BEFORE THE DIVISION OF MEDICAL QUALITY MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA 16?95~46310 In the Matter of the Accusation Case No. Against: ABBAS H. DEMETRIOS, M.D., DEFAULT DECISION P. O. Box 1792 Lake Isabella, LA Physician?s and Surgeon?s 93240 Certificate No. Ce41495 Respondent. On or about May 30, 1995, the respondent was served with an Accusation in case No. 16?95?46310, a Statement to Respondent, Notice of Defense in blank, and copies of relevant sections of the California Administrative Procedure Act as required by sections 11503 and 11505 of the Government Code. Service was accomplished by certified mail directed to the last address of recordy for the respondent on file with the Medical Board of California (see Exhibit 1, attached hereto.) On or about July 24, 1995, respondent was again served with the same Accusation packet as described above at the same address of record. On or about July 31, 1995, respondent signed the return receipt for the Accusation packet (See Exh. 2, attached hereto). Respondent Abbas H. Demetrios, M.D. failed to file a Notice of Defense within the fifteen days allowed by section 11506 of the Government Code. As a result, the default of respondent was entered. Respondent has thereby waived his right 1. See Title 16 of the California Code of Regulations section 1303 which requires licensees to file a current mailing address with the Medical Board. _Ca1ifornia at 1430 Howe Avenue, to a hearing to contest the Accusation, and the Division of Medical Quality now proceeds without hearing to take action based declarations, upon the Accusation, and documentary evidence on file in accordance with Government Code sections 11505(a) and 11520. FINDINGS OF FACT The allegations of the Accusation, a true and correct copy of which is attached hereto as Exhibit 3 and incorporated by reference herein are found to be true. DETERMINATION OF ISSUES Pursuant to the foregoing findings of fact, respondent 'has committed acts constituting unprofessional conduct in violation of Business and Professions Code sections 2234 and 2305. DISCIPLINARY ORDER WHEREFORE, the following order is made: Physician?s and Surgeon?s certificate number C?4l495 issued to Abbas H. Demetrios, M.D. is revoked. Respondent shall not be deprived of making any further showing by way of mitigation. However, such showing must be made in writing to the Division of Medical Quality, Medical Board of Sacramento, California 95825? 2236, prior to the effective date of this decision. This decision shall be effective on Mayih 1996 DAIEH): April 3, 1996 MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS BY Viv/Wm Ira Lubell, M.D., Chair, Panel A 2. DANIEL E. LUNGREN, Attorney General of the State of California JANA L. TUTON Supervising Deputy Attorney General MARA FAUST Deputy Attorney General 1515 Street, Suite 511 P. O. Box 944255 Sacramento, California 94244?2550 Telephone: (916) 324?5358 Attorneys for Complainant BEFORE THE DIVISION OF MEDICAL QUALITY MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter of the Accusation NO. 16?94?46310 Against: ABBAS H. DEMETRIOS, M.D. ACCUSATION P. O. Box 1792 Lake Isabella, California 93240 California Physician?s and Surgeon?s Certificate NO. C41495 Respondent. Dixon Arnett, for causes for discipline, alleges: 1. Complainant Dixon Arnett makes and files this accusation in his official capacity as Executive Director of the Medical Board of California (hereinafter referred to as the "Board?). 2. On July 30, 1984, the Medical Board of California issued physician?s and surgeon's certificate number C41495 to Abbas H. Demetrios, M.D. The certificate will expire March 31, 1996, unless renewed. 3. Under Business and Professions Code section 2234, the Division of Medical Quality shall take action against any licensee who is charged with unprofessional conduct. Under Business and Professions Code section 2305, the revocation, suspension, or other discipline by another state of a license or certificate to practice medicine issued by the state shall constitute unprofessional conduct against such licensee in this state. Under Business and Professions Code section 118(b), the expiration of a license shall not deprive the Board of jurisdiction to proceed with a disciplinary action during the time within which the license may be renewed, restored, or reinstated. Under Business and Professions Code section 2428, a license which has expired may be renewed any time within five years after expiration. Under Business and Professions Code section 125.3, the Medical Board of California may request the administrative law judge to direct a licentiate found to have committed a violation or violations of the licensing act to pay a sum not to exceed the reasonable costs of the investigation and enforcement of the case. Respondent has subjected his physician and surgeon certificate to discipline under Business and Professions Code section 2305 on the grounds of unprofessional conduct in that on December 6, 1993, the State of Georgia, Board of Medical Examiners ordered the summary suspension of respondent?s license to practice medicine in that state. The suspension occurred after the Board received information that respondent had engaged in a pattern of inappropriate sexual conduct with several patients. On October 5, 1994, the State of Georgia, Board of Medical Examiners imposed discipline on respondent's license to practice medicine in that state by accepting the voluntary surrender of respondent's Georgia license. Respondent was convicted by a Georgia jury of rape, battery, aggravated sexual battery, simple battery, sexual battery, sexual assault by a practitioner of against a patient. All of the acts of sexual contact occurred at the medical office of the respondent. Respondent was sentenced to sixty?nine years in prison. Attached as Exhibit A and incorporated by reference is a true and correct copy of the Order of Summary Suspension, Acceptance of Voluntary Surrender of Medical License and related documents from the State of Georgia. WHEREFORE, complainant prays a hearing be had and that the Medical Board of California make its order: 1. Revoking or suspending physician and surgeon certificate number C41495, issued to Abbas H. Demetrios, M.D. 2. Prohibiting Abbas H. Demetrios, M.D. from supervising physician assistants. 3. Ordering Abbas H. Demetrios, M.D., to pay to the Medical Board of California its costs for investigation and enforcement according to proof at the hearing, pursuant to Business and Professions Code section 125.3. 4. Taking such other and further action as may be deemed proper and appropriate. DATED: 03573160- SA95AD0457 (SM 4/19/95) May 30. 1995 4W DIXON ARNETT Executive Director Medical Board of California Department of Consumer Affairs State of California Complainant EXHIBIT A r,:3 '1 u. Ir; 5:4 61993 BEFORE THE COMPOSITE STATE BOARD or MEDICAL EXAMINERS 67?, II, STATE OF GEORGIA IN THE MATTER OF: Docket No. ABBAS HALIM DEMETRIOS. M.D. License No. 020862 Respondent. ORDER OF SUMMARY SUSPENSION The Board has received reliable information that Respondent has recently engaged in a pattern of inappropriate sexual conduct with several patients, which conduct includes the following: 1. On or abont October 27, 1993, Respondent conducted a physical examination of patient Jane Doe. (Patient names excluded to protect the patient's confidentiality. Respondent has been provided with the patient names). During the course of that examination, Respondent touched this patient in an inappropriate sexual manner. 2. Respondent did not have a third person present when he conducted his physical examination of patient Jane Doe. 3. On or about Noyember 12, 1093, Respondent conducted a physical examination of patient Ann Doe. During the course of that examination, Respondent touched this patient in an inappropriate sexual manner. a} a? 4. Respondent did not have a third person present when he conducted his physical examination of patient Ann Doe. 5. On or about November 26, 1993, Respondent conducted a physical examination of patient Mary Doe. During the course of that examination, Respondent touched and kissed this patient in an inappropriate sexual manner. 6. Respondent did not have a third person present when he conducted his physical examination of patient Mary Doe. 7. On or about December 3, 1993, Respondent conducted a physical examination of patient Sarah Doe. During the course of that examination, Respondent touched and kissed this patient in an inappropriate sexual manner. 8. Respondent did not have a third person present when he conducted his physical examination of patient Sarah Doe. NOW THEREFORE, based upon Respondent's repeated pattern of inappropriate sexual conduct with his patients, the Board finds that the public health safety and welfare imperatively requires emergency action, and it is hereby ORDERED that Respondent's license to practice medicine in the State of Georgia shall be SUSPENDED, pending proceedings for revocation or other action which shall be instituted and determined. -2- a It is further ORDERED that: A Notice of Hearing shall be contemporaneously issued with this Order and served upon Respondent; the matter shall be assigned to a hearing officer and scheduled for hearing. The Respondent shall undergo a complete mental/physical examination, by physician(s) acceptable to the Board, within seven (7) days from the date of service of this Order, or provide a release for the results of a substantially equivalent evaluation conducted no more than thirty (30) days prior to the date of service, pursuant to the terms of the Pre-Hearing Order for Mental/Physical Examination which has been served on Respondent contemporaneously with this Order. This Order is signed and attested by the Joint Secretary of the State Examining Boards on behalf of the Composite State Board of Medical Examiners. This 6th day of December, 1993. COMPOSITE STATE BOARD OF MEDICAL EXAMINERS (BOARD SEAL) F. JAMES FUNK, JR., M.D. President WILLIAM G. MILLER, JR. 7 Joint Secretary - State Examining Boards 65"? . BEFORE THE COMPOSITE STATE BOARD OF MEDICAL Dijvgio STATE OF GEORGIA IN THE MATTER OF: DOCKET NO. ABBAS HALIM DEMETRIOS, M.D. License No. 020862, ?i??ll Respondent. EXAMINATION TO: Abbas Halim Demetrios, M.D. 105 Sonnet Drive Cumming, Georgia 30130 Pursuant to O.C.G.A. you are hereby required to submit to a 72?hour inpatient mental/physical examination by a facility or physician(s) acceptable to the Board, within seven (7) days from the date of service of this Order, or provide a release for the results of a substantially equivalent evaluatiOn conducted no more than thirty (30) days prior to the date of service, for the purpose of determining whether you have become unable to practice medicine with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type Of material, or as a result Of any mental or physical condition. This evaluation shall include a complete physical and mental assessment for possible sexual impulse control disorder and chemical dependency. You are further required to execute the attached Consent to Release of Medical Records, or w- to execute such release as the institution or practitioner may require to release the records of the examination to the Board. This examination is ordered upon reasonable grounds by the Composite State Board of Medical Examiners, pursuant to its authority under 0.C.G.A. Financial arrangements for the evaluation are your responsibility. Failure to comply with this Order, unless such failure is due to circumstances beyond your control, in which case such circumstances should be immediately reported to David L. Morgan, M.D., medical coordinator of the Board, by telephone at (404) 656?3915, and confirmed in writing, 166 Pryor Street, S.W., Atlanta, Georgia 30303, could result in further disciplinary proceedings to revoke, suspend or otherwise sanction your license to practice medicine in the State of Georgia. This Order is signed and attested by the Joint Secretary of the State Examining Boards on behalf of the Composite State Board of Medical Examiners, and shall be subject to the provisions of O.C.G.A. This 6th day of December, 1993. COMPOSITE STATE BOARD OF MEDICAL EXAMINERS F. JAMES FUNK, JR., n.0, President (Board Seal) . c; . 2% WILLIAM G. MILLER, JR. 5/ Joint Secretary State Examining Boards -2- N. VJ m2? CONSENT TO RELEASE RECORDS TO: (Fill in name of institution where evaluation was performed) I, Abbas Halim Demetrios, M.D., do hereby consent to and authorize the release of any and all records, including alcohol and drug treatment or records, concerning any examination performed pursuant to the terms of this Order, or any records of previous evaluations or examinations which may be necessary for a current assessment, to the medical coordinator of the Composite State Board of Medical Examiners, or a designee thereof. I understand that this disclosure is for use by the Composite State Board of Medical Examiners in its investigation concerning my fitness to practice medicine in the State of Georgia, pursuant to O.C.G.A. and that the information so gathered shall be governed by the provisions of O.C.G.A. 43?34?37(d) and and by any applicable federal law. I understand that this consent is subject to revocation at any time, except to the extent that action has been taken in reliance thereon, or as provided by federal law. ABBAS HALIM DEMETRIOS, M.D. Sworn to and subscribed before me this day of 1993. NOTARY PUBLIC My commission expires: My; a; ACCEPTABLE TO THE COHPOSITE STATE BOARD OF HEDICAL EXAMINERS FOR PERFORHING COMPREHENSIVE EVALUATIORS Pursuant to O.C.G.A. the Composite State Board of Medical Examiners has the authority to order you to submit to a comprehensive evaluation by a acceptable to the Board. Below you will find the names and addresses of several who the Board has approved to conduct such an evaluation. Gene Abel, M.D. 3280 Howell Mill Road, N.W. Ste. T-30, West Wing Atlanta, Georgia 30327 (404) 351?0116 Dave M. Davis, M.D. 1938 Peachtree Road, N.W., Ste. 505 Atlanta, Georgia 30309?1253 (404) 355?2914 William S. Davis, M.D. 308 Shorter Ave. Rome, Georgia 30165 (706) 234-6111 Bernard Holland, M.D. 450 East Paces Ferry Road, N.E. Atlanta, Georgia 30305 (404) 261-3550 Richard R. Irons, M.D. Anchor Hospital 5454 Yorktown Drive College Park, GA 30349 (404) 991-6044 Should you have any questions. you may contact David L. Morgan, M.D., Medical Coordinator for the Board, at (404) 656-3915. FILE COPY - PATIENT 7., - can. I [to i; 19,3 BEFORE THE COMPOSITE STATE BOARD OF MEDICAL EXAMINERS -. STATE OF GEORGIA 0: -3235 IN THE MATTER OF: DOCKET NO. ABBAS HALIM DEMETRIOS, M.D. License No. 020862 Respondent. TO: ABBAS HALIM DEMETRIOS, M.D. 105 Sonnet Drive Cumming, GA 30130 NOTICE OF HEARING You are hereby notified that the Composite State Board of Medical Examiners, through its appointed representative, will hold a hearing at the offices of the Board, 166 Pryor Street, S.W., Atlanta, Georgia 30303, at 10:00 o'clock, on Tuesday, December 21, 1993, for the purpose of hearing charges that, if proven, may result in suspension, revocation or other disciplinary action against your license to practice medicine in the State of Georgia. You are also notified of the follOwing matters: LEGAL AUTHORITY FOR HEARING This hearing will be held under the authority and jurisdiction conferred upon the Composite State Board of Medical Examiners by O.C.G.A. Chs. and 34, T. 43, as amended, O.C.G.A. 43-1-19 and in accordance with the Administrative Procedure Act, codified in 0.C.G.A. Ch{ 13, T. 50, as amended, the Rules and Regulations of the Composite State Board of Medical Examiners COPY PATIENT ms EXCLUDED and the Rules and Regulations of the Joint Secretary, State Examining Boards. QEFICEE Pursuant to the provisions of O.C.G.A. Ch. 13, T. 50, the Composite State Board of Medical Examiners hereby appoints the hearing officer designated below as hearing officer for the above-styled matter. NAME WAYNE HOWELL ADDRESS: P. 0. BOX 127 FAYETTEVILLE, GA 30214-0127 TELEPHONE: (404) 401? 87 The hearing officer shall have the authority to exercise those powers on behalf of the Board enumerated in O.C.G.A. or elsewhere in the Georgia Administrative Procedure Act or the rules of the Joint Secretary, as adopted by the Board, in conducting the hearing. IH PEP You have the following rights in connection with this hearing: (1) To respond and to present evidence on any relevant issue; (2) To be represented by counsel at your expense; (3) To subpoena witnesses and documentary evidence through the Board by filing a request with the Joint Secretary; and war FILE COPY - PATIENT (4) Such other rights as are conferred by the Rules and Regulations of the Board and the Rules and Regulations of the Joint Secretary, State Examining Boards. I IN ND A An Answer to this Notice of Hearing must be filed within fourteen (14) days after receipt or service of this Notice. The original and one duplicate of the Answer and any subsequent pleading or response, each designated as "Original" and "Duplicate" by appropriate marking or stamp, should be filed with the Docket Clerk of the Joint Secretary, 166 Pryor Street, Atlanta, Georgia 30303. An additibnal copy of the Answer and any subsequent pleading or response should also be sent to or served upon counsel for the Board, whose name and address appear on the last page of this Notice. STATUTES AND RULES INVOLVED Sanction of the Respondent's license is sought pursuant to the following provisions of O.C.G.A. 43-34-37: The board shall have authority to refuse to grant a license to an applicant or to discipline a physician licensed under this chapter or any antecedent law upon a finding by the board that the licensee or applicant has: (7) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice need not have resulted in actual injury to any person. As used in this paragraph, the term ?unprofessional "t was?: FILE com - PATIENT conduct? shall include any departure from, or failure to conform to, the minimal standards of acceptable and prevailing medical practice and shall also include, but not be limited to, the prescribing or use of drugs, treatment, or diagnostic procedures which are detrimental to the patient as determined by the minimal standards of acceptable and prevailing medical practice or by rule of the board; (10) Violated or attempted to violate a law, rule, or regulation of this state, any other state, the board, the United States, or any other lawful authority without regard to whether the violation is criminally punishable, which law, rule, or regulation relates to or in part regulates the practice of medicine, when the licensee or applicant knows or should know that such action is violative of such law, rule, or regulation: 0r violated a lawful order of the board, previously entered by the board in a disciplinary hearing: O.C.G.A. 43-1-19(a) provides that a state examining board shall have the authority to refuse to grant a license to an applicant therefor or to revoke the license of a person licensed by that board or to discipline a person licensed by that board, upon a finding by a majority of the entire board that the licensee or applicant has: (6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice materially affects the fitness of the licensee or applicant to practice a business or profession rm: COPY - mum mum QJCLUDBD licensed under this title, or of a nature likely to jeopardize the interest of the public, which conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of the licensed business or profesSion but shows that the licensee or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness; unprofessional conduct shall also include any departure from, or the failure to conform to, the minimal reasonable standards of acceptable and prevailing practice of the business or profession licensed under this title. 7 (8) violated a statute, law, or any rule or regulation of this state, any other state, the state examining board regulating the business or profession licensed under this title, the United States, or any other lawful authority (without regard to whether the violation is criminally punishable), which statute, law, or rule or regulation relates to or in part regulates the practice of a business or profession licensed under this title, when the licensee or applicant knows or should know that such action is violative of such statute, law, or rule; or violated a lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or license reinstatement. Pursuant to Rule the Board has the authority to refuse to grant a license to an applicant, or to discipline a physician licensed in Georgia, if that physician has engaged in unprofessional conduct. For the purpose of the implementation and enforcement of this rule, unprofessional conduct is defined as, but not limited to participating in or aiding the following: -5- PUBI. grins COPY - PATIENT Commission of any act of sexual intimacies, abuse, or misconduct or exploitation related to the licensee's practice of medicine. NV 1. Whether Respondent's acts of sexual intimacy with patients during the course of the doctor?patient relationship constitutes unprofessional conduct departing from or failing to conform to the minimal standards of acceptable and prevailing medical practice. 2. Whether Respondent's conduct of performing physical examinations on female patients without the presence of a third party constitutes unprofessional conduct departing from or failing to conform to the minimal standards of acceptable and prevailing medical practice. MATTERS ASSERTED I l. The Respondent holds a license to practice medicine in the State of Georgia and was so licensed at all times relevant to the matters asserted herein. 2. On or about October 27, 1993, Respondent conducted a physical examination of patient Jane Doe. (Patient names excluded from the public file copy to protect the patient?s PUBL JFILE com - PATIENT mum gxcwosn confidentiality. Respondent has been provided with a confidential file copy which includes the patient names). During the course of that examination, Respondent touched this patient in an inappropriate sexual manner. 3. Respondent did not have a third person present when he conducted his physical examination of patient Jane Doe. 4. On or about November 12, 1993, Respondent conducted a physical examination of patient Ann Doe. During the course of that examination, Respondent touched this patient in an inappropriate sexual manner. 5. Respondent did not have a third person present when he conducted his physical examination of patient Ann Doe. 6. On or about November 26, 1993, Respondent conducted a physical examination of patient Mary Doe. During the course of that examination, Respondent touched and kissed this patient in an inappropriate sexual manner. 7. Respondent did not have a third person present when he conducted his physical examination of patient Mary Doe. 8. On or about December 3, 1993, Respondent conducted a physical examination of patient Sarah Doe. During the course of that Pom. ?Erna: com - mum examination, Respondent touched and kissed this patient in an inappropriate sexual manner. 9. Respondent did not have a third person present when he conducted his physical examination of patient Sarah Doe. The foregoing, if correct, constitutes sufficient grounds for the imposition of sanctions, including revocation, upon the Respondent's license to practice medicine in the State of Georgia, under O.C.G.A. 43-34-37(a) and/or This Notice of Hearing is signed and attested by the Joint Secretary of the State Examining Boards, on behalf of the Composite State Board of Medical Examiners. This 6th day of December, 1993. COMPOSITE STATE BOARD OF MEDICAL EXAMINERS F. JAMES FUNK, JR., M.D. President (BOARD SEAL) WILLIAM G. MILLER, Joint Secretary State Examining Boards Counsel: JENNIFER D. ROORBACH Staff Attorney 40 Capitol Square, s.w. Atlanta, Georgia 30334 Telephone: (404) 656?3346 .J . my" Q5289 BEFORE THE COMPOSITE STATE BOARD OF MEDICAL EXAMINERS STATE OF GEORGIA IN THE MATTER OF: ABBAS HALIH DEMETRIOS, H.D. 5 Docket No. 93-680 i License No. 020862, Respondent. ACCEPTANCE OF VOLUNTARY SURRENDER OF LICENSE i: The Petition for Voluntary Surrender of License by Abbas Halim License No. 020862, is hereby accepted by the Composite State Board of Medical Examiners. f. This 5th day of October, 1994. COMPOSITE STATE BOARD OF MEDICAL EXAMINERS ATTEST: Lamb (BOARD SEAL) WILLIAM G. JR. Joint Secretary State Examining Boards - MICHAEL R, HAUPTMAN Anornoy Luv 34 Patent!? Sir-a1. Suite 2200 Atlanta. 30303 (404) 525-4110 BEFORE THE COMPOSITE STATE BOARD OF MEDICAL EXAMINERS STATE OF GEORGIA IN THE MATTER OF: ABBAS HALIM DEHETRIOS, H.D. Docket No. 93?680 License No. 020862, Respondent. PETITION FOR VOLUNTARY SURRENDER OF LICENSE Comes now Abbas Halim Demetrios, M.D., the Respondent in the above-styled action, by and through his undersigned counsel, and for his Petition for Voluntary Surrender of License, moves the Composite State Board of Medical Examiners, as follows: STATEMENT OF FACTS 1. That Respondent is the holder of license number 020862 to practice medicine in the State of Georgia. 2. That Respondent was indicted in the Superior Court of County, Georgia, indictment number 94-7149, for three counts of sexual assault by a practitioner of against a patient, in violation of O.C.G.A. (counts 1, 15 and 19 of the indictment); for eight counts of rape, in violation of O.C.G.A. 16?6?1 (counts the indictment): one count of simple battery, in violation of O.C.G.A. 16?5?23 (count 2 of the indictment): two counts of aggravated sodomy, in violation of O.C.G.A. 16?6?2 (counts 12 and 13 of the indictment); three counts of aggravated sexual MICHAEL HAUPTMAN Ahorncy 1! Law 34 Strut, w, Sun. 2200 Ail-nu. Georgia 30303 (404: 525-4110 7 Vi} is (r battery, in violation of O.C.G.A. 16-6-2.2 (counts 5, 16, and 18 of the indictment); one count of aggravated assault with a deadly weapon, in violation of O.C.G.A. 16-5-21 (count 14 of the indictment); and four counts of sexual battery, in violation of O.C.G.A. 16-6-2.2 (counts 17, 20, 21, and 22 of the indictment). 3. That all of the counts in the indictment allegedly occurred in the Respondent?s medical office, in the St. Meena Medical Center in Cumming, Georgia. Furthermore, all of the victims alleged in the indictment were persons who were present in the Respondent?s office for actual or purported medical conditions; and requested medical treatment from the Respondent. 4. That the Respondent entered a plea of not guilty to each and every count, and allegation contained in the indictment. 5. That the Respondent was afforded a trial by jury in the criminal indictment and that on September 22, 1994, the jury returned its verdict in the Respondent?s criminal trial. 6. That the Respondent was found guilty of rape in counts 3 and 6 of the indictment: guilty of simple battery in count 2 of the indictment; guilty of aggravated sexual battery in count 5 of the indictment; guilty of the lesser included offense of simple battery in counts 1, 12, 13, 15, and 21; guilty of the lesser included offense of sexual battery in counts 4 and 18 of the ii MICHAEL R. HAUPTMAN Auornoy Luv 34 Poser-mu Strut, W, Suiio 2200 Atlanta, Georgia 30303 (404) 525-4110 i i indictment; guilty of sexual assault by a practitioner of against a patient in count 19 of the indictment; guilty of sexual battery in counts 17, 20 and 22 of the indictment: 14 and 16 and not guilty in counts 7, 8, 9, 10, ll, of the indictment. 7. That notwithstanding the Respondent?s convictions on the four felony counts and the eleven misdemeanor accounts, the Respondent maintains that he is innocent of all the allegations contained in the indictment. That the Respondent intends to appeal his convictions. ARGUMENT AND CITATION OF LAW 8. O.C.G.A. 43?34?37(a) gives this Board the authority to discipline a physician licensed under this chapter or any antecedent law, upon a finding by the Board that the licensee has committed an act prohibited in O.C.G.A. Pursuant to O.C.G.A. the Board is authorized to discipline a licensee that has been convicted of a felony in the courts of this state or any other state, territory, country, or of the United States. Pursuant to O.C.G.A. the Board is authorized to discipline a licensee that has committed a crime involving moral turpitude, without regard to conviction. O.C.G.A. further provides that the conviction of a crime MICHAEL R. HAUPTMAN Anornoy at Law 34 Puchtru Shoot Suite 2200 Ali-nu. Georgia 30303 (404) 5254110 . . up . involving moral turpitude shall be evidence of the commission of such crime. 9. O.C.G.A. provides that when the Board finds that any person should be disciplined pursuant to subsection of this Code section, the Board may revoke any license. Respondent readily acknowledges that the conviction of a felony or a crime of moral turpitude is a common reason for revocation of professional licenses; and that his convictions in the Superior Court of County, Georgia, are sufficient grounds to revoke his license to practice medicine. 10. That O.C.G.A. 43-34-37 provides that it was "enacted in the public welfare and shall be liberally construed." The Respondent further recognizes that his right to practice medicine is conditional and subordinate to state?s power and duty to safeguard public health, and it is the universal rule that in performance of such duty and in exercise of such power, the state may regulate and control the practice of medicine and those who engage therein, subject only to limitation that measures adopted must be reasonable, necessary, and appropriate to accomplish legislature?s valid objective of protecting health and welfare of its inhabitants. Geiger v. Jenkins, 316 F. Supp. 370 (N.D. Ga. 1970), aff?d, 401 U.S. 985Ct. 1236, (1971). Respondent acknowledges that it would not be in the best iv MICHAEL HAUPTMAN Attorney .1 34 Puchuu Strut. Suilo 2200 Atlanta. 30303 (404) 525-4110 interest of the public welfare to allow a physician, who has been convicted of sexual assaulting his patients, to maintain his license to practice medicine. 11. That O.C.G.A. provides that the Board, in its discretion, may restore and reissue a license to practice medicine issued under this chapter or any antecedent law and, as a condition thereof, may impose any disciplinary or corrective measure provided in this chapter. PRAYERS FOR RELIEF 12. That the Composite State Board of Medical Examiners for the State of Georgia allow the Respondent to voluntarily surrender his license to practice medicine in the State of Georgia, subject to the pending termination of the direct appeal of his convictions in the Superior Court of County, Georgia. That in the event Respondent's convictions are affirmed on direct appeal the Respondent?s license to practice medicine shall remain revoked. That in the event Respondent?s convictions are reversed on appeal, Respondent shall be entitled to a hearing before the Board to resolve the matters asserted and issues alleged in the Notice of Hearing and to determine whether Respondent's license should be reinstated and, if so, under what conditions. MICHAEL HAUPTMAN Anon-my Luv 3? Poncmtu Street, Sum 2200 Atlanta Georgia 30303 525-4110 13. Accordingly, pursuant to the terms set forth in paragraph 12 hereof, Respondent, hereby freely, knowingly and voluntarily surrenders his license to practice medicine in the State of Georgia to the Composite State Board of Medical Examiners. Respondent acknowledges that this surrender shall have the same effect as revocation his license, and Respondent knowingly forfeits and relinquishes all right, title and privilege of practicing medicine in the State of Georgia, unless and until such time as his license may be reinstated, in the discretion of the Board. 14. Respondent understands that he has a right to a hearing in this matter, and he hereby freely, knowingly and voluntarily waives such right. Respondent also understands that should any request for reinstatement be entertained by the Board, the Board shall have access to the entire investigative file in this matter. 15. Respondent further understands that upon applying for reinstatement, it shall be incumbent upon him to demonstrate to the satisfaction of the Board that he is able to practice medicine with reasonable skill and safety to patients and that if the Board is not so satisfied, the Board shall not reinstate his license. vi 16. Respondent understands that this surrender shall become effective immediately upon acceptance thereof by the Composite State Board of Medical Examiners and docketing by the Joint Secretary, State Examining Boards. Respondent understands that this document will be considered a public record entered as the final disposition of disciplinary proceedings presently pending against him, and that this action shall be considered to be and may be disseminated as a final order of the Board. ABBXS DEMETRIOS, M.D. Respondent Sworn to and Subscribed before me is 30 . ?757r3 WAR 1 [Michael R. Hauptma?r Attorney for Respondent Georgia Bar Number 338150 MICHAEL HAUPTMAN V1 1 Attorney Luv 34 Pucmru Sweet. NW Suilo 2200 Atlmu. Goorgm 30303 (404) 525-4110 I . MICHAEL R. HAUPTMAN Anomoy It Luv 34 Puchlm Strut. NW. Sum 2200 Mint. Goorgil $303 (404) 525-4110 License No. Respondent. Comes now Abbas Halim Demetrios, H.D., the Respondent in the above?styled action, by and through his undersigned counsel, and for his Petition for Voluntary Surrender of License, moves the Composite 1. That Respondent is the holder of license number 020862 to practice medicine in the State of Georgia. 2. That Respondent was indicted in the Superior Court of County, Georgia, indictment number 94-7149, for three counts of against a 15 and 19 violation 11 of the of O.C.G.A. 5 16?5-23 (count 2 of the indictment); two counts aggravated sodomy, in violation of 0.C.G.A. 12 1 the indictment); three counts of aggia$htea sexual a; OFHCE C-f?t Secretary . i? Examining 303A OCT 0 6 1994 Docket No. DoagN??ibi 020862, UUVU PETITION FOR EOLUNTARY SURRENDER OF LICENSE State Board of Medical Examiners, as follows: STATEMENT OF FACTS sexual assault by a practitioner of patient, in violation of 0.C.G.A. (counts 1, of the indictment); for eight counts of rape, in of O.C.G.A. 16*6-1 (counts 3, 4, 6, 7, 8, 9, 10, and indictment); one count of simple battery, in violation ei? a a battery, in violation of 0.C.G.A. 16-6-2.2 ?gpunts 5, 16, and T: i; fjf?ft with a ml 18 of the indictment); one count of aggravatedf 3; Fi? ideadly weapon: in violation of 0.C.G.A. ls-g??f? the indictment): and four counts of sexual battery, in violation of 0.C.G.A. 16-6-2.2 (counts 17, 20, 21, and 22 of the indictment). a 3. That all of the counts in the indictment allegedly i occurred in the Respondent's medical office, in the St. Meena 5 Medical Center in Cumming, Georgia. Furthermore, all of the victims alleged in the indictment were persons who were present 3 in the Respondent's office for actual or purported medical Iiconditions; and requested medical treatment from the Respondent. 4. That the Respondent entered a plea of not guilty to each and every count, and allegation contained in the indictment. 5. That the Respondent was afforded a trial by jury in the criminal indictment and that on September 22, 1994, the jury returned its verdict in the Respondent?s criminal trial. 6. That the Respondent was found guilty of rape in counts 3 and 6 of the indictment; guilty of simple battery in count 2 of the indictment; guilty of aggravated sexual battery in count 5 of the indictment; guilty of the lesser included offense of simple battery in counts 1, 12, 13, 15, and 21; guilty of the lesser . ?3 . .gj? included offense of sexual battery in counts Avand 18 of the -eeanurw+, . Lt: 7:32; MICHAEL R. HAUFTMAN i i Attorney at Law 34 Puchtm Strut. NW. Suite 2200 Ari-nu. Georle 30303 (404) 5254110 .- h: La. MICHAEL R. HAUPTMAN Attorney 0! Law 34 Puncture. Strut. NW. Suite 2200 Atlanta. Georgia 30303 (404) 525-4110 indictment; and not guilty in counts the indictment. 7. That notwithstanding the Respondent's convictions on the 3 four felony counts and the eleven misdemeanor accounts, the Respondent maintains that he is innocent of all the allegations contained in the indictment. That the Respondent intends to A appeal his convictions. ARGUMENT AND CITATION OF LAW 8. O.C.G.A. gives this Board the authority to discipline a physician licensed under this chapter or any - antecedent law, upon a finding by the Board that the licensee has 3 committed an act prohibited in 0.C.G.A. Pursuant to 0.C.G.A. the Board is authorized to discipline a licensee that has been convicted of a 5 felony in the courts of this state or any other state, territory, 9 country, or of the United States. Pursuant to 0.C.G.A. the Board is. authorized to discipline a licensee that has committed a crime involving moral turpitude, without regard to conviction. 0.C.G.A. 4: MICHAEL R. HAUPTMAN Attorney at LII :4 Strut. MW. Sum 2200 Atlanta. Georgia 30303 (404) 525-41 10 . such crime. ., e" ?a 4? xi" infra 9. 0.C.G.A. provide?ituhen the 'Roard finds that any person should be disciplined pursuant to subsection of this Code section, the Board may revoke any license. Respondent readily acknowledges that the conviction of a felony or a crime of moral turpitude is a common reason for a revocation of professional licenses: and that his convictions in the Superior Court of County, Georgia, are sufficient grounds to revoke his license to practice medicine. 10. That O.C.G.A. 43-34?37 provides that it was "enacted in the public welfare and shall be liberally construed." The Respondent further recognizes that his right to practice medicine is conditional and subordinate to state?s power and duty to safeguard public health, and it is the universal rule that in performance of such duty and in exercise of such power, the state may regulate and control the practice of medicine and those who engage therein, subject only to limitation that measures adopted must be reasonable, necessary, and appropriate to accomplish legislature's valid objective of protecting health and welfare of its inhabitants. Geiger v. Jenkins, 316 F. Supp. 370 (N.D. Ga. 1970), aff'd, 401 U.S. 28 L. Ed. 2d 525 985, 91 S. Ct. 1236, (1971). Respondent acknowledges that it would not be in the best .u 1V ??ang? I. interest of the public welfare to allow a physician, who has been v. shrin? .. . ?lapin his or 3 convicted ?f Sexual assaulting his patients. ?_license to practice medicine. 11. That O.C.G.A. 43-34-37(c) provides that the Board, in its discretion, may restore and reissue a license to practice ?medicine issued under this chapter or any antecedent law and, as a condition thereof, may impose any disciplinary or corrective measure provided in this chapter. PRAYERS FOR RELIEF 12. That the Composite State Board of Medical Examiners for the State of Georgia allow the Respondent to voluntarily surrender his license to practice medicine in the State of Georgia, subject to the pending termination of the direct appeal 7 of his convictions in the Superior Court of County, Georgia. That in the event Respondent's convictions are affirmed on direct appeal the Respondent's license to practice medicine shall remain revoked. That in the event Respondent's convictions . are reversed on appeal, Respondent shall be entitled to a hearing before the Board to resolve the matters asserted and issues alleged in the Notice of Hearing and to determine whether Respondent's license should be reinstated and, if so, under what conditions. g4~L. A MICHAEL R. mum Anomy I1 Law 34 Poachtru Street. NW. 3qu 2200 Atlanta. Georgia 30303 525-4110 jar" '5 MICHAEL R. HAUPTMAN Anon-boy II Law 34 Poachtm Strut. NM. Sum 2200 Atlanta. 690ml: 30303 (404) 525-4110 In. 4 13. Accordingly, pursuant to the terms set ?paragraph 12 hereof, Respondent, hereby free?g?igf ~n A 'rr' an.? State of Georgia to the Composite State Board omeedical .WBxaminers. Respondent acknowledges that this surrender shall have the same effect as revocation his license, and Respondent knowingly forfeits and relinquishes all right, title and privilege of practicing medicine in the State of Georgia, unless and until such time as his license may be reinstated, in the discretion of the Board. 14. Respondent understands that he has a right to a hearing in this matter, and he hereby freely, knowingly and voluntarily i waives such right. Respondent also understands that should any 1 request for reinstatement be entertained by the Board, the Board shall have access to the entire investigative file in this matter. 15. Respondent further understands that upon applying for reinstatement, it shall be incumbent upon him to demonstrate to the satisfaction of the Board that he is able to practice medicine with reasonable skill and safety to patients and that if the Board is not so satisfied, the Board shall not reinstate his license. aim . ii: 3?55 ?$359. 91"? was? i an :15" - 3" . a 35.fo' 1? mi?: . . ?l-I . 1; .. . essay" final disposition of disciplinary proceedings presently pending against him, and that this action shall be considered to be and may be disseminated as a final order of the Board. I . i 5 AB DEHETRIOS, M.D. Respondent cian 772W 4?2313!? -- ii Afichael . ?auptm Attorney for Respondent Georgia Bar Number 338150 'hisMICHAEL R. HAUPTMAN vi 1 Attomoy I1 Lu: 3? Puchtm MW. son. 2200 Atlanta. Gawain 30303 (404) 525-4110