In the Matter of the Accusation ) Against: ) ) ) Marc Richard Rose, M.D. ) ) Physician's and Surgeon's ) Certificate No. C ) ) Respondent )

Transcription

1 BEFORE THE MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter of the Accusation Against: Marc Richard Rose, M.D. Physician's and Surgeon's Certificate No. C Respondent Case No DECISION 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 at 5:00 p.m. on May 20, 2016 IT IS SO ORDERED 1"1.ay 13, 2016 MEDICAL BOARD OF CALIFORNIA

2 2,., ' M\lALA D. HARRIS Attorney General of California E. A. JONES III Supervising Deputy Attorney General CINDY M. L(I>EZ Deputy Attorney General State Bar No So. Spring Street, Suite 1702 Los Angeles, CA Teleph(~nc: ( Facsimile: ( Attorneysfbr ( 'omplainant BEFORE THE MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS ST ATE OF CALIFORNIA In the Matter of the Accusation Against: Marc Richard Rose, M.D Bristol Street, Suite 700 Csa Mesa, CA Physicians and Surgeon"s Certificate No. C One. Case No OAH No STIPULATED SURRENDER OF LICENSE AND ORDER 17 In the interest of a prompt and speedy settlement of this matter, consistent with the public 18 interest and the responsibility of the Medical Board of California of the Department of Consumer 19 Affairs, the parties hereby agree to the foll,wing Stipulated Surrender and Disciplinary Order 20 which will be submitted to the Board for approval and adoption as the final disposition of 21 Accusation No and Investigation No PARTIES '"" _., l. Kimberly Kirchmeyer (Complainant is the Executive Director of the Medical Board 24 of California. She brought this action solely in her official capacity and is represented in this matter by Kamala D. Barris, Attorney General of the State of California, by Cindy M. Lopez, 26 Deputy Attorney General Stipulated Surrender of License (Case No l 445

3 1 2. MARC RICHARD ROSE, M.D. (Respondent is represented in this proceeding by 2 attorney William U. Moore, whose address is 970 l Wilshire Blvd., l 0th Flr. - PMB #312 3 Beverly Hills, CA On or about July 26, 1976, the Medical Board of California issued Physicians and 5 Surgeon"s Certificate >lo. C to Respondent. The Physicians and Surgeon's Certificate was 6 in full force and effect at all times relevant to the charges brought in Accusation ~o and will expire on September 30, 2014, unless renewed JlJRJSDlCTION Accusation No was filed befrre th1: Medical Board of California 11 (Board, Department of Consumt:r Affairs, and is currently pending against Respondent. The J 2 Accusation and all other statutorily required documents were properly served on Respondent on 13 August 12, Respondent timely filed his Notice of Defense contesting the Accusation. A 14 copy of Accusation No is attached as Exhibit A and incorporated by reference. 15 ADV1SE:v1ENT ANDWAIVERS Respondent has carefully read, fully discussed with counsel, and understands the 17 charges and allegations in Accusation No Respondent also has carefully read, 18 fully discussed with counsel, and understands the effects of this Stipulated Surrender of License 19 and Order Respondent is fully aware of'his legal rights in this matter. including the right to a 21 hearing on the charges and allegations in the Accusation; the right to be represented by counsel, at 22 his own expense; the right to confront and cross-examine the witnesses against him; the right to 23 present evitknce and to testify on his own behalf; the right to the issuance of subpoenas to compel 24 the attendance of witnesses and the production of documents; the right to reconsideration and 25 court reviev,: of an adverse decision: and all other rights accorded by the Calilornia 26 Administrative Procedure Act and other applicable laws Respondent voluntarily, knowing!, and intelligently waives and gives up each and 28 every right set forth above. 2 Si ipulared Surrender of License ( Case 'lo I

4 ClLPABlLITY 2 8. Respondent understands that the charges and allegations in Accusation No l 445, if proven at a hearing, constitute cause for imposing discipline upon his Physicians and 4 Surgeon"s Certificate For the purpose of resolving the Accusation without the expense and uncertainty of 6 further proceedings, Respondent agrees that, at a hearing, Complainant could establish a factual 7 basis for the charges in the Accusation and that those charges constitute cause for discipline. 8 ' Respondent hereby gives up his right to contest that cause for discipline exists based on those 9 charges. 10 l 0. Respondent understands that by signing this stipulation he enables the Board to issue 11 an order accepting the surrender of his Physicians and Surgeon"s Certificate without further 12 process. 13 CONTINGENCY This stipulation shall be subject to approval by the Medical Board of California. 15 Respondent understands and agrees that counsel for Complainant and the staff of the Medical 16 Board of California may communicate directly with the Board regarding this stipulation and 17 surrender, without notice to or participation by Respondent or his counsel. By signing the 18 stipulation, Respondent understands and agrees that he may not withdraw his agreement or seek 19 to rescind the stipulation prior to the time the Board considers and acts upon it. If the Board fails 20 to adopt this stipulation as its Decision and Order, the Stipulated Surrender and Disciplinary 21 Order shall be of no force or effect, except for this paragraph, it shall be inadmissible in any legal n action between the parties. and tht! Board shall not be disqualified from further action by having 23 considered this matter. 24 J 2. The parties understand and agree that Portable Document Format (PDF and facsimile 25 copies of this Stipulated Surrender of License and Order, including Portable Document Forn1at 26 (PDF and facsimile signatures thereto, shall have the same force and effect as the originals ln consideration of the foregoing admissions and stipulations, the parties agree that 28 the Board may, without further notice or formal proceeding. issue and enter the following Order: "I. Stipulated Surr~nder of License (Case No

5 ORDER 2 IT IS HEREBY ORDERED that Physicians and Surgeon's Certifkate No. C 37054, issued to Respondent MARC RICHARD ROSE, M.D., is surrendered and accepted by the Medical 4 5 Board of California. l. The surrender or Respondent's Physicians and Surgeon's Certificate and the 6 acceptance of the surrendered license by the Board shall constitute the imposition of discipline 7 against Respondent. This stipulation constitutes a record of the discipline and shall becomt;: a part 8 of Respondent's license history with the Medical Board of California Respondent shall lose all rights and privileges as a physician and surgeon in 1 O California as of the effective date of the Board's Decision and Order. 11. ". Respondent shall cause to he deliwred to the Board his pocket license and. if one was 12 issued, his wall certificate on or before the effective date of the Decision and Order If Respondent ever files an application for I icensure or a petition for reinstatement in 14 the State of California, the Board shall treat it as a petition for reinstatement. Respondent must 15 comply with all the laws, regulations and procedures for reinstatement of a revoked license in 16 eflcct at the time the petition is filed, and all of the charges and allegations contained in 17 Accusation No l shall be deemed to be true. correct and admitted by Respondent 18 when the Board determines whether to grant or deny the pdition The Board, upon acceptance of Respondent's surrender of his license to practice 20 medicine, shall close the pending investigation, Case No Respondent understands and agrees that all information contained in Investigation shall be preserved. Upon a petition for reinstatement, Respondent agrees and 23 understands that the Board shall be able to use the investigation as a basis for denial of a petition 24 for reinstatement. The investigation shall be dc1:mcd to be true, correct. and admitted by 25 Respondent when the Board determines whether to grant or d1:ny the petition. Respondent 26 understands and agrees that by entering into this stipulation, that he is permanently waiving any 27 and all claims of lac hes or statute of limitation defenses as they relate to investigation, Case No Stioulated Surrender of License ( Case ~o l-+45

6 ACCl:PTANCE 2 I have carefully read the above Stipulated Surrender of License and Order and have fully 3 discussed it with my attorney, William G. Moore. I understand the stipulation and the eifoct it 4 will have on my Physicians and Surgeon"s Certificate. I enter into this Stipulated Surrender of 5 License and Order voluntarily, knowingly, and intelligently, and agree to be bound by the 6 Decision and Order of the Medical Board of California. 7 8 DATED: Respondent I have read and fully discussed with Respondent MARC RICHARD ROSE, M.D. the terms and conditions and other matters contained in this Stipulated Sun-ender of License and Order. 12 approve its form and content. 13 DATED: _d jfl::. l&j ENDORSEMENT 17 l 8.. ~,-A. LLIAM G. MOORE Attorney for Respondent l!mdz/ 1(. 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. 19 Dated: 5.~.; l Respectfully submitted, KA:VIALA 0. HARRlS Attorney General of California E. A. JONFS lli Supervising Deputy Attorney General CINDY M. LOPEZ Deputy Attorney General Attorneys.f<Jr Complainant LA20146 l I doc 5 Stipulated Surrender of License(. Case No