Medical Board Obtains Suspension of South Lake Tahoe Physician's
License
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January 08, 2004 03:03 PM US Eastern Timezone
SACRAMENTO, Calif.--(BUSINESS WIRE)--Jan. 8, 2004--Effective January
9, 2004
South Lake Tahoe physician Joseph H. Simon, M.D. has been
ordered to cease his practice of medicine in California by El Dorado
County Superior Court Judge Suzanne K. Kingsbury pending the outcome
of criminal proceedings against him. The Order was a result of an
action filed on November 10, 2003 by the Office of the Attorney
General on behalf of the Medical Board, under Penal Code section 23,
which permits the Medical Board to ask a judge in a criminal matter
to suspend the license of a physician.
On October 20, 2003, Deputy Attorney General Sharon A. Lueras, on
behalf of the Bureau of Medi-Cal Fraud and Elder Abuse, filed felony
charges with the El Dorado County Superior Court against Simon
pursuant to Business and Professions Code section 803.5(a). Simon was
charged with eight counts of violating Health and Safety Code section
11153 (issuing an unlawful controlled substance prescription) and one
count of violating Penal Code section 550(a)(6) (submission of a
false claim for payment of healthcare benefits).
These crimes by law are substantially related to the qualifications,
functions, or duties of a physician and surgeon. Business and
Professions Code section 2238 provides that, "A violation of any
federal statute or federal regulation or any of the statutes or
regulations of this state regulating dangerous drugs or controlled
substances constitutes unprofessional conduct."
An independent medical expert, Board certified in pain management and
psychiatry, opined that Simon, over a three-year period, repeatedly
engaged in numerous extreme departures from the standard of care in
his treatment and care of patients. Even though Simon was prescribing
very powerful and addictive drugs, he failed to develop a
comprehensive treatment plan and he repeatedly prescribed highly
addictive controlled substances in large quantities without
considering the individual needs of the patient -- conduct that
presents a danger to public safety.
The mission of the Medical Board of California is to protect
healthcare consumers through the proper licensing and regulation of
physicians and surgeons and certain allied healthcare professions and
through the vigorous, objective enforcement of the Medical Practice
Act.
If you have a question or complaint about the healthcare you are
receiving, the Board encourages you to visit its Web site at
www.medbd.ca.gov or for questions call the Consumer Information Line
at (916) 263-2382, or with complaints call (800) 633-2322.
Contacts
Medical Board of California
Candis Cohen, 916-263-2394