2

'3

4

5

6

7

8

9

10

11

]2.

14

KA~<ri.ALA D. HAR.Rrs Attonl.ey General of Cnlifonna JANE ZACK SrMo'N Sttpervishlg Depnt)' Attorney G~men1l CAROL''t'NE EVANS. Deputy Attot1J.ey(leneral State Bar No . .289206

455 Golden Gate Avenue, Su:ite-11 000 ··san Francisco, CA 941 02~ 7004 Telephone: ( 4 ~ 5) 703-12 I1 Facsin1ile: ( 415) 703~ S48Q

Attot11c:ys fat Complainant

FilED STATE OF CALIFORNtA

MEDICAL BOARD OF CAUFORNIA SA~NtO. 3~~ ~20.~ BY~~ ~l ~c>: ANAlYST

BEFORE', THE MRDICAL BOARD OF CALIF.ORN:iA

J) EPA1itT1\iRNi 'OJ( CONSU!VIER Al•'.FA l RS . . STA't:E OF CA'LIJ?Ofu~lA

fn the Matim:· of the· AccusatiO'n.Agaiust;

Sujni1 Thyl.1gar·aj, M.D.

Case No, 800-201 '6·021416

ACCUSAT'I O N

15 ·I P!tysiciau's t~Ud Sui·g~on's Certificate I !'o. A13660l~

16 1

17 Respomlen.t.

~~--------~-------------~-----~ 18

21 1. Kirnberly Kirchmeyer .(Complainant) bri.11gs th:is: ACCI.l.Satiou solely ill her official

22 capacity as the ~;~:ectl tive Director of th·e·-M edical Board of Ca1ifornia, Devarhnent of Consumer

2) li.ffairs. (Bo~rd).

24 2. On .or ahout Juue 1> 2015, the Medical Bom·d issued Physician's and Surgeon1s

25 Ceitifi.Crlte Numb~r A 136601 to Sujan ·nwagaraj, M.D. (ReSJion<iont). TI1e.Physician's 1.md

2-6 SurgeOn1S Certiti'cate is renexv:ed .and GUrrent with an e>q.,ir.ati9l) ~.ate of June 3'0,_2Dl 7. Howeve:r.1

27 on or glboul Apri) 25, 2016, the Board suspended RespondentJs Hceosc pursuant to Bus1ness and

28 Professions Cpde S~ction 2310.

1 ·------------··-- ·~---·--·~-------~--------·--- - - ------,,.,..", .. · , .~ ........... ""~ .. ;, -l.t". ~ ····- ... . - ....... . .... . - ... .-,.. .... _,_,·.,.. ............ ... .... ii~· ••• : .. ... ..

1 JURISDICTION

2 3. This Accusation is brought before the .Board, under the autho1ity of the following

3 laws. All section reference'S are to the Business and Professions Code unless oi11erwise indicated.

4 4. Section2227 of the Code provides in part that a licensee who is found guilty 1.1nder

5 the Medical Practico Act may have his or her license revoked, suspended for a period not to

6 exceed one year, placed on probation and reqnired to pay the costs of probation mo11itoring, or

7 such other action taken in relation to discipline as the Board deems proper.

8 5. Section 2305 of the Code states:

9 "111e revocation, suspension, or other discipline, restriction or limitation imposed by

10 another stale UJlOJl a license or ceJ1ificate to practice medicine issued by that state, or the

11 revocation, suspension, or restriction ofthe authority to 11ractice medicine by any agency of the

12 federal govenunent, that would have been gmunds for discipline in Califomia of a licensee nndcr

13 this chapter [Chapter 5, the Medical Practice Act] shall constitute grounds .for disciplinary action

14 for tnlprofessional conduct against the licensee in this state."

15 6. Section 141 ofthe Code states:

16 "(a) For any licensee holding a license issued by a board under the jtlrlsdiction of the

17 department, a disciplinary action taken by another state, by any agency of the federal govcmment,

18 or by another cmmtry for any act substantially related to the practice regulated by the Calitomia

19 license, may be a ground for disciplinary action by the respective state licensing board. A

20 certified copy ()f the record ofthe disciplinary aetio.n taken against the licensee hy anotl1er state,

21 an agency of the fede!'al govenunent, or another. country shall be conclusive evidence of the

22 events related therein.

23 "(b) Nothing in this section shall preclude a board from applying a specific statutory

24 provision in the licensing act administered by that board that provides for discipline based upon a

25 disciplinary action tak<..'l1 against the licensee by another state, an agency of the fedctal

26 govemmcnr, or another country."

27 Ill

28 Ill

2

l

2

3 7.

CAUSE FQR DISCIPLINE

(Discipline, Restriction, or Limitation Imposed by Another State)

On o1· about March 25, 2016, the New Mexico Medical Board issued a "Notice of

4 Summary Suspension" (New Mexico Order). The New Mexico Order summarily suspends

5 Respondent's New Mexico license to practice medicine because evidence indicates that Dr. Sujan

6 Thyagaraj poses a clear and immediate danger to the public. The surmnary suspension is based

7 on evidence that shows that on or about February 22,2016 dudng a visit with a female patient,

8 Respondent sexually assaulted the patient by placing his genitals in the patient's mouth, and by

9 placing the patient's hands on his genitals. After the patient reported the incident to police, law

1 o L"'lforcement agents executed a search warrant at the offi.ce where the sexual assault on patient

11 was alleged to have occurred aud found evidence corroboratitlg patient's allegations. When law

12 enforcement agents. attempted to serve a warrant for Respondent's DNA on or abm1t February 2l,

13 2016, they leamed that Respondent had J1edthe country.

14 8. On or about, February 24, 20 16, a criminal complaint was Hied against Respondent in

15 Chavez Cmmty Magistrate Cotut Case No. M-7-FR-2016-00074 alleging one (1) count of

16 violating Section 30-9-ll, NMSA, 1978 (Criminal Sexual Penetration).

17 9. Respondent's conduct and the actions of the New Mexico Medical Board as set forth

Jl.! ln paragraph 7, above, and within the actual New Mexico Board's docLtments, attached as Exhibit

19 A, constitute unprofessional conduct and cause for discipline pursuant to sections2305 and/or

20 l41 ofthc Code.

21

22 PRAYER

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

24 and that following the he.aring, the Medical Board of California issue a decision:

2.5 1. Revoking or SUSJ)ending Physician's and Surgeon's Certiticate Number A 136601,

26. issued to Sujan Thyagaraj, M.D.;

27 2. Revoking, suspending or denying approval ofSqjan Thyagaraj, M.D.'s authority to

2H supervise physician assistants, pursuant to section3527 of the Code;

3

(SUJAN THYAGARAJ, M.D.) ACCUSATION NO. 800·2016·021416

3. Ordering Sujan Thyagaraj, M.D., if placed on prob~tiou, to pay the Board the costs of

2 probation monitoring; and

3 4. ·Taking such other and fcuiher action as deemed necessary and proper.

4

5 DATED: -~~.-1_4, 2016

6

7

8

9

10

n 12

13

14

1:5

16

!7

18

19

20

21

22

23

24

25

26

27

28

SF20l6200724

Executive D ector Medical Board ofCalifomia Department of Consumer Affairs State of Califo.rnia Complainant

4

Exhibit A

BEFORE TijE NKW MEXICO MEDI_<!4L ltQ~

IN THE MAT1'£R OF SC.lANTHYAGARAJ, t\'t.U.

License No. MD2010-0267

) ) ) ) ) ) }

No.

'fO: ~ . 1 • t l • . -· , i

NOTICE OJI sun:lMAHY. 8 U.SP.ENSJ ON

YOU ARE .HEREBY NOTIFIED THAT YOlJR l.lCENSE TO PRACTICE.

MHDlCtNE IS SUMMA.Rll,Y SUSPENDED purs.uant to NMSA 1978 .. Sectiot) 61~6w

I 5. 1 of fhe M~di~tl Pmtfi.cc Act nnd NMSA 1978, Section 6 1~1-4 of the Unrft.mn.

Licensing Aet. 'The New Mexico Medical BQcrd ("Board'') .po,.'iSesses evidenee indic&ing

that you pose u clear and immediate d:unJ~lW to the J>IJhlic henhh nnd safety if you conlinue

to practice medicblt1, Such evjdencc, if not rebutted nt n Inter hearing, wilT justify the

Bollrd in jrnposiog .further su~pcnsion or revocation of your licem;.c-!o prnctice medicine

in the Stal-e of New Mexico .ondl9r pthcr. dis~iplinnry ncHon uik~n u~uinst- you hy the

Boll rd. This sunjnmry SLlspension is basi!:d on evidence that. shows:

A. On or nbm . .Lt Februnry 22, 2016, duri11g a vh;lt wi-t1l a fcmnle_ patient

.(hereinafter referred ta as ~~Pillienl"), you sexuaHy nssnulted Patient by placing your

genitals in Patient's mouth, ati4 by pla<;ing lintient's hands on your gtmitai.s.

E.· After Patient repo1·ted lhe incident to. police, Jaw enforcement ugents

~xecutiflg n senrch wan·ant.at U1e offico where the sexunl-assaull on P.atienl was alleged ~o

have occut'tcd found evidence corroborulin$ P.atient's.allcgations.

Page 1 of3

. . ····---·· ... ~ ~ ·.-- · ··-· ...... , - · ' .... .. -- ...... ....... . ~.·.· ~· ..... . ~ .......... .... .. . ·•·•• .,_ .... ~.·- • a . ·· ·~*---..... ..

C. When law enfbrc:em~t agents attempted to serve a warrant for your DNA

on or about February 23, :Wlo they leemod thnt you'd fled the country.

D. On February 24, 20!6, n criminal complaint was filed aguinsl you in

Cbnvcz County Magistrate Com't Case No. M· 7-FR-2016..00074 alleging one (1) count of

violating Section 110·9· I l , N MSA. t 97& (Criminal Sexual P.enetration).

E. On Mnrch 2, 20Hi, tile B~>ard's iiwestigntive staff em ailed you a copy oflt

Bourd Complaint ba!>ed on the above information, together with a letter

provide a writte;t response to the allegations. As nf this date, you hr1ve not responded 10

the allegations a.~ requested by the Board's and you not fom;ally

notified the Bonrd of the actions tnken by the .law enforcement ngcnt~y which filed

criminal charges against yal.h

ln consideration of the aforementioned evidence in the Boord's possession, the

Bonnl FiNDS AND CONCLUDES thai pose r1 clear danger to lhe

public health and saFety i r you continuo to practice medicine in the Stnte of New Mexico.

THERtiJ"ORE, IT IS ORDER ED that your li1:en~~e to

practice us a physician in the Stale of New Mexico is hereby SUMMARILY

SUSPENDED until further Board.

Pursuant to Board Rulw !6.10.5.lei NMAC, you are entitled to a hearing on !h<l

of this summary order within ( 1.5) of a for a

hearing. Your heflring request shall be in wriling, nddrcss!ld to the Board, delivered by

r~?.lllm n:lceipt reqm:sted. You m.e not required to

summary action until service of this action has been made personally or certified mnll,

return receiptrertue:ste<J, at your known atl<lrlll!S ns shown in the Board's rocords, cr

you have actual knowledge of th.is oltler, whichever comes first.

Pursuant to NMSA, 1978, Seclion61·l·B you have the right to be represented ata

hearing on ihL~ summary suspension order by counsel or by n licensed member of }'0\lr

profession or both, 1md to present nll relevant evidence by means of witnesses, book~,

papers, documents 1md olher evidence; to eKamine all opposing witnesses who muy

appear on any :matter relevant to lhc issu(ts and have ~ubpoent!S dti®S 001m issued as of

right prior to enmmenc.:ment lhc llcarin!J,, lo compel the altcmlanee of witnesses

and !he prnduction ofrelevunt hooks, papers, docu.mentsrmd oth10r evidence uponmnldnl!

a written requcs! therefore to tlm Board. The issuance cf subpoenas

commencement of the hearing rests w.i lh the discretion of the Board t1r Hearing 0 rlicer.

The issuance of this SLtmmnry Suspension is n disclplinury ev~nt end wlll be

reportt'rl to !h<: N utionall'ructillcmer Data Bank and is l! public document, open to public

.of March, 20 Hi.

NEW MEXtCO MEDICAL BOARD

Mu~ico Medica! Board Suuth Pachcce Street, Building 400

San!a Fe, Mexico 87505 Tel: 505-4'115·7220

2

3

4

:?

6

7

8·

9.

10

11

12·

l3

14

15

16

17

K.J.\.MALA D. HARRIS Attorne.y G~neral of California JANE ZACKSIMO.N Supervising: Deputy Attorney General CAROL YNTI EVANS Dep~lty Attorney General State Bar No. 289206

45 s· 'Golden Gate A venut; Suite 1 t 000 S~rn Francisco, CA 941 02~ 7004 Tele(lhone: (4·1.5) 703~ 1 2 1 1 Facsnnile: (415) 703-5480

AUomeys.for Complain am

BE'f"ORE 1TlE MEDICAL B(M.RD OF CAI~.WO.RNlA

D.EPARTME.NT Of' CONSUM.ERA:F'FAlltS STATE OF~ CALIFORNIA

In the Matter of the Accusation Against

StJJANTHYAGARAJ, M.D.

Physicia~'s and Surgeon's Cer1:ifica~e No. Al36601

Case No. 800~2016-.02 1 41 6.

DEFAULT DECISION AND ORDER

(Gov. Code §11520]

19 -~ .... ~---·--·-· ... --·~---·--·· ... - .............. _ .. __ .... .

20

-21 On or. about: July 14, 20161 an enrplo,yee of the Medical Board ·Of California (Board).-served

22 l>y Certified MaiJ a copy of the Accusation No. 800-29 I 6-021416} Statement to Respondent,

2.3 Notice of Defense, Request for J)jsc-overy, and Oovc~11ment Code sections 11507 .5~ 11507 .6~ and

24 1 l 507.7 to Sujan Thyagataj: M..D. (Respondent) ot his address of record with the Board1 which

25 was nod is 26 N. Sky Loop~ RosweiJ. AZ 88201. Ac90rding to the U.S. Posial Service Tracldng

26 intbnnutiml, on July 26, 2016, 1he certified mail wus returned to the B<>ard marked .. Addre~s~

27 l)nknowu.')

') ~--·---~------.. ~--------·~··-··~~,---··••••--·-•H-·-~-----.w.· .. --.. ·•-·•-

T'll:'):,'tl. Tlf 'T' '1\ .r~rt>:: Tf'lN .~r ()QT'IP 'O (J..,n~r f'n<~<> N" ROf).?l11 .t;;()7i4 J(,)

1 (Exhibit Package, Exhibit l 1: Accusation, the related documents, Declarations of Service,

2 and U.S. Postal Service Tracking Infom1ation.)

3 Respondent has not r<.'Spondcd to the Accusation. On August 1, 2016, an employee of the

4 Attomey General's Office sent by certified and regular m.ail addressed to Respondent at his

5 address of record a comiesyNotico of Default, advising Respondent of the Accusation, and

6 providing Respondent with an opportunity to request relief from default According to the U.S.

7 Postal Service Tracking Information, on August 4, 2016, notice was left since thm·e was no

8 authorized recipient available. (Exhibit Package, Exhibit 2: Courtesy Notlce of Default, proof of

9 service and U.S. Postal Service Tracking Information.)

10 FINDINGSOFFACT

11 1.

12 Complainant Kimbcrl)'Kircluneycr is the Executive Director of the Board. The charges

13 and allegations in Accusation No. 800-2016-021416 were at all times brought and made solely in

!4 the official capacity ofthcBoard's Ex.ecutivc Director.

15 lL

16 On or about June I, 2015, the Board issued Physician's and Surgeon's Certificate No.

17 A 136601 to Resp<llldcnt. Said license expires on June 30, 20 17; however the certificate is in a

!8 suspended status. On April 25, 2016, the Board issued a Full Out-of-State Suspension Order

J 9 pursuant to Section 23 I O(a) of the Business ~md Professions Code. (Exhibit Paekage, Exhibit 3:

20 Certificate of License.)

21 UL

22 Ott or about July 14, 2016, Respondent was served with an Aceusation, alleging causes for

23 diseiplin.e against Responde11t The Accusation m1d aecompanying documents were duly served

24 on Responde11t. A courtesy Notice of Default was thereafter served on Respondent. Respondent

25 failed to file a Notice of Defense.

26

27

28

1 The evidem;e.in supp01i of this Detllult Decision and Order is contained in the "Exhibit Package." ·

1 IV.

2 The allegations of the Accusation are true as fhllows:

3 On or about March 25, 2016, the New Mexico Medical Board issued a "Notice ofSm1111Jruy

4 Suspension" (New Mexico Order). The New Mexico Order summarily suspended Respondent's

5 New Mexico license to practice medicine because evidence indicates that Dr. Sujan Thyagaraj

6 poses a clear ru1d immediate danger to the pttblic. 'l11e summary suspension is based on evidence

7 that shows that on or about February 22, 2016, during a visit with a female patient, Respondent

8 sexually assaulted the patient by placing his genitals in the patient's mouth, .ru1d by placing the

9 patient's hands on his genitals. After the patient reported the incidcntto police, Jaw enforcement

1 0 agents executed a search warrant at the office where the sexual assault on the patient was .alleged

11 to have occun·ed and found evidence corroborating patient's allegations. When law enforcement

12 agents attempted to serve a warrant for Respondent's DNA, on or about February 23, 2016, they

13 learned that Respondent had fled the country.

14 On or about, Febn;mry 24, 20!6, a criminal eomp!alnt was filed against Respondent in

15 Chavez County Magistrate Court Case No. M· ?~FR-2016-00074 alleging one (1) count of

16 violating Seetion30·9-11, NMSA, 1978 (Crimimtl Sexual Penetration). {Exhibit Package,

17 Exhibit 1, Attachment A: Order of Suspension issued by the New Mexico Medical Board.)

18 DETERMINATION OF ISSUES

19 Pursuant to the foregoing Findings of Fact, Respondent's condu<-i and the actions of the

20 New Mexico Medical Board constitute unprofessional conduct and eausc for discipline within the

21 meaning ofBusiness and Professions Code sections 2305 and/or 141.

22 .QJ&DER

23 lT IS SO ORDERED that Physician's and Surgeon's Certitkate No. AJ36601, heretofore

24 issued to Respondent SUJAN THYAGARAJ,M.D., is REVOKED.

25 Respondent shall not be deprived of making a request for relief fmm default as set forth in

26 Government Code section 11520, subdivision (c), lbt good cause shown. However, such showing

27 must be made in writing by way of a motion to vacate the default decision and directed to the

28

3

Medical Board of California at 2005 Evergreen Street, Suite 1200, Sacramento, CA 95815 within

2 seven (7) days after service of the Decision on Respondent.

3 Titis Decision shall become effective on .J!!m:!;cllll?§r ;u, 2016

4 It is so ORDERED August 24, 201L~~·~·-··

5

6

7

8

9

10

11

12

!3

14

15

16

17 SF20 16200724 41574286.docx

18

19

20

21

22

23

24

25

26

27

28

MEDICAL BOARD OF CALfFORNJA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

4