BEFORE THE DIVISION OF MEDICAL QUALITY BOARD OF MEDICAL QUALITY ASSURANCE DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA DECISION

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1 ~~~-~~~-~~- BEFORE THE DIVISION OF MEDICAL QUALITY BOARD OF MEDICAL QUALITY ASSURANCE DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter of the Accusation Against: FRANK MOSLER, M.D. Certificate No. A-1, Respondent. ~ NO. D- DECISION The attached Stipulation is hereby adopted by the Division of Medical Quality of the Board of Medical Quality Assurance as its Decision in the above-entitled matter. This Decision shall become effective on April 1, 1 IT IS SO ORDERED March 1, 1 DIVISION OF MEDICAL QUALITY BOARD OF MEDICAL QUALITY ASSURANCE ~ MILLER MEDEARIS Secretary-Treasurer

2 1 GEORGE DEUKMEJIAN, Attorney General WILLIAM L. MARCUS Deputy Attorney General 0 Wilshire Boulevard Los Angeles, California 0010 Telephone: (1-0 Attorneys for Complainant 10 BEFORE THE DIVISION OF MEDICAL QUALITY BOARD OF MEDICAL QUALITY ASSURANCE DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter of the Accusation Against: FRANK MOSLER, M.D. Courbet Lane Granada Hills, California Physician's and Surgeon's Certificate No. A-1, Respondent. ~~~~~~~~~~~~~~~~~~~> NO. D- STIPULATION FOR SETTLEMENT IT IS HEREBY STIPULATED by and between the parties to the above entitled accusation as follows: 1. There is presently pending before the Division of 1 Medical Quality of the Board of Medical Quality Assurance (hereinafter the "division" an accusation number D- against Frank Mosler, M.D. (hereinafter referred to as "the respondent.. Respondent is represented in this matter by Henry Lewin, Esq., and has counseled with Mr. Lewin regarding this stipulation for settlement. I 1.

3 1. Respondent is fully aware of the charges and allegations contained in said accusation number D- on file with the division and respondent has been fully advised with regard to his rights in this matter.. Respondent is fully aware of his right to a hearing on the charges and allegations contained in said accusation, his rights to reconsideration, appeal, his rights to subpoena witnesses, his rights to confront and cross-examine witnesses g against him, and any and all other rights which may be accorded to 10 him pursuant to the California Administrative Procedure Act and the Code of Civil Procedure. 1. Respondent hereby freely and voluntarily waives his 1 rights to a hearing, reconsideration, appeal, to subpoena 1 witnesses, to confront and cross-examine witnesses against him, 1 and any and all other rights which may be accorded to him by the 1 California Administrative Procedure Act and the Code of Civil 1 Procedure with regard to said accusation number D- on file 1 with the division. 1. At the time of filing accusation number D-, 0 Robert G. Rowland was the executive director of the Board of 1 Medical Quality Assurance and filed said accusation solely in his official capacity.. On or about July 1,, Frank Mosler, M.D. was issued physician's and surgeon's certificate No. A-1 by the board. Said certificate is currently in good standing. I.

4 1. Respondent admits the allegations of subparagraphs A and B of paragraph of the accusation and admits that said conduct constituted unprofessional conduct pursuant to then section 1. of the Business and Professions Code.. Pursuant to the foregoing stipulations, admissions and recitals, the division shall issue the following order: Physician's and surgeon's certificate number A-1, heretofore issued to respondent Frank Mosler, M.D., is hereby revoked. Said revocation shall be stayed and 10 respondent shall be placed on probation for five ( years on the following terms and conditions: 1 A. Respondent shall, during each year of 1 probation, undertake 0 hours of approved 1 Category I, Continuing Medical Education, in 1 addition to the Continuing Medical Education 1 Requirements for licensure. 1 B. Respondent shall obey all federal, 1 state and local laws and all rules governing 1 the practice of medicine in California. 0 C. Respondent shall submit quarterly 1 declarations under penalty of perjury on forms provided by the division, stating whether there has been compliance with all the conditions of probation. D. Respondent shall comply with the division's probation surveillance program. I.

5 E. Respondent shall appear in person for interviews with the division's medical consultant upon request at various intervals and with reasonable notice. F. In the event respondent should leave California to reside or practice outside the state, respondent must notify the division in writing of the dates of departure and return. Periods of residence or practice outside California will not apply to the reduction of this probationary period. G. If respondent violates probation in any respect, the division, after giving respondent notice and the opportunity to be heard, may set aside the stay order and impose the suspension of respondent's certificate. H. Upon successful completion of probation, respondent's certificate will be fully restored. 10. Should the division, for any reason, fail to adopt 0 the within stipulation it shall be of no force or effect as to 1 any party. I I I I I 1 I.

6 1 Dated: Oc,t-D ~~I \. I GEORGE DEUKMEJIAN Attorney General By: c. ;> ~, J._ ::TY\'-"'-c._,.. - WILLIAM L. MARCUS Deputy Attorney General Attorneys for Complainant 10 Dated: Dee. I ~I tc(f/ I L WIN, Esq. Attorney or Respondent 1 ACKNOWLEDGMENT 1 I understand the above stipulation and the effect it 1 will have on my physician's and surgeon's certificate Dated : } -/ rt, } $ / ~1'---+-"--'J'---"'---'~ VLM:mpe MAR oslerl-.

7 BEFORE THE DIVISION OF MEDICAL QUALITY BOARD OF MEDICAL QUALITY ASSURANCE DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the ~atter of the Accusation Against: Frank J. :vlosler, ~.D. Certificate # A-lq Resoondent. ~~~~~~~~~~~~~~~~~~~ D-1 DECISION The attached Stipulation is hereby adopted by the Division of Medical Quality of the Board of Medical Quality Assurance as its Decision in the above-entitled matter. This Decision shall become effective on September, 1 IT IS SO ORDERED ~~~A~u~g~u~s~t_:_i,~1~~~"--~~~~~ DIVISION OF MEDICAL QUALITY BOARD OF MEDICAL QUALITY ASSURANCE THERESA CLAASSEN, Secretary-Treasurer

8 I JOHN K. VAN DE KAMP, At::orne:r General of the State of Califo;nia WILLIAM L. MARCUS Deputy Attorney General 0 Wilshire Boulevard Los Angeles, California 0010 Telephone: (1-0 Attorneys for Complainant IO BEFORE THE DIVISION OF MEDICAL QUALITY BOARD OF MEDICAL QUALITY ASSURANCE STATE OF CALIFORNIA In the Matter of the Accusation Against: FRANK J. MOSLER, M.D. 1 1 Gilmore Street Van Nuys, California 1 Physician's and surgeon's 1 Certificate No. A-1 1 Respondent. 1 ~~~~~~~~~~~~~~~~~~~> 1 No. D-1 STIPULATION FOR SETTLEMENT 1 IT IS HEREBY STIPULATED by and between respondent 1 Frank J. Mosler, M.D., who is represented by the law firm 0 of Lewin and Levin, by and through Henry Lewin, Esq., and 1 complainant Kenneth J. Wagstaff, who is represented by Attorney General John K. Van De Kamp, by and through William L. Marcus, Deputy Attorney General, as follows: 1. ALL admissions, stipulations and recitals contained in this stipulation for settlement are made solely for the purpose of settlement of Case No. D-1 and for no other purpose. -1-

9 I. There are pending in Case No. D-1 an accusation and petition to revoke probation and a first amended and supplemental accusation and petition to revoke probation.. The respondent in Case No. D-1, Frank J. Mosler, M.D. (hereinafter "respondent" has retained Henry Lewin, Esq. of the law firm of Lewin and Levin to represent him in this matter. 10. Respondent has read the accusation and petition 1 to revoke probation and first amended and supplemental 1 accusation and petition to revoke probation in Case No. D- 1 1, has fully discussed them with Henry Lewin, Esq. and 1 has been fully apprised of his rights in regard to the 1 charges in Case No. D-1 and the meaning and effect of 1 this Stipulation for Settlement Respondent fully understands and freely, 0 intelligently, knowingly and voluntarily waives his right 1 to a hearing on the charges in Case No. D-1, including his right to confront and cross-examine witnesses against him, to present evidence in his own behalf, to appeal any adverse decision and any and all other rights under the Administrative Procedure Act and Code of Civil Procedures.. Respondent admits for the purpose of this stipulation only and for no other purpose, that the --

10 I following facts may be deemed to be true and correct: A. Kenneth J. Wagstaff filed the charges in Case No. D-1, solely in his official capacity as Executive Director of the Board of Medical Quality Assurance. IO B. c. D. E. On or about July 1,, respondert was issued a physician's and surgeon's certificate No. A-1 by the Board. On or about April 1, 1, respondent was disciplined in Case No. D-; a true and correct copy of the decision in Case D- is attached hereto as Annex "A" and incorporated by reference herein. Patient M.K. On or about November 1, 1, respondent first saw and treated patient M.K., a year old female, who came to respondent with an ulcerated toe on her right foot, seeking an alternative to recommend surgery. Respondent diagnosed M.K.'s foot as being in the early stages of gangrene. Respondent treated M.K. until about January, --

11 '',, I 1, by repeatedly administering, or directing the administration of chelation therapy and DMSO by injection. F. On or about January, 1, M.K. was hospitalized by another physician for emergency amputation. While under the care of the other physician, M.K. suffered a preoperative cardiopulmonary arrest, but was revived. M.K.'s 10 1 foot was amputated on January, 1 but her condition deteriorated, and she died on January 1, Patient E.L G. H. On or about May, 1, respondent first saw and treated patient E.L., a year old male, with a history of intermittent angina and a cardiac bypass in 1. Respondent diagnosed atherosclerosis. Between May, 1, and July 1, 1, respondent treated E.L. for atherosclerosis and angina by administering or directing the administration of chelation therapy and DMSO by injection on at least 1 occasions.

12 1 IO 1 1 H 1 1 I. J. Between September, 1.and October, 1, respondent further treated E.L. for atherosclerosis and angina by administering or directing the administration of chelation therapy and DMSO by injection on at least occasions. ORDER Between November 1, 1, and January, 1, respondent administered chelation therapy to M.K., by and through individuals who were not licensed or otherwise authorized by law to practice medicine, including the administration of intravenous therapy. 1 1 K. Respondent repeatedly authorized said individuals to administer chelation therapy while respondent 1 was on vacation and without any physician on the 0 premises. 1. Respondent stipulates that, for purposes of this proceeding only, the conduct set out at paragraphs C-F and G-I of this stipulation constitutes gross negligence, in violation of Business and Professions Code section (b, and respondent stipulates that the conduct set out at paragraph J and K of this stipulation constitutes a violation of Business and Professions Code section. -:i-

13 1. Based on the foregoing stipulations, admissions and recitals, respondent stipulates for purposes of this proceeding only, that there is a basis for discipline of respondent's license for violation of Business and Professions Code sections (b and.. Based on the foregoing stipulations, admissions and recitals, the following discipline is imposed on respondent: 10 Physician's and surgeon's certificate No. A-1, heretofore issued to Frank J. Mosler, M.D., is revoked, 1 provided said revocation is stayed and respondent's 1 certificate is placed on probation for a period of three 1 years, from the effective date of this decision, on the 1 following terms and conditions: A. B. Respondent shall make no use of D.M.S.O. in his medical practice. Within months of the effective date of this decision, respondent shall take and pass an oral clinical examination, in general medicine with an emphasis on family practice cardiology, to be administered by the Division or its designee. If respondent fails this examination, respondent must take and pass a re-examination consisting of a written as well as an oral clinical examination.

14 1 The waiting period bet~een repeat examinations shall c. be at three month intervals until success is achieved. The Division shall pay the cost of the first examination and respondent shall pay the cost of any subsequent re-examinations. If respondent fails the first examination, respondent shall cease the practice of medicine until the re-examination has been successfully passed, and evidenced by written notice to respondent from the Division. Within 0 days of the effective date of this decision, and on an annual basis thereafter, respondent shall submit to the Division for its prior approval an educational program or course related to general medicine, emphasizing medical therapeutics, which shall not be less than 0 1 hours per year, for each year of probation. This program shall be in addition to the Continuing Medical Education requirements for re-licensure. Following the completion of each course, the Division or its designee may administer an examination to test respondent's knowledge of the course. Respondent shall provide proof of attendance for hours of continuing medical education of which 0 hours were in satisfaction of this condition and were approved in advance by the Division..

15 1 D. Respondent may engage in the solo practice of medicine, provided his charts are reviewed weekly by a physician and surgeon. Respondent shall notify the Board, in writing, within thirty days of the effective date of this decision of the names and license numbers of the reviewers. Respondent shall notify the Board of any change in reviewers at the time of each quarterly report E. F. G. H. I. Respondent shall obey all federal, state and local laws, and all rules governing the practice of medicine in California. Respondent shall submit quarterly declarations under penalty of perjury on forms provided by the Division, stating whether there has been compliance with all the conditions of probation. Respondent shall comply with the Division's probation surveillance program. Respondent shall appear in person for interviews with the Division's medical consultant upon request at various intervals and with reasonable notice. In the event respondent should leave California to

16 1 reside or to practice outside the State, respondent must notify the Division in writing of the dates of departure and return. Periods of residency or practice outside California will not apply to the reduction of this probationary period J. K. Upon successful completion of probation, respondent's certificate will be fully restored. If respondent violates probation in any respect, the Division, after giving respondent notice and the opportunity to be heard, may revoke probation and carry out the disciplinary order that was stayed. If an accusation or petition to revoke probation is filed against resvondent during probation, the Division shall have continuing jurisdiction until the matter is final, and the period of probation shall be extended until the matter is final Should the Division, for any reason, fail to adopt this 1 stipulation for settlement, it shall be of no force or effect as to either party. ACKNOWLEDGEMENT I, Frank J. Mosler, M.D., have fully reviewed the above stipulation and have discussed it with my attorney-of-record,

17 1 Henry I:ewin, Es,q. I fully understand 'the effect the stipulation will have on my license to practice medicine, and I enter unto the stipulation freely, intelligently, knowingly and voluntarily. ~~~~ Respondent LEWIN & LEVIN By: IN for Respondent JOHN K. VAN DE KAMP Attorney General By: c. <;:R -~~--- WILLIAM L. MARCUS Deputy Attorney General Attorneys for Complainant 10.