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BEFORE THE MEDICAL BOARD OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA
In the Matter of the Accusation Against:
) ) ) )
WALTON JAMES MONTEGUT, M.D. ) Case No. 04-2010-207017
Physician's and Surgeon's Certificate No. A 60845
Respondent
) ) ) ) ) __________________________ )
DECISION
The attached Stipulated Settlement and Disciplinary Order is hereby adopted as the Decision and Order of the Medical Board of California, Department of Consumer Affairs, State of California.
This Decision shall become effective at 5:00p.m. on February 3, 2017.
IT IS SO ORDERED: January 5, 2017.
MEDICAL BOARD OF CALIFORNIA
Michelle Anne Bholat, M.D., Chair PanelB
1 KAMALA D. HARRIS Attorney General of California E. A. JONES III Supervising Deputy Attorney General CINDY M. LOPEZ Deputy Attorney General State Bar No. 119988
California Department of Justice 300 So. Spring Street, Suite 1702 Los Angeles, CA 90013 Telephone: (213) 897-7373 Facsimile: (213) 897-9395
Attorneys for Complainant
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BEFORE THE MEDICAL BOARD OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA
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11 In the Matter of the Accusation Against:
12 WALTON MONTEGUT, M.D. 1401 Avocado Avenue, Suite 610
13 Newport Beach, CA 92660
14 Physician's and Surgeon's Certificate No. A 60845
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Case No. 04-2010-207017
OAH No. 2016060059
STIPULATED SETTLEMENT AND DISCIPLINARY ORDER
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Respondent.
PARTIES
1. Kimberly Kirchmeyer (Complainant) is the Executive Director of the Medical Board
20 of California (Board). She brought this action solely in her official capacity and is represented in
21 this matter by Kamala D. Harris, Attorney General ofthe State of California, by Cindy M. Lopez,
22 Deputy Attorney General.
23 2. Respondent WALTON MONTEGUT, M.D. (Respondent) is represented in this
24 proceeding by attorney Henry Lewin, Esq., whose address is: 11377 West Olympic Blvd., 5th
25 Floor, Los Angeles, CA 90064-1683.
26 3. On or about September 5, 1996, the Board issued Physician's and Surgeon's
27 Certificate No. A 60845 to WALTON MONTEGUT, M.D. (Respondent). The Physician's and
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1
STJPULA TED SETTLEMENT (04-20 10-2070 17)
1 Surgeon's Certificate was in full force and effect at all times relevant to the charges brought in
2 Accusation No. 04-2010-207017, and will expire on June 30, 2018, unless renewed.
3 JURISDICTION
4 4. Accusation No. 04-2010-207017 was filed before the Board, and is currently pending
5 against Respondent. The Accusation and all other statutorily required documents were properly
6 served on Respondent on July 14, 2015. Respondent timely filed his Notice of Defense
7 contesting the Accusation.
8 5. A copy of Accusation No. 04-2010-207017 is attached as exhibit A and incorporated
9 herein by reference.
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ADVISEMENT AND WAIVERS
6. Respondent has carefully read, fully discussed with counsel, and understands the
12 charges and allegations in Accusation No. 04-2010-207017. Respondent has also carefully read,
13 fully discussed with counsel, and understands the effects ofthis Stipulated Settlement and
14 Disciplinary Order.
15 7. Respondent is fully aware of his legal rights in this matter, including the right to a
16 hearing on the charges and allegations in the Accusation; the right to confront and cross-examine
17 the witnesses against him; the right to present evidence and to testify on his own behalf; the right
18 to the issuance of subpoenas to compel the attendance of witnesses and the production of
19 documents; the right to reconsideration and court review of an adverse decision; and all other
20 rights accorded by the California Administrative Procedure Act and other applicable laws.
21 8. Respondent voluntarily, knowingly, and intelligently waives and gives up each and
22 every right set forth above.
23 CULPABILITY
24 9. Respondent understands and agrees that the charges and allegations in Accusation
25 No. 04-2010-207017, if proven at a hearing, constitute cause for imposing discipline upon his
26 Physician's and Surgeon's Certificate.
27 10. For the purpose of resolving the Accusation without the expense and uncertainty of
28 further proceedings, Respondent agrees that, at a hearing, Complainant could establish a factual
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STIPULATED SETTLEMENT (04-20 I 0-2070 17)
1 basis for the charges in the Accusation, and that Respondent hereby gives up his right to contest
2 those charges.
3 11. Respondent agrees that his Physician's and Surgeon's Certificate is subject
4 todiscipline and he agrees to be bound by the Board's probationary terms as set forth in the
5 Disciplinary Order below.
6 CONTINGENCY
7 12. This stipulation shall be subject to approval by the Medical Board of California.
8 Respondent understands and agrees that counsel for Complainant and the staff of the Medical
9 Board of California may communicate directly with the Board regarding this stipulation and
10 settlement, without notice to or participation by Respondent or his counsel. By signing the
11 stipulation, Respondent understands and agrees that he may not withdraw his agreement or seek
12 to rescind the stipulation prior to the time the Board considers and acts upon it. If the Board fails
13 to adopt this stipulation as its Decision and Order, the Stipulated Settlement and Disciplinary
14 Order shall be of no force or effect, except for this paragraph, it shall be inadmissible in any legal
15 action between the parties, and the Board shall not be disqualified from further action by having
16 considered this matter.
17 13. The parties understand and agree that Portable Document Format (PDF) and facsimile
18 copies of this Stipulated Settlement and Disciplinary Order, including PDF and facsimile
19 signatures thereto, shall have the same force and effect as the originals.
20 14. In consideration of the foregoing admissions and stipulations, the parties agree that
21 the Board may, without further notice or formal proceeding, issue and enter the following
22 Disciplinary Order:
23 DISCIPLINARY ORDER
24 IT IS HEREBY ORDERED that Physician's and Surgeon's Certificate No. A 60845 issued
25 to Respondent WALTON MONTEGUT, M.D. is revoked. However, the revocation is stayed and
26 Respondent is placed on probation for three (3) years on the following terms and conditions.
27 1. EDUCATION COURSE. Within 60 calendar days of the effective date of this
28 Decision, and on an annual basis thereafter, Respondent shall submit to the Board or its designee
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STIPULATED SETTLEMENT (04-20 I 0-2070 I 7)
1 for its prior approval educational program(s) or course(s) which shall not be less than 40 hours
2 per year, for each year of probation. The educational program(s) or course(s) shall be aimed at
3 correcting any areas of deficient practice or knowledge and shall be Category I certified. The
4 educational program(s) or course(s) shall be at Respondent's expense and shall be in addition to
5 the Continuing Medical Education (CME) requirements for renewal of licensure. Following the
6 completion of each course, the Board or its designee may administer an examination to test
7 Respondent's knowledge of the course. Respondent shall provide proof of attendance for 65
8 hours of CME of which 40 hours were in satisfaction of this condition.
9 2. PRESCRIBING PRACTICES COURSE. Within 60 calendar days of the effective
10 date of this Decision, Respondent shall enroll in a course in prescribing practices equivalent to the
11 Prescribing Practices Course at the Physician Assessment and Clinical Education Program,
12 University of California, San Diego School of Medicine (Program), approved in advance by the
13 Board or its designee. Respondent shall provide the program with any information and documents
14 that the Program may deem pertinent. Respondent shall participate in and successfully complete
15 the classroom component of the course not later than six (6) months after Respondent's initial
16 enrollment. Respondent shall successfully complete any other component of the course within
17 one (1) year of enrollment. The prescribing practices course shall be at Respondent's expense
18 and shall be in addition to the Continuing Medical Education (CME) requirements for renewal of
19 licensure.
20 A prescribing practices course taken after the acts that gave rise to the charges in the
21 Accusation, but prior to the effective date of the Decision may, in the sole discretion ofthe Board
22 or its designee, be accepted towards the fulfillment of this condition if the course would have
23 been approved by the Board or its designee had the course been taken after the effective date of
24 this Decision.
25 Respondent shall submit a certification of successful completion to the Board or its
26 designee not later than 15 calendar days after successfully completing the course, or not later than
27 15 calendar days after the effective date of the Decision, whichever is later.
28 3. MEDICAL RECORD KEEPING COURSE. Within 60 calendar days ofthe effective
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STIPULATED SETTLEMENT (04-20 I 0-207017)
1 date of this Decision, Respondent shall enroll in a course in medical record keeping equivalent to
2 the Medical Record Keeping Course offered by the Physician Assessment and Clinical Education
3 Program, University of California, San Diego School ofMedicine (Program), approved in
4 advance by the Board or its designee. Respondent shall provide the program with any information
5 and documents that the Program may deem pertinent. Respondent shall participate in and
6 successfully complete the classroom component of the course not later than six (6) months after
7 Respondent's initial enrollment. Respondent shall successfully complete any other component of
8 the course within one (1) year of enrollment. The medical record keeping course shall be at
9 Respondent's expense and shall be in addition to the Continuing Medical Education (CME)
10 requirements for renewal of licensure.
11 A medical record keeping course taken after the acts that gave rise to the charges in the
12 Accusation, but prior to the effective date of the Decision may, in the sole discretion of the Board
13 or its designee, be accepted towards the fulfillment of this condition if the course would have
14 been approved by the Board or its designee had the course been taken after the effective date of
15 this Decision.
16 Respondent shall submit a certification of successful completion to the Board or its
17 designee not later than 15 calendar days after successfully completing the course, or not later than
18 15 calendar days after the effective date of the Decision, whichever is later.
19 4. PROFESSIONALISM PROGRAM (ETHICS COURSE). Within 60 calendar days of
20 the effective date ofthis Decision, Respondent shall enroll in a professionalism program, that
21 meets the requirements of Title 16, California Code of Regulations (CCR) section 1358.
22 Respondent shall participate in and successfully complete that program. Respondent shall
23 provide any information and documents that the program may deem pertinent. Respondent shall
24 successfully complete the classroom component of the program not later than six (6) months after
25 Respondent's initial enrollment, and the longitudinal component of the program not later than the
26 time specified by the program, but no later than one ( 1) year after attending the classroom
27 component. The professionalism program shall be at Respondent's expense and shall be in
28 addition to the Continuing Medical Education (CME) requirements for renewal oflicensure.
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STIPULATED SETTLEMENT (04-20 I 0-2070 17)
1 A professionalism program taken after the acts that gave rise to the charges in the
2 Accusation, but prior to the effective date of the Decision may, in the sole discretion of the Board
3 or its designee, be accepted towards the fulfillment of this condition if the program would have
4 been approved by the Board or its designee had the program been taken after the effective date of
5 this Decision.
6 Respondent shall submit a certification of successful completion to the Board or its
7 designee not later than 15 calendar days after successfully completing the program or not later
8 than 15 calendar days after the effective date of the Decision, whichever is later.
9 5. MONITORING- PRACTICE. Within 30 calendar days of the effective date of this
10 Decision, Respondent shall submit to the Board or its designee for prior approval as a practice
11 monitor, the name and qualifications of one or more licensed physicians and surgeons whose
12 licenses are valid and in good standing, and who are preferably American Board of Medical
13 Specialties (ABMS) certified. A monitor shall have no prior or current business or personal
14 relationship with Respondent, or other relationship that could reasonably be expected to
15 compromise the ability of the monitor to render fair and unbiased reports to the Board, including
16 but not limited to any form ofbartering, shall be in Respondent's field of practice, and must agree
17 to serve as Respondent's monitor. Respondent shall pay all monitoring costs.
18 The Board or its designee shall provide the approved monitor with copies of the Decision(s)
19 and Accusation(s), and a proposed monitoring plan. Within 15 calendar days of receipt ofthe
20 Decision, Accusation, and proposed monitoring plan, the monitor shall submit a signed statement
21 that the monitor has read the Decision and Accusation, fully understands the role of a monitor,
22 and agrees or disagrees with the proposed monitoring plan. If the monitor disagrees with the
23 proposed monitoring plan, the monitor shall submit a revised monitoring plan with the signed
24 statement for approval by the Board or its designee.
25 Within 60 calendar days of the effective date of this Decision, and continuing throughout
26 probation, Respondent's practice shall be monitored by the approved monitor. Respondent shall
27 make all records available for immediate inspection and copying on the premises by the monitor
28 at all times during business hours and shall retain the records for the entire term of probation.
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STIPULATED SETTLEMENT (04-20 I 0-2070 17)
1 If Respondent fails to obtain approval of a monitor within 60 calendar days of the effective
2 date of this Decision, Respondent shall receive a notification from the Board or its designee to
3 cease the practice of medicine within three (3) calendar days after being so notified. Respondent
4 shall cease the practice of medicine until a monitor is approved to provide monitoring
5 responsibility.
6 The monitor shall submit a quarterly written report to the Board or its designee which
7 includes an evaluation of Respondent's performance, indicating whether Respondent's practices
8 are within the standards of practice of medicine, and whether Respondent is practicing medicine
9 safely. It shall be the sole responsibility of Respondent to ensure that the monitor submits the
10 quarterly written reports to the Board or its designee within 10 calendar days after the end of the
11 preceding quarter.
12 If the monitor resigns or is no longer available, Respondent shall, within 5 calendar days of
13 such resignation or unavailability, submit to the Board or its designee, for prior approval, the
14 name and qualifications of a replacement monitor who will be assuming that responsibility within
15 15 calendar days. If Respondent fails to obtain approval of a replacement monitor within 60
16 calendar days of the resignation or unavailability of the monitor, Respondent shall receive a
17 notification from the Board or its designee to cease the practice of medicine within three (3)
18 calendar days after being so notified Respondent shall cease the practice of medicine until a
19 replacement monitor is approved and assumes monitoring responsibility.
20 In lieu of a monitor, Respondent may participate in a professional enhancement program
21 equivalent to the one offered by the Physician Assessment and Clinical Education Program at the
22 University of California, San Diego School of Medicine, that includes, at minimum, quarterly
23 chart review, semi-annual practice assessment, and semi-annual review of professional growth
24 and education. Respondent shall participate in the professional enhancement program at
25 Respondent's expense during the term of probation.
26 6. NOTIFICATION. Within seven (7) days ofthe effective date ofthis Decision, the
27 Respondent shall provide a true copy of this Decision and Accusation to the Chief of Staff or the
28 Chief Executive Officer at every hospital where privileges or membership are extended to
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STIPULATED SETTLEMENT (04-20 I 0-2070 17)
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Respondent, at any other facility where Respondent engages in the practice of medicine,
including all physician and locum tenens registries or other similar agencies, and to the Chief
Executive Officer at every insurance carrier which extends malpractice insurance coverage to
Respondent. Respondent shall submit proof of compliance to the Board or its designee within 15
calendar days.
This condition shall apply to any change(s) in hospitals, other facilities or insurance carrier.
7. OBEY ALL LAWS. Respondent shall obey all federal, state and local laws, all rules
governing the practice of medicine in California and remain in full compliance with any court
ordered criminal probation, payments, and other orders.
8. QUARTERLY DECLARATIONS. Respondent shall submit quarterly declarations
under penalty of perjury on forms provided by the Board, stating whether there has been
compliance with all the conditions of probation.
Respondent shall submit quarterly declarations not later than 10 calendar days after the end
of the preceding quarter.
9. GENERAL PROBATION REQUIREMENTS.
Compliance with Probation Unit
Respondent shall comply with the Board's probation unit and all terms and conditions of
this Decision.
Address Changes
Respondent shall, at all times, keep the Board informed of Respondent's business and
residence addresses, email address (if available), and telephone number. Changes of such
addresses shall be immediately communicated in writing to the Board or its designee. Under no
circumstances shall a post office box serve as an address of record, except as allowed by Business
and Professions Code section 2021 (b).
Place of Practice
Respondent shall not engage in the practice of medicine in Respondent's or patient's place
of residence, unless the patient resides in a skilled nursing facility or other similar licensed
facility.
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STIPULATED SETTLEMENT (04-2010-207017)
1 License Renewal
2 Respondent shall maintain a current and renewed California physician's and surgeon's
3 license.
4 Travel or Residence Outside California
5 Respondent shall immediately inform the Board or its designee, in writing, of travel to any
6 areas outside the jurisdiction of California which lasts, or is contemplated to last, more than thirty
7 (30) calendar days.
8 In the event Respondent should leave the State of California to reside or to practice
9 Respondent shall notify the Board or its designee in writing 30 calendar days prior to the dates of
1 0 departure and return.
11 10. INTERVIEW WITH THE BOARD OR ITS DESIGNEE. Respondent shall be
12 available in person upon request for interviews either at Respondent's place of business or at the
13 probation unit office, with or without prior notice throughout the term of probation.
14 11. NON-PRACTICE WHILE ON PROBATION. Respondent shall notify the Board or
15 its designee in writing within 15 calendar days of any periods of non-practice lasting more than
16 30 calendar days and within 15 calendar days of Respondent's return to practice. Non-practice is
17 defined as any period of time Respondent is not practicing medicine in California as defined in
18 Business and Professions Code sections 2051 and 2052 for at least 40 hours in a calendar month
19 in direct patient care, clinical activity or teaching, or other activity as approved by the Board. All
20 time spent in an intensive training program which has been approved by the Board or its designee
21 shall not be considered non-practice. Practicing medicine in another state of the United States or
22 Federal jurisdiction while on probation with the medical licensing authority of that state or
23 jurisdiction shall not be considered non-practice. A Board-ordered suspension of practice shall
24 not be considered as a period of non-practice.
25 In the event Respondent's period of non-practice while on probation exceeds 18 calendar
26 months, Respondent shall successfully complete a clinical training program that meets the criteria
27 of Condition 18 ofthe current version of the Board's "Manual of Model Disciplinary Orders and
28 Disciplinary Guidelines" prior to resuming the practice of medicine.
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STIPULATED SETTLEMENT (04-20 I 0-2070 I 7)
1 Respondent's period of non-practice while on probation shall not exceed two (2) years.
2 Periods of non-practice will not apply to the reduction of the probationary term.
3 Periods of non-practice will relieve Respondent of the responsibility to comply with the
4 probationary terms and conditions with the exception of this condition and the following terms
5 and conditions of probation: Obey All Laws; and General Probation Requirements.
6 12. COMPLETION OF PROBATION. Respondent shall comply with all financial
7 obligations (e.g., restitution, probation costs) not later than 120 calendar days prior to the
8 completion of probation. Upon successful completion of probation, Respondent's certificate shall
9 be fully restored.
10 13. VIOLATION OF PROBATION. Failure to fully comply with any term or condition
11 of probation is a violation of probation. If Respondent violates probation in any respect, the
12 Board, after giving Respondent notice and the opportunity to be heard, may revoke probation and
13 carry out the disciplinary order that was stayed. If an Accusation, or Petition to Revoke Probation,
14 or an Interim Suspension Order is filed against Respondent during probation, the Board shall have
15 continuing jurisdiction until the matter is final, and the period of probation shall be extended until
16 the matter is final.
17 14. LICENSE SURRENDER. Following the effective date of this Decision, if
18 Respondent ceases practicing due to retirement or health reasons or is otherwise unable to satisfy
19 the terms and conditions of probation, Respondent may request to surrender his or her license.
20 The Board reserves the right to evaluate Respondent's request and to exercise its discretion in
21 determining whether or not to grant the request, or to take any other action deemed appropriate
22 and reasonable under the circumstances. Upon formal acceptance of the surrender, Respondent
23 shall within 15 calendar days deliver Respondent's wallet and wall certificate to the Board or its
24 designee and Respondent shall no longer practice medicine. Respondent will no longer be subject
25 to the terms and conditions of probation. If Respondent re-applies for a medical license, the
26 application shall be treated as a petition for reinstatement of a revoked certificate.
27 15. PROBATION MONITORING COSTS. Respondent shall pay the costs associated
28 with probation monitoring each and every year of probation, as designated by the Board, which
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STIPULATED SETTLEMENT (04-20 I 0-2070 I 7)
may be adjusted on an annual basis. Such costs sha11 be payable to the Medical Board of
, 2 California and delivered to the Board or its designee no later than January 31 of each calendar
3 year.
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5 ACCEPTANCE
6 I have carefully read the above Stipulated Settlement and Disciplinary Order and have fully
7 discussed it with my attorney, Henry Lewin, Esq .. I understand the stipulation and the effect it
8 will have on my Physician's and Surgeon's ~ertificate. I enter into this Stipulated Settlement and
9 Disciplinary Order voluntarily, knowingly, and intelligent y, and agree to be bound by the
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Decision and Order of the Medical Board
DATED 1{4v~~....J..Id7 .D.
14 I have read and fully discussed with spondent WALTON MONTEGUT, M.D. the terms
15 and conditions and other matters contained in the above Stipulated Settlement and Disciplinary
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Order. I appro ·e its form and content.
DATED: ~-/- ;;J...e>f b ----·---·-HENRY LEWlN, ESQ. Attvrne.v.for Respondem
20 ENDORSEMENT
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21 The foregoing Stipulated Settlement and Disciplinary Order is hereby respectfully
22 submitted for consideration by the Medical Board of California.
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Dated: //. )5 · 2.-0/ b
LA20 15600584 62177860.docx
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Respectfully submitted,
KAMALA D. HARRIS Attorney General of California E. A. JONES III Supervising Deputy Attorney General
~~ m_V)~ CINDY M. LOPEZ Deputy Attorney General Attorneysfor Complainant
STIPULATED SETTLEMENT (04-20 I 0-2070 17)
Exhibit A
Accusation No. 04-2010-207017
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KAMALA D. HARRIS Attorney General of California E. A. JONES III Supervising Deputy Attorney General CINDY M. LoPEZ Deputy Attorney General State Bar No. 119988
California Department of Justice 300 So. Spring Street, Suite 1702 Los Angeles, CA 90013 Telephone: (213) 897-7373 Facsimile: (213) 897-9395
Attorneys for Complainant
FILED STATE OF CALIFORNIA
MEDICAL BOARD OF CALIFORNIA
SA~M~TO~~ 20ll_ BY·~. ~~jl:NALYST
BEFORE THE
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9 MEDICAL BOARD OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA
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In the Matter of the Accusation Against:
Walton Montegut, M.D. 1401 Avocado A venue, Suite 610 Newport Beach, CA 92660
14 Physician's and Surgeon's Certificate No. A60845,
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18 Complainant alleges:
Respondent.
Case No. 04-2010-207017
ACCUSATION
19 PARTIES
20 1. Kimberly Kirchmeyer (Complainant) brings this Accusation solely in her official
21 capacity as the Executive Director of the Medical Board of California, Department of Consumer
22 Affairs (Board).
23 2. On or about September 5, 1996, the Medical Board issued Physician's and Surgeon's
24 Certificate Number A 60845 to Walton Montegut, M.D. (Respondent). The Physician's and
25 Surgeon's Certificate was in full force and effect at all times relevant to the charges brought
26 herein and will expire on June 30, 2016, unless renewed.
27 I I I
28 I I I
(WALTON MONTEGUT, M.D.) ACCUSATION NO. 04-2010-207017
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JURISDICTION
3. This Accusation is brought before the Board under the authority of the following
laws. All section references are to the Business and Professions Code unless otherwise indicated.
4. Section 2227 of the Code provides that a licensee who is found guilty under the
Medical Practice 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.
5. Section 2234 of the Code, states:
"The board 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.
"(b) Gross negligence.
"(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 separate and distinct departure from
the applicable standard of care shall constitute repeated negligent acts.
"(1) An initial negligent diagnosis followed by an act or omission medically
appropriate for that negligent diagnosis of the patient shall constitute a single negligent act.
"(2) When the standard of care requires a change in the diagnosis, act, or omission
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 dishonesty or corruption which is substantially
related to the qualifications, functions, or duties of a physician and surgeon.
"(f) Any action or conduct which would have warranted the denial of a certificate.
2
(WALTON MONTEGUf, M.D.) ACCUSATION NO. 04-2010-207017
1 "(g) The practice of medicine from this state into another state or country without meeting
2 the legal requirements of that state or country for the practice of medicine. Section 2314 shall not
3 apply to this subdivision. This subdivision shall become operative upon the implementation of the
4 proposed registration program described in Section 2052.5.
5 "(h) The repeated failure by a certificate holder, in the absence of good cause, to attend and
6 participate in an interview by the board. This subdivision shall only apply to a certificate holder
7 who is the subject of an investigation by the board."
8 6. Section 2266 of the Code states: "The failure of a physician and surgeon to maintain
9 adequate and accurate records relating to the provision of services to their patients constitutes
10 unprofessional conduct."
11 FIRST CAUSE FOR DISCIPLINE
12 (Gross Negligence)
13 7. Respondent Walton Montegut, M.D., is subject to disciplinary action under section
14 2234, subdivision (b), in that he was grossly negligent in the care and treatment of four patients.
15 The circumstances are as follows:
16 Factual Allegations:
17 A. Patient M.B. was a 63-year-old female when she went to first see Respondent in July
18 2008. She had no history of any chronic pain syndrome or treatments. M.B. saw Respondent for
19 fat transfer procedures.
20 B. M.B. had the following procedures performed by Respondent: On September 15,
21 2008, fat transfer to the face and upper and lower extremities; on August 20, 2009, a local
22 procedure to the face; on October 27, 2009, breast augmentation and revision abdominoplasty;
23 August 30, 2010, revision of buttocks; and, June 5, 2011, breast capsulectomy.
24 C. The medical records have 52 pages of consents but no history or physicals. There are
25 no pre-operative or post-operative photographs. The progress notes are not dated and not in the
26 proper format.
27 D. Controlled Substance Utilization Review and Evaluation System ("CURES") and the
28 prescription records show that from August 16, 2009, to July 11, 2014, a total of about 60
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(WALTON MONTEGUT, M.D.) ACCUSATION NO. 04-2010-207017
1 months, M.B. had 55 prescriptions for controlled substances, such as hydrocodone (also known as
2 Vicodin, a pain killer for moderate to severe pain); zolpidem (also known as Ambien, helps with
3 sleep); and lorazepam (also known as Ativan, used for the management of anxiety disorder). This
4 was approximately 60-100 pills per month for five years.
5 E. The second patient, C.C., was a 59-year-old female who started seeing Respondent in
6 August 2007. She had a history of narcolepsy and daily use of phentermine (appetite
7 suppressant). C.C. saw Respondent from August 2007 to August 2011. She received botox
8 treatments and refills for phentermine, 500 tablets at a time. CURES showed she received 200
9 pills bi-monthly until January 7, 2014. Respondent's medical records are not sufficiently
10 documented and do not show dosage or amounts of pills. C. C. received refills from Respondent
11 three years beyond the last entry in the medical record.
12 F. The third patient, M.H., was a 42-year-old female who first visited Respondent in
13 October 2007. In the summer of 2008, she underwent a fat transfer procedure to her face. There
14 was no history, physical or photographs in Respondent's medical records for her.
15 G. Prescription records show that M.H. received 25 prescriptions for Ambien and
16 alprazolam (also known as Xanax, used to treat anxiety caused by depression) 25 times from
17 October 2009 to February 2013, which is 40 months. There are eight entries in Respondent's
18 progress notes but they are incomplete. There is no documentation to justify the need for almost
19 daily, long-term use of zolpidem or alprazolam.
20 H. The fourth patient, R.H., was a 58-year old male and married to patient M.H. He first
21 presented to Respondent in April 2008. On July 7, 2008, he had a face and neck lift, and fat
22 injections. The records do not show a physical or history. He had minor skin excisions in July
23 2008, and March 2011. On April29, 2009, Respondent performed a liposuction, blepharoplasty,
24 (a procedure to repair eyelids), rhinoplasty (reconstructing the nose) and scar revision. There is
25 no physical or history or photos in Respondent's medical records for R.H.
26 I. Prescription records show that R.H. received 49 prescriptions for zolpidem and 49
27 times he received alprazolam, from August 2008 to April2014. There are only three entries in the
28 medical records for a prescription for zolpidem. There is no indication as to the need for the
4
(WALTON MONTEGUT, M.D.) ACCUSATION NO. 04-2010-207017
1 chronic, long term use of these drugs.
2 Allegations of Gross Negligence:
3 J. In a standard plastic surgery setting, a doctor should only prescribe narcotics as it is
4 reasonably related to the type of procedure performed. With each of these patients, Respondent
5 wrongfully overprescribed.
6 K. Patient M.B.: The drugs that were prescribed were over and beyond what was
7 indicated given the procedures performed.
8 L. Patient C. C.: The dosage of 5-8 pills of phentermine daily was far larger than the
9 accepted dosage of one pill twice daily. Phentermine is not indicated for long term use.
10 M. Patients M.H. and R.H. received prescriptions for zolpidem and alprazolam in excess
11 of any medical indication; these drugs are for short term use only.
12 SECOND CAUSE FOR DISCIPLINE
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14 8.
(Inadequate Medical Records)
Respondent Walton Montegut, M.D. is subject to disciplinary action under section
15 2266 for failure to maintain adequate records. The circumstances are as follows:
16 A. Complainant realleges the allegations in paragraphs 7, A-I, as though fully set forth
17 herein.
18 B. There were no photos contained in the records. The progress notes were not dated.
19 History and physicals, and operative reports are missing. Most of the controlled substance
20 prescriptions are missing or not sufficiently documented.
21 PRAYER
22 WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged,
23 and that following the hearing, the Medical Board of California issue a decision:
24 1. Revoking or suspending Physician's and Surgeon's Certificate Number A 60845,
25 issued to Walton Montegut, M.D.;
26 2. Revoking, suspending or denying approval of Walton Montegut, M.D.'s authority to
27 supervise physician assistants, pursuant to section 3527 of the Code;
28 3. Ordering Walton Montegut, M.D., if placed on probation, to pay the Board the costs
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(WALTON MONTEGUT, M.D.) ACCUSATION NO. 04-2010-207017
1 of probation monitoring; and
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4. Taking such other and further action as deemed necessary and proper.
;)/1 .· i/1:'• DATED: ~J~u~l~y~l4~,~2~0~I~5 ______ _
LA2015600584
&~~~ . L[<,{;i --K~Lt,, LL{ ·;(/ KIMBERLY ¥IRtHMEYERi Executive Director Medical Board of California Department of Consumer Affairs State of California Complainant
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(WALTON MONTEGUT, M.D.) ACCUSATION NO. 04-2010-207017
