BEFORE THE DIVISION OF MEDICAL QUALITY DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

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1 --- r JOHN K. VAN DE KAMP, Attorney General of the State of California BARRY D. LADENDORF, Deputy Attorney General 110 West A Street, Suite 00 San Diego, California Telephone: ( Attorneys for Complainant BEFORE THE DVSON OF MEDCAL QUALTY REDACTED 10 BOARD-OF MEDC~L QUALTY ASSURANCE 11. DEPARTMENT OF CONSUMER AFFARS STATE OF CALFORNA n the Matter of the Accusation Against: HUMBERTO A. FLORAN, M.D. 20 South Bristol, Suite 11 Santa Ana, California 920 Certificate No. A-20 Respondent. ~~~~~~~~~~~~~~~~~~~ No. D-01 STPULATON FOR SETTLEMENT T S HEREBY STPULATED AND AGREED by and between the parties to the above-entitled matter that the following allegations are true. 1. Kenneth J. Wagstaff, complainant herein and Executive Director of the Board of Medical Quality Assuran~e of ' ~ 2 2 the State of California, is represented by John K. Vari De Kamp, URTPAPER "E OFCAL.FORNA 1 (REV. 2 CSP 1.

2 1 Attorney General of the State of California by Barry D. Ladendorf, 2 Deputy Attorney General. 2. Humberto A. Florian, M.D. (hereinafter "respondent" is represented by Mark Levin, who has been retained as his attorney in regard to the administrative action herein and that the respondent has counseled with Mr. Levin concerning the effect of this stipulation, which the respondent herein has carefully read and fully understands. 9. Respondent has received and read the accusatio.n ld' which is presently on file and pending as Case No. D-01 before 11. the Division of Medical Quality of the Board of Medical Quality Assurance, State of California.. Respondent understands the nature of the charges 1 alleged in the above-mentioned accusation and that said charges 1 and allegations would constitute cause for imposing discipline 1 upon respondent's medical license heretofore issued by the Board 1 of Medical Quality Assurance. 1. Respondent and his counsel are aware of each of 19 respondent's rights, including the right to a hearing on the 20 charges and allegations~ the right to confront and cross-examine 21 witnesses who would testify against him, the right to present evidence in his favor and call witnesses on his behalf, or 2 to testify himself, his right to contest the charges and allega- 2 tions, and any other rights which may be accorded to him pursuant to California Adminfstrative Procedure Act (Gov. Code 1100, 2 et seq. his right to reconsideration, review by the superior 2 court and to appeal to any other court; that respondent STATE OF CAL.FORNA STo.1 <REV.a-2.l 2. CSP

3 . ' ' : 1 understands that in signing this stipulation rather than 2 contesting the accusation, he is enabling.the Division of Medical Quality of the Board of Medical Quality Assurance to issue the following order from thi~ stipulation without further p~ocess. /. Respondent freely and voluntarily waives each and!every one of the rights set forth hereinabove; that respondent, while denying each and evey one of the following allegations 9 does for the purpose of this stipulation only, agree that the 10 Div~ision may make a finding that he viol~ted section (b 11 (gross negligence by reason of the following: (a L _.D_ was a patient of respondent for the purpose of providing medical care and assistance during her 1 [ pregnancy and delivery in his office On or about July 1, 191, D- went into labor 1 and went to respondent's office where he refused to deliver her. 1 D~ was sent to Mercy General Hospital where she delivered a is j male inf ant. 19 (b M.-. P-was a patient of respondent 20 for the purpose of providing medical care and assistance during 21 her pregnancy and delivery in his office. When Plll ~ went into labor, she called 2 respondent's office and was told he was in San Francisco and 2 that she would have to make her own arrangements for delivery. Respondent had no~ made arrangements for alternate physician 2 care in his absence. Later P~ was told to come to 2 respondent's office and he would meet her there. Finally, SiA''E OF CAL.FORNA STD. 1 (REV. B-2 CSP.

4 1 he did not meet her and she went to Mercy Hospital where she 2 delivered a male infant.. Based on the foregoing stipulations and recital, it is stipulated and agreed that the Division of Medical ' Quality may issue the following order as its decision in this case. ORDER T S HEREBY ORDERED that License Number A-20 9 issued to Humberto A. Florian, M.D. is revoked. However, said 10 revocati~on is stayed and respondent is placed~ on probation for 11 ten years on the following terms and conditions: A. Within 0 days of the effective date of this decision, respondent shall take and pass an oral clinical 1 examination in family medicine to be administered by the 1 Division or its designee. f respondent fails this examination, 1 respondent must wait three months between reexaminations, except 1 that after three failures respondent must wait one year to take 1 each necessary reexamination thereafter. The Division shall pay 19 the cost of the first examination and respondent shall pay the 20 costs of any subsequent examinations. 21 Respondent shall not practice ~edicine until respondent has passed this examination and has been so notified 2 by the Division in writing. 2 B. During probation respondent shall not accept any new obstetrical patients nor will he be permitted to be on call 2 for other physicians handling obstetrical cases. All patients 2 who are now under respondent's obstetrical care, if any, or STATE OF CAL.lFORNJA STD. 1 (REV. B-2.

5 "",. 1 2 g any new patients seeking obstetrical treatment and care shall be immediately referred to a Board certified obstetrician for care. Respondent will keep a log of all referals described above, which log will include the patient's name and the physician ~o whom they w~re referred. This log iill be available for inspection by the Division or its designee upon reasonable request. c. The order of the Division in case No. D- shall remain in full force and effect. 10 D.~ Respondent shall obey all federal, ~tate and 11 local laws, and all rules governing the practice of medicine in California. E. Respondent shall submit quarterly declarations 1 under penalty of perjury on forms provided by the Division, 1 stating whether there has been compliance with all the conditions 1 of probation. 1 F. Respondent shall comply with the Division's 1 probation surveillance program. 19 G. Respondent shall appear in person for interviews 20 with the Division's medical consultant upon request at various 21 intervals and with reasonable notice. H. n the event respondent should leave California 2 to reside or to practice outsid~ the State, respondent must 2 'notify in writing the Division of the dates of departure and return. Periods of residency or practice outside California 2 2 will not apply to the reduction of this probationary period. STA''E OF CAL.FORNA STD. 1 (REV. -21.

6 ' " ( - 1. Upon successful completion of probation, 2 respondent's certificate will be fully restored J. f respondent violates probation, in any respect, the Division, after giving respondent notice and the opportunity t o b e h ear d, may revo k e pro b a t ion an d carry out t h e di. '1sc1p l" inary order that was stayed. f an accusation or petition to revoke probation is filed against respondent during probation, the Division shall have continuing jurisdiction until the matter is 9 final, and the period of probation shall be extended until the matter DATED: is final. ~ concur '/V1~ F, in the stipulation and order. 111{. JOHN K. VAN DE KAMP, Attorney of the state of California BARRY D. LADENDORF, ut General General DATED:. ef d. /J, /ff t/,. General Attorneys for Complainant Board of Medical Quality Assurance State of California concur in the stipulation and order have read the above stipulation fully and have discussed it with my counsel. understand that by its terms will be waiving certain rights accorded me under California law. STATE OF CALJFORNA STD. 1 (REV. -2.l 0P.

7 ., ' ',, 1 2 also understand that by its terms the Board of Medical.Quality Assurance will issue a.decision and Order on this stipulation whereby my license to practice medicine will be subject to certain terms and colditions. agree to the above stipulation for settlement. DATED: ~J,s,,.~ f\.! P H ~RTO A. FLO~AN, M.D. Respondent The foregoing is adopted as the decision of the Division of Medical Quality of the Board of Medical Quality Assurance in this matter and shall be effective on the 2th J 1 J ,. 1 20'1 day of 19. T S SO ORDERED this 2th day of April Secretary-Treasurer DVSON OF MEDCAL QUALTY BOARD OF MEDCAL QUALTY ASSURANCE STATE OF CALFORNA BDL:sol S"l'ATE OF CALFORNA STD. t (REV. -21.

8 REDACTED 1 JOHN K. VAN DE KAMP' At torne:y General of the State of California 2 BARRY. D. LADENDORF, Deputy Attorney General 110 West "A" Street, Suite 00 San Diego, California Telephone: ( Attorneys for Complainant BEFORE THE DVSON OF. MEDCAL QUALTY BOARD OF MEDCAL QUALTY ASSURANCE n the Matter of the Accusation Against: DEPARTMENT OF CONSUMER AFFARS STATE OF CALFORNA HUMBERTO A. FLORAN, M. D. 20 South Bristol, Suite 1 Santa Ana, California 920 License No. A 020 Respondent. NO. D-01 ACCUSATON Complainant, Vernon Leeper, alleges: 1. He is the Program Manager--Enforcement for the 21 Board of Medical Quality Assurance and makes and files this accusation in his official capacity. 2 LCENSE STATUS 2 2. At all times herein mentined Humberto A. Florian, M.D. (respondent held license No. A 020 authorizing him to 2 practice as a physician and surgeon in the State of California. 2 L\1.".l'l< OF' CA'L\1'0/lNA. sro 1 ~HEV. o. r2l \ 1. o ~ 11

9 l Respondent is currently on 10 years probation to 2 the Division of Medical Quality effective December, 199, in Case No. D-0 STATUTES. Section of the Business and Professions Code (all references are to the Bus. & Prof. Code unless otherwise stated provides in part that the Division of Medi~al Quality shall take action against any licensee wh is charged with 9 unprofessional conduct including but not limited to the follow- 10 ing: 11 ( b Gross negligence." D. ALLEGATONS-- MATTER. l-\t all times herein mentioned r..m9 was a 1 patient of respondent for the purpose of providing medical care 1 and assistance during her pregnancy and delivery in his office. 1 Respondent first saw ot.. in his off ice on 1 December 1, On or about July 1r ~ went into labor. 19 ' She went to respondent 1 s office and stayed there for Ja hours 20 while experiencing heavy labor <.espondent refused to deliver D.. and sent hf:r to Mercy General Hospital where she wa~ admitted at :0 p.m. 2 At the time of admission, D-it was found to be 211 completely dilated with the head on the perineurno D.. delivered a male infant at 1~00 p.rn. 2. Respondent 1 s conduct in the management of D... at 2 the time of her labor and delivery is abandonment of a patient JRT PAPER re: or: CALFORNA. 1 CREV

10 1 2 and gross negligence in violation of section (b. result, respondent is subject to discipline. ALLEGATONS--P - MATTER As a 9. At all times herein mentioned, M Plt was a patient of respondent for the purpose of providing medical care and assistance during her pregnancy and delivery in his off,ice. was first seen by respondent on August 1, 191. Respondent agreed to deliver her in his office because it woul~ save her some money. Pf When went into labor, she called respondent's office and was told he was in San Francisco and that she would have to make her own arrangements for delivery. Respondent had not made arrangements for alternate physician care in his absence. Another call was made to respondent 1 s office and she was told to come to the office. a went to the 1 office but respondent did not meet her there. P... then went to Mercy Hospital at approximately :0 p.m. and delivered a male infant at 10:2 p.m.. Respondent's conduct in the management of at the time of her labor and delivery is abandonment of a patient and gross negligence in violation of section 2 (b. As a result, respondent is subject to discipline. 9. Respondent's conduct in abandoning his patients 2 D... and Pl( is a violation of the terms and conditions of 2 his probation in Case No. D-. As a result, respondent prays JRT PAPER re: OF CAL.1FORNJA 11:-.; irev. -2.

11 l the stay, order previously issued be vacated and the original order of revocation be imposed. WHEREFORE, complainant prays the Division hold a hearing on the aforementioned allegations and following said hearing: 1. Vacate the stay order in Case No. D~ and revoke respondent's certificate in said casei 2. Suspend or revoke respondent's certificate~ and. Take such other action as necessary to protect the public health, safety and welfare. Dated: July, 19 ~ 1 ( j_}va.~ ~. VERNON LEEPER Program Manager--Enforcement Division of Medical Quality Board of Medical Quality Assurance BDL:sol 2.JRT PAPE:Fl Tt:: OT CALFORNA 1 (REV. -2.J.