Post on 28-Jan-2021
1 KAMALA D. HARRIS Attorney General of California
2 JANE ZACK SIMON Supervising Deputy Attorney General
3 CAROL YNE EvANS Deputy Attorney General
4 State Bar No. 289206 455 Golden Gate A venue, Suite 11000
5 San Francisco, CA 94102-7004 Telephone: (415) 703-1211
6 Facsimile: ( 415) 703-5480 Attorneys.for Complainant
FILED STATE OF CALIFORNIA
MEDICAL BOARD· OF CALIFORNIA SACRAMENTO 1---lu I .>.)-2Q~ BY I l) :1. I ~-J) Md.:':). ANALYST
BEFORE THE 7
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MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS
STATE OF CALIFORNIA
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In the Matter of the Accusation Against:
Janardhana Penagaluru Reddy, M.D. 400 SE 1st Street, Suite B Mineral Wells, TX 76067
Physician's and Surgeon's Certificate No. A24449,
Respondent.
Case No. 800-2016-026742
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 California, Department of Consumer
21 Affairs (Board).
22 2. On or about November 28, 1988, the Medical Board issued Physician's and Surgeon's
23 Certificate Number A24449 to Janardhana Penagaluru Reddy, M.D. (Respondent). The
24 Physician's and Surgeon's Certificate was in full force and effect at all times relevant to the
25 charges brought herein and will expire on July 31, 2018, unless renewed.
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.
1
(JANARDHANA PENAGALURU REDDY, M.D.) ACCUSATION NO. 800-2016-026742
1 4. Section 2227 of the Code provides, in part, that the Board may revoke, suspend for a
2 period not to exceed one year, or place on probation, the license of any licensee who has been
3 found guilty under the Medical Practice Act, and may recover the costs of probation monitoring.
4 5. Section 2305 of the Code provides, in part, that the revocation, suspension, or other
5 discipline, restriction or limitation imposed by another state upon a license to practice medicine
6 issued by that state, or the revocation, suspension, or restriction of the authority to practice
7 medicine by any agency of the federal government, that would have been grounds for discipline
8 in California under the Medical Practice Act, constitutes grounds for discipline for unprofessional
9 conduct.
10 6. Section 141 of the Code states:
11 "(a) For any licensee holding a license issued by a board under the jurisdiction of the
12 department, a disciplinary action taken by another state, by any agency of the federal government,
13 or by another country for any act substantially related to the practice regulated by the California
14 license, may be a ground for disciplinary action by the respective state licensing board. A
15 certified copy of the record of the disciplinary action taken against the licensee by another state,
16 an agency of the federal government, or another country shall be conclusive evidence of the
17 events related therein.
18 "(b) Nothing in this section shall preclude a board from applying a specific statutory
19 provision in the licensing act administered by that board that provides for discipline based upon a
20 disciplinary action taken against the licensee by another state, an agency of the federal
21 government, or another country."
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CAUSE FOR DISCIPLINE
(Discipline, Restriction, or Limitation Imposed by Another State)
7. On or about, August 26, 2016, the Texas Medical Board issued an Agreed Order
(Texas Order). The Texas Order found that Respondent engaged in unprofessional conduct in
that his care fell below the standard of care in performing a thoracotomy for a patient.
Specifically, Respondent violated the standard of care in that he did not fully discuss the risks to
the patient of proceeding with surgery and he failed to document both the patient's understanding
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(JANARDHANA PENAGALURU REDDY, M.D.) ACCUSATION NO. 800-2016-026742
1 that surgery could leave the patient unable to breathe without assistance and the patient's decline
2 of other options such as chemotherapy. As a result of the unprofessional conduct, the Texas
3 Board ordered that Respondent enroll and successfully complete eight (8) hours of continuing
4 medical education (CME) in medical recordkeeping, and at least eight (8) hours of CME in
5 pulmonary masses and indications for and against surgical intervention, approved for Category I
6 credits by the American Medical Association, approved in writing in advance by the Executive
7 Director or their designee. These CME requirements were in addition to all other CME required
8 for licensure maintenance.
9 8. Respondent's conduct and the actions of the Texas Medical Board as set forth in
10 paragraph 7, above, and within the actual Texas Medical Board's Order attached as Exhibit A,
11 constitute cause for discipline pursuant to sections 2305 and/or 141 of the Code.
12 PRAYER
13 WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged,
14 and that following the hearing, the Medical Board of California issue a decision:
15 1. Revoking or suspending Physician's and Surgeon's Certificate Number A24449,
16 issued to Janardhana Penagaluru Reddy, M.D.;
17 2. Revoking, suspending or denying approval of Janardhana Penagaluru Reddy, M.D.'s
18 authority to supervise physician assistants, pursuant to section 3527 of the Code;
19 3. Ordering Janardhana Penagaluru Reddy, M.D., if placed on probation, to pay the
20 Board the costs of probation monitoring; and
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4. Taking such other and further action as deemed necessary and proper.
23 DATED: Noveml.x~r 22, 2016
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Executive Director Medical Board of California Department of Consumer Affairs State of California Complainant
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(JANARDHANA PENAGALURU REDDY, M.D.) ACCUSATION NO. 800-2016-026742
EXHIBIT A
NAME
LIC #
IDNUM
ISSUE DATE
EXPIRATION DATE
BIRTH DATE
BIRTH PLACE
REGISTRATION STATUS
REGISTRATION STATUS DATE
DISCIPLINARY STATUS
DISCIPLINARY STATUS DATE
LICENSE STATUS
LICENSE STATUS DATE
MEDICAL SCHOOL
GRADUATION YEAR
LICENSURE METHOD
PRIMARY SPECIALTY
SECONDARY SPECIALTY
MAILING ADDRESS
PRIMARY PRACTICE SITE
Texas Medical Board Mailing Addrc;,s P () Hox 20 IS • Ausun, ·r' 7876S-20 IS
Phone 1512) .105-7010
PUBLIC PHYSICIAN VERIFICATION
AS OF l0/13/2016
REDDY, JANARDHANA PENAGALURU, MD
E5310
55122
12/11/1972
02/28/2018 1940
INDIA
ACTIVE
01/01/1978
UNDER BOARD ORDER
08/26/2016
GUNTUR MED COLL, UN IV OF HL TH SCI, GUNTUR, ANDHRA PRADESH, INDIA
1963
ENDORSEMENT WITH CALIFORNIA
THORACIC SURGERY
VASCULAR SURGERY
400 S E 1ST STREET SUITE B
MINERAL WELLS, TX 76067
400 SE 1ST STREET SUITE B
MINERAL WELLS, TX 76067
~ltllt OJ.' Tf'J
LICENSE NO. E531 0
IN THE MATTER OF BEFORE THE
THE LICENSE OF
JANARDHANA REDDY, M.D. TEXAS tv1EDICAL BOARD
AGREED ORDER
On the ~ clay of ~ j us-t::._ __ d, 2016. came on to be heard before the Texas Medical Board (the Board), duly in session, the matter of the license of Janardhana Reddy
M.D. (Respondent).
On January 11, 2016, Respondent appeared in person, with counsel James Stouffer at an
Informal Show Compliance Proceeding and Settlement Conference in response to a letter of
invitation from the staff of the Board. The Board's representatives were Margaret McNeese,
M.D., a member of the Board, and Michael Cokinos, a member of a District Review Committee
(Panel). Amy Swanholrn represented Board staff.
BOARD CHARGES
Board Staff alleged that Respondent fell below the standard of care in performing a
thoracotomy for the patient.
BOARD HISTORY
Respondent has not previously received a disciplinary order from the Board.
Upon the recommendation of the Board's representatives and with the consent of
Respondent, the Board makes the following Findings and Conclusions of Law and enters this
Agreed Order.
The Board finds the following
Pagel of7
a. Respondent received all notice required by l;l\v /\II Jurisdictional requirements
have been satisfied. Respondent waives any defect in notice and any further right
to notice or hearing under the Medical Practice t\ct, Title J, Subtitle B, Texas
Occupations Code (the Act) or the Rules of the Board.
b. Respondent currently holds Texas Medical License No. ESJ l 0. Respondent was
originally issued this license to practice medicine in Texas on December 17, 1972.
c. Respondent is primarily engaged in the practice of thor
Based on the above Findings, the Boanl concludes that:
I. The Board has jurisdiction over the subject matter and Respondent pursuant to the
Act.
2. Section 164.051(a)(3) ofthe Act authorizes the Board to take disciplinary action
against Respondent based on Respondent's violation of a rule adopted under this Act,
specifically Board Rules 165.l(a), failure to maintain an adequate medical record;
3. Section 164.051(a)(6) of the Act authorizes the Board to take disciplinary action
against Respondent based on Respondent's failure to practice medicine in an acceptable
professional mmmer consistent with public health and welfare, as further defined by Board Rules
l90.8(l)(A), failure to treat a patient according to the generally accepted standard of care;
l90.8(1)(C), failure to use proper diligence in one's professional practice; 190.8(1 )(D), failure to
safeguard against potential complications;
4. Section 164.001 of the Act authorizes the Board to impose a range of disciplinary
actions against a person for violation of the Act or a Board rule.
5. Section 164.002(a) of the Act authorizes the Board to resolve and make a
disposition of this matter through an Agreed Order.
6. Section 164.002( d) of the Act provides that this Agreed Order is (I settlement
agreement under the Texas Rules of Evidence for purposes of civil litigation
Based on the above Findings and Conclusions of Law, the Board ORDERS that Respondent
shall be subject to the following terms and conditions:
I. Within one year from the date of the entry of this Order, Respondent shall enroll
in and successfully complete at least eight (8) hours of continuing medical education ("CME") in
medical recordkeeping, and at least eight (8) hours ofCME in pulmonary masses and indications
for and against surgical intervention, approved for Category 1 credits by the American Medical
Association, approved in writing in advance by the Executive Director or their designee. To
obtam approval for the course, Respondent shall submit in \vriting to the Compliance
Depnrtrnent inf(mllation on the course, to include at kast a reasonably detaJ!ed descnption of the
course content and faculty, as well as the course location ancl dates of instruction. Respondent
shall submit documentation of attendance and successful completion of this requirement to the
Compliance Department on or before the expiration of the time limit set forth for completion of
the course. The CME requirements set forth in this paragraph shall be in addition to all other
CME required for licensure maintenance.
2. At all times while Respondent is under the terms of this Order, Respondent shall
give a copy of this Order to all hospitals, nursing homes, treatment facilities, and other health
care entities where Respondent has privileges, has pending an application for privileges, applies
for privileges, or otherwise practices. Within 30 days of being first contacted by the Compliance
Division of the Board following entry of this Order, Respondent shall provide to the Compliance
Division of the Board documentation, including proof of delivery, that the Order was delivered
to all such facilities.
3. Respondent shall comply with all the provtstons of the Act and other statutes
regulating the Respondent's practice.
4. Respondent shall fully cooperate with the Board and the Board staff, including
Board attorneys, investigators, compliance officers, consultants, and other employees or agents
of the Board in any way involved in investigation, review, or monitoring associated with
Respondent's compliance with this Order. Failure to fully cooperate shall constitute a violation
of this order and a basis for disciplinary action against Respondent pursuant to the Act
5. Respondent shall inform the Board in writing of any change of Respondent's
office or mailing address within 10 days of the address change. This information shall be
submitted to the Registration Department and the Compliance Department of the Board. Failure
to provide such information in a timely manner shall constitute a basis for disciplinary action by
the Board against Respondent pursuant to the Act. Respondent ogrccs that I 0 days notice of a
Probationer Show Compliance Proceeding to address any allegation of non-compliance of this
Agreed Order is adequate and reasonable notice prior to the initiation of fimnal disciplinary
Page 4 oC7
action. Respondent waives the 30-day notice rcqutrcmcnt pr()\!Jclccl by § l M.003(b)(2) of the
Medical Practice Act and agrees to I 0 days' notice, as provHJed in 22 Texas Administrative Code
§ 187.44( 4).
6. Any violation of the terms, conditions, or requirements of this Order by
Respondent shall constitute unprofessional conduct likely to deceive or defraud the public, or to
injure the public, and shall constitute a basis for disciplinJry action by the Board against
Respondent pursuant to tbe Act.
7. Respondent shall be permitted to supervise and delegate prescriptive authority to
physician assistants and advanced practice nurses and to supervise surgical assistants.
8. This Order shall automatically tenninatc upon Respondent's submission of
sufficient evidence to the Compliance Division of the Board that Respondent successfully
completed the requirements ordered in Ordering Paragraph No. 1 and 2.
RESPONDENT WAIVES ANY FURTHER HEARINGS OR APPEALS TO THE BOARD OR
TO ANY COURT 1N REGARD TO ALL TERJ\1S AND CONDlTIONS OF THIS AGREED
ORDER. RESPONDENT AGREES THAT THIS IS A FINAL ORDER.
TI-IIS ORDER IS A PUBLIC RECORD.
(SIGNATURE PAGES FOLLOW)
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I, JANARDHANA REDDY, M.D., HAVE READ AND UNDERSTAND THE FOREGOING AGREED ORDER. I UNDERSTAND THAT BY SIGNING, I WAIVE CERTAIN RIGHTS. I SIGN IT VOLUNTARILY. I UNDERSTAND THIS AGREED ORDER CONTAINS THE ENTIRE AGREElvfENT AND THERE IS NO OTHER AGREEMENT OF ANY KIND, VERBAL, WRITTEN OR OTHER WISE.
DATED: 8) 'L 'L \ , 2016.
STATE OF J:ix&s COUNTY OF ill/..£) lld/o __ _
_Q~ JANARDHANA RED , M.D. Respondent
§ § §
SWORN TO AND ::9JCKNOWLEDGED BEFORE ME, the undersigned Notary Public, on this .22 day of flttGusr , 2016.
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,;;2_jp SICINE~ .AN~TERED by the presiding officer nf the ·rcxas JV!cdical Board on this ________ day of ~-JJUS( , 2016.
------·------ - ~---- ·--Michael Arambula, iviD., Pharrn.D., President Texas Medical Doard
,..,.,_.:....:.-=..;...LJJ-L-;L..:::..=.x_q:~"---.,... certify that I am an official assistant custodian of ~.:cords for the Texas Medical Board and that this is a true and correct Copy of the original, as it appears on the me in this office.
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