BEFORE THE MEDICAL BOARD OF CALIFORNIA

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation ) Against: )

) )

NASRIN MANI, M.D. ) )

Physician's and Surgeon's ) Certificate No. A 40473 )

) Respondent )

Case No. 800-2014-002393

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 March 2, 2017.

IT IS SO ORDERED January 31, 2017.

MEDICAL BOARD OF CALIFORNIA

By: lwJJu_ ~trw ~fj/f.J? Michelle Anne Bho1at, ~.: Chair Panel B

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KAMALA D. HARRIS Attorney General of California ALEXANDRA M. ALVAREZ Supervising Deputy Attorney General JosEPH F. McKENNA III Deputy Attorney General State Bar No. 231195

600 West Broadway, Suite 1800 San Diego, CA 921 01 P.O. Box 85266 San Diego, CA 92186-5266 Telephone: (619) 738-9417 Facsimile: (619) 645-2061

Attorneys/or Complainant

BEFORE THE MEDICAL BOARD OF CALIFORNIA

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against:

NASRIN MANI, M.D. 835 Third Avenue,# A Chula Vista, California 91911

Physician's and Surgeon's Certificate No. A40473,

Respondent.

Case No. 800-2014-002393

OAH No. 2016-050646

STIPULATED SETTLEMENT AND DISCIPLINARY ORDER

IT IS HEREBY STIPULATED AND AGREED by and between the parties to the above-

entitled proceedings that the following matters are true:

PARTIES

I. Kimberly Kirchmeyer (Complainant) is the Executive Director of the Medical Board

23 of California. She brought this action solely in her official capacity and is represented in this

24 matter by Kamala D. Harris, Attorney General ofthe State of California, by Joseph F. McKenna

25 III, Deputy Attorney General.

26 2. Respondent Nasrin Mani, M.D., is represented in this proceeding by attorney Robert

27 W. Frank, Esq., whose address is: 1010 Second Avenue, Suite 2500, San Diego, California,

28 92101.

STIPULATED SETTLEMENT AND DISCIPLINARY ORDER (800-20I4-002393)

3. On or about October 11, 1983, the Medical Board of California issued Physician's

2 and Surgeon's Certificate No. A40473 to Nasrin Mani, M.D. (Respondent). The Physician's and

3 Surgeon's Certificate was in full force and effect at all times relevant to the charges brought in

4 Accusation No. 800-2014-002393, and will expire on July 31,2017, unless renewed.

5 JURISDICTION

6 4. On February 9, 2016, Accusation No. 800-2014-002393 was filed before the Medical

7 Board of California (Board), Department of Consumer Affairs, and is currently pending against

8 Respondent. On February 9, 2016, a true and correct copy of Accusation No. 800-2014-002393

9 and all other statutorily required documents were properly served on Respondent by certified mail

10 at her address ofrecord on file with the Board which was: 835 Third Avenue,# A, Chula Vista,

11 California, 91911. Respondent filed her Notice of Defense contesting the Accusation on

12 February 24, 2016. A true and correct copy of Accusation No. 800-2014-002393 is attached

13 hereto as Exhibit A and incorporated herein by reference as if fully set forth herein.

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15 5.

ADVISEMENT AND WAIVERS

Respondent has carefully read, fully discussed with counsel, and understands the

16 charges and allegations in Accusation No. 800-2014-002393. Respondent has also carefully read,

17 fully discussed with counsel, and fully understands the effects of this Stipulated Settlement and

18 Disciplinary Order.

19 6. Respondent is fully aware of her legal rights in this matter, including the right to a

20 hearing on the charges and allegations in Accusation No. 800-2014-002393; the right to be

21 represented by counsel at her own expense; the right to confront and cross-examine the witnesses

22 against her; the right to present evidence and to testify on her own behalf; the right to the issuance

23 of subpoenas to compel the attendance of witnesses and the production of documents; the right to

24 reconsideration and court review of an adverse decision; and all other rights accorded by the

25 California Administrative Procedure Act and other applicable laws, having been fully advised of

26 same by her attorney of record, Robert W. Frank, Esq.

27 7. Having the benefit of counsel, Respondent hereby voluntarily, knowingly, and

28 intelligently waives and gives up each and every right set forth above.

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STIPULATED SETTLEMENT AND DISCIPLINARY ORDER (800-20I4-002393)

CULPABILITY

2 8. Respondent does not contest that, at an administrative hearing, Complainant could

3 establish aprimafacie case with respect to the charges and allegations contained in Accusation

4 No. 800-2014-002393, as more particularly described only in paragraphs 16, 21, 27 and 28, and

5 that she has thereby subjected her Physician's and Surgeon's Certificate No. A40473 to

6 disciplinary action.

7 9. Respondent agrees that if an accusation and/or petition to revoke probation is filed

8 against her before the Medical Board of California, with respect to the charges and allegations

9 contained in Accusation No. 800-2014-002393, as more particularly described only in paragraphs

10 16, 21, 27 and 28, shall be deemed true, correct and fully admitted by Respondent for purposes of

11 any such proceeding, or any other licensing proceeding involving Respondent in the State of

12 California.

13 CONTINGENCY

14 I 0. This Stipulated Settlement and Disciplinary Order shall be subject to approval of the

15 Board. The parties agree that this Stipulated Settlement and Disciplinary Order shall be

16 submitted to the Board for its consideration in the above-entitled matter and, further, that the

17 Board shall have a reasonable period of time in which to consider and act on this Stipulated

18 Settlement and Disciplinary Order after receiving it. By signing this stipulation, Respondent fully

19 understands and agrees that she may not withdraw her agreement or seek to rescind this

20 stipulation prior to the time the Board considers and acts upon it.

21 11. The parties agree that this Stipulated Settlement and Disciplinary Order shall be null

22 and void and not binding upon the parties unless approved and adopted by the Board, except for

23 this paragraph, which shall remain in full force and effect. Respondent fully understands and

24 agrees that in deciding whether or not to approve and adopt this Stipulated Settlement and

25 Disciplinary Order, the Board may receive oral and written communications from its staff and/or

26 the Attorney General's Office. Communications pursuant to this paragraph shall not disqualify

27 the Board, any member thereof, and/or any other person from future participation in this or any

28 other matter affecting or involving Respondent. In the event that the Board does not, in its

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STIPULATED SETTLEMENT AND DISCIPLINARY ORDER (800-20I4-002393)

discretion, approve and adopt this Stipulated Settlement and Disciplinary Order, with the

2 exception of this paragraph, it shall not become effective, shall be of no evidentiary value

3 whatsoever, and shall not be relied upon or introduced in any disciplinary action by either party

4 hereto. Respondent further agrees that should this Stipulated Settlement and Disciplinary Order

5 be rejected for any reason by the Board, Respondent will assert no claim that the Board, or any

6 member thereof, was prejudiced by its/his/her review, discussion and/or consideration of this

7 Stipulated Settlement and Disciplinary Order or of any matter or matters related hereto.

8 ADDITIONAL PROVISIONS

9 12. This Stipulated Settlement and Disciplinary Order is intended by the parties herein

I 0 to be an integrated writing representing the complete, final and exclusive embodiment of the

II agreements ofthe parties in the above-entitled matter.

12 13. The parties agree that copies ofthis Stipulated Settlement and Disciplinary Order,

13 including copies of the signatures ofthe parties, may be used in lieu of original documents and

14 signatures and, further, that such copies shall have the same force and effect as originals.

15 14. In consideration of the foregoing admissions and stipulations, the parties agree the

16 Board may, without further notice to or opportunity to be heard by Respondent, issue and enter

17 the following Disciplinary Order:

I 8 DISCIPLINARY ORDER

19 I. PUBLIC REPRIMAND.

20 IT IS HEREBY ORDERED that Respondent Nasrin Mani, M.D., Physician's and

21 Surgeon's Certificate No. A40473, shall be and is hereby Publicly Reprimanded pursuant to

22 California Business and Professions Code section 2227, subdivision (a), subsection (4). This

23 Public Reprimand, which is issued in connection with the allegation as set forth in Accusation

24 No. 800-2014-002393, is as follows:

25 Respondent is publicly reprimanded for violating Business and Professions

26 Code 651 in 2015 by falsely stating on internet advertising media and otherwise

27 that she was the double board certified founder of La Jolla Cosmetic Laser Surgery

28 Center when in fact she was not double board certified. The Medical Board of

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STIPULATED SETTLEMENT AND DISCIPLINARY ORDER (800-2014-002393)

1 California recognizes only her board certification by the American Board of

2 Ophthalmology and does not recognize her certification by the American Board

3 of Cosmetic and Aesthetic Medicine. Such publications were misleading and

4 deceptive to the public.

5 ACCEPTANCE

6 I have carefully read the above Stipulated Settlement and Disciplinary Order and have fully

7 discussed it with my attorney, Robert W. Frank, Esq. I understand the stipulation and the effect it

8 will have on my Physician's and Surgeon's Certificate No. A40473. I enter into this Stipulated

9 Settlement and Disciplinary Order voluntarily, knowingly, and intelligently, and agree to be

10 bound by the Decision and Order of the Medical Board of California.

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DATED: lc/3/J& NASRIN MANI, M.D. Respondent

I have read and fully discussed with Respondent Jasmine McLeod, M.D., the terms and

conditions and other matters contained in the a;-~ipulated Settlement and Disciplinary Order.

~:;;~~ it~~~~:1co~:t ~~ .. ~ ROBERT W. FRANK, ESQ. . Attorneyfor Respondent

19 ENDORSEMENT

20 The foregoing Stipulated Settlement and Disciplinary Order is hereby respectfully

21 submitted for consideration by the Medical Board of California.

22 Dated: Duro_;~ ff1 .2.. tJI~ Respectfully submitted,

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28 SD20l5802738/Doc.No.8l467l73

KAMALA D. HARRIS Attorney General of California ALEXANDRA M. ALVAREZ

rpervising Deputy Attorney General

c ·;f~ C~_;;;= / I JOSEPH F. MCKENNA III I

1 Deputy Attorney General

\j Attorneys for Complainant

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STIPULATED SETTLEMENT AND DISCIPLINARY ORDER (800-2014-002393)

Exhibit A

Accusation No. 800-2014-002393

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KAM;\LA D. HARRJS Attorney General of California ALEXANDRA M. ALVAREZ Supervising Deputy Attorney Genera! Mi\'ITHEW M. D,\ VIS Deputy Attorney General State Bar No. 202766

600 West Broadway, Suite HlOO San Diego, CA 92101 P.O. Box ~5266 San Diego, CA 92186-5266 Telephone: (619) 645-2093 f-acsimile: (619) 645-2061

Attorneys for Complainant

flL~WJ $Tt~"':'Z: Of= ~:r~JJFC~~~L~

~,·~~::D~CAl ~0/~~R[) OF

BEFORE THE MEDICAL BOARD O.F CALIFORi\JlA

DEPARTMENT Of' CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against: Case No. 800-2014-002393

14 NASRJN l\1A~I, IVLD. ACCUSATION 835 Third A venue #A

15 Chuia 'Vista, CA 91911

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Physician's and Surgeon's Certificate No. A40473,

18 Respondent.

19 Complainant alleges:

20 PARTIES

21 1. Kimberly Kirchmc:yer (complainant) brings this Accusation ~olcly in her official

22 capacity as the Executive Director of the :t\ifedical Board of California, Department of Consumer

23 Affairs (Board).

24 2. On or about October 11, 1983, the Medical Board issued Physician's and Surgeon's

25 Certificate No. A 40473 to Nasrin Mani, M.D. (respondent). The Physician's and Surgeon's

26 Certificate No. A 40473 V·ias in full force and effect at all Limes relevant to the charges brought

27 herein and w·ill expire on July 31, 2017, unless renewed.

20 II/

1----- ---------------------------------Accusation Case Nn. B00-2014-002394

JURISDICTION

3. This Accusation is brought before the Board, under the autlwrity of the following

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laws. All section references arc to the Business and Professions Code (Code) unless othcnvisc

indicated.

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4. Section 2220 of the Code states, in pertinent part

''Except as otherv.rise provided by law, the board m~ry take action against all

persons guilty of violating this chapter [Chapter 5, the Medical Practice Act]. The

board shall enforce and administer this article as to physician and surgeon certificates

holders.''

5. Section 2227, subdivision (a), of the Code states:

11 '·A licensee whose matter has been heard by an administrati·.:c law judge of the

12 Medical Quality Hearing Panel as designated in Section 11371 of the Government

13 Code, or whose default has been entered, and who is found guilty, or \vho has entered

14 into a stipulation for disciplinary action with the board, may·, in accordance with the

15 provisions of this chapter [Chapter 5, the Medical Practice Act]:

16 "(1) Ha·vc his or her license revoked upon order oCthe board.

17 "(2) Have his or her right to practice suspended for a period not to exceed one

18 year upon order of the board.

19 "( 3) Be pi aced on probation and be required to pay the costs of probation

20 monitoring upon order of the board.

21 "(4) Be publicly reprimanded by the board. The public reprimand may include

22 a requirement that the licensee complete relevant educational courses approved by the

23 board.

24 ''(5) Have any other action taken in relation to discipline as part of an order of

25 probation, as the board or an administrative lavv judge may deem proper.''

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Accusati( •n Case No. 1\00-20 l ~-002304

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6. Section 2234 of the Code states:

"The board shall take action against any licensee "vho is charged with

unprofessional conduct. In addition to other provisions of this article, unprofessional

conduct includes, but is not limited to, the follov;ing:

"(a) Violating or attempting to violate, directly or indirectly, assisting in or

abetting the violation of, or conspiring to violate any provision of this chapter.

"(b) Gross negligence.

"(c) Repeated negligent acts. To be repeated, there must be two or more

negligent acts or omissions. An initial negligent act or omission ful!mvcd by a

separate and distinct departure from the applicable standard of cart shall constitute

repeated negligent acts.

'"( 1) An initial negligent diagnosis foHowed by an act or omission medically

appropriate for that negligent diagnosis of the patient shall constitute a single

negligent act.

'"(2) When the standard of care requires a change in the diagnosis, act, or

omission that constitutes the negligent act described in paragraph (I), including, but

not limited to, a reevaluation or the diagnosis or a change in treatment, and the

licensee's conduct departs from the applicable standard of care, each departure

constitutes a separate and distinct breach of the standard of care.

7. Section 651 of the Code states in pertinent part:

22 '"(a) Jt is unlawful for any person licensed under this division or under any

23 initiative act referred to in this division to disseminate or cause to be disseminated any

24 form of public communication containing a false, f'rauclulcnt, misleading, or deceptive

25 statement, claim, or image for the purpose of or likely to induce, directly or indirectly,

26 the rendering of professional services or furnishing of products in connection with the

27 professicmal practice or business for \;,-hich he or she is licensed. A 'public

21:1 communication' as used in this section includes. hut is not limited w, communication

Accusaticn Cas~ No. 800-2014-002394

by means of mail, television, radio. motion picture, newspaper, bonk, list or directory

2 of healing arts practitioners, Internet, or other electronic communication.

3 "(b) A Jl1lse. fraudulent, misleading, or deceptive statement. claim, or ir:1age

4 includes a statement or claim that does any of the following:

5 "(I) Contains a misrepresentation of fact.

6 ''(2) Is likely to mislead or deceive because of a failure to disclose

7 material facts.

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""(5) Contains other representations or imp1ications that in reasonable 10

probabilit)' will cause an ordinarily prudent person to misundcrstaml or be deceived.

11 '"(6) tv1akcs a claim either of professional superiority or of perfom1ing

12 services in a superior manner, unless that daim is relevant to the service being

13 performed and can be substantiated with objective scientific evidence.

14 "(7) l\·1akes a scientific claim that cannot be substantiated by reliable, peer

15 reviewed, published scientific studies.

16 "( 8) Includes any statement, endorsement, or testimonial that is likely to

17 mislead or deceive because of a failure to disclose material facts.

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19 "(e) Any person so licensed may not use any professional card. professiona1

20 announcement card, office sign, leucrhcad, telephone directory listing, medica! list,

21 medical directory listing, or a similar professional notice or device if it includes a

22 statement or claim that is false, fraudulent, misleading, or deceptive within the

23 meaning of subdivision (b).

24 "(1) i\ny person so licensed who violates this section is gLilty of a

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misdemeanor. A bona fide mistake of fact shall be a defense to this subdivision, but

26 only to this subdivision.

27 ''(g) Any violation of this section by a person so licensed ~;hall constitute

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Accusaticn Case No. SOU-2014-002394

1 good cause for revocation or suspension of his or her license or other disciplinary

2 action.

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4 ~~((~)I\ physician and surgeon licensed under Chapter 5 ( con1n1encing \Vith

5 Section 2000) by the l'vledical Board of California may include a statement that he or

6 she limits his or her practice to specific fields, but shall not include a statement that

7 he or she is certified or eligible for certification by a private or public board or parent

8 association, including, but not limited to, a multidisciplinary board or association,

9 unless that board or association is (i) an American Board of Medical Specialties

10 member hoard, (ii) a board or association with equivalent requirements approved by

11 that physician and surgeon's licensing board, or (iii) a board or association with an

12 Accreditation Council for (]raduate Medical Education approved postgraduate

13 training program that provides complete training in that specialty or subspecialty. A

14 physician and surgeon licensed under Chapter 5 (commencing with Section 2000) by

15 the Medical Board of California \vho is certified by an organization other than a board

16 or association rcfcncd to in clause (i), (ii), or (iii) sha[l not use the term 'board

17 certified' in reference to that certiEeation, unless the physician and surgeon is also

18 licensed under Chapter 4 (commcncjng with Section 1600) and the use of the term

19 'board certified' in reference to that certification is in accordance v;ith subparagraph

20 {A). A physician and surgeon licensed under Chapter 5 (commencing \vith Section

21 2000) by the Medical Board of California who is certified by a board or association

22 referred to in clause (i), (ii), or (iii) shall not usc the term 'hoard certified' unless the

23 full name of the certifying board is also used and given comparable prominence with

24 the term "hoard certified" in the statement.

25 '·For purposes oC this subparagraph, a 'multidisciplinary board or

26 association's means an educational certil)'ing body that has a psychomctricaUy valid

27 testing process, as determined by the Medical Board of California, for certifying

21) medic<d c.octors and other heal tb care professionals that is based on the applicant's

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Accusaticn Case No. R00-2014-0CJ2394

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education, training, and experience.

''for purposes of the term 'board certified,· as used in this subparagraph. the

terms 'board' and 'association' mean an organization that is an American Board of

Medical Specialties member board, an organization with equivalent requirements

approved by a physician and surgeon's licensing board, or an organization with an

Accreditation Council for Graduate Medical Education approved postgraduate

training program that provides complete training in a specialty or subspecialty.

"The Medical Board of California shall adopt regulations to establish and

collect a reasonable fcc from each board or association applying for recognition

pursuant to this subparagraph. The fcc shall not exceed the cost of administering this

subparagraph. 1\otwithstanding Section 2 of Chapter 1660 of the Statutes of 1990,

this subparagraph shall become operative July 1, 1993. Hovvever, an administrative

agency or accrediting organization may take any action contempla:ed by this

subparagraph relating to the establishment or approval of specialist requirements on

and after January 1, 1991.

8. Section 2216 of the Code states:

"On or after July 1, 1996, no physician and surgeon shall pcrfom1

procedures in an outpatient setting using anesthesia, except local anesthesia or

peripheral nerve blocks, or both, complying with the community standard of

practice, in doses that, when administered, have the probability of placing a

patient at risk for loss of the patient's life preserving protective reflexes, unless the

setting is specified in Section 1248.1[of the Health and Safety Code]. Outpatient

settings \vherc anxiolytics and analgesics arc administered arc excluded when

administered, in compliance \Vith the community standard of practice, in doses

that do not have the probability of placing the patient at risk for loss of the

patient's life preserving protective reflexes.

''The definition of >outpatient settings= contained in subdivision (c) of

Section 1248!ofthe Health and Safety Code] shall apply to this ~ection.@

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Accusation Case No. 000-2014-002394

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9. Section 124H.1 of the Health and Safety Code states:

··No association. c:orporation, fim1, partnership, or person shall operate.

manage, conduct, or maintain an outpatient setting in this state, unless the setting

is one of the follmving:

"(a) An ambulatory surgical center that is certified to participate in the

Medicare program under Title XVIII (42 U.S.C. Sec. 1395 ct seq.) of the federal

Social Security Act.

"(h) Any clinic conducted, maintained, or operated hy a federally

recognized Indian tribe or tribal organization, as defined in Section 450 or 1601 of

Title 25 of the United States Code, and located or land recognized as trial land by

the federal government.

''(c) Any clinic directory conducted, maintained, or operated by the

United Stales or by any of its departments, officers, or agencies.

·'(d) Any primary care clinic licensed under subdivision (a) and any

surgical clinic licensed under subdivision (b) of Section !204.

"'(e) Any health facility licensed as a general acute care hospital under

Chapter 2 (commencing vvith Section 1250).

"(f) Any outpatient setting to the extent that it is used by a dentist or

physician and surgeon in compliance \Vith Article 2.7 (commencing with Section

1646) or Article 2.B (commencing with Section 1647) of Chapter 4 of Division 2

of the Business and Professions Code.

''(g) An outpatient setting accredited by an accreditation agency

approved by the division pursuant to this clmptcr.

"'(h) A setting, including, but not limited to, a mobile van, in \Vhich

25 equipment is used to treat patients admitted to a facility describcc' in subdivision

26 (a), (d), or (e), and in which the procedures performed arc staffed by the medical

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staff of, or other healthcare practitioners \vith clinical privileges at, the facility

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1 and arc subject to the peer review process of the facility but which setting is not a

2 part of a facHity described in subdivision (a), d), or (c).

3 "Nothing in this section shall relieve an association. corporation. firm.

4 partnership, or person from complying with all other provisions of law that arc

5 otherwise applicable."

6 10. Unprofessional conduct under Business and Professions Code section 2234 is

7 conduct which breaches the rules or ethical code of the medical profession, or

8 conduct which is unbecoming a member in good standing of the medical profession,

9 and which demonstrates an unfitness to practice medicine. (."l'hea \'. Bd. of Medical

10 J>xamincrs (197H) Hl Cal.App.3d 504, 575.)

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12 FIRST CAUSE FOR DISCIPLINE

13 (Gross Negligence)

14 11. Respondent has subjected her Physician's and Surgeon's Certificate No. A 40473 to

15 disciplinary action under sections 2227 and 2234 of the Code, as defined by section 2234,

16 subdivision (b), of the Code, in that she committed gross negligence in her operation of La Jolla

17 Cosmetic Laser Surgery Center (LJCLSC), as more particularly alleged hereinafter:

18 12. On July 29, 2015, respondent was interviewed at the California Medieall3oanl's San

19 Diego District Office. During that intcrvie'Yv respondent stated that U CLSC utilizes conscious

20 sedation during certain procedurefl by administering Versed 1 orally. Respondent indicated that if

21 Versed is administered intravenously, '·we call a anesthesiologist." Respondent further indicated

22 that the UCLSC is not a licensed, accredited or certified outpatient setting.

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27 1 Is a Schcduk !V controlled substance pursuant to Health and Safely <"'ode section 11057,

subdivision (d), and a dangerous drug pursuant to Business and Profcs~ions Codt: section 4022.

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Accusalic'n Case No. S00-20 J 4-00231)4

1 13. Respondent committed gross negligence which included, but was not limited to, the

2 following:

(a) Respondent permitted procedures to be conducted under conscious sedation in

4 an unlicensed, unaccredited, or uncertified outpatient setting.

5 SECOND CAlJSE FOR DISCIPLINE

6 (Repeated Negligent Acts)

7 14. Respondent has further subjected her Physician's and Surgeon's Certificate No.

8 A 40473 to disciplinary action under sections 2227 and 2234 of the Code, as defined by section

9 2234, subdivision (c), of the Code, in that she committed repeated negligent acts in her operation

1.0 of UCLSC, as more particularly alleged hereinafter:

11 15. Paragraphs 12 through 13, above, which are hereby incorpo:-ated by reference and

1.2 rcallegecl as if fu1ly set forth herein.

13 16. Since in or about 2005, respondent has owned and operated the UCLSC. The

1.4 IJCLSC employs a physician, a physician assistant, registered nurses, medical assistants, an

15 office manager and clerical \vorkers. UCLSC provides aesthetic services, including but not

1.6 limited to Fraction C02 Laser treatments and Intense Pulsed Light therapy, injectabks such as

17 hyaluronic acid fillers and botulinum toxin, and fat reduction with external devices such as

IB Coolsculpting.

19 17. On or about May 5, 201.1., patient D.K presented to the UCL5C. At this initial

20 appointment, registered nurse M.M. recommended that patient D.K. receive Intense Pulsed Light

21 therapl (IPL) utilizing the Lumenis One machine to treat rosacea, redness, and discoloration on

22 his neck and ebesl. On or about l'v1ay 5, 2011, Dr. J.l'v1., approved nurse l:vLM.'s treatment

23 recommendations. The proposed IPL treatments were to be administered over three clinical

24 visits.

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2H

2 Intense pulsed light, commonly abbreviated as IPL, is a technology used by cosmetic and medical practitioners to perform various skin treatments for aesthetic and therapeutic uses. The technology utilizes a broad spectrum light source, \vith a general spectral range of 500 to 1200 nm.

---------------------------------·----Accusation Cuse No. 800-2014-002394

1 18. LJCLSC's written protocol for IPL treatment only authorized respondent and J.P., a

2 former employee, to perform IPL therapy in its list or authorized providers.

3 19. On or about, May 16, 2011, registered nurse M.M. performed IPL therapy on patient

4 D. K. At the time registered nurse M.M. performed this treatment, she was not listed as an

5 authorized IPL provider in the LJCLSC protocol.

6 20. On or about August 15, 2011, Dr. J.M. performed the second lPL therapy treatment

7 on patient D.K.'s neck and chest using the Lumenis One machine. At the time that Dr. J.l\:1.

8 performed the second IPL treatment on patient D.K., she had not previously revic\vcd the

9 IJCLSC's written IPL protocol nor was she listed as a provider in the LJCLSC protocol.

10 21. In or about March 2014, respondent's \vebsitc f()r UCLSC s,ated that respondent is

11 the "double board certified founder'· of LJCLSC. The website further stated that respondent is a

12 Diplomate of the American Academy of Opthamology and a Diplomate of the American Board

13 Cosmetic and Aesthetic Medicine. The American Board of Cosmetic and Aesthetic Medicine is

14 not a recognized American Board of Medical Specialty·.

15 22. Respondent committed repeated negligent acts which included, but was not limited

16 to, the following:

17 (a) Respondent permitted procedures to be conducted under conscious sedation in

18 an unlicensed, unaccredited, or uncertified outpatient setting.

19 (b) Respondent failed to adequately insure that the UCLSC"s IPL therapy protocol

20 v,·as rcviev.:ed by LJCLSC employees who administered IPL therapy;

21 (c) Respondent failed to update the UCLSC's IPL therapy protocol to rei1ect

22 which LJCLSC employees were authorized to administer IPL therapy; and

23 (d) Respondent claimed to be double board certified when, in fact, she vvas not.

24 THIRD CAUSE FOR DISCIPLINE

25 (Lack of Outpatient Setting Accreditation)

26 23. Respondent has Jurther subjected her Physician's and Surgccn's Certificate Number

27 A 40473 to disciplinary action under sections 2227 and 2234, as defined by section 2216 of the

28 Code, and Health ami Safety Code section 124H.1, in that she authorized the usc of sedating

10 --·---- ---------

Accusati(•ll Case No. S00-20 14-0023()4

1 medication that places a patient at risk for loss of the patient's life preserving protective reflexes

2 in an unlicensecl, unaccredited, or uncertified outpatient setting, as more particularly alleged

3 herein:

4 24. Paragraphs 12 through 13, above, arc hereby incorporated by reference and rcallcged

5 as if fully set forth herein.

0 FOURTH CAUSE FOR DISCIPLINE (Violating or Attcrnpting to Violate, Directly or Inc!ircct!y,

7 A Provision of the iv1cdical Practice Act)

8 25. Respondent has further subjected her Physician's and Surgeon's Certificate No.

l) A 40473 to disciplinary action under sections 2227 and 2234 of the Code, as defined by section

10 2234, subdivision (a), of the Code, in that she violated or attempted to violate, directly or

11 indirectly, or assisted in or abetted the violation of, or conspired to violate, a provision of the

12 Medical Practice Act, as more particularly alleged hereinafter:

13 26. Paragre1phs !2 through 24, above, are hereby incorporated by reference and rea!lcgcd

14 as if fully set forth herein.

15 F!FH CAUSE FOR IHSCIPUNE

16 (Dissemination of False, fraudulent, Misleading or Deceptive Statement5, Claims or Images)

17 27. Respondent has further subjected her Physician's and Surgeon's Certificate No.

18 A 40473 to disciplinary action under section 651 of the Code, in that she has caused to be

19 disseminated public communications, namely by advertisements and statements on her interne!

20 website, containing false, fraudulent, misleading or deceptive statements, claims or images for the

21 purpose of or likely to induce, directly or indirectly, the rendering of professional services or

22 furnishing of products in connection with the professional practice or business for which she is

licensed, as more particularly alleged hereinafter:

24 2H. Paragraph 21, above, is hereby incorporated by reference and reallegcd as if fully set

25

26

27

2o

forth her(.~in.

//I

II!

iiJ I I I

11

Accusaticn Case No. X00-2014-002:\<)4

1

2

SIXTH CAUSE H)R DISCIPLINE

(General Unprofessional Conduct)

3 29. Respondent has further subjected her Physician's and Surgeon's Certificate Ko.

4 A 40473 to disciplinary· action under sections 2227 <mel 2234 of the Code, as defined by section

5 2227 and 2234 of the Code in that she undertook conduct which breaches the rules or ethical code

6 of the medical profession, or conduct which is unbecoming a member in goocl standing of the

7 medical profession, and which demonstrates an unfitness to practice medicine, as more

8 particularly alleged hereinafter:

9 30. Paragraphs 12 through 28, above, which arc hereby incorporated by reference and

10 reallcged as if fully set forth herein.

11 PRAYER

12 WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged,

13 and that following the hearing, the Medical Board of California issue a decision:

14 1 L Revoking or suspending Physician's and Surgeon's Certificate No. A 40473, issued

15 to respondent Nasrin Mani, fvi.D.;

16 2. Revoking, suspending or denying approval of respondent Nasrin Mani, M.D.'s,

17 authority to supervise physician assistants, pursuant to section 3527 of the Code;

18 3. Ordering respondent Nasrin Mani, M.D., if placed on probation, to pay the Board the

19 costs of probation monitoring; and

20 4. Taking such other and further action as deemed necessary and proper.

21

22 DATED: February 9, 2016

23

24

25

26

27

28

Executive Medical Board of California Department of Consumer Affairs State of California Complainant

12