Rel 8 10 uw 12 13 14 15 16 7 18 19 20 21 2 23 24 26 7 28 Ros Bona Attomey General of California STEVE DIEHL Supervising Deputy Attomey General Sakai J. JACOBS Deputy Attomey General State Bar No. 255899 California Department of Justice 2550 Mariposa Mall, Room 5090 Fresno, CA 93721 Telephone: (559) 705-2312 Facsimile: (559) 445-5106 Attorneys for Complainant BEFORE THE MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS. STATE OF CALIFORNIA In the Matter of the First Amended Accusation | Case No. 800-2018-048670 Against: Antonio Kobayashi Coirin, M.D. 1552 Coffee Rd., Ste. 200 FIRST AMENDED ACCUSATION Modesto, CA 95355-3122 Physician’s and Surgeon’s Certificate No. G 59697, Respondent. PARTIES 1. William Prasifka (Complainant) brings this First Amended Accusation solely in his official capacity as the Executive Director of the Medical Board of California, Department of Consumer Affairs (Board). 2. Onor about March 9, 1987, the Medical Board issued Physician’s and Surgeon’s Certificate Number G 59697 to Antonio Kobayashi Coirin, M.D. (Respondent). ‘The Physician’s and Surgeon’s Certificate was in full force and effect at all times relevant to the charges brought herein and will expire on April 30, 2022, unless renewed. 1 (ANTONIO KOBAYASHI COIRIN, M.D.) FIRST AMENDED ACCUSATION NO. 800-2018-048670Caran awn 10 ul 12 B 14 15 16 7 18 19 20 a 22 23 24 25 26 27 28 JURISDICTION 3. This First Amended Accusation is brought before the Board, under the authority of the following laws. All section references are to the Business and Professions Code unless otherwise indicated. 4. Section 2227 states: (@) A licensee whose matter has been heard by an administrative law judge of the Medical Quality Hearing Panel as designated in Section 11371 of the Government Code, or whose default has been entered, and who is found guilty, or who has entered into a stipulation for disciplinary action with the board, may, in accordance with the provisions of this chapter: (1) Have his or her license revoked upon order of the board. (2) Have his or her right to practice suspended for a period not to exceed one year upon order of the board. (3) Be placed on probation and be required to pay the costs of probation monitoring upon order of the board. (4) Be publicly reprimanded by the board. The public reprimand may include a requirement that the licensee complete relevant educational courses approved by the board. (5) Have any other action taken in relation to discipline as part of an order of probation, as the board or an administrative law judge may deem proper. (b) Any matter heard pursuant to subdivision (a), except for warning letters, medical review or advisory conferences, professional competency examinations, continuing education activities, and cost reimbursement associated therewith that are agreed to with the board and successfully completed by the licensee, or other matters made confidential or privileged by existing law, is deemed public, and shall be made available to the public by the board pursuant to Section 803.1. 5. Section 2234, states, in pertinent part: 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. Section 2239 states: (a) The use or prescribing for or administering to himself or herself, of any controlled substance; or the use of any of the dangerous drugs specified in Section 4022, or of alcoholic beverages, to the extent, or in such a manner as to be dangerous or injurious to the licensee, or to any other person or to the public, or to the extent that 2 (ANTONIO KOBAYASHI COIRIN, M.D.) FIRST AMENDED ACCUSATION NO. 800-2018-048670such use impairs the ability of the licensee to practice medicine safely or more than one misdemeanor or any felony involving the use, consumption, or self-administration of any of the substances referred to in this section, or any combination thereof, constitutes unprofessional conduct. ‘The record of the conviction is conclusive evidence of such unprofessional conduct. (b) A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this section. ‘The Medical Board may order discipline of the licensee in accordance with Section 2227 or the Medical Board may order the denial of the license when the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, complaint, information, or indictment. Section 2236 of the Code states, in pertinent part: (a) The conviction of any offense substantially related to the qualifications, functions, or duties of a physician and surgeon constitutes unprofessional conduct within the meaning of this chapter [Chapter 5, the Medical Practice Act]. The record of conviction shall be conclusive evidence only of the fact that the conviction occurred. (d) A plea or verdict of guilty or a conviction after a plea of nolo contendere is deemed to be a conviction within the meaning of this section and Section 2236.1. The reeond of conviction shall be conclusive evidence of the fact that the conviction occurred. REGULATORY PROVISIONS, 8. California Code of Regulations, title 16, section 1360, stat For the purposes of denial, suspension or revocation of a license, certificate or permit pursuant to Division 1.5 (commencing with Section 475) of the code, a crime or act shall be considered to be substantially related to the qualifications, functions or duties of a person holding a license, certificate or permit under the Medical Practice Act if to a substantial degree it evidences present or potential unfitness of a person holding a license, certificate or permit to perform the functions authorized by the license, certificate or permit in a manner consistent with the public health, safety or welfare, Such crimes or acts shall include but not be limited to the following: Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate any provision of the Medical Practice Act. FACTUAL ALLEGATIONS On or absut September 27, 2018, at approximately 11:55 p.m., a California Highway Patrol sergeant noticed Respondent's vehicle on a local highway, closing on a lead vehicle at a high rate of speed. The sergeant’s radar registered Respondent’s vehicle at approximately 77 3 (ANTONIO KOBAYASHI COIRIN, M.D.) FIRST AMENDED ACCUSATION NO. 800-2018-048670* Scw xan miles per hour. He activated his emergency lights for a traffic stop. Respondent slowed down, stopping his vehicle on the paved shoulder. 10. The sergeant walked to the driver’s side and spoke to Respondent through the open Griver’s side window. He immediately smelled the strong and distinct odor of an alcoholic beverage. He asked Respondent for his driver’s license and identified Respondent as Antonio Kobayashi Coirin, Respondent stated that he was driving from Modesto to Los Banos. The sergeant asked Respondent if he had been drinking alcoholic beverages, and Respondent initially denied it, before admitting to drinking one Ketel and soda. 11. The sergeant asked Respondent to step out of his vehicle. The sergeant then smelled the strong and distinct odor of alcohol coming from Respondents breath and his person. Respondent's eyes were red and watery and his speech was slow and slurred as he talked. Respondent agreed to participate in a number of field sobriety tests to determine if he was able to operate a motor vehicle safely. 12. Respondent performed the following field sobriety tests: nystagmus, Romberg, one- leg stand, hand pat, and finger count. During the nystagmus eye test, Respondent displayed lack of smooth pursuit based on his large, jerking movements. His eyes showed distinct and sustained nystagmus at maximum deviation and onset of nystagmus prior to 45 degrees. During the Romberg balance test, Respondent swayed from left to right and front to rear in a circular manner approximately half of an inch. During the one-leg stand test, Respondent started the test but then immediately put his foot down, He also stopped counting using the instructed thousands series and counted incorrectly the remainder of the test. He continued to put his foot down two more times before the sergeant stopped the test. During the hand pat test, Respondent failed to count as instructed and performed the test very deliberately. He increased his speed as he rolled and chopped with the blade portion of his left hand in the palm of his right hand. Respondent performed the finger count correctly as explained and demonstrated. Respondent provided a breath sample for the preliminary alcohol-screening test that indicated 0.137 percent and 0.135 percent blood alcohol levels. mw 4 (ANTONIO KOBAYASHI COIRIN, M.D.) FIRST AMENDED ACCUSATION NO. 800-2018-048670Car awe 10 u 12 13 14 15 16 17 18 19 20 2 23 24 25 26 27 28 13, Due to Respondent's driving, objective signs of intoxication, and performance on the field sobriety tests, the sergeant formed the opinion that Respondent was driving under the influence of alcohol and any further driving by Respondent would be unsafe, The sergeant arrested Respondent and offered the option between a breath and blood test pursuant to implied consent. Respondent's breath results with the Evidential Portable Alcohol System (EPAS) showed Respondent’s blood alcohol levels at 0.14 percent and 0.14 percent. 14, During his arrest, Respondent requested permission to answer a phone call he received from “Medical Exchange.” Respondent explained to officers that the “Medical Exchange” was from his job as a surgeon and they were trying to reach him because he was the on-call surgeon. The sergeant allowed Respondent to answer the phone to ensure “Medical Exchange” would stop trying to call him and “call the next on-call surgeon.” 15. On or about November 27, 2018, the Merced County District Attomey filed a criminal complaint charging Respondent with two misdemeanor violations of driving under the influence and driving with a blood alcohol over 0.08 percent. (Veh. Code, §§ 23152, subds. (a) &| ).) 16, Onorabout July 8, 2019, in a matter entitled “People of the State of California vs. Antonio Kobayashi Coirin,” Merced County Superior Court case number 18CR-06902, Respondent pleaded no contest to driving with a blood alcohol greater than 0.08 percent (Veh. Code, § 23152, subd. (b)). In exchange for the plea, the district attorney's office dismissed the driving under the influence of alcohol allegation (Veh. Code, § 23152, subd. (a)). ‘That same day, Respondent was sentenced to three years of “Conditional Revocable Release” probation, ending on July 7, 2022. Respondent was also ordered to: complete a three-month driving under the influence (DUD program, abstain from the excessive use of intoxicating beverage, not drive with any measurable amount of alcohol in his blood, submit to chemical testing by any peace or probation officer, anid pay various fines and fees for approximately $2,237.53. 17. On or about August 11,2019, Respondent emailed the Board a Criminal Action Reporting Form disclosing his driving under the influence conviction. mw 5 (ANTONIO KOBAYASHI COIRIN, M.D.) FIRST AMENDED ACCUSATION NO. 800-2018-04867023 24 25 26 27 28 18. On or about September 27, 2020, Respondent participated in a voluntary interview with investigators from the Medical Board’s Complaint Investigation Office. Respondent admitted to driving under the influence on September 27, 2018. Respondent explained that his ex-wife called him after dinner and they got into a contentious argument over the phone. He was very upset and began drinking, hoping that it would help him settle down. He could not fall asleep and thought that a drive would help him “cool off,” and then he was arrested. Respondent acknowledged that he was working that day on a “group call.” Respondent stated that the on-call “Medical Exchange” phone call was from Doctor’s Hospital of Manteca emergency room regarding a patient. Respondent denied ever being under the influence of alcohol while at work and denied consuming alcohol prior to going to work. FIRST CAUSE FOR DISCIPLINE (Conviction of a Crime) 19. Respondent has subjected his Physician’s and Surgeon’s License No. G 59697 to disciplinary action under section 2227, as defined by sections 2234, subdivision (a), and 2236, in that he was convicted of an offense substantially related to the qualifications, functions or duties of'a physician and surgeon, as more particularly alleged in paragraphs 9 through 18, which is hereby incorporated by reference and realleged as if fully set forth herein. SECOND CAUSE FOR DISCIPLINE (Use of Aleohol Dangerous to Licensee or Others) 20. Respondent has subjected his Physician’s and Surgeon’s License No. G 59697 to disciplinary action under section 2227, as defined by sections 2234, subdivision (a), and 2239, in that he used aleoholic beverages, to the extent or in such a manner as to be dangerous or injurious to the licensee, or to any other person or to the public, or to the extent that such use impairs the ability of the licensee to practice medicine safely, as more particularly alleged in paragraphs 9 through 18, which is hereby incorporated by reference and realleged as if fully set forth herein. wt wt wt 6 (ANTONIO KOBAYASHI COIRIN, M.D.) FIRST AMENDED ACCUSATION NO. 800-2018-048670Sear aueon ul 12 13 14 15 16 17 18 19 20 a 22 23 25 26 27 28 PRAYER WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged, and that following the hearing, the Medical Board of California issue a decision: 1. Revoking or suspending Physician’s and Surgeon’s Certificate Number G 59697, issued to Respondent Antonio Kobayashi Coirin, M.D. 2. Revoking, suspending or denying approval of Respondent Antonio Kobayashi Coirin, M.D.’s authority to supervise physician assistants and advanced practice nurses; 3. Ordering Respondent Antonio Kobayashi Coirin, M.D., if placed on probation, to pay the Board the costs of probation monitoring; and 4. Taking such other and further action as deemed necessary and proper. parep: OCT 0.6:2021 WILLIAM PI 1] Executive Directo: Medical Board of California Department of Consumer Affairs State of California Complainant FR2020303785 95363739.docx 7 (ANTONIO KOBAYASHI COIRIN, M.D.) FIRST AMENDED ACCUSATION NO. 800-2018-048670