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BEFORE THE MEDICAL BOARD OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA
In the Matter of the Accusation Against: ) ) )
DAVID ELLIOT ALTMAN, M.D. ) )
Physician's and Surgeon's ) Certificate No. G 34377 )
) Respondent. )
)
Case No. 02-2008-194793
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 Mav
18,2012.
IT IS SO ORDERF_:il Aprill8, 2012.
MEDICAL BOARD OF CALIFORNIA
By: Me~ ~"_..._.,... Shelton Duruisseau, Ph.D., Chair Panel
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1 KAMALA D. HARRIS Attorney General of California
2 GAIL M. HEPPELL Supervising Deputy Attorney General
3 MARAFAUST Deputy Attorney General
4 State Bar No. 111729 1300 I Street, Suite 125
5 P.O. Box 944255 Sacramento, CA 94244-2550
6 Telephone: (916) 324-5358 Facsimile: (916) 327-2247
7 Attorneys for Complainant
8 BEFORETHE MEDICAL BOARD OF CALIFORNIA
9 DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA
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In the Matter of the Accusation Against:
DAVID ELLIOT ALTMAN, M.D. 20 Constitution Drive Chico, CA
95973-4906 Physician and Surgeon's No. G34377
Respondent.
Case No. 02-2008-194793
STIPULATED SETTLEMENT AND DISCIPLINARY ORDER
17 In the interest of a prompt and speedy settlement of this
matter, consistent with the public
18 interest and the responsibility of the Medical Board of
California ohhe Department of Consumer
19 Affairs, the parties hereby agree to the following Stipulated
Settlement and Disciplinary Order
20 which will be submitted to the Board for approval and
adoption as the final disposition of the
21 Amended Accusation.
22 PARTIES
23 1. Linda K. Whitney (Complainant) is the Executive Director
of the Medical Board of
24 California. She brought this action solely in her official
capacity and is represented in this matter
25 by Kamala D. Harris, Attorney General of the State of
California, by Mara Faust, Deputy
26 Attorney General
27 Ill
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ST1Pl JJ ,A TED SETTLEMENT (02-2008-194 793)
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2. Respondent David Elliot Altman, M.D. is represented in this
proceeding by attorney
2 Lynn Hubbard III, whose address is: Law Offices of Lynn
Hubbard
3 12 Williamsburg Lane, Chico, CA 95926
4 3. On or about June 25, 1977, the Medical Board of California
issued Physician and
5 Surgeon's No. G343 77 to David Elliot Altman, M.D.
(hereinafter "Respondent").
6 JURISDICTION
7 4. Accusation No. 02-2008-194793 was filed before the Medical
Board of California
8 (Board), Department of Consumer Affairs, and is currently
pending against Respondent. The
9 Accusation and all other statutorily required documents were
properly served on Respondent on
10 March 11, 2011. Respondent timely filed his Notice of Defense
contesting the Accusation. An
11 Amended Accusation was filed on March 13, 2012
12 A copy of Amended Accusation No. 02-2008-194793 is attached
as exhibit A and
13 incorporated herein by reference.
14 ADVISEMENT AND WAIVERS
15 5. Respondent has carefully read, fully discussed with
counsel, and understands the
16 charges and allegations in Amended Accusation No.
02-2008-194793. Respondent has also
17 carefully read, fully discussed with _counsel, and
understands the effects of this Stipulated
18 ~.:ttlement and Disciplinary Order.
19 6. Respondent is fully aware ofhis legal rights in this
matter, including the right to a
20 hearing on the charges and allegations in the Amended
Accusation; the right to be represented by
21 counsel at his own expense; the right to confront and
cross-examine the witnesses against him;
22 the right to present evidence and to testify on his own
behalf; the right to the issuance of
23 subpoenas to compel the attendance of witnesses and the
production of documents; the right to
24 reconsideration and court review of an advers;e decision; and
all other rights accorded by the
"' 25 California Administrative Procedure Act and other
applicable laws.
26 7. Respondent voluntarily, knowingly, and intelligently
waives and gives up each and
27 every right set forth above.
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STIPULATED SETTLEMENT (02-2008-194793)
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CULPABILITY
8. Respondent admits the truth of the first and fourth causes
for discipline in the
Amended Accusation No. 02-2008-194 793.
9. Respondent agrees that his Physician and Surgeon's is subject
to discipline and he
agrees to be bound by the Board's probationary terms as set
forth in the Disciplinary Order below.
CIRCUMSTANCES IN MITIGATION
10. Respondent David Elliot Altman, M.D. has never been the
subject of any disciplinary
action. He is admitting responsibility at an early stage in the
proceedings.
RESERVATION
11. The admissions made by Respondent herein are only for the
purposes of this
proceeding, or any other proceedings in which the Medical Board
of California or other
professional licensing agency is involved, and shall not be
admissible in any other criminal or
civil proceeding.
CONTINGENCY
12. This stipulation shall be subject to approval by the Medical
Board of California.
Respondent understands and agrees that counsel for Complainant
and the staff of the Medical
Board of California may communicate directly with the Board
regarding this stipulation and
settlement, without notice to or participation by Respondent or
his counsel. By sig~mg the
stipulation, Respondent understands and agrees that he may not
withdraw his agreement or seek
to rescind the stipulation prior to the time the Board considers
and acts upon it. If the Board fails
to adopt this stipulation as its Decision and Order, the
Stipulated Settlement and Disciplinary
Order shall be of no force or effect, except for this paragraph,
it shall be inadmissible in any legal
action between the parties, and the Board shall not be
disqualified from further action by having
considered this matter.
13. The parties understand and agree that facsimile copies of
this Stipulated Settlement
and Disciplinary Order, including facsimile signatures thereto,
shall have the same force and
effect as the originals.
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14. In consideration of the foregoing admissions and
stipulations, the parties agree that
2 the Board may, without further notice or formal proceeding,
issue and enter the following
3 Disciplinary Order:
4 DISCIPLINARY ORDER
5 IT IS HEREBY ORDERED that Physician and Surgeon's No. 034377
issued to
6 Respondent David Elliot Altman, M.D. (Respondent) is revoked.
However, the revocation is
7 stayed and Respondent is placed on probation for three (3)
years on the following terms and
8 conditions.
9 1. EDUCATION COURSE Within 60 calendar days of the effective
date ofthis
10 Decision, and on an annual basis thereafter, respondent shall
submit to the Division or its
11 designee for its prior approval educational program(s) or
course(s) which shall not be less than 40
12 hours per year, for each year of probation. The educational
program(s) or course(s) shall be
13 aimed at correcting any areas of deficient practice or
knowledge and shall be Category I certified.
14 The educational program(s) or course(s) shall be at
respondent's expense and shall be in addition
15 to the Continuing Medical Education (CME) requirements for
renewal of licensure. Following
16 the completion of each course, the Division or its designee
may administer an examination to test
17 respondent's knowledge of the course. Respondent shall
provide proof of attendance for 65 hours ~ , ..
18 of continuing medical education of which 40 hours were in
satisfaction of this condition.
19 2. MEDICAL RECORD KEEPING COURSE Within 60 calendar days of
the effective
20 date of this decision, respondent shall emoll in a course in
medical record keeping equivalent to
21 the Medical Record Keeping Course offered by the Physician
Assessment and Clinical Education
22 Program, University of California, San Diego School of
Medicine (Program), approved in
23 advance by the Division or its designee. Respondent shall
provide the program with any
24 information and documents that the program may deem
pertineint. Respondent shall participate in •
25 and successfully complete the classroom component of the
course not later than six (6) months
26 after respondent's initial enrollment. Respondent shall
successfully complete any other
27 component of the course within one (1) year of enrollment.
The medical record keeping course
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1 shall be at respondent's expense and shall be in addition to
the Continuing Medical Education
2 ( CME) requirements for renewal of licensure.
3 A medical record keeping course taken after the acts that gave
rise to the charges in the
4 Accusation, but prior to the effective date of the Decision
may, in the sole discretion of the
5 Division or its designee, be accepted towards the fulfillment
of this condition if the course would
6 have been approved by the Division or its designee had the
course been taken after the effective
7 date of this Decision.
8 Respondent shall submit a certification of successful
completion to the Division or its
9 designee not later than 15 calendar days after successfully
completing the course, or not later than
10 15 calendar days after the effective date of the Decision,
whichever is later.
11 3. PROFESSIONAL BOUNDARIES PROGRAM Within 60 calendar days
from
12 the effective date of this Decision, respondent shall enroll
in a professional boundaries program
13 equivalent to the Professional Boundaries Program, offered by
the Physician Assessment and
14 Clinical Education Program at the University of California,
San Diego School of Medicine
15 ("Program"). Respondent, at the Program's discretion, shall
undergo and complete the Program's
16 assessment ofrespondent' s competency, mental health and/or
neuropsychological performance,
17 and at minimum, a 24 hour program of interactive education
and training in the area of
" 18 ' boundaries, which takes into account data obtained from
the assessment and from the Decision(s), 19 Accusation(s) and any
other information that the Division or its designee deems relevant.
The
20 Program shall evaluate respondent at the end of the training,
and the Program shall provide any
21 data from the assessment and training as well as the results
of the evaluation to the Division or its
22 designee.
23 Failure to complete the entire Program not later than six
months after respondent's initial
24 ~ enrollment shall constitute a violation of probation unless
the Division or its designee agrees in
25 ; writing to a later time for completion. Based on
respondent's performance in and evaluations
26 from the assessment, education, and training, the Program
shall advise the Division or its
27 designee of its recommendation(s) for additional education,
training, psychotherapy and other
28 measures necessary to ensure that respondent can practice
medicine safely. Respondent shall
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comply with Program recommendations. At the completion of the
Program, respondent shall
2 submit to a final evaluation. The Program shall provide the
results of the evaluation to the
3 Division or its designee. The professional boundaries program
shall be at respondent's expense
4 and shall be in addition to the Continuing Medical Education
(CME) requirements for renewal of
5 licensure.
6 The Program has the authority to determine whether or not
respondent successfully
7 completed the Program.
8 A professional boundaries course taken after the acts that
gave rise to the charges in the
9 Accusation, but prior to the effective date of the Decision
may, in the sole discretion of the Board
10 or its designee, be accepted towards the fulfillment of this
condition if the course would have
11 been approved by the Board or its designee had the course
been taken after the effective date of
12 this Decision.
13 If respondent fails to complete the Program within the
designated time period, respondent
14 shall cease the practice of medicine within three (3)
calendar days after being notified by the
15 Division or its designee that respondent failed to complete
the Program.
16 4. PEP MONITORING -PRACTICE Within 90 days ofthe effective
date ofthis
17 Decision, respondent shall participate in a professional
enhancement program equivalent to the • •
18 one offered by the Physician Asses~ment and Clinical
Education Program at the University of
19 California, San Diego School of Medicine, which shall include
quarterly chart review, semi-
20 annual practice assessment, and semi-annual review of
professional growth and education.
21 Respondent shall participate in the professional enhancement
program at respondent's expense
22 during the first two years of probation, or until the Board
or its designee determines that future
23 participation is no longer necessary.
24 5. NOTIFICATION Within seven (7) days of the effective date
of this Decision, the ,. 25 respondent shall provide a true copy of
this Decision and Accusation to the Chief of Staff or the
26 Chief Executive Officer at every hospital where privileges or
membership are extended to
27 respondent, at any other facility where respondent engages in
the practice of medicine, including
28 all physician and locum tenens registries or other similar
agencies, and to the Chief Executive
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1 Officer at every insurance carrier which extends malpractice
insurance coverage to respondent.
2 Respondent shall submit proof of compliance to the Division or
its designee within 15 calendar
3 days.
4 This condition shall apply to any change(s) in hospitals,
other facilities or insurance carrier.
5 6. SUPERVISION OF PHYSICIAN ASSISTANTS During probation,
respondent is
6 prohibited from supervising physician assistants.
7 7. OBEY ALL LAWS Respondent shall obey all federal, state and
local laws, all
8 rules governing the practice of medicine in California, and
remain in full compliance with any
9 court ordered criminal probation, payments and other
orders.
10 8. QUARTERLY DECLARATIONS Respondent shall submit
quarterly
11 declarations under penalty of perjury on forms provided by
the Division, stating whether there has
12 been compliance with all the conditions of probation.
Respondent shall submit quarterly
13 declarations not later than 10 calendar days after the end of
the preceding quarter.
14 9. GENERAL PROBATION UNIT REQUIREMENTS
15 Compliance with Probation Unit
16 Respondent shall comply with the Board's probation unit and
all terms and constitutions
1 7 of this Decision . .. 18 Address Changes
19 Respondent shall, at all times, keep the Board informed of
respondent's business and
20 residence addresses, email address (if available), and
telephone number. Changes of such
21 addresses shall be immediately communicated in writing to the
Board or its designee. Under no
22 circumstances shall a post office box serve as an address of
record, except as allowed by Business
23 and Professions Code section 2021 (b).
24 Place of Practice
"" 25 Respondent shall not engage in the practice of medicine in
respondent's or patient's place
26 of residence, unless the patient resides in a skilled nursing
facility or other similar licensed
27 facility.
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License Renewal
2 Respondent shall maintain a current and renewed California
physician's and surgeon's
3 license.
4 Travel or Residence Outside California
5 Respondent shall immediately inform the Board, or its
designee, in writing, of travel to any
6 areas outside the jurisdiction of California which lasts, or
is contemplated to last, more than 30
7 calendar days.
8 In the event respondent should leave the State of California
to reside or to practice
9 respondent shall notify the Board or its designee in writing
30 calendar days prior to the dates of
1 0 departure and return.
11 10. INTERVIEW WITH THE DIVISION. OR ITS DESIGNEE Respondent
shall be
12 available in person upon request for interviews either at
respondent's place of business or at the
13 probation unit office with or without prior notice throughout
the term of probation.
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11. NON-PRACTICE WHILE ON PROBATION Respondent shall notify the
Board
or its designee in writing within 15 calendar days of any
periods of non-practice lasting more than
30 calendar days and within 15 calendar days ofrespondent' s
return to practice. Non-practice is
defined as any period of time respondent is not practicing
medicine in California as defined in
Business and Professions Code sections 2051 and :t052 for at
least 40 hours in a calendar month
in direct patient care, clinical activity or teaching, or other
activity as approved by the Board. All
time spent in an intensive training program which has been
approved by the Board or its designee
shall not be considered non-practice. Practicing medicine in
another state of the United States or
Federal jurisdiction while on probation with the medical
licensing authority of that state or
jurisdiction shall not be considered non-practice. A
Board-ordered suspension of practice shall
not be considered as a period of non-practice.
25 In the event respondent's period of non-practice while on
probation exceeds 18 calendar:
26 months, respondent all successfully complete a clinical
training program that meets the criteria of
27 Condition 18 ofthe current version ofthe Board's "Manual
ofModel Disciplinary Orders and
28 Disciplinary Guidelines" prior to resuming the practice of
medicine.
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Respondent's period of non-practice while on probation shall not
exceed two (2) years.
2 Periods of non-practice will not apply to the reduction of the
probationary term.
3 Periods of non-practice will relieve respondent of the
responsibility to comply with the
4 probationary terms and conditions with the exception of this
condition and the following terms
5 and conditions of probation: Obey All Laws; and General
Probation Requirements.
6 12. COMPLETION OF PROBATION Respondent shall comply with all
financial
7 obligations (e.g., cost recovery, restitution, probation
costs) not later than 120 calendar days prior
8 to the completion of probation. Upon successful completion of
probation, respondent's certificate
9 shall be fully restored.
10 13. VIOLATION OF PROBATION Failure to fully comply with any
term or
11 condition of probation is a violation of probation. If
respondent violates probation in any respect,
12 the Division, after giving respondent notice and the
opportunity to be heard, may revoke
13 probation and carry out the disciplinary order that was
stayed. If an Accusation, Petition to
14 Revoke Probation, or an Interim Suspension Order is filed
against respondent during probation,
15 the Division shall have continuing jurisdiction until the
matter is final, and the period of probation
16 shall be extended until the matter is final.
17 14. LICENSE SURRENDER Following the effective date of this
Decision, if ,. 18 respondent ceases practicing due to retirement,
or health reasons or is otherwise unable to satisfy
19 the terms and conditions of probation, respondent may request
to surrender his or her license.
20 The Board reserves the right to evaluate respondent's request
and to exercise its discretion, in
21 determining whether or not to grant the request, or to take
any other action deemed appropriate
22 and reasonable under the circumstances. Upon formal
acceptance of the surrender, respondent
23 shall within 15 calendar days deliver respondent's wallet and
wall certificate to the Division or its
24 designee and respondent shal\ no longer practice medicine.
Respondent will no longer be subject ""
25 to the terms and conditions of probation. If respondent
re-applies for a medical license, the
26 application shall be treated as a petition for reinstatement
of a revoked certificate.
27 15. PROBATION MONITORING COSTS Respondent shall pay the costs
associated
28 with probation monitoring each and every year of probation,
as designated by the Board, which
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1 may be adjusted on an annual basis. Such costs shall be
payable to the Medical Board of
2 California and delivered to the Division or its designee no
later than January 31 of each calendar
3 year.
4 ACCEPTANCE
5 I have carefully read the above Stipulated Settlement and
Disciplinary Order and have fully
6 discussed it with my attorney, Lynn Hubbard III. I understand
the stipulation and the effect it will
7 have on my Physician and Surgeon's Certificate. I enter into
this Stipulated Settlement and
8 Disciplinary Order voluntarily, knowingly, and intelligently,
and agree to be bound by the
9 Decision and Order of the Medical Board of California.
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11 DATED:
DAVID ELLIOT ALTMAN, M.D. Respondent 12
13 I have read and fully discussed with Respondent David Elliot
Altman, M.D. the terms and
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conditions and other matters contained in the above Stipulated
Settlement and Disciplinary Order.
I approve its form and content.
DATED:
18 Ill
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Lynn Hubbard III Attorney for Respondent
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03113/2012 16:33 FAX 9163272247 141011
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may be adjusted on an annual basis. Such.costs shall be payable
to the Medical Board of
California and delivered to the Division or its designee no
later than January 31 of each calendar
year.
ACCEPTANCE
8
I have carefully read the above Stipulated Settlement and
Disciplinary Order and have fully
discussed it with my attorney, Lynn Hubbard III. I understand
the stipulation and the effect it will
have on my Physician and Surgeon's Certificate. [enter into this
Stipulated Settlement and
Disciplinary Order voluntarily, knowingly, and intelligently,
and agree to be bound by the
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Decision and Order ofthe Medical Board of California.
DATED: 9;;;J rc !JJ1;;;; 12
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I have read and fully discussed with Respondent David Elliot
Altman, M.D. the terms and
conditions and other matters contained in the above Stipulated
Settlement and Disciplinary Order.
I approve its form and content.
DATED: ~\\11\ \r 18 \.1//
19 Ill
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Attorney for Respondent
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STIPULATED SETTLEMENT (02-2008-194793)
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ENDORSEMENT
The foregoing Stipulated Settlement and Disciplinary Order is
hereby respectfully
submitted for consideration by the Medical Board of California
of the Department of Consumer
Affairs.
Dated: March 8, 2012
SA2010101557 10855503.docx
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KAMALA D. HARRIS Attorney General of California GAIL M. HEPPELL
Supervising Deputy Attorney General
MARA FAUST Deputy Attorney General Attorneys for Complainant
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Exhibit A ·flo
Amended Accusation No. 02-2008-194793
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1 KAMALA D. HARRIS Attorney General of California
2 GAIL M. HEPPELL Supervising Deputy Attorney General
3 MARA FAUST Deputy Attorney General
4 State Bar No. 111729 1300 I Street, Suite 125
5 P.O. Box 944255 Sacramento, CA 94244-2550
6 Telephone: (916) 324-5358 Facsimile: (916) 327-2247
7
8
9
Attorneys for Complainant
BEFORE THE
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MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS
STATE OF CALIFORNIA
12 In the Matter of the Accusation Against:
13 DAVID ELLIOT ALTMAN, M.D. 20 Constitution Drive, #B
14 Chico, CA 95973-4906
Physician's and Surgeon's No. 034377
Case No. 02-2008-194793
AMENDED ACCUSATION
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Respondent.
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Complainant alleges:
PARTIES
20 1. Linda K. Whitney (Complainant) brings this Accusation
solely in her official capacity
21 as the Executive Director of the Medical Board of California,
Department of Consumer Affairs.
22 2. On or about June 25, 1977, the Medical Board of California
issued Physician and
23 Surgeon's Number G34377 to David Elliot Altman, M.D.
(Respondent). Said license expires on
24; · May 31, 2012 .unless otherwise renewed. ~
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2 3.
JURISDICTION
This Accusation is brought before the Medical Board of
California (Board),
3 Department of Consumer Affairs, under the authority of the
following laws. All section
4 references are to the Business and Professions Code unless
otherwise indicated.
5 4. Section 2266 of the Code states:
6 "The failure of a physician and surgeon to maintain adequate
and accurate records relating
7 to the provision of services to their patients constitutes
unprofessional conduct."
8 5. Section 2234 of the Code states:
9 "The Division of Medical Quality 1shall take action against
any licensee who is charged
10 with unprofessional conduct. In addition to other provisions
of this article, unprofessional
11 conduct includes, but is not limited to, the following:
12 "(a) Violating or attempting to violate, directly or
indirectly, assisting in or abetting
13 the violation of, or conspiring to violate any provision of
this chapter [Chapter 5, the
14 Medical Practice Act].
15 "(b) Gross negligence."
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"(f) Any action or conduct which would have warrantedthe denial
of a certificate."
""' . FIRST CAUSE FOR DISCIPLINE (Gross Negligence-Failure to
maintain Records for Patient TB)
(Bus. & Prof. Code section 2234(b))
Respondent is subject to disciplinary action under section
2234(b) in that he failed to
21 adequately document his care and treatment of female patient
TB from January 4, 2007 through
22 March 25, 2008. The circumstances are as follows:
23 7. On or about and between January 4, 2007 and March 25,
2008, Respondent failed to
24 document for patient TB' s visits, her chief complaint, her
history of present illness, a review of .. 25
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1 California Business and Professions Code section 2002, as
amended and effective January 1, 2008, provides that, unless
otherwise expressly provided, the term "board" as used in the State
Medical Practice Act (Cal. Bus & Prof Code, sections 2000, et
seq.) means the "Medical Board of California," and references to
the "Division of Medical Quality" and "Division of Licensing" in
the Act or any other provision of law shall be deemed to refer to
the Board.
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her systems, whether a physical examination was done, and what
was the assessment and plan. In
2 addition, during the same above referenced time frame,
Respondent failed to document TB' s
3 requests for early refills, her suicide threats, and TB's
other aberrant and/or unusual behavior.
4 SECOND CAUSE FOR DISCIPLINE (Failure to Maintain Adequate
Records-Patient TB)
5 (Bus. & Prof. Code section 2266)
6 8. Complainant realleges paragraph 7 above, and incorporates
it by reference herein as
7 fully set forth.
8 9. Respondent is subject to disciplinary action under section
2266 in that he failed to
9 maintain adequate and accurate records relating to the
provision of services by Respondent for
10 patient TB.
11 THIRD CAUSE FOR DISCIPLINE (Gross Negligence-Accepting
Marijuana as a Gift or Payment from Patient TB)
12 (Bus. & Prof. Code section 2234(b))
13 10. Complainant realleges paragraph 7 above, and incorporates
it by reference herein as
14 fully set forth.
15 11. Respondent is subject to disciplinary action under
section 2234(b) in that he accepted
16 a gift or payment of an eighth of an ounce of marijuana on
one occasion from patient TB.
17 FOURTH CAUSE FOR DISCIPLINE (Ger•ral Unprofessional
Conduct-Inappropriate Comments Made to patient JFL)
18 (Bus. & Prof. Code section 2234)
19 12. Respondent is subject to disciplinary action under
section 2234 in that he made
20 inappropriate comments to patient JFL when Respondent was
treating her on April 14, 2009. The
21 circumstances are as follows:
22 13. On or about April14, 2009, Respondent undertook the care
and treatment of female
23 patient JFL for back pain. Respondent gave the patient two
injections in her shoulders.
24 14. rouring the physical examination, Respondent told her to
exhale hard like a really •
25 good blow job. Just before Respondent gave this patient her
injections in her shoulders, he told
26 her that "everyone else was cutting their shit with baking
soda, so we do too." Such statements
27 collectively constitute general unprofessional conduct.
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FIFTH CAUSE FOR DISCIPLINE (Gross Negligence-Failure to Maintain
records for patient JFL)
(Bus. & Prof. Code section 2234(b))
3 14. Complainant realleges paragraph 13 above, and incorporates
it by reference herein as
4 fully set forth.
5 15. Respondent is subject to disciplinary action under section
2234(b) in that that he
6 failed to adequately document his care and treatment of female
patient JFL on April 14, 2009.
7 The circumstances are as follows:
8 16. On or about April 14, 2009, Respondent failed to
adequately document the patient's
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chief complaint, history, review of systems in a physical
exam.
SIXTH CAUSE FOR DISCIPLINE (Failure to maintain adequate records
for Patient JFL)
(Bus. & Prof. Code section 2266)
12 17. Complainant realleges paragraph 13 above, and
incorporates it by reference herein as
13 fully set forth
14 18. Respondent is subject to disciplinary action under
section 2266 in that he failed to
15 adequately document his care and treatment of female patient
JFL on April 14, 2009. The
16 circumstances are as follows:
17 19. On or about April 14, 2009, Respondent failed to
adequately document the patient's \,.
18 chief complaint, history, review of systems in a physical
exam.
19 PRAYER
20 WHEREFORE, Complainant requests that a hearing be held on the
matters herein alleged,
21 and that following the hearing, the Medical B,oard of
California issue a decision:
22 1. Revoking or suspending Physician and Surgeon's Number
G34377, issued to David
23 Elliot Altman, M.D.
24 Revoking, suspending or denying approval of David Elliot
Altman, M.D.'s authority to ~
25 supervise physician assistants, pursuant to section 3527 of
the Code;
26 Ill
27 Ill
28 Ill
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2. If placed on probation, ordering David Elliot Altman, M.D. to
pay the Medical Board
of California the costs of probation monitoring;
3. Taking such other and further action as deemed necessary and
proper.
DATED: _ __.£_3+-/.!._J'--f---13//_?. __ _ I I
SA2010101557 1 0855523.doc
LINDA K. WHITNEY Executive Director Medical Board of California
Department of Consumer Affairs State of California Complainant
5 1 l A-------&.~~-
