1 DANIEL E. LUNGREN, Attorney General of .the State of California 2 SUSAN K. MEADOWS Deputy Attorney General 3 California Department of Justice 50 Fremont Street, Suite 300 4 San Francisco, California 94105-2239 Telephone: (415) 356-6282 5 Facsimile: (415) 356-6257 6 Attorneys for Complainant 7 BEFORE THE 8 9 DIVISION OF MEDICAL QUALITY MEDICAL BOARD OF CALIFORNIA STATE OF CALIFORNIA 10 11 In the Matter of the Accusation Against: 12 RYSZARD CHETKOWSKI, M.D. 13 2999 Regent Street, #101-A Berkeley, CA 94705 14 Physician's and Surgeon's 15 Certificate No. G41258 16 Respondent. 17 Case No. 12-95-46238 OAH No. N 9604036 STIPULATION FOR SETILEMENT 18 IT IS HEREBY STIPULATED by and between Ryszard 19 Chetkowski, M.D. (hereinafter "respondent") with the counsel and 20 advice of his attorneys, Robert Sullivan, of the law firm 21 Nossaman, Guthner, Knox & Elliott, and Penelope Cooper, of the 22 law firm of Cooper, Arguedas & Cassman, and complainant Ronald 23 Joseph, in his official capacity as Executive Director of the 24 Medical Board of California ("Board"), by and through its 25 attorney, Daniel E. Lungren, Attorney General, by Susan K. 26 Meadows, Deputy Attorney General, as follows: 27 1. Third Amended Accusation No. 12-95-46238 1.
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1 DANIEL E. LUNGREN, Attorney General of .the State of California
2 SUSAN K. MEADOWS Deputy Attorney General
3 California Department of Justice 50 Fremont Street, Suite 300
4 San Francisco, California 94105-2239 Telephone: (415) 356-6282
5 Facsimile: (415) 356-6257
6 Attorneys for Complainant
7 BEFORE THE
8
9
DIVISION OF MEDICAL QUALITY MEDICAL BOARD OF CALIFORNIA
STATE OF CALIFORNIA
10
11 In the Matter of the Accusation Against:
12 RYSZARD CHETKOWSKI, M.D.
13 2999 Regent Street, #101-A Berkeley, CA 94705
14 Physician's and Surgeon's
15 Certificate No. G41258
16 Respondent.
17
Case No. 12-95-46238
OAH No. N 9604036
STIPULATION FOR SETILEMENT
18 IT IS HEREBY STIPULATED by and between Ryszard
19 Chetkowski, M.D. (hereinafter "respondent") with the counsel and
20 advice of his attorneys, Robert Sullivan, of the law firm
21 Nossaman, Guthner, Knox & Elliott, and Penelope Cooper, of the
22 law firm of Cooper, Arguedas & Cassman, and complainant Ronald
23 Joseph, in his official capacity as Executive Director of the
24 Medical Board of California ("Board"), by and through its
25 attorney, Daniel E. Lungren, Attorney General, by Susan K.
26 Meadows, Deputy Attorney General, as follows:
27 1. Third Amended Accusation No. 12-95-46238
1.
1 (hereinafter referred as "the Accusation") is presently pending
2 against Ryszard Chetkowski, M.D. (hereinafter referred to as the
3 "respondent"), physician and surgeon's certificate number G-47258
4 before the Division of Medical Quality of the Medical Board of
5 California (hereinafter referred to as the "Division").
6 2. The complainant in said Accusation, Ron Joseph, is
7 the Executive Director of the Board and brought said Accusation
8 in his official capacity only.
9 3. Respondent has fully discussed with his attorneys,
10 Robert Sullivan and Penelope Cooper, the charges and allegations
11 contained in the Accusation and therefore has been fully advised
12 concerning his rights in this matter.
13 4. Respondent's license history and status as set
14 forth in paragraph 2 of the Accusation is true and correct and
15 respondent's address of record is as set forth in the caption of
16 this Stipulation. (A copy of said Accusation is attached as
17 Exhibit A and incorporated by reference in this stipulation.)
18 5. This settlement resolves a contested matter. It
19 does not constitute an admission of liability on any of the
20 allegations contained in the Third Amended Accusation. It shall
21 not be admissible for any purpose in legal proceedings, except
22 those between respondent and the Board.
23 6. For purposes of the settlement of the action
24 pending against respondent in case No. 12-95-46238 and to avoid a
25 lengthy administrative hearing, respondent agrees to comply with
26 the following:
27 A. COMPETENCY EXAMINATION
2.
1 (1) Within six months following the effective date of
2 this stipulation, respondent shall, at his own expense, take and
3 pass an oral clinical examination. This examination is
4 voluntarily taken by respondent.as part of a negotiated
5 settlement of the charges in the Third Amended Accusation. Said
6 oral clinical examination shall be conducted according to the
7 procedures outlined in Business and Professions Code section
8 2293. The examination shall be administered by three physician
9 examiners selected by the Division or its designee. Each of the
10 three physician examiners shall be board certified in
11 obstetrics/gynecology. The examiners shall test for medical
12 knowledge in obstetrics/gynecology with special emphasis on the
13 performance of pelvic examinations and ultrasound procedures. The
14 examination shall be tape recorded.
15 (2) A failing grade from two of the examiners shall
16 constitute a failure of an examination. In the event of a
17 failure, the board shall supply a true and correct copy of a tape
18 of the examination to respondent. If respondent fails the
19 examination, within 45 days following receipt of the tape of the
20 examination, he may request a hearing before an administrative
21 law judge as designated in Government Code section 11371 to
22 determine whether he is entitled to take a second examination.
23 Any such hearing shall be held in accordance with the
24 Administrative Procedures Act, and shall be limited to the
25 determination of the fairness of the examination. Upon a finding
26 that the examination or procedure is unfair or that one or more
27 of the examiners manifested a bias towards respondent, a
3.
1 reexamination shall be ordered.
2 B. EDUCATION
3 (1) Respondent shall successfully complete a Division-
4 approved educational course in the field of gynecologic/pelvic
5 examination in the practice of reproductive endocrinology.
6 Respondent shall propose the course and submit it to the Division
7 for its approval within 30 days after this Stipulation becomes
8 effective. Respondent shall complete the course within 6 months
9 of the effective date of this Stipulation. The course shall
10 include both a didactic and clinical instruction. Respondent
11 shall be examined on his performance in this course.
12 C. COMMUNICATION TRAINING
13 (1) Within six (6) months of the effective date of
14 this Stipulation, respondent shall complete a course in
15 communication and sensitivity training that emphasizes the
16 patient's perception of the physician-patient relationship. This
17 training course shall be no less than 10 hours in length and
18 shall be approved in advance by the Division or its designee.
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D. COSTS OF INVESTIGATION
(1) Respondent shall pay the sum of $5,000.00 (five
21 thousand) to the Division or its designee for the costs of
22 investigation and prosecution of this case. These costs shall be
23 paid in fu1l. within six (6) months of the effective date of
24 Stipulation.
25 7. In the event respondent passes the oral competency
26 examination (or reexamination as applicable) , successfully
27 completes the education requirement, successfully completes the
4 .
1 communication training requirement, and pays cost recovery,
2 respondent agrees to the following:
3 (a) Respondent waives each of his rights, including
4 the right to a hearing on the charges and allegations; his right
5 to confront and cross-examine witnesses who would testify against
6 his; his right to present evidence in his favor or to call
7 witnesses on his behalf, or to so testify himself; his right to
8 contest the charges and allegations and any other rights which
9 may be accorded his pursuant to the California Administrative
10 Procedure Act (Government Code §11500 et seq.); his right to
11 reconsideration, appeal to superior court and to any other or
12 further appeal.
13 (b) Respondent admits that there is jurisdiction for
14 the Board under section 2234 of the Business and Professions Code
15 to enter into this stipulation and to impose a public letter of
16 reprimand upon his certificate of licensure to practice medicine
17 pursuant to section 2233 of the Business and Professions Code.
18 (c) The Division shall withdraw Accusation No. 12-95-
19 46238 heretofore filed, and respondent shall be publicly
20 reprimanded by way of a letter issued by the Executive Director
21 of the Medical Board under section 2233 of the Business and
22 Professions Code. Said public letter of reprimand shall be in
23 the same form as the letter attached as Exhibit B hereto.
24 8. In the event respondent fails the oral competency
25 examination and is not afforded the right to reexamination, or in
26 the event he fails to pass a reexamination, or fails to
27 successfully complete the additional course of education, or
5.
1 fails to successfully complete the communication training or
2 fails to pay cost recovery:
3 (a) Accusation No. 12-95-46238 shall be reinstated and
4 another accusation may be filed charging the respondent with,
5 including, but not limited to, incompetency under section 2234(d)
6 and/or general unprofessional conduct in violation of Business
7 and Professions Code section 2234.
8 (b) The findings and conclusions reported by the
9 physicians conducting the oral competency examination may be
10 received as evidence in the administrative hearing on the
11 Accusation. In the event the Accusation is so reinstated,
12 respondent specifically waives any claim of laches in the
13 prosecution of the action.
14 9. IT IS FURTHER STIPULATED AND AGREED that the terms
15 set forth herein shall be null and void, and in no way binding
16 upon the parties hereto, unless and until accepted by the Medical
17 Board of California. Respondent further agrees that in addition
18 to submitting this stipulation to the Board for acceptance and
19 adoption, counsel for complainant may also submit to the Board a
20 memorandum recommending the stipulation's adoption. Respondent
21 agrees that the memorandum recommending adoption shall not, under
22 any circumstances, be discoverable or disclosed to respondent.
23 ACCEPTANCE
24 I HEREBY CERTIFY that I have read this Stipulation for
25 Settlement in its entirety, that I fully understand the terms of
26 this Stipulation, and I voluntarily agree to them.
27 IN WITNESS THEREOF, I affix my signature this /z~ day
6.
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of
RYSZARD CHETKOWSKI Respondent
I have fully discussed with respondent Ryszard
Chetkowski, M.D. the terms and conditions and other matters
contained in the above Stipulated Settlement and Decision and
approve its form
DATED:
and content.
~(!1/ct1-
··/)~~ ROBERT SULLIVAN Attorney for Respondent
15 I have fully discussed with respondent Ryszard
16 Chetkowski, M.D. the terms and conditions and other matters
17 contained in the above Stipulated Settlement and Decision and
18 approve its form and content.
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23 ENDORSEMENT
24 The foregoing Stipulated Settlement and Decision is
25 hereby respectfully submitted for consideration of the Division
26 of Medical Quality, Medical Board of California, Department of
27
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1 Consumer Affairs pursuant to Business and Professions Code
2 section 2233 for consideration and approval.
3 DATEDo ,/kfUtch 11, fftJ 4
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General
Deputy Attorney General
DECISION AND ORDER
The above Stipulation for Settlement is adopted and
shall become the decision of the Medical Board of California,
Division of Medical Quality effective __ M_a..::..y_1'_1o.:._' ______ , 19 9 7.
IT IS SO ORDERED this _]..Sth day of __ nAp~rLlw.lL-___ , 1997.
IRA LUBELL, M.D. Division of Medical Quality Medical Board of California
8.
EXHIBIT A
1 DANIEL E. LUNGREN, Attorney General of the State of California
2 SUSAN KAY MEADOWS (State Bar No. 115092) Deputy Attorney General
3 California Department of Justice 50 Fremont Street, Suite 300
4 San Francisco, California 94105 Telephone: (415) 356-6282
5 Attorneys for Complainant
6
7 BEFORE THE
8
9
DIVISION OF MEDICAL QUALITY MEDICAL BOARD OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA
10
11 In the Matter of the Accusation Against:
12
Case No. OAH. No.
12-95-46238 N9604036
Ryszard Chetkowski, M.D. 13 2999 Regent Street, #101-A
27 27. Respondent's conduct as set forth above in all
7.
1 Causes for Discipline whether jointly, or in any combination
2 thereof, constitutes cause for discipline pursuant to sections
3 2234 (c) (repeated negligent acts) and 2234 (unprofessional
4 conduct) of the Code.
5 PRAYER
6 ~REFORE, the complainant requests that a hearing be
7 held on the matters herein alleged, and that following the
8 hearing, the Division issue a decision:
9 1. Revoking or suspending License Number G47258
10 heretofore issued to respondent Ryszard J. Chetkowski;
11 2 . Revoking, suspending or denying approval of the
12 respondent's authority to supervise physician's assistants,
13 pursuant to Business and Professions Code section 3527;
14 3. Ordering respondent to pay the Division the actual
15 and reasonable costs of the investigation and enforcement of this
16 case under section 125.3 of the Code;
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4 . Taking such other and further action as the
Division deems necessary and proper.
DATED: frl Mt.JJ J-1 I ~fl 7 I
Executive Director Medical Board of California Department of Consumer Affairs State of California
Complainant
8.
EXHIBIT B
Ryszard Chetk:owski, M.D. 2999 Regent Street, #101-A Berkeley, CA 94705
EXHIBITB
PROPOSED LETTER OF REPRIMAND
re: Letter of Reprimand in Case No. 12-95-46238, entitled, In the Matter of the Accusation Against Ryszard Chetk:owski, M.D., Certificate No. G47258.
Dear Dr. Chetk:owski:
On or about March 5, 1997, the Medical Board of California filed a Third Amended Accusation No. 12-95-46238 (hereinafter the "Accusation") against your license to practice medicine. This Accusation was based on allegations concerning the performance of pelvic examinations and infertility procedures in your practice.
It has been decided by the Division of Medical Quality of the Medical Board for California pursuant to Business and Professions Code section 2233 that a Public Letter of Reprimand shall be issued in this case. It has been determined that by your successful completion of an oral competency examination in the performance of pelvic examinations and ultrasound procedures, and your successful completion of additional education courses and communication training that you have demonstrated competency in your area of practice.
WHEREFORE, pursuant to the authority of section 2233 of the Business and Professions Code, the Division of Medical Quality of the Medical Board of California hereby withdraws Third Amended Accusation No. 12-95-46238 and issues a public letter of reprimand in this matter, and understands from your conduct and representations that due to the knowledge and insight you have gained, no future violations of the Business and Professions Code will occur.
Very truly yours,
Ron Joseph Executive Direcotr Medical Board of California