BEFORE THE MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter of the First Amended Accusation Against: . Leon Fajerman, M.D. Case No. 800-2016-027360 . Physician's and Surgeon's Certi?cate No. - Respondent DECISION The attached Stipulated Surrender of License and Disciplinary Order is hereby adOpted as the Decision and Order of the Medical Board of . California, Department of Consumer Affairs, State of California. This Decision shall become effective at 5:00 p.ITISSOORDERED May g, 701;: MEDICAL BOARD OF CALIFORNIA Kimberly Executive. XAVIER BECERRA Attorney General of California MATTHEW M. DAVIS Supervising Deputy Attorney General GIOVANNI F. MEJIA Deputy Attorney General State Bar No. 309951 600 West Broadway, Suite 1800 El Cajon, CA 92020 PO. Box 85266 San Diego, CA 92186-5266 Telephone: (619) 73 8-9072 Facsimile: (619) 645?2061 Attorneys for Complainant BEFORE THE MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter of the First Amended Accusation Case No. 800?2016-0273 60 Against: OAH No. 2018010471 Leon Faj erman, MD. 1876 Altozano Drive STIPULATED SURRENDER OF El Cajon, CA 92020 LICENSE AND DISCIPLINARY ORDER Physician?s and Surgeon?s Certi?cate No. A 33156, Respondent. IT IS HEREBY STIPULATED AND AGREED by and between the parties to the above- entitled proceedings that the following matters are true: PARTIES 1. Kimberly Kirchmeyer (Complainant) is the Executive Director of the Medical Board of California (Medical Board) and is represented in this matter by-Xavier Becerra, Attorney General of the State of California, by Giovanni F. Mejia, Deputy Attorney General. 2. Leon Fajerman, M.D., (Respondent) is represented in this proceeding by Robert W. Frank and Kendra Anderson of Neil, Dymott, Frank, McFall, Trexler, McCabe Hudson APLC, whose address is 1010 Second Avenue, Suite 2500, San Diego, CA 92101?4959. 1 Stipulated Surrender of License and Disciplinary Order (Case No. 800-2016-027360) November 17, 1978, the Medical Board issued Physician?s and Surgeon?s Certi?cate No. A 33156 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 First Amended Accusation No. 800-2016-027360, and expired on February 28, 2018. 4. On July 28, 2017, an Interim Order of suspension was issued pursuant to Government Code, section 11529 which immediately suspended Respondent?s Physician?s and Surgeon?s Certi?cate No. A 33156 and prohibited Respondent from practicing medicine in the State of California pending further order from the Of?ce of Administrative Hearings. The Interim Order of Suspension remains in full force and effect until the effective date of this" Stipulated Surrender and Disciplinary Order. JURISDICTION 5. On April 11, 2018, First Amended Accusation No. 800?2016-027360 was ?led against Respondent before the Medical Board of California, Department of Consumer Affairs. A true and correct copy of First Amended Accusation No. 800-2016-027360 and all other statutorily required documents were properly served on Respondent on April 11, 2018. Altrue and correct copy of First Amended Accusation No. 800-2016?027360 is attached hereto as exhibit and incorporated by reference as if fully set forth herein. ADVISEMENT AND WAIVERS 6. Respondent has carefully read, fully discussed with counsel, and fully understands the charges and allegations in First Amended Accusation No. 800-2016-027360. Respondent also has carefully read, fully discussed with counsel, and fully understands the effects of this Stipulated Surrender of License 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 First Amended Accusation No. 800-2016-0273 60; 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 2 .Stipulated Surrender of License and Disciplinary Order (Case No. 800-2016-027360) adverse decision; and all other rights accorded by the California Administrative Procedure Act and other applicable laws. 8. Having the bene?t of counsel, Respondent hereby voluntarily, knowingly and intelligently, waives and gives up each and every right set forth above. CULPABILITY 9. Respondent does not contest that, at an administrative hearing, complainant could establish a prima facie case with respect to all of the. charges andallegations in First Amended Accusation No. 800-2016-027360. Respondent further admits that he has thereby subjected his Physician?s and Surgeon?s Certi?cate No. A 33156 to disciplinary action and hereby surrenders his Physician?s and Surgeon?s Certi?cate No. A 33156 for the Board?s formal acceptance. 10. Respondent agrees that his Physician?s and Surgeon?s Certi?cate No. A 33156 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. I 11. RespOndent further agrees that. if he ever petitions for reinstatement of his Physician?s and Surgeon?s Certi?cate No. A 33156, or if an accusation or petition to revoke probation is ever ?led against him before the Medical Board of California, all of the?charges and allegations contained in First Amended Accusation No. 800-2016?0273 60 shall be deemed true, correct, and fully admitted by Respondent for purposes of any such proceeding or any other licensing proceeding involving Respondent in the State of California or elsewhere. 12. Respondent understands that, by signing this stipulation, he enables the Executive Director of the Board to issue an order, on behalf of the Board, accepting the surrender of his Physician?s and surgeon?s Certi?cate No. A 33156, without further notice to, or opportunity to be heard by, Respondent. 7 CONTINGENCY 13. Business and Professions Code section 2224, subdivision provides, in pertinent part, that the Medical Board ?shall delegate to its executive director the authority to adopt a . . . stipulation for surrender of a license.? 3 Stipulated Surrender of License and Disciplinary Order (Case No. 800-2016-027360) LII U14. This Stipulated Surrender of License and Disciplinary Order shall be subject to approval of the Executive Director on behalf of the Medical Board. The parties agree that this Stipulated Surrender of License and Disciplinary Order shall be submitted to the Executive Director for her consideration in the above-entitled matter and, further, that the Executive Director shall have a reasonable period of time in which to consider andact on this Stipulated Surrender of License and Disciplinary Order after receiving it. By signing this stipulation, Respondent fully understands and agrees that he may not withdraw his agreement or seek to rescind this stipulation prior to the time the Executive Director, on behalf of the Medical Board, considers and acts upon it. 15. The parties agree that this Stipulated Surrender of License and Disciplinary Order shall be null and void and not binding upon the parties unless approved and adopted by the Executive Director on behalf of the Board, except for this paragraph, which shall remain in full force and effect. Respondent fully understands and agrees that in deciding whether or not to approve and adopt this Stipulated Surrender of License and Disciplinary Order, the Executive Director and/or the Board may receive oral and written communications from its staff and/or the Attorney General?s Of?ce. Communications pursuant to this paragraph shall not disqualify the Executive Director, the Board, any member thereof, and/or any other person from future . participation in this or any other matter affecting or involving Respondent. In the event that the Executive Director on behalf of the Board does not, in her discretion, approve and adopt this Stipulated Surrender of License and Disciplinary Order, with the exception of this paragraph, it shall not become effective, shall be of no evidentiary value whatsoever, and shall not be relied upon or introduced in any disciplinary action by either party hereto. Respondent further agrees that should this Stipulated Surrender of License and Disciplinary Order be rejected for any reason by the Executive Director on behalf of the Board, Respondent will assert no claim that the Executive Director, the Board, or any member thereof, was prejudiced by its/his/h?er review, discussion and/or consideration of this Stipulated Surrender of License and Disciplinary Order or of any matter or matters related hereto. 4 Stipulated Surrender of License and Disciplinary Order (Case No. 800-2016-027360) ADDITIONAL PROVISIONS 16. This Stipulated Surrender of License and Disciplinary Order is intended by'the parties herein to be an integrated writing representing the complete, ?nal and exclusive embodiment of the agreements of the parties in the above-entitled matter. 17. The parties agree that copies of this Stipulated Surrender of License and Disciplinary Order, including copies of the signatures of the parties, may be used in lieu of original documents and signatures and, further, that such copies shall have the same force and effect as originals. 18. In consideration of the foregoing admissions and stipulations, the parties agree the Executive Director of the Medical Board may, without further notice to or opportunity to be heard by Respondent, issue and enter the following Disciplinary 'Order on behalf of theBoard: DISCIPLINARY ORDER IT IS HEREBY ORDERED that Physician?s and Surgeon?s Certi?cate No. A 33156, issued to Respondent Leon .Fajerman, M.D., is surrendered and accepted by the Medical Board of California. 1. The surrender of Respondent?s Physician?s and Surgeon?s Certificate No. A 33156. and the acceptance of the surrendered license by the Executive Director on behalf of the Board shall constitute the imposition of discipline against Respondent. This stipulation constitutes a record of the discipline and shall become a part of Respondent?s license history with the Medical Board of California. . 2. Respondent shall lose all rights and privileges as a Physician and Surgeon in California as of the effective date of the Board?s Decision and Order. 3. Respondent shall cause to be delivered to the Board his pocket license and, if one Was issued, his wall?certi?cate'on or before the effective .date of the Decision and Order. 4. If Respondent ever ?les an application for licensure or a petition for reinstatement in the State of California, the Board shall treat it as a petition for reinstatement. Respondent must comply with all the laws, regulations and procedures for reinstatement of a revoked license in effect at the time the petition is ?led, and all of the charges and allegations contained in 5 Stipulated Surrender of License and Disciplinary Order (Case No. 800-2016-027360) First Amended Accusation No. 800-2016-027360 shall be deemed to be true, correct and fully admitted by Respondent when the Board determines whether to grant or deny the petition. 5. If Respondent should ever apply or reapply for a new license or certi?cation, er petition for reinstatement of a license, by any other health care licensing agency in the State of California, all of. the charges and allegations contained in First Amended A-ccusation No. 800- 2016-027360 shall be deemed to be true, correct, and fully admitted by Respondent for the purpose of any Statement of Issues or any other proceeding seeking to deny or restrict licensure. i 6 Stipulated Surrender of License and Disciplinary Order (Case No. 800-2016-0273 60) 4/ 7951?1112 no Age MANN Ihzwe carefully read theabove Stipuleted Surrender of-Lieenee arid Disciplinary Order and. i have fu?y discussed 11' 11.11111 my 111111111631, Robert Frame Esq, I: understanc?irme?stipuie?on one {3 111a effeot it will have-on Surgeon?e A 33-156. 1.131111111111110 this . Stipulated. gurrender of License and Bi'soip?nary Order Voluntarily, and-intelligen?y, '4 end agree 10 be bound by theDeoision and Order o'f?th?e Medical Board of Califomie. A AA AA Qisxr- . Respondent I he-Ve read and fully discussed 1111.111- Responder-11 Leon Fag-ermran, terms and - 3 conditions and other me1-1ers- contained in this- Simulated;Surrender 01? 141111211136 end Dieeipi?nmy Order. I 311910113113 form and content. ROBERTW 1* A11orney for Respondent The fo1egoing S1ipul-at'ed Surrender of License md-IDAsoip??ely Order is hereby . respectfully salami-Ned fer consideration by the Medical 311-1112411111? of the Dee-menu of 3 Consumer Affairs. Dated-z Athena 1131 General ?01? Ca?fmmia A MA [?1?er M. DAVIS Super Vising Dem-131 Attorney General GIOVANNI Depu1y Attorney Gem-31211 12111011114151 1'01 Comm/5111761111 7 Stipt?ated Surrender of License'anemcipiinary Order (Base NA. gnome-112731103 un- . .28 ACCEPTANCE I have carefully read the above Stipulated Surrender of License and Disciplinary. Order and have fully discussed it with my attorney, Robert W. Frank, Esq. I understand the stipulation and the effect it will have on my Physician's and Surgeon's Certi?cate No. A 33156. I enter into this Stipulated Surrender of License and Disciplinary Order voluntarily, knowingly, and intelligently, and agree to be bound by the Decision and Order of the Medical Board of California. DATED: LEON FAJERMAN, M.D. Respondent I have read and fully discussed with Respondent Leon Faj erman, M.D., the terms and conditions and other matters contained in this Stipulated Surrender of-License and Disciplinary Order. I approve its form and content. DATED: ROBERT W. FRANK, ESQ. Attorney for Respondent ENDORSEMENT The foregoing Stipulated Surrender of License and Disciplinary Order is hereby respectfully submitted for consideration by the Medical Board of California of the Department of Consumer Affairs. Dated: Respectfully submitted, XAVIER BECERRA Attorney General of California MATTHEW M. DAVIS Supervising Deputy Attorney General GIOVANNI F. MEJIA Deputy Attorney General Attorneys for Complainant 7 Stipulated Surrender of License and Disciplinary Order (Case No. 800-2016-027360) Exhibit A First Aniended Accusation N0. 800-2016-027360 LON XAVIER BECERRA Attorney General of California MATTHEW M. DAVIS Supervising Deputy Attorney General GIOVANNI F. MEJIA FILED Deputy Attorney General ETA-TE 0F CRLIFOWA State Bar No. 309951 - MFDICAL WARD OF 600 West Broadway, Suite 1800 3&9 San Diego, CA 92101 .1 - .. nusr PO. Box 85266 1 San Diego, CA 92186-5266 Telephone: (619) 738-9072 Facsimile: (619) 645?206 1. Atr0rneysf0r Complainant - .BEFORE THE MEDICAL BOARD OF CALIFORNIA DEPARTMENT AFFAIRS STATE OF CALIFORNIA. In the Matter of the First Amended Accusation Case No. 800-201 6-0273 60 Against: . 1 OAH No. 2018010471 LEON FAJERMAN, M.D. . 1876 Altozano Drive FIRST AMENDED ACCUSATION El Cajon, CA 92020-1001 Physician's and Surgeon?s Certi?cate . No. A 33156, - ReSpondent. Complainant alleges: - PARTIES . 1. Kimberly Kirchmeyer (Complainant) brings this First Amended Accusation solely in her of?cial capacity as the Executive Director of the Medical/Boardof California, Department of Consumer Affairs (Board). . 2. On or about November 17, 1978, the Medical Board issued Physician's and Surgeon's Certi?cate Number A 33156 to Leon Faj erman, M.D. (Respondent). The Physician's and Surgeon's Certi?cate expired on February 28, 2018, and has not been renewed. - i . (LEONVFAJERMAN, M.D.) FIRST AMENDED ACCUSATION NO. 800-2016-027360 JURISDICTION 3. 'This First Amended Accusation, which supersedes Accusation No. 800-201?6-027360, ?led on September 13, 2017,'in the above-entitled matter, is brought before the Board, under the authority of the following laws. All section references are to the Business and Professions Code unless otherwise indidated. . . 4. . Section 2227 of the Code states: A licensee whose matter has been heard by an administrative law judge of the Medical Quality Hearing Panel as designated in Section 11371 of the Government Code, or Whose default has been entered, and who is found guilty, or who has entered into a stipulation for disciplinary action with the board, may, in accordance with the provisions of this chapter: Have his Or her license revoked upon order of the board. Have his or her right to practice suspended for a period not to exceed one year upon order of the board. Be placed on probation and be required to pay the costs of probation monitoring upon order of the board. - i Be publicly reprimanded by the board. The public reprimand may include a requirement that the licensee complete relevant educational courses approved by the board. Have any other action taken in relation to discipline as part of an order of probation, as the board dr an administrative law judge may deem prOper. ,3 I I 5. 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 of Consumer its suspension, forfeiture, or cancellation by order ofthe 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 bylaw or to enter an 2 (LEON FAJERMAN, MD.) FIRST AMENDED ACCUSATION NQ. 800-2016027360 .123 13 14i 15; 16 17: '18. 19: order suspending or revoking the license or otherwise taking disciplinary action against the licensee on any such ground.? 6. - Section 726 of the Code states: The commission of any act of sexual abuse, misconduct, or relationswith a patient, client, or customer constitutes unprofessional conduct and grounds for disciplinary action for any person licensed under this or under any initiative act referred to in this division. This section shall not apply to consensualsexual contact between a licensee and his or. her spouse or person in an equivalent domestic relationship when that liCensee' provides medical treatment, other than treatment, to his or her spouse or person in an equivalent ,domestic relationship.? 7. Section 2234 of the Code states: ?The board shall take action against any licensee who is charged with unprofessional condubt. 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. Any action or conduct which would have warranted the denial of a certi?cate. ?6 ,9 8. Unprofessional conduct has been de?ned as conduct which breaches the rules or ethical, code of the medical profession, or conduct which is unbecoming a member in good standing of the medical profession, and which demonstrates an un?tness to practice medicine. (See Shea v. Bd. Of Medical Examiners (1978) Cal.App.3d 564, 5 75.) FIRST CAUSE FOR DISCIPLINE I (Sexual Abuse, Misconduct, or Relations with a, Patient) 9. Respondent Leon Fajerman, MD. is subject to disciplinary action under sections 726, 2227 and, 2234 of the Code in that he committed one or more aets of sexual abuse, misconduct or relations with a patient, as more particularly alleged hereinafter: 3 (LEON FAJERMAN, MD.) FIRST AMENDED ACCUSATION NO. 800-2016-027360 1'all times relevant to the allegations described herein, Respondent wasa practicing in of?ces in or around San- Diego County, California including,_but not 7 limited to, of?ces in San Diego, El Cajon, Chula Vista-or San Ysidro (or any. combination thereof). Patient A 1 11. In or around May 2007, patient (?PatientA?), an adult woman, visited' Respondent- for the ?rst time for Since that date, Patient A has had approximately 40 treatment visits with Respondent. At all times, Patient A?s communications with Respondent have been in Spanish. 12. On or about October 19, 2016, Patient A visited Respondent for a scheduled appointment. As this visit was concluding, Respondent told Patient A that their next appointment would be in January of the following year (2017).. Respondentheld up an appointment card in his hand and then placed the card'and his hand inside the top of her dress, touching one of her breasts with his hand. 13. Patient A reached under her dress and took the appointment card, but, Respondent kept his hand on her breast. He then began rubbing her breast, telling her that it felt good. I Patient A replied that it did not feel good and pulled away from ReSpondent. . 14. Respondent then hugged Patient A. Patient A again attempted to pull away. - . However, Respondent kissed Patient A on her lips and inserted? his tongue into her mouth. Patient A closed her mouth andRespondent removed his tongue from her mouth. Respondent then began to kiss Patient A on her neck. Patient A pulled her head down toward her shoulders in an effort to prevent him from kissing her. . 15. Respondent then pulled up the bottom of Patient A?s dress and placed one of his hands on one of her buttocks. 1 He told her that he would like to undress her. 16. Respondent then placed his hand under Patient A?s underwear and touched her vagina. 1 Patient names have been withheld in the interest of preserving witnesses? privacy. 4 (LEON FAJERMAN, M.D.) FIRST AMENDED ACCUSATION NO. 800-2016-027360 17. Patient A pulled away from Respondent and told him that what was happening was not right, and that she needed to leave. Respondent asked Patient A to come back later that same day, and within the next few days. At one point, he suggested that Patient A tell her spouse that she was going to a casino but instead come to meet Respondent. Patient A refused. 18. Respondent also asked Patient A to return on an upcoming Friday when nobody would be in the of?ce so that they could have sexual intercourse. Patient A told Respondent that itwas notgoing to happen and left. 19. On or about December 21, 2016, at the direction of law enforcement of?cers, Patient A attempted to conduct a controlled call with Respondent. However, she was not able to reach him by telephone. At the direction of law enforcement of?cers, Patient A agreed to have an audio recording application installed on her personal cellular telephone to capture audio from telephone calls made to. a designated telephone number. I . 20. On or about December 22, 2016, Patient A spoke with Respondent by telephone. Among other things, they discussed What occurred during the October '1 9, 2016 appointment. Patient A told Respondent that it had been worrisome for herwhen he placed the appointment card on her breast and kissed her. In response, Respondent asked Patient A if she had not liked it, to which she replied that she had not. i I i 21. At another point during the December 22, 2016 conversation, Patient A, asked Respondent if he remembered touching her breasts and butt, kissing her on the mouth and neck, and touching her private parts. Respondent replied that something like that had happened. 22. At another point in the December 22, 2016 conversation, Respondent told-Patient A that he would not touch her-at their future scheduled appointment and promised that it would not happen again. 23. On or about January 6, 2017, Patient A spoke with Respondent by'telephone.? Among other things, they again discussed what had occurred during the October 19, 2016 appointment. At one point in the conversation, Patient A asked Respondent what he thought about what had . occurred. Respondent replied that it was better to discuss it face-to-face as opposed to over the HM 5 (LEON FAJERMAN, MD.) FIRST AMENDED ACCUSATION NO. 800?2016-027360 phone, but said that it was-something in the mOment, that he had hugged her and?kissed her, but that it was not like someone had attacked her or made her. 24. Patient A told Respondent thatthat was not all that had happened. She told Respondent that he had kissed her neck, touched her breasts, buttocks and private parts, and told her that he wanted to get her naked and have sex with her. Patient A asked him what he thought with respect to this or what his desire was. Respondent replied that if he did that, that showed interestanother point in the conversation, Patient A asked Respondent if What had happened was a thing in the moment or if he wanted something more with her. ?Respondent said that he did not know. He said that he had not made plans for it and that it was something in the moment. He added that time will tell, and that if someone doesn?t want it, it would be over. He statedthat the topic is not that dramatic. 26. At another point in the conversation, Patient A asked Respondent what he felt when he was hugging her and kissing her, and if he was excited or aroused. Respondent replied by . talking about attraction. He indicated that it was human nature and feelings that one knows well and suddenly happen. Patient A asked Respondent if, at the time, his penis was ready' in order to have sex with her. Respondent replied no, but that if it would have continued a little more, probably, yes. 27. Patient A also asked Respondent if he had been aroused sexually or felt anything when he touched her private parts, or if it was a tum-on. Respondent replied yes, and that it was interesting and attractive. But, he added, that it was three seconds and he 13 not that quick. 28. Later 1n the conversation, Patient A told Respondent that she would like to meet with him the following day (January 7, 2017), which he had proposed earlier in the conversation. - Patient A told Respondent that she wanted to know what part of her body he had liked the most, to know if and where Patient A should perfume herself. Respondent told her to wear perfume all over, from top to bottom. Patient A then asked Respondent if that meant that he liked all of her, to which he replied, ?Yes. Of course, baby.? 6 (LEON FAJERMAN, MD.) FIRST AMENDED ACCUSATION NO. 800?2016-0273 60 29. Later in the conversation, Patient A again asked Respondent what part of her body he had liked the most. On this occasion, Respondent initially responded that he would tell her the following day (January 7, 2017). Patient A asked him to tell her while they were Speaking (on January 6, 2017) and, at one point, Respondent stated that he would need to see her body again. Patient A asked if this meant he was going to get her naked, to which Respondent replied that if Patient A wanted to, he would. i 30. Later in the conversation, Respondent stated that he liked Patient A?s person, in general, and how Patient A is. He added that he also liked the parts of her body that are attractive. . He stated that he is not blind, deaf and mute, and that he has feelings. Respondent eventually stated that the partof Patient A?s body he enjoyed touching the most was her breasts. 31. Toward the end of their conyerSation on January 6, 2017, Patient A told Respondent that she was unsure whether she would go to see him the following day (January 7, 2017). Patient A also asked about a separate appointment that had been previously scheduled for anuary 1 1, 2017. In particular, Patient A asked Respondent whether'Pa'tient A could see him at this of?ce in El Caj on instead, of his Chula Vista of?ce. Respondent replied, no, because they would have the same story with the people, so they would end up doing nothing. Patient A understood Respondent to mean that he did not want her to meet him in his El Cajon of?ce because other people would be present in the vicinity, which would mean that they would not be able to engage in any kind of sexual conduct. Patient A replied, ?Ohh. Then we are going to do something,? to which Respondent replied that they would decide then, like healthy people. Patient 32. On or about December 16-, 2016, patient (?Patient presented to Respondent for the ?rst time for a appointment, at a San Ysidro Health Center (SYHC) facility in Chula Vista, California. Patient presented to Respondent for asecond appointment with him at a SYHC facility in Chula Vista on or about January 31,2017. 33. On or about March 31, 2017, Patient presented to Respondent for a appointment at-a SYHC facility in Chula Vista. When Patient entered the appointment room, Respondent commented on how ?inviting? she looked. Patient asked Respondent what he 7 (LEON FAJERMAN, MD.) FIRST AMENDED ACCUSATION NO. 800-2016-027360 meant by his comment. Respondent replied that she was inviting to men Patient asked for further clari?cation, at which point Respondent changed the subject. 34. At or near the end of the appointment on or about March _,31 2017, Patient began to cry. Respondent approached Patient and embraced her. While embracing her, Respondent pushed her chest against his causing Patient to feel uncomfortable. Patient told Respondent that she was ?okay now.? ReSpondent let her go and Patient left the appointment. 35. on or about May 12, 2017, Patient presented to Respondent for a appointment at a SYHC facility in Chula Vista. At or near the end of this appointment, Patient stood up to leave. Respondent stood up and met Patient face-to-face before shecould exit the appointment room. Respondent pushed Patient against a wall of the room and forcibly kissed' her on her mouth, and groped one of her breasts with his hand. 36. Patient asked Respondent why he was doing this, to which Respondent replied, ?when you like something, you go for it? Patient was in shock and did not know what to do. She told Respondent that somebody would see-them through a window into the room. -3 7. Respondent replied that he had another of?ce nearby and asked her to meet him there later the same day, where they could talk and? ?continue this.? Patient left the appointment but did not meet Respondent later 1n the day. 38. On or about June 9, 2017, Patient presented to ReSpondent for a appointment at a SYHC facility in Chula Vista. During this appointment, it appeared that Respondent was groping, or otherwise touching, himself in or around his groin area. 39. At or near the end of the June 9, 2017 appointment, Respondent stood up from his seat. Patient believed this indicated that her appointment was, over, so she stood up as well. Respondent approached Patient B, embraced her and began to forcefully kiss her on her mouth. Respondent pushed Patient back into one of the room?s comers and continued to forcibly kiss her. Respondent pressed his body against Patient B?s body and groped one of her breasts. Respondent reached under Patient B?s blouse With one of his hands, but PatientlB pushed his hand down before it could reach beyond her stomach area. i 1 8 . (LEON FAJERMAN, MD.) FIRST AMENDED ACCUSATION NO. 800-2016-027360 10 .11Respondent took Patient to a private of?ce on the second ?oor of the building. 40. Respondent asked Patient if she could meet him later, at-his ?private of?ce.? Patient replied, ?yes,? so that Respondent would stop. RespOndent let her go, and explained to her where his private of?ce was located. Patient left the appointment, but did not meet - Respondent at his private of?celater that day. 41. On or about June 10, 2017, Patient arrived to her residence after dropping off her child at school. Patient observed a car pull up near he? residence. The driver rolled down the window and'Patient recognized the driver as Respondent. Patient was shocked and fearful, and asked Resp?Ondent what he was doing there. Respondent stated that he thought they were going to ?his private of?ce. Patient stated that there was no way she could go. Respondent sped off, an'grily.- 7 i i 42. Over the following weeks, Respondent called Patient multiple times: Among other things, Respondent asked about or attempted to coordinate a private meeting with Patient I during these calls; i 43. Throughout the months leading up to and including July 2017, Patient had been ekperiencing signi?cant emotional distress due to a close family member?s medical issues, which ultimately resulted in the family membergs death in or around June 2017. During one of Respondent?s telephone calls, Patient agreed to meet Respondent at his private the hope that he could pre'scribe her a medication to help herco?pe with her emotional distress. 44. On the! day of themeeting, in or around July 2017, Patient began to feel. uneasy about the situation and contacted Respondent to tell him thatshe Was having an issue with her car. ReSpondent offered to pick up Patient at her residence, which he proceeded to do. 45. Respondent drove Patient to a brown off-ice building in Ohula Vista. There, 46. Once Respondent and PatiEnt had entered the private office, Respondent grabbed her arm and pushed her onto a couch in the office. Respondent got on top of Patient and kissed her, as well as groped her breasts and genitalia over her clothes. Patient felt ReSpondent?s erection pressed up against her body. 7 9 (LEON FAJERMAN, MD.) FIRST AMENDED ACCUSATION NO. 800-2016-027360 47. Patient was petri?ed. She managed to get up from beneath Respondent, and off the couch. She told Respondent that she was hypoglycemic and that she would faint if she did not eat soon. 48. Respondent stated that they could leave ronly if Patient ?showed him something.? I Patient turned away from him and brie?y pulled down her pants and showed him her buttocks. ReSpondent lunged at her, but Patient got to the door at the entrance of the private of?ce and . I opened- it. Respondent told Patient B, in Spanish, that he was going'to give her a kiss. Patient told Respondent that he had to take her to eat because she felt very ill. 49. Respondent drove Patient to a nearby restaurant. After a meal, Respondent began to drive Patient back to the private of?ce. Patient was very frightened and told Respondent that she could not go back because she had to pick up her child. Respondent became very upset and drove Patient back to her residence. Patient 1. 50. On or about December 27, 2016, patient (?Patient presented to Respondent at a SYHC facility in San Ysidro, California for a I i 51. ?At or near the conclusion of the appointment, Respondent grabbed Patient C?s shoulders with both of his hands and pulled her towards him. Respondent pulled down the I neckline of Patient C?s dress and exposed one of her breasts. Respondent licked the exposed breast and nipple. Patient was very upset and attempted to press Respondent?s head into ?her breast in a suffocating manner to get him to stop. 52. Thereafter, Respondent stuck his tongue out and told Patient'C to kiss him, in Spanish. Patient told Respondent that she did not want to and told him to stay away from her. Patient broke away from Respondent and left the appointment. 53. Later the same day, on or about December 27, 2016, Pat'ientC received a telephone call from Respondent. Duringthe call, Respondent asked Patient if he could come over and 'visit her. Patient refused. 54. After the December 27, 2016 incident, Patient C, needing medication to treat her ailments, presented to Respondent additional times for treatment at a SYHC facility in 10 (LEON FAJERMAN, M.D.) FIRST AMENDED ACCUSATION NO. 800-2016-027360 San Ysidro. During one of these appointments, Respondent apologized to Patient C, told her that his conduct had been a mistake, and stated that if the clinic found out about his conduct he would be out ofajob. 55. At or near the end of one of these subsequent appointments, Patient requested from Respondent a prescription for pain medication to treat pain she was suffering in or around her tail - bone. Respondent replied that he did not have his prescription book with him and that it was at his private of?ce. Respondent told Patient that his private of?ce was close by? and that she could follow him there. Patient agreed. - i '56. Respondent and Patient left the SYHC facility in San Ysidro, and PatientC . followed ReSpondent, by car, to a brown of?ce building. There, Respondent took Patient to a? private of?ce on the second ?oor ofthe building. I . 57-. While in his private office, Respondent undressed Patient C, touched Patient C?s breasts, buttocks, and vagina, and had unprotected sexual intercourse with-Patient C. At one - point during this encounter, Patient asked Respondent to stop: to which he replied that he was i going to give her the medication she had requested. 58. After Respondent finished having sexual intercourse with Patient C, she got dressed right away. Patient told Respondent that she felt bad. Respondent told her that he thought it was what she wanted since she followed him to his of?ce. Respondent provided Patient with a prescription for the medication she had?requested. Patient 59. In or around 2016 and 2017, patient (?Patient visited Respondentmultiple times for treatment. 60. On one ormore occasions during an appointment with Patient D, Respondent caused Patient to become uncomfortable by conduct including, without limitation, making statements regarding Patient D?s romantic or sexual relationships or appearance, or Respondent?s own personal life, or by initiating physical contact with Patient D. 6-1. On- or about June 23, 2017, Patient visited Respondent for a scheduled appointment in Chula Vista. At or near the conclusion of this visit, Respondent pulled Patient toward him, 11 (LEON FAJERMAN, M.D.) FIRST AMENDED ACCUSAT ION NO. 800-2016?027360 grabbed and squeezed one of Patient D?s breasts, and kissed Patient on her mouth. Patient resisted Respondent and was able to pull away, after which she left the of?ce, scared and in shock. . Patient 62. Beginning in or around 2010, patient (?Patient presented to Respondent multiple times for treatment at medical of?ces in. San Ysidro or Chula Vista, Californiamore occasions during an appointment with Patient E, Respondent caused Patient to become uncomfortable by conduct including, but notlimited to, making'statements regarding Patient E?s romantic or sexual relationships or appearance, or initiating physical contact with Patient E. 64. On or about June 8, 2017, Patient presented to Respondent for a scheduled During this appointment,_Respondent wrote aprescription and placed it on Patient E?s chest, embraced and attempted to kiss Patient on the lips, placed both of his hands on Patient E?s chest and touched her breasts, and grabbed one of Patient E?s hands and placed it on or near his crotch, Over his pants. Patient resisted and was alarmed. by Respondent?s conduct, and left the of?ce in distress. I Patient A 65. In or around the beginning of 2017, patient (?Patient began to see Respondent for services at a SYHC facility in Chula Vista. I . 66. On or about June 15, 2017, Patient presented to Respondent for a scheduled appointment. At or near the conclusion of Patient F?s appointment, Respondent kissed Patient on her lips and touched her breasts and her _vagina, over her pants. Patient resisted Respondent?s conduct and left the of?ce, crying. I Patient 67. From in or around 2009 to in or around February 2017, patient (?Patient presented to Respondent for treatment on multiple occasions. I I 12 (LEON FAJERMAN, M.D.) FIRST AMENDED ACCUSATIQN NO. 800-2016-0273 60 more occasions during an appointment with Patient G, Respondent caused Patient to become uncomfortable by conduct including, without limitation, making statements regarding Patient G?s romantic or sexual relationships or appearance, or initiating physical contact with Patient around February 2017, Patient visited Respondent for a scheduled appointment in Chula Vista. At or near the conclusion of the appointment, Respondent kissed Patient On the lips and touched one of her breasts over her-blouse. Patient rushed out of . Respondent?s of?ce. Witness 70. The minor child of witness (?Witness attended multiple appointments with Respondent'from in or around 2016 to in or around June 2017. Typically, Witness would take her child to and from the appointments. On multiple occasions, Witness met alone with Respondent after her child?s session. I During such meetings, Witness would often share her observations or copcems regarding her child?s progress, and Respondent would provide Witness with prescriptions for the child. 71. 'In or about June 2017, Witness and her child presented to a scheduled appointment with Respondent in San Ysidro. After her child?s session with Respondent ended, Witness alone-met with Respondent in his of?ce. At or near the end of this meeting with Witness H, Respondent approached Witness and extended one of his arms around Witness H?s back and placed his hand over her shoulder. Respondent put his other hand under Witness H?s long-sleeve shirt and reached up toward Witness H?s breasts. Respondent touched one Of Witness H?s breasts, over her bra, before Witness was able to push Respondent away. Witness confronted Respondent and then left his of?ce, startled and scared. . SECOND CAUSE FOR DISCIPLINE (General Unprofessional Conduct) 72. Respondent hasfurther subjected his Physician?s and Surgeon"s Certi?cate . No. A 33156 to disciplinary action under sections 2227 and 2234 of the Code in that he has engaged in conduct which breaches the rules or ethical code of the medical profession, or?conduct 13 (LEON FAJERMAN, MD.) FIRST AMENDED ACCUSATION NO. 800-2016-0273 60 that is unbecoming to a member in good Standing of the medical profession, and which demonstrates an un?tness to practice medicine, as more particularly alleged in paragraphs 9 to 71, above, which are hereby incorporated by reference and realleged as if fully set forth herein. THIRD CAUSE FOR DISCIPLINE (Violating or Attempting to Violate, Directly or Indirectly, Any Provision of the Medical 2 . Practice Act) 73." Respondent has further subjected his Physician?s and Surgeon?s Certi?cate No. A 33156 to disciplinary action under section 2234, subdivision of the Code in that he violated or attempted to violate, directly or indirectly, any provision of the Medical Practice Act, as more particularly alleged' in paragraphs 9 to 72, above, which are hereby incorporated by reference and realleged as if fully set forth herein. PRAYER WHEREF ORE, Complainant requests that a hearing be held on the matters herein alleged, and that following the'hearing, the Medical Board {of California issue a decision: 1. Revoking or suspending Physician?s and Surgeon?s Certi?cate No. A 33156, issued to Respondent Leon Fajerman, 2. Revoking, suspending or denying approval of Respondent Leon Fajerman, M.D.?lsh authority to supervise physician assistants and advanced practice nurses; 3 Ordering Respondent Leon?Faj erman, M.D., if placed on probation, to pay the Board the costs of probation monitoring; and . i 4. Taking such other and further action as deemed necess and proper. DATED: April 11. 2018 Executive Di or Medical Board of California Department of Consumer Affairs State of California Complainant KIMBERLY KEECHMEYER 1 re . 14 (LEON FAJERMAN, MD.) FIRST AMENDED ACCUSATION NO. 800?201 6-0273 60