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

Transcription

1 BEFORE THE MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter of the Accusation ) Against: ) ) ) SANG IL KIM, M.D. ) ) Physician's and Surgeon's ) Certificate No. C ) ) 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 May 5, IT IS SO ORDERED: April 5, MEDICAL BOARD OF CALIFORNIA

2 KATHLEEN A. KENEALY Acting Attorney General of California ROBERT MCKIM BELL 2 Supervising Deputy Attorney General COLLEEN M. MCGURRIN 3 Deputy Attorney General State Bar Number South Spring Street, Suite 1702 Los Angeles, California Telephone: (213) Facsimile: (213) Attorneysfor Complainant 7 BEFORETHE MEDICAL BOARD OF CALIFORNIA 8 DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter of the Accusation Against: SANG IL KIM, M.D Victory Blvd., Suite 200 Reseda, CA Physician's and Surgeon's Certificate No. C42314 Respondent. Case No OAH No STIPULATED SETTLEMENT AND DISCIPLINARY ORDER 17 IT IS HEREBY STIPULATED AND AGREED by and between the parties to the above- 18 entitled proceedings that the following matters are true: 19 PARTIES Kimberly Kirchmeyer (Complainant) is the Executive Director of the Medical Board 21 of California (Board). She brought this action solely in her official capacity and is represented in 22 this matter by Kathleen A. Kenealy, Acting Attorney General ofthe State of California, by 23 Colleen M. McGurrin, Deputy Attorney General Sang II Kim, M.D. (Respondent) is representing himself in this proceeding and has 25 chosen not to exercise his right to be represented by counsel On or about June 7, 2001, the Board issued Physician's and Surgeon's Certificate No. 27 C42314 to Sang II Kim, M.D. Said Certificate was in full force and effect at all times relevant to 28 the charges brought in Accusation No , and will expire on December 31, 2018, STIPULATED SETTLEMENT ( )

3 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 July 25, 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, and understands the charges and allegations in Accusation No Respondent has also carefully read, 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 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. 8. Respondent freely, voluntarily, knowingly, and intelligently waives and gives up each and every right set forth above. CULPABILITY 9. Respondent admits the truth of each and every charge and allegation in Accusation 24 No Respondent agrees that his Physician's and Surgeon's Certificate is subject to 26 discipline and he agrees to be bound by the Board's probationary terms as set forth in the 27 Disciplinary Order below. 28 /// 2 STIPULATED SETTLEMENT ( )

4 CONTINGENCY This stipulation shall be subject to approval by the Medical Board of California. 3 Respondent understands and agrees that counsel for Complainant and the staff of the Medical 4 Board of California may communicate directly with the Board regarding this stipulation and 5 settlement, without notice to or participation by Respondent. By signing the stipulation, 6 Respondent understands and agrees that he may not withdraw his agreement or seek to rescind the 7 stipulation prior to the time the Board considers and acts upon it. If the Board fails to adopt this 8 stipulation as its Decision and Order, the Stipulated Settlement and Disciplinary Order shall be of 9 no force or effect, except for this paragraph, it shall be inadmissible in any legal action between 10 the parties, and the Board shall not be disqualified from further action by having considered this 11 matter The parties understand and agree that Portable Document Format (PDF) and facsimile 13 copies of this Stipulated Settlement and Disciplinary Order, including PDF and facsimile 14 signatures thereto, shall have the same force and effect as the originals In consideration of the foregoing admissions and stipulations, the parties agree that 16 the Board may, without further notice or formal proceeding, issue and enter the following 17 Disciplinary Order: 18 DISCIPLINARY ORDER 19 IT IS HEREBY ORDERED that Physician's and Surgeon's Certificate No. C42314 issued 20 to Respondent SANG IL KIM, M.D. is revoked. However, the revocation is stayed and 21 Respondent is placed on probation for five (5) years on the following terms and conditions ALCOHOL- ABSTAIN FROM USE. Respondent shall abstain completely from the 23 use of products or beverages containing alcohol. 24 If Respondent has a confirmed positive biological fluid test for alcohol, Respondent shall 25 receive a notification from the Board or its designee to immediately cease the practice of 26 medicine. The Respondent shall not resume the practice of medicine until final decision on an 27 accusation and/or a petition to revoke probation. An accusation and/or petition to revoke 28 probation shall be filed by the Board within 15 days of the notification to cease practice. If the 3 STIPULATED SETTLEMENT ( )

5 Respondent requests a hearing on the accusation and/or petition to revoke probation, the Board 2 shall provide the Respondent with a hearing within 30 days of the request, unless the Respondent 3 stipulates to a later hearing. A decision shall be received from the Administrative Law Judge or 4 the Board within 15 days unless good cause can be shown for the delay. The cessation of practice 5 shall not apply to the reduction of the probationary time period. 6 If the Board does not file an accusation or petition to revoke probation within 15 days of the 7 issuance of the notification to cease practice or does not provide Respondent with a hearing 8 within 30 days of a such a request, the notification of cease practice shall be dissolved BIOLOGICAL FLUID TESTING. Respondent shall immediately submit to 10 biological fluid testing, at Respondent's expense, upon request of the Board or its designee. 11 "Biological fluid testing" may include, but is not limited to, urine, blood, breathalyzer, hair 12 follicle testing, or similar drug screening approved by the Board or its designee. Prior to 13 practicing medicine, Respondent shall contract with a laboratory or service approved in advance 14 by the Board or its designee that will conduct random, unannounced, observed, biological fluid 15 testing. The contract shall require results of the tests to be transmitted by the laboratory or 16 service directly to the Board or its designee within four hours of the results becoming available. 17 Respondent shall maintain this laboratory or service contract during the period of probation. 18 A certified copy of any laboratory test result may be received in evidence in any 19 proceedings between the Board and Respondent. 20 If Respondent fails to cooperate in a random biological fluid testing program within the 21 specified time frame, Respondent shall receive a notification from the Board or its designee to 22 immediately cease the practice of medicine. The Respondent shall not resume the practice of 23 medicine until final decision on an accusation and/or a petition to revoke probation. An 24 accusation and/or petition to revoke probation shall be filed by the Board within 15 days of the 25 notification to cease practice. If the Respondent requests a hearing on the accusation and/or 26 petition to revoke probation, the Board shall provide the Respondent with a hearing within days of the request, unless the Respondent stipulates to a later hearing. A decision shall be 28 received from the Administrative Law Judge or the Board within 15 days unless good cause can 4 STIPULATED SETTLEMENT ( )

6 be shown for the delay. The cessation of practice shall not apply to the reduction of the 2 probationary time period. 3 If the Board does not file an accusation or petition to revoke probation within 15 days of the 4 issuance of the notification to cease practice or does not provide Respondent with a hearing 5 within 30 days of a such a request, the notification of cease practice shall be dissolved ANGER MANAGEMENT COURSE. Within 60 calendar days of the effective date 7 of this Decision, Respondent shall enroll in a course in anger management, approved in advance 8 by the Board or its designee. Respondent shall provide the program with any information and 9 documents that the Program may deem pertinent. Respondent shall participate in and 10 successfully complete the classroom component of the course not later than six ( 6) months after 11 Respondent's initial enrollment. Respondent shall successfully complete any other component of 12 the course within one (1) year of enrollment. The anger management course shall be at 13 Respondent's expense and shall be in addition to the Continuing Medical Education (CME) 14 requirements for renewal of licensure. 15 An anger management course taken after the acts that gave rise to the charges in the 16 Accusation, but prior to the effective date of the Decision may, in the sole discretion of the Board 17 or its designee, be accepted towards the fulfillment of this condition if the course would have 18 been approved by the Board or its designee had the course been taken after the effective date of 19 this Decision. 20 Respondent shall submit a certification of successful completion to the Board or its 21 designee not later than 15 calendar days after successfully completing the course, or not later than calendar days after the effective date of the Decision, whichever is later PROFESSIONALISM PROGRAM (ETHICS COURSE). Within 60 calendar days of 24 the eftective date of this Decision, Respondent shall enroll in a professionalism program, that 25 meets the requirements of Title 16, California Code of Regulations (CCR) section Respondent shall participate in and successfully complete that program. Respondent shall 27 provide any information and documents that the program may deem pertinent. Respondent shall 28 successfully complete the classroom component of the program not later than six (6) months after 5 STIPULATED SETTLEMENT ( )

7 1 Respondent's initial enrollment, and the longitudinal component of the program not later than the 2 time specified by the program, but no later than one (1) year after attending the classroom 3 component. The professionalism program shall be at Respondent's expense and shall be in 4 addition to the Continuing Medical Education (CME) requirements for renewal of licensure. 5 A professionalism program taken after the acts that gave rise to the charges in the 6 Accusation, but prior to the effective date ofthe Decision may, in the sole discretion of the Board 7 or its designee, be accepted towards the fulfillment of this condition if the program would have 8 been approved by the Board or its designee had the program been taken after the effective date of 9 this Decision. 10 Respondent shall submit a certification of successful completion to the Board or its 11 designee not later than 15 calendar days after successfully completing the program or not later 12 than 15 calendar days after the effective date of the Decision, whichever is later PSYCHIATRIC EVALUATION. Within 30 calendar days of the effective date of 14 this Decision, and on whatever periodic basis thereafter may be required by the Board or its 15 designee, Respondent shall undergo and complete a psychiatric evaluation (and psychological 16 testing, if deemed necessary) by a Board-appointed board certified psychiatrist, who shall 17 consider any information provided by the Board or designee and any other information the 18 psychiatrist deems relevant, and shall furnish a written evaluation report to the Board or its 19 designee. Psychiatric evaluations conducted prior to the effective date of the Decision shall not 20 be accepted towards the fulfillment of this requirement. Respondent shall pay the cost of all 21 psychiatric evaluations and psychological testing. 22 Respondent shall comply with all restrictions or conditions recommended by the evaluating 23 psychiatrist within 15 calendar days after being notified by the Board or its designee PSYCHOTHERAPY. Within 60 calendar days of the effective date of this Decision, 25 Respondent shall submit to the Board or its designee for prior approval the name and 26 qualifications of a California-licensed board certified psychiatrist or a licensed psychologist who 27 has a doctoral degree in psychology and at least five years of postgraduate experience in the 28 diagnosis and treatment of emotional and mental disorders. Upon approval, Respondent shall 6 STIPULATED SETTLEMENT ( )

8 undergo and continue psychotherapy treatment, including any modifications to the frequency of 2 psychotherapy, until the Board or its designee deems that no further psychotherapy is necessary. 3 The psychotherapist shall consider any information provided by the Board or its designee 4 and any other information the psychotherapist deems relevant and shall furnish a written 5 evaluation report to the Board or its designee. Respondent shall cooperate in providing the 6 psychotherapist any information and documents that the psychotherapist may deem pertinent. 7 Respondent shall have the treating psychotherapist submit quarterly status reports to the 8 Board or its designee. The Board or its designee may require Respondent to undergo psychiatric 9 evaluations by a Board-appointed board certified psychiatrist. If, prior to the completion of 10 probation, Respondent is found to be mentally unfit to resume the practice of medicine without 11 restrictions, the Board shall retain continuing jurisdiction over Respondent's license and the 12 period of probation shall be extended until the Board determines that Respondent is mentally fit 13 to resume the practice of medicine without restrictions. 14 Respondent shall pay the cost of all psychotherapy and psychiatric evaluations NOTIFICATION. Within seven (7) days ofthe effective date ofthis Decision, the 16 Respondent shall provide a true copy of this Decision and Accusation to the Chief of Staff or the 17 Chief Executive Officer at every hospital where privileges or membership are extended to 18 Respondent, at any other facility where Respondent engages in the practice of medicine, 19 including all physician and locum tenens registries or other similar agencies, and to the Chief 20 Executive Officer at every insurance carrier which extends malpractice insurance coverage to 21 Respondent. Respondent shall submit proof of compliance to the Board or its designee within calendar days. 23 This condition shall apply to any change(s) in hospitals, other facilities or insurance carrier SUPERVISION OF PHYSICIAN ASSISTANTS. During probation, Respondent is 25 prohibited from supervising physician assistants OBEY ALL LAWS. Respondent shall obey all federal, state and local laws, all rules 27 governing the practice of medicine in California and remain in full compliance with any court 28 ordered criminal probation, payments, and other orders. 7 STIPULATED SETTLEMENT ( )

9 10. QUARTERLY DECLARATIONS. Respondent shall submit quarterly declarations 2 under penalty of perjury on forms provided by the Board, stating whether there has been 3 compliance with all the conditions of probation. 4 Respondent shall submit quarterly declarations not later than 10 calendar days after the end 5 of the preceding quarter GENERAL PROBATION REQUIREMENTS. 7 Compliance with Probation Unit 8 Respondent shall comply with the Board's probation unit and all terms and conditions of 9 this Decision. 10 Address Changes 11 Respondent shall, at all times, keep the Board informed of Respondent's business and 12 residence addresses, address (if available), and telephone number. Changes of such 13 addresses shall be immediately communicated in writing to the Board or its designee. Under no 14 circumstances shall a post office box serve as an address of record, except as allowed by Business 15 and Professions Code section 2021 (b). 16 Place of Practice 17 Respondent shall not engage in the practice of medicine in Respondent's or patient's place 18 of residence, unless the patient resides in a skilled nursing facility or other similar licensed 19 facility. 20 License Renewal 21 Respondent shall maintain a current and renewed California physician's and surgeon's 22 license. 23 Travel or Residence Outside California 24 Respondent shall immediately inform the Board or its designee, in writing, of travel to any 25 areas outside the jurisdiction of California which lasts, or is contemplated to last, more than thirty 26 (30) calendar days. 27 In the event Respondent should leave the State of California to reside or to practice 28 Respondent shall notify the Board or its designee in writing 30 calendar days prior to the dates of 8 STIPULATED SETTLEMENT ( I 5-0 I 7928)

10 1 departure and return INTERVIEW WITH THE BOARD OR ITS DESIGNEE. Respondent shall be 3 available in person upon request for interviews either at Respondent's place of business or at the 4 probation unit office, with or without prior notice throughout the term of probation NON-PRACTICE WHILE ON PROBATION. Respondent shall notify the Board or 6 its designee in writing within 15 calendar days of any periods of non-practice lasting more than 7 30 calendar days and within 15 calendar days ofrespondent's return to practice. Non-practice is 8 defined as any period of time Respondent is not practicing medicine in California as defined in 9 Business and Professions Code sections 2051 and 2052 for at least 40 hours in a calendar month 10 in direct patient care, clinical activity or teaching, or other activity as approved by the Board. All 11 time spent in an intensive training program which has been approved by the Board or its designee 12 shall not be considered non-practice. Practicing medicine in another state of the United States or 13 Federal jurisdiction while on probation with the medical licensing authority of that state or 14 jurisdiction shall not be considered non-practice. A Board-ordered suspension of practice shall 15 not be considered as a period of non-practice. 16 In the event Respondent's period of non-practice while on probation exceeds 18 calendar 17 months, Respondent shall successfully complete a clinical training program that meets the criteria 18 of Condition 18 ofthe current version ofthe Board's "Manual ofmodel Disciplinary Orders and 19 Disciplinary Guidelines" prior to resuming the practice of medicine. 20 Respondent's period of non-practice while on probation shall not exceed two (2) years. 21 Periods of non-practice will not apply to the reduction of the probationary term. 22 Periods of non-practice will relieve Respondent of the responsibility to comply with the 23 probationary terms and conditions with the exception of this condition and the following terms 24 and conditions of probation: Obey All Laws; and General Probation Requirements COMPLETION OF PROBATION. Respondent shall comply with all financial 26 obligations (e.g., restitution, probation costs) not later than 120 calendar days prior to the 27 completion of probation. Upon successful completion of probation, Respondent's certificate shall 28 be fully restored. 9 STIPULATED SETTLEMENT ( I )

11 15. VIOLATION OF PROBATION. Failure to fully comply with any term or condition 2 of probation is a violation of probation. If Respondent violates probation in any respect, the 3 Board, after giving Respondent notice and the opportunity to be heard, may revoke probation and 4 carry out the disciplinary order that was stayed. If an Accusation, or Petition to Revoke Probation, 5 or an Interim Suspension Order is filed against Respondent during probation, the Board shall have 6 continuing jurisdiction until the matter is final, and the period of probation shall be extended until 7 the matter is final LICENSE SURRENDER. Following the effective date of this Decision, if 9 Respondent ceases practicing due to retirement or health reasons or is otherwise unable to satisfy 10 the terms and conditions of probation, Respondent may request to surrender his or her license. 11 The Board reserves the right to evaluate Respondent's request and to exercise its discretion in 12 determining whether or not to grant the request, or to take any other action deemed appropriate 13 and reasonable under the circumstances. Upon formal acceptance of the surrender, Respondent 14 shall within 15 calendar days deliver Respondent's wallet and wall certificate to the Board or its 15 designee and Respondent shall no longer practice medicine. Respondent will no longer be subject 16 to the terms and conditions of probation. If Respondent re-applies for a medical license, the 17 application shall be treated as a petition for reinstatement of a revoked certificate PROBATION MONITORING COSTS. Respondent shall pay the costs associated 19 with probation monitoring each and every year of probation, as designated by the Board, which 20 may be adjusted on an annual basis. Such costs shall be payable to the Medical Board of 21 California and delivered to the Board or its designee no later than January 31 of each calendar 22 year. 23 I I I 24 I I I 25 I I I 26 I I I 27 I I I 28 I I I 10 STIPULATED SETTLEMENT ( )

12 ACCEPTANCE 2 I have carefully read the Stipulated Settlement and Disciplinary Order. I understand the 3 stipulation and the effect it will have on my Physician's and Surgeon's Certificate. I enter into 4 this Stipulated Settlement and Disciplinary Order freely, voluntarily, knowingly, and intelligently, 5 and agree to be bound by the Decision and Order of the Medical Board of California. 6 7 DATED: ENDORSEMENT The foregoing Stipulated Settlement and Disciplinary Order is hereby respectfully submitted for consideration by the Medical Board of California. Dated: ~o/; 19-eo 17 Respectfully submitted, KATHLEEN A. KENEALY Acting Attorney General of California ROBERT McKI BELL Supervising eputy At COLLEEN M. MCGURRIN Deputy Attorney General Attorneysfor Complainant LA docx STIPULATED SETTLEMENT ( )

13 Exhibit A Accusation No

14 KAMALA D. HARRIS Attorney General of California 2 ROBERT MCKIM BELL Supervising Deputy Attorney General 3 COLLEEN M. MCGURRIN Deputy Attorney General 4 State Bar Number South Spring Street Suite Los Angeles, Califomia Telephone: (213) Facsimile: (213) Attorneys for Complainant 7 BEFORE THE 8 MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS 9 STATE OF CALIFORNIA In the Matter of the Accusation Against: 12 SANG IL KIM, M.D Victory Boulevard, Suite 200 Reseda, California Physician's and Surgeon's Certificate 15 Number C42314, Case No ACCUSATION 16 Respondent Complainant alleges: 19 PARTIES Kimberly Kirchmeyer (Complainant) brings this Accusation solely in her official 21 capacity as the Executive Director ofthe Medical Board ofcalifornia (Board) On June 7, 2001, the Board issued Physician's and Surgeon's Certificate Number 23 C42314 to Sang II Kim, M.D. (Respondent). That license was in full force and effect at all times 24 relevant to the charges brought herein and will expire on December 31, 2016, unless renewed. 25 JURISDICTION This Accusation is brought before the Board under the authority of the following 27 laws. All section references are to the Business and Professions Code (Code) unless otherwise 28 indicated. (SANG IL KIM, M.D.) ACCUSATION NO

15 4. Section 2004 of the Code states, in pertinent part: 2 "The board shall have the responsibility for the following: 3 "(a) The enforcement of the disciplinary and criminal provisions of the Medical Practice 4 Act. 5 "(b) The administration and hearing of disciplinary actions "(c) Carrying out disciplinary actions appropriate to findings made by a panel or an administrative law judge. "(d) Suspending, revoking, or otherwise limiting cet1ificates after the conclusion of disciplinary actions. "(e)... (i)." 5. Section of the Code provides, in pertinent part: "(a) Except as provided... any accusation filed against a licensee pursuant to Section of the Government Code shall be filed within three years after the board, or a division thereof, discovers the act... alleged as the ground for disciplinary action..." "(b)... (f)." 6. Section 2227 of the Code provides, in pertinent part: "(a) A licensee whose matter has been heard by an administrative law judge of the Medical Quality Hearing Panel as designated in Section ofthe Government Code... and who is found guilty, or who has entered into a stipulation for disciplinary action with the board, may, in accordance with the provisions ofthis chapter: "(1) Have his... license revoked upon order ofthe board. "(2) Have his... right to practice suspended for a period not to exceed one year upon order ofthe board. "(3) Be placed on probation and be required to pay the costs of probation monitoring upon order of the board. "( 4) Be publicly reprimanded by the board. The public reprimand may include a requirement that the licensee complete relevant educational courses approved by the board (SANG IL KIM, M.D.) ACCUSATJON NO

16 "(5) Have any other action taken in relation to discipline as part of an order of probation, as 2 the board or an administrative law judge may deem proper. 3 "(b)...'' 4 7. Section 2239 of the Code states, in pertinent part: 5 " (a) The use... of alcoholic beverages, to the extent, or in such a manner as to be 6 dangerous or injurious to the licensee, or to any other person or to the public... constitutes 7 unprofessional conduct. The record ofthe conviction is conclusive evidence of such 8 unprofessional conduct. 9 "(b) A... plea of nolo contendere is deemed to be a conviction within the meaning of this 10 section. The Division of Medical Quality may order discipline of the licensee in accordance with 11 Section when an order granting probation is made suspending imposition of sentence, 12 irrespective of a subsequent order under the provisions of Section of the Penal Code 13 allowing such person to withdraw his or her plea of guilty and to enter a plea of not guilty, or 14 setting aside the verdict of guilty, or dismissing the accusation, complaint, information, or 15 indictment." Section 2236 of the Code states, in pertinent part: "(a) The conviction of any offense substantially related to the qualifications, functions, or duties of a physician and surgeon constitutes unprofessional conduct within the meaning of this chapter [Chapter 5, the Medical Practice Act]. The record of conviction shall be conclusive evidence only of the fact that the conviction occurred. "(b)..." "(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 tix 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... of nolo contendere is deemed to be a conviction within the meaning of this section... The record of conviction shall be conclusive evidence of the fact that the conviction 3 (SANG IL KIM. M.D.) ACCliSATIONNO

17 occurred." 2 9. California Code of Regulations, title 16, section 1360, states: 3 "For the purposes of denial, suspension or revocation of a license, certificate or permit 4 pursuant to Division 1.5 (commencing with Section 475) of the code, a crime or act shall be 5 considered to be substantially related to the qualifications, functions or duties of a person holding 6 a license, certificate or permit under the Medical Practice Act if to a substantial degree it 7 evidences present or potential unfitness of a person holding a... certificate... in a manner 8 consistent with the public health, safety or welfare. Such crimes or acts shall include but not be 9 limited to the following: Violating or attempting to violate, directly or indirectly, or assisting in or 10 abetting the violation of, or conspiring to violate any provision of the Medical Practice Act." 11 OTHER CODE SECTIONS Vehicle Code Section 23152, subdivisions (a) and (b), provide, in pertinent part: 13 "(a) It is unlawful for any person who is under the influence of any alcoholic beverage or 14 drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle." 15 "(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in 16 his... blood to drive a vehicle." Penal Code section 415, subdivision (3) states, in pertinent part: "Any of the 18 following persons shall be punished by imprisonment in the county jail for a period of not more 19 than 90 days, a fine of not more than four hundred dollars ($400), or both such imprisonment and 20 fine: 21 "(!)... (2)." 22 "(3) Any person who uses offensive words in a public place which are inherently likely to 23 provoke an immediate violent reaction." 24 FIRST CAUSE FOR DISCIPLINE 25 (Use of Alcohol to an Extent Dangerous to Self or Others) Respondent Sang II Kim, M.D. is subject to disciplinary action under Business and 27 Professions Code section 2239 in that he was convicted of driving a motor vehicle under the 28 influence of alcohol, in violation of Vehicle Code section 23152, subdivision (b) and used alcohol 4 (SANG IL K1M. M.D.) ACCUSATION NO

18 to an extent that was dangerous to himself or others. The circumstances are as follows: On or about December 28,2015, a Misdemeanor Complaint entitled The People of 3 the State of California v. Sang I! Kim. was filed in the Los Angeles Superior Court, bearing case 4 number 5GN05013, charging Respondent with one count of driving under the influence of 5 alcohol, in violation of Vehicle code section 23152, subdivision (a), one count of driving under 6 the influence of alcohol with a blood alcohol level of0.08 or more, in violation of Vehicle Code 7 section 23152, subdivision (b), and one count of disturbing the peace by offensive language, in 8 violation Penal Code section 415, subdivision (3). The circumstances were as follows: On or about October 11,2015, at approximately 10:03 p.m., Respondent was driving 10 his vehicle northbound on Glendale Boulevard a few blocks from Garfield Avenue when the 11 female driver in front of Respondent's vehicle noticed he was weaving in and out ofthe lanes. 12 Fearing for her safety, the female driver turned left onto Garfield A venue in an attempt to get 13 away from Respondent's vehicle. Respondent also turned left onto Garfield and followed the 14 female driver. The female driver pulled to the side of the curb. Respondent pulled next to her 15 and yelled out "you're a bitch." She then pulled into a driveway where a few people were 16 standing outside and asked them for help. They asked Respondent to leave, but he refused so she 17 called the police. 18 When the police arrived, Respondent was sitting in the driver's seat of his vehicle with the 19 engine still running. When the officer contacted Respondent, he immediately detected a strong 20 odor of an alcoholic beverage emitting for Respondent's breath and person. The officer noted 21 that Respondent's eyes were bloodshot, watery and glassy and that Respondent had the vehicle in 22 reverse.. When the officer asked Respondent to put the vehicle in "park" and to turn off the 23 engine, Respondent kept trying to turn the engine off without first putting the vehicle in "park." 24 Respondent appeared to be confused. The officer asked if Respondent had consumed any alcohol 25 that evening and Respondent stated he had "a beer at one of the beer stores." The officer noted 26 that Respondent's speech was sluited and slow. The officer asked why Respondent was 27 following the female driver. Respondent stated it was because she had almost collided with him. 28 Believing that Respondent may be under the influence of alcohol, the officer began 5 (SANG IL KIM, M.D.) ACCUSATION NO

19 conducting field sobriety tests (FST) 1, including a horizontal gaze nystagmus (HGN) Respondent failed the HGN test four times as Respondent kept moving his head side to side even though the officer repeatedly instructed him to keep his head still during the test and only move his eyes. After conducting a series of FSTs, the officer asked Respondent to take a preliminary breath test, also known as a PAB or PAS. 3 Respondent provided two samples. The first sample was collected at I 0:27p.m. and the second sample was collected at 10:30 p.m. Both samples resulted in a blood alcohol concentration level (BAC) of 0.187% -- more than twice the legal limit. Thereafter, Respondent was arrested for driving under the influence of alcohol. Respondent was transported to the police station where he agreed to provide a blood sample which confirmed a BAC level of 0.18%. 15. On January 11, 2016, Respondent entered a plea of no contest to count two, driving under the influence of alcohol with a BAC of0.08 or more, in violation ofvehicle Code section 23152, subdivision (b). The court dismissed counts one and three, suspended the imposition of sentence on count 2, and ordered Respondent to: be placed on 36 months summary probation; enroll in, participate in and successfully complete a 6-month alcohol education program; pay a fine and other penalties or perform 3-days of community service in lieu thereof; enroll and complete an anger management program; stay away from the female driver involved in the case; 1 Field sobriety tests, abbreviated at FST, are a battery oftests performed during a traffic stop in order to determine if a driver is over the legal Blood Alcohol Concentration (BAC) limit. 2 Nystagmus is the involuntary rapid movement of an eye either horizontally or vertically. Alcohol consumption can cause this condition. Horizontal Gaze Nystagmus (HGN) testing is a field sobriety test recognized by the National Highway Traffic & Safety Administration of the federal government. The HGN test involves the police officer having the driver follow a pen with his eyes. The police officer is looking for specific responses hom the eyes that show the driver is under the influence. To conduct the test, the police oflicer will hold a pen or finger approximately 12 inches from the driver's face at eye level and move it back and forth parallel to the ground in front of the driver. The police officer looks for three indicators, namely lack of smooth pursuit onset of nystagmus before 45 degrees and distinct nystagmus at maximum deviation. Each of the above three indicators counts as one point in the test and a total of four points is considered as indication of impairment. 3 A preliminary alcohol breath test. abbreviated as PAB or PAS. is a preliminary alcohol screening (PAS) used by law enforcement officers for an on the spot determination of the blood alcohol concentration (BAC) level of an individual suspected of driving under the influence (DUI). The test is performed using a handheld breath testing device, commonly known as a breathalyzer, that gives an immediate and fail'ly acc.:uratc measure of an individual's BAC level. 6 (SANG IL KIM, M.D.) ACCUSATION NO

20 and to obey all laws, among other things On April 13, 2016, Respondent was interviewed by the Board regarding the facts and 3 circumstances of his arrest and conviction. During the interview, he admitted that on the night of 4 his arrest he had actually consumed two glasses of wine and an unknown number ofbeers. 5 Respondent admitted that he feels the effects of alcohol quickly and did not recall exactly how 6 many drinks he had because they "just kept toasting" and he continued drinking until all the toasts 7 were over. Respondent stated that he never went to a "beer store" that night as he told the officer 8 and did not know why he told the officer that. 9 When asked why he was ordered to take anger management classes as part of his criminal 10 probation, Respondent stated he became "very mad" at the female driver because she almost 11 caused him to have an accident so he decided to follow her in his car. Respondent admitted 12 saying "more bad, bad words" to the female driver but could not recall exactly what he said. 13 SECOND CAUSE FOR DISCIPLINE 14 (Conviction of a Crime Substantially Related to the Practice of Medicine) By reason ofthe facts set forth above in Paragraphs 13 through 16, Respondent Sang ll Kim, M.D. is subject to disciplinary action under Business and Professions Code section 2236 in that he was convicted of a crime substantially related to the qualifications, functions and duties of his profession as a physician and surgeon. PRAYER WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged, and that following the hearing, the Medical Board of California issue a decision: 1. Revoking or suspending Physician's and Surgeon's Certificate Number C42314, issued to Respondent Sang II Kim, M.D.; 2. Revoking, suspending or denying approval of his authority to supervise physician assistants, pursuant to section 3527 of the Code; 3. If placed on probation, ordering him to pay the Board the costs of probation monitoring; and Ill 7 (SANG IL KIM. M.D.) ACCUSATION NO

21 4. Taking such other and fi.uther action as deemed necessary and proper. 2 3 DATED: July 25, LA docx Executive Dj, ector Medical Board of California Department of Consumer Affairs State of California Complainant (SANG IL KIM, M.D.) ACCIJSATION NO