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KAMALA D. HARRIS Attorney General of California JOSE R. GLtERRERO Supervising Deputy Attomcy General JANE ZACK SIMON Deputy Attorney General State Bur No. 116564

455 Golden Gate Avenue. Suite 11000 San Francisco, CA 94102-7004 Telephone: (415) 703-5544 Facsnnilc: (415) 703-5480 E-mail: Janczack.simon@d~j.ca.go\'

AllorneysfiJr Comphrinanl Medical Board ofCal(fim1ia

FILED STATE OF CALIFORNIA

MEDICAL BOARD OF CALIFORNIA

~~~~~{~'!t~A~A~~-9

BEFORE THE

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MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMI<:R AFFAIRS

ST ATE OF CALWORNIA

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In the Matter of the Second Amended Accusation Against:

JOHN J. McGROARTY, M.D. 106 I 4 Riverside Drive North llollywood. CJ\ 91602

16 Ph)"sician's and Surgcnn·s Cenificatc No. G 12938

1 7 Respondent.

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19 The Complainant alleges:

Case No. 16-2012•224717

OAH No. 2013071122

SECO:'<lD AMI<:'.'llll<:D ACCUSATION

20 PARTIES

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1. Kimberly Kirchmcycr (Complainant) brings this Second Amended Accusation solely

in her ollicial capacity as the Executive Director of the Medical Board of California. Department

of ( 'onsumcr Affairs.

2. On Fcbmary 23, 1967, Physician's and Surgeon's Certificate No. 012938 was issued

25 by the Medical Board of California (Board) to John J. McOrc1arty. M.D. (Respondent.) The

26 certificate is renewed and current with an expiration date of January 31. 1016.

27 I I I

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'1--------··-·-·-··- -· -··· ···------ .. ·--·---·-----·-------·-----······· ·-~----·· ··---·--· -·-··-· ... S~con<l A1nendcd Accusntion

JURISDICTION

3. This Second Amended Accusation is brought before the Medical Board of California

3 (Board} under the authority of the following sections of the California Business and Professions

4 Code (C"odc) and/or other relevant statutory enactment:

5 A. Section 222 7 of the C!'de provides that the Board may revoke, suspend for a

6 period not to exceed one year, or place on probation. the license of any licensee who has

7 been found guilty under the Medical Practice Act. and may recover the costs of probation

8 monitoring.

9 B. Section 2305 of the Code provides that the revocation, suspension. or other

IO discipline. restriction or limitation imposed by another state upon a license to practice

11 medicine issued by that state, that would have been grounds for discipline in California

12 under the Medical Practice J\et. constitutes grounds fi.>r discipline for unprofessional

13 conduct.

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C. Section 141 ol"thc Code provides:

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'·(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 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 admit1istercd by the hoard 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:·

22 D. Section 822 provides that if the Board determines that a licenscc·s ability to

23 practice his or her profession safoly is impaired because of mental illness or physical illness

24 affecting compelency, the Board may take action by revoking the licensee's certificate or

25 license. suspending the licensee's right to practice, placing the licensee on proba1ion or

26 taking such other action in relation to the licensee as the Board in its discretion deems

27 proper.

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Socond Amended Accusotion

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FIRST CAUSE FOR DISCIPLINE

2 (Restriction, or Limitation Imposed by Another State)

3 4. On June 19, 2012. the Arizona Medical Board issued an Interim Order for Practice

4 I.imitation and Consent to the Same (Arizona Interim Order.) The Arizona Interim Order

5 contains findings that Respondent has recognized that he has a medical condition that may limit

6 his ability lo safely engage in the practice of medicine, and that the Interim Order was necessary

7 to mitigate imminent danger to the public health and safety. Under the terms of the Arizona

8 Interim Order Respondent was prohibited from practicing medicine in Arizona and from

9 prescribing any fonn of treatment including prescription medications and the writing of Medical

IO Marijuana Certifications until he applies to the Arizona Medical Board and receives permission to

I J do so. A copy of the Interim Order for Practice I.imitation and Consent to the same issued hy the

12 Arizona Medical Board is attached as Exhibit A.

J 3 On June I 0. 2013, the Arizona Medical Board issued an Order for Practice Restriction and

14 Consent to the Same (Arizona Order for Practice Restriction.) The Arizona Order for Practice

J 5 Restriction contains factual findings which include: Respondent issued Medical Marijuana

16 · Certi lications which contained false attestations and which violated the Arizona \.1edical Practice

17 Act: Respondent underwent a neuropsychological evaluation on June 6. 2012 which concluded

18 that he was unsa!C to practice as a physician; a review of some or Respondent's patient charts

[ 9 revealed that hi: deviated from the standard of care in prescribing narcotic pain medication. Under

20 the tcm1s <.>f the Ati:l'.ona Order fc.lr Practice Restriction. Respondent shall not practice medicine

2 J and is prohibited from prescribing any form of treatment. including prescription medications, in

22 Ariwna. Jn addition. Respondent shall not seek to renew his Ari~.ona medical license and shall

23 not reapply for an Arizona medical license for a period of live years from the effective date oCthc

24 Arizona Order for Practice Restriction. A copy orthe Arizona Order for Practice Restriction and

25 Consent to the Same is attached as Exhibit B.

26 5. Respondent's conduct and the actions of the Arizona Medical Board as set forth in

27 paragraph in paragraph 4, above. constitute unprofossional conduct within the meaning of section

28 2305 and conduct subject to discipline within the meaning of section 14 l(a).

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Second Arnended Accusation

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.SEGOND QMJSEFOR DISCIPLINE

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'Soco~ij Aniended A-Ool!sailon

EXHIBIT A

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lOO'd i>8l69l81B Z'V :.z l i l0Z-6T-Hflf"

BEFORE THE ARIZONA MEDICAL BOARD 1 In 'lhe Matter of

Case No. MD-11·1135A 2 JOl'lN J, MCGROARTY, M.D. :;

Holder of License No. 6345 INTERIM ORDER FOR PRACTICE LIMITATION AND CONSENT TO THE SAME 4 For tile Practice of Allopathic Medicine

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In the State of Arizona. (NON-DISCIPLINARY) _______________ ) CONSENT AGREEMEITT

8 John J. McGroarty, M.D. {'Physician') elects to perrnanemly wai"" any right lo a

9 hearing and appeal with ri::s;>ect to this Interim Order for Practice Limitation; admits the

10 jurisdiction of 1he Arizona Medical Board ('Board"); and consents to the entr)' of this

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Interim Order by the B03rd. FINDING$ OF FACT

1. The Board is the duly constituted authority tor the regulation and control of

the practice of allopa!hic medicino in the State of Arizona .. 14

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2. Phy>;ician is the holder of License No. 6345 for the practiGe of allopathic

medicine in the State ot Arizona.

3. Physician has recognized that ti<: has a medical condition that may limit his

ability 10 safely engage in \he practiCE of medicine.

CONC\..USlONS oF ~W

The Board possesses jurisdiction over the subject matter hereof and over

'fhe Executive DireC1or has authority ~ enler into this consent agreement lo

limrt the physidan·s pradice based upon .evidence that he is unable \Q safE>ly engage in 23

the;, practice of medicine pursuant to A.RS. § 32-1405(C)(25) and § 32-145i(f); A.A.C. 24

R4--1~504. Z5

~OO'd l>Bl6S6818

3. The Executive Director has determined \hat a consent agreement is needed to

Z mitigate imminent danger to the public heatth and safety. lnves1igative staff and the .

3 Board's medical consultant have reviewed the case and concur that a consent agreement

4 is appropriate. ·

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6 INTERIM ORDER

7 fT IS HEREBY ORDERED THAT:

8 1. Physician's practia;: is limaed in 1hat h<:> ~hall no! pnlctice medicine in the

9. State of Arizona and is prohibhed from prcSC!'ibing any fotln of treairnent including

10 prescription medications and the writing of Medical Marijuana Certifications until Physician

11 applies to the Board and receives permission to do so. The Board may require any

12 corribina1ion of staff approved assessments. evaluations, treatments, examinations or

13 interviews ii finds necessary lo assist in <ietenniniog whether Physician is able to safely

14 resurr,e such practice.

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Physician may be assessed the costs of tl'\e contractor'{; fees for monitoring.

The Board re!ains jurisdiction and Tn<lY initiate a separate disciplinary action

17 based on the facts and circumstances that form the basis for this Pf<lctice limitation or any

18 violation of this Consent Agraement.

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DATED this /9 '(l-1 <Jay of JlJiJ€ '2012.

ARIZONA,~~O By~6~

Lisa s. Wynn, t::xeZ Director

CONSENT TO ENTRY OF INTERIM ORDER

1. Physici;m has read and understands this !merim Order for Practice Limitation

and Consent to the Sarne and th€ slipulatcd Findings of Fact. Conclusions of Law and

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lrrtetim Order \Interim Orde(). Physician acknowledge$ he has the rtght to consult with

2 .legal counsel regarding 1his m:atter.

3 z. Physician acknowledges and agrees that this Interim Order is entered into

4 freely and voluntarUy and that no promise was made or coercion used to induce such

5 en1ry.

3. By consenting to this Interim Order. Physician volun;ilrily relinquishes any

7 rights to a hearing or judicial reVlt!W in state or federal court on the maners alleged, or to

8 c:Mllenge this lnterim Order in its entirety as issued. and waives any other cause of action

9 related tilereto or arising from said Interim Order.

10 4, The Interim Order is not effective until approved and signed by the Executive

11 Director.

12 5. All admissions made by Physician are solely for final dispOSitiOn of this

13 matter and any subsetiuent re!aled administrative proceedings e>r civil litigation involving

14 .!he Board and Physician. Therefore, said admissions by Physician are not intended or

15 made for any other use, such as in lhe context of another stale or federal government

16 regulatory agency proceeding. ciuil or criminal court proceeding, in the Stale of Arizona or

17 . any olher stote or federal court.

18 6. Upon signing this agreement. and returning 1his document (or a copy

19 thereof) lo the Boarcrs b;ecutive Director, Physician m<ty not revoke !he CQllSent to lhe

20 entry of the Interim Order. Physician may not make any modifications to the dl)tument.

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Any modifications to this original document are ineffective and void unless mutually

approved by the parties.

7. This Interim Order is a public record that will be publicly disser.'linated as a

24 formal noTHIIsc/p/inary action ot the Board.

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EXHIBITB

1 BEFORE THE ARIZONA MEDICAL BOARD

2 In the Matter of

3 JOHN J. MCGROARTY, M.D.

4 Holder of License No. 6345

Case No. MD-11-1135A

ORDER FOR PRACTICE RESTRICTION AND CONSENT TO THE SAME

5 For the Praptice of Allopathlc Medicine In the State of Arizona

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7 John J. McGroarty, M.D. ("Respondenf') elects to permanently waive any right to a

8 hearing and appeal with respect to this Order for Practice Restriction; admits the

9 jurisdiction of the Arizona Medical Board ("Board"); and consents to the entry of this Order

1 O by the Board.

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12 1.

FINDINGS OF FACT

The Board is the duly constituted authority for the regulation and control of

13 the practice of allopathic medicine in the State of Arizona.

14 2. Respondent is the holder of license number 6345 for the practice of

15 allopathlc medicine in the State of Arizona.

16 3. The Board Initiated case number MD-11-1135A after receiving notification

17 that Respondent wrote 496 Medical Marijuana Certifications in which he attested to

18 reviewing the qualifying patient's profile on the Arizona Board of Pharmacy Controlled

19 Substances Prescription Monitoring Program (CSPMP) database prior to ever accessing

20 the database through the Arizona Board of Pharmacy (Pharmacy Board) website.

21 4. Board staff was further informed that Respondent had registered with the

22 database as of August 12, 2011, but had not made any queries of the CSPMP.

23 5. Respondent admitted that he failed to access the database. prior to issuing

24 the Medical Marijuana Certifications. In addition, he conceded that he checked a box on

25 the certification form submitted to the Department of Health Services falsely attesting that

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1 . he had, in fact, reviewed the patient's profile on the CSPMP database. He-explained that

2 he was new to Arizona and misinterpreted what he considered a confusing form.

3 6. Respondent appeared before the Board on April 4, 2012 for a Formal

4 Interview. He told the Board he had made a mistake but would comply with the

5 requirements of Arizona law going forward. The Board voted to return the case for further

6 investigation of possible quality of care issues

7 7. The Board's Medical Consultant interviewed Respondent on May 17, 2012.

8 During the Interview, Respondent admitted to several violations of the Medical Practice

9 Act. Specifically, Respondent admitted to the continued and/or past failure to check the

1 O CSP MP database when certifying patients for medical marijuana use, and failure to obtain

11 previous medical records on patients prior to issuing medical marijuana certifications

12 andlor controlled substances. Additionally, Respondent admitted to failing to maintain

· 13 adequate medical records on at least one patient by prescribing controlled substances

14 without a documented examination.

15 8. The Medical Co_nsultant determined that Respondent should participate in a

16 neuropsychological evaluation in light of some of Respondent's observed behaviors during

17 the interview: therefore, on May 21, 2012, the Board's Executive Director issued an Interim

18 Order for Neuropsychological Evaluation.

19 9. On June 6, 2012, Respondent underwent a neuropsychological evaluation.

20 The evaluator concluded that, in view of all the available information, Respondent is

21 currently unsafe to practice as a physician.

22 10. On June 19, 2012, Respondent entered Into an Interim Order for Practice

23 Limitation.

24 11. A Medical Consultant (MC) subsequently reviewed some of Respondent's

25 patient medical records. The MC observed that Respondent had prescribed medical

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1 marijuana and opiolds inappropriately and that Respondent had failed to detect addiction

2 and/or non-compliance due to his failure to query the CSPMP.

3 12. The Board has substantial evidence which, if accepted by the finder of fact,

4 would support a finding that: .

5 a. Respondent deviated from the standard of care by providing ongoing

6 narcotic treatment for non-malignant pain and without appropriate evaluation.

7 b. Respondent deviated from the standard of care by providing medicai

8 marijuana certificates without appropriate evaluation.

9 c. Respondent deviated from the standard of care by providing a one-time

1 O narcotic prescription without querying the CSPMP which would have alerted him

11 that the patient was receiving narcotics from another provider.

12 d. Respondent's conduct had the potential to cause harm to patients by

13 perpetuating drug abuse due to failure to adequately assess the risk factors in each

14 patient prior to providing medical marijuana certificate and/or narcotic medication.

15 e. Respondenfs conduct had the potential to cause accidental combined

16 drug toxicity (marijuana and narcotic) resulting in overdose and death due to failure

17 to adequately assess the risk factors (including CSPMP review) in each patient prior

18 to providing medical marijuana certification and/or narcotic medication.

19 f. No actual patient harrii was identified.

20 13. For purposes of resolution of this investigation only, Respondent admits to

21 the acts described above and acknowledges that they constitute unprofessional conduct

22 pursuant to A.RS. § 32-1401{27)(e)("[f]alling or refusing to maintain adequate records on

23 a patient."); A.RS. § 32-1401(27)(q) {"(a]ny conduct that is or might be harmful or

24 dangerous to the health of the patient or the public."); and A.R.S. § 32-1401(27)(!)

25 ("(k]nowingly making any false or fraudulent statement, written or oral, in connection with

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1 the practice of medicine or if applying for privileges or renewing an application for

2 privileges at a health care institution.") ~espondent's admission Is made exclusively to

3 address Issues of Arizona law. The full force and effect of his adn:lssion is exclusively

4 limited in scope and jurisdiction to the Stale of Arizona.

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7 Respondent.

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CONCLUSIONS OF LAW

The Board possesses jurisdiction over the subject matter hereof and over

Respondent has engaged in unprofessional conduct in violation of A.R.S. §

9 32-1401(27)(e)("[f)ailing or refusing to maintain adequate records on a patient."); A.R.S. §

10 32-1401(27)(q) ('[a]ny conduct that Is or might be harmful or dangerous to the hea.llh of the

11 patient or the public."); and A.R.S. § 32-1401(27)(t) ("[k]nowlngly making any false or

12 fraudulent statement, written or oral, in connection with the practice of medicine or if

13 applying for privileges or renewing an application for privileges at a health care

14 institution.").

15 ORDER

16 IT l.S HEREBY ORDERED THAT:

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Respondent is issued a Practice Restric::tion.

As of the effective date of this Order, Respondent shall not practice medicine

19 and is prohibited from prescribing any form of treatment, . including prescripiion

20 medications, in Arizona. In addition, Respondent shall not seek to renew his Arizona

21 medical license and shall not reapply for an Arizona medical license for a period of five

22 years from the effective date of this Order.

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3. This Order vacates the Interim Practice Limitation dated June 19, 2012.

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'JI/( DATED AND EFFECTIVE this ltJ . day of Juµe '2013.

ARIZONA MEDICAL BOARD

By~4_<_-~-..,..<:.~---/._ Lisa S. Wynn 7 Executive Directer

CONSENT TO ENTRY OF ORDER

1. Respondent has read and understands this Consent Agreement and the

9 stipulated Findings of Fact, Conclusions of Law and Order ("Order"). Respondent

1 o acknowled.ges he has the right to consult with legal counsel regarding this matter.

11 2. Respondent acknowledges and agrees that this Order is entered into freely

12 and voluntarily and that no promise was made or .coercion used to induce such entry.

13 3. By consenting to this Order, Respondent voluntarily relinquishes any rights to

14 a hearing or judicial review in state or federal court on the matters alleged, or to challenge

15 this Order in its entirety as issued by the Board, and waives any other cause of ·action

16 related thereto or arising from .said Order.

17 4. The Order is not effective until approved by the Board and signed by its

18 Executive Director.

19 5. All admissions made by Respondent are solely for final disposition of this

20 matter and any subsequent related administrative proceedings or civil litigation involving

21 the Board and Respondent. Therefore, said admissions by Respondent are not intended

22 or made for any other use, such as in the context of another state or federal government

23 regulatory agency proceeding, civil or criminal court proceeding, in the State of Arizona or

24 any other state or federal court.

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1 6. Upon signing this agreement, and retumlng this document (or a copy thereot)

2 to the Board's Executive Director, Resf ndent may not revoke 1he consent to the entry af

3 the Order. Respondent m~y not make any mod'dlcallons to. the document Any

4 modlfleallons to this original document are lneffeotlve and void unless mutually approved

5 by the parties.

6 7, This Order Is a public rd that will be publicly dlSGeminated as a formal

7 disciplinary actlon of tile Board and Ill be reported lo the National Practitioner's Data

8 Bank and on the Board's web site as at' lsciplinary action. · ·

9 8. If any part of the Order is later declared void or othelWise unenforceable, the

1 O remainder of the Order in its entirety sh II remain In force and effect.

11 9. . 1(the Board does not abopt this Order, Respondent will not assert as a

12 defense that the Boa~'s consideJtlon of the Order constitutes bias, prejudice,

1 $ prejudgment or other similar defense.

14 1 o. Any violation of this Orde constitutes 1.mprofe$lonal conduct and may result

15 in disciplinary aclion. A.R.S. §§ 32 ~1(27)(r) ("[v]lolatlng a formal order, probation,

16 conse.nt agreement or stlpulatlon i ed or entered into by the board or its executive

17 director under this chapter") and $2-1451.

1B

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21 WED COPY pf the foregoing m iled this "~ day of .j v,, rw , 2013 to:

22 Calvin L Raup, Esq.

23 BUCKLEY KING Central Park Square

24 2020 North Central Ave., Suite 1120 Phoenix, AZ 85004

25 Attorney for Respondent

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1 ORIGINAL of the foregoing filed this _ut::. day of ~'-'-"-t , 2013 with:

2 Arizona Medical Board

3 9545 E. Doubletree Ranch Road

4 Scottsdale, AZ. 85258

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6 ™~rl'.A AliZOila diCBIBoard Staff 7 AF:yfl • #3293624

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BEFORE THE MEDICAL BOARD OF CALIFORNIA

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation ) Against: )

) )

JOHN J. MCGROARTY, M.D. ) )

Physician's and Surgeon's ) Certificate No. G 12938 )

) Respondent )

Case No. 16-2012-224717

OAH No. 2013071122

DECISION

The attached Proposed Decision 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 ,January 9, 2015.

IT IS SO ORDERED December 10, 2014.

MEDICAL BOARD OF CALIFORNIA

By:__J~~'.'.tL--~ef-1~~_,,__,_v Dev Gnanadev, M. PaneIB

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BEFORE THE MEDICAL BOARD OF CALIFORNIA

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against:

JOHN J. MCGROARTY, M.D.,

Physician and Surgeon's Certificate No. G12938,

Respondent.

Case No. 16-2012-224717

OAH No. 2013071122

PROPOSED DECISION

Administrative Law Judge Ruth S. Astle, State of California, Office of Administrative Hearings, heard this matter in Oakland, California, on October 28, 2014.

Esther H. La, Deputy Attorney General, represented complainant.

Respondent John J. McGroarty, M.D., was present and was represented by Jonathan H. Rose, Attorney at Law.

The matter was submitted on October 28, 2014.

FACTUAL FINDINGS

1. Complainant Kimberly Kirchmeyer made this accusation in her official capacity as the Executive Director of the Medical Board of California (Board).

2. On February 23, 1967, Physician and Surgeon's Certificate No. Gl2938 was issued by the Board to John J. McGroarty, M.D. (respondent). Respondent's certificate is renewed and current, and will expire on January 31, 2016, unless renewed.

3. On June 19, 2012, the Arizona Medical Board issued an Interim Order for Practice Limitation and Consent to the Same (Arizona Interim Order). The Arizona Interim Order contains findings that respondent has recognized that he has a medical condition that may limit his ability to safely engage in the practice of medicine, and that the Interim Order was necessary to mitigate danger to the public health and safety. Under the terms of the Arizona Interim Order respondent was prohibited from practicing medicine in Arizona and

from prescribing any form of treatment including prescription medications and the writing of Medical Marijuana Certifications until he applies to the Arizona Medical Board and receives permission to do so.

On June 10, 2013, the Arizona Medical Board issued an Order for Practice Restriction and consent to the Same (Arizona Order for Practice Restrictions). The Arizona Order for Practice Restriction contains factual findings which include: Respondent issued Medical Marijuana Certifications which contained false attestation and which violated the Arizona Medical Practice Act; respondent underwent a neuropsychological evaluation on June 6, 2012, which concluded that he was unsafe to practice as a physician; a review of some of respondent's patient charts revealed that he deviated from the standard of care in prescribing narcotic pain medication. Under the terms of the Arizona Order for Practice Restriction, respondent shall not practice medicine and is prohibited from prescribing any form of treatment, including prescription medications, in Arizona. In addition, respondent shall not seek to renew his Arizona medical license and shall not reapply for an Arizona medical license for a period of five years from the effective date of the Arizona Order for Practice Restriction.

4. Respondent's conduct and the actions of the Arizona Medical Board as set forth above, constitute unprofessional conduct within the meaning of the law in California.

5. Respondent underwent a full psychiatric evaluation in California by a board certified psychiatrist who concluded, based on his own evaluation and on the results of extensive neuropsychological testing, that respondent suffers from cognitive difficulties which greatly impair his ability to practice and safely function as a physician.

6. Respondent presented two neuropsychological evaluations by Annette Swain, Ph.D. She concludes that respondent has a mild cognitive impairment and demonstrates significant declines in the domains of visual perception and executive functioning. She also states that respondent has "parkinsonism." She does not give an expert opinion one way or the other concerning respondent's ability to safely function as a physician.

7. Based on the evidence in this matter it would not be in the public interest to allow respondent to practice medicine in California without expert evidence that his cognitive and physical impairments do not interfere with his ability to practice medicine safely.

LEGAL CONCLUSIONS

1. By reason of the matters set forth in Factual Findings 3 and 4, cause for disciplinary action exists pursuant to Business and Professions Code sections 2305 (discipline by another state) and 141, subdivision (a) (action taken by another jurisdiction). The action taken by the Arizona Medical Board is grounds for disciplinary action in California.

2

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2. By reason of the matters set forth in Findings 5, and 6, cause for disciplinary action exists pursuant to Business and Professions Code sections 2227 (disciplinary action), and 822 (impaired ability to practice). Respondent's cognitive functioning is impaired to the extent that he cannot practice medicine safely.

ORDER

Physician and Surgeon's Certificate No. Gl2938 issued to respondent John J. McGroarty, M.D., is hereby revoked pursuant to Legal Conclusions 1 and 2, jointly and in combination.

DATED:~~/~l_/~/~7_,_/~;~f~~~-

RUTHS. ASTLE Administrative Law Judge Office of Administrative Hearings

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BEFORE THE MEDICAL BOARD OF CALIFORNIA

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against:

JOHN J. MCGROARTY, M.D.

Physician's and Surgeon's Certificate No. G 12938

Petitioner.

) ) ) ) ) ) ) ) )

MBC No. 16-2012-224717

ORDER GRANTING STAY

(Government Code Section 11521)

~~~~~~~~~~~~~~~~)

John J. McGroarty, M.D., has filed a Petition for Reconsideration of the Decision in this matter with an effective date of January 9, 2015.

Execution is stayed until January 16, 2015.

This stay is granted solely for the purpose of allowing the Board time to review and consider the Petition for Reconsideration.

DATED: January 8, 2015

~~~Off)~ Deputy Director Medical Board of California

(

BEFORE THE MEDICAL BOARD OF CALIFORNIA

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against: ) )

JOHN J. MCGROARTY, M.D. ) Case No. 16-2012-224717 )

Physician's and Surgeon's ) OAH No. 2013071122 Certificate No. G 12938 )

) Petitioner )

~~~~~~~~~~~~~)

ORDER DENYING PETITION FOR RECONSIDERATION

The Petition filed by John J. McGroarty, M.D., for the reconsideration of the decis.ion in the above-entitled matter having been read and considered by the Medical Board of California, is hereby denied.

This Decision shall become effective at 5:00 p.m. on ,January 16. 2015.

IT IS SO ORDERED: ,January 15, 2015

&ov.~MJ Panel B