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XAVIER BECERRA Attorney General of California
2 ALEXANDRA M. ALVAREZ Supervising Deputy Attorney General
3 JANNSEN TAN Deputy Attorney General
4 State Bar No. 237826 1300 I Street, Suite 125
5 P.O. Box 944255 Sacramento, CA 94244-2550
6 Telephone: (916) 445-3496 Facsimile: (916) 327-2247
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8 Attorneys for Complainant
9 BEFORE THE MEDICAL BOARD OF CALIFORNIA
10 DEPARTMENT OF CONSUMER AFFAIRS
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STATE OF CALIFORNIA
In the Matter of the Accusation and Petition to Revoke Probation Against,
SHAHZAD NASEEM, M.D. 1869 Blevin Road Yuba City, CA 95993
Physician's and Surgeon's Certificate No. A 75541
Respondent.
Case No. 800-2016-027857
DEFAULT DECISION AND ORDER
[Gov. Code, §11520]
FINDINGS OF FACT
1. On or about February 2, 2017, Complainant Kimberly Kirchmeyer, in her official
capacity as the Executive Director of the Medical Board of California, Department of Consumer
Affairs, filed Accusation and Petition to Revoke Probation No. 800-2016-027857 against Shahzad
Naseem, M.D. (Respondent) before the Medical Board of California. A true and correct copy of
the Accusation/Petition to Revoke Probation No. 800-2016-027857 and related documents is
attached as Exhibit 1 in the separate accompanying "Default Decision Evidence Packet". 1
Ill
Ill
1 The Exhibits referred to herein, which are true and correct copies of the originals, are contained in the separate accompanying "Default Decision Evidence Packet."
(SHAHZAD NASEEM, M.D.) DEFAULT DECISION & ORDER (Case No. 800-2016-027857)
2. On or about June 29, 2001, the Medical Board of California (Board) issued
2 Physician's and Surgeon's Certificate No. A 75541 to Respondent. The Physician's and
3 Surgeon's Certificate expired on June 30, 2015, and has not been renewed.
4 3. On or about February 2, 2017, Robyn Fitzwater, an employee of the Medical Board,
5 served by Certified Mail a copy of the Accusation and Petition to Revoke Probation No. 800-
6 2016-027857, and related documents to Respondent's address of record with the Board, which
7 was and is 1869 Blevin Road Yuba City, CA 95993.
8 4. Service of the Accusation and Petition to Revoke Probation was effective as a matter
9 of law under the provisions of Government Code section 11505, subdivision (c).
10 5. On or about February 17, 2017, the aforementioned documents were returned by the
11 U.S. Postal Service marked "Unclaimed." A copy of the envelope returned by the post office is
12 attached as Exhibit 2, and is incorporated herein by reference.
13 6. Business and Professions Code section 118 states, in pertinent part:
14 "(b) The suspension, expiration, or forfeiture by operation of law of a license issued by a
15 board in the department, or its suspension, forfeiture, or cancellation by order of the board or by
16 order of a court of law, or its surrender without the written consent of the board, shall not, during
17 any period in which it may be renewed, restored, reissued, or reinstated, deprive the board of its
18 authority to institute or continue a disciplinary proceeding against the licensee upon any ground
19 provided by law or to enter an order suspending or revoking the license or otherwise taking
20 disciplinary action against the license on any such ground."
21 7. Government Code section 11506 states, in pertinent part:
22 "(c) The respondent shall be entitled to a hearing on the merits if the respondent files a
23 notice of defense, and the notice shall be deemed a specific denial of all parts of the accusation
24 not expressly admitted. Failure to file a notice of defense shall constitute a waiver of
25 respondent's right to a hearing, but the agency in its discretion may nevertheless grant a hearing."
26 8. Respondent failed to file a Notice of Defense within 15 days after service upon him
27 of the Accusation and Petition to Revoke Probation, and therefore waived his right to a hearing on
28 the merits of Accusation and Petition to Revoke Probation No. 800-2016-027857.
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(SHAHZAD NASEEM, M.D.) DEFAULT DECISION & ORDER (Case No. 800-2016-027857)
1 9. California Government Code section 11520 states, in pertinent part:
2 "(a) If the respondent either fails to file a notice of defense or to appear at the hearing, the
3 agency may take action based upon the respondent's express admissions or upon other evidence
4 and affidavits may be used as evidence without any notice to respondent."
5 10. Pursuant to its authority under Government Code section 11520, the Board finds
6 Respondent is in default. The Board will take action without further hearing and, based on
7 Respondent's express admissions by way of default and the evidence before it, contained in
8 Exhibits 1, 2, and 3, finds that the allegations in Accusation and Petition to Revoke Probation No.
9 800-2016-027857 are true and correct.
10 11. Section 2227 of the Code provides that a licensee who is found guilty under the
11 Medical Practice Act may have his or her license revoked, suspended for a period not to exceed
12 one year, placed on probation and required to pay the costs of probation monitoring, or such other
13 action taken in relation to discipline as the Board deems proper.
14 12. Section 2234 of the Code, states:
15 "The board shall take action against any licensee who is charged with unprofessional
16 conduct2. In addition to other provisions of this article, unprofessional conduct includes, but is
17 not limited to, the following:
18 "(a) Violating or attempting to violate, directly or indirectly, assisting in or abetting the
19 violation of, or conspiring to violate any provision of this chapter.
20 ''(b) Gross negligence.
21 "(c) Repeated negligent acts. To be repeated, there must be two or more negligent acts or
22 omissions. An initial negligent act or omission followed by a separate and distinct departure from
23 the applicable standard of care shall constitute repeated negligent acts.
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26 2 Unprofessional conduct has been defined as conduct which breaches the rules or ethical code of the medical profession, or conduct which is unbecoming a member in good standing of
27 the medical profession, and which demonstrates an unfitness to practice medicine. (Shea v. Board of Medical Examiners (1978) 81 Cal.App.3d 564, 575.)
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(SHAHZAD NASEEM, M.D.) DEFAULT DECISION & ORDER (Case No. 800-2016-027857)
"( 1) An initial negligent diagnosis followed by an act or omission medically
2 appropriate for that negligent diagnosis of the patient shall constitute a single negligent act.
3 "(2) When the standard of care requires a change in the diagnosis, act, or omission
4 that constitutes the negligent act described in paragraph (1), including, but not limited to, a
5 reevaluation of the diagnosis or a change in treatment, and the license's conduct departs from the
6 applicable standard of care, each departure constitutes a separate and distinct breach of the
7 standard of care.
8 "(d) Incompetence.
9 "(e) The commission of any act involving dishonesty or corruption which is substantially
10 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.
12 "(g) The practice of medicine from this state into another state or country without meeting
13 the legal requirements of that state or country for the practice of medicine. Section 2314 shall not
14 apply to this subdivision. This subdivision shall become operative upon the implementation of
15 the proposed registration program described in Section 2052.5."
16 ''(h) The repeated failure by a certificate holder, in the absence of good cause, to attend
17 and participate in an interview by the board. This subdivision shall only apply to a certificate
18 holder who is the subject of an investigation by the board."
19 13. Section 118 of the Code, states:
20 ''(a) The withdrawal of an application for a license after it has been filed with a board in
21 the department shall not, unless the board has consented in writing to such withdrawal, deprive
22 the board of its authority to institute or continue a proceeding against the applicant for the denial
23 of the license upon any ground provided by law or to enter an order denying the license upon any
24 such ground.
25 ''(b) The suspension, expiration, or forfeiture by operation of law of a license issued by a
26 board in the department, or its suspension, forfeiture, or cancellation by order of the board or by
27 order of a court of law, or its surrender without the written consent of the board, shall not, during
28 any period in which it may be renewed, restored, reissued, or reinstated, deprive the board of its
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(SHAHZAD NASEEM, M.D.) DEFAULT DECISION & ORDER (Case No. 800-2016-027857)
1 authority to institute or continue a disciplinary proceeding against the licensee upon any ground
2 provided by law or to enter an order suspending or revoking the license or otherwise taking
3 disciplinary action against the licensee on any such ground.
4 "(c) As used in this section, 'board' includes an individual who is authorized by any
5 provision of this code to issue, suspend, or revoke a license, and 'license' includes 'certificate,'
6 'registration,' and 'permit."'
7 14. True and correct copies of the affidavit of probation monitor supervisor William
8 Sherrard is attached as Exhibit 3, and is incorporated herein by reference. The facts alleged
9 therein are deemed true and shall form part of the administrative record relied upon by the agency
10 in its determination of the issues.
11 15. Respondent's probation in Case No. 02-2012-227517 is subject to revocation and he
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has subjected his Physician's and Surgeon's Certificate No. A 75541 to disciplinary action, as
more particularly alleged hereinafter:
Ill
a. Violating Condition 9 of Respondent's probation in Case No. 02-2012-227517,
for failing to meet with the Board's assigned probation monitor, and submit quarterly
declarations;
b. Violating Condition 10 of Respondent's probation in Case No. 02-2012-
227517, for failing to inform the Board of his current business and residence
addresses, email, and telephone numbers and any changes thereto;
c. Violating Condition 10 of Respondent's probation in Case No. 02-2012-
227517, for failing to renew his physician's and surgeon's license, which expired
June 20, 2015;
d. Violating Condition 10 of Respondent's probation in Case No. 02-2012-
227517, for failing to immediately notify the Board in writing of travel to any area
outside the jurisdiction of California, which is contemplated to last more than 30
days, and to notify the Board in writing 30 days prior to leaving California to reside
or practice in another state;
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(SHAHZAD NASEEM, M.D.) DEFAULT DECISION & ORDER (Case No. 800-2016-027857)
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11 1.
e. Violating Condition 12 of Respondent's probation in Case No. 02-2012-
227517, for failing to notify the Board of his non-practice of medicine for more than
two years;
f. Violating the terms and conditions of Respondent's probation in Case No. 02-
2012-227517, for failing to comply with the Board's probation unit and all terms and
conditions of his probation; and
g. Engaging in unprofessional conduct, as defined by Business and Professions
Code section 2234, by failing to abide by the terms and conditions of his probation
and failing to comply with the Board's probation unit.
DETERMINATION OF ISSUES
Based on the foregoing findings of fact, Respondent Shahzad Naseem, M.D. has
12 subjected his Physician's and Surgeon's Certificate No. A 75541 to discipline.
13 2. A copy of the Accusation and Petition to Revoke Probation and the related documents
14 and Declaration of Service are attached.
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4.
The agency has jurisdiction to adjudicate this case by default.
Pursuant to the authority under California Government Code section 11520, and
17 based on the evidence before it, the Board hereby finds that the charges and allegations contained
18 in Accusation and Petition Revoke No. 800-2016-027857, and the Findings of Fact contained in
19 paragraphs 1 through 15, above, and each of them, separately and severally, are true and correct.
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(SHAHZAD NASEEM, M.D.) DEFAULT DECISION & ORDER (Case No. 800-2016-027857)
ORDER
2 IT IS SO ORDERED that Physician's and Surgeon's Certificate No. A 75541, heretofore
3 issued to Respondent Shahzad Naseem, M.D., is revoked.
4 Pursuant to Government Code section 11520, subdivision (c), Respondent may serve a
5 written motion requesting that the Decision be vacated and stating the grounds relied on within
6 seven (7) days after service of the Decision on Respondent. The agency in its discretion may
7 vacate the Decision and grant a hearing on a showing of good cause, as defined in the statute.
8 This Decision shall become effective on June 9, 2 01 7
9 It is so ORDERED May 11, 201 7
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28 SA20 16302563
32829189.docx
DEPARTMENT OF CONSUMER AFFAIRS
KIMBERLY KIRCHMEYER Executive Director
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(SHAHZAD NASEEM, M.D.) DEFAULT DECISION & ORDER (Case No. 800-2016-027857)
1 KATHLEEN A. KENEALY Acting Attorney General of California
2 ALEXANDRA M. ALVAREZ Supervising Deputy Attorney General
3 JANNSEN TAN Deputy Attorney General
4 State Bar No. 237826 1300 I Street, Suite 125
5 P.O. Box 944255 Sacramento, CA 94244-2550
6 Telephone: (916) 445-3496 Facsimile: (916) 327-2247
7 Attorneys for Complainant
FILED STATE OF CALIFORNIA
MEDICAL BOARD OF CALIFORNIA SACRAMENTO fz'C'i :,.,., ,, ;> 20_/_~·-By I,. :' ; ' ., 1 • i··- :, , .. J ANALYST J '>-i • ,, j' Jj -~ ·• ,/ 1•'·', c'r( (
8
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10 BEFORE THE
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MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS
STATE OF CALIFORNIA
In the Matter of the Accusation and Petition to Revoke Probation Against:
Shahzad Naseem, M.D. 1869 Blevin Road Yuba City, CA 95993
Physician's and Surgeon's Certificate No. A 75541,
Respondent.
Complainant alleges:
PARTIES
Case No. 800-2016-027857
ACCUSATION AND PETITION TO REVOKE PROBATION
21 1. Kimberly Kirchmeyer (Complainant) brings this Accusation and Petition to Revoke
22 Probation solely in her official capacity as the Executive Director of the Medical Board of
23 California, Department of Consumer Affairs (Board).
24 2. On or about June 29, 2001, the Medical Board issued Physician's and Surgeon's
25 Certificate No. A 75541 to Shahzad Naseem, M.D. (Respondent). The Physician's and Surgeon's
26 Certificate expired on June 30,2015, and has not been renewed.
27 Ill
28 Ill
1
Accusation and Petition to Revoke Probation ( 800-20 16-027857)
1 DISCIPLINARY HISTORY
2 3. On or about September 10, 2013, the Executive Officer ofthe Medical Board of
3 California (Board) filed an Accusation against Respondent in the matter entitled: In the Matter of
4 the Accusation Against: Shahzad Naseem, MD., Case No. 02-2012-227517.
5 4. On or about July 10, 2014, Respondent signed a Stipulated Settlement and
6 Disciplinary Order to resolve the Accusation. Respondent admitted the truth of each and every
7 charge and allegation in Accusation No. 02-2012-227517.
8 5. By Decision dated August 7, 2014, and effective September 5, 2014, in the case
9 entitled: In the Matter of the Accusation Against: Shahzad Naseem, MD., Case No. 02-2012-
10 227517, the Board revoked Respondent's Physician's and Surgeon's Certificate. The revocation
11 was stayed and Respondent's license was placed on five (5) years probation with various terms
12 and conditions. A true and correct copy of the decision is attached hereto as Exhibit A and is
13 incorporated herein by reference.
14 JURISDICTION
15 6. This Accusation and Petition to Revoke Probation is brought before the Board, under
16 the authority of the following laws. All section references are to the Business and Professions
17 Code unless otherwise indicated.
18 7. Section 2227 of the Code provides that a licensee who is found guilty under the
19 Medical Practice Act may have his or her license revoked, suspended for a period not to exceed
20 one year, placed on probation and required to pay the costs of probation monitoring, or such other
21 action taken in relation to discipline as the Board deems proper.
22 8. Section 2234 of the Code, states:
23 "The board shall take action against any licensee who is charged with unprofessional
24 conduct1• In addition to other provisions of this article, unprofessional conduct includes, but is
25 not limited to, the following:
26 1 Unprofessional conduct has been defined as conduct which breaches the rules or ethical code of the medical profession, or conduct which is unbecoming a member in good standing of
27 the medical profession, and which demonstrates an unfitness to practice medicine. (Shea v. Board of Medical Examiners (1978) 81 Cal.App.3d 564, 575.)
28
2
Accusation and Petition to Revoke Probation ( 800-20 16-027857)
1 "(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 om1sswns. 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
8 appropriate 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 license'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
23 and participate in an interview by the board. This subdivision shall only apply to a certificate
24 holder who is the subject of an investigation by the board."
25 9. Section 118 of the Code, states:
26 "(a) The withdrawal of an application for a license after it has been filed with a board in
27 the department shall not, unless the board has consented in writing to such withdrawal, deprive
28 the board of its authority to institute or continue a proceeding against the applicant for the denial
3
Accusation and Petition to Revoke Probation ( 800-20 16-027857)
1 of the license upon any ground provided by law or to enter an order denying the license upon any
2 such ground.
3 (b) The suspension, expiration, or forfeiture by operation of law of a license issued by a
4 board in the department, or its suspension, forfeiture, or cancellation by order of the board or by
5 order of a court oflaw, or its surrender without the written consent of the board, shall not, during
6 any period in which it may be renewed, restored, reissued, or reinstated, deprive the board of its
7 authority to institute or continue a disciplinary proceeding against the licensee upon any ground
8 provided by law or to enter an order suspending or revoking the license or otherwise taking
9 disciplinary action against the licensee on any such ground.
10 (c) As used in this section, "board" includes an individual who is authorized by any
11 provision of this code to issue, suspend, or revoke a license, and "license" includes "certificate,"
12 "registration," and "permit."
13 FIRST CAUSE TO REVOKE PROBATION (Quarterly Declarations)
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15 10. At all times after the effective date of Respondent's probation in Case No. 02-2012-
16 227517, Condition No.9 provided:
1 7 "Quarterly Declarations
18 Respondent shall submit quarterly declarations under penalty of perjury on forms provided by the Board, stating whether there has been compliance with all the
19 conditions of probation.
20 Respondent shall submit quarterly declarations not later than 10 calendar days after the end of the preceding quarter."
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22 11. On or about August 14, 2014, the Board probation monitor mailed a letter to
23 Respondent to set up an initial intake interview. The letter was returned with no forwarding
24 address.
25 12. On or about August 28, 2014, the Board probation monitor contacted Respondent via
26 telephone. Respondent informed the Board probation monitor that he was not practicing
27 medicine, and he was currently residing in Pakistan. Respondent stated that he was not sure how
28 long he will stay in Pakistan.
4
Accusation and Petition to Revoke Probation ( 800-20 16-027857)
1 13. On or about March 15, 2015, the Board probation monitor left a voicemail message
2 for Respondent advising him to contact the Board when he returns to California to set up an initial
3 intake interview.
4 14. On or about June 5, 2015, the Board probation monitor telephoned Respondent and
5 left a voicemail. Respondent returned the call the same day and stated that he was still in Pakistan
6 and not sure when he will return to California.
7 15. On or about June 30, 2015, Respondent's physician's and surgeon's license expired,
8 and was not renewed.
9 16. On June 16, 2016, the Board probation monitor advised Respondent that he is in
10 violation of his probation for failure to renew his license. The Board also notified Respondent
11 that he is required to notify the Board immediately in writing of any change in residence, business
12 address or telephone number.
13 17. Respondent's probation is subject to revocation in that Respondent failed to meet
14 with the Board assigned probation monitor, and submit quarterly and/or semi-annual declarations.
15 SECOND CAUSE TO REVOKE PROBATION (Failure to Abide by General Probation Requirements)
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17 18. At all times after the effective date of Respondent's probation in Case No. 02-2012-
18 227517, Condition No. 10 provided:
19 "Compliance with Probation Unit
20 Respondent shall comply with the Board's probation unit and all terms and conditions of this Decision.
21 Address Changes
22 Respondent shall, at all times, keep the Board informed of Respondent's business and
23 residence addresses, email address (if available), and telephone number. Changes of such addresses shall be immediately communicated in writing to the Board or its
24 designee. Under no circumstances shall a post office box serve as an address of record, except as allowed by Business and Professions Code section 202l(b ).
25 Place of Practice
26 Respondent shall not engage in the practice of medicine in Respondent's or patient's
27 place of residence, unless the patient resides in a skilled nursing facility or other similar licensed facility.
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Accusation and Petition to Revoke Probation ( 800-20 16-027857)
License Renewal
2 Respondent shall maintain a current and renewed California physician's and surgeon's license.
3 Travel or Residence Outside California
4 Respondent shall immediately inform the Board or its designee, in writing, of travel to
5 any areas outside the jurisdiction of California which lasts, or is contemplated to last, more than thirty (30) calendar days.
6 In the event Respondent should leave the State of California to reside or to practice
7 respondent shall notify the Board or its designee in writing 30 calendar days prior to the dates of departure and return."
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9 19. Paragraphs 10 through 15, above, are hereby incorporated by reference and realleged
10 as if fully set forth herein.
11 20. Respondent's probation is subject to revocation in that Respondent failed to inform
12 the Board of his current business and residence addresses, email, and telephone numbers and any
13 changes thereto.
14 21. Respondent's probation is subject to revocation in that Respondent failed to renew his
15 license which expired June 30, 2015.
16 22. Respondent's probation is subject to revocation in that Respondent failed to
17 immediately notify the Board in writing of travel to any area outside the jurisdiction of California
18 which is contemplated to last more than 30 days, and to notify the Board in writing 30 days prior
19 to leaving California to reside or practice in another state.
20 23. Respondent's probation is subject to revocation in that Respondent failed to comply
21 with the Board's probation unit and all terms and conditions of his probation.
22 THIRD CAUSE TO REVOKE PROBATION
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(Non-Practice for Two Years)
24. At all times after the effective date of Respondent's probation in Case No. 02-2012-
227517, Condition No. 12 provided:
"Non-Practice While On Probation
Respondent shall notify the Board or its designee in writing within 15 calendar days of any periods of non-practice lasting more than 30 calendar days and within 15 calendar days of Respondent's return to practice. Non-practice is defined as any period of time Respondent
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is not practicing medicine in California as defined in Business and Professions Code sections 2051 and 2052 for at least 40 hours in a calendar month in direct patient care, clinical activity or teaching, or other activity as approved by the Board. All time spent in an intensive training program which has been approved by the Board or its designee shall not be considered non-practice. Practicing medicine in another state of the United States or Federal jurisdiction while on probation with the medical licensing authority of that state or jurisdiction shall not be considered non-practice. A Board-ordered suspension of practice shall not be considered as a period of non-practice.
In the event Respondent's period of non-practice while on probation exceeds 18 calendar months, Respondent shall successfully complete a clinical training program that meets the criteria of Condition 18 of the current version of the Board's "Manual of Model Disciplinary Orders and Disciplinary Guidelines" prior to resuming the practice of medicine.
Respondent's period of non-practice while on probation shall not exceed two (2) years. Periods of non-practice will not apply to the reduction of the probationary term. Periods of no practice will relieve Respondent of the responsibility to comply with the probationary terms and conditions with the exception of this condition and the following terms and conditions of probation: Obey All Laws; and General Probation Requirements."
25. Paragraphs 10 through 15, above, are hereby incorporated by reference and realleged
as if fully set forth herein.
26. Respondent's probation is subject to revocation in that Respondent failed to notify the
Board of his non-practice of medicine for more than two years.
FIRST CAUSE FOR DISCIPLINE (General Unprofessional Conduct)
20 27. Respondent is further subject to discipline under sections 2227 and 2234, as defined
21 by section 2234 of the Code, in that he has engaged in conduct which breaches the rules or ethical
22 code of the medical profession, or conduct which is unbecoming a member in good standing of
23 the medical profession, and which demonstrates an unfitness to practice medicine, as more
24 particularly alleged hereinafter: Paragraphs 10 to 15, above, are hereby incorporated by reference
25 and realleged as if fully set forth herein.
26 28. Respondent engaged in unprofessional conduct when he failed to abide by the terms
27 and conditions of his probation and failed to comply with the Board's probation unit.
28 Ill
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Accusation and Petition to Revoke Probation ( 800-20 16-027857)
1 PRAYER
2 WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged,
3 and that following the hearing, the Medical Board of California issue a decision:
4 1. Revoking or suspending Physician's and Surgeon's Certificate No. A 75541, issued to
5 respondent, Shahzad Naseem, M.D.;
6 2. Revoking the probation that was granted by the Medical Board of California in Case
7 No. 02-2012-227517, and imposing the disciplinary order that was stayed thereby revoking
8 Physician's and Surgeon's Certificate Number A 75541, issued to Shahzad Naseem, M.D.;
9 3. Revoking, suspending or denying approval of respondent, Shahzad Naseem, M.D.'s
10 authority to supervise physician assistants, pursuant to section 3527 of the Code;
11 4. Ordering Shahzad Naseem, M.D., if placed on probation, to pay the Board the costs of
12 probation monitoring; and
13 5. Taking such other and further action as deemed nee ssary and proper.
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15 DATED: February 2, 2017
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26 SA20 16302563
27 32664533.doc
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Executive irector Medical Board of California Department of Consumer Affairs State of California Complainant
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Accusation and Petition to Revoke Probation ( 800-20 16-027857)
EXHIBIT A
BEFORE THE MEDICAL BOARD OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA
In the Matter of the Accusation ) Against: )
) )
SHAHZAD NASEEM, M.D. ) )
Physician's and Surgeon's ) Certificate No. A -7 5541 )
) Respondent )
Case No. 02-2012-227517
DECISION
The attached Stipulated Settlement and Disciplinary Order is hereby adopted as the Decision and Order of the Medical Board of California, Department of Consumer Affairs, State of California.
This Decision shall become effective at 5:00 p.m. on September 5, 2014.
IT IS SO ORDERED: August 7, 2014.
MEDICAL BOARD OF CALIFORNIA
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KAMALA D. HARRIS Attorney General of California JUDITH T. ALVARADO Supervising Deputy Attorney General STEVE DIEHL Deputy Attorney General State Bar No. 235250
California Department of Justice 2550 Mariposa Mall, Room 5090 Fresno, CA 93721 Telephone: (559) 477-1626 Facsimile: (559) 445-5106
Attorneys for Complainant
BEFORE THE MEDICAL BOARD OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA
11 In the Matter of the Accusation Against: Case No. 02-2012-227517
12 SHAHZAD NASEEM, M.D. 1869 Blevin Road
OAH No. 2013100915
13 Yuba City, CA 95993
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Physician's and Surgeon's Certificate No. A 75541,
Respondent.
STIPULATED SETTLEMENT AND DISCIPLINARY ORDER
19 IT IS HEREBY STIPULATED AND AGREED by and between the parties to the above-
20 entitled proceedings that the following matters are true:
21 PARTIES
22 1. Kimberly Kirchmeyer ("Complainant") is the Executive Director of the Medical
23 Board of California. She brought this action solely in her official capacity and is represented in
24 this matter by Kamala D. Harris, Attorney General of the State of California, by Steve Diehl,
25 Deputy Attorney General.
26 2. Respondent Shahzad Naseem, M.D. ("Respondent") is represented in this proceeding
27 by attorney Courtney E. Pilchman, Esq., whose address is: 2030 Main St., Suite 1300, Irvine, CA
28 92614.
STIPULATED SETTLEMENT (02-2012-227517)
3. On or about June 29, 2001, the Medical Board of California issued Physician's and
2 Surgeon's Certificate No. A 75541 to Shahzad Naseem, M.D. The Physician's and Surgeon's
3 Certificate was in full force and effect at all times relevant to the charges brought in Accusation
4 No. 02-2012-227517 and will expire on June 30, 2015, unless renewed.
5 JURISDICTION
6 4. Accusation No. 02-2012-227517 was filed before the Medical Board of California
7 (Board) , Department of Consumer Affairs, and is currently pending against Respondent. The
8 Accusation and all other statutorily required documents were properly served on Respondent on
9 September 10, 2013. Respondent timely filed his Notice of Defense contesting the Accusation.
10 5. A copy of Accusation No. 02-2012-227517 is attached as exhibit A and incorporated
11 herein by reference.
12 ADVISEMENT AND WAIVERS
13 6. Respondent has carefully read, fully discussed with counsel, and understands the
14 charges and allegations in Accusation No. 02-2012-227517. Respondent has also carefully read,
15 fully discussed with counsel, and understands the effects of this Stipulated Settlement and
16 Disciplinary Order.
17 7. Respondent is fully aware ofhis legal rights in this matter, including the right to a
18 hearing on the charges and allegations in the Accusation; the right to be represented by counsel at
19 his own expense; the right to confront and cross-examine the witnesses against him; the right to
20 present evidence and to testify on his own behalf; the right to the issuance of subpoenas to compel
21 the attendance of witnesses and the production of documents; the right to reconsideration and
22 court review of an adverse decision; and all other rights accorded by the California
23 Administrative Procedure Act and other applicable laws.
24 8. Respondent voluntarily, knowingly, and intelligently waives and gives up each and
25 every right set forth above.
26 CULPABILITY
27 9. Respondent admits the truth of each and every charge and allegation in Accusation
28 No. 02-2012-227517.
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STIPULATED SETTLEMENT (02-2012-227517)
10. Respondent agrees that his Physician's and Surgeon's Certificate is subject to
2 discipline and he agrees to be bound by the Board's probationary terms as set forth in the
3 Disciplinary Order below.
4 CONTINGENCY
5 11. This stipulation shall be subject to approval by the Medical Board of California.
6 Respondent understands and agrees that counsel for Complainant and the staff of the Medical
7 Board of California may communicate directly with the Board regarding this stipulation and
8 settlement, without notice to or participation by Respondent or his counsel. By signing the
9 stipulation, Respondent understands and agrees that he may not withdraw his agreement or seek
10 to rescind the stipulation prior to the time the Board considers and acts upon it. If the Board fails
II to adopt this stipulation as its Decision and Order, the Stipulated Settlement and Disciplinary
12 Order shall be of no force or effect, except for this paragraph, it shall be inadmissible in any legal
13 action between the parties, and the Board shall not be disqualified from further action by having
14 considered this matter.
15 12. The parties understand and agree that Portable Document Format (PDF) and facsimile
16 copies of this Stipulated Settlement and Disciplinary Order, including Portable Document Format
17 (PDF) and facsimile signatures thereto, shall have the same force and effect as the originals.
18 13. In consideration of the foregoing admissions and stipulations, the parties agree that
19 the Board may, without further notice or formal proceeding, issue and enter the following
20 Disciplinary Order:
21 DISCIPLINARY ORDER
22 IT IS HEREBY ORDERED that Physician's and Surgeon's Certificate No. A 75541 issued
23 to Respondent Shahzad Naseem, M.D. (Respondent) is revoked. However, the revocation is
24 stayed and Respondent is placed on probation for five (5) years on the following terms and
25 conditions.
26 1. CONTROLLED SUBSTANCES - ABSTAIN FROM USE. Respondent shall abstain
27 completely from the personal use or possession of controlled substances as defined in the
28 California Uniform Controlled Substances Act, dangerous drugs as defined by Business and
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STIPULATED SETTLEMENT (02-2012-227517)
Professions Code section 4022, and any drugs requiring a prescription. This prohibition does not
2 apply to medications lawfully prescribed to Respondent by another practitioner for a bona fide
3 illness or condition.
4 Within 15 calendar days of receiving any lawfully prescribed medications, Respondent
5 shall notify the Board or its designee of the: issuing practitioner's name, address, and telephone
6 number; medication name, strength, and quantity; and issuing pharmacy name, address, and
7 telephone number.
8 If Respondent has a confirmed positive biological fluid test for any substance (whether or
9 not legally prescribed) and has not reported the use to the Board or its designee, Respondent
10 shall receive a notification from the Board or its designee to immediately cease the practice of
11 medicine. The Respondent shall not resume the practice of medicine until final decision on an
12 accusation and/or a petition to revoke probation. An accusation and/or petition to revoke
13 probation shall be filed by the Board within 15 days of the notification to cease practice. If the
14 Respondent requests a hearing on the accusation and/or petition to revoke probation, the Board
15 shall provide the Respondent with a hearing within 30 days of the request, unless the Respondent
16 stipulates to a later hearing. A decision shall be received from the Administrative Law Judge or
17 the Board within 15 days unless good cause can be shown for the delay. The cessation of practice
18 shall not apply to the reduction of the probationary time period.
19 If the Board does not file an accusation or petition to revoke probation within 15 days of the
20 issuance of the notification to cease practice or does not provide Respondent with a hearing
21 within 30 days of a such a request, the notification of cease practice shall be dissolved.
22 2. ALCOHOL- ABSTAIN FROM USE. Respondent shall abstain completely from the
23 use of products or beverages containing alcohol.
24 If Respondent has a confirmed positive biological fluid test for alcohol, Respondent shall
25 receive a notification from the Board or its designee to immediately cease the practice of
26 medicine. The Respondent shall not resume the practice of medicine until final decision on an
27 accusation and/or a petition to revoke probation. An accusation and/or petition to revoke
28 probation shall be filed by the Board within 15 days of the notification to cease practice. If the
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STIPULATED SETTLEMENT (02-2012-227517)
Respondent requests a hearing on the accusation and/or petition to revoke probation, the Board
2 shall provide the Respondent with a hearing within 30 days of the request, unless the Respondent
3 stipulates to a later hearing. A decision shall be received from the Administrative Law Judge or
4 the Board within 15 days unless good cause can be shown for the delay. The cessation of practice
5 shall not apply to the reduction of the probationary time period.
6 If the Board does not file an accusation or petition to revoke probation within 15 days of the
7 issuance of the notification to cease practice or does not provide Respondent with a hearing
8 within 30 days of a such a request, the notification of cease practice shall be dissolved.
9 3. BIOLOGICAL FLUID TESTING. Respondent shall immediately submit to
10 biological fluid testing, at Respondent's expense, upon request of the Board or its designee.
11 "Biological fluid testing" may include, but is not limited to, urine, blood, breathalyzer, hair
12 follicle testing, or similar drug screening approved by the Board or its designee. Prior to
13 practicing medicine, Respondent shall contract with a laboratory or service approved in advance
14 by the Board or its designee that will conduct random, unannounced, observed, biological fluid
15 testing. The contract shall require results of the tests to be transmitted by the laboratory or
16 service directly to the Board or its designee within four hours of the results becoming available.
17 Respondent shall maintain this laboratory or service contract during the period of probation.
18 A certified copy of any laboratory test result shall be received in evidence in any
19 proceedings between the Board and Respondent.
20 If Respondent fails to cooperate in a random biological fluid testing program within the
21 specified time frame, Respondent shall receive a notification from the Board or its designee to
22 immediately cease the practice of medicine. The Respondent shall not resume the practice of
23 medicine until final decision on an accusation and/or a petition to revoke probation. An
24 accusation and/or petition to revoke probation shall be filed by the Board within 15 days of the
25 notification to cease practice. If the Respondent requests a hearing on the accusation and/or
26 petition to revoke probation, the Board shall provide the Respondent with a hearing within 30
27 days of the request, unless the Respondent stipulates to a later hearing. A decision shall be
28 received from the Administrative Law Judge or the Board within 15 days unless good cause can
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STIPULATED SETTLEMENT (02-2012-227517)
be shown for the delay. The cessation of practice shall not apply to the reduction of the
2 probationary time period.
3 If the Board does not file an accusation or petition to revoke probation within 15 days of the
4 issuance of the notification to cease practice or does not provide Respondent with a hearing
5 within 30 days of a such a request, the notification of cease practice shall be dissolved.
6 4. MARIJUANA RECOMMENDATIONS PROHIBITED. Respondent shall not
7 recommend marijuana to any patient for any medical purpose, or evaluate any patient for the
8 purpose of making a medical marijuana recommendation.
9 5. CONTROLLED SUBSTANCES-MAINTAIN RECORDS AND ACCESS TO
10 RECORDS AND INVENTORIES. Respondent shall maintain a record of all controlled
11 substances ordered, prescribed, dispensed, administered, or possessed by Respondent, and any
12 recommendation or approval which enables a patient or patient's primary caregiver to possess or
13 cultivate marijuana for the personal medical purposes of the patient within the meaning of Health
14 and Safety Code section 11362.5, during probation, showing all the following: 1) the name and
15 address of patient; 2) the date; 3) the character and quantity of controlled substances involved;
16 and 4) the indications and diagnosis for which the controlled substances were furnished.
17 Respondent shall keep these records in a separate file or ledger, in chronological order. All
18 records and any inventories of controlled substances shall be available for immediate inspection
19 and copying on the premises by the Board or its designee at all times during business hours and
20 shall be retained for the entire tenn of probation.
21 6. NOTIFICATION. Within seven (7) days of the effective date ofthis Decision, the
22 Respondent shall provide a true copy of this Decision and Accusation to the Chief of Staff or the
23 Chief Executive Officer at every hospital where privileges or membership are extended to
24 Respondent, at any other facility where Respondent engages in the practice of medicine,
25 including all physician and locum tenens registries or other similar agencies, and to the Chief
26 Executive Officer at every insurance carrier which extends malpractice insurance coverage to
27 Respondent. Respondent shall submit proof of compliance to the Board or its designee within 15
28 calendar days.
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STIPULATED SETTLEMENT (02-2012-227517)
This condition shall apply to any change(s) in hospitals, other facilities or insurance carrier.
2 7. SUPERVISION OF PHYSICIAN ASSISTANTS. During probation, Respondent is
3 prohibited from supervising physician assistants.
4 8. OBEY ALL LAWS. Respondent shall obey all federal, state and local laws, all rules
5 governing the practice of medicine in California and remain in full compliance with any court
6 ordered criminal probation, payments, and other orders.
7 9. QUARTERLY DECLARATIONS. Respondent shall submit quarterly declarations
8 under penalty of perjury on forms provided by the Board, stating whether there has been
9 compliance with all the conditions of probation.
10 Respondent shall submit quarterly declarations not later than 10 calendar days after the end
11 of the preceding quarter.
12 10. GENERAL PROBATION REQUIREMENTS.
13 Compliance with Probation Unit
14 Respondent shall comply with the Board's probation unit and all terms and conditions of
15 this Decision.
16 Address Changes
17 Respondent shall, at all times, keep the Board informed of Respondent's business and
18 residence addresses, email address (if available), and telephone number. Changes of such
19 addresses shall be immediately communicated in writing to the Board or its designee. Under no
20 circumstances shall a post office box serve as an address of record, except as allowed by Business
21 and Professions Code section 2021 (b).
22 Place of Practice
23 Respondent shall not engage in the practice of medicine in Respondent's or patient's place
24 of residence, unless the patient resides in a skilled nursing facility or other similar licensed
25 facility.
26 License Renewal
27 Respondent shall maintain a current and renewed California physician's and surgeon's
28 license.
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STIPULATED SETTLEMENT (02-20 12-227517)
Travel or Residence Outside California
2 Respondent shall immediately inform the Board or its designee, in writing, of travel to any
3 areas outside the jurisdiction of California which lasts, or is contemplated to last, more than thirty
4 (30) calendar days.
5 In the event Respondent should leave the State of California to reside or to practice
6 Respondent shall notify the Board or its designee in writing 30 calendar days prior to the dates of
7 departure and return.
8 11. INTERVIEW WITH THE BOARD OR ITS DESIGNEE. Respondent shall be
9 available in person upon request for interviews either at Respondent's place ofbusiness or at the
10 probation unit office, with or without prior notice throughout the term of probation.
11 12. NON-PRACTICE WHILE ON PROBATION. Respondent shall notify the Board or
12 its designee in writing within 15 calendar days of any periods of non-practice lasting more than
13 30 calendar days and within 15 calendar days of Respondent's return to practice. Non-practice is
14 defined as any period of time Respondent is not practicing medicine in California as defined in
15 Business and Professions Code sections 2051 and 2052 for at least 40 hours in a calendar month
16 in direct patient care, clinical activity or teaching, or other activity as approved by the Board. All
17 time spent in an intensive training program which has been approved by the Board or its designee
18 shall not be considered non-practice. Practicing medicine in another state of the United States or
19 Federal jurisdiction while on probation with the medical licensing authority of that state or
20 jurisdiction shall not be considered non-practice. A Board-ordered suspension of practice shall
21 not be considered as a period of non-practice.
22 In the event Respondent's period ofnon-practice while on probation exceeds 18 calendar
23 months, Respondent shall successfully complete a clinical training program that meets the criteria
24 of Condition 18 of the current version of the Board's "Manual of Model Disciplinary Orders and
25 Disciplinary Guidelines" prior to resuming the practice of medicine.
26 Respondent's period of non-practice while on probation shall not exceed two (2) years.
27 Periods of non-practice will not apply to the reduction of the probationary term.
28 Periods of non-practice will relieve Respondent ofthe responsibility to comply with the
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STIPULATED SETTLEMENT (02-2012-227517)
probationary terms and conditions with the exception of this condition and the following terms
2 and conditions of probation: Obey All Laws; and General Probation Requirements.
3 13. COMPLETION OF PROBATION. Respondent shall comply with all financial
4 obligations (e.g., restitution, probation costs) not later than 120 calendar days prior to the
5 completion of probation. Upon successful completion of probation, Respondent's certificate shall
6 be fully restored.
7 14. VIOLATION OF PROBATION. Failure to fully comply with any term or condition
8 of probation is a violation of probation. If Respondent violates probation in any respect, the
9 Board, after giving Respondent notice and the opportunity to be heard, may revoke probation and
10 carry out the disciplinary order that was stayed. If an Accusation, or Petition to Revoke Probation,
11 or an Interim Suspension Order is filed against Respondent during probation, the Board shall have
12 continuing jurisdiction until the matter is final, and the period of probation shall be extended until
13 the matter is final.
14 15. LICENSE SURRENDER. Following the effective date of this Decision, if
15 Respondent ceases practicing due to retirement or health reasons or is otherwise unable to satisfy
16 the terms and conditions of probation, Respondent may request to surrender his or her license.
17 The Board reserves the right to evaluate Respondent's request and to exercise its discretion in
18 determining whether or not to grant the request, or to take any other action deemed appropriate
19 and reasonable under the circumstances. Upon formal acceptance of the surrender, Respondent
20 shall within 15 calendar days deliver Respondent's wallet and wall certificate to the Board or its
21 designee and Respondent shall no longer practice medicine. Respondent will no longer be subject
22 to the terms and conditions of probation. If Respondent re-applies for a medical1icense, the
23 application shall be treated as a petition for reinstatement of a revoked certificate.
24 16. PROBATION MONITORING COSTS. Respondent shall pay the costs associated
25 with probation monitoring each and every year of probation, as designated by the Board, which
26 may be adjusted on an annual basis. Such costs shall be payable to the Medical Board of
27 California and delivered to the Board or its designee no later than January 31 of each calendar
28 year.
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STIPULATED SETTLEMENT (02-2012-227517)
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ACCEPTANCE
[have carefully read the above Stipulated Settlement and Discip!ina.-y Order and have fully
discussed it with my attorney, Courtney E. Pi!chman, Esq.. I understand the stipulation and the
effect it wilt have on my Phy~ician's and Surgeon's Certificate. 1 enter into this Stipulated
Settlement and Disciplinary Order voluntarily, knowingly, and intelligently, and agn:e to be
bound by the Decision and Order of the Medical Board ~~California.
(I DATED:
SHAH7.AD N,i/7'!, M.D. Respondent
11 I have read and fully discussed with Respondent Shahzad Naseem, M.D. the terms and
12 conditions and other matters contained in the above Stipulated Scttleme
13 I approve its form and content.
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DATED
ENDORSEMENT
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The foregoing Stipulated Settlement and Disciplinary Order is hereby respectfully
submitted for consideration by the Medical Board of California.
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Dated:
SA20J 3308247 28 95!1l30i.doc
!0
Respectfully submitted,
KAMALA D. HARRIS Attorney Genera[ of California JUDiTH T. ALVARADO Supervising Deputy Attorney General
/ .?'-"---.........._ '- "-...
STEVEDtEHL Deputy Attorr.ey General Artorne:ysfor Complainant
STfPULA TED SETTLEMENT (02-2012-227: 17\
Exhibit A
Accusation No. 02-2012-227517
KA.:vL\LA D. HARRIS Attorney General of California
2 ROBERT YlCK.JM BELL Supervising Deputy Attorney General
3 MIA PEREZ-ARROYO Deputy Attorney General
4 State Bar No. 203178 California Department of Justice
5 1300 I St. Sacramento, Calitornia 95814
6 Telephone: (916) 322-0762 Facsimile: (916) 327-2247
7 A trorneys jar Complainant
8 BEFORE THE
10
MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS
STATE OF CALIFORNIA
11---------------------------------~
II In the Matter of the Accusation Against: Case No. 02-2012-227517
12 SHAHZAD NASEEM, M.D.
13 1869 Slevin Road
14 Yuba City, California 95993
IS Physician's and Surgeon's Certificate A 75541,
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17
18 Complainant alleges:
Respondent.
ACCUSATION
19 PARTIES
20 l. Kimberly Kirchmeyer (Complainant) brings this Accusation solely in her official
21 capacity as the Interim Executive Director of the Medical Board ofC.llitornia (Board).
2. On or about June 29, 2001. the Board issued Physician's and Surgeon's Certiticate
number:\ 75541 to Shahzad N<:Jseem, M.D. (Respondent). That license w<:Js in full t(xce and
effect at all times relev<:Jnt to the charges brought herein and will ex.pire on June 30, 2015, unless
renewed.
2o 3. Dr. Naseem is a peJiatrician working in Yuba City, California.
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JlJRISDICTIO~
2 This Accusation is brought before the Board under the authority of the following
3 la\vs. All section references are to the Business and Professions Code unless otherwise indicated.
5. Section 2 004 oft he Code states:
5 "The board shall have the responsibility t(.>r the following:
6 "(a) The enforcement of the disciplinary and criminal provisions ofthe Medical Practice
7 Act.
8 "(h) 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 carrkd out by physician and surgeon
14 certificate holders under the jUiisdiction of the board.
15 "(f) Approving under,graduate and graduate medical education programs.
16 "(g) Approving clinical clerkship and special programs and hospitals for the programs in
17 subdivision(f).
18 "(h) Issuing licenses and certificates under the board's jurisdiction.
19 "( i) Administering the board's continuing medical education program.
20 6. Section 2227 of the Code states:
21 "(<.!) A licensee whose matter has been heard by an administrative law judge of the Medical
22 Quality Hearing Panel as designated in Section l 13 71 of the Government Code, or whose default
23 has been entered, and who is found guilty. or who has entered into a stipulation for discirlinary
2-t action with the board, may. in accordance with the provisions of this chapter:
25 "( l) Have his or her license revoked upon order nfthe division.
2h "(2) Have his or her right to practice suspended t(lr a period not to exceed one year upon
27 order of the division.
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"(3) Be placed on probation and be required to pay the costs of probation monitoring upon
2 order of the division.
3 "( 4) Be publicly reprimanded by the division.
4 "( 5) Have any other action taken in relation to discipline as part of an order of probation, as
5 the division or an administrative law judge may deem proper.
6 "(b) Any matter heard pursuant to subdivision (a), except for warning letters, medical
7 review or advisory conferences, professional competency examinations, continuing education
8 activities, and cost reimbursement associated therewith that are a~:,rreed to with the division and
9 successfully completed by the licensee, or other matters made contidential or ptivileged by
I 0 existing law, is deemed public, and shall be made available to the public by the board pursuant to
ll Section 803 .l."
12 7. Section 2236, subdivision (a) of the Code in applicable part states, "The conviction
13 of any offense substantially related to the qualitications, functions, or duties of a physician and
14 surgeon constitutes unprofessional conduct of this chapter."
15 8. Section 2234 of the Code states, in pertinent part:
16 "The board shall take action against any licensee who is charged with unprofessional
I 7 conduct. In addition to other provisions of this article, unprofessional conduct includes, but is not
18 limited to, the following:
llJ "(a) Violating or attempting to violate, directly or indirectly, assisting in or abetting the
20 violation of. or conspiring to violate any provision of this chapter.
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H II
lJ. Section 802.1 of the Code states, in pertinent part:
"(a)( l) A physician and surgeon, osteopathic physician dnd surgeon, a doctor of podiatric
medicine. and a physician assistant shall report either of the following to the entity that issued his
or her license:
II
"(B) The conviction of the licensee. including any verdict of guilty. or plea of guilty or nn
contest, of any felony or misdemeanor.
3
Accu~ation
"(2) The report required by this subdivision shall be made in writing within 30 days of the
1 date of the bnnging of the indictment or infonnation or of the conviction.
3 "(b) Failure to make a report required by this section shall be a public offense punishable by
-t a tine not to exceed tive thousand dollars (55,000)."
5 FIRST CAVSE FOR DISCIPLINE
6 (Conviction of a Substantially Related Crime)
7 l 0. Respondent is subject to disciplinary action under section 2236 of the Code because
8 he was convicted of a crime substantially related to the qualifications, functions and duties of a
9 physician and surgeon, to wtt, Illegal possession of drugs. The circumstances are as to! lows:
10 II. On or about March 3, 2012, Respondent attempted to enter the Club Vex Nightclub
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located in Stateline, Nevada. 1 Security personnel were patting down patrons as they entered the
nightclub, and upon searching Respondent, a Security Associate discovered a clear plastic bag
containing a white powder that was later detennined to be cocaine, and a second clear plastic bag
containing a green substance later detetmined to be marijuana. Respondent was detained by
security pending the arrival of police. A Douglas County Sheriff's deputy arrived some time
later, and encountered Respondent seated unhandcuffed in a security room. The SheritT's deputy
read Respondent his Miranda rights, which Respondent stated he understood. Respondent then
agreed to answer the questions of the Deputy Sheriff. Respondent infonned the Sheriff's deputy
that the white substance was cocaine, and that the green substance was marijuana. Respondent
was arrested, and en route to jail, stated to the Sheriffs deputy, "I don't understand the big deal,"
·'[am nut a drug dealer it is a small amount, [it's] just for personal use, there is nothing wrong
with it", ·'[this] is not a problem", and "you should be going after real ctiminals." Upon atTiva! at
the jail, Respondent was seJrched again, and another Sheritrs deputy discovered four white pills
and three broken light blue pills in Respondent's lett ti·ont pocket. The white pills were later
detennined to be Hydrocodone Bttartrate ami Ibuprofen. The light hlue pills remain unidentified.
1 Stateline, Nevada, as its name implies, is immediutely east of the California- ~evada inter-state border, near South Lake Tahoe, California.
12. On or about Septt!mher 13,2012, in a Second Amended Criminal Complaint,
2 Respondent was charged in Douglas County, Nevada, with a violation of Douglas County Code
3 Sedion 9.~5-U51, (illegal possession of drugs) a misdemeanor. The complaint alleged that
-+ Respondent ··did willfully and unlawfully possess a drug which may not be lawfully introduced
5 into interstate commerce under tht.: Federal Food, Drug and Cosmetic Act, to-wtt: cocaine,
6 marijuana, and hydrocodone. all of which occurred in the County of Douglas, State of Nevada,
7 against the peace and dignity ofthe State of Nevada."
8 13. On or about September 13, 2012, Respondent entered a guilty plea to a misdemeanor
9 violation of Douglas County Code Section 9.454.351, as alleged in Second Amended Criminal
10 Complaint. Respondent was ordered to pay a fine in the amount of $1,13 7.
11 SECOND CAUSE FOR DISCIPLINE
12 (Failure to Report a Conviction)
13 14. Respondent is subject to disciplinary action under sections 2234 and 802.1 in that he
1-t failed to report a misdemeanor conviction. The circumstances are as follows:
15 15. Complainant realleges as if set forth at this point the allegations ofparagraphs 11, 12,
16 and 13 of this Accusation.
17 16. On or about October 23, 20 12, the Board received a letter from the Douglas County
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District Attomey informing the Board of Respondent's misdemeanor conviction. At no time
prior to the commencement of the Board's investigation did Respondent notity the Board of the
conviction.
PRAYER
WHEREFORE, Complainant requests that a hearing he held on the matters herein alleged.
and that following the hearing, the Bourd issue a decision:
l. Revoking or suspending Physician's and Surgeon's Ce11iticate Number A 75541.
issued to Shuhzad Naseem, M.D.
2. Revoking, suspending, or denying approval of his authority to supervise physidan's
27 assistants, pursuant to section 3527 of the Code;
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:\ccusat10n
3. Imposing a tine of'55.000 tn accordance with section 802.1 ofthe Business anJ
1 Professions Code;
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4. If placed on probation, ordering him to pay the costs of probation monitoring;
5. Taking such other and further action as deemed necessary and proper.
September 10, 2013 D-\TFD:
C omplu ina l1l
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.-\ccusation