News Release — March 23, 2005

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March 23, 2005

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

SACRAMENTO—Facing a formal Accusation of unprofessional conduct before the Medical Board of California, Fullerton physician Harley Sterling, M.D. has surrendered his license to practice medicine. The stipulated surrender of his medical license was accepted by the board on March 14, 2005 and became effective on March 21, 2005.

In a November 1999 First Amended Accusation, the board accused Sterling of violating multiple sections of the Business and Professions Code, including section 2234(b)(c) (d) (gross negligence, repeated negligent acts, and incompetence) in his care and treatment of two patients. One patient, while under his care, underwent approximately 32 procedures on her breasts. During all surgical procedures performed which involved injection of saline or silicone gel into intact breast implants, Sterling directly punctured with a syringe needle the outer shell of the silicone implants, thereby causing leakage of implant material into the surrounding tissue. He also augmented the volume of the implants with saline or silicone gel, although it was never intended by implant manufacturers and was clearly prohibited by the federal Food and Drug Administration. On a second patient, Sterling used a homemade "nutcracker" device (consisting of two ax handles connected by a small metal bar at the top) to perform a closed capsulotomy. This procedure is commonly performed to breakup the fibrous scar capsule around the implant. Sterling failed to explain to the patient the potential risks and complications from using the device, did not obtain verbal or written approval from the patient, and failed to provide appropriate follow-up care to ensure no complications occurred from using this device.

Pursuant to a Stipulated Settlement and Disciplinary Order in May 2000, the board placed Sterling on five years' probation for unprofessional conduct. During the term of probation, he was required to comply with the board's Probation Surveillance Program along with terms and conditions, some of which included: enrolling in and completing the full Physician Assessment and Clinical Education Program (PACE) at the University of California, San Diego School of Medicine and undergo assessment, clinical training and examination with a focus, where possible, on plastic and reconstructive surgery, within 90 days; on an annual basis thereafter for each year of probation, submitting to the board an educational program or course not less than 40 hours per year; enrolling and passing a board-approved ethics course; having a practice monitor for the first two years of probation; obeying all federal, state and local laws, all rules governing the practice of medicine in California, and remaining in full compliance with any court-ordered criminal probation, payments and orders; submitting quarterly reports advising of his compliance with his probation and any court-ordered probation; and appearing in person for interviews with the board.

Sterling's probation was subject to revocation for failing to obey all laws, submit quarterly reports to the board, pay cost recovery to the board for investigative and prosecution costs as well as the costs associated with probation monitoring. In addition, Sterling was subject to discipline for performing surgeries in an outpatient center without a transfer agreement and without admitting privileges at a local licensed acute care hospital. According to Sterling's own surgical records, he performed over 100 surgical procedures in his outpatient surgery center between January 6, 2003 and August 26, 2003 without the required transfer arrangement and without the required liability insurance coverage for malpractice claims.

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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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