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News Release — June 13, 2005

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MEDICAL BOARD OF CALIFORNIA

June 13, 2005

Medical Board of California Accusation Leads to
Surrender of San Marcos Physician's Medical License

SACRAMENTO—Facing a Petition to Revoke Probation due to unprofessional conduct before the Medical Board of California, San Marcos physician Senador De Villa Fandino, M.D. has surrendered his license to practice medicine. The stipulated surrender of his medical license was accepted by the board on June 1, 2005 and became effective on June 8, 2005. Fandino's license was suspended on April 12, 2005, as the result of the issuance of an Interim Suspension Order, and remained suspended up to the time he surrendered his medical license.

In August 1993, the board filed an Accusation against Fandino charging him with gross negligence, repeated negligent acts, and incompetence with respect to his care and treatment of one patient with suspected cancer. A First Supplemental Accusation was filed against Fandino in February 1994 alleging violations of Business and Professions Code sections 2234 and 2236, as a result of Fandino's indictment and conviction for mail fraud, a felony, in the United States District Court for Southern District of California. The conviction was the result of Fandino's charges to a medical insurance company for medical services for a patient that were not actually delivered, and the submission of falsified medical records to assist the patient in an effort to obtain a settlement for injuries resulting from an auto accident. Fandino entered into a stipulation with the board in resolution of the charges and allegations contained in the August 1993 Accusation and effective January 1, 1995 was placed on seven years' probation with terms and conditions including six months' practice suspension, continuing education, taking and passing an ethics course, a monitored practice, and taking and passing an oral clinical examination before returning to practice. However, the stipulation did not resolve the allegations in the First Supplemental Accusation.

Fandino entered into a plea agreement with the U.S. Attorney that resulted in the conviction alleged in the First Supplemental Accusation. The plea agreement required Fandino to surrender his medical license to the board and in accordance with the agreement, Fandino surrendered his medical license in July 1996. In December 2000, Fandino petitioned the board for reinstatement of his license and in January 2002 the board granted his request and placed him on seven years' probation with terms and conditions.

On April 25, 2005, the board filed an Accusation to revoke Fandino's probation for violations of Business and Professions Code sections 2234(d) (incompetence), 2234(e), 2261 (dishonesty and false documents) and for violation of probation, some of which included: condition 6 -- failing to successfully complete the PACE clinical and education training; conditions 11 and 13 -- failing to obey all laws and complying with the probation surveillance program by failing to advise his probation monitors of his current places of employment; condition 8 -- submitting a plan for monitoring in February 2005 when he had worked at a different facility since September 2003; and condition 1 -- failing to provide the board with proof of service of a copy of his disciplinary order on the chiefs of staff at two facilities where he was employed.

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The mission of the Medical Board is to protect healthcare consumers through the proper licensing and regulation of physicians and surgeons and certain allied healthcare professions and through the vigorous, objective enforcement of the Medical Practice Act.

If you have a question or complaint about the healthcare you are receiving, the board encourages you to visit its Web site at www.caldocinfo.ca.gov or for questions call the Consumer Information Line at (916) 263-2382, or with complaints call (800) 633-2322.

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