BEFORE THE MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter of the Accusation ) ) ) ) EHAB FAROUK ABDALAH, M.D. ) ) ) ) ) Respondent. ) ) File No. 16-2009-203767 ORDER CORRECTING NUNC PRO TUNC CLERICAL ERROR OF THE "APPLICANT'S MIDDLE NAME BEING MISSPELLED" On its own motion, the Medical Board of California (Board) finds that there was an "error in the spelling of the respondent's middle name" on the portion of the Decision on the above- entitled matter and such clerical errors should be corrected so that the respondent's middle name may be spelled correctly, thus conforming to the Board's intention. IT IS HEREBY ORDERED that the misspelling of the respondent's middle name contained on the Order Page of the Decision in the above-entitled matter is amended and corrected nunc pro tune as of the date of entry of the Decision to read as follows: "FAROUK" DATED September 3, 2010.
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BEFORE THE MEDICAL BOARD OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA
In the Matter of the Accusation ) Ag~n~: )
) )
EHAB FAROUK ABDALAH, M.D. ) ) ) ) )
Respondent. ) )
File No. 16-2009-203767
ORDER CORRECTING NUNC PRO TUNC CLERICAL ERROR OF THE "APPLICANT'S MIDDLE NAME BEING MISSPELLED"
On its own motion, the Medical Board of California (Board) finds that there was an "error in the spelling of the respondent's middle name" on the portion of the Decision on the aboveentitled matter and such clerical errors should be corrected so that the respondent's middle name may be spelled correctly, thus conforming to the Board's intention.
IT IS HEREBY ORDERED that the misspelling of the respondent's middle name contained on the Order Page of the Decision in the above-entitled matter is amended and corrected nunc pro tune as of the date of entry of the Decision to read as follows:
"FAROUK"
DATED September 3, 2010.
BEFORE THE MEDICAL BOARD OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA
In the Matter of the Accusation ) ) Against:
EHAB FAROUCK AROALAH, M.D. Physician's and Surgeon's Certificate No. A 97083
) ) ) ) ) )
File No. 16-2009-203767
Respondent. )
DECISION
The attached Stipulated Settlement and Disciplinary Order is hereby adopted as the Decision and Order of the Medical Board of California, Department of Consumer Affairs, State of California.
This Decision shall become effective at 5:00 p.m. on September 30, 2010.
IT IS SO ORDERED September 1, 2010.
MEDICAL BOARD OF CALIFORNIA
By:~~~~~~~~~Shelton Duruisseau, Ph.D. Chair, Panel A
1 EDMUND G. BROWN JR. Attorney General of California
2 JOSE R. GUERRERO Supervising Deputy Attorney General
3 JANE ZACK SIMON Deputy Attorney General
4 State Bar No. 116564 455 Golden Gate Avenue, Suite 11000
5 San Francisco, CA 94102-7004 Telephone: (415) 703-5544
7 Attorneys for Complainant Medical Board of California
FILED STATE OF CALIFORNIA
.MEDICAL BOARD QF CALIFORNIA SACRAMENTO ::IA:flv..Af!.;..'('z. 'f, 201 t>
'BY: ::r16L.c.UAf( ANALYST -
BEFORE THE
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MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS
STATE OF CALIFORNIA
13 In the Matter of the Accusation Against:
14 EHABFAROUKABDALAH,M.D. 6745 N. 93rd A venue, #1104
15 · Glendale, AZ 85305
16 Physician's and Surgeon's
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Certificate No. A97083
The Complainant alleges:
Respondent.
Case No. 16-2009-203767
ACCUSATION
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1. Complainant Barbara Jo1mston is the Executive Director of the Medical
Board of California, Department of Consumer Affairs, and brings this Accusation solely in her
official capacity.
2. On or about August 30, 2006, Physician's and Surgeon's Certificate
26 No. A97083 was issued by the Medical Board of California to Ehab Farouk Abdalah, M.D.
27 · (hereinafter "respondent.") The certificate is delinquent with an expiration date of December 31,
28 2009.
Accusation (16-2009-203767)
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JURISDICTION
This Accusation is brought before the Medical Board of California1,
3 (hereinafter the "Board") under the authority of the following sections of the California Business
4 and Professions Code (hereinafter "Code") and/or other relevant statutory enactment: ..
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A Sec~ion 2227 of the Code provides in part that the Board may
revoke, suspend for a period not to exceed one year, or place on probation, the license of
any licensee who has been found guilty under the Medical Practice Act, and may recover
the costs of probation monitoring.
B. Section 2305 of the Code provides, in part, thi~.t the revocation,
suspension, or other discipline, restriction or limitation imposed by another .state upon a
license to practice medicine issued by that state, that would have been grounds for
discipline in California under the Medical Practice Act, constitutes grounds for discipline
for unprofessional conduct.
C. Section 141 of the Code provides:
"(a) For any licensee holding a license issued by a board under the jurisdiction of a department, a disciplinary action taken by another state, by any agency of the federal government, or by another country for any act substantially related to the practice regulated by the California license, may be ground for disciplinary action by the respective state licensing board. A certified copy of the record of the disciplinary action taken against the licensee by another state, an agency of the federal govermnent, or by an.other country shall be conclusive evidence of the events related therein.
"(b) Nothing in this section shall preclude a board from applying a specific statutory provision in the licens,ing act adn1inistered by the board that provides for discipline based upon a disciplinary action taken against the licensee by another state, an agency of the federal government, or another country."
1. As used herein, the tenn "Board" means the Medical Board of California. As used
27 herein, "Division of Medical Quality" shall also be deemed to refer to the Board.
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FIRST CAUSE FOR DISCIPLINE
(Discipline, Restricti01~, or Limitation Imposed by Another State)
4. On or about December 2, 2009, the Arizona Medical Board issued its
Findings of Fact, Conclusions of Law and Order regarding respondent's license to practice
medicine in Arizona. The Arizona board made factual findings that respondent made .
misstatements or omissions on a hospital staff privilege application. Specifically, respondent on
three' separate applications failed to disclose that he sat for and failed the Board of Physical
Medicine and Rehabilitation Certification exam in 2003, 2006 and 2007; he failed to disclose that
he was placed on academic probation during his residency in 2002-2003; he failed to disclose a
· 2005 domestic violence charge (which was later expunged from his record). During a fonnal
interview with the Arizona Medical Board, respondent admitted that he signed the applications in
question, but argued that he did not fill them out and was not responsible for the omissions and
false statements. The Arizona Board noted that the same omissions occulTed on different
applications submitted at different times, and conclude that at least some of the information
provided by respondent was false or fraudulent and made knowingly. Based on these findings,
respondent was issued a Letter of Reprimand, and placed on probation for a year. He was
requjred to take coursework in ethics. A true and correct copy of the Findings of Fact,
Conclusions of Law and Order issued by the Arizona Medical Board is attached hereto as Exhibit
A.
5. Respondent's conduct and the action of the Arizona Medical Board as set
forth in paragraph 4, above, constitute unprofessional conduct within the meaning of section 2305
and conduct subject to discipline within the meaning of section 141 (a).
PRAYER
WHEREFORE, the complainant requests that a hearing be held on the 1natters
herein alleged, and that following the hearing, the Board issue a decision:
1. Revoking or suspending Physician's and Surgeon's Certificate Number
28 A97083 heretofore issued to respondent Ehab Farouk Abdalah, M.D.;
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Accusation (16-2009-203767)
1 2. Revoking, suspending oi· denying approval of the respondent's authority to
2 supervise physician assistants;
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3. Ordering respondent, if placed on probation, to pay the costs probation
monitoring; and
4. Taking such other and further action as the Board deems necessary and
proper.
DATED: January 28, 2010
Complainant
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Accusation (16-2009-203767)
Exhibit A
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BEFORE THE ARIZONA MEDICAL BOARD
3 ln the Matter of Board Case No. MD-08-1041A
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
4 EHAB F. ABDALAH, M.D.
5 Holder of Licer:ise No. 36239 For the Practice of Allopathic Medicine
6 In the State of Arizona. · (Letter of Reprimand with
Probation)
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The Arizona Medical Board ("Board") considered this matter at .its public meeting
on October 7, 2009. Ehab F.Abdalah, M.D., ("Respondent") appeared before the Board
Conclusions of Law and Order after due consideration of the facts and law applicable to
this matter.
FINDINGS OF FACT
1. The Board is the duly constituted authority for the regulation and control of
the practice of allopathic medicine in the State of Arizona.
2. Respondent is· the holder of License No. 36239 for the practice of
allopathic medicine in the State of Arizona. 19
21 stateme~ts in connection with his March 23, 2007, application for privileges at their
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facHity. The Banner Health Br>ard of Directors denied R.espondent's application for
privileges due to his omission of the following information from his application:
1 . Failure to disclose felony charges. 2. Failure to disclose probation during residency. 3. Failure to disclose a one-year pain fellowsh1p. 4.· Failure to disclose failure of.Board certification examinations. 5. Failure to disclose all hospitals to which he had applied.
1 4. The Banner Health application requires the applicant to "[L]ist dates on
2 which you sat or will sit for the examination and outcome" on 1he Board. Certification
3 page of the application form.
·4 5. Respondent failed on three separate applications to disclose that he
5 sat for the Board of Physical Medicine and Rehabilitation CertificatiG>n and failed
6 the exam in 2003, 2006 and 2007. Finally, on the fourth application that he
7 submitted, he provided the information relating to his failed board certification
8, exams.
9 6. The following question #2 appeared, on the Banner Health application
1 o submitted by Respondent:
11 "Are you currently under investigation or have you been subject to disciplinary or corrective action such as warning, reprimand, censure, probation, non-provisional
12 supervision, suspension, termination, revocation, reduction of privileges by any healthcare facility or professional organization?
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14 7. 1 Respondent answered l(non to, question # 2 even though be had
. 15 been placed on academic probation at Kansas University Medical Center in .or
16 about 2002-2003.
17 8. The following question #11 appeared , on the Banner Health
18 application submitted by Respondent:
19 ·~Have you ever been charged with 9r convicted of a felony (State/Federal)?
Have you ever been charged wtth or convicted ofa misdemeanor?"
20 9. Respondent answered "no" to question # , 11 on the Banner Health
21 application even though he was charged with Domestic Viojence in 2005. The charges
22 were later expunged from his record:
23 10. During his Formal Interview, Respondent admitt(:d that he, signed these
24 applications, but argued that he did not fill them out and was not responsible for the
25 omissions and false statements.
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1 11. He admitted, however, that when he signed ~he applications, he attested
2 to the fact that he had read the questions on the Banner Health application and his
3 answers were correct.
4 12. During the Formal Interview Board members observed that a physician is
5 responsible for the accuracy of applications even if others fill them out on the
6 physician's behaif.
7 13. Although Respondent claimed that the omissions on his applications were
8 simply oversights, a Board member noted that the same omissions occurred on ·
9 difl'.erent applications submitted at different times. Based on the repetition of the same
10 omissions on at least three different applications, the Board concluded that the
11 answers to the Board certification examination questions were false or fraudulent and
12 were made knowingly.
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CONCLUSIONS OF LAW.
The Arizona Medical Board possesses jurisdiction over the subject matter
15 hereof and over Respondent.
16 2. The Board has· received substantial evidence supporting the Findings of
17 Fact described above and said findings constitute unprofessional conduct or other
18 grounds for the Board to take disciplinary action.
19 · 3. The conduct and circumstances described above constitute
20 unprofessional conduct pursuant to A.R.S. §§ 32-1401(27)(t) - ("(k]nowingly
21 making any false or fraudulent statement, written or oral, in connection with the
22 practlce of medicine or if applying for privileges or renewing an application for
23 privileges at a health care institution.,,).
24 ORDER
25 Based upon the foregoing Findings of Fact and Conclusions of Law,
26 IT IS HEREBY ORDERED:
1. Respondent is issued a Letter of Rep~imand.
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1 2. Respondent is placed on probation for one year with the following terms
2 and conditions:
3 a. Continuing Medical Education
4 Respondent shall Vi.'.ithin one year of the effective date of this Order obtain 15 -
5 20 hours of Board Staff pre-approved Category I Continuing Medical Edµcatian (CME)
6 in ethics. Respondent shall provide Board Staff with satisfactory proof of attendance.
7 The CME hours shall be in addition to the hours requited for the biennial renewal of
8 medical license. The probation shall terminate upon successful completion of the CME.
9 b. Obey All Laws
10 Respondent shall obey all state, federal and lo~al laws, all rules governing the
11 practice of medicine in Arizona, !lnd remain in full. compliance with any court ordered
12 criminal probation, payments and other orders.
13 c. Tolling
14 In the event Respondent should leave Arizona to reside or practice
15 outside the State or for any reason should Respondent stop practicing medicine in
16 Arizona, Respondent shall notify the Executive Director in writing within ten days of
17 departure and return or the dates ~f non~practice within Arizona. Non-practice is
18 defined as any period of time exceeding thirty days during which Respondent is not
19 engaging in the practice of medicine. Periods of temporary or permanent residence or
20 practice outside Arizona or of non~practice within Arizona, will not apply to the reduction
21 of the probationary period.
22 3. The Board retains jurisdiction and may initiate new action based upon any
23. violation of this Order.
24 RlGHT TO PETITION FOR REHEARING OR REVIEW
25 Respondent is hereby notified that he has the right to petition for a rehealing or
26 review. The petition for rehearing or review must be filed wtth the Board's Executive
Director within thirty (30) days after service of this Order. A.R.S. § 41-1092.09(8). The
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1 petition for -rehearjng or review must set forth legally sufficient reasons: for granting a
2 rehearing or r~view. A.AC. R4-16-103. Service of this order is effective five (S) days
3 aftE:r date of mailing. A.RS.§ 41w1092.09(C). If a petition for rehearing 0r review is not
4 filed, the Board's Order becomes effective thirty-five (35) days after it is mailed to
5 Respondent.
6 Respondent is further notified that the filing of a motion for rehearing or review is
7 required to preserve any rights pf appeal to the Superior Court.