ehab farouk abdalah, m.d.4patientsafety.org/documents/abdalah, ehab farouk 2010-09...ehab farouck...
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BEFORE THE MEDICAL BOARD OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA
In the Matter of the Accusation ) Ag~n~: )
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EHAB FAROUK ABDALAH, M.D. ) ) ) ) )
Respondent. ) )
File No. 16-2009-203767
ORDER CORRECTING NUNC PRO TUNC CLERICAL ERROR OF THE "APPLICANT'S MIDDLE NAME BEING MISSPELLED"
On its own motion, the Medical Board of California (Board) finds that there was an "error in the spelling of the respondent's middle name" on the portion of the Decision on the aboveentitled matter and such clerical errors should be corrected so that the respondent's middle name may be spelled correctly, thus conforming to the Board's intention.
IT IS HEREBY ORDERED that the misspelling of the respondent's middle name contained on the Order Page of the Decision in the above-entitled matter is amended and corrected nunc pro tune as of the date of entry of the Decision to read as follows:
"FAROUK"
DATED September 3, 2010.
BEFORE THE MEDICAL BOARD OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA
In the Matter of the Accusation ) ) Against:
EHAB FAROUCK AROALAH, M.D. Physician's and Surgeon's Certificate No. A 97083
) ) ) ) ) )
File No. 16-2009-203767
Respondent. )
DECISION
The attached Stipulated Settlement 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.m. on September 30, 2010.
IT IS SO ORDERED September 1, 2010.
MEDICAL BOARD OF CALIFORNIA
By:~~~~~~~~~Shelton Duruisseau, Ph.D. Chair, Panel A
1 EDMUND G. BROWN JR. Attorney General of California
2 JOSE R. GUERRERO Supervising Deputy Attorney General
3 JANE ZACK SIMON Deputy Attorney General
4 State Bar No. 116564 455 Golden Gate Avenue, Suite 11000
5 San Francisco, CA 94102-7004 Telephone: (415) 703-5544
6 Fax: (415) 703-5480 E-mail: J [email protected]
7 Attorneys for Complainant Medical Board of California
BEFORE THE
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MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS
STATE OF CALIFORNIA
13 In the Matter of the Accusation Against:
14 EHAB FARO UK ABDALAH, M.D. 6745 N. 93rd Avenue, #1104
15 Glendale, AZ 85305
16 Physician's and Surgeon's
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Certificate No. A97083
Respondent.
Case No. 16-2009-203767
STIPULATED SETTLEMENT AND DISCIPLINARY ORDER FOR PUBLIC REPRIMAND
20 IT IS HEREBY STIPULATED AND AGREED by and between the parties to the
21 above-entitled proceedings as follows:
22 1. An Accusation in case number 16-2009-203767 was filed with the
23 Medical Board of California (the Board) and is currently pending against Ehab Farouk Abdalah,
24 M.D. ("Respondent.")
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2. At all times releva~t herein, Respondent has been licensed by the Medical
Board of California under Physician's and Surgeon's Certificate No. A97083, issued by the Board
on August 30, 2006. The certificate is renewed and current.
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Stipulated Settlement and Disciplinary Order- Public Reprimand (16-2009-203767)
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3. The Accusation, together with all statutorily required documents, was duly
served on Respondent. A copy of Accusation No. 16-2009-203767 is attached as "Exhibit A."
4. Linda K. Whitney (Complainant) is the current Executive Director of the
Board. This action has at all times been brought and maintained solely in the official capacity of
the Board's Executive Director, who is represented by Edmund G. Brown Jr., Attorney General
of the State of California, by Jane Zack Simon, Deputy Attorney General.
5. Respondent is represented in this matter by Alan I. Kaplan, Attorney at
Law, 11111 Santa Monica Blvd., Suite 1000, Los Angeles, CA 90025-3333.
6 Respondent has carefully read, discussed with counsel and understands the
charges and allegations in the Accusation. Respondent has also carefully read, discussed with
counsel, and understands the effects of this Stipulated Settlement and Disciplinary Order for
Public Reprimand.
7. Respondent is fully aware of his legal rights in this matter, including the
right to a hearing on the charges and allegations in the 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. Respondent voluntarily,
knowingly, and intelligently waives ~nd gives up each and every one of these rights.
8. In order to avoid the expense and uncertainty of a hearing, Respondent
admits that cause exists to discipline his physician's and surgeon's certificate pursuant to
Business and Professions Code sections 2305 and 141.
9. All admissions made by Respondent herein are only for the purposes of
this proceeding, or any other proceedings in which the Medical Board of California or other
professional licensing agency is involved, and shall not be admissible in any other criminal or
civil proceeding.
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Stipulated Settlement and Disciplinary Order- Public Reprimand (16-2009-203767)
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10. Respondent aclrnowledges that he shall not be permitted to withdraw from
this Stipulation unless it is rejected by the Board. Respondent understands and agrees that Board
staff and counsel for complainant may communicate directly regarding this Stipulation, without
notice to or participation by Respondent or his counsel. If the Board fails to adopt this stipulation
as its Order, the stipulation shall be of no force or effect, it shall be inadmissible in any legal
action between the parties, and the Board shall not be disqualified from further action in this
matter by virtue of its consideration of this stipulation.
11. Based on the foregoing, the parties agree that the Board shall, without
further notice or formal proceedings, issue and enter the following Order:
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DISCIPLINARY ORDER
A. PUBLIC REPRIMAND
IT IS HEREBY ORDERED THAT respondent Ehab Farouk Abdalah, M.D. as
holder of Physician's and Surgeon's Certificate No. A97083, shall be and hereby
is publicly reprimanded pursuant to Business and Professions Code section 2227.
This Public Reprimand is issued as a result of action undertaken by the Arizona
Medical Board as follows:
On December 2, 2009, the Arizona Medical Board issued.a disciplinary
order containing factual findings that Respondent lrnowingly made
misstatements or omissions on hospital staff privilege applications. Based
on these findings, the Arizona Medical Board issued a Letter of Reprimand
and placed Respondent on probation for a year. He was required to take
coursework in ethics.
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Stipulated Settlement and Disciplinary Order- Public Reprimand (16-2009-203767)
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ACCEPTANCE
1 have read the foregoing Stipulated Settlement and D~sciplinary Order for Public I
Reprimand in its entirety, and have discussed it ·with. my attorney. ! f\tlly understand the terms of i .
the stipulation and their legal significance and the consequences of signing the stipulation, and i
thatlagreeto this stipulation. !stipulate and agree that a FAX. or e1e~tronio copy of my signature
shall be binding as an original. I
I I I DATIID ?'f ! / t r ({) J1 ,,! /J ,,f /J
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EHAB FAROUKABDALA.S:J M.D • . Respondent I
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A.PPR.OVAL \ . .
I have read and fully discussed with RespondentBhab Farouk 1bda1ah, M.D. the teIDls and
conditions and other matters contained in this Stipulated S ement abd Disciplinary Order .for I
Public Reprimand. t approve its form and content.
16 DATED:
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ALANI. KAPLAN.
Attorney for Respondent
ENDORSEMENT i
The foregoing Stipulated Settlement and Disciplinary 4rder for Public Reprimand i
is hereby respectfolly submitted for consideration by the Medical Boru/d of California.
Dated: -----
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I Respectfully SubtjAitted,
I EDMUND G. BRO\~ JR. Attorney General pfCalifomia
J A..NI; ZACK. SnvroJ Deputy Attorney Q1eneral Attorneys fm· Co1tje_laincmt lvJedical Eoard o/'{::a/ifornia
I Stipulat~dScttlemen:t and Disciplinary Order- J>u*lic Reprimfill.d (16-2009-203761)
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l 'd s l so 'ON r~n9·60L1r9 ~:~ ·~a~wnft 'JHl'w \fvt>. o vJ Q-..J Ao v~li~ lu...:Jr.1
1 ACCEPTANCE
2 I have read the foregoing Stipulated Settlement and Disciplinary Order for Public
3 Reprimand in its entirety, and have discussed it with my attorney. I fully understand the terms of
4 the stipulation and their legal significance and the consequences of signing the stipulation, and
5 that I agree to this stipulation. I stipulate and agree that a FAX or electronic copy of my signature
6 shall be binding as an original.
7 DATED: _______ _
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9 EHAB FAROUK ABDALAH, M.D.
1 O Respondent
11 APPROVAL
12 I have read and fully discussed with Respondent Ehab Farouk: Abdalah, M.D. the terms and
13 conditions and other matters contained in this Stipulated Settlement and Disciplinary Order for
l4 Public Reprimand. I approve its form and content.
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l6 DATED:
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ALAN I. KAPLAN
Attorney for Respondent
ENDORSEMENT
The foregoing Stipulated Settlement an4 Disciplinary Order for Public Reprimand
is hereby respectfully submitted for consideration by the Medical Board of California.
Dated: -A\.A<JUOJ '3 "'Lo\~ Respectfully Submitted,
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Stipulated Settlement and Disciplinary Order- Public Reprimand (16-2009-203767)
Exhibit A
1 EDMUND G. BROVlN JR. Attorney General of California
2 JOSE R. GUERRERO Supervising Deputy Attorney General
3 JANE ZACK STh10N Deputy Attorney General
4 State Bar No. 116564 455 Golden Gate A venue, Suite 11000
5 San Francisco, CA 94102-7004 Telephone: (415) 703-5544
6 Fax: (415) 703-5480 E-mail: [email protected]
7 Attorneys for Complainant Medical Board of California
FILED STATE OF CALIFORNIA
.MEDICAL BOARD QF CALIFORNIA SACRAMENTO ::IA:flv..Af!.;..'('z. 'f, 201 t>
'BY: ::r16L.c.UAf( ANALYST -
BEFORE THE
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MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS
STATE OF CALIFORNIA
13 In the Matter of the Accusation Against:
14 EHABFAROUKABDALAH,M.D. 6745 N. 93rd A venue, #1104
15 · Glendale, AZ 85305
16 Physician's and Surgeon's
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Certificate No. A97083
The Complainant alleges:
Respondent.
Case No. 16-2009-203767
ACCUSATION
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1. Complainant Barbara Jo1mston is the Executive Director of the Medical
Board of California, Department of Consumer Affairs, and brings this Accusation solely in her
official capacity.
2. On or about August 30, 2006, Physician's and Surgeon's Certificate
26 No. A97083 was issued by the Medical Board of California to Ehab Farouk Abdalah, M.D.
27 · (hereinafter "respondent.") The certificate is delinquent with an expiration date of December 31,
28 2009.
Accusation (16-2009-203767)
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JURISDICTION
This Accusation is brought before the Medical Board of California1,
3 (hereinafter the "Board") under the authority of the following sections of the California Business
4 and Professions Code (hereinafter "Code") and/or other relevant statutory enactment: ..
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A Sec~ion 2227 of the Code provides in part that the Board may
revoke, suspend for a period not to exceed one year, or place on probation, the license of
any licensee who has been found guilty under the Medical Practice Act, and may recover
the costs of probation monitoring.
B. Section 2305 of the Code provides, in part, thi~.t the revocation,
suspension, or other discipline, restriction or limitation imposed by another .state upon a
license to practice medicine issued by that state, that would have been grounds for
discipline in California under the Medical Practice Act, constitutes grounds for discipline
for unprofessional conduct.
C. Section 141 of the Code provides:
"(a) For any licensee holding a license issued by a board under the jurisdiction of a department, a disciplinary action taken by another state, by any agency of the federal government, or by another country for any act substantially related to the practice regulated by the California license, may be ground for disciplinary action by the respective state licensing board. A certified copy of the record of the disciplinary action taken against the licensee by another state, an agency of the federal govermnent, or by an.other country shall be conclusive evidence of the events related therein.
"(b) Nothing in this section shall preclude a board from applying a specific statutory provision in the licens,ing act adn1inistered by the board that provides for discipline based upon a disciplinary action taken against the licensee by another state, an agency of the federal government, or another country."
1. As used herein, the tenn "Board" means the Medical Board of California. As used
27 herein, "Division of Medical Quality" shall also be deemed to refer to the Board.
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Accusation ( 16-2009-203767)
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FIRST CAUSE FOR DISCIPLINE
(Discipline, Restricti01~, or Limitation Imposed by Another State)
4. On or about December 2, 2009, the Arizona Medical Board issued its
Findings of Fact, Conclusions of Law and Order regarding respondent's license to practice
medicine in Arizona. The Arizona board made factual findings that respondent made .
misstatements or omissions on a hospital staff privilege application. Specifically, respondent on
three' separate applications failed to disclose that he sat for and failed the Board of Physical
Medicine and Rehabilitation Certification exam in 2003, 2006 and 2007; he failed to disclose that
he was placed on academic probation during his residency in 2002-2003; he failed to disclose a
· 2005 domestic violence charge (which was later expunged from his record). During a fonnal
interview with the Arizona Medical Board, respondent admitted that he signed the applications in
question, but argued that he did not fill them out and was not responsible for the omissions and
false statements. The Arizona Board noted that the same omissions occulTed on different
applications submitted at different times, and conclude that at least some of the information
provided by respondent was false or fraudulent and made knowingly. Based on these findings,
respondent was issued a Letter of Reprimand, and placed on probation for a year. He was
requjred to take coursework in ethics. A true and correct copy of the Findings of Fact,
Conclusions of Law and Order issued by the Arizona Medical Board is attached hereto as Exhibit
A.
5. Respondent's conduct and the action of the Arizona Medical Board as set
forth in paragraph 4, above, constitute unprofessional conduct within the meaning of section 2305
and conduct subject to discipline within the meaning of section 141 (a).
PRAYER
WHEREFORE, the complainant requests that a hearing be held on the 1natters
herein alleged, and that following the hearing, the Board issue a decision:
1. Revoking or suspending Physician's and Surgeon's Certificate Number
28 A97083 heretofore issued to respondent Ehab Farouk Abdalah, M.D.;
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Accusation (16-2009-203767)
1 2. Revoking, suspending oi· denying approval of the respondent's authority to
2 supervise physician assistants;
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3. Ordering respondent, if placed on probation, to pay the costs probation
monitoring; and
4. Taking such other and further action as the Board deems necessary and
proper.
DATED: January 28, 2010
Complainant
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Accusation (16-2009-203767)
Exhibit A
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BEFORE THE ARIZONA MEDICAL BOARD
3 ln the Matter of Board Case No. MD-08-1041A
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
4 EHAB F. ABDALAH, M.D.
5 Holder of Licer:ise No. 36239 For the Practice of Allopathic Medicine
6 In the State of Arizona. · (Letter of Reprimand with
Probation)
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The Arizona Medical Board ("Board") considered this matter at .its public meeting
on October 7, 2009. Ehab F.Abdalah, M.D., ("Respondent") appeared before the Board
Conclusions of Law and Order after due consideration of the facts and law applicable to
this matter.
FINDINGS OF FACT
1. The Board is the duly constituted authority for the regulation and control of
the practice of allopathic medicine in the State of Arizona.
2. Respondent is· the holder of License No. 36239 for the practice of
allopathic medicine in the State of Arizona. 19
21 stateme~ts in connection with his March 23, 2007, application for privileges at their
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facHity. The Banner Health Br>ard of Directors denied R.espondent's application for
privileges due to his omission of the following information from his application:
1 . Failure to disclose felony charges. 2. Failure to disclose probation during residency. 3. Failure to disclose a one-year pain fellowsh1p. 4.· Failure to disclose failure of.Board certification examinations. 5. Failure to disclose all hospitals to which he had applied.
1 4. The Banner Health application requires the applicant to "[L]ist dates on
2 which you sat or will sit for the examination and outcome" on 1he Board. Certification
3 page of the application form.
·4 5. Respondent failed on three separate applications to disclose that he
5 sat for the Board of Physical Medicine and Rehabilitation CertificatiG>n and failed
6 the exam in 2003, 2006 and 2007. Finally, on the fourth application that he
7 submitted, he provided the information relating to his failed board certification
8, exams.
9 6. The following question #2 appeared, on the Banner Health application
1 o submitted by Respondent:
11 "Are you currently under investigation or have you been subject to disciplinary or corrective action such as warning, reprimand, censure, probation, non-provisional
12 supervision, suspension, termination, revocation, reduction of privileges by any healthcare facility or professional organization?
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14 7. 1 Respondent answered l(non to, question # 2 even though be had
. 15 been placed on academic probation at Kansas University Medical Center in .or
16 about 2002-2003.
17 8. The following question #11 appeared , on the Banner Health
18 application submitted by Respondent:
19 ·~Have you ever been charged with 9r convicted of a felony (State/Federal)?
Have you ever been charged wtth or convicted ofa misdemeanor?"
20 9. Respondent answered "no" to question # , 11 on the Banner Health
21 application even though he was charged with Domestic Viojence in 2005. The charges
22 were later expunged from his record:
23 10. During his Formal Interview, Respondent admitt(:d that he, signed these
24 applications, but argued that he did not fill them out and was not responsible for the
25 omissions and false statements.
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1 11. He admitted, however, that when he signed ~he applications, he attested
2 to the fact that he had read the questions on the Banner Health application and his
3 answers were correct.
4 12. During the Formal Interview Board members observed that a physician is
5 responsible for the accuracy of applications even if others fill them out on the
6 physician's behaif.
7 13. Although Respondent claimed that the omissions on his applications were
8 simply oversights, a Board member noted that the same omissions occurred on ·
9 difl'.erent applications submitted at different times. Based on the repetition of the same
10 omissions on at least three different applications, the Board concluded that the
11 answers to the Board certification examination questions were false or fraudulent and
12 were made knowingly.
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CONCLUSIONS OF LAW.
The Arizona Medical Board possesses jurisdiction over the subject matter
15 hereof and over Respondent.
16 2. The Board has· received substantial evidence supporting the Findings of
17 Fact described above and said findings constitute unprofessional conduct or other
18 grounds for the Board to take disciplinary action.
19 · 3. The conduct and circumstances described above constitute
20 unprofessional conduct pursuant to A.R.S. §§ 32-1401(27)(t) - ("(k]nowingly
21 making any false or fraudulent statement, written or oral, in connection with the
22 practlce of medicine or if applying for privileges or renewing an application for
23 privileges at a health care institution.,,).
24 ORDER
25 Based upon the foregoing Findings of Fact and Conclusions of Law,
26 IT IS HEREBY ORDERED:
1. Respondent is issued a Letter of Rep~imand.
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1 2. Respondent is placed on probation for one year with the following terms
2 and conditions:
3 a. Continuing Medical Education
4 Respondent shall Vi.'.ithin one year of the effective date of this Order obtain 15 -
5 20 hours of Board Staff pre-approved Category I Continuing Medical Edµcatian (CME)
6 in ethics. Respondent shall provide Board Staff with satisfactory proof of attendance.
7 The CME hours shall be in addition to the hours requited for the biennial renewal of
8 medical license. The probation shall terminate upon successful completion of the CME.
9 b. Obey All Laws
10 Respondent shall obey all state, federal and lo~al laws, all rules governing the
11 practice of medicine in Arizona, !lnd remain in full. compliance with any court ordered
12 criminal probation, payments and other orders.
13 c. Tolling
14 In the event Respondent should leave Arizona to reside or practice
15 outside the State or for any reason should Respondent stop practicing medicine in
16 Arizona, Respondent shall notify the Executive Director in writing within ten days of
17 departure and return or the dates ~f non~practice within Arizona. Non-practice is
18 defined as any period of time exceeding thirty days during which Respondent is not
19 engaging in the practice of medicine. Periods of temporary or permanent residence or
20 practice outside Arizona or of non~practice within Arizona, will not apply to the reduction
21 of the probationary period.
22 3. The Board retains jurisdiction and may initiate new action based upon any
23. violation of this Order.
24 RlGHT TO PETITION FOR REHEARING OR REVIEW
25 Respondent is hereby notified that he has the right to petition for a rehealing or
26 review. The petition for rehearing or review must be filed wtth the Board's Executive
Director within thirty (30) days after service of this Order. A.R.S. § 41-1092.09(8). The
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1 petition for -rehearjng or review must set forth legally sufficient reasons: for granting a
2 rehearing or r~view. A.AC. R4-16-103. Service of this order is effective five (S) days
3 aftE:r date of mailing. A.RS.§ 41w1092.09(C). If a petition for rehearing 0r review is not
4 filed, the Board's Order becomes effective thirty-five (35) days after it is mailed to
5 Respondent.
6 Respondent is further notified that the filing of a motion for rehearing or review is
7 required to preserve any rights pf appeal to the Superior Court.
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DATE~,\lib~ day of December, 2009.
9 . ""'~'~\>- tAEDIC..i 11, ·
,:.~~. · .... ·~Qd'\ ARIZONA MEDICAL BOARD
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°'-#11 OF A~''"'' ,,,,, .. ,,,,, 14 O~INAL of the foregoing filed this ~day of December, 2009 with:
15 Arizona Medical Board
16 9545 East Doubletree Ranch Road
17 Scottsdale, Arizona 85256
18 Executed copy of the foregoing m~d by U.S. Mail this
19 .~day of December, 2009 to:
20 Stephen W. Myers, Esq.
21 Myers & Jenkins
22 One E. Camel back Road, Suite 500. Phoenix, AZ 85012~2910
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Executive Director
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