BEFORE THE MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter of the Accusation ) Against: ) ) ) Elliott Richard Phillips, M.D. ) ) Physician's and Surgeon's ) Certificate No. G 31876 ) ) Respondent ) Case No. 800-2014-009418 DECISION The attached Stipulated Surrender of License and 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 April 20, 2016 IT IS SO ORDERED iud l 13, 2016 MEDICAL BOARD OF CALIFORNIA
Transcript
BEFORE THE MEDICAL BOARD OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA
In the Matter of the Accusation ) Against: )
) )
Elliott Richard Phillips, M.D. ) )
Physician's and Surgeon's ) Certificate No. G 31876 )
) Respondent )
Case No. 800-2014-009418
DECISION
The attached Stipulated Surrender of License and 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 April 20, 2016
IT IS SO ORDERED iud l 13, 2016
MEDICAL BOARD OF CALIFORNIA
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KAMALA D. HARRIS Attorney General of California JANE ZACK SIMON Supervising Deputy Attorney General MACHAELA M. MINGARDI Deputy Attorney General State Bar No. 194400
455 Golden Gate A venue, Suite 11000 San Francisco, CA 94102-7004 Telephone: (415) 703-5696 Facsimile: (415) 703-5480
Attorneys for Complainant
BEFORE THE MEDICAL BOARD OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA
In the Matter of the Accusation Against: Case No. 800-2014-009418
ELLIOTT RICHARD PHILLIPS, M.D.
1689 Red Oak Drive 13 Stoughton, WI 53589
STIPULATED SURRENDER OF LICENSE AND ORDER
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Physician's and Surgeon's Certificate No. G 31876
Respondent.
IT IS HEREBY STIPULATED AND AGREED by and between the parties to the above-
entitled proceedings that the following matters are true:
PARTIES
1. Kimberly Kirchmeyer (Complainant) is the Executive Director of the Medical Board
of California. She brought this action solely in her official capacity and is represented in this
matter by Kamala D. Harris, Attorney General of the State of California, by Machaela M.
Mingardi, Deputy Attorney General.
2. Elliott Richard Phillips, M.D. (Respondent) is represented in this proceeding by
attorney Mario D. Mendoza, whose address is Murphy Desmond S.C., P.O. Box 2038, Madison,
Wisconsin 53701.
3. On or about June 21, 1976, the Medical Board of California issued Physician's and
Surgeon's Certificate No. G 31876 to Elliott Richard Phillips, M.D. (Respondent). The
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Stipulated Surrender of License (Case No. 800-2014-009418)
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Physician's and Surgeon's Certificate was in full force and effect at all times relevant to the
charges brought in Accusation No. 800-2014-009418. The license is expired and delinquent as of
May 31,2015.
JURISDICTION
4. Accusation No. 800-2014-009418 was filed before the Medical Board of California
(Board), Department of Consumer Affairs, and is currently pending against Respondent. The
Accusation and all other statutorily required documents were properly served on Respondent on
June 15, 2015. Respondent filed his Notice ofDefense contesting the Accusation. A copy of
Accusation No. 800-2014-009418 is attached as Exhibit A and incorporated by reference.
ADVISEMENT AND WAIVERS
5. Respondent has carefully read, fully discussed with counsel, and understands the
charges and allegations in Accusation No. 800-2014-009418. Respondent also has carefully read,
fully discussed with counsel, and understands the effects of this Stipulated Surrender of License
and Order.
6. Respondent is fully aware of his legal rights in this matter, including the right to a
hearing on the charges and allegations in the Accusation; the right to be represented by counsel, at
his own expense; the right to confront and cross-examine the witnesses against him; the right to
present evidence and to testify on his own behalf; the right to the issuance of subpoenas to compel
the attendance of witnesses and the production of documents; the right to reconsideration and
20 court review of an adverse decision; and all other rights accorded by the California
21 · Administrative Procedure Act and other applicable laws.
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7. Respondent voluntarily, knowingly, and intelligently waives and gives up each and
every right set forth above.
CULPABILITY
8. Respondent acknowledges the Stipulation he entered into in the State of Wisconsin
and the resulting Final Decision and Order from the State of Wisconsin Medical Examining
Board, as described in Accusation No. 800-2014-009418, agrees that cause exists for discipline
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Stipulated Surrender of License (Case No. 800-2014-009418)
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and hereby surrenders his Physician's and Surgeon's Certificate No. G 31876 for the Board's
formal acceptance.
9. Respondent understands that by signing this Stipulation he enables the Board to issue
an order accepting the surrender of his Physician's and Surgeon's Certificate without further
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6 CONTINGENCY
7 10. This Stipulation shall be subject to approval by the Medical Board of California.
8 Respondent understands and agrees that counsel for Complainant and the staff of the Medical
9 Board of California may communicate directly with the Board regarding this Stipulation and
10 surrender, without notice to or participation by Respondent or his counsel. By signing the
11 Stipulation, Respondent understands and agrees that he may not withdraw his agreement or seek
12 to rescind the Stipulation prior to the time the Board considers and acts upon it. If the Board fails
13 to adopt this Stipulation as its Decision and Order, the Stipulated Surrender and Disciplinary
14 Order shall be of no force or effect, except for this paragraph, it shall be inadmissible in any legal
15 action between the parties, and the Board shall not be disqualified from further action by having
16 considered this matter.
17 11. The parties understand and agree that Portable Document Format (PDF) and facsimile
18 copies of this Stipulated Surrender of License and Order, including Portable Document Format
19 (PDF) and facsimile signatures thereto, shall have the same force and effect as the originals.
20 12. In consideration of the foregoing admissions and stipulations, the parties agree that
21 the Board may, without further notice or formal proceeding, issue and enter the following Order:
22 ORDER
23 IT IS HEREBY ORDERED that Physician's and Surgeon's Certificate No. G 31876, issued
24 to Respondent Elliott Richard Phillips, M.D., is surrendered and accepted by the Medical Board
25 of California.
26 1. The surrender of Respondent's Physician's and Surgeon's Certificate and the
27 acceptance of the surrendered license by the Board shall constitute the imposition of discipline
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3 Stipulated Surrender of License (Case No. 800-20 14-009418)
1 against Respondent. This Stipulation constitutes a record of the discipline and shall become a
2 part of Respondent's license history with the Medical Board of California.
3 2. Respondent shall lose all rights and privileges as a physician and surgeon in
4 California as of the effective date ofthe Board's Decision and Order.
5 3. Respondent shall cause to be delivered to the Board his pocket license and, if one was
6 issued, his wall certificate on or before the effective date of the Decision and Order.
7 4. If he ever applies for licensure or petitions for reinstatement in the State of California,
8 the Board shall treat it as a new application for licensure. Respondent must comply with all the
9 laws, regulations and procedures for licensure in effect at the time the application or petition is
10 filed, and all ofthe charges and allegations contained in Accusation No. 800-2014-009418 shall
11 be deemed to be true, correct and admitted by Respondent when the Board determines whether to
12 grant or deny the application or petition.
13 5. If Respondent should ever apply or reapply for a new license or certification, or
14 petition for reinstatement of a license, by any other health care licensing agency in the State of
15 California, all ofthe charges and allegations contained in Accusation, No. 800-2014-009418 shall
16 be deemed to be true, correct, and admitted by Respondent for the purpose of any Statement of
17 Issues or any other proceeding seeking to deny or restrict licensure.
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19 ACCEPTANCE
20 I have carefully read the above Stipulated Surrender of License and Order and have fully
21 discussed it with my attorney, Mario D. Mendoza. I understand the Stipulation and the effect it
22 will have on my Physician's and Surgeon's Certificate. I enter into this Stipulated Surrender of
23 License and Order voluntarily, knowingly, and intelligently, and agree to be bound by the
24 Decision and Order of the Medical Board of California.
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26 DATED: ~C. 'J.atC, I
27 Respondent
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PS, M.D.
Stipulated Surrender of License (Case No. 800-20 14-009418)
1 I have read and fully discussed with Respondent Elliott Richard Phillips, M.D. the terms
2 and conditions and other matters contained in this Stipulated Surrender of License and Order. I
3 approve its form and content.
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6 ···Attorney for Respondent ·
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8 ENDORSEMENT
9 The foregoing Stipulated Surrender of License and Order is hereby respectfully submitted
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for consideration by the Medical Board of California ofthe Department of Consumer Affairs.
Dated: Af ~( [1 [Of~
SF20l5300394 41473827.doc
Respectfully submitted,
KAMALA D. HARRIS Attorney General of California JANE ZACK SIMON
Suqe ising Deprty ~ttorn;r C}ieral ,.
i ~ f I / L /i !l t.l( /_j;J_ .\ IJV z { t tVfvli) ? ·
(f ~ / i.1ACHAELA}.1. MINGARDI \fL'¥ Deputy Attorney General Attorneys for Complainant
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Stipulated Surrender of License (Case No. &00-20 14-009418)
Exhibit A
Accusation No. 800-2014-009418
FILED STATE OF CALIFORNIA
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KAMALA D. HARRIS Attorney General of California JANE ZACK SIMON
MEDICAL~ CAI..FORNIA SA · 6 20..1!L BY~~ ANALYST
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Supervising Deputy Attorney General State Bar No. 116564
455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: (415) 703-5544 Facsimile: ( 415) 703-5480 E-mail: [email protected]
Attorneys for Complainant
BEFORE THE MEDICAL BOARD OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA
11 In the Matter of the Accusation Against: Case No. 800-2014-009418
ACCUSATION 12 ELLIOTT RICHARD PHILLIPS, M.D. W3996 Fairlane Circle
13 Malone, WI 53049
14 Physician's and Surgeon's
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Certificate No. G31876
The Complainant alleges:
Respondent.
18 1. Kimberly Kirchmeyer (Complainant) is the Executive Director of the Medical Board
19 of California, Department of Consumer Affairs, and brings this Accusation solely in her official
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21 2. On June 21, 1976, Physician's and Surgeon's Certificate No. G31876 was issued by
22 the Medical BoaTd of Califomia to Elliott Richard Phillips, M.D. (Respondent.) The certificate is
23 delinquent, having expired on May 31, 2015. Prior disciplinary action has been taken against the
24 certificate as follows: On August 20, 1985, an Accusation was filed and on August 29, 1986, a
25 Decision became effective which read: Revoked, stayed, five years probation with terms and
26 conditions. On August 29, 1991, the probation term was completed.
2 3. This Accusation is brought before the Medical Board of California (Board) under the
3 authority of the following sections of the California Business and Professions Code (Code) and/or
4 other relevant statutory enactment:
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A. Section 2227 of the Code provides, in part, that the Board may revoke,
suspend for a period not to exceed one year, or place on probation, the license of any
licensee who has been found guilty under the Medical Practice Act, and may recover the
costs of probation monitoring.
B. Section 2305 of the Code provides, in part, that the revocation, suspension,
or other discipline, restriction or limitation imposed by another state upon a license to
practice medicine issued by that state, that would have been grounds for discipline in
California under the ~~fedical Practice Act, constitutes grounds for discipline for
unprofessional conduct.
4.
c. Section 141 of the Code provides:
"(a) For any licensee holding a license issued by a board under the jurisdiction of a department, a disciplinary action taken by another state, by any agency of the iederal government, or by another country for any act substantially related to the practice regulated by the Califomia license, may be a ground for disciplinary action by the respective state licensing board. A certified copy of the record of the disciplinary action taken against the licensee by another state, an agency of the federal government, or by another country shall be conclusive evidence of the events related therein.
"(b) Nothing in this section shall preclude a board from applying a specific statutory provision in the licensing act administered by the board that provides for discipline based upon a disciplinary action taken against the licensee by another state, an agency of the federal government, or another country."
FIRST CAUSE FOR DISCIPLINE
(Discipline, Restriction, or Limitation Imposed by Another State)
On October 15,2014, the Wisconsin Medical Examining Board issued a Final
25 Decision and Order regarding Respondent's license to practice medicine in the State of
2c. Wisconsin. The Final Decision and Order adotJted a Sti1mlation of the parties, and contains 0
27 factual findings that the \Visconsin Board received complaints regarding medical care provided to
28 patients by Respondent, who is a psychiatrist. Respondent has been diagnosed \Vith Parkinson's
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Accusation
1 disease, and as a result, through no fault of his own, he is unable to engage in clinical practice.
2 Respondent's Wisconsin license was limited for medical reasons, in that he shall not engage in
3 the clinical practice of medicine. He was also require to pay costs to the Wisconsin Board.
4 Copies of the Final Decision and Order and Stipulation issued by the Wisconsin Medical
5 Examining Board are attached as Exhibit A.
6 5. The action of the Wisconsin Medical Examining Board as set forth in paragraph 4,
7 above, constitutes cause for action by the Medical Board of California pursuant to sections 2305
8 and 141 of the Code.
9 PRAYER
10 WHEREFORE, Complainant requests that a hearing be held on the matters herein
11 alleged, and that following the hearing, the Board issue a decision:
12 1. Revoking or suspending Physician's and Surgeon's Certificate Number 031876
13 issued to respondent Elliott Richard Phillips, M.D.;
14 2. Revoking, suspending or denying approval of Respondent's authority to supervise
15 physician assistants;
16 3. Ordering Respondent, if placed on probation, to pay the costs of probation
1 7 monitoring; and
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4. Taking such other and further actioV as the Bo~d deems necessary and proper. f ~ • "
DATED: June 15 '2015
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Executiv Director Medical Board of California Department of Consumer Affairs State of Califomia
Complainant
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Accusation
EXHIBIT A
STATE OF WISCONSIN BEFORE THE MEDICAL EXA..MINlNG BOARD
IN THE MATTER OF DISCIPLINARY PROCEEDINGS AGA..INST
ELLIOTT PHILLIPS, M.D., RESPONDENT.
FINAL DECISION AND ORDER
00034 7 5
Division of Legal Services and Compliance Case No. 13 1\fED 373
The parties to this action for the purpose of Wis. Stat.§ 227.53 are:
Elliott Phillips, M.D. W3996 Fairlane Circle Malone, WI 53049-1698
Wisconsin Medical Examining Board P.O. Box 8366 Madison, WI 53 708-8366
Division of Legal Services and Compliance Department of Safety and Professional Services P.O. Box 7190 Madison, WI 53707-7190
The parties in this matter agree to the terms and conditions of the attached Stipulation as the final disposition of this matter, subject to the approval of the Medical Examining Board (Board). The Board has reviewed this Stipulation and considers it acceptable.
Accordingly, the Board in this matter adopts the attached Stipulation and makes the foilowing Findings ofFact, Conclusions of Law and Order.
FINDINGS OF FACT
1. Respondent Elliott Phillips, M.D., (dab May 5, 1949), is licensed in the State of Wisconsin to practice medicine and surgery, having license number 45087-20, first issued on October 24, 2002, with registration current through October 31, 2015. Respondent's most recent address on file v;,rith the Wisconsin Department of Safety and Professional Services (Department) is W3996 Fair1aue Circle, Malone, Wisconsin 53049-1698. He is certified in psychiatry by the American Board of Psychiatry & Neurology.
2. The Board has received a complaint alleging that Respondent's treatment of some patients did not meet the current standard of care. Respondent denies that allegation.
~ Res~tOTident has been diagnosed \Vith Park_insonls disease. i\S a result of his medical condition and through no fault of his ovvn, he is unable to engage in clinical practice at this time.
4. In resolution of this matter, Respondent voluntarily consents to the entry of the folim.,mg Conclusions of Law and Order.
CONCLUSION OF LA \V
The Wisconsin Medical Examining Board has jurisdiction to act in this matter pursuant to
Wis. Stat. § 448.02(3 ). and is authorized to enter into the atta<::hed Stipulation pursu.ant to Wis. r• S JJ~ 4• 4(-) ;:,tat. 'j __ /. ) .
ORDER
1. The attached Stipulation is accepted.
2. Tbe medicine and surgery license issued to Elliott Phillips, M.D., (license no. 45087-20) is LIMITED for medical reasons as follows: Respondent shall not engage in the clinical practice of medicine without authorization from the Board.
3. Within 90 days from the date of this Order, Elliott Phillips, M.D., shail pay COSTS of this matier in the amount of $600.
4. Payment of costs (made payable to the Wisconsin Department of Safety and Professional Services) shall be sent by Respondent to the Department Monitor at the address belmv:
Department Monitor Division of Legal Services and Compliance
Department of Safety and Professional Services P.O. Box 7190, Madison, WI 53707-7190
5. Violation of any of the terms of this Order may be construed as conduct imperiling public health, safety and welfare and may result in a summary suspension of Respondent's license. The Board in its discretion may in the alternative impose additional conditions and limitations or other additional discipline for a violation of any of the terms of this Order. In the event Respondent fails to timely submit payment of costs as ordered, Respondent's license (no. 45087-20) may, in the discretion of the Board or its designee, be SUSPENDED, \.Vithout further notice or hearing, until Respondent has complied with payment of the costs.
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6. This Order is effective on the date of its signing.
\VlSCONSIN MEDICAL EXAMINING BOARD
by:
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October 15.2014 Date
STATE OF WISCONSIN BEFORE THE MEDICAL EXAWJNING BOARD
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IN THE 1\,LA.TIER OF DISCIPLINARY PROCEEDINGS AGAJNST
ELLIOTT PHILLIPS, lvf.D., RESPO"Nl)ENT.
STIPULATION
!)003475
Division of Legal Services and Compliance Case No. 13 MED 373
Responder:t Elliott Phillips, rv1.D., and the Oi\'ision of Legal Services and Compliance, Department of Safety and Professional Services stipulate as follmvs:
1. This Stipulation is entered into as a result of a pending investigation by the Division of Legal Services and Compliance. Respondent consents to the resolution of this investigation by Stipulation.
2. Respondent understands that by signing this Stipulation, Respondent voluntarily and knowingly waives the follovving rights:
• the 1ight to a hearing on the allegations against Respondent, at which time ~he State has the burden of proving those allegations by a preponderance of the evidence;
• the right to confront and cross-examine the witnesses against Respondent; • the right to call \Vitnesses on Respondent's behalf and to compel their attendance by
subpoena; • the right to testify on Respondent's o\vn behalf; • the right to file objections to any proposed decision and to present briefs or oral
arguments to the officials who are to render the final decision; • the right to petition for rehearing; and • all other applicable rights afforded to Respondent under the United States Constitution,
the \Visconsin Constitution, the Wisconsin Statutes, the \Visconsin Administrative Code, and other provisions of state or federal law.
3. Respondent is aware of Respondent's right to seek legal represenmtion and has been provided an opporturJty to obtain legal counsel before signing this Stipulation. Respondent is represented by .t¥1urphy Desmond, S.C.
4. Respondent agrees to the adoption of the attached Final Decision and Order by the Wisconsin Medical Examining Board (Board). The parties to the Stipulation consent to the entry of the attached Final Decision and Order \Vithout further notice, pleading, appearance or consent of the parties. Respondent \Vaives all rights to any appeal of the Board's order, if adopted in the form as attached.
5. If the terms of this Stipulation are not acceptable to the Board, the parties shall not be bound by the contents of this Stipulat;ion, ~d ~the matter shall then be returned to the Division of Legal Sen-ices and Compliance for ft.irthet"pr6ceedmgs .. In.the event that the Stipulation is not accepted by the Board, the parties agree not to contend that the Board has been prejudiced or biased in any manner by the consideration of this attempted resolution.
6. The parties to this Stipulation agree that the attorney or other agent for the Division of Legal Services and Compliance and any member of the Board ever assigned as an advisor in this investigation may appear before the Board in open or closed session, without the presence ofRespondent or Respondent's attorney, for purposes of speaking in support of this agreement and ansv.rering questions that any member of the Board may have in connection with deliberations on the Stipulation. Additionally, any such advisor may vote on whether the Board should accept this Stipulation and issue the attached Final Decision and Order.
7. Respondent is informed that should the Board adopt this Stipulation, the Board's Final Decision and Order is a public record and will be published in accordance with standard Department procedure.
8. The Division of Legal Services and Compliance joins Respondent in recommending the Board adopt this Stipulation and issue the attached Final Decision and Order.
