Haim Bicher, M.D. operates the Valley Cancer Institute (VCI) in Los Angeles. Since 1998, the Institute’s home page has described it as “one of the largest non-profit hyperthermic research and patient treatment center in the USA.”
The Medical Board of California has disciplined Bicher four times. In 1995, the Board filed an accusation that ultimately resulted in an order for 18 months’ probation from 1995 to 1997. In 2004, in response to new charges, an Administrative Law Judge made a convoluted ruling that included both positive and negative findings. On one hand, he concluded that Bicher (a) was professionally competent, (b) had achieved considerable professional recognition, and (c) was “deeply dedicated to his patients, and to the practice and advancement of medicine.” On the other hand, he concluded that Bicher had (a) been grossly and repeatedly negligent, (b) failed to maintain adequate records, and (c) exaggerated the value of hyperthermia. (Hyperthermia is a type of cancer treatment in which body tissue is exposed to temperatures of up to 113°F. Local and regional hyperthermia may enhance the effect of radiation and chemotherapy for a few cancers. However, the judge ruled that VCI’s site had improperly claimed that hyperthermia was highly effective on its own and was suitable for anyone at any age.) After considering the judge’s findings, the board placed Bicher on five years’ probation, during which he was required to engage a practice monitor or participate in a professional enhancement program that included periodic assessment of his work. Bicher surrendered his New York State license in 2005.
The third accusation, filed in July 2005, alleged “gross negligence,” “repeated negligent acts,” “failure to maintain adequate and accurate medical records,” and “dishonesty” in billings to Blue Cross of California. In July 2006, Bicher signed a stipulated settlement (shown below) under which he admitted no wrongdoing but agreed to have his probationary period extended for two additional years. During this period, he was required to (a) complete an extensive training and assessment program and (b) refrain from using unconventional hyperthermia or radiation treatment protocols that do not have approval of an Institutional Review Board.
In 2009, Bicher petitioned the Board for early termination of his probation. Following a hearing, an Administrative Law Judge concluded that Bicher had “sustained his burden of proof that he is rehabilitated and entitled to early termination.” The board accepted the judge’s findings and ended Bicher’s probation on November 18, 2009.
In 2019, the board accused Bicher of gross negligence in (a) administering excessive radiation. (b) administering unnecessary hyperthermia to a patient with prostate cancer, and (c) failing to cooperate with a board investigator. Rather than contesting the charges, Bicher surrendered his California medical license.
BEFORE THE
DIVISION OF MEDICAL QUALITY
MEDICAL BOARD OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS
STATE OF CALIFORNIA
| In the Matter of the Accusation Against:
JAMES HAIM ISIDORO BICHER, M.D. Physician’s and Surgeon’s Certificate Respondent. |
| | | | | | | | |
Case No. 04-2003-142240 STIPULATED SETTLEMENT AND Adopted August 23, 2006.
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In the interest of a prompt and speedy settlement of this matter, consistent with the public interest and the responsibility of the Division of Medical Quality, Medical Board of California of the Department of Consumer Affairs, the parties hereby agree to the following Stipulated Settlement and Disciplinary Order which will be submitted to the Division for approval and adoption as the final disposition of the Accusation
PARTIES
1. David T. Thornton (Complainant) is the Executive Director of the Medical Board of California. He brought this action solely in his official capacity and is represented in this matter by Bill Lockyer, Attorney General of the State of California, by E. A. Jones III, Deputy Attorney General.
2. Respondent James Haim Isidoro Bicher, M.D. (Respondent) is represented in this proceeding by attorney Henry Fenton, whose address is Fenton & Nelson, 11835 W. Olympic Blvd., Suite 705, Los Angeles, CA 90064.
3. On or about December 12, 1981, the Medical Board of California issued physician’s and Surgeon’s Certificate No. A37798 to James Haim Isidoro Bicher, M.D. (Respondent). The Certificate was in full force and effect at all times relevant to the charges brought in Accusation No. 04-2003-142240 and will expire on May 31, 2007, unless renewed.
JURISDICTION
4. Accusation No. 04-2003-142240 was filed before the Division of Medical Quality (Division) for the Medical Board of California, Department of Consumer Affairs, and is currently pending against Respondent. The Accusation and all other statutorily required documents were properly served on Respondent on July 12,2005. Respondent timely filed his Notice of Defense contesting the Accusation. A copy of Accusation No. 04-2003-142240 is attached as exhibit A and incorporated herein by reference.
ADVISEMENT AND WAIVERS
5. Respondent has carefully read, fully discussed with counsel, and understands the charges and allegations in Accusation No. 04-2003-142240. Respondent has also carefully read, fully discussed with counsel, and understands the effects of this Stipulated Settlement and Disciplinary Order.
6. Respondent is fully aware of his legal rights in this matter, including the right to a hearing on the charges and allegations in the Accusation; the right to be represented by counsel at his own expense; the right to confront and cross-examine the witnesses against him; the right to present evidence and to testify on his own behalf; the right to the issuance of subpoenas to compel the attendance of witnesses and the production of documents; the right to reconsideration and court review of an adverse decision; and all other rights accorded by the California Administrative Procedure Act and other applicable laws.
7. Respondent voluntarily, knowingly, and intelligently waives and gives up each and every right set forth above.
CULPABILITY
8. Respondent understands and agrees that the charges and allegations in Accusation No. 04-2003-142240, if proven at a hearing, constitute cause for imposing discipline upon his Physician’s and Surgeon’s Certificate.
9. For the purpose of resolving the Accusation without the expense and uncertainty of further proceedings, Respondent agrees that, at a hearing, Complainant could establish a factual basis for the charges in the Accusation, and that Respondent hereby gives up his right to contest those charges. No admissions are made with regard to whether or not the Accusation could be successfully defended by Respondent.
10. Respondent agrees that his Physician’s and Surgeon’s Certificate is subject to discipline and he agrees to be bound by the Division’s imposition of discipline as set forth in the Disciplinary Order below.
RESERVATION
11. The admissions made by Respondent herein are only for the purposes of this proceeding, or any other proceedings in which the Division of Medical Quality, Medical Board of California, or other professional licensing agency is involved, and shall not be admissible in any criminal or civil proceeding. The limitation of admissibility of the admissions made herein to actions, in which the Division of Medical Quality, Medial Board of California or other professional Licensing agencies are parties, is a material consideration of this Stipulated Settlement for Respondent.
12. This stipulation shall be subject to approval by the Division of Medical Quality. Respondent understands and agrees that counsel for Complainant and the staff of the Medical Board of California may communicate directly with the Division regarding this stipulation and settlement, without notice to or participation by Respondent or his counsel. By signing the stipulation, Respondent understands and agrees that he may not withdraw his agreement or seek to rescind the stipulation prior to the time the Division considers and acts upon it. If the Division fails to adopt this stipulation as its Decision and Order, the Stipulated Settlement and Disciplinary Order shall be of no force or effect, except for this paragraph, it shall be inadmissible in any legal action between the parties, and the Division shall not be disqualified from further action by having considered this matter.
13. The parties understand and agree that facsimile copies of this Stipulated Settlement and Disciplinary Order, including facsimile signatures thereto, shall have the same force and effect as the originals.
14. In consideration of the foregoing admissions and stipulations, the parties agree that the Division may, without further notice or formal proceeding, issue and enter the following Disciplinary Order:
DISCIPLINARY ORDER
IT IS HEREBY ORDERED that Physician’s and Surgeon’s Certificate No. A37798 issued to Respondent James Haim Isidoro Bicher, M.D. is revoked. However, the revocation is stayed and Respondent is placed on probation for two (2) years in addition to the term of probation set forth in the Order in Case No. 04-2000-114479, on the following terms and conditions.
1. CLINICAL TRAINING PROGRAM. Within 60 calendar days of the effective date of this Decision, respondent shall enroll in a clinical training or educational program equivalent to the Physician Assessment and Clinical Education Program (PACE) offered at the University of California – San Diego School of Medicine (“Program”).
The Program shall consist of a Comprehensive Assessment program comprised of a two-day assessment of respondent’s physical and mental health; basic clinical and communication skills common to all clinicians; and Medical knowledge, skill and judgment pertaining to respondent’s specialty or sub-specialty, and at minimum, a 40 hour program of clinical education in the area of practice in which respondent was alleged to be deficient and which takes into account data obtained from the assessment, Decision(s), Accusation(s), and any other information that the Division or its designee deems relevant. Respondent shall pay all expenses associated with the clinical training program.
Based on respondent’s performance and test results in the assessment and clinical education, the Program will advise the Division or its designee of its recommendation(s) for the scope and length of any additional educational or clinical training, treatment for any Medical condition, treatment for any psychological condition, or anything else affecting respondent’s practice of medicine. Respondent shall comply with Program recommendations.
At the completion of any additional educational or clinical training, respondent shall submit to and pass an examination. The Program’s determination whether or not respondent passed the examination or successfully completed the Program shall be binding.
Respondent shall complete the Program not later than one year after respondent’s initial enrollment unless the Division or its designee agrees in writing to a later time for completion.
Failure to participate in and complete successfully all phases of the clinical training program outlined above is a violation of probation.
If respondent fails to complete the clinical training program within the designated time period, respondent shall cease the practice of medicine within 72 hours after being notified by the Division or its designee that respondent failed to complete the clinical training program.
Failure to participate in and complete successfully the professional enhancement program outlined above is a violation of probation.
2. PRACTICE LIMITATION. During probation, respondent must seek and obtain Institutional Review Board (IRB) approval and comply with any IRB protocol obtained, including seeking written informed patient consent, before performing or treating patients with the following medical procedures: use of daily hyperthermia treatments, measurement of hyperthermia that does not involve insertion of the thermometry probe directly into the tumor, and administration of radiotherapy using unconventional fraction sizes and/or unconventional radiation doses.
Respondent shall maintain a log of all patients for whom the IRB protocol required written informed patient consent was made. The log shall contain the: 1) patient’s name, address and phone number; 2) patient’s medical record number, if available; 3) the full name of the person making the notification; and 4) the date the notification was made. Respondent shall keep this log in a separate file or ledger, in chronological order, shall make the log available for immediate inspection and copying on the premises at all times during business hours by the Division or its designee, and shall retain the log for the entire term of probation. Failure to maintain a log as defined in the section, or to make the log available for immediate inspection and copying on the premises during business hours is a violation of probation.
Respondent shall maintain a copy of the IRB protocols and the executed written informed patient consent in the individual patient’s file, shall make them available for immediate inspection and copying on the premises at all times during business hours by the Division or its designee, and shall retain them for the entire term of probation. Failure to maintain the IRB protocols and the executed written informed patient consents as defined in this section, or to make them available for immediate inspection and copying on the premises during business hours is a violation of probation.
3. All of the terms and conditions of the Board’s Decision in Case 04-2000-114479, dated August 31, 2004, and effective September 30, 2004, remain in effect with the exception of term 9 (Cost Recovery). This order does not affect the application of Business and Professions Code section 2307, subdivision (b )(2); the computation of time for filing any petition for modification of penalty runs from September 30, 2004.
ACCEPTANCE
I have carefully read the above Stipulated Settlement and Disciplinary Order and have fully discussed it with my attorney, Henry Fenton. I understand the stipulation and the effect it will have on my Physician’s and Surgeon’s Certificate. I enter into this Stipulated Settlement and Disciplinary Order voluntarily, knowingly, and intelligently, and agree to be bound by the Decision and Order of the Division of Medical Quality, Medical Board of California.
DATED: _______________________
JAMES HAIM ISIDORO BICHER, M.D.
Respondent
BILL LOCKYER, Attorney General of the State of California
D. KENNETH BAUMGARTEN, State Bar No. 124371
Deputy Attorney General
California Department of Justice
110 West” A” Street, Suite 1100
San Diego, California 92101
P.O. Box 85266
San Diego, California 92186-5266
Telephone: (619) 645-2195
Facsimile: (619) 645-2061
Attorneys for Complainant
This page was revised on March 25, 2020.
