MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER …4patientsafety.org/documents/Standefer,...

BEFORE THE MEDICAL BOARD OF CALIFORNIA

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against: ) )

CHARLOTTE BOBO STANDEFER, M.D. ) )

Physician's and Surgeon's ) Certificate No. G 78053 )

) Respondent. )

)

Case No. 12-2012-225170

DECISION AND ORDER

The attached Stipulated Settlement and Disciplinary Order is hereby adopted by the Medical Board of California, Department of Consumer Affairs, State of California, as its Decision in this matter.

This Decision shall become effective at 5:00p.m. on April 7, 2016.

IT IS SO ORDERED March 8, 2016.

MEDICAL BOARD OF CALIFORNIA

By: Howard Krauss, M.D., Chair Panel B

KAMALA D. HARRIS Attorney General of California

2 JANE lACK SIMON Supervising Deputy Attorney General

3 JOSHUA M. TEMPLET Deputy Attorney General

4 State Bar No. 267098 455 Golden Gate A venue, Suite 11000

5 San Francisco, CA 941 02-7004 Telephone: ( 415) 703-5529

6 Facsimile: (415) 703-5480 Attorneysfor Complainant

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: Case No. 12-2012-225170

CHARLOTTE BOBO STANDEFER, M.D. OAH No. 2015090411

2500 Alhambra Avenue Martinez, CA 94553 Physician's and Surgeon's Certificate No. G78053

Respondent.

STIPULATED SETTLEMENT AND DISCIPLINARY ORDER

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

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

23 matter by Kamala D. Harris, Attorney General of the State of California, via Joshua M. Templet,

24 Deputy Attorney General.

25 2. Respondent Charlotte Bobo Standefer, M.D. (Respondent) is represented in this

26 proceeding by attorney Stephen M. Boreman, whose address is I Embarcadero Center, Ste 400,

27 San Francisco, CA 94111.

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STIPULATED SETTLEMENT ( 12-2012-225170)

3. On or about December 1, 1993, the Medical Board of California issued Physician's

2 and Surgeon's Certificate No. G78053 to Respondent. The certificate was in full force and effect

3 at all times relevant to the charges brought in Accusation No. 12-2012-225170 and will expire on

4 November 30, 2017, unless renewed.

5 JURISDICTION

6 4. Accusation No. 12-2012-225170 was filed before the Medical Board of California

7 (Board), Department of Consumer Affairs, and is currently pending against Respondent. The

8 Accusation and all other statutorily required documents were properly served on Respondent on

9 July 15, 2015. Respondent timely filed her Notice of Defense contesting the Accusation.

1 0 5. A copy of Accusation No. 12-2012-225170 is attached as Exhibit A and is

II incorporated herein by reference.

12 ADVISEMENT AND WAIVERS

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

14 charges and allegations in Accusation No. 12-2012-225170. Respondent has also carefully read,

15 fully discussed with counsel, and understands the effects ofthis Stipulated Settlement and

16 Disciplinary Order.

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

18 hearing on the charges and allegations in the Accusation; the right to be represented by counsel at

19 her own expense; the right to confront and cross-examine the witnesses against her; the right to

20 present evidence and to testify on her own behalf; the right to the issuance of subpoenas to

21 compel the attendance of witnesses and the production of documents; the right to reconsideration

22 and court review of an adverse decision; and all other rights accorded by the California

23 Administrative Procedure Act and other applicable laws.

24 8. Respondent voluntarily, knowingly, and intelligently waives and gives up each and

25 every right set forth above.

26 Ill

27 Ill

28 Ill

2

STIPULATED SETTLEMENT ( 12-20 12-225170)

CULPABILITY

2 9. Respondent understands and agrees that the charges and allegations in Accusation

3 No. 12-2012-225170, if proven at a hearing, constitute cause for imposing discipline upon her

4 Physician's and Surgeon's Certificate.

5 I 0. For the purpose of resolving the Accusation without the expense and uncertainty of

6 further proceedings, Respondent agrees that, at a hearing, Complainant could establish a factual

7 basis for the charges in the Accusation, and that Respondent hereby gives up her right to contest

8 those charges.

9 II. Respondent agrees that her Physician's and Surgeon's Certificate is subject to

10 discipline and she agrees to be bound by the Board's probationary terms as set forth in the

11 Disciplinary Order below.

12 CONTINGENCY

13 12. This stipulation shall be subject to approval by the Medical Board of California.

14 Respondent understands and agrees that counsel for Complainant and the staff of the Medical

15 Board of California may communicate directly with the Board regarding this stipulation and

16 settlement, without notice to or participation by Respondent or her counsel. By signing the

17 stipulation, Respondent understands and agrees that she may not withdraw her agreement or seek

18 to rescind the stipulation prior to the time the Board considers and acts upon it. If the Board fails

19 to adopt this stipulation as its Decision and Order, the Stipulated Settlement and Disciplinary

20 Order shall be of no force or effect, except for this paragraph, it shall be inadmissible in any legal

21 action between the parties, and the Board shall not be disqualified from further action by having

22 considered this matter.

23 13. The parties understand and agree that Portable Document Format (PDF) and facsimile

24 copies of this Stipulated Settlement and Disciplinary Order, including PDF and facsimile

25 signatures thereto, shall have the same force and effect as the originals.

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

27 the Board may, without further notice or formal proceeding, issue and enter the following

28 Disciplinary Order:

3

STIPULATED SETTLEMENT (12-2012-225170)

DISCIPLINARY ORDER

2 IT IS HEREBY ORDERED that Physician's and Surgeon's Certificate No. G78053 issued

3 to Respondent Charlotte Bobo Standefer, M.D. is revoked. However, the revocation is stayed and

4 Respondent is placed on probation for three (3) years on the following terms and conditions.

5 I. ALCOHOL - ABSTAIN FROM USE. Respondent shall abstain completely from the

6 use of products or beverages containing alcohol.

7 If Respondent has a confirmed positive biological fluid test for alcohol, Respondent shall

8 receive a notification from the Board or its designee to immediately cease the practice of

9 medicine. The Respondent shall not resume the practice of medicine until final decision on an

10 accusation and/or a petition to revoke probation. An accusation and/or petition to revoke

11 probation shall be filed by the Board within 15 days ofthe notification to cease practice. Ifthe

12 Respondent requests a hearing on the accusation and/or petition to revoke probation, the Board

13 shall provide the Respondent with a hearing within 30 days of the request, unless the Respondent

14 stipulates to a later hearing. A decision shall be received from the Administrative Law Judge or

15 the Board within 15 days unless good cause can be shown for the delay. The cessation of practice

16 shall not apply to the reduction of the probationary time period.

17 If the Board does not file an accusation or petition to revoke probation within 15 days of the

18 issuance of the notification to cease practice or does not provide Respondent with a hearing

19 within 30 days of such a request, the notification of cease practice shall be dissolved.

20 2. PROFESSIONALISM PROGRAM (ETHICS COURSE). Within 60 calendar days of

21 the effective date ofthis Decision, Respondent shall enroll in a professionalism program, that

22 meets the requirements of Title 16, California Code of Regulations (CCR) section 1358.

23 Respondent shall participate in and successfully complete that program. Respondent shall

24 provide any information and documents that the program may deem pertinent. Respondent shall

25 successfully complete the classroom component of the program not later than six ( 6) months after

26 Respondent's initial enrollment, and the longitudinal component of the program not later than the

27 time specified by the program, but no later than one (1) year after attending the classroom

28 component. The professionalism program shall be at Respondent's expense and shall be in

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addition to the Continuing Medical Education (CME) requirements for renewal of licensure.

2 A professionalism program taken after the acts that gave rise to the charges in the

3 Accusation, but prior to the effective date of the Decision may, in the sole discretion of the Board

4 or its designee, be accepted towards the fulfillment ofthis condition ifthe program would have

5 been approved by the Board or its designee had the program been taken after the effective date of

6 this Decision.

7 Respondent shall submit a certification of successful completion to the Board or its

8 designee not later than 15 calendar days after successfully completing the program or not later

9 than 15 calendar days after the effective date of the Decision, whichever is later.

10 3. BIOLOGICAL FLUID TESTING. Respondent shall immediately submit to

11 biological fluid testing, at Respondent's expense, upon request of the Board or its designee.

12 "Biological fluid testing" may include, but is not limited to, urine, blood, breathalyzer, hair

13 follicle testing, or similar drug screening approved by the Board or its designee. Respondent shall

14 make daily contact with the Board or its designee to determine whether biological fluid testing is

15 required. Respondent shall be tested on the date ofthe notification as directed by the Board or its

16 designee. The Board may order a Respondent to undergo a biological fluid test on any day, at

17 any time, including weekends and holidays. Except when testing on a specific date as ordered by

18 the Board or its designee, the scheduling of biological fluid testing shall be done on a random

19 basis. The cost of biological fluid testing shall be borne by the Respondent.

20 During the first year of probation, Respondent shall be subject to 52 to I 04 random tests.

21 During the second year of probation and for the duration of the probationary term, up to five (5)

22 years, Respondent shall be subject to 36 to 104 random tests per year. Only if there has been no

23 positive biological fluid tests in the previous five (5) consecutive years of probation, may testing

24 be reduced to one (I) time per month. Nothing precludes the Board from increasing the number

25 of random tests to the first-year level of frequency for any reason.

26 Prior to practicing medicine, Respondent shall contract with a laboratory or service,

27 approved in advance by the Board or its designee, that will conduct random, unannounced,

28 observed, biological fluid testing and meets all the following standards:

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(a) Its specimen collectors are either certified by the Drug and Alcohol Testing Industry

2 Association or have completed the training required to serve as a collector for the United States

3 Department of Transportation.

4 (b) Its specimen collectors conform to the current United States Department of

5 Transportation Specimen Collection Guidelines.

6 (c) Its testing locations comply with the Urine Specimen Collection Guidelines published

7 by the United States Department of Transportation without regard to the type of test administered.

8 (d) Its specimen collectors observe the collection of testing specimens.

9 (e) Its laboratories are certified and accredited by the United States Department of Health

10 and Human Services.

II (f) Its testing locations shall submit a specimen to a laboratory within one (I) business day

12 of receipt and all specimens collected shall be handled pursuant to chain of custody procedures.

13 The laboratory shall process and analyze the specimens and provide legally defensible test results

14 to the Board within seven (7) business days of receipt of the specimen. The Board will be

15 notified of non-negative results within one (I) business day and will be notified of negative test

16 results within seven (7) business days.

17 (g) Its testing locations possess all the materials, equipment, and technical expertise

18 necessary in order to test Respondent on any day of the week.

19 (h) Its testing locations are able to scientifically test for urine, blood, and hair specimens

20 for the detection of alcohol and illegal and controlled substances.

21 (i) It maintains testing sites located throughout California.

22 U) It maintains an automated 24-hour toll-free telephone system and/or a secure on-line

23 computer database that allows the Respondent to check in daily for testing.

24 (k) It maintains a secure, HIPAA-compliant website or computer system that allows staff

25 access to drug test results and compliance reporting information that is available 24 hours a day.

26 (I) It employs or contracts with toxicologists that are licensed physicians and have

27 knowledge of substance abuse disorders and the appropriate medical training to interpret and

28 evaluate laboratory biological fluid test results, medical histories, and any other information

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relevant to biomedical information.

2 (m) It will not consider a toxicology screen to be negative if a positive result is obtained

3 while practicing, even if the Respondent holds a valid prescription for the substance.

4 Prior to changing testing locations for any reason, including during vacation or other travel,

5 alternative testing locations must be approved by the Board and meet the requirements above.

6 The contract shall require that the laboratory directly notify the Board or its designee of

7 non-negative results within one ( 1) business day and negative test results within seven (7)

8 business days of the results becoming available. Respondent shall maintain this laboratory or

9 service contract during the period of probation.

10 A certified copy of any laboratory test result may be received in evidence in any

II proceedings between the Board and Respondent.

12 If a biological fluid test result indicates Respondent has used, consumed, ingested, or

13 administered to himself or herself a prohibited substance, the Board shall order Respondent to

14 cease practice and instruct Respondent to leave any place of work where Respondent is practicing

15 medicine or providing medical services. The Board shall immediately notify all of Respondent's

16 employers, supervisors and work monitors, if any, that Respondent may not practice medicine or

17 provide medical services while the cease-practice order is in effect.

18 A biological fluid test will not be considered negative if a positive result is obtained while

19 practicing, even if the practitioner holds a valid prescription for the substance. If no prohibited

20 substance use exists, the Board shall lift the cease-practice order within one (1) business day.

21 After the issuance of a cease-practice order, the Board shall determine whether the positive

22 biological fluid test is in fact evidence of prohibited substance use by consulting with the

23 specimen collector and the laboratory, communicating with the licensee, his or her treating

24 physician(s), other health care provider, or group facilitator, as applicable.

25 For purposes of this condition, the terms "biological fluid testing" and "testing" mean the

26 acquisition and chemical analysis of a Respondent's urine, blood, breath, or hair.

27 For purposes of this condition, the term "prohibited substance" means an illegal drug, a

28 lawful drug not prescribed or ordered by an appropriately licensed health care provider for use by

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Respondent and approved by the Board, alcohol, or any other substance the Respondent has been

2 instructed by the Board not to use, consume, ingest, or administer to himself or herself.

3 If the Board confirms that a positive biological fluid test is evidence of use of a prohibited

4 substance, Respondent has committed a major violation, as defined in section 1361.52(a), and the

5 Board shall impose any or all of the consequences set forth in section 1361.52(b ), in addition to

6 any other terms or conditions the Board determines are necessary for public protection or to

7 enhance Respondent's rehabilitation.

8 4. NOTICE OF EMPLOYER OR SUPERVISOR INFORMATION. Within seven (7)

9 days of the effective date of this Decision, Respondent shall provide to the Board the names,

10 physical addresses, mailing addresses, and telephone numbers of any and all employers and

II supervisors. Respondent shall also provide specific, written consent for the Board, Respondent's

12 worksite monitor, and Respondent's employers and supervisors to communicate regarding

13 Respondent's work status, performance, and monitoring.

14 For purposes of this section, ''supervisors" shall include the Chief of Staff and Health or

15 Well Being Committee Chair, or equivalent, if applicable, when the Respondent has medical staff

16 privileges.

17 5. WORKSITE MONITOR. Within thirty (30) calendar days of the effective date of

18 this Decision, Respondent shall submit to the Board or its designee for prior approval as a

19 worksite monitor, the name and qualifications of one or more licensed physician and surgeon,

20 other licensed health care professional if no physician and surgeon is available, or, as approved by

21 the Board or its designee, a person in a position of authority who is capable of monitoring the

22 Respondent at work.

23 The worksite monitor shall not have a current or former financial, personal, or familial

24 relationship with Respondent, or any other relationship that could reasonably be expected to

25 compromise the ability of the monitor to render impartial and unbiased reports to the Board or its

26 designee. If it is impractical for anyone but Respondent's employer to serve as the worksite

27 monitor, this requirement may be waived by the Board or its designee, however, under no

28 circumstances shall Respondent's worksite monitor be an employee or supervisee ofthe licensee.

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STJPULA TED SETTLEMENT ( 12-20 12-225170)

The worksite monitor shall have an active unrestricted license with no disciplinary action

2 within the last five (5) years, and shall sign an affirmation that he or she has reviewed the terms

3 and conditions of Respondent's disciplinary order and agrees to monitor Respondent as set forth

4 by the Board or its designee.

5 Respondent shall pay all worksite monitoring costs.

6 The worksite monitor shall have face-to-face contact with Respondent in the work

7 environment on as frequent a basis as determined by the Board or its designee, but not less than

8 once per week; interview other staff in the office regarding Respondent's behavior, if requested

9 by the Board or its designee; and review Respondent's work attendance.

10 The worksite monitor shall verbally report any suspected substance abuse to the Board and

11 Respondent's employer or supervisor within one (I) business day of occurrence. If the suspected

12 substance abuse does not occur during the Board's normal business hours, the verbal report shall

13 be made to the Board or its designee within one (I) hour of the next business day. A written

14 report that includes the date, time, and location ofthe suspected abuse; Respondent's actions; and

15 any other information deemed important by the worksite monitor shall be submitted to the Board

16 or its designee within 48 hours of the occurrence.

17 The worksite monitor shall complete and submit a written report monthly or as directed by

18 the Board or its designee which shall include the following: (1) Respondent's name and

19 Physician's and Surgeon's Certificate number; (2) the worksite monitor's name and signature; (3)

20 the worksite monitor's license number, if applicable; (4) the location or location(s) ofthe

21 worksite; (5) the dates Respondent had face-to-face contact with the worksite monitor; (6) the

22 names ofworksite staff interviewed, if applicable; (7) a report of Respondent's work attendance;

23 (8) any change in Respondent's behavior and/or personal habits; and (9) any indicators that can

24 lead to suspected substance abuse by Respondent. Respondent shall complete any required

25 consent forms and execute agreements with the approved worksite monitor and the Board, or its

26 designee, authorizing the Board, or its designee, and worksite monitor to exchange information.

27 If the worksite monitor resigns or is no longer available, Respondent shall, within five (5)

28 calendar days of such resignation or unavailability, submit to the Board or its designee, for prior

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approval, the name and qualifications of a replacement monitor who will be assuming that

2 responsibility within fifteen ( 15) calendar days. If Respondent fails to obtain approval of a

3 replacement monitor within sixty (60) calendar days of the resignation or unavailability ofthe

4 monitor, Respondent shall receive a notification from the Board or its designee to cease the

5 practice of medicine within three (3) calendar days after being so notified. Respondent shall

6 cease the practice of medicine until a replacement monitor is approved and assumes monitoring

7 responsibility.

8 6. NOT! FICA TION. Within seven (7) days of the effective date of this Decision, the

9 Respondent shall provide a true copy of this Decision and Accusation to the Chief of Staff or the

10 Chief Executive Officer at every hospital where privileges or membership are extended to

11 Respondent, at any other faci I ity where Respondent engages in the practice of medicine,

12 including all physician and locum tenens registries or other similar agencies, and to the Chief

13 Executive Officer at every insurance carrier which extends malpractice insurance coverage to

14 Respondent. Respondent shall submit proof of compliance to the Board or its designee within 15

15 calendar days.

16 This condition shall apply to any change(s) in hospitals, other facilities or insurance carrier.

17 7. SUPERVISION OF PHYSICIAN ASSISTANTS. During probation, Respondent is

18 prohibited from supervising physician assistants.

19 8. OBEY ALL LAWS. Respondent shall obey all federal, state and local laws, all rules

20 governing the practice of medicine in California and remain in full compliance with any court

21 ordered criminal probation, payments, and other orders.

22 9. QUARTERLY DECLARATIONS. Respondent shall submit quarterly declarations

23 under penalty of perjury on forms provided by the Board, stating whether there has been

24 compliance with all the conditions of probation.

25 Respondent shall submit quarterly declarations not later than I 0 calendar days after the end

26 of the preceding quarter.

27 I 0. GENERAL PROBATION REQUIREMENTS.

28 Compliance with Probation Unit

10

STJPULA TED SETTLEMENT ( 12-20 12-225170)

Respondent shall comply with the Board's probation unit and all terms and conditions of

2 this Decision.

3 Address Changes

4 Respondent shall, at all times, keep the Board informed of Respondent's business and

5 residence addresses, email address (if available), and telephone number. Changes of such

6 addresses shall be immediately communicated in writing to the Board or its designee. Under no

7 circumstances shall a post office box serve as an address of record, except as allowed by Business

8 and Professions Code section 2021 (b).

9 Place of Practice

10 Respondent shall not engage in the practice of medicine in Respondent's or patient's place

11 of residence, unless the patient resides in a skilled nursing facility or other similar licensed

12 facility.

13 License Renewal

14 Respondent shall maintain a current and renewed California physician's and surgeon's

15 license.

16 Travel or Residence Outside California

17 Respondent shall immediately inform the Board or its designee, in writing, oftravel to any

18 areas outside the jurisdiction of California which lasts, or is contemplated to last, more than thirty

19 (30) calendar days.

20 In the event Respondent should leave the State of California to reside or to practice

21 Respondent shall notify the Board or its designee in writing 30 calendar days prior to the dates of

22 departure and return.

23 11. INTERVIEW WITH THE BOARD OR ITS DESIGNEE. Respondent shall be

24 available in person upon request for interviews either at Respondent's place of business or at the

25 probation unit office, with or without prior notice throughout the term of probation.

26 12. NON-PRACTICE WHILE ON PROBATION. Respondent shall notify the Board or

27 its designee in writing within 15 calendar days of any periods of non-practice lasting more than

28 30 calendar days and within 15 calendar days of Respondent's return to practice. Non-practice is

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defined as any period of time Respondent is not practicing medicine in California as defined in

2 Business and Professions Code sections 2051 and 2052 for at least 40 hours in a calendar month

3 in direct patient care, clinical activity or teaching, or other activity as approved by the Board. All

4 time spent in an intensive training program which has been approved by the Board or its designee

5 shall not be considered non-practice. Practicing medicine in another state of the United States or

6 Federal jurisdiction while on probation with the medical licensing authority of that state or

7 jurisdiction shall not be considered non-practice. A Board-ordered suspension of practice shall

8 not be considered as a period of non-practice.

9 In the event Respondent's period of non-practice while on probation exceeds 18 calendar

10 months, Respondent shall successfully complete a clinical training program that meets the criteria

11 ofCondition 18 ofthe current version ofthe Board's ''Manual of Model Disciplinary Orders and

12 Disciplinary Guidelines'' prior to resuming the practice of medicine.

13 Respondent's period ofnon-practice while on probation shall not exceed two (2) years.

14 Periods of non-practice will not apply to the reduction of the probationary term.

15 Periods of non-practice will relieve Respondent of the responsibi I ity to comply with the

16 probationary terms and conditions with the exception of this condition and the following terms

17 and conditions of probation: Obey All Laws; and General Probation Requirements.

18 13. COMPLETION OF PROBATION. Respondent shall comply with all financial

19 obligations (e.g., restitution, probation costs) not later than 120 calendar days prior to the

20 completion of probation. Upon successful completion of probation, Respondent's certificate shall

21 be fully restored.

22 14. VIOLATION OF PROBATION CONDITION.

23 Failure to fully comply with any term or condition of probation is a violation of probation.

24 A. If Respondent commits a major violation of probation as defined by section 1361.52,

25 subdivision (a), ofTitle 16 ofthe California Code of Regulations, the Board shall take one or

26 more ofthe following actions:

27 ( 1) Issue an immediate cease-practice order and order Respondent to undergo a clinical

28 diagnostic evaluation to be conducted in accordance with section 1361.5, subdivision (c)( 1 ),

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ofTitle 16 ofthe California Code of Regulations, at Respondent's expense. The cease-

2 practice order issued by the Board or its designee shall state that Respondent must test

3 negative for at least a month of continuous biological fluid testing before being allowed to

4 resume practice. For purposes of the determining the length of time a Respondent must test

5 negative while undergoing continuous biological fluid testing following issuance of a

6 cease-practice order, a month is defined as thirty calendar (30) days. Respondent may not

7 resume the practice of medicine until notified in writing by the Board or its designee that he

8 or she may do so.

9 (2) Increase the frequency of biological fluid testing.

10 (3) Refer Respondent for further disciplinary action, such as suspension, revocation, or

11 other action as determined by the Board or its designee. (Cal. Code Regs., tit. 16, §

12 1361.52, subd. (b).)

13 B. If Respondent commits a minor violation ofprobation as defined by section 1361.52,

14 subdivision (c), of Title 16 of the California Code of Regulations, the Board shall take one or

15 more of the following actions:

16 ( 1) Issue a cease-practice order;

17 (2) Order practice limitations;

18 (3) Order or increase supervision of Respondent;

19 ( 4) Order increased documentation;

20 (5) Issue a citation and fine, or a warning letter;

21 (6) Order Respondent to undergo a clinical diagnostic evaluation to be conducted in

22 accordance with section 1361.5, subdivision (c)(l ), of Title 16 of the California Code of

23 Regulations, at Respondent's expense;

24 (7) Take any other action as determined by the Board or its designee. (Cal. Code Regs., tit.

25 16, § 1361.52, subd. (d).)

26 C. Nothing in this Decision shall be considered a limitation on the Board's authority to

27 revoke Respondent's probation if he or she has violated any term or condition of probation. (See

28 Cal. Code Regs., tit. 16, § 1361.52, subd. (e).) If Respondent violates probation in any respect,

13

STIPULATED SETTLEMENT ( 12-20 I 2-225170)

the Board, after giving Respondent notice and the opportunity to be heard, may revoke probation

2 and carry out the disciplinary order that was stayed. If an Accusation, or Petition to Revoke

3 Probation, or an Interim Suspension Order is filed against Respondent during probation, the

4 Board shall have continuing jurisdiction until the matter is final, and the period of probation shall

5 be extended until the matter is final.

6 15. LICENSE SURRENDER. Following the effective date of this Decision, if

7 Respondent ceases practicing due to retirement or health reasons or is otherwise unable to satisfy

8 the terms and conditions of probation, Respondent may request to surrender his or her license.

9 The Board reserves the right to evaluate Respondent's request and to exercise its discretion in

1 0 determining whether or not to grant the request, or to take any other action deemed appropriate

II and reasonable under the circumstances. Upon formal acceptance of the surrender, Respondent

12 shall within 15 calendar days deliver Respondent's wallet and wall certificate to the Board or its

13 designee and Respondent shall no longer practice medicine. Respondent will no longer be subject

14 to the terms and conditions of probation. If Respondent re-applies for a medical license, the

15 application shall be treated as a petition for reinstatement of a revoked certificate.

16 16. PROBATION MONITORING COSTS. Respondent shall pay the costs associated

17 with probation monitoring each and every year of probation, as designated by the Board, which

18 may be adjusted on an annual basis. Such costs shall be payable to the Medical Board of

19 California and delivered to the Board or its designee no later than January 31 of each calendar

20 year.

21 Ill

22 Ill

23 Ill

24 Ill

25 Ill

26 Ill

27 Ill

28 Ill

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ACCEPTANCE

2 I have carefully read the ahovc Stipulated Settlement and Disciplinary Order and have fully

3 discussed it with my attorney, Stephen M. Boreman. I understand the stipulation and the effect it

4 will have on rny Physician's and Surgeon's Certificate. I enter into this Stipulated Settlement and

5 Disciplinary Order voluntarily. knowingly. and intelligently, and agree to be bound by the

6 Decision and Order ofthe Medical Board of California.

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8

9

DATED:d~ .f'; ,j.o/~-

I 0 I have read and fully discussed with Respondent Charlotte Bobo Standefer, M.D. the terms

II and conditions and other matters contained in the above Stipulated Settlement and Disciplinary

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Order. I approve its torrn and content.

DATED: (),A . ~, J o/?? v I Steph~' Attorney for Respondent

16 ENDORSEMENT

17 The foregoing Stipulated Settlement and Disciplinary Order is hereby respectfully

18 submitted tor consideration by the Medical Board of California.

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Dated:

SF20154019!9 2 8 12074218.doc

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Respectfully submitted,

KAMALA D. HARRIS Attorney General ofCalif(Jmia JAN I: ZACK SIMON

Sup~p~ttomey Geneml .

JOSII!IA M. TEMI'I.EI Deputy Attorney General A!lorneysj(Jr ( 'omplainant

STIPULATED SETTLEMENT ( 12-2012·225170)

Exhibit A

Accusation No. 12-2012-225170

KAMALA D. HARRIS Attorney General of California

2 JANE ZACK SIMON Supervising Deputy Attorney General

3 JOSHUA M. TEMPLET Deputy Attorney General

4 State Bar No. 267098 455 Golden Gate Avenue, Suite 11000

5 San Francisco, CA 941 02-7004 Telephone: (415) 703-5529

6 Facsimile: (415) 703-5480 E-mail: [email protected]

7 Attorneys for Complainant

8

FILED STATE OF CAUFORNIA

MEDICAL BOAap OF CALIFORNIA SACRAMENIO Jv. \~ \ § 20 , s BY ~- \-\Q.\)~;.s. ANALYST

BEFORE THE

9 MEDICAL BOARD OF CALIFORNIA

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

10

I I In the Matter of the Accusation Against:

12 Charlotte Bobo Standefer, M.D. 2500 Alhambra Avenue

13 Martinez, CA 94553

14 Physician's and Surgeon's Certificate No. G78053,

15

16

17

18 Complainant alleges:

Respondent.

Case No. 12-2012-225170

ACCUSATION

19 PARTIES

20 I. Kimberly Kirchmcycr (Complainant) brings this Accusation solely in her official

21 capacity as the Executive Director of the Medical Board of Cali fomia, Department of Consumer

22 Affairs (Board).

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2. On or about December I, 1993, the Medical Board issued Physician's and Surgeon's

Ce1iificatc Number G7R053 to Charlotte Bobo Standefer, M.D. (Respondent). The Physician's

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

herein and will expire on November 30, 2015, unless renewed.

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(CHARLOTTE 80130 STANDl:FFR, M.D.) ACCUS/\ TTON NO. 12-2012-225170

.Jl!RISDICTIOI\

2 3. ·rhis Accusation is brought before the Board, under the authority ofthc following

3 laws. All section references arc to the Rusincss and Professions Code unless otherwise indicated.

4 4. Section 2004 of the Code provides that the Board shall have the responsibility for the

5 enforcement of the disciplinary and criminal provisions of the Medical Practice /\ct.

5. Section 2227 of the Code rrovides that a licensee who is found guilty under the

7 Medicnl Practice Act may have his or her license revoked. suspended for a penod not to exceed

H one ye~u·, placed nn probation and required to pay the costs or probation monitoring, or such other

l) action takcn in rclation to disc1pline as the Board deems proper.

10 6. Section 2234 of the Code requircs the Roard to take action against any licensee who

11 is charged with unprofessional conduct, defln\:d to in\:lude "[vjiolating or attempting to violate,

12 directly or indirectly. assisting in or abetting the violation of, or conspiring to v10latc any

13 provision of [the Medical Practice Act]."

14 7. Section 223(J of the Code states:

!5 (a) The conviction of any offense substantially related to the qualifications, functions, m duties or a physician and surgeon constituks unprofessional conduct

16 WJ\hm the meaning of this chapter [Chapter 5, the Medical Practice i\ct]. The record of conviction shall be conclusive cvidence onlv of thc fact that the conviction

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19 (d) A pka or verdict of guilty or a conviction after a plea of nolo contendere is deemed to be a conviction within the mcaning or this section and Section 2.236. l.

20 The record of conviction shall be conclusive evidence of the L1ct that the conviction occurred.

21 1\. Section 2239 of the Code states:

22 (a) ... the use o !'alcoholic beverages, to the cx tent, or in such a manner as to be

23 dangerous or injurious to the licensee, or to any other person or to the public, or to the C"\tent that such use impairs the ability of the licensee to practice medicine safely or

2~+ more than one tmsdemeanor or any telony involving the use. consumption, or selfadministration of any of the substances rcf~rred to in this section. or any combination

25 thereof, constitutes unprofessional conduct. The record of the con,iction is conclusive C.:\'tcicncc of such unprofcssJoJwl conduct.

26 (b):\ plea or \'Cniict or guilty or a convictiOn following a plcil or nolo contendere is

27 deemed tube a cOiwiction within the meaning of this section. The [Board] may order discipline o!'thL·licensee in accordance with Section 2227 or the [Ronrdj may order

2~ the denial of the liccns~ when the time for appeal has ~lap:;~d or th~ judgment of

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conviction has been affirmed on appeal or when an order granting prob<ltion is made suspending imposition oC sentence, irrespective or \1 subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw his

2 or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict or guilty, or dismissing the accusation, complaint, information, or indictment.

4 CAUSE FOR DISCIPLINE

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5 (Unprofessional Conduct: Dangerous lJse of Alcohol and DUI Conviction)

6 9. Respondent Charlotte Bobo Standefer, M.D. is subject to disciplinary action under

7 section 22J4 (unprokssion\d conduct), section 2236 (criminal conviction), and section 2239

(dangerous use or alcohol) based on the following circumstances. 9

I 0. On th..:: cnrly evening of Jliiy 5, 2012, Martinez Police Department police oflicers ]()

responded to a report of u car collision. There, the officers learned that Respondent had driven her 11

car mto the back of a pickup truck parked along a roadside curb. The collision occurred during \2

daylight hours and resulted in major damage to the front and passenger side of Respondent's car. 13

11. The officers investigated Respomknt for driving under the influence or alcohol or 1-t

drugs. Respondent displayed objective signs of intoxication: her gait was very unsteady, her 15

speech \vas slurred, her ey..::s were red and watery, and she had a strong odor of an alcoholic 16

beverage. In addition, her performance of sevend field sobriety tests indicated that she was under 17

the intlucnce uf alcohoL IS

12. Respondent was arrested for driving under the influence of alcohol. Once Respondent 19

was handcuffed, ~he argued with the arresting orticer and ~1ttcmpted tu overpower him. 20

Respondent cuntmued to be uncooperative at the police station. For example, despite being asked 21

multiple times to remain seated, Respondent repeatedly :-.tood <md then slid to the floor and vvhere /'1

she by in a fetal position. 23

13. Respondent refused to take il breath or blnod test tu determine her blood alcohol 24

colllcnL and oflicers wer.: forced to take an involuntary blood draw. Several of!iccrs had to hold

R.:spondcnt down. who was combative in resisting their effort. Respondent's blood sample 26

showed her blood alCl)hol content to have been 0.20",tl at ~:40 p m. on the night of her arrest. 27

l Cl!i\ R !.OTT!· HUHO ST.,\ :\DI~FLR, \1D.) 1\CC\iSo\ TIO\' \'0. 1.::-2012-225 I 70

14. On !vlay 2X. 2012 the Contra Costa District Attorney's O!'ficc charged Respondent

-, with driving under the in!luence or alcohol in violation of Vehicle Code section 23152.

3 subdivisions (:1) and (b), with special allegations that her blood alcohol content was over 0.15 1/;)

-\ and that it\\ as at least 0.20'Y.J.

5 15. On June 2, 2015, RL~spondent was convicted of violating Vehicle Code section

(J 23152(b) when she entered a plea of no contest to this charge. In addition, Respondent admitted

7 the special allegations that her blood alcohol content had been over 0.15% and at least 0.201%. She

8 was ordered to serve a three-year term of court probation. spend ten days in jail, pay various

9 tines. and attend a nine-month alcohol treatment program.

10 16. Respondent drove her car while under the influence of an excessive amount of

II alcohol in a manner dangerous to herself and others, in Yiolation of Code ~ection 2239 ldangerous

12 use o!' alcohol) and seetion 2234 ( unprof'cs~ional conduct 1

13 17. Respondent's June 2. 2015 criminal conviction for clri\ ing with a blood alcohol

14 content greater than O.OS'Yo, including her admissions to special allegations confirming her blood

15 alcohol content to have been at least 0.20'~;,), is substantially related to the qualifications. functions

16 and duties of a physician and ~urgcon. As such, her conviction constitutes a violation or Code

17 section 233(1 (criminal conviction) and section 2234 (unprofessional conduct).

18 PRAYER

19 WIIEREFORE, Complainant requests that a hearing be held on the matters herein alleged.

20 and that Collo\ving the he~1ring. the l'v1edical Board of'C':llifornw issue a decision:

:21 l. Revoking or :-.uspcnding Physician's and Surgeon's Certificate Number G78053.

22 issued to Charlotte Bobo Standefer, M.D;

Rc\'oking, suspending or denying approval of Charlotte Bobo Standefer. M.D.'s

24 authority to super\'ise physician assistants. pursuant to section 3527 of the Code:

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1----·------------------ ---- ------------ _ ................... . -----------·-------(C'li:\IU OTTE BOBO STi\\:DI'FI:R. rvl.D) .\l'CUSAT'IO'..: ~0. 12-201::-225170

3. Ordering Charlotte Bobo Standefer, M.D., if placed on probation, to pay the Board

2 the costs ofprobation monitoring; and

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5 DATED

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

July_ I 5, 2015

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

SF2015401919 10 41321165

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(CHARLOTTE BOBO STANDEFER. M.D.) ACCUSATION NO. 12-2012-225170

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