California Professional License Defense Blog

Orange County Physician Charged with 24 Felonies

Mon, 09 Apr 2012 07:08:52 -0800

Irvine police say Orange County physician, Brian Swan, 42 allegedly wrote prescriptions for amphetamines and other pills for a girlfriend and an ex-girlfriend with the intention of using the drugs himself. He is charged with burglary and forging prescriptions.

Authorities say Dr. Swan used his ex's name at several pharmacies to get the prescriptions filled. When the insurance company denied the order, the pharmacist confronted Dr. Swan who immediately fled the pharmacy. The pharmacist contacted Irvine Police Department who investigated.

During the investigation, police detective learned the ex had no knowledge of the prescriptions and denied any need. Upon further investigation the officers learned Dr. Swan had also used the name of his current girlfriend to get the same prescriptions. However, the current girlfriend admitted getting the prescriptions but stated they both used the pills.

The California Medical Board has placed a suspension on Dr. Swan's license preventing him from practicing medicine. In the criminal case, Dr. Swan faces a maximum sentence of 11 years and eight months in state prison if convicted of all counts.

Any California physician who faces criminal charges should immediately contact Pilchman & Kay, PLC for a free consultation. Our experienced attorneys our former prosecutors who currently represent physicians with the medical board as well.

Pilchman & Kay Successfully Defends Physician Against Accusations of Sexual Assault by Patient

Fri, 30 Mar 2012 06:59:21 -0800

Attorneys Anita A. Kay and Courtney E. Pilchman have successfully defended a California physician against claims of sexual assault by multiple patients. The client was charged with multiple counts of Penal Code Section 243.4(c), which is the common code section used to charge physicians accused of sexual assault. If convicted, the client would have faced state prison, registration as a sexual offender and revocation of his medical license.

According to the client, his practice and integrity within the medical community has been restored as a result of the representation he received from Pilchman & Kay.

The duo of Pilchman & Kay are former sex crime prosecutors who know exactly how to defend physicians against sex abuse claims. They are smart, aggressive and skilled in the art of negotiation and trial. Their reputation has earned them the respect of judges and prosecutors and has made them the premier law firm for defending California physicians.

Fullerton Doctor Disciplined by California Medical Board

Sat, 03 Mar 2012 07:21:44 -0800

Dr. Jeffrey Dell, of Fullerton was sanctioned by the California Medical Board for having a sexual relationship with a patient, as well as improperly prescribing her “dangerous” medications.

Dell has agreed to a stipulation with the board, which will allow him to keep practicing. The terms of the stipulation include placing him on probation for 5 years, having a third party chaperone, taking an ethics course, medical record keeping course and prescribing course, as well as enrolling in a professional boundaries program.

Dr. Dell began treating patient T.J. in 1995 as her primary care physician. In 1998, T.J. presented with anxiety due to the dissolution of her marriage. After a follow up visit, Dr. Dell invited T.J. out for a glass of wine. Soon after, a long term relationship began.

In July of 2008, T.J. received a phone call from T.A. telling her she had been having a sexual relationship with Dr. Dell for the past 18 months as well as telling her Dr. Dell was still married. T.J. terminated the relationship. T.J. went on to file a complaint against Dr. Dell through St. Jude Heritage Medical Group for sexual misconduct by a physician.

As a California Medical Board Defense Attorney, I can tell you how seriously the medical board takes allegations of sexual misconduct. Any California physician who engages in a sexual relationship with a patient will face consequences with the board. Despite the length of the relationship or who the reporting party is, the California Medical Board can and will sanction the physician.

If you have been contacted by a California Medical Board Investigator to sit for an interview, it is in your best interest to contact our firm to assist you and potentially save you from the public exposure and the loss of your license.

Whitney Houston's Death Brings Possible Investigation Into Who Prescribed for Her

Sun, 12 Feb 2012 06:59:29 -0800

The sudden death of another entertainment superstar could bring a criminal investigation of the prescribing practices of physician and patient. Whitney Houston, the music legend died, February 11, 2012 at the Beverly Hilton Hotel. According to news reports, law enforcement obtained a search warrant to recover evidence from the scene. In addition, it is being reported that several prescription bottles were recovered.

TMZ is reporting, Whitney Houston was taking Xanax, that if coupled with alcohol could cause severe sedation. Xanax is commonly used to treat anxiety and depression.

Any physician who prescribed Xanax or any other medication found in Whitney Houston's room will very likely be contacted by Beverly Hills Detectives and The California Medical Board. As a certified criminal law specialist and California Medical Board defense attorney, I suggest any treating physician of Whitney Houston immediately contact a reputable and knowledgeable attorney immediately.

The California Medical Board and Los Angeles District Attorney's Office take prescription drug overdose cases very seriously, especially with the deaths of Michael Jackson, Anna Nicole Smith and Heath Ledger. The public exposure of such high profile deaths almost require law enforcement to try and make California physicians responsible. So, anything said to law enforcement will be used against the physician.

Please keep in mind, there is no cause of death for Whitney Houston at this time. However, even if the cause of death is by natural causes, it does not relieve the California physician from criminal action or medical board action should prescribing practices be suspect.

Pilchman & Kay, is a law firm that represents California physicians in criminal court and with the California Medical Board.

Dr. Arturo Vargas of Montebello Has Practice Restrictions Placed on his Medical License

Fri, 10 Feb 2012 11:37:00 -0800

Dr. Arturo Vargas has been ordered by Los Angeles County Superior Court Judge Upinder not to see any female patients while his criminal case is pending. While this is a common order when a male physician is accused of sexual acts with a patient, the order could have simply required a female chaperone be present for examinations with female patients.

Physicians are often the target of criminal claims by patients. This could be because the claims are true but it could also involve a misunderstanding or even an attempt to make a buck on a ciivl claim. All of the above scenarios are types of cases handled by our California Medical License Defense Firm. Attorneys need to be very aggressive in how the defend the well earned reputation of a California physician. If not, there can be an overwhelming response to law enforcement after a sexual assault by physician case become public. People will manufacture events so they can have their attorney try and settle quietly with a medical organization like Kaiser.

California Physicians and California Medical Board Investigations

Mon, 06 Feb 2012 08:37:17 -0800

California physicians who have had criminal convictions, criminal arrests, malpractice judgments or complaints are investigated by the California Medical Board. Once an investigation is opened, an investigator and an attorney from the California Department of Justice are assigned to the case. So, doesn't it make sense that if the investigator is working with an attorney, so shouldn't the physician?

Most California physicians have a lot to lose should an investigation go badly. An experienced California medical license attorney can assist you in mitigating the damage that can be done during the course of investigation. Do not ever meet with an investigator with at least conferring with a licensing attorney.

Mammoth Lakes Physician Commits Suicide Amid Sexual Abuse Allegations

Sun, 05 Feb 2012 13:56:27 -0800

Popular Mammoth Lakes physician Dr. Andrew Bourne ended his own life on January 4, 2012 shortly after being accused of sexual abuse of a Santa Barbara teen. Both Dr. Bourne and Joseph Walker, 48 are accused of soliciting sex from a minor and unlawful sexual intercourse. Both had pleaded not guilty.

The charges stem from the discovery of over 1,000 emails between Bourne and Walker with the teen that allegedly described the sexual relationships. According to Santa Barbara District Attorney officials, the teen was the daughter of Bourne's family friends and Bourne had admitted to the sexual relationship with investigators.

At the time of his death, Bourne was not under investigation with the California Medical Board and no formal Accusation had been filed.

Montebello Doctor Accused of Sexual Assault

Fri, 03 Feb 2012 07:44:29 -0800

Montebello physician Arturo Vargas, 41 was charged with two counts of sexual penetration by a foreign object and sexual battery and a misdemeanor count of sexual exploitation by a physician. Dr. Vargas was arrested and released on $200,000 bail.

Montebello police started their investigation last summer after a woman reported being sexually abused by Vargas. A report was taken and forwarded to the Los Angeles County District Attorney's Office where the case was filed and an arrest warrant went out.

Failing to Pay State Taxes Could Cause a Denial or Suspension of Your California Medical License

Sun, 29 Jan 2012 10:48:51 -0800

Starting July, 2, 2012, the Medical Board of California is required to deny an application for licensure and to suspend the license of any physician who has outstanding financial obligations to the Franchise Tax Board or State Board of Equalization and appears on either the BOE’s or FTB’s certified list of top 500 tax delinquencies over $100,000.

If you fall into this category, you have 90 days from the issuance of the notice of suspension to either pay the amount due or make financial arrangements with the agency owed. One can be on a payment plan and satisfy the requirement for repayment.

Physician’s Stepson Arrested After Officers Served Warrant for Physician

Mon, 09 Jan 2012 08:44:25 -0800

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.

Receiving Unsolicited Sexual Favors is Still Misconduct

Sat, 07 Jan 2012 09:35:43 -0800

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 Arrest Could Result In Discipline by the California Medical Board

Fri, 06 Jan 2012 07:55:46 -0800

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.

Malpractice Insurance May Cover Medical License Defense

Fri, 06 Jan 2012 07:36:57 -0800

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.

Orange County Hits Nearly 800 DUI Arrests Over 2011 Holidays

Tue, 03 Jan 2012 16:58:04 -0800

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.

Physician Loses Licenses for Overprescribing

Tue, 03 Jan 2012 16:57:24 -0800

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.