California Professional License Defense Blog

Officers serving an arrest warrant for Santa Barbara physician Julio Diaz searched his stepson’s room and found jars of marijuana, hash, firearms and large quantities of cash. Diaz’s stepson, Jose Trinidad was living with Diaz and was subsequently arrested for narcotic trafficking.

Julio Diaz was arrested Tuesday for allegedly writing prescriptions for Oxycontin to individuals who are drug addicts. Many who sought prescriptions from Diaz have overdosed. In addition, the affidavit stated two female patients admitted to getting narcotics from Diaz in exchange for sexual favors.

Diaz operated Family Medical Clinic of Santa Barbara. There is not currently any accusation pending by the California Medical Board.

A finding that a California physician committed professional misconduct after engaging in sexual relations with a patient does not require the physician to instigate, request or return the sexual favor, the Court of Appeal of California, Third Appellate District said in an August 31, 2011 ruling in William Joseph Roy, Jr., V. The Superior Court of Sacramento County.

After denying Roy’s petition to vacate a trial court’s decision, the court said the state medical board findings “were not based on speculation or conjecture, but on reasonable inferences derived from the entire body of evidence in the administrative record.”

The case involved Dr. Roy, a gynecological oncologist who was accused of having sexual relations with two female patients in 2007. After his administrative law hearing, the Administrative Law Judge (ALJ) found no discipline was warranted due to the sexual contact in one case was relatively brief, unsolicited, one-sided and that “a physician cannot be held accountable for the unilateral sexual conduct of their patients.”

The California Medical Board rejected the ALJ’s decision, finding there was good cause to impose discipline and ordering a public reprimand of Dr. Roy. In addition, the medical board ordered Dr. Roy to take and complete an ethics course and professional boundaries course.

Roy appealed the non-adoption by the California Medical Board stating he cannot be disciplined by simply being the receiver of sexual favors. The trial court agreed with the board and found Roy’s conduct to constitute “sexual relations” under California Business and Professions Code 726.

Domestic violence arrests and charges have become rather common in criminal court. Those arrested may be esteemed members of our community such as physicians, lawyers, judges, politicians and business owners who have a career at stake. For California physicians who have been arrested for domestic violence, having a skilled criminal defense attorney and California professional license attorney immediately after your arrest may be the difference between having an accusation filed by the California Medical Board or not.

When you get arrested for domestic violence, the standard protocol is that the officer making the arrest issues a 5 day restraining order preventing contact between the victim and suspect. This means that within the 5 days, the prosecuting agency has to decide whether the case is serious enough to require judicial intervention and if so, will seek to extended the restraining order.

Skilled criminal defense attorneys will be able to advise clients of the prudent steps to take to mitigate their damage in criminal court. Additionally, working with a medical license attorney will allow advice on how best to proceed so that the California Medical Board will not initiate an investigation based on the arrest.

The California Medical Board takes all arrests seriously, especially domestic violence. They learn of these arrests after fingerprints are input into a database where the suspect is identified as having a California medical license. The Department of Justice, who maintains the database, then notifies the California Medical Board. In turn, the medical board will contact the licensed physician requesting to set up a meeting.

If you are being investigated by the California Medical Board, you may want to pull out your malpractice policy to see if you have coverage for your defense. Defending your California medical license against the CMB, can be a very costly endeavor. Thus, it might be in your financial interest to see if your policy has coverage.

Some California physicians fear disclosure of a medical board investigation to their insurance carrier may cause their premiums to be increased. While this may be a valid point, keep in mind renewal applications often require disclosure of any such investigations.

Also, many policies allow you to pick your own California Medical Board Attorney rather than being stuck with a panel attorney provided by the carrier. Having the luxury to interview and select a knowledgeable defense attorney you are comfortable with is the first step in keeping your medical license.

The number of Driving Under the Influence of Alcohol or Driving Under the Influence of Drugs arrests climbed in 2011. DUI related arrests totaled 786 compared to 743 last year. Beefed up patrols and checkpoints in Laguna Beach, Huntington Beach, Irvine, Newport Beach, Anaheim and La Habra attempted to get drivers attention and discourage driving under the influence.

An Orange County physician has lost his California medical license for what appears to be a history of overprescribing pain and anxiety medication to a depressed patient who ultimately died of an overdose. Dr. Dariush Javanshir or Irvine, did not contest the California Medical Board’s disciplinary action against him. Dr. Javanshir was not available for comment and his office phone has been disconnected.

Dr. Javanshir had been previously sanctioned by the California Medical Board and has even received a public letter of reprimand as recently as 2004. In May 2007, a patient of Dr. Javanshir’s died from an overdose of propoxyphene, a pain killer. In the month prior to his death, the doctor prescribed over 720 tablets of the pain medication. In addition, Javanshir prescribed 330 tablets of lorazepam.

The California Medical Board is taking a very harsh stance regarding prescribing practices. You can refer to http://www.pilchmankay.com/lawyer-attorney-1681263.html for detailed guidelines regarding prescribing narcotics.

The California Medical Board seems to be filing more and more accusations against California physicians for conduct related to prescription writing. Physicians are now required to take controlled substance continuing educational courses dealing with when and how to prescribe medications for pain.

I get 5-10 calls a week from physicians who are being investigated for failing to follow the guidelines as it relates to prescribing practices. Some of the cases don't get filed, but if they do, major damage to your medical practice can follow.

If you are being investigated by the California Medical Board for prescribing practices or any other matter, feel free to contact our firm for a consultation. Speaking with an attorney can mean the difference between a pubic acknowledgement of medical board sanctions or a non-filing.

Dr. Alvin Mingczech Yee, of Mission Viejo was arrested at his Irvine office on Tuesday night by DEA agents, Orange County Sheriff Deputies and Huntington Beach Police. A 56-count grand jury indictment charges Yee with prescribing drugs outside the usual course of professional practice and without legitimate medical purpose. Authorities say, Yee was often at Starbucks late at night selling prescriptions for cash. Such prescriptions included narcotics such as oxycodone, hydrocodone, vicodin, xanax, adderall and suboxone.

If convicted, Yee faces up to 40 years in federal prison along with a revocation of his California Medical license.

Dr. Yashwant Giri who was arrested in June, 2011 for allegations of sexually abusing two female patients now faces additional charges for a third alleged victim. OCDA prosecutors filed the charges after the alleged woman came forward at the urging of her family and therapist.

The third alleged victim states she was sexually abused in April 2010 in a private room at Placentia-Linda Hospital prior to surgery. According to authorities, Giri was observed by hospital employees of abusing the two initial patients.

If convicted, Giri faces being sentenced to state prison and the loss of his medical license by the California Medical Board

Allegations of sexual abuse by patients is not uncommon and not always substantiated. If you are a physician in California and face similar allegations, it is important that you contact an attorney who is familiar with both, criminal law and California Medical Board.

Dr. Mohammed Taek Kady, 55 from Chula Vista was arrested for operating a “complex, multi-level scheme” that bilked insurance companies by overcharging patients over $200,000 for examinations and prescription pain medication who did not need it.

Starting in 2007, Kady along with two employees were charged with California Penal Code Sections 182(a)(1), 182(a)(4), 487(a) and 550(b)(3) for their part in conspiring to commit medical insurance fraud.

In addition to the above mentioned charges, Kady was also charged with:
One count of Violation of California Welfare and Institutions Code section 14107(b)(4)(A)-Medi-Cal fraud.
Five counts of California Penal Code Section 487(a)- Grand Theft.
Seven counts of California Health and Safety Code section 11153(a)- Illegal Prescribing.
One count of Labor Code 3700.5(a)- Failing to provide worker’s compensation insurance.

Kady came to the authorities attention when a pharmacist at a San Diego pharmacy became suspicious when dozens of people tried to fill their prescriptions at the pharmacy. It turns out, that Kady and the pharmacy owner had an arrangement where Kady would send his patients to the particular pharmacy in exchange for a $3 per prescription kick back. Kady, who has been license since 1997 maintained clinics in Chula Vista and San Diego. If convicted, Kady faces up to 20 years in prison.

Dr. Nathan Kuemmerle, of Hollywood, was arrested by Redondo Beach Police and special agents with DEA. Kuemmerle runs a clinic in West Hollywood where he is alleged to have been distributing controlled substances by writing thousands of prescriptions for highly addictive patients.

Both men were charged on April 9, 2010 in United States District Court of conspiracy to distribute controlled substances and actual distribution of controlled substances. Both face up to 20 years in prison.

An investigation began after Redondo Beach Police arrested a man selling Adderall on Craigslist. The man told officers Dr. Kuemmerle was the individual who he obtained prescriptions from, sometimes without an examination and sometimes under an alias. This information was corroborated by other informants which led to an undercover officer posing as a patient and receiving his own prescriptions in exchange for cash.

A Duarte physician was sentenced to 48 months in federal prison for dispensing massive amounts of powerful and addictive painkillers including oxycodone and hydrocodone without examining patients. Dr. Daniel J. Healy received cash for the pills he was dispensing out of his office.

Healy, of Arcadia was arrested in 2009. Judge Manuel Real sentenced Dr. Healy to 500 hours of community service and 10 years of supervised release after he completes his prison sentence.

According to reports, from January 2005 to February 2009, Dr. Healy ordered and dispensed large amounts of painkillers to patients he did not examine. No physician in the nation purchased more hydrocodone pills than Healy. Prosecutors also say Healy profited off the purchase and sale of hydrocodone to the tune of $680,000 in 2008 alone.

On July 6, 2009, Dr. Healy plead guilty to 1 count of knowingly and intentionally distributing the painkiller oxycodone outside the usual course of professional practices and without legitimate medical purpose.