xavier becerra alexandra alvarez jannsen tan4patientsafety.org/documents/naseem, shahzad...

XAVIER BECERRA Attorney General of California

2 ALEXANDRA M. ALVAREZ Supervising Deputy Attorney General

3 JANNSEN TAN Deputy Attorney General

4 State Bar No. 237826 1300 I Street, Suite 125

5 P.O. Box 944255 Sacramento, CA 94244-2550

6 Telephone: (916) 445-3496 Facsimile: (916) 327-2247

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8 Attorneys for Complainant

9 BEFORE THE MEDICAL BOARD OF CALIFORNIA

10 DEPARTMENT OF CONSUMER AFFAIRS

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STATE OF CALIFORNIA

In the Matter of the Accusation and Petition to Revoke Probation Against,

SHAHZAD NASEEM, M.D. 1869 Blevin Road Yuba City, CA 95993

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

Respondent.

Case No. 800-2016-027857

DEFAULT DECISION AND ORDER

[Gov. Code, §11520]

FINDINGS OF FACT

1. On or about February 2, 2017, Complainant Kimberly Kirchmeyer, in her official

capacity as the Executive Director of the Medical Board of California, Department of Consumer

Affairs, filed Accusation and Petition to Revoke Probation No. 800-2016-027857 against Shahzad

Naseem, M.D. (Respondent) before the Medical Board of California. A true and correct copy of

the Accusation/Petition to Revoke Probation No. 800-2016-027857 and related documents is

attached as Exhibit 1 in the separate accompanying "Default Decision Evidence Packet". 1

Ill

Ill

1 The Exhibits referred to herein, which are true and correct copies of the originals, are contained in the separate accompanying "Default Decision Evidence Packet."

(SHAHZAD NASEEM, M.D.) DEFAULT DECISION & ORDER (Case No. 800-2016-027857)

2. On or about June 29, 2001, the Medical Board of California (Board) issued

2 Physician's and Surgeon's Certificate No. A 75541 to Respondent. The Physician's and

3 Surgeon's Certificate expired on June 30, 2015, and has not been renewed.

4 3. On or about February 2, 2017, Robyn Fitzwater, an employee of the Medical Board,

5 served by Certified Mail a copy of the Accusation and Petition to Revoke Probation No. 800-

6 2016-027857, and related documents to Respondent's address of record with the Board, which

7 was and is 1869 Blevin Road Yuba City, CA 95993.

8 4. Service of the Accusation and Petition to Revoke Probation was effective as a matter

9 of law under the provisions of Government Code section 11505, subdivision (c).

10 5. On or about February 17, 2017, the aforementioned documents were returned by the

11 U.S. Postal Service marked "Unclaimed." A copy of the envelope returned by the post office is

12 attached as Exhibit 2, and is incorporated herein by reference.

13 6. Business and Professions Code section 118 states, in pertinent part:

14 "(b) The suspension, expiration, or forfeiture by operation of law of a license issued by a

15 board in the department, or its suspension, forfeiture, or cancellation by order of the board or by

16 order of a court of law, or its surrender without the written consent of the board, shall not, during

17 any period in which it may be renewed, restored, reissued, or reinstated, deprive the board of its

18 authority to institute or continue a disciplinary proceeding against the licensee upon any ground

19 provided by law or to enter an order suspending or revoking the license or otherwise taking

20 disciplinary action against the license on any such ground."

21 7. Government Code section 11506 states, in pertinent part:

22 "(c) The respondent shall be entitled to a hearing on the merits if the respondent files a

23 notice of defense, and the notice shall be deemed a specific denial of all parts of the accusation

24 not expressly admitted. Failure to file a notice of defense shall constitute a waiver of

25 respondent's right to a hearing, but the agency in its discretion may nevertheless grant a hearing."

26 8. Respondent failed to file a Notice of Defense within 15 days after service upon him

27 of the Accusation and Petition to Revoke Probation, and therefore waived his right to a hearing on

28 the merits of Accusation and Petition to Revoke Probation No. 800-2016-027857.

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1 9. California Government Code section 11520 states, in pertinent part:

2 "(a) If the respondent either fails to file a notice of defense or to appear at the hearing, the

3 agency may take action based upon the respondent's express admissions or upon other evidence

4 and affidavits may be used as evidence without any notice to respondent."

5 10. Pursuant to its authority under Government Code section 11520, the Board finds

6 Respondent is in default. The Board will take action without further hearing and, based on

7 Respondent's express admissions by way of default and the evidence before it, contained in

8 Exhibits 1, 2, and 3, finds that the allegations in Accusation and Petition to Revoke Probation No.

9 800-2016-027857 are true and correct.

10 11. Section 2227 of the Code provides that a licensee who is found guilty under the

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

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

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

14 12. Section 2234 of the Code, states:

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

16 conduct2. In addition to other provisions of this article, unprofessional conduct includes, but is

17 not limited to, the following:

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

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

20 ''(b) Gross negligence.

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

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

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

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26 2 Unprofessional conduct has been defined as conduct which breaches the rules or ethical code of the medical profession, or conduct which is unbecoming a member in good standing of

27 the medical profession, and which demonstrates an unfitness to practice medicine. (Shea v. Board of Medical Examiners (1978) 81 Cal.App.3d 564, 575.)

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

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

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

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

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

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

7 standard of care.

8 "(d) Incompetence.

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

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

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

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

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

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

15 the proposed registration program described in Section 2052.5."

16 ''(h) The repeated failure by a certificate holder, in the absence of good cause, to attend

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

18 holder who is the subject of an investigation by the board."


20 ''(a) The withdrawal of an application for a license after it has been filed with a board in

21 the department shall not, unless the board has consented in writing to such withdrawal, deprive

22 the board of its authority to institute or continue a proceeding against the applicant for the denial

23 of the license upon any ground provided by law or to enter an order denying the license upon any

24 such ground.

25 ''(b) The suspension, expiration, or forfeiture by operation of law of a license issued by a


27 order of a court of law, or its surrender without the written consent of the board, shall not, during


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3 disciplinary action against the licensee on any such ground.

4 "(c) As used in this section, 'board' includes an individual who is authorized by any

5 provision of this code to issue, suspend, or revoke a license, and 'license' includes 'certificate,'

6 'registration,' and 'permit."'

7 14. True and correct copies of the affidavit of probation monitor supervisor William

8 Sherrard is attached as Exhibit 3, and is incorporated herein by reference. The facts alleged

9 therein are deemed true and shall form part of the administrative record relied upon by the agency

10 in its determination of the issues.

11 15. Respondent's probation in Case No. 02-2012-227517 is subject to revocation and he

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has subjected his Physician's and Surgeon's Certificate No. A 75541 to disciplinary action, as

more particularly alleged hereinafter:

Ill

a. Violating Condition 9 of Respondent's probation in Case No. 02-2012-227517,

for failing to meet with the Board's assigned probation monitor, and submit quarterly

declarations;

b. Violating Condition 10 of Respondent's probation in Case No. 02-2012-

227517, for failing to inform the Board of his current business and residence

addresses, email, and telephone numbers and any changes thereto;

c. Violating Condition 10 of Respondent's probation in Case No. 02-2012-

227517, for failing to renew his physician's and surgeon's license, which expired

June 20, 2015;

d. Violating Condition 10 of Respondent's probation in Case No. 02-2012-

227517, for failing to immediately notify the Board in writing of travel to any area

outside the jurisdiction of California, which is contemplated to last more than 30

days, and to notify the Board in writing 30 days prior to leaving California to reside

or practice in another state;

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e. Violating Condition 12 of Respondent's probation in Case No. 02-2012-

227517, for failing to notify the Board of his non-practice of medicine for more than

two years;

f. Violating the terms and conditions of Respondent's probation in Case No. 02-

2012-227517, for failing to comply with the Board's probation unit and all terms and

conditions of his probation; and

g. Engaging in unprofessional conduct, as defined by Business and Professions

Code section 2234, by failing to abide by the terms and conditions of his probation

and failing to comply with the Board's probation unit.

DETERMINATION OF ISSUES

Based on the foregoing findings of fact, Respondent Shahzad Naseem, M.D. has

12 subjected his Physician's and Surgeon's Certificate No. A 75541 to discipline.

13 2. A copy of the Accusation and Petition to Revoke Probation and the related documents

14 and Declaration of Service are attached.

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The agency has jurisdiction to adjudicate this case by default.

Pursuant to the authority under California Government Code section 11520, and

17 based on the evidence before it, the Board hereby finds that the charges and allegations contained

18 in Accusation and Petition Revoke No. 800-2016-027857, and the Findings of Fact contained in

19 paragraphs 1 through 15, above, and each of them, separately and severally, are true and correct.

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ORDER

2 IT IS SO ORDERED that Physician's and Surgeon's Certificate No. A 75541, heretofore

3 issued to Respondent Shahzad Naseem, M.D., is revoked.

4 Pursuant to Government Code section 11520, subdivision (c), Respondent may serve a

5 written motion requesting that the Decision be vacated and stating the grounds relied on within

6 seven (7) days after service of the Decision on Respondent. The agency in its discretion may

7 vacate the Decision and grant a hearing on a showing of good cause, as defined in the statute.

8 This Decision shall become effective on June 9, 2 01 7

9 It is so ORDERED May 11, 201 7

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28 SA20 16302563

32829189.docx

DEPARTMENT OF CONSUMER AFFAIRS

KIMBERLY KIRCHMEYER Executive Director

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1 KATHLEEN A. KENEALY Acting Attorney General of California

2 ALEXANDRA M. ALVAREZ Supervising Deputy Attorney General

3 JANNSEN TAN Deputy Attorney General

4 State Bar No. 237826 1300 I Street, Suite 125

5 P.O. Box 944255 Sacramento, CA 94244-2550


7 Attorneys for Complainant

FILED STATE OF CALIFORNIA

MEDICAL BOARD OF CALIFORNIA SACRAMENTO fz'C'i :,.,., ,, ;> 20_/_~·-By I,. :' ; ' ., 1 • i··- :, , .. J ANALYST J '>-i • ,, j' Jj -~ ·• ,/ 1•'·', c'r( (

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10 BEFORE THE

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MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS

STATE OF CALIFORNIA

In the Matter of the Accusation and Petition to Revoke Probation Against:

Shahzad Naseem, M.D. 1869 Blevin Road Yuba City, CA 95993

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

Respondent.

Complainant alleges:

PARTIES

Case No. 800-2016-027857

ACCUSATION AND PETITION TO REVOKE PROBATION

21 1. Kimberly Kirchmeyer (Complainant) brings this Accusation and Petition to Revoke

22 Probation solely in her official capacity as the Executive Director of the Medical Board of

23 California, Department of Consumer Affairs (Board).

24 2. On or about June 29, 2001, the Medical Board issued Physician's and Surgeon's

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

26 Certificate expired on June 30,2015, and has not been renewed.

27 Ill

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Accusation and Petition to Revoke Probation ( 800-20 16-027857)

1 DISCIPLINARY HISTORY

2 3. On or about September 10, 2013, the Executive Officer ofthe Medical Board of

3 California (Board) filed an Accusation against Respondent in the matter entitled: In the Matter of

4 the Accusation Against: Shahzad Naseem, MD., Case No. 02-2012-227517.

5 4. On or about July 10, 2014, Respondent signed a Stipulated Settlement and

6 Disciplinary Order to resolve the Accusation. Respondent admitted the truth of each and every

7 charge and allegation in Accusation No. 02-2012-227517.

8 5. By Decision dated August 7, 2014, and effective September 5, 2014, in the case

9 entitled: In the Matter of the Accusation Against: Shahzad Naseem, MD., Case No. 02-2012-

10 227517, the Board revoked Respondent's Physician's and Surgeon's Certificate. The revocation

11 was stayed and Respondent's license was placed on five (5) years probation with various terms

12 and conditions. A true and correct copy of the decision is attached hereto as Exhibit A and is

13 incorporated herein by reference.

14 JURISDICTION

15 6. This Accusation and Petition to Revoke Probation is brought before the Board, under

16 the authority of the following laws. All section references are to the Business and Professions

17 Code unless otherwise indicated.

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

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

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

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



24 conduct1• In addition to other provisions of this article, unprofessional conduct includes, but is

25 not limited to, the following:

26 1 Unprofessional conduct has been defined as conduct which breaches the rules or ethical code of the medical profession, or conduct which is unbecoming a member in good standing of

27 the medical profession, and which demonstrates an unfitness to practice medicine. (Shea v. Board of Medical Examiners (1978) 81 Cal.App.3d 564, 575.)

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

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

3 (b) Gross negligence.

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

5 om1sswns. An initial negligent act or omission followed by a separate and distinct departure from

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

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

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

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

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

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

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

13 standard of care.

14 (d) Incompetence.

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

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

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

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

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

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

21 the proposed registration program described in Section 2052.5.

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

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

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


26 "(a) The withdrawal of an application for a license after it has been filed with a board in

27 the department shall not, unless the board has consented in writing to such withdrawal, deprive

28 the board of its authority to institute or continue a proceeding against the applicant for the denial

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1 of the license upon any ground provided by law or to enter an order denying the license upon any

2 such ground.

3 (b) The suspension, expiration, or forfeiture by operation of law of a license issued by a


5 order of a court oflaw, or its surrender without the written consent of the board, shall not, during




9 disciplinary action against the licensee on any such ground.

10 (c) As used in this section, "board" includes an individual who is authorized by any

11 provision of this code to issue, suspend, or revoke a license, and "license" includes "certificate,"

12 "registration," and "permit."

13 FIRST CAUSE TO REVOKE PROBATION (Quarterly Declarations)

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15 10. At all times after the effective date of Respondent's probation in Case No. 02-2012-

16 227517, Condition No.9 provided:

1 7 "Quarterly Declarations

18 Respondent shall submit quarterly declarations under penalty of perjury on forms provided by the Board, stating whether there has been compliance with all the

19 conditions of probation.

20 Respondent shall submit quarterly declarations not later than 10 calendar days after the end of the preceding quarter."

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22 11. On or about August 14, 2014, the Board probation monitor mailed a letter to

23 Respondent to set up an initial intake interview. The letter was returned with no forwarding

24 address.

25 12. On or about August 28, 2014, the Board probation monitor contacted Respondent via

26 telephone. Respondent informed the Board probation monitor that he was not practicing

27 medicine, and he was currently residing in Pakistan. Respondent stated that he was not sure how

28 long he will stay in Pakistan.

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1 13. On or about March 15, 2015, the Board probation monitor left a voicemail message

2 for Respondent advising him to contact the Board when he returns to California to set up an initial

3 intake interview.

4 14. On or about June 5, 2015, the Board probation monitor telephoned Respondent and

5 left a voicemail. Respondent returned the call the same day and stated that he was still in Pakistan

6 and not sure when he will return to California.

7 15. On or about June 30, 2015, Respondent's physician's and surgeon's license expired,

8 and was not renewed.

9 16. On June 16, 2016, the Board probation monitor advised Respondent that he is in

10 violation of his probation for failure to renew his license. The Board also notified Respondent

11 that he is required to notify the Board immediately in writing of any change in residence, business

12 address or telephone number.

13 17. Respondent's probation is subject to revocation in that Respondent failed to meet

14 with the Board assigned probation monitor, and submit quarterly and/or semi-annual declarations.

15 SECOND CAUSE TO REVOKE PROBATION (Failure to Abide by General Probation Requirements)

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17 18. At all times after the effective date of Respondent's probation in Case No. 02-2012-

18 227517, Condition No. 10 provided:

19 "Compliance with Probation Unit

20 Respondent shall comply with the Board's probation unit and all terms and conditions of this Decision.

21 Address Changes

22 Respondent shall, at all times, keep the Board informed of Respondent's business and

23 residence addresses, email address (if available), and telephone number. Changes of such addresses shall be immediately communicated in writing to the Board or its

24 designee. Under no circumstances shall a post office box serve as an address of record, except as allowed by Business and Professions Code section 202l(b ).

25 Place of Practice

26 Respondent shall not engage in the practice of medicine in Respondent's or patient's

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

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License Renewal

2 Respondent shall maintain a current and renewed California physician's and surgeon's license.

3 Travel or Residence Outside California

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

5 any areas outside the jurisdiction of California which lasts, or is contemplated to last, more than thirty (30) calendar days.

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

7 respondent shall notify the Board or its designee in writing 30 calendar days prior to the dates of departure and return."

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9 19. Paragraphs 10 through 15, above, are hereby incorporated by reference and realleged

10 as if fully set forth herein.

11 20. Respondent's probation is subject to revocation in that Respondent failed to inform

12 the Board of his current business and residence addresses, email, and telephone numbers and any

13 changes thereto.

14 21. Respondent's probation is subject to revocation in that Respondent failed to renew his

15 license which expired June 30, 2015.

16 22. Respondent's probation is subject to revocation in that Respondent failed to

17 immediately notify the Board in writing of travel to any area outside the jurisdiction of California

18 which is contemplated to last more than 30 days, and to notify the Board in writing 30 days prior

19 to leaving California to reside or practice in another state.

20 23. Respondent's probation is subject to revocation in that Respondent failed to comply

21 with the Board's probation unit and all terms and conditions of his probation.

22 THIRD CAUSE TO REVOKE PROBATION

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(Non-Practice for Two Years)

24. At all times after the effective date of Respondent's probation in Case No. 02-2012-

227517, Condition No. 12 provided:

"Non-Practice While On Probation

Respondent shall notify the Board or its designee in writing within 15 calendar days of any periods of non-practice lasting more than 30 calendar days and within 15 calendar days of Respondent's return to practice. Non-practice is defined as any period of time Respondent

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is not practicing medicine in California as defined in Business and Professions Code sections 2051 and 2052 for at least 40 hours in a calendar month in direct patient care, clinical activity or teaching, or other activity as approved by the Board. All time spent in an intensive training program which has been approved by the Board or its designee shall not be considered non-practice. Practicing medicine in another state of the United States or Federal jurisdiction while on probation with the medical licensing authority of that state or jurisdiction shall not be considered non-practice. A Board-ordered suspension of practice shall not be considered as a period of non-practice.

In the event Respondent's period of non-practice while on probation exceeds 18 calendar months, Respondent shall successfully complete a clinical training program that meets the criteria of Condition 18 of the current version of the Board's "Manual of Model Disciplinary Orders and Disciplinary Guidelines" prior to resuming the practice of medicine.

Respondent's period of non-practice while on probation shall not exceed two (2) years. Periods of non-practice will not apply to the reduction of the probationary term. Periods of no practice will relieve Respondent of the responsibility to comply with the probationary terms and conditions with the exception of this condition and the following terms and conditions of probation: Obey All Laws; and General Probation Requirements."

25. Paragraphs 10 through 15, above, are hereby incorporated by reference and realleged

as if fully set forth herein.

26. Respondent's probation is subject to revocation in that Respondent failed to notify the

Board of his non-practice of medicine for more than two years.

FIRST CAUSE FOR DISCIPLINE (General Unprofessional Conduct)

20 27. Respondent is further subject to discipline under sections 2227 and 2234, as defined

21 by section 2234 of the Code, in that he has engaged in conduct which breaches the rules or ethical

22 code of the medical profession, or conduct which is unbecoming a member in good standing of

23 the medical profession, and which demonstrates an unfitness to practice medicine, as more

24 particularly alleged hereinafter: Paragraphs 10 to 15, above, are hereby incorporated by reference

25 and realleged as if fully set forth herein.

26 28. Respondent engaged in unprofessional conduct when he failed to abide by the terms

27 and conditions of his probation and failed to comply with the Board's probation unit.

28 Ill

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1 PRAYER

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

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

4 1. Revoking or suspending Physician's and Surgeon's Certificate No. A 75541, issued to

5 respondent, Shahzad Naseem, M.D.;

6 2. Revoking the probation that was granted by the Medical Board of California in Case

7 No. 02-2012-227517, and imposing the disciplinary order that was stayed thereby revoking

8 Physician's and Surgeon's Certificate Number A 75541, issued to Shahzad Naseem, M.D.;

9 3. Revoking, suspending or denying approval of respondent, Shahzad Naseem, M.D.'s

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

11 4. Ordering Shahzad Naseem, M.D., if placed on probation, to pay the Board the costs of

12 probation monitoring; and

13 5. Taking such other and further action as deemed nee ssary and proper.

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15 DATED: February 2, 2017

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26 SA20 16302563

27 32664533.doc

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Executive irector Medical Board of California Department of Consumer Affairs State of California Complainant

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EXHIBIT A

BEFORE THE MEDICAL BOARD OF CALIFORNIA

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation ) Against: )

) )

SHAHZAD NASEEM, M.D. ) )

Physician's and Surgeon's ) Certificate No. A -7 5541 )

) Respondent )

Case No. 02-2012-227517

DECISION

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

This Decision shall become effective at 5:00 p.m. on September 5, 2014.

IT IS SO ORDERED: August 7, 2014.

MEDICAL BOARD OF CALIFORNIA

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KAMALA D. HARRIS Attorney General of California JUDITH T. ALVARADO Supervising Deputy Attorney General STEVE DIEHL Deputy Attorney General State Bar No. 235250

California Department of Justice 2550 Mariposa Mall, Room 5090 Fresno, CA 93721 Telephone: (559) 477-1626 Facsimile: (559) 445-5106

Attorneys for Complainant

BEFORE THE MEDICAL BOARD OF CALIFORNIA

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

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

12 SHAHZAD NASEEM, M.D. 1869 Blevin Road

OAH No. 2013100915

13 Yuba City, CA 95993

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

Respondent.

STIPULATED SETTLEMENT AND DISCIPLINARY ORDER

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

20 entitled proceedings that the following matters are true:

21 PARTIES

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

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

24 this matter by Kamala D. Harris, Attorney General of the State of California, by Steve Diehl,

25 Deputy Attorney General.

26 2. Respondent Shahzad Naseem, M.D. ("Respondent") is represented in this proceeding

27 by attorney Courtney E. Pilchman, Esq., whose address is: 2030 Main St., Suite 1300, Irvine, CA

28 92614.

STIPULATED SETTLEMENT (02-2012-227517)

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

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

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

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

5 JURISDICTION

6 4. Accusation No. 02-2012-227517 was filed before the Medical Board of California

7 (Board) , Department of Consumer Affairs, and is currently pending against Respondent. The

8 Accusation and all other statutorily required documents were properly served on Respondent on

9 September 10, 2013. Respondent timely filed his Notice of Defense contesting the Accusation.

10 5. A copy of Accusation No. 02-2012-227517 is attached as exhibit A and incorporated

11 herein by reference.

12 ADVISEMENT AND WAIVERS

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

14 charges and allegations in Accusation No. 02-2012-227517. Respondent has also carefully read,

15 fully discussed with counsel, and understands the effects of this Stipulated Settlement and

16 Disciplinary Order.

17 7. Respondent is fully aware ofhis legal rights in this matter, including the right to a

18 hearing on the charges and allegations in the Accusation; the right to be represented by counsel at

19 his own expense; the right to confront and cross-examine the witnesses against him; the right to

20 present evidence and to testify on his own behalf; the right to the issuance of subpoenas to compel

21 the attendance of witnesses and the production of documents; the right to reconsideration and

22 court review of an adverse decision; and all other rights accorded by the California

23 Administrative Procedure Act and other applicable laws.

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

25 every right set forth above.

26 CULPABILITY

27 9. Respondent admits the truth of each and every charge and allegation in Accusation

28 No. 02-2012-227517.

2


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

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

3 Disciplinary Order below.

4 CONTINGENCY

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

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

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

8 settlement, without notice to or participation by Respondent or his counsel. By signing the

9 stipulation, Respondent understands and agrees that he may not withdraw his agreement or seek

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

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

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

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

14 considered this matter.

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

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

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

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

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

20 Disciplinary Order:

21 DISCIPLINARY ORDER

22 IT IS HEREBY ORDERED that Physician's and Surgeon's Certificate No. A 75541 issued

23 to Respondent Shahzad Naseem, M.D. (Respondent) is revoked. However, the revocation is

24 stayed and Respondent is placed on probation for five (5) years on the following terms and

25 conditions.

26 1. CONTROLLED SUBSTANCES - ABSTAIN FROM USE. Respondent shall abstain

27 completely from the personal use or possession of controlled substances as defined in the

28 California Uniform Controlled Substances Act, dangerous drugs as defined by Business and

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


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.

17 Respondent shall maintain this laboratory or service contract during the period of probation.

18 A certified copy of any laboratory test result shall be received in evidence in any

19 proceedings between the Board and Respondent.

20 If Respondent fails to cooperate in a random biological fluid testing program within the

21 specified time frame, Respondent shall receive a notification from the Board or its designee to

22 immediately cease the practice of medicine. The Respondent shall not resume the practice of

23 medicine until final decision on an accusation and/or a petition to revoke probation. An

24 accusation and/or petition to revoke probation shall be filed by the Board within 15 days of the

25 notification to cease practice. If the Respondent requests a hearing on the accusation and/or

26 petition to revoke probation, the Board shall provide the Respondent with a hearing within 30

27 days of the request, unless the Respondent stipulates to a later hearing. A decision shall be

28 received from the Administrative Law Judge or the Board within 15 days unless good cause can

5


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.

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

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

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

20 shall be retained for the entire tenn of probation.

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

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

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

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

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

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

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

28 calendar days.

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

STIPULATED SETTLEMENT (02-20 12-227517)

Travel or Residence Outside California

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

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

4 (30) calendar days.

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

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

7 departure and return.

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

9 available in person upon request for interviews either at Respondent's place ofbusiness or at the

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

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

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

13 30 calendar days and within 15 calendar days of Respondent's return to practice. Non-practice is

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

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

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

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

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

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

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

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

22 In the event Respondent's period ofnon-practice while on probation exceeds 18 calendar

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

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

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

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

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

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

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 medical1icense, the

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

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

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

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

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

28 year.

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ACCEPTANCE

[have carefully read the above Stipulated Settlement and Discip!ina.-y Order and have fully

discussed it with my attorney, Courtney E. Pi!chman, Esq.. I understand the stipulation and the

effect it wilt have on my Phy~ician's and Surgeon's Certificate. 1 enter into this Stipulated

Settlement and Disciplinary Order voluntarily, knowingly, and intelligently, and agn:e to be

bound by the Decision and Order of the Medical Board ~~California.

(I DATED:

SHAH7.AD N,i/7'!, M.D. Respondent

11 I have read and fully discussed with Respondent Shahzad Naseem, M.D. the terms and

12 conditions and other matters contained in the above Stipulated Scttleme

13 I approve its form and content.

14

15

16

17

DATED

ENDORSEMENT

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19

The foregoing Stipulated Settlement and Disciplinary Order is hereby respectfully

submitted for consideration by the Medical Board of California.

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Dated:

SA20J 3308247 28 95!1l30i.doc

!0

Respectfully submitted,

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

/ .?'-"---.........._ '- "-...

STEVEDtEHL Deputy Attorr.ey General Artorne:ysfor Complainant

STfPULA TED SETTLEMENT (02-2012-227: 17\

Exhibit A

Accusation No. 02-2012-227517

KA.:vL\LA D. HARRIS Attorney General of California

2 ROBERT YlCK.JM BELL Supervising Deputy Attorney General

3 MIA PEREZ-ARROYO Deputy Attorney General

4 State Bar No. 203178 California Department of Justice

5 1300 I St. Sacramento, Calitornia 95814


7 A trorneys jar Complainant

8 BEFORE THE

10

MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS

STATE OF CALIFORNIA

11---------------------------------~

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

12 SHAHZAD NASEEM, M.D.

13 1869 Slevin Road

14 Yuba City, California 95993

IS Physician's and Surgeon's Certificate A 75541,

16

17

18 Complainant alleges:

Respondent.

ACCUSATION

19 PARTIES

20 l. Kimberly Kirchmeyer (Complainant) brings this Accusation solely in her official

21 capacity as the Interim Executive Director of the Medical Board ofC.llitornia (Board).

2. On or about June 29, 2001. the Board issued Physician's and Surgeon's Certiticate

number:\ 75541 to Shahzad N<:Jseem, M.D. (Respondent). That license w<:Js in full t(xce and

effect at all times relev<:Jnt to the charges brought herein and will ex.pire on June 30, 2015, unless

renewed.

2o 3. Dr. Naseem is a peJiatrician working in Yuba City, California.

27

28

:\cc usauon

JlJRISDICTIO~

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

3 la\vs. All section references are to the Business and Professions Code unless otherwise indicated.

5. Section 2 004 oft he Code states:

5 "The board shall have the responsibility t(.>r the following:

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

7 Act.

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

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

10 administrative law judge.

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

12 disciplinary actions.

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

14 certificate holders under the jUiisdiction of the board.

15 "(f) Approving under,graduate and graduate medical education programs.

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

17 subdivision(f).

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

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

20 6. Section 2227 of the Code states:

21 "(<.!) A licensee whose matter has been heard by an administrative law judge of the Medical

22 Quality Hearing Panel as designated in Section l 13 71 of the Government Code, or whose default

23 has been entered, and who is found guilty. or who has entered into a stipulation for discirlinary

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

25 "( l) Have his or her license revoked upon order nfthe division.

2h "(2) Have his or her right to practice suspended t(lr a period not to exceed one year upon

27 order of the division.

l

-----· ··-·---·--.. ·------ -------.\ccu:-;ation

"(3) Be placed on probation and be required to pay the costs of probation monitoring upon

2 order of the division.

3 "( 4) Be publicly reprimanded by the division.

4 "( 5) Have any other action taken in relation to discipline as part of an order of probation, as

5 the division or an administrative law judge may deem proper.

6 "(b) Any matter heard pursuant to subdivision (a), except for warning letters, medical

7 review or advisory conferences, professional competency examinations, continuing education

8 activities, and cost reimbursement associated therewith that are a~:,rreed to with the division and

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

I 0 existing law, is deemed public, and shall be made available to the public by the board pursuant to

ll Section 803 .l."

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

13 of any offense substantially related to the qualitications, functions, or duties of a physician and

14 surgeon constitutes unprofessional conduct of this chapter."

15 8. Section 2234 of the Code states, in pertinent part:


I 7 conduct. In addition to other provisions of this article, unprofessional conduct includes, but is not

18 limited to, the following:

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

20 violation of. or conspiring to violate any provision of this chapter.

21

22

26

27

H II

lJ. Section 802.1 of the Code states, in pertinent part:

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

medicine. and a physician assistant shall report either of the following to the entity that issued his

or her license:

II

"(B) The conviction of the licensee. including any verdict of guilty. or plea of guilty or nn

contest, of any felony or misdemeanor.

3

Accu~ation

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

1 date of the bnnging of the indictment or infonnation or of the conviction.

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

-t a tine not to exceed tive thousand dollars (55,000)."

5 FIRST CAVSE FOR DISCIPLINE

6 (Conviction of a Substantially Related Crime)

7 l 0. Respondent is subject to disciplinary action under section 2236 of the Code because

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

9 physician and surgeon, to wtt, Illegal possession of drugs. The circumstances are as to! lows:

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

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 detennined to be cocaine, and a second clear plastic bag

containing a green substance later detetmined to be marijuana. Respondent was detained by

security pending the arrival of police. A Douglas County Sheriff's deputy arrived some time

later, and encountered Respondent seated unhandcuffed in a security room. The SheritT's deputy

read Respondent his Miranda rights, which Respondent stated he understood. Respondent then

agreed to answer the questions of the Deputy Sheriff. Respondent infonned the Sheriff's deputy

that the white substance was cocaine, and that the green substance was marijuana. Respondent

was arrested, and en route to jail, stated to the Sheriffs deputy, "I don't understand the big deal,"

·'[am nut a drug dealer it is a small amount, [it's] just for personal use, there is nothing wrong

with it", ·'[this] is not a problem", and "you should be going after real ctiminals." Upon atTiva! at

the jail, Respondent was seJrched again, and another Sheritrs deputy discovered four white pills

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

detennined to be Hydrocodone Bttartrate ami Ibuprofen. The light hlue pills remain unidentified.

1 Stateline, Nevada, as its name implies, is immediutely east of the California- ~evada inter-state border, near South Lake Tahoe, California.

12. On or about Septt!mher 13,2012, in a Second Amended Criminal Complaint,

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

3 Sedion 9.~5-U51, (illegal possession of drugs) a misdemeanor. The complaint alleged that

-+ Respondent ··did willfully and unlawfully possess a drug which may not be lawfully introduced

5 into interstate commerce under tht.: Federal Food, Drug and Cosmetic Act, to-wtt: cocaine,

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

7 against the peace and dignity ofthe State of Nevada."

8 13. On or about September 13, 2012, Respondent entered a guilty plea to a misdemeanor

9 violation of Douglas County Code Section 9.454.351, as alleged in Second Amended Criminal

10 Complaint. Respondent was ordered to pay a fine in the amount of $1,13 7.

11 SECOND CAUSE FOR DISCIPLINE

12 (Failure to Report a Conviction)

13 14. Respondent is subject to disciplinary action under sections 2234 and 802.1 in that he

1-t failed to report a misdemeanor conviction. The circumstances are as follows:

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

16 and 13 of this Accusation.

17 16. On or about October 23, 20 12, the Board received a letter from the Douglas County

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19

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21

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District Attomey informing the Board of Respondent's misdemeanor conviction. At no time

prior to the commencement of the Board's investigation did Respondent notity the Board of the

conviction.

PRAYER

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

and that following the hearing, the Bourd issue a decision:

l. Revoking or suspending Physician's and Surgeon's Ce11iticate Number A 75541.

issued to Shuhzad Naseem, M.D.

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

27 assistants, pursuant to section 3527 of the Code;

5 ---------------

:\ccusat10n

3. Imposing a tine of'55.000 tn accordance with section 802.1 ofthe Business anJ

1 Professions Code;

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4. If placed on probation, ordering him to pay the costs of probation monitoring;

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

September 10, 2013 D-\TFD:

C omplu ina l1l

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,/'

.-\ccusation

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