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BEFORE THE MEDICAL BOARD OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA
In the Matter of the Amended Accusation Against:
NEAL MEHRA, M.D.
Physician's and Surgeon's Certificate No. A 95686
Respondent
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Case No. 800-2014-003821
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 5:00p.m. on September 16, 2016.
IT IS SO ORDERED: August 17,2016.
MEDICAL BOARD OF CALIFORNIA
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KAMALA D. HARRIS Attorney General of California
2 VLADIMIR SHALKEVICH Acting Supervising Deputy Attorney General
3 MEGAN R. O'CARROLL Deputy Attorney General
4 State Bar No. 2154 79 1300 I Street, Suite 125
5 P.O. Box 944255 Sacramento, CA 94244-2550
6 Telephone: (916) 324-5288 Facsimile: (916) 327-2247
7 Attorneys for Complainant
8 BEFORETHE MEDICAL BOARD OF CALIFORNIA
9 DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA
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In the Matter of the Accusation Against:
NEAL MEHRA, M.D. 5150 Fair Oaks Blvd., Ste. 101/135 Carmichael, CA 95608-5758
Physician's and Surgeon's Certificate No. A 95686
Respondent.
Case No. 800-2014-003821
OAH No. 2015100663
STIPULATED SETTLEMENT AND DISCIPLINARY ORDER
18 IT IS HEREBY STIPULATED AND AGREED by and between the parties to the above-
19 entitled proceedings that the following matters are true:
20 PARTIES
21 1. Kimberly Kirchmeyer (Complainant) is the Executive Director of the Medical Board
22 of California. She brought this action solely in her official capacity and is represented in this
23 matter by Kamala D. Harris, Attorney General of the State of California, by Megan R. O'Carroll,
24 Deputy Attorney General.
25 2. Respondent Neal Mehra, M.D. ("Respondent") is represented in this proceeding by
26 attorney Mitchell Green, whose address is: 50 California Street, 34th Floor, San Francisco, CA
27 94111-4707.
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3. On or about May 26, 2006, the Medical Board of California issued Physician's and
Surgeon's Certificate No. A 95686 to Neal Mehra, M.D. (Respondent). The Physician's and
Surgeon's Certificate was in full force and effect at all times relevant to the charges brought in
Accusation No. 800-2014-003821, and will expire on September 30,2017, unless renewed.
JURISDICTION
4. Accusation No. 800-2014-003821 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
September 17, 2015. Respondent timely filed his Notice of Defense contesting the Accusation.
5. A copy of Amended Accusation No. 800-2014-003821 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 Amended Accusation No. 800-2014-003821. 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 his legal rights in this matter, including the right to a
18 hearing on the charges and allegations in the Amended Accusation; the right to confront and
19 cross-examine the witnesses against him; the right to present evidence and to testify on his own
20 behalf; the right to the issuance of subpoenas to compel the attendance of witnesses and the
21 production of documents; the right to reconsideration and court review of an adverse decision;
22 and all other rights accorded by the California Administrative Procedure Act and other applicable
23 laws.
24 8. Respondent voluntarily, knowingly, and intelligently waives and gives up each and
25 every right set forth above.
26 CULPABILITY
27 9. Respondent admits the truth of each and every charge and allegation in Amended
28 Accusation No. 800-2014-003821.
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10. Respondent agrees that his Physician's and Surgeon's Certificate is subject to
2 discipline and he agrees to be bound by the Board's probationary terms as set forth in the
3 Disciplinary Order below.
4 RESERVATION
5 11. The admissions made by Respondent herein are only for the purposes of this
6 proceeding, or any other proceedings in which the Medical Board of California or other
7 professional licensing agency is involved, and shall not be admissible in any other criminal or
8 civil proceeding.
9 CONTINGENCY
10 l 2. This stipulation shall be subject to approval by the Medical Board of California.
11 Respondent understands and agrees that counsel for Complainant and the staff of the Medical
12 Board of California may communicate directly with the Board regarding this stipulation and
13 settlement, without notice to or participation by Respondent or his counsel. By signing the
14 stipulation, Respondent understands and agrees that he may not withdraw his agreement or seek
15 to rescind the stipulation prior to the time the Board considers and acts upon it. If the Board fails
16 to adopt this stipulation as its Decision and Order, the Stipulated Settlement and Disciplinary
17 Order shall be of no force or effect, except for this paragraph, it shall be inadmissible in any legal
18 action between the parties, and the Board shall not be disqualified from further action by having
19 considered this matter.
20 13. The parties understand and agree that PortableDocument Format (PDF) and facsimile
21 copies of this Stipulated Settlement and Disciplinary Order, including PDF and facsimile
22 signatures thereto, shall have the same force and effect as the originals.
23 14. In consideration of the foregoing admissions and stipulations, the parties agree that
24 the Board may, without further notice or formal proceeding, issue and enter the following
25 Disciplinary Order:
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DISCIPLINARY ORDER
2 lT IS HEREBY ORDERED that Physician's and Surgeon's Certificate No. A 95686 issued
3 to Respondent Neal Mehra, M.D. is revoked. However, the revocation is stayed and Respondent
4 is placed on probation for four ( 4) years on the following terms and conditions.
5 1. CONTROLLED SUBSTANCES -ABSTAIN FROM USE. Respondent shall abstain
6 completely from the personal use or possession of controlled substances as defined in the
7 California Uniform Controlled Substances Act, dangerous drugs as defined by Business and
8 Professions Code section 4022, and any drugs requiring a prescription. This prohibition does not
9 apply to medications lawfully prescribed to Respondent by another practitioner for a bona fide
10 illness or condition.
11 Within 15 calendar days of receiving any lawfully prescribed medications, Respondent
12 shall notify the Board or its designee of the: issuing practitioner's name, address, and telephone
13 number; medication name, strength, and quantity; and issuing pharmacy name, address, and
] 4 telephone number.
15 If Respondent has a confirmed positive biological fluid test for any substance (whether or
16 not legally prescribed) and has not reported the use to the Board or its designee, Respondent
17 shall receive a notification from the Board or its designee to immediately cease the practice of
18 medicine. The Respondent shall not resume the practice of medicine until final decision on an
19 accusation and/or a petition to revoke probation. An accusation and/or petition to revoke
20 probation shall be filed by the Board within 15 days of the notification to cease practice. Ifthe
2 J Respondent requests a hearing on the accusation and/or petition to revoke probation, the Board
22 shall provide the Respondent with a hearing within 30 days of the request, unless the Respondent
23 stipulates to a later hearing. A decision shall be received from the Administrative Law Judge or
24 the Board within 15 days unless good cause can be shown for the delay. The cessation of practice
25 shall not apply to the reduction of the probationary time period.
26 If the Board does not file an accusation or petition to revoke probation within 15 days of the
27 issuance of the notification to cease practice or does not provide Respondent with a hearing
28 within 30 days of a such a request, the notification of cease practice shall be dissolved.
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2. ALCOHOL - ABSTAIN FROM USE. Respondent shall abstain completely from the
2 use of products or beverages containing alcohol.
3 If Respondent has a confirmed positive biological fluid test for alcohol, Respondent shall
4 receive a notification from the Board or its designee to immediately cease the practice of
5 medicine. The Respondent shall not resume the practice of medicine tmtil final decision on an
6 accusation and/or a petition to revoke probation. An accusation and/or petition to revoke
7 probation shall be filed by the Board within 15 days of the notification to cease practice. If the
8 Respondent requests a .hearing on the accusation and/or petition to revoke probation, the Board
9 shall provide the Respondent with a hearing within 30 days of the request, unless the Respondent
10 stipulates to a later hearing. A decision shall be received from the Administrative Law Judge or
11 the Board within 15 days unless good cause can be shown for the delay. The cessation of practice
12 shall not apply to the reduction of the probationary time period.
13 If the Board does not file an accusation or petition to revoke probation within 15 days of the
14 issuance of the notification to cease practice or does not provide Respondent with a hearing
15 within 30 days of a such a request, the notification of cease practice shall be dissolved.
16 3. PROFESSIONALISM PROGRAM (ETHICS COURSE). Within 60 calendar days of
17 the effective date of this Decision, Respondent shall enroll in a professionalism program, that
18 meets the requirements of Title 16, California Code of Regulations (CCR) section 1358.
19 Respondent shall participate in and successfully complete that program. Respondent shall
20 provide any information and documents that the program may deem pertinent. Respondent shall
21 successfully complete the classroom component of the program not later than six ( 6) months after
22 Respondent's initial enrollment, and the longitudinal component of the program not later than the
23 time specified by the pro gram, but no later than one (1) year after attending the classroom
24 component. The professionalism program shall be at Respondent's expense and shall be in
25 addition to the Continuing Medical Education (CME) requirements for renewal of licensure.
26 A pwfessionalism program taken after the acts that gave rise to the charges in the
27 Accusation, but prior to the effective date of the Decision may, in the sole discretion of the Board
28 or its designee, be accepted towards the fulfillment of this condition if the program would have
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1 been approved by the Board or its designee had the program been taken after the effective date of
2 this Decision.
3 Respondent shall submit a certification of successful completion to the Board or its
4 designee not later than 15 calendar days after successfully completing the program or not later
5 than 15 calendar days after the effective date of the Decision, whichever is later.
6 4. PSYCHOTHERAPY. Within 60 calendar days of the effective date of this Decision,
7 Respondent shall submit to the Board or its designee for prior approval the name and
8 qualifications of a California-licensed board certified psychiatrist or a licensed psychologist who
9 has a doctoral degree in psychology and at least five years of postgraduate experience in the
10 diagnosis and treatment of emotional and mental disorders. Upon approval, Respondent shall
11 undergo and continue psychotherapy treatment, including any modifications to the frequency of
12 psychotherapy, until the Board or its designee deems that no further psychotherapy is necessary.
13 The psychotherapist shall consider any information provided by the Board or its designee
14 and any other information the psychotherapist deems relevant and shall furnish a written
15 evaluation report to the Board or its designee. Respondent shall cooperate in providing the
16 psychotherapist any information and documents that the psychotherapist may deem pertinent.
17 Respondent shall have the treating psychotherapist submit quarterly status reports to the
18 Board or its designee. The Board or its designee may require Respondent to undergo psychiatric
19 evaluations by a Board-appointed board certified psychiatrist. If, prior to the completion of
20 probation, Respondent is found to be mentally unfit to resume the practice of medicine without
21 restrictions, the Board shall retain continuing jurisdiction over Respondent's license and the
22 period of probation shall be extended until the Board determines that Respondent is mentally fit
23 to resume the practice of medicine without restrictions.
24 Respondent shall pay the cost of all psychotherapy and psychiatric evaluations.
25 5. NOTICE OF EMPLOYER OR SUPERVISOR INFORMATION
26 Within seven (7) days of the effective date of this Decision, respondent shall provide to the
27 Board the names, physical addresses, mailing addresses, and telephone numbers of any and all
28 employers and supervisors. Respondent shall also provide specific, written consent for the Board,
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respondent's worksite monitor, and respondent's employers and supervisors to communicate
regarding respondent's work status, performance, and monitoring.
For purposes of this section, "supervisors" shall include the Chief of Staff and Health or
Well Being Committee Chair, or equivalent, if applicable, when the respondent has medical staff
privileges.
6. BIOLOGICAL FLUID TESTING
Respondent shall immediately submit to 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. Respondent shall make daily contact with the Board or its designee to
determine whether biological fluid testing is required. Respondent shall be tested on the date of
the notification as directed by the Board or its designee. The Board may order a respondent to
undergo a biological fluid test on any day, at any time, including weekends and holidays. Except
when testing on a specific date as ordered by the Board or its designee, the scheduling of
biological fluid testing shall be done on a random basis. The cost of biological fluid testing shall
be borne by the respondent.
A cetiified copy of any laboratory test result may be received in evidence in any
proceedings between the Board and Respondent.
During the first year of probation, respondent shall be subject to 52 to 104 random tests.
During the second year of probation and for the duration of the probationary term, up to five (5)
years, respondent shall be subject to 36 to 104 random tests per year. Only ifthere has been no
positive biological fluid tests in the previous five (5) consecutive years of probation, may testing
be reduced to one (1) time per month. Nothing precludes the Board from increasing the number
of random tests to the first-year level of frequency for any reason.
Prior to practicing medicine, respondent shall contract with a laboratory or service,
approved in advance by the Board or its designee, that will conduct random, unatmounced,
observed, biological fluid testing and meets all the following standards:
(a) Its specimen collectors are either certified by the Drug and Alcohol Testing
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1 Industry Association or have completed the training required to serve as a collector for the
2 United States Department of Transportation.
3 (b) Its specimen collectors conform to the current United States Department of
4 Transportation Specimen Collection Guidelines.
5 (c) Its testing locations comply with the Urine Specimen Collection Guidelines
6 published by the United States Department of Transportation without regard to the type of
7 test administered.
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Its specimen collectors observe the collection of testing specimens.
Its laboratories are certified and accredited by the United States Department of
10 Health and Human Services.
11 (f) Its testing locations shall submit a specimen to a laboratory within one (1) business
12 day of receipt and all specimens collected shall be handled pursuant to chain of custody
13 procedures. The laboratory shall process and analyze the specimens and provide legally
14 defensible test results to the Board within seven (7) business days of receipt of the specimen. The
15 Board will be notified of non-negative results within one (1) business day and will be notified of
16 negative test results within seven (7) business days.
17 (g) Its testing locations possess all the materials, equipment, and technical expertise
18 necessary in order to test respondent on any day of the week.
19 (h) Its testing locations are able to scientifically test for urine, blood, and hair
20 specimens for the detection of alcohol and illegal and controlled substances.
21 (i) It maintains testing sites located throughout California.
22 G) It maintains an automated 24-hour toll-free telephone system and/or a secure on-
23 line computer data\Jase that allows the respondent to check in daily for testing.
24 (k) It maintains a secure, HIPAA-compliant website or computer system that allows
25 staff access to drug test results and compliance reporting information that is available 24 hours a
26 day.
27 (1) It employs or contracts with toxicologists that are licensed physicians and have
28 knowledge of substance abuse disorders and the appropriate medical training to interpret and
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evaluate laboratory biological fluid test results, medical histories, and any other information
2 relevant to biomedical infom1ation.
3 (m) It will not consider a toxicology screen to be negative if a positive result is
4 obtained while practicing, even if the respondent holds a valid prescription for the substance.
5 Prior to changing 'testing locations for any reason, including during vacation or other travel,
6 alternative testing locations must be approved by the Board and meet the requirements above.
7 The contract shall require that the laboratory directly notify the Board or its designee of
8 non- negative results within one (1) business day and negative test results within seven (7)
9 business days of the results becoming available. Respondent shall maintain this laboratory or
10 service contract during the period of probation.
11 A certified copy of any laboratory test result may be received in evidence in any
12 proceedings between the Board and respondent.
13 lf a biological fluid test result indicates respondent has used, consumed, ingested, or
14 administered to himself or herself a prohibited substance, the Board shall order respondent to
15 cease practice and instruct respondent to leave any place of work where respondent is practicing
16 medicine or providing medical services. The Board shall immediately notify all of respondent's
17 employers, supervisors and work monitors, if any, that respondent may not practice medicine or
18 provide medical services while the cease-practice order is in effect.
19 A biological fluid test will not be considered negative if a positive result is obtained while
20 practicing, even if the practitioner holds a valid prescription for the substance. If no prohibited
21 substance use exists, the Board shall lift the cease-practice order within one ( 1) business day.
22 After the issuance of a cease-practice order, the Board shall determine whether the positive
23 biological fluid test is in fact evidence of prohibited substance use by consulting with the
24 specimen collector and the laboratory, communicating with the licensee, his or her treating
25 physician(s), other health care provider, or group facilitator, as applicable.
26 For purposes of this condition, the terms "biological fluid testing" and "testing" mean the
27 acquisition and chemical analysis of a respondent's urine, blood, breath, or hair.
28 For purposes of this condition, the term "prohibited substance'' means an illegal drug, a
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lawful drug not prescribed or ordered by an appropriately licensed health care provider for use by
2 respondent and approved by the Board, alcohol, or any other substance the respondent has been
3 instructed by the Board not to use, consume, ingest, or administer to himself or herself.
4 If the Board confirms that a positive biological fluid test is evidence of use of a prohibited
5 substance, respondent has committed a major violation, as defined in section 1361.52(a), and the
6 Board shall impose any or all of the consequences set forth in section 1361.52(b ), in addition to
7 any other terms or conditions the Board determines are necessary for public protection or to
8 enhance respondent's rehabilitation.
9 In consideration of Respondent's fulfillment of criteria set forth by Code of Regulations,
10 title 16, section 1361.5(3)(1)(2) (Violation(s) Outside of Employment) and 1361.5(3)(1)(1)
11 (Previous Testing Orders/Sobriety), Respondent is permitted to bypass the first-year testing
12 frequency requirements set forth above. Accordingly, the second-year testing frequency
13 requirements will apply upon Respondent's commencement ofprobation.
14 7. SUBSTANCE ABUSE SUPPORT GROUP MEETINGS
15 Within thitiy (30) days ofthe effective date ofthis Decision, respondent shall submit to the
16 Board or its designee, for its prior approval, the name of a substance abuse support group which
17 he or she shall attend for the duration of probation. Respondent shall attend substance abuse
18 support group meetings at least once per week, or as ordered by the Board or its designee.
19 Respondent shall pay all substance abuse support group meeting costs.
20 The facilitator of the substance abuse support group meeting shall have a minimum of
21 three (3) years' experience in the treatment and rehabilitation of substance abuse, and shall be
22 licensed orcertified by the state or nationally certified organizations. The facilitator shall not
23 have a currentor former financial, personal, or business relationship with respondent within the
24 last five (5) years. Respondent's previous participation in a substance abuse group support
25 meeting led by the same facilitator does not constitute a prohibited current or former financial,
26 personal, or business relationship.
27 The facilitator shall provide a signed document to the Board or its designee showing
28 respondent's name, the group name, the date and location of the meeting, respondent's attendance,
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and respondent's level of participation and progress. The facilitator shall report any unexcused
2 absence by respondent fro':1 any substance abuse support group meeting to the Board, or its
3 designee, within twenty-four (24) hours of the unexcused absence.
4 8. WOIU<SITE MONITOR FOR SUBSTANCE-ABUSING LICENSEE
5 Within thirty (30) calendar days of the effective date ofthis Decision, respondent shall
6 submit to the Board or its designee for prior approval as a worksite monitor, the name and
7 qualifications of one or more licensed physician and surgeon, other licensed health care
8 professional if no physician and surgeon is available, or, as approved by the Board or its designee,
9 a person in a position of authority who is capable of monitoring the respondent at work.
10 The worksite monitor shall not have a current or former financial, personal, or familial
11 relationship with respondent, or any other relationship that could reasonably be expected to
12 compromise the ability ofthe monitor to render impartial and unbiased reports to the Board or its
13 designee. If it is impractical for anyone but respondent's employer to serve as the worksite
14 monitor, this requirement may be waived by the Board or its designee, however, under no
15 circumstances shall respondent's worksite monitor be an employee or supervisee of the licensee.
16 The worksite monitor shall have an active unrestricted license with no disciplinary action
17 within the last five (5) years, and shall sign an affirmation that he or she has reviewed the terms
18 and conditions of respondent's disciplinary order and agrees to monitor respondent as set forth by
19 the Board or its designee.
20 Respondent shall pay all worksite monitoring costs.
21 The worksite monitor shall have face-to-face contact with respondent in the work
22 environment on as frequent a basis as determined by the Board or its designee, but not less than
23 once per week; interview other staff in the office regarding respondent's behavior, if requested by
24 the Board or its designee; and review respondent's work attendance.
25 The worksite monitor shall verbally report any suspected substance abuse to the Board
26 and respondent's employer or supervisor within one ( 1) business day of occurrence. If the
27 suspected substance abuse does not occur during the Board's normal business hours, the verbal
28 report shall be made to the Board or its designee within one (1) hour of the next business day. A
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written report that includes the date, time, and location of the suspected abuse; respondent's
2 actions; and any other information deemed important by the worksite monitor shall be submitted
3 to the Board or its designee within 48 hours of the occurrence.
4 The worksite monitor shall complete and submit a written report monthly or as directed by
5 the Board or its designee which shall include the following: (1) respondent's name and Physician's
6 and Surgeon's Certificate number; (2) the worksite monitor's name and signature; (3) the worksite
7 monitor's license number, if applicable; (4) the location or location(s) of the worksite; (5) the
8 dates respondent had facc~to-face contact with the worksite monitor; (6) the names ofworksite
9 staff interviewed, if applicable; (7) a report of respondent's work attendance; (8) any change in
10 respondent's behavior and/or personal habits; and (9) any indicators that can lead to suspected
11 substance abuse by respondent. Respondent shall complete any required consent forms and
12 execute agreements with the approved worksite monitor and the Board, or its designee,
13 authorizing the Board, or its designee, and worksite monitor to exchange information.
14 If the worksite monitor resigns or is no longer available, respondent shall, within five (5)
15 calendar days of such resignation or unavailability, submit to the Board or its designee, for prior
16 approval, the name and qualifications of a replacement monitor who will be assuming that
17 responsibility within fifteen (15) calendar days. If respondent fails to obtain approval of a
18 replacement monitor within sixty (60) calendar days of the resignation or unavailability of the
19 monitor, respondent shall receive a notification from the Board or its designee to cease the
20 practice of medicine within three (3) calendar days after being so notified. Respondent shall
21 cease the practice of medicine until a replacement monitor is approved and assumes monitoring
22 responsibility.
23 9. NOTIFICATION. Within seven (7) days of the effective date ofthis Decision, the
24 Respondent shall provide a true copy of this Decision and Accusation to the Chief of Staff or the
25 Chief Executive Officer at every hospital where privileges or membership arc extended to
26 Respondent, at any other facility where Respondent engages in the practice of medicine,
27 including all physician and locum tenens registries or other similar agencies, and to the Chief
28 Executive Officer at every insurance carrier which extends malpractice insurance coverage to
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Respondent. Respondent shall submit proof of compliance to the Board or its designee within 15
2 calendar days.
3 10. This condition shall apply to any change(s) in hospitals, other facilities or insurance
4 carrier.
5 11. SUPERVISION OF PHYSICIAN ASSISTANTS. During probation, Respondent is
6 prohibited from supervising physician assistants.
7 12. OBEY ALL LAWS. Respondent shall obey all federal, state and local laws, all rules
8 governing the practice of medicine in California and remain in full compliance with any court
9 ordered criminal probation, payments, and other orders.
10 13. QUARTERLY DECLARATIONS. Respondent shall submit quarterly declarations \
11 under penalty of perjury on forms provided by the Board, stating whether there has been
12 compliance with all the conditions of probation.
13 Respondent shall submit quarterly declarations not later than 10 calendar days after the end
14 ofthe preceding quarter.
15 14. GENERAL PROBATION REQUIREMENTS.
16 Compliance with Probation Unit
17 Respondent shall comply with the Board's probation unit and all terms and conditions of
18 this Decision.
19 Address Changes
20 Respondent shall, at all times, keep the Board informed of Respondent's business and
21 residence addresses, email address (if available), and telephone number. Changes of such
22 addresses shall be immediately communicated in writing to the Board or its designee. Under no
23 circumstances shall a post office box serve as an address of record, except as allowed by Business
24 and Professions Code section 2021 (b).
25 Place of Practice
26 Respondent shall not engage in the practice of medicine in Respondent's or patient's place
27 of residence, unless the patient resides in a skilled nursing facility or other similar licensed
28 facility.
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License Renewal
2 Respondent shall maintain a current and renewed California physician's and surgeon's
3 license.
4 Travel or Residence Outside California
5 Respondent shall immediately inform the Board or its designee, in writing, of travel to any
6 areas outside the jurisdiction of California which lasts, or is contemplated to last, more than thirty
7 (30) calendar days.
8 In the event Respondent should leave the State of California to reside or to practice
9 Respondent shall notify the Board or its designee in writing 30 calendar days prior to the dates of
1 0 departure and return.
11 15. INTERVIEW WITH THE BOARD OR ITS DESIGNEE. Respondent shall be
12 available in person upon request for interviews either at Respondent's place of business or at the
13 probation unit office, with or without prior notice throughout the term of probation.
14 16. NON-PRACTICE WHILE ON PROBATION. Respondent shall notify the Board or
15 its designee in writing within 15 calendar days of any periods of non-practice lasting more than
16 30 calendar days and within 15 calendar days of Respondent's return to practice. Non-practice is
1 7 defined as any period of time Respondent is not practicing medicine in California as defined in
18 Business and Professions Code sections 2051 and 2052 for at least 40 hours in a calendar month
19 in direct patient care, clinical activity or teaching, or other activity as approved by the Board. All
20 time spent in an intensive training program which has been approved by the Board or its designee
21 shall not be considered non-practice. Practicing medicine in another state of the United States or
22 Federal jurisdiction while on probation with the medical licensing authority ofthat state or
23 jurisdiction shall not be considered non-practice. A Board-ordered suspension of practice shall
24 not be considered as a period of non-practice.
25 In the event Respondent's period of non-practice while on probation exceeds 18 calendar
26 months, Respondent shall successfully complete a clinical training program that meets the criteria
27 of Condition 18 ofthe current version ofthe Board's "Manual of Model Disciplinary Orders and
28 Disciplinary Guidelines" prior to resuming the practice of medicine.
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Respondent's period of non-practice while on probation shall not exceed two (2) years.
2 Periods of non-practice will not apply to the reduction of the probationary term.
3 Periods of non-practice will relieve Respondent of the responsibility to comply with the
4 probationary terms and conditions with the exception of this condition and the following terms
5 and conditions of probation: Obey All Laws; and General Probation Requirements.
6 17. COMPLETION OF PROBATION. Respondent shall comply with all financial
7 obligations (e.g., restitution, probation costs) not later than 120 calendar days prior to the
8 completion of probation. Upon successful completion of probation, Respondent's certificate shall
9 be fully restored.
10 18. VIOLATION OF PROBATION. Failure to fully comply with any term or condition
11 of probation is a violation of probation. If Respondent violates probation in any respect, the
12 Board, after giving Respondent notice and the opportunity to be heard, may revoke probation and
13 carry out the disciplinary order that was stayed. If an Accusation, or Petition to Revoke
14 Probation, or an Interim Suspension Order is filed against Respondent during probation, the
15 Board shall have continuing jurisdiction until the matter is final, and the period of probation shall
16 be extended until the matter is final.
17 19. Failure to fully comply with any term or condition of probation is a violation of
18 probation.
19 A. If respondent commits a major violation of probation as defined by section
20 1361.52, subdivision (a), of Title 16 of the California Code of Regulations, the Board shall
21 take one or more of the following actions:
22 ( 1) Issue an immediate cease-practice order and order respondent to undergo a clinical
23 diagnostic evaluation to be conducted in accordance with section 1361.5, subdivision (c)(l), of
24 Title 16 of the California Code of Regulations, at respondent's expense. The cease-practice order
25 issued by the Board or its designee shall state that respondent must test negative for at least a
26 month of continuous biological fluid testing before being allowed to resume practice. For
27 purposes of the determining the length of time a respondent must test negative while undergoing
28 continuous biological fluid testing following issuance of a cease-practice order, a month is
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STIPULATED SETTLEMENT (800-2014-003821)
Page 17
defined as thirty calendar (3 0) days. Respondent may not resume the practice of medicine until
2 notified in writing by the Board or its designee that he or she may do so.
3 (2) Increase the frequency of biological fluid testing.
4 (3) Refer respondent for further disciplinary action, such as suspension, revocation, or
5 other action as determined by the Board or its designee. (Cal. Code Regs., tit. 16, § 1361.52,
6 subd. (b).)
7 B. If respondent commits a minor violation of probation as defined by section
8 1361.52, subdivision (c), of Title 16 ofthe California Code of Regulations, the Board shall take
9 one or more of the following actions:
10 (1) Issue a cease-practice order;
11 (2) Order practice limitations;
12 (3) Order or increase supervision of respondent;
13 ( 4) Order increased documentation;
14 (5) Issue a citation and fine, or a warning letter;
15 (6) Order respondent to undergo a clinical diagnostic evaluation to be conducted in
16 accordance with section 1361.5, subdivision (c)(l ), of Title 16 of the California Code of
17 Regulations, at respondent's expense;
18 (7) Take any other action as determined by the Board or its designee. (Cal. Code
19 Regs., tit. 16, § 1361.52, subd. (d).)
20 C. Nothing in this Decision shall be considered a limitation on the Board's authority
21 to revoke respondent's probation if he or she has violated any term or condition of probation. (See
22 Cal. Code Regs., tit. 16, § 1361.52, subd. (e).) If respondent violates probation in any respect, the
23 Board, after giving respondent notice and the opportunity to be heard, may revoke probation and
24 carry out the disciplinary order that was stayed. If an Accusation, or Petition to Revoke
25 Probation, or an Interim Suspension Order is filed against respondent during probation, the Board
26 shall have continuing jurisdiction until the matter is final, and the period of probation shall be
27 extended until the matter is final.
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20. LICENSE SURRENDER. Following the effective date ofthis Decision, if
2 Respondent ceases practicing due to retirement or health reasons or is otherwise unable to satisfy
3 the terms and conditions of probation, Respondent may request to surrender his or her license.
4 The Board reserves the right to evaluate Respondent's request and to exercise its discretion in
5 determining whether or not to grant the request, or to take any other action deemed appropriate
6 and reasonable under the circumstances. Upon formal acceptance of the surrender, Respondent
7 shall within 15 calendar days deliver Respondent's wallet and wall certificate to the Board or its
8 designee and Respondent shall no longer practice medicine. Respondent will no longer be subject
9 to the terms and conditions of probation. If Respondent re-applies for a medical license, the
10 application shall be treated as a petition for reinstatement of a revoked certificate.
11 21. PROBATION MONITORING COSTS. Respondent shall pay the costs associated
12 with probation monitoring each ·and every year of probation, as designated by the Board, which
13 may be adjusted on an annual basis. Such costs shall be payable to the Medical Board of
14 California and delivered to the Board or its designee no later than January 31 of each calendar
15 year.
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2 I have carefully read the above Stipulated Settlement and Disciplinary Order and have fully
3 discussed it with my attorney, Mitchell Green. I understand the stipulation and the effect it will
4 have on my Physician's and Surgeon's Certificate. I enter into this Stipulated Settlement and
5 Disciplinary Order voluntarily, knowingly, and intelligently, and agree to be bound by the
6 Decision and Order of the Medical Board of California.
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DATED: .,-,- /;~ 12" it _Q _____ _ NEAL ~.fEHRA, M.D. Respondent
I have read and fully discussed with Respondent Neal Mehra, M.D. the terms and
I approve its form and content. \ \ 0 DATED: -~\ ID\ l ~
MITCHE E~N Attorneyfor e dent
ENDORSEMENT
The foregoing Stipulated Settlement and Disciplinary Order is hereby respectfully
submitted for consideration by the Medical Board of California.
20 Dated: '-jJ~a;-· :J/1 .}_()/ (:. Respectfully submitted,
KAMALA D. HARRIS 21
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27 SA2015301461
28 32451279.doc
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Attorney General of California VLADIMIR SHALKEVICH Acting Supervising Deputy Attorney General ,,
'J?l~:z l O[%M_;,r!{ M~/N R. O'CARROLL D~ty Attorney General Attorneys for Complainant
STIPULATED SETTLEMENT (800-20 14-003821)
Page 20
Exhibit A
Accusation No. 800-2014-003821
Page 21
1 KAMALA D. HARRIS Attorney General of California
2 VLADIMIR SHALKEVICH Acting Deputy Attorney General
3 MEGAN R. O'CARROLL Deputy Attorney General
4 State Bar No. 215479 1300 I Street, Suite 125
5 P.O. Box944255 Sacramento, CA 94244~2550
6 Telephone: (916) 324-5288 Facsimile: (916) 327-2247
7 Attorneys for Complainant
FILED STATE OF CALIFORNIA
MEDICAL BOARD OF CALIFORNIA
SACRAMjl'!TO ~ 20_11, BY~~ ~\§C ~ALYST
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BEFORE THE MEDICAL BOARD OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA
12 In the Matter of the Accusation Against:
13 Neal Mehra, M.D. 5150 Fair Oaks Blvd., Ste. 101/135
14 Carmichael, CA 95608~5758
Physician's and Surgeon's Certificate No. A 95686,
Respondent.
Complainant alleges:
Case No. 800~2014~003821
OAH No. 2015100663
AMENDED ACCUSATION
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20 PARTIES
21 1. Kimberly Kirchmeyer (Complainant) brings this Amended Accusation solely in her
22 official capacity as the Executive Director of the Medical Board of California, Department of
23 Consumer Affairs (Board).
24 2. On or about May 26, 2006, the Medical Board issued Physician's and Surgeon's
25 Certificate Number A 95686 to Neal Mehra, M.D. (Respondent). The Physician's and Surgeon's
26 Certificate was in full force and effect at all times relevant to the charges brought herein and will
27 expire on September 30, 2017, unless renewed.
28 I I I
(NEAL MEHRA, M.D.) AMENDED ACCUSATION NO. 800-2014-003821
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JURISDICTION
3. This Accusation is brought before the Board, under the authority of the following
laws. All section references are to the Business and Professions Code unless otherwise indicated.
4. Section 2227 of the Code provides that a licensee who is found guilty under the
Medical Practice Act may have his or her license revoked, suspended for a period not to exceed
one year, placed on probation and required to pay the costs of probation monitoring, or such other
action taken in relation to discipline as the Board deems proper.
5. Section 2234 of the Code, states:
"The board shall take action against any licensee who is charged with unprofessional
conduct. In addition to other provisions of this article, unprofessional conduct includes, but is not
limited to, the following:
"(a) Violating or attempting to violate, directly or indirectly, assisting in or abetting the
violation of, or conspiring to violate any provision of this chapter.
"
"(f) Any action or conduct which would have warranted the denial of a certificate.
" "
6. Section 2239 of the Code states:
"(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 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 such use impairs the ability of the licensee
to practice medicine safely or more than one misdemeanor or any felony involving the use,
consumption, or self-administration of any of the substances referred to in this section, or any
combination thereof, constitutes unprofessional conduct. The record of the conviction is
conclusive evidence of such unprofessional conduct.
Ill
Ill
" "
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(NEAL MEHRA, M.D.) AMENDED ACCUSATION NO. 800-2014-003821
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1 FIRST CAUSE FOR DISCIPLINE
2 (Use of Alcoholic Beverages to Such an Extent, or in Such a Manner, as to be Dangerous or
· 3 Injurious to the Licensee, or to any other Person or to the Public)
4 7. Respondent Neal Mehra, M.D. is subject to disciplinary action under section 2239 in
5 that he used alcoholic beverages in a manner, or to such an extent, as to be injurious to himself:
6 another person, and/or the public. The circumstances are as follows:
7 8. On or about October 14, 2013, Respondent was employed by Healthlinknow, a
8 telemedicine service provider, as a project manager. He had been employed by Healthlinknow
9 for approximately two and one-half years. On or about 8:00a.m. on October 14,2013,
1 0 Respondent arrived at his office in the business headquarters of Healthlinlmow, with a rolling
11 laptop case that contained a bottle of vodka. During the course of the morning, while working in
12 his office, Respondent consumed vodka. Healthlinlmow has a policy prohibiting employees from
13 using or being under the influence of drugs or alcohol while at the Healthlinlmow business
14 premises.
15 9. At approximately 10:30 a.m. on or about October 14,2013, Respondent attended a
16 meeting with the CEO of Healthlinknow, and several other employees of the company. During
17 the course of the meeting, Respondent appeared confused, had difficulty communicating, and
18 smelled of alcohol. The CEO and other coworkers inquired of Respondent if he had a medical
19 condition, or was under the influence of alcohol or drugs. Respondent initially denied that
20 anything was wrong with him or that he was under the influence of alcohol or drugs.
21 10. An executive assistant of the company passed by Respondent's office and observed a
22 half-empty bottle of Vodka on Respondent's desk in plain view. The CEO and other staff
23 brought the bottle to the attention of Respondent and asked him again if he was tmder the
24 influence of alcohol. Respondent aclmowledged to company officials that he had consumed
25 alcohol in his office that morning. He further admitted that he had consumed alcohol in his office
26 on several previous occasions. Other employees had observed that over the several months
27 leading up to October of 2013, Respondent had appeared impaired and smelled of alcohol.
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(NEAL MEHRA, M.D.) AMENDED ACCUSATION NO. 800-2014-003821
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Healthlinknow had a policy in force prohibiting using or being under the influence of alcohol at
2 work.
3 11. On or about October 14, 2013, the CEO ofHealthinknow offered Respondent an
4 immediate referral to a wellness program and counseling. Respondent declined. The CEO
5 further requested Respondent to provide her with his car keys, because she did not want him to
6 drive while under the influence of alcohol. Respondent declined to provide her with his car keys
7 and left the building, driving himself away in his car. Respondent was terminated from
8 employment with Healthlinknow following the October 14, 2013 incident.
9 SECOND CAUSE FOR DISCIPLINE
10 (General Unprofessional Conduct)
11 12. Respondent Neal Mehra, M.D. is subject to disciplinary action under section 2234 in
12 that he has engaged in conduct which breaches the rules or ethical code ofthe medical profession,
13 or conduct which is unbecoming in a member in good standing of the medical profession, and
14 which demonstrates an unfitness to practice medicine, as alleged in paragraphs 7-11 above, which
15 are incorporated by reference and rcalleged as if fully set forth here.
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(NEAL MEHRA, M.D.) AMENDED ACCUSATION NO. 800-2014~003821
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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 l. Revoking or suspending Physician's and Surgeon's Certificate Number A 95686,
5 issued to Neal Mehra, M.D.;
2. Revoking, suspending or denying approval ofNeal Mehra, M.D.'s authority, to
7 supervise physician assistants, pursuant to section 3527 of the Code;
8 3. Ordering Neal Mehra, M.D., if placed on probation, to pay the Board the costs of
9 probation monitoring; and
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4. Taking such othe1· and further action as deemed necessary and proper.
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SA2015301461 18 32473647.doc
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Exe tive Director Medical Board of California Department of Consumer Affairs State of California Complainant
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(NEAL MEHRA, M.D.) AMENDED ACCUSATION NO. 800-2014-003821