SAN DIEGO, Calif. — The Medical Board of California has ordered a plastic surgeon who has offices in Scripps Ranch and Encinitas to stop practicing after he tested positive for alcohol three times during a 10-day span in violation of his probation.
“This has gone on with these disciplinary actions that have gone on for four, five, and six years. How many patients have been impacted by this? We'll never know,” said Michele Monserratt-Ramos, a patient advocate at Consumer Watchdog.
Dr. Abhay Gupta, who did not return requests for comment, has been on the medical board’s radar since 2019, when he pleaded guilty to a misdemeanor for driving under the influence of alcohol.
Medical board records reviewed by Team 10 show Gupta received a cease practice order in April that temporarily bans him from practicing medicine after he failed three biological fluid tests in March.
- ER physician mandated to do drug and alcohol testing after slurring words at work
- Anesthesiologist keeps medical license after being caught high on the job
In 2024, state records show he skipped two mandatory substance tests and that same year he tested positive for alcohol three separate times.
He paid a $350 fine and received two more years of probation for his conduct.
Monserratt-Ramos said the surgeon has been given too many chances by the medical board, which she feels is too lenient toward substance-abusing physicians.
“They truly believe in the ability to rehabilitate a physician.”
Monserratt-Ramos, who oversees the Kathy Olsen Patient Empowerment Project, has spent years lobbying for greater patient protections. For her, the issue is personal.
- ER physician mandated to do drug and alcohol testing after slurring words at work
- Anesthesiologist keeps medical license after being caught high on the job
- Proposed secret rehab program for doctors goes before state Senate
“I lost my fiancé to a botched surgery due to a substance-abusing physician. Later, after the fact, (I) found out that his surgeon was addicted to crack cocaine.”
Proposed confidential rehab program
The patient advocate said the public may never have learned about Gupta’s probation violation if a proposed bill on physician substance abuse becomes law.
The bill, AB 408, would allow the medical board to establish a confidential rehab program for physicians.
“If this legislation should pass, we would never know, which means his patients would never know any of this was occurring.”
The medical board contends the goal of the program is to get substance-abusing physicians who are not on the agency’s radar into rehab before a patient gets harmed.
But critics like Monserratt-Ramos, who successfully fought for the state to abolish a previous diversion program, fear patients will be left in the dark once public disclosure is eliminated.
“Families should have the right to know if their physician is a substance-using physician.”
Medical board spokesperson Alexandria Schembra said the agency is sponsoring AB 408 so early action can be taken to treat and monitor physicians for substance use issues or other health conditions that impair their ability to practice safely.
“Approving this legislation will greatly enhance our ability to protect the public and prevent patient harm. In addition, we have previously requested law changes that would reduce the amount of evidence needed to discipline a physician for unprofessional conduct. To date, the legislature has not approved these proposals.”
