STATE OF ILLINOIS DEPARTMENT OF AND PROFESSIONAL REGULATION DIVISION OF PROFESSIONAL OF EINANCIAI, AND of the State of Illinois, Complainant, V. }No. 2013-061 10 Anthony Joseph (irarcia, License No. CS License No. 336078158, Respondent. NOTICE OF FILING To: Anthony" Joseph Garcia, MD. PLEASE TAKE NOTICE that on uly 19, 2013, Laura E. Forester, Chief of Medical Prosecutions, filed with the Clerk ofthe Court for the Department ofFinaneial and Professional Regulation otithe State of Illinois, the attached Notice of Temporary Suspension, Order. Petition, Complaint, 1 (one) Affidavit, copies of which are hereby served upon you. DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION of the State of Illinois Laura F1. Forester Chief of Medical Prosecutions Laura E. Forester Chiefof Medical Prosecutions Unit Illinois Department of Financial and Professional Regulation Division of Professional Regulation IUU W. Randolph Street, Suite 9-151 Chicago. Illinois 60601 312.814.7043 PROOF OF SERVICE STATE 01' SS: No. 20l3-06110 COUNTY OF COOK Under penalty of perjury, as provided by law, Section L109 of the Illinois Code of Civil Procedure, the undersigned certifies that I eaus-ed copies of the NOTICE OF SIEPENSION, ORDER, ANT) I AFFIDAVIT to be emailed to the email address listed above to all parties at the addresses listed on the above prior to 5:00 pm. on the 19"' day" 2013. Afli ant STATE OF ILLINOIS DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION DIVISION OF PROFESSIONAL REGLLATION DEPARTMENT OF AND PROFESSIONAL REGULATION of the State of Illinois, Complainant, v. No. 2013-06110 Anthony Joseph Garcia. M.D., Lieense No. 036109200, CS License No. 336.07'8l :38, Respondent. NOTICE OF TEMPORARY SIISPENSION To: Alison Motta VIA PIFASE TAKE NOTICE that the Director of the Division of Professional Regulation, Department of Financial and I'1'oi'1:ssio11al Regulation oi' the State of Illinois signed the attached whieh provides that your Illinois Physician and Surgeon License No. 036109200, and your Illinois Controlled Substance License No. 330078158 are TICMPORARILY SUSPENDED. Copies oi' the ORDER, Petition, Complaint and Afiidavit, on which it is based, are attached. on July 31, 2013 at 11:00 am. the Medical Disciplinary Board of the Department o['Finaneial and Professional Regulation of the State of Illinois will hold a hearing at I00 W. Randolph Street, Suite 9-300, Chicago, Illinois 60601, to determine the truth of the charges set I'c-rth in the attached Complaint. At the hearing you will be given an opportunity to present such statements, testimony, evidence and argument as may be pertinent to or in defense to the charges. It is required that you appear at the hearing unless the matter is continued in advance. Failure to attend the hearing at the time and place as stated above may result in a decision being made, in your absence, to continue the suspension of your license. You have the right to retain counsel to represent you in this matter and, in the opinion of this Department, it is advisable to be represented by a lawyer. It is required that you file a VERIFIED ANSWER to the attached Complaint with the Department of Financial and Professional Regulation by the date of the hearing. No CONTINUAN-CE of a hearing will be granted except at the discretion of the Committee or Board. A written motion for continuance must be served on the Department of Financial and Professional Regulation, Division of Professional Regulation, at least three (3) business days before the date set for the Hearing and must set forth the reasons why holding the hearing on the date indicated will cause undue hardship. Your ANSWER, your lawyer's APPEARANCE, and all MOTIONS or papers should be tiled with the Clerk of the Court of the Department of Financial and Professional Regulation, at 100 W. Randolph Street, Suite 9600, Chicago, IL 60601. RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS IN THE DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION BEFORE OR BOARDS OF SAID are accessible at or available upon reque st. DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION of the State of Illinois By: Laura E. Forester Chiefol" Medical "Prosecutions Laura E. Forester (lhiefoflvledical Proseutions Department of Financial and Professional Regulation Division of Professional Regulation I00 West Randolph, Suite Chicago, Illinois 312,38 Lg) STATE OF ILLINOIS DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION DIVISION OF PROFESSIONAL REGULATION Department of Financial and Professional Regulation of the State of Illinois, Complainant, v. No. 2013-06110 Anthony Joseph Garcia, MD. License No. 036.1 58 Respondent. ORDER 57.: f" c.-J This matter having come before the Director of the Division of Prfissigal Regulation of the Illinois Department of Financial and Professional Regulatigri, ogre Petition filed by the Chief of Medical Prosecutions of the Division, which Temporary Suspension of the Illinois Physician and Surgeon License and Controlled Substance License of Respondent, Anthony Joseph Garcia, M.D., the Director, having examined the Petition, finds that the public interest, safety and welfare irnperatively require emergency action to prevent the continued practice of Anthony Joseph Garcia, M.D., Respondent, in that Respondent's actions constitute an immediate danger to the public. NOW, THEREFORE, I, JAY STEWART, DIRECTOR OF THE DIVISION OF PROFESSIONAL REGULATION of the State of Illinois, hereby ORDER that the Illinois Physician and Surgeon No. and the Illinois Controlled Substance License No. 336378153, of Anthony Joseph Garcia, M.D., Respondent, to practice medicine as a Physician and Surgeon in the State of Illinois be SUSPENDED, pending proceedings before an Administrative Law Judge at the Department of Financial and Professional Regulation and the Medical Disciplinary Board of the State of Illinois. ,6 -t ll' FURTHER ORDER that Respondent shall imlrlediately surrender all indic?a of lieensu1'e(sJ to the Department. 203. DEPARTMENT OF I NAN AND 0f the State of Illinois Division niifrofcssional Regulation JAYSTE Director Ref: IDFPR Case No. 2013-061 License 'No. and CS License No. 336078158 STATE OF ILLINOIS DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION DIVISION OF PROFESSIONAL REGULATION DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION of the State of Illinois, Complainant, v. Anthony Joseph Garcia, M.D., No. 2013-6110 License No. 036109200, Err": CS License No. 336.078 1 58, Respondent. Z5 PETITION FOR TEMPORARY SUSPENSION ii-5} gs NOW COMES the Complainant, by its Chief of Medical E. Forester, and Petitions JAY STEWART, Director of the Division of Professional Regulation, Department of Financial and Professional Regulation of the State of Illinois, pursuant to 225 Illinois Compiled Statutes, Section 6087, to issue an Order for Temporary Suspension of the Illinois Physician and Surgeon License No. 036109200, and the Illinois Controlled Substance License No. 336078158, of Anthony Joseph Garcia, M.D., Respondent. In support of said Petition, Petitioner alleges as follows: 1. Respondent is presently the holder of a Certificate of Registration as a Physician and Surgeon in the State of Illinois, License No. 036.l09200, and Controlled Substance License No. 336078158, issued by the Department of Financial and Professional Regulation of the State of Illinois. Said Licenses are presently in Active Status. It has come to the Dcpartrnenfs attention that Respondent has shown a pattern of conduct throughout his residency programs indicating an inability to practice medicine with requisite skill, judgment and safety. In addition, Respondent has been arrested and subsequently charged with four counts of first degree murder in Omaha, Nebraska. Between June 1999 and December 1999, Respondent was a family practice resident at Bassett-St. Elizabeth Medical Center in Albany, New York. Respondent was suspended from this residency program and subsequently resigned from his residency due to unprofessional and inappropriate conduct with a radiology technician. . Between July 2000 and May 2001, Respondent was a resident at the Department of Pathology at the Creighton School of Medicine. Respondent was terminated on or about June 26, 2001, from his pathology residency due to his unprofessional and inappropriate conduct involving a fellow resident in the program. Specifically, the Appeals Committee of the Graduate Medical Education Committee of Creighton University unanimously supported the decision of the Pathology Program to terminate Respondent based on his inappropriate contact with a fellow resident while said resident was in the process of taking the USMLE Step 3 examination. . On or about July 18, 2001., Respondent submitted an application for a temporary residency program in the State of Illinois. Respondent failed to disclose any information regarding his resignation in lieu of discipline from the residency program in New York andfor his termination from the residency program in Nebraska. 10. 11. Between August 2001 and July 2003, Respondent was a resident at the University of Illinois at Chicago - Anatomic Pathology and Clinical Pathology program. Respondent failed to complete this program. Specifically, the post-graduate medical training in this program was incomplete. On or about February 3, 2003, Respondent submitted an application for a Physician and Surgeon license in Illinois. Respondent failed to disclose any of the aforementioned information as required in this application. In July of 2003, Respondent resigned from the pathology residency at UIC -- Chicago due to poor medical health. On or about June 2005, Respondent submitted a renewal application for his Illinois Physician and Surgeon license no. 036.l09200. Respondent failed to disclose that he resigned from his residency program at UIC-Chicago due to poor health. Between 2007 and February 2008, Respondent was a resident in at Louisiana State University Health Science Center -- University Hospital in Schreveport, Louisiana. Respondent was not allowed to continue in this program due to failure to obtain the appropriate medical license from the Louisiana State Board of Examiners. Specifically, in February of 2008, Respondent was notified that his application for licensure in Louisiana was going to be denied because he provided false information. On or about May 2008, Respondent submitted a renewal application for his Illinois Physician and Surgeon license and failed to disclose the intent to deny licensure in Louisiana. 12. On or about January 2009, Respondent was notified by the Medical Licensing Board of Indiana of their intent to deny his application for licensure due to his history. 13. On or about April 2011, Respondent submitted a renewal application to Illinois and failed to disclose his failure to obtain licensure in Indiana. 14. Respondent was arrested on July 15, 2013, in Salem, Illinois, for four counts of first degree murder. At the time of his arrest, Respondent was in possession of a .45 caliber handgun and appeared intoxicated. Respondent is being held in custody without bond. 15. Brian Zachariah, M.D., Chief Medical Coordinator of the Illinois Department of Financial and Professional Regulation, Division of Professional Regulation, has been consulted in this matter and believes that the continued practice of medicine by Respondent, Anthony Joseph Garcia, M.D., presents an immediate danger to the safety of the public in the State of Illinois. Petitioner further alleges that the public interest, safety and welfare imperatively require emergency action, in that Respondent's continued practice of medicine constitutes an immediate danger to the public. WHEREFORIS, Petitioner prays that the Physician and Surgeon License and Controlled Substance License of Anthony Joseph Garcia, MD. be Temporarily Suspended pending proceedings before the Medical Disciplinary Board of the State of Illinois. DEPARTMENT OF FINANCIAL AND PROFESSIONAL REG of the State of Illinois By: Laura E. Forester Chief of Medical Prosecutions Laura E. Forester Chief of Medical Prosecirtions Deparunent of Financial and Professional Regulation Division of Professional Regulation 100 West Randolph, Suite 9-151 Chicago, Illinois 60601 3 2E8 4-7043 STATE OF ILLINOIS DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION DEPARTMENT OF FINANCIAL AND PROF ESSIONAL EGULAT ION DIVISION OF PROFESSIONAL REGULATION I of the State of Illinois, Complainant. v. No. 2013-061 10 Anthony Joseph Garcia, M.D. License Nos. {}36.lU9200f336.073l58, Respondent. as E-E 3 AFFIDAVIT OF BRIAN QACHARIAH, Md}. 2 3 1, Brian Zachariah, M.D., being duly sworn upon oath, depose and make my personal knowledge, and if sworn as a witness in this matter I would conipetentlyi?stifito 3 following facts: I. I am a Physician licensed to practice medicine in tl1e State of Illinois. I have been a licensed Physician for approximately twenty-seven years. I am currently a Chief Medical Coordinator of the Illinois Department of Financial and Professional Regulation, Division of Professional Regulation. I have reviewed the documents pertaining to the investigation of the Respondent. I learned that Respondent has falsified multiple application documents pertaining to his practice of medicine in Illinois as well as other states. I have also learned that Respondent was not able to complete four separate residency programs due to unprofessional andfor inappropriate conduct as well as licensing issues. I have also learned that Respondent failed to obtain licensure in numerous States based upon his failure to provide accurate information andfor failure to meet the 1 requisite requirements. 7. Finally. also learned that on fuljr I5. 2013, Respondent was arrested for four counts of first degree murder 'n Salem. Illinois. At the time of his arrest, Respondent was in possession of a .45 caliber handgun and appeared intoxicated. Respondent is currently being held without bond. 8. Based on the foregoing I am ol" tfie opinion wit'hiit a reasonable degree ofmediea! certainty-' that the continued practice of medicine by Anthony Joseph Garcia. presents an immediate danger to the safer}-* ofthc public in the State of Illinois. Brian Zachariah. MD. Subscribed and sworn to before rue this Crf\q_ day of July 2013. ram' PLEBLI Jogce Min 0 Nolan: ublie, St - Ml! Commission DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION of the State of Illinois, Complainant, 1 v. "5 Anthony Joseph Garcia, M.D., License No. 036109200, cs License No. 336.0?8l58, Respondent. 32:3 ff' STATE OF ILLINOIS DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION DIVISION OF PROFESSIONAL REGULATION COMPLAINT Now COMES the DEPARTMENT or' FINANCIAL AND PROFESSIONAL REGULATION, DIVISION OF PROFESSIONAL REGULATION, of the State of Illinois, by its Chief of Medical Prosecutions, Laura E. Forester, and as its COMPLAINT against Anthony J. Garcia, M.D., Respondent, complains as follows: I. COUNT I Respondent is presently the holder of a Certificate of Registration as a Physician and Surgeon in the State of Illinois, License No. 036-109200, and Controlled Substance License, No. 336--0?8153, issued by the Department of Financial and Professional Regulation of the State of Illinois. Said licenses are presently in Active status. That the Department has jurisdiction to investigate complaints and to bring this action pursuant to 225 ILCS 60:36. . Between June 1999 and December 1999, Respondent was a resident at the Family Practice Residency Program at Bassett-St. Elizabeth Medical Center in Albany, New York. Page 1 of5 . . I 10. ll. 12. On or about December 1999, Respondent was suspended from this residency program and subsequently resigned from his residency due to unprofessional and inappropriate conduct with a radiology technician. Between July 2000 and May 2001, Respondent was a resident at the Department of Pathology at the Creighton School of Medicine. On or about June 26, 2001, Respondent was terminated from his Pathology Residency at the Creighton School of Medicine. Respondent was terminated from Pathology Residency at the Creighton School of Medicine due to his unprofessional and inappropriate conduct involving a fellow resident in the program while said resident was in the process of taking the USMLE Step 3 examination. On or about July 18, 2001, Respondent submitted an application for a temporary license in the State of Illinois. On or about July 18, 2001, Respondent failed to disclose any information regarding his resimtation in lieu of discipline from the residency program in New York in his application for temporary license in the State of Illinois. On or about July 18, 2001, Respondent failed to disclose any information regarding his termination from the residency program in Nebraska in his application for temporary license in the State of Illinois. Between August 2001 and July 2003, Respondent was a Resident at the University of Illinois at Chicago - Anatomic Pathology and Clinical Pathology program. Respondent failed to complete this program. Page 2 of 5 13about February 3, 2003, Respondent submitted an application for a permanent Physician and Surgeon license in Illinois. On or about February 3, 2003, Respondent failed to disclose his resignation in lieu of discipline fiom the residency program in New York in his application for a permanent license in the State of Illinois. On or about February 3, 2003, Respondent failed to disclose his termination from the residency program in Nebraska in his application for a permanent license in the State of Illinois. While Respondent was a Resident at UlC--Chicago, Respondent took two medical leaves of absence due to his poor health. Respondent failed to return to Residency Program from his July 2003 medical leave of absence and subsequently resigned from the Residency Program at Chicago in May 2004. On or about June 2005, Respondent submitted a renewal application for his Illinois Physician and Surgeon license No. 03 6.109200. On or about June 2005, Respondent failed to disclose his two medical leaves of absence in his 2005 Illinois Physician and Surgeon License Renewal Application. Between 200'? and February 2008, Respondent was a Resident in at Louisiana State University Health Science Center -- University Hospital in Shreveport, Louisiana. On or about February 2008, Respondent was not allowed to continue in his Residency program due to Respondent's failure to obtain the Page 3 of 22. 23. 24. 25. 26. 28. 29. appropriate medical license from the Louisiana State Board of Medical Examiners. On or about February 2008, Respondent was notified by the Louisiana State Board of Medical Examiners that his application for licensure in Louisiana was going to be denied because he provided false information in his licensure application. Subsequently. Respondent withdrew his application for medical license in Louisiana. On or about May 2008, Respondent submitted a renewal application for his Illinois Physician and Surgeon license No. 03 6. 109200. On or about May 200 8, Respondent failed to disclose his failure to obtain medical licensure in Louisiana in his 2008 Illinois Physician and Surgeon License Renewal Application. On or about November 2008, Respondent applied for a physician license in the State of Indiana. On or about January 2008, Respondent was notified by the Medical Licensing Board of Indiana of their intent to deny his application for licensure due to his history. Subsequently, Respondent withdrew his application for medical licensure in Indiana. On or about April 2011, Respondent submitted a renewal application for his Illinois Physician and Surgeon license No. 036109200. Page 4 of 5 30,011 or about April 2011, Respondent failed to disclose his failure to obtain medical lieensure in Indiana in his 2011 Illinois Physician and Surgeon License Renewal Application. 31. The foregoing acts andfor omissions are grounds for revocation or suspension of a Certificate of Registration pursuant to 225 Illinois Compiled Statutes, Section 60/22 (A), paragraphs (5), and (31). WHEREFORE, based on the foregoing allegations, the OF FINANCIAL AND IJROITESSIONAL DIVISION OF of' the State of Illinois, by Laura I17. Forester, its Chiet' of Medical Prosecutions, prays that the Physician and Surgeon License and Controlled Substance License of Anthony J. Garcia, M.D., be suspended, revoked, or otherwise disciplined. DEPARTMENT OF FINANCIAL AND REGULATION, DIVISION OF PROFESSIONAL REGULATION, of the State of Illinois By: Laura E. Forester Chief ot'Medieal Prosecution Vladirnir Lozoyskiy Staff Attorney, Medical Prosecutions Unit Department of Financial and Professional Regulation Division of Professional Regulation 100 West Randolph, Suite Chicago, Illinois 60601 312K314-I691 Page of5