BEFORE THE MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA. Respondent. PARTIES

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1 XAVIER BECERRA Attorney General of California 2 MARY CAIN-SIMON Supervising Deputy Attorney General 3 State Bar No Golden Gate Avenue, Suite San Francisco, CA Telephone: (415) Facsimile: (415) Attorneys for Complainant 6 7 FILED STATE OF CALIFORNIA MEDICAL BO D OF CALIFORNIA... SACRAMENTO V\ '0 20 l BY. NALYST BEFORE THE MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter of the Accusation Against: Gary Nicholas Spirtos, M.D N. Scottsdale Road #605 Scottsdale, AZ 5266 Physician's and Surgeon's Certificate No. A 625, Respondent. Case No ACCUSATION Complainant alleges: PARTIES 1. Kimberly Kirchmeyer (Complainant) brings this Accusation solely in her official capacity as the Executive Director of the Medical Board of California, Department of Consumer Affairs (Board). 2. On or about May 30, 1997, the Medical Board issued Physician's and Surgeon's ' Certificate Number A 625 to Gary Nicholas Spirtos, M.D. (Respondent). The Physician's and Surgeon's Certificate was in full force and effect at all times relevant to the charges brought herein and will expire on July 31, 201, unless renewed. JURISDICTION 3. This Accusation is brought before the Board, under the authority of the following ' laws. All section references are to the Business and Professions Code unless otherwise indicated. (GARY NICHOLAS SPIRTOS, M.D.) ACCUSATION NO

2 Section 2305 of the Code states: 2 "The revocation, suspension, or other discipline, restriction or limitation imposed by 3 another state upon a license or certificate to practice medicine issued by that state, or the 4 revocation, suspension, or restriction of the authority to practice medicine by any agency of the. 5 federal government, that would have been grounds for discipline in California of a licensee under 6 this chapter [Chapter 5, the Medical Practice Act] shall constitute grounds for disciplinary action 7 for unprofessional conduct against the licensee in this state." 5. Section 2227 of the Code provides that a licensee who is found guilty under the 9 Medical Practice Act may have his or her license revoked, suspended for a period not to exceed 1 O one year, placed on probation and required to pay the costs of probation monitoring, or such other action taken in relation to discipline as the Board deems proper. 6. Section 141 of the Code states: 13 "(a) For any licensee holding a license issued by a board under the jurisdiction of the 14 department, a disc~plinary action taken by another state, by any agency of the federal government, 15 or by another country for any act substantially related to the practice regulated by the California 16 license, may be a ground for disciplinary action by the respective state licensing board. A 17 certified copy of the record of the disciplinary action taken against the licensee by another state, 1 an agengy of the federal government, or another country shall be conclusive evidence of the 19 events related therein. 20 "(b) Nothing in this section shall preclude a board from applying a specific statutory provision in the licensing act administered by that board that provides for discipline based upon a 22 disciplinary action taken against the licensee by another state, an agency of the federal 23 government, or another country." 24 CAUSE FOR DISCIPLINE 25 (Discipline, Restriction or Limitation Imposed by Another State) Respondent Gary Nicholas Spirtos, M.D. is subject to disciplinary action under 27 section 141 and 2305 in that the State of Arizona has issued an interim order prohibiting 2 Respondent from practicing medicine in Arizona until Respondent applies to the Executive 2 (GARY NICHOLAS SPIRTOS, M.D.) ACCUSATION NO

3 1 Director of the Arizona Board and receives permission to resume practicing. The circumstances 2 are as follows: 3. On or about November 6, 2017, Respondent and the Executive Director entered into a 4 consent agreement and order in which it is recited that Investigative staff, the Board's medical 5 consultant and the lead Board member have reviewed and entered into an Interim Consent 6 Agreement pending regarding Arizona Medical Board Complaint number MD A, 7 alleging that Respondent committed malpractice and boundary violations The action by the Arizona Medical Board regarding Respondent's license to practice 9 medicine, as set forth above, comprises unprofessional conduct and cause for discipline pursuant. 10 to sections 2305 and/or 141 of the Code. PRAYER WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged, 13 and that following the hearing, the Medical Board of Califo~ia issue a decision: Revoking or suspending Physician's and Surgeon's c.ertificate Number A 625, 15 issued to Gary Nicholas Spirtos, M.D.; Revoking, suspending or denying approval of Gary Nicholas Spirtos, M.D.'s authority 17 to supervise physician assistants and advanced practice nurses; 1 3. Ordering Gary Nicholas Spirtos, M.D., if placed on probation, to pay the Board the 19 costs of probation monitodng; and Taking such other and further action as deemed necessary and proper. 22 DATED: Ap.ril 30, Executive Di ctor Medical Board of California 24 Department of Consumer Affairs State of California 25 Complainant 26 SF docx 2 3 (GARY NICHOLAS SPIRTOS, M.D.) ACCUSATION NO

4 Exhibit A

5 1 BEFORE THE ARIZONA MEDICAL BOARD 2 In the Matter of 3 Case No. MD-1 T-0906A GARY N. SPIRTOS, M.D. 4 INTERIM CONSENT AGREEMENT Holder of License No FOR PRACTICE RESTRICTION 5 For the Practice of Allopathlc Medicine In the State of Arizona. 6 INTERIM CONSENT AGREEMENT 7 Gary N. Spirtos, M.D. ("Respondent") elects to permanently waive any right to a 9 hearing and appeal with respect to this Interim Consent Agreement for Practice Restriction 1 o and voluntarily consents to the entry of this Order by the Arizona Medical Board ("Boa_rdj... INTERIM FINDINGS OF FACT The Board is the duly constituted auth'ority for 'the regulation and control of 13 the practice of allopathic medicine in the State of Arizona Respondent is the holder of License No for the practice of allopathlc 15 medicine in the State of Arizona The Board initiated case number MD A after receiving a complaint 17 alleging that Respondent committed malpractice and boundary violations Respondent denies the allegations. Further, he reports that he is not 19 currently practicing du.a to a physical condition that requires surgery and will prevent him 20 from responding to the Investigation in a timely manner. 5. The aforementioned information was presented to the investigative staff, the 22 medical consultant.and the-lead Board member. All reviewed the information and concur 23 that the interim consent agreement to restrict Respondenfs practice is appropriate T~e investigation into this 1atter is pending and will be forwarded to the 25 Board promptly upon completion for review and action.

6 INTERIM CONCLUSIONS OF LAW The Board possesses jurisdiction over the subject matter hereof and over 3 Respondent Pursuant to A.R.S (C)(25) the Executive Director has authority to 5 enter Into a consent agreement when there is evidence. of danger to the public health and 6 safety Pursuant to A.AC. R , the Executive Director may enter into an interim consent agreement when there is evidence that a restriction is needed to mitigate 9 imminent danger to the public's health and safety. Investigative staff, the Board's medical. 1 O consultant and the lead Board member have reviewed the case and concur that an interim consent agreement is appropriate. INTERIM ORDER 13 IT IS HEREBY ORDERED THAT: Respondent is prohibited from engaging in the practice of medicine in the 15 State of Arizona as set forth in A.RS (22) until Respondent applies to the.16 Executive Director and receives permission to do so Respondent may request, in writing, release and/or modification of this 1 Interim Consent Agreement. Respondent's request must be accompanied by information 19 demonstrating that Respondent Is safe to practice medicine. The Executive Director, in 20 consultation with and agreement of the lead Board member and the Chief Medical Consultant, has the discretion to determine whether it is appropriate to release 22 Respondent from this Interim Consent Agreement The Board retains jurisdiction and may Initiate new action based upon any 24 violation of this Interim Consent Agreement, including, but not limited to, summarily 25 suspending Respondenfs license. 2

7 1 4. Because this is an Interim Consent Agreement and not a final decision by 2 the Board regarding the pending investigation, it is subject to further consideration by the 3 Board. Once the investigation Is. complete, it will be promptly provided to the Board for its. 4 review and appropriate action This Interim Consent Agreement shall be effective on the date signed by the 6 Board's Executive Director ,'IA- fl} DATED this "(J day of I"' 0 ~ ARIZ~ MEDICAL BOARD By.-taJn~ e'. fflc..f ~ Patricia E. Mcsorley ~ Executive Director 13 RECITALS 14 Respondent understands and agrees th~t: The Board, through its Executive Director, may adopt this lnteri.m Consent 16 Agreement, or any part thereof, pursuant to A.RS (C)(25) and A.A.C. R Respondent has read and understands this Interim Consent Agreement as set forth herein, and has had the opportunity to discuss this Interim Consent Agreement 20 with an attorney or has waived the opportunity to discuss this Interim Consent Agreement 22 with an attorney. Respondent voluntarily enters into this Interim Consent Agreement and 23 by doing so agrees to abide by all of its terms and conditions By entering into this Interim Consent Agreement, Respondent freely and 25 voluntarily relinquishes all rights to an administrative hearing on the matters set forth 3

8 1 2 3 herein, as well as all rights of rehearing, review, reconsideration, appeal, judicial review or any other administrative and/or judicial action, concerning the matters related to the Interim Consent Agreement Respondent understands that this Interim consent Agreement does not 5 constitute a dismissal or resolution of this matter or any matters that may be currently 6 pending before the Board and does not constitute any waiver; express or implied, of the 7 Board's statutory authority or jurisdiction regarding this or any other pending or future investigations, actions, or proceedings. Respondent also understands that acceptance of 9 10 this Interim Consent Agreement does not preclude any other agency, subdivision, or officer of this State from instituting civil or criminal proceedings with respect to the conduct that is the subject of this Interim Consent Agreement. Respondent further does not 13 relinquish R.espondent's rights to an administrative hearing, rehearing, review, 14 reconsideration, judicial review or any other administrative and/or judicial action, 15 concerning the matters related to a final disposition of this matter, unless Respondent 16 affirmatively does so as part of the final resolution of this matter Respondent acknowledges and agrees that upon signing this Interim 1 Consent Agreement and returning it to the Board's Executive Director, Respondent may 19 not revoke Respondent's acceptance of this Interim Consent Agreement or make any 2 0 modifications to it. Any modification of this original document is ineffective and void unl~ss mutually approved by the parties in writing. 6. Respondent und~rstands that this Interim Consent Agreement shall not become effective unless and until it is signed by the Board's Executive Director. 4

9 Respondent understands and agrees that if the Board's Executive "Director does not adopt this Interim Consent Agreement, Respondent will not assert in any future 3 proceedings that the Board's consideration of this Interim Consent Agreement constitutes 4 bias, prejudice, prejudgment, or other slmllar defense Respondent understands that this Interim Consent Agreement is a public 6 record that may be publicly disseminated as a forrmll action of the Board, and that it shall 7 be reported as required by law to the Nat!onal Practitioner Data Bank Respondent understands that this Interim Consent Agreement does not alleviate Respondent's responsibility to comply with the applicable licens~renewal statutes and rules. If this Interim Co'nsent Ag.reement remains In effect at the time Respondent's allopathic medical license comes.up-for renewal, Respondent must renew the license if Respondent wishes to retain the license._ If Respondent. elects not to renew the license as p~gribed by statute and rule, Respondent's license will not expire but 15 rather, by operation of law (A.R.S ), become suspended until the Board takes 15 final action in this matter. Once the Board takes final action, in order for Respondent to be 17 licensed in the future,_ Respondent must submit a new application for licehsure_ and meiet 1 all of the requirements set forth in the statutes and rules at that time Respondent understands that any violation of this Interim Consent 20 Agreement constitutes unprofessional conduct under A.RS (27)(r) ("[v)iolating a formal order, probation, consent agreement or stipulation issued or entered into by the '.... board or its executive director under this chapter. n). /vjib DATED: _... -+l,...,g<-+/_._/.7 I I 5 I.

10 1 EXE<:;UTED COPY of the foregoing ed 2 this~si 1 -~day of NOIJ?_vv-.hM.. I 2017 to: 3 Gary N. Spirtos, M.D.. 4 Address of Record 5 Attorney for Respondent 6 ORIGiNAL of the foregoing filed this~ day of iuoue..,,..l:k~j 2017 with: 7 9 Arizona Medical Board 9545 E. Doubletree Ranch Road Scottsdale, AZ Q \'C'\.. C:!._U~\((b1:/ ie_,\ Board staff"