BEFORE THE MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter of the Accusation Against: ) Charles R. Cooley, M.D. Physician's and Surgeon's Certificate No. G 78636 Respondent ) ) ) ) ) ) ) ) ) --------------------------- ) Case No. 17-2012-222669 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 October 4, 2013. IT IS SO ORDERED: September 4, 2013. MEDICAL BOARD OF CALIFORNIA
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BEFORE THE MEDICAL BOARD OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA
In the Matter of the Accusation Against: )
Charles R. Cooley, M.D.
Physician's and Surgeon's Certificate No. G 78636
Respondent
) ) ) ) ) ) ) ) )
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Case No. 17-2012-222669
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 October 4, 2013.
IT IS SO ORDERED: September 4, 2013.
MEDICAL BOARD OF CALIFORNIA
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KAMALA D. HARRIS Attorney General of California ROBERT MCKIM BELL Supervising Deputy Attorney General JOHN E. RITTMAYER Deputy Attorney General State Bar No. 67291 California Department of Justice
300 South Spring Street, Suite 1702 Los Angeles, California 90013 Telephone: (213) 897-7485 Facsimile: (213) 897-9395
Attorneys for Complainant
BEFORE THE
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MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS
STATE OF CALIFORNIA
11 In the Matter of the Accusation Against:
12 CHARLES R. COOLEY, M.D. 4115 Milton Avenue
13 Culver City, California 90232,
14 Physician's and Surgeon's Certificate Numbero G 78636,
Case No. 17-2012-222669
STIPULATED SETTLEMENT AND DISCIPLINARY ORDER
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Respondent.
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 Interim Executive Director of the Medical
22 Board of California, Department of Consumer Affairs (Board). She brought this action solely in
23 her official capacity and is represented in this matter by Kamala D. Harris, Attorney General of
24 the State of California, by John E. Rittmayer, Deputy Attorney General.
25 2. Respondent Charles R. Cooley, M.D. (Respondent) is represented in this proceeding
26 by attorney John J. Duran, whose address is: 9200 Sunset Boulevard, PH2, West Hollywood, CA
27 90069.
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STIPULATED SETTLEMENT-Charles R. Cooley M.D. (17-2012-222669)
3. On or about April 13, 1994, the Medical Board of California issued Physician's and
2 Surgeon's Certifie;ate Number G 78636 to Respondent. The Physician's and Surgeon's Certificate
3 was in full force and effect at all times relevant to the charges brought in Accusation No. 17-
4 2012-222669 and will expire on August 31, 2015, unless renewed.
5 JURISDICTION
6 4. Accusation No. 17-2012-222669 was filed before the Board, and is currently pending
7 against Respondent. The Accusation and all other statutorily required documents were properly
8 served on Respondent on as soon as possible July 17,2013.
9 5. A copy of Accusation No. 17-2012-222669 is attached as Exhibit A and incorporated
10 herein by reference.
11 ADVISEMENT AND WAIVERS
12 6. Respondent has carefully read, fully discussed with counsel, and understands the
13 charges and allegations in Accusation No. 17-2012-222669. Respondent has also carefully read,
14 fully discussed with counsel, and understands the effects ofthis Stipulated Settlement and
15 Disciplinary Order.
16 7. Respondent is fully aware of his legal rights in this matter, including the right to a
17 hearing on the charges and allegations in the Accusation; the right to be represented by counsel at
18 his own expense; the right to confront and cross-examine the witnesses against him; the right to
19 present evidence and to testify on his own behalf; the right to the issuance of subpoenas to compel
20 the attendance of witnesses and the production of documents; the right to reconsideration and
21 court review of an adverse decision; and all other rights accorded by the California
22 Administrative Procedure Act and other applicable laws.
23 8. Respondent voluntarily, knowingly, and intelligently waives and gives up each and
24 every right set forth above.
25 CULPABILITY
26 9. Respondent admits the truth of each and every charge and allegation in Accusation
27 No. 17-2012-222669.
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STIPULATED SETTLEMENT -Charles R. Cooley M.D. (17-2012-222669)
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 II. 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 12. 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 facsimile copies of this Stipulated Settlement
21 and Disciplinary Order, including facsimile signatures thereto, shall have the same force and
22 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:
26 DISCIPLINARY ORDER
27 IT IS HEREBY ORDERED that Physician's and Surgeon's Certificate No. G 78636 issued
28 to Respondent Charles R. Cooley, M.D. (Respondent) is revoked. However, the revocation is
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STIPULATED SETTLEMENT-Charles R. Cooley M.D. (17-2012-222669)
stayed and Respondent is placed on probation for five (5) years on the following terms and
2 conditions.
3 1. CONTROLLED SUBSTANCES -ABSTAIN FROM USE. Respondent shall abstain
4 completely from the personal use or possession of controlled substances as defined in the
5 California Uniform Controlled Substances Act, dangerous drugs as defined by Business and
6 Professions Code section 4022, and any drugs requiring a prescription. This prohibition does not
7 apply to medications lawfully prescribed to Respondent by another practitioner for a bona fide
8 illness or condition.
9 Within 15 calendar days of receiving any lawfully prescribed medications, Respondent
1 0 shall notify the Board or its designee of the: issuing practitioner's name, address, and telephone
11 number; medication name, strength, and quantity; and issuing pharmacy name, address, and
12 telephone number.
13 If Respondent has a confirmed positive biological fluid test for any substance (whether or
14 not legally prescribed) and has not reported the use to the Board or its designee, Respondent shall
15 receive a notification from the Board or its designee to immediately cease the practice of
16 medicine. The Respondent shall not resume the practice of medicine until final decision on an
17 accusation and/or a petition to revoke probation. An accusation and/or petition to revoke
18 probation shall be filed by the Board within 15 days of the notification to cease practice. If the
19 Respondent requests a hearing on the accusation and/or petition to revoke probation, the Board
20 shall provide the Respondent with a hearing within 30 days of the request, unless the Respondent
21 stipulates to a later hearing. A decision shall be received from the Administrative Law Judge or
22 the Board within 15 days unless good cause can be shown for the delay. The cessation of practice
23 shall not apply to the reduction of the probationary time period.
24 Ifthe Board does not file an accusation or petition to revoke probation within 15 days ofthe
25 issuance of the notification to cease practice or does not provide Respondent with a hearing
26 within 30 days of such a request, the notification of cease practice shall be dissolved.
27 2. ALCOHOL - ABSTAIN FROM USE. Respondent shall abstain completely from the
28 use of products or beverages containing alcohol.
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STIPULATED SETTLEMENT -Charles R. Cooley M.D. (17-2012-222669)
If Respondent has a confirmed positive biological fluid test for alcohol, Respondent shall
2 receive a notification from the Board or its designee to immediately cease the practice of
3 medicine. The Respondent shall not resume the practice of medicine until final decision on an
4 accusation and/or a petition to revoke probation. An accusation and/or petition to revoke
5 probation shall be filed by the Board within 15 days of the notification to cease practice. If the
6 Respondent requests a hearing on the accusation and/or petition to revoke probation, the Board
7 shall provide the Respondent with a hearing within 30 days of the request, unless the Respondent
8 stipulates to a later hearing. A decision shall be received from the Administrative Law Judge or
9 the Board within 15 days unless good cause can be shown for the delay. The cessation of practice
10 shall not apply to the reduction of the probationary time period.
11 If the Board does not file an accusation or petition to revoke probation within 15 days of the
12 issuance of the notification to cease practice or does not provide Respondent with a hearing
13 within 30 days of a such a request, the notification of cease practice shall be dissolved.
14 3. BIOLOGICAL FLUID TESTING. Respondent shall immediately submit to
15 biological fluid testing, at Respondent's expense, upon request of the Board or its designee.
16 "Biological fluid testing" may include, but is not limited to, urine, blood, breathalyzer, hair
17 follicle testing, or similar drug screening approved by the Board or its designee. Prior to
18 practicing medicine, Respondent shall contract with a laboratory or service approved in advance
19 by the Board or its designee that will conduct random, unannounced, observed, biological fluid
20 testing. The contract shall require results of the tests to be transmitted by the laboratory or
21 service directly to the Board or its designee within four hours of the results becoming available.
22 Respondent shall maintain this laboratory or service contract during the period of probation.
23 A certified copy of any laboratory test result may be received in evidence in any
24 proceedings between the Board and Respondent.
25 If Respondent fails to cooperate in a random biological fluid testing program within the
26 specified time frame, Respondent shall receive a notification from the Board or its designee to
27 immediately cease the practice of medicine. The Respondent shall not resume the practice of
28 medicine until final decision on an accusation and/or a petition to revoke probation. An
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STIPULATED SETTLEMENT-Charles R. Cooley M.D. (17-2012-222669)
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accusation and/or petition to revoke probation shall be filed by the Board within 15 days of the
notification to cease practice. If the Respondent requests a hearing on the accusation and/or
petition to revoke probation, the Board shall provide the Respondent with a hearing within 30
days ofthe request, unless the Respondent stipulates to a later hearing. A decision shall be
received from the Administrative Law Judge or the Board within 15 days unless good cause can
be shown for the delay. The cessation of practice shall not apply to the reduction of the
probationary time period.
Ifthe Board does not file an accusation or petition to revoke probation within 15 days ofthe
issuance of the notification to cease practice or does not provide Respondent with a hearing
within 30 days of a such a request, the notification of cease practice shall be dissolved.
4. EDUCATION COURSE. Within 60 calendar days of the effective date of this
Decision, Respondent shall submit to the Board or its designee for its prior approval educational
program(s) or course(s) which shall not be less than 20 hours per year, for the first year of
probation. The educational program(s) or course(s) shall be aimed at correcting any areas of
deficient practice or knowledge and shall be Category I certified. The educational program(s) or
course(s) shall be at Respondent's expense and shall be in addition to the Continuing Medical
Education (CME) requirements for renewal oflicensure. Following the completion of each
course, the Board or its designee may administer an examination to test Respondent's knowledge
of the course. Respondent shall provide proof of attendance for 45 hours of CME in that first year
of probation ofwhich 20 hours were in satisfaction ofthis condition.
5. ADDICTIVE BEHAVIOR SUPPORT GROUPS. Within five days ofthe effective
date ofthe Decision, Respondent shall begin attendance at an addictive behavior support group
(e.g. Alcoholics Anonymous, Narcotics Anonymous, Nurse Support Group, AI-Anon, Gamblers
Anonymous). Verified documentation of attendance shall be submitted by Respondent with each
written report as required by the Board. Respondent shall continue attendance in such a group for
the duration of probation.
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STIPULATED SETTLEMENT -Charles R. Cooley M.D. (17-2012-222669)
STANDARD CONDITIONS
2 6. NOTIFICATION. Within seven (7) days of the effective date of this Decision, the
3 Respondent shall provide a true copy of this Decision and Accusation to the Chief of Staff or the
4 Chief Executive Director at every hospital where privileges or membership are extended to
5 Respondent, at any other facility where Respondent engages in the practice of medicine,
6 including all physician and locum tenens registries or other similar agencies, and to the Chief
7 Executive Officer at every insurance carrier which extends malpractice insurance coverage to
8 Respondent. Respondent shall submit proof of compliance to the Board or its designee within 15
9 calendar days.
10 This condition shall apply to any change(s) in hospitals, other facilities or insurance carrier.
11 7. SUPERVISION OF PHYSICIAN ASSISTANTS. During probation, Respondent is
12 prohibited from supervising physician assistants.
13 8. OBEY ALL LAWS. Respondent shall obey all federal, state and local laws, all rules
14 governing the practice of medicine in California and remain in full compliance with any court
15 ordered criminal probation, payments, and other orders.