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BEFORE THE MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF ... Anil Krishnakumar 201 · PDF file Anil Krishnakumar Gandhi, M.D. Physician's and Surgeon's Certificate No. A 30411 Respondent

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  • BEFORE THE MEDICAL BOARD OF CALIFORNIA

    DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

    In the Matter of the Accusation Against: )

    Anil Krishnakumar Gandhi, M.D.

    Physician's and Surgeon's Certificate No. A 30411

    Respondent

    ) ) ) ) ) ) ) )

    Case No. 06-2011-217567

    DECISION AND ORDER

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

    This Decision shall become effective at 5:00p.m. on March 11, 2016.

    IT IS SO ORDERED: February 12, 2016.

    MEDICAL BOARD OF CALIFORNIA

    Panel A

  • KAMALA D. HARRIS Attorney General of California

    2 ROBERT MCKIM BELL Supervising Deputy Attorney General

    3 COLLEEN M. McGURRIN Deputy Attorney General

    4 State Bar Number 147250 300 South Spring Street, Suite 1702

    5 Los Angeles, California 90013 Telephone: (213) 620-2511

    6 Facsimile: (213) 897-93 95 Attorneys for Complainant

    7 BEFORE THE

    8 MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS

    9 STATE OF CALIFORNIA

    10 In the Matter of the Accusation Against:

    ANIL KRISHNAKUMAR GANDHI, M.D. 17100 Norwalk Blvd, Ste. 111 Cerritos, California 90703

    Physician's and Surgeon's Certificate Number A 30411

    Respondent.

    Case No. 06-2011-217567

    OAH No. 2014090549

    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

    11

    12

    13

    14

    15

    16

    17

    18

    19 1. Kimberly Kirchmeyer ("Complainant") is the Executive Director of the Medical

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

    21 this matter by Kamala D. Harris, Attorney General ofthe State of California, by Colleen M.

    22 McGurrin, Deputy Attorney General.

    23 2. ANIL KRISHNAKUMAR GANDHI, M.D. ("Respondent") is represented in this

    24 proceeding by attorney Fredric J. Greenblatt, whose address is 22151 Ventura Blvd., Suite 200,

    25 Woodland Hills, California 91364-1600.

    26 3. On or about August 30, 1976, the Medical Board of California issued Physician's and

    27 Surgeon's Certificate Number A30411 to Respondent. Said Certificate was in full force and

    28 effect at all times relevant to the charges brought in Accusation No. 06-2011-217567 and will

    STIPULATED SETTLEMENT (06-2011-217567)

  • 1 expire on July 31, 2016, unless renewed.

    2 JURISDICTION

    3 4. Accusation No. 06-2011-217567 was filed before the Medical Board of California

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

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

    6 June 24, 2014. Respondent timely filed his Notice of Defense contesting the Accusation.

    7 5. A copy of Accusation No. 06-2011-217567 is attached as exhibit A and incorporated

    8 herein by reference.

    9 ADVISEMENT AND WAIVERS

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

    11 charges and allegations in Accusation No. 06-2011-217567. Respondent has also carefully read,

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

    13 Disciplinary Order.

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

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

    16 his own expense; the right to confront and cross-examine the witnesses against him; the right to

    17 present evidence and to testify on his own behalf; the right to the issuance of subpoenas to compel

    18 the attendance of witnesses and the production of documents; the right to reconsideration and

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

    20 Administrative Procedure Act and other applicable laws.

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

    22 and every right set forth above.

    23 CULPABILITY

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

    25 No. 06-2011-217567, if proven at a hearing, constitute cause for imposing discipline upon his

    26 Physician's and Surgeon's Certificate.

    27 10. For the purpose of resolving the Accusation without the expense and uncertainty of

    28 further proceedings, Respondent agrees that, at a hearing, Complainant could establish a prima

    2

    STIPULATED SETTLEMENT (06-20 11-217567)

  • facie factual basis for the charges alleged in paragraph 35 B through J in the First Cause for

    2 Discipline, the Third Cause for Discipline and the Fourth Cause for Discipline as alleged in the

    3 Accusation, and that Respondent hereby gives up his right to contest those charges.

    4 11. Respondent agrees that if he ever petitions for early termination or modification of

    5 probation, or if the Board ever petitions for revocation of probation, all of the charges and

    6 allegations contained in Accusation No. 06-2011-217567, as specified in paragraph 10 above,

    7 shall be deemed true, correct and fully admitted by respondent for purposes of that proceeding or

    8 any other licensing proceeding involving respondent in the State of California."

    9 12. Respondent agrees that his Physician's and Surgeon's Certificate is subject to

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

    11 Disciplinary Order below.

    12 CONTINGENCY

    13 13. 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 his counsel. By signing the

    17 stipulation, Respondent understands and agrees that he may not withdraw his 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 14. The parties understand and agree that Portable Document Format (PDF) and facsimile

    24 copies ofthis Stipulated Settlement and Disciplinary Order, including Portable Document Format

    25 (PDF) and facsimile signatures thereto, shall have the same force and effect as the originals.

    26 15. 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 (06-2011-217567)

  • DISCIPLINARY ORDER

    2 IT IS HEREBY ORDERED that Respondent ANIL KRISHNAKUMAR GANDHI, M.D.

    3 shall provide appropriate referrals of HIV and/or AIDS patients to other physicians or facilities.

    4 IT IS HEREBY FURTHER ORDERED that Physician's and Surgeon's Certificate Number

    5 A 30411 issued to Respondent ANIL KRISHNAKUMAR GANDHI, M.D. is revoked. However,

    6 the revocation is stayed and Respondent is placed on probation for three (3) years on the

    7 following terms and conditions.

    8 1. MEDICAL RECORD KEEPING COURSE. Within 60 calendar days ofthe effective

    9 date of this Decision, Respondent shall enroll in a course in medical record keeping equivalent to

    1 0 the Medical Record Keeping Course offered by the Physician Assessment and Clinical Education

    11 Program, University of California, San Diego School of Medicine (Program), approved in

    12 advance by the Board or its designee. Respondent shall provide the program with any information

    13 and documents that the Program may deem pertinent. Respondent shall participate in and

    14 successfully complete the classroom component of the course not later than six (6) months after

    15 Respondent's initial enrollment. Respondent shall successfully complete any other component of

    16 the course within one ( 1) year of enrollment. The medical record keeping course shall be at

    17 Respondent's expense and shall be in addition to the Continuing Medical Education (CME)

    18 requirements for renewal of licensure.

    19 A medical record keeping course taken after the acts that gave rise to the charges in the

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

    21 or its designee, be accepted towards the fulfillment of this condition if the course would have

    22 been approved by the Board or its designee had the course been taken after the effective d