UPPER LAKE, Calif. – The Medical Board of California and the California Attorney General’s Office are pursuing a case against a local doctor who allegedly violated professional codes while prescribing medical marijuana to three patients.
Dr. Milan Hopkins of Upper Lake is the subject of the complaint, filed March 30.
The Medical Board of California formally brought the complaint against Hopkins and the case has been forwarded to the Attorney General’s Office for handling.
In a statement to Lake County News Hopkins called the Medical Board of California’s accusations against his medical practice “baseless.”
“I am confident that the eventual outcome of this case will affirm that my procedures conform to the standard of medical care,” he said.
A hearing has not yet been held in the case, the Medical Board of California reported.
Hopkins is accused of violating Business and Professions Code sections, including three counts of gross negligence for allegedly prescribing marijuana use to three separate patients without the required exams, without making contact or coordinating with primary care physicians, ignoring potential health issues and not following up on health issues.
He also is accused of not properly diagnosing the patients and in one female patient’s case “searching for a reason for the medical marijuana recommendation to enable the patient to avoid legal issues with her recreational weekend marijuana use,” the charging document stated.
That woman – who paid $250 in cash for the appointment with Hopkins – was, in fact, an undercover investigator who visited Hopkins’ office in October 2010, according to the charging document.
The other two patients at the heart of the complaint were male subjects. The Medical Board’s filing showed that both male patients were 19 years old and had reportedly driven from the Los Angeles area to get medical marijuana recommendations from Hopkins in February 2011.
One of the men had a treating physician in Southern California and the other already had a medical marijuana recommendation which he didn’t disclose to Hopkins, the documents stated.
The fourth cause of discipline under the Business and Professions Code that is alleged against Hopkins is repeated acts of negligence for prescribing marijuana to all three patients while allegedly failing to follow up on certain health conditions, including a bleeding disorder that one of the young men had reported having, and for failing to contact other treating physicians.
Hopkins, a well-known medical marijuana supporter, has reportedly stated that 70 percent of his medical practice comes from medical marijuana evaluations, according to the filings.
Hopkins – who received his medical license in California in 1972 – has had complaints filed against him by the Medical Board of California going back to 1979, board documents showed.
In 1979, he was accused of gross negligence, incompetence and repeated acts of negligence for overprescribing controlled substances such as Quaaludes, Percodan, Dilaudid and other prescription drugs. His license was revoked but the revocation was stayed in favor of 10 years’ probation.
In 1998, he was again brought before the board. In that case, he was charged for issues stemming from a 1993 Lake County Sheriff's search warrant service in which investigators found 23 marijuana plants on property he owned on Elk Mountain Road, and additional marijuana as well as methamphetamine and psilocybin mushrooms in his Main Street home in Upper Lake.
Due to that case and Hopkins' treatment of a patient between 1991 and 1997 – in which he prescribed narcotic painkillers at the same time as the patient was getting them from another doctor – the board concluded he had violated Business and Professions Codes by breaking federal or state statute regarding controlled substances and also was again guilty of gross negligence, incompetence and repeated negligent acts. He received a five-year probation sentence that ended in February 2004.
Lake County court records showed that a felony case based on the 1993 drug seizure was filed against Hopkins.
Regarding the current case, Medical Board of California spokesman Dan Wood said Hopkins remains able to practice medicine.
As to the next steps, Wood said the Medical Board’s investigators and enforcement staff will meet with Hopkins to disclose all of the evidence they have against him.
At that point Hopkins could choose to give up and surrender his license, fight the allegations or come to an arrangement where he is subject to probation for a period of time, as has happened in Hopkins’ past cases, Wood said.
Wood said the maximum penalty the Medical Board of California can impose is revocation of Hopkins’ license to practice medicine.
While Wood said it wouldn’t be appropriate to guess what action the board might take, he added, “The Board does not take lightly cases that are repeats of variations of matters they have already dealt with for a particular physician.”
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033012 Milan Hopkins Medical Board Charging Document