BEFORE THE MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter of the Accusation Against: ) ) ) MICHAEL AZMY GHALY, M.D. ) ) Physician's and Surgeon's ) Certificate No. A 95429 ) ) Respondent. ) ) Case No. 8002015015171 DECISION AND ORDER The attached Stipulated Settlement and Disciplinary Order is hereby adopted by the Medical Board of California, Department of Consumer Affairs, State of California, as its Decision in this matter. This Decision shall become effective at 5:00p.m. on May 25,2017. IT IS SO ORDERED April25, 2017. MEDICAL BOARD OF CALIFORNIA 1A J . .LJ_ By: ________ Jamie Wr' Panel A
16
Embed
DECISION AND ORDER - The Patient Safety League4patientsafety.org/documents/Ghaly, Michael Azmy 2017-04... · 2017. 5. 9. · MICHAEL AZMY GHALY, M.D. ) ) Physician's and Surgeon's
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
BEFORE THE MEDICAL BOARD OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA
In the Matter of the Accusation Against: ) ) )
MICHAEL AZMY GHALY, M.D. ) )
Physician's and Surgeon's ) Certificate No. A 95429 )
) Respondent. )
)
Case No. 8002015015171
DECISION AND ORDER
The attached Stipulated Settlement and Disciplinary Order is hereby adopted by the Medical Board of California, Department of Consumer Affairs, State of California, as its Decision in this matter.
This Decision shall become effective at 5:00p.m. on May 25,2017.
Michael A. Ghaly, M.D. 433 Turk Street San Francisco, CA 94114
Physician's and Surgeon's Certificate No. A95429,
Respondent.
Case No. 800-2015-015171
ACCUSATION
17 Complainant alleges:
18 PARTIES
19 1. Kimberly Kirchmeyer ("Complainant") brings this Accusation solely in her official
20 capacity as the Executive Director of the Medical Board of Califomia, Department of Consumer
21 Afiairs ("Board").
22 2. On or about May 10, 2006, the Medical Board issued Physician's and Surgeon's
Certificate Number A95429 to Michael A. Ghaly, M.D. ("Respondent"). The Physician's and
24 Surgeon's Certificate was in full force and effect at all times relevant to the charges brought herein
25 and will expire on February 28, 2018, unless rene\ved.
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 unless otherwise indicated.
(MICH.A.EL A. GHAL Y, M.D.) ACCUSA TTON NO. 800-2015-015171
1 4. Section 2234 of the Code, states:
2 "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
4 limited to, the following:
5 "(a) Violating or attempting to violate, directly or indirectly, assisting in or abetting the
6 violation of, or conspiring to violate any provision of this chapter.
7 " "
8 5. Section 2238 of the Code provides, in pertinent part, that a violation of"any of the
9 statutes or regulations of this state regulating dangerous drugs or controlled substances constih1tes
10 unprofessional conduct."
11 6. Section 2242, subdivision (a), of the Code provides, in pertinent part, that
12 ''[p ]rescribing, dispensing, or furnishing dangerous dmgs as defined in Section 4022 without an
13 appropriate prior examination and a medical indication, constih1tes unprofessional conduct."
14 7. Section 2261 of the Code provides that ''[k]knowingly making or signing any
15 certificate or other document directly or indirectly related to the practice of medicine or podiatry
16 which falsely represents the existence or nonexistence of a state of facts, constitutes
17 unprofessional conduct."
18 8. Section 2266 of the Code provides that "[t]he failure of a physician and surgeon to
19 maintain adequate and accurate records relating to the provision of services to their patients
20 constitutes unprofessional conduct."
21 9. Health and Safety Code section 11157 provides that "[n]o person shall issue a
22 prescription that is false or ficbtious in any respect."
23 FACTS
24 10. At all times relevant to this matter, Respondent was licensed and practicing medicine
25 in San Francisco, Califomia.
26
27
28
2
(MICHAEL A. GHALY, M.D.) ACCUSATION NO. 800-2015-015171
1 11. Respondent visited H.K., 1 a close friend ofhis, in London near the end ofJune 2015.
2 Respondent said that H.K. was a hemophihac, chronically ill, and in significant pain at the time.
,., .) 12. On or about July 1, 2015, H.K., who was still in London, contacted Respondent and
4 asked him to prescribe Norco2 10/325 and Adderal13 30 mg to A.S., a nurse friend ofH.K. 's, who
5 would then deliver the dmgs to H.K. in London for his use. He sent Respondent a photo of the
6 bottles of the pills for which he wanted prescriptions.
7 13. On July 2, 2015, Respondent wrote a prescription for 180 tablets of Norco 10/325 and
8 a prescription for 90 tablets of Adderall 30 mg for A.S., whom he had never met. When the
9 pham1acist at Walgreen's refused to fill the prescriptions when A.S. attempted to pick them up on
10 July 8, 2015, A.S. contacted Respondent who met her in the parking lot of the pharmacy.
11 Respondent and A.S. went into the pharmacy together and the pharmacist filled the Norco
12 presCiiption for 60 tablets instead of the 180 it was written for and continued to refuse to fill the
13 Adderall prescription.
14 14. Respondent wrote the prescriptions for A.S. before meeting her, intending them for
15 delivery to H.K.. He did not create a medical chart for A.S. and did not maintain any medical
16 records for A.S.
17 15. On July 2, 2015, Respondent wrote a prescription for 90 tablets of Adderall 30 mg for
18
19
20
21
22
23
24
25
26
27
28
H.K. which A.S. picked up from the pharmacy on July 9, 2015. While Respondent had seen H.K.
in London several days before writing the prescription, he did not conduct an examination of
H.K., did not create a medical chart for H.K., and did not maintain any medical records for H.K.
He could not articulate a medical basis for presc1ibing Adderall for H.K.
1 The "patients" are designated in this document as H .K. and A.S. to protect their privacy. Respondent knows the names of the patients and can confirm their identities through discovery.
2 Norco is a trade name for hydrocodone bitartrate, an opioid analgesic, in combination with acetaminophen. It is a Schedule II controlled substance and narcotic and is a dangerous dmg as defined in section 4022. Hydrocodone can produce drug dependence and, therefore, has the potential for being abused. It has a CNS depressant effect. The strength of a tablet is indicated by mg ofhydrocodone/mg of acetaminophen, e.g., 10/325 reflects 10 mg ofhydrocodone and 325 mg of acetaminophen. At high levels, acetaminophen can cause liver toxicity and even death. The maximum 24 hour dosage of acetaminophen should not exceed 4000 mg.
3 Adderall is a trade name for a single-entity amphetamine product. It is indicated for the treatment of Attention Deficit Hyperactivity Disorder and Narcolepsy. Adderall is a Schedule II controlled substance and narcotic and is a dangerous drug as defined in section 4022.
,., .)
(MICHAEL A. GHAL Y, M.D.) ACCUSATION NO. 800-2015-015171
1 16. On September 17, 2015, Respondent wrote a second prescription for 90 tablets of
2 Adderall 30 mg for H.K. This prescription was picked up by an unknown person on September
3 29, 2015.
4 FIRST CAUSE FOR DISCIPLINE
5 (Violation of Drug Laws, False Prescription)
6 17. Respondent is guilty of unprofessional conduct and subject to disciplinary action
7 under section 2234 (unprofessional conduct), section 2238 (violation of drug laws), section 2261
8 (false medical records) of the Code and section 11157 of the Health and Safety Code (false
9 presctiption) in that Respondent engaged in the conduct described above including, but not
10 limited to, writing prescriptions for controlled substances Norco and Adderall in A.S. 's name
11 intending them not for A.S. but for H.K.
12 SECOND CAUSE FOR DISCIPLINE
13 (Prescribing without Prior Examination)
14 18. Respondent is guilty of unprofessional conduct and subject to disciplinary action
15 under section 2234 (unprofessional conduct) and section2242, subdivision (a) (prescribing
16 without appropriate p1ior examination and medical indication), in that Respondent engaged in the
17 conduct described above including, but not limited to, the following:
18 A. Respondent wrote presctiptions for controlled substances Norco and Adderall in
19 A.S. 's name intending them not for A.S. but for H.K.
20 B. Respondent wrote prescriptions for H.K. for controlled substance Adderall.
21 C. Respondent failed to examine either A.S. or H.K. before prescribing the controlled
22 substances Norco and Adderall.
23 D. Respondent prescribed controlled substances Norco and Adderall for H.K. without
24 medical indication.
25 THIRD CAUSE FOR DISCIPLINE
26 (Failure to Maintain Medical Records)
27 19. Respondent is guilty of unprofessional conduct and subject to disciplinary action
28 under section 2234 (unprofessional conduct) and section 2266 (inadequate records) of the Code in
4
(MICHAEL A. GHALY, M.D.) ACCUSATION NO. 800-2015-015171
that Respondent engaged in the conduct described above including, but not limited to, the
2 following:
,., .) A. Respondent wrote prescriptions for controlled substances Norco and Addera11 for
4 H.K. in A.S. 's name and presctiptions for Adderall for H.K. in his own name.
5 B. Respondent failed to maintain medical records for either A.S. or H.K.
6 PRAYER
7 WHEREFORE, Complainant requests that a heming be held on the matters herein alleged,
8 and that following the hearing, the Medical Board of Califomia issue a decision:
9 1. Revoking or suspending Physician's and Surgeon's Certificate Number A95429,
10 issued to Michael A. Ghaly, M.D.;
11 2. Revoking, suspending or denying approval of Michael A. Ghaly, M.D.'s authority to
12 supervise physician assistants, pursuant to section 3527 of the Code;
13 ,., .). Ordering Michael A. Ghaly, M.D., if placed on probation, to pay the Board the costs
14 of probation monitming; and
15
16
4. Taking such other and further action as deemed necessary and proper.
17 DATED: December 1 , 201 6
18
19
20
21 SF2016702686
22 4162490/.doc
23
24
25
26
27
28
Executive Direct Medical Board of California Department of Consumer Affairs State of Califomia Complainant
5
(MICHAEL A. GHALY, M.D.) ACCUSATION NO. 800-2015-015171