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BEFORE THE MEDICAL BOARD OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA
In the Matter of the Petition to Revoke Probation ) Against: )
) )
BABAK ABEDI, M.D. ) ) )
Physician's & Surgeon's ) Certificate No. A 95902 )
) Respondent )
Case No. 800-2017-035978
ORDER CORRECTING NUNC PRO TUNC CLERICAL ERROR IN FACTUAL FINDINGS PARAGRAPH 3 OF THE DECISION
The Medical Board oLCalifomia finds that there is a clerical error in paragraph 3 of the . Factual Findings section of the Decision in the above-entitled matter and that such clerical error should be corrected.
IT IS HEREBY ORDERED that the conviction information in Factual Findings paragraph 3 contained on page 2 of the Decision in the above-entitled matter be ·and hereby is amended and corrected nunc pro tune as of the date of entry of the decision to remove reference to the conviction of driving under the influence of alcohol and/or a drug, in violation of Vehicle Code section 23152, subdivision (a), and of being under the influence of a controlled substance, in violation of Health and Safety Code section 11550, subdivision (a), so that reference to Respondent's 'conviction will read as follows: "In brief, Respondent admitted that he suffered a misdemeanor conviction on March 2, 2012, of engaging in the exhibition of speed on the highway, in violation of Vehicle Code section 23109, subdivision ( c ), a crime substantially related to the qualifications, functions, and duties of a physician and surgeon." The rest of the paragraph and the decision remains
' unchanged. ,
DATED July 18. 2018.
d /)Jrrt:IJLV-4, ~;~ Chair Panel A
. BEFORETHE MEDICAL BOARD OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA
In the Matter of the Petition to Revoke Probation Against:
BABAK ABEDI, M.D.
Physician's and Surgeon's Certificate No. A 95902
Respondent.
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Case No. 800-2017-035978
DENIAL BY OPERATION OF LAW PETITION FOR RECONSIDERATION
No action having been taken on the petition for reconsideration, filed by Randy Hsieh, Esq., on behalf ofBabak Abedi, M.D., and the time for action having expired at 5 p.m. on December 15, 2017, the petition is deemed denied by operation of law.
BEFORE THE MEDICAL BOARD OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA
In the Matter of the Petition to Revoke Probation Against:
BABAK ABEDI, M.D.
Physician's and Surgeon's Certificate No. A 95902
Respondent
) ) ) ) ) ) .
) ) ) )
Case No. 800-2017-035978
DECISION AND ORDER
The attached Proposed Decision is hereby adopted as the Decision and Orc~er of the Medical Board of California, Department of Consumer Affairs, State of California.
This Decision shall become effective at 5:00 p.m. on December 15, 2017.
IT IS SO ORDERED November 16. 2017'
MEDICAL BOARD OF CALIFORNIA
By:~ du~fJd.&-1.'---Ronald H. Lewis, M.I).~ Chair Panel A
BEFORE THE MEDICAL BOARD OF CALIFORNIA
STATE OF CALIFORNIA
In the Matter of the Petition to Revoke Probation Against:
BABAK ABEDI, M.D.,
Physician's and Surgeon's Certificate Number A95902,
Respondent.
Case No. 800-2017-035978
OAH No. 2017090957
PROPOSED DECISION
Administrative Law Judge, Carla L. Garrett, heard this matter in Los Angeles, California on October 16 and 17, 2017.
Tessa L. Heunis, Deputy Attorney General, represented Complainant Kimberly Kirchmeyer, Executive Director of the Medical Board of California (Board). Randy Hsieh, Attorney at Law, represented Babak Abedi, M.D. (Respondent), who was not present on the first day of hearing, but appeared on the second day of hearing.
On October 27 and 30, 2017, Respondent moved for a protective order requesting that Exhibit 5, pages AGO 122-123, 125, 129, 132-134, 137, 141, 145, 149, 153, 155-156, 158, 217-229, 231, 233-234, 236, and 239; Exhibit 7, pages AGO 272-275, and 281-283 be placed under seal because the documents contain confidential information which is protected from disclosure to the public. Redaction of the documents to obscure this information was not practicable and would not have provided adequate privacy protection. Additionally, Respondent requested that portions of the transcript referencing Respondent's confidential medical information be redacted. Complainant did not oppose the motion. The AlJ granted the motion and issued a Protective Order placing the above-referenced exhibit pages under seal. Those documents shall remain under seal and shall not be opened, except as provided by the Protective Order. Additionally, the AlJ ordered that portions of the transcript referencing Respondent's confidential medical information be redacted. A reviewing court, parties to this matter, their attorneys, and a government agency decision maker or designee under Government Code section 11517 may review the documents subject to the Protective Order provided that such documents are protected from release to the public.
Oral and documentary evidence was received, and argument was heard. The record was closed, and the matter was submitted for decision on October 17, 2017.
FACTUAL FINDINGS
1. Complainant executed the Petition to Revoke Probation on September 8, 2017, in her official capacity as the Executive Director of the Board.
2. On June 9, 2006, the Board issued Physician's and Surgeon's Certificate number A95902 to Respondent. The license will expire on March 31, 2018, unless renewed.
3. The Board disciplined Respondent's certificate, effective October 8, 2014, pursuant to a Stipulated Settlement and Disciplinary Order, in which Respondent admitted to the allegations set forth in the Accusation filed in Case No. 10-2011-219428. In brief, Respondent admitted that he suffered a conviction of driving under the influence of alcohol and/or a drug, in violation of Vehicle Code section 23152, subdivision (a), of being under the influence of a controlled substance, in violation of Health and Safety Code section 11550, subdivision (a), and of engaging in the exhibition of speed on the highway, in violation of Vehicle Code section 23109, subdivision ( c ), crimes substantially related to the qualifications, functions, and duties of a physician and surgeon. The facts and circumstances underlying Respondent's conviction occurred on November 7, 2011, when Respondent ran a red light and struck a vehicle passing through the intersection. When a police officer arrived on the scene and made contact with Respondent, the officer observed Respondent slurring his speech and moving with an unsteady gait. Respondent admitted to taking Xanex earlier in the evening.
4. In addition, Respondent agreed that Complainant could establish a prima facie case that, in his care and treatment of two patients, he engaged in gross negligence, in violation of Business and Professions Code section 2234, subdivision (b ); repeated negligent acts, in violation of Business and Professions Code section 2234, subdivision ( c ); the use of dangerous drugs to an extent or in a manner dangerous to the licensee, others, or the public, in violation of Business and Professions section 2239, subdivision (a); the prescribing of medication without a good faith prior examination, in violation of Business and Professions Code section 2242; failing to maintain complete and accurate records, in violation of Business and Professions Code section 2266; and general unprofessional conduct, in violation of Business and Professions Code section 2234. These violations stemmed from Respondent's frequent writing of prescriptions for Xanax, Adderall, Ambien, Vicodin, and testosterone without performing and/or documenting a patient history and physical examination; repeatedly failing to record an adequate treatment plan; repeatedly prescribing Adderall without the necessary medical expertise or basis to diagnose and/or treat attention deficit disorder; and inappropriately cross-prescribing controlled substances to a patient while maintaining a longstanding, close personal relationship with the patient.
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5. Respondent's certificate was revoked, but the revocation was stayed, and the certificate was placed on probation for three years upon terms and conditions. Respondent's probation was subsequently tolled due to a period of non-practice, and reset to terminate on March 11, 2018.
6. On November 3, 2014, Danielle Farwell, an inspector of the Board's probation unit, met with Respondent, gave him a copy of the Decision that included the terms and conditions of his probation, and reviewed each term and condition with him. Respondent signed a document acknowledging that he received a copy of the Decision, that Ms. Farwell explained all of terms to him, and that Ms. Farwell addressed any questions Respondent had about the conditions of his probation.
7. Condition 2 of Respondent's probation provided:
"2. CONTROLLED SUBSTANCES -ABSTAIN FROM USE. Respondent shall abstain completely from the personal use or possession of controlled substances as defined in the California Uniform Controlled Substances Act, dangerous drugs as defined by Business and Professions Code section 4022, and any drugs requiring a prescription. This prohibition does not apply to medications lawfully prescribed to Respondent by another practitioner for a bona fide illness or condition.
Within 15 calendar days of receiving any lawfully prescribed medications, Respondent shall notify the Board or its designee of the issuing practitioner's name, address, and telephone number; medication name, strength, and quantity; and issuing pharmacy name, address, and telephone number.
If Respondent has a confirmed positive biological fluid test for any substance (whether or not legally prescribed) and has not reported the use to the Board or its designee, Respondent shall receive notification from the Board or its designee to immediately cease the practice of medicine. The Respondent shall not resume the practice of medicine until final decision on an accusation and/or a petition to revoke probation. An accusation and/or petition to revoke probation shall be filed by the Board within 15 days of the notification to cease practice. If the Respondent requests a hearing on the accusation and/or petition to revoke probation, the Board shall provide the Respondent with a hearing within 30 days of the request, unless the Respondent stipulates to a later hearing. A decision shall be received from the Administrative Law Judge or the Board within 15 days unless good cause can be shown for the delay. The cessation of practice shall not apply to the reduction of the probationary time period.
If the Board does not file an accusation or petition to revoke probation within 15 days of the issuance of the notification to cease practice or does not provide Respondent with a
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hearing within 30 days of such a request, the notification of cease practice shall be dissolved"
(Exhibit 4, pages 0059-0060.)
8. Condition 3 of Respondent's probation provided:
"3. BIOLOGICAL FLUID TESTING. Respondent shall immediately submit to biological fluid testing, at Respondent's expense, upon request of the Board or its designee. 'Biological fluid testing' may include, but is not limited to, urine, blood, breathalyzer, hair
follicle testing, or similar drug screening approved by the Board or its designee. Prior to practicing medicine, Respondent shall contract with a laboratory or service approved in advance by the Board or its designee that will conduct random, unannounced, observed, biological fluid testing. The contract shall require results of the tests to be transmitted by the laboratory or service directly to the Board or its designee within four hours of the results becoming available. Respondent shall maintain this laboratory or service contract during the period of probation. ·
A certified copy of any laboratory test result may be received in evidence in any proceedings between the Board and Respondent.
If Respondent fails to cooperate in a random biological fluid testing program within the specified time frame, Respondent shall receive a notification from the Board or its designee to immediately cease the practice of medicine. The Respondent shall not resume the practice of medicine until final decision on an accusation and/or a petition to revoke probation. An accusation and/or petition to revoke probation shall be filed by the Board within 15 days of the notification to cease practice. If the Respondent requests a hearing on the accusation and/or petition to revoke probation, the Board shall provide the Respondent with a hearing within 30 days of the request, unless the Respondent stipulates to a later hearing. A decision shall be received from the Administrative Law Judge or the Board within 15 days unless good cause can be shown for the delay. The cessation of practice shall not apply to the reduction of the probationary time period.
If the Board does not file an accusation or petition to revoke probation within 15 days of the issuance of the notification to cease practice or does not provide Respondent with a hearing within 30 days of such a request, the notification of cease practice shall be dissolved."
(Exhibit 4, pages 0060-0061.)
9. Pursuant to Condition 3, Respondent, on October 14, 2014, contracted with FirstLab to administer random biological fluid tests. In order to learn whether he had been
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selected by FirstLab to submit biological fluid samples on any given day, Respondent was required to make daily contact with FirstLab, either through the FirstLab Test Notification website, or by calling from a landline to access the FirstLab Inter-Active Daily Voice Response. If selected for testing, Respondent was then required to report to a FirstLab- approved testing site and be tested that same day.
10. Condition 18 of Respondent's probation provided:
"18. 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 Board, 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 filed against Respondent during probation, the Board shall have continuing jurisdiction until the matter is final, and the period of probation shall be extended until the matter is final."
(Exhibit 4, page 0068.)
11. The Disciplinary Order provided for the cessation of Respondent's practice if he failed to cooperate in a random biological fluid testing program. On December 28, 2016, December 30, 2016, and January 13, 2017, Respondent failed to provide a biological fluid sample to FirstLab, in violation of Condition 3 of his probation. Consequently, on February 7, 2017, the Board issued and served a Cease Practice Order against Respondent, immediately prohibiting Respondent from engaging in the practice of medicine pending a final decision in a Petition to Revoke Probation filed by Complainant on February 21, 2017. Respondent also failed to provide a biological fluid sample on February 7, 2017, and February 8, 2017.
12. After an administrative hearing entitled In the Matter of the Petition to Revoke ProbationAgainstBabakAbed~ MD., Case No. 800-2017-029642, the Board issued a Decision and Order, effective May 24, 2017, revoking Respondent's certificate. However, the revocation was stayed and Respondent's certificate was placed on probation for a period of 18 months on the same terms and conditions adopted by the Board in its Decision and Order in Case No. 10-2011-219428.
13. On May 2, 2017, Ruben Garcia, an inspector of the Board's probation unit, met with Respondent, gave him a copy of the Decision that included the terms and conditions of his probation, and reviewed each term and condition with him. Respondent signed a document acknowledging that he received a copy of the Decision, that Mr. Garcia explained all of terms to him, and that Mr. Garcia addressed any questions Respondent had about the conditions of his probation.
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14. On May 10, 2017, Respondent was selected to provide a hair sample for testing, and was informed accordingly. However, when Respondent arrived at the First Lab-approved testing site, FirstLab staff could not retrieve a sample, because Respondent had shaved his hair. At the hearing, Respondent explained that it was his custom and practice to shave his head and body hair to stay cool during the warm summer months. Respondent denied shaving his hair to prevent FirstLab from extracting a sample, and offered FirstLab staff to retrieve a sample from his eyebrows, but they declined.
15. On August 14, 2017, FirstLab selected Respondent to provide a biological fluid sample. Respondent failed to submit the requisite sample.
16. On August 18, 2017, FirstLab selected Respondent to provide a biological fluid sample. Respondent submitted the requisite sample. An analysis of the sample showed a positive result for d-methamphetamine. D-methamphetamine is a schedule II controlled substance-a stimulant commonly known as speed. Respondent had not lawfully been prescribed dmethamphetamine.
17. DavidJ. Kuntz, PhD, F-ABFT, from Clinical Reference Laboratory (CRL) testified at the hearing. Dr. Kuntz is responsible for the overall direction, regulatory aspects, and functioning of CRL, which is a laboratory that analyzes biological fluid samples, including those collected by FirstLab. CRL is one of 27 federally certified laboratories, and is subjected to extensive governmental oversight. CRL analyzes between 13,000 and 15,000 samples per day, and five-percent of those samples are considered "dilute samples." Dilute samples typically occur when individuals overhydrate, consequently lowering their creatinine levels in their urine, in an effort to eliminate detection of certain drugs in their system. Respondent's August 18, 2017 sample was a dilute sample. Consequently, CRL performed additional testing on the sample which detected d-methamphetamine.
18. On August 25, 2017, the Board issued and served a Cease Practice Order against Respondent, immediately prohibiting Respondent from engaging in the practice of medicine pending a final decision in the pending Petition to Revoke Probation filed by Complainant on September 8, 2017.
Respondent's Testimony
19. At the hearing, Respondent explained that he failed to submit a sample on August 14, 2017, because he had been ill for nearly a week and could not get out of bed. Respondent testified that he missed work that day too, and thus, could not provide anesthesia services to patients undergoing surgery performed by Dr. Mohammad Khosravi. Respondent did not contact the Board to advise that he had been ill and therefore could not appear to submit a sample, but admitted to contacting Dr. Khosravi to advise that he would not be coming to work.
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20. With respect to the d-methamphetamine detected in his biological fluid sample, Respondent denies ingesting any. Respondent speculated that someone may have given him some d-methamphetamine without his knowledge.
21. Respondent wishes to maintain his license. He considers these probation revocation proceedings, including the Cease Practice Orders, as wake-up calls, and is willing and ready to "do whatever it takes" to comply with the terms of his probation.
22. Respondent offered nothing but his own testimony. He proffered no witness testimony or letters of support from those who know him that would have provided some confirmation that Respondent's certificate should not be revoked to protect the public.
LEGAL CONCLUSION
1. The purpose of administrative license discipline is not to punish, but to protect the public by eliminating practitioners who are dishonest, immoral, disreputable or incompetent. (Fahmy v. Medical Board of California (1995) 38 Cal.App.4th 810, 817.)
2. While a licensing board is required to prove the allegations in an accusation by clear and convincing evidence, a licensing board is only required to prove the allegations in a petition to revoke probation by a preponderance of the evidence. (Sandarg v. Dental Bd. of California (2010) 184 Cal.App.4th 1434, 1442.)
3. A "preponderance of the evidence" is usually defined in terms of"probability of truth," for example, as evidence that, "when weighed with that opposed to it, has more convincing force and the greater probability of truth." In deciding whether a party has met his or her burden of proof, courts consider both direct and circumstantial evidence, and all reasonable inferences to be drawn from both kinds of evidence, giving full consideration to the negative and affirmative inferences to be drawn from all of the evidence, including that which has been produced by the opposing party. (Leslie G. v. Perry &Associates (1996) 43 Cal.App.4th 472, 482-483.)
4. Complainant has established by a preponderance of the evidence that Respondent has violated the terms of his probation, by reason of Findings 3 through 18.
5. Even though Complainant has established her burden, Respondent asks the Board for yet another chance to show that he can comply with the terms of his probation, even though he again violated the terms of his probation just three months after the Board's Disciplinary Order. That Order, effective May 24, 2017, provided, in lieu of revocation, for an extension of Respondent's probation for a period of 18 months. While Respondent has committed to doing whatever it takes to comply with the terms of his probation, his promise
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rings hollow given his repeated failures, and it does nothing to reassure the Board that if he is permitted to retain his certificate, he will not re-off end.
ORDER
1. The stay of the revocation of Respondent Babak Abedi, M.D. 's Physician's and Surgeon's Certificate number A95902 imposed in the Board's Decision and Order, effective May 24, 2017, in Case No. 800-2017-029642, is vacated.
2. Respondent Babak Abedi, M.D.'s Physician's and Surgeon's Certificate number A95902 is revoked.
3. The cease practice order shall remain in effect during the pendency of the Board's Decision and Order in this matter.
Date: October 31, 2017
C 4 se.8G'AARETT Administrative Law Judge Office of Administrative Hearings
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XAVIER BECERRA Attorney General of California MATTHEW M. DA VIS Supervising Deputy Attorney General TESSA L. HEUNIS . Deputy Attorney General State Bar No. 241559
600 West Broadway, Suite 1800 San Diego; CA 92101 P.O. Box 85266 San Diego, CA 92186-5266 Telephone: (619) 738-9403 Facsimile: (619) 645-2061
FILED STATE OF CALIFORNIA
MEDICAL BOARD Ok CALIFOflNIA sAc~NTO Seo rnber f 20£1. BY· lll(t?!J;) r. ANALYST
8 Attorneys for C:omplainant
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BEFORE THE MEDICAL BOARD OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA
In the Matter of the Petition to Revoke Probation Against:
Babak Abedi, M.D. 7095 Hollywood Boulevard #706 Hollywood, CA 90028-8903
Physician's and Surgeon's Certificate No. A 95902,
Respondent.
Case No. 8002017035978
PETITION TO REVOKE PROBATION
20 Complainant alleges:
21 PARTIES
22 1. Kimberly Kirchmeyer (complainant) brings this Petition to Revoke Probation solely
23 in her official capacity as the Executive Director of the Medical Board of California, Department
24 of Consumer Affairs (Board).
25 2. On or about June 9, 2006, the Board issued Physician's and Surgeon's Certificate
26 No. A 95902 tb Babak Abedi, M.D. (respondent). The Physician's and Surgeon's Certificate was
27 in full force and effect at all times relevant to the charges and allegations brought herein and will I .
28 expire on March 31, 2018, unless renewed.
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(BABAK ABEDI, M.D.) PETITION TO REVOKE PROBATION NO. 800201703597 .
1 PRI°OR DISCIPLINE
2 · 3. In a prior disciplinary action entitled In the Matter of the Accusation Against Babak
3 Abedi, MD., Case No. 10-2011-219428, the Board issued a decision and order, effective
4 October 8, 2014, in which respondent's Physician's and Surgeon's Certificate No. A 95902 was
5 revoked. The revocation was stayed, however, and respondent's Physician's and Surgeon's
6 Certificate Number A 95902 was placed on probation for a period of three (3) years with certain
7 terms and conditions. Subsequently, due to a period of non-practice, respondent's probation was
8 tolled and reset to terminate on March 11, 2018.
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4. At all times after the effective date ofrespondent's probation in Case No. 10-2011-
219428, Condition No. 18 ofrespondent's probation provided:
"18. 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 Board, 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 filed against Respondent
during probation, the Board shall have continuing jurisdiction until the matter is final, and
the period of probation shall be extended until the matter is final."
. 5. On or about February 7, 2017, the Board issued and served a Cease Practice o.rder
against respondent, immediately prohibiting him from engaging in the practice of medicine
pending a final decision on the instant Petition to Revoke Probation. That Cease Practice Order
was based on respondent's failure to obey Probationary Condition No. 3 of the Board's Decision
and Order in Case No. 10-2011-219428.
6. After an administrative hearing in the matter entitled In the Matter of the Petition to
Revoke Probation AgainstBabak Abedi, MD., Case No. 8002017029642, the Board issued a
decision and order, effective May 24, 2017, in which respondent's Physician's and Surgeon's
Certificate No. A 95902 was revoked. The revocation was stayed, however, and respondent's
Physician's and Surgeon's Certificate No. A 95902 was placed on probation for a period of
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(BABAK ABEDI, M.D.) PETITION TO REVOKE PROBATION NO. 800201703597
1 eighteen (18) months on the same terms and conditions as were adopted by the Board in its
2 Decision and Order in Case No.10-2011-219428, effective Octob'er 8, 2014.
3 7. On or about May 2, 2017, respondent received a copy of the Board's Decision and
4 Order in Case No. 8002017029642, and an explanation of the terms and conditions of his
5 pr~bation.
6 8. At all times after the effective date of respondent's probation in Case No.
7 8002017029642, Condition No. 18 ofrespondent's probation in Case No. 10-2011-219428, as
8 adopted by the Board in Case No. 8002017029642·, provided:
9 "18. VIOLATION OF PROBATION. Failure to fully comply with any term or
10 condition of probation is a violation of probation. If Respondent violates probation in any
11 respect, the· Board, after giving Respondent notice and the opportunity to be heard, may
12 revoke probation and carry out the disciplinary order that was stayed. If an Accusation, or
13 Petition to Revoke Probation, or an Interim Suspension Order is filed against Respondent
14 during probation, the Board shall have continuing jurisdiction until the matter is final, and
15 the period of probation shall be extended until the matter ~s final."
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9. On or about August 25, 2017, the Board issued and served a Cease Practice Order
against respondent, immediately prohibiting him from engaging in the practice of medicine
pending a final decision on the instant Petition to Revoke Probation. That Cease Practice Order
was based on respondent's failure to obey Probationary Condition No. 3 of the Board's Decision . I
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and Order in Case No. 10-2011-219428, as adopted by the Board in Cas_e No. 8002017029642.
JURISDICTION
22 10. This Petition to Revoke Probation is brought before the Board under the authority of
23 the following laws and the Board's Decision and Order in Case No. 8002017029642. All section
24 references are to the Business and Professions Code (Code) unless.otherwise indicated.
25 11. Section 2227 of the Code states:
26 "(a) A licensee whose matter has been heard by an administrative law judge of the
27 Medical Quality Hearing Panel as designated in Section 11371 of the Government Code, cir
28 whose default has been entered, and who is found guilty, or who has entered into a
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. (BABAK ABEDI, M.D.) PETITION TO REVOKE PROBATION NO. 800201703597
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stipulation for d~sciplinary action with the board, may, in accordance with the provisions of
this chapter:.
"(1) Have his or her license revoked upon order of the board.
"(2) Have his or her right to practice suspended for a period not to exceed one year
upon order of the board.
"(3) Be placed on probation and be required to pay the costs of probation monitoring
upon order of the board.
"(4) Be publicly reprimanded by the board. The public reprimand may include a
requirement that the licensee complete relevant educational courses approved by the board.
"(5) Have any other action taken in, relation to discipline as part of an order of
probation, as the board or an administrative law judge may deem proper.
" "
FIRST CAUSE TO REVOKE PROBATION
(Failure to Comply With Required Biological Fluid Testing)
15 12. At all times after the effective date ofrespondent's probation in Case No.
16 8002017029642, Condition No. 3 ofrespondent's probation 1n Case No. 10-2011-219428 as
17 adopted by the Board in Case No. 8002017029642, provided:
18 "3. BIOLOGICAL FLUID TESTING. Respondent shall immediately submit to
19 biological fluid testing, at Respondent's expense, upon request of the Board or its
20 _ designee. "Biological fluid testing" may include, but is not limited to, urine, blood,
21 breathalyzer, hair follicle testing, or similar drug screening approved by the Board or
22 its designee. Prior to practicing medicine, Respondent shall contract with a laboratory
23 or service approved in advance by the Board or its designee that will conduct random,
24 unannounced, observed, biological fluid testing.· The contract shall require results of
25 the tests to be transmitted by the laboratory or service directly to the Board .or its
26 designee within four hours of the results becoming available. Respondent shall
27 maintain this laboratory or service contract during the period of probation.
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(BABAK ABEDI, M.D.) PETITION TO REVOKE PROBATION-NO. 800201703597
1 "A certified copy of any laboratory test result may be received in evidence in
2 any proceedings between the Board and Respondent.
3 "If Respondent fails to cooperate in a random biological fluid testing program
4 within the specified time frame, Respondent shall receive a notification from-the
5 Board or its designee to immediately cease the practice of medicine. The Respondent
6 · shall not resume the practice of medicine until final decision on an accusation and/or a
7 petition to revoke probation. An accusation and/or petition to revoke probation shall
8 be filed by the Board within 15 days of the notification to cease practice. If the
9 Respondent requests a hearing on the accusation and/or petition to revoke probation,
1 O the Board shall provide the Respondent with a hearing within 3 0 days of the request,
11 unless the Respondent stipulates to a later hearing. A decision shall be received from
12 the Administrative Law Judge or the Board within 15 days unless good cause can be
13 shown for the delay. The cessation of practice shall not apply to the reduction of the
14 probationary time period.
15 · "If the Board does not file an accusation or petition to revoke probation within
16 15 days of the issuance of the notification t6 cease practice or does not provide· I
17 R~spondent with a hearing within 30 days of a such a request, the notification of cease
18 practice shall be dissolved."
19 13. On or about October 14, 2014, respondent entered into an agreement with First
20 Hospital Laboratories Inc., doing business as FirstLab. . - .
21 14. Pursuant to Condition No. 3 ofrespondent's probation and the agreement entered into
22 between respondent and .FirstLab, respondent was required, among others, tb submit to random
23 biological fluid tests administered by Firstlab. In order to ascertain whether he had been selected
24 to be tested on any particular day, respondentwas required to make daiJy contact with FirstLab,
25 either through the FirstLab Test Notification web site, or by a call from a landline to the FirstLab
· 26 Inter-Active Daily Voice Response. If selected for testing, respondent was then require'tl to report
27 to a FirstLab approved testing site and be tested that .same day.
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(BABAK ABEDI, M.D.) PETITION TO REVOKE PROBATION NO. 800201703597
1 15. On August 14, 2017, respondent was selected to be tested that day, and was informed
2 accordingly; however, respondent failed to report to a FirstLab approved testing site for testing,
3 as required.
4 16. Respondent's probation is subject to revocation because he failed to comply with
5 Condition No. 3 of his probation in Case No. 10-2011-219428, as adopted by the Board in Case
6 No. 8002017029642.
7 SECOND CAUSE TO REVOKE PROBATION
8 (Positive Test)
9 17. At all times after the effective date ofrespondent's probation in Case No.
10 8002017029642, Condition No. 2 ofrespondent's probation in Case No. 10-2011-219428 as
11 adopted by the Board in Case No. 8002017029642, provided:
12 "2. CONTROLLED SUBSTANCES - ABSTAIN FROM USE. Respondent
·13 shall.abstain completely from the personal use or possession of controlled substances
14 as defined in the California Uniform Controlled Substances Act, dangerous drugs as
15 defined by Business and Professions Code section 4022, and any drugs requiring a
16 prescription. This prohibition does not apply to medications lawfully prescribed to
1 7 Respondent by another practitioner for a bona fide illness or condition.
18 "Within 15 calendar days of receiving any lawfully prescribed medications,
19 Respondent shall notify the Board or its designee of the: issuing practitioner's name,
20 address, and telephone number; medication name, strength, and quantity; and issuing
21 . pharmacy name, address, and telephone number.
22 "If Respondent has a confirmed positive biological fluid test for any substance
23 (whether or not legally prescribed) and has not repmied the use to the Board or its
24 designee, Respondent shall receive a notification from the board or its designee to
25 · immediately cease the practice of medicine. The Respondent shall not resume the
26 practice of medicine until final decision on an accusation and/or a petition to revoke
27 probation.. An accusation and/or petition to revoke probation shall be filed by the
28 board within 15 days of the notification to cease practice. If the Respondent requests
6
(BABAK ABEDI, M.D.) PETITION TO REVOKEPROBATION NO. 800201703597
1 a hearing on the accusation and/or petition to revoke probation, the Board shall
2 provide the Respondent with a hearing within 30 days of the request, unless the
3 Respondent stipulates to a later hearing. A decision shall be received from the
4 Administrative Law Judge or the Board within 15 days unless good cause can be
5 shown for the delay. The cessation of practice shall not apply to the reduction of the
6 probationary time period.
7 "If the board does not file an accusation or petition to revoke probation within
8 15 days of the issuance of the notification to cease practice or does not provide·
9 Respondent with a hearing within 30 days of such a request, the notification of cease
1 O practice shall be dissolved."
11 18. On August 18, 2017, Respondent provided a biological fluid sample at a FirstLab
12 approved testing site, which was analyzed and found to be positive for d-methamphetamin:e, a
13 sch~dule II controlled substance.
14 19. Respondent has not been lawfully prescribed d-methamphetamine.
15 20. Respondent's probation is subject to revocation because he failed to comply With
16 Condition No. 2 of his probation in Case No. 10-2011-219428 as adopted by the Board in Case
17 No. 8002017029642.
18 FACTORS IN AGGRAVATION
19 21. On or about May 10, 2017, respondent was selected to provide a hair sample for
20 testing, and was informed accordingly.
21 22. On the same day, respondent arrived at the FirstLab approved testing site and was
22 unable to provide any hair sample due to a lack of suitable head or body hair.
23 PRAYER
24 WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged,
25 and that following the hearing, the Medical Board of California issue a decision:
26 1. Revoking the probation that was granted by the Medical Board of California in Case
27 No. 10-2011-219428 as adopted by the Board in Case No. 8002017029642, and imposing the
28 II 11
7
(BABAK ABEDI, M.D.) PETITION TO REVOKE PROBATION NO. 800201703597
disciplinary order that was stayed, thereby revoking Physician's and Surgeon's Certificate
2 . No. A 95902, issued to Respondent Babak Abedi, M.D.;
3 2. Revoking or suspending Physician's and Surgeon's Certificate No. A 95902, issued
4 to Respondent Babak Abedi, M.D.;
5 .., .) . Revoking, suspending or denying approval of Respondent Babak Abedi, M.D.'s
6 authority to supervise physician assistants, pursuant to section 3527 of the Code, and advanced
7 practice nurses;
8 4. Ordering Respondent Babak Abedi, M.D., if placed on probation, to pay the Board
9 the costs of probation monitoring; and
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5. Taking such other and further action as deemed necessary and proper.
DATED: ~ CZ) W t=f· ~S5a_ li-~. dfv KIMBERLY KIRCHMEYER Executive Director Medical Board of California Department of Consumer Affairs State of California Complainant
8
(BABAK ABEDI, M.D.) PETITION TO REVOKE PRO~ATION N?. 800201703597
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