XAVIER BECERRA Attorney General Of California JANE ZACK SIMON REBECCAD .

nI.11DISCIPLINARY/LICENSURE RESTRICTIONS INFORMATION SHEETTEXAS MEDICAL BOARD12/19/2018LICENSE NUMBER: L1024DUTTA, SURESH VENKAYYA, MDCURRENT INFORMATION (PHY!31CIAN):REGISTRATION DATE/STATUS: 07/07/2005 ACTIVEDISCIPLINARY DATE/STATUS: 10/19/2018 UNDER BOARD ORDERLICENSURE DATE/STATUS:ON AUGUST 23, 2017, A FORMAL COMPLAINT WAS FILED BY THE BOARD.ON JULY 20, 2018, A FIRST AMENDED COMPLAINT WAS FILED BY THE BOARD.ON OCTOBER 19, 2018, THE BOARD AND SURESH-VENKAYYA DUTTA, M.D., ENTERED INTO AN AGREEDORDER ON FORMAL FILING PUBLICLY REFERRING DR. DUTTA TO THE TEXAS PHYSICIAN HEALTH. PROGRAM AND REQUIRING HIM TO ABSTAIN FROM THE CONSUMPTION OF PROHIBITED SUBSTANCESAS DEFINED I THE ORDER; AND PARTICIPATE IN THE BOARD'S DRUG TESTING PROG.RAM. THE BOARDFOUND DR. Dl:JTTA MAY BE USING ALCOHOL IN AN INTEMPERATE MANNER AND MAY SUFFER FROM ANIMPAIRMENT THAT COULD AFFECT HIS PRACTICE OF MEDICINE. THIS ORDER RESOLVES A FORMALCOMPLAINT FILED AT THE STATE OFFICE OF ADMINISTRATIVE HEARINGS.ON OCTOBER 29, 2018, FORMAL COMPLAINT DISMISSED BY SOAH AS A RESULT OF AGREED ORDER ONFORMAL FILING DATED 10/19/18.To review a copy of the Board Order(s), go tohttp://www. tmb.state. Ix. us/agency/professionalinfo. himIi'iijItand search the TMB Public Web Based Verification database for this individual. Once l0t ated, the record will providea link to view the Board Order(s). Alternatively, you may submit a written request to the Texas Medical Board at thefollowing address. For ord'ers of 50 pages or more, a charge of .1 Oper page will be billed.·tiL!!Following address. For orders of 50 pages or more, a charge of .10 per page will be billedTexas Medical Board .Public Information Department, MC-251P.O, Box 2018Austin, TX 78768-2018FAX: 512-463-9416Board adion information is updated on ou computer system within 2weeks following the board meeting at which theaction was taken. To see the currerit board meeting schedule, please visit our web site at www.tmb.state.tx.usBoard action is not final until the appeals process is exhausted. The above-noted disciplinary status.will indicatewhen the appeal process is complete .

-HEARING CONDUCTED BY THETEXAS STATE OFFICE OF ADMINISTRA'fIVE HEARINGSSOAH DOCKET NO. 503-17- 57 Sf· .MDTEXAS l\!IEDICAL LICENSE NO. L-1024BEFORE.THEIN THE MATTER OF THE·I.IICOMPLAINT AGAINSTSURESH VENKAYYA DUTTA, M.D.THE TEXAS MEDICAL BOARDICOMPLAJNTTO THE HONORABLE TEXASMEDICAL BOARD AND THE ·HONORABLEIIIIADMINISTRATIVE LAW JUDGE TO BE ASSIGNED:fThe Staff of the Texas Medical Board (the Board) files this Complaint 'against Sµresh ·Venkayya ·Dutta, M.D. (Re5pondent), for itlleged viol tions of the Medical Practice Act (the!!Act), Texas Occupations Code, Title 3, Subtitle B, Chapters 151 to 165 and would show thefollowing:I. SUMMARY OF FACTUAL ALLEGATIONSThe Bo rd alleges that Respondent's uses alcoh l or drugs in an intemperate manner that,i the opinion. of the Board, could endanger the lives of patients. Respondent is impaired due tolorig-tenn alcohol abuse. Respondent was nciticeably under theinfluen e of alcohol while at hismedical office and when seeing patients. II. LEGAL AUTHORITY AND .JURISDICTION·!it. 1.·Respondent is a Te;xas Physician and holds Texas Medical License No. -L--1024that was originally issµed on December 8, 2000. Respondent's license· was in "full force andeffect at all times material and relevant to this Complaint.Page I of91Il!

2.Respondent received notice of one or more Informal Settlement· Conference.s(JSC). The Bo d complied with all procedural rules, including but not limited to, Board RulesI 82 and 187, as applicable.3.No agreement t9 sert1e this mat1er has been reached by the parties.4.All jurisdictional requirements have been satisfied.5.The filing of this Complaint and t11e relief requested are necessary to protect thehealth and public interest of the citizens of the State of Texas.iIII. APPLICABLE STATUTES AND STATUTORY VIOLATIONS!he.followi g Statutes, Ri.1Jes, and A&ency Policy are applicable to the procedures for conduct ofthe hearing this matter:A.Gen ralLStatutes and Rules:Section 164.007(a) of the Act requires that the Board adopt procedures governingfonnal disposition of acontested case before the State Office of Administrative Hearings.2.22. TEX. ADMIN. CODE, Chapter J 87 sets forth the procedures adopted by theBoard under the requirement of Section 164.007(a) of the Act. ·3.22 TEx". ADMIN. CODE, Chapter J 90 sets forth aggravating factors that warrantmore severe or restrictive action4.oy the Board.1 TEX, ADMJN. CODE, CHAPTER 155 sets forth the rules of procedure adoptedbySOAH for contested case proceedings.5.1 TEX. ADMJN. CODE, CHAPTER 155.507, requires the issuance of a Proposal forDeqision (PFD) containing Findings of fact and Conclusions of Law.6.Section 164.007(a) of the ·Act, Board Rule 187.37(d)(2) and Board Rule) 90 et.seq., provides the Board with the sole and exclusive authority to determine the charges on the.merits, to jmpose sanctions for violation of the Act or a Board rule, .and to issue a Final Ord r.B.Specific Violations Cited:Respondent has violated one or more the Act and Board Rules .1.Section 164.05l(a)(4) of the Act authorizes the Board to take disciplinary action·against Respondent based on Respondent's inability to practice medicine wit.h reasonable skill. Page 2 of9III·I

and safety lo patien because of illness; drunkenness; excessive use of drugs, narcotics,·chemicals, or another substance; or as a result of any mental or physi"cal condition.2.Section J64.052(a)(4) of the Act authorizes the Board to take disciplinary actionagainst Respondent based on Respondent using alcohol or drugs in an intemperate manner thatcould endanger a patient's life.IIISection 164.052(a)(5) of the Act authorizes the Board to take disciplinary actio!1![against Respondent based on ·Respondent's unprofessional or dishonorable conduct that is likely!3.to deceive (Jr defraud the public, as provided by Section 164.053, or injure the public, as fortherdefined by Board Rules l 90.8(2)(P), behaving in a disruptive manner to\vard ficensees, hospitalpersonnel, other medical personnel, ·patients, family member,s or others that interferes withpatient· care or could be reasonably expected to adverse Iy impact the quality of care rendered toa patient; and, l 90.8(2)(R), commission ofa violation pf federal and state Jaws whether or notthere is a complaint, indictment, or conviction: (xii), substance abuse or substance diversion.IV. FACTUAL ALLEGATIONSBased on infonnation and belief, "Board Staff alleges:I.Respondent has been reported by previous employee(s) and/or colleague(s) ofseveral occasio11s regard.ing Respondent's unprofessional conduct, disruptive behavior,presenting to work late, presenting to work smelling. of alcohol and presenting lo work in anappeared impaired state. Specific'i11ly, on .one occasion, Respondent banged profusely at hisoffice door, stun1bled. through the door, spoke in a loud slurred manner, and smelled of alcohol.Respondent's actions is a violation of the Act, Texas Occupations Code, and/or Boa'.d Rules,specifically: ,a. Section 164.05l(a)(4) of the Act authorizes the Board to take dis9iplinary actionagainst Respondent based on Respondent's inability to practice medicine withreasonable skill and safety to patients because of illness; dmnkenness; excessive useof drngs, narcotics, chemicals, or another" substance; or as a result of any mental orphysical condition.·b. Section 164.052(a)(4) of the Act authorizes the ·Board to take disciplinary actionagainst Respondent based on Respondent using alcohol or drugs in an intemperate .manner.that could endanger a patient's life.Page 3 of9

ofc. Section 164.052(a)(5)the Act authorizes the Board to take disciplinary.actionagainst Respondent based on Respondent's unprofessional or disho.norable conductthat is likely to deceive or defraud the public, as provided by Section 164.053, orinjure the public, as further defined by Board Rules l 90.8(2)(P), behaving in adisruptive manner toward licensees, hospital pe sonnel; other medical pers·onnel,·patients, family members or others· that interferes with patient care or could bereasonably expected to adversely iri1pact the quality of care rendered to a patient;and, 190.8(2)(R), commission of a violation of federal and state Jaws whether or notthere is a c.omplaint; indictment, ·or conviction: (xii), substance abuse or substancediversion .2.·IIOn or about April 1, 2013, officers from the San Antonio Police Department(SAPD) were summoned to a bar regarding a dislurbarice, and upon arrival an officer from theSAPD. encountered Respondent, who was obtunded and had been refusing to leave the bar.Respondent' s head was resting on the bar counter and he was difficult to ai;ouse. Respondent was.I\1·unable to respond to an officer from the .SAPD, was unabje to walk without assistance, hadbloodshot eyes, and a very strong odor of alcohol on his breath. .Respondent refused emergencyImedical service and alternatively, the ofiicertransported RespoI\dent to the Center for HealthcareIiServices Detox fication Unit. Respondent's actions violated the Act; the Texas Occupations\Code, and/or Board Rules, specifically:· a. S ction 164.05l(a)(4) of the. Act auih rizes the Board to take discipli ary actionagainst Respondent based on Respondent's· inability to practice medicine withreasonable skill and safety to patients because of illness; drunkenness; excessive useof drugs; narcotics; chemicals, or another substance; or as a resl!lt of any mental orphysfral condition.3.\. \;owns in Dallas, Texas, at approximately 4:30 a.m.Respondent explainedi!On or. about June 10, 2015, RespondentIll showed up at a property, which heithat he had come to theproperty to conduct business regarding having · the ·fence stained.IIjRespondent was disheveled and appeared to have been asleep outdoors. Respondent's sJ)eechIwas sltm-e d and he reeked of aJc hoI. Respondent admitt.ed ·that he had been drinking and wasiclearly not in command of his mental and physical faculties. Respondent was unable to identifyI-the address or number of a responsible adult who could care for him.l-espondent's actions violated the Act, the Texas Occupations Code,and/or Board Rules, specifically:Page 4 of9;

·a. Section 164.05J(a)(4) of the Act authorizes the Board to take disciplinaryaction against Respondent . based on Respondent's inability to practicemedicine with reasonable skill and safety to patients because of illness;drunkenn ess; e)(cessive use of· drugs, narcotics, chemicals, .or anothersubstance; or .as a result of any mental or physical con dition.b. - Sec ion 164.051(a)(5) of the Act.authorize.s the Board to take disciplinaryaction against-Re spondent based on Respondent's unprofessionalordishonorable conduct that is likely to deceive or defraud the public, as providedby ·Section 164.053, or injure the public, as further defined by Board RuleI 90.8(2)(R), commission of a violation of federal and stat laws whether or notthere is a complaint, indictment; or conviction: (xfi), substance abuse or substancediversion.IIIlI·IttI!Respondent's actions violated the Act,the Texas Occupations Code, and/or Board Rules, specifically:a. Section 'I64.05I(a)(4) of the Act authorizes the Board to take disciplinaryaction against Respondent based on Respondent's inability to practice medidne. with reasonable skill and safety to patients because of illness; drunkennt;ss;excessive use of drugs, narcotics, cheIJJ.icals, or another substance; or as a result ofany mental or physical condition.b. Section 164.052(a)(5) of t11e Act. authorizes t11e Board to take disciplinaryaction against Respondent based on Respondent's unprofessionalor. dishonorable condl1ct that is likely to deceive or defraud the public, as providedby Section 164.053, or injure the public, as. further· defined by Board Rulel 90.8(2)(R), commission of a violation of foderai and state laws whether or notthere is a complaint, indictment, or conviction: (xii), substance abuse or substancediversion.tI.r[Jif.'. t. V. AGGRAVATING AND MITIGATING FACTORSBoard Rule 190.14 provides that the Board may impose more restrictive sanctions whenthere are multiple violations of the Act. Board Rule 190.15 provides that the Board may consider!. Iaggravating factors that wanant more severe or restrictive disciplinary action. This case includesthe aggravating factors of: increased potential for harm to the public and other relevantcircumstances increasing the seriousness of the misconduct.Board staff is not aware of any mitigating factors that apply and demands thatRespondent submit ·proof to substantiate any alleged mitigating factors .Page 5 of9I

Vl. NOTICE TO RESPONDENTIF YOU DO NOT FILE A VVRITTEN ANSWER TO THIS COMPLAINT WITH THESTATE OFFICE OF ADlV.IINJSTRATIVEHEARINGS WITHIN 20 DAYS AFTER THEDATE OF RECEIPT, A DEFAULT ORDER MAY BE ENTERED AGA NST YOU,WHICH MAY INCLUDE THE DENIAL OF LICENSl:JRE OR ANY OR ALL OF THE"REQUESTED SANtTIONS, INCLUDING THE REYOCATION OF YOUR LICENSE.A COPY OF ANY ANSWER YOU FILE WITH THE. STATE OFFICE OFADMINlSTRATIVE HEARINGS SHALL ALSO BE PROVIDED TO THE HEARINGSCOORDINATOR OF THE TEXAS MEDICAL BOARD .·.VII. PRAYERBoard Staff requests that an administrative law judge employed by the State Office ofAdministrative Hearings conduct a contested case heMilg on the merits of !J1e Complaint, and· issue a Proposal for Decision containing Findings of Fact and ConcJusions of Law necessary tci-.-.··--support a detennination that Respondent violated the Act and Board Rules as set forth in thisComplaint.IlrII'IIIiift IlIIIRespectfyliy submitted,ITEXAS MEDICAL BOARDICHRISTOPHER PALAZOLALitigation Manager .SUSA! RODRIGUEZI.Supervising AttorneyI ·.uBy:Nancy S. ElmiJady Attorney-in-ChargeTexas State Bar No. 24043111nancy.elmilady@tmb.state.tx.us!;'age 6 of9

Telephone: (512) 305-7082FAX: (512) 305-7007 .· 333 Guadalupe, Tower 3, Suite 610Austin, Texas 78701. §.THE STATE OF TEXAS§§COUNTY OF TRAVISSUBSCRIBED AND SWORN to before fue by the said Nancy S. Elmilady, on2011.· ·.·r:t11g us-r- :z.1,Notary withoqt Bond.:.itt!II[ IPage 7 of9I'

/Filed with theTexaS Medic IJ Boan! onHuffr;1/ ,2017.Jittd Scott Freshour, J.D. ·Interim Executive DirectorTexas Medical Board·I I. l!iiI'!Il\1·Ili!!iiI'I-IIIPage 8 of9

CERTIFICATE OF SERVICE1 certil}' that on the 23rd day of August 2017, a true and correct copy of the foregoingdocument has been served as foliows:. !IBY E-MAIL: DOCKET(a).SOAH.TEXAS.GOV:Docket ClerkState Office of Administrative HearingsWilliam P. Clements Bldg.Il300 W. 15th Street, Suite 504IAustin, TX 78701-1649JIIBY FIRST CLASS MAIL AND CMRRR NO. 7008 2810 0000 1325 ·1608Leichter Law Finn, P.C.Louis Lcichterl 602 E. 7ih St. .I!IAustin, Texas 78702(Respondent's Attorney).BY FIRST CLASS MAIL AND CMRRRNO. 7008 2810000013251615Suresh Venkayya Dutta, M.D.9712 Mandalay WayHelotes, TX 78023(Respondent)BY HAND DELIVERY TO:Robin Etheridge.IHearings CoordinatorTexas Medical Board333 Guadalupe, T ?wer 3, Suite 610Austin, TX 78701IflIPage 9 of9

HEARING CON.DUCTED BY THETEXAS STATE OFFICE OF ADMJN ISTRATIVE HEARINGSSOAR DOCKET NO. 503-17-5781.MDTEXAS lYfEDICAL LICENSE NO. L-1024BEFORE THE' JN THE MATTER 01 ' THE· COMPLAINT AGAINSTSURESH VENKAYYA DUTTA, M.D.THE TEXAS MEDICAL BOARD.tFIRST AMENDED COMPLAINTTO THE HONORABLE TEXASMEDICAL BOARDI'AND THE HONORABLEADMINISTRATIVE LAW JUDGE BETH BJERMAN:.The Staff of the Texas Medical Board (the Board) fil.es this First· Amended Complaintagainst Suresh Venkayya Dutta, M.D. (Respondent), for alleged violations of the MedicalPractice Act. (the Act), Texas Occupations Code, Title 3, Subtitie B, Chapters 151 to 165 andwould show the following:· L SUMMARY OF FACTUAL.ALLEGATIONSThe Board alleges that Respondent uses alcohol or drugs in an intemperate manner that,in the opinion of the Board, could endanger the Jives of patients. Respondent fs impaired due to·. long:.terrn alcohol abuse. Respondent was noticeably under the influence of alcohol while at his"imedical office and when seeing patients.iIIL LEGAL AUTHORITY AND JURISDICTION1.Respondent is a Texas Physician and holds Texas Medical License No. L-1024that was originally issued on December 8, 2000. Respondent's license was in full force andeffect at all times material and relevant to this Complaint.iPage I of I0.II

2.Respondent received notice of one or more lnformal Settlement Conferences·(!SC). The Board complied with all procedural rnles, including but not limit d to, Board Rulesl 82 and 187, as applicable.3.No agreement to settle this matter has be n reached by the parties.4.All jurisdictional reguirements have been satisfied.5.The filing of this Complaint and the relief requested are necessary to protect thehealth and public interest of the citizens of the State of Texas.III . .APPLICABLE STATUTES AND STATUTORY.VIOLATIONS.i'IThe folJowing Statutes, Rules, and Agency Policy are applicable to the procedures for conduct ofthe hearing this matter:A.General Stututesand Rules:I.Section 164.007( a) of the Act requires that the Board do pt proceduresgoverningformal disposition ofa contested case before the State Office of Adrninistrative Hearings.2.22 TEX.ADMIN.CooE, Chapter 187 sets forth the procedures adopted by. the·Board under the requirement of Section I 64.007(a) of the Act.3.22 TEX. ADMIN. CODE, Chapter 190 sets forth aggravating facrors that warr·ant ·more severe or restrictive action by the Board.4.1 TEX.ADMfN. CODE,CHAPTER 155 sets forth the rules of procedure adopted bySOAH for contested case proceedings.5.1 TEX. ADMIN.CODE,CHAPTER J 55.507, requ.ires the issuance of a Prc: posal forDecision (PFD) containing Findings of Fact and Conclusions of Law.6.Section 164.007(a) of the Act, Board Rule l87.37(d)(2) and Board Rule 190 et.seq., provides the Board with the s Je an

Attorney General of California 2 JANE ZACK SIMON Supervising Deputy Attorney General 3 REBECCAD. WAGNER Deputy Attorney General 4 State Bar No. 165468 455 Golden Gate Avenue, Suite 11000 5 San Francisco, CA 94102-7004 Telephone: (415) 510-3760 6 Facsimile: (415) 703-5480 E-mail: Rebecca. Wagner@doj.ca.gov 7 Attorneys for Complainant FILED