BEFORE THE MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter Of the Accusation Against: RONALD JEFFREY HEILPERN, M.D. Case No. 800-2017-029379 . Physician's and Surgeon's Certi?cate No. A 41040 Respondent DECISION AND ORDER . The attached Stipulated Surrender of License and 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 at5:00 p.m. on Aprjl 15 2mg. IT IS SO ORDERED I'ADril 9. 2018 MEDICAL BOARD OF CALIFORNIA .. 1 XAVIER BECERRA . Attorney General Of California MATTHEW M. DAVIS SuperviSing Deputy Attorney General MARTIN W. HAGAN Deputy Attorney General State Bar No. 155553 600 West Broadway, Suite 1800 San Diego, CA 92101 P. O. Box 85266 San. Diego, CA 92186-5266 TelephOne: (619). 738-9405 Facsimile: (619) 645-2061 Attorneys for Complainant I BEFORE THE - MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA . . In the Matter of the Accusation Against; Case No. ?800-201 7-0293 79 RONALD JEFFREY HEILPERN, M. D. SURRENDER OF 72- 780A Country Club Drive, Suite 100 LICENSE AND ORDER Rancho Mirage, CA 92270 Physician?s and Surgeon?s Certi?cate No. A41040 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 (Board). She brought this action solely in her official capacity and is represented. in . this matter by Xavier Becerra, Attorney General of the StateofCalifornia, by Martin W. Hagan, Deputy Attorney General. 2. Ronald Jeffrey Heilpern, MD. (Respondent) is representing himself in this proceeding and has chosen not to exercise his right to be represented by counsel. NH. 1 Rnnalrl T-Ipilnpm imancp and nrripr ((?ncp Nn 5200-701 7-07027?n the-mixabout July 30, 1984, the Board issued Physician?s and. Surgeon?s Certi?cate No. to Respondent. The Physician?s and Surgeon?s Certi?cate was in full force and effect at all times relevant to the causes of action brought in Accusation No. 800-2017-0293 79 and expired on December 31, 2017, and has not been renewed. . - JURISDICTION . . 4. On January 30, 2018, Accusation No. 800-2017-029379 was ?led before the Board; and is currently pending against Respondent. A true and correct copy of Accusation No. 800- 2017-0293 79 and all other statutorily required documents were properly served on Respondent on January 30, 2018. Respondent?led his. Notice of Defense indicating that he wanted to surrender his Physicianis and Surgeon?s Certi?cate No. A41040. A copy of Accusation No. 800-2017; 029379 is attached as Exhibit A and incorporated by reference as if fully set forth herein. AND WAIVERS. 5. Respondent has carefully read, and understands the causes of action and allegations in Accusation No. 800-2017-0293 79. Respondent also has carefully read, and fully understands the effects of this Stipulated Surrender of License and Order. I 6. Respondent is fully aware of his legal rights in this matter, including the right to a hearing onthe causes of action and allegations in the Accusation; the right to be represented by counsel, at his own expense; the right to confront and'cross-examine the witnesses against him; the right to present evidence and to testify on his own behalf; the right to the issuance-of 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.- 7. Respondent voluntarily, knowingly, and intelligently waives and gives up each and every right set forth abovei' CULPABILITY Respondent admits the truth of each and every cause of action and allegation in Accusation No. 800-2017-029379, and hereby Surrenders his Physician?s and Surgeon?s Certi?cate No. A41040 for the Board?s formal acceptance. - 2 Ronald JeffreyHeilpern, M.D., Stipulated Surrender of License and Order (Case No. p?n 00 ?4 ON Kl! DJ (DO-NJ ON DJ I?l 9. Respondent further agrees that if he ever petitions for reinstatement of his Physician?s and Surgeon?s Certi?cate No. A41040, if an accusation is ever ?led against him before the Medical Board of California, all of the causes of action and allegations contained in Accusation No. 800-2017-0293 79 ishall be deemed true, correct, and fully admitted by respondent for purposes of any such proceeding or any other licensing proceeding involving respondent in the 7 State of California or elsewhere. 10. Respondent understands that by signing this stipulation heenables the Board to issue an order accepting the surrender of his Physician?s and Surgeon?s Certi?cate No. A41040 without further process. - CONTINGENCY 11. Business and Professions Code section2224, subdivision provides, in pertinent part, that the Medical Board ?shall delegate to its eXecutive director the authorityto adopt a . . . stipulation for surrender of a license.? 12. This Stipulated Surrender of License and 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 Order shall be submitted to the Executive Director for her consideration in theabove-entitled matter and, further, that the Executive Director shall have a reasonable period ,of time in which to consider and act on this Stipulated Surrender of License and 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 uponit. A 13. The parties agree that this Stipulated Surrender of License and 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 forthis 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 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 notdistlualify the Executive Director, the 3 Ronald Jeffrey Heilpern, M.D., Stipulated Surrender of License and Order (Case No. 800-2017-029379) p(J: 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 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 Orderbe rejected for any reason by the Executive Director onbehalf of the Board, respondent will assert no claim that the Executive Director, the Board, or any member thereof, was prejudiced by its/his/her review, discussion and/or consideration of this Stipulated Surrender of License and Order or of any matter or matters related hereto. ADDITIONAL PROVISIONS 14. This Stipulated Surrender of License and 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. 15. The parties agree that copies of this Stipulated Surrender of License and-Eider, 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. 16. 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 Order on behalf of the Board: - ORDER IT IS HEREBY ORDERED that Physician?s and Surgeon?s Certi?cate No. A41040,iissued to Respondent Ronald Jeffrey Heilpern, M.D., is surrendered and accepted by the Medical Board of California. i i. 1. Respondent shall loSe all rights and privilegesas a physician and surgeon?in California as of the effective date of the Board?s Decision and Order. I i I 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 Ronald Jeffrev Heihaem- Stipulated Surrender of License and Order (Case No. 800-2017-029379) 3. If Respondent ever applies for licensure or petitions for reinstatement in the State of California, the Board shall treat ?it as a new application for .licensure. Respondent must comply with all the laws, regulations and procedures for licensure in e?e'ct at the time the application or petition is ?led, and all of the causes of action and allegations contained in Accusation No. 800- 20174129379 shall be deemed to ,be true, correct and admitted by Respondent when the Board determines whether to grant or deny the application or petition. If Respondent should ever apply or reapply for a new license or certi?cation, or petition for reinstatement of a license,- by any other health care licensing agency in the State of California, all of the causes of action and allegations contained in Accusation, No. 800-2017- 029379 shall be deemed to be true, correct, and admitted by Respondent 'for the purpose of any Statement of Issues or any other proceeding seeking to deny or restrict licensure. 5. With respect to the action that has been taken, herein pursuant to California Business and Professions Code section 822, any future reinstatement of respondent?s Physician?s and . Surgeon?s Certi?cate?No. A41040 shall be governed by the procedures contained in Article 12.5 of Chapter 1 of Division 2 of the California Business and Professions Code. (Bus. Prbt-Z Code, ?323.) I . I have carefully read the Stipulated Surrender of License and Order. I understand the . stipulation and the effect it will have on my Physician?s and Surgeon?s Certi?cate. I enter into this Stipulated? Surrender of License and Order voluntarily, knowingly, and intelligently, and agree to be bound by the Decision and Order of the Medical Board of California. DATED: 3ll\& I antA1J31EFF?IurIna Respondent I Ronald Jeffrey I-ieilpern, M.D., Stipulated Surrender of License and Order (Case No. BOO-20174129379) ENDORSEMENT The foregoing Stipulated Surrender of License and Order is hereby respectfully submitted for consideration by the Medical Board of California of the Department of Consumer Affairs. Dated: March 8, 2018 SD2017802014 81966603.doc 6 Respectfully submitted, XAVIER BECERRA Attorney General of California MATTHEW M. DAVIS Supervising Deputy Att ey General 6d. MAR W. HAGAN Deputy Attorney General Attorneys for Complainant Ronald Jeffrey Heilpern, M.D., Stipulated Surrender of License and Order (Case No. 800?2017?029379) Exhibit?A Accusation No. 800-2017?029379 10 ll 12 1 1322XAVIER BECERRA . - Attorney General of California MATTHEW M. DAVIS Supervising Deputy Attorney General MARTIN W. HAGAN Deputy Attorney General State Bar No. 155-553 . 600 West Broadway, Suite 1800 8:111 Diego, PO. Box 85266 San Diego, CA 92186-5266 Telephone: (619) 738- 9405 - Facsimile. (619) 645 2-061 Attorneys for Complainant FILED - STATE OF @111me 8215mm. some OF CALIFORNHA CRANE 3020 BY 7% 0:77:31 BEFORE THE MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter of the Accusation Against: Ronald Jeffrey Country Club Drive, Suite 100 . Rancho Mirage, CA 92270 Physician?s and Sargeon?s Certi?cate N0.- A 41040, Respondent. - Case No. 800?2017-029379 ACCUSATION Complainant alleges: PARTIES 1. Kimberly Kirchmeyer (Complainant) brings this Accusation solely 1n her official capacity as the Executive Director of the Medical Board of California, Department of Consumer Affairs (Board). 2. On orabout July 30, 1984, the Medical Board and Surgeon?s Certificate Number A 41040'to Ronald Jeffrey Heilpern, M.D. (Respondent). The Physician?s and Surgeon?suCerti?cate was in full force and effect at all times relevant to the charges brought herein and expired on December 31', 2017, and has not been renewed. 1 RONALD JEFFREY HEILPERN, M.D.- ACCUSATION NO. 800-2017-029379 laws. JURISDICTION 3. This IAccusation is brought before the Board, under the authority of the following All section references are to the Business and Professions Code unless otherwise indicated. 4. Section 820 of the Code states: ?Whenever itappears that" any person holding a license, certi?cateor permit under this division or under any initiative act referred to in this division may be unable to practice his or her profession safely. because the licentiateis ability to 7. practice is impaired due to mental illness, or physical illness affecting competency, the licensing agency may order the licentiate to be examined by one or more - physicians and surgeons or designated by the agency. The report of I the examiners shall be made available to the7 licentiate and may be received as direct evidence in proceedings conducted pursuant to Section 822.? 5. 7 Section 822 of the Code states: ?If a licensing agency determines that its licentiate?s ability to practice his or her profession safely is impaired because the licentiate is mentally'ill,lor' physically ill affecting competency, the licensing agency may take action by any one of the NH following methods: Revoking the licentiate?s certi?cate or license. Suspending the licentiate?s right to. practice: Placing the licentiate on probation. Taking such other action in relation to the licentiate as the licensing agency in its discretion deems proper. ?The licensing agency shall not reinstate a revoked or suspended certi?cate or license until it has received competent evidence of the absence or control of the condition vvhich caused its action and until it is satis?ed that with due regard for the - public health and safety the person?s right to practice his or her profession may be safely reinstated.? 2 RONALD JEFFREY HEILPERN, M.D.- ACCUSATION NO. 800-2017-029379 p?n SECTION 822 CAUSE FOR ACTION 6. Respondent is subject to,action under 822 of the Code in that he suffers from a mental illness and/or physical illness affecting competency, as more particularly alleged hereinafter: 7. On or about May and June 2015, Respondent was referred to, and evaluated by H.C., licensed Respondent?was referred the Practitioner Well Being Committee at EisenhoWer Medical Center (EMC) ?for an evaluation of his higher cognitive functioning and affect to help assist in ongoing diagnostic planning? after concerns were raised after Respondent had, among other things, forgotten that he was on call, was dismissed from the GI emergency call list, exhibited occasional forgetfulness and confusidn,I-and 7 had shown up on at least two occasions at the wrong surgery center. After administering various tests and doing a mental status examination, Dr. H.C. found Respondent had ?mild issues in executive dysfunction, including weak selective attention, weak incidental recall, decreased mental ?exibility and retrieval of newly learned information, and decreased planning constructs, [which] all seem consistent with Cognitive Disorder, NOS (not otherwise speci?ed), mild.? She I ?recommended [Respondent] be evaluated neurologically to establish baseline neurologieal functions in light of the above noted mild cognitive issues.? 8. On'or about June 25, 2015, Dr. R.N., a board certi?ed and neurologist, performed a neurological consult on Respondent. At that time, Dr. R.N. found ?no convincing evidence of dementia? but noted that ?a mild cognitive impairment cannot be entirely ruled out.? 9. On or about July 29, 2015, ReSpondent had a follow up evaluation with Dr. R.N. Respondent and his wife reported that there were no significant cognitive issues with Respondent. Dr. assessment was that ?[t]he patient does have a mild cognitive dysfunction probably of a degenerative etiology.? 10. On or about April 20, 2016, Respondent had another follow up visit with Dr. RUN Respondent and his wife, once again, reported'there? were no signi?cant cognitive-issues with. Respondent. Dr. R.N. noted Respondent ?continues to manifest tremor of both hands and left I foot attributed to' benign essential tremor.? Dr. R.N. further noted cannot express any opinion with regards to his competency in performing his duties as a physiCian'. But I can say that his 3 RONALD JEFFREY HEILPERN, M.D.- ACCUSATION NO. 800-2017-029379 cognitive function has remained stable since his initial visit in June 2015. Lastly, D.r R. N. noted wanted to see him 1n follow-up 1n six months but he decided to come back 1n one year. ll be happy to see him earlier than his appointment if clinically necessary.? ?1 1. On or about January 7, 2017, the Medical Board?s Central Complaint Unit (CCU) I received a complaint against?Respondent which raised concerns about? his?tn?e'S's to practice medicine due to'physical limitations and cognitive decline. . 12. On or abOut May 11, 2017, a Department of Consumer Affairs, Health Quality Investigation Unit investigator intervieWed a potential witness, W-l, who expressed concern that-Respondent had cognitive decline and physical issues which ?impaired his ability to safelyrperform colonOSCOpies. 13. On or about June 7, 2017, T.F, a board-certi?ed was retained by the Medical Board of California to conduct an independent evaluation to determine whether Respondent had a mental and/or physical impairment that imp-aired his ability to-safely practice medicine. 14. On or about June 9, 2017, the HQIU investigator interviewed another potential witness, W-2, who also expressed concerns about Respondent?s ability to safely perform - colonoscopies due to physical and/or cognitive decline. 15. On or about June 23, 2017, Dr. T. F. conducted a clinical - interview with Respondent and administered a battery of testing. At the completion of .his evaluation, which included a review of relevant prior medical records, and I other relevant documents, Dr. T.F. prepared a Evaluation Report which generally set forth the relevant clinical data, his?ndings, and'his summary and clinical rimpressions as 'to whether Respondent had a physical and/or mental impairment that interfered with Respondent ability to safely practice medicine. After his full and complete evaluation, Dr. T. F. Opined that Respondent was unable to safely practice medicine due to his physical and/or mental impairments. NH 4 . RONALD JEFFREY HEILPERN, ACCUSATION NO. 800-2017-029379 . DATED: January 30, 2018 PRAYER . WHEREFORE, 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: I 1. Revoking or suspending Physician?s and Surgeon?s Certi?cate Number A 41040, issued to Ronald Jeffrey Heilpern, M. 2. Revolging, suspending or denying approval of Ronald Jeffrey Heilpem,- M. authority to supervise physician assistants and advanced practice ?nurses; . 3. Ordering Ronald Jeffrey Heilpern, M. D. ,if placed on probation, to pay the Board the costs of probationmonitoring; and . 4. Taking such other and further'action as deemed necessary-and proper. Executive. Di ctOr Medical Board of California Department of Consumer Affairs State of California Complainant 3112017802014 81925686.docx 5 7 RONALD JEFFREY HEILPERN, M.D.- ACCUSATION NO. 300-2017?029379