California Professional License Defense Blog

The Los Angeles Bureau of Narcotic Enforcement is ramping up its intense investigation into Southern California doctors that have been over prescribing pharmaceuticals including Oxycontin, Vicodin, Ritalin and other opiate-based narcotics. This year long investigation has uncovered at least one pharmacy in the Los Angeles/Orange County area who was proscribing over 2 million dollars worth of prescriptions from one local physician alone. The Pharmacy Board of California, the Medical Board of California, Medi-Cal Fraud and other local law enforcement agencies are currently prosecuting this and similar cases.

The BNE is required to investigate pharmacists, physicians, nurses and other people who use legal channels to procure pharmaceuticals and in turn sell them illegally. This task force is currently investigating other individuals in Orange County, San Bernardino County and Riverside County for obtaining prescription drugs unlawfully. The number of cases of pharmaceutical scams is increasing, likely the result of the internet.

In response to this problem, the BNE has established a Diversion Program to reduce the number of incidents of drug diversion. This includes increasing the number of agents to enforce the laws of illegally obtained prescriptions, including forged or counterfeit prescriptions, illegal online pharmacies and unlawful prescription writing by licensed physicians, nurses, psychiatrist, dentist, podiatrist, veterinarians, pharmacist and other licensed professionals.

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If you are a physician practicing in Orange County, Los Angeles County, Riverside County, or San Bernardino County you need to know about Penal Code Section § 550(a)(5). Penal Code Section § 550(a)(5) makes it a misdemeanor or felony for any physician, nurse, dentist or any other medical or dental professional to knowingly prepare, make, or subscribe any writing with intent to present or use it in support of any false or fraudulent claim to an insurance company. This can include office visits, urine or blood tests, x-rays, body scans and even minor or major medical procedures that were not performed.

When it comes to your professional license, whether you are a licensed physician practicing in Southern California, a licensed dentist or orthodontist practicing in Orange County, a nurse practicing in Los Angeles or a licensed medical professional practicing in the Inland Empire your license may be in jeopardy if you are convicted of medical fraud or insurance fraud.

If you are arrested for Penal Code Section § 550(a)(5) anywhere in Southern California you may face the following:

Depending on the amount of fraud you could be charged with a felony or misdemeanor. If the fraud is over $400.00 it would be a felony and less than $400.00 would be a misdemeanor.

A Misdemeanor would mean you could possibly spend one year in county jail and a fine of $1,000.00. A Felony conviction would subject you to 2, 3, or 5 years in state prison plus a $50,000 fine or double the amount of fraud, whichever is greater.

If you are contacted by the district attorney’s office, California Medical Board, or other licensing agency you need to contact a medical license defense attorney prior to speaking to any investigating agency. Without proper legal representation, you may face permanent disbarment or revocation of your professional license not to mention possible jail/prison time and substantial fines and fees.

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California physicians soon will be without the option of attending a drug and alcohol treatment program in lieu of any license sanctions or revocations. For the past 27 years, any physician practicing in Orange County or any other county in California was able to treat their addiction for substance abuse by enrolling in a treatment program under the direction of a case worker. Often times, any physician who participated in the diversion program did so anonymously, without the knowledge of the medical board. By allowing California physicians the comfort of knowing their rehabilitation was not going to compromise their license helped those in need seek help.

In Orange County, California there are many exceptional treatment programs that deal with substance abuse and mental health related issues. It is imperative for any physician who feels they need help in controlling their addiction to seek help before the California Medical Board finds them. If the medical board does become aware of any substance abuse issues, a physician will likely be investigated and possibly lose their license.

The impact on physicians practicing in Southern California is significant. Instead of seeking the treatment they need, many will deny the addiction. With this denial, the community for which these highly skilled professionals serve will be at risk. And once this risk is assessed, the California Medical Board will act. If any physician in Orange County, Los Angeles County, Riverside County or San Bernardino County receives a notice from the California Medical Board regarding possible sanctions, it is imperative to consult with an attorney who can help navigate these treacherous waters.

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