News Release — February 10, 2003

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February 10, 2003

Record Fines Issued by Medical Board
to Physicians in Internet Prescribing Cases

SACRAMENTO—The Medical Board of California today announced that it has cited six physicians who are not licensed in California for illegally prescribing drugs over the Internet, with fines in excess of $48 million. All have issued prescriptions for California residents for dangerous drugs, without performing a prior good faith examination, as required by Business and Professions Code section 2242(a).

These fines, the largest issued by a state medical board, were imposed pursuant to Business and Professions Code section 2242.1, which allows the Board to levy fines of up to $25,000 per incident involving a California resident. The six physicians wrote a total of 1,952 prescriptions, accounting for the $48 million citation figure.

"The reason I authored the legislation that enabled the Board to impose fines in cases like these is to protect consumers from the harm that can come from those who irresponsibly and illegally prescribe drugs over the Internet," said Senator Jackie Speier.

"The mission of the Medical Board is consumer protection," said Ron Wender, M.D., President of the Board's Division of Medical Quality. "We have taken these actions in pursuit of that mission. We want to send a very clear message to those who prescribe illegally over the Internet that the Medical Board will not tolerate placing the safety of the public at risk."

• Michael Brunsman, M.D, licensed in Arizona, was fined $1,800,000 for issuing 72 prescriptions to Californians.
• Martin Feldman, M.D., licensed in Rhode Island and Florida, was fined $3,925,000 for issuing 157 prescriptions to Californians.
• Harry Hoff, M.D., licensed in Florida, was fined $1,250,000 for issuing 50 prescriptions to Californians.
• Carlos Levy, D.O., licensed in Florida, was fined $39,175,000 for issuing 1,567 prescriptions to Californians.
• David Livingston, M.D., licensed in Tennessee, was fined $1,500,000 for issuing 60 prescriptions to Californians.
• Jose Crespin, M.D., licensed in Florida, was fined $1,115,000 for issuing 46 prescriptions to Californians.

These actions come on the heels of recent disciplinary actions levied against California physicians, including the revocation of one physician's license to practice. These cases are being referred for disciplinary action to each physician's original licensing state.

Business and Professions Code section 2242.1 became law in 2001, and is intended to protect Californians by penalizing so-called "rogue" Internet sites and the physicians who support them by prescribing drugs for consumers in violation of California law. The Legislature passed the law because it recognized the danger inherent in physicians and others prescribing drugs without performing the good faith examination of patients required by Business and Professions Code section 2242(a). This examination cannot be accomplished by a review of forms sent over the Internet, nor can a clear and safe medical indication for a prescription be confirmed.

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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 www.medbd.ca.gov or for questions call the Consumer Information Line at (916) 263-2382, or with complaints, call (800) 633-2322.

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