BEFORE THE MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) DECISION

Transcription

1 BEFORE THE MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter of the Accusation Against: TRI MINH DO, M.D. Physician's and Surgeon's Certificate No. A55472 Respondent ) ) ) ) ) ) ) ) ) ) ) Case No 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 5:00p.m. on December 16, IT IS SO ORDERED: November 17, MEDICAL BOARD OF CALIFORNIA cr~ Jamie Wright, J.D. Chair, Panel A

2 1 KAMALA D. HARRIS Attorney General of California 2 VLADIMIR SHALKEVICH Acting Supervising Deputy Attorney General 3 JOHNS. GATSCHET Deputy Attorney General 4 State Bar No California Department of Justice I Street, Suite 125 P.O. Box Sacramento, CA Telephone: (916) Facsimile: (916) Attorneys for Complainant 8 BEFORE THE 9 MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS 10 STATE OF CALIFORNIA In the Matter of the Accusation Against: TRI MINH DO, M.D Mitty Way San Jose, CA Physician's and Surgeon's Certificate No. A Respondent. Case No OAH No STIPULATED SETTLEMENT AND DISCIPLINARY ORDER ~ 19 IT IS HEREBY STIPULATED AND AGREED by and between the parties to the above- 20 entitled proceedings that the following matters are true: 21 PARTIES Kimberly Kirchmeyer ("Complainant") is the Executive Director of the Medical 23 Board of California, Department of Consumer Affairs ("Board"). She brought this action solely 24 in her official capacity and is represented in this matter by Kamala D. Harris, Attorney General of 25 the State of California, by JohnS. Gatschet, Deputy Attorney General Respondent Tri Minh Do, M.D. ("Respondent") is represented in this proceeding by 27 attorney M. Bradley Wishek, whose address is: 28 1

3 M. Bradley Wishek Rothschild, Wishek & Sands LLP 765 University Avenue Sacramento, CA On or about January 3, 1996, the Board issued Physician's and Surgeon's Certificate No. A to Respondent. The Physician's and Surgeon's Certificate was in full force and effect at all times relevant to the charges brought in Accusation No , and will expire on November 30, 2017, unless renewed. JURISDICTION 4. Accusation No was filed before the Board and is currently pending against Respondent. The Accusation and all other statutorily required documents were properly served on Respondent on March 3, Respondent timely filed his Notice of Defense contesting the Accusation. 5. A copy of Accusation No is attached as exhibit A and incorporated herein by reference. ADVISEMENT AND WAIVERS 6. Respondent has carefully read, fully discussed with counsel, and understands the charges and allegations in Accusation No Respondent has also carefully read, ' fully discussed with counsel, and understands the effects of this Stipulated Settlement and Disciplinary Order. 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 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. 8. Respondent voluntarily, knowingly, and intelligently waives and gives up each and every right set forth above. Ill 2

4 CULPABILITY 9. Respondent understands and agrees that the charges and allegations in Accusation No , if proven at a hearing, constitute cause for imposing discipline upon his Physician's and Surgeon's Certificate. 10. For the purpose of resolving the Accusation without the expense and uncertainty of further proceedings, Respondent agrees that, at a hearing, Complainant could establish a factual basis for the charges in the Accusation, and that Respondent hereby gives up his right to contest those charges. 11. Respond~nt agrees that his Physician's and Surgeon's Certificate is subject to discipline and he agrees to be bound by the Board's probationary terms as set forth in the Disciplinary Order below. 12. Respondent agrees that if he ever petitions for early termination or modification of probation, or if an accusation and/or petition to revoke probation is filed against him before the Board, all of the charges and allegations contained in Accusation No , shall be deemed true, correct, and fully admitted by respondent for purposes of any such proceeding or any other licensing proceeding involving respondent in the State of California. RESERVATION 13. The admissions made by Respondent herein are only for the purposes of this proceeding, or any other proceedings in which the Board or other professional licensing agency is involved, and shall not be admissible in any other criminal or civil proceeding. CONTINGENCY 14. This stipulation shall be subject to approval by the Medical Board of California. Respondent understands and agrees that counsel for Complainant and the staff of the Medical Board of California may communicate directly with the Board regarding this stipulation and settlement, without notice to or participation by Respondent or his counsel. By signing the stipulation, Respondent understands and agrees that he may not withdraw his agreement or seek to rescind the stipulation prior to the time the Board considers and acts upon it. If the Board fails to adopt this stipulation as its Decision and Order, the Stipulated Settlement and Disciplinary 3

5 1 Order shall be of no force or effect, except for this paragraph, it shall be inadmissible in any legal 2 action between the parties, and the Board shall not be disqualified from further action by having 3 considered this matter The parties understand and agree that Portable Document Format (PDF) and facsimile 5 copies of this Stipulated Settlement and Disciplinary Order, including PDF and facsimile 6 signatures thereto, shall have the same force and effect as the originals In consideration ofthe foregoing admissions and stipulations, the parties agree that 8 the Board may, without further notice or formal proceeding, issue and enter the following 9 Disciplmary Order: 10 DISCIPLINARY ORDER 11 IT IS HEREBY ORDERED that Physician's and Surgeon's Certificate No. A issued to Respondent Tri Minh Do, M.D. is revoked. However, the revocation is stayed and 13 Respondent is placed on probation for four (4) years on the following terms and conditions PROFESSIONALISM PROGRAM (ETHICS COURSE). Within 60 calendar days of 15 the effective date of this Decision, Respondent shall enroll in a professionalism program, that 16 meets the requirements of Title 16, California Code ofregulations (CCR) section Respondent shall participate in and successfully complete that program. Respondent shall 18 provide any information and documents that the program may deem pertinent. Respondent shall 19 successfully complete the classroom component of the program not later than six (6) months after 20 Respondent's initial enrollment, and the longitudinal component of the program not later than the 21 time specified by the program, but no later than one (1) year after attending the classroom 22 component. The professionalism program shall be at Respondent's expense and shall be in 23 addition to the Continuing Medical Education (CME) requirements for renewal of licensure. 24 A professionalism program taken after the acts that gave rise to the charges.in the 25 Accusation, but prior to the effective date of the Decision may, in the sole discretion ofthe Board 26 or its designee, be accepted towards the fulfillment of this condition if the program would have 27 been approved by the Board or its designee had the program been taken after the effective date of 28 this Decision. 4

6 1 Respondent shall submit a certification of successful completion to the Board or its 2 designee not later than 15 calendar days after successfully completing the program or not later 3 than 15 calendar days after the effective date of the Decision, whichever is later MONITORING- BILLING. Within 30 calendar days of the effective date of this 5 Decision, Respondent shall submit to the Board or its designee for prior approval as a billing 6 monitor(s), the name and qualifications of one or more licensed physicians and surgeons whose 7 licenses are valid and in good standing, and who are preferably American Board of Medical 8 Specialties (ABMS) certified. A monitor shall have no prior or current business or personal 9 relationship with Respondent, or other relationship that could reasonably be expected to 10 compromise the ability of the monitor to render fair and unbiased reports to the Board, including 11 but not limited to any form of bartering, shall be in Respondent's field of practice, and must agree 12 to serve as Respondent's monitor. Respondent shall pay all monitoring costs. 13 The Board or its designee shall provide the approved monitor with copies of the Decision(s) 14 and Accusation(s), and a proposed monitoring plan. Within 15 calendar days of receipt ofthe 15 Decision(s), Accusation(s), and proposed monitoring plan, the monitor shall submit a signed 16 statement that the monitor has read the Decision(s) and Accusation(s), fully understands the role 17 of a monitor, and agrees or disagrees with the proposed monitoring plan. If the monitor disagrees 18 with the proposed monitoring plan, the monitor shall submit a revised monitoring plan with the 19 signed statement for approval by the Board or its designee. 20 Within 60 calendar days of the effective date of this Decision, and continuing throughout 21 probation, Respondent's billing shall be monitored by the approved monitor. Respondent shall 22 make all records available for immediate inspection and copying on the premises by the monitor 23 at all times during business hours and shall retain the records for the entire term of probation. 24 If Respondent fails to obtain approval of a monitor within 60 calendar days of the effective 25 date of this Decision, Respondent shall receive a notification from the Board or its designee to 26 cease the practice of medicine within three (3) calendar days after being so notified. Respondent 27 shall cease the practice of medicine until a monitor is approved to provide monitoring 28 responsibility. 5

7 1 The monitor(s) shall submit a quarterly written report to the Board or its designee which 2 includes an evaluation of Respondent's performance, indicating whether Respondent's practices 3 are within the standards of practice of billing and whether Respondent is billing appropriately. It 4 shall be the sole responsibility of Respondent to ensure that the monitor submits the quarterly 5 written reports to the Board or its designee within 10 calendar days after the end of the preceding 6 quarter. 7 If the monitor resigns or is no longer available, Respondent shall, within 5 calendar days of 8 such resignation or unavailability, submit to the Board or its designee, for prior approval, the 9 name and qualifications of a replacement monitor who will be assuming that responsibility within calendar days. If Respondent fails to obtain approval of a replacement monitor within calendar days of the resignation or unavailability of the monitor, Respondent shall receive a 12 notification from the Board or its designee to cease the practice of medicine within three (3) 13 calendar days after being so notified Respondent shall cease the practice of medicine until a 14 replacement monitor is approved and assumes monitoring responsibility. 15 In lieu of a monitor, Respondent may participate in a professional enhancement program 16 equivalent to the one offered by the Physician Assessment and Clinical Education Program at the 17 University of California, San Diego School of Medicine, that includes, at minimum, quarterly 18 chart review, semi-annual practice assessment, and semi-annual review of professional growth 19 and education. If Respondent elects to participate in the professional enhancement program, it 20 shall be at Respondent's expense for the term of probation. 21 After being placed on probation, the Respondent may apply in writing to the Board or its 22 designee to have the Monitoring- Billing term held in abeyance during his probationary period. 23 The Respondent shall clearly set forth the reasons why he is requesting that the term be held in 24 abeyance. The Board, in its sole discretion, may agree to have the Monitoring - Billing term held 25 in abeyance if Respondent can clearly show that in his current employment capacity he does not 26 control or disperse funds, and works for a medical organization and/or foundation that bills on his 27 behalf. Respondent shall provide written documentation from his employer, verifying that the 28 employer is aware of this Decision and Order and that the employer verifies that Respondent does 6

8 1 not control or disperse funds, and works for a medical organization and/or foundation that bills on 2 Respondent's behalf Respondent's employer shall be made available to the Board2- or its 3 designee, to verify that Respondent will not control or disperse funds, and will be working for a 4 medical organization and/or foundation that bills on Respondent's behalf The Monitoring- 5 Billing term shall remain in full force and effect, unless and until the Board, or its designee, in 6 writing, informs the Respondent that they have agreed to hold the Monitoring- Billing probation 7 term in abeyance based on the representations of Respondent and his employer. 8 If Respondent changes employment during his probationary period and the Monitoring- 9 Billing term is currently in abeyance at the time Respondent changes employment, the 10 Monitoring-Billing term shall immediately go into full force and effect. The Respondent shall, 11 within 5 calendar days of changing employment, submit to the Board or its designee, for prior 12 approval, the name and qualifications of a replacement monitor who will be assuming that 13 responsibility within 15 calendar days. IfRespondent fails to obtain approval of a replacement / 14 monitor within 60 calendar days of the resignation or unavailability of the monitor, Respondent 15 shall receive a notification from the Board or its designee to cease the practice of medicine within 16 three (3) calendar days after being so notified Respondent shall cease the practice of medicine 17 until a replacement monitor is approved and assumes monitoring responsibility. After changing 18 employment, Respondent may re-apply to the Board to have the Monitoring- Billing term held in 19 abeyance as set forth above PROHIBITED PRACTICE. During probation, Respondent is prohibited from the 21 management of and/or having fiduciary responsibility for any grant and/or research money. 22 During probation, Respondent shall immediately notify his probation officer that he is working 23 for an employer that receives grant and/or research money. Respondent shall not personally 24 apply for grant/or research money while he is on probation NOTIFICATION. Within seven (7) days ofthe effective date ofthis Decision, the 26 Respondent shall provide a true copy of this Decision and Accusation to the Chief of Staff or the 27 Chief Executive Officer at every hospital where privileges or membership are extended to 28 Respondent, at any other facility where Respondent engages in the practice of medicine, 7

9 1 including all physician and locum tenens registries or other similar agencies, and to the Chief 2 Executive Officer at every insurance carrier which extends malpractice insurance coverage to 3 Respondent. Respondent shall submit proof of compliance to the Board or its designee within 15 4 calendar days. 5 This condition shall apply to any change(s) in hospitals, other facilities or insurance carrier OBEY ALL LAWS. Respondent shall obey all federal, state and local laws, all rules 7 governing the practice of medicine in California and remain in full compliance with any court 8 ordered criminal probation, payments, and other orders QUARTERLY DECLARATIONS. Respondent shall submit quarterly declarations 10 under penalty of perjury on forms provided by the Board, stating whether there has been 11 compliance with all the conditions of probation. 12 Respondent shall submit quarterly declarations not later than 10 calendar days after the end 13 ofthe preceding quarter GENERAL PROBATION REQUIREMENTS. 15 Compliance with Probation Unit 16 Respondent shall comply with the Board's probation unit and all terms and conditions of 17 this Decision. 18 Address Changes 19 Respondent shall, at all times, keep the Board informed of Respondent's business and 20 residence addresses, address (if available), and telephone number. Changes of such 21 addresses shall be immediately communicated in writing to the Board or its designee. Under no 22 circumstances shall a post office box serve as an address of record, except as allowed by Business 23 and Professions Code section 2021(b). 24 Place of Practice 25 Respondent shall not engage in the practice of medicine in Respondent's or patient's place 26 of residence, unless the patient resides in a skilled nursing facility or other similar licensed 27 facility. 28 License Renewal 8

10 1 Respondent shall maintain a current and renewed California physician's and surgeon's 2 license. 3 Travel or Residence Outside California 4 Respondent shall immediately inform the Board or its designee, in writing, of travel to any 5 areas outside the jurisdiction of California which lasts, or is contemplated to last, more than thirty 6 (30) calendar days. 7 In the event Respondent should leave the State of California to reside or to practice 8 Respondent shall notify the Board or its designee in writing 30 calendar days prior to the dates of 9 departure and return INTERVIEW WITH THE BOARD OR ITS DESIGNEE. Respondent shall be 11 available in person upon request for interviews either at Respondent's place of business or at the 12 probation unit office, with or without prior notice throughout the term of probation NON-PRACTICE WHILE ON PROBATION. Respondent shall notify the Board or 14 its designee in writing within 15 calendar days of any periods of non-practice lasting more than calendar days and within 15 calendar days ofrespondent's return to practice. Non-practice is 16 defmed as any period of time Respondent is not practicing medicine in California as defmed in 17 Business and Professions Code sections 2051 and 2052 for at least 40 hours in a calendar month 18 in direct patient care, clinical activity or teaching, or other activity as approved by the Board. All 19 time spent in an intensive training program which has been approved by the Board or its designee 20 shall not be considered non-practice. Practicing medicine in another state of the United States or 21 Federal jurisdiction while on probation with the medical licensing authority of that state or 22 jurisdiction shall not be considered non-practice. A Board-ordered suspension of practice shall 23 not be considered as a period of non-practice. 24 In the event Respondent's period of non-practice while on probation exceeds 18 calendar 25 months, Respondent shall successfully complete a clinical training program that meets the criteria 26 of Condition 18 of the current version of the Board's "Manual of Model Disciplinary Orders and 27 Disciplinary Guidelines" prior to resuming the practice of medicine. 28 Respondent's period of non-practice while on probation shall not exceed two (2) years. 9

11 1 Periods of non-practice will not apply to the reduction of the probationary term. 2 Periods of non-practice will relieve Respondent of the responsibility to comply with the 3 probationary terms and conditions with the exception of this condition and the following terms 4 and conditions of probation: Obey All Laws; and General Probation Requirements COMPLETION OF PROBATION. Respondent shall comply with all fmancial 6 obligations (e.g., restitution, probation costs) not later than 120 calendar days prior to the 7 completion of probation. Upon successful completion of probation, Respondent's certificate shall 8 be fully restored VIOLATION OF PROBATION. Failure to fully comply with any term or condition 10 of probation is a violation of probation. If Respondent violates probation in any respect, the 11 Board, after giving Respondent notice and the opportunity to be heard, may revoke probation and 12 carry out the disciplinary order that was stayed. If an Accusation, or Petition to Revoke Probation, 13 or an Interim Suspension Order is filed against Respondent during probation, the Board shall have 14 continuing jurisdiction until the matter is fmal, and the period of probation shall be extended until 15 the matter is final LICENSE SURRENDER. Following the effective date of this Decision, if 17 Respondent ceases practicing due to retirement or health reasons or is otherwise unable to satisfy 18 the terms and conditions of probation, Respondent may request to surrender his or her license. 19 The Board reserves the right to evaluate Respondent's request and to exercise its discretion in 20 determining whether or not to grant the request, or to take any other action deemed appropriate 21 and reasonable under the circumstances. Upon formal acceptance of the surrender, Respondent 22 shall within 15 calendar days deliver Respondent's wallet and wall certificate to the Board or its 23 designee and Respondent shall no longer practice medicine. Respondent will no longer be subject 24 to the terms and conditions of probation. IfRespondent re-applies for a medical license, the 25 application shall be treated as a petition for reinstatement of a revoked certificate PROBATION MONITORING COSTS. Respondent shall pay the costs associated 27 with probation monitoring each and every year of probation, as designated by the Board, which 28 may be adjusted on an annual basis. Such costs shall be payable to the Medical Board of 10

12 California and delivered to the Board or its designee no later than January 31 of each calendar 2 year. 3 ACCEPTANCE 4 I have carefhlly read the above Stipulated Settlement and Disciplinary Order and have fully 5 discussed it wit.t,. my attorney, M. Bradley Wishek. I understand the stipulation and the effect it 6 will have on my Physician's and Surgeon's Certificate. I enter into this Stipulated Settlement and 7 Disciplinary Order voluntarily, knowingly, and intelligently, and agree to be bound by the 8 Decision and Order ofthe Medical Board of California ll DATED: I I Z:v1!!114'll'\i\..r--~,--- TRI MINH DO. M.D. Respondent 12 I have read and fully discussed with Respondent Tri Minh Do, M.D. the terms and 13 conditions and other matters contained in the above Stipulated Settlement and Disciplinary Order. 14 I approve its form and content. ( 15 DATED: _ 5?!~? ~~~~?'4-~--~SI~lEK ~ espondent ENDORSEMENT The foregoing Stipulated Settlement and Disciplinary Order is hereby respectfully submitted for consideration by the Medical Board of California. Dated: q / I Respectfully submitted, ~ \ (o KAMALA D. HARRIS Attorney General of California VUDTMIR SHALKEVICH Acting SuP, ising Dt: 1ty Attorney 26. HN S. GATSCJIET eputy Attorney General 27 Attorneys for Complainant 28 FR / docx ll _, -

13 Exhibit A Accusation No

14 KAMALA D. HARRIS Attorney General of California JOSE R. GUERRERO Supervising Deputy Attorney General JOHNS. GATSCHET Deputy Attorney General State Bar No California Department of Justice 1300 I Street, Suite 125 P.O. Box Sacramento, CA Telephone: (916) Facsimile: (916) Attorneys for Complainant BEFORE THE MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter of the Accusation Against: Tri Minh Do, M.D E. Fir Avenue Fresno, CA Physician's and Surgeon's Certificate No. A 55472, Respondent. Case No ACCUSATION 18 Complainant alleges: 19 PARTIES Kimberly Kirchmeyer ("Complainant") brings this Accusation solely in her official 21 capacity as the Executive Director of the Medical Board of California, Department of Consumer 22 Affairs ("Board") On or about January 3, 1996, the Board issued Physician's and Surgeon's Certificate 24 Number A to Tri Minh Do, M.D. ("Respondent"). The Physician's and Surgeon's 25 Certificate was in full force and effect at all times relevant to the charges brought herein and will 26 expire on November 30, 2017, un~ess renewed. 27 I I I 28 I I I 1 (TRI MINH DO, M.D.) ACCUSATION NO

15 JURISDICTION This Accusation is brought before the Board, under the authority of the following 3 laws. All section references are to the Business and Professions Code unless otherwise indicated Section 2227 ofthe Code provides that a licensee who is found guilty under the 5 Medical Practice Act may have his or her license revoked, suspended for a period not to exceed 6 one year, placed on probation and required to pay the costs of probation monitoring, or such other ''{ 7 action taken in relation to discipline as the Board deems proper Section 2234 of the Code, states: "The board shall take action against any licensee who is charged with unprofessional conduct. In addition to other provisions of this article, unprofessional conduct includes, but is not limited to, the following: "(a) Violating or attempting to violate, directly or indirectly, assisting in or abetting the violation of, or conspiring to violate any provision of this chapter. " "(e) The commission of any act involving dishonesty or corruption which is substantially related to the qualifications, functions, or duties of a physician and surgeon " ". I 6. Section 2236 of the Code.states: 19 "(a) The conviction of any offense substantially related to the qualifications, functions, or 20 duties of a physician and surgeon constitutes unprofessional conduct within the meaning of this 21 chapte~ [Chapter 5, the Medical Practice Act]. The record of conviction shall be conclusive 22 evid.ence only of the fact that the conviction occurred. 23 "{b) The district attorney, city attorney, or other prosecuting agency shall notify the Medical 24 Board of the pendency of an action against a licensee charging a felony or misdemeanor 25 immediately upon obtaining information t~at the defendant is a licensee. The notice shall identify 26 the licensee and describe the crimes charged and the facts alleged. The prosecuting agency shall 27 also'notify the clerk of the court in which the action is pending that the defendant is a licensee, 28 /// 2 (TRl MINH DO, M.D.) ACCUSATION NO. 08~

16 and the clerk shall record prominently in the file that the defendant holds a license as a physician and surgeon. "(c) The clerk of the court in which a licensee is convicted of a crime shall, within 48 hours after the conviction, transmit a certified copy of the record of conviction to the board. The division may inquire into the circumstances surrounding the commission of a crime in order to fix the degree of discipline or to determine if the conviction is of an offense substantially related to the qualifications, functions, or duties of a physician and surgeon. "(d) A plea or verdict of guilty or a conviction after a plea of nolo contendere is deemed to be a conviction within the meaning of this section and Section The record of conviction shall be conclusive evidence of the fact that the conviction occurred. n 7. California Code of Regulations, title 16, section 1360, states: "For the purposes of denial, suspension or revocation of a license, certificate or permit pursuant to Division 1.5 (commencing with Section 475) of the code, a crime or act shall be considered to be substantially related to the qualifications, functions or duties of a person holding a license, certificate or permit under the Medical Practice Act if to a substantial degree it evidences present or potential unfitness of a person holding a license, certificate or permit to perform the functions authorized by the license, certificate or permit in a manner consistent with the public health, safety or welfare. Such crimes or acts shall include but not be limited to the following: Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate any provision of the Medical Practice Act.". FlJ!~T CAUSE FOR DISCIPLINE (Dishonest and Corrupt Acts) Respondent's license is subject to disciplinary action under section 2234, subdivision (e), of the Code in that he committed dishonest and corrupt acts which are substantially related to the qualifications, functions, or duties of a physician and surgeon. The circumstances are as 26 follows: Respondent is Board Certified by the American Board of Radiology and practices 28 Radiation Oncology. 3 (TRI MINH DO, M.D.) ACCUSATION NO

17 In late 2011, Respondent entered into an agreement with the American College of. Radiology ("ACR") to perform!~search into'radiation therapy for prostate cancer. According to the grant agreement, qualifying patients would participate in clinical trials and ACR would reimburse Santa Clara Valley Medical Center ("SCVMC") for ;~~~~~;;sa~~;~~~d~ng patient treatment. At the time Respondent entered into the agreement, Respondent was affiliated with SCVMC. The research grant funding had been provided to ACR by the National Cancer Institute, National Institutes of Health. It is standard practice for SCVMC to contract with the California Institute of Medical Research ("CIMR") to act as a disinterested third party grant manager to ensure that the grant funds are properly used. In this case, a contract was never finalized with CIMR. No third party grant manager was put in place to ensure proper use of the grant money ACR began issuing reimbursement checks to "Santa Clara Valley Med Ctr Attn Tri Do Department of Radiation Therapy" and mailing the checks directly to Respondent. This was in direct conflict with the SCVMC....Administrative.., Polices and Procedures Manual that either SCVMC would manage the grant money or a third party administrator would manage grant monies. Respondent was never supposed to receive the checks directly. Between December 13, 2011, and October 15, 2012, Respondent received twelve checks totaling $51, On Feb~uary 14, 2012, Respondent opened a Wells Fargo Checking Account titled "Tri Minh Do DBA Santa Clara Medical" ("Checking Account"). Between February 27,2012, and November 13, 2012, Respondent deposited the checks from ACR into the Checking Account Respondentused the money from the Checking Account for personal expenses which included making property tax payments, paying mortgage payments, paying Verizon bills, paying Visa bills, paying Chase bills, and purchasing shoes. Respondent also commingled his own funds into the account by depositing a total of approximately $18, into the Checking Account, including his California state ta~~r.efunq. Re.~pondent also made on-line transfers out of the Checking Account to his other personal bank accounts. At the closing balance on April30, 2013, there was only $3,479.66left in the account. Respondent converted approximately $50,000 to his own personal use despite the money being provided to SCVMC to reimburse the hospital for patients participating in cancer research. 4 (TRI MINH DO, M.D.) ACCUSATION NO

18 13. On July 16,2013, Respondent was interviewed by an Investigator with the Santa 2 Clara District Attorney's Office ("Investigator"). Respondent admitted that he had sole access to 3 the Checking Account and made all deposits and withdrawals. Respondent claimed that the 4 money was to be used for a research assistant and not to reimburse SCVMC despite the clear 5 language of the grant contract. l;},espondent a,dmitted he never notified anyone that he was..)... ' 6 receiving the ACR checks directly. When confronted with the fact that there was no large or 7 steady increase in the account that would appear to fund a research assistant, Respondent offered 8 to repay the money back to SCVMC. Respondent was asked if he felt what he did was wrong and 9 Respondent answered, "Yah I guess I did. Yah." On August 1, 2013, Respondent's brother, L.D., was interviewed by the Investigator. 11 L.D. identified four checks from the Checking Account that had bet?n written by Respondent and 12 that Respondent had personally given to L.D. L.D. said the checks were for Respondent's share 13 of the mortgage payment on their parents' house Respondent's conduct as described above constitutes dishonest and corrupt acts and 15 constitutes unprofessional conduct in violation of section 2234, subdivision (e), of the Code and 16 hereby provides cause for discipline to Respondent's license. ~.J. i ~. 17 SECOND CAUSE FOR DISCIPLINE 18 (Conviction ofa Crime) Respondent's license is subject to disciplinary action under sections 2234 and 2236 of 20 the Code in that Respondent was convicted of a crime substantially related to the practice of 21 medicine. The circumstances are as follows: Complainant realleges paragraphs 8 through 15, and those paragraphs are 23 incorporated by reference as if fully set forth herein On August 27, 2013, a single c9unt felony Complaint was filed in Santa Clara County 25 Superior Court, Case Number Cl363940, entitled thepeople v. Tri Minh Do as a result of the 26 conduct set forth in paragraphs 8 through 15. The Complaint charged Respondent with a felony 27 violation of California Penal Code section 424, subdivision (a), misappropriation of public funds 28 by a county officer. :, I 5 (TRI MTNH DO, M.D.) ACCUSATION NO

19 19. On February 5, 2016, following a jury trial, Respondent was convicted in Case 2 Number C of a felony violation of California Penal Code section 424. Sentencing is 3 scheduled for April 18, Respondent's conduct as described above constitutes conviction of a crime 5 substantially :elated to the practice of medicine and constitutes unprofessional conduct in 6 violation of sections 2234 and 2236 of the Code and hereby provides cause for discipline to 7 Respondent's license. 8 THIRD CAUSE FOR DISCIPLINE '.i 9 (General Unprofessional Conduct) Respondent's license is subject to disciplinary action under section 2234 of the Code 11 in that Respondent committed general unprofessional conduct. The circumstances are as follows: Complainant realleges paragraphs 8 through 20, and those paragraphs are 13 incorporated by reference as if fully set forth herein Respondent's conduct as described above constitutes a lack of integrity and 15 constitutes general unprofessional conduct in violation of section 2234 of the Code and hereby 16 provides cause for discipline to Responden.~' s license. 17 I I I 18 II I 19 I I I 20 I I I 21 Ill 22 Ill 23 Ill 24 I I I 25 I I I 26 Ill 27 I I I 28 Ill 6 (TRI MINH DO, M.D.) ACCUSATION NO,

20 PRAYER 2 WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged, 3 and that following the hearing, the Medical Board of California issue a decision: 4 1. Revoking or suspending Physician's and Surgeon's Certificate Number A 55472, 5 issued to Tri Minh Do, M.D.; 6 2. Revoking, suspending or denying approval oftl'i Minh Do, M.D.'s authority to 7 supervise physician assistants, pursuant to section 3527 of the Code; 8 3. Ordering Tri Minh Do, M.D., if placed on probation, to pay the Board the cost~ of 9 probation monitoring; and Taking such other and further action as deemed necessary and proper. II 12 DATED: March 3, KIMBERLY Executive Director Medical Board of California Department of Consumer Affairs State of California Complainant FR doc... ' '- : (TRI MINH DO, M.D.) ACCUSATION NO