FELED isms (A ICAL semi; 31: CALIFORNIA 20 2.2: ANALYST KAMALA D. HARRIS Attorney General of California ALEXANDRA M. ALVAREZ Supervising Deputy Attorney General MATTHEW M. DAVIS Deputy Attorney General State Bar No. 202766 600 West Broadway, Suite 1800 San Diego, CA 92101 PO. Box 85266 San Diego, CA 92186-5266 Telephone: (619) 645-2093 Facsimile: (619) 645?2061 Attorneys for Complainam BEFORE THE MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter of the Accusation Against: Case No. 800-2013-000930 A A I ADAM F. DORIN, MD. 3972 Barranca Parkway, J-115 Irivne, CA 92606 Physician?s and Surgeon?s Certi?cate No. G86440, Respondent. Complainant alleges: PARTIES 1. Kimberly Kirchmeyer (Complainant) brings this Accusation solely in her of?cial capacity as the Executive Director of the Medical Board of California, Department of Consumer Affairs. 2. On or about March 20, 2002 the Medical Board issued Physician?s and Surgeon?s Certi?cate No. G86440 to Adam F. Dorin, M.D. (Respondent). The Physician?s and Surgeon?s Certi?cate was in full force and effect at all times relevant to the charges brought herein and will expire on June 30, 2017, unless renewed. ACCUSATION NO. 800-2013-000930 JURISDICTION This Accusation is brought before the Medical Board of California (Board), Department of Consumer Affairs, under the authority of the following laws. All section references are to the Business and Professions Code (Code) unless otherwise indicated. 4. Section 2227 of the Code states: A licensee whose matter has been heard by an administrative law judge of the Medical Quality Hearing Panel as designated in Section 11371 of the Government Code, or whose default has been entered, and who is found guilty, or who has entered into a stipulation for disciplinary action with the board, may, in accordance with the provisions of this chapter: Have his or her license revoked upon order of the board. Have his or her right to practice suspended for a period not to exceed one year upon order of the board. Be placed on probation and be required to pay the costs of probation monitoring upon order of the board. Be publicly reprimanded by the board. The public reprimand may include a requirement that the licensee complete relevant educational courses approved by the board. Have any other action taken in relation to discipline as part of an order of probation, as the board or an administrative law judge may deem proper. Any matter heard pursuant to subdivision except for warning letters, medical review or advisory conferences, professional competency examinations, continuing education activities, and cost reimbursement associated therewith that are agreed to with the board and successfully completed by the licensee, or other matters made con?dential or privileged by existing law, is deemed public, and shall be made available to the public by the board pursuant to Section 803.1.? ACCUSATION NO. 800-2013-000930 Section 2234 of the Code, states: ?The board shall take action against any licensee who is charged with unprofessional conduct. In addition to other provisions of this article, unprofessional conduct includes, but is not limited to, the following: The commission of any act involving dishonesty or corruption that is substantially related to the quali?cations, functions, or duties of a physician and surgeon. 6. Unprofessional conduct under Code section 2234 is conduct which breaches the rules or ethical code of the medical profession, or conduct which is unbecoming a member in good standing of the medical profession, and which demonstrates an un?tness to practice medicine. (Shea v. Board of Medical Examiners (1978) 81 Cal.App.3d 564, 575.) FIRST CAUSE FOR DISCIPLINE (Dishonest and Corrupt Acts) 7. Respondent has subjected his Physician?s and Surgeon?s Certificate No. G86440 to disciplinary action under sections 2227 and 2234, as defined by section 2234, subdivision of the Code, in that he committed dishonest and corrupt acts as more particularly alleged hereinafter: Sharp Grossmont Hospital 8. On or about May 10, 2012, a report was made to Sharp Grossmont Hospital (SGH) security regarding missing drugs from anesthesia carts in the Women?s Health Center Operating Rooms at SGH. 9. On or about July 17, 2012, video cameras were installed in the SGH Women?s Health Center Operating Rooms as part of an investigation into the missing drugs. 10. Between on or about September 14, 2012, through on or about April 3, 2013, respondent was observed on camera, on multiple occasions, entering one or more of the operating rooms located inside the SGH Women?s Health Center and removing items from the drug carts, including propofol, and placing the items into his shirt pocket. 3 ACCUSATION NO. 800-2013?000930 about April 4, 2013, respondent was interviewed as part of the SGH investigation. Respondent denied taking propofol from anesthesia carts. When later confronted with video evidence to the contrary, respondent admitted removing items from the drug carts, including propofol, and placing the items into his shirt pocket. 12. On or about April 9, 2013, Medical Executive Committee (MEC) was provided information that respondent was seen removing medications, including propofol, from anesthesia carts. The MEC summarily suspended respondent?s staff privileges. 13. On or about April 10, 2013, the MEC lifted the suspension of respondent?s privileges and elected to have the Medical Staff Leadership further investigate the allegations against respondent. Respondent resigned his privileges at SGH during the pendency of that investigation. Fraudulent Emails 14. On or about July 9, 2012, respondent sent a false and fraudulent email from his employer email service to the employer of RB. under the fictitious name ?Jack Lew,? that falsely alleged R.B. had a police record and a history of altercations with the law. Respondent sent the email in order for his then girlfriend and soon to be eX-wife to gain an advantage in her divorce proceedings with RB. 15. On or about July 17, 2012, respondent sent a false and fraudulent email from an email service through the Delrey Apartment Homes in Irvine California to the employer of RB. and the State Bar of California under the ?ctitious name 'Kate' Saftine,? that falsely alleged that R.B. engaged in unethical legal and business practices and withheld money from a client. Respondent sent the email in order for his then girlfriend and soon to be ex-wife to gain an advantage in her divorce proceedings with R.B. SECOND CAUSE FOR DISCIPLINE (General Unprofessional Conduct) 16. Respondent has further subjected his Physician?s and Surgeon?s Certi?cate No. G86440 to disciplinary action under section sections 2227 and 2234, as defined by section 2234, of the Code, in that he has engaged in conduct which breaches the rules or ethical code of the medical profession, or conduct which is unbecoming to a member in good standing of the medical 4 ACCUSATION NO. 800-2013-000930 profession, and which demonstrates an unfitness to practice medicine, as more particularly alleged hereinafter: l7. Paragraphs 8 through 15 above, are hereby incorporated by reference and re?alleged as if fully set forth herein. PRAYER WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged, and that following the hearing, the Medical Board issue a decision: 1. Revoking or suspending Physician?s and Surgeon?s Certi?cate No. G86440, issued to respondent Adam F. Dorin, 2. Revoking, suspending or denying approval of respondent Adam F. Dorin, authority to supervise physician assistants, pursuant to section 3527 of the Code; 3. Ordering respondent Adam F. Dorin, M.D., if placed on probation, to pay the Board the costs of probation monitoring; and 4. Taking such other and further action as deemed necessary and proper. .- September 10, 2015 KIMBERLY Executive Dir tor Medical Board of California State of California Complainant ACCUSATION NO. 800-2013-000930