BEFORE THE MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA. Respondent. PARTIES

Similar documents
FILED STATE OF CALIFORNIA - MEDICAL"BOARD OF CALIFORNIA SACRAMENTO /JtJIJtl?J/xr 2" 20.JL BY I< /krjr!!j ANALYST

10 BEFORE THE MEDICAL BOARD OF CALIFORNIA Kimberly Kirchmeyer ("Complainant") brings this Accusation solely in her official

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

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

BEFORE THE MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS. Respondent. PARTIES

BEFORE THE MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA. Respondent. PARTIES

SAC~ENTOiliawJ.v- 5'

BY k. {/ t»'1:j ANALYST

BEFORE THE MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA. OAH No DECISION

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

Secretary of the Senate. Chief Clerk of the Assembly. Private Secretary of the Governor

In re: ) ) NOTICE OF CHARGES John E. Marshall, M.D., ) AND ALLEGATIONS; ) NOTICE OF HEARING Respondent. )

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

Purpose: Policy: The Fair Hearing Plan is not applicable to mid-level providers. Grounds for a Hearing

NC General Statutes - Chapter 90 Article 16 1

BEFORE THE NORTH CAROLINA MEDICAL BOARD. This matter is before the North Carolina Medical Board. on information regarding Matthew Ray Steiner, M.D.

(A) results from that individual's participation in or training for sports, fitness training, or other athletic competition; or

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Act 443 of 2009 House Bill 1379

Title 32, Chapter 127-A, ATHLETIC TRAINERS (HEADING: PL 1995, c. (new))

FL AT Act As amended 5/30/06 by Chapter (SB 366) (Amendments not noted; see SB 366 file for changes) PART XIII ATHLETIC TRAINERS

RPSGT Recertification Application

BEFORE THE NORTH CAROLINA MEDICAL BOARD. This matter is before the North Carolina Medical Board

INGHAM COUNTY. Effective January 1, 2016 as amended November 10, 2015

CHAPTER Section 3 of P.L.1983, c.296 (C.45: ) is amended to read as follows:

State Office of Administrative Hearings '' Cathleen Parsley )> Chief Administrative Law Judge. April II, 2011

UNIVERSITY FOOD SERVICES, INC. POLICIES AND PROCEDURES REGARDING THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES

CHAPTER 40 PROFESSIONAL LICENSING AND FACILITY REGULATION

BEFORE THE MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA DECISION AND ORDER

STATE OF FLORIDA DEPARTMENT OF HEALTH

CODE OF ETHICS FOR ALCOHOL AND DRUG COUNSELORS

Title 32: PROFESSIONS AND OCCUPATIONS

HEALTH REGULATION # 13 TOBACCO HANDLERS PERMITS

Senate Bill No. 174 Senator Carlton CHAPTER...

- and. IN THE MATTER OF: The Medical Act, R.S.N.S , c and SETTLEMENT AGREEMENT

STATE OF VERMONT BOARD OF DENTAL EXAMINERS. Decision on UNPROFESSIONAL CONDUCT CHARGE

Chapter 87 *** SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS *** (1) "Audiologist" means a person licensed to practice audiology under this chapter.

ORDINANCE NO. CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 8 OF THE ST. LOUIS PARK CITY CODE RELATING TO TOBACCO

CODE OF ETHICS FOR ALCOHOL AND DRUG COUNSELORS

IC ARTICLE 20. HEARING AID DEALERS. IC Chapter 1. Regulation of Hearing Aid Dealers; Creation of Advisory Committee; Certificates

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF SOCIAL WORKERS AND SOCIAL SERVICE WORKERS

Shannon Erickson vs. Montgomery County Schools

STATE OF FLORIDA DEPARTMENT OF HEALTH

PRINCE GEORGE S COUNTY PUBLIC SCHOOLS Board of Education Upper Marlboro, Maryland Policy No. BOARD OF EDUCATION POLICY

STATE OF FLORIDA BOARD OF PSYCHOLOGY ADMINISTRATIVE COMPLAINT. undersigned counsel, and files this Administrative Complaint before the

[CORRECTED COPY] CHAPTER 115

S 0234 SUBSTITUTE B ======== LC000983/SUB B ======== S T A T E O F R H O D E I S L A N D

AN ACT. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

STATE OF OKLAHOMA. 1st Session of the 54th Legislature (2013) AS INTRODUCED

CHAPTER 112. REGISTRATION OF CERTAIN PROFESSIONS AND OCCUPATIONS.

BEFORE THE NORTH CAROLINA MEDICAL BOARD. In Re: ) ) NOTICE OF CHARGES Amir Ishak Kaldas, M.D., ) AND ALLEGATIONS; ) NOTICE OF HEARING Respondent.

IC Chapter 1. Regulation of Chiropractors Creation of Board

H 5501 S T A T E O F R H O D E I S L A N D

Legislative Counsel s Digest:

CDL Drivers Controlled Substance and Alcohol Policy

Preliminary Statement. 1. In this Article 78 proceeding, Petitioner seeks an order to compel Respondents to open an

WHEREAS, the Tennessee General Assembly finds that thousands of Tennesseans are

104 CMR: DEPARTMENT OF MENTAL HEALTH 104 CMR 33.00: DESIGNATION AND APPOINTMENT OF QUALIFIED MENTAL HEALTH PROFESSIONALS

APPLICATION TO EMPLOY A

NASD REGULATION, INC. OFFICE OF HEARING OFFICERS

IN THE MATTER OF THE HEALTH PROFESSIONS ACT, R.S.A. 2000, c.h-7;

DRUG & ALCOHOL POLICY

L?;;--- State Office of Administrative Hearings

The purpose of this rule is to clarify the special practice authorities addressed in , C.R.S.

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION ) ) ) ) ) ) ) ) ) ) )

Judicial & Ethics Policy

DISCIPLINE COMMITTEE OF THE COLLEGE OF TRADITIONAL CHINESE MEDICINE PRACTITIONERS AND ACUPUNCTURISTS OF ONTARIO

THE NORTH CAROLINA MASSAGE AND BODYWORK THERAPY PRACTICE ACT NORTH CAROLINA GENERAL STATUTES

LICENSE NO. N-8183 ORDER OF TEMPORARY SUSPENSION (WITHOUT NOTICE OF HEARING)

Instructions for Applicants. Successful completion of this examination is required as one of the conditions for licensure in the State of Vermont.

Assembly Amendment to Assembly Bill No. 382 (BDR ) Proposed by: Assembly Committee on Commerce and Labor

Section 8 Administrative Plan (revised January 2000) Chapter 22 # page 1

Drug-free Workplace Staff Rights and Responsibilities

SENATE BILL No. 501 AMENDED IN SENATE MAY 1, 2017 AMENDED IN SENATE APRIL 20, 2017 AMENDED IN SENATE APRIL 17, Introduced by Senator Glazer

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

PROPOSED REGULATION OF THE BOARD OF HEARING AID SPECIALISTS. LCB File No. R July 6, 2001

[Cite as Cincinnati Bar Assn. v. Kenney, 110 Ohio St.3d 38, 2006-Ohio-3458.]

Case 2:17-cv Document 1 Filed 10/30/17 Page 1 of 10

(4) Be as detailed as necessary to provide history of work performed; and:

H 5381 S T A T E O F R H O D E I S L A N D

S 0905 S T A T E O F R H O D E I S L A N D

if accepted, FINRA will not

STATE OF FLORIDA DEPARTMENT OF HEALTH. The Emergency Restriction of the License of Ignacio J. Calvo, M.D. License No: ME Case No:

STATE OF FLORIDA BOARD OF DENTISTRY RESPONDENT. AMENDED ADMINISTRATIVE COMPLAINT. Petitioner, Department of Health, by and through its undersigned

PROPOSED REGULATION OF THE BOARD OF EXAMINERS FOR ALCOHOL, DRUG AND GAMBLING COUNSELORS LCB FILE NO. R069-17I

In the Matter of the Accusation Against:

H 5474 SUBSTITUTE A ======== LC001505/SUB A ======== S T A T E O F R H O D E I S L A N D

STATE OF FLORIDA BOARD OF DENTISTRY

Vermont Secretary of State Office of Professional Regulation ADMINISTRATIVE RULES FOR LICENSED ACUPUNCTURISTS TABLE OF CONTENTS

Workplace Health, Safety & Compensation Review Division

BEFORE THE NORTH CAROLINA MEDICAL BOARD. In re: ) ) NOTICE OF CHARGES Kenneth J. Headen, M.D., ) AND ALLEGATIONS; ) NOTICE OF HEARING Respondent.

APPENDIX A. THE UNIVERSITY OF OKLAHOMA Student Rights and Responsibilities Code PROCEDURES

Social Host. Laws and Enforcement Options. A Webinar for The Illinois Higher Education Center October 11, 2012

Title II of the Americans with Disabilities Act Section 504 of the Rehabilitation Act of 1973 Discrimination Complaint Form

Case 1:15-cv RBJ Document 1 Filed 02/09/15 USDC Colorado Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

19 TH JUDICIAL DUI COURT REFERRAL INFORMATION

SUPERINTENDENT OF PUBLIC INSTRUCTION ) ) ) ) ) ) ) COMES NOW the Office of Superintendent of Public Instruction, under the authority

Vermont Department of Motor Vehicles. Total Abstinence Program

PHYSIOTHERAPY ACT AUTHORIZATION REGULATIONS

Transcription:

1 XAVIER BECERRA Attorney General of California 2 E.A. JONES III Supervising Deputy Attorney General 3 EDWARDKIM Deputy Attorney General 4. State Bar No. 195729 California Department of Justice 5 300 So. Spring Street, Suite 1702 Los Angeles, CA 90013 6 Telephone: (213) 897-2000 Facsimile: (213) 897-9395 7 Attorneys for Complainant FILED STATE OF CALIFORNIA MEDICAL BOARD OF CA~IFORNl\A j ~T0~\120 BY. ~\)")i\analyst 8 9 10 BEFORE THE MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA 11 12 13 In the Matter of the Accusation Against: BRENT EDWARD SILVERS, M.D. 2 Hughes, Suite 150 Irvine, California 92618 Case No. 800-2016-020459 ACCUSATION 14 15 16 17 18 Physician's and Surg~on's Certificate No. A49201, Complainant alleges: Respondent. PARTIES 19 1. Kimberly Kirchmeyer (Complainant) brings this Accusation solely in her official 20 capacity as the Executive Director of the Medical Board of California, Department of Consumer 21 Affairs (Board). 22 2. On or about March 4, 1991, the Board issued Physician's and Surgeon's Certificate 23 Number A49201 to Brent Edward Silvers, M.D. (Respondent). The Physician's and Surgeon's 24 Certificate was in full force and effect at all times relevant to the charges brought herein and will 25 expire on November 30, 2018, unless renewed. 26 JURISDICTION 27 3. This Accusation is brought before the Board, under the authority of the following 28 laws. All section references are to the Business and Professions Code (Code) unless otherwise 1

1 indicated. 2 4. Section 2227 of the Code provides that a licensee who is found guilty under the 3 Medical Practice Act may have his or her license revoked, suspended for a period not to exceed 4 one year, placed on probation and required to pay the costs of probation monitoring, or such other 5 action taken in relation to discipline as the Board deems proper. 6 5. Section 2234 of the Code states: 7 "The board shall take action against any licensee who is charged with unprofessional 8 conduct. In addition to other provisions of this article, unprofessional conduct includes, but is not 9 limited to, the following: 10 "(a) Violating or attempting to violate, directly or indirectly, assisting in or abetting the 11. violation of, or conspiring to.violate any provision of this chapter. 12 "(b) Gross negligence. 13 "(c) Repeated negligent acts. To be repeated, there must be two or more negligent acts or 14 omissions. An initial negligent act or omission followed by a separate and distinct departure from 15 the applicable standard of care shall constitute repeated negligent acts. 16 "(1) An initial negligent diagnosis followed by an act or omission medically appropriate 17 for that negligent diagnosis of the patient shall constitute a single negligent act. 18 "(2) When the standard of care requires a change in the diagnosis, act, or omission that 19 constitutes the negligent act described in paragraph (1), including, but not limited to, a 20 reevaluation of the diagnosis or a change in treatment, and the licensee's conduct departs from the 21 applicable standard of care, each departure constitutes a separate and distinct breach of the 22 standard of care. 23 "( d) Incompetence. 24 "( e) The commission of any act involving dishonesty or corruption which is substantially 25 related to the qualifications, functions, or duties of a physician and surgeon. 26 "(f) Any action or conduct which would have warranted the denial of a certificate. 27 "(g) The practice of medicine from this state into another state or country without meeting 28 the legal requirements of that state or country for the practice of medicine. Section 2314 shall not 2

1 apply to this subdivision. This subdivision shall become operative upon the implementation of the 2 proposed registration program described in Section 2052.5. 3 "(h) The repeated failure by a certificate holder, in the absence of good cause, to attend and 4 participate in an interview by the board. This subdivision shall only apply to a certificate holder 5 who is the subject of an ihvestigation by the board." 6 6. Section 2266 of the Code states: "The failure of a physician and surgeon to maintain 7 adequate and accurate records relating to the provision of services to their patients constitutes 8 unprofessional conduct." 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. Section 2280 of the Code states: "No licensee shall practice medicine while under the influence of any narcotic drug or alcohol to such an extent as to impair his or her ability to conduct the practice o~ medicine with safety to the public and his or her patients. Violation of this section constitutes unprofessional conduct and is a misdemeanor." 8. Section 822 of the Code, states: "Ifa licensing agency determines that its licentiate's ability to practice his or her profession safely is impaired because the licentiate is mentally ill, or physically ill affecting competency, the licensing agency may take action by any one of the following methods: "(a) Revoking the licentiate's certificate or license. "(b) Suspending the licentiate's right to practice. "( c) Placing the licentiate on probation. "( d) Taking such other action in relation to the licentiate as the licensing agency in its discretion deems proper. "The licensing agency shall not reinstate a revoked or suspended certificate or license until it has received competent evidence of the absence or control of the condition which caused its action and until it is satisfied that with due regard for the public health and safety the person's right to practice his or her profession may be safely reinstated." FACTUAL ALLEGATIONS 9. Respondent currently suffers from a mental and/or physical ailment which impairs his ability to practice medicine safely. This matter began when the Board received a complaint 3

1 alleging that Respondent had been treating patients while under the influence of alcohol, had been 2 having lapses of memory, and that he would give patients Ativan, Norco, and wine prior to their - 3 procedures and as a result, several patients had vomited. The Board subsequently initiated an 4 investigation and during the investigation several witnesses were interviewed. On or about 5 March 28, 2016, an investigator with the Department of Consumer Affairs' Division of 6 Investigation's Health Quality Investigations Unit (HQIU) spoke to Respondent and Respondent 7 admitted that he had occasionally offered his patients a cup of wine prior to the medical 8 procedures that he performed on them to help them relax. At that time, Respondent also agreed to 9 undergo mental and physical examinations by Board retained experts. 10 10. J.T. worked for Respondent as a medical assistant for approximately one year and six 11 months beginning in or around January 2015 until she resigned in or around June 2016. J.T. 12 personally observed that Respondent displayed irrational, sometimes hyper, and manic behavior. 13 For example, J.T. witnessed Respondent randomly scrape the paint off the walls while patients 14 were present, and say inappropriate things to his patients such as, "Don't drink the water" and 15 "Fish fuck in water." In addition, during the time that J.T. worked for Respondent, he instructed 16 J.T. to give his patients wine, Ativan, and Norco prior to liposuction procedures. On one 17 particular occasion, J.T. perceived that Respondent emitted the smell of an alcoholic beverage 18 prior to a surgical procedure. At that time, Respondent admitted he had been drinking to J.T., and 19 she told Respondent to go home and he replied that "it was a good idea." 20 11. A.G. worked for Respondent from in or around January 2015 until in or around April 21 2016 when she resigned due to his inappropriate behavior an~ alcohol use. During the time A.G. 22 worked with Respondent: she witnessed Respondent have incredible mood swings, red eyes, 23 flushed skin, and she perceived the odor of an alcohol beverage on his person. She also witnessed 24 him report to work while under the influence of alcohol on multiple occasions. Respondent even 25 admitted that he was an alcoholic at an office staff meeting. Respondent also demonstrated 26 erratic behavior and suffered from memory issues which developed after he underwent a hip- 27 replacement surgery. His memory lapses began to increase in frequency and severity over time. 28 A.G. also learned that Respondent checked himself into the emergency department at a hospital 4

1 because of his memory issues. Additionally, A.G. became aware of Respondent's practice of 2 giving wine to his patients prior to procedures he would perform on them. She also learned that 3 staff had to clean up vomit from a patie:nt who had been given Ativan, Norco and wine by 4 Respondent. A.G. also knew that Respondent had wine on his office premises. Lastly, 5 accordingly to A.G., Respondent also suffered from periods of suicidal thoughts when he would 6 cry and declare that he was going to kill himself. 7 12. L.H. worked for Respondent from in or around January 2016 until in or around April 8 2016 when she resigned due to his sporadic, erratic behavior. During her employment with 9 Respondent, L.H., on more than one occasion, could smell drinking alcohol on Respondent's 10 person while he was working at his office. Examples of Respondent's alcohol use include: 11 L.H. witnessed Respondent in his office lobby sitting with patients and talking w~th 12 them like it was "happy hour' and she could smell alcohol odors from him. 13 L.H. witnessed Respondent come to work with bloodshot eyes and emit the odor of 14 alcohol at approximately 9:30 a.m. when she was in the office's laboratory completing 15 paperwork. She also heard Respondent say that he was hung over. 16 L.H. smelled alcohol on Respondent on a day that he performed liposuction. 17 L.H. smelled alcohol on Respondent's breath on a day that she believed that he 18 consumed alcohol while at his medical office because he did not smell like alcohol 19 when he came to work that morning. 20 L.H. also heard Respondent say that he was hungover while at work. 21 NEUROPSYCHOLOGICAL EVALUATION 22 13. On or about May 26, 2017, D.A., Ph.D. performed a neuropsychological evaluation of 23 Respondent. Respondent specifically denied a history of alcohol abuse or other substance abuse to 24 D.A., Ph.D. b.a., Ph.D. administered several tests on Respondent which revealed that he was 25 impaired or performing in the lower range of his same age peers, including without limitation, the 26 Montreal Cognitive Assessment (which was designed as a rapid screening instrument for mild 27 cognitive dysfunction) and the Wisconsin Card Sort Test (WCST-CV-4); WAIS IV Matrix Reasoning 28 Test and the WAIS-IV Working Memory Index (WMI). Respondent's performance on the WCST- 5

1 CV-4 was in the impaired range for his age and education. Respondent's working memory and 2 mental processing speed were in the low average range for his age and he demonstrated severe 3 verbal/auditory memory and non-verbal visual memory impairment. Moreover, Respondent also 4 demonstrated significant impairment in his ability to perform executive functioning for his age 5 and education. Overall, according to D.A., Ph.D., based on the current neuropsychological 6 evaluation results, Respondent is not competent to practice medicine, at the present time, due to 7 severe memory and executive functioning deficits. 8 MENTAL EVALUATION 9 14. On or about February 27, 2017, Dr. M.K. performed a mental evaluation of 1 O Respondent. Respondent admitted to Dr. M.K. that he frequently drank "from half a glass to half 11 a bottle" of wine every night "episodically." When asked at several different times about his 12 alcohol use, Respondent repetitively denied any use of alcohol prior to or during work hours. 13 Respondent also told Dr. M.K., that he "fell down the stairs while drinking; [his] wife panicked 14 and had [him] go to Mission Hospital (Mission Viejo)." He stated that he had brain imaging 15 which demonstrated a "subdural" hematoma, but he did not know if that had been a recent event 16 or chronic, nor where it was located in his brain. After this initial review, Dr. M.K. conduded 17 that Respondent had to be evaluated by a neuropsychologist to rule out cognitive deficits, and that \ - 18 he should be subjected to frequent random urine and blood toxicology screens (since alcohol is 19 rarely detected in urine toxicology screens); and that he be followed regularly by a psychiatrist 20 due to his chronic insomni~, anxiety and alcohol bingeing, and that he be treated by a substance 21 abuse counselor with frequent reports back to the Medical Board. After Dr. M.K. reviewed the 22 findings of Respondent's neuropsychology evaluation, Dr. M.K. further found that Respondent 23 was impaired and he could not safely practice medicine. Respondent exhibited "executive 24 functioning deficits." Dr. M.K.'s findings included that a person in Respondent's situation, 25 "practicing internal medicine and podiatric medicine requires a higher level of cognitive 26 resources than, for example, a repetitive task such as stocking groceries," and that "the damage or 27 injury to the public resulting from an error in the occupational tasks is more serious for a 28 physician than a grocer." 6

1 FIRST CAUSE FOR DISCIPLINE 2 (Unable to Practice Safely Due to Mental/Physical Illness) 3 15. Respondent is subject to discipline pursuant to Code section 822 in that his ability to 4 practice medicine safely is impaired because he is mentally and/or physically ill in a manner 5 affecting competency. The circumstances of Respondent's illnesses are as follows: 6 16. The allegations in paragraphs 8 through 13, inclusive, above are incorporated herein 7 by reference as if fully set forth. 8 SECOND CAUSE FOR DISCIPLINE 9 (Dangerous Use of Alcohol and/or Impairment and/or Practicing Under the Influence) 10 17. Respondent is subject to disciplinary action under Code sections 2239 and 2280 in 11 that he used alcoholic beverages, to the extent, or in such a manner as to be dangerous or 12 injurious to himself or others or to the public, or to the extent that such use impaired his ability to 13 practice medicine safely, and/or he practiced medicine while under the influence of any narcotic 14 drug or alcohol to such an extent as to impair his or her ability to conduct the practice of medicine 15 with safety to the public and his or her patients. The circumstances are as follows: 16 18. The allegations of the First Cause for Discipline are incorporated herein by reference 17 as if fully set forth. 18 THIRD CAUSE FOR DISCIPLINE 19. (Gross Negligence) 20 19. Respondent i.s subject to.disciplinary action under Code section 2234, subdivision (b), 21 in that he committed gross negligence. The circumstances are as follows: 22 20. The allegations of the First and Second Causes for Discipline are incorporated herein 23 by reference as if fully set forth. 24 21. In or around January 2015, and thereafter, Respondent committed gross negligence 25 each time he gave a patient, prior to a medical procedure, wine together with dangerous drugs, 26 including without limitation, Ativan and Norco. 27 I I I 28 7

1 2 FOURTH CAUSE FOR DISCIPLINE (Repeated Negligent Acts) 3 22. Respondent is subject to disciplinary action under Code section 2234, subdivision (c), 4 in that Respondent committed repeated negligent acts. The circumstances are as follows: 5 23. The allegations of the First, Second and Third Cause for Discipline are incorporated 6 herein by reference as if fully set forth. 7 24. Each of the alleged acts of gross negligence set forth above in the Third Cause for 8 Discipline is also a negligent act. 9 FIFTH CAUSE FOR DISCIPLINE 10 (General Unprofessional Conduct) 11 25. Respondent is subject to disciplinary action under Code section 2234, in that his 12 actions and/or omissions represent unprofessional conduct, generally. The circumstances are as 13 follows: 14 26. The allegations of the First; Second, Third and Fourth Causes for Discipline, 15 inclusive, are incorporated herein by reference as if fully set forth. 16 I I I 17 18 19 20 21 22 23 24 25 26 27 28 8 A CCU SA TION NO. 800-2016-020459

1 PRAYER 2 WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged, 3 and that following the hearing, the Medical Board of California issue a decision: 4 1. Revoking or suspending Physician's and Surgeon's Certificate Number A49201, 5 issued to Brent Edward Silvers, M.D.; 6 2. Revoking, suspending or denying approval of Brent Edward Silvers, M.D.'s authority 7 to supervise physician assistants and advance practice nurses; 8 3. Ordering Brent Edward Silvers, M.D., if placed on probation, to pay the Board the 9 costs of probation monitoring; and 10 4. Taking such 9ther and further action as deemed necessary and proper. il 12 13 14 DATED: October 11, 2017 15 LA2016500741 12835205 16 Executive ff ector Medical Board of California Department of Consumer Affairs State of California Complainant 17 18 19 20 21 22 23 24 25 26 27 28 9