SACRAME~O ~~ 20_l\.,.

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1 KAMALA D. HARRIS Attorney General of California JANE ZACK SIMON Supervising Deputy Attorney General State Bar No Golden Gate Avenue, Suite San Francisco, CA Telephone: (4) Facsimile: (4) J anezack.simon@doj.ca.gov Attorneys for Complainant BEFORE THE MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA FILED STATE OF CALIFORNIA MEDICAL BOARD OF CALIFORNIA SACRAME~O ~~ 20_l\.,. BY:Q.{ I»- ~ ~~L YST In the Matter of the Accusation Against: RITA LUTHRA, M.D. Women's Health and Education Center 31 Ely Way Longmeadow, MA Physician's and Surgeon's Certificate No. C50073 Respondent. Case No ACCUSATION 18 The Complainant alleges: Kimberly Kirchmeyer (Complainant) is the Executive Director of the Medical 20 Board of California, Department of Consumer Mfairs, and brings this Accusation solely in her 21 official capacity On August, 1997, Physician's and Surgeon's Certificate No. C50073 was 23 issued by the Medical Board of California to Rita Luthra, M.D. (Respondent.) The certificate is 24 renewed and current with an expiration date of July 31, Ill 26 Ill 27 Ill 28 Ill 1

2 JURISDICTION This Accusation is brought before the Medical Board of California (Board) under 3 the authority of the following sections of the California Business and Professions Code (Code) 4 and/or other relevant statutory enactment: 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, or 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 California under the Medical Practice Act, constitutes grounds for discipline for unprofessional conduct. 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 federal 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 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 November 5, 20, the Massachusetts Board of Registration in Medicine issued 27 a Voluntary Agreement Not to Practice Medicine, under which Respondent agreed to 28 immediately cease the practice of medicine in Massachusetts. A copy of the Voluntary 2

3 1 Agreement Not to Practice Medicine issued by the Massachusetts Board of Registration in 2 Medicine is attached as Exhibit A Respondent's conduct and the action of the Massachusetts Board of Registration in 4 Medicine as set forth in paragraph 4, above, constitutes cause for discipline pursuant to sections and/or 141 of the Code. 6 PRAYER 7 WHEREFORE, Complainant requests that a hearing be held on the matters herein 8 alleged, and that following the hearing, the Board issue a decision: 9 1. Revoking or suspending Physician's and Surgeon's Certificate Number C issued to respondent Rita Luthra, M.D.; Revoking, suspending or denying approval of Respondent's authority to supervise 12 physician assistants; Ordering Respondent, if placed on probation, to pay the costs of probation 14 monitoring; and 4. Taking such other and further action as the Board deems necessary and proper. 17 DATED: April 13, Executive irector Medical Board of California Department of Consumer Affairs State of California Complainant

4 CO!'vtrv10NWLALTII OF l'v1/\ssi\c'illjsetts i'vlicldlcsc:-.:. SS. 13oard or Registration in tvkdicinl' Docket No In thl' t\'latter or Rita l.uthra. i\1.[). l~cgistration No VOLUNTARY AGREEiVIENT NOT TO PRACTICE MEDICINE 1. l agree to cease my practice or medicine in the ('tlll111101l\\'ealth or Massachusetts el'i'cctiyc immediate!\'. I This ;\greemcnt will l em~lin in cj'j'ect until the [)oard or Registration in rvkdicine ( l)uard) determines th<i! this ;\greement should be modilicd llr terminated: or until the 13oard ta~es other action against my license to pr<lctice medicine: or until the!3oard takes final action on th'- uhm c-rct'crcnecd matter. ) I Hill cntl'ring this ;\grccnlcnt \ oluntarily l understand that this i\greemcnt is a public document and lll<ly be subject to a prc;;s r<-'k<jsc. 5. I understand that this <lctillll is non-disciplin~try hut \\'ill be reported by the l'loard tll the ctpprupriatc l'cdcr<il (bta h<mks and ll(ltiun<tl I'L'pmtin);!. org<lllilcltiuns. including the Ncttion<li Practitinner D<tlcl 13<1!1K cll1d th<--' 1-\ dcration ui' Statc \k dical llmtrds. () :'\ny 'iolcllion or this.:\greemcnt sh<ill be prinw l~1ci'-' e\ idencc l(lr immedi~1ll' Sllll11llell'\' SUS[Il'!1Sion or 111)' license (l) jll'~lclice medicine. 7. lumkrstaml that by \uluntarily agreeing not to practice medicine in the C 'ommum\calth o!' iv1assachusetts pursuant to this i\greement. I do not wai\'c my right to contl'st :m: Hlkgatiuns bruught against ml' by the l)oard and my signature to this Agreement dol's not constitute any admissions on my part. Nl)thing cont<tined in this i\grccment shall bl' construed lis an admission or acknowledgment by me as to wrongdoing oj' any kind in the practice o!' medicine or otherwise.

5 8. I ag_rl'e to provide a complete copy ol'this Agreement. within twenty-four (24) hours ol'noti!lcation ol'the Buard's acceptance ol'this /\grtemcnl. by certified mail, return receipt requested. or by hand delin~'ry to the follm,ing designated e-ntities: any in-state or out-of-state hospital, nursing home. clinic. other licensed facility. or municipal, stale. or i'cderal facility at which [ rractice medicine: any in-stale or out-of-slate health maintenance organization. with which I h~l\'c privileges or any other kind o!'associution: any state agency. in-or-out-o!'stale, with \\'hich I have a pmvickr contract: any in-stall' or out-oi'-sl<lle medical cmpio)'l'i'. whether or not I practice medicinl' there: the Drug Ln!'orce111cnt i\dministration Boston J)i, crsion Group: i'vlclssachusetts De!Xlrtmcnt o!' Public Ikalth Drug Control Program: and the stall' licensing boards u!'all states in which I ha, e any kine! o!'liccnsc to practice medicine. I will certi!'y to the 13o<lrd \\'itllin seven (7) days that I h~l\'e comrlied with this directi\'e. The [3oard exprl'ssly reserves the authority tu independently noti!y. at any time. any of th~ entities designated abo\ ~ or any other affected entity. o!' any action it has taken. /.<1 ) :r- l). j1 )f;r- ' / Ci ~r:~ Rita J uthru Licenst.'e This /\grct.'ment represents the entire agrc.:ment between the panics at this time. /) 4- ' /5" Date 20. /\cccptcd by the [)u,mlnj' Registr ation in lvkdicinc this 4th day oj' _No~r11ber:. ---.,.-=----=--r--- l~o~trd C'h;~ir tlr lksigrlcl' 20. R<lli!led h\ \Ute ul' thl 13oanl ur 1\q,>.istration in!\lcdicinc this _5th dlly or _N_oy_ember_ 13o,rrd Chair or Duard i'v!cmbc-r l\g_rl'l'il1l'jlt Not to l't acric~ M~dicinc SEi\lT CERTIFIED lvlail 11IG/1s6~