·BEFORE THE MEDICAL BOARD OF CALIFORNIA

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation an:d Petition to Revoke Probation Against:

) ) ) ) ) ) ) ) ) )

YESSENNIA CA~DELARIA, M.D. Case No. 8002018040079

Physician's and Surgeon's Certificate No. C52575

Respondent

DECISION

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

This Decision shall become effective at 5:00 p.m. on December 11,. 2018 •

IT IS SO ORDERED December 4, 2018 •

MEDICAL BOARD OF CALIFORNIA

Executive Director

1 XAVIER BECERRA 'Attorney General of California

2 · . ALEXANDRA M. ALVAREZ Supervising Deputy Attorney General

3 RYAN J. YATES . Deputy Attorney General

4 State Bar No. 279257 · '1300 I Street, Suite 125

5 ·P.O. Box 944255 ·Sacramento, CA 94244-2550

6 Telephone: (916) 210-6329 Facsimile: (916) 327-2247

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Attorneys for Co~plainant

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BEFORE THE MEDICAL BOARD OF CALIFORNIA

DEPARTMENT OF CONSUMERAFFAIRS STATE ·oF CALIFORNIA

In the Matter of the Accusation/Petition to Revoke Probation Against:

YESSENNIA CANDELARIA, M.D . . . 2346 Clubhouse Dr.

Rocklin, CA 95765-5616

Physician's and Surgeon's Certificate

Case No. 800-2018-040079

OAHNo. 2018040400

STIPULATED SURRENDER OF LICENSE AND DISCIPLINARY ORDER

19 No. C 52575 .

20 Respondent.

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

23 ·.entitled proceedings that the following matters are true:

24 PARTIES

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

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

27 ·~his matter by Xavier Becerra, Attorney General of the State of California, by Ryan Yates,.

28 Deputy Attorney General.

Stipulated Surrender of License and Disciplinary Order (Case No. 800-2018-040079)

1 2. Respondent Yessennia Candelaria, M.D. (Respondent) is represented in this

2 proceeding by attorney Paul Chan, Esq., whose address is: 1851 Heritage Lane, Suite 128

3 Sacramento, CA 95815-4996

4 3. On or about November 1, 2006, the Board issued Physician's and Surgeon's

5 Certificate No. C 52575 toYessennia Candelaria, M.D. (Respondent). The Physician's and

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

7 Accusation and Petition to Revoke Probation No. 800-2018-040079, and will expire on May 31,

8 2020, unless renewed.

9 JURISDICTION

10 4. Accusation and Petition to Revoke Probation No. 800-2018-040079 was filed before ' .

11 the Board, and is currently pending against Respondent. The Accusation and Petition to Revoke

12 Probation and all other statutorily required documents were properly served on Respondent on ·

13 March 13, · 2018. Respondent timely filed her Notice of Defense contesting the Accusation and

14 ·Petition to Revoke Probation.

15 5. A copy of Accusation and Petition to. Revoke Probation No. 800-2018-040079 is

16 attached as Exhibit A and incorporated herein by reference.

17 ADVISEMENT ANDWAIVERS.

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

19 charges and allegations in Accusation and Petition to Revoke Probation No. 800-2018-040079.

20 . Respondent has also carefully read, fully discussed with counsel, and understands the effects of ·

21 this Stipulated Settlement and Disciplinary Order.

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

23 °hearing on the charges and allegations in the Accusation and Petition to Revoke Probation; the

24 right to confront and cross-examine t~e witnesses against her; the right to present evidence and to

25 testify on her own behalf; the right to the issuance of subpoenas to compel the attendance of

26 'witnesses and the production of documents; the right to reconsideration and court review of an

27 adverse decision; and all other rights accorded by the California Administrative Procedure Act

28 and other applicable laws.

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Stipulated Surrender of License and Disciplinary Order (Case No. 800-2018-040079)

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

2 every right set forth above.

3 CULP ABILITY

4 9. Respondent does.not contest that, at an administrative hearing, complainant could

5 'establish a prima facie case with respect to the charges and allegations contained in Accusation . .

. 6 and Petition to Revoke Probation No. 800-2018-040079 and that she has thereby subjected her

7 license to disciplinary action.

8 10. Respondent agrees that if she ever petitions for reinstatement of her 'Physician's arid .

9 Surgeon's Certificate No. C 52575, or if the Board ever petitions for revocation of probation, all

10 of the charges and allegations contained in Accusation and Petition to Revoke Probation No. 800-

11 .2018-040079 shall be deemed true, correct and fully admitted by respondent for purposes of that

12 proceeding or any other licensing proceeding involving respondent in the State of California.

13 11. Respondent understands that by signing this stipulation she enables the Executive

14 Director of the Medical Board to issue an order accepting the surrender of his Physician's and ·

15 Surgeon's License No. C 52575 on behalf of the Board, without further notice or opportunity to

16 be heard.

17 12. With Respondent's early acknowledgement that cause exists for the Board's action,

18 Complainant finds good cause under Business and Professions Code section 2307, subdivision

19 (b)(l), and thereby agrees that-Respondent may file a petition for reinstatement two (2) years after

20 the effective date of the Board'.s Decision and Order.

21 RESERVATION

22 13. The admissions made by Respondent herein are only for the purposes of this

23 proceeding, or any other proceedings in which the Medical Board of California or other

24 . professional licensing agency is involved, and shall not be admissible in any other criminal or

25 civil proceeding.

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Stipulated Surrender of License and Disciplinary Order (Case No. 800-2018-040079) ·

CONTINGENCY

2 14. Business and Professions Code section 2224, subdivision (b), provides, in pertinent

3 part, that the Medical Board "shall delegate to its executive director the authority to adopt a ...

4 stipulation for surrender of a license." ·

5 15. This Stipulated Surrender of License and Disciplinary Order shall be subject to

6 approval of the Executive Director on behalf of the Medical Board .. The parties agree that this

7 · Stipulated Surrender of License and Disciplinary Order shall be submitted to the Executive.

8 Director for her consideration in the above-entitled matter and, further, that the Executive

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

1 O · Surrender of License and Disciplinary Order after receiving it. By signing this stipulation,

11 respondent fully understands and agrees that she may not withdraw her agreement or seek to

12 rescind thi.s stipulation prior to the time the Executive1

Director, on behalf of the Medical Board,

13 : considers and acts upon it. ·

14 16. The parties agree that this St~pulated Surrender of License and Disciplinary Order shall·

15 be null and void and not binding upon the parties unless approved and adopted by the Executive

16 'Director on behalf oqhe Board, except for this paragraph, which shall remain in full force and

17 effect. Respondent fully understands and agrees that in deciding whether or not to approve and . ·

18 adopt this Stipulated Surrender of License, the Executive Director and/or the Board may receive

19 'oral and written communications from its staff and/or the. Attorney General's Office.

· 20 · Communications pursuant to this paragraph shall not disqualify the Executive Director, the Board, .

21 any member thereof, and/or any other person from future participation in this or any other matter

·22 ·affecting or involving Respondent. In the event that the Executive Director on behalf of the Board

23 does not, in her discretion, approve and adopt this Stipulated Surrender ~f License, with the .

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

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

26 hereto. Respondent further agrees that should this Stipulated Surrender of License be rejected for

27 any reason by the Executive Direc~or on behalfof the Board, Respondent will assert no claim that

28 .the Executive Director, the Board, or any member thereof, was prejudiced by its/his/her review, .

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Stipulated Surrender of License and Disciplinary Order (Case No. 800-2018-04o'079)

1 discussion and/or consideration of this Stipulated Surrender of License or of any matter or matters

2 ·related hereto.

3 17. The parties understand and agree that Portable Document Format (PDF) and facsimile

4 copies of this Stipulated Surrender of License and Order, including Portable Document Format·

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

6 18. In consideration of the foregoing admissions and stipulations, the parties agree that

7 the Board may, without further notice. or formal proceeding, issue and enter the following Order:

8 ORDER

9 IT IS HEREBY ~RDERED that Physician's and Surgeon's Certificate No. C 52575,

10 issued to Respondent YESSENIA CANDELARIA, M.D., is surrendered and accepted by the

11 Medical Board of California.

12 1. The surrender of Respondent's Physician's and Surgeon's Certificate No. C 52575

13 and the acceptance of the surrendered license.by the Board shall constitute the imposition of

14 discipline against Respondent. This stipulation constitutes a record of the discipline and shall .

15 ·become a part of Respondent's license history wlth the Medical Board of California.

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2. Respondent shall lose all rights and privileges as a physician in California as of the .

effective date of the Board's Decision and Order.

3. Respondent shall cause to be delivered to the Board her pocket license and, if one was

issued, her wall certificate on or before the effective date of the Decision and Order.

4. If Respondent ever files an application for licensure or a petition for reinstatement in

'the State of California, the Board shall treat it as a petition for reinstatement. Respondent must

comply with all laws, regulations and procedures for reinstatement of a revoked or surrendered

license in effect at the time the petition is filed, and all the charges and allegations contained in

'Accusation No. 800-2018-040079 shall be deemed to be true, correct and admitted by Respondent ·

wheri the Board determines whether to grant or deny the petition.

5. If Respondent should ever apply or reapply for a new license or certification, or

·petition for reinstatement of a license, by any other health care licensing agency in the State of

California, all of the charges and allegations contained in Accusation No. 800-2018-040079, shall .

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Stipulated Surrender of License and Disciplinary Order (Case No. 800-2018-040079) .

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1 be deemed to be true, correct, and admitted by Respondent for the purpose of any Statement of

2 Issues or any other proceeding seeking to deny or restrict licensure.

3 ACCEPTANCE

4 I have carefully read the above Stipulated Surrender of license and Disciplinary Order and

5 have fully discussed it with my attorney, Paul Chan. I understand the stipulation and the effect it

6 . 'will have on my Physician's and Surgeon's Certific.ate No. C 52575. I enter into this Stipulated ·

7 Surrender of License and Disciplinary Order voluntarily, knowingly, and intelligently, and agree ·

8 to be bound by the Decision and Order of the Medical Board of California.

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DATED: DU-~~ - ~OJ g . ; fbff{ YESSJA CANDELARIA, M.D. Responden

I have read and fully discussed with Respondent Yessennia Candelaria, 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: tv!?_/,J ;f ri I I PAUL CHAN, Esq. - .

Attorney for Respondent

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Stioulated Surrender of License ancl nisr.inlim1rv OrnP.r fl'1:1111.P. l\Jn RflfL')l)1 ILflAflfl70\

l ENDORSEMENT

2 The foregoing Stipulated Settlement and Disciplinary Order is hereby respectfully

3 submitted for consideration by the Medical Board of California of the Department of Consumer

4 Affairs.

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Dated:

13 SA2018300098

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71633272.docx

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Respectfully submitted,

XAVIER BECERRA Attorney General of California . ALEXANDRA M. ALVAREZ Su rvising Deputy Attorney General

AN YATES Deputy Attorney General Attorneys for Complainant

Stipulated Surrender of License and Disciplinary Order (Case No. 800-2018-040079) .

Exhibit A

Accusation/Petition to Revoke Probation No. 800-2018-040079

1 XAVIER BECERRA Attorney General of California

2 ALEXANDRA M. ALVAREZ Supervising Deputy Attorney General

3 MARAFAUST Deputy Attorney General

4 State Bar No. 111729 California Department of Justice

5 1300 I Street, Suite 125 P.O. Box 944255

6 Sacramento, CA 94244-2550 Telephone: (916) 210-7544

7 Facsimile: (916) 327-2247

8

9

Attorneys for Complainant

FILED CALIFORNIA D OF CALIFORNIA

,l/Y-_,.,'._~-~~2-A~t1st

10

11

BEFORE THE MEDICAL BOARD OF CALIFORNIA

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

12 11-~~~~~~~~~~~~~~~----,

13 In the Matter of the Accusation/Petition to Revoke Probation Against:

14 Y essennia Candelaria, M.D.

15 2346 Clubhouse Drive Rocklin, CA 95765-5616

16 Physician's and Surgeon's Certificate

17 No. C 52575,

18 Respondent.

19

20 Complainant alleges:

Case No. 800-2018-040079

ACCUSATION AND PETITION TO REVOKE PROBATION

21 PARTIES

22 1. Kimberly Kirchmeyer (Complainant) brings this Accusation and Petition To Revoke

23 Probation solely in her official capacity as the Executive Director of the Medical Board of

24 California, Department of Consumer Affairs (Board).

25 2. On or about November 1, 2006, the Medical Board issued Physician's and Surgeon's

26 Certificate C 52575 to Yessennia Candelaria, M.D: (Respondent). The Physician's and Surgeon's

27 Certificate was in full force and effect until May 1, 2013, when a··full Interim Suspension Order

28 was issued, with a no practice order, and was subsequently upheld on June 2d, 2013, after a

1

A CCU SA TION AND. PETITION TO REVOKE PROBATION NO. 800-2018-040079

1 Noticed Hearing. Said suspension remained in effect until April 24, 2015, when Respondent's

2 Physician's and Surgeon's certificate was placed on probation. Respondent's Physidan's and

3 Surgeon's Certificate remains on a probationary status and is in full force and effect and will

4 expire on May 31, 2018, unless renewed.

5 3. In a disciplinary action entitled "In the Matter of the First Amended Accusation

6 Against Yessennia Candelaria, M.D.", in Case No. 02-2012-223984, the Medical Board of

7 California issued a decision dated April 9, 2015, effective April 24, 2015, in which Respondent's

8 Physician's and Surgeon's Certificate was revoked. However, the revocation was stayed and

9 Respondent's Physician's and Surgeon's Certificate was placed on probation for a period of seven

10 years with certain terms and conditions, including a partial restriction on Respondent's DEA

11 permit, limiting her ability to order~ prescribe, dispense, administer, furnish, or possess Controlled

12 Substances to only drugs listed in Schedule IV and V of the California Uniform Controlled

13 Substances Act.

14 JURISDICTION

15 4. This Accusation and Petition To Revoke Probation is brought before the Board under

16 the authority of the following laws and under the Disciplinary Order issued "In the Matter of the

17 First Amended Accusation Against Yessenia Candelaria, M.D., Case No. 02-2012-223984." All

18 section references are to the Business and Professions Code unless otherwise indicated.

19 5. Section 2227 of the Code provides that a licensee who is found guilty under the ·

20 Medical Practice Act may have his or her license revoked, suspended for a period not to exceed

21 one year, placed on probation and required to pay the costs of probation monitoring, or such other

22 action taken in relation to discipline as the Board deems proper.

23 6. Section 2234 of the Code, states:

24 "The board shall take action against any licensee who is charged with unprofessional

25 conduct. In addition to other provisions of this article, unprofessional condu~t includes; but is not

26 limited to, the following:

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

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

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ACCUSATION AND PETITION TO REVOKE PROBATION NO. 800-2018-040079

" " 1

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"( e) The commission of any act involving dishonesty or corruption which is substantially

related to the qualifications, functions, or duties of a physician and surgeon.

"(f) Any action or conduct which would have warranted the denial of a certificate.

" "

6 7. Section 2238 of the Code states:

7 "A violation of any federal statute or federal regulation or any of the statutes or regulations

8 of this state regulating dangerous drugs or controlled s11;bstances constitutes unprofessional

· 9 conduct."

10 8. Health and Safety Code Section 11155 states that "any physician,. who by court order

11 or order of any state or governmental agency, or who voluntarily surrenders his controlled

12 substance privileges, shall not possess, administer, dispense, or prescribe a controlled substance

13 unless and until such privileges have been restored, and he has obtained current registration from

14 the appropriate federal agency as provided by law."

15 9. Health and Safety Code Section 11164 states in relevant part that "No person shall

16 prescribe a controlled substance ... unless it complies with the requirements of this section. (a)

J 7 Each prescription for a controlled substance classified in Schedule II, III, IV, or V ... shall be

18 made on a controlled prescription form ... and shall meet the following requirement: (1) The

19 prescription shall be signed and dated by the prescriber in ink and shall contain ... refill

20 information, such as the number of refills ordered and whether the prescription is a first-time

21 request or a refill; and the name, quantity, strength, and directions for use of the controlled

22 substance prescribed."

23 10. Health and Safety Code Section 11171 states that "No person shall prescribe,

24 administer, or furnish a controlled .substance except under the conditions and in the manner

25 provided by the division."

26 11. Health and Safety Code Section 11172 states that "No person sh~ll antedate or

27 postdate a prescription."

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ACCUSATION AND PETITION TO REVOKE PROBATION NO. 800-2018-040079

1 DRUGS

2 12. Adderall XR, a stimulant containing amphetamine, is a Schedule II controlled

3 substance pursuant to Code of Federal Regulations Title 16 section 1308.12. It is a Schedule II

. 4 controlled substance pursuant to Health and Safety Code section 11055, subdivision (d)(l), and a

5 dangerous drug pursuant to Business and professions Code section 4022.

6 13. Concerta~ a brand name for methylphenidate, a stimulant, is a Schedule II controlled

7 substance pursuant to Code of Federal Regulations Title 16 sec~ion 1308.12. It is a Schedule II

8 controlled substance pursuant to Health and Safety Code section 11055, subdivision ( d)( 6), and a

9 dangerous drug pursuant to Business and professions Code section 4022 .

. 10 FIRST CAUSE FOR DISCIPLINE .•

11 (Unprofessional Conduct & violation of drug laws by prescribing/dispensing/ordering

12 Schedule II Controlled Substances)

13 14. Respondent Yessennia Candelaria, M.D: is subj.ect to disciplinary action under

14 sections 2234, 2234(a), 2238, and Health and Safety Code sections 11155, 11164, 11171, 11172,

15 in that Respondent improperly ordered, prescribed and/or dispensed Schedule II controlled

16 Substance.s to the patients she was treating~ when she lacked the legal authority. The

17 circumstances are as follows:

18 15. On or about April 27, 2016, as part of a probation search of Respondent's home,

. 19 investigators found a stack of blank, pre-signed prescriptions in respondent's doctor's bag. Four

· 20 of the prescriptions were pre-signed by Dr. G.S. 1, Respondent's former supervisor and practice

21 monitor at the Sacramento Family Medical Center. These four prescriptions bore the pre-printed

22 clime name on them and were numbered 00399, 00400, 00813 and 00814. Respondent was not

23 currently employed by the Sacramento Family Medical Center at the time of the probation search

· 24 and had last been employed by the Center as of March 31, 2016.

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28 1 The doctor's identity will be disclosed in discovery.

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ACCUSATION AND PETITION TO REVOKE PROBATION NO. 800-2018-040079

1 16. Dr. G.S. admitted to investigators that he hired Respondent, in August 2015, to work

2 at the two Sacramento Family Medical Clinics (which were located on Watt Avenue and on

3 Maryville Blvd.) in order to treat children with behavioral and attention deficit disorders. Dr.

4 G.S. had previously worked with Respondent many years prior. Dr. G.S. had stopped writing

5 prescriptions and treating patients ap~roximately ten years before re-hiring Respondent.

6 However, from August 2015 through March 31, 2016, Dr. G.S., pre-signed approximately five to

7 ten blank·prescriptions a day, four days a week, for Respondent. This practice of pre-signing

8 prescriptions allowed Respondent to treat her patients with attention deficit disorders (ADD) by

9 having Respondent choose a.IJ.d prescribe the appropriate Schedule II controlled substances. Dr.

10 G.S. stated that on a daily basis he would review Respondent's chart notes for her ADD patients,

11 but did not actually view the prescriptions that Respondent filled out, as the prescriptions left the

12 clinics with the patients. Dr. G.S. was aware of Respondent's prescribing restrictions. Dr. G.S.

13 admitted that on or about April 27, 2016 Respondent had no reason to be in possession of his pre-

14 . signed prescriptions once she was no longer his employee.

15 17. Physician Assistant V.B. also worked with Respondent at the Sacramento Family

16 Medical Clinics from September 2015 through March 31, 2016. Respondent asked her to pre-

17 sign prescriptions for her to allow her to treat her ADD patients. By February 2016, Physician

18 Assistant V.B. felt too uncomfortable with Respondent's request to pre-sign prescriptions and

19 refused to continue that practice. Physician Assistant V.B. was unaware of Respondent's

20 prescribing restrictions·.

21 18. Respondent admitted at her physician interview of August 29, 2017 that she

22 prescribed several Schedule II controlled substance medications to her patients who suffered from

23 ADD, including the drugs Adderall, Cymbalta and Ritalin, which are Schedule II controlled

24 substances. Respondent admitted to filling out prescriptions for Schedule II controlled substances

25 for her patients, despite the prohibition in her probation from ordering, prescribing, dispensing or

26 furnishing Schedule II controlled substances. She was able to carry out this prescribing activity

27 by using blank prescriptions that Dr. G.S. had pre-signed.

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ACCUSATION AND PETITION TO REVOKE PROBATION NO. 800-2018-040079

1 19. Respondent treated Patient A2, a fourteen-year old female suffering frqm ADD, from

2 approximately October 2015 through March 2016. Respondent prescribed Concerta 27 mg. #30,

3 to Patient A using a blank prescription pre-signed by Dr. G.S. On October 10, November 12, and

4 December 10, 2015, using blank prescriptions pre-signed by Physician Assistant V.B.,

5 Respondent prescribed Adderall XR 20 mg. #30 to Patient A. Respondent prescribed Adderall

6 XR 20 mg. #30 to Patient A on January 14, 20'16, February 18, 2016 and March 29, 2016, using

7 blank prescriptions pre-signed by Dr. G.S. Respondent's action of prescribing Schedule II

8 controlled substances to Patient A, when she lacked the legal authority to do so, constitutes

9 unprofessional conduct and various violations of the Health and Safety Code.

IO 20. Respondent treated Patient B, a nine-year-old female suffering from ADD, from

11 approximately February through March of2016. Respondent prescribed Patient B Adderall 5

12 mg., #30 on February 11, 2016 and March 14, 2016, using blank prescriptions pre-signed by Dr.

13 G.S. Respondent's action of prescribing .Schedule II controlled substances to Patient B when she

14 lacked the legal authority to do so constitutes unprofessional conduct and various violations of the

15 Health and Safety Code.

16 FIRST CAUSE TO REVOKE PROBATION

_17 21. At all times after the effective date of Respondent's Probation, Condition No. 1 of the

18 Board's Decision stated:

19 Respondent shall not order, prescribe, dispense, administer, furnish, or possess any

20 controlled substance in Schedules I through ill as defined by the California Uniform Controlled

21 Substance Act.

22 22. At all times after the effective date of Respondent's Probation, Condition No. 16 of

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the Board's Decision stated:

Respondent shall obey all federal, state and local laws, all rules governing the practice of

medicine in California.

Ill

2 This alphabetical patient identifier is used to protect patient confidentiality and the patient's n-ame will be disclosed in discovery.

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ACCUSATION AND PETITION TO REVO~ PROBATION NO. 800-2018-040079

1 23. Complainant re-alleges paragraphs 15-20 above and incorporates them by reference

2 herein as if fully set forth.

3 24. Respondent's action of prescribing Schedule II controlled substances to two patients

4 (Patient A and Patient B) when she lacked the legal authority to do so constitutes violations of

5 probation, in that Respondent violated the law and Respondent ordered, prescribed or furnished

6 Schedule II controlled substances for two patients when she was barred from doing so as a

7 condition of probation. Additionally, Respondent was in violation of her probation merely by

8 being in possession of pre-signed prescriptions from a former employer, which enabled her to

9 order, prescribe, dispense, administer, furnish, or possess any Schedule II or III controlled

1 O substance.

11 · DISCIPLINARY CONSIDERATIONS

12 25 .. To determine the degree of discipline, if any, to be imposed cin Respondent Yessennia

13 Candelaria, M.D., Complainant alleges that on or about April 24, 2015, in a prior disciplinary

14 action entitled, "In the Matter of the First Amended Accusation Against Y essennia Candelaria,

15 M.D." before the Medical Board of California, in Case No. 02-2012-223984, Respondent's

16 license was revoked. However; the revocation was stayed and Respondent's Physician's and

17 Surgeon's Certificate was placed on probation for a period of seven years with certain terms and

18 conditions. That decision is now final and is incorporated by reference as if fully set forth herein.

19 PRAYER

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

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

22 1. Revoking the probation that was granted by the Medical Board of California in Case

23 No. 02-2012-223984 and imposing the disciplinary order that was stayed thereby revoking

24 Physician and Surgeon's Certificate No. C 52575 issued to Yessennia Candelaria, M.D.;

25 2. Revoking, suspending or denying approval of Yessennia Candelaria, M.D.'s authority

26 to supervise physician assistants and advanced practice nurses;

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ACCUSATION AND PETITION TO REVOKE PROBATION NO. 800-2018-040079

1 3. Ordering Yessennia Candelaria, M.D., if placed on probation, to pay the Board the

2 costs of probation monitoring; and

3. 4. Taking such other and further action

4 DATED: March 13, 2018

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

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A CCU SA TION AND PETITION TO REVOKE PROBATION NO. 800-2018-040079