BEFORE THE DIVISION OF MEDICAL QUALITY MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter of the Accusation Against: HAROLD H. BLOOMFIELD, M.D. File No. 10-2001-128724 Physician's and Snrgeon's Certi?cate o. G18886 Respondent. DECISION The attached Stipulated Surrender of License and Order is hereby adopted as the Decision and Order of the Division of Medical Quality of the Medical Board of California, Department of Consumer Affairs, State of California. This Decision shall become effective at 5:00 p.m. on Max; 28 2002 IT IS SO ORDERED May 20, 2002 MEDICAL BOARD OF CALIFORNIA By: Hazem H. C'hehabi, M.D., Chair Panel A Division of Medical Quality 1? Sent by: DEPT OF JUSTICE [Cetti?cateNo. G13886 04l11/02 11:43; JeIEsL#237;Page 3/9 619 845 2061; BILL LOCKYER, Attorney General of the State of California STEVEN I-I. ZEIGEN. State Bar No. 60225 Deputy Attomey General California Department of Justice 1 10 West Street, Suite 1100 San Diego, CA 92101 PLO. BOX 85266 San Diego, CA 92186-5266 Telephone: (619) 6454074 Facsimile: (619) 645?2061 Attorneys for Complainant BEFORE THE DIVISION OF MEDICAL QUALITY MEDICAL BOARD OF CALIFORNIA DEPARTNENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter of the Accusation Against: Case No. 10-2001-128724 HAROLD H. BLOOMFIELD, MD. OAH No. 110 Luneta Drive Del Mar, California 92014 STLPULATED SURRENDER OF LICENSE AND ORDER Physician?s and Surgeon?s Re5pondent. IT IS HEREBY STIPULATED AND AGREED by and between the parties in this proceeding that the following matters are true: I. Ran Joseph (Complainant) is the Executive Director of the Medical Board of California. He brought this action solely in his of?cial capacity and is represented in this matter by Bill Lockyer, Attorney General of the State of California, by Steven H. Zeigen, Deputy Attorney General. 2. Harold H. Bloom?eld, MD. (Respondent) is represented in this proceeding by attorney Cary W. Miller, whose address is 660 W. Broadway, San Diego, California 92101. fl! Sent by: DEPT OF JUSTICE home-JONM-Il-umw 0-?0 r?t a?I a-?I w?a 50 DJ to 23 619 645 2061; 04/11/02 11:44; 4/9 3. On or about August 3, 1970, the Medical Board of California issued Physician?s and Surgeon?s Certi?cate No. 018886 to Respondent Harold H. BIoom?eld. Said certi?cate has been on an Interim Suspension Order per Penal Code section 23, when Superior Caurt Judge William Draper ordered respondent to cease practicing medicine, pending the resolution of criminal charges brought against him in an information ?led by the District Attorney of San Diego County. 4. Aceusation No. 10-2001-128724 was ?led before the Division of Medical Quality (Division) for the Medical Board of California, Department of Consumer Affairs, and is ctu?rently pending against Respondent. The Accusation and all other statuto?ly required documents were properly served on Re5pondent on March 19, 2002. Having been ordered by the court nor to practice medicine, it was agreed between caunsel for Complainant and for Respondent there was no need to ?le a Notice of Defense contesting the Accusation. A copy of Acousation No. 10-2001-128724 is attached as exhibit A and incorporated herein by reference. On January 23, 2002, respondent pled guilty to violating Health and Safety Code section 11 154 as alleged in counts three and ?ve of the information ?led against respondent by the District Attomey of San Diego County. 011 March 22, 2002, the Superior Court sentenced respondent to, among other things, ?ve years probation during which he was precluded from practicing medicine. ADWSEMENT AND WAIVERS 5. Reapondent has carefully read, fully discussed with counsel, and understands the charges and allegations in Accusation No. 10-2001-123724. also has carefully read, fully discussed with ecunsel, and understands the effects of this Stipulated Surrender of License and Order. 6. Respondent is fully aware of his legal rights in this matter, including the right to a hearing on the charges and allegations in the Accusation; the right to be represented by counsel, at his own expense; the right to confront and cross-examine the witnesses against him; the right to present evidence and to testify on his own behalf; the right to the issuance of 2 Sent by: DEPT OF JUSTICE i?In?Io?lr?ni?At?Ib?Ip?Lo?n l9 04111102 11:44; 5/9 619 645 2061; subpoenas to compel the attorrdance of witnesses and the production of documents; the right to reconsideration and court review of an adverse decision; and all other rights accorded by the California Administrative Procedure Act and other applicable laws. 7. Respondent voluntarily, knowingly, and intelligently waives and gives up each and every right set forth above. CULPABLLITY 8. Respondent understands that the charges and allegations in the Accusation, if proven at a hearing, coastitutc cause for imposing discipline upon his Physician?s and Surgeon?s certi?cate. For purposes of resolving the outstanding Accusation respondent admits that on January 23, 2002, he plead guilty to two felony counts of ?rmishing a controlled substance, Ecstasy, in violation of Health and Safety Code Section 11154. He ?nther admits that on March 22, 2002, he was sentenced by the trial court to ?ve years probation, on conditions which included his not practicing medicine for ?ve years. 9. Reapondent understands that by signing this stipulation he enables the Division to issue its order accepting the surrender of his Physician?s and Surgeon?s Certi?cate without further process. 10. Upon acceptance of the stipulation by the Division, Respondent understands that he will no longer be permitted to practice as a physician and surgeon in California, and also agrees to surrender and cause to be delivered to the Division both his Physician?s and Surgeon?s certi?cate and wallet certi?cate before the effective date of the decision. SQQE?llhh?i??g?t 1. This stipulation shall be subject to approval by the Division of Medical Quality. Respondent understands and agrees that counsel for Complainant and sta? of the Medical Board of California may communicate directly with the Division regarding this stipulation and settlement, without notice to or participation by Respondent Or his counsel. By signing the stipulation, Keepondent understands and agrees that he may not withdraw his agreement 0r sock to rescind the stipulation prior to the time the Division considers and acts Sent by: DEPT OF JUSTICE i?II?ti?Iu?av?Io?hI?AI?Ir?l 19 JW#237;Page BIS 619 845 2061; 04/11102 11:45; upon it. If the Division fails to adopt this stipulation as its Decision and Order, the Stipulated Surrender of License and Order shall be of no force or effect, except for this paragraph, it shall be inadmissible in any legal action between the parties, and the Division shall not be disquali?ed from ?nther action by having considered this matter. 12. The parties understand and agree that facsimile Or other copies of this Stipulated Surrender of License and Order, including the signatures thereto, shall have the same force and effect as the originals. 13. In consideration of the feregoing admissions and stipulations, the parties agree that the Division may, without further notice or formal proceeding, issue and enter the following Order: ems IT IS HEREBY ORDERED that Physician?s and Surgeon?s Certi?cate No. 018886, issued to Respondent Harold H. Bloom?eld is surrendered and accepted by the Division of Medical Quality. 14. The surrender of Respondent's Physician?s and Surgeon?s Certi?cate No. 618886 and the acceptance of the surrendered license by the Divisioxi shall constitute the imposition of discipline against Respondent. This stipulation constitutes a recOrd of the discipline and shall become a part of Respondent's license history with the Division. 15. Respondent shall lose all rights and privileges as a Physician and Surgeon in California as of the effective date of the Division's Decision and Order. 16. Respondent shall cause to be delivered to the Division both his Physician?s and Surgeon?s Certi?cate and wallet certi?cate on or before the effective date of the Decision and Order. Respondent fully understands and agrees that if he ever ?les an application for licensure er a petition for reinstatement in the State of California, the Division Shall treat it as a petition for reinstatement. Respondent must comply with all the laws, regulations and procedures for reinstatement of a revoked license in effect at the time the petition is ?led, and all of the charges and allegations contained in Accusation, No. 10-2001-128724 shall be deemed to 4 Sent by: DEPT OF JUSTICE soocqmme-wm? 11:45; 7/9 619 645 2061; be true, correct, and admitted by Respondent when the licensing agency determines whether to grant or deny the patition. ACCEPTANCE I have carefully read the above Stipulated Surrender of License and Order and have ?Jlly discussed it with my attorney, Gary W. Miller. I understand the Stipulation and the effect it will have on my Physician?s and Surgeon?s Certi?cate. I enter into this Stipulated Surrender of License and Order voluntarily, knowingly, and intelligently, and agree to be 'bound by the Decision and Order of the Division of Medical Quality, Medical Board of California. DATED: HAROLD H. BLOOMFIELD Respondent I have read and fully discussed with Respondent Harold H. Bloom?eld the terms and conditions and other matters contained in this Stipulated Surrender of License and Order. I approve its form and content. DATED: 14424402 W. DIE-ZR Attorney for espondent Sent by: DEPT OF JUSTICE 619 645 2061; 04111/02 11:45; 8/9 EEDDRSEMENT The foregoing Stipulated Surrender of License and Order is hereby respectfully submitth for consideration by the Division of Medical Quality, Medical Board of California of the Department of onsumer Affairs. DATED: :5 BILL LOCKYER, Attorney General of the State of California Attorneys f0: Camplainant D01 Quake! Number: 022] Stipulation for surrender Ill/12101 EXHIBIT Hut-U STATE OF CALIFORNIA BILL LOCKYER, Attorney General of the State of California STEVEN H. ZEIGEN, State Bar No. 60225 Deputy Attorney General California Department of Justice 110 West Street, Suite 1100 San Diego, CA 92101 PO. Box 85266 . San Diego, CA 92186-5266 Telephone: (619) 645-2074 Facsimile: (619) 645-2061 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 Against: Case No. 10-2001-128724 HAROLD H. BLOOMFIELD, MD. 1110 Luneta Drive Del Mar, California 92014 A A I Physician?s and Surgeon?s Certi?cate No. G18886 Respondent. Complainant alleges: PARTIES 1. Ron Joseph (Complainant) brings this Accusation solely in his of?cial capacity as the Executive Director of the Medical Board of California, Department of Consumer Affairs. 2. On or about August 3, 1970, the Medical Board of California issued Physician?s and Surgeon's Certi?cate No. 18886 to Harold H. Bloom?eld, 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 October 31, 2002, unless renewed. 1 JURISDICTION 2 3. This Accusation is brought before the Division of Medical Quality, 3 Medical Board of California (Division), under the authority of the following sections of the 4 Business and Professions Code (Code). 5 4. Section 2227 of the Code provides that a licensee who is found guilty 6 under the Medical Practice Act may have his or her license revoked, suspended for a period not 7 to exceed one year, placed on probation and required to pay the costs of probation monitoring, or 8 Such other action taken in relation to discipline as the Division deems proper. 9 5. Section 2234 of the Code states: 10 "The Division of Medical Quality shall take action against any licensee who is charged with unprofessional conduct. In addition to other 11 provisions of this article, unprofessional conduct includes, but is not limited to, the following: 12 I Violating or attempting to violate, directly or indirectly, or 13 assisting in or abetting the violation of, or conspiring to violate, any provision of this chapter [Chapter 5, the Medical Practice Act]. 14 15 Gross negligence. 16 Repeated negligent acts. 17 Incompetence. 18 The commission of any act involving dishonesty or corruption which is substantially related to the quali?cations, functions, or duties of a 19 physician and surgeon. 20 Any action or conduct which would have warranted the denial of a certi?cate." 2 1 22 6. Section 2236 of the Code states: 7 23 The district attorney, city attorney, or other prosecuting agency shall notify the Division of Medical Quality of the pendency of an 24 action against a licensee charging a felony or misdemeanor immediately upon obtaining information that the defendant is a licensee. The notice 25 shall identify the licensee and described the crimes charged and the facts alleged. The prosecuting agency shall also notify the clerk of the court in 26 which the action is pending that the defendant is a licensee, and the clerk shall record prominently in the ?le that the defendant holds a license as a 27 physician and surgeon. 28 The clerk of the court in which a licensee is convicted of a crime shall, within 48 hours after the conviction, transmit a certi?ed copy of the record of conviction to the board. The division may inquire into the circumstances surrounding the commission of a crime in order to ?x the degree of discipline or to determine if the conviction is of an offense substantially related to the quali?cations, functions, or duties of a physician and surgeon. A plea or verdict of guilty or a conviction after a plea of nolo contendere is deemed to be a conviction within the meaning of this section and Section 2236.1. The record of conviction shall be conclusive evidence - of the fact that the conviction occurred." 7. Section 2237 of the Code states: The conviction of a charge violating any federal statutes or regulations or any statute or regulation of this state, regulating dangerous drugs, or controlled substances, constitutes unprofessional conduct. The record of the conviction is conclusive evidence of such unprofessional conduct." 8. Section 2238 states that a violation of any federal statute or federal regulation or any of the statutes or regulations of this state regulating dangerous drugs or controlled substances constitutes unprofessional conduct. 9. Section 2239 of the Code states: The use or prescribing for or administering to himself or herself, of any controlled substancethe dangerous drugs speci?ed in Section 4022, or of alcoholic beverages, to the extent, or in such a manner as to be dangerous or injurious to the licensee, or to any other person or to the public, or to the extent that such use impairs the ability of the licensee to practice medicine safely or more than one misdemeanor or any felony involving the use, consumption, or self-administration of any of the substances referred to in this section, or any combination thereof, constitutes unprofessional conduct. The record of the conviction is conclusive evidence of such unprofessional conduct. A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this section. The Division of Medical Quality may order discipline of the licensee in accordance with Section 2227 or the Division of Licensing may order the denial of the license when the time for appeal has elapsed or the judgment of conviction has been af?rmed on appeal or when an order granting probation is made suspending imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, complaint, information, or indictment." part: 10. Section 726 of the Code states: "The commission of any act of sexual abuse, misconduct, or relations with a patient, client, or customer constitutes unprofessional conduct and grounds for disciplinary action for any person licensed under this division, under any initiative act referred to in this division and under Chapter 17 (commencing with Section 9000) of Division 3. "This section shall not apply to sexual contact between a physician and surgeon and his or her spouse or person in an equivalent domestic relationship when that physician and surgeon provides medical treatment, other than treatment, to his or her spouse or person in an equivalent domestic relationship." 11. Section 14124.12 of the Welfare and Institutions Code states, in pertinent Upon receipt of written notice from the Medical Board of California, the Osteopathic Medical Board of California, or the Board of Dental Examiners of California, that a licensee's license has been placed on probation as a result of a disciplinary action, the department may not reimburse any Medi-Cal claim for the type of surgical service or invasive procedure that gave rise to the probation, including any dental surgery or invasive procedure, that was performed by the licensee on or after the effective date of probation and until the termination of all probationary terms and conditions or until the probationary period has ended, whichever occurs ?rst. This section shall apply except in any case in which the relevant licensing board determines that compelling circumstances warrant the continued reimbursement during the probationary period of any Medi-Cal claim, including any claim for dental services, as so described. In such a case, the department shall continue to reimburse the licensee for all procedures, except for those invasive or surgical procedures for which the licensee was placed on probation. 12. Section 125.3 of the Code provides, in pertinent part, that the Board 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. FIRST CAUSE FOR DISCIPLINE (Conviction of a Crime) 13. Respondent Harold Bloom?eld, MD. is subject to disciplinary action under section 2236 of the Code in that he was convicted of a crime substantially related to the quali?cations, functions, or duties of a physician and surgeon. The circumstances are as follows: about January 23, 2002, the District Attorney of San Diego, in an amended six count complaint charged?respondent with ?ve felonies and one misdemeanor. Respondent was charged with two counts of giving another a drink poisoned with medicine in Violation of Penal Code section 347(a). I He was also charged with two counts of furnishing a controlled substance, Ecstasy, in the absence of any pathology in violation of Health and Safety Code section 11154(a). Respondent was charged with one count of furnishing controlled substances in violation of Health and Safety Code section 11379(a). Respondent was charged with one count of misdemeanor sexual battery in violation of Penal Code Section b. On or about January 23, 2002, respondent plead guilty to two counts of furnishing Ecstasy to another in violation of Health and Safety Code section 1 1 154(a). SECOND CAUSE FOR DISCIPLINE (Unprofessional Conduct-Gross Negligence, Repeated Acts of Negligence, Dishonest Acts) 14. Respondent is subject to disciplinary action under section 2234 of the Code in that respondent committed acts of general unprofessional conduct, gross negligence, repeated acts of negligence, and dishonesty during his treatment and contact with patients N.B., A.I., BE, and MC. The circumstances are as follows: Re: N.B. a. On or about July 26, 2001, NB. went to respondent?s home for a professional consultation regarding issues related to her pending divorce from her husband. b. Inside the residence, respondent suggested the counseling take place on a balcony located off the master bedroom. When N.B. got to that location, she saw two drinks were already there, one of which contained a yellow liquid. Respondent told her the yellow drink was for her. N.B drank it and noticed the drink was distasteful. When she asked respondent what was in the drink he told her lemonade. I c. Within a short period of time N.B. began to feel strange, and suspected she had been drugged by respondent. She felt a burning sensation in her chest and became increasingly uncomfortable. She told respondent she was feeling pain in the stitches from her recent breast augmentation surgery. Respondent suggested N.B. take off her blouse and bra so that he could examine her breasts. N.B. agreed and respondent performed the examination. d. During that time respondent?s phone rang and respondent went downstairs to answer it. N.B. took that opportunity to leave respondent?s residence, taking the glass of yellow liquid with her. She felt so drugged she tried to jump out of a moving vehicle. e. Later that same day, N.B. was taken to U.C.S.D. Medical Center where her urine tested positive for amphetamines, barbiturates, and opiates. f. The glass containing the yellow liquid was sent to the San Diego Sheriffs crime laboratory for analysis. In the bottom of the glass was a white residue found to contain 3.34 grams of methamphetamine and methylenedioxymethamphetamine (Ecstasy). Re: A.I. g. On or about November 29, 2001, AL met respondent at his residence after being told by friends what a wonderful marriage therapist respondent was. h. During this meeting told respondent she was studying yoga and massage therapy. Respondent seemed interested and asked A.I if she would give him a yoga therapy session. Al. agreed. A.I. changed into a pair of sweat pants and went upstairs with respondent. Respondent changed into a white night shirt, and began telling I A.I about his trip to India where he met a saint who had given him powers. Respondent then offered to give A.I. an "energy transfer treatment," and A.I. agreed. j. Respondent went downstairs for about 10 minutes and returned to the bedroom with a green, smoothie type drink. Respondent told A.I. to close her eyes and drink the drink because it would help keep her body stabilized. A.I. drank the liquid and saw, at the bottom, that the liquid turned dark brown and tasted quite bitter. k. Respondent then instructed A.I. to lay down on the bed and told her she could have the modest version of the treatment with her clothes on, or the "tantric" version of the treatment in the nude with respondent touching her private parts. A.I. chose the modest version. 1. 7 During the "treatmen respondent touched various parts-of body, calling them "chakra points." A.I. began to feel physically strange. Her body was heavy and her mouth was very dry. She could not sit?up, and she began to wonder if respondent had put something in her drink. m. Respondent removed sweat pants and put his hands - on her pubic area. He asked her if this was okay, and A.I. nodded "yes." A short time later, A.I. was able to resist and put her sweat pants back on. n. Respondent then lay on the bed for some time with A.I. When respondent put his hand underneath her shirt and bra and touched her nipple, she told respondent she did not want that and pulled his hand away. 0. A.I. was able to leave respondent?s residence about 12:30 am. Respondent was still in the bedroom, but was quiet and not responsive. A.I. noticed she was clenching her ?sts and grinding her teeth, of Ecstasy ingestion. A.I. went to Scripps Hospital for a urinalysis and blood analysis. Despite a negative ?nding, respondent admitted for purposes of his guilty plea, that the drink given to Al. contained Ecstasy. In later messages left on A.l.?s answering machine, respondent apologized for his behavior and admitted the drink he gave her contained added Cava and Arguana. Re: E.E. q. On or about September 6, 2001, was in respondent?s of?ce on a clinical Visit for marital problems. During their session respondent spoke to E.E. about his own family and problems. r. At the end of their session respondent prescribed E.E. Wellbutrin. She asked respondent if it was okay to take since she was breast feeding her baby. Respondent said there was no problem. At the pharmacy where E.E. went to have the prescription ?lled the pharmacist recommended against taking the drug because she was breast feeding. s. E.E. had a second appointment with respondent that day, in which her brother also attended. She made another appointment for September 7, 2001. After greeting her, respondent. gave her a drink, after which she felt very drugged. Respondent told her it was a spirulina fruit drink. Respondent told E.E. to lie down and relax for a few moments, while he ?xed her "chocra.". E.E. began feeling a burning sensation in her throat down to her stomach. t. After a few moments respondent told E.E. to open her eyes. When she did, respondent asked her "have you ever had a cock in your mouth that you didn?t want to have in there?" E.E. began to physically shiver and her palms started to sweat. u. E.E. asked respondent what he had put in the drink. Respondent told her the juice was past its expiration date. E.E. became frightened and ran out of respondent?s of?ce, called her husband on the phone, and ultimately drove to Scripps Encinitas Hospital. She submitted to a urine test, but became frustrated with the hospital staff, grabbed her urine bottle and left the premises. v. After leaving the hospital E.E. received a cell phone call - from a woman identifying herself as respondent?s former wife. "Sirah." E.E. was asked to meet Sirah at a local Del Mar coffee shop and hesitatingly agreed. Once at the coffee shop, Sirah told E.E. respondent had drugged another patient about a month before. With Sirah?s help, E.E. went back to Scripps Encinitas Hospital and ?nished her tests. w. Later that same day, E.E. was also tested at St. Joseph?s Hospital in Orange after breast feeding her daughter and becoming afraid that her child might be harmed. The test was positive for methamphetamine._ was advised not to breast feed her child for 24-48 hours. Re: M.C. x. M.C. was respondent?s patient from December 2000 through April 2001, having sought treatment for the effects of childhood incest and severe emotional abuse. y. Respondent initially prescribed a medication for her to take while she was on a cruise. M.C. was hesitant to take the medication because of the drug addiction of her mother, but did. She reported back to respondent that the drug made her feel strange and she became very promiscuous on the cruise. After her return from the cruise, M.C. became suicidal. She reported this to respondent who told her to discontinue the medication. 2. Sometime in April 2001 respondent called M.C. at her home and told her he and his wife of 20 or 25 years of marriage were separating. He asked if she would like to come to his home and have sex with him, adding that it would be an incredible experience. M.C. thought respondent was kidding and asked to schedule another appointment with him. Respondent told her "you can come today and I won?t charge you, or you can come on Tuesday and pay me $300 to keep my dick in my pants." 7 aa. During his treatment of MC. respondent gave her two medications. One was orange pills in a manufacturer?s bottle marked Depokote?. The prescription had been removed and there were no instructions on the bottle. It was not labeled for MC. Respondent did not write M.C. a prescription f0r this drug, but instead handed her the bottle and told her to take it on her cruise. The second drug was in a sealed bottle labeled "Blissful Joy" by the manufacturer. The label stated it was a synergy of herbs designed to lift one?s emotions. 15. On December 19, 2001, a search warrant was executed at respondent?s residence. 134 Lorcet tablets were found in a bottle labeled Nature?s Plus Bromel Supplement 1500. 195 Ritalin tablets were found in a bottle labeled Allergy Research Group Yeast Dietary Supplement. An additional 189 Lorcet tablets were found in a bottle labeled Yacon Yohimbine 5.4 mg, 100 tablets, Palisade Pharmacy, Tena?y, N.J . Fourteen Hydrocodone bitartrate tablets were found in a prescription vial prescribed by respondent for his estranged wife Sirah Vettese. Seventeen Klonopin tablets were found in a prescription vial prescribed by Dr. R.B., for respondent. 16. Respondent is guilty of having violated code section 2234 ,and in that he committed acts of unprofessional conduct, gross negligence, repeated negligent acts, incompetence, and dishonesty during his contacts with N.B., A.I., BE, and MC. as follows: i a. Paragraph 14 through (aa) is incorporated by reference as if fully set forth herein. b. Respondent put an illegal drug into drink without her knowledge and without her consent. 1. Depokote is a prescription drug made by Abbott Laboratories containing sodium valproate and valporic acid used in the treatment of epilepsy and other seizure disorders. 10 Respondent lied to NE about what was in the drink when she asked him about it. d. Respondent touched breasts under the guise of performing a breast examination after having already given the unsuspecting woman the drugged drink. e. Respondent put an illegal drug into 5 drink without her knowledge and without her consent. f. Respondent lied to Al. when he told her the drugged drink would help keep her body stabilized. g. Respondent touched Al?s breasts and pubic area under the guise of performing an "energy transfer treatmen after having already given the unsuspecting woman the drugged drink. h. Respondent spoke with EB. about his own family problems. i. Respondent prescribed Wellbutrin to BE. despite knowing she was breast feeding her baby. j. Respondent put an illegal drug into drink without her knowledge and without her consent. k. Respondent lied to BE. when he told her the drink was not drugged, but was only juice past its expiration date. 1. Respondent asked E.E. whether she had ever had a penis in her mouth she did not want there. In. Respondent gave M.C. a drug to take on her cruise which made her feel promiscuous. n. Respondent talked with M.C. about his personal life, and then asked her if she would like to have sex with him. 0. Respondent gave M.C. the drug Depokote, which was contraindicated for M.C., and never wrote a prescription for it. 11 17. Respondent is guilty of gross negligence and dishonesty as a result of his maintaining schedule 11 (Ritalin) and schedule (Lorcet) in improperly labeled containers and in an unsecured manner. THIRD CAUSE FOR DISCIPLINE (Unlawful Use or Prescribing) 18. Respondent is subject to disciplinary action under code section 2239 in that he used both prescription and illegal drugs, Ecstasy, Lorcet, and Ritalin, among others, at least between July and November 2001. Paragraphs 14 through and paragraph 15 are incorporated by reference as if fully set forth herein. FOURTH CAUSE FOR DISCIPLINE (Violation of Drug Statutes) 19. Respondent is subject to disciplinary action under code section 2238 in that he violated federal and state regulations concerning dangerous drugs or controlled substances. The circumstances are as follows: a. Respondent violated California Health and Safety Code section 11154 when he furnished an illegal drug, Ecstasy, to NE. and A.1., as alleged in paragraph 14 through which is incorporated by reference as if fully set forth herein. b. Respondent violated California Health and Safety Code section 11154 when he furnished an illegal drug, methamphetamine, to BE as alleged in paragraph 14 through which is incorporated by reference as if fully set forth herein. c. Respondent violated California Health and Safety Code sections 11153, 11154, and 11190 by giving M.C. the prescription drug, Depokote in the absence of a prescription and in an unlabeled bottle as alleged in Paragraph 14 through (aa) which is incorporated by reference as if fully set forth herein. 12 Respondent violated California Health and Safety Code sections 11153, 11154, and 11190 by maintaining schedule 11 and drugs in improperly marked bottles. FIFTH CAUSE FOR DISCIPLINE (Sexual Abuse or Misconduct) 20. Respondent is subject to disciplinary action under section 726 in that he committed acts constituting sexual abuse or misconduct against N.B., A.I., BE, and MC. as alleged in paragraph 14 through (aa) which is incorporated by reference 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 Division of Medical Quality issue a decision: 1. Revoking or suspending Physician?s and Surgeon's Certi?cate No. G18886, issued to Harold H. Bloom?eld, 2. Revoking, suspending or denying approval of Harold H. Bloom?eld, authority to supervise physician's assistants, pursuant to section 3527 of the Code; 3. Ordering Harold H. Bloom?eld, MD. to pay the Division of Medical Quality the reasonable costs of the investigation and enforcement of this case, and, if placed on probation, the costs of probation monitoring; 4. Taking such other and further action as deemed necessary and proper. DATED: March 27, 2002 ., 1 - i i r7 [:11 20111.1 I RON JOSEPH Executive Director Medical Board of California Department of Consumer Affairs State of California Complainant 03573160-SD2002AD0221 l3