Section 11153(a) provides in relevant part that "A prescription for a controlled substances shall only be issued for a legitimate medical purpose by an individual practitioner acting in the usual course of his or her professional practice." Dr. Boni is alleged to have had cash patients in the practice where the patients paid for a physical exam that did not meet the standard of care before being issued prescriptions.
An additional felony count of violating Business and Profession Code Section 2052 was charged because the physician's license had been suspended during a period of time due to failure to pay child support.
Bail was set at $50,000.
This investigation began after a number of the patients were arrested for selling the opiate medications prescribed by the doctor. A coordinated investigation by Ventura County's Pharmaceutical Crimes Unit, the Medical Board and other agencies began. According to the discovery provided by the government, the doctor did not physically examine the patients to determine whether there was a legitimate medical necessity for the prescriptions.
The physician is lucky that this is a state case and that the federal drug laws are not being used to charge him with distributing controlled substances which carry much higher penalties and potential sentences. Nevertheless, these are serious charges which the Medical Board is taking very seriously and is demanding revocation of licenses where these allegations are made even where there are not criminal cases.
Posted by Tracy Green, Esq.
Email: tgreen@greenassoc.com
Green and Associates - Los Angeles, California
Office: 213-233-2260
