XAVIER BECERRA Attorney General of California E. A. JONES Supervising Deputy Attorney General BENETH A. BROWNE Deputy Attorney General State Bar No. 202679 California Department of Justice 300 S. Spring Street, Suite 1702 Los Angeles, CA 90013 Telephone: (213) 897?7816 Facsimile: (213) 897-9395 Attorneys for Complainant FILED STATE OF CALIFORNIA MEDICAL BOARD OF CALIFORNIA SACRAMENTOMZO I7 BY (?11143 Fifzugga?cr ANALYST BEFORE THE MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter of the Accusation and Petition to 7 Case NO. 800-2016?027508 Revoke Probation Against, PHILLIP CHUNG PIL PAIK, MD. 11660 Scripps Lake Drive San Diego, CA 92131-2364 . Physician's and Surgeon's Certificate No. A 50381, ACCUSATION AND PETITION TO REVOKE PROBATION Respondent. Complainant alleges: 1. Kimberly Kirchmeyer (Complainant) brings this Accusation and Petition to Revoke PARTIES Probation solely in her of?cial capacity as the Executive Director of the Medical Board of California, Department of Consumer Affairs. 2. On January 28, 1992, the Board issued Physician?s and Surgeon's Certi?cate (?Certi?cate?) No. A 50381 to Phillip Chung Pil Paik, M.D. (?Respondent?). On January 31, 2008, Respondent?s Certi?cate became delinquent. On February 3, 2013, Respondent renewed his Certi?cate. The Certi?cate was in effect at all times relevant to the charges brought herein, ACCUSATION AND PETITION TO REVOKE PROBATION (800-2016-027508 I except as specifically noted in this Accusation and Petition to Revoke Probation, and will expire on January 31, 2018, unless renewed. DIS HISTORY 3. By Decision dated October 23, 2006, and effective November 22, 2006, ?In the Matter of the Accusation Against Phillip Chang Pil Paik, Case No. 06-2004?161214 (the ?2006 Decision?), the Board revoked Respondent?s Certi?cate to practice medicine. The revocation was stayed, and Respondent?s Certi?cate was placed on probation for a period of seven (7) years, with certain terms and conditions. A true and correct copy of the 2006 Decision is attached hereto as Exhibit A. 4. By Decision dated November 5, 2015, and effective December 4, 2015 ?In the Matter of the Accusation and Petition to Revoke Probation Against Phillip Chung Pil Paik, Case No. 800?2014?006029 (the ?2015 Decision?), Respondent was publicly reprimanded for practicing medicine without a valid, unrevoked, or unsuspended certi?cate in violation of Business and Professions Code section 2052, and in violation of terms and conditions of his probation in the Decision entered in In the Matter of the Accusation Against Phillip Chang Pil Paik, M.D., Case No. 06-2004?161214. A true and correct copy of the 2015 Decision is attached hereto as Exhibit B. . JURISDICTION 5. This Accusation and Petition to Revoke Probation is brought before the Board under the authority of the following laws. All section references are to the Business and Professions Code unless otherwise indicated. 6. Section 2229 of the Code states in relevant part, ?Protection of the public shall be the highest priority of the [Board]. . .and administrative law judges of the Medical Quality Hearing Panel in exercising their disciplinary authority.? - 7. Section 2004 of the Code states: ?The board shall have the responsibility for the following: The enforcement of the disciplinary and criminal provisions of the Medical Practice Act. 2 ACCUSATION AND PETITION TO REVOKE PROBATION (800?2016-027508 The-administration and hearing of disciplinary actions. Carrying out disciplinary actions appropriate to ?ndings made by a panel or an administrative law judge. Suspending, revoking, or otherwise limiting Certi?cates after the conclusion of disciplinary actions. Reviewing the quality of medical practice carried out by physician and surgeon certificate holders under the jurisdiction of the board. Approving undergraduate and graduate medical education programs. Approving clinical clerkship and special programs and hospitals for the programs in subdivision Issuing licenses and certi?cates under the board's jurisdiction. Administering the board's continuing medical education program.? 8. Section 2227 of the Code provides that a licensee who is found guilty under the Medical Practice Act may have his or her license revoked, suspended for a period not to exceed one year, placed on probation. and required to pay the costs of probation monitoring, or such other action taken in relation to discipline as the Board deems proper. 9. 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: Violating or attempting to violate, directly or indirectly, assisting in or abetting the violation of, or conspiring to violate any provision of this chapter. Gross negligence. Repeated negligent acts. To be repeated, there must be two or more negligent acts or omissions. An initial negligent act or omission followed by a separate and distinct departure from the applicable standard of care shall constitute repeated negligent acts. An initial negligent diagnosis followed by an act or omission medically appropriate for that negligent diagnosis of the patient shall constitute a single negligent act. 3 ACCUSATION AND PETITION TO REVOKE PROBATION (800-2016?027508] When the standard of care requires a change in the diagnosis, act, or omission that constitutes the negligent act described in paragraph including, but not limited to, a reevaluation of the diagnosis or a change in treatment, and the licensee's conduct departs from the applicable standard of care, each departure constitutes a separate and distinct breach of the standard of care. Incompetence. The commission 10f any act involving dishonesty or corruption which is substantially related to the quali?cations, functions, or duties of a physician and surgeon. Any action or conduct which would have warranted the denial of a certi?cate. The practice of medicine from this state into another state or country without meeting the legal requirements of that state or country for the practice of medicine. Section 2314 shall not apply to this subdivision. This subdivision shall become Operative upon the implementation of the proposed registration program described in Section 2052.5. The repeated failure by a certi?cate holder, in the absence of good cause, to attend and participate in an interview by the board. This subdivision shall only apply to a certificate holder who is the subject of an investigation by the board.? 10. Section 118 of the Code states: The withdrawal of an application for a license after it has been filed with a board in the department shall not, unless the board has consented in writing to such withdrawal, deprive the board of its authority to institute or continue a proceeding against the applicant for the denial of the license upon any ground'provided by law or to enter an order denying the license upon any such ground. The suspension, expiration, or forfeiture by operation of law of a license issued by a board in the department, or its suspension, forfeiture, or cancellation by order of the board or by order of a court of law, or its surrender without the written consent of the board, shall not, during any period in which it may be renewed, restored, reissued, or reinstated, deprive the board of its authority to institute or continue a disciplinary proceeding against the licensee upon any ground provided by law or to enter an order suspending or revoking the license or otherwise taking 4 ACCUSATION AND PETITION TO REVOKE PROBATION (800?2016-027508 disciplinary action against the licensee on any such ground. As used in this section, ?board? includes an individual who is authorized by any provision of this 'code to issue, suspend, or revoke a license, and ?license? includes ?certi?cate,? ?registration,? and ;permit.?? 11. Probation Condition 19 the 2006 Decision provides: ?Failure to fully comply with any term or condition of probation is a violation of probation, if respondent violates probation in any respect, the Division, after giving respondent notice and an opportunity to be heard, may revoke probation and carry out the disciplinary order that was stayed. If an Accusation, Petition to Revoke Probation, or an Interim Suspension Order is filed against respondent during probation, the Division1 shall have continuing jurisdiction until the matter is ?nal, and the period of probation shall be extended until the matter is ?nal.? CAUSE FOR DISCIPLINE (Failure to Complete Clinical Training Program) 12. Respondent is subject to disciplinary action under Code section 2234 in that he committed unprofessional conduct by failing to complete the required clinical training program. The circumstances are as follows: 13. On or about November 5, 2015, a Decision, with the effective date of December 4, 2015, was adopted by the Board in the Matter of the Accusation and Petition to Revoke Probation, Case No. 800?2014?006029. The Decision served as a Public Reprimand with two conditions: (1) that respondent must successfully complete a Clinical Training Program and (2) that he comply with the Board?s Decision already in effect, Case No. 06-2004?161214. The Clinical Training Program condition precedent required respondent to enroll in an approved program by February 4, 2016, and to successfully complete it no later than August 4, 2016. In addition, the condition stated that respondent may not practice medicine until he has been notified by the Board in writing that he has successfully completed an approved clinical training program. 1 California Business and Professions Code section 2002, as amended and effective January 1, 2008, provides that, unless otherwise expressly provided, the term ?[B]oard? as used in the Medical Practice Act refers to the Medical Board of California. References to the ?Division of Medical Quality? and ?Division of Licensing? set forth in the Medical Practice Act are also referable to the Medical Board of California. 5 ACCUSATION AND PETITION TO REVOKE PROBATION (800-2016027508 about December 18, 20.15, a probation analyst sent a letter to respondent?s address of record advising him of the Clinical Training Program condition precedent. 15. On or about August 19, 2016, the analyst sent respondent a letter advising him to provide proof of his compliance with the Clinical Training Program condition by September 5, 2016, or the matter would be referred to the Attorney General?s Of?ce to ?le further action against his license. The letter was sent via regular ?rst class and via certi?ed mail with a return receipt request. On or about September 26, 2016, the letter was returned unclaimed. 16. Respondent?s failure to complete the Clinical Training Program condition precedent and to provide proof thereof to the Board constitutes Unprofessional Conduct in violation of section 2234 of the Code. FIRST CAUSE TO REVOKE PROBATION (Education Course) 17. At all times after the effective date of Respondent?s probation, Condition 2 stated: ?Respondent shall submit to the Division or its designee for its prior approval educational program(s) or course(s) which shall not be less than 40 hours per year, for each year of probation.? 18. Respondent?s probation is subject to revocation because he failed to comply with Probation Condition 2, referenced above. The facts and circumstances regarding this violation are as follows: A. On or about May 9, 2014, Respondent was advised he must submit for approval an educational program for each year of probation. Respondent said he understood and would comply with this condition. As of this date, however, Respondent is out of compliance with this condition because he has failed to submit for prior approval education courses for 2014, 2015, 2016, and 2017. 6 ACCUSATION AND PETITION TO REVOKE PROBATION (800-2016?0275081 SECOND CAUSE TO REVOKE PROBATION 19. At all times after the effective date of Respondent?s probation, Condition 6 stated: ?Respondent shall undergo and continue treatment, including any modi?cations to the frequency of until the Division or its designee deems that no further is necessary. . . . Respondent shall have the treating submit quarterly status reports to the Division or its designee.? 20. Respondent?s probation is subject to revocation because he failed to comply with Probation Condition 6, referenced above. The facts and circumstances regarding this violation are as follows: A. On or about May 9, 2014, Respondent was advised he must undergo and continue treatment until it was deemed by the Board to be no longer necessary. Respondent said he understood and would comply with this condition. B. On or about December 28, 2015, Respondent was infomied that his treating failed to submit the quarterly status report for the third quarter of 2015, which was due on October 10, 2016. To date, the report has not been submitted to the Board. Respondent is therefore out of compliance with this condition. THIRD CAUSE TO REVOKE PROBATION (Quarterly Declarations) 21. At all times after the effective date of Respondent?s probation, Condition 13 stated: ?Respondent shall submit quarterly declarations under penalty of perjury on forms provided by the Division, stating whether there has been compliance with all the conditions of probation. Respondent-shall submit quarterly declarations not later than 10 calendar days after the end of the preceding quarter.? I 22. Respondent?s probation is subject to revocation because he failed to comply with Probation Condition 13, referenced above. The facts and circumstances regarding this violation are as follows: A. On or about May 9, 2014, Respondent was provided with Quarterly Declaration 7 ACCUSATION AND PETITION TO REVOKE PROBATION (800-2016-027508] forms. The reporting periods were explained, emphasizing the importance of completing the forms, timely submitting them, and the fact that he would be signing them under penalty of perjury. Respondent signed a QuarterlyDeclaration Due Date form. B. On or about April 18, 2016, a notice was sent to Respondent reminding him of his requirement to submit Quarterly Declarations no later than 10 calendar days after the end of the preceding quarter. As of this date, hoWever, Respondent is out of compliance with this condition since he has failed to submit any quarterly declarations since April 2016. FOURTH CAUSE TO REVOKE PROBATION (Probation Unit Compliance) 23. At all times after the effective date of Respondent?s probation, Condition 14 stated: ?Respondent shall comply with the Division?s probation unit. Respondent shall, at all times, keep the Division informed of Respondent?s business and residence addresses. Changes in such addresses shall be immediately communicated in writing to the Division or its designee. . 24. Respondent?s probation is subject to revocation because he failed to comply with Probation Condition 14, referenced above. The facts and circumstances regarding this violation are as follows: A. On or about May 9, 2014, ResPondent was'advised he must keep his Probation Unit monitor informed of his address of business and residence, both of which would serve as his address of record. Respondent was also told to immediately inform his monitor in writing of any address change; adding, he must also inform the Board?s Licensing Unit, as he normally would if not on probation. As of this date, however, Respondent is out of compliance with this condition since he has failed to advise the Board of his current addresses. FIFTH CAUSE TO REVOKE PROBATION (Interview With Division Or Its Designee) 25. At all times after the effective date of Respondent?s probation, Condition 15 stated: ?Respondent shall be available in person for interviews either at respondent's place of business or at the probation unit office, with the Division or its des-ignee upon request at various intervals and either with or without prior notice throughout the term of probation.? 8 ACCUSATION AND PETITION TO REVOKE PROBATION (800-2016?027508 26. Respondent?s probation is subject to revocation because he failed to comply with Probation Condition 15, referenced above. The facts and circumstances regarding this violation are as follows: A. On or about May 9, 2014, Respondent was told he must appear in person for interviews at his place of business or at the probation unit office, upon request at various intervals and either with or without prior notice. He expressed his understanding and said he would comply. B. On or about December 27, 2016, a letter was sent to Respondent?s address of record scheduling him for a Quarterly Interview on December 30, 2016. Respondent, however, failed to attend his scheduled interview. Respondent is out of compliance with this condition. SIXTH CAUSE TO REVOKE PROBATION (Probation Monitoring Costs) 27. At all times after the effective date of Respondent?s probation, Condition 21 stated: ?Respondent shall pay the costs associated with probation monitoring each and every year of probation, as designated by the Division, which may be adjusted on an annual basis. Such costs shall be payable to the Medical Board of California. and delivered to the Division or its designee no later than January 31 of each. calendar year. Failure to pay costs within 30 calendar days of the due date is a violation of probation.? 28. Respondent?s probation is subject to revocation because he failed to comply with Probation Condition 21, referenced above. The facts and circumstances regarding this violation are as follows: A. On or about May 9, 2014, Respondent was told he would be billed for the annual probation monitoring costs at the end of each year. His probation monitor further stated that the first due date would be January 1, 2015, and that a failure to pay the costs within the due date would be a violation of probation. Respondent expressed his understanding. He has yet to make a payment. Respondent is therefore out of compliance with this condition. 9 ACCUSATION AND PETITION TO REVOKE PROBATION (800?2016-027508, t0 I?t I?a I?t h-i IV SEVENTH CAUSE TO REVOKE PROBATION . (Violation of Probation) 29. At all times after the effective date of Respondent?s probation, Condition 19 stated: ?Failure to fully comply with any term or condition of probation is a violation of probation. If respondent violates probation in any respect, the Division, after giving respondent notice and the opportunity to be heard, may rekae probation and carry out the disciplinary order that was stayed.? 30. Respondent?s probation is subject to revocation because he failed to comply with Probation Condition 19, referenced above. The facts and circumstances regarding, this violation are contained in paragraphs 17 through 28, and are incorporated by reference as though fully - stated herein. DISCIPLINE CONSIDERATIONS 31. To determine the degreeof discipline, if any, to be imposed on Respondent, Complainant alleges that on or about November 22, 2006, in a prior disciplinary action entitled In the Matter 'of the Accusation Against Phillip Chang Pil Paik, M.D., before the Medical Board of California, in Case Number 06-2004?161214, respondent's license was placed on probation for seven years with a sixty-day suspension for conviction of a crime, sexual exploitation of a patient and unprofessional conduct. That decision is now ?nal and is incorporated by reference as if fully set forth. WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged, and that following the hearing, the Board issue a decision: i 1. Revoking the probation that was granted by the Medical Board of California in Case No. 800-2014?006029 and imposing the disciplinary order that was stayed thereby revoking Physician's and Surgeon's Certi?cate No. A 50381, issued to Respondent Phillip Chung Pil Paik, 2. Revoking or suspending Physician's and Surgeon's Certificate No. A 50381, issued to Respondent Phillip Chung Pil Paik, I 10 ACCUSATION AND PETITION TO REVOKE PROBATION (800?2016-027508 Revoking, suspending or denying approval of Respondent Phillip Chung Pil Paik, authority to supervise physician assistants, pursuant to section 3527 of the Code, and advanced practice nurses; . 4. Ordering Phillip Chung Pil Paik, MD. to pay the Board, if placed on probation, the costs of probation monitoring; and - Taking such other and further action as deemed necessary and proper. June 30, 2017 KIMBERLY CHMEYER Executive Di ctor Medical Board of California Department of Consumer Affairs State of California Complainant LA2016503557 32843505.doc ll ACCUSATION AND PETITION TO REVOKE PROBATION (800-2016?027508 Exhibit A Decision and Order Medical Board of California Case No. 06?2004-161214 BEFORE THE DIVISION OF MEDICAL QUALITY I MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUNIER AFFAIRS - STATE OF CALIFORNIA In the Matter of the Accusation Against: I 7 . Phillip Chung Pil Paik, M.D. File No. 062004461214 . - I . Physician's and Surgeon's Certificate No. A 50381 Respondent - DECISION The attached Proposed Decision is hereby adepted as the Decision and Order of- the Division of Medical Quality of the Medical Board of California, Department of Consumer Affairs, State of California. A i This Decision shall become effective at 5:00 p.m. on Hove-mine}; 22, 2005 SO ORDERED October 23, 2006_ MEDICAL BOARD OF CALIFORNIA Byzx/Zv/V%T "7/7999 Cesar A. Aristeiguieta, M.D Chair, Consolidated Panel Division of Medical Quality 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. 06-2004?161214 PHILLIP CHUNG PIL PAIK, M.D., - I 7750 Dagget Street, Suite 108 OAH N0. L2006011019 San Diego, California 921 ll Physician and Surgeon?s Certi?cate NO. A 50381, Respondent. PROPOSED DECISION This matter was heard by Humberto Flores, Administrative Law Judge, Of?ce of Administrative Hearings, on June '19 through 22, 2006, in Los Angeles, California. Deputy Attorney General Gloria L. Castro represented complainant. Robert B. Zaro, Attorney at Law, represented Phillip Chung Pil Paik, M.D. (respondent). Respondent was present throughout the hearing. Oral and documentary evidence was received and the matter was submitted for decision. FACTUAL FINDINGS I. On December 7, 2005, David T. Thorton made and filed the Accusation in his Official capacity as Executive Director of the Medical Board of California, Department of Consumer Affairs. 2. On January 28, 1992, the Medical Board of California issued Physician and Surgeon? 3 Certi?cate No. A 50381 to respondent. The certificate was in full force and effect at all times relevant to the Accusation. 3. On August 1, 2005, in the Superior Court .ofCalifomia, County of Los Angeles, in case number 48130973 7, respondent entered a plea of nolo contendere to one count charging- a violation ofBusiness and Professions Code section 729, subdivision sexual exploitation by a physician, a misdemeanor. Judgment was entered and imposition of sentence was suspended. Respondent was placed on probation for two years on certain conditions whereby respondent was ordered to pay a ?ne of $1,755.00, and perform 100 hours of community servrce. 4. The incident underlying the conviction occurred on September 14, 2004. Patient L.C. arrived at respondent?s of?ce at approximately 5:00 pm. to have sutures removed after undergoing an, eyelash transplant.1 After respondent removed the sutures, he and the patient walked to the reception area where respondent asked if the patient had undergone any other cosmetic surgery procedures. The patient answered that she had previously undergone a breast implant procedure and was interested in liposuction for her abdominal area. Respondent replied that he had been trained in liposuction and offered to perform a pre- liposuction examination. Respondent and the patient returned to the examination room. . Respondent began the examination by performing a ?pinch test? on various parts of the patient?s body to determine the amount of fat that could be suctioned in a liposuction procedure. At some point during the examination, respondent asked if he could see and touch the patient?s breasts because of respondent?s ?professional curiosity? regarding her . breast implants. The patient agreed. At some point during the examination, respondent became sexually aroused. He nevertheless continued the examination, and when he . completed it, reSpondent told the patient ?I?m so stimulated.? The patient became offended, put her clothes on and walked out of respondent?s office. 5. Respondent realized. that he had crossed ethical boundaries and immediately apologized to the patient. Further, respondent admitted his inappropriate conduct to local and state authorities. 6. Respondent sought counseling and underwent and evaluations prior to the hearing in this matter. The experts who testi?ed at the hearing opined that respondent is not a sexual predator or sexual addict because he does not habitually or compulsively engage in sexual conduct for self grati?cation Further, there is no evidence that respondent has a history of manipulating others for sexual grati?cation. Finally, respondent does not have a history of engaging in other activities,2 which may give an indication of sexual addiction. The undersigned found the experts to be well quali?ed and credible in their testimony. Their testimony is supported by respondent?s record of practicing for 14 years with no previous record 'of discipline or prior complaints of sexual misconduct. I The appointment was scheduled for 5.00 pm. at the patient?s request to accommodate her work schedule. 2 These activities may include obsessions with pornography, prostitution, escort services, strip clubs and voyeurism. 7. Respondent is remorseful and ashamed of his conduct. He informed his wife of his misconduct, and although she was shocked, angered and hurt, she remains supportive. 8. Respondent received a Master of Divinity from Princeton Theological Seminary in 1981. He is also an ordained minister and is extremely active in his church. In addition, throughout his medical career reSpondent has donated time and medical services to the poor in different countries. In fact, he participated in 28 medical missions through his church. This included travel to third world countries where he provided medical services to people who were underserved or did not have professional medical care in their communities. COSTS OF INVESTIGATION AND ENFORCEMENT 9. Complainant requested that respondent be ordered to pay reasonable costs of investigation and enforcement pursuant to Business and Professions Code section 125.3. However, complainant did not present evidence to support this request. DISCUSSION As noted above, respondent became sexually aroused at some point during the liposuction examination of the patient. Respondent should have stopped the examination immediately upon feeling aroused, but he continued to perform the examination and thereafter made inappropriate sexual remarks that upset the patient. Since the patient had indicated that she was interested in liposuction in her abdominal area, respondent?s liposuction examination should have been limited to that area. By going beyond the abdominal area during the examination, continuing the examination after feeling sexually aroused, and making inappropriate statements such as feel stimulated,? respondent crossed ethical boundaries and violated Business and Professions Code sections 726 and 729, subdivision Further, reSpondent?s conduct during the liposuction examination was unprofessional under Business and Professions Code section 2234, subdivision LEGAL CONCLUSIONS 1. Cause exists to suspend or revoke respondent?s physician and surgeon?s certi?cate for unprofessibnal conduct under Business and Professions Code section 2236, based on respondent?s conviction set forth in Factual Finding 3. 2. Cause exists to suSpend or revoke respondent?s physician and surgeon?s certi?cate for unprofessional conduct under Business and Professions Code section 726, based on Factual Findings 3 and 4, and the Discussion section of this decision. 3. Cause exists to suspend or revoke respondent?s physician and surgeon?s certificate for unprofessional conduct under Business and Professions Code section 2234, subdivisions based on Factual Findings 3 and 4, and the Discussion section of this decision.? . 4. Although respondent is guilty of inappropriate sexual conduct with patient L.C., - the evidence did not establish that respondent is a sexual predator. This does not excuse respondent?s conduct with the individual patient. But it is a factor to consider in determining the apprOpriate disicipline in this case. Consideration is also given to reSpondent?s prior record as physician, his service to his church and the community, and his participation in medical missions where he provided medical care to the underserved. Based on the entire record, revocation stayed with a signi?cant suspension and strict probationary conditions is the appropriate discipline in this case. 5. Cause does not exist to order respondent to pay costs of investigation and enforcement under Business. and Professions Code section 125.3, based on Factual Finding 10. ORDER Certi?cate No. A 50381, issued to respondent Phillip Chung Pil Paik, M.D., is revoked pursuant to Legal Conclusions lthrough 3. However, the revocation is stayed and respondent is placed on probation for seven (7) years upon the following terms and conditions: 1. Actual Suspension As part of probation, respondent is suspended from the practice of medicine for 60 days beginning the sixteenth day after the effective date of this decision. 2. Education Course Within 60 calendar days of the effective date of this Decision, and on an annual basis thereafter, respondent shall submit to the Division or its designee for its prior approval educational program(s) or c0urse(s) which shall not be less than 40 hours per year, for each year of probation. The educational program(s) or course(s) shall be aimed at correcting any areas of deficient practice or knowledge and shall be Category 1 certi?ed, limited to classroom, conference, or seminar settings. The educational program(s) or course(s), shall be at respondent?s expense and shall be in addition to the Continuing Medical Education (CME) requirements for renewal of licensure. Following the completion of each course, the Division or its designee may administer an examination to test respondent?s knowledge of the course. Respondent shall provide proof of attendance for 65 hours of CME of which 40 hours were in satisfaction of this condition. 3. Ethics Course Within 60 calendar days of the effective date of this Decision, reSpondent shall enroll in a course in ethics, at respondent?s expense, approved in advance by the Division or its designee. Failure to successfully complete the course during the first year of probation is a violation of probation. An ethics course taken after the acts that gave rise to the charges in the Accusation, but prior to the effective date of the Decision may, in the sole discretion of the Division or its designee, be accepted towards theful?llment of this condition if the course would have been approved by the Division or its designee had the course been taken after the effective date of this Decision. Respondent shall submit a certification of successful completion to the Division or its designee not later than 15 calendar days after successfully completing the course, or not later than 15 calendar days after the effective date of the Decision, whichever is later. 4. Professional Boundaries Program Within 60 calendar days from the effective date of this Decision, respondent shall enroll in a professional boundaries program, at respondent?s expense, equivalent to the Professional Boundaries Program, Physician Assessment and Clinical Education Program at the University of California, San Diego School of Medicine (?Program?). Respondent, at the Program?s discretion, shall undergo and complete the Program?s assessment of respondent?s competency, mental health and/or performance, and at minimum, a 24 hour program of interactive education and training in the area of boundaries, which takes into account data obtained from the assessment and from the Decision(s), Accusation(s) and any other information that the Division or its designee deems relevant. The Program shall evaluate respondent at the end of the training and the Program shall provide any. data from the assessment and training as well as the results of the evaluation to the Division or its designee. Failure to complete the entire Program not later than six months after respondent?s initial enrollment shall constitute. a violation of probation unless the Division or its designee agrees in writing to a later time for completion. Based on respondent?s performance in and A evaluations from the assessment, education, and training, the Program shall advise the Division or its designee of its recommendation(s) for additional education, training, and other measures necessary to ensure that re3pondent can practice medicine safely. ReSpondent shall comply with Program recommendations. At the completion of the Program, respondent Qhall submit to a final evaluation. The Programs? 110. all provide 111e results of the evaluation to the Division or its designee. The Program?s determination whether or not respondent successfully completed the Program shall be binding. Failure to participate in and complete successfully all phases of the Program, as outlined above, is a violation of probation. Respondent shall not practice medicine until respondent has successfully completed the Program and has been so notified by the Division or its designee in writing. 5. Evaluation Within 30 calendar days of the effective date of this Decision, and on a whatever periodic basis thereafter may be required by the Division or its designee, respondent shall undergo and complete a evaluation (and testing," if deemed necessary) by a Division?appointed board certi?ed Who, shall consider any information provided by the Division or designee and any Other information the deems relevant, and shall furnish a written evaluation report to the Division or its designee. evaluations conducted prior to the effective date of the Decision shall not be hnnrior?' {Jan accepted towards the fulfilment of this requi remei t. shall pay me cos LLJU 2111 evaluations and testing. Respondent shall comply with all restrict-ions or conditions recommended by the evaluating within 15 calendar days after being notified by the Division or its designee- Failure to undergo and complete a evaluation and testing, or comply with the required additional conditions or restrictions, is a violation of probation. Within 60 calendar days of the effective date of this Decision, respondent shall submit to the Division or its designee for prior approval the name and qualifications of a board certified or a licensed who has a doctoral degree in and at least five years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders. Upon approval, respondent shall undergo and continue treatment including any modi?cations to the frequency of until the Division or its designee deems that no further is necessary The shall consider any information provided by the Division or its designee and any other information the deems relevant and shall furnish a written evaluation report to the Division or its designee. Respendent shall susuyv 31.3 in providing the any information and documents that the may deem pertinent. Respondent shall have the treating submit quarterly status reports to the Division or its designee. The Division or its designee may require respondent to undergo evaluations by a Division-appointed board certified If, prior to the completion of probation, respondent is found to be mentally unfit to resume the practice of medicine without restrictions, the Division shall retain continuing jurisdiction over respondent?s license and the period of probation shall be extended until the Division determines that respondent is mentally fit to resume the practice of medicine without restrictions. Respondent shall pay the cost of all and evaluations. - Failure to undergo and continue treatment, or comply with any required modi?cation in the frequency of is a violation of probation. 7. Third Party Chaperone During probation, respondent shall have a third party chaperone present while consulting, examining or, treating female patients. Respondent shall, within 30 calendar days of the effective date of the Decision, submit to the Division or its designee for prior approval name(s) of persons who. will act as the third party chaperone. Each third party chaperone shall initial and date each patient medical record at the time the chaperone?s services are provided. Each third party chaperone shall read the Decision(s) and the Accusation(s), and fully understand the role of the third party chaperone. Respondent shall maintain a log of all patients seen for whom a third party chaperone is required. The log'shall contain the: 1) patient name, address and telephone number; 2) medical record number; and 3) date of service. Respondent shall keep this log in a separate ?le or ledger, in chronological. order, shall make the log available for immediate inSpection and copying on the premises at all times during business hours by the Division or its designee, and shall retain the log for the entire term of probation. Failure to maintain a log of all patients requiring a third party chaperone, or to make the log available for immediate inspection and copying on the premises, is a violation of probation. 8. Monitoring Practice Within 30 calendar days of the effective date of this Decision, respOndent shall submit to the Division or its designee for prior approval as a practice monitor, the name and qualifications of one or more licensed physicians and surgeons whose licenses are valid and in good standing, and who are preferably American Board of Medical Specialties (ABMS) certified. A monitor shall have no prior or current business or personal relationship with respondent, or other relationship that could reasonably be expected to compromise the ability of the monitor to render fair and unbiased reports to the Division, including but not limited to any form of bartering, shall be in respondent?s ?eld of practice, and must agree to serve as reSpondent?s monitor. Respondent shall pay all monitoring costs. The Division or its designee shall provide the approved monitor with copies of the Decision and Accusation, and a proposed monitoring plan. Within 15 calendar days of receipt of the Decision, Accusation, and proposed monitoring plan, the monitor shall submit a signed statement that the monitor has read the Decision and Accusation, fully understands the role of a monitor, and agrees or disagrees with the proposed monitoring plan. If the monitor disagrees with the proposed monitoring plan, the monitor shall submit a revised monitoring plan with the signed statement. Within 60 calendar days of the effective date of this Decision, and continuing throughout probation, respondent?s practice and billing shall be monitored by the approved monitor. Respondent shall make all records available for immediate inspection and coming on the premises by the monitor at all times during business hours and shall retain the records for the entire term of probation. The monitor(s) shall submit a quarterly written report to the Division or its-designee which includes an evaluation of respondent?s performance, indicating whether respondent?s practices are within the standards of practice of medicine and whether respondent is practicing medicine safely. It shall be the sole responsibility of reSpondent to ensure that the monitor submits the - quarterly written reports to the Division or its designee within 10 calendar days after the end of the preceding quarter. If the monitor resigns or is no longer available, respondent shall, within 5 calendar days of such resignation or unavailability, submit to the Division or its designee, for prior approval, the name and qUali?cations of a replacement monitor who will be assuming that responsibility within 15 calendar days. If respondent fails to obtain approval of a replacement monitor within 60 days of the resignation or unavailability of the monitor, respondent shall be suspended from the practice of medicine'until a replacement monitor is approved and prepared to assume immediate monitoring responsibility. Respondent shall cease the practice of medicine within 3 calendar days after being so noti?ed by the Division or designee. In lieu of a monitor, reSpondent may participate in a professional enhancement program equivalent to the one offered by the Physician Assessment and Clinical Education Program at the University of California, San Diego School of Medicine, that includes, at minimum, quarterly chart review, semi?annual practice assessment, and semi~annual review of professional growth and education. Respondent shall participate in the professional enhancement program at respondent?s expense during the term of probation. Failure to maintain all records, or to make all appropriate records available for immediate inspection and copying on the premises, or to comply with this condition as outlined above is a violation of probation. 9. Prohibited Practice During probation, respondent is prohibited from performing pubic hair transplants on female patients. After the effective date of this Decision, the ?rst time that_a patient seeking tne prohibited services makes an appointment, respondent shall orally notify the patient that respondent does not perform pubic hair transplants on .female patients. Respondent shall maintain a log of all patients to'whom the required oral noti?cation was made. The log shall contain the: 1) patient?s name, address and phone number; patient?s medical record?number, if available; 3) the full name of the person making the noti?cation; 4) the date the noti?cation was made; and 5) a description of the noti?cation given. Respondentshall keep this log in a separate ?le or ledger, in chronological order, shall make the log available for immediate inspection and copying on the premises at all times during business hours by the Division or its designee, and shall retain the log for the entire term of probation. Failure to maintain a log as de?ned in the section, or to make the log available for immediate inspection and copying on the premises during business hours is a violation of probation. In addition to the required oral notification, after the effective date of this Decision, the ?rst time that a patient who seeks the prohibited services presents to respondent, reSpondent shall provide a written noti?cation to the patient stating that respondent does not perform pubic hair transplants on female patients. Respondent shall maintain a c0py of. the written noti?cation in the patient?s ?le, shall make the noti?cation available for immediate inspection and c0pying on'the premises at all times during business hours by the Division or its designee, and shall retain the noti?cation for the entire term of probation' Failure to maintain the written notification as de?ned in the section, or to make the noti?cation available for immediate inspection and copying on the premises during business hours is a violation of probation. 10. Noti?cation Prior to engaging in the practice of medicine the respondent shall provide a true copy of the Decision Accusation to the Chief of Staff or the Chief Executive Of?cer at every hospital where privileges or membership are extended to respondent, at any other facility where respondent engages in the practice of medicine, including all physician and locum tenens registries or other similar agencies, and to the Chief Executive Of?cer at every .insurance carrier which extends malpractice insurance coverage to respondent. Respondent shall submit proof of compliance to the Division or its designee within 15 calendar days. This condition shall apply to any change(s) in hospitals, other facilities, or insurance carrier. 11. Supervision of Physician Assistants During probation, respondent is prohibited from supervising physician assistants. 12. Obey All Laws Respondent shall obey all federal, state and local laws, all rules governing the practice of medicine in California and remain in full compliance with any court ordered criminal probation, payments, and other orders. 13. Quarterly Declarations Respondent shall submit quarterly declarations under penalty of perjury on forms provided by the Division, stating whether there has been compliance with all the conditions of probation. Respondent shall submit quarterly declarations not later than 10 calendar days after the end of the preceding quarter. 14%. Probation Unit Compliance - Respondent shall comply with the Division?s probation unit. ReSpondent shall, at all times, keep the Division informed of respondent?s business and residence addresses. Changes of such addresses shall be immediately communicated in writing to the Division or its designee. Under no circumstances shall a post of?ce box serve as an address of record, except as allowed by Business and Professions Code section 2021(b). Respondent shall not engage in the practice of medicine in respondent?s place of residence. Respondent shall maintain a current and renewed California physician?s and surgeon?s license. Respondent shall immediately inform the Division or its designee, in writing, of travel to any areas outside the jurisdiction of California which lasts, or is contemplated to last, more than thirty (3 0) calendar days. 15. Interview with Division or its Designee Respondent shall be available in person for interviews either at respondent?s place of business or at the probation unit office, with the?Division or its designee upon request at various intervals and either with or without prior notice throughout the term of probation. 10 16. Residing or Practicing Out-of?State In the event respondent should leave the State of California to reside or to practice respondent shall notify the Division or its designee in writing 30 calendar days prior to the dates of departure and return. Non?practice is de?ned as any period of time exceeding thirty calendar days in which respondent is not engaging in any activities defined in sections 2051 and 2052 of the Business and Professions Code. . All time spent in an intensive training program outside the State of California which has been?approved by the Division or its designee shall be considered as time spent in the practice of medicine within the State. A Board-ordered suspension of practice shall not be considered as a period of non?practice. Periods of temporary or permanent residence or practice outside California will not apply to the reduction of the probationary term. Periods of temporary or permanent residence or practice outside California will relieve respondent of the reSponsibility to comply with the probationary terms and conditions with the exception of this condition and the following terms and conditions of probation: Obey All Laws; Probation Unit Compliance; and Cost Recovery. Respondent?s license shall be automati ally cancelled if respondent?s periods of temporary or permanent residence or practice outside California totals two years. HOWever, respondent?s license shall not be cancelled as long as respondent is residing and practicing medicine in another state of the United States and is on active probation with the medical licensing authority of that state, in which case the two year period shall. begin on the date probation is completed or terminated in that state. 17. Failure to Practice Medicine California Resident in the event respondent resides in the State of California and for any reason . reSpondent stops practicing medicine in California, respondent shall notify the Division or its designee in Writing within 30 calendar days prior to the dates of non-practice and return to practice. Any period of non: practice within California, as defined in this condition, Will not apply to the reduction of the probationary term and does not relieve respondent of the . responsibility to comply with the terms and conditions of probation. Non?practice is de?ned as any period of time exceeding thirty calendar days in which respondent is not engaging in any activities defined in sections 2051 and 2052 of the BuSiness and Professions Code. All time Spent in an intensive training program which has been approved by the Division or its designee shall be considered time spent in the practice of medicine. For purposes of this due to a Board?ordered suspension Or in compliance with any other condition of probation, shall not be considered a period of non-practice .. V5: VJ. A 1.1.1 HULLUU. 11 Respondent?s license shall be automatically cancelled if respondent resides in California and for a total of two years, fails to engage in California in any of the activities described in Business and Professions Code sections 2051 and 2052. 18. Completion ofProbation Respondent shall comply with all ?nancial obligations cost recovery, restitution, probation costs) not later than 120 calendar days prior to the completion of probation. Upon completion successful of probation, respondent?s certi?cate shall be fully restored. 19. Violation of Probation Failure to fully comply with any term or condition of probation is a violation of probation. If respondent violates probation in any respect, the Division, after giving respondent notice and the opportunity to be heard, may revoke probation and carry out the disciplinary order that Was stayed. If an Accusation, or Petition to Revoke Probation, or an Interim Suspension Order is ?led against respondent during probation, the Division shall have continuing jurisdiction until the matter is ?nal, and the period of probation shall be extended until the matter is final. 20. License Surrender Following the effective date ofthis Decision, if respondent ceases practicing due to . retirement, health reasons or is otherwise unable to satisfy the terms and conditions of probation, reSpondent may request the voluntary surrender of reSpondent?s license. The Division reserves the right to evaluate reSpondent?s request and to exercise its discretion whether or not to grant the request, or to take any other action deemed apprOpriate and reasonable under the circumstances. Upon formal acceptance of the surrender, respondent - shall within 15 calendar days deliver reSpondent?s wallet and wall certi?cate to the Division orits designee and respondent shall no longer practice medicine. Respondent will no longer be subject to the terms and conditions of probation and the surrender of respondent?s license shall be deemed disciplinary action. If respondent re-applies for a medical license, the application shall be treated as a petition for reinstatement of-a' revoked certi?cate. 12 21. Probation Monitoring Costs Respondent shall pay the costs associated with-probation monitoring each and every year of probation, as designated by the Division, which may be adjusted on an annual basis. Such costs shall be payable to the Medical Board of California and delivered to the Division or its designee no later than January 31 of each calendar year. Failure to pay costs within 30 calendar days of the due date is a violation?of probation. . awn; 4% HUMBERTO FLORES Administrative Law Judge Of?ce of Administrative Hearings DATED: July 26, 2006 13 Exhibit Decision and Order Medical Board of California Case No. 800-2014?006029 BEFORE THE MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter ofthc Accusation And Petition to Revoke Probation Against: Phillip Chung Pil Paik M.D. File No. 800-2014-006029 Physician's and Surge?on's Certi?cate No. A 50381 Respondent DECISION The attached Stipulated Settlement and Disciplinary Order is hereby adopted as the Decision and Order ofthe Medical Board of California, Department of Consumer Affairs, State of California. This Decision shall become effective at 5:00 p.m. on December 4, 2015. IT IS SO ORDERED November 5, 2015. MEDICAL BOARD OF CALIFORNIA 1% 5w ?0 Dev Gnanadev, Chiair Panel 4:HARRIS Attorney General of California ROBERT MCKIM BELL Supervising Deputy Attorney General PEGGIE BRADFORD TARWATER Deputy Attorney General State Bar No. 169127 . California Department of Justice 300 South Spring Street, Suite 1702 Los Angeles, California 90013 Telephone: (213) 620?6068 Facsimile: (213) 897-9395 E-rnail: Peggie.Tarwater@doj.ca.gov . Attorneys for Compiainant BEFORE THE MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA 1n the Matter of the Aceusation and Petition to Case No. 800?2014-006029 1310102111011 nga?inSt. . PHILLIP CHUNG PIL PAIK, MD. SETTLEMENT AND DESCIPLIVARY 0 *1 Physician and Surgeon' 3 Certi?cate No. A RDER 50381 ReSpondent. IT IS HEREBY STIPULATED AND AGREED by and between the'parties to the above? entitled proceedings that the t?ollowing matters are true: I PARTIES 1. Kimberly Kirchmeyer (?Complainant?) is the Executive Director of the Medical Board of California (?Board?). She brought this action solely in her of?cial capacity and is represented in this matter by Kamala D. Harris, Attorney General of the State of California, by Peggie Bradford Tarwater, Deputy Attorney General. I 2. es? pendent Phillip Chung P11 Pang/1D. {"19 es . )is represented in this proceeding by attorney Kevin D. Cauley, whose address is 624 South Grand Avenue, 22nd Floor Los Angeles, California 90017-3323. 1 AND DISCIPLINARY ORDER (800?2014-0060291 10 ll - l2 3. On January 28, 1992, the Board issued Physician?s and Surgeon's Certi?cate No. A 50381 to Respondent. The Physician's and Surgeon's Certi?cate was in full force and effect at all times relevant to the charges brought in Aecusation and Petition to Revoke Probation No. 800? 2014?006029 and will expire on January 31,2016, unless renewed. I JURISDICTION . 4. Aecusation and Petition to Revoke Probation No. 800-20l4-006029 was filed before the Board and is currently pending against Respondent. The Accusation and Petition to Revoke Probation and all other statutorily required documents were properly served on ReSpondent on November 12, 2014, Respondent timely ?led his Notice of Defense contesting the Accusation and Petition to Revoke Probatidn. 5. A copy of Aceusation and Petition to Revoke Probation N0. 800-2014-006029 is attache? as Eirhibit A and is incorporated herein by reference. ADVISEMENT AND 6. Respondent has carefully read, fully discussed with counsel, and understands the charges and allegations in Accusation and Petition to Revolte Probation No. 800?2014?006029. Respondent has also carefully read, fully discussed with counsel, and understands the effects of this Stipulated Settlement and Disciplinary Order. 7. Respondent is fully aware of his legal rights in this matter, including the right to a hearing on the charges and allegations in the Aceusation and Petition to Re?voke Probation; 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 subpoenas to compel the attendance 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. 8. ReSandent voluntarily, knowingly, and intelligentlv waives and gives up each and every right set forth above. . 2 STIPULATED SETTLEMENT AND 012nm: 4; CULPABILITY 9. Respondent understands and agrees that the charges and allegations in Aceusation and Petition to Revolce Probation No. 800-2014?006029 constitute cause for imposing discipline upon his Physician's and Surgeon?s Certi?cate. I 10.. 'For the purpose of resolving the Aecusation without the expense and uncenainty of further proceedings, Respondent agrees that, at a hearing, Complainant could establish a factual basis for the charges in the Aceusation, and that Respondent hereby gives up his right to contest those charges. 11. Respondent agrees that his Physician?s and Surgeon's Certi?cate is subject to discipline, and he agrees to be bound by the Board's imposition of discipline as set forth in the Disciplinary Order below. 12. The admissions made by Respondent herein are only for the purposes of this proceeding, or any other proceedings in which the Medical Board of California or other professional licensing agency is involved, and shall not be admissible in any other criminal or civil proceeding. CONTINGENCY 13. This stipulation shall be subject to approval by the Medical Board of California. Respondent understands and agrees that counsel for Complainant and the staff of the Medical Board of California-may communicate directly with the Board regarding this stipulation and settlement, without notice to or participation by Respondent or his counsel. By signing the stipulation, Respondent understands and agrees that he may not withdraw his agreement or seek to rescind the stipulation prior to the time the Board considers and acts upon it. If the Board fails to adopt this stipulation as its Decision and Order, the Stipulated Settlement and Disciplinary I aragraph, it shall be in or iissible in any legal action between the parties, and the Board shall not be disquali?ed from further action by having considered this matter. 3 ii FIFTTI ANH 12V HDHIJD (mm on? nn?nom Ix) U1 10 ll Li] rO?t 28 l4. . The parties understand and agree that Portable Document Format (PDP) and facsimile copies of this Stipulated Settlement and Disciplinary Order, including Portable Document Format (PDF) and facsimile signatures thereto, shall have the same force and effect as the originals. 15, In consideration of the foregoing admissions and stipulations, the parties agree that the Board may, without further notice or formal proceeding, issue and enter the following Disciplinary Order: DISCIPLINARY ORDER IT IS HEREBY ORDERED that Physician?s and Surgeon's Certificate No. A 50381 issued to Respondent shall be and is hereby Publicly Reprimanded pursuant to California Business and Professions Code section 2227, subdivision This Public Reprimand, which is issued in connection with the Accusation and Petition to Revoke Probation No. 800-2014-006029 is as tollows: Between February 1, 2014 and March 1, 2014, Respondent practiced?medicine without a-valid, tmrevoked, or unsuspended certi?cate, in violation of Business and Professions Code section 205 2, and in violation of terms and conditions of his probation in the Decision entered in In the Matter oft'he Accusation Against Phillip Chung Pi! Paik, D, Case No. 06-2004? 161214. 1. CLINICAL TRAINING PROGRAM Condition Precedent. Within 60 calendar days of the effective date of this Decision, Respondent shall enroll in a clinical training or educational program equivalent to the Physician Assessment and Clinical Education Program (PACE) offered at the University of California - San Diego School of Medicine (?Program?). Respondent shall successfully complete the Program not later than six months after Respondent?s initial enrollment unless the Board or its designee agrees in writing to an extension of that time. The Program shall consist of a comprehensive assessment program comprised of a two-day assess nent of l? espondent?s physical and mental health; basic clinical and communication skills common to all clinicians; and medical knowledge, skill and judgment pertaining to Respondent?s area of practice in which Respondent was alleged to be de?cient, and at minimum, a 40-hour program of clinical education in the area of practice in which Respondent was alleged to be 4 STIPHLATFD AND DIRCTPI ORDER de?cient and which takes into account data obtained from the assessment, Decisions, Accusations and Petition to Revoke Probation, and any other information that the Board or its designee deems relevant. Respondent shall pay all expenses associated with the clinical training program. Based on Respondent?s performance and test results in the assessment and clinical education, the Program-will advise the Board or its designee of its recommendation(s) for the scope and length of any additional educational or clinical training, treatment for any medical condition, treatment for any condition, or anything else affecting Respondent?s practice of medicine. Respondent shall comply with Program recormnendations. At the completion of any additional educational or clinical training, Respondent shall submit to and pass an examination. Determination as to whether ReSpondent successfully completed the examination or successfully completed the program is solely within the program?s 4 jurisdiction. Respondent shall not practice medicine until he has successfully completed the Program and has been so notified by the Board or its designee in writing, except that Respondent may practice in a clinical training program approved by the Board or its designee. Respondent?s practice of medicine shall be restricted only to that which is required by the approved training program. 2. PROBATION COMPLIANCE. The Decision in In the Matter of the Accusation Against Phillip Chung-Pi! Park. MD, Case No. 06?2004-161214, as contained in Exhibit A, shall remain in full force and effect. 17/ 5 RFTTI AND RV ORDER ACCEPTANCE I haye carefully read the above Stipulated Settlement and Disciplinary Order and have fully discussed it with my attorney. Kevin D. Cauley. I understand the stipulation and the effect it yyill have on my Physician's and Surgeon's Certificate. I enter into this Stipulated Settlement and Disciplinary Order voluntarily. knowingly. and intelligently. and agree to be bound by the Decision and Order of the Medical Board ofCalifornia. DATED: PHILLEP CHL Respondent have read and fully discussed with Respondent Phillip Chung Pil Pailc. MD. the terms and conditions and other matters contained in the above Stipulated Settlement and Disciplinary Order. I approve its form and content. DATED: KEVIN D. Campy Attorney for Respondent ENDORSEMENT The foregoingr Stipulated Settlement and Disciplinary Order is hereby respectfully submitted for consideration by the Medical Board ofCal?ifornia. ReSpectt?ully submitted. KAMALA D. HARRIS Attorney General ofCalifornia ROBERT MCKIM BELL Superv'sing Deputy Attor Jay General Deputy Attorney General Attorireysjor C(mrpt?afmmr LA20146134l-l 6 SETTLEMENT DISCIPLINARY ORDER (800-3014~006039) ?4 MEQEP AM i have carefully read the above Stipulated Settlement and Disciplinary Order and have fully discussed it with my attorney. Kevin D. Cauley. i understand the stipulation and the effect it will have on my Physician's and Surgeon's Certi?cate. i enter into this Stipulazed Settlement and Disciplinary Order voluntarily. knowingly, and intelligently. and agree to be bound by the Decision and Order ofthe Medical Board of California. DATED: 2 "20 lg owl/?cjp?g? PHILLIP we PIL PAIK. M.D. Responde i have read and fully discussed with Respondent Phillip Chung Pil Paik. MD. the terms and conditions and other matters contained In the above Stipui ated Settlement and Disciplinary Order. I approxie its form and content. DATED: IS Qua/f KEVIN D. CAULEY Attorney Respondent/ E), The foregoing Stipulated Settlement and Disciplinary Order is hereby IeSpeetfully submitted for consideration by the Medical Board of'Cnlifornia. Dated: Respectfully submitted. KAMALA D. HARRIS Attorney General ofCalit?omia ROBERT MCKIM BELL Supervising Deputy Attorney General Persons BRADFORD TARWATER Deputy Anomey General Arrorneysfor Complainant LAZOidt?Ii34i4 6 STIPULATED SETTLEMENT AND ORDER (800-2014-006029) Exhi it A FILED OF CAUFORMA D. HARRIS - BOARD OF CALIFORNIA Attorney General of California SACWENTOW ROBERT MCKE BELL BY ANALYST Supervising Deputy Attorney General PEGGIE BRADFORD TARWATER Deputy Attorney General State Bar No. 169127 California Department of Justice 300 South Spring Street, Suite 1702 Los Angeles, CA 90013 Telephone: (213) 620-6068 Facsimile: (213) 897-9395 E?mail: Peggie.Tarwater@doj .ca. gov . Atromeysfor Complainant BEFORE THE MEDICAL BOARD OF CALIFORNIA DEPARTDIIENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter of the Accusation and Petition to Case No. 800-2014?006029 Revolte Probation Against: PHILLIP CHUNG PIL PAIK, MD. ACCUSATION AND PETITION TO 11660 Scripps Lake Drive REVOKE PROBATION San Diego, California 92131?2364, Physician's and Surgeon's Certi?cate A 50381, Respondent. Complainant alleges: we 1. .Kirnberly (?Complainant?) brings this Accusation and Petition to Revoke Probation solely in her of?cial capacity as the Executive Director of the Medical Board of California (?Board?). 2. On January 28, 1992, the Board issued Physician?s and Surgeon's Certi?cate (?Certi?cate?) number A 50381 to Phillip Chung Pil Paik, MD. (?Respondent?); On January 31, 2008, ReSpondent?s Certi?cate became delinquent. On February 3, 2013, Respondent renewed his Certi?cate. The Certi?cate was in effect at all times relevant to the charges brought herein, 1 Accusation and Petition to Revoke Probation [0 LI.) except as speci?cally noted in this Accusation and Petition to Revoke Probation, and will eXpire on January 31, 2016, unless renewed. DIS CIPLINARY HISTORY 3. By Decision dated October 23, 2006, and effective November 22, 2006, ?In the Matter office Accusation Against Phillip Chung Pi! Paik, Case No. 06?2004-161214 (the ?2006 Decision?), the Board revoked Respondent?s Certi?cate to practice medicine. The revocation was stayed, and Respondent?s Certi?cate was placed on probation for a period of seven (7) years, with certain terms and conditions. A true and correct copy of the Decision is attached hereto as Exhibit A. JURISDICTION 4. This Accusation and Petition to Revoke Probation is brought before the Board under the authority of the following laws. 5. Business and Professions Code section 2004[ states: ?The board shall have the reSponsibility for the folloWing: The enforcement of the disciplinary and criminal provisions of the Medical Practice Act. The administration and hearing of disciplinary actions. Carrying out disciplinary actions appropriate to ?ndings made by a panel or an administrative law judge. Suspending, revoking, or otherwise limiting certi?cates after the conclusion of disciplinary actions. C: 6. Section 2227 of the Code provides that a licensee who is found guilty under the Medical Practice Act may have his or her license revoked, suspended for a period not to exceed one year, placed on probation and required to pay the costs of probation monitoring, or such other action taken in relation to discipline as the Board deems proper. I All statutory references are to the Business and Professions Code, unless otherwise indicated. Accusation and Petition to Revolce Probation L1.) U) 10- ix) 7. 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: Violating or attempting to violate, directly or indirectly, assisting in or abetting the violation of, or conspiring to violate any provision of this chapter. r; 8. Section 2021 of the Code requires that each licensee ?report to the board each and - every change of address within 30 days after each change, giving both the old and new address.? 9. Section 2052 of the Code states: Notwithstanding Section 146, any person who practices or attempts to practice, or who advertises or holds himself or herself out as practicing, any system or mode of treating the sick or af?icted in this state, or who diagnoses, treats, operates for, or prescribes for any ailment, blemish, deformity, disease, dis?gurement, disorder, injury, or other physical or mental condition of any person, without having at the time of so doing a valid, unrevoked, or unsuspended certificate . . . or without being authorized to perform the act pursuant to a certi?cate obtained in accordance with some other provision of law, is guilty of a public offense, punishable by a ?ne not exceeding ten thousand dollars by imprisonment in the state prison, by imprisonment in a countyjail not exceeding one year, or by both the ?ne and either imprisonment. The remedy provided in this section shall not preclude any other remedy provided by law. 10. Section 118, subdivision of the- Code states: ?The suspension, expiration, or forfeiture by operation of law of a license issued by a board in the department, or its suspension, forfeiture, or cancellation by order of the board or by order of a court of law, or its surrender without the written consent of the board, shall not, during any period in which it may be renewed, restored, reissued, or reinstated, deprive the board of the 3 Accusation and Petition to Revoke Probation? l1.) LJJ authority to institute or continue a disciplinary proceeding against the licensee upon any ground .- provided bylaw or to enter an order suspending or revoking the license or otherwise taking disciplinary action against the licensee on any such ground.? ll. As also provided in the Decision, Probation Condition 19 provides: ?Failure to fully comply with any term or condition of probation is a violation of probation. If respondent violates probation in any respect, the Division, after giving reSpondent notice and the opportunity to be heard, may revoke probation and carry out the disciplinary order that was stayed. If an Accusation, Petition to Revoke Probation, or an Interim Suspension Order is filed against reSpondent during probation, the Division2 shall have continuing jurisdiction until the matter is final, and the period of probation shall be extended until the matter is final.? FIRSTC use FOR 31 sort: LINE (Practicing Medicine Without a Valid License.) 12. Respondent is subject to disciplinary action tuider section 2052 of the Code, which prohibits the practice of medicine without a valid, unrevoked, or unsuspended certi?cate. The circumstances are as follows: l3. Probation Condition 4, ?Professional Boundaries Program,? as set forth in the Decision, provides: ?Within 60 calendar days from the effective date of this Decision, respondent shall enroll in aprofessional boundaries prog r,arn at respondent expense equivalent to the Professional Boundaries Pro gram Physician Assessment and Clinical Education Program at the University of California, San Diego School of Medicine (?Program?). Respondent, at the Program?s discretion, shall undergo and complete the Pro grarn?s assessment of respondent?s competency, mental health ands?or performance, and at minimum, a 24 hour program of interactive California Business and Professions Code section 2002 ,as amended and effective January 1,2008, provides that, unless otherwise expressly provided, the term ?[B]oard? as used 1n the Medical Practice Act refers to the Medical Board of California. References to the ?Division of Medical Quality" and ?Division of Licensing? set forth in the Medical Practice Act are also referable to the Medical Board of California. Accusation and Petition to Revoke Probation l?xJ' Ls.) U1 education and training in the area of boundaries, which takes into account data obtained from the assessment and from the Decision(s), Accusatioan) and any other information that the Division or its designee deems relevant. The Program shall evaluate reapondent at the end of the training and the Program shall provide any data from the assessment and training as well as the results of the evaluation to the Division or its designee. ?Failure to complete the entire Program not later than six months after respondent?s initial enrollment shall constitute of a violation of probation unless the Division or its designee agrees in writing to a later time for completion. Based on respondent?s performance in and evaluations from the assessment, education, and training, the Program shall advise the Division or its designee of its recommendation(s) for additional education, training, and other measures necessary to ensure that respondent can practice medicine safely. Respondent shall comply with Program recommendations. At the completion of the Program, respondent shall submit to a ?nal evaluation. The Program shall provide the results of the evaluation to the Division or its designee'. ?The Pro grarn?s determination whether or not respondent successfully completed the Program shall be binding. ?Failure to participate in and complete successfully all phases of the Program, as outlined above, is a violation of probation. ?Respondent shall not practice medicine until respondent has successfully completed the Program and has been so notified by the Division or its designee in writing.? (Emphasis added.) 14. On or about November 16, 2006, Respondent advised the Board that he was leaving California to serve as a medical missionary, as he put it, ?fulltime [for the] rest of my life.? I 15. On February 11, 2013, the Board mailed to Respondent, at his address of record, a letter reminding him that he was suspended from the practice of medicine until certain conditions of probation had been met. I i 16. On or about August 8, 2013, the Board mailed to Respondent, at his address of record, another letter reminding him that he was suspended from the practice of medicine until certain conditions of probation had been met. Accusation and Petition to Revoke Probation . DJ l7. ReSpondent practiced as a physician at a practice in Los Angeles owned by Dr. Y.H., Ml), from approximately February 1, 2014, through March 1, 2014. 18. Prior to engaging in the practice of medicine, Respondent did not complete the Professional BoundariesProgram as required in Probation Condition 4. 19. Between February 1, 2014 and March 1, 2014, Respondent practiced medicine without a valid, unrevoked, or unsuspended certificate, in violation of section 2052 of the Code. Therefore, cause for .discipline exists. SECOND CAUSE FOR DISCIPLINE (Failure to Notify Board of Address Change) 20. ReSpondent is subject to disciplinary action pursuant to section 2021, subdivision of the Code, which requires that a licensee notify the Board of each and every change of address within 30 days of the change. The circumstances are as f?llows: 21. At the time the Decision became effective, Respondent?s address of record was 7750 Dagget Street, Suite 108, San Diego, California 92111. I 22'. On or about February 21, 2007, the Board mailed to Respondent, at his address of record, a letter indicating Respondent needed to immediately notify the Board of any changes to his residence or business address. 23. The Board subsequently mailed multiple letters to Respondent at his address of record, reminding him of the need to notify the Board of any address changes and to notify the Board should he decide to reside or practice in California. The letters were dated February 28, 2007, July 12, 2007, July 3, 2009, June 10, 2011, June 27, 2012, February 11, 2013, and August 8,2013. 24.. The June 10, 2011, June 27, 2012, and August 8, 2013, letters to Respondent were returned to the Board as undeliverable. I I 25. On or about October 3, 2013, Respondent updated'his address of record to a Los Angeles, California, location at which his mother lived, but he did not. I Accusation and Petition to Revoke Probation L2.) UI LII 26. Respondent failed to report to the Board each and every change of address within 30 daysafter each change, as required by section 2021 of the Code. Therefore, cause for discipline exits. FIRST CAUSE TO REVOKE PROBATION (Failure to Complete Professional Boundaries Course) 27. At all times after the effective date of the 2006 Decision, on November 22, 2006, ProbationCondition 4 prohibited Respondent from practicing medicine until he successfully completed a Professional Boundaries Program, as set forth in paragraph 12 above? - 28. Respondent?s probation is subject to revocation because he failed to comply with Probation Condition 4. Respondent failed to successfully complete the Professional Boundaries Program prior to engaging in the practice, of medicine in the State of California. The facts and circumstances are as follows: 29. The allegations in?paragraphs 12 through 19 are incorporated herein as if fully set forth. I 30. Respondent violated Probation Condition 4, and cause forrevocation exists. SECOND CAUSE TO REVOKE PROBATION (Failure to Notify Probation Unit of Business and Residence Address) 31. At all times after the effective date of the 2006 Decision, on November 22, 2006, Probation Condition 14, ?Probation L'niit Compliance,? provided: ?Respondent shall comply with the Division?s probation unit. Respondent shall,at all times, keep the Division informed of respondent?s business and residence addresses. Changes of such addresses shall be immediately communicated in writing to the Division or its designee. . . 32. Respondent?s probation is subject to revocation because he failed to comply with Probation Condition 14. Respondent failed to keep the probation unit informed of his business and residence addresses. The facts and circumstances are as follows: 33. The allegations in paragraphs 20 through 26 are incorporated herein as if fully set forth. 34, Respondent violated Probation Condition 14, and cause for revocation exists. 7 Accusation and Petition to Revoke Probation I U: U.) \lox THIRD CAUSE TO REVOKE PROBATION (Failure to Notify of Return'to State of California) 35. At all times after the effective date of the 2006 Decision, on November 22, 2006, I Probation Condition 16, ?Residing or Practicing provided: ?In the event respondent should leave the State of California to reside or to practice respondent shall notify the Division or its designee in writing 30 calendar days prior to the dates of departure and return.? 36. Respondent?s probation is subject to revocation because he failed to comply with Probation Condition 16. He failed to notify the Division in Writing 30 calendar days prior to his date of return to California. The facts and circumstances are as follows: 37. On or about November 16, 2006, Respondent advised the Board that he was leaving California to serve as a medical missionary ?fulltirne [for the] rest of my life.? 38. The Board mailed multiple letters to Respondent at his address of record, reminding him of the need notify of any address changes and to notify the Board should he decide to reside or practice in California. The letters were dated February 28, 2007, July 12, 2007, July 3, 2009, June 10, 2011, June 27, 2012, February 11,2013, and August 8, 2013. 39. Respondent returned to California on or about December 20, 2013. 40. Respondent practiced as a physician in the State of California from approximately February 1, 2014, through March 1, 2014. 41. ReSpondent did not notify the Division 30 days prior to his return to California andJor 30 days prior to his return to practice. 42. Respondent violated Probation Condition 16, and cause for revocation exists. FOURTH CAUSE TO REVOKE PROBATION (Failure to use Third Party Chaperone) 43. At all times after the effective date of the 2006 Decision, on November 22, 2006, Probation Condition 7, ?Third Party Chaperone," provided: . ?During probation, respondent shall have a third party chaperone present while consulting, examining or treating female patients. Respondent shall, within 30 calendar days of the effective 8 Accusation and Petition to Revoke Probation date of the Decision, submit to the Division or its desig ee for prior approval name(s) of persons who will act as the third party chaperone. ?Each third party chaperone shall initial and date each patient medical record at the time the chaperone?s services are provided. Each third party chaperone shall read the Decision(s) and the Accusation(s), and fully understand the role of the third party chaperone. ?Respondent shall maintain a log of all patients seen for whom a third party chaperone is required. The log shall contain the: 1) patient name, address and telephone number; 2) medical record number; and 3) date of service. . . ..Failure to maintain a log of all patients requiring a third party chaperone, or to make the log available for immediate inspection and copying on the premises, is a Violation of probation. 44. Respondent?s probation is subject to revocation because he failed to comply with Probation Condition 7, which required the use of a third party chaperone. The acts and circumstances are as f?lloWs: . 45. During Respondent?s absence from California, and in accordance with Probation Condition 16, Respondent was relieved of the responsibility to comply with the third-party chaperone requirement of Probation Condition 7; however, upon his return to California, on or about December 20, 2013, Respondent was again required to comply with Probation Condition 7. 46. Respondent practiced as a physician at a practice owned by Y.H., M.D., located in Los Angeles, California, from approximately February 1, 2014, through March 1, 2014. During that time, Respondent treated two female patients. I 47. Within 30 days of his return to California andr?or prior to treating female patients: Respondent did not submit to the Board for prior approval name(s) of persons who would act as the third party chaperone; and/or (13) Respondent did not utilize an approved third party chaperone during the treatment of the two female patients; and/or Respondent did not maintain a log of the patients for whom an approved third party chaperone was required. 48. Respondent violated Probation Condition and cause for revocation exists. 9. Accusation and Petition to Revoke Probation LJJ IQ is.) 4; Lu U) 27 28 FIFTH CAUSE TO REVOKE PROBATION (Failure to use Practice Monitor) 49. At all times after the effective date ofthe 2006 Decision, on November 22, 2006, Probation Condition 8, ?Monitoring Practice,? provided: ?Within 30 days of the effective date of this Decision, respondent shall submit to the Division or its designee for prior approval as a practice monitor, the name and quali?cations of one-or more licensed physicians and surgeons whose licenses are valid and in good standing . . . . 13? ?Within 60 calendar days of the effective date of this Decision, and continuing throughout probation, respondentis practice and billing shall be monitored by the approved monitor. Respondent shall make a11 records available for immediate inspection and co yin premises by the monitor at all times during business hours and shall retain the records for the entire term of probation. I ?The monitor(s) shall submit a quarterly written report to the Division or its designee which includes an evaluation of respondent?s performance, indicating whether respondent?s practices are within the standard of practice of medicine and whether respondent is practicing medicine safely. ?It shall'be the sole reSponsibility of respondent to ensure that the monitor submits the quarterly written reports to the Division or its designee within 10 calendar days after the end of the preceding quarter. ?Failure to maintain all records, or to make all appropriate records available for immediate inSpeCtion and cepying on the premises, or to comply with this condition as outlined above is a violation of probation.? 50. Respondent?s probation is subject to revocation because he failed to comply with Probation Condition 8, requiring a practice monitor. The facts and circumstances are as follows: 5 l. During Respondent?s absence from California, and in accordance with Probation Condition 16, Respondent was relieved of the responsibility to comply with the practice monitor 10 Accusation and Petition to Revoke Probation D) "1'7 23 24 requirement of Probation Condition 8; however, upon his return to California, on or about December 20, 2013, Respondent was again required to comply with Probation Condition 8. 52. Respondent practiced as a physician at a practice owned by Yl-l, MID, located in Los Angeles, California, from approximately February 1, 2014, through March 1, 2014. 53. Within 30 days of his return to California and/or prior to treating patients: - Respondent did not submit to the Board for prior approval the name and quali?cation of proposed any proposed practice monitor; and/or (bl espondent did not subject his practice to a practice or billing monitor. 54. ReSpo?ndent violated Probation Condition 8, and cause for revocation exists. SIXTH CAUSE TO REVOKE PROBATION (Failure to Notify of Decision and ACcusation) 5 LJ) At all times after the effective date ofthe 2006 Decision, on -lovember 22, 2006, Probation Condition 10, ?Noti?cation,? provided: ?Prior to engaging in the practice of medicine the respondent shall provide a true copy of the Decision [and] Accusation facility where respOndent engages in the practice of medicine, including all physician and locum tenens registries or other similar agencies, and to the Chief Executive Officer at every insurance carrier which extends malpractice insurance coverage to respondent. ReSpondent shall submit proof of compliance to the Division or its designee within 15 calendar days. a ,2 56. ReSpondent?s probation is subject to revocation because he failed to comply with Probation Condition 10, notification. The facts and circumstances are as follows: 57. Respondent practiced as a physician at a practice owned by Y.H., M.D., located in Los Angeles, California, from? approximately February 1, 2014, through March 1, 2014. 58. Respondent failed to provide a true copy ofthe 2006 Decision and Accusation to Y.H., MD. and/?or failed to submit proof of compliance to the Board within 13 calendar days. 59. Respondent?violated Probation Condition 10, and cause for revocation exists. 11 Accusation and Petition to Revoke Probation LJJ (JI PRAYER Complainant requests that a hearing be held on the matters herein alleged, and that following the hearing, the Board issue a decision: 1. Revolcing the probation that was granted by the Medical Board of California in Case No. 06?20041-1671214 and imposing the disciplinary order that was stayed thereby revoking Physician's and Surgeons Certificate No. A 50381 issued to ReSpondent. 2. Revoking or suspending Physician's and Surgeons Certi?cate Number A 50381, issued to Respondent. 3. Revoking, suspending or denying approval of Respondent?s authority to supervise physician assistants, pursuant to section 35 27 of the Code; 4. Ordering Respondent, if placed on probation, to pay to the Board the costs of probation monitoring; 3. Taking such other and further action as deemed necess an proper. A 5/5 1 DATED: Hovember 12. 20M, Hf, KMBERLY KROHMEYER Executive Dire/ctor Medical Board of California Department of Consumer Affairs State of California Complainant LA2014613414 12 Accusation and Petition to Revoke Probation Exhibit A BEFORE THE DIVISION OF QUALITY MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter of the Accusation Against: Phillip Chung Pil Paik, MD. File No. 06-2004?161214 Physician?s and Surgeon's Certificate No. A 50381 Respondent DECISION The attached Proposed Decision 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 pm. on Houembe; 22, zone SO ORDERED Untober 23, 2005_ MEDICAL BOARD OF CALIFORNIA 4% VA- Cesar A. Aristeiguieta, Chair, Consolidated Panel Division of Medical Quality m9 BEFORE THE DIVISION OF MEDICAL QUALITY MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA 1n the Matter of the Accusation Against: Case No. 06-2004-161214 PHILLIP CHUNG PIL PAIK, 7750 Dagget Street, Suite 108 OAH NIB-12006011019 San Diego, California 92111 Physician and Surgeon?s Certi?cate No. A 50381, Resoondent. PROPOSED DECISION This matter was heard by Humberto Flores, Administrative Law Judge, O?ice of Administrative Hearings. on June 19 through 22 2006, in Los Angeles, Califomia. Deputy Attorney General Gloria L. Castro represented complainant. Robert B. Zaro, Attorney at Law, represented Phil1ip Chung Pil Paik, M.D. (respondent). Respondent was present throughout the hearing. Oral and documentary evidence was received and the matter was submitted for decision. FACTUAL FINDINGS On December 7, 2005, David T. Thorton made and ?led the Accusation in his official capacity as Executive Director of the Medical Board of California, Department of Consumer Affairs.? 2. On January 28, 1992, the Medical Board of California issued Physician and Surgeon?s Certificate No. A 50381 to respondent.,The certificate was in fuii force and effect at all times relevant to the Accusation. - 3. On August 1, 200:3, in the?Superior Court of California, County ofLos Angeles, in case number 43B0973 7, respondent entered a plea of nolo contendere to one count charging a violation of Business and Professions Code section 729, subdivision sexual exploitation by a physician a misdemeanor. Judgment was entered and imposition of sentence was suSpended, Respondent was placed on probation for two cyears on certain conditions whereby respondent was ordered to pay a fine of $1 755 .00 and perform 100 hours of community service. 4. The inci ee- 11-. underlying the conviction occurred on September 14,2004. Patient L. C. arrived at respondent?s office at approximately 51:00 p. m. to have sutures removed after undergoing an eyelash t1 ansplant. After respOndent removed the sutures, he and the patient walked to the reception area where respondent asked if the patient had undergone any other cosmetic surgery proc edures. The tient answered that she had previously undergone a breast implant procedure and was interested 1n liposuction tor her abdominal area. Respondent replied that he had been trained in liposuction and offered to perform a pre- liposuction examination. Respondent and the patient returned to the examination room. Respondent began the. examination by performing a ?pinch test? on various parts of the patient 5 body to determine the amount of fat that could be suctioned in a liposuction proced are. At some point during the examination, respondent asked if he could see and touch the patient 5 breasts because of respondent 5 ?professional curiosity? regarding her . breast implants. The patr ent agreed. At some point during the ex mination, reSpondent became sexually aroused. He nevertheless continued the examination, and when he completed it, respon1 ent told the patient ?I?m so stimulated.? The patient became offended, put her clothes on and walked out of respondent?s office. .Respondent realized that he had crossed ethical boundaries and immediately apologized to the patient. Further, respondent admitted his inappropriate conduct to local and state authorities. 6. Respondent sought counseling and underwent and evaluations prior to the hearing in this matter. The experts Who testi?ed at the hearing opined that respondent is not a sexual predator or sexualaddict because he does not habitually or compulsi vely encage in sexual conduct for self gratification. Further, there is no evidence that reapondent has a history of manipulating others for sexual gratification. Finally, re spondent does not have a history of engaging in other activities, 2which may give an indication of sexual addiction. The undersigned found the experts to be well quali?ed and credible in their testimony. Their testimony is supported by respondent?s reCord of practicing for 14 years with no previous record of discipline or prior complaints of sexual misconduct. 1 The appointment was schedulec for 5.00 p. m. a? -the patient 5 request to accommoda; ner work schedule 2 These activities may include with pornography, prostitution, escort sei vices, strip clubs aid voyeurism. 4 7. Respondent is remorseful and ashamed of his conduct. He informed his Wife of his misconduct, and although she was shocked, angered and hurt, she remains supportive. 8. espondent received a Master of Divinity from Princeton Theological Seminary in 1981. He is also an ordained minister and is extremely active in his church. In addition, throughout his medical career respondent has donated time and medical services to the poor in different countries. In fact, he participated in 28 medical missions through his church. This included travel to third world countries where he provided medical services to people who were underserved or did not have professional medical care in their communities. COSTS OF INVESTIGATION AND ENFORCEIVIENT 9. Complainant recueSZed that respondent be ordered to pay reasonable costs of investigation and enforcement pursuant to Business and Professions Code ection 125.3. However, complainant did not present evidence to support this request. DISCUSSION As noted above, respondent became sexually aroused at some point during the liposuction examination of the patient. Respondent should have stOpped the examination immediately upon feeling aroused, but he continued to perform the examination and thereafter made inappropriate sexual remarks that upset the patient. Since the patient had indicated tha: she was interested in liposuction in her abdominal area, respondent?s liposuction examination should have been limited to that area. By going beyond the abdominal ea during the examination, continuing the examination after feeling sexually aroused, and making inappropriate statements such as feel stimulated,? respondent crossed ethical boundaries and violated Business and Professions Code sections 726 and 729, subdivision Further, respondent?s con-duct during the liposuction examination was unprofessional under Business and Professions Code section 2234, Subdivision LEGAL CONCLUSIONS 1. Cause exists to suspend or revoke respondent?s physician and surgeon?s certificate for unprofessional conduct under Business and Professions Code section 2236, based on respondent?s conviction set fonh in Factual Finding 3. 2. Cause exists to suspend or revoke respondent?s physician and surgeon's certificate for unprofessional conduct under Business and Professions Code section 726, based on Factual Findings 3 and 4, and the Discussion section of this decision. 3. Cause exists to suspend or revoke respondent?s physician and surgeon?s certi?cate for unpro essional conduct under Business and Professions Code section 2234, subdivisions based on Factual Findings 3 and 4, and the Discussion section of this decision. 4. - Although respondent is guilty of inappropriate sexual conduct with patient L.C.-, the evidence did not establish that respondent is a sexual predator. This does not excuse respondent?s conduct with the individual patient. But it is a factor to consider in determining the apprOpriate discipline in this case. Consideration is also given to respondent?s prior record as physician, his service to his church and the community, and his participation in medical missions where he provided medical care to the un erserved. Based on the entire record, revocation 53' 'ed with a significant suspension and strict probationary conditions is the appropriate discipline in this case. 5. Cause does nor exist to order respondent to pay costs of investigation and enforcement under?Bus'iness and Professions Code section 125.3, based on Factual Finding 10. ORDER ertificate No. A 5033 l, issued to respondent Phillip Chung Pii Paik, M.D., is revoked pursuant to Legal Conclusions lthrough 3. However, the revocation is stayed and respondent is placed onprobation for seven (7) years upon the following terms and conditions: 1. Actual Suspension As part of probation, respondent is suspended from the practice of medicine for 60 days beginning sixteenth (16th) day after the effective date of this decision.- 2. Education Course Within 60 calendar days of the effective date of this Decision, and on an annual basis thereafter, reSpondent shall submit to the Division or its designee for its prior approval educational program(s) or course(s) which shall not be less than 40 hours per year, for each year of probation. The educational program(s) or course(s) shall be aimed at correcting any areas of deficient practice or knowledge and shall be Category I certified, limited to classroom, conference, or seminar settings. The educational program(s) or course(s) shall be at respondent?s expense and shall be inaddition to the Continuing Medical Education (CMSE) requirements for renewal of licensure. Following the completiOn of each course, the Division or its designee may administer an examination to test respondent?s knowledge of the course. ReSpondent shall provide proof of attendance for 65 hours of CME of which 40 hours were in satisfaction of this condition. 3. Ethics Course Within 60 calendar days of the effective date of this Decision, respondent shall enroll in a course in ethics, at respondent?s eXpense, approved in advance by the Division or its designee. Failure to successfully complete the course during the ?rst year of probation is a violation of probation. An ethics course taken after the acts that gave rise-to the charges in the Accusation, but prior to the effective date of the Decision may, in the sole discretion of the Division or its designee, be accepted towards the ful?llment of this condition if the course would have been approved by the Division or its designee had the course been talten after the effective date of this Decision. Respondent shall submit a certi?cation of successful completion to the Division or its designee not later than 15 calendar days after successfully completing the course, or not later than 15 calendar days after the effective date of the Decision,.whichever is later. 4. Professional Boundaries Program Within 60 calendar days from the effective date of this Decision, respondent shall emoll in a professional boundaries program, at respondent?s expense, equivalent to the Professional Boundaries Program, Physician Assessment and Clinical Education Program at the University of California, San Diego School of Medicine (?Program?). Respondent, at the Program?s discretion, shall undergo and complete the Program?s assessment of respondent?s competency, mental health and/or performance, and at minimum, a 24 hour program of interactive education and training in the area of boundaries, which takes into accountdata obtained from the assessment and from the Decision(s), Accusation(s) and any other information that the Division or its designeedeems relevant. The Program shall evaluate respondent at the end of the training and the Program shall provide any data from the assessment and training as well as the results of the evaluation to the Division or its designee. Failure to complete the entire Program notlater than six months after respondent?s initial enrollment shall constitute a violation of probation unless the Division or its designee agrees in writing to a later time for completion. Based on respondent?s performance in and evaluations from the assessment, education, and training, the Program shall advise the Division or its designee of its recommendation(s) for additional education, training, and other measures necessary to ensure that respondent can practice medicine safely. Respondent shall comply with Program recommendations. At the completion of the Program, respondent shall submit to a ?nal evaluation. The Program shall provide the results of the evaluation to the Division or its designee. The Program?s determination whether or not respondent successfully completed the Program shall be binding. Failure to participate in and complete successfully all phases of the Program, as outlined above, is a violation of probation. Respondent shall not practice medicine until respondent has successfully completed the Program and has been so notified by the Division or its designee in writing. 5. Evaluation Within 30 calendar days of the effective date of this Decision, and on a whatever periodic basis thereafter may be required by the Division or its? designee, respondent shall undergo and complete a evaluation (and testing, if deemed necessary) by a'Division?appointed board certified who shall consider any information provided by the Division or designee and any other information the deems relevant, and shall furnish a written evaluation report to the Divisidn or itsdesignee. evaluations conducted prior to the effective date of the Decision shall not be accepted tow ards the fulfillment of this requirement. Respondent shall pay the cost of all evaluations and testing. Respondent shall comply vvith all restrictions or conditions recommended by the evaluating Within 15 caienda: days after being notified by the Division or its . designee. Failure to undergo. and complete a evaluation and testing, or comply with the required additional conditions or restrictions, is a violation of probation. 6. Within 60 calendar days of the effective date of this Decision, respondent shall submit to the Division or'its designee for prior approval the name and quali?cations of a board certi?ed or a licensed Who has a doctoral degree in and at least five years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders. Upon approval, respondent shall undergo and continue treatment, including any modificat' ions to the frequency of until the Division or its designee deems that no further 1s necessary. The shall consider any information provided by the Division or its designee and any other information the deems relevant and shall furnish a written evaluation, eport to the Division or its designee. Respondent shall coOperate in providing the any information and documents that the may deem pertinent. Respondent shall have the treating submit quarterly status reports to the Division or its designee. The Division or its designee may require espondent to undergo evaluations by a Division?appointed board certi?ed prior to the completion of probation, respondent is found to be mentally un?t to resume the practice of medicine without restrictions, the Division shall retain continuing jurisdiction over respondent?s license and the period of probation shall be extended until the Division determines that espondent is mentally fit to resume the practice of medicine without restrictions. Respondent shall pay the cost of all and evaluations. Failure to undergo and continue or comply with any required modification in the frequency of is a violation of probation. 7. Third Party Chaperone During probation, reSpondent shali have a third party chaperone present while consulting, examining or treating emale patients. ReSpo?ndent shall, within 30 calendar days of the effective date of the Decision, submit to the Division or its dcsi'gncc for prior approval name(s) of persons who will act as the third party chaperone. Each third party chaperone shall initial and date each'patient medical record at the time the chaperone?s services are provided. Each third party chaperone shall read the and the Accusation(s), and fully understand the role of the third party chaperone. Respondent shall maintain a log of all patients seen for whom a third party chaperone is required. The log shall contain the: 1) patient name, address and telephone number; 2) medical record number; and 3) date of service. Respondent shall keep this log in a separate file or ledger, in chronological order, shall make the log available for immediate inspection and copying on the premises at all times during business hours by the Division or its designee, and shall retain the log for the entire term of probation. Failure to maintain a log of all patients requiring a third party chaperone, or to make the log available for immediate inspection and copying on the premises, is a violation of probation. 8. Monitoring Practice Within 30 calendar days of the effective date of this Decision, respondent shall submit to the Division or its designee for prior approval as a practice monitor, the name and qualifications of one or more licensed physicians and surgeons whose licenses are valid and in good standing, and, who are preferably American Board of Medical Specialties (ABMS) certi?ed: A monitor shall have no prior or current business or personal relationship with respondent, or other relationship that could reasonably be expected to compromise the ability of the monitor to render fair and unbiased reports to tie Division, including but not li ited to LU 1.14 any form of bartering, shall be in respondent?s field of practice, and must agree to serve as respondent?s monitor. espondent shall pay all monitoring costs. The Division or its designee shall provide the approved monitor with copies of the Decision and Accusation, and a proposed monitoring plan. Within 15 calendar days of receipt of the Decision= Accusation, and preposed monitoring plan, the monitor shall submit a signed statement that the monitor has read the Decision and Accusation, fully un erstands the role of a monitor, and agrees or disagrees with the proposed monitoring plan. If the monitor disagrees with the proposed monitoring plan, the monitor shal'; submit a revised monitoring plan with the signed statement. - - Within 60 calendar days of the effective date of this Decision, and continuing throughout probation, reapondent?s practice and billing shall be monitored by the approved monitor. Respondent shall make all records available for immediate inspection and copying on the premises by the monitor at all times during business hours and shall retain the records for the entire term of probation. . The monitor(s) shall submit a quarterly written report to the Division or its designee which includes an evaluation of respondent?s performance, indicating whether respondent?s practices are within the standards of practice of medicine and whether respondent is practicing medicine safely. It shall be the sole reSponsibility of respondent to ensure that the monitor submits the quarterly" Written reports to the Division or its designee within 10 calendar days after the end of the preceding quarter, If the monitor resigns or is no longer available, respondent shall, within 5 calendar days of such resignation or unavailability, submit to the Division or its designee, for prior approval, the name and qualifications of a replacement monitor who will be msuming that responsibility within 15 calendar days. If respondent fails to obtain approval of a replacement monitor within 60 days of the resignation or unavailability of the monitor, respondent shall be suspended from the practice of medicine until a replacement monitor is approved and prepared to assume immediate monitoring responsibility. ReSpondent shall cease the practice of medicine within 3 calendar days after being so notified by the Division or designee. In lieu of a monitor, respondent may participate in a professional enhancement program equivalent to the one offered by the Physician Assessment and Clinical Education Program at the University of California, San Diego School of Medicine, that includes, at minimum, quarterly chart review, semi?annual practice assessment, and semi?annual review of professional growth and education. Respondent shall participate in the professional enhancement program at respondent?s expense during the term of probation. Failure to maintain all records, or to make all appropriate records available f-ar immediate inspection and copying on the premises, or to comply with t.is condition as outlined above is a violatiOn of probation. - 9. Prohibited Practice During probation, respondent is prohibited from performing pubic hair transplants on . female patients. After the effective date of this Decision, the ?rst time that_a patient seeking the prohibited services makes an appointment, respondent shall orally notify the patient that respondent does not perform pubic hair transplants on female patients._ Respondent shall maintain a log of all patients to whom the required oral notification was made. The log shall contain the: 1) patient?s name, address and phone number; patient?s medical record number, if available; 3) the full name of the person making the noti?cation; 4) the date the notification was made; and 5) a description of the notification given. Respondent shall keep this log in a separate tile or ledger, in chronological order, shall make the log available for immediate ins ection and c0pying on the premises at all times during business hours by the Division or its designee, and shall retain the log for the entire term of probation. Failure to maintain a log as defined in the section, or to make the log available for immediate inspection and copying on the premises during business hours is a violation of probation. In addition to the re uired oral notification, after the effective date of this Decision, the first time that a patient who seeks the prohibited services presents to respondent, respondent shall provide a written notification to the patient stating that respondent does not perform pubic hair transplants or. female patients. Respondent shall maintain a copy of the written notification in the patient?s tile, shall make the notification available for immediate inspection and copying on the premises at all times during business hours by the Division or its designee, and shall retain the notification for the entire term of probation._ Failure to maintain the written notification as defined in the section, or? to make the notification available for immediate inspection and copying on the premises during business hours is a violation of probation. '10. Noti?cation Prior to engaging in the practice of medicine the respondent shall provide a true copy of the Decision Accusation to the Chief of Staff or the Chief Executive Of?cer at every hospital where privileges or membership are extended to respondent, at any other facility where respondent engages in the practice of medicine, including all physician and loCum tenens registries or other similar agencies, and to the Chief Executive Of?cer at every insurance carrier which extends malpractice insurance coverage to respondent. Respondent shall submit proof of compliance to the Division or its desi?gnee within 15 calendar days. This condition shall apply to any change(s) in hospitals, other facilities or insurance carrier. 11L Supervision Assistants, During probation, respondent is prohibited from supervising physician assistants. 12. Obey All Laws espondent shall obey all federal, state and local laws, all rules governing the practioe of medicine in California and remain in full compliance with any court ordered criminal probation, payments, and other orders. 13. Quarterly Declarations espondent shall submit qua -erly declarations under penalty of perjury on forms provided by the Division, stating whether there has been compliance with all the conditions of probation. ReSpondent shall submit quar erly declarations not later than 10 calendar days after the end'of the preceding quarter. 14. Probation Unit Compliance Respondent shall comply with the Division?s probation unit. espondent shall, at all times, keep the Division informed of respondent?s business and residence ad resses. Changes of such addresses shall be immediately communicated in writing to the Division or its designee. Under no circumstances shall a post office box serve as an address of record, except as allowed by Business and Professions Code section 2021(b). Respondent shall not encage in the practice of medicine in respondent?s place of residence. Respondent shall maintain a current and renewed California physician?s and . surgeon?s license. Respondent shall immediately inform the Division or its designee, in writing, of travel to any areas outside the jurisdiction of California which lasts, or is contemplated to last, more than thirty (3 0) calendar days. 15. Interview with Division or its Designee Respondent shall be available in person for interviews either at respondent?s place of business or at the probation unit of?ce, with the Division or its designee upon request at various intervals and either with or without prior notice throughout the term of probation. 16. Residing or Practicing Out-of?State In the event reSpondent should leave the State of California to reside or to practice respondent shall notify the Division or its designee in writing 30 calendar days prior to the dates of departure and return. Non-pracnce is defined as any period of time exceeding thirty calendar days in Whi ch respondent is not engaging in any activities defined in sections 2051 and 2032 ofthe Business and Professions Code. All time spent in an in ensive training program outside the State of California which has been approved by the Division or its designee shall be nsidered as time spent in the practice of medicine within the State. A Board?ordered suspension of practice shall not be considered as a period of non-practice. Periods of temporary or permanent residence or practice outside California will not apply to the reducrion of the probationary term. Periods of temporary or permanent residence or practice outside California will relieve respondent of the responsibility to comply with the probationary terms and conditions with the exception of this condition and the following terms and conditions of probation: Obey All Laws; Probation Unit Compliance; and Cost Recovery. Respondent?s license shall be automatically cancelled if respondent?s periods of temporary or permanent residence or practice outside California totals two years. However, espondent?s license shall not be cancelled as long as respondent is residing and practicing medicine in another State of the United States and is on active probation with the medical licensing authority of that state, in which case the two year period shall begin on the date probation is completed or terminated in that state. 17. Failure to Practice Medicine California Resident In the respondent resides in the State of California and for any reason espondent stops practicing medicine in California, respondent shall notify the Division or its designee in writing within 30 calendar days prior to the dates of non?practice and return to practice. Any period of non? practice within California, as de?ned in this condition, will not apply to the-reduction of the probationary tent: and does not relieve respondent of the responsibility to comply with the terms and conditions of probation. Non-practice is defined as any period of time exceeding thirty calendar days in which respondent is not engaging in any activities defined in sections 2051 and 2052 of the Business and Professions Code. All time Spent in an intensive training program which has been approved by the Division or its designee shall be considered time Spent in the practice of medicine. For purposes of this condition, non?practice due to a Board-ordered suspension or in compliance with any other condition of probation, shall not be considered a period of non-practice. esponde nt?s license shall be automatically can Noelle if respondent resides in California and for a total of two years, fails to engag ein California 111 any of the activities .des cribed 1n Business and Professions Code sections 2051 and 2052 18. Completion of Probation Respondent shall comply with all financial obligations (cg, cost recovery, restitution, probation costs) not later than 120 calendar da *5 prior to the completion of probation. Upon completion successful of probation, respondent certificate shall be fullyrestored. 19. Violation of Probation Failure to fully comply with any term or condition of probation is a violation of probation. If respondent violates probation in any respect, the Division, after giving respondent notice and the opportunity to be heard, may revoke probation and carry out the disciplinary order that was stayed. If an Accusation, or Petition to Revoke Probation, or an Interim Suspension Order is ?led against reSpondent during probation, the Division shall have continuing jurisdiction until the matter is ?nal, and the period of probation shall be extendeduntil the matter is final. 20. License Surrender Following the effective date of this Decision, if respondent ceases practicing due to etirement, health reasons or is otherwise unable to satisfy the terms and conditions of probation, respondent may request the voluntary surrender of respondent?s license. The Division reserves the right to evaluate respondent?s request and to exercise its discretion whether or not to grant ne request, or to take any other action deemed appropriate and reasonable under the circumstances. Upon formal acceptance of the surrender ,respondent shall within 15 calendar davs deliver respondent?s wallet and a; certificate to the Division or its designe and respondent shall no longer practice medi c1 ne. Respondent will no longer be subject to the terms and conditions of p1ooation and the surrender of reapondent? 5 license shall be deemed disciplinary action. '1 If respondent re-applies for a medical license, the application shall be treated as a petition for reinstatement of a revoked certificate. 21. Probation Monitoring Costs Respondent shall pay the costs associated with probation nitoring each and every year of probation, as designated by the Division, which may be adjusted on an annual basis. Such costs shall be payable to the Medical Board of California and delivered to the Division or its designee no later than January 31 of each calendar year. Failure to pay costs within 30 calendar days of the due date is a violation of probation. DATE-D: July 26, 2006 rim/mini: 55.51120 HUMBERTO FLORES Administrative Law Judge Office of Administrative Hearings