BEFORE THE MEDICAL BOARD OF CALIFORNIA

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against:

Tomas Ballesteros Rios, M.D.

Physician's and Surgeon's Certificate No. A 54078

Respondent

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DECISION

Case No. 19-2012-225650

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 December 30, 2016.

IT IS SO ORDERED: December 2, 2016.

MEDICAL BOARD OF CALIFORNIA

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KAMA.LA D. HARRIS

Attorney General of California JUD!T!! T. AL\/,\Rl\DO

~yper:'is~ng Deputy /\ttorney General l !\!'\ N. ! RA\: Deputy :\ttornt:y General State Bar No. 197775

300 So. Spring Street. Suite l Los /\n~cles. CA 90013 Telepht~nc: {213) 897-6793 Facsimile: (213) 897-9395

Atwmeysfi>r c_ 'omploinam

BEFORE THE 1\'U:DlCAL BOARD OF CALIFORNIA

DEPART!\1ENT OF CONSliMER AfFAIRS STATE OF CAUFORJ'\IA

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In the tvlatter the /\ccusation Against:

TOMAS BALLESTEROS RIOS, :\1.D. 9807 Lightner Way

Case No. l

OAH'No.2015l2l 15

Bakersfield. CA 9331 I

Physician's and Surgeon's Certificate No. A54078

STIPlJLATED SETTLEME:\T AND DISCIPUNAHY ORHER

Respondent.

1T !S HEREBY STIPLLATED AND AGREED by and the parties to the nbove-

entitled prm:eedings that the !{)!lowing matters are true:

PARTIES

1, Kimberly Kirchmeyer (Complainant) is the Executiv;: rector the ?vkdica!

of CaliiiJrnia. She brought this action solely in h~:r official capacity is n:presemed in this

matter by Kamala D. Harris. Attorney (kncral of the State of Tan !\. Tran. Deputy

Attorney GeneraL

Respondent TO!'v1AS BALLESTEROS RIOS. \U). i is represented in

this proceeding by attomc:; Lewis R. Walton. Esq" vvhose address 4640 Admiralty \Vay.

Floor. t\1arina Dd Rey. CA 90292.

STIPULATED SETTLEivlFNT (19-2012-225650)

3. On or about !\iarch 29, 1995. the \kdica! Board of · issued Physician's and

2 Surgeon's Certificate 1\o. A54078 to TO!'viAS BALLESTEROS RlOS. t\LD. (Respondent). The

Physician's and Surgeon's Ccrtiticate was in full f(m.::c and ellcct at times relevant to the

4 charges brought in Accusation :'-!o. 19-2012-225650, and un lkccmber 3 l. 16.

5 un kss renewed.

7 4. Accusation No. 19-2012-225650 \vas liled before the Board of California

g 1 Board L Department Consumer Amtirs. and is currently pending Rt"spom.lent. The

9 Accusation and al! other statutorily rcquin:d documents wen: properly st.:rved on Respondent on

1 o October 1. 2015. Respondent timely liled his Notice of Defense rontcsting the Accusation.

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") L herein

6.

:\copy Accusation \!o. 19-2012-225650 is attach.;d ~1s .;xhibi1 A and incorporated

relcn::nce.

Respondent has carefully read. fully discussed vvith and unckrstands the

15 charges and allegations in Accusation No. 19-2011-225650. ResponJem has also carefully read.

16 fully discussed with counseL and understands the effects of this Stipulated S,;:nlcmcnt and

17 Disciplinary Order.

18 7. Rcsp,mdcnt is fully aware of his legal rights in this including the right to a

hearing on the charges and allegations in the Accusation: the · to confront and cross-examine

the witnesses against him; the right to present evidence and to h:sti on own behalf:

to the issuance of subpoenas to compel the attendance of witnt..:sses the production

documents: the right to n.:considera1ion and court reviev, of an decision: and all other

23 rights accorded by the California Administrativt: Procedure Ac1. and Pther applicable lav.s.

H. Respondent voluntarily. knowingly, and intelligently \YaiVl'S and gives up each and

25 every right set t~mh above.

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9. Respondent docs not contest that at an administrati','C complainant

3 establish a primaj(tcie case with respect to the charges and allegations contained in Accusation

.:+ ~o. 19-20 !2-225o50. and that he has thereby subjected Physician's and Surgeon's Certificate

5 ~o. A54078 w disciplinary action.

6 10. Respondent agrees that his Physician's and Surgeon's tkak is subjed to

7 discipline and he agrees tc• be bound b;.· the Board's probationary terms •ls set fnrth in the

8 Disciplinary Order below.

9 RESERVATION

10 11. The admissions made by Respondent herein arc purpc1SCS this

11 proceeding, or any other proceedings in which the t\kdiea! Roanl or other

12 prolcssionallictnsing agtncy is involved, and shall not be admissibk other criminal or

13 civil proceeding.

15 12. stipulation shall be subject to approval by the Board of California.

16 Respondent understands and agn.:es that counsel for Cumplainant the staff or l\kdkal

17 Board of California may communicate directly with the Board this stipulation and

!8 settlement \'>•ithout notice to or participation by Respondent or l\~tmscl. By signing the

19 stipulation. Respondent understands and agn:cs that he may not \Vitl:dm\v agreement or seck

20 to n.:.seind the stipulation prior to the time the Board considers and acts upon it. If the Board fails

21 to adopt this stipulation as its Decision and Order, the Stipulated Settlement and Disciplinary

22 Order shall be of no force or ef!ect. except r(x this paragraph. it be inadmissible in any legal

action the panics. and the Board shall not be disqualified further action by having

24 considered lhis matter.

13. parties understand and agree that Portab!c Document Fonnat (PDF) and facsimile

26 copies of this Stipulated Sculement and Disciplinary Order, PDF and Htcsimile

27 signatures thereto, shall have the same force and effect as the origin:ds.

!4. In consideration of the foregoing admissions and

'1 the Board may, \Vithout further notice or fon11al proceeding, issue

J Disciplinary Order:

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DISCIPLINARY OIU>ER

IS HEREB'r' ORDERED that Physician's and Surgeon's

the parti1.:s agrcc

enter the follm\ing

ficatc No. A54078

6 to Respondent TO!'v!AS BALLESTEROS RIOS, M.D. is revoked. I hnvcn:r, the revocation is

7 stayed and Respondent is placed on probation for seven (7l years on the following terms and

8 conditions.

9 l. :\C~TU:\L.~"i~~p[]\~K>>-l. As part of probation. Respondent is suspended from the

10 pr:.tctice of medicine for days beginning the sixteenth {!6th l ;;rter the effective date

ll decision.

~U::QJ(.':AL RECORD KEEPING COURSE. \Vithin calendar Jays the dTccti vc 12

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date of thi~ Decision. Respondent shall enroll in a course in meJical record keeping equivalent to

the Medical Record Keeping Course om·rcd by the Physician ,·\ssl."ssmenl and Clinical Education

Program, Unh-crsity ot' California. San Diego School of \kdi~:inc (Program). approved in

advance by the Board or its designee. Respondent shall provide !he pwgrarn with any infonnation

and documents that the Program may deem pertinent. Respondent

sw.:cessfu!ly complete the classroom component of the course not

19 Respondent's initial enrollment. Respondent shall successfully

20 the course \vi thin om: ( 1) :car of enrollment. The medical rceun.i

participate in and

than six months after

any o1ht;r component

course shall be at

21 Respondent's expense and shall be in addition to the Continuing \'!cdical Education (Cv1E)

22 requirements for rcnc\val of licensure.

A medical record keeping course taken after the acts that gave rise to the charges in the

24 Accusation, but prior to thc dTective date of the Decision may, in sole discretion ofthe Board

25 or its designee, be accepted towards the tultillment of this condition the course would have

26 been approved hy· the Board or its designee had the course been takc-:1 after the efkctive date of

27 this Decision.

28 Respondent shall submit a certiiication of successful

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to the Board or i!s

ST1PL L/\TED <:.:ETTLEMENT (l':l-2012-2256501

desiunee not later than 1 5 calendar davs after succcssfullv "'"" ' .. ,.. the course. ur not later than

15 calendar days at1er the effective date of the Decision, whichever b !ater.

3 3. PI~OFESSIONALIS::Vl PRSJGRA!'v! !ETHIC~.COURSLJ. Within 60 calendar

4 the t:ffecti\·e date of this Decision. Respondent shall enroll in a professionalism program.

5 meets the requirements of Title 16. Cali rornia Code of Regulations t section l351t

6 Respondent shall participate in and successfully compktc that program. Respondent shaH

7 provide any inf(mmnion und docun1ents that the programma; deem pertinent. Respondent

8 ; succcss!u!ly complete the classroom component of the program not than six ( 6) months alter '

9 Respondent's initial enrollrnent, and the longitudinal component program not later than the

10 time speciJied by the program, but no later than one ( l) year mknding the classroom

11 cnmponent The protl:ssionaEsm program shall be at Respondent's expense and shall be in

12 addition to the Continuing Medical Education (CJvlE) requircmcnls renewal licensure.

l3 A professionalism program taken after the acts that gave 1u the charges in the

!4 .Accusation, but prior to the d1\:ctivc date of the Decision may, in sole discretion the Board

15 or its designee. be accepted towards the fu!lil!ment of this condition if the program vvould have

l6 been approved by the Board ur its designee had the program been alter the cncctive date

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18 Respondent shall submit a ccrtitication of successful completion w the Board or its

19 designee not later than 15 calendar days alter successfully compkting the program or not later

20 than !5 cakndar days nfkr the cf!ectivc date of the Decision. whichever is later.

:::l -l. MQt;ITORING - PRACriCE/BILLI]:!Q. \Vithin c~1kndar days the d'lectivc

12 datc of this Decision. Respondent shall submit to the Board or its for prior approval as a

practice and bi!ling monitor(s). the name and qualifications one C•r more licensed physicians

:::4 and surgeons whose licenses arc valid and in good standing. and an: prc!crably Am..:rican

25 Board of ~kdical Specialties (ABiv1S) certified. A monitor shall no prior or current

26 business or personal relationship with R~?spondent. or olher n:latiorbhip that could reasonably be

27 ~xpectcd to compromise the ability of the monitor to render l~dr unbiased reports to the

28 Board. including but not limited to any form of bartering. shall be in Respondent's field of

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STil'UL/\TED SFTTl .EMENT (19-10 11-215650)

practice. and must agree w serve as Respondent's monitor. Rcspun<l.·nt shall pay monitoring

2 costs.

The Board or its designee shall provide the approved monitor copies of the Decision{::; l

4 and Accusation(s), and a proposed monitoring plan. Within 15 days or n:ccipt the

5 Decision(s). Accusation(s). and proposed monitoring plan. the m,1nitPr shall submit a signed

6 statement that the monitor has read the Decision(s) and Accusation(~ L fully understands the rok

7 of a rnonitor. and agrees or disagrees with the proposed monitoring pL:m. the monitor disagrees

8 with the propos~.:d monitoring plan. the monitor shall submit a monitoring plan with thl..'

') signed statement for approval by the Board or its designee.

lO \\'ithin 60 calendar days of the ef!i..·etive date of this Decision, continuing throughout

11 probation. Respondent's practice and billing shall be monitored by approved monitor.

12 Respondent shall make al! re<.:ords available for immediate inspectiun and copying on the

13 premises by the monitor at all times during business hours and retain the- re-cords the

14 entire tenn probation.

15 If Respondent fails to obtain approval of a monitor vvithin <.:alendar days of the etleetivc

16 date this Decision. Respondent shall receive a notification from Board or ib Jesigne~.: to

17 cease the practi;.:e of medicine within three (3) calendar days ailt.:r so notified. Respondent

18 shall cease the practice medicine until a monitor is approved to provide monitoring

19 responsibility.

Thc.: shall submit a quarterly \Hittcn report to the Buard or its cksignec \vhich

21 includes an evaluation of Respondent's pcrfonnancc. indicating Respondent's practices

'"' are within the standards practice of medidne and billing, and whether Respondent is practicing

23 medicine safe!y. billing appropriatdy or both, It shall be the sole responsibility Respondent to

24 ensure that !he monitor submits the quarterly written reports to the or its dcsignel..' \vithin

25 10 calendar days after the end of the preceding quarteL

26 lfthe moniwr resigns or is no longer available. Respondent \Vi thin 5 calendar days uf

27 such resignation or unavailability, submit to the Board or its for prior approval. the

28 name and qualifications a replacement monitor who \vi!! be that responsibility within

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SllPLL:\TED SFTTLE'vlE~T ( ltJ-20 l2>225650l

15 calendar lf Respondent fails to obtain approval a n:placcmcnt v;ithin 60

calendar davs ofthc resi:.mation m unavailabilitv of the monitor, R<..:spondcnt shall . ~ .

4 c~Mndar days after being so notified Respondent shall cease the practice medkint: until a

5 replacement monitor is approved and assun10s monitoring responsibil

6 ln !it:u a monitor. Respondent may participate in a ·enhunccment program

7 equivalent to the one offered by the Physician Assessment and Clinical Edw.:ution Program at

8 Lfniversity of California. San Diego School of Medieine. that includes. at minirnum, quarterly

9 chan review·, semi-annual pradice assessment and semi-annual n::vt('W professional

1 0 and education. Respondent shall participate in the professional cnhan...:cm~.:'nt program at

11 Respondent's expense during the knn of probation.

1 J solo practice medicine. Prohibih:d solo practice includ-:-s. but is not limited to. a practice

14 where: 1) Respondent merely shares office space with another physician but is not amliated for

15 purposes of pnwiding patient care. or 2) Respondent is the sole practitioner at that

17 lfRespon(knt fails to establish a practice \\·ith another physician or secun: employment in

18 an appropriate practic..: setting within 60 calendar days of th..: dlecti h' date of this Decision.

19 Respondent shall n:cciv<..: a notification from the Board or its designe..: to cease the practice of

20 medidne within three (3) calendar days after being so notified. The Respondent shall not resume

21 practice umil an appropriat..: practice setting is established.

I[ during the course of the probation. the Respondent's practice setting changes and the

Respondent is no tonger practicing in a s-:-tting in complinnc-:- with Decision, the Respondent

shall notify the Board or its designee within 5 calendar days rractic..: st:tting change. If

Respondent fails to establish a practice with another physician or sccun: employment in an

appropriate practice setting within 60 calendar days of the practice selling change, Respondent

27 shall recei;e u notit1cation from the Board or its designee to c..:ase prat.:tice of medicine within

28 thre>.:: (3} calendar days after being so notitlcd. The Respondent shall not resume practice until an

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appropriate practice setting is established.

2 STANDARD CO:"JDITiONS

3 6. NOTIFICXUON. \Vithin seven (7) days of1hc effccti\e date this Decision,

-t Rcsponck•nt shall provide a true copy of this Decision and to the Chief Starr or

5 Chief Exccutivt Officer at tvcry hospital where privileges or arc extended to

6 Respondent at any other facility \vherc Respondent engages in of medicine.

7 including ali physician and locum tenens registries or other similar and to the Chier

8 Executive Oftkcr at every insurance currier which extends malpractke insurance coverage tn

9 Respondent. Rcspondem shall submit proof of compliance to Board or its designee within 15

l 0 calendar days.

ll This condition shall apply to any changc(s) in hospitals, other i:tcilitics or insurance

!2 7. SUPERVISIQN OF PHYSICIAN ASSISTANTS. probation, Respondent is

13 prohibited from supervising physieiun assistants.

14 8. Respondent shall obey all federaL state and local hms. al! ruks

!5 governing tht.• practice of medicine in California and remain in full nm1pliancc with any court

!6 ,,rdered criminal probation. payments, and other orders.

17 9. QL~RTERLY DECLARAI]Q.:\S. Respondent shall submit quarterly declarations

1 s under penalty of pc~jury on f(:mns provided by the Board. stating there has bt:cn

19 comp! iance \Yith a!! the conditions of probation.

20 Respondent shall submit quarterly declarations not later than 0 calendar days after thr.: end

21 of the pr..:ccding: quarter.

24 Respondent shall comply \Vith the Board's probation unit and terms and conditions of

this Decision.

:26 Address Chant!cs

27 Respondent shalL at all times. keep the Board inf(mned Respondent's business and

28 residence addresses. email address (if aYailahk). and tdephonc number. Changes of such

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STIPLLi\TFD SETTLF!v1ENT ( l 9-::o 12-2::56501

addresses shall be immediately communicated in writing to lhc or its designee. Under no

2 circumstances shall a post ofticc box serve as an address of n:n,rcL us aHowcd by Business

3 and Professions Code section 2021 (b).

4 Place of Practice

5 Respondent shall not engage in the practice of medicine in Rcsr1ondcnt"s or patient's plac..:

6 of residence, the patient resides in a skilled nursing fad similar licensed

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9 Respondent shall maintain a current and renevvcd California physician's and surgeon's

l 0 license.

11 Iravel or Rcsidenc.: Outside Califorpia

12 Respondent shall immediately infonn the Board or its in \Vriting, oftnrvel to any

!3 ar..:a.s outside the jurisdil:tion of California which lasts, or is 1\) last. more than thirty ·

14 (30) calendar Jays.

15 ln the event Respondent should lea·ve the State of California hl reside or to practice

16 Respondent shall notify th..: Board or its designee in \\Titing 30 calendar prior to the dates

l 7 departure and return.

18 11. lNTli_R'{lE\\._1\TriUJ.if BOARD OR ITS DESKi_TSEJ~. Respondent shall be

1 y available in person upon request for interviews dthcr at Respondent" s phKe of business or at

20 probation unit office, with or\\ ithout prior notice throughout the term r,f probation.

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12. ):QN:PRACTICE WHILE ON PROB/\JIQ:-.1. Respondent shall notii~· the Board or '

its designee in \vriting \vi thin 15 calendar days of any periods of ncn-practicc lasting more than

30 calendar days and \Vithin l5 calendar days of Respondent's return to practice. t\on-practice is

defined as any period of time Respondent is not practicing medicine )n Califomia as defined in

Business and Professions Code sections 2051 and 2052 for at 4(1 hours in a calendar month

26 in direct patient care. clinical activity or teaching. or other activit;. as approved by the Board. All

27 time spent in an intensive training program which has been appru\'ed by the Board or its designee

28 shall not be considen..:d non-practice. Pra~,;ticing medicine in state of tlK United States or

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FeJeral jurisdiction while on probation with the medical licensing state or

' jurisdiction shall not be considered non-practice. A Board-ordered suspension of practice shall

3 not considered as a period of non-practice.

ln the c\rcnt Respondent" s period of non-practice \Vhi lc on exceeds l ~ cakndar

" months. Respondent shall succcssfu!Iy comph:te a dinical training program that meets the

6 of Condition 18 of the current version ofth..: Boanfs "!vlanual !)isciplinary Orders

7 Disciplinary Guidelines'' prior to resuming the practice medicine.

Rcspondenf s period of non-practice while on probation lhJt exceed t\\o _) years.

9 Periods of non-practice will not apply to the reduction probationary term.

10 Periods non-practice will relieve Respondent ofthc to comply

Jl probationary terms and cc>nditions with the exception of this and the follov. ing h.'m1s

12 and conditions of probation: Obey All LU\\s: and General Rcquin:mcnts.

13 13. co;-viPLETION OF PROBATl~ON. Respondent shaH with ail linancial

14 obligations (e.g .. restitution. probation costs) not later than 120 cak·ndm days prior to the

15 completion probation. successful completion probation. Respondent's c~::rtifkatc shall

!6 he fully restored.

17 14. VJOLATIO'N_QEPROBATION_. Failure to fully any h:rm or condition

J X of probation is a violation or probation. If Respondent violates in any respect, th..:

19 Board. alter giving Respondent notice and the opportunity to be h1..~ard. may revoke probation and

20 carry out the disciplinary order that \Vas stayed. If an Accusation. or to Rc\ okl' Probation.

:21 or an Interim Suspension Order is filed against Respondent during probation. the Board shall have

22 continuing jurisdiction until the matter is finaL and the period prcbation shall be extended until

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the malter is 11 nai.

!5. LJCENSE SLiRRENDEt~. following the cfkctive date Decision. if

Respondent ceases practicing due to retirement or health reasons or otherwise unabk to satisfy

the terms and conditions of probation. Respondent may request !o surrender his or her license.

The Board t·eserves the right to evaluate Respondent's request and!\) cx..:rcisc its discretion in

:28 I· determining whether or nut hl grant the request, or to take any other :1ction d<:.:cmed appropriate

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and n:asonabk under the drcumstanccs. Upon formal acceptance the :>urrender. Respondent

2 :;hall within 15 calendar days deliver Respondent's \Vallet and \\all ccrtilicatc to the Board or its

3 designee and Respondent shall no longer practice medicine. Respondent will no longer be

4 to the tenns conditions probation. ! f Respondent re-applies a mcdit:a] license. the

5 applicution shall be treated as a petition for reinstatement of a

6 !6. ]:,ROBA TION iv10~ITOR!NG ('OSTS. Respondent

7 with probation monitoring each and every year of probation. as

8 may be adjusted on an annual basis. Such costs shaH

9 California and deliv~red to the Board or its cksignce no later

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certi lie ate.

pay the costs associated

hy the Board.

:vkdical Bourd of

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ST!PU!.i\ l'ED SETll.EMENT ( 1'1-20 \2-2256:\0i

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I lum: rarcthlly read the abow Stipulated Settlement and Disciplinary Order ami fully

discussed it with my attomey, Lewis R. \Valton. Esq .. I U!Kkrstand stipulation and the e!Tcrt

it \vill have on my Physician's and Surgeon's Certificate. 1 enter Stipulated Sdtlement

and Disciplinary Order voluntarily. knov·:ingly, and intelligently. ngrce to be bound by the

D~.~eision and Order nf the \1edieal Board of Califomia.

DATED: Jljlc, J f(,

Rl!spondent

read and fully discussed with Respondent T0\1AS BALLESTEROS RIOS. M.D.

.. 1u orn(i ·j(Jr Responde 11!

The foregoing Stipulated Settlement and Disciplinary Order is hereby respcctft!lly

suhmittcd Dat-:d:

LA20!560:?849

consideration hy the \kdieal Board of Ca!it(m1ia. Respectfully submitted.

KA\IALA Attomev General Calif{xnia

~L ,\LV:\H.\DO

Sup.:rvising !kputy A!torncy (i:encml

·-·-·~

TAt\ l\. D.:puty Allorneys

28 620l567i.doc

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ST! PliLXIFD 'Sl'n.EM ENT ( 19-20 I 2-225650)

Exhibit A

Accusation No. 19-2012-225650

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KAMALA 0. HARRIS Attorney General of California JUDITH T. ALVARADO Supervising Deputy Attorney General TAN N. TRAN Deputy Attorney General State Bar No. 197775 CALIPORNIA DEPARTMENT OF JUSTICE

300 So. Spring Street, Suite 1702 Los Angeles, CA 900 13 Telephone: (213) 897-6793 Facsimile: (213) 897-9395

Attorneysfor Complainant

ST. FILED MEDICA~~ OF CALIFORNIA

SACRAMENTO R(?~O: CALIFORNIA BY "/'\ p I • • &;__ j I - 20 I '5 ~ I \I Cii ' ''<~ ~ ANALYST'

6

7

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9

BEFORE THE MEDICAL BOARD OF CALIFORNIA

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

10

11 In the Matter of the Accusation Against:

12 Tomas Ballesteros Rios, M.D. 1436 Crestmont Drive, Unit 6726

13 Bakersfield, CA 93386-7036

14 Physician's and Surgeon's Certificate No. A54078,

15

16

17

18 Complainant alleges:

Respondent.

Case No. 19-2012-225650

ACCUSATION

19 PARTIES

20 1. Kimberly Kirchmeycr (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 March 29, 1995, the Medical Board issued Physician's and Surgeon's

24 Certificate Number A54078 to Tomas Ballesteros Rios, 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 December 31, 2016, unless renewed.

27 Ill

28 Ill

(TOMAS BALLESTEROS RIOS, M.D.) ACCUSATION NO. 19-2012-225650

.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 unless otherwise indicated.

4. Section 2004 of the Code states: 4

5 "The board shall have the responsibility tor the following:

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

7 Act.

8 "(b) The administration and hearing of disciplinary actions.

9 "(c) Carrying out disciplinary actions appropriate to findings made by a panel or an

10 administrative law judge.

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

12 disciplinary actions.

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

14 certificate holders under the jurisdiction of the board.

15 "(t) Approving undergraduate and graduate medical education programs.

16 "(g) Approving clinical clerkship and special programs and hospitals for the programs in

17 subdivision (t).

18 "(h) Issuing licenses and certificates under the board's jurisdiction.

19 "(i) Administering the board's continuing medical education program."

20 5. Section 2227 of the Code provides that a licensee who is found guilty under the

21 Medical Practice Act may have his or her license revoked, suspended for a period not to exceed

22 one year, placed on probation and required to pay the costs of probation monitoring, or such other

23 action taken in relation to discipline as the Board deems proper.

24 6. Section 2234 of the Code, states:

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

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

27 limited to, the following:

28 Ill

2

(TOMAS BALLESTEROS RIOS, M.D.) ACCUSATION NO. 19-2012-225650

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

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

3 "(b) Gross negligence.

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

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

6 the applicable standard of care shall constitute repeated negligent acts.

7 "( 1) An initial negligent diagnosis followed by an act or omission medically appropriate

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

9 "(2) When the standard of care requires a change in the diagnosis, act, or omission that

10 constitutes the negligent act described in paragraph ( 1 ), including, but not limited to, a

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

12 applicable standard of care, each departure constitutes a separate and distinct breach of the

13 standard of care.

14 "(d) Incompetence.

15 "(e) The commission of any act involving dishonesty or corruption which is substantially

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

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

18 "(g) The practice of medicine from this state into another state or country without meeting

19 the legal requirements of that state or country for the practice of medicine. Section 2314 shall not

20 apply to this subdivision. This subdivision shall become operative upon the implementation of

21 the proposed registration program described in Section 2052.5.

22 "(h) The repeated failure by a certificate holder, in the absence of good cause, to attend and

23 participate in an interview by the board. This subdivision shall only apply to a certificate holder

24 who is the subject of an investigation by the board."

25 7. Section 2236 of the Code states:

26 "(a) The conviction of any offense substantially related to the qualifications, functions, or

27 duties of a physician and surgeon constitutes unprofessional conduct within the meaning of this

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(TOMAS BALLESTEROS RIOS, M.D.) ACCUSATION NO. 19-2012-225650

chapter [Chapter 5, the Medical Practice Act]. The record of conviction shall be conclusive

2 evidence only of the fact that the conviction occurred.

3 .. "(b) The district attorney, city attorney, or other prosecuting agency shall notify the

4 Division ofMedical Quality' ofthe pendency of an action against a licensee charging a felony or

5 misdemeanor immediately upon obtaining information that the defendant is a licensee. The

6 notice shall identify the licensee and describe the crimes charged and the facts alleged. The

7 prosecuting agency shall also notify the clerk of the court in which the action is pending that the

8 defendant is a licensee, and the clerk shall record prominently in the file that the defendant holds

9 a license as a physician and surgeon.

10 "(c) The clerk of the court in which a licensee is convicted of a crime shall, within 48 hours

11 after the conviction, transmit a certified copy of the record of conviction to the board. The

12 division may inquire into the circumstances surrounding the commission of a crime in order to fix

13 the degree of discipline or to detern1ine if the conviction is of an offense substantially related to

14 the qualifications, functions, or duties of a physician and surgeon.

15 "(d) A plea or verdict of guilty or a conviction after a plea of nolo contendere is deemed to

16 be a conviction within the meaning of this section and Section 2236.1. The record of conviction

17 shall be conclusive evidence ofthe fact that the conviction occurred."

18 8. Section 802.1 of the Code states:

19 '"(a) ( 1) A physician and surgeon, doctor of podiatric medicine and a physician assistant

20 shall report either of the toll owing to the entity that issued his or her license:

21 "(A) The bringing of an indictment or information charging a felony

22 against the licensee.

23 '"(B) The conviction of the licensee, including any verdict of guilty, or plea of guilty or no

24 contest, of any felony or misdemeanor.

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California Business and Professions Code section 2002, as amended and effective January 1, 2008, provides that, unless otherwise expressly provided, the term "board" as used in the State Medical Practice Act (Cal. Bus. & Prof. Code, section 2000, et.seq.) means the "Medical Board of California," and references to the "Division of Medical Quality" and "Division of Licensing" in the Act or any other provision of law shall be deemed to refer to the Board.

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''(2) The report required by this subdivision shall be made in writing within 30 days of the

2 date of the bringing of the indictment or information or of the conviction.

3 "(b) Failure to make a report required by this section shall be a public offense punishable by

4 a fine not to exceed five thousand dollars ($5,000)."

5 FIRST CAUSE FOR DISCIPLINE

6 (Conviction of Crime)

7 9. Respondent is subject to disciplinary action under section 2236 ofthe Code, in that he

8 was convicted of a crime substantially related to the qualifications, functions or duties of a

9 physician. The circumstances are as follows:

10 10. On or about November 5, 2014, in the case entitled The People ofthe State of

11 California v. Tomas Ballesteros Rios, Kern County Superior Court Case No. BF141700F,

12 Respondent was convicted of violating California Penal Code section 182 (Conspiracy to Commit

13 Insurance Fraud).

14 11. As a result of said plea, Respondent was sentenced to three (3) years felony

15 probation, with terms and conditions, and payment of iines and restitution, including the

16 completion of 3 50 hours of community service.

17 SECOND CAUSE FOR DISCIPLINE

18 (Failure to Report Conviction)

19 12. Respondent is subject to disciplinary action under sections 2234, subdivision (a), and

20 section 802.1, of the Code, in that he was convicted of a crime substantially related to the

21 qualifications, functions or duties of a physician and failed to report said conviction to the Board.

22 The circumstances are as follows:

23 13. Paragraphs 10 through 11, inclusive, above are incorporated by reference herein as if

24 fully set forth.

25 Ill

26 Ill

27 Ill

28 Ill

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(TOMAS BALLESTEROS RIOS, M.D.) ACCUSATION NO. 19-2012-225650

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THIRD CAUSE FOR DISCIPLINE

(Unprofessional Conduct)

14. By reason of the facts and opinions set forth in the First Cause for Discipline above,

Respondent is subject to disciplinary action for unprofessional conduct under section 2234 of the

Code.

15. Paragraphs 10 through 1 I, inclusive, above are incorporated by reference herein as if

fully set forth. FOURTH CAUSE FOR DISCIPLINE

(Dishonest/Corrupt Acts)

16. By reason of the facts and opinions set forth in the First Cause for Discipline

above, Respondent is subject to disciplinary action for dishonest/corrupt acts under section 2234,

subdivision (e), of the Code.

17. Paragraphs 10 through I I, inclusive, above are incorporated by reference herein as if

fully set forth.

PRAYER

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

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

I. Revoking or suspending Physician's and Surgeon's Certificate Number A54078,

issued to Tomas Ballesteros Rios, M.D.;

2. Revoking, suspending or denying approval ofTomas Ballesteros Rios, M.D.'s

authority to supervise physician assistants, pursuant to section 3527 of the Code;

3. Ordering Tomas Ballesteros Rios, M.D., if placed on probation, to pay the Board the

costs of probation monitoring;

4. Ordering Tomas Ballesteros Rios, M.D. to pay fines and penalties pursuant to section

802.1 of the Code; and

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(TOMAS BALLESTEROS RIOS, M.D.) ACCUSATION NO. 19-2012-225650

5. Taking such other and further action as deemed necessary and proper.

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KIMBERLY KIRCHMEYER Executive Director Medical Board of California Department of Consumer Affairs State of California Complainant

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