Psychiatrist Lonnie Scarborough convicted, suspended on controlled substance charges

On February 3, 2011, the Georgia Composite Medical Board suspended the license of psychiatrist Lonnie T. Scarborough for not less than three months.

Scarborough was charged in December 2009 with 10 counts of obtaining a controlled substance by fraud, 10 counts of unlawful distribution of a controlled substance and one count of possession of a controlled substance—all 21 charges involved the controlled substance Ritalin.

Scarborough reported to the Board that he had been over-prescribing the drug for his own use and sought evaluation and treatment.

On or about October 14, 2010, he pleaded guilty in the Superior Court of Chatham County (Criminal Action No. CR101515MO) to the aforementioned Ritalin-related charges and was sentenced to confinement of four years on each count concurrent, to be served on probation with terms and conditions.

Following the suspension of his license, it will placed on probation until terminated by a written order of the Board, subject to Scarborough’s compliance with numerous terms and conditions placed upon his practice and prescribing.

Source: Public Consent Order in the Matter of: Lonnie T. Scarborough, M.D., License No. 22469, Docket No. 10100032, Before the Georgia Composite Medical Board, February 3, 2011.

Georgia psychiatrist, a “leading scientist,” arrested on a substance-related charge…again

An Georgia psychiatrist was arrested on drug charges Monday after police went to his home to investigate an assault.

After arriving at the home of Jeffrey Lynn Rausch, 58, investigators discovered drug paraphernalia and a small amount of Ecstacy, a schedule I narcotic, said Columbia County sheriff’s Capt. Steve Morris.

Information on what Rausch is charged with was not immediately available.

In January 2009, Rausch was charged with possession of a Schedule II drug and traffic violations after police pulled him over for making an illegal U-turn. They found marijuana residue and blue powder in his car. Three other people were found in his home with drugs.

In March, Rausch was arrested again and charged with possession of a controlled substance and traffic charges, including driving on a suspended license.

Morris said police are still investigating the assault.

In 2005, Rausch was detained at the Aiken County Sheriff’s Office and missed his April 23 wedding in Augusta, according to The Augusta Chronicle archives.

The groom-to-be first caught Richmond County deputies’ attention when he crashed into a cruiser in front of Sacred Heart Cultural Center, the location of his soon-to-be wedding. He was found with an open bottle of gin in his car. However, because he registered below the legal limit, he was charged with open container and let go.

Several hours later in North Augusta, Rausch ran off the road, jumped a curb, hit a light pole and two trees on Georgia Avenue. He was arrested and charged with DUI and transporting legal liquor unlawfully, police said.

Several bags of tropical fish were also located in his vehicle, along with open bottles of gin and tequila.

Rausch is a former professor and Case Distinguished Chair in Psychiatry at the former Medical College of Georgia, now known as Georgia Health Sciences University. He was inducted into the American College of Neuropsychopharmacology in 2007, according to a news release issued at the time by MCG.

The organization, limited to about 700 leading scientists, aims to better understand brain disorders and behavior and advance the prevention and treatment of those disorders. Membership is limited to those making major research contributions toward that goal. Rausch was the first member of the organization from MCG.

A widely recognized expert on depressive, bipolar, anxiety and Asperger’s disorders, Rausch published a study in a Neuropsychopharmacology that identified a mechanism of serotonin receptor adaptation that explains differences in response to antidepressants.

Source: “Evans psychiatrist arrested on drug charge,” Augusta Chronicle, February 7, 2011.

State reprimands psychiatrist George Soncrant, limits prescribing privileges

On October 20, 2010, the Wisconsin Medical Examining Board issued a Final Decision and Order, reprimanding psychiatrist George D. Soncrant.

The Board’s document states that Soncrant, in his treatment and prescribing to three patients, neglected to, among other things:

• perform physical examinations
• order diagnostic tests
• perform drug screens to determine what drugs the patient was taking
• contact prior or concurrent health care providers or obtain their records to confirm treatment/drug histories

In one case, a patient was concurrently obtaining methadone from both Soncrant and her “former” healthcare provider and had recently been convicted of obtaining a controlled substance by fraud.

In another case, another patient was found to visit multiple physicians for prescriptions, visited ERs for drugs, had been jailed on a drug offense at age 15 and was a daily marijuana smoker.

In addition to the reprimand, the state placed the following limitations on Soncrant’s license:  As of January 20, 2011, Soncrant shall not order, prescribe or administer any opioid or opiate for more than 30 days in any 12-month period and he must pay the Board its costs of the proceeding against him ($3,575).

Source: Final Decision and Order LS0906053MED in the Matter of the Disciplinary Proceedings Against George D. Soncrant, D.O., Case Nos. 06MED192 and 09MED195, State of Wisconsin Medical Examining Board.

Psychologist John DeVincent placed on probation; meth problem, awoke in department store afterhours

On September 25, 2010, the California Board of Psychology placed John DeVincent, Psy.D. on probation for five years with terms and conditions.

According to the Board’s Accusation, on or about May 3, 2010, DeVincent fell asleep inside a Macy’s department store before the store had closed and became locked inside.  Upon awakening, he searched for an exit and tripped an alarm inside the store that brought the police to the scene.  The police searched DeVincent after arriving at the store and found crystal amphetamine in his pocket along with a straw for snorting it.

DeVincent admitted to the Board that he has an addiction to methamphetamine and has used used the substance since 2008, snorting it on a frequency that gradually increased to daily use by May 2010.

Terms and conditions of his probation include monitoring of his practice by a Board-approved practice monitor, successful completion of a Board-approved substance abuse treatment program and reimburse of the Board’s investigation costs of $2,665, among other things.

Source: Accusation and Stipulated Settlement and Disciplinary Order in the Matter of the Accusation Against John DeVincent, Psy.D., Psychologist License No. PSY 21016, Case No. 1F-2010-206758, Board of Psychology, Department of Consumer Affairs, State of California.

California medical board charges psychiatrist Reynald de Los Angeles on controlled substance matter

On October 279, 2010, the Medical Board of California issued an Accusation against psychiatrist Reynaldo A. De Los Angeles based on disciplinary action taken against him by the state of Nebraska medical licensing authority.

On or about July 13, 2010, the Department of Health and Human Services of the State of Nebraska, issued an Order on Agreed Settlement against De Los Angeles, resulting in a $5,000 fine and a restriction on his license prohibiting him from keeping controlled substances on the premises of his medical practice.

The Nebraska Board found that De Los Angeles had failed to keep a records of controlled substances which were received by him, administered by him and used by him; failed to maintain controlled substances purchased under his DEA permit at a controlled location; failed to conform to the ethics of the medical profession and committed unprofessional conduct by appropriating the controlled stimulant drugs Provigil for his own use without a proper prescription.

Source: Accusation in the Matter of the Accusation Against Reynaldo A. De Los Angeles, license no. A35904, case no. 16-2010-209420, Medical Board of California.

Peter Gleason, psychiatrist with ’08 federal conviction, loses license in CA and PA

On November 4, 2010, the Medical Board of California issued a Notice of Out of State Suspension Order on psychiatrist Peter C. Gleason.

According to the Order, the Board “determined, upon review of certified documents from the Pennsylvania State Board of Medicine, that [Gleason’s] Pennsylvania license to practice medicine was suspended on October 8, 2010.  Based on this suspension, your California license has been suspended effective immediately.”

California had reprimanded Gleason in March 2010, due to discipline, restriction, or limitation imposed by another state; specifically, the July 2008 was reprimanded by the Maryland State Board of Physicians, which found that he “regularly and over a long period of time, prescribed medications for a patient without noting either their side-effects or the patient’s responses to the medications.

Gleason kept scant notes of his treatment of the patient, and his records filed to reflect the dosage, strength or frequent of the powerful medications he prescribed.  The Maryland Board concluded that [Gleason] “has lost touch with the importance of maintaining adequate medical documentation.”

“…it is strongly suspected to be related to Gleason’s August 2008 criminal conviction in New York for the federal misdemeanor of “misbranding” a drug, in that he…was marketing Xyrem for medical indications that were not approved by the FDA

Though it is not yet known why Pennsylvania recently suspended his license, it is strongly suspected to be related to Gleason’s August 2008 criminal conviction in New York for the federal misdemeanor of “misbranding” a drug, in that he “did knowingly and intentionally introduce into interstate commerce…Xyrem (a central nervous system drug approved to treat narcolepsy and daytime sleepiness), that was misbranded within the meaning of 21 U.S.C. § 352 (f), in that [he] was marketing Xyrem for medical indications that were not approved by the FDA when [he]…well knew and believed, Xyrem’s labeling lack adequate directions for such uses and adequate warnings against such uses where such uses could be dangerous to the user’s health.”

Gleason was paid by the drug’s maker to appear at speaking engagements to promote the drug for the treatment of chronic fatigue, weight loss and insomnia—indications for which it is not FDA-approved.

He was sentenced February 22, 2010 to one year of probation.

Source: Notice of Out of State Suspension Order, in re: Peter Charles Gleason, M.D., California license G-87635, Case Number 16-2010-210247, Medical Board of California; Judgment in a Criminal Case and Criminal Case for Sentencing, USA v. Gleason, Case No. 06cr229(S-2)-01(ENV); Final Decision and Order, In the Matter of Peter C. Gleason, M.D., License No. D24640, Case No. 2005-0922, Before the Maryland State Board of Physicians and Alex Berenson, “Indictment of doctor tests drug marketing rules,” The New York Times, 22 July 2006.

State of Washington denies license to psychiatrist Ishmeal Major

On February 24, 2010, the State of Washington Department of Health Medical Quality Assurance Commission issued a Notice of Decision on Application to psychiatrist Ishmeal Major, denying his application for licensure to practice medicine in the state of Washington.

The bases of the Commission’s decision was (1) Major relinquished his license to practice medicine in the state of Florida on December 18, 2007 and (2) Major’s application for licensure in the state of Washington was denied.

According to the Florida Board of Medicine meeting minutes of November 30-December 1, 2007, the Board accepted Major’s voluntary relinquishment of his license in response to allegations that he had prescribed, dispensed or administered medicinal drug(s) to himself.

On February 22, 2010 the South Carolina State Board of Medical Examiners issued a Final Order publicly reprimanding Major.  South Carolina’s document states that the investigation against Major began when the New York State Education Department Office of the Professional Discipline had alerted the Florida Department of Health, alleging that Major had improperly issued a prescription for the sleep drug Sonata via the Internet.

The document further states that Major notified the South Carolina Board that he had had a six-month relationship with the website “US-Meds.com,” during which time he actively prescribed drugs via the Internet without conducting examinations or the other responsibilities of the doctor-patient relationship (which constitute the standard of care).

In addition to the reprimand, he was ordered to pay a fine of $1,000 and administrative costs of $500.

Source: Notice of Decision on Application, Re: Application No. 2009-141180, State of Washington Department of Health, February 24, 2010; Final Order in the Matter of Ishmeal Major, M.D., License #MD 22550, OIE# 2008-20, South Carolina Department of Labor, Licensing and Regulation and Meeting minutes of the Florida Board of Medicine, November 30-December 1, 2007.

North Dakota-Puerto Rico psychiatrist Enrique Rivera-Mass guilty of prescribing over Internet

On October 27, 2010, psychiatrist Enrique Rivera Mass signed an agreement with federal prosecutors to plead guilty to a charged of conspiracy to distribute a controlled substance.

[Note: Rivera Mass is identified as a child and adolescent psychiatrist on the websites Psych Yellow Pages, San Juan Doctors andVitals.]

Mass became involved with Internet prescribing while in his native Puerto Rico and continued to do so while employed at the Center for Psychiatric Care in Grand Forks, North Dakota between January 2007 and April 2009.

Authorities report that Mass signed off on prescriptions for nearly 1.8 million pills—weight loss drug phentermine, tranquilizers, painkiller and the smoking cessation drug Chantix—issuing prescriptions to customers in almost every state though he did not meet or talk to any “patients” or have access to their medical records prior to approving the prescriptions.  (Examinations, medical/social/treatment histories and the like are part of the standard of care for physicians.)

Mass now faces a maximum of 10 years in prison and the surrender of $100,000 in profits when he is sentenced April 15, 2011.  He also had his North Dakota medical license revoked.

Source: Dave Kolpack, “Former North Dakota doctor signs plea agreement in Internet prescription fraud case,” Canadian Business, October 27, 2010.

Anna Nicole’s psychiatrist convicted by jury on four felony drug conspiracy charges

A boyfriend and two doctors who were part of Anna Nicole Smith’s inner circle in her final days and were charged with enabling her prescription drug use were acquitted of most drug charges Thursday, but two were convicted of conspiring to use false names to get her prescriptions.

Howard K. Stern, Smith’s boyfriend-lawyer, and Dr. Khristine Eroshevich, her psychiatrist, were convicted of conspiring to get the former Playboy model and reality TV star painkillers and sedatives.

Prosecutors contended during the nine-week trial that the defendants were dazzled by Smith’s glamor and filled her demands for prescription drugs to protect their insider status in her personal life and her celebrity world.

Defense attorneys countered by portraying the defendants as angels of mercy who were trying to help Smith cope with her chronic pain, particularly after she gave birth to her daughter by cesarean then quickly lost her 20-year-old son, Daniel, to a drug overdose.

Smith eventually died of an accidental drug overdose in Florida in 2007, but the defendants were not charged in her death at age 39.

The jury convicted Stern of conspiring with Eroshevich to obtain drugs through the use of a false name and misrepresentation. Eroshevich also was found guilty of using a false name and misrepresentation to obtain prescriptions for the painkiller Vicodin for Smith.

Dr. Sandeep Kapoor, the physician who prescribed most of her pain medications, was acquitted of all charges in a verdict he called a triumph for the medical profession.

“This is not just a victory for me, but for patients everywhere who suffer chronic pain,” an emotional Kapoor said outside court.

His lawyer Ellyn Garofalo said it also was a victory for Smith.

“The jury found she was not an addict,” Garofalo said.

Stern originally faced 11 counts of conspiracy, excessive prescribing of opiates and sedatives to an addict, and fraudulently obtaining drugs by using false names but was convicted of only two conspiracy counts. The judge previously dismissed two charges against him.

As he left the courthouse, Stern told reporters, “Everything relating to the appropriateness of the medication, I was acquitted of.”

His lawyer, Steve Sadow, said Stern never denied using his name on Smith’s prescriptions but maintained Stern didn’t know it was illegal.

Stern, 41, had been Smith’s lawyer, manager, lover and friend since they met in 2001. Testimony showed they were inseparable, even when she was involved with other men.

In 2006, Smith donned a wedding gown, and she and Stern had a commitment ceremony on a catamaran off the Bahamas. They exchanged rings and vows but were never legally married.

At one point, Stern claimed he was the father of Smith’s baby daughter until DNA tests made clear the father was photographer Larry Birkhead, who now has custody of the child.

“Prosecutors contended during the nine-week trial that the defendants were dazzled by Smith’s glamor and filled her demands for prescription drugs to protect their insider status in her personal life and her celebrity world.”

Sadow contended during the trial that Smith was the love of Stern’s life and he would never harm her. He also stressed that Stern was not a doctor and was relying on medical professionals to do the right thing for Smith.

Kapoor and Eroshevich also were close to Smith during her final years.

Eroshevich, 63, was Smith’s neighbor and friend before treating her as a psychiatrist. Prosecutors claimed the friendship was a violation of professional ethics and called a pharmacist who testified the amount of drugs Eroshevich requested for Smith at one point would have amounted to pharmaceutical suicide.

The pharmacist refused to fill the request, and prosecutors showed Eroshevich used other pharmacies to get most of the drugs and took them to Smith in the Bahamas.

Along with conspiracy, Eroshevich was convicted of unlawfully obtaining Vicodin by fraud. The jury deadlocked on whether she unlawfully prescribed the drug.

“I feel relieved,” Eroshevich said. “I’m just happy it’s over.”

Her attorney, Brad Brunon, said he would likely move for a new trial and might ask to have the charges against her reduced to misdemeanors.

Stern and Eroshevich remained free pending a Jan. 6 hearing when the defense can file a motion for a new trial.

If the motion is denied, the judge can sentence both defendants, but it was not immediately clear how much prison time, if any, they could face.

Kapoor, 42, who was Smith’s internist, wrote numerous prescriptions for opiates and sedatives during the period he treated her. His lawyer said he followed a drug regimen originated by Smith’s previous doctor who sold his practice to Kapoor.

Prosecutors Renee Rose and David Barkhurst argued that Kapoor blurred the line between patient and doctor when he was photographed kissing her at a party. They also pointed to a diary in which Kapoor discussed the “mesmerizing” experience of riding with her in a gay pride parade and wondered: “Can she ruin me?”

The jury of six women and six men spent nine weeks hearing details of Smith’s troubled life and 58 hours deliberating their verdicts.

Dave Kettel, a former federal prosecutor who handled prescription drug cases and was in court for the verdicts, said the outcome might make authorities reluctant to file similar cases.

Prosecutors who handled the case said they would have no comment because the defendants still had to be sentenced.

Los Angeles County District Attorney Steve Cooley said in a written statement he was pleased there were some guilty verdicts.

“This case illustrates the problem of the overuse of prescription medicine in today’s society,” said Cooley, a candidate for state attorney general. “Medical professionals have a responsibility to ensure that the strict ethical guidelines of their profession are followed in prescribing medicine as part of the care of their patients.”

Citizens Commission on Human Rights prepared an excellent report on this subject (which Eroshevich probably should have read a long time ago): When Prescribing Psychotropic Drugs Becomes Criminal Negligence

Source: “Psychiatrist, lawyer convicted in Smith drug case,” Associated Press, October 28, 2010.

California medical board disciplines psychiatrist Neal Mazer for prescribing violations, etc.

Effective May 24, 2010, the Medical Board of California issued a Stipulated Settlement and Disciplinary Order against psychiatrist Neal Stuart Mazer, revoking his license.  Revocation was however stayed and Mazer was placed on probation for three years with terms and conditions.

On June 9, 2009, the Board issued an Accusation which stated that Mazer prescribed numerous controlled substances and psychiatric drugs to himself (some for over the course or more than a year), such as the antidepressants Lexapro and Wellbutrin, mood stabilizers Lamictal and Topamax and ketamine.

In February 2010, the Board issued an Amended Accusation, alleging additional charges of repeated negligent acts,  furnishing dangerous drugs without an examination and failure to maintain adequate records.

The document specifies that, among other things, Mazer prescribed Concerta and Adderall without adequate evaluation to a 16-year-old with a documented prior and current substance abuse abuse history without evaluating if the patient’s inattentive symptoms might have been due to substance abuse issues; prescribed Valium and Darvocet to the patient for reported back pain without conducting an appropriate back examination and without parental consent and without discussing the risks of the drugs with the patient’s parents, in light of his history of substance abuse; provided therapy to the patient’s girlfriend without the girl’s parent’s consent; provided a credit card number to the patient so that he could rent a hotel room for himself and his girlfriend; took the patient, who was “incoherently drunk” following the hospitalization of his girlfriend (who was comatose after an apparent overdose on Mazer-prescribed narcotics) into his own home for observation.

Conditions of Mazer’s probation include abstaining from the use or possession of controlled substances, routine biological fluid testing and satisfactory completion of courses in prescribing, recordkeeping and a professional boundaries program.

Source: Stipulated Settlement and Disciplinary Order in the Matter of the Accusation Against Neal Stuart Mazer, M.D., Physician and Surgeon Certificate No. G 86314, Case No. 05-2007-181061, OAH No. 2009090457, Before the Medical Board of California.