MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER … Tarek 2016-12-14.pdf · Tarek Alasil, M.D. )...

BEFORE THE MEDICAL BOARD OF CALIFORNIA

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation ) Against: )

) )

Tarek Alasil, M.D. ) )

Physician's and Surgeon's ) Certificate No. A 108797 )

) Respondent )

Case No. 800-2015-018010

DECISION

The attached Stipulated Settlement and Disciplinary Order for Public Reprimand 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 January 13, 2017.

IT IS SO ORDERED December 14,2016.

MEDICAL BOARD OF CALIFORNIA

By: ____ ~~---=~~---Jamie right, J.D., Chair Panel A

1 KAMALA D. HARRIS Attorney General of California

2 JANE ZACK SIMON Supervising Deputy Attorney General

3 JOSHUAM. TEMPLET Deputy Attorney General

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

5 San Francisco, CA 94102-7004 Telephone: (415) 703-5529

6 Facsimile: (415) 703-5480 Attorneys for Complainant

7

8 BEFORE THE

9

10

11

12

13

14

15

16

17

18

MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS

STATE OF CALIFORNIA

In the Matter of the Accusation Against:

TAREK ALASIL, M.D.

254 Old Lambert Road Orange, CT 06477

Physician's and Surgeon's Certificate No. A108797

Respondent.

Case No. 800-2015-018010

OAH No. 2016060659

STIPULATED SETTLEMENT AND DISCIPLINARY ORDER FOR PUBLIC REPRIMAND

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

20 entitled proceedings that the following matters are true:

21 PARTIES

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

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

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

25 Templet, Deputy Attorney General.

26 2. Respondent Tarek Alasil, M.D. (Respondent) is representing himself in this

27 proceeding and has chosen not to exercise his right to be represented by counsel.

28

1

STIPULATED SETTLEMENT (800-2015-018010)

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

3. On July 3, 2009, the Board issued Physician's and Surgeon's Certificate No. A108797

to Respondent. The certificate was in full force and effect at all times relevant to the charges

brought in Accusation No. 800-2015-018010, and will expire on April30, 2017, unless renewed.

JURISDICTION

4. Accusation No. 800-2015-018010 was filed before the Board and is currently pending

against Respondent. The Accusation and all other statutorily required documents were properly

served on Respondent on May 12, 2016. Respondent timely filed his Notice of Defense

contesting the Accusation.

5. A copy of Accusation No. 800-2015-018010 is attached as Exhibit A and

incorporated herein by reference.

ADVISEMENT AND WAIVERS

6. Respondent has carefully read, and understands the charges and allegations in

Accusation No. 800-2015-018010. Respondent has also carefully read, and understands the

effects of this Stipulated Settlement and Disciplinary Order for Public Reprimand.

7. 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

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

Administrative Procedure Act and other applicable laws.

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

23 every right set forth above.

24 CULPABILITY

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

26 No. 800-2015-018010, if proven at a hearing, constitute cause for imposing discipline upon his

27 Physician's and Surgeon's Certificate.

28

2


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

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

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

4 those charges.

5 11. Respondent agrees that his Physician's and Surgeon's Certificate is subject to

6 discipline and he agrees to be bound by the Board's imposition of discipline as set forth in the

7 Disciplinary Order for Public Reprimand below.

8 CONTINGENCY

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

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

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

12 settlement, without notice to or participation by Respondent. By signing the stipulation,

13 Respondent understands and agrees that he may not withdraw his agreement or seek to rescind the

14 stipulation prior to the time the Board considers and acts upon it. If the Board fails to adopt this

15 stipulation as its Decision and Order for Public Reprimand, the Stipulated Settlement and

16 Disciplinary Order for Public Reprimand shall be of no force or effect, except for this paragraph,

17 it shall be inadmissible in any legal action between the parties, and the Board shall not be

18 disqualified from further action by having considered this matter.

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

20 copies of this Stipulated Settlement and Disciplinary Order for Public Reprimand, including PDF

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

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

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

24 Disciplinary Order for Public Reprimand:

25 DISCIPLINARY ORDER

26 A. Public Reprimand

27 IT IS HEREBY ORDERED that Respondent Tarek Alasil, M.D., as holder of Physician's

28 and Surgeon's Certificate No. Al08797, shall be and hereby is publicly reprimanded pursuant to

3


1 Business and Professions Code section 2227. This Public Reprimand is issued as a result of the

2 following conduct by Respondent as set forth in Accusation No. 800-2015-018010:

3 Respondent was disciplined in Massachusetts when he failed to report to his hospital and respond to calls to treat a patient while on call on April 23, 2012.

4

5 B. Professionalism Program (Ethics Course). Within 60 calendar days of the

6 effective date of this Decision, Respondent shall enroll in a professionalism program that meets

7 the requirements of title 16, California Code of Regulations, section 1358. Respondent shall

8 participate in and successfully complete that program. Respondent shall provide any information

9 and documents that the program may deem pertinent. Respondent shall successfully complete the

10 classroom component of the program not later than six (6) months after Respondent's initial

11 enrollment, and the longitudinal component of the program not later than the time specified by

12 the program, but no later than one (1) year after attending the classroom component. The

13 professionalism program shall be at Respondent's expense and shall be in addition to the

14 Continuing Medical Education (CME) requirements for renewal of licensure.

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

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

17 or its designee, be accepted towards the fulfillment of this condition if the program would have

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

19 this Decision.

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

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

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

23 Failure to enroll, participate in, or successfully complete the professionalism program

24 within the designated time period shall constitute unprofessional conduct and grounds for further

25 disciplinary action.

26 ACCEPTANCE

27 I have carefully read the Stipulated Settlement and Disciplinary Order for Public

28 Reprimand. I understand the stipulation and the effect it will have on my Physician's and

4


Surgeon's Certificate. I enter into this Stipulated Settlement and Disciplinary Order voluntarily,

2 knowingly, and intelligently, and agree to be bound by the Decision and Order of the Medical

3 Board ofCalifornia.

4

5

6

7

DATED: 11/14/2016 TAREK ALASIL, M.D. Respondent

8 ENDORSEMENT

9 The foregoing Stipulated Settlement and Disciplinary Order for Public Reprimand is hereby

I 0 respectfully submitted for consideration by the Medical Board of California.

11

12

13

14

15

16

17

18

19

Dated: If (1)-(~o/ ~

20 SF20I6200545

21

22

23

24

25

26

27

28

4 I 634 I 28.docx

5

Respectfully submitted,

KAMALA D. HARRIS Attorney General of California JANE ZACK SIMON

Su]g De uty Attorney G<:Jlcral

JOSHUA M. TEMPLET Deputy Attorney General Attorneys for Complainant

STIPULATED SETTLEMENT (800-20 15-01801 0)

Exhibit A

Accusation No. 800-2015-018010

2

3

4

5

6

7

KAMALA D. HARRIS Attorney General of California JANE ZACK SIMON Supervising Deputy Attorney General JOSHUA M. TEMPLET

Deputy Attorney General State Bar No. 267098

455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: ( 415) 703-5529 Facsimile: ( 415) 703-5480 E-mail: Joshua.Templet@doj .ca.gov

Attorneysfor Complainant

FILED STATE OF CALIFORNIA

MEDICAL BOARD· OF CALIFORNIA SACRAMENTO YY'o c-1 I >-- 20 l..Jt_ BY'"]) 'JS 1 cJ,Jj vz#-:2 ANALYST

BEFORE THE 8

9

10

MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS

STATE OF CALIFORNIA

11 In the Matter of the Accusation Against:

12 Tarek Alasil, M.D. 254 Old Lambert Road

13 Orange, CT 064 77

14 Physician's and Surgeon's Certificate No. Al08797,

Case No. 800-2015-018010

ACCUSATION

15

16 Respondent.

17

18 Complainant alleges:

19 PARTIES

20 1. Kimberly Kirchmeyer (Complainant) brings this Accusation solely in her official

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

22 Affairs (Board).

23 2. On July 3, 2009, the Board issued Physician's and Surgeon's Certificate Number

24 AI 08797 to Tarek Alasil, M.D. (Respondent). The certificate was in full force and effect at all

25 times relevant to the charges brought herein and will expire on April 30, 2017, unless renewed.

26 Ill

27 Ill

28 Ill

(TAREK ALASIL, M.D.) ACCUSATION NO. 800-2015-018010

JURISDICTION

2 3. This Accusation is brought before the Board under the authority of the following

3 laws. All section references are to the Business and Professions Code unless otherwise indicated.

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

5 of the disciplinary and criminal provisions of the Medical Practice Act.

6 5. Section 2227 provides that a licensee who is found guilty under the Medical Practice

7 Act may have his or her license revoked, suspended for a period not to exceed one year, placed on

8 probation and required to pay the costs of probation monitoring, or such other action taken in

9 relation to discipline as the Board deems proper.

10

11

12

13

14

15

16

6. Section 2234 states:

The board shall take action against any licensee who is charged with unprofessional conduct. In addition to other provisions of this article, unprofessional conduct includes, but is not limited to, the following:

(a) Violating or attempting to violate, directly or indirectly, assisting in or abetting the violation of, or conspiring to violate any provision of this chapter.

7. Section 141 states:

17 (a) For any licensee holding a license issued by a board under the jurisdiction of the department, a disciplinary action taken by another state, by any agency of the federal

18 government, or by another country for any act substantially related to the practice regulated by the California license, may be a ground for disciplinary action by the

19 respective state licensing board. A certified copy ofthc record ofthe disciplinary action taken against the licensee by another state, an agency of the federal

20 government, or another country shall be conclusive evidence of the events related therein.

21 (b) Nothing in this section shall preclude a board from applying a specific statutory

22 provision in the licensing act administered by that board that provides for discipline based upon a disciplinary action taken against the licensee by another state, an agency

23 of the federal government, or another country.

24 8. Section 2305 states:

25 The revocation, suspension, or other discipline, restriction or limitation imposed by another state upon a license or certificate to practice medicine issued by that state, or

26 the revocation, suspension, or restriction of the authority to practice medicine by any agency of the federal government, that would have been grounds for discipline in

27 California of a licensee under this chapter shall constitute grounds for disciplinary action for unprofessional conduct against the licensee in this state.

28

2


CAUSE FOR DISCIPLINE

2 (Discipline, Restriction or Limitation Imposed by another State)

3 9. On October 22, 2015, the Massachusetts Board of Registration in Medicine

4 ("Massachusetts Board") issued a Consent Order disciplining Respondent. The Consent Order is

5 attached as Exhibit A and incorporated herein.

6 10. The Consent Order included various findings of Facts admitted by Respondent

7 including, inter alia:

8

9 In 2012, [Respondent] was a hospitalist on staff at Charlton Memorial Hospital (CMH).

10

11

12

13

On the evening of April 22, 20 12, Patient A was seen in the Emergency Room (ER) at CMII.

The Respondent was on-call ....

14 The ER staff contacted the Respondent in order to admit Patient A.

15 Patient A had signs of early sepsis.

16

17 In the early morning of April 23, 2012, the Respondent was:

18 a. Contacted by staff when Patient A was transferred to the telemetry unit.

19 b. Contacted by a physician who told him that a sepsis protocol had been instituted, and who requested that he report to the hospital to perform the History & Physical.

20 The Respondent told the physician that he would do so.

21 c. Contacted by an Intensive Care Unit (ICU) nurse, around 4-4:30 am., who requested that he report to the hospital. He told the nurse that he or another

22 physician in his call group .... would come to the hospital.

23

24 Despite the three requests to report to the hospital, the Respondent did not do so.

25 As a result of his failure to report when on-call, he was disciplined by the hospital.

26

27

28

Specifically, the Respondent was:

a. suspended for 30 days;

b. required to complete three hours of CME credits in ethics;

3


2

3

4

5

c. required to complete three hours of CME credits in the recognition and management of sepsis;

d. counseled by the Chair regarding expectations for physician-to-physician communication; and

e. monitored for one month followed by a three month retrospective review regarding his responsiveness to patient care (nursing pages and attending at the bedside).

6 11. The Consent Order also included the following Conclusions of Law:

7

8

9

10

A. The Respondent has engaged in conduct that undermines the public confidence in the integrity of the medical profession ....

B. The Respondent has violated [Massachusetts] law by committing misconduct in the practice of medicine.

11 12. Based on the Findings of Fact and Conclusions of Law, the Consent Order imposed

12 discipline on Respondent by reprimanding him and imposed the following restrictions on his

13 ability to practice medicine in Massachusetts: (i) payment of a $5,000 fine; (ii) required

14 completion of 10 additional hours in continuing professional development in ethics.

15 13. Respondent's conduct and the action of the Massachusetts Board as set forth above

16 constitute unprofessional conduct within the meaning of section 2305 and conduct subject to

17 discipline within the meaning of section 141 (a).

18 PRAYER

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

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

21 l. Revoking or suspending Physician's and Surgeon's Certificate Number Al 08797,

22 issued to Tarek Alasil, M.D.;

23 2: Revoking, suspending or denying approval ofTarek Alasil, M.D.'s authority to

24 supervise physician assistants, pursuant to section 3527 of the Code;

25 3. Ordering Tarek Alasil, M.D., if placed on probation, to pay the Board the costs of

26 probation monitoring; and

27 Ill

28 Ill

4


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

2

3 DATED: -~M~a~y--=-1-"'-2 L' ----"2'"""0""1~6 ___ _

4

5

6

7 SF20l6200545

8 41508604.doc

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

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

5


EXHIBIT A

COi'vFviONWEALTH OF lvlASSACHUSl::TlS

ivriddk:~C.\. SS.

)

In the iv1attcr or ) )

T t\ R [ K .:\l.i\ S I L, \1 D ) ____ . ___________ )

8o<m.l oi' Registration in tv1cdicinc i\d 1 ud ic:ltnry Case l\: 11. 201 5-0Jtl

STATEiVIEi'\T OF ALLEGATIONS

Th~: Buard oi'IZ,:gistrat;on in r-.kdicinc (flD,lrd) has determined that good :.::tusc e;-.;ist:; to

believe the i'ollowing nets occurred and constitute a violation for which a licensee may be

saJICt ioncd by the l.loarcl. The llo<lrd therefore <1llcgcs that Tarck 1\ lnsi I, i'vl. D. (f{cspondcnt) has

practiced medicine.: in violation or law, regulations, or good nnd accerted medical practic~; as set

l'orth herci11. Tile invcstig<llive dz1cl\ct numhcr a~sociatcd \l'i:h this ordt.:r to sho\\' cau:sc is Docket

Nn. t J-260

11iographicCJI lni'orm<llion

1. The 1\cspondcnt was born on Arril I, 198 I. He is <t 2004 graduate of L'niversity

ol';\lcppo Faculty ol'\kdicinc:. In 2010. he bcC<llnc licensed to pmcticc medicine in

\11ass;Jcil\tSClts u;~clcr ccnillcdtc number 2421 Oil. He is ccni!i~:cl by th1.· i\mcrican Board or

Internal Mcdicinc.·. In April 20 l ~'he became liccns,·d to practice medicine in Connecticut In

JU11l' 2014, the P.cspundcnt rclocatcJ t11 Conn.:cti•:ulto begin ;1 n.:sidcncy in ophthDimology

2. !n 20 i 2, the Respondent was 8 hospitnlist a\ Ch<lrlton Memorinl 1-lospite~l (CIVII-I).

J. On the evening or ,..'\pri\22, 2012, Paticn~ 1\ W<lS seen in the Emergency Room

( E R ) ul C rv1 H

Si~llCiilt:tll 01' l\llcg,1!iL'IlS -- lan:~ i\IJsil. \1 Ll. l ol'-1

4. The Rcspondc:nt wus OJH.:a\1 li·om o p.m., April22 to 7 <1.111 April23, 2012.

5 The f~espondcnt lived in Braintree. appru:-:imatcly l'uny miles l'ru,n C/1.·11·1.

() l'h..: r:l\ stall cont:Ktcd the Respondent inurdcr to i1clmit f\1tient A

7 Pa1icnt /\had signs ot' early sepsis.

X. lrl tilt: \.:~trly llllJrlling or :\pril 23.2012, <I code \','(IS C<likc\ for 1\:tticnt A.

<) l11thc c<~dy 111omin~ of April 23.2012, the Rcspomlent was.

a. Cont<Ktcd by stall when l'aticnt Awns transrcrrcd to the telemetry unit;

b Cont~lctcd by <1 physician \\'ho told him th;ll n sepsis protocol hilcl h.;cn

irhl:tutcd. ;md who rcqucskd that he report to the hmpilillto perform the History &

Physical The Respondent told the physician tlwt he \\'Ould do so.

c. Conl<1ctcd hy un lntcmivc Cm: llntt (!CU) nur~e. <Jround 4-4:30 <un ..

who requested thm he report to the hospital. He told the nurse that he or another

physician in his call group (Other Physician) would come to the hospital.

I 0 t\t ilpproxil!l~ltL'iy 5:30 ~I. ill .. illlsp,t;tl stafl calkd the Other Physician.

I I. !'he C>thcr l'hysician rcspnndcc.J to the hospit;lluround (Jam.

12. Despite the three requests to report to the hnspit<~l. the Responder.! diu not do so.

13 As a ITsultLll' his i'<~ilul\.' to rl~port \\hen on-c;lll. he was di.-;ciplincd by the

hospitul. Spccificall~', the RcspLllldcm w:ts:

~~ suspended l'c1r 30 days;

b required to complete tlm~c hours ofC!v1[ credits in ethics:

c I'C'-jllircd to COillpkte three hours or C\~ [credits in the recognition und

11lllll:lgcmcnt nl' sepsis:

St.l\ClllCII\ \li' Alk:,;ati(Jih .. Tarck r\ l:lsil, \1 D 2 or~

J counseled by the Chnir rcg.<1rding cxpt:ct:ttions lin physici<'.n- to-physician

c. monitored ror one Jllonth f"ollo\\ed by a three month retrospective review

tT1prd1ng his responsiveness to patient care (nursi11g pages <lnd il!lending at the hcdsidc).

Lcual Brtsts lor l'roposed Relic!'

1\ Pursu,llll to Levy v. Goard or Registration in Medici nc, 3 78 Mass 519 ( 1979 ):

Ravmond v. 13ozmi oi' Rc~istr·<~tJon in Medicine, 387 i\'1ass 708 ( i 9X2), the Board rnay clisciplllle

(I [lhysi\'iil:i II [lOll proo( S:il isi'actory to <l m:Jjority OJ' the nourd, tl\;l{ S<liJ [lhysiCil111 engaged in

conduct til:\\ undermines the public conlidcncc in the inte!,'.rity ol'thr.: mr.:dical prol'essiun.

13. Pursuant to 2--l3 Cl'vlR 1.03(5)(n) 18. the Uo:ml may discipline a physician upon

proor satJsJ'actory to a majority or the BoCJrd, that s<1id physician committed misconduct in the }

practice ol'm.:dicinc

The J)oarc.l hds jurisdiction over this rmttcr pursu<mt to G.L. c. I 12. ~~ 5, 6! and 62. This

adjuclic<\\ory procccclin~; will be conducted in accordance with the provisions oi'CJ.l .. c. 30/\ nnd

HO 1 Crv1 R 10 l.

The noard IS authori;.:cd and l:mpnwcrcd to order appropri<ttc disciplin~ll')' action, which

11lDY in.:ludt: 1'('\'0C<Ilion or susp.::nsiO!l or tht: Rcspuncknt's liccnsr.: to pra<..:ticc mcc.licim:. The

Board mav dlsu ur'kr, in dddition to or instc~d of revocation or suspension, one or more or thr.:

fol/owmg: <ldm\mtshmcnt. censure. rcpn1nJnd, tine, the pcr!'onnancc of uncompensated public

service, u course ot· cduc<~tillJl or training or othL·r restrictions upon the Respondent's pr::tcticc or

mcJici:1c.

Whcrei"orc. it 1s hereby OHDEIU:D th;n the Respondent show came why the EloarJ

should not clisclplillt the R~::;pnndcnl i'or tile ccnd~tct described hcrci11.

Date; Oct:ober 22,2015

By the l.:ioard of Registr;nion in Medicine,

. ···--- ........... : . ... .

>('~ --<-£L-LL~'"''- 1

~lee~ Su~~~;-~ Board Vice Chair

SENT CERTIFIED Mf'1.11_ 1o[a.sl'~'&

tv! idd lcse.x. S S

In the 'v1attGr ol'

COivHv!Ot'-JWEt\LT!I OF MASSACH USETI"S

CO<"SI·:i''d OKDEH

Board of Registration in l\1cdicmc Adjudicatory Cnsc No. '?01 5-fJJO

l'ur!ill<IIHI<J c; L. c 30:\, ~ 10. T"rck .ALtsil. \1 D (Respondent) and the 1-h;ard of'

Registration 1n MGdll.:inc (Board} (hcre:inal'tcr rc!Crrcd to JOintly ns th•.: "Pnrt1cs") agree th:tt tltc

13oard may issue thi~ Consent Order to rc-;olvc the above-captioned adJUdicatory procc·cd;ng.

Titc Partie·:- l'urthcr agree thnt this Consent Order will have all the force and cllcct or a Final

Dcc1sion 1\'ilhtn the mcanmg or SO I CM R 1.0 I (II )(d). The Rc:;pondl.'nl admits to the llnclntgs of

htC[ src~·i!"ICU below and agr-ees that the Board 111~1!' make the conclusions or law <illd impose the

sunction SCI lorth bei()IV ill rcsolutiOII or investigative Dm:ket No.I3-2(J0.

Findinus oC Fact

·rh-.· Re,pundcnt '''"~horn 011 t\pril I, I'J81. He IS a 20():) graduate of Univcrstly

ul.;\ic'ppn F~tl·ultyol i\kdtcinc 111 :!010, he became licc·nscd to practice medicine in

lnt~.:nwl Mci.JiCIIlC In Apnl 2013. he bc~,.·anlL' lt<.:<.:nscd to f:>r<H.:tl~,.·e tn<.:diunc in ConnccltCLtl. In

lunc 2014. the Rc~pDndcnt rc.:locall:d to Conn~.:cttcut to begin a rc~idcncy 111 ophthalmology.

2 In 20! :2, he w<J\ ;1 hnsptt::lltsl on staff ul Charlton 1vlcrnori~! Hospital (CMH;.

J Onth<: nc111ng oi'Apn122, 2012, Patient:\ was seen in the Emergency Room

( 1~1{) Hi C1\111.

Page I of 5

(J.

7.

R.

(' l.

The R.c~pondcnt was un-c!ll !'rom~ p.1n. Arml 22 to 7 ;un. r\prd 23, 2UI2

The f{c,;pondcnt lived 111 Brn1ntrec, approxinwtcly l'orty miles lrom Cf\Hi

The ER stall contacted the Rcsrondcnt in order to admit Patient:\.

l)aticnl ;\ h:Jd '>igns or early sepsis.

In the carl y morning or Apri I 23. 2012, a cock w;.ts called !'or Pat II.' Ill A.

In I he early morning or April 23,2012. the l~cspundcnt II'US

a. Co111:Jdcd by stall when l';l!icnt A IV<IS ll'<tllslcrn.:J to the tekmctry unit,

b. C:ontilCtcd by a physici:111 who told him that a scpsis protocol had been

tn,;titutcd. :llld who requested that he rcpon to the hospital10 perform the Hiswry &

f'hvsicill The ltespondl'l1t !old the physici:lnth:Jt he would do so.

c Colll:u.:tcd by :111 lntcnsJvc Care Unit ( ICL!) nurse, iHIJUIJd 4-4:30 a.m ..

11hu n:qu~.·,led th<.ll he report to the ln)spital lie tolcithc nurse th:11 he or liiiOthcr

phys1ci"n i11 his t.:all group (Othc~r Physic1an) \•.;ould r:omc to tht.: hosrit:.~l

I 0 At ;trproximatc!y 5:30a.m., hospital stair called the Othu Physician.

I I. The Other Phy~ician responded to the hosritrtl around 6 a.m.

12. Ucspitc tbc three requests tu n:port to the hosrital. the Respondent did not do so.

!.). ,\s u Jc-;ulto!'hJ~; l~lilur('tu report \\h~Cn UIH.:all. he w<~s disc1pl1neJ by the

llu~pit<tl. Spculicnlly. tile 1\c:spomknt was:

a. suspended for JO days;

h. required to complete three hours orCME credits in ethics;

c. rcquircrl Ill CO!llplctc three hours or Ci'v!E credits in the rcCO!:!Ilillllll and

CollS('lll Ordl.'r- T;nck 1\ICJsii. M.D.

d. coumclcd by th~.: Chair n:g:arding ~.:xrectations lor physician- to-rhysic1an

C'C>IIlrlltllliCdliUil. <IIHJ

~.:. tlhlllllO!Td lor one month J{dilliiCd by ;1 tiHcL' month retru~r~·ct:1·c review

rcgC~rdin~ his r.:sron~ivcnc:>s to pati,;nt care (nursing p;q;cs 1111cl <1\lcnding at the bedside).

14. The Respo1~dcnt comrlctcd the rl·quircments in Paragr;1ph 13, and C!VIIi

ltlnStcllcd his full acti1·c stniTprivilcgcs

15 ;\Iter lm rctum Ill the actll'l: st;d'f Jt CIVII-I. an odminisrrativc superior described

ills rl~lfonn;mcc n.s that of a "model physici3tL'.

Cun~.:lu~ions or L,.aw

A. The Rc~pondent has engaged in conduct that unckrmincs the public conf1dence in

the inll'grity or thl' mcdit:al prurl·ssion. Sec i,~yy_y. !:ioacd of R£4i2lration in Medicine, J?il

Mass 5! 9 ( 197i.J): f~avmond ,, lloard of R.cl!.istfilllon i_u_Mcdicinc. 387 1\·lass. 70~ ( 1982)

!l Thl' J{espond,·ntliiJS \'IOIJtcd 243 C\tlR 1.01(5) (:1) IS by committing misconduct

Sanction ;md Order

The Respondent is hereby lU::PRIM.A~D[D and required to pay a 1·1nc in the amount or

live rhousand dollar' (SSOOO.OO) ~1ccord1ng tu the follow1ng p:.1ymcnt ~ehedulc S I ,500.00 to be

paid\\ Iii! Ill OTK )"CiH or the date ol' the Consent Order·; s 1.500 00 to be raic! 110 later than l\\'o

yca1·s !'rum the date oi'thc Consent Order: <lnd 52,000.00 to b,, paid no latu til<~n three yco.~rs l'rom

I he d<JIC o!.thc Consent Order. The IZespondL'I\t is 1ll~o required to complete I 0 ndd1t1onal hours

ul.l3o,trd-:lpprmcd continuing prot'cssional dcvclop111cnt in ctlm:s within Sl.\ months oi'thc dJt:e

ol the Con-;cn: OrJcr lhh 3<t11clion is irnroscd lor c,tch 1 iolJtion ul' Ltw !1stcd in the Conclus1on

SCCtlOil 1\!l(J not ~I Ctllllb111dtl011 ol' illl)' or ail olth.;m

Consent Ortkr- Tarck A!Jsil, M.D Pi!gc 3 or 5

E.\ccution of this Consent Order

RECEIVED. JUL 1 7 20!5

Board of f?egistrcU(>n in Medicine

The Respondent shall provide a complete copy of this Consent Ordc; with all exhibits

and attachments within ten (I 0) days by certified mail, return receipt requested, or by hand

delivery to the following designmed entities: any in- or out-of-state hospital, nursing horne,

clinic, ot11cr licensed facility, or municipal, state, or federal bcility at which the Respondent

pr:1r.:ticcs medicine; any in- or out-of-st:w.: health maimcnanec organization with \<;hom the

Respondent h:Js pri\ ileges or any other· kind of associ:nion; any state agency, in- or out-or-state,

with which the Rcsp,1ndcnt has a provider contract; any in- or out-of-state rncdical employer,

whether or not the Rc.:spondcnt practices medicine there; the state licensing boards of all states in

which the Respondent has any kind of license to practice medicine; the Drug Enforcement

Administration Boston Diversion Group; and the Massachusetts Department of Public Health

Drug Control Program. The Respondent shall also providt: this notification to any such

designated entities with which the Respondent becomes associated in the ycar following the date

of imposition of this reprimand. The Respondent is further directt:d to certi(y to the Board

within ten (I 0) days th~t the Respondent has comrlied with this directive.

The 15oard expressly reserves the authority to independently notify, at any time, any of

the entities design:.1ted abo\'c, or :;,ny other affl:ctcd entity, of any <Ktion it has taken.

Tarck ;\lasil, M.D. I ,iccnsec

' '. I /J I

i/ ~,~..-----< I ' ;-'"'---- ----

~1i~h-~;;~· Racette, Esq Attorney for the Licensee

Consent Order- Tarek t\IJsil, M.IJ.

SENT CERTIFIED :\,1i\i tof93!fs~

-----·------Dutc

Date

Page 4 of 5

So ORDU\U) by the Board of Registration in Ml:dicinc this 22ndday of g.£~_gber 20 15.

. .... ~ ~ .~ ;

e ... <~u--~ ~ h.~~, ) • 't..-

KathicPn Sullivan Meyer " rltvJrd Vice Cha.i.r·

Consent Ord,-r- Tarck Alasil, M.D. Page 5 of5

SEI\lT CERTIFIED MAlL 1o/8f:J ,~Ci£t;;>

MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER … Tarek 2016-12-14.pdf · Tarek Alasil, M.D. )...

Documents

Transcript of MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER … Tarek 2016-12-14.pdf · Tarek Alasil, M.D. )...