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Cheryl Ruggiero (SBN 146885)
KONELL RUGGIERO LLP San Francisco County Superior Court
401 Wilshire Blvd., 12" Floor
Santa Monica; CA 90401 MAY 28 2019 if
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Phone 213-538-1360; Fax 213-599-3222
E-Mail: cheryl@konellruggiero.com
cu THE COURT |
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BY: OC : Deputy Cle
Attorneys for Petitioner RUTH A. RODGERS, M.D.
SUPERIOR COURT OF THE STATE OF CALIFORNIA “|
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FOR THE COUNTY OF SAN-FRANCISCO
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RUTH A. RODGERS, MD., CASE NO, CPF~19-516680
Plaintiff, DECLARATION OF CHERYL RUGGIERO
IN SUPPORT OF REQUEST FOR
vs. EMERGENCY INJUNCTIVE RELIEF
MEDICAL BOARD OF CALIFORNIA,
DEPARTMENT OF CONSUMER AFFAIRS;
and DOES 1 through 25,
Defendant.
I, CHERYL KONELL RUGGIERO, declare: -
1. Iam an attorney duly licensed to practice law in all state and federal courts in California,
and am a partner in the law firm of Konell Ruggiero LLP, attorneys of record for Petitioner Ruth
A. Rodgers, M.D. I have personal knowledge of the facts contained herein and, if requested, could
and would testify to such facts.
2. Notice of this ex parte application was given to Kimberly Kirchmeyer, Jennifer
Saucedo and Sara Pasion of the Medical Board of California via email on May 22, 2019 at
4:00 p.m. and again at 4:21 p.m. (changing the date and department from May 24, 2019 at
11:00 a.m. in Department 206 to May 28, 2019 at 11:00 a.m. in Department 302, per the
Court Calendar Clerk). Jennifer Saucedo confirmed receipt of the first email notice.
Kirchmeyer, Saucedo and Pasion also were provided a reminder email with the ex parte
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DECLARATION OF CHERYL RUGGIEROoO ON DH KR WN
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information — May 28, 2019 at 11:00 a.m. in Department 302 — on May 23, 2019 at 10:37 a.m.,
along with a request for confirmation of receipt and, in addition, whether a Deputy Attorney
General will be appearing at the hearing. On May 23, 2019 at 11:09 a.m., Deputy Attorney
General David Carr sent an email to Dr. Rodgers' counsel stating that he would be the
attorney representing the Medical Board and that he was confirming the "ex parte motion
for stay of the Cease Practice Order, 11:00 a.m., Tuesday May 28, San Francisco Superior,
Dept. 302."
3. On May 21, 2019, I requested, via email and telephone, that the Board reconsider its
decision and that it lift the Cease Practice Order, to no avail. I spoke with Jennifer Saucedo,
Probation Analyst, who sent me an email message after our telephone conversation reiterating the
language of the Board's Decision and Order without further comment.
4. A true and correct copy of the Medical Board's Decision and Order of March 2015 is
attached hereto as Exhibit A.
5. A true and correct copy of the Petition for Penalty Relief (for Early Termination) is
attached hereto as Exhibit B, without all attachments thereto.
6. A true and correct copy of Dr. Smith's Declaration of June 28, 2018 is attached hereto as _.
Exhibit C.
7. A true and correct copy of Dr. Kan's Declaration of June 26, 2018 is attached hereto as
Exhibit D.
8. A true and correct copy of the Cease Practice Order of May 20, 2019 is attached hereto as
Exhibit E.
9. A true and correct copy of Dr. Smith's Declaration of September 30, 2014 is attached
hereto as Exhibit F.
10. A true and correct copy of the ALJ's decision regarding Dr. Rodgers' Petition for Penalty
Relief to Modify Probation is attached hereto as Exhibit G.
11. A true and correct copy of the Writ of Mandate and Complaint for Injunctive Relief and
Damages is attached hereto as Exhibit H; that Writ is being filed concurrently with this Ex Parte
Application.
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DECLARATION OF CHERYL RUGGIEROwv
12. A true and correct copy of Dr. Skipper's Discharge Summary is attached hereto as
Exhibit I.
13. A true and correct copy of Dr. Batki's assessment is attached hereto as Exhibit J.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
Executed this 23rd day of May 2019, at Bolinas, Marin County, California,
CHU LgQeano
CHERYL RUGGI
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DECLARATION OF CHERYL RUGGIEROEXHIBIT "AYBEFORE THE
MEDICAL BOARD OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS
STATE OF CALIFORNIA
In the Matter of the Accusation Against: )
)
)
Ruth Anna Rodgers, M.D. y Case No. 8002014007009
)
Physician's and Surgeon's )
Certificate No. A 80909 )
)
Respondent )
)
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 5:00 p.m. on March 19, 2015.
IT IS SO ORDERED: February 17, 2015.
MEDICAL BOARD OF CALIFORNIA
Des Greely 1
Dev Gnanadev, M.D., Chair
Panel BKAMALA D. Harris
Attorney General of California
JosE R. GUERRERO
Supervising Deputy Attorney General
EMILY L. BRINKMAN
Deputy Attorney General
State Bar No. 219400
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: (415) 703-5742
Facsimile: (415) 703-5843
E-mail: Emily.Brinkman@doj.ca.gov
Attorneys for Complainant
BEFORE THE
MEDICAL BOARD OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS
STATE OF CALIFORNIA
In the Matter of the Accusation Against: Case No. 800-2014-007009
RUTH ANNA RODGERS, M.D. OAH No. 2014090822
7 Lupine Drive STIPULATED SETTLEMENT AND
Corte Madera, CA 94925 DISCIPLINARY ORDER
Physician's and Surgeon's Certificate
No. A80909
Respondent.
IT IS HEREBY STIPULATED AND AGREED by and between the parties to the above-
entitled proceedings that the following matters are true:
PARTIES
1. Kimberly Kirchmeyer ("Complainant") is the Executive Director of the Medical
Board of California. She brought this action solely in her official capacity and is represented in
this matter by Kamala D. Harris, Attorney General of the State of California, by Emily L.
Brinkman, Deputy Attorney General.
2. Respondent Ruth Anna Rodgers, M.D. (""Respondent') is represented in this
proceeding by attorney Denis S. Kenny, whose address is: Scherer, Smith, & Kenny LLP, 140
Geary Street, Seventh Floor, San Francisco, CA 94108.
1
OMT ATEN CETTH OMONIT (NN IATA NATANOY3. Onor about October 25, 2002, the Medical Board of California issued Physician’s
and Surgeon’s Certificate No. A80909 to Ruth Anna Rodgers, M.D. (Respondent). An
Administrative Law Judge of the Medical Quality Hearing Panel issued an Interim Suspension
Order on October 13, 2014, suspending Respondent’s Physician’s and Surgeon’s Certificate
pending a final decision by the Medical Board in this disciplinary matter.
JURISDICTION
4. Accusation No. 800-2014-007009 was filed before the Medical Board of California
(Board) , Department of Consumer Affairs, and is currently pending against Respondent. The
Accusation and all other statutorily required documents were properly served on Respondent on
November 12, 2014. Respondent timely filed her Notice of Defense contesting the Accusation.
5. Acopy of Accusation No. 800-2014-007009 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. 800-2014-007009. 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 her 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
her own expense; the right to confront and cross-examine the witnesses against her; the right to
present evidence and to testify on her 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.
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9. Respondent admits the truth of each and every charge and allegation in Accusation
No. 800-2014-007009.
CULPABILITY
10. Respondent agrees that her Physician’s and Surgeon’s Certificate is subject to
discipline and she agrees to be bound by the Board's probationary terms as set forth in the |
Disciplinary Order below.
CONTINGENCY
11. 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 her counsel. By signing the
stipulation, Respondent understands and agrees that she may not withdraw her agreement of 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
Order shall be of no force or effect, except for this paragraph, it shall be inadmissible in any’ legal
action between the parties, and the Board shall not be disqualified from further action by having
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considered this matter.
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12. The parties understand and agree that Portable Document Format (PDF) and facsimile}
copies of this Stipulated Settlement and Disciplinary Order, including Portable Document Format
(PDF) and facsimile signatures thereto, shall have the same force and effect as the originals.
13. In consideration of the foregoing admissions and stipulations, the parties agree that
the Board may, without further notice or formal proceeding, issue and enter the following :
Disciplinary Order: .
DISCIPLINARY ORDER
IT IS HEREBY ORDERED that Physician’s and Surgeon’s Certificate No. A80909 issued
to Respondent Ruth Anna Rodgers, M.D. (Respondent) is revoked. However, the revocation is
stayed and Respondent is placed on probation for five (5) years on the following terms and
conditions.
CTIDIT. ATEN CE TTY EMENT (200.701 4-0N70N0V1. CONTROLLED SUBSTANCES - SURRENDER OF DEA PERMIT. Respondent is
prohibited from practicing medicine until Respondent provides documentary proof to the Board
or its designee that Respondent’s DEA permit has been surrendered to the Drug Enforcement
Administration for cancellation, together with any state prescription forms and all controlled
substances order forms. Thereafter, Respondent shall not reapply for a new DEA permit without
the prior written consent of the Board or its designee.
2. CONTROLLED SUBSTANCES- MAINTAIN RECORDS AND ACCESS TO
RECORDS AND INVENTORIES. Respondent shall maintain a record of all controlled
substances ordered, prescribed, dispensed, administered, or possessed by Respondent, and any
recommendation or approval which enables a patient or patient’s primary caregiver to possess or
cultivate marijuana for the personal medical purposes of the patient within the meaning of Health
and Safety Code section 11362.5, during probation, showing all the following: 1) the name and
address of patient; 2) the date; 3) the character and quantity of controlled substances involved;
and 4) the indications and diagnosis for which the controlled substances were furnished.
Respondent shall keep these records in a separate file or ledger, in chronological order. All
records and any inventories of controlled substances shall be available for immediate inspection
and copying on the premises by the Board or its designee at all times during business hours and
shall be retained for the entire term of probation.
3. CONTROLLED SUBSTANCES - ABSTAIN FROM USE. Respondent shall abstain
completely from the personal use or possession of controlled substances as defined in the
California Uniform Controlled Substances Act, dangerous drugs as defined by Business and
Professions Code section 4022, and any drugs requiring a prescription. This prohibition does not
apply to medications lawfully prescribed to Respondent by another practitioner for a bona fide
illness or condition.
Within 15 calendar days of receiving any lawfully prescribed medications, Respondent
shall notify the Board or its designee of the: issuing practitioner’s name, address, and telephone
number; medication name, strength, and quantity; and issuing pharmacy name, address, and
telephone number.
ORIN ATT ON TT PAAENIT (00 214 ANTANDYIf Respondent has a confirmed positive biological fluid test for any substance (whether or
not legally prescribed) and has not reported the use to the Board or its designee, Respondent
shall receive a notification from the Board or its designee to immediately cease the practice of
medicine. The Respondent shall not resume the practice of medicine until final decision on an
accusation and/or a petition to revoke probation. An accusation and/or petition to revoke
probation shall be filed by the Board within 15 days of the notification to cease practice. If the
Respondent requests a hearing on the accusation and/or petition to revoke probation, the Board
shall provide the Respondent with a hearing within 30 days of the request, unless the Respondent
stipulates to a later hearing. A decision shall be received from the Administrative Law Judge or
the Board within 15 days unless good cause can be shown for the delay. The cessation of practice
shall not apply to the reduction of the probationary time period.
If the Board does not file an accusation or petition to revoke probation within 15 days of the
issuance of the notification to cease practice or does not provide Respondent with a hearing |
within 30 days of a such a request, the notification of cease practice shall be dissolved.
4. ALCOHOL - ABSTAIN FROM USE. Respondent shall abstain completely from the
use of products or beverages containing alcohol.
If Respondent has a confirmed positive biological fluid test for alcohol, Respondent shall
receive a notification from the Board or its designee to immediately cease the practice of
medicine. The Respondent shall not resume the practice of medicine until final decision on an
accusation and/or a petition to revoke probation. An accusation and/or petition to revoke
probation shall be filed by the Board within 15 days of the notification to cease practice. Ifthe
Respondent requests a hearing on the accusation and/or petition to revoke probation, the Board
shall provide the Respondent with a hearing within 30 days of the request, unless the Respondent
stipulates to a later hearing. A decision shall be received from the Administrative Law Judge or
the Board within 15 days unless good cause can be shown for the delay. The cessation of practice
shall not apply to the reduction of the probationary time period.
If the Board does not file an accusation or petition to revoke probation within 15 days of the
issuance of the notification to cease practice or does not provide Respondent with a hearing.
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within 30 days of a such a request, the notification of cease practice shall be dissolved.
5. ' BIOLOGICAL FLUID TESTING. Respondent shall immediately submit to
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biological fluid testing, at Respondent's expense, upon request of the Board or its designee.
“Biological fluid testing” may include, but is not limited to, urine, blood, breathalyzer, hair
follicle testing, or similar drug screening approved by the Board or its designee. Priorto ,
practicing medicine, Respondent shall contract with a laboratory or service approved in advance
by the Board or its designee that will conduct random, unannounced, observed, biological fluid
testing. The contract shall require results of the tests to be transmitted by the laboratory or
service directly to the Board or its designee within four hours of the results becoming available.
Respondent shall maintain this laboratory or service contract during the period of probation,
A certified copy of any laboratory test result may be received in evidence in any \
proceedings between the Board and Respondent.
If Respondent fails to cooperate in a random biological fluid testing program within the
specified time frame, Respondent shall receive a notification from the Board or its designee 'to
immediately cease the practice of medicine. The Respondent shall not resume the practice of
medicine until final decision on an accusation and/or a petition to revoke probation. An
accusation and/or petition to revoke probation shall be filed by the Board within 15 days of the
notification to cease practice. If the Respondent requests a hearing on the accusation and/or
petition to revoke probation, the Board shall provide the Respondent with a hearing within 30
days of the request, unless the Respondent stipulates to a later hearing. A decision shall be :
received from the Administrative Law Judge or the Board within 15 days unless good cause can
be shown for the delay. The cessation of practice shall not apply to the reduction of the
probationary time period.
If the Board does not file an accusation or petition to revoke probation within 15 daystof the
issuance of the notification to cease practice or does not provide Respondent with a hearing
within 30 days of a such a request, the notification of cease practice shall be dissolved.
6. PROFESSIONALISM PROGRAM (ETHICS COURSE). Within 60 calendar days of |
the effective date of this Decision, Respondent shall enroll in a professionalism program, that
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OTIDITT ATEN CETTI EMENT (210.014.7000))
meets the requirements of Title 16, California Code of Regulations (CCR) section 1358. !
Respondent shall participate in and successfully complete that program. Respondent shall |
provide any information and documents that the program may deem pertinent. Respondent shall
successfully complete the classroom component of the program not later than six (6) months after :
Respondent’s initial enrollment, and the longitudinal component of the program not later than the
time specified by the program, but no later than one (1) year after attending the classroom
component. The professionalism program shall be at Respondent’s expense and shall be in
addition to the Continuing Medical Education (CME) requirements for renewal of licensure,
A professionalism program taken after the acts that gave rise to the charges in the i
Accusation, but prior to the effective date of the Decision may, in the sole discretion of the Board
or its designee, be accepted towards the fulfillment of this condition if the program would have
been approved by the Board or its designee had the program been taken after the effective date of
this Decision.
Respondent shall submit a certification of successful completion to the Board or its i
designee not later than 15 calendar days after successfully completing the program or not later
than 15 calendar days after the effective date of the Decision, whichever is later.
7. PSYCHIATRIC EVALUATION. Within 30 calendar days of the effective date of
this Decision, and on whatever periodic basis thereafter may be required by the Board or its
designee, Respondent shall undergo and complete a psychiatric evaluation (and psychological
testing, if deemed necessary) by a Board-appointed board certified psychiatrist, who shall ‘
consider any information provided by the Board or designee and any other information the
psychiatrist deems relevant, and shall furnish a written evaluation report to the Board or its
designee. Psychiatric evaluations conducted prior to the effective date of the Decision shall, not
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be accepted towards the fulfillment of this requirement. Respondent shall pay the cost of all
psychiatric evaluations and psychological testing. :
Respondent shall comply with all restrictions or conditions recommended by the evaluating
psychiatrist within 15 calendar days after being notified by the Board or its designee.
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8. PSYCHOTHERAPY. Within 60 calendar days of the effective date of this Decision,
Respondent shall submit to the Board or its designee for prior approval the name and ‘
qualifications of a California-licensed board certified psychiatrist or a licensed psychologist who
has a doctoral degree in psychology and at least five years of postgraduate experience in the!
diagnosis and treatment of emotional and mental disorders. Upon approval, Respondent shall
undergo and continue psychotherapy treatment, including any modifications to the frequency of
psychotherapy, until the Board or its designee deems that no further psychotherapy is necessary.
The psychotherapist shall consider any information provided by the Board or its designee
and any other information the psychotherapist deems relevant and shall furnish a written
evaluation report to the Board or its designee. Respondent shall cooperate in providing the |
psychotherapist any information and documents that the psychotherapist may deem pertinent.
Respondent shall have the treating psychotherapist submit quarterly status reports to the
Board or its designee. The Board or its designee may require Respondent to undergo psychidtric
evaluations by a Board-appointed board certified psychiatrist. If, prior to the completion of,
probation, Respondent is found to be mentally unfit to resume the practice of medicine without
restrictions, the Board shall retain continuing jurisdiction over Respondent’s license and the!
period of probation shall be extended until the Board determines that Respondent is mentally fit
to resume the practice of medicine without restrictions.
Respondent shall pay the cost of all psychotherapy and psychiatric evaluations.
9. MONITORING - PRACTICE/BILLING. Within 30 calendar days of the effective
date of this Decision, Respondent shall submit to the Board or its designee for prior approval asa
practice monitor(s), the name and qualifications of one or more licensed physicians and surgeons
whose licenses are valid and in good standing, and who are preferably American Board of :
Medical Specialties (ABMS) certified. A monitor shall have no prior or current business or;
personal relationship with Respondent, or other relationship that could reasonably be expected to
compromise the ability of the monitor to render fair and unbiased reports to the Board, including
but not limited to any form of bartering, shall be in Respondent’s field of practice, and must agree
to serve as Respondent’s monitor. Respondent shal! pay all monitoring costs. :
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The Board or its designee shal! provide the approved monitor with copies of the Decision(s)
and Accusation(s), and a proposed monitoring plan. Within 15 calendar days of receipt of the
Decision(s), Accusation(s), and proposed monitoring plan, the monitor shall submit a signed
statement that the monitor has read the Decision(s) and Accusation(s), fully understands the role
of a monitor, and agrees or disagrees with the proposed monitoring plan. If the monitor disagrees
with the proposed monitoring plan, the monitor shall submit a revised monitoring plan with the
signed statement for approval by the Board or its designee.
Within 60 calendar days of the effective date of this Decision, and continuing throughout
probation, Respondents practice shall be monitored by the approved monitor. Respondent shall
make all records available for immediate inspection and copying on the premises by the monitor
at all times during business hours and shall retain the records for the entire term of probation.
If Respondent fails to obtain approval of a monitor within 60 calendar days of the effective
date of this Decision, Respondent shall receive a notification from the Board or its designee ito
cease the practice of medicine within three (3) calendar days after being so notified. Resporident
shall cease the practice of medicine until a monitor is approved to provide monitoring :
responsibility. |
The monitor(s) shall submit a quarterly written report to the Board or its designee wilh
includes an evaluation of Respondent’s performance, indicating whether Respondent’s practices
are within the standards of practice of practice, and whether Respondent is practicing medicine
safely, billing appropriately or both. It shall be the sole responsibility of Respondent to ensbre
that the monitor submits the quarterly written reports to the Board or its designee within 10
calendar days after the end of the preceding quarter.
If the monitor resigns or is no longer available, Respondent shall, within 5 calendar days of
such resignation or unavailability, submit to the Board or its designee, for prior approval, the
name and qualifications of a replacement monitor who will be assuming that responsibility within
15 calendar days. If Respondent fails to obtain approval of a replacement monitor within 60
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calendar days of the resignation or unavailability of the monitor, Respondent shall receive a
notification from the Board or its designee to cease the practice of medicine within three @)
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TINT ATER CUTTI EMENT fen 214 ANTANAYAYA HA WF WN
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calendar days after being so notified Respondent shall cease the practice of medicine until a
replacement monitor is approved and assumes monitoring responsibility.
In lieu of a monitor, Respondent may participate in a professional enhancement program
equivalent to the one offered by the Physician Assessment and Clinical Education Program at the
University of California, San Diego School of Medicine, that includes, at minimum, quarterly
chart review, semi-annual practice assessment, and semi-annual review of professional growth
and education. Respondent shall participate in the professional enhancement program at
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Respondent’s expense during the term of probation. i
10. SOLO PRACTICE PROHIBITION. Respondent is prohibited from engaging in the
solo practice of medicine. Prohibited solo practice includes, but is not limited to, a practice
where: 1) Respondent merely shares office space with another physician but is not affitiated, for
purposes of providing patient care, or 2) Respondent is the sole physician practitioner at that
location. |
If Respondent fails to establish a practice with another physician or secure employment in
an appropriate practice setting within 60 calendar days of the effective date of this Decision!
Respondent shall receive a notification from the Board or its designee to cease the practice of
medicine within three (3) calendar days after being so notified. The Respondent shall not sm
practice until an appropriate practice setting is established.
If, during the course of the probation, the Respondent’s practice setting changes and the
Respondent is no longer practicing in a setting in compliance with this Decision, the Resporident
shall notify the Board or its designee within 5 calendar days of the practice setting change. If
Respondent fails to establish a practice with another physician or secure employment in an ,
appropriate practice setting within 60 calendar days of the practice setting change, Respondent
shall receive a notification from the Board or its designee to cease the practice of medicine bithin
three (3) calendar days after being so notified. The Respondent shall not resume practice until an
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appropriate practice setting is established. |
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11. NOTIFICATION. Within seven (7) days of the effective date of this Decision, the
Respondent shall provide a true copy of this Decision and Accusation to the Chief of Staff or the
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OTIDI TE ATEN CETTT ENMENT (200.2014-ANTANDYio wm NW
Chief Executive Officer at every hospital where privileges or membership are extended to
Respondent, at any other facility where Respondent engages in the practice of medicine, |
including all physician and locum tenens registries or other similar agencies, and to the Chie}
Executive Officer at every insurance carrier which extends malpractice insurance coverage to
Respondent. Respondent shall submit proof of compliance to the Board or its designee within 15
calendar days. . i
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This condition shall apply to any change(s) in hospitals, other facilities or insurance carrier.
12, SUPERVISION OF PHYSICIAN ASSISTANTS. During probation, Respondent is
prohibited from supervising physician assistants.
13. OBEY ALL LAWS. Respondent shall obey all federal, state and local laws, all {ules
governing the practice of medicine in California and remain in full compliance with any cout
ordered criminal probation, payments, and other orders.
14. QUARTERLY DECLARATIONS. Respondent shall submit quarterly declarations
under penalty of perjury on forms provided by the Board, stating whether there has been \
compliance with all the conditions of probation.
Respondent shall submit quarterly declarations not later than 10 calendar days after the end
of the preceding quarter.
15. GENERAL PROBATION REQUIREMENTS.
Compliance with Probation Unit :
Respondent shall comply with the Board’s probation unit and all terms and conditions! of
this Decision.
Address Changes i
Respondent shall, at all times, keep the Board informed of Respondent’s business and|
residence addresses, email address (if available), and telephone number. Changes of such
addresses shall be immediately communicated in writing to the Board or its designee. Under no
circumstances shall a post office box serve as an address of record, except as allowed by Business
and Professions Code section 2021(b). '
Place of Practice
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Respondent shall not engage in the practice of medicine in Respondent’s or patient’s place
of residence, unless the patient resides in a skilled nursing facility or other similar licensed |
facility.
License Renewal
Respondent shall maintain a current and renewed California physician’s and surgeon’s
license. .
Travel or Residence Outside California
Respondent shall immediately inform the Board or its designee, in writing, of travel 19 any
areas outside the jurisdiction of California which lasts, or is contemplated to last, more than ‘thirty
(30) calendar days. !
{
In the event Respondent should leave the State of California to reside or to practice
Respondent shall notify the Board or its designee in writing 30 calendar days prior to the dates of
departure and return. !
16. INTERVIEW WITH THE BOARD OR ITS DESIGNEE. Respondent shall be
available in person upon request for interviews either at Respondent’s place of business or at the
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probation unit office, with or without prior notice throughout the term of probation.
17. NON-PRACTICE WHILE ON PROBATION. Respondent shall notify the Board or
its designee in writing within 15 calendar days of any periods of non-practice lasting more than
30 calendar days and within 15 calendar days of Respondent’s return to practice. Non-practice is
defined as any period of time Respondent is not practicing medicine in California as defined in
Business and Professions Code sections 2051 and 2052 for at least 40 hours in a calendar month
in direct patient care, clinical activity or teaching, or other activity as approved by the Board. All
time spent in an intensive training program which has been approved by the Board or its designee
shall not be considered non-practice. Practicing medicine in another state of the United States or
Federal jurisdiction while on probation with the medical licensing authority of that state or |
jurisdiction shall not be considered non-practice. A Board-ordered suspension of practice shall
not be considered as a period of non-practice.
In the event Respondent’s period of non-practice while on probation exceeds 18 calendar
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HORE Onrn FRAPPR Onn IATA AATANON |months, Respondent shall successfully complete a clinical training program that meets the criteria
of Condition 18 of the current version of the Board’s “Manual of Model Disciplinary Orders and
Disciplinary Guidelines” prior to resuming the practice of medicine.
Respondent’s period of non-practice while on probation shall not exceed two (2) years,
Periods of non-practice will not apply to the reduction of the probationary term.
Periods of non-practice will relieve Respondent of the responsibility to comply with the
probationary terms and conditions with the exception of this condition and the following terms
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and conditions of probation: Obey All Laws; and General Probation Requirements. :
18. COMPLETION OF PROBATION. Respondent shall comply with all financial i
obligations (e.g., restitution, probation costs) not later than 120 calendar days prior to the
completion of probation. Upon successful completion of probation, Respondent’s certificate shall
be fully restored.
19, VIOLATION OF PROBATION. Failure to fully comply with any term or condition
of probation is a violation of probation. If Respondent violates probation in any respect, thel
Board, 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,
or an Interim Suspension Order is filed against Respondent during probation, the Board shall have
continuing jurisdiction until the matter is final, and the period of probation shall be extended until
the matter is final.
i
t
i
1
20. LICENSE SURRENDER. Following the effective date of this Decision, if
Respondent ceases practicing due to retirement or health reasons or is otherwise unable to satisfy
the terms and conditions of probation, Respondent may request to surrender his or her license.
The Board reserves the right to evaluate Respondent’s request and to exercise its discretion in
determining whether or not to grant the request, or to take any other action deemed appropriate
and reasonable under the circumstances. Upon formal acceptance of the surrender, Respondent
shall within 15 calendar days deliver Respondent’s wallet and wall certificate to the Board or its
designee and Respondent shall no longer practice medicine. Respondent will no longer be subject
to the terms and conditions of probation. If Respondent re-applies for a medical license, the
13 |
STIDIN ATEN SETTI EFMENT (200-7014-NN70N9)application-shall be treated as a petition forreinstatement of a revoked certificate.
21. PROBATION MONITORING COSTS. Respondent shall pay the costs associated
with probation monitoring cach and every-year of probation, as designated by the Board, wtiich
may be adjusted on an annual basis. Such costs shall be payable to the Medical Board of
California and delivered:to the Board or its designee no liter thein January.31.of each calendar
year.
ACCEPTANCE |
Lhave carefully read the above Stipulated Settlement and Disciplinary Order and have fully ||
discussed it with my attorney, Denis s. Kenny, ‘Lunderstand the stipulation-and the effect it will |
have.on my Physician’s. and Surgeori’s Certificate. [enter into this Stipulated Settlement and
Disciplinary Order voluntarily, knowingly, and intelligently, and agree to bé bound by the
Decision and Order‘of the Medical Board of California.
RUTH ANNA 2 feds oT
Respondent:
Lhave réad and fillly discussed with Respondent Ruth Anna Rodgers, M.D. the tetins.and
conditions and other matters contained in the above Stipulated Settlement and Disciplinary Order.
Tapprove its form and content.
—_——_
DATED: fis f[ts ~s
Denis'S. Kenny
Attorney for Respondent
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STIPULATED SETTLEMENT (800-201 4-00709)
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The foregoing Stipulated Settlement and Disciplinary Order is hereby respectfully
submitted for consideration by the Medical Board of California.
Dated: i/20 [2016
SF2014410117
41174711.doc
ENDORSEMENT
Respectfully submitted,
KAMALA D. HARRIS '
Attorney General of California i
(GUERRERO '
Deputy Atforng :
Attorneysffor Complainant '
15Exhibit A
Accusation No. 800-2014-007009owe NA UF WN
10
FILED
KKAMALA D. HARRIS STATE OF CALIFORNIA |
Attorney General of California . MEDICAL BOARD OF CALIFORNIA;
JosE R. GUERRERO SACRAMENTOowunbber 220%
Supervising Deputy Attorney General BY_ UU. Cin deoss ANALYST
DAVID CARR
Deputy Attorney General
State Bar No. 131672
455 Golden Gate Avenue, Suite 11000 - :
San Francisco, CA 94102-7004 :
Telephone: (415) 703-5538
Facsimile: (415) 703-5480 : . ;
Attorneys for Complainant
BEFORE THE i
MEDICAL BOARD OF CALIFORNIA :
DEPARTMENT OF CONSUMER AFFAIRS ,
STATE OF CALIFORNIA {
In the Matter of the Accusation Against: Case No. 800-2014-007009 |
4
RUTH ANNA RODGERS, M.D. :
7 Lupine Drive ACCUSATION ;
Corte Madera, CA 94925 {
Physician's and Surgeon's Certificate
Respondent. ;
Complainant alleges:
PARTIES |
1, Kimberly Kirchmeyer (“Complainant”) brings this Accusation solely in her |
official capacity as the Executive Director of the Medical Board of California, Department of
Consumer Affairs, |
2. On or about October 25, 2002, the Medical Board of California issued Physician's
|
and Surgeon's Certificate Number A80909 to Ruth Anna Rodgers, M.D. (“Respondent”). Upon
Complainant’s petition brought pursuant to the provisions of Government Code section 11529,,
an administrative law judge of the Medical Quality Hearing Panel issued an interim suspension
!
}
!
order on October 13, 2014, suspending Respondent’s Physician’s and Surgeon’s certificate
pending a final decision by the Medical Board in this disciplinary proceeding.
1
Accusation 800-2014-00709JURISDICTION
3. This Accusation is brought before the Medical Board of California (“Board”),
Department of Consumer Affairs, under the authority of the following laws. All statutory
references are to the Business and Professions Code unless otherwise indicated.
4, Section 2227 af the Code states:
"(a) A licensee whose matter has been heard by an administrative law judge of the
(edical Quality Hearing Panel as designated in Section 11371 of the Government
Code, or whose default has been entered, and who is found guilty, or who has entered
into a stipulation for disciplinary action with the board, may, in accordance with the
provisions of this chapter:
(1) Have his or her license revoked upon order of the board.
(2) Have his or her right to practice suspended for a period not to exceed one year
upon order of the 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.
ard, :
"(5) Have any other action taken in relation to discipline as part of an order of
probation, as the board or an administrative law judge may deem proper.
*(b) Any matter heard pursuant to subdivision (a), except for warning letters, medical
review or advisory conferences, professional competency examinations, continuing
education activities, and cost reimbursement associated therewith that are agreed to
with the board and successfully completed by the licensee, or other matters made
confidential or privileged by existing law, is deemed public, and shall be made
available to the public by the board pursuant to Section 803.1."
5. Section 2234 of the Code, states:
"The board shal! take action against. any licensee who is charged with unprofessional
conduct. In addition to other provisions of this article, unprofessional conduct
inchudes, 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.
"(b) Gross negligence,
"(c) Repeated negligent acts, To be repeated, there must be two or more negligent
acts or-omissions, An initial negligent act or omission followed by a separate and
distinct departure from the applicable standard of care shall constitute repeated
negligent acts. : '
(1) An initial negligent diagnosis followed by an act or omission medically
2
Accusation Son 204-0070appropriate for that negligent diagnosis of the patient shall constitute a single
1 negligent act. |
2 "(2) When the standard of care requires a change in the diagnosis, act, or omission |
that constitutes the negligent act described in paragraph (1), including, but not limited |
3 to, a reevaluation of the diagnosis or a change in treatment, and the licensee's conduct |
departs from the applicable standard of care, each departure constitutes a separate and |
4 distinct breach of the standard of care. |
5 "(d) Incompetence,
6 "(e) The commission of any act involving dishonesty or corruption which is
substantially related to the qualifications, functions, or duties of a physician and
7 surgeon. .
8 "(B) Any action or conduct which would have warranted the denial of a certificate, :
i
9 “(g) The practice of medicine from this-state into another state or country without '
meeting the legal requirements of that state or country for the practice of medicine. :
10 Section 2314 shall not apply to this subdivision, This subdivision shall become
operative upon the implemeritation of the proposed registration program described in
11 Section 2052.5, ;
12 "(h) The repeated failure by a certificate holder, in the absence of good cause, to
attend and participate in an interview scheduled by the mutual agreement of the :
13 certificate holder and the board. This subdivision shall only apply to a certificate :
4 holder who is the subject of an investigation by the board." :
15 6. Section 2238 of the Code states: \
1
16 “A violation of any federal statute-or federal regulation or any of the statutes or :
regulations of this state regulating dangerous drugs or controlled substances
/ 17 |. constitutes unprofessional conduct,” :
18 7, Section 2239 of the Code states:
: 19 “(a) The use or prescribing for or administering to himself or herself, of any '
: controlled substance; or the use of any of the dangerous drugs specified in Section
! 20. 4022, or of alcoholic beverages, to the extent, or in such a manner as to be dangerous
: or injurious to the licensee, or to any other person or to the public, or to the extent that.
i ai such use impairs the ability of the licensee to practice medicine safely or more than !
| one misderneanor or any felony involving the use, consumption, or self ‘
22 administration of any of the substances referred to in this section, or any combination © |
thereof, constitutes unprofessional conduct. The record of the conviction is
23 conclusive evidence of such unprofessional conduct.
24 “(b) A plea o verdict of guilty or a conviction following a plea of nolo contendere is
deemed to be a conviction within the meaning of this section. The Division of :
25 Medical Quality may order discipline of the licensee in accordance with Section 2227 |
or the Division of Licensing may order the denial of the license when the time for |
26 appeal has elapsed or the judgment of conviction has been affirmed on appeal or
: when an order granting probation is made suspending imposition of sentence,
\ 27 irrespective of a subsequent order under the provisions of Section 1203.4 ofthe Peal =,
Code allowing such person to withdraw his or her plea of guilty and to enterapleaof i
i 28 not guilty, or setting aside the verdict of guilty, or dismissing the accusation, :
i ;
! : |
Accusation 800-2014-00709Do OS A WA BR WH
i . Ree
BRRERRRBERRESSEC BERT ARDEBSEAS
complaint, information, or indictment.”
8, Health and Safety Code sections 1 1350(a) and 11377(a) prohibit the possession of
fentanyl and ketamine, respectively, without a lawful prescription; violation of each of these
statutes constitutes a felony.
DANGEROUS DRUGS
9 Ativan isa trade name for lorazepam, a psychotropic drug for the management of
anxiety. It is a dangerous drug as defined in section 4022 of the Business and Professions Code
and a Schedule IV controlled substance as defined by section 11057(d) of the Health and Safety
Code, Ativan has a central nervous system depressant effect and can produce psychological and
physical dependence,
10. Fentany] is a potent narcotic analgesic, It is a dangerous drug as defined in
section 4022 of the Business and Professions Code and a Schedule Il controlled substance and
narcotic as defined by section 11055, subdivision (c)(8), of the Health and Safety Code. A dose
of ,1 mg is approximately equi-andlgesic to 10 mg of morphine. Injectable fentanyl is indicated
for use an a narcotic analgesic supplement in general or regional anesthesia; for administration ~
with a neuroleptic as an anesthetic premedication, for the induction of anesthesia, and for use as
an anesthetic agent with oxygen in selected high risk patients, such as those undergoing open
heart surgery or certain complicated neurological or orthopedic procedures. Other central
nervous system depressant drugs will have additive or potentiating effects with fentanyl.
Fentanyl! can produce drug dependence of the morphine type anid therefore has the potential for ’
being abused,
IL. Ketamine is a non-barbiturate, rapid-acting injectable anesthetic. It isa dangeroug
drug as defined in Business and Professions Code section 4022 and a Schedule III controlled
substance as defined by section 11056 of the Health and Safety Code.
if :
at
Acousation 800-2014-00709FIRST CAUSE FOR DISCIPLINE
(Excessive Use of Drugs or Alcohol)
12. Respondent has subjected her license to discipline for unprofessional conduct
pursuant to section 2234 in that she violated section 2239 (Use of Dangerous Drugs in a Manner
Injurious to Self or Others), which constitutes unprofessional conduct, The circumstances are as
follows:
13, At about 10:45 p.m, on May 10, 2014, paramedics and officers of the Central
Marin Police Authority responded to a medical emergency at Respondent’s home. Respondent’s
husband informed the emergency personnel that Respoudent had seemed fine when she returned |
home from visiting with a friend but was unresponsive when he checked on her later in the
evening.
4, The friend with whom Respondent had reportedly spent the early evening arrived i
at the scene and spoke with police officers, She stated that Respondent had ingested two tablets
of ativan and one alcoholic beverage that evening.
5. Emergency personne! found additional medications in the home, including
medications prescribed to Respondent and several bottles of injectable ketamine and fentanyl
which bore no prescription information.
6. Agents of the U.S. Drug Enforcement Agency interviewed Respondent on May 16,
2014. In that interview, Respondent stated that on the night her husband summoned emergency -
assistance for her, she had taken approximately six ativan in an effort to relax, Respondent said '
that when that amount of ativan proved unavailing she withdrew an unknown quantity of |
|
ketamine from the vial by syringe and drank it. Respondent acknowledged that she had no
prescription for the ketamine or for the fentanyl found in her home. :
17. On July 31, 2014, the Marin County District Attorney filed a criminal complaint |
against Respondent: The People v. Ruth ‘A. Rodgers, No. $C189823, alleging a felony violation. of
Health and Safety Code section 11350(a) [Possession of a Controlled Substance: Fentanyf]; and a
felony violation of Health and Safety Code section 11377(a) [Possession of a Controlled
Substance: Ketamine]. The criminal proceedings are pending, |
Accusation 800-2014-00709 |So © ew at DH DH BR WwW DN
nN Nb WON nN. a a tc
BRS RRBRSRERSESWVAGEBE ST
| probation monitoring; and
18. Respondent has subjected her license to discipline for unprofessional conduct 1
under 2234 in that her use of alcohol, prescribed ativan, and un-prescribed ketamine in
combination and amounts sufficient to render her unresponsive and to require emergency medical’
1
intervention violates section 2239 and constitutes unprofessional conduct,
SECOND CAUSE FOR DISCIPLINE
(Violation of Drug Statute} ;
19, The allegations of paragraphs 12 through 16 above are incorporated herein by
reference as if set out in full, Respondent has subjected her license to discipline for
unprofessional conduct pursuant to section 2234 in that her wrongful possession of the dangerous!
drugs ketamine and fentanyl violate California Health and Safety Code sections 11377(a) and
11350(a), which constitutes unprofessional conduct by the provisions of section 2238, j
PRAYER !
WHEREFORE, Complainant requests that a hearing be held on the matters hercin alleged, :
and that following the hearing, the Medical Board of California issue.a decision:
lL. Revoking or suspending Physician's and Surgeon's Certificate Number A80909,
issued to Ruth Anna Rodgers, M.D.;
2. Revoking, suspending or denying approval of Ruth Anna Rodgers, M.D.’s
authority to supervise physician's assistants, pursuant to section 3527 of the Code;
3. Ordering Ruth Anna Rodgers, MOD, if placed on probation, to pay the costs of
4. Taking such other and further action as deemed necessary and proper.
paten: J Dexndee (3 OLY Ltt Cats KD
KIMBERLY KIRCHMEYER
Executive Director '
Medical Board of California '
Department of Consumer Affairs
State of California
Complainant
Accusation 800-2014-00709BUSINESS, CONSUMER SERVICES, AND HO| G AGENCY - Department of Consumer Affairs EDMUND G, BROWN JR. Governor
__SSS SS EE SSS ee
MEDICAL BOARD OF CALIF
Preview
eC om rd A HN FF WN Be oe Be Be oe fw wy KF So 1 | L& | 'FILED Cheryl Ruggiero (SBN 146885) KONELL RUGGIERO LLP San Francisco County Superior Court 401 Wilshire Blvd., 12" Floor Santa Monica; CA 90401 MAY 28 2019 if ! Phone 213-538-1360; Fax 213-599-3222 E-Mail: cheryl@konellruggiero.com cu THE COURT | . ~ t BY: OC : Deputy Cle Attorneys for Petitioner RUTH A. RODGERS, M.D. SUPERIOR COURT OF THE STATE OF CALIFORNIA “| ee my FOR THE COUNTY OF SAN-FRANCISCO | RUTH A. RODGERS, MD., CASE NO, CPF~19-516680 Plaintiff, DECLARATION OF CHERYL RUGGIERO IN SUPPORT OF REQUEST FOR vs. EMERGENCY INJUNCTIVE RELIEF MEDICAL BOARD OF CALIFORNIA, DEPARTMENT OF CONSUMER AFFAIRS; and DOES 1 through 25, Defendant. I, CHERYL KONELL RUGGIERO, declare: - 1. Iam an attorney duly licensed to practice law in all state and federal courts in California, and am a partner in the law firm of Konell Ruggiero LLP, attorneys of record for Petitioner Ruth A. Rodgers, M.D. I have personal knowledge of the facts contained herein and, if requested, could and would testify to such facts. 2. Notice of this ex parte application was given to Kimberly Kirchmeyer, Jennifer Saucedo and Sara Pasion of the Medical Board of California via email on May 22, 2019 at 4:00 p.m. and again at 4:21 p.m. (changing the date and department from May 24, 2019 at 11:00 a.m. in Department 206 to May 28, 2019 at 11:00 a.m. in Department 302, per the Court Calendar Clerk). Jennifer Saucedo confirmed receipt of the first email notice. Kirchmeyer, Saucedo and Pasion also were provided a reminder email with the ex parte -1- DECLARATION OF CHERYL RUGGIEROoO ON DH KR WN NY NM Ye NY YN NN DY Be Be Be Be ewe we ewe ew eH oN KN AW BF BY F&F SO OM KAA AH PB WH S&S SS information — May 28, 2019 at 11:00 a.m. in Department 302 — on May 23, 2019 at 10:37 a.m., along with a request for confirmation of receipt and, in addition, whether a Deputy Attorney General will be appearing at the hearing. On May 23, 2019 at 11:09 a.m., Deputy Attorney General David Carr sent an email to Dr. Rodgers' counsel stating that he would be the attorney representing the Medical Board and that he was confirming the "ex parte motion for stay of the Cease Practice Order, 11:00 a.m., Tuesday May 28, San Francisco Superior, Dept. 302." 3. On May 21, 2019, I requested, via email and telephone, that the Board reconsider its decision and that it lift the Cease Practice Order, to no avail. I spoke with Jennifer Saucedo, Probation Analyst, who sent me an email message after our telephone conversation reiterating the language of the Board's Decision and Order without further comment. 4. A true and correct copy of the Medical Board's Decision and Order of March 2015 is attached hereto as Exhibit A. 5. A true and correct copy of the Petition for Penalty Relief (for Early Termination) is attached hereto as Exhibit B, without all attachments thereto. 6. A true and correct copy of Dr. Smith's Declaration of June 28, 2018 is attached hereto as _. Exhibit C. 7. A true and correct copy of Dr. Kan's Declaration of June 26, 2018 is attached hereto as Exhibit D. 8. A true and correct copy of the Cease Practice Order of May 20, 2019 is attached hereto as Exhibit E. 9. A true and correct copy of Dr. Smith's Declaration of September 30, 2014 is attached hereto as Exhibit F. 10. A true and correct copy of the ALJ's decision regarding Dr. Rodgers' Petition for Penalty Relief to Modify Probation is attached hereto as Exhibit G. 11. A true and correct copy of the Writ of Mandate and Complaint for Injunctive Relief and Damages is attached hereto as Exhibit H; that Writ is being filed concurrently with this Ex Parte Application. -2- DECLARATION OF CHERYL RUGGIEROwv 12. A true and correct copy of Dr. Skipper's Discharge Summary is attached hereto as Exhibit I. 13. A true and correct copy of Dr. Batki's assessment is attached hereto as Exhibit J. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 23rd day of May 2019, at Bolinas, Marin County, California, CHU LgQeano CHERYL RUGGI -3- DECLARATION OF CHERYL RUGGIEROEXHIBIT "AYBEFORE THE MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter of the Accusation Against: ) ) ) Ruth Anna Rodgers, M.D. y Case No. 8002014007009 ) Physician's and Surgeon's ) Certificate No. A 80909 ) ) Respondent ) ) 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 5:00 p.m. on March 19, 2015. IT IS SO ORDERED: February 17, 2015. MEDICAL BOARD OF CALIFORNIA Des Greely 1 Dev Gnanadev, M.D., Chair Panel BKAMALA D. Harris Attorney General of California JosE R. GUERRERO Supervising Deputy Attorney General EMILY L. BRINKMAN Deputy Attorney General State Bar No. 219400 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: (415) 703-5742 Facsimile: (415) 703-5843 E-mail: Emily.Brinkman@doj.ca.gov Attorneys for Complainant BEFORE THE MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter of the Accusation Against: Case No. 800-2014-007009 RUTH ANNA RODGERS, M.D. OAH No. 2014090822 7 Lupine Drive STIPULATED SETTLEMENT AND Corte Madera, CA 94925 DISCIPLINARY ORDER Physician's and Surgeon's Certificate No. A80909 Respondent. IT IS HEREBY STIPULATED AND AGREED by and between the parties to the above- entitled proceedings that the following matters are true: PARTIES 1. Kimberly Kirchmeyer ("Complainant") is the Executive Director of the Medical Board of California. She brought this action solely in her official capacity and is represented in this matter by Kamala D. Harris, Attorney General of the State of California, by Emily L. Brinkman, Deputy Attorney General. 2. Respondent Ruth Anna Rodgers, M.D. (""Respondent') is represented in this proceeding by attorney Denis S. Kenny, whose address is: Scherer, Smith, & Kenny LLP, 140 Geary Street, Seventh Floor, San Francisco, CA 94108. 1 OMT ATEN CETTH OMONIT (NN IATA NATANOY3. Onor about October 25, 2002, the Medical Board of California issued Physician’s and Surgeon’s Certificate No. A80909 to Ruth Anna Rodgers, M.D. (Respondent). An Administrative Law Judge of the Medical Quality Hearing Panel issued an Interim Suspension Order on October 13, 2014, suspending Respondent’s Physician’s and Surgeon’s Certificate pending a final decision by the Medical Board in this disciplinary matter. JURISDICTION 4. Accusation No. 800-2014-007009 was filed before the Medical Board of California (Board) , Department of Consumer Affairs, and is currently pending against Respondent. The Accusation and all other statutorily required documents were properly served on Respondent on November 12, 2014. Respondent timely filed her Notice of Defense contesting the Accusation. 5. Acopy of Accusation No. 800-2014-007009 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. 800-2014-007009. 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 her 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 her own expense; the right to confront and cross-examine the witnesses against her; the right to present evidence and to testify on her 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. Ww \ eTINITT ATEN COTT CMERIT £200 9014_0NTANAYOo Oe ND WH BF BW HY NN NY NN NY BY NY DW me ee oN A A KR BD NHN |= DOD we ND H FF BW NH SF SO f NS 9. Respondent admits the truth of each and every charge and allegation in Accusation No. 800-2014-007009. CULPABILITY 10. Respondent agrees that her Physician’s and Surgeon’s Certificate is subject to discipline and she agrees to be bound by the Board's probationary terms as set forth in the | Disciplinary Order below. CONTINGENCY 11. 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 her counsel. By signing the stipulation, Respondent understands and agrees that she may not withdraw her agreement of 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 Order shall be of no force or effect, except for this paragraph, it shall be inadmissible in any’ legal action between the parties, and the Board shall not be disqualified from further action by having | considered this matter. ' | 12. The parties understand and agree that Portable Document Format (PDF) and facsimile} copies of this Stipulated Settlement and Disciplinary Order, including Portable Document Format (PDF) and facsimile signatures thereto, shall have the same force and effect as the originals. 13. In consideration of the foregoing admissions and stipulations, the parties agree that the Board may, without further notice or formal proceeding, issue and enter the following : Disciplinary Order: . DISCIPLINARY ORDER IT IS HEREBY ORDERED that Physician’s and Surgeon’s Certificate No. A80909 issued to Respondent Ruth Anna Rodgers, M.D. (Respondent) is revoked. However, the revocation is stayed and Respondent is placed on probation for five (5) years on the following terms and conditions. CTIDIT. ATEN CE TTY EMENT (200.701 4-0N70N0V1. CONTROLLED SUBSTANCES - SURRENDER OF DEA PERMIT. Respondent is prohibited from practicing medicine until Respondent provides documentary proof to the Board or its designee that Respondent’s DEA permit has been surrendered to the Drug Enforcement Administration for cancellation, together with any state prescription forms and all controlled substances order forms. Thereafter, Respondent shall not reapply for a new DEA permit without the prior written consent of the Board or its designee. 2. CONTROLLED SUBSTANCES- MAINTAIN RECORDS AND ACCESS TO RECORDS AND INVENTORIES. Respondent shall maintain a record of all controlled substances ordered, prescribed, dispensed, administered, or possessed by Respondent, and any recommendation or approval which enables a patient or patient’s primary caregiver to possess or cultivate marijuana for the personal medical purposes of the patient within the meaning of Health and Safety Code section 11362.5, during probation, showing all the following: 1) the name and address of patient; 2) the date; 3) the character and quantity of controlled substances involved; and 4) the indications and diagnosis for which the controlled substances were furnished. Respondent shall keep these records in a separate file or ledger, in chronological order. All records and any inventories of controlled substances shall be available for immediate inspection and copying on the premises by the Board or its designee at all times during business hours and shall be retained for the entire term of probation. 3. CONTROLLED SUBSTANCES - ABSTAIN FROM USE. Respondent shall abstain completely from the personal use or possession of controlled substances as defined in the California Uniform Controlled Substances Act, dangerous drugs as defined by Business and Professions Code section 4022, and any drugs requiring a prescription. This prohibition does not apply to medications lawfully prescribed to Respondent by another practitioner for a bona fide illness or condition. Within 15 calendar days of receiving any lawfully prescribed medications, Respondent shall notify the Board or its designee of the: issuing practitioner’s name, address, and telephone number; medication name, strength, and quantity; and issuing pharmacy name, address, and telephone number. ORIN ATT ON TT PAAENIT (00 214 ANTANDYIf Respondent has a confirmed positive biological fluid test for any substance (whether or not legally prescribed) and has not reported the use to the Board or its designee, Respondent shall receive a notification from the Board or its designee to immediately cease the practice of medicine. The Respondent shall not resume the practice of medicine until final decision on an accusation and/or a petition to revoke probation. An accusation and/or petition to revoke probation shall be filed by the Board within 15 days of the notification to cease practice. If the Respondent requests a hearing on the accusation and/or petition to revoke probation, the Board shall provide the Respondent with a hearing within 30 days of the request, unless the Respondent stipulates to a later hearing. A decision shall be received from the Administrative Law Judge or the Board within 15 days unless good cause can be shown for the delay. The cessation of practice shall not apply to the reduction of the probationary time period. If the Board does not file an accusation or petition to revoke probation within 15 days of the issuance of the notification to cease practice or does not provide Respondent with a hearing | within 30 days of a such a request, the notification of cease practice shall be dissolved. 4. ALCOHOL - ABSTAIN FROM USE. Respondent shall abstain completely from the use of products or beverages containing alcohol. If Respondent has a confirmed positive biological fluid test for alcohol, Respondent shall receive a notification from the Board or its designee to immediately cease the practice of medicine. The Respondent shall not resume the practice of medicine until final decision on an accusation and/or a petition to revoke probation. An accusation and/or petition to revoke probation shall be filed by the Board within 15 days of the notification to cease practice. Ifthe Respondent requests a hearing on the accusation and/or petition to revoke probation, the Board shall provide the Respondent with a hearing within 30 days of the request, unless the Respondent stipulates to a later hearing. A decision shall be received from the Administrative Law Judge or the Board within 15 days unless good cause can be shown for the delay. The cessation of practice shall not apply to the reduction of the probationary time period. If the Board does not file an accusation or petition to revoke probation within 15 days of the issuance of the notification to cease practice or does not provide Respondent with a hearing. 5 STIDIT ATEN CETTH EMENT /200.2014-NN7NNDYoOo nN DH FF WY = NY NY NY NY N NY NY KN Ol eco A mH FOB NH & SO we ADAH BBW NY | within 30 days of a such a request, the notification of cease practice shall be dissolved. 5. ' BIOLOGICAL FLUID TESTING. Respondent shall immediately submit to 1 biological fluid testing, at Respondent's expense, upon request of the Board or its designee. “Biological fluid testing” may include, but is not limited to, urine, blood, breathalyzer, hair follicle testing, or similar drug screening approved by the Board or its designee. Priorto , practicing medicine, Respondent shall contract with a laboratory or service approved in advance by the Board or its designee that will conduct random, unannounced, observed, biological fluid testing. The contract shall require results of the tests to be transmitted by the laboratory or service directly to the Board or its designee within four hours of the results becoming available. Respondent shall maintain this laboratory or service contract during the period of probation, A certified copy of any laboratory test result may be received in evidence in any \ proceedings between the Board and Respondent. If Respondent fails to cooperate in a random biological fluid testing program within the specified time frame, Respondent shall receive a notification from the Board or its designee 'to immediately cease the practice of medicine. The Respondent shall not resume the practice of medicine until final decision on an accusation and/or a petition to revoke probation. An accusation and/or petition to revoke probation shall be filed by the Board within 15 days of the notification to cease practice. If the Respondent requests a hearing on the accusation and/or petition to revoke probation, the Board shall provide the Respondent with a hearing within 30 days of the request, unless the Respondent stipulates to a later hearing. A decision shall be : received from the Administrative Law Judge or the Board within 15 days unless good cause can be shown for the delay. The cessation of practice shall not apply to the reduction of the probationary time period. If the Board does not file an accusation or petition to revoke probation within 15 daystof the issuance of the notification to cease practice or does not provide Respondent with a hearing within 30 days of a such a request, the notification of cease practice shall be dissolved. 6. PROFESSIONALISM PROGRAM (ETHICS COURSE). Within 60 calendar days of | the effective date of this Decision, Respondent shall enroll in a professionalism program, that i OTIDITT ATEN CETTI EMENT (210.014.7000)) meets the requirements of Title 16, California Code of Regulations (CCR) section 1358. ! Respondent shall participate in and successfully complete that program. Respondent shall | provide any information and documents that the program may deem pertinent. Respondent shall successfully complete the classroom component of the program not later than six (6) months after : Respondent’s initial enrollment, and the longitudinal component of the program not later than the time specified by the program, but no later than one (1) year after attending the classroom component. The professionalism program shall be at Respondent’s expense and shall be in addition to the Continuing Medical Education (CME) requirements for renewal of licensure, A professionalism program taken after the acts that gave rise to the charges in the i Accusation, but prior to the effective date of the Decision may, in the sole discretion of the Board or its designee, be accepted towards the fulfillment of this condition if the program would have been approved by the Board or its designee had the program been taken after the effective date of this Decision. Respondent shall submit a certification of successful completion to the Board or its i designee not later than 15 calendar days after successfully completing the program or not later than 15 calendar days after the effective date of the Decision, whichever is later. 7. PSYCHIATRIC EVALUATION. Within 30 calendar days of the effective date of this Decision, and on whatever periodic basis thereafter may be required by the Board or its designee, Respondent shall undergo and complete a psychiatric evaluation (and psychological testing, if deemed necessary) by a Board-appointed board certified psychiatrist, who shall ‘ consider any information provided by the Board or designee and any other information the psychiatrist deems relevant, and shall furnish a written evaluation report to the Board or its designee. Psychiatric evaluations conducted prior to the effective date of the Decision shall, not t be accepted towards the fulfillment of this requirement. Respondent shall pay the cost of all psychiatric evaluations and psychological testing. : Respondent shall comply with all restrictions or conditions recommended by the evaluating psychiatrist within 15 calendar days after being notified by the Board or its designee. WW j t 4 i 4 OTN ATEN COTT CRADAIT (2A TATA NATNNAYYD UW BP WN 8. PSYCHOTHERAPY. Within 60 calendar days of the effective date of this Decision, Respondent shall submit to the Board or its designee for prior approval the name and ‘ qualifications of a California-licensed board certified psychiatrist or a licensed psychologist who has a doctoral degree in psychology and at least five years of postgraduate experience in the! diagnosis and treatment of emotional and mental disorders. Upon approval, Respondent shall undergo and continue psychotherapy treatment, including any modifications to the frequency of psychotherapy, until the Board or its designee deems that no further psychotherapy is necessary. The psychotherapist shall consider any information provided by the Board or its designee and any other information the psychotherapist deems relevant and shall furnish a written evaluation report to the Board or its designee. Respondent shall cooperate in providing the | psychotherapist any information and documents that the psychotherapist may deem pertinent. Respondent shall have the treating psychotherapist submit quarterly status reports to the Board or its designee. The Board or its designee may require Respondent to undergo psychidtric evaluations by a Board-appointed board certified psychiatrist. If, prior to the completion of, probation, Respondent is found to be mentally unfit to resume the practice of medicine without restrictions, the Board shall retain continuing jurisdiction over Respondent’s license and the! period of probation shall be extended until the Board determines that Respondent is mentally fit to resume the practice of medicine without restrictions. Respondent shall pay the cost of all psychotherapy and psychiatric evaluations. 9. MONITORING - PRACTICE/BILLING. Within 30 calendar days of the effective date of this Decision, Respondent shall submit to the Board or its designee for prior approval asa practice monitor(s), the name and qualifications of one or more licensed physicians and surgeons whose licenses are valid and in good standing, and who are preferably American Board of : Medical Specialties (ABMS) certified. A monitor shall have no prior or current business or; personal relationship with Respondent, or other relationship that could reasonably be expected to compromise the ability of the monitor to render fair and unbiased reports to the Board, including but not limited to any form of bartering, shall be in Respondent’s field of practice, and must agree to serve as Respondent’s monitor. Respondent shal! pay all monitoring costs. : 8 : OTN ATEN COTTT EMOENT /2NN IATA ANTANAY‘ ) The Board or its designee shal! provide the approved monitor with copies of the Decision(s) and Accusation(s), and a proposed monitoring plan. Within 15 calendar days of receipt of the Decision(s), Accusation(s), and proposed monitoring plan, the monitor shall submit a signed statement that the monitor has read the Decision(s) and Accusation(s), fully understands the role of a monitor, and agrees or disagrees with the proposed monitoring plan. If the monitor disagrees with the proposed monitoring plan, the monitor shall submit a revised monitoring plan with the signed statement for approval by the Board or its designee. Within 60 calendar days of the effective date of this Decision, and continuing throughout probation, Respondents practice shall be monitored by the approved monitor. Respondent shall make all records available for immediate inspection and copying on the premises by the monitor at all times during business hours and shall retain the records for the entire term of probation. If Respondent fails to obtain approval of a monitor within 60 calendar days of the effective date of this Decision, Respondent shall receive a notification from the Board or its designee ito cease the practice of medicine within three (3) calendar days after being so notified. Resporident shall cease the practice of medicine until a monitor is approved to provide monitoring : responsibility. | The monitor(s) shall submit a quarterly written report to the Board or its designee wilh includes an evaluation of Respondent’s performance, indicating whether Respondent’s practices are within the standards of practice of practice, and whether Respondent is practicing medicine safely, billing appropriately or both. It shall be the sole responsibility of Respondent to ensbre that the monitor submits the quarterly written reports to the Board or its designee within 10 calendar days after the end of the preceding quarter. If the monitor resigns or is no longer available, Respondent shall, within 5 calendar days of such resignation or unavailability, submit to the Board or its designee, for prior approval, the name and qualifications of a replacement monitor who will be assuming that responsibility within 15 calendar days. If Respondent fails to obtain approval of a replacement monitor within 60 . I calendar days of the resignation or unavailability of the monitor, Respondent shall receive a notification from the Board or its designee to cease the practice of medicine within three @) i 1 9 ' TINT ATER CUTTI EMENT fen 214 ANTANAYAYA HA WF WN 1 calendar days after being so notified Respondent shall cease the practice of medicine until a replacement monitor is approved and assumes monitoring responsibility. In lieu of a monitor, Respondent may participate in a professional enhancement program equivalent to the one offered by the Physician Assessment and Clinical Education Program at the University of California, San Diego School of Medicine, that includes, at minimum, quarterly chart review, semi-annual practice assessment, and semi-annual review of professional growth and education. Respondent shall participate in the professional enhancement program at i Respondent’s expense during the term of probation. i 10. SOLO PRACTICE PROHIBITION. Respondent is prohibited from engaging in the solo practice of medicine. Prohibited solo practice includes, but is not limited to, a practice where: 1) Respondent merely shares office space with another physician but is not affitiated, for purposes of providing patient care, or 2) Respondent is the sole physician practitioner at that location. | If Respondent fails to establish a practice with another physician or secure employment in an appropriate practice setting within 60 calendar days of the effective date of this Decision! Respondent shall receive a notification from the Board or its designee to cease the practice of medicine within three (3) calendar days after being so notified. The Respondent shall not sm practice until an appropriate practice setting is established. If, during the course of the probation, the Respondent’s practice setting changes and the Respondent is no longer practicing in a setting in compliance with this Decision, the Resporident shall notify the Board or its designee within 5 calendar days of the practice setting change. If Respondent fails to establish a practice with another physician or secure employment in an , appropriate practice setting within 60 calendar days of the practice setting change, Respondent shall receive a notification from the Board or its designee to cease the practice of medicine bithin three (3) calendar days after being so notified. The Respondent shall not resume practice until an i appropriate practice setting is established. | 1 11. NOTIFICATION. Within seven (7) days of the effective date of this Decision, the Respondent shall provide a true copy of this Decision and Accusation to the Chief of Staff or the 1 10 i OTIDI TE ATEN CETTT ENMENT (200.2014-ANTANDYio wm NW Chief Executive Officer at every hospital where privileges or membership are extended to Respondent, at any other facility where Respondent engages in the practice of medicine, | including all physician and locum tenens registries or other similar agencies, and to the Chie} Executive Officer at every insurance carrier which extends malpractice insurance coverage to Respondent. Respondent shall submit proof of compliance to the Board or its designee within 15 calendar days. . i i This condition shall apply to any change(s) in hospitals, other facilities or insurance carrier. 12, SUPERVISION OF PHYSICIAN ASSISTANTS. During probation, Respondent is prohibited from supervising physician assistants. 13. OBEY ALL LAWS. Respondent shall obey all federal, state and local laws, all {ules governing the practice of medicine in California and remain in full compliance with any cout ordered criminal probation, payments, and other orders. 14. QUARTERLY DECLARATIONS. Respondent shall submit quarterly declarations under penalty of perjury on forms provided by the Board, stating whether there has been \ compliance with all the conditions of probation. Respondent shall submit quarterly declarations not later than 10 calendar days after the end of the preceding quarter. 15. GENERAL PROBATION REQUIREMENTS. Compliance with Probation Unit : Respondent shall comply with the Board’s probation unit and all terms and conditions! of this Decision. Address Changes i Respondent shall, at all times, keep the Board informed of Respondent’s business and| residence addresses, email address (if available), and telephone number. Changes of such addresses shall be immediately communicated in writing to the Board or its designee. Under no circumstances shall a post office box serve as an address of record, except as allowed by Business and Professions Code section 2021(b). ' Place of Practice 11 i r STINET ATEN CETTI EMENT (200.901 ANTONYCo 0D em ND HW RF WN YN NY NY NN NY KN ND Hee we we He eB Be Be oN A HW RB YN F&F DOD Om IN DH BF Bw Respondent shall not engage in the practice of medicine in Respondent’s or patient’s place of residence, unless the patient resides in a skilled nursing facility or other similar licensed | facility. License Renewal Respondent shall maintain a current and renewed California physician’s and surgeon’s license. . Travel or Residence Outside California Respondent shall immediately inform the Board or its designee, in writing, of travel 19 any areas outside the jurisdiction of California which lasts, or is contemplated to last, more than ‘thirty (30) calendar days. ! { In the event Respondent should leave the State of California to reside or to practice Respondent shall notify the Board or its designee in writing 30 calendar days prior to the dates of departure and return. ! 16. INTERVIEW WITH THE BOARD OR ITS DESIGNEE. Respondent shall be available in person upon request for interviews either at Respondent’s place of business or at the Pp Pp q Pp probation unit office, with or without prior notice throughout the term of probation. 17. NON-PRACTICE WHILE ON PROBATION. Respondent shall notify the Board or its designee in writing within 15 calendar days of any periods of non-practice lasting more than 30 calendar days and within 15 calendar days of Respondent’s return to practice. Non-practice is defined as any period of time Respondent is not practicing medicine in California as defined in Business and Professions Code sections 2051 and 2052 for at least 40 hours in a calendar month in direct patient care, clinical activity or teaching, or other activity as approved by the Board. All time spent in an intensive training program which has been approved by the Board or its designee shall not be considered non-practice. Practicing medicine in another state of the United States or Federal jurisdiction while on probation with the medical licensing authority of that state or | jurisdiction shall not be considered non-practice. A Board-ordered suspension of practice shall not be considered as a period of non-practice. In the event Respondent’s period of non-practice while on probation exceeds 18 calendar i 12 HORE Onrn FRAPPR Onn IATA AATANON |months, Respondent shall successfully complete a clinical training program that meets the criteria of Condition 18 of the current version of the Board’s “Manual of Model Disciplinary Orders and Disciplinary Guidelines” prior to resuming the practice of medicine. Respondent’s period of non-practice while on probation shall not exceed two (2) years, Periods of non-practice will not apply to the reduction of the probationary term. Periods of non-practice will relieve Respondent of the responsibility to comply with the probationary terms and conditions with the exception of this condition and the following terms | and conditions of probation: Obey All Laws; and General Probation Requirements. : 18. COMPLETION OF PROBATION. Respondent shall comply with all financial i obligations (e.g., restitution, probation costs) not later than 120 calendar days prior to the completion of probation. Upon successful completion of probation, Respondent’s certificate shall be fully restored. 19, VIOLATION OF PROBATION. Failure to fully comply with any term or condition of probation is a violation of probation. If Respondent violates probation in any respect, thel Board, 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, or an Interim Suspension Order is filed against Respondent during probation, the Board shall have continuing jurisdiction until the matter is final, and the period of probation shall be extended until the matter is final. i t i 1 20. LICENSE SURRENDER. Following the effective date of this Decision, if Respondent ceases practicing due to retirement or health reasons or is otherwise unable to satisfy the terms and conditions of probation, Respondent may request to surrender his or her license. The Board reserves the right to evaluate Respondent’s request and to exercise its discretion in determining whether or not to grant the request, or to take any other action deemed appropriate and reasonable under the circumstances. Upon formal acceptance of the surrender, Respondent shall within 15 calendar days deliver Respondent’s wallet and wall certificate to the Board or its designee and Respondent shall no longer practice medicine. Respondent will no longer be subject to the terms and conditions of probation. If Respondent re-applies for a medical license, the 13 | STIDIN ATEN SETTI EFMENT (200-7014-NN70N9)application-shall be treated as a petition forreinstatement of a revoked certificate. 21. PROBATION MONITORING COSTS. Respondent shall pay the costs associated with probation monitoring cach and every-year of probation, as designated by the Board, wtiich may be adjusted on an annual basis. Such costs shall be payable to the Medical Board of California and delivered:to the Board or its designee no liter thein January.31.of each calendar year. ACCEPTANCE | Lhave carefully read the above Stipulated Settlement and Disciplinary Order and have fully || discussed it with my attorney, Denis s. Kenny, ‘Lunderstand the stipulation-and the effect it will | have.on my Physician’s. and Surgeori’s Certificate. [enter into this Stipulated Settlement and Disciplinary Order voluntarily, knowingly, and intelligently, and agree to bé bound by the Decision and Order‘of the Medical Board of California. RUTH ANNA 2 feds oT Respondent: Lhave réad and fillly discussed with Respondent Ruth Anna Rodgers, M.D. the tetins.and conditions and other matters contained in the above Stipulated Settlement and Disciplinary Order. Tapprove its form and content. —_——_ DATED: fis f[ts ~s Denis'S. Kenny Attorney for Respondent Ww i W . W W | W | 14 ||_———————$ $$ $$$ $$ _ — + STIPULATED SETTLEMENT (800-201 4-00709) i {0 eo YN DW FF WN NY NY NY NY N N N NN we eee ee Re Ree oy AA 8B BN SF GBD eR DH &F WN FF SO The foregoing Stipulated Settlement and Disciplinary Order is hereby respectfully submitted for consideration by the Medical Board of California. Dated: i/20 [2016 SF2014410117 41174711.doc ENDORSEMENT Respectfully submitted, KAMALA D. HARRIS ' Attorney General of California i (GUERRERO ' Deputy Atforng : Attorneysffor Complainant ' 15Exhibit A Accusation No. 800-2014-007009owe NA UF WN 10 FILED KKAMALA D. HARRIS STATE OF CALIFORNIA | Attorney General of California . MEDICAL BOARD OF CALIFORNIA; JosE R. GUERRERO SACRAMENTOowunbber 220% Supervising Deputy Attorney General BY_ UU. Cin deoss ANALYST DAVID CARR Deputy Attorney General State Bar No. 131672 455 Golden Gate Avenue, Suite 11000 - : San Francisco, CA 94102-7004 : Telephone: (415) 703-5538 Facsimile: (415) 703-5480 : . ; Attorneys for Complainant BEFORE THE i MEDICAL BOARD OF CALIFORNIA : DEPARTMENT OF CONSUMER AFFAIRS , STATE OF CALIFORNIA { In the Matter of the Accusation Against: Case No. 800-2014-007009 | 4 RUTH ANNA RODGERS, M.D. : 7 Lupine Drive ACCUSATION ; Corte Madera, CA 94925 { Physician's and Surgeon's Certificate Respondent. ; Complainant alleges: PARTIES | 1, Kimberly Kirchmeyer (“Complainant”) brings this Accusation solely in her | official capacity as the Executive Director of the Medical Board of California, Department of Consumer Affairs, | 2. On or about October 25, 2002, the Medical Board of California issued Physician's | and Surgeon's Certificate Number A80909 to Ruth Anna Rodgers, M.D. (“Respondent”). Upon Complainant’s petition brought pursuant to the provisions of Government Code section 11529,, an administrative law judge of the Medical Quality Hearing Panel issued an interim suspension ! } ! order on October 13, 2014, suspending Respondent’s Physician’s and Surgeon’s certificate pending a final decision by the Medical Board in this disciplinary proceeding. 1 Accusation 800-2014-00709JURISDICTION 3. This Accusation is brought before the Medical Board of California (“Board”), Department of Consumer Affairs, under the authority of the following laws. All statutory references are to the Business and Professions Code unless otherwise indicated. 4, Section 2227 af the Code states: "(a) A licensee whose matter has been heard by an administrative law judge of the (edical Quality Hearing Panel as designated in Section 11371 of the Government Code, or whose default has been entered, and who is found guilty, or who has entered into a stipulation for disciplinary action with the board, may, in accordance with the provisions of this chapter: (1) Have his or her license revoked upon order of the board. (2) Have his or her right to practice suspended for a period not to exceed one year upon order of the 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. ard, : "(5) Have any other action taken in relation to discipline as part of an order of probation, as the board or an administrative law judge may deem proper. *(b) Any matter heard pursuant to subdivision (a), except for warning letters, medical review or advisory conferences, professional competency examinations, continuing education activities, and cost reimbursement associated therewith that are agreed to with the board and successfully completed by the licensee, or other matters made confidential or privileged by existing law, is deemed public, and shall be made available to the public by the board pursuant to Section 803.1." 5. Section 2234 of the Code, states: "The board shal! take action against. any licensee who is charged with unprofessional conduct. In addition to other provisions of this article, unprofessional conduct inchudes, 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. "(b) Gross negligence, "(c) Repeated negligent acts, To be repeated, there must be two or more negligent acts or-omissions, An initial negligent act or omission followed by a separate and distinct departure from the applicable standard of care shall constitute repeated negligent acts. : ' (1) An initial negligent diagnosis followed by an act or omission medically 2 Accusation Son 204-0070appropriate for that negligent diagnosis of the patient shall constitute a single 1 negligent act. | 2 "(2) When the standard of care requires a change in the diagnosis, act, or omission | that constitutes the negligent act described in paragraph (1), including, but not limited | 3 to, a reevaluation of the diagnosis or a change in treatment, and the licensee's conduct | departs from the applicable standard of care, each departure constitutes a separate and | 4 distinct breach of the standard of care. | 5 "(d) Incompetence, 6 "(e) The commission of any act involving dishonesty or corruption which is substantially related to the qualifications, functions, or duties of a physician and 7 surgeon. . 8 "(B) Any action or conduct which would have warranted the denial of a certificate, : i 9 “(g) The practice of medicine from this-state into another state or country without ' meeting the legal requirements of that state or country for the practice of medicine. : 10 Section 2314 shall not apply to this subdivision, This subdivision shall become operative upon the implemeritation of the proposed registration program described in 11 Section 2052.5, ; 12 "(h) The repeated failure by a certificate holder, in the absence of good cause, to attend and participate in an interview scheduled by the mutual agreement of the : 13 certificate holder and the board. This subdivision shall only apply to a certificate : 4 holder who is the subject of an investigation by the board." : 15 6. Section 2238 of the Code states: \ 1 16 “A violation of any federal statute-or federal regulation or any of the statutes or : regulations of this state regulating dangerous drugs or controlled substances / 17 |. constitutes unprofessional conduct,” : 18 7, Section 2239 of the Code states: : 19 “(a) The use or prescribing for or administering to himself or herself, of any ' : controlled substance; or the use of any of the dangerous drugs specified in Section ! 20. 4022, or of alcoholic beverages, to the extent, or in such a manner as to be dangerous : or injurious to the licensee, or to any other person or to the public, or to the extent that. i ai such use impairs the ability of the licensee to practice medicine safely or more than ! | one misderneanor or any felony involving the use, consumption, or self ‘ 22 administration of any of the substances referred to in this section, or any combination © | thereof, constitutes unprofessional conduct. The record of the conviction is 23 conclusive evidence of such unprofessional conduct. 24 “(b) A plea o verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this section. The Division of : 25 Medical Quality may order discipline of the licensee in accordance with Section 2227 | or the Division of Licensing may order the denial of the license when the time for | 26 appeal has elapsed or the judgment of conviction has been affirmed on appeal or : when an order granting probation is made suspending imposition of sentence, \ 27 irrespective of a subsequent order under the provisions of Section 1203.4 ofthe Peal =, Code allowing such person to withdraw his or her plea of guilty and to enterapleaof i i 28 not guilty, or setting aside the verdict of guilty, or dismissing the accusation, : i ; ! : | Accusation 800-2014-00709Do OS A WA BR WH i . Ree BRRERRRBERRESSEC BERT ARDEBSEAS complaint, information, or indictment.” 8, Health and Safety Code sections 1 1350(a) and 11377(a) prohibit the possession of fentanyl and ketamine, respectively, without a lawful prescription; violation of each of these statutes constitutes a felony. DANGEROUS DRUGS 9 Ativan isa trade name for lorazepam, a psychotropic drug for the management of anxiety. It is a dangerous drug as defined in section 4022 of the Business and Professions Code and a Schedule IV controlled substance as defined by section 11057(d) of the Health and Safety Code, Ativan has a central nervous system depressant effect and can produce psychological and physical dependence, 10. Fentany] is a potent narcotic analgesic, It is a dangerous drug as defined in section 4022 of the Business and Professions Code and a Schedule Il controlled substance and narcotic as defined by section 11055, subdivision (c)(8), of the Health and Safety Code. A dose of ,1 mg is approximately equi-andlgesic to 10 mg of morphine. Injectable fentanyl is indicated for use an a narcotic analgesic supplement in general or regional anesthesia; for administration ~ with a neuroleptic as an anesthetic premedication, for the induction of anesthesia, and for use as an anesthetic agent with oxygen in selected high risk patients, such as those undergoing open heart surgery or certain complicated neurological or orthopedic procedures. Other central nervous system depressant drugs will have additive or potentiating effects with fentanyl. Fentanyl! can produce drug dependence of the morphine type anid therefore has the potential for ’ being abused, IL. Ketamine is a non-barbiturate, rapid-acting injectable anesthetic. It isa dangeroug drug as defined in Business and Professions Code section 4022 and a Schedule III controlled substance as defined by section 11056 of the Health and Safety Code. if : at Acousation 800-2014-00709FIRST CAUSE FOR DISCIPLINE (Excessive Use of Drugs or Alcohol) 12. Respondent has subjected her license to discipline for unprofessional conduct pursuant to section 2234 in that she violated section 2239 (Use of Dangerous Drugs in a Manner Injurious to Self or Others), which constitutes unprofessional conduct, The circumstances are as follows: 13, At about 10:45 p.m, on May 10, 2014, paramedics and officers of the Central Marin Police Authority responded to a medical emergency at Respondent’s home. Respondent’s husband informed the emergency personnel that Respoudent had seemed fine when she returned | home from visiting with a friend but was unresponsive when he checked on her later in the evening. 4, The friend with whom Respondent had reportedly spent the early evening arrived i at the scene and spoke with police officers, She stated that Respondent had ingested two tablets of ativan and one alcoholic beverage that evening. 5. Emergency personne! found additional medications in the home, including medications prescribed to Respondent and several bottles of injectable ketamine and fentanyl which bore no prescription information. 6. Agents of the U.S. Drug Enforcement Agency interviewed Respondent on May 16, 2014. In that interview, Respondent stated that on the night her husband summoned emergency - assistance for her, she had taken approximately six ativan in an effort to relax, Respondent said ' that when that amount of ativan proved unavailing she withdrew an unknown quantity of | | ketamine from the vial by syringe and drank it. Respondent acknowledged that she had no prescription for the ketamine or for the fentanyl found in her home. : 17. On July 31, 2014, the Marin County District Attorney filed a criminal complaint | against Respondent: The People v. Ruth ‘A. Rodgers, No. $C189823, alleging a felony violation. of Health and Safety Code section 11350(a) [Possession of a Controlled Substance: Fentanyf]; and a felony violation of Health and Safety Code section 11377(a) [Possession of a Controlled Substance: Ketamine]. The criminal proceedings are pending, | Accusation 800-2014-00709 |So © ew at DH DH BR WwW DN nN Nb WON nN. a a tc BRS RRBRSRERSESWVAGEBE ST | probation monitoring; and 18. Respondent has subjected her license to discipline for unprofessional conduct 1 under 2234 in that her use of alcohol, prescribed ativan, and un-prescribed ketamine in combination and amounts sufficient to render her unresponsive and to require emergency medical’ 1 intervention violates section 2239 and constitutes unprofessional conduct, SECOND CAUSE FOR DISCIPLINE (Violation of Drug Statute} ; 19, The allegations of paragraphs 12 through 16 above are incorporated herein by reference as if set out in full, Respondent has subjected her license to discipline for unprofessional conduct pursuant to section 2234 in that her wrongful possession of the dangerous! drugs ketamine and fentanyl violate California Health and Safety Code sections 11377(a) and 11350(a), which constitutes unprofessional conduct by the provisions of section 2238, j PRAYER ! WHEREFORE, Complainant requests that a hearing be held on the matters hercin alleged, : and that following the hearing, the Medical Board of California issue.a decision: lL. Revoking or suspending Physician's and Surgeon's Certificate Number A80909, issued to Ruth Anna Rodgers, M.D.; 2. Revoking, suspending or denying approval of Ruth Anna Rodgers, M.D.’s authority to supervise physician's assistants, pursuant to section 3527 of the Code; 3. Ordering Ruth Anna Rodgers, MOD, if placed on probation, to pay the costs of 4. Taking such other and further action as deemed necessary and proper. paten: J Dexndee (3 OLY Ltt Cats KD KIMBERLY KIRCHMEYER Executive Director ' Medical Board of California ' Department of Consumer Affairs State of California Complainant Accusation 800-2014-00709BUSINESS, CONSUMER SERVICES, AND HO| G AGENCY - Department of Consumer Affairs EDMUND G, BROWN JR. Governor __SSS SS EE SSS ee MEDICAL BOARD OF CALIF