1 2 3 4 5 6 7 XAVIER BECERRA Attorney General of California MATTHEW M. DA VIS Supervising Deputy Attorney General JASON J. AHN. Deputy Attorney General State Bar No. 253172 600 WestBroadway, Suite 1800 San Diego, CA 92101 P.O. Box 85266 San Diego, CA 92186-5266 Telephone: (619) 738-9433 Facsimile: (619) 645-2061 8 Attorneys for Complainant FILED STATE OF CALIFORNIA MEDICAL BOARD OF CALIFORNIA SACRAMENTO Dec, I~ 20..11 BYt:an\ra~ on ANALYST 9 10 11 12 BEFORE THE. MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA 13 In the Matter of th.e Accusation Against: 14 John Peter Serra, M.D. Department of Emergency Medicine 15 200 W. Arbor Drive San Diego, CA 92103 16 Physician's and Surgeon's Certificate 17 No. A 108846, Case No. 8002017035177 ACCUSATION 18 Respondent. 19 20 Complainant alleges: 21 PARTIES 22 1. Kimberly Kirchmeyer (Complainant) brings this Accusation solely in her official 23 capacity as the Executive Director of the Medical Board of California, Department of Consumer 24 Affairs (Board). 25 2. On or about July 8, 2009, the Medical Board issued Physician's and Surgeon's 26 Certificate Number A 108846 to John Peter Serra, M.D. (Respondent). The Physician's and 27 Surgeon's Certificate was in full force and effect at all times relevant to the charges brought 28 herein and will expire on February 28, 2019, unless renewed. 1
1 2 3. 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. 4 4. Section 2227 of the 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, be publicly 7 reprimanded, or have such other action taken in relation to discipline as the Board deems proper. 8 9 10 11 12 13 14 15 5. Section 2234 of the Code states, in pertinent part: "The board shall take action against any licensee who is charged with unprofessional.conduct. 1 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. " " 6. Section2236 of the Code states: 16 "(a) The conviction of any offense substantially related to the qualifications, functions, or 17 duties of a physician and surgeon constitutes unprofessional conduct within the meaning of this 18 chapter [Chapter 5, the Medical Practice Act]. The record of conviction shall be conclusive 19 evidence only of the fact that the conviction occurred. 20 "(b) The district attorney, city attorney, or other prosecuting agency/shall notify the 21 Medical Board of the pendency of an action against a licensee charging a felony or misdemeanor 22 immediately upon obtaining information that the defendant is a licensee. The notice shall identify 23 the licensee and describe the crimes charged and the facts alleged. The prosecuting agency shall 24 also notify the clerk of the court in which the action is pending that the defendant is a licensee, 25 26 27 28 1 Unprofessional conduct under California Business and Professions Code section 2234 is conduct which breaches the rules of ethical code of the medical profession, or conduct which is unbecoming to a member in good standing of the medical profession, and which demonstrates an unfitness to practice medicine. (Shea v. Board of Medical Examiners (1978) 81Cal.App.3d564, 575.) 2
1 and the clerk shall record prominently in the file that the defendant holds a license as a physician 2 and surgeon. 3 "( c) The clerk of the court in which a licensee is convicted of a crime shall, within 48 hours 4 after the conviction, transmit a certified copy of the record of convicti.on to the board. The 5 division may inquire into the circumstances surrounding the commission of a crime in order to fix 6 the degree of discipline or to determine if the conviction is of an offense substantially related to '. 7 the qualifications, functions, or duties of a physician and surgeon. 8 "( d) A plea or verdict of guilty or a conviction after a plea of nolo contendere is deemed to 9 be a conviction within the meaning of this section and Section 2236.1. The record of conviction 1 O shall be conclusive evidence of the fact that the conviction occurred." 11 7. California Code of Regulations, title 16, section 1360, states: 12 "For the purposes of denial, suspension or revocation of a license, certificate or permit 13 pursuant to Division 1.5 (commencing with Section 475) of the code, a crime or act shall be 14 considered to be substantially related to the qualifications, functions or duties of a person holding 15 a license, certificate or permit under the Medical Practice Act if to a substantial degree it 16 evidences present or potential unfitness of a person holding a license, certificate or permit to 17 perform the functions authorized by the license, certificate.or permit in a manner consistent with 18 the public health, safety or welfare. Such crimes or acts shall include but not be limited to the 19 following: Violating or att~mpting to violate, directly or indirectly, or assisting in or abetting the 20 violation of, or conspiring to violate any provision of the Medical Practice Act." 21 I I I 22 I I I 23 I I I 24 I I I 25 I I I 26 I II 27 II I. 28 I I I 3
1 2 3 4 5 6 7 8 9 10 H 12 13 14 8. Section 822 of the Code states: "If a licensing agency determines that its licentiate's ability to practice his or her profession safely is impaired because the licentiate is mentally ill, or physically ill 'affecting ~ompetency, the licensing agency may take action by any one of the following methods: "(a) Revoking the licentiate's certificate or license. "(b) Suspending the licentiate's right to practice. "(c) Placing the licentiate on probation. "( d) Taking such other action in relation to the licentiate as the licensing agency in its discretion deems proper. " " FIRST CAUSE FOR DISCIPLINE (Conviction ofa Crime Substantially related to the Qualifications, Functions, or Duties of a Physician and Surgeon) 15 9. Respondent has subjected his Physician's and Surgeon's Certificate No. A108846 to 16 disciplinary action under sections 2227 and 2234, as defined by section 2236, of the Code, in that 17 he has been convicted of a crime substantially related to the qualifications, functions, or duties of 18 a physician and surgeon. The circumstances are as follows: 19 10. On or about August 1, 2017, a criminal complaint was filed against 20 respondent in the case entitled The People of the State of California v. John Peter Serra, Superior 21 Court of California, County of San Diego, Case No. CD272994, charging Respondent with the 22 following three feloriy violations: 23 (a) One count of Penal Code section 273a, subdivision (a), [Child Abuse]; 24 (b) One count of Penal Code sections 237, subdivision (a), [False Imprisonment by 25 Violence, Menace, Fraud, Deceit]; and 26 (c) One count of Penal Code sections 664 and 422 [Attempted Criminll;l Threat]. 27 11. On or about October 18, 2017, Defendant pied guilty to count three, a violation of 28 Penal Code sections 664 and 422, Attempted Criminal Threat, a felony. 4
1 12. On or about November 20, 2017, Respondent was sentenced to, among other 2 things, three years of probation, various restrictions on his ability to practice medicine, and 3 fines and fees. 4 SECOND CAUSE FOR DISCIPLINE 5 (Violation of the Medical Practice Act) 6 13. Respondent has further subjected his Physician's and Surgeon's Certificate No. 7 Al 08846 to disciplinary.action under sections 2227 and 2234, as defined by section 2234, 8 subdivision (a), of the Code, in that he has vio~ated or attempted to violate, directly or indirectly, 9 or assisted in or abetted the violation of, or conspired to violate a provision of the Medical Practices 1 O Act, as more particularly alleged hereinafter: 11 (a) Paragraphs 9 through 12, above, are hereby incorporated by reference and 12 realleged as if fully set forth herein. 13 THIRD CAUSE FOR DISCIPLINE 14 (General Unprofessional Conduct) 15 14. Respondent has further subjected his Physician's and Surgeon's Certificate N9. 16 Al 08846 to disciplinary action under sections 2227 and 2234, as defined by section 2234 of the 17 Code, in that he has engaged in conduct which breaches the rules or ethical code of the medical 18. profession, or conduct which is unbecoming to a member in good standing of the medical 19 profession and which demonstrates an unfitness to practice medicine, as more particularly alleged 20 hereinafter: 21 (a) Paragraphs 9 through 13, above, are hereby incorporated by reference and 22 realleged as if fully set forth herein. 23 I I I 24 I I I 25 I I I 26 I I I 27 I I I 28 I I I 5
1 II I 2 SECTION 822 CAUSE FOR ACTION 3 (Physical or Mental Illness Affecting Competency) 4 15. Respondent's Physician's and Surgeon's Certificate No. Al08846 is subject to action 5 under section 822 of the Code in that he suffers from a mental and/or physical illness affecting 6 competency as more particularly alleged hereinafter:. 7 16. On or about October 9, 2017, Respondent voluntarily appeared for a mental 8 evaluation, pursuant to section 820 of the Code, with Dr. A.A. On or about October 27, 2017, Dr. 9 A.A. issued his section 820 report and found that Respondent suffers from a mental illness or 1 O. condition that impact his ability to safely engage in the practice of medicine. 11 PRAYER 12 WHEREFORE, Complainantrequests that a hearing be held on the matters herein alleged, 13 and that following the hearing, the Medical Board of California issue a decision: 14 1. Revoking or suspending Physician's and Surgeon's Certificate Number A 108846, 15 issued to John Peter.Serra, M.D.; 16 2. Revoking, suspending or denying approval of John Peter Serra, M.D.'s authority to 17 supervise physician assistants and advanced practice nurses; 18 3. Ordering John Peter Serra, M.D., if placed on probation, to pay the Board the costs of 19 probation monitoring; and 20 4. Taking such other and further action as deemed necessary and proper. 21 22 DATED:-December 12, 2017 23 Executive Di ctor Medical Board of California 24. Department of Consumer Affairs State of California 25 Complainant 26 27 28 6 ACCUSATIONNO. 800201703517