Download - GLENN E. MILLER, M.D. DECISION - The Patient Safety League4patientsafety.org/documents/Miller, Glenn Elliott 2002-05-30.pdf · Glenn E. Miller, M.D. ("respondent") is represented

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BEFORE THE DIVISION OF MEDICAL QUALITY

MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS

STATE OF CALIFORNIA

In the Matter of the Accusation Against:

GLENN E. MILLER, M.D. Certificate No. G-54401

) ) ) ) ) ) ) ) )

No: 05-1996-67903

Respondent )

DECISION

The attached Stipulated Settlement and Disciplinary Order is hereby adopted by the Division

of Medical Quality as its Decision in the above-entitled matter.

This Decision shall become effective at 5:00 p.m. on July 1. 2002

IT IS SO ORDERED May 30, 2002

By: ~LJ4~\ RO ALDWENDER,M.D. Chair - Panel B Division of Medical Quality

1 BILL LOCKYER, Attorney General of the State of California

2 TAYLOR SCHNEIDER, StateBarNo. 91232 Deputy Attorney General

3 California Department of Justice 300 South Spring Street, Suite 1702

4 Los Angeles, California 90013 Telephone: (213) 897-2687

5 Facsimile (213) 897-1071

6 Attorneys for Complainant

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BEFORE THE

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DIVISION OF MEDICAL QUALITY MEDICAL BOARD OF CALIFORNIA

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

12 In the Matter of the Accusation Against: MBC Case No. 05-96-67903 OAHNo. L-1999080353

l3 GLENN E. MILLER, M.D. 1335 State Street

14 Santa Barbara, CA 93101 STIPULATED SETTLEMENT AND DISCIPLINARY ORDER

15 Physician's and Surgeon's Certificate No. G 54401

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Respondent.

IT IS HEREBY STIPULATED AND AGREED, by and between the parties to the

19 above-entitled proceedings, as follows:

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PARTIES

1. Ron Joseph ("complainant") is the Executive Director of the Medical

22 Board of California ("Board"). Complainant brought this action solely in his official capacity and is

23 represented in this matter by Bill Lockyer, Attorney General of the State of California, by Taylor

24 Schneider, Deputy Attorney General.

25 2. Glenn E. Miller, M.D. ("respondent") is represented in this proceeding by

26 attorney Mark A. Levin, Esq., of the Law Offices of Lewin & Levin, 11377 West Olympic

27 Boulevard, Fifth Floor, Los Angeles, California 90064

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1 3. On or about March 11, 1985, the Board issued Physician's and Surgeon's

2 Certificate No. G 54401 to respondent. Physician and Surgeon's Certificate No. G54401 was in full

3 force and effect at all times relevant to the charges brought herein and, unless renewed, will expire

4 on May 31, 2002.

5 JURISDICTION

6 4. Accusation No. 05-96-67903 was filed before the Board's Division of Medical

7 Quality ("Division"), and is currently pending against respondent. The Accusation, together with all

8 other statutorily required documents, were duly served on respondent on December 14, 1998, and

9 respondent timely filed his Notice of Defense contesting the Accusation. The Accusation was

10 amended by stipulation on or about April 5, 2000. A copy of Amended Accusation No.

11 05-96-67903 is attached as Exhibit A and incorporated herein by reference.

12 ADVISEMENT AND WAIVERS

13 5. Respondent has carefully read and thoroughly discussed with his counsel the

14 nature of the charges and allegations in the Amended Accusation and the effects of this Stipulated

15 Settlement and Disciplinary Order.

16 6. Respondent is fully aware of his legal rights in this matter, including the right to

17 a hearing on the charges and allegations in the Amended Accusation, the right to be represented by

18 counsel at his own expense, the right to confront and cross-examine the witnesses against him, the

19 right to present evidence and to testify on his own behalf, the right to the issuance of subpoenas to

20 compel the attendance of witnesses and the production of documents, the right to reconsideration and

21 court review of an adverse decision, and all other rights accorded by the California Administrative

22 Procedure Act and other applicable laws.

23 7. Respondent voluntarily, knowingly, and intelligently waives and gives up each

24 and every right set forth above.

25 CULP ABILITY

26 8. Respondent admits, as to each and every charge and allegation in the Amended

27 Accusation, that ifthe Board were to proceed with this case at a hearing, the Board would be able to

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1 make a prima facie case on every charge and allegation, thereby constituting cause for imposing

2 discipline upon his Physician's and Surgeon's Certificate.

3 9. Respondent and his attorney agree that the Division has jurisdiction in this

4 matter to impose the following Order. To resolve this matter and to eliminate further proceedings

5 and the expense associated therewith in connection with the Amended Accusation, respondent agrees

6 to be bound by the Division's imposition of discipline as set forth in the Order below.

7 CONTINGENCY

8 10. This Stipulated Settlement and Disciplinary Order shall be subject to the

9 approval of the Division. Respondent understands and agrees that Board staff and counsel for

10 complainant may communicate directly with the Division regarding this Stipulated Settlement,

11 without notice to or participation by respondent or his counsel. If the Division fails to adopt this

12 Stipulation as its Order, the Stipulated Settlement and Disciplinary Order shall be of no force or

13 effect (except for this paragraph), it shall be inadmissible in any legal action between the parties,

14 and the Division shall not be disqualified from further action in this matter by virtue of its

15 consideration of this Stipulation.

16 11. The parties agree that facsimile copies of this Stipulated Settlement and

17 Disciplinary Order, including facsimile signatures thereto, shall have the same force and effect as

18 the original Stipulated Settlement and Disciplinary Order and original signatures.

19 12. In consideration of the foregoing recitals and stipulations, the parties agree that

20 the Division shall, without further notice or formal proceeding, issue and enter the following

21 Disciplinary Order:

22 DISCIPLINARY ORDER

23 IT IS HEREBY ORDERED that Physician's and Surgeon's Certificate No. G 54401

24 issued to respondent Glenn E. Miller, M.D. is revoked; however, the revocation is stayed and

25 respondent is placed on probation for seven (7) years on the following terms and conditions:

26 1. Within fifteen (15) days of the effective date of this decision, respondent shall

27 provide the Division, or its designee, proof of service that respondent has served a true copy of this

28 decision on the Chief of Staff or the Chief Executive Officer at every hospital where privileges or

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1 membership are extended to respondent or where respondent is employed to practice medicine and

2 on the Chief Executive Officer at every insurance carrier where malpractice insurance coverage is

3 extended to respondent.

4 2. ACTUAL SUSPENSION As part of probation, respondent is suspended from

5 the practice of medicine for one hundred eighty (180) days beginning the sixteenth (161h) day after

6 the effective date of this decision.

7 3. PSYCHIATRIC EVALUATION Within thirty (30) days of the effective date of

8 this decision, and on a periodic basis thereafter as may be required by the Division or its designee,

9 respondent shall undergo a psychiatric evaluation (and psychological testing, if deemed necessary)

10 by a Division-appointed psychiatrist, who shall furnish an evaluation report to the Division or its

11 designee. Respondent shall not engage in the practice of medicine until notified by the Division or

12 its designee of its determination that respondent is mentally fit to practice safely. The respondent

13 shall pay the cost of the psychiatric evaluation.

14 If, based on a recommendation by the evaluating psychiatrist, respondent is required

15 by the Division or its designee to undergo psychiatric treatment, respondent shall within thirty (30)

16 days of the requirement notice submit to the Division for its prior approval the name and

17 qualifications of a psychiatrist of respondent's choice. Respondent shall undergo and continue

18 psychiatric treatment until further notice from the Division or its designee. Respondent shall have

19 the treating psychiatrist submit quarterly status reports to the Division or its designee indicating

20 whether the respondent is capable of practicing medicine safely.

21 4. MONITORING Within thirty (30) days of the effective date of this decision,

22 respondent shall submit to the Division or its designee for its prior approval a plan of practice in

23 which respondent's practice shall be monitored by another physician in respondent's field of

24 practice, who shall provide periodic reports to the Division or its designee.

25 If the monitor resigns or is no longer available, respondent shall, within fifteen (15)

26 days, move to have a new monitor appointed, through nomination by respondent and approval by the

27 Division or its designee.

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1 5. ORAL CLINICAL EXAMINATION Respondent shall take and pass an oral

2 clinical examination on the subject matter of the allegations in the Amended Accusation. The

3 examination shall be taken within thirty (30) days of the effective date ofthis decision. If

4 respondent fails the first examination, respondent shall be allowed to take and pass a second

5 examination, which may consist of a written as well as an oral examination. The waiting period

6 between the first and second examinations shall be at least three (3) months. If respondent fails to

7 pass the first and second examinations, respondent may take a third and final examination after

8 waiting one (1) year. Failure to pass the oral clinical examination within eighteen (18) months after

9 the effective date of this decision shall constitute a violation of probation. The respondent shall pay

10 the costs of all examinations.

11 Respondent shall remain on actual suspension pursuant to Term and Condition No. 2

12 above until he satisfies this term and condition of probation. If respondent does not pass the initial

13 examination, respondent shall remain suspended from the practice of medicine until a repeat

14 examination has been successfully passed, as evidenced by written notice to respondent from the

15 Division or its designee.

16 6. PRACTICE RESTRICTION Respondent shall be restricted from treating

17 female patients during the term of probation.

18 7. ETHICS COURSE Within sixty (60) days of the effective date of this decision,

19 respondent shall enroll in a course in Ethics approved in advance by the Division or its designee, and

20 shall successfully complete the course during the first year of probation.

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

22 rules governing the practice of medicine in California, and remain in full compliance with any court

23 ordered criminal probation, payments and other orders.

24 9. QUARTERLY REPORTS Respondent shall submit quarterly declarations

25 under penalty of perjury on forms provided by the Division, stating whether there

26 has been compliance with all the conditions of probation.

27 10. PROBATION SURVEILLANCE PROGRAM COMPLIANCE

28 Respondent shall comply with the Division's probation surveillance program. Respondent shall, at

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1 all times, keep the Division informed of his business and residence addresses which shall both serve

2 as addresses of record. Changes of such addresses shall be immediately communicated in writing to

3 the Division. Under no circumstances shall a post office box serve as an address of record.

4 Respondent shall also immediately inform the Division, in writing, of any travel to

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

6 thirty (30) days.

7 11. INTERVIEW WITH THE DIVISION, ITS DESIGNEE OR ITS

8 DESIGNATED PHYSICIAN(S) Respondent shall appear in person for interviews with the

9 Division, its designee or its designated physician(s) upon request at various intervals and with

10 reasonable notice.

11 12. TOLLING FOR OUT-OF-STATE PRACTICE. RESIDENCE OR IN- STATE

12 NON-PRACTICE In the event respondent should leave California to reside or to practice outside

13 the State or for any reason should respondent stop practicing medicine in California, respondent shall

14 notify the Division or its designee in writing within ten (10) days of the dates of departure and return

15 or the dates of non-practice within California. Non-practice is defined as any period of time

16 exceeding thirty (30) days in which respondent is not engaging in any activities defined in Sections

17 2051 and 2052 of the Business and Professions Code. All time spent in an intensive training

18 program approved by the Division or its designee shall be considered as time spent in the practice of

19 medicine. Periods of temporary or permanent residence or practice outside California or of

20 non-practice within California, as defined in this condition, will not apply to the reduction of the

21 probationary period.

22 13. COMPLETION OF PROBATION Upon successful completion of probation,

23 respondent's certificate shall be fully restored.

24 14. VIOLATION OF PROBATION If respondent violates probation in any

25 respect, the Division, after giving respondent notice and the opportunity to be heard, may revoke

26 probation and carry out the disciplinary order that was stayed. If an accusation or petition to revoke

27 probation is filed against respondent during probation, the Division shall have continuing

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1 jurisdiction until the matter is final, and the period of probation shall be extended until the matter is

2 final.

3 15. COST RECOVERY Respondent is hereby ordered to reimburse the Division

4 the amount Gftwelve thousand dollars ($12,000.00) within one (1) year of the effective date of this

5 decision for the Division's investigative and legal costs. Failure to reimburse the Division's costs

6 shall constitute a violation of the probation order, unless the Division agrees in writing to payment

7 by an installment plan because of financial hardship. The filing of bankruptcy by respondent shall

8 not relieve respondent of his responsibility to reimburse the Division for its costs.

9 16. PROBATION COSTS Respondent shall pay the costs associated with

10 probation monitoring each and every year of probation, which are currently set at $2,304.00, but may

11 be adjusted on an annual basis. Such costs shall be payable to the Division and delivered to the

12 designated probation surveillance monitor at the beginning of each calendar year. Failure to pay

13 costs within 30 days of the due date shall constitute a violation of probation.

14 17. LICENSE SURRENDER Following the effective date of this decision, if

15 respondent ceases practicing due to retirement, health reasons or is otherwise unable to satisfy the

16 terms and conditions of probation, respondent may voluntarily tender his certificate to the Board.

17 The Division reserves the right to evaluate the respondent's request and to exercise its discretion

18 whether to grant the request, or to take any other action deemed appropriate and reasonable under the

19 circumstances. Upon formal acceptance of the tendered license, respondent will no longer be subject

20 to the terms and conditions of probation.

21 ACCEPTANCE

22 I have carefully read the above Stipulated Settlement and Disciplinary Order and have

23 fully discussed the terms and conditions and other matters contained therein with my attorney Mark

24 A. Levin, Esq. I understand the effect this stipulation will have on my Physician and Surgeon's

25 Certificate. I enter into this Stipulated Settlement freely, voluntarily, knowingly, and intelligently,

26 and I agree to be bound by the Disciplinary Order and Decision of the Division of Medical Quality

27 of the Medical Board of California. I further agree that a facsimile copy of this Stipulated

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1 Settlement and Disciplinary Order, including facsimile copies of signatures, may be used with the

2 same force and effect as the original.

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4 DATED: '1/-:J.£/oa , ' ~· 5

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G E. MILLER, M.D. Respondent

I have read and fully discussed with my client, respondent Glenn E. Miller, M.D., the

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

9 Disciplinary Order, and I approve its form and content.

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~ Attorney for Respondent

ENDORSEMENT

The foregoing Stipulated Settlement and Disciplinary Order is hereby respectfully

submitted for consideration by the Division of Medical Quality, Medical Board of California,

Department of Consumer Affairs.

DATED:

Attorneys for Complainant

27 DOJ Docket Number: 03573160-LA1998AD2249

stipulation 3/11/02

TS:ts 28 a:\miller stipulated settlement

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EXHIBIT A

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Lewin & Levin A Partnership of Professional Corporations

Mark A. Levin, State Bar No. 48199 Henry Lewin, State Bar No. 33510

Debra L. Grossman, State Bar No. 174666 1925 Century Park East, Suite 850

Los Angeles, CA 90067-2709 Tel: (310) 277-9092 •Fax: (310) 277-4558

Attorneys for Re~ndent GLENN E. MILL ., M.D.

BEFORE THE DIVISION OF MEDICAL QUALITY

l\IBDICAL BOARD OF CAI:IFORNIA DEPARTMENT OF CONSUMER AFFAIRS

STATE OF CALIFORNIA

In the Matter of the Accusation Against: Case No. 05-96-67903 OAH No. L-19999080353

GLENN E. MILLER, M.D. 1335 State Street Santa Barbara, California 93 101

Physician's & Surgeon's Certificate No. G 54401,

Respondent.

STIPULATION RE: AMENDMENT OF ACCUSATION

THE PARTIES TO THE ABOVE-CAPTIONED MAITER, BY AND THROUGH THEIR

RESPECTIVE COUNSEL, HEREBY STIPULATE TO THE FOLLOWING AMENDMENTS TO .. lv!EDICAL BOARD OF CALIFORNIA ACCUSATION NO. 05-96-67903:

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1. The second, third and eighth causes for discipline (iii\ 8, 9 andl4 of the Accusation)

are stricken in their entirety.

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2. The fourth cause for discipline (ii 10 of the Accusation) is amended as follows:

A. Paragraph lO(B)(l) through and including paragraph lO(B)(lO), paragraph

10(B)(l2) and paragraph 10(B)(l3) are stricken from the Accusation.

3. The fifth cause for discipline (ii 11 of the Accusation) is amended as follows:

A. Paragraph l l(B)(l) through and including paragraph l l(B)(lO), paragraph

l l(B)(l2) and paragraph l l(B)(l3) are stricken from the Accusation.

4. The sixth cause for discipline (ii 12 of the Accusation) is amended as follows:

A. Paragraph 12(A) is stricken and realleged to read:

"Complainant refers to and, by this reference, incorporates

herein the allegations set forth in paragraph 10, subparagraphs

A and B, as amended, as though fully set forth."

5. The seventh cause for discipline (ii 13 of the Accusation) is amended as follows:

A. Paragraph l 3(A) is stricken and realleged to read:




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EXH 1 36

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DATED:

The ninth cause for discipline (, 15 of the Accusation) is amended as follows:

A. Paragraph l S(A) is stricken and amended to read:




April 5, 2000

11 BILL LOCKYER LEWIN & LEVIN Attorney Gen ral of the

12 State o t;~(J10Jlrl 13

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L:\millerg\pleading\stip.amend.acc

Attolll_ey for Res_pondent GLENN E. l\1ILLER, M.D.

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EXH 1 37

1 DANIEL E. LUNGREN, Attorney General of the State of California

2 JOSEPH P. FURMAN (State Bar No. 130654) Deputy Attorney General

3 California Department of Justice 300 South Spring Street, Suite 5212

4 Los Angeles, California 90013-1233 Telephone: (213) 897-2531

5 Attorneys for Complainant

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8 BEFORE THE

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DIVISION OF MEDICAL QUALI'IY MEDICAL BOARD OF CALIFORNIA

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

11 In the Matter of the Accusation Against:

12 GLENN E. MILLER, M.D.

13 Psychiatric Services 1335 State Street

14 Santa Barbara, Ca. 93101

15 Physician and Surgeon's Certificate No. G54401,

16 Respondent.

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18 Complainant alleges:

19 PARTIES

Case No. 05-96-67903

ACCUSATION

20 1. Ron Joseph ("Complainant") brings this accusation

21 solely in his official capacity as the Executive Director of the

22 Medical Board of California ("Board").

23 2. On or about March 11, 1985, Physician and Surgeon's

24 Certificate No. G54401 was issued by the Board to GLENN E. MILLER,

25 M.D. ("respondent"). At all times relevant to the charges brought

26 herein, this license has been in full force and effect. Unless

27 renewed, it will expire on May 31, 2000.

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JURISDICTION

3. This accusation is brought before the Board's

Division of Medical Quality

the following sections of

("Division"), under the authority of

the Business and Professions Code

5 ("Code") :

6 A. Section 2227 of the Code provides that a

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licensee who is found guilty under the Medical Practice Act

may have his license revoked, suspended for a period not to

exceed one year, placed on probation and required to pay the

costs of probation monitoring, or such other action taken in

relation to discipline as the Division deems proper.

B. Section 725 of the Code, in relevant part,

provides:

"Repeated acts of clearly excessive prescribing

or administering of drugs or treatment, repeated acts of

clearly excessive use of diagnostic procedures, or

repeated acts of clearly excessive use of diagnostic or

treatment facilities as determined by the standard of the

community of licensees is unprofessional conduct for a

physician and surgeon, dentist, podiatrist, psychologist,

physical therapist, chiropractor, or optometrist.

II II

c. Section 726 of the Code, in relevant part,

24 provides:

25 "The commission of any act of sexual abuse,

26 misconduct, or relations with a patient, client, or

27 customer constitutes unprofessional conduct and grounds

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for disciplinary action for any person licensed under

this division, under any initiative act referred to in

this division and under Chapter 17 (commencing with

Section 9000) of Division 3.

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D. Section 2234 of the Code provides .that

unprofessional conduct includes, but is not limited to, the

following:

"(a) Violating or attempting to violate, directly or

indirectly, or assisting in or abetting the violation of, or

conspiring to violate, any provision of this chapter.

"(b) Gross negligence.

"(c) Repeated negligent acts.

"(d) Incompetence.

"(e) The commission of any act involving

dishonesty or corruption which is substantially related

to the qualifications, functions, or duties of a

physician and surgeon.

"(f) Any action or conduct which would have

warranted the denial of a certificate."

E. Section 2238 of the Code, in relevant

part, provides:

"A violation of any federal statute or federal

regulation or any of the statutes or regulations of this

state regulating dangerous drugs or controlled substances

constitutes unprofessional conduct."

3.

1 F. Section 2242 of the Code, in relevant

2 part, provides:

3 " (a) Prescribing, dispensing, or furnishing

4 dangerous drugs as defined in Section 4211 without a good

5 faith prior examinati9n and medical indication therefor,

6 constitutes unprofessional conduct.

7 " "

8 G. Section 2266 of the Code provides:

9 "The failure of a physician and surgeon to

10 maintain adequate and accurate records relating to the

11 provision of services to their patients constitutes

12 unprofessional conduct."

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14 DANGEROUS DRUGS

15 4. The following medications are dangerous drugs within

16 the meaning of Business and Professions Code section 4211, nee

17 4022,Y and controlled substances where indicated:

18 A. Aquachloral (chloral hydrate) -- a sedative.

19 B. Serax (oxazepam) -- a Schedule IV controlled

20 substance, as defined in Health and Safety Code section 11057,

21 used in the treatment of anxiety.

22 c. Klonopin (clonazep~) - -a Schedule IV controlled

23 substance, as defined in Health and Safety Code section 11057,

24 used for the treatment of anxiety.

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26 1. Business and Professions Code section 4211 has been renumbered 4022 (1996, ch. 890) and, in relevant part, defines a

27 "dangerous drug" as any drug or device which by federal or state law can be lawfully dispensed only on a prescription.

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1 D. Zoloft (sertraline) - primarily used for the

· 2 treatment of depression.

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medication.

Serzone (nefazodone) -- an antidepressant.

Buspar (buspirone HCL) an antianxiety

G. Catapres (chlonidine HCL) -- a blood pressure

medication which is also used in the treatment of attention

deficit hyperactivity disorders and anxiety.

H. Restoril (temazepam) a Schedule IV

controlled substance, as defined in Health and Safety Code

section 11057, used in the short term treatment of insomnia.

HEALm AND SAFE'IY CODE

5. The following relevant sections of the California

Health and Safety Code are referred to in this accusation:

A. Section 11153, which regulates the prescribing

of controlled substances, and provides, in relevant part:

" (a) A prescription for a controlled substance

shall only be issued for a legitimate medical purpose by

an individual practitioner acting in the usual course of

his or her professional practice .... "

B. Section 11171 which provides that "[n]o person

22 shall prescribe, administer, or dispense a controlled

23 substance except under the conditions and in the manner

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BUDGET ACT PROVISION

6. Section 16. 01 of the Budget Act of the State of

California, in relevant part, provides:

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1 " (a) No funds appropriated by this act may be

2 expended to pay any Medi-Cal claim for any service performed

3 by a physician while that physician's license is under

4 suspension or revocation due to disciplinary action of the

5 Medical Board of California."

6 " (b) No funds appropriated by this act may be

7 expended to pay any Medi-Cal claim for any surgical services

8 or other invasive procedure performed on any Medi-Cal

9 beneficiary by a physician if that physician has been placed

10 on probation due to a disciplinary action of the Medical Board

11 of California related to the performance of that specific

12 service or procedure on any patient, except in any case where

13 the board makes a determination during its disciplinary

14 process that there exist compelling circumstances that warrant

15 continued Medi-Cal reimbursement during the probationary

16 period."

17 FIRST CAUSE FOR DISCIPLINE

18 (Sexual Misconduct)

19 7. Respondent GLENN E. MILLER, M.D. is subject to

20 disciplinary action under section 726 of the Code in that

21 respondent engaged in sexual misconduct with patient P.c.Y while

22 she was under respondent's care, treatment, and management. The

23 circumstances are as follows:

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25 2. All patient references in this pleading shall be by

26 initials only to preserve the patient's privacy rights. The true name (s) of the patient (s) are known to respondent and will be

27 disclosed to him upon his timely written request for discovery under Government Code section 11507.6.

6.

1 A. On or about and between January 1995 and March

2 1996, respondent was patient P.C.'s treating psychiatrist.

3 Respondent initially evaluated patient P. C. during January

4 1995 .' At that time, patient P. C., then 49 years old, reported

5 persistent problems with insomnia for about one year and other

6 episodes of sleep disturbance usually occurring during periods

7 of increased stress. Patient P.C. also described having felt

8 "depressed" during August 1994 for which she was given

9 hormonal replacement therapy. Respondent noted that patient

10 P. C. had an "unintentional 20 pound weight loss [over the]

11 past 6 months" as well. Respondent did not perform a mental

12 status examination or did not record that fact in patient

13 P.C. 's record. Respondent did not have patient P.C. 's vital

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signs taken or did not record the patient's vital signs in

patient P.C. 's record. Respondent

diagnosis of "Generalized Anxiety

menopausal Syndrome."

gave patient P.C. a

Disorder" and "Pre-

B. Respondent initially prescribed clonidine, a

19 blood pressure medication which is used in the treatment of

20 anxiety, 0.05 mg at morning and noon and 0.10 mg at bedtime as

21 well as Restoril, a benzodiazepam used as a sedative, 15 mg at

22 bedtime. Patient P.C. telephoned respondent five days later

23 and reported that she continued to have difficulty sleeping.

24 Respondent then prescribed Klonopin, a benzodiazepam used in

25 the treatment of anxiety, 0.5 mg and chloral hydrate, a

26 sedative, 1.0 gm at bedtime. Patient P.C. reported the

27 following day that the new medications worked well.

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Patient P. C. saw respondent for regular visits.

On April 19, 1995, she received an additional

prescription for Serax, benzodiazepam used in the treatment of

anxiety, 10 mg three times daily. The chloral hydrate and

Klonopin, previously prescribed, were continued at the same

dose and decreased to one-half of 0.5 mg tablet at bedtime,

respectively. Patient P. C. stopped taking Serax several weeks

later.

E. On July 17, 1995, respondent changed patient

10 P.C. 's prescription for Klonopin to 0.5 mg each morning and

11 0.5 to 1.0 mg at bedtime; resumed Serax at 10-15 mg every mid-

12 morning; and continued chloral hydrate 1.0 gm at bedtime. In

13 patient P. C. 's record, respondent also noted use of Zoloft, a

14 medication used in the treatment of depression and anxiety, at

15 "next evaluation" but did not document its intended

16 indication.

17 F. On August 21, 1995, respondent noted that

18 patient P.C. was taking Zoloft 50 mg daily but did not record

19 the date on which the patient began taking this medication or

20 the intended target symptoms. On August 28, 1995, respondent

21 reduced the Zoloft to 25 mg daily due to patient P. C. 's

22 reports of agitation and headaches. On September 14, 1995,

23 respondent discontinued patient P.C. 's use of Zoloft.

24 G. On November 13, 1995, respondent noted that

25 patient P.C. asked to be seen before her next appointment

26 after three or four days of problems with depression and

27 anxiety. Medications for patient P.C. at this time included

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Klonopin O. 5 mg "as needed," chloral hydrate 1. O gm at

bedtime, Serax 15 mg "as needed," and Buspar, an anti-anxiety

medication) "as needed." Respondent added Serzone, a new

antidepressant, 50 mg twice daily for one week and 75 mg twice

daily thereafter.

H. On November 20, 1995, respondent noted that

patient P.C. did not want to begin taking the Serzone until

after the upcoming Thanksgiving holiday. By December 4, 1995,

according to the patient notes prepared and maintained by

respondent, patient P.C. had begun taking Serzone, first 50 mg

twice daily and then 75 mg twice daily. Patient P. C.

tolerated the 50 mg dosage well but experienced increased

agitation on the 75 mg dosage.

I. On December 14, 1995, respondent noted that

patient P.C. has continued to take Serzone 50 mg twice daily

and has begun "feeling a lot better" and that the patient's

need for Buspar and Klonopin appears to have decreased.

J. During patient P.C. 's appointment with

respondent on December 21, 1995, respondent asked patient P. C.

to sit on his lap. Patient P.C. did so. Respondent kissed

and fondled P. C. Respondent suggested that P. C. and he engage

in sexual intercourse. Patient P.C. declined.

K.

appointment

On

with

or about January 3,

respondent regarding

1996, during an

patient P.C. 's

medications, P.C. orally copulated respondent. Respondent

2 6 wrote in the patient's records that patient P. C. said, "I

27 cannot tell you how much better I feel." and "It [my

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anxiety] 's absolutely gone." Patient P.C. 's medications, at

this time, included Serzone 50 mg twice daily, chloral hydrate

1.0 gm at bedtime

L. On or about January 21, 1996, during another

appointment with respondent regarding patient

medications, P.C. and respondent engaged in

intercourse.

P.C. 's

sexual

M. On or about January 31, 1996, patient P.C.

9 became aware that respondent had married three months earlier.

10 Respondent kissed and fondled patient P.C.

11 N. Weekly, on or about and between January 31 and

12 March 7, 1996, patient P.C. saw respondent at respondent's

13 off ice. On each occasion, respondent kissed and fondled

14 patient P.C.

15 0. On or about February 16, 1996, respondent noted

16 that patient P.C. slept well several nights without chloral

1 7 hydrate. Respondent increased patient P. C. 's dosage of

18 Serzone to 75 mg twice daily due to the patient's reports of

19 anxiety attributed to work.

20 P. On or about February 28, 1996, respondent

21 masturbated in front of patient P.C. when she refused to have

22 sexual intercourse with respondent.

23 Q. Patient P.C. 's last physical encounter with

24 respondent occurred on or about March 3, 1996, when she

25 accepted respondent's invitation to come and watch him

26 parasail.

27 R. Although patient P.C. and respondent spoke

10.

1 often about their feelings for each other and the advisability

2 that patient P. C. receive care and treatment from another

3 therapist, respondent did not refer patient P.C. to another

4 psychiatrist.

5 S. Patient P. C. 's last regularly scheduled

6 appointment with respondent was to be March 20, 1996. On or

7 about March 14, 1996, P. C. left a telephone message for

8 respondent in which she canceled the appointment. On or about

9 the following day, respondent returned P.C. 's telephone call

10 and asked P. C. whether she was seeing another psychiatrist and

11 whether she wanted her records sent to him.

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SECOND CAUSE FOR DISCIPLINE

(Prescribing Without Examination Or Medical Indication)

8. Respondent GLENN E. MILLER, M.D. is subject to

disciplinary action under section 2242 of the Code in that

respondent prescribed controlled substances and other dangerous

drugs to patient P. C. without conducting a prior good faith

examination and without medical indication therefor. The

circumstances are as follows:

A. Complainant refers to and, by this reference,

incorporates herein the allegations set forth in paragraph 7,

subparagraphs A through S, inclusive, above, as though fully

set forth.

THIRD CAUSE FOR DISCIPLINE

(Excessive Prescribing)

9. Respondent GLENN E. MILLER, M. D. is subject to

11.

1 disciplinary action under section 725 of the Code in that

2 respondent excessively prescribed controlled substances and other

3 dangerous drugs to patient P.C. The circumstances are as follows:

4 A. Complainant refers to and, by this reference,

5 incorporates herein the allegations set forth in paragraph 7,

6 subparagraphs A through S, inclusive, above, as though fully

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set forth.

FOURTH CAUSE FOR DISCIPLINE

(Gross Negligence)


disciplinary action under section 2234, subdivision (b), of the

Code in that respondent was grossly negligent during the care,

treatment, and management of patient P. C. The circumstances are as

follows:


incorporates herein the allegations set forth in paragraph 7,

subparagraphs A through S, inclusive, above, as though fully

set forth.

B. The following acts and omissions of respondent

during his care, treatment and management of patient P.C.,

individually and collectively, constituted extreme departures

from the standard of care then being exercised throughout the

medical community:

(1) Failing to obtain a patient history

prior to initiating treatment with psychotropic

medication.

(2) Failing to conduct an adequate

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mental status and physical examination prior to

initiating treatment with psychotropic medication.

(3) Failing to develop a differential

diagnosis based on the patient's initial report of

sleep disturbance, given that such disturbance is

highly suggestive of an underlying psychiatric

condition and should not be treated on a

symptomatic basis until common psychiat,ric

disorders have been eliminated.

(4) Failing to prepare and maintain

adequate records documenting respondent's diagnoses

and treatment and the reasons therefor.

(5) Not recognizing or failing to

initiate treatment for the patient's depressive

disorder for almost one year.

(6) Failing to discontinue the use of

benzodiazepines after two, and before six, weeks of

treatment of mixed anxiety and depression with

benzodiazepines and antidepressants.

(7) Prescribing Buspar on an "as needed"

basis'· given that such medication must be taken

regularly over a period of time before it becomes

effective.

(8) Prescribing multiple agents from the

benzodiazepine class--namely, Klonopin and Serax-

at the same time.

(9) Prescribing antidepressant agents--

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namely, Zoloft and Serzone- -at doses higher than

generally tolerated by anxious patients.

(10) Failing to incorporate specific

behavioral therapies along with medication in the

treatment of patient P.C. 's anxiety.

(11) Kissing, fondling, engaging in oral

copulation, and having sexual intercourse with a

patient;

(12) Failing to terminate the

psychiatrist-patient relationship properly; and,

(13) Failing to refer the patient to

another psychiatrist

before engaging the

relationship.

for medication

patient in

management

a physical

16 F'IF'I'H CAUSE FOR DISCIPLINE

17 (Repeated Negligent Acts)

18 11., Respondent GLENN E. MILLER, M.D. is subject to

19 disciplinary action under section 2234, subdivision (c), of the

20 Code in that respondent corrunitted repeated negligent acts during

21 the care, treatment, and management of patient P.C. The





26 set forth.

27 B. The following acts and omissions of respondent

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during his care, treatment and management of patient P.C.,

individually and collectively, constituted departures from the

standard of care then being exercised throughout the medical

community:

(1) Failing to obtain a patient history

prior to initiating treatment with psychotropic

medication.

(2) Failing · to conduct an adequate

mental status and physical examination prior to

initiating treatment with psychotropic medication.

(3) Failing to develop a differential

diagnosis based on the patient's initial report of

sleep disturbance, given that such disturbance is

highly suggestive of an underlying psychiatric

condition and should not be treated on a

symptomatic basis until common psychiatric

disorders have been eliminated.

(4) Failing to prepare and maintain

adequate records documenting respondent's diagnoses

and treatment and the reasons therefor.

(5) Not recognizing or failing to

initiate trea,tment for the patient's depressive

disorder for almost one year.

(6) Failing to discontinue the use of

benzodiazepines after two, and before six, weeks of

treatment of mixed anxiety and depression with

benzodiazepines and antidepressants.

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(7) Prescribing Buspar on an "as needed"

basis, given that such medication must be taken

regularly over a period of time before it becomes

effective.

(8) Prescribing multiple agents from the

benzodiazepine class--namely, Klonopin and Serax-

at the same time.

(9) Prescribing antidepressant agents-

namely, Zoloft and Serzone--at doses higher than

generally tolerated by anxious patients.

(10) Failing to incorporate specific

behavioral therapies along with medication in the

treatment of patient P.C. 's anxiety.

(11) Kissing, fondling, engaging in oral

copulation, and having sexual intercourse with a

patient;

(12) Failing to terminate the

psychiatrist-patient relationship properly; and,

(13) Failing to refer the patient to

another

before

psychiatrist

engaging the

for medication management

patient in a physical

relationship.

SIXTH CAUSE FOR DISCIPLINE

(Incompetence)


27 disciplinary action under section 2234, subdivision (d), of the

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,a ' '-' .•

Code in that respondent demonstrated a lack of knowledge or skill

in discharging the responsibilities and duties of his licensure

during his care, treatment, and management of patient P.C. The

circumstances are as follows:

A. Complainant refers to and, by this reference;

incorporates herein the allegations set forth in paragraphs 7,

subparagraphs A through S, inclusive, 10, subparagraph B, and

11, subparagraph B, above, as though fully set forth.

1 o SEVENTH CAUSE FOR DISCIPLINE

11 (Dishonest or Corrupt Acts)

12 13. Respondent GLENN E. MILLER, M.D. is subject to

13 disciplinary action under section 2234, subdivision (e), of the

14 Code in that respondent committed dishonest and corrupt acts during

15 the care, treatment, and management of patient P.C. The





20 set forth.

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EIGHTH CAUSE FOR DISCIPLINE

{Violation of Drug Statutes)

14. Respondent GLENN E. MILLER, M.D.

disciplinary action under section 2238 of the

is subject to

Code in that

26 respondent violated Business and Professions Code section 2242 and

27 Health and Safety Code sections 11153 and 11171, regulating the

17.

Eric

, 111 l ·~ ~·

1 prescription and administration of controlled substances and other

2 dangerous drugs, during his care, treatment, and management of

3 patient P.C. The circumstances are as follows:

4

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incorporates herein the allegations set forth in paragraphs 7,

subparagraphs A through S, inclusive, 10, subparagraph B, and

11, subparagraph B, above, as though fully set forth.

NINTH CAUSE FOR DISCIPLINE

(Unprofessional Conduct)


12 disciplinary action under section 2234 of the Code in for

13 unprofessional conduct, generally, during his care, treatment, and

14 management of patient P.C. The circumstances are as follows:

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A.

incorporates

subparagraphs

set forth.

Complainan~ refers to and, by this reference,

herein the allegations set forth in paragraph 7,

A through S, inclusive, above, as though fully

18.

.. ,-, ..

1 PRAYER

2 WHEREFORE, complainant requests that a hearing be held

3 on the matters herein alleged and that, following the hearing, the

4 Division issue a decision:

5 1. Revoking or suspending Physician and Surgeon's

6 Certificate Number G54401, heretofore issued to respondent GLENN E.

7 MILLER, M.D.;

8 2. Revoking, suspending, or denying approval of

9 respondent's authority to supervise physician's assistants,

10 pursuant to section 3527 of the Code;

11 3. Ordering respondent to pay the Division the

12 reasonable costs of the investigation and enforcement of this case

13 and, if placed on probation, the costs of probation monitoring; and

14 4. Taking such other and further action as the Division

15 deems necessary and proper.

16

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18 DATED: De enter 14, 19B

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25 JPF:jpf

26 RDM:DIDO

03573160-LA9BADOOOO

27 shell.ace [1197rev]

~~"-ti, ])/rec"(.,r Ron Joseph ~ ' { Executive Director Medical Board of California Department of Consumer Affairs State of California

Complainant

19.