News Release April 19, 2011
MEDICAL BOARD OF CALIFORNIA
April 19, 2011
Medical Board of California Accusation leads to surrender
of former Oakland physicianís license
SACRAMENTO After being served with an Accusation of sexual misconduct by the Medical Board of California, former Oakland physician Ernest Lee Simms surrendered his license to practice medicine. "The mission of the Medical Board is public protection, and this action reflects the Board's ongoing commitment to that mission," said Linda Whitney, executive director of the Medical Board.
Simms was arrested by the Alameda police department on January 4, 2011, and charged with sexual battery of a 28-year-old woman who was under his care. The patient claimed Simms, after asking the patient to remove her bra, grabbed her breasts and squeezed them in a manner inconsistent with a legitimate medical examination.
The Medical Board received a complaint against Simms on January 11, 2011, and an investigation was opened.
On January 28, 2011, the Medical Board asked the Court to issue an immediate Order prohibiting Simms from practicing medicine. The judge did not suspend Simmsís medical license, but did issue an Order prohibiting Simms from practicing medicine without the presence of a third party present when examining a patient.
The Medical Board filed an Accusation against Simms on March 11, 2011, accusing him of violating Business and Professions Code sections 729 (Sexual Exploitation); 822 (Mental/Physical Illness); and 2234 (Unprofessional Conduct) and requesting Simmsís license be revoked. On March 22, 2011, Simms stipulated to the surrender of his medical license, which the Medical Board accepted. The revocation is effective April 19, 2011. The criminal charges are currently pending in Alameda County Superior Court.
The public record documents in this case can be accessed on our Web site at www.mbc.ca.gov under the heading "Enforcement Public Documents."
The mission of the Medical Board is to protect health care consumers through the proper licensing and regulation of physicians and surgeons and certain allied health care professions and through the vigorous, objective enforcement of the Medical Practice Act, and, to promote access to quality medical care through the Board's licensing and regulatory functions.
If you have a question or complaint about the health care you are receiving, the Board encourages you to visit its Web site at www.mbc.ca.gov or call the Consumer Information Line at (916) 263-2382 or (800) 633-2322.
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