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.

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(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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