BEFORE THE MEDICAL BOARD OF CALIFORNIA

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Petition to Revoke Probation Against:

CRISELDA C. ABADSANTOS, M.D.

Physician's and Surgeon's Certificate No. A 105195

Respondent.

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Case No. D1-2010-205633

DECISION AND ORDER

The attached Stipulated Settlement and Disciplinary Order is hereby adopted by the Medical Board of California, Department of Consumer Affairs, State of California, as its Decision in this matter.

This Decision shall become effective at 5:00p.m. on April1, 2015.

IT IS SO ORDERED March 2, 2015.

MEDICAL BOARD OF CALIFORNIA

Ry: ~~ Jamie Wright, J.D., Chair Panel A

KAMALA D. HARRIS Attorney General of California

2 ROBERT McKIM BELL Supervising Deputy Attorney General

3 COLLEEN M. MCGURRIN Deputy Attorney General

4 State Bar Number 147250 300 South Spring Street, Suite 1702

5 Los Angeles, California 900 13 Telephone: (213) 620-2511

6 Facsimile: (213) 897-9395 Attorneysfor Complainant

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BEFORE THE

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MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS

STATE OF CALIFORNIA

In the Matter of the Petition to Revoke Probation Against:

CRISELDA C. ABADSANTOS, M.D. 433 N. Camden Dr., Suite 400 Beverly Hills, CA 90210

Physician's and Surgeon's Certificate Number A 105195

Respondent.

Case No. D1-2010-205633

OAH No. 2014070727

STIPULATED SETTLEMENT AND DISCIPLINARY ORDER

17 IT IS HEREBY STIPULATED AND AGREED by and between the parties to the above-

18 entitled proceedings that the following matters are true:

19 PARTIES

20 1. Kimberly Kirchmeyer ("Complainant") is the Executive Director of the Medical

21 Board of California. She brought this action solely in her official capacity and is represented in

22 this matter by Kamala D. Harris, Attorney General of the State of California, by Colleen M.

23 McGurrin, Deputy Attorney General.

24 2. Criselda C. AbadSantos, M.D. ("Respondent") is represented in this proceeding by

25 attorney Benjamin J. Fenton, Esq., whose address is: 1990 South Bundy Drive Suite 777

26 Los Angeles, California 90025.

27 3. On or about August 18, 2008, the Medical Board of California issued Physician's and

28 Surgeon's Certificate Number A 105195 to Respondent. Said Certificate Number A 105195 was

STIPULATED SETTLEMENT (D 1-20 I 0-205633)

revoked subject to a Decision and Order by way of a Stipulated Settlement in Medical Board

2 Case Number 05-2010-205633, which was effective at 5:00p.m. on March 30, 2012. Said

3 revocation, however, was stayed and Respondent was placed on three (3) years probation, was

4 ordered to enroll in and successfully complete the PACE program, and was prohibited from

5 prescribing to and treating family members, along with other terms and conditions, at all times

6 relevant to the charges brought in the Petition to Revoke Probation No. Dl-2010-205633. Said

7 Physician's and Surgeon's Certificate and will expire on December 31, 2015, unless renewed.

8 JURISDICTION

9 4. Petition to Revoke Probation No. Dl-2010-205633 was filed before the Medical

10 Board of California (Board) , Department of Consumer Affairs, and is currently pending against

11 Respondent. The Petition to Revoke Probation and all other statutorily required documents were

12 properly served on Respondent on April 10, 2014. Respondent timely filed her Notice of Defense

13 contesting the Petition to Revoke Probation.

14 5. A copy of Petition to Revoke Probation No. Dl-2010-205633 is attached as Exhibit A

15 and incorporated herein by reference.

16 ADVISEMENT AND WAIVERS

17 6. Respondent has carefully read, fully discussed with counsel, and understands the

18 charges and allegations in Petition to Revoke Probation No. D1-2010-205633. Respondent has

19 also carefully read, fully discussed with counsel, and understands the effects of this Stipulated

20 Settlement and Disciplinary Order.

21 7. Respondent is fully aware of her legal rights in this matter, including the right to a

22 hearing on the charges and allegations in the Petition to Revoke Probation; the right to be

23 represented by counsel at her own expense; the right to confront and cross-examine the witnesses

24 against her; the right to present evidence and to testify on her own behalf; the right to the issuance

25 of subpoenas to compel the attendance of witnesses and the production of documents; the right to

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

27 California Administrative Procedure Act and other applicable laws.

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STIPULATED SETTLEMENT (D 1-201 0-205633)

8. Respondent freely, voluntarily, knowingly, and intelligently waives and gives up each

2 and every right set forth above.

3 CULPABILITY

4 9. Respondent admits the truth of each and every charge and allegation in Petition to

5 Revoke Probation No. D1-2010-205633.

6 10. Respondent agrees that her Physician's and Surgeon's Certificate is subject to

7 discipline and she agrees to be bound by the Board's probationary terms as set forth in the

8 Disciplinary Order below.

9 CONTINGENCY

10 11. This stipulation shall be subject to approval by the Medical Board of California.

11 Respondent understands and agrees that counsel for Complainant and the staff of the Medical

12 Board of California may communicate directly with the Board regarding this stipulation and

13 settlement, without notice to or participation by Respondent or her counsel. By signing the

14 stipulation, Respondent understands and agrees that she may not withdraw her agreement or seek

15 to rescind the stipulation prior to the time the Board considers and acts upon it. If the Board fails

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

1 7 Order shall be of no force or effect, except for this paragraph, it shall be inadmissible in any legal

18 action between the parties, and the Board shall not be disqualified from further action by having

19 considered this matter.

20 12. The parties understand and agree that Portable Document Format (PDF) and facsimile

21 copies of this Stipulated Settlement and Disciplinary Order, including Portable Document Format

22 (PDF) and facsimile signatures thereto, shall have the same force and effect as the originals.

23 13. In consideration of the foregoing admissions and stipulations, the parties agree that

24 the Board may, without further notice or formal proceeding, issue and enter the following

25 Disciplinary Order:

26 DISCIPLINARY ORDER

27 IT IS HEREBY ORDERED that Physician's and Surgeon's Certificate Number A 105195

28 issued to Respondent CRISELDA C. ABADSANTOS, M.D. is revoked. However, the

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STIPULATED SETTLEMENT (01-20 I 0-205633)

revocation is stayed and Respondent is placed on probation for an additional one (1) year, in

2 addition to the time remaining on the original probationary order in Medical Board Case Number

3 05-2010-205633, on the following terms and conditions.

4 1. CLINICAL TRAINING PROGRAM Within 60 calendar days of the effective date

5 of this Decision, respondent shall re-enroll in the Physician Assessment and Clinical Education

6 Program (PACE) offered at the University of California- San Diego School of Medicine

7 ("Program").

8 The Program shall consist of a Comprehensive Assessment program comprised of an

9 assessment of respondent's physical and mental health; basic clinical and communication skills

10 common to all clinicians; and medical knowledge, skill and judgment pertaining to respondent's

11 specialty or sub-specialty, and at minimum, a 40 hour program of clinical education in the area of

12 practice in which respondent was alleged to be deficient and which takes into account data

13 obtained from the assessment, Decision(s), Accusation(s), and any other information that the

14 Division or its designee deems relevant. Respondent shall pay all expenses associated with the

15 re-enrollment in the clinical training program.

16 Based on respondent's performance and test results in the assessment and clinical

17 education, the Program will advise the Division or its designee of its recommendation(s) for the

18 scope and length of any additional educational or clinical training, treatment for any medical

19 condition, treatment for any psychological condition, or anything else affecting respondent's

20 practice of medicine. Respondent shall comply with the Program recommendations prior to the

21 expiration of probation. If Respondent enrolls in and successfully passes or completes the

22 Program prior to the effective date of the Decision and Order, Respondent shall comply with any

23 and all of the Program recommendations which must be completed prior to the expiration of the

24 probationary term.

25 At the completion of any additional educational or clinical training, respondent shall submit

26 to and pass an examination. The Program's determination whether or not respondent passed the

27 examination or successfully completed the Program shall be binding.

28 Respondent shall complete the Program not later than 6 months after respondent's initial

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STIPULATED SETTLEMENT (DJ-2010-205633)

enrollment unless the Division or its designee agrees in writing to a later time for completion.

2 Failure to participate in and complete successfully all phases of the clinical training

3 program outlined above shall be a violation of probation.

4 2. PROHIBITED PRACTICE During the probationary term, respondent shall

5 continue to be prohibited from prescribing, furnishing, and/or providing samples of narcotics,

6 dangerous drugs, and/or controlled substances to any family member. Respondent shall further

7 be prohibited from treating, diagnosing, or counseling any family member during probation.

8 After the effective date of this Decision, the first time that a family member seeking the

9 prohibited services contacts respondent, respondent shall orally notify the family member that

10 respondent is prohibited from prescribing, furnishing, and/or providing samples of narcotics,

11 dangerous drugs, and/or controlled substances to any family member and is further prohibited

12 from treating, diagnosing, or counseling any family member during the probationary period.

13 Respondent shall maintain a log of all family members to whom the required oral notification was

14 made. The log shall contain the: 1) family member's name, address and phone number; 2)

15 family member's medical record number, if available; 3) the full name ofthe person making the

16 notification; 4) the date the notification was made; and 5) a description of the notification given.

17 Respondent shall keep this log in a separate file or ledger, in chronological order, shall make the

18 log available for immediate inspection and copying on the premises at all times during business

19 hours by the Division or its designee, and shall retain the log for the entire term of probation.

20 Failure to maintain a log as defined in the section, or to make the log available for immediate

21 inspection and copying on the premises during business hours is a violation of probation.

22 In addition to the required oral notification, after the effective date of this Decision, the first

23 time that a family member who seeks the prohibited services presents to respondent, respondent

24 shall provide a written notification to the family member stating that respondent is prohibited

25 from prescribing, furnishing, and/or providing samples of narcotics, dangerous drugs, and/or

26 controlled substances to any family member and is further prohibited from treating, diagnosing,

27 or counseling any family member during the probationary period. Respondent shall maintain a

28 copy of the written notification in the family member's file, shall make the notification available

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STIPULATED SETTLEMENT (01-2010-205633)

for immediate inspection and copying on the premises at all times during business hours by the

2 Division or its designee, and shall retain the notification for the entire term of probation. Failure

3 to maintain the written notification as defined in the section, or to make the notification available

4 for immediate inspection and copying on the premises during business hours is a violation of

5 probation.

6 3. CONTROLLED SUBSTANCES- MAINTAIN RECORDS AND ACCESS TO

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RECORDS AND INVENTORIES Respondent shall continue to maintain a record of all

controlled substances ordered, prescribed, dispensed, administered or possessed by respondent,

and any recommendation or approval which enables a patient or patient's primary caregiver to

possess or cultivate marijuana for the personal medical purposes of the patient within the meaning

of Health and Safety Code section 11362.5, during probation, showing all the following: 1) the

name and address of the patient; 2) the date; 3) the character and quantity of controlled substances

involved; and 4) the indications and diagnoses for which the controlled substance was furnished.

Respondent shall keep these records in a separate file or ledger, in chronological order. All

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

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

shall be retained for the entire term of probation.

Failure to maintain all records, to provide immediate access to the inventory, or to make all

records available for immediate inspection and copying on the premises, shall constitute a

violation of probation.

4. PSYCHOPHARMACOLOGY: A MASTER CLASS (EDUCATION COURSE).

Within 60 calendar days of the effective date ofthis Decision, respondent shall enroll in a course

entitled Psychopharmacology: A Master Class, offered by Harvard Medical School, or an

educational course equivalent to the course offered by Harvard Medical School in

psychopharmacology, at respondent's expense, approved in advance by the Division or its

designee. Failure to successfully complete the course during the first 12 months of probation is a

violation of probation.

A psychopharmacology master class or course taken after the acts that gave rise to the

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STIPULATED SETTLEMENT (D l-20 l 0-205633)

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charges in the Petition to Revoke Probation, but prior to the effective date of the Decision may, in

the sole discretion of the Division or its designee, be accepted towards the fulfillment of this

condition if the course or class would have been approved by the Division or its designee had the

course been taken after the effective date of this Decision.

Respondent shall submit a certification of successful completion to the Division or its

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

15 calendar days after the effective date of the Decision, whichever is later.

5. EDUCATION COURSE- AMERICAN PSYCHIATRIC ASSOCIATION

REFRESHER COURSE(S). Within 60 calendar days of the effective date of this Decision,

respondent shall enroll in a refresher course(s) offered by the American Psychiatric Association

(APA), or educational refresher course(s) equivalent to the course(s) offered through the APA, at

respondent's expense, approved in advance by the Division or its designee. The educational

program(s) or course(s) taken shall be no less than 6 hours and shall be aimed at correcting any

areas of det!cient practice or knowledge and shall be Category I certified. The educational

program(s) or course(s) shall be in addition to the Continuing Medical Education (CME)

requirements for renewal of licensure. Failure to successfully complete the course during the first

12 months of the new probationary period shall be a violation of probation.

A refresher class or course( s) taken after the acts that gave rise to the charges in the Petition

to Revoke Probation, but prior to the effective date of the Decision may, in the sole discretion of

the Division or its designee, be accepted towards the fulfillment of this condition if the course or

class would have been approved by the Division or its designee had the course been taken after

the effective date of this Decision.

Respondent shall submit a certification of successful completion to the Division or its

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

15 calendar days after the effective date of the Decision, whichever is later.

6. NOTIFICATION. Within seven (7) days of the effective date of this Decision, the

Respondent shall provide a true copy of this Decision and Accusation to the Chief of Staff or the

Chief Executive Otiicer at every hospital where privileges or membership are extended to

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STIPULATED SETTLEMENT (Dl-2010-205633)

Respondent, at any other facility where Respondent engages in the practice of medicine,

2 including all physician and locum tenens registries or other similar agencies, and to the Chief

3 Executive Officer at every insurance carrier which extends malpractice insurance coverage to

4 Respondent. Respondent shall submit proof of compliance to the Board or its designee within 15

5 calendar days.

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

7 7. SUPERVISION OF PHYSICIAN ASSISTANTS. During probation, Respondent

8 is prohibited from supervising physician assistants.

9 8. OBEY ALL LAWS. Respondent shall obey all federal, state and local laws, all

10 rules governing the practice of medicine in California and remain in full compliance with any

11 court ordered criminal probation, payments, and other orders.

12 9. QUARTERLY DECLARATIONS. Respondent shall submit quarterly

13 declarations under penalty of perjury on forms provided by the Board, stating whether there has

14 been compliance with all the conditions of probation.

15 Respondent shall submit quarterly declarations not later than 10 calendar days after the end

16 of the preceding quarter.

17 10. GENERAL PROBATION REQUIREMENTS.

18 Compliance with Probation Unit

19 Respondent shall comply with the Board's probation unit and all terms and conditions of

20 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

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

25 circumstances shall a post office box serve as an address of record, except as allowed by Business

26 and Professions Code section 2021 (b).

27 Place of Practice

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~TIPULA TED SETTLEMENT (D 1-201 0-205633)

of residence, unless the patient resides in a skilled nursing facility or other similar licensed

2 facility.

3 License Renewal

4 Respondent shall maintain a current and renewed California physician's and surgeon's

5 license.

6 Travel or Residence Outside California

7 Respondent shall immediately inform the Board or its designee, in writing, of travel to any

8 areas outside the jurisdiction of California which lasts, or is contemplated to last, more than thirty

9 (30) calendar days.

1 0 In the event Respondent should leave the State of California to reside or to practice

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

12 departure and return.

13 11. INTERVIEW WITH THE BOARD OR ITS DESIGNEE. Respondent shall be

14 available in person upon request for interviews either at Respondent's place of business or at the

15 probation unit office, with or without prior notice throughout the term of probation.

16 12. NON-PRACTICE WHILE ON PROBATION. Respondent shall notify the Board

17 or its designee in writing within 15 calendar days of any periods of non-practice lasting more than

18 30 calendar days and within 15 calendar days of Respondent's return to practice. Non-practice is

19 defined as any period of time Respondent is not practicing medicine in California as defined in

20 Business and Professions Code sections 2051 and 2052 for at least 40 hours in a calendar month

21 in direct patient care, clinical activity or teaching, or other activity as approved by the Board. All

22 time spent in an intensive training program which has been approved by the Board or its designee

23 shall not be considered non-practice. Practicing medicine in another state of the United States or

24 Federal jurisdiction while on probation with the medical licensing authority of that state or

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

26 not be considered as a period of non-practice.

27 In the event Respondent's period of non-practice while on probation exceeds 18 calendar

28 months, Respondent shall successfully complete a clinical training program that meets the criteria

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STIPULATED SETTLEMENT (DI-2010-205633)

of Condition 18 of the current version of the Board's "Manual of Model Disciplinary Orders and

2 Disciplinary Guidelines" prior to resuming the practice of medicine.

3 Respondent's period of non-practice while on probation shall not exceed two (2) years.

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

5 Periods of non-practice will relieve Respondent of the responsibility to comply with the

6 probationary terms and conditions with the exception of this condition and the following terms

7 and conditions of probation: Obey All Laws; and General Probation Requirements.

8 13. COMPLETION OF PROBATION. Respondent shall comply with all financial

9 obligations (e.g., restitution, probation costs) not later than 120 calendar days prior to the

10 completion of probation. Upon successful completion ofprobation, Respondent's certificate shall

11 be fully restored.

12 14. VIOLATION OF PROBATION. Failure to fully comply with any term or

13 condition of probation is a violation of probation. If Respondent violates probation in any

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

15 probation and carry out the disciplinary order that was stayed. If an Accusation, or Petition to

16 Revoke Probation, or an Interim Suspension Order is filed against Respondent during probation,

17 the Board shall have continuing jurisdiction until the matter is final, and the period of probation

18 shall be extended until the matter is final.

19 15. LICENSE SURRENDER. Following the effective date of this Decision, if

20 Respondent ceases practicing due to retirement or health reasons or is otherwise unable to satisfy

21 the terms and conditions of probation, Respondent may request to surrender his or her license.

22 The Board reserves the right to evaluate Respondent's request and to exercise its discretion in

23 determining whether or not to grant the request, or to take any other action deemed appropriate

24 and reasonable under the circumstances. Upon formal acceptance of the surrender, Respondent

25 shall within 15 calendar days deliver Respondent's wallet and wall certificate to the Board or its

26 designee and Respondent shall no longer practice medicine. Respondent will no longer be subject

27 to the terms and conditions of probation. If Respondent re-applies for a medical license, the

28 application shall be treated as a petition for reinstatement of a revoked certificate.

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STIPULATED SETTLEMENT (DI-2010-205633)

16. PROBATION MONITORING COSTS. Respondent shall pay the costs associated

2 with probation monitoring each and every year of probation, as designated by the Board, which

3 may he adjusted on an annual basis. Such costs shall be payable to the Medical Board of

4 California and delivered to the Board or its designee no later than January 31 of each calendar

5 year.

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7 ACCEPTANCE

8 I have carefully read the above Stipulated Settlement and Disciplinary Order and have fully

9 dist.:ussed it with my attorney, Benjamin J. Fenton, Esq .. I understand the stipulation and the

10 effect it will have on my Physician's and Surgeon's Certiticate. 1 enter into this Stipulated

11 Settlement and Disciplinary Order freely, voluntarily, knowingly, and intelligently, and agree to

12 be bound by the Decision and Order of the Medical Board of California.

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v~~)-~/"-~~-- ~/ CRISELDA C. ABADSANTOS, M.D. Respondent

18 1 have read and fully discussed with Respondent CRISELDA C. ABADSANTOS, M.D. the

19 terms and conditions and other matters contained in the above Stipulated Settlement and

20 Disciplinary Order. I approve its form and content.

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ENDORSEMENT

2 The foregoing Stipulated Settlement and Disciplinary Order is hereby respectfully

3 submitted for consideration by the Medical Board of California.

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Dated:

LA20J3609716; 61467739.doc

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Respectfully submitted,

KAMALA D. HARRIS Attorney General of California ROBERT MCKIMltELL Supervising Deputy Attorney General

~L~~, COLLEEN M. McGURRIN Deputy Attorney General Attorneysfor Complainant

STIPULATED SETTLEMENT (01-2010-205633)

Exhibit A

Petition to Revoke Probation No. Dl-2010-205633

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KAMALA D. HARRIS Attorney General of California ROBERT McKIM BELL Supervising Deputy Attorney General COLLEEN M. MCGURRIN Deputy Attorney General State Bar Number 147250

300 South Spring Street, Suite 1702 Los Angeles, California 90013 Telephone: (213) 620-2511 Facsimile: (213) 897-9395

Attorneys for Complainant

FILED STATE Of CALIFORNIA

IIEDICAL BOAR~ CA~lFO~N1~ SACRA'MENTO .i ( I o' 20-BY:~~ ANALYST

BEFORE THE MEDICAL BOARD OF CALIFORNIA

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter ofthe Petition to Revoke Probation Against:

CRISELDA CALA Y AN ABAD-SANTOS, M.D. 433 North Camden Drive, Suite 400 Beverly Hills, California 90210

Physician's and Surgeon's Certificate Number A 105195,

Case No. Dl-2010-205633

PETITION TO REVOKE PROBATION

Respondent.

17 Complainant alleges:

18 PARTIES

19 1. Kimberly Kirchmeyer (Complainant) brings this Petition to Revoke Probation solely

20 in her official capacity as the Executive Director of the Medical Board of California ("Board").

21 2. On August 13, 2008, the Board issued Physician's and Surgeon's Certificate Number

22 A 105195 to CRISELDA CALAY AN ABAD-SANTOS, M.D. ("Respondent"). Said Certificate

23 was in effect at all times relevant to the charges brought herein and will expire on December 31,

24 2015, unless renewed.

25 DISCIPLINARY HISTORY

26 3. On August 5, 2011, the Executive Director of the Board filedAccusation No. 05-

27 2010-205633 against Respondent entitled In the Matter of Accusation Against Crise fda Calayan

28 Abad-Santos, MD .. "

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PETITION TO REVOKE PROBATION

4. On December 28, 2011, Respondent entered into a Stipulated Settlement and

2 Disciplinary Order with the Board to resolve Accusation No. 05-2010-205633 informally.

3 5. In said disciplinary action No. 05-2010-205633, the Board issued a Decision,

4 effective March 30, 2012, in which Respondent's Physician's and Surgeon's Certificate was

5 revoked. However, the revocation was stayed and Respondent's Certificate was placed on

6 probation for three years upon certain terms and conditions. A copy of said Decision is attached

7 hereto as Exhibit A and is incorporated herein by reference as if fully set forth. Respondent's

8 probation is set to expire on or before March 30, 2015.

9 JURISDICTION

10 6. This Petition to Revoke Probation is brought before the Board under the authority of

11 the following laws. All section references are to the Business and Professions Code ("Code"),

12 unless otherwise indicated

13 7. Section 2227 of the Code provides that a licensee who is found guilty under the

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

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

16 action taken in relation to discipline as the Division deems proper.

17 8. Section.2228 of the Code states, in pertinent part:

18 "The authority of the board or a division of the board ... to discipline a licensee by placing

19 ... her on probation includes, but is not limited to, the following:

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

21 examination upon the completion ofthe training. The examination may be written or oral, or

22 both, and may be a practical or clinical examination, or both, at the option of the board or division

23 or the administrative law judge.

24 "(b) Requiring the licensee to submit to a complete diagnostic examination by one or more

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

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

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

28 "(c) Restricting or limiting the extent, scope, or type of practice of the licensee, including

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PETITION TO REVOKE PROBATION

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

2 treatment, where appropriate.

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

4 relating to quality of care, as defined by the Division of Medical Quality. 1"

5 CAUSE TO REVOKE PROBATION

6 (Failure to Successfully Complete Clinical Training Program- Condition 1)

7 9. As set forth above in Paragraphs 3, 4, and 5, in case number 05-2010-205633, the

8 Board placed Respondent on probation subject to numerous condition.s. Condition 1 states as

9 follows:

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"1. CLINICAL TRAINING PROGRAM Within 60 calendar days of the

effective date of this Decision, respondent shall enroll in a clinical training or educational

program equivalent to the Physician Assessment and Clinical Education Program (PACE)

offered at the University of California- San Diego School of Medicine ("Program").

The Program shall consist of a Comprehensive Assessment program comprised of

a two-day assessment of respondent's physical and mental health; basic clinical and

communication skills common to all clinicians; and medical knowledge, skill and judgment

pertaining to respondent's specialty or sub-specialty, and at minimum, a 40 hour program

of clinical education in the area of practice in which respondent was alleged to be deficient

and which takes into account data obtained from the assessment, Decision(s),

Accusation(s), and any other information that the Division or its designee deems relevant.

Respondent shall pay all expenses associated with the clinical training program.

Based on respondent's performance and test results in the assessment and clinical

education, the Program will advise the Division or its designee of its recommendation(s) for

the scope and length of any additional educational or clinical training, treatment for any

medical condition, treatment for any psychological condition, or anything else affecting

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

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PETITION TO REVOKE PROBATION

respondent's practice of medicine. Respondent shall comply with Program

2 recommendations.

3 At the completion of any additional educational or clinical training, respondent

4 shall,submit to and pass an examination. The Program's determination whether or not

5 respondent passed the examination or successfully completed the Program shall be

6 binding.

7 Respondent shall complete the Program not later than 6 months after respondent's

8 initial enrollment unless the Division or its designee agrees in writing to a later time for

9 completion.

10 Failure to participate in and complete successfully all phases of the clinical

11 training program outlined above is a violation of probation."

12 10. Respondent's probation is subject to revocation under Code section 2227 in that she

13 failed to comply with probation by violating Condition 1, referenced above. The facts and

14 circumstances are as follows:

15 A. On August 6-7, 2012, Respondent participated in Phase I of the Physician

16 Assessment and Clinical Education Program (PACE Program) offered at the University of

17 California- San Diego School of Medicine.

18 B. On June 10 - 14, 2013, Respondent returned to the PACE Program for Phase

19 II, the clinical education and assessment portion of the program which takes place in the actual

20 clinical environment of the U.C. San Diego Medical Center or one of its satellite clinics.

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C. On July 31, 2013, the Board received a final report from the U.C. San Diego

PACE Program, dated July 24, 2013, reporting that the PACE Program had serious concerns

about Respondent's ability to practice medicine safely and that her overall performance on the

comprehensive, seven day physician assessment portion of the program was consistent

with a "Fail, Category 4.2"

2 The PACE Program has defined four possible outcomes of the physician assessment: PASS, Category 1 signifying a good to excellent perfmmance in most or all areas measured and is consistent v.ith safe practice and competency with no significant deficiencies noted; PASS WITH RECOMMENDATIONS Category 2 signifies a perfom1ance during which minor deficiencies were noted that do not affect the physician's ability to practice safely

(continued ... )

4

PETITION TO REVOKE PROBATION

1 11. Respondent is therefore out of compliance with Probation Condition 1 -Clinical

2 Training Program - in that she failed to successfully complete all phases of the clinical training

3 program as required by said condition.

4 PRAYER

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

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

.7 1. Revoking the probation that was granted by the Medical Board of California in Case

8 No. 05-2010-205633 and imposing the disciplinary order that was stayed thereby revoking

9 Physician's and Surgeon's Certificate Number A 105195 issued to CRISELDA CALAYAN.

10 ABAD-SANTOS, M.D.;

11 2. Revoking or suspending Physician's and Surgeon's Certificate Number A 105195,

12 issued to Respondent;

13 3. If continued on probation, ordering Respondent to pay the Medical Board of

14 California the costs of the probation monitoring; and

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

April 10, 2014

DATED: ------------------

( ... continued)

Executive Dir tor Medical Board of California Department of Consumer Affairs State of California

Complainant

and the physician performed competently overall. Category 3 signifies deficiencies noted, and the physician is capable of practicing safely, but likely shows broad deficiencies that cover multiple domains and require considerable educational investment; and FAIL, Category 4 signifying poor perfonnance that is not compatible with overall physician competency and safe practice. Physicians in this category perf01med poorly on all (or nearly all) aspects of the assessment. Some physicians in this category may be capable ofremediating their clinical competency to a safe level.

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PETITION TO REVOKE PROBATION