&dev, G.t.;~/W - 4patientsafety.org Shahzad 2014-08-07.… · SHAHZAD NASEEM, M.D. ) ) Physician's...

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-75541 )

) 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 5:00p.m. on September 5, 2014.

IT IS SO ORDERED: August 7, 2014.

MEDICAL BOARD OF CALIFORNIA

&dev, G.t.;~/W liJ Panel B

KAMALA D. HARRIS Attorney General of California

2 JUDITH T. ALVARADO Supervising Deputy Attorney General

3 STEVE DIEHL Deputy Attorney General

4 State Bar No. 235250 California Department of Justice

5 2550 Mariposa Mall, Room 5090 Fresno, CA 93 721

6 Telephone: (559) 477-1626 Facsimile: ( 559) 445-5106

7 Attorneys for Complainant

8 BEFORE THE MEDICAL BOARD OF CALIFORNIA

9 DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

10

11 In the Matter of the Accusation Against:

12 SHAHZAD NASEEM, M.D. 1869 Blevin Road

13 Yuba City, CA 95993

14

15

16

Physician's and Surgeon's Certificate No. A 75541,

Respondent.

17

18

Case No. 02-2012-227517

OAH No. 2013100915

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 PARTffiS

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)

1

2

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3. On or about June 29, 2001, the Medical Board of California issued Physician's and

Surgeon's Certificate No. A 75541 to Shahzad Naseem, M.D. The Physician's and Surgeon's

Certificate was in full force and effect at all times relevant to the charges brought in Accusation

No. 02-2012-227517 and will expire on June 30, 2015, unless renewed.

JURISDICTION

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.

2

STIPULATED SETTLEMENT (02-20 12-227517)

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

1 0 to rescind the stipulation prior to the time the Board considers and acts upon it. If the Board fails

11 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

3


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

4


1 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.




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.

1 7 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

5


1 be shown for the delay. The cessation of practice shall not apply to the reduction of the

2 probationary time period.




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.

1 7 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 term of probation.

21 6. NOTIFICATION. Within seven (7) days ofthe 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.

6


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.

7


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 of non-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 of the responsibility to comply with the

8


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 medical license, 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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ACCEPTANCE

[ have carefully read the above Stipulated Settlement and Disciplinary Order and have fully

discussed it with my attorney, Courtney E. Pilchman, Esq.. I understand the stipulation and the

effect it wilt have on my Physician's and Surgeon's Certificate. J enter into this Stipulated

Settlement and Disciplinary Order voluntarily, knowingly, and intelligently, and agree to be

bound by the Decision and Order of the Medical Board !/California.

/I DATED:

SHAHZAD Np!, 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 Settleme

13 I approve its form and content.

14 DATED:

15

16

17 ENDORSEMENT

18 The foregoing Stipulated Settlement and Disciplinary Order is hereby respectfully

19 submitted for consideration by the Medical Board of California.

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Dated:

SA20 13308247 28 95IIl307.doc

/\~ //ll(

10

Respectfully submitted,

KAMALA D. HARRIS Attorney Genera[ of California JUD1TH T. ALVARADO Supervising Deputy Attorney General

/ .;--·-·---...... "" '-·- '--STEVED!EHL Deputy Attorney General Artorneysfor Complainant

STfPULA TED SETTLEMENT (02-2012-227517\

Exhibit A

Accusation No. 02-2012-227517

K.-\MAL-\ D. HARRIS Attorney General of California

1 ROBERT MCKIM BELL Supervising Deputy Attorney General

3 ML-\ PEREZ-ARROYO Deputy Attorney General

4 State Bar No. 203178 California Department of Justice

5 1300 I St. Sacramento, California 95814

6 Telephone: (916) 322-0762 Facsimile: (916) 327-2247

7 Atrorneysfor Complainant

8 BEFORE THE

9

10

MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS

STATE OF CALIFORNIA

1 I In the Matter of the Accusation Against: Case No. 02-2012-227517

12 SHAHZAD NASEEM, M.D.

13

14

1869 Blevin Road Yuba City, California 95993

15 Physician's and Surgeon's Certificate A75541,

16 Respondent.

17

18 Complainant alleges:

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 of California (Board).

2. On or about June 29, 200 I, the Board issued Physician's and Surgeon's Certiticate

23 number A 75541 to Shahzad Naseem, M.D. (Respondent). That license was in full force and

24 etTect at all times relevant to the charges brought herein and will ex.pire on June 30, 2015, unless

25 renewed.

.. _). Dr. Naseem is a pediatrician working in Yuba City, California. 26

27

28

Accusation

JURISDICTIO~

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

3 laws. All section references are to the Business and Professions Code unless otherwise indicated.

4 5. Section 2004 of the Code states:

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

6 "(a) The ent()rcement of the disciplinary and criminal provisions of the Medical Practice

7 Act.

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

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

10 administrative law judge.

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

12 disciplinary actions.

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

14 certificate holders under the jurisdiction of the board.

15 "(f) Approving undeq~rraduate and graduate medical education programs.

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

17 subdivision (t).

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

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

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6. Section 2227 of the Code states:

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

Quality Hearing Panel as designated in Section 113 71 of the Government Code, or whose default

has been entered, and who is found guilty, or who has entered into a stipulation for disciplinary

action with the board, may. in accordance with the provisions of this chapter:

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

"(2) Have his or her right to practice suspended f()r a period not to exceed one year upon

order of the division.

1

-------·---·---------

Accusation

"(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 at,rreed to with the division and

9 successfully completed by the licensee, or other matters made contidential or ptivileged by

10 existing law, is deemed public, and shall be made available to the public by the board pursuant to

11 Section 803.1."

12 7. Section 2236, subdivision (a) of the Code in applicable part states, "The conviction

13 of any offense substantially related to the qualifications, 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

1 7 conduct. [n addition to other provisions of this article, unprofessional conduct includes, but is not

18 limited to, the following:

19 "(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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" 11

9. Section 802.1 of the Code states, in pertinent patt:

"(a)( I) A physician and surgeon, osteopathic physician and surgeon, a doctor of podiatric

medicine, and a physician assistant shall report either of the to !lowing 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 no

contest, of any felony or misdemeanor.

3

Accusation

"(: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

4 a tine not to exceed five thousand dollars (55,000)."

5 FIRST CAUSE 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 qualitications, functions and duties of a

9 physician and surgeon, to wit, illegal possession of drugs. The circumstances are as follows:

10 II. On or about March 3, 2012, Respondent attempted to enter the Club Vex Nightclub

ll

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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 determined 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 Sheriff'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,"

·'I am not 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 atTival at

the jail, Respondent was searched again, and another Sheriff's deputy discovered four white pills

and three broken light blue pills in Respondent's lett ti·ont pocket. The white pills were later

detcnnined to be Hydrocodone Bitartrate and Ibuprofen. The light blue pills remain unidentified.

1 Stateline, Nevada, as its name implies, is imml.:!diately east of the California- ;\levada

inter-state border, near South Lake Tahoe, California.

4

:\ccusation

12. On or about September 13, 2012, in a Second Amended Criminal Complaint,

2 Respondent was charged in Douglas County, Nevada, with a violation of Douglas County Code

3 Se~..:tion 9.454.351, (illegal possession of drugs) a misdemeanor. The complaint alleged that

-t Respondent "'did willfully and unlawfully possess a drug which may not be lawfully introduced

5 into interstate commerce under the Federal Food, Drug and Cosmetic Act, to-wit: cocaine,

6 marijuana, and hydrocodone, all of which occurred in the County of Douglas, State of Nevada,

7 against the peace and dignity of the 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 tine in the amount of $1,137.

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

14 failed to report a misdemeanor conviction. The circumstances are as follows:

15 15. Complainant realleges as if set forth at this point the allegations of paragraphs 11, 12,

16 and 13 of this Accusation.

1 7 16. On or about October 23, 2012, the Board received a letter from the Douglas County

18 District Attorney intorming the Board of Respondent's misdemeanor conviction. At no time

19 prior to the commencement of the Board's investigation did Respondent notify the Board of the

20 conviction.

21 PRAYER

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

23 and that tiJllowing the hearing, the Board issue a decision:

2-t l. Revoking or suspending Physician's and Surgeon's Cet1iticatc 1\iumber A 755-t I,

issued to Shahzad Naseem, M.D.

26 2. Revoking, suspending, or denying approval of his authority to supervise physician's

27 assistants, pursuant to section 3527 of the Code;

28

5

:'u:cusation

3. [mposing a tine of$5.000 111 accordance with section 802.1 of the Business and

..., Professions Code;

3 4. If placed on probation, ordering him to pay tht: costs of probation monitoring;

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

5

6 DATED: September 10, 2013

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10 Complainant

11 SA20 13308247

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610789 50 .docx

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A.ccusation

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