuant to section 3527 of the Code;.

2 4. If placed on probation, ordering him to pay the Board the costs of probation

3 monitoring; and

4 5. Taking such other and further action as deemed neces ary and proper,

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6 DATED: ..-Ma¥--"-3-J-, _,2"""0J..J.l_...6 ____ _

7 Executive Director Medical Board of California

8 Department of Consumer Affairs State of Califomia

9 Complainant

10 LA2015602813

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Amended Accusation and Petition to Revoke Pr<Jbat!on (MBC No. 800·201 S-016097)


. . .. ···-··--- .. ···----··-··-··- . ,., ............. ______ ·----·- .. -· . ' .. ,, ____ .. , _____________ -··---·--- ......... .

EXHIBIT A Decision, No. 23-2008~192858



DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Mntter of the Accusation . Against:

) ) ) ) ) ) )

Daniel K. Cham, M.D.

Physician's and Surgeon's Certificate No. A 86714

·-----·-···. - .

. ) )

.. --·-)--------·

DECISION

.. ·----·- ···~-- -·····-··-··-·--

The attached Stipulated Settlement and Disciplinary Order is hereby ad(}pted as the Decision and Or del' of the Medical Board of California, Department of Consumer Affairs, State of California.

This Decision shall become effective at 5:00p.m. on June 6, 2012.

IT IS SO ORDERED: Ma:y 7, 2012.

MEDICAL BOARD OF CALIFORNIA

~~ Shelton Duruisseau, Ph.D., Chair Panel A


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KAMALA D. HARRIS, Attorney General of California ROBERT McKIM BELL Supervising Deputy Attorney General State Bar No. 56332 KLINT JAMES M<::KA Y Deputy Attomey Gene1·al State Bar No. 120881

300 South Spring St., Suite 1702 Lo.s Angeles, California 90013 Telephone: (213) 576 · 1327 Facsimile: (213) 897-9395



......... DEPARTMENT OF CONStJMER AFFAIRS .. -------·------------ .. STATE OF CALIFORNIA

In the Matter of the Accusation Against:

DANIEL K. CHAM, M.D. 1014 S. Marengo Avenue, Unit 6 Alhambra, California 91803

Physician & Surg(:'.on's Certificate No A 86714,

Respondent

MBC Case No. 23,2008-192858

AG Case No. LA 2010503647

OAH Case No. 2010120870

STIPULATED SETTLEMENT AND DISCIPLINARY ORDER

In the interest of a prompt and speedy settlement of this matter, conststent with the public

interest and the ·responsibl.Hty 'of the Medical Board of California of the Department of Consumer

Affairs ("Board»), the parties hereby agr~e to the following Stipulated Settlement and

Disciplinary 01·de:r which will be submitted to the Board for approval and adoption as the final

disposition of the Accusation.

PARTIES

I. Linda K. Whitney ("Complainant,) is the Executive Director of the Board, and

the Complainant in this ~atter. Ms. Whitney brought this action solely in her official capacity

and is represented in .this matter through. Kamala D. Harris, Attorney General of the State of

California, by Klint James McKay, Deputy Attorney General.

1

Stipulated Settlement und Disciplinary Ol'der


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2. Respondent Daniel K. Cham, M.D., ("Respondent'') is represented by Henry

2 Fenton of Fenton and Nelson in this proceeding.

3 3. On or aboutApril 14, 2004, the Board issued Physician and Surgeon's

4 Certificate Number A 86714 to Daniel K. Cham, M.D. (''Respondent"). The Certificate was in

5 ful1 force and effect at all times relevant to the charges brought herein. ft will expire on

6 November 30,2011, unless renew(:ld,

7 JURI~DICTION

8 4. Accusation No. 23-2008-192858 was filed before the Board, and is currently

---· ... ·-·····-·---.-.9-- .. :PYl1~.i.ng_l,!gain~L&~?P9Pd~D.:L .. Th~A.~~9~f!tion anQ_~.l) 9.th~ statL®JJ.!y..r.~g);lhed docum~!!.t~.W~Je

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properly served on Respondent on December 15, 2009. Respondent"timely filed his Notice of

. Defense contesting the Accusation. A copy of Accusation No. 23-2008-192858 is attached as

Exhibit A and incorporated herein by reference.

. ADVISEMENT AND WAIVERS

5. Respondent bas carefully read, has been given tlJe opportunity to fully discuss

the provisions hereof with counsel if he so desired, and understands the charges and allegations in

Accusation No, 23-2008-192858. Respondent has also carefully read, has been given the

opportunity to fully discuss the provisions hereofwith counsel if he so desired, and understands

the effects of this Stipul.11ted Settlement and Disciplinary Order.

6. Respondent is fully aware of his legal rights 1n 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 ctoss-examine the witnesses against hin1; 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 prod\.tction of documents; the right to reconsideration and.

court review of an adverse decision; and all other rights accorded by the Califomia

Administrative Procedure Act ~md other applicable laws ..

Respondent voluntarily, knowingly,' ru1d intelligently waives and gives up each

and every righ\ set forth above.

Ill

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Stipulate,d Settlement and Disciplinary Order


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CULPABILITY

7. Respondent 'l.mderstands and agrees that the charges and allegations in Accusation 23·

2008-1928 58, if proven at a hearing, constitute cause for imposing discipline upon his Physician

and Surgeon1s Certificate,

8.. For the pl.!r.pose of resolving the Accusation without the expense and uncertainty of

further proceedings, .Plaintiff admits that at a heal'ing, Complainant could establish a prima facie

case for each and every allegation in the Accusation; Respondent hereby gives up his right to

contest those charges.

.. ~~- ...... ~-~~P.?.~_dent agrees th~ if, i~~~ f\lt~re? ~ ~!.e.Y"..~~usation or P_etitLO!llg Revoke' ___ ,. ------~

Probation is filed against him before the Board, all of the charges and allegations contained in

Accusation No. 23-2008-19285 8 shall be deemed true, correct and fully admitted by Respondent

for purposes of any such proceeding or any other licensing p1·oceeding involving Respondent in

the State of California.

10. This Stipulated Settlement and Disciplinary Order is intended.by the parties herein to

be an integrated writing representing the complete> final and exclusive embodiment of the

agreements of the parties in the above-entitled matter.

11. Respondent agrees that his Physician and Surgeon1s Certificate is subject to discipl.ine

and he agrees to be bound by the Board1s imposition of discipline as set forth in ·the Disciplinary

Order below.

CONTINGENCY

12. This Stipulation shall be subject tci- approval by the Board. Respo11dent

under'stands and agree.s that counsel for Complainant and the staff of the Board may communicate

directly with the Board regat·uing this Stipulation and settlement, without notice to or

participation by Respondent or his counsel. By signing the Stipulation, Respondent 'lmderstands

and agrees that he may not withdraw his agreement or seek to rescind the Stipulation prior to the

time the Board considers and acts upon it. If the Board fails to adopt this Stipulation as its

Decision and Order, the Stipulated Settlement and Disciplinary Order shall be of no force or

3 -·

Stipulated Sett)ernent and Disciplltwy Order


effect, except fol' this paragraph, it shall be inadmissible in any legal action between the parties,

2 and the Board shall not be disqualified from further action by having considered this matter.

3 13. The parties understand and agree that facsimile copies of this Stipulated

4 Settlement and Disciplinary Order, including facsimile signatures thereon, shall have .the same

5 force and effect as the originals.

6 14. In consideration of the foregoing admissions and Stipulations, the parties agree .

7 that the Board may, without further notice or formal ptoce~ding, issue and enter the following

8 Disciplinary Order.

9 15. This Stipulation shall be effective, mmc pro tunc, as of January 13,2012.

10 DISCIPLINARY ORDER

11 16. IT IS HEREBY ORDERED that Physician anc! Surgeon's Certificate No, A 86714

12 issued to Respondent is 1·evoked. However, the revocation is stayed and Respondent is placed on

13 probation for five years from the date set forU1 in Paragraph 15 above, subject to the following

14 terms and conditions.

15 A. PRACTICE MONITOR

16 i. I Within 30 calendar days of the effective date of this Decision, Respondent shall

17 submit to tbe Boah·d or its. designee for prior approval as a practice monitor(s), the name and

18 qualitlcations of one or more licensed physicians and surgeons '~hose licenses are valid and in

19 good standing, and who are preferably An~ericar;t Board of Medical Specialties (ABMS) certified.

20 ii. A monitor shalt have no prior or current business or personal relationship with

21 Respondent, or other relationship that could reasonably be ~xpected to compromise the ability of

22 the monitor to render fair and unbiased reports to the Board, ·including but not limited to any form

23 of barteril1cg, shall be in Respondent's field of practice, and must agree to serve as Respondent's

24 rnonitor.

25. iii, Respondent shall pay all monitoring costs. The Board or its designee shall provide the

26 approved monitor with copies of.the Decision)and AcC\ISation, and a proposed monitoring plan.

27 Within 15 calendar days of receipt of the Dccision(s), Accusa:tion(s), and proposed monitoring

28 plan, tl1e mon1tor shall submit a signed statement tbat the monltor has read the Dec\sion(s) an.d

4

Stipulated Settlement and Disciplinary Order


\

1 AccLISation(s), fully ~Ulderstands the role of a Jponitor, and agrees or disag1·ees with the pmposed

2 mo~1ltoring plan.lf the monitor disag1·ees with the proposed monitoring plan, the monitor shall

3 :!U bmit a revised monitoring plan with the signed statement.

4 iv. Within 60 calendar days 9fthe effective date of this Decision, and continuing

5 throughout probation, Respondent's (Le., practice, billing, or practice and billing) shall be

6 monitored by the app1;oved monitor. Respondeni shall make all records available for immediate

7 inspectLon and copying on the premises by the monitor at all times during business hours and

8 shall retain the records for ihe entire t~ll'JJ1 of probation.

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which includes an evaluation of Respondent's performance, indicating whether Respondent's

practices are within the standards of practice of medicine or blllin.g, or botl1, and whether

Respondent is practicing medicine safely, billing appropriately or both. It shall be the sole

responsibility ofRespondent to ensure that the monitor submits the quarterly written repo!ts to

the Board or its designee withi11 10 calendar days after the e11d of the preceding quarter.

vi. If the monitor resigns oris no longer available, Respondent shalL, within 5 calendar

days of such resignation or unavailability, submit to the Board or hs designee, for prior approval,

the nmne and qualifications of a replacem.ent monitor who will be assuming that responsibility

within 15 calendar d1.1.ys. lf Respondent fails to obtain approval of a replacement monito1' within

60 days of the resignation or unavailability of the tnonitor, Responden.t shall be suspended from

the practice of medicine until a replacement monitor is approved and prepared to assume

immediate monitoring responsibility.

. vii. Jn the event Respondent fails to submit a replacement monitor as set forth in the

preceding paragraph, and the Board therefore desires l.o notify Respondent to therefore cea<:e the

practice of medicine) Respondent shall do so within 3 calendar days a:fter being so notified by the

Boar:d or designee. In lieu of a monitor, Respondent may participate in a professional

enhancement program equivalent to the one offered by the Physician Assessment and Clinical

Education Program at the University of California, San Diego School ofMedieinc1 tha1 includes,

at minimum, quarterly chart review, semi~ann.ual practice assessn1ent. and semi"annual review of .

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professional growth and education. Respondent shall participate in the professional enhancement

2 program at Respondent's expense during the term of probation.

3 viii. Failure to maintain all records, or to make all appropriate records available for

4 immediate inspection and copying on the premises~ OJ' to comply with this condition as outlined

5 above is a vi.olation of probation.

6 B. PRESCRIBING PRACTICES COURSE

7 Within 60 calendar days of the effective date of this Decision, Respondent shall enroll in a

8 com·se in prescribing practices, at Respondent1s expense, approved in advance by the Board or its

9 designee. Failure to successfully complete the course during the first 6 months of probation is a ·--~-·. -~- .. ··-··--·~·-·-··~ ·---··-···-. . . .. .... ··-···~-~-·-····· .. ·' .. ···-.----· ~··· ..... ___ ...... __ ·-·· ....... --.-- . .... . ... ·-· ._. ______ .......... _

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violation of probatio11. A prescribing practices cottrse taken after the acts that gave rise to the

charges in the Accusation, but prior to the effective date of the Decision may, in the sole

discretion of the Board or its designee, be accepted towards the fulfillment of this condition if the

course would have been approved by the Boal'd or its designee had the course been taken after the

effectlve date of this Decision. Respondent shall subn1it a cetiification of successful completion

to the Board or its designee not later than 15 calendar d.ays after successfully completing the

course> or not later than 15 calendar days after the effective date of the Decision, whichever is

later.

C. MEDICAL RECORD KEEPING COURSE

Within 60 calendar .days of the effective date of this decision, Respondent shall enroll in a

course in medical record keepittg, at Respondent's expense, approved in advance by the Board or

its designee. Failure to successfully complete the course during the first 6 months of probation is

a violation of probation. A medical record keeping col.U'se taken after the acts that gave rise to the

charges in the Accusation, but prior to the effective date of the Decision may, in the sole

dlscretlon of the Board or its designee, be accepted towards the fulfillment of this condition if the

course would have b.een approved by the Board or its designee had the CO\lrse been taken after the

effective date of this Decision. Respondent shall submit a cerqfication of successful completion

to the Board or its design{;le not later than 15 calendar days after successf\.1lly completing the

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course, or not later than 1.5 calendar days after the effective date of the Decision, whichever is

later.

D. ETHICS COURSE

Within 60 calendar days of the effective date of this Decision, Respondent shall enroll in a

course in ethics, at Respondent's expense, approved in advance by the Board or its designee.

Failure to successfully complete the course during the first year of probation is a violation of

probation. An ethics course taken after the acts that gave rise to the charges· in the Accusation, but

prior to the effective date of the Decision may, in the sale discretion ofthe Board or its designee,

_Q~~<::.~_@.!_e_ci)9~EIT4.?. the fulfil!m~D-_tof this_c:on~ition if th.~ c.om·~e would h<jye_ ~e~P ... ~P.P!Q.Yec!J2y_~· -·-- ...

the-Board or its designee had the course been taken after the effective date of this Decision.

Respondent shall submit a cel'tifioation of successful completion to the Board or its designee not

later than 15 calendar days after successntlly completing the course, or not later than 15 calendar

days after the effective date of the Decision, whichever is latel'.

E. EDUCA TlON COURSE

Within 60 calendar days of the effective date of this Decision, and on an annual basis

therettfter, Respondent shall submit to the Board or Jts designee for its prior approval educational

progmm(s) or course(s) which shall not be less than 40 hours per year, until such time as

Respondent successfully completes probation. The educational program(s) or course(s) shall be

aimed at correcting nny areas of deficient practice or knowledge and shall be Category 1 certified>

li1i1ited to classroom, conference, or seminar settings. 'rhe educational progmm(s) or course(s)

shall be at Respondent's expense and shall be in addition to the Continuing Medical Education

(CME) requirements for renewal of licensure. Following the completion of each course, the

Board or its designee may administer an examination to test Respondent's knowkdge of the

course. Respondent shall provide proof of attendance for 65 hours of continuing rneclical

education a1muall.y to the Board, of which 40 hours were in .satisfaction of this condition.

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F. MAINTAIN RECORDS AND ACCESS TO RECORDS AND INVENTORIES OF

2 CO~TROLLED SUBSTANCES

3 Respondent shall maintain a record of all controlled suqstances ord~red, prescribed,

4 dispensed, administered, or possessed by respondent, and any recommendation or approval which

5 enabl~s a patient or patient's primary caregiver to possess or cultivate marijuana for the personal

6 medical purposes of the patient within the meaning of HeaLth and Safety Code section 1 J 362.5,

7 during probation, showing all the following;

8 1) the name and address of patient;

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3) the character and quantity of controlled substances involved; and

4) the indications and diagnosis for which the controlled substances were furnished.

Respondent shall keep these records in a separate file or ledger; in cluonologkal order. All

recotds and any inventories of controlled substances shall be available for immediate inspection

and copying on the premises by the Board or its designee at all times d1u-ing business hours and

shall be retained for the entire term of probation. Failure to maintain all records, to provide

immediate access to the inventory, or to make all records available for immediate inspection and

copying on the premises) is a violation of probation.

G. NO TELEBEALTH OR TELEMEDICINE

Respondent shall not participate in nor provide telehealth services, as deftned in Califomia

Business and Professions Code section 2290.5, nor telemedicine services of !Uly other type,

Telemedicine, as used herein, means the provision of medical servkes, including but not limited

to patient examination, diagnosis, treatment, and/or prescription of drugs, by any method in which

the patient is not physically present in the same room as Respo!'lclent.

H. NOTIFICATION

Prior to engaging in the practice of medicine, the Respondent shall provide a true copy of

the Decision and Accusation to the Chief of Staff or the Chief Executive Officer at every hospital

where privileges or membership are extended to Respondent, at any other facility where

Respondent engages in the practice of medicine, including all physician and locum tenens

Stipulotod Settlement and Dis()!p\inary Order


registries or other similar agencies1 and to the Chief Executive Ofiicer at every insurance ~aiTier

2 which extends malpractice insurance coverage to Respondent Respondent shall submit proof of

3 compliance to the Board or its designee within 15 calendar days.

4 This condition shall apply to any change(s) in hospitals, other facilities or insurance carder.

5 I. OBEY ALL LAWS

6 Respondent shall obey all federal, state and local laws, all rules governing the practice of

7 medicine in California, and remain in f·ull compliance with any court ordered criminal probation,

8 payments and other orders,

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10 Respondent shall submit quarterly declarations W1der pertalty ofpe!jury on fonns provided

11 by the Board, stating whether there·has been compliance with all the conditions of probation,

12 Respondent shall submit quarterly declarations not later than 10 calendar days after the end of the.

13 preceding quarter,

14 K. PROBATION UNIT COMPLIANCE

15 L Respondent shall comply with the Board's probation unit. .Respondent shall1 at all times,

16 keep the Board informed of Respondent's business and residence add1·esses. Changes of such

17 addresses shall be immediately communicated in writing to the Board or its designee. Under no

18 c:ircun1stances shall a. post oft'ice box serve as 'an address of record~ except as allowed by Business

19 and Professions Code section202l(b).

20 ii. Respondent shall not engage in the practice of medicine in Respondent's place of

21 residence, Respondent shallm.a.intain a current and renewed California physician and smgeon's

22 license.

23 iii. Respondent shall inunediatdy inform the Board, or its deHignee, in writing, of travel to

24 a11y areas outside the jurisdiction of California which lasts~ or is contemplated to last1 more than

25 3 0 c:~.lenciar days.

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Stipulated Settlom~nt and Disciplinary Ordel'


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L. INTERVIEW WITH THE BOARD OR ITS DESIGNEE

Respondent shall be available in pe!'son for interviews either at Respondent's place of

business or at the probation \.U1it office, with the Board or its designee, upon request at various

intervals, and either with or without prior notice throughout the term of probation.

M. RESIDrNG OR PRACTICING OUT~OF-STATE .

i. In the event Respondent should leave the State of California to reside or to practice,

Respondent shall notify the Board or its designee in writing 30 calendar days prior to the dates of

clepartme and return. Non-practice is defined as any period bf time exceeding 30 calendar days in

which Respondent is not engaging in any activities defined in Sections 2051 and 2052 of the ··--····· ... ·····-····-··-~--~---···--·--..-- . ------· . ··-~-- . ,., ______ ····-~-------~---------····--·----·-----·-~·---------

Business and Professions Code.

ii. All time spent in an intensive training program outside the State of California which has

been approved by the Board or its designee shall be considered as time spent in the practice of

medicine within the State. A Board-ordered suspension of practice shall not be considered as a

period of non-practice. Periods o'ftemporary or permanent residence or practice :outside

Califol'nia will not apply to the reduction of the probationary term. Periods·oftemporary or

permanent residence or practice outside California will relieve Respondent of the responsibility to

comply with the probationary terms and conditions with the exception of this condition and the

fo'ilowing terms and conditions of probation: Obey All Laws; Probation 'Unit Compliance; and

Cost Recov~ry.

iii. Respondent's license shall be automatically cancelled if Respondent's periods of

temporary or permanent residence or practice outside California total two years. However,

Respondent's license shall not be cancelled as long as Respondent is residing and practicing

medicine in another state of the United States and is on active probation with tbe medical

licensing authority of that state, in which case the two year period shall begin on the date

25 . probation is completed or terminated in that state.

26 N. FAILURE TO PRACTICE MEDICINE- CALIFORNIA RESIDENT

27 i. In the event Respondent resides in the State of California and for any reason Respondent

28 stops practicing medicine in Califomia) Respondent shall notify the Bomd. or its designee in

10 StipUiflted Settlement and DisciplinaT)' Order


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writing within 3 0 calendar days prior to the dates of non-practice and return to practice. Any

period of non-practice wlthin California, as defined in this condition, will not apply to the

reduction of the probationary term and does not relieve Respondent of the responsibility to

. comply with the tenns and conditions of probation. Non-practice js defined as any period of time

exceeding 30 calendar days in which Respondent is not engaging in any activities defined in '

sections 2051 and 2052 of the Business and Professions Code,

· ii. All time spent in an intensive training program which hp,s been approved by the Board

or its designee shall be considered time spent in the practice of medicine. For purposes of this

.. ~~~~i~~.on, notl:.P!.actice due _t_~. a B?~d-order_:~-s~p~nsion or in .c~>!J1Rli~!_~ wit~ anx_ ot~-~L .. _ .

condition of probation, shall not be considered a pel'iod ofnon ... practice.

iii. Respondent's license shall be automatically canceled if Respondent resides in California

and for a total of two years, fails to engage in California in any of the activities described in

Business and Professions Code sections 2051 and 2052.

0. COMPLETION OF FROBA TION Respondent shall comply with all financial

obligations (e.g., cost recovery, restitution, probation costs) not later thail 120 calendar days prior

to the completion of probation. Upon successful completion ofprob.ation, Respondent's

ce1tificate shall be fully restored.

P. VIOLATION OF PROBATION Failure to fully comply with any term or condition

of probation is a violation of probation. If Respondent violates probation in any respect, the

Board, after giving Respondent notice and the opportunity to be heard, may revoke probation and

carry out the disciplinary order that was stayed. If an Accusation, Petition to Revoke r.)robation,

or an Interim Suspension Order is filed against Respondent during probation, the Board shall have

continuing jurisdiction until the matte1· is fmal, and_the period of probation shall be extended until

the matter is final.

Q. LICENSE ·suRRENDER Following the effective date of this Decision, if

Respondent ceases practicing due to retirement, health reasons m is otherwise unable to satisfy

th~ terms and conditions of probation, Respondent may request the voluntary surreJJder of.

Respondent's license. The .Board reserves the right to evaluate Respondent's request and to

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t.J:x.erclse its d!scretlon whether or not to grant the request, or to take MY other act.ion deemed

appropriate and roason!lblo undm·lhe circumstances. Upon.formal!lcceptance of fue surrender,

Respondent shall within 15 calendar days deliver Respondent's wa.llel and wall certificate to the

Board or Its designee and Respondent sh~ll no longer p.ractlce medlclnc, Respond em wili no

longer be subj~ct to the temts and conditions of probation und the surrender ofResponden1's

Hoense shall be deemed disciplinary action. If Respondent re applles for a medim:l license, the.

application shall be treated as a petition for reinstatement of n revokod certificate,

: --~~-. -PROB-A'TlON''M'ONJTOR!NG-cosrs--Respumlent sltall·-p-ay·tJre~Josts-assooiatod-----.... _______ ---·-

with probation monitoring ench and every ye.nr of probation, as dt~slgnated by the Board, which

mny be adjusted on an annll!,l] basis. Such costs shall be payable to the Medical Board of

California and delivered to the Board or its designee no Inter thM )nnuary 31 of oacb calendar

yeal'. Failure to pay costs wlthln 30 calendar days of the due date is a violation of probation. ·

ACCEPTANCE

I have oaret\1lly read the above Stipulated Settlement illld Disciplinary Order and have fully

discu$sed it with my attorney, Henry Fenlon, I understand the Stipulation and the effect lt will

have <Jn my Physician and Surgeon's Certifiontc. I enter ln1o this Stlpulated Settlcm!lnt und

Disciplinary Order voluntarily, knowingly, and Intelligently, and agree to be bound by the

Dooislon and Order of thll M~\cal BolU'd of Callfomla.

DATm,!Jl""'-!LL -d::~L .DANIEL K. C.HAM; M.D., Respondent

I have read and fully dlscussed the tenns m1d condttions and other mutters

contained ln tbe abov~ Stipulated Scttlcl!lont and Dlsolplinnry Order with Daniel K, Ch!lm, M.D.

[ upprove its fom\ I:IJ'ld oontent.

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ENDORSEMENT

The foregoing Stipulated Settlement and Disciplinary Order is hereby

l'espectfully submitted for consideration by the Medical Board of Califorrua.

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28 Matl\)1' lD Number: 23<W08-19285S

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Stipu\at.ed Settlement atld Discipllnury Ot·dcr .

-Cham, Daniel K., M.D. 5/4/16'

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EXHIBIT A

Accusation No. 23-2008~192858

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EDMUND G. BROWN, JR. Attorney General of California KLJNT JAMES MCKAY Deputy Attomey General State Bar No. 120831

300 So. Spring Street, Suite 1702 Los Angeles, Califomia 900 1'3 Tele.phone: (213) 576-1327

· FacsJmile: (213) 897-9395 E-mail: Klint.McKay@doj .ca.gov


FILeD STATE OF CAI..IF~NIA

MeOtCAl. SOARD OF CALIFORNIA SACRAMENTO sger; QB 2CJ.Q.. BV:~.t.?r-t:t~~Mt:lc ANALYST

. BEFORETHE 8 MEDlCAL BOARD OF CALIFORNIA

---..... ~--·-·--·-·-9"" ···-····-----·---··-------.P.FART~1~~-%~-~~~fib~/FEAIE,.S. __________ ·-·---·-·· ...

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In the Matter ofthe Accusation Against:

DANIEL K. CHAM, M.D. 1014 S. Marengo Avenue, Unit 6 Alhrunbra, California 91803

Physician's & Surgeon's Certificate No A 86714,

Ros ondcnt

Complainant alleges:

Case No. 23-2008-192858

ACCUSATION

PARTIE~ ·

19 1. Linda K. Whitney (Complainant) brings this Accusation solely in her official capacity

20 as the Executive Director .of the Medical Board of California ("Board").

21 2. On or about April14, 2004, the Board issued Physician's and Surgeon's Ce1tificate

22 number A 86714 to Daniel K.. Cham, M.D. ("Respondent"). The Certificate was· in full .force and

/..3 effect at all tim({s relevant to the chm·ges brought herein. Jt will exphe on November 30, 2011,

24 unless renewed.·

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ACCUSATION


.JURISDICTION

2 3. This Accusation is brought before the Board under the authority of the following

3 laws. All section references are to the Business and Professions Code ("Code") unless otherwise

4 indicated.

5 ~TATUTORY :PROVISIONS

6 4. Section 2227 of the Code ::~tates:

7 . "(a) A licensee whose matter has been heard by an administrative law judge of the

8 Medical Quality Heal'ing PB.Uel as designated in Section 113 71 of the Government Code, or

-------9-whose default has been entel'ed, and who is found guilty, or who has entered into a stlpulatior!Tor·

10 disciplinary action with th~ dlvision, 1 may, in accordance with the provisions ofthis chapter:

11 "(I) Have his or her license revoked upon order of the division.

12 "(2) Have his other right to practice suspe11ded for a period not to exceed one year upon

13 order of the division.

14 "(3) Be placed on probation and be required to pay the costs of probation monitot'ing upon

15 order of the djvis£on.

16 "(4) Be publicJy reprimanded by the division.

17 "(5) Have any other action taken in relation to discipline as part of an order of prob~tion,

18 as the division or EU1 administrative law judge may deem proper.

19 "(b) Any mattet· heard pursuant to subdivision (a), except for waming letters, medical

20 review or advisory conferemces, professioM1 competency examinations, continuing education

21 activitles, and cost reimbursement associated therewith that ru·e agreed to with the division and

22 successfully completed by the licensee) or other matters made (',onfidential or privileged by

23 existing law, is dDcmed public, and shall be made available to the public by the board pursuant to

24 Soction803.1.

25 '16

1 Cullfomla Buslness and Professlonfi Code section 2002, as amended and effective January I, 2008, "' . provides that, unless otberwlse expressly provided. the te1m "board" ~s used in the State Medical PJ·actice Act (Cal.

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Bus. & Prof. Code, §§2000, et seq.) mean~ the "Medicnl Board of .California," and references to the "Division of Medlen] Quality" and "Division of Licensing" in the Act or any otlw pro~ is ion of law shall be deemed to refer to the Dourd.

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ACCUSATION


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5. Section 2228 of the Code states:

"The authority of the board or a division of the board or the California Board of Podiatric

Medicine to discipline a licensee by placing him or her on probation includes, but is not limited to

the following:

"(a) Requiring the licensee to obtain additional prbfessional training and to pass an

examination upon the completion of the training. The examination may be' written or oral, 'or

both, and may be a pxactical or clinical examination, or both, at the optiop of the board or divisjon

or the administrative law judge.

··"(b) ·Kequirinr,(thi;"licensee to·subm1no·a-complerectmgnosticexamination\Jy one or more

physicians and surgeot1s appointed by the division. If an examination is ordered, the board or

division shall receive and consider any other report of a complete diagnostic examination given

by one or more physicians and surgeons of the licensee's choice,

11( c) Re.stricting or limiting the extent, scope, or type of practice. of the licensee, including

requiring notice to applicable patients that the licensee is unable to perform the indicated

treatment, where appropriate.

"(d) Providing the option of alternative community service in cases other than violations

relating to quality of care, as defined by the Division of Medical Quality.

6. Section 2234 of the Code states:

"The Division of Medical Quality shall take, action against any licensee who is charged with

unprofessional conduct. In addition to other provisions of this article, unprofessional conduct

includes, but is not limited to, the following:

"(a) Violating or attempting to violate, directly or indirectly, assisting in or abetting the

violation of, or conspiring to violate any provision of this chapter (Chapter 5, the Medical

Practice Act].

"(b) (Jross negligence.

"(c) Repeated negligent acts. To be repe~ted, there must be two or more negligent acts or

omissions. An initial negligent act or omission followed by a separate and distinct departure from

the applicable standard of care shall constitute l'(}pea'ted negligent acts.

3

ACCUSATION


"(l) An initial negligent diagnosis followed by an aot or omission medically appropriate

2 for that neg! igent diagnosis of th~ patient shall conStitute a single negligent act.

3 "(2) When the standard of cm·e requires a change in the diagnosis, act, or omission that

4 constitutes 1he negligent ·act described in paragraph ( 1 ), including, but not limited to, a

5 reevaluation of the diagnosis or n change in treatment, and the licensee's conduct departs from the

6 applicable standard of cat•e, each departure constitUtes a separate and distinct breach of the

1 standard of care.

8 ''(d) lnoompotence. ~~-~ ............... _,.~····

9 .......... ,;(~). Tl~~·~;intllisSfon of any aot involving dishonesty or corrt1pt1on-wlilch 1s-~citi0stanually--1 0 t'elatod to the qualif1oations, nmoti.ons, or duties of a physician and surgeon.

11 "(f) Any action'or conduct which would have wananted the denial of a certificate,"

12 7, Section 223 8 of the Code s1ates:

13 "A violation of any federal statute or federal tegulation or any of the statutes or regulations

14 of'this state regulating dangerous drugs or controlled substances constitutes unprofessional

1 5 conduct."

16 8. Section 2266 ofthe Code states: "The failure of a physician and SUl'geon to maintain

17 adequate and accurate records relating to the provision of services to their patients constitutes

18 . unprofessional conduct."

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FIRST GAUSE !!'Q:R DlSC1PLlNE (Gross Negligence aa to Patient S.C.~)

9. Respondent is subject to disciplinary action fol' unpJ·ofessional sonduct pursuant to

Business and Professions Code sections 2234(b) based on his failllre to examlne S.C. before

prescribing drugs to. him. The facts and circumstances are as follows:

A. Respondent initially t:valuated S.C., a 34-year··old man, on May 7, 2008

tlu·ough Delta Health> an internet medical practice service bascxl in Florida: Ddta referred

patients to physicians in the same geographic area, Respondent performed a telephone

1· Each Patient is referenced by initials to protect their privacy.

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ACCUSATION


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consultation with the patient. Respondent's notes from Delta Health on this visit consists of one

line. He wrote, ''34 yo m If knee tenden1ess deer rom patella femoral syndrome." He did not see

this patient in person. Nonetheless, Respondent prescribed Hydrocodone/ APAP 1 0/325mg

(Norco 1 0) #90 tablets after this phone consultation.

B. Subsequently, Respondent made another phone consultation with the patient on June

9, 2008, Respondent wrote, "lf knee arthropathy s/p football aol and. work related mel :fi~om fall

deer ambulation 8-9/1 0." Respondent prescribed Norco 10 again #90 tablets. He did not see the

patient in person before or after either of these phone consultations.

.. -H-----·-c.-··---Respor:;-dent prescribed a total0f62"6 doses-of Hydrocodone during this two-month

time period.

D. S.C. personally selected hydrocodone as his medication choice from the Delta

website. During S.C.'s phone conversation with Respondent, Respondent did not offer or

recommend any other medication and Respondent did not provide a treatment plan.

E. S.C.' was charged a $200 consultation fee to speak wi.th Respondent. He said

Respol1dent spoke to him on the second coi1sultation as if he did not know him and had no1

prescribed to him in the past. The patient said Respondent did uot ask him t'lnY follow up

qu.e.~tions about how the medication had worked from the first prescription. At no time did tho

patient meet with Respondent or anyone associated with Respondent or Delta Health before or ,.

after being prescribed the hydrocodone.

10. Respondent's prescription of controlled <lUd dange.x·ous drugs without any

examination or treatment plan constitutes gr.oss negligence within the meaning of Code sectio11

2234(b).

SECOND CAUSE FOR DISCp>l,INE (Repeated Negligent Acts as to Patient S.C.)

11. Respondent is subject to disciplinary action for .repeated negiigent acts pursuant to

Business and Professions Code section 2234(c) based on the facts set forth above.

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5 ACCUSATION


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THIRD CAUSE FOB.DISCJPLlNE (Record Keeping as to PatientS, C,)

3 12. Respondent is subject to disciplinary action for unprofessional conduct pursuant to

4 Business and Professions Code section 2266 due to his failure to maintain adequate and accurate

5 records relating to the pxovisio!J. of services to Patient S.C.> based on the facts set forth in the First

6 Cause for Discipline.

7 FOURTH CAUSEFORDISCIPLINE

"--------·------~-~--11----------------------(Qr9S.~_Neg!!gence as to Patient P.D.l) -·------·-----~--·-·---·- ~---·-~·-

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10 13, Respondent is subject to disciplinary action for unprofessional oonduct pursuanl to

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Business and Professions Code sections 2234(b) based on his failure to examine P.D. before

prescribing drugs to her, and Respondent's further failul'e to develop a treatment plan or

othe1wi~e follow up with her, The facts and circ\ltnstances are as follows:

I4 A. Respondent first saw P .D., a 43-yeru·"old woman, on a home visit on March 19, 2008

15 through the Delta Health program. Respondent used his New Ima~e Clinic preprinted progress

l6 notes to write up this visit. The patient's chief complaints were headache and n~ck pain.

17 Respondent described the headaches as bandlike and what appears to be "occipital 11• There is no

18 other history for the neck pain.

19 B. Thus, for the headache and the neck pain, there is no othel' history documented as to

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the sevedty of the symptoms, when they started, how often. the patient experienced the symptoms,

what made tbe headaches or neck pain better, what made them worse, what. associated symptoms

tbe patient had, what workup was performed in the past fol' thf'_..ni, what consultations, if any were

done for them.

24 C. On the physical exam, no vital signs were recorded. Respondent checked off that he

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performed a general appearance, chest, cardiovascular and !rpine exam. The assessment was

cervical spasm secondary to another ailment, headache ~ occipltal, and GAD (generalized anxiety

3 Each Patient is referenced by initials to protect theit prlvacy.

6

ACCUSATION


disol'der). The plan was diet/fluid/exercise/ bed rest Vicodin, Valium, and behavior modii1cation. ·

2 The patient was to RTC (return to clinic) in 3 months and other recommendations were

3 "observation"· and "continuing present management."

4 D. Subsequently, Respondent made seven phone consultations through Delta Health with

5 this patient on a monthly basis over the ensuing seven months. None of these phone consultations

6 were followed up by a face-to~face visit, and Respondent's notes were minimal. None contained

'1 a medJoally sufficient analysis of the patient's subjective complaint, objective obseJ"vation,

8 analysis or plan.

----·----------·---- 9 - --E~·-· 'A.'fter each.ofthese-phoue''co!~suTtatfons~ Respondent would prescril)ethe p'atTe:nc-- -·----·--·· 10 APAP/Hydrocodonc Bitartrate (Vicodin ES) #90 tablets, In addition, after some of the phone

11 consultations, Respondent would also prescribe diazepam (Valium) 10 mg #60. In total,

12 Respondent prescribed Vicodin ES #90 on nine separate occasions and Valium #60 on three

13 occasions over thi.s approximately seven month period.

14 F. The vast majority of the progress notes Respondent did make contain only one or two

15 li11es of subjective history. There are ty~ically no other descriptors of the patlent1s symptoms. The

16 assessments were usually "arthropatbi', 11 spasm11, "anxiety'', or similar diagnosis. The plan was

17 typically 11 diet fluid exercise" or opm (oontim.1e present management) or "stress manageme~t

1 8 technique." Respondent did not document that he refilled Vi co dinES or Valium on any of these

19 phone consultations.

20 14. There was an ext1·eme departunrfrom the standard of care d11e to excessive

21 presoribing ofVicodin ES and Valium without an ongoing good ·faith medical history and

22 ttpdated infonned consent, Respondent failed to perfoi.ri-1 this duty for this patient. No other

23 significunt treatment modalities were rendered. No a<ldftlonal worl<up was rendered, nnd no

/.A referrals for consultations were accomplished for this ]Jatient who was experiencing chronic pain.

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7 ACCUSATION


Fl:FTH CA,USE FOR DISCIPLINIC . (Repeated Negligent Acts as to Patient P .D.)

2 15. Respondent is subject to disciplinary action for repeated negligent acts pursuant to

· 3 Buslness and Professions Code section2234(c) based on the facts set forth above.

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5 SIXTH CAUSE FOR DlSCXPLIN]( (Record Keeping as to Patient P.D.)

6 16. Respondent is subject to discipllnary action for unprofessional conduct pursuant to

7 Business and Professions Code section 2266 due to his failure to maintain adequate and acclU'ate '

8 records relating to the pro vision of services to Patient P .D., based on the facts set forth in the First

9 Cause 'for Discipline.

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SEVENTH CAUSE FOR,.l>ISCIPUNE (Gross Negligence as to Patient K.D.4

)

17. Respondent is subject to disciplinary action for unprofessional conduct pursuant to

Business and Professions Code sections 2234(b) based on his failure to exam1ne K.D. before

prescribing drugs to her, and Respo.ndent' s :fmiher failure to develop a tteatm.ent plan or

otherwise follow up with her. The facts and circumstances are as follows:

A. K.D. is a 29 .. yeal'-old woman; Respondent initially met her through a phone

COUSl.lltation on. a refenal from Delta Health on March 12, .2008. Respondent's notes documenting

this phone comultation consist of him writing, 11The .patient understands the analgesic propetties

of this medicatl?n and is requesting to continue this medication for pain control." He prescribed

AP AP/Bydrocodone Bitartrata '750/7 .5 (Vicodin ES). However, no faoe-to-faqe visit or :physical

extlminution was performed before or aftror this phone consultation. It was discovered late~r that

the patient was unable to fill the order <.lue to problems with the prescription.

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4 Each Patie11t is referenced by initials to pl'otect ,their privacy.

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ACCUSATJON


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B. On April 14,2008, Respond1;1nt had another phone consultation wlth the patient

th.t'ough Delta Health. Respondent's notes contain the one lh1e staterq.ent, "rt tmj steroid inj,"

Respondent did not see the patient in person for this phor\e. consultation. However, Respondent

prescribed APAP/Hydrooodone Bharlfate 750/7.5 (Vicodin ES) #60 afterward.

C. On May~ 3, 2008, Respondent performed another phone oonsultati·on with the patient.

Respondent's notes from this visit include the following. "29 frt lmj s/p mva 6110 rad neck

jawline endometriosis." Respondent prescribed another course ofVioodin ES #60 based on this

phone consultation. No face~to-faoe visit ocour.red.

· · - D.·· ··· K.D ;-was p't'eifctibeti -12ttHyclro1mtlwes-tu1lrtspammovet'-atwrrrnonth-pe11oa-.--She:-- ------·--·

also received prescriptions fl'Om other physicians, and used 16 separate phm.maoies to dispense

her rnedicatlon.

E. Respondent never at any time suggested an alternative medication or treatment for hex

ailment. He did not discuss a treatment plan with K.D. When-Respondent spoke with her on the

telephone, he did not acknowledge knowing who she was, did not acknowledge previousiy

prescribing medication, and did not ask her how the med:icatLon was wox·king.

F. Respondent also repeatedly instructed the patient to back date documents as of March

12, 2008, (the date of the initial phone consultation tlU'ougb Delta Healtl1 seven months earlier).

These four documents were imprinted with Respondent's other practice. "New Image Clinic," and

we.re an "Informed Consent to Treatmr..nt and Cal'e", 11Review of Systems", 11Patient Personal

Information", and "HIPAA Notica of Privacy Practices". As instructed by Respondent, although

the patient signed the documents on October 29, 2008, she back dated the documents to Marcb

12,2008.

18, There was an extreme dcpurture front the standard of care du1' t•:J the In\.lltiplo

instances of prescribing a dangerous drug, Vicodin ES, without a good faith medical exnmination

after conducting three separate phone consultations. The standard of care requires un appropriate

history, physical examination, and medical at1alysis be performed before p1:escription of

medications, which here included dangerous· and controlled substances.

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9 . ACCUSATION


EIGHTH CAYSE FOR DlSC!:PLlNE I t

2 (DishoneHty as to Patient K.D.)

3 1. 9, Respondent is subject to disciplinary action for unprofessional conduct pursuant to

4 Business and Professions Code sections 2234(e) based on his unannounced appearance at the

5 house ofK.D. to induce her to assist him in committing fraud by backdating documents. The

6 facts and circumstances are as follows:

7 A. It is the standard of care when a physician makes home visits to schedule an

8 appointrnent or infonn the patient before the visit occurs. Jt Is also the standard of care when ···-·" ·------------~-·-·-···· ________ :.__ -.-.:··-····---~-----~··-··-· .... ·----------·····-~··-·-····-··----·-····

9 making home vislts to conduct them at an appropriate time unless there is an extenuating

1 0 circumstance that requil'es such.

11 B. More than five months after Respondent conducted his last phone consultation with

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K.D., he made ,an unscheduled and unannounced home vlsit on this patient on Octo bet· 28, 2009

at 11:00 PM, Respondent went to the patient's home in an attempt to get he-r to sign forms. This

patient had never met Respondent in person so she would not be able to recognize or cettify that

this was indeed a doctor coming to her home late at night.

16 20. Such conduct was an extreme departure ·.from the standard of care due to

17 · unprofessional conduct and dishonesty by going to a patient's home unatmounced at an

18 exceptionally late hour to get a patient to sign forms for a fraudulent purpose, especially when be

19 had nevbr met the patient before and had last contacted her more than fi-ve months previously

20 solely by telephoiu~.

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NIN'l:;EI CAUSE FOR .DISCJJ>LINE (Dishonesty as to Patient K.D.)

24 21. Respondent is subject to disciplinary action for unprofessional conduct pursuant to

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Business and Ptofessions Code seottons 2234(e) based on his fraudulently preparing documents

which falsely indicated that he had personally examined K.D. The facts and circumstances are as

follows:

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ACCUSATION


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A. It is the stand~rd of care for physicians to be honest when conducting his medical

practice and to be honest with his documentation. Responderrt wrote a progress note dated Mmoh

12, 2008 where he records he saw thi:s patient on tha1 date, O.n this progress note, Respondent

l'ecords the chief complaints were "Rt. TMJ", soine illegible writing, adjustment diso~·der, and

OERD. Responder..t documents that he performed a physical exa."Uination and he check~d off that

be perfol'med an exam of the patient's General Appearance, Integument, and "HBENT". He

checked off that those systems were WNL (within normal limits), His plan was "diet fluid

exercise, Vicodill, physical therapy consult", and another plan that is illegible. However, in fact ----------·-·--·--"·---· ........ , ________ _

Respondent never met K.D. nor examined her, The notes were fraudulent, and prepared to give

the false impression that Respondent had complied witb his obligations as a physician, when in

fact he had not.

22. Falsifying records to appear as if the physician had made a face-to ·face visit and

performed a physical examination of K.D. was dishonest and an extremr;~ depaiture from the

stnndtud of care,

·.TENTH CAUSE )lOR DlSCIPLINE (Repeated Negligent Acts as to Patient K.D.)

23. Resp<>ndeot is subject to disciplinat:y action for repeated negligent acts pursuant to

Business and l)rofessions Code section 2234(c) based on the facts set forth above.

ELEV!lJNTH CAUSE FOR DISCIPltlNE (Record Keeping aa to Patient K.D.).

24. Respondent is subject to disciplinary action fur unprofessional conduct pursuant to

Business and Professions Code section 2266 due to his failure to n~aintain adequa-le and· accurate

records relating to the provision.of services to Patient K.D., based on the facts set forth above,

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11 ACCUSA'IlON


T)YELFTB; ~AUSE FOR D!§CIPLINE (Gross Negligence as to Patient R.K.S)

2 25. Respondent is subject to disciplinflr)' action for unprofessional conduct plll'suant to

3 Business and Professions Code sections 2234(b) bt2sed on his failure to examine R.K. before

4 prescribing drugs to her, and Respondent•s further failure to develop a treaintent plan or

5 otherwise follow up with her. The faots and circumstances are as follows:

6 A. Respondent first evaluated R.K., a 49-year·old woman, by phone consc1ltation

7 through Delta Health, on Match 20, 20Q8. Responde11t's notes indicate "49 yo f 1 bp left sciatic

8 spasm :S yrs 8/1 0. "No otl1er il:iformation was written.

... . ...... · ·-·- ·· .......... -9-· ---B~-- Basecfsolely on this telephone conversation, Respondent piescnbed .. -· ... ·--- .. ··-- ----·- ~--------

1 0 Hycb:ocodone/APAP 10/325 mg (Generic Norco l 0) #90 tablets: Respondent dld not see this

11 patient face-to-face.

I 2 C. Subsequently, Respondent had five additional phone consultations with this patien,t

13 on April 17, 2008, May 29, 2008, June 27, 2008, July 28, 2008, and September 2, 2008. On each,

14 'Respondent wrote one line notes to document the visit, and with t.1.e exception ofthe September

15 conversl'!iion, 011 each of these phone consultations, Respondent prescribed Norco I 0 #90.

16 Respondent did not see the patient in person after any of these phone consbltations.

17 D, The additional. p~ogl'ess notes of his phone consultations with this patient on

18 Respondent's personal computer contain about 2 lines, mostly listing the severity of the back pain

19 such as 8/10.

20 B.. At no time did Respondent suggest any othel' type of treatment or suggest a treatment

21 plan, nor did the patient have contact with Respondent between the consultation and ordering

22 · m~dication.

23 F. Two montl'l.S after the Medical Board interview with this patient, Respondent made

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his first home visi't with this patient on November 4, 2008. Even tbeu1 his notes were inadeguate,

and did not contain vital signs. Respondent nonetheless prescribed Vicodin.

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12 ACCUSATION


G. It. is the stand'a~d of care to prescribe medications, including contTO!led substances,

2 a:ft:er an appropriate history, physical exfU11ination, and medical indication have been performed,

3 Fmthermore, it is the standard of care when prescribing con1roUed substances on a clu·oniG basis

4 that an ongoing histOl'y and physical examination, treatmenl plan, periodic review of the course of

5 pain treatment, consultations, proper record keeping, and an informed consent be documented

6 duriug the course of care.

7 26. There was an extreme departure from the st?.ndal'd of care due to prescribing a

8 controlled substance, Norco 10, without prior examination of the patient. Furthermore, the1·e was

.. ---·-~.,,. ...... ~ ..... 9 . ..ru1.extl:eniedeparture .. from-·iiie ':Stand-arcfotcare .. ch.ie"ioexcesSive 'j;i·escrfFing.-ofct~lgs without

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12 THIRTEENTH CAUSE FOR DlSCIPLlNE (Repeated Negligent Acts as to Patient R.K.)

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2 7. · Respondent is subject to disciplinary action for repeated negligent acts pursuant to

Business aud Professions Code section 2234(c) based on the facts set forth above.

Jl'QURT~ENTH CAUSE FOR DISCIPLINE (Record Keeping as- to Patient R.K.)

17 28. Respondent is subject to disciplinary action for unprofessional conduct pursuant to ,·

18 . Bus.lness and Professions Code section 2266 due to his failui·e to maintain adequate and accurate

! 9 records relating to the provision of services to Patiemt R.K. based on the facts set forth above.

20 Respondent's record keeping was deficient.; there was l-1 lack of subjective and no physical·exam

2] documenta.tion. There was inadequate documentation of the assessment/plan for a patient who

22 was having chronic bnci{ pain. Sino~ this patient was taking a si.gnificant a~ount of controlled.

23 substances and she had persistent symptoms, documentation was required to detail the nature of

24 'the patient's symptoms, what made her symptoms improve or get worse. There should have been

25 more information written as to what fmiher action Respondent w~s going to take in this patient.

26 More documentation was required to justify continuing to prescribe Norco.

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l3

ACCUSATION


2 29. Respondent is subject to disciplinary nction for Wlprofessional conduct pursuant to

3 Business and Professions Code sections 2234(b) based on his fail1u·e to examine S.L. before

4 prescrLbing drugs to him, and Respondent's further failure to develop a tteatme:nt'plan or

5 othelwise follow up wlth him, The facts and c1rcumstances are as follows:

6 A. Dr. Cham first saw S.L., a 55-year-old male, on a referral from Delta Health.

7 Respondent made a home visit for the patient on March 3, 2008 using hi8 pre--prlnted New Image

8 Clinic progress notes, The patient's chief complaint was LBP (low back pain). The severity of the

... · .... ---···~--·---···- · 9·- ·. pain was-rated-as-8-/t0:-0ther·d·~soriptm·nrf-the· buck pain imrlmJeanutattmnta1llppo!ti's-1o say -·- ----· · ·- ·

1 0 "radiates 1 0 d ght flank"; however, the writing is illegible. There are no other descriptors of the

11 back pain problem. There is no other history written regEtrding tbe natuie of the back pain. There

12 is nothing written l'egarding how long the patient experienced back pain, what faclors made it

13 worse, what made h better, what work-up the patient had in the past, and what treatments for the

14 back pain the patient had utilized.

15 B. Tbe physical exam documented a spine exam. Respondent checked off tenderness in

16 the lumbar spine. The assessment was "LBP/OA end DID". The plan was clieti:Ouldlexcrcise and

17 Lorcet 10/650 tf90 was prescribed. Respondent checke~ the box fot the patient to return in 3

18 months.

19 C. Aftel' this initial visit, Respondent had eight more encounters with the patient during a

20 seven month period; all were phone commltatlons without any additional face-to-face visits. All

21 ofthe phone consultatlons dealt with the low back pain. Respondent only wrote one line progress

22 notes in the m<::dicalrecords for (Jach of his Delta I:Iealth pJ1one consultations. Be did not as~< (or

23 clleck) whether the patient was obtaining drugs ftom another physician, and in fuct, the patient

2.4 was getting con~urreni prescriptions of AP AP/Hydrocodone Bitartrate fTorn oilier physicians at

25 Kaiser during this time period. While Respondent had prescribed 720 Lorc6ts total (8 X #90), ti1e

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14 ACCUSATlON


patient reoeived an additional 530 opiflte t<~blets ft-om two other physicians during this same time

2 period.

3 D. Responden1 also kept prog1·ess notes on his own personal computer regarding his

4 phone consultations with t11is patient. All of the notes contain a one to two l!ne subjective

5 essentially listing tbe severity of the patient's pain. The patient's pain scale during this time period

6 runged fl·om 3-9/10. Oocas!ona!ly, Respondent WOl.\ld write other descriptors such as "Long

7 driving between work, Poor posture." or "Deer. Focus._ Poor sleep." For the assessment,

8 Respondent would write "lumbar d/d 1' or would put nothing down. For his plat:, he would

-··-·-----~- -- ----··----- ··9- typJCally wr1te 11af0Cfluia.··exerCfsew ana·opm'(coiitiiuie .. presenfmanagement) wtth-ou-.,t-- ---. -. .. -....... .

10 documenting that he continued to prescribe L01·cet.

11 E. It is the standard of care to prescribe medications, including controlled substances,

12 after ru1 appropriate history, physical examination, and mr.dical indication have been performed.

13 Fcrihermore, it is the standard of cru:e when prescribing controlled substw.1c.es on a chronic basis

14 that an ongoing history and physical examination, treatment plan, periodic review of the course of

15 J>aln treatment, consultati on11, proper record keeping, and an informed consent be documented

16 during the course of care.

17 30. There was an extreme departure from the standard of care due to excessive

18 prescribing ofLorcet 6501J 0. When prescribing controlled substances such ·as Lorcet, there

19 needs to be an ongoing good faith mecllcal history and physkal exami.nation. There was a

20 signi:ficont deficiency of an ongoing g.ood faith medical history and physical examination.

21 Respondent saw this patient once initially, but failed to see this patient again in person owr a

22 seven month time period where he made eightphot1e consultations without peJforming any

23 additional physical examinations but continued to prescribe Lorcet on a monthly basis. When

24 prescribing controlled substances on a regular basis, there must be an updatoo informed consent

25 · regarding the risks and benefits of continuing the opiate medication. Moreover, there needs to be

26 a tnonitoring ofthe progress ofthe patient and docwncntation as to the efficacy of the

27 medlcations. Respondent failed to perform these duties for this patient No other treatment

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ACCUSATION


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modalities were rendered. No additional woda.lp was i·endered. And no refem.\ls for consultations

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SIXTEENTH CAUSE J!:OR DISClfLINlh, (Record Keeping as to Patient S.L.)

Respondent 1s subject to disciplinary action for unpt'Ofessional conduct ptlrsuant to

Business and Professions Code section 2266 due to his failure to maintain adequate and accurate

records relating to the provision of set'Vices to Patient S.L, based on the following, as well as the

facts sel forth above. __ , ____ , -----

' ··A.' ... ·'i::.es"i>oi1'dimt's record keeping wasdC:iici~·nt; ·there was a luck of subjective and no

physicaL exam documentation. There was inadequate documentation of the 1:\Ssessment/plan for a

patient who was having chronic back pain. Since this patient wa.~ taking a significant amount of

controlled .substances and she had persistent symptom1l1 documentation was requl:red to detail the

ne.ture of the patient's symptonis1 what made her symptoms impro:ve or get worse. There should

. have been rnore information written as to what furthet' action Respondent was going to take in

this patient. More documentation was required to justify continuing to prescribe Norco.

B. The st~ndard of practice in California is to maintain adequate medical records. In the

Delta Health Medical Records, Respondent's notes only consist of one line descl'iptors of all of

his ninl:l phone consultations, Respondent also kep't additional progl'ess notes on bis pel'sonal

computer. These notes also hiclude only one or twb lines on the subjective (history) portion and

the NP portlon ofthe progr~ss nato respectively. Mosl of the progr~ss notes in the subj(lctlve

section only indicate to what severity the low back pain was. For the assessment, Respondent

would wrhe ''Lumbar djd" or would put nothing down. For his plan, hi;': would typically write "'diet

fluid exercise" and cpm (continue present management) without documentitig that he continued to

prescribe Lorcet. As a result, Respondent's record keeping of this patient's medical problems was

defident.

C. There was a lack of subjective and no physicnl exam documentation. There was a

deficiency in documentation of the assessment/plan for a patient who was having chronk and

persistent low back pain. Sinne this patient was taking a significant amount of controlled

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ACCUSATION


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substances and he bad persistent symptoms, there should have been m61·e documentation to detail

the nature o:fthe patient's symptoms, what made his symptoms worse or better, etc. There should

have been more detail as to what fw'thcw action Respondent was going to take in this patient.

There should have been more documentation to justify continually prescdbing high amounts of

Lorcet.

32. Thel'e was an extreme depurture from the standard of care for failure to provide

adequate documentation in a patient vyho was continually prescribed Loroet 650110 011 a monthly

basis.

PRAYER

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

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

l. Revoking or suspending Physician's & Surgeon's Certificate No. AB6714, lss\.Jed to

Dan1el K. Cham, M.D.;

2. Revoking, suspending or denying approval of his a1.lthority to supervise physician

assistants, pursuant to Section 3527 ofthe Code;

3. . If placed on probation, ordering Wm to pa~ the costs_,~f ~ation monitoring; and

4. Taking such qther and further aotion as deet7~r» p1'Dper.

DATED: Septemb":_ 29, 2010 , ~41/

50522841 .wpd

l7 ACCUSATION


Documents

RANDALL R. MURPHY Deputy Attorney General California ... Daniel K 2017-04-13_1.pdf · 3 RANDALL R. MURPHY Deputy Attorney General 4 State Bar No. 165851 California Department of Justice