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      <title>California Professional License Defense Blog</title>
      <link>http://www.californiaprofessionallicensedefenseblog.com/</link>
      <description>Published by Law Office of Pilchman &amp; Kay, P.L.C.</description>
      <language>en</language>
      <copyright>Copyright 2009</copyright>
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            <item>
         <title>Contractor Going to Prison for Diversion of Construction Funds</title>
         <description><![CDATA[<p>Ira Messing, 61 owner of Hall of Fame Design and Remolding was sentenced to 3 years and 4 months in prison and ordered to pay $845,000.00 in victim restitution.  Messing plead to 15 felony counts of diverting construction funds when he contracted with 15 homeowners to install sunrooms in their homes.  Instead of using the money to complete the construction projects, Messing used their money to complete older jobs.</p>

<p>Messing was arrested in Kansas and waived extradition to Orange County where he was sentence.</p>]]></description>
         <link>http://www.californiaprofessionallicensedefenseblog.com/2009/05/contractor_going_to_prison_for.html</link>
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         <category>Pro License</category>
         <pubDate>Sun, 31 May 2009 09:38:44 -0800</pubDate>
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            <item>
         <title>Orange County Plastic Surgeon Has License Revoked</title>
         <description><![CDATA[<p>Dr. Brian West, of Huntington Beach will lose his California Medical License next month after allegations of negligence and a “pattern of dishonesty.”  West, who performed surgeries throughout Southern California declined to comment.</p>

<p>Dr. West is accused of gross negligence in a 2000 breast cancer breast reconstruction.  The patient had a mastectomy on one breast and wanted Dr. West to perform a lift on her other breast to match.  According to reports, West reduced her breasts from D cups, leaving one a C cup and the other a B cup.  The patient says she did not give West permission to reduce her breast size. The California Medical Board agreed with the patient.</p>

<p>In addition, Dr. West was arrested for suspicion of DUI in 2000.  In this case, West was on his way to see a patient in the hospital when he was involved in a traffic accident.  West had a BAC of .19.  When questioned by a California Medical Board investigator, West denied he was on the way to the hospital despite a letter of apology he had written to the patient admitting he was.</p>

<p>In 2005, West was placed on probation following two convictions for VC 23152 (a) & VC 23152 (b)- driving under the influence as well as dishonesty.  Due to lack of acknowledgment to his errors and the breast patient dishonesty, the board decided to revoke his license rather than extend probation.</p>]]></description>
         <link>http://www.californiaprofessionallicensedefenseblog.com/2009/05/orange_county_plastic_surgeon.html</link>
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         <pubDate>Fri, 29 May 2009 16:38:29 -0800</pubDate>
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         <title>$ 9 Million Medicare and Medi-Cal Fraud Scam </title>
         <description><![CDATA[<p>California Attorney General Edmund Brown Jr. filed charges against 6 people working with “We Care” hospice in Sherman Oaks.  Included in those who had arrest warrants issued were two California physicians, and the owner of “We Care.”  All defendants are to appear in Los Angeles Superior Court. If convicted on all counts, the defendants could receive up to nine years in prison. </p>

<p><br />
The six individuals were involved in getting healthy seniors to be admitted into a hospice for terminally ill and then bill the California and the Federal Government for procedures never performed.  The total the six individuals were responsible for billing $9 million and used the money to purchase homes and cars.  The Delmendo family alone spent $1.7 million cash for a luxury home.</p>

<p>Of those arrested were:</p>

<p>Milagros Delmendo, 58, of Northridge and the owner of “We Care.”  She was charged with four counts of grand theft, presenting false Medi-Cal claims, making fraudulent claims to the government, and paying unlawful remuneration. </p>

<p><br />
- Kristina Delmendo Deguzman, 31, of Northridge and daughter of Milagros Delmendo.  She was charged with three counts of grand theft, presenting false Medi-Cal claims, and making fraudulent claims to the government. </p>

<p>- Mark Delmendo, 28, of Studio City and son of Milagros Delmendo.  He was charged with three counts of grand theft, presenting false Medi-Cal claims, and making fraudulent claims to the government. </p>

<p>- Nolan Jones, M.D., 60, of Los Angeles, on three counts of grand theft, presenting false Medi-Cal claims, and making fraudulent claims to the government. </p>

<p>- Anselmo Alliegro, M.D., 78, of Dundalk, Maryland, on three counts of grand theft, presenting false Medi-Cal claims, and making fraudulent claims to the government. </p>

<p>- Ramon Parayno, 46, of Studio City, on two counts of grand theft and paying unlawful remuneration. </p>]]></description>
         <link>http://www.californiaprofessionallicensedefenseblog.com/2009/05/9_million_medicare_and_medical.html</link>
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         <category></category>
         <pubDate>Sun, 24 May 2009 13:58:05 -0800</pubDate>
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         <title>Charges Filed Against Three for Illegally Furnishing Controlled Substances to Anna Nicole Smith</title>
         <description><![CDATA[<p>Howard K. Stern, Dr. Khristine Eroshevich and Dr. Sandeep Kapoor were charged with “engaging in a criminal conspiray to illegally furnish” controlled substances to Anna Nicole Smith.</p>

<p>Over a period of three years, Dr. Eroshevich and Dr. Kapoor falsified prescriptions and furnished thousands of prescription pills to Smith, often for no legitimate medical purpose. Howard K. Stern funneled those medications to Anna Nicole Smith. </p>

<p>Eleven felony counts were filed Thursday by the Los Angeles County District Attorney's Office.  It is unknown whether the California Medical Board has initiated any independent investigation on the doctors.</p>

<p>Counts 1-3: Each defendant was charged with conspiracy counts for prescribing, administering, and dispensing controlled substances to an addict; obtaining a controlled substances by fraud, deceit, or misrepresentation; obtaining a controlled substance by false name or address; issuing a prescription that is false or fictitious; and repeatedly and excessively prescribing, furnishing, dispensing, or administering drugs. </p>

<p>Count 4: Howard K. Stern and Dr. Kapoor were charged with unlawfully prescribing a controlled substance. </p>

<p>Count 5: Howard K. Stern and Dr. Eroshevich were charged with unlawfully prescribing a controlled substance. </p>

<p>Count 6: Dr. Kapoor was charged with obtaining a prescription for opiates by fraud, deceit, or misrepresentation. </p>

<p>Count 7: Dr. Eroshevich was charged with obtaining a prescription for opiates by fraud, deceit, or misrepresentation. </p>

<p>Count 8: Dr. Kapoor was charged with obtaining a prescription for opiates by giving a false name or address. </p>

<p>Count 9: Dr. Eroshevich was charged with obtaining a prescription for opiates by giving a false name or address. </p>

<p>Count 10: Howard K. Stern and Dr. Kapoor were charged with prescribing, administering, or dispensing a controlled substance to an addict. </p>

<p>Count 11: Dr. Eroshevich was charged with prescribing, administering, or dispensing controlled substances to an addict. </p>]]></description>
         <link>http://www.californiaprofessionallicensedefenseblog.com/2009/03/charges_filed_against_three_fo.html</link>
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         <pubDate>Mon, 30 Mar 2009 14:25:58 -0800</pubDate>
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         <title>California Attorney General Charges Two OC Women with Loan Modification Fraud</title>
         <description><![CDATA[<p>ORANGE COUNTY, CA- Attorney General Edmund G. Brown Jr. today announced the arrest of Mary Alice Yraceburu and Marianne Curtis.  Both women are accused of conning over one hundred people out of thousands of dollars for non-existent loan modification services.   </p>

<p>"These scam artists coldly and heartlessly preyed on Californians desperate for help in saving their homes," Attorney General Brown said. "Homeowners in financial trouble have to be on guard against loan modification fraud, so they don't make a bad situation worse." </p>

<p>The AG filed 49 felony charges Orange County Superior Court against Mary Alice Yraceburu, 45, of Riverdale and Marianne Curtis, 67, of Costa Mesa. </p>

<p>Yraceburu was arrested today in Fresno County and Curtis was arrested today in Orange County.  Both women, convicted felons who have previously been to prison face the following charges: </p>

<p>- 24-counts of grand theft; <br />
- 25-counts of violations of California's foreclosure consultant statutes; <br />
- One special allegation that the total value of theft was over $65,000; <br />
- One special allegation that the total value of theft was over $100,000; </p>

<p>If convicted on all charges the women face 21 years in prison.</p>

<p>The two women operated a company called Foreclosure Freedom.  FF sent hundreds of fliers to California residents promising to help stop foreclosure action on their homes.  , The fliers read: "FINAL NOTICE - Respond only to this notice immediately." This is similar to First Gov scam, which the Attorney General stopped late last year. </p>

<p>When homeowners called, they were told their mortgages could be renegotiated to a lower monthly payment.  However, they were required to pay thousands of dollars in up-front fees and were instructed not to contact their lenders.  Investigators found no evidence of any successful loan modifications and most of the victims were either forced into bankruptcy or lost their homes to foreclosure.</p>]]></description>
         <link>http://www.californiaprofessionallicensedefenseblog.com/2009/03/california_attorney_general_ch.html</link>
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         <pubDate>Mon, 30 Mar 2009 14:24:28 -0800</pubDate>
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         <title>UCI Anesthesiologist Accused of Gross Negligence &amp; Incompetence</title>
         <description><![CDATA[<p>University of California, Irvine anesthesiologist, Dr. Peter H. Breen has been accused by state regulators of gross negligence and incompetence after allegedly falsifying medical records and assigning a resident to work in the operating room when Dr. Breen’s and was in a cast.</p>

<p>Dr. Breen was the former head of the anesthesiology department at the Orange County University, however, he still works at the UCI hospital.  The California Medical board has leveled the allegations against the Irvine physician and Dr. Breen faces suspension or revocation.  <br />
</p>]]></description>
         <link>http://www.californiaprofessionallicensedefenseblog.com/2008/11/uci_anesthesiologist_accused_o.html</link>
         <guid>http://www.californiaprofessionallicensedefenseblog.com/2008/11/uci_anesthesiologist_accused_o.html</guid>
         <category>Pro License</category>
         <pubDate>Wed, 12 Nov 2008 14:08:14 -0800</pubDate>
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         <title>Orange County Physician Surrenders License in Fraud Case</title>
         <description><![CDATA[<p>The California Medical Board reported Dr. Paul Lessler, 70 surrendered his California medical license after pleading guilty to Medicare fraud.</p>

<p>Dr. Lessler, of Newport Beach operated a medical clinic, University Pain Specialists, where he hired recruiters to find patients to receive unnecessary respiratory treatments.  Prosecutors alleged the Orange County doctor’s scam billed Medicare $12 million for such treatments.  In May 2007, Lessler pleaded guilty to three felony counts of conspiracy and health care fraud charges. </p>

<p>As a result of his medical insurance fraud convictions, the California Medical Board sought to revoke Lessler’s medical privileges.  In July, Lessler agreed to give up his California Medical License with a signed stipulation with the board.</p>]]></description>
         <link>http://www.californiaprofessionallicensedefenseblog.com/2008/09/orange_county_physician_surren.html</link>
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         <category>Pro License</category>
         <pubDate>Tue, 02 Sep 2008 14:04:12 -0800</pubDate>
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         <title>Upland Doctor Arrested for Smuggling Drugs</title>
         <description><![CDATA[<p>Vinod Patwardhan, an Upland doctor was charged with allegedly smuggling unapproved drugs into the United States from India.  Dr. Patwardhan is a board certified physician who specializes in oncology and hematology.  His hospital privileges include hospitals in the cities of Pomona, Chino, Montclair and Ontario.</p>

<p>According to the federal complaint, Patwardhan treated over 30 patients being treated for cancer by administering partial doses of illegal drugs as part of their chemotherapy.  His employees allegedly told authorities that instead of treating his patients by full doses, he would administer half doses and share single vials between two patients.</p>

<p>Patwardhan did tell authorities that he has brought over hundreds of thousands of dollars from India and Honduras.  The narcotics were allegedly transferred in a gym back and Nordstrom bags.  </p>

<p>It is speculated that Dr. Patwardhan saved between $150-$200 per vial or over $1 million over the past six to seven years.</p>

<p>Dr. Patwardhan was charged with one count of delivering misbranded drugs into interstate commerce with the intent to defraud or mislead. If convicted, he could receive a maximum of three years in federal prison.  Patwardhan was released on $2 million bond his arraignment is set for Sept. 17.</p>

<p>It is unclear if his hospital privileges have been suspended or what action the California Medical Board is taking.</p>]]></description>
         <link>http://www.californiaprofessionallicensedefenseblog.com/2008/08/upland_doctor_arrested_for_smu.html</link>
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         <category>Pro License</category>
         <pubDate>Mon, 18 Aug 2008 14:26:17 -0800</pubDate>
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         <title>Los Angeles Physician Arrested on Sex Charges</title>
         <description><![CDATA[<p>Dr. Kevin Brown was arrested by the Los Angeles Police Department on accusations that he molested eight patients, one of them being 15.  Dr. Brown was arrested July 8, 2008 and was charged with sexual battery and exploiting his position as a physician involving incidents relating to a female patient and under cover police officer posing as a patient.</p>

<p>Dr. Brown is widely respected in the medical community for his charitable contributions including his disaster-relief medical charity, Urban Health Institute.  Those closest to Brown are shocked and vow to stand behind him.</p>

<p>The Los Angeles County District Attorney’s Office filed 19 felony counts against Brown, including a lewd act on 15 year old, rape, sexual battery and fraud.  Currently, Brown is being investigated by California’s Bureau of Medi-Cal Fraud and Elder Abuse in an alleged health care fraud scheme although he has yet to be charged with any criminal charges.  It is unclear whether the California Medical Board has taken any action against Dr. Brown’s license to practice medicine.</p>

<p>Dr. Brown’s Los Angeles criminal defense lawyers declined to comment.  Dr.  Brown’s bail was set at $4 million due to his connections to Bermuda and their lack of extradition.</p>]]></description>
         <link>http://www.californiaprofessionallicensedefenseblog.com/2008/07/los_angeles_physician_arrested.html</link>
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         <category>Pro License</category>
         <pubDate>Tue, 29 Jul 2008 08:36:29 -0800</pubDate>
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         <title>Anaheim Gynecologist Convicted of Child Molestation</title>
         <description><![CDATA[<p>Dr. Anthony Lee, 64 of Villa Park, an exclusive Orange County neighborhood pleaded guilty to felony charges including sexual battery by fraud, first-degree residential burglary and lewd acts on a minor.  Dr. Lee who had a medical practice in Anaheim was sentenced to three years in state prison and stripped of his California Medical License.</p>

<p>	Dr. Lee, who was friends with the victim’s family visited the minor under the guise of prescribing birth control.  When Dr. Lee arrived at the home, he went upstairs to the victim’s bedroom and told her that he needed to do an exam on her prior to prescribing birth control.  Without any medical equipment or gloves, Dr. Lee digitally penetrated the victim, saying he needed to do so to check for infections.  In addition, Dr. Lee kissed the girl, touched her breasts and manipulated her body into sexual positions telling her he was teaching her techniques men like.</p>

<p>	Besides allegations of the victim who resides in Irvine, two other women came forward and reported Dr. Lee had sexually assaulted them in his Anaheim Office.  The statute of limitations on those crimes has already passed and prosecutors cannot charge Dr. Lee for those crimes.</p>]]></description>
         <link>http://www.californiaprofessionallicensedefenseblog.com/2008/07/anaheim_gynecologist_convicted.html</link>
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         <pubDate>Tue, 15 Jul 2008 11:34:35 -0800</pubDate>
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         <title>Brentwood Physician Charged with Two Felony Counts of Reckless Driving</title>
         <description><![CDATA[<p>Dr. Christopher Thompson, a Brentwood doctor was charged with abruptly stopping his car in front of two cyclist, in what might have been a road rage incident.  Dr. Thompson has previously been investigated for a similar road rage incident against cyclist in March of 2008, according to the Los Angeles Police Department.</p>

<p>	Dr. Thompson faces two felony counts of reckless driving causing injury and battery causing serious  bodily injury in an accident that occurred July 4, 2008.  The Los Angels County District Attorney’s Office is alleging that Thompson slammed on his brakes directly in front of two bicyclist who were riding downhill on Mandeville Canyon Road.  The bicyclist, without time to stop or avoid Thompson’s red Infiniti collided with the vehicle with one rider crashing through the read window and the other crashing to the pavement.  </p>

<p>	Ron Peterson, 40 who crashed through the window suffered broken teeth, broken nose and cuts to the face.  Christian Stoehr, 29  suffered a shoulder separation which will require surgery.  Both riders describe riding down the hill when they heard a honk and someone yell profanities at their direction.  The car that honked, then pulled right in front of them and immediately slammed on their brakes.</p>

<p>Thompson, who lives on Mandeville Canyon Road is an owner of a medical documentation company in Woodland Hills.  Thompson is out on bail and is awaiting a court date on August 1, 2008 where he will be arraigned on the felony complaint.  If convicted, Thompson faces up to 7 years in prison.  </p>

<p>In addition to any criminal charges, Dr. Thompson also faces discipline by the California Medical Board.  Such discipline can include license suspension all the way to total revocation of all privileges to practice medicine in the state.<br />
</p>]]></description>
         <link>http://www.californiaprofessionallicensedefenseblog.com/2008/07/brentwood_physician_charged_wi.html</link>
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         <category>Pro License</category>
         <pubDate>Sun, 13 Jul 2008 11:32:59 -0800</pubDate>
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         <title>Orange County Attorney and Accountant Indicted on $154 Million Surgery Center Scam</title>
         <description><![CDATA[<p>Roy Chester Dickson of Yorba Linda, California was indicted by the Orange County Grand Jury on 106 felony counts including money laundering, grand theft, insurance fraud and making false or fraudulent claims.  Dickson, an attorney is accused of being a player in the Unity Outpatient Surgery Center scam where three Southern California physicians, Dr. Mario Rosenberg, Dr. Michael Cheeluen and Dr. William Wilson Hapton Jr. are also charged.  According to prosecutors, Dickson has been involved in similar criminal conduct in other surgery center clinics in southern California.</p>

<p>Also indicted was Andrew Robert Harnen, the surgery center accountant and bookkeeper.  Harnen is accused of filing false tax returns and failing to report over $6 million, paying the doctors and recruiters for their participation in the Unity scam.</p>

<p>According to prosecutors, Unity is the biggest insurance fraud scam in the history of the U.S. with a loss of over $150 million.  In this particular scam, the defendants are accused of recruiting over 2,800 healthy people, who from August 2002 to April 2003 traveled to Buena Park to undergo unnecessary medical procedures.  In return, the patients received payments between $300-$1,000 per procedure.  </p>

<p>Dickson and Harned are being held on $2 million bail and are scheduled to appear in court for their arraignment on July 10, 2008.</p>]]></description>
         <link>http://www.californiaprofessionallicensedefenseblog.com/2008/06/orange_county_attorney_and_acc.html</link>
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         <category>Pro License</category>
         <pubDate>Sat, 28 Jun 2008 08:29:55 -0800</pubDate>
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         <title>California Medical Board Seeks to Take Action Against Surgeon</title>
         <description><![CDATA[<p>San Francisco transplant surgeon Dr. Hootan Roozrokh is being accused by the California Medical Board of administering large quantities of pain medicine to a prospective organ donor.  The allegations stem from the death of 25-year-old Ruben Navarro who was going to have his organs donated upon death.  Under state law, a transplant physician cannot be in the operating room of a potential donor until that donor is pronounced dead.  The state board complaint further alleges Dr.  Roozrokh was "actively monitoring the patient's vital signs for a determination of death."</p>

<p>In addition to the actions taken by the California Medical Board, Dr. Roozrokh’s also faces criminal charges in San Luis Obispo for felony dependent adult abuse in the death of Mr. Navarro.  If convicted at trial, Dr. Roozrokh could be sentenced to prison.</p>]]></description>
         <link>http://www.californiaprofessionallicensedefenseblog.com/2008/06/california_medical_board_seeks.html</link>
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         <category>Pro License</category>
         <pubDate>Thu, 19 Jun 2008 09:23:29 -0800</pubDate>
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         <title>Brown Announces 24 Year Sentence In $7 Million San Diego Mortgage Scam</title>
         <description><![CDATA[<p>Theodore Swain, 60 was sentenced to 24 years in state prison for stealing $7 million dollars in a Ponzi scheme bilking 100 investors in Southern California.  In addition to his prison sentence, Mr. Swain was ordered to pay $6.7 million dollars in restitution to his victims.  </p>

<p>Mr. Swain has had a “history of ripping people off with his worthless investment schemes,” says California Attorney General Edmund Brown.  “Most recently, he convinced 99 consumers, including a doctor, lawyer and aerospace engineer, to invest tens of thousands of dollars in property which does not exist.”</p>

<p>Between 2003 and 2006, Mr. Swain convinced consumers to invest $1,000 to $1000,000 in mortgage certificates which never existed.  Swain was able to manufacture documents, which promised 10% annual returns on real estate projects.  “This was a very convincing Ponzi scheme,” said Deputy Attorney General Tawnya Boulan who prosecuted the case jointly with the California Department of Corporations. “Swain was very persuasive and ripped off sophisticated investors by maintaining an appearance of success.” </p>

<p> As is typically done in Ponzi schemes, Swain used new investor capital to pay older investors, allowing him to continue with the fraud for several years.  Swain also failed to disclose pertinent investor information allowing his investors to make informed decision in violation California law.   </p>

<p>A San Diego jury found Mr. Swain guilty of 15 counts of fraud, 6 counts of grand theft, 3 counts of securities fraud and 3 counts of elder financial abuse.  In addition to the substantive charges, Mr. Swain was convicted of sentencing enhancements related to securities fraud called white collar crime enhancements. </p>]]></description>
         <link>http://www.californiaprofessionallicensedefenseblog.com/2008/06/brown_announces_24_year_senten.html</link>
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         <category>Pro License</category>
         <pubDate>Mon, 09 Jun 2008 09:43:52 -0800</pubDate>
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         <title>California Cracking Down on Prescription Drug Abuse</title>
         <description><![CDATA[<p>California Attorney General Edmund Brown announced that the state of California was going to create an online database to track prescription drug history in an effort to curb abuse by drug dealers and people who go to several doctors to get several dangerous prescription drugs.</p>

<p>The prescription drug database will give California pharmacists and physicians a real time glimpse of patients prescription history.  This technology will help fight prescription drug abuse in California and reduce a financial burden on medical insurance companies.  In addition, it will reduce doctor shopping for those who are addicted to prescription drugs and go to several doctors for the same prescription.</p>

<p>The new database named CURES or Controlled Substance Utilization Review and Evaluation System is set to launch in 2009 at a cost of 3 ½ million dollars.  While California does have the CURES system in place currently, it is not an online database and can take days for pharmacists and physicians to check a patients drug history.  The CURES database carries information of over 86 million schedule II,III, and IV prescription drugs such as Morphine, Vicodin, Oxycodone, Methadone, Codeine</p>

<p>A representative of the California State Board of Pharmacy is quoted as saying "The California State Board of Pharmacy has long been a strong supporter of the CURES system. This new system will reduce drug diversion from pharmacies--it is an important enhancement to patient care and law enforcement."</p>]]></description>
         <link>http://www.californiaprofessionallicensedefenseblog.com/2008/06/california_cracking_down_on_pr.html</link>
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         <category>Pro License</category>
         <pubDate>Mon, 09 Jun 2008 09:42:22 -0800</pubDate>
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