BEFORE THE MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter of the Accusation Against: Tomas Ballesteros Rios, M.D. Physician's and Surgeon's Certificate No. A 54078 Respondent ) ) ) ) ) ) ) ) ) ) ---------------------------- ) DECISION Case No. 19-2012-225650 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 December 30, 2016. IT IS SO ORDERED: December 2, 2016. MEDICAL BOARD OF CALIFORNIA
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4patientsafety.org Tomas Ballesteros 2016-12-02.pdfCertificate No. A 54078 Respondent ) ) ) ) ) ) ) ) ) ) -----) DECISION Case No. 19-2012-225650 The attached Stipulated Settlement
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BEFORE THE MEDICAL BOARD OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA
In the Matter of the Accusation Against:
Tomas Ballesteros Rios, M.D.
Physician's and Surgeon's Certificate No. A 54078
Respondent
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DECISION
Case No. 19-2012-225650
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 December 30, 2016.
IT IS SO ORDERED: December 2, 2016.
MEDICAL BOARD OF CALIFORNIA
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KAMA.LA D. HARRIS
Attorney General of California JUD!T!! T. AL\/,\Rl\DO
~yper:'is~ng Deputy /\ttorney General l !\!'\ N. ! RA\: Deputy :\ttornt:y General State Bar No. 197775
300 So. Spring Street. Suite l Los /\n~cles. CA 90013 Telepht~nc: {213) 897-6793 Facsimile: (213) 897-9395
Atwmeysfi>r c_ 'omploinam
BEFORE THE 1\'U:DlCAL BOARD OF CALIFORNIA
DEPART!\1ENT OF CONSliMER AfFAIRS STATE OF CAUFORJ'\IA
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In the tvlatter the /\ccusation Against:
TOMAS BALLESTEROS RIOS, :\1.D. 9807 Lightner Way
Case No. l
OAH'No.2015l2l 15
Bakersfield. CA 9331 I
Physician's and Surgeon's Certificate No. A54078
STIPlJLATED SETTLEME:\T AND DISCIPUNAHY ORHER
Respondent.
1T !S HEREBY STIPLLATED AND AGREED by and the parties to the nbove-
entitled prm:eedings that the !{)!lowing matters are true:
PARTIES
1, Kimberly Kirchmeyer (Complainant) is the Executiv;: rector the ?vkdica!
of CaliiiJrnia. She brought this action solely in h~:r official capacity is n:presemed in this
matter by Kamala D. Harris. Attorney (kncral of the State of Tan !\. Tran. Deputy
Attorney GeneraL
Respondent TO!'v1AS BALLESTEROS RIOS. \U). i is represented in
this proceeding by attomc:; Lewis R. Walton. Esq" vvhose address 4640 Admiralty \Vay.
Floor. t\1arina Dd Rey. CA 90292.
STIPULATED SETTLEivlFNT (19-2012-225650)
3. On or about !\iarch 29, 1995. the \kdica! Board of · issued Physician's and
2 Surgeon's Certificate 1\o. A54078 to TO!'viAS BALLESTEROS RlOS. t\LD. (Respondent). The
Physician's and Surgeon's Ccrtiticate was in full f(m.::c and ellcct at times relevant to the
4 charges brought in Accusation :'-!o. 19-2012-225650, and un lkccmber 3 l. 16.
5 un kss renewed.
7 4. Accusation No. 19-2012-225650 \vas liled before the Board of California
g 1 Board L Department Consumer Amtirs. and is currently pending Rt"spom.lent. The
9 Accusation and al! other statutorily rcquin:d documents wen: properly st.:rved on Respondent on
1 o October 1. 2015. Respondent timely liled his Notice of Defense rontcsting the Accusation.
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") L herein
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:\copy Accusation \!o. 19-2012-225650 is attach.;d ~1s .;xhibi1 A and incorporated
relcn::nce.
Respondent has carefully read. fully discussed vvith and unckrstands the
15 charges and allegations in Accusation No. 19-2011-225650. ResponJem has also carefully read.
16 fully discussed with counseL and understands the effects of this Stipulated S,;:nlcmcnt and
17 Disciplinary Order.
18 7. Rcsp,mdcnt is fully aware of his legal rights in this including the right to a
hearing on the charges and allegations in the Accusation: the · to confront and cross-examine
the witnesses against him; the right to present evidence and to h:sti on own behalf:
to the issuance of subpoenas to compel the attendance of witnt..:sses the production
documents: the right to n.:considera1ion and court reviev, of an decision: and all other
23 rights accorded by the California Administrativt: Procedure Ac1. and Pther applicable lav.s.
H. Respondent voluntarily. knowingly, and intelligently \YaiVl'S and gives up each and
25 every right set t~mh above.
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9. Respondent docs not contest that at an administrati','C complainant
3 establish a primaj(tcie case with respect to the charges and allegations contained in Accusation
.:+ ~o. 19-20 !2-225o50. and that he has thereby subjected Physician's and Surgeon's Certificate
5 ~o. A54078 w disciplinary action.
6 10. Respondent agrees that his Physician's and Surgeon's tkak is subjed to
7 discipline and he agrees tc• be bound b;.· the Board's probationary terms •ls set fnrth in the
8 Disciplinary Order below.
9 RESERVATION
10 11. The admissions made by Respondent herein arc purpc1SCS this
11 proceeding, or any other proceedings in which the t\kdiea! Roanl or other
12 prolcssionallictnsing agtncy is involved, and shall not be admissibk other criminal or
13 civil proceeding.
15 12. stipulation shall be subject to approval by the Board of California.
16 Respondent understands and agn.:es that counsel for Cumplainant the staff or l\kdkal
17 Board of California may communicate directly with the Board this stipulation and
!8 settlement \'>•ithout notice to or participation by Respondent or l\~tmscl. By signing the
19 stipulation. Respondent understands and agn:cs that he may not \Vitl:dm\v agreement or seck
20 to n.:.seind the stipulation prior to the time the Board considers and acts upon it. If the Board fails
21 to adopt this stipulation as its Decision and Order, the Stipulated Settlement and Disciplinary
22 Order shall be of no force or ef!ect. except r(x this paragraph. it be inadmissible in any legal
action the panics. and the Board shall not be disqualified further action by having
24 considered lhis matter.
13. parties understand and agree that Portab!c Document Fonnat (PDF) and facsimile
26 copies of this Stipulated Sculement and Disciplinary Order, PDF and Htcsimile
27 signatures thereto, shall have the same force and effect as the origin:ds.
!4. In consideration of the foregoing admissions and
'1 the Board may, \Vithout further notice or fon11al proceeding, issue
J Disciplinary Order:
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DISCIPLINARY OIU>ER
IS HEREB'r' ORDERED that Physician's and Surgeon's
the parti1.:s agrcc
enter the follm\ing
ficatc No. A54078
6 to Respondent TO!'v!AS BALLESTEROS RIOS, M.D. is revoked. I hnvcn:r, the revocation is
7 stayed and Respondent is placed on probation for seven (7l years on the following terms and
8 conditions.
9 l. :\C~TU:\L.~"i~~p[]\~K>>-l. As part of probation. Respondent is suspended from the
10 pr:.tctice of medicine for days beginning the sixteenth {!6th l ;;rter the effective date
ll decision.
~U::QJ(.':AL RECORD KEEPING COURSE. \Vithin calendar Jays the dTccti vc 12
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date of thi~ Decision. Respondent shall enroll in a course in meJical record keeping equivalent to
the Medical Record Keeping Course om·rcd by the Physician ,·\ssl."ssmenl and Clinical Education
Program, Unh-crsity ot' California. San Diego School of \kdi~:inc (Program). approved in
advance by the Board or its designee. Respondent shall provide !he pwgrarn with any infonnation
and documents that the Program may deem pertinent. Respondent
sw.:cessfu!ly complete the classroom component of the course not
7 with probation monitoring each and every year of probation. as
8 may be adjusted on an annual basis. Such costs shaH
9 California and deliv~red to the Board or its cksignce no later
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certi lie ate.
pay the costs associated
hy the Board.
:vkdical Bourd of
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ST!PU!.i\ l'ED SETll.EMENT ( 1'1-20 \2-2256:\0i
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I lum: rarcthlly read the abow Stipulated Settlement and Disciplinary Order ami fully
discussed it with my attomey, Lewis R. \Valton. Esq .. I U!Kkrstand stipulation and the e!Tcrt
it \vill have on my Physician's and Surgeon's Certificate. 1 enter Stipulated Sdtlement
and Disciplinary Order voluntarily. knov·:ingly, and intelligently. ngrce to be bound by the
D~.~eision and Order nf the \1edieal Board of Califomia.
DATED: Jljlc, J f(,
Rl!spondent
read and fully discussed with Respondent T0\1AS BALLESTEROS RIOS. M.D.
.. 1u orn(i ·j(Jr Responde 11!
The foregoing Stipulated Settlement and Disciplinary Order is hereby respcctft!lly
suhmittcd Dat-:d:
LA20!560:?849
consideration hy the \kdieal Board of Ca!it(m1ia. Respectfully submitted.
KA\IALA Attomev General Calif{xnia
~L ,\LV:\H.\DO
Sup.:rvising !kputy A!torncy (i:encml
·-·-·~
TAt\ l\. D.:puty Allorneys
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ST! PliLXIFD 'Sl'n.EM ENT ( 19-20 I 2-225650)
Exhibit A
Accusation No. 19-2012-225650
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KAMALA 0. HARRIS Attorney General of California JUDITH T. ALVARADO Supervising Deputy Attorney General TAN N. TRAN Deputy Attorney General State Bar No. 197775 CALIPORNIA DEPARTMENT OF JUSTICE
300 So. Spring Street, Suite 1702 Los Angeles, CA 900 13 Telephone: (213) 897-6793 Facsimile: (213) 897-9395
Attorneysfor Complainant
ST. FILED MEDICA~~ OF CALIFORNIA
SACRAMENTO R(?~O: CALIFORNIA BY "/'\ p I • • &;__ j I - 20 I '5 ~ I \I Cii ' ''<~ ~ ANALYST'
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BEFORE THE MEDICAL BOARD OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA
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11 In the Matter of the Accusation Against:
12 Tomas Ballesteros Rios, M.D. 1436 Crestmont Drive, Unit 6726
13 Bakersfield, CA 93386-7036
14 Physician's and Surgeon's Certificate No. A54078,
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18 Complainant alleges:
Respondent.
Case No. 19-2012-225650
ACCUSATION
19 PARTIES
20 1. Kimberly Kirchmeycr (Complainant) brings this Accusation solely in her official
21 capacity as the Executive Director of the Medical Board of California, Department of Consumer
22 Affairs (Board).
23 2. On or about March 29, 1995, the Medical Board issued Physician's and Surgeon's
24 Certificate Number A54078 to Tomas Ballesteros Rios, M.D. (Respondent). The Physician's and
25 Surgeon's Certificate was in full force and effect at all times relevant to the charges brought
26 herein and will expire on December 31, 2016, unless renewed.
chapter [Chapter 5, the Medical Practice Act]. The record of conviction shall be conclusive
2 evidence only of the fact that the conviction occurred.
3 .. "(b) The district attorney, city attorney, or other prosecuting agency shall notify the
4 Division ofMedical Quality' ofthe pendency of an action against a licensee charging a felony or
5 misdemeanor immediately upon obtaining information that the defendant is a licensee. The
6 notice shall identify the licensee and describe the crimes charged and the facts alleged. The
7 prosecuting agency shall also notify the clerk of the court in which the action is pending that the
8 defendant is a licensee, and the clerk shall record prominently in the file that the defendant holds
9 a license as a physician and surgeon.
10 "(c) The clerk of the court in which a licensee is convicted of a crime shall, within 48 hours
11 after the conviction, transmit a certified copy of the record of conviction to the board. The
12 division may inquire into the circumstances surrounding the commission of a crime in order to fix
13 the degree of discipline or to detern1ine if the conviction is of an offense substantially related to
14 the qualifications, functions, or duties of a physician and surgeon.
15 "(d) A plea or verdict of guilty or a conviction after a plea of nolo contendere is deemed to
16 be a conviction within the meaning of this section and Section 2236.1. The record of conviction
17 shall be conclusive evidence ofthe fact that the conviction occurred."
18 8. Section 802.1 of the Code states:
19 '"(a) ( 1) A physician and surgeon, doctor of podiatric medicine and a physician assistant
20 shall report either of the toll owing to the entity that issued his or her license:
21 "(A) The bringing of an indictment or information charging a felony
22 against the licensee.
23 '"(B) The conviction of the licensee, including any verdict of guilty, or plea of guilty or no
24 contest, of any felony or misdemeanor.
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California Business and Professions Code section 2002, as amended and effective January 1, 2008, provides that, unless otherwise expressly provided, the term "board" as used in the State Medical Practice Act (Cal. Bus. & Prof. Code, section 2000, et.seq.) means the "Medical Board of California," and references to the "Division of Medical Quality" and "Division of Licensing" in the Act or any other provision of law shall be deemed to refer to the Board.