News Release — July 6, 2005

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July 6, 2005

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

SACRAMENTO—Facing a formal Accusation of wrongdoing by the Medical Board of California, Westminister physician Monica Jeanne-Maria Murphy, M.D. has surrendered her license to practice medicine. The stipulated surrender of her license was ordered on June 24, 2005 and was effective July 1, 2005. Medical Board Executive Director David Thornton stated, "The mission of the Medical Board is to protect healthcare consumers. We work diligently to achieve our mission by vigorously enforcing the Medical Practice Act."

Murphy was charged with unprofessional conduct following her conviction of crimes substantially related to the qualifications of a California physician (Business and Professions Code section 2236). The charges followed Murphy's plea of nolo contendere, on March 17, 2003 in Los Angeles County Superior Court, to two felony counts related to her practice of medicine. One felony count involved a violation of Penal Code section 487(A) - grand theft - and was count 15 of a 16-count felony complaint relating to fraudulent billing of the California Medi-Cal Program for medical services provided by unlicensed people. The second felony count involved a violation of Revenue and Taxation Code section 19706 - failure to file income taxes - and was count 16 of the felony complaint. On April 2, 2003, Murphy was placed on three years' probation by the Superior Court with terms and conditions that included 300 days county jail, stayed with approval to complete with electronic monitoring; pay $77, 447 in restitution to the State Department of Health Services; pay $20,544 in restitution to the California State Franchise Tax Board; attend 60 hours of continuing medical education; exclusion from participating in the California or federal Medi-Cal Program; pay $6,320 to the California Franchise Tax Board for investigative costs; charges to be reduced to misdemeanors if ordered restitution is paid in three years; and other standard terms and conditions.

According to allegations contained in the First Amended Felony Complaint, Case No. NA049500, before September 1, 1997 and continuing through October 31, 1998, Murphy and her co-defendant, physician assistant Kendall T. Heath, willfully and unlawfully conspired with one another, along with others, to commit Medi-Cal fraud and acts injurious to the public health by permitting unlicensed medical practitioners to examine, diagnose, and/or treat patients of the Medi-Cal Program. Murphy and Heath allegedly agreed to use Murphy's Medi-Cal provider number at a clinic owned by Heath, and to pay Murphy a monthly fee of $2,000 for the use of her Medi-Cal provider number and her signature on patients' charts.

Murphy also was accused of unprofessional conduct/dishonesty (Business and Professions Code section 2234(e)), for altering medical records (Business and Professions Code section 2262), making false statements (Business and Professions Code section 2261), and aiding and abetting the unlicensed practice of medicine (Business and Professions Code section (2052(b)).

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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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