?13mm 10 11 _12KAMALA D. HARRIS Attorney General of California MATTHEW M. DAVIS Supervising Deputy Attorney General JASON J. AHN Deputy Attorney General State Bar No. 253172 600 West Broadway, Suite 1800 San Diego, CA 92101 PO. Box 85266 San Diego, CA 92186-5266 Telephone: (619) 738-9433 Facsimile: (619) 645-2061 Attorneys for Complainant - BEFORE THE MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter of the First Amended Accusation Case No. 800-2?013-000930 Against: OAH No. 2015120747 ADAM F. DORIN, M.D. FIRST AMENDED ACCUSATION 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 First Amended Accusation solely in her of?cial capacity as the Executive Director of the Medical Board of California, Department of Consumer Affairs. 8 .2. On or about March 20, 2002. the Medical Board issued Physician?s and Surgeon?s Certi?cate No. G86440 to Adam F. Dorin, MD, (Respondent). The Physician?s and S-urgeon?s Certi?cate was in full force and effect at all times relevant to the charges brought herein and will 1 First Am ended Accusation (201512-0747) expire on June 30, 2017, unless renewed. JURISDICTION 3. This First Amended. Accusation, which supersedes Accusation No. 800-2013-000930, ?led on September 10, 2015, in the above-entitled matter, is brought under. 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 1l37l 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 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 0f 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.? 2 First Amended Accusation (20 'l 5 20747) 5. 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, demonstrates unfitnessto practice medicine. (Shea v. Board quedical 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 Certi?cate No. 686.440 to disciplinary action under sections 2227 and 2234, as de?ned by section 2234, subdivision of the Code, in that he committed dishonest and corrupt acts as more particularly alleged hereinafter: On or about July 9, 2012, respondent sent a false. and fraudulent email from his employer Sharp Grossmont Hospital?s email service to the employer of RB. under the fictitious name ?Jack Lew,? that falsely alleged 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. 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? Sa?ine,? 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 3 First Amended Accusation (2015120747) 10 ll advantage in her divorce proceedings with RB. 10. SECOND CAUSE FOR DISCIPLINE (General Unprofessional Conduct) Respondent has further subjected his Physician?s and Surgeon?s Certi?cate No. G86440 to disciplinary action under section sections 2227 and 2234, as de?ned 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 profession, and which demonstrates an un?tness to practice medicine, as more particularly alleged hereinafter: 11. Paragraphs 8 through 9 above, are hereby incorporated by reference and re-alleged as if fully set forth hereinWHEREFORE, 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. the costs of probation monitoring; and 4. DATED: Ordering respondent Adam F. Dorin, M.D., if placed on probation, to pay the Board Taking such other and further action as deemed necessary and proper. September 15, 2016 Executive Director Medical Board of California Department of Consumer Affairs State of California Complainant First Amended Accusation' (2015120747)