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--~~~---=:co~----·-=--·---~-,--=--
BEFORE THE DIVISION OF MEDICAL QUALITY MEDICAL BOARD OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA
In the Matter of the Accusation Against:
) ) ) ) ) )
JOHN W. COPELAND, M.D. Certificate No. C-26299
No. D-5257
Respondent. ) ________________________________ )
DECISION
The attached stipulation, Decision and Order is hereby adopted
by the Division of Medical Quality as its Decision in the above-
entitled matter.
This Decision shall become effective .on _ __,O"""c""'t'""o""'b"""er....___.2..._1._,,..___.1...;;,:9-"'9 .... 4 __
IT IS OR ORDERED __ S_e~p_t_e_m~b~er~2~1~~1~9~94~-----
By: bZ.~ ALAN SHUMACHER, M.D. Secretary
,Division of Medical Quality
" ·: • I l ~ (! I
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DANIBL ~. LUNGREN, Attorney General of the sta.te -Of California ·
JAHA L. TUTOR, Supervising oeputy Attorney General
GAIL H., HBPPBLL Depu~y Attorney Generol
1515 X Street, su~~e 511 P.O. :aox 944255 Sacramento, CA 94244-2550 Telephone: (916) 324-5336
Attorneya for Ca.:plainant
BEFORE 'l'HE MEDICAL BOARD OP CALIFORNIA DIVISIOH OF MEDICAL QUALITY
DEPARTMBNT OF CONSUMEll Al'l'AIRS STATE OF CALIFORNIA
I~ the Matter of the Accusation Aq&instt
JOHN W. COPXLAND, M.D. 1111 11 A'1 Bt:-eat Antioch, CA 94509 Physician and sur;ecn
Cert~f1cate ~o. C-026299
Respondent,
) No. D-5257 ) ) ST~:tOJI 1 DECISIOll, ) Alm ORDER ) ) r ) } ) )
I1 IS HEREBY STIPULATED by the parties to the above
entitled matter that the following is true:
1. Respondent John w. Copeland, M.D. (hereinafter
"reepondent") was issued physician and surg-eon certificate
number c-026299 on July 28, 1964, by the Medical Board of
Califo:r:nia. At all times pertinent herein, eai.d certificate was
and QU~rently ls in full force and effect.
25 2 •. On June 23, 1993~ an accus~tion baa~ing numb8r
26 C-5257 waa filed by Dixon Arnett, Executive Di~ector of the
27 Medical Board of california (het:einafter "Board") solely in his
1.
-----.,_=,.co.-_ .. -.-o>-,,-" .. --· ..... ---····
1 official capacity. Said accusation listed causes for
2 disciplinary action aqainst respond9nt, and said accusation is
3 inco~ratad by reference as though fully set forth at this
4 po~nt. Respondent was du1y and p~oper~y S@rvad by certified mnil
5 with accusation number D-5257, and respondent filed a timely
6 notice of defense requesting a hearinq on the charqes contained
7 in the accusation.
8 3. Respondent has retained as counsel, James Jay
9 Seltzer, Law Offices a£ James Jay Seltzer. Respondent has fully
10 diBcuBaed·with his counsel the charoes and a.llegations of
ll vi.olation of the California BueinGUJii · and Professiona CodA alleqed
12 in accusation n~er D-5257 and has fully been advised of his
13 ri9hts under the Administrative Procedure Aet of the State of
14 Califo~ia, in~luding his right to a formal hearing and
. 15 Qppg~tunity to defend aqairtst the charges contained therein, ~nd
16 reconaideration and appeal of any adverse decision that miqht be
17 rendered followinq said hearing. Respondent knowingly and
18 intelliqe:rttly waives his rights to a heari.ng~ reconsideration and
19 appeal, and to any and all other rlqhts which may be accorded him
20 pursuant to the Administrative Procedure Act reqarding the
21 charqee contained in the accusation, subject to the provisions of
22 pcre.qx-a.ph 7.
23
24
4. Respond4:1nt a.dmJ.ts the :£ollowinqt
A. an Decembe~ 12, 1990, on a felony complaint
25 entitled "The People a£ the State cf. ~Alifornia v. John
26 Copeland"• Case No. 070~25-8, before thQ Municipal Court of
27 Calitornia, Delta Judicial District, was filed against
• r-;..._t ~~'
1 respondent. Said co~laint contained twanty-fiva counts alleginq
2 that respondent had violated Health and Safety Code section 11153
3 by issuing prescriptions for- controlled substances in 19871 1988
4 ~n4 ~989 to 1ndividua1a not Ln the course of professional
5 treatment or aa part of an autho:r:ized methadone p:a:-oqram.
6 B. On May 301 1991, respondent entered a plea of nolo
21 s. Without admitting or denying the allegations, and
22 fo~ the purpo•Q• of resolving this case, respondent agrees that
23 the Board may consider the followin~ to ba true:
24 I
25 ~
26 A. Between April 1984 and Auquat 1989, D.B. aouqht
27 care and treatment from respondont. curinq this tree:tment
3.
~ , ..
i.i
1 period, responda~t prescribed a~abolic steroids, including
2 ~rabolin and Anavar.
3 B. Respondent's prescribing of the ~nabolic steroids
4 to D.B. was w~thout med~Qa1 Lndication Ln violat~on of Cod&
!5 section 2242.
6 II
7 lL.J2J.
8 A. . ~etween l9S3 and August i989, w.o. sought care
9 and t:reatment from respondent. DUring thie treatment period.,
10 respondent prescribed anabolic steroids, including Anll.var and
11 daca-Durabolin.
12 B. Re$pondent•a prescribing of anaholic steroids to
13 W.D. was without medical indica~ion in violation of Code
14 section 2242.
15 III
16 ~
17 A. E,gtw,n:an Apri1, 1986, and-March, 1989, J6E. souc;rht
18 care and t~eatmant from respondent. Durinq this treatment
19 period, raspondent prescribed anabolic steroids, including Anavar
20 and Teatoaterone.
21 B . Respondent's prescribi~g of anabolic steroids to
. ~2 J.E. waa without medical indication irt ~iolation of Code section
23 2242.
24 c. 25 c.s., w.o., and J.B, oonatitutes •epeatad n~liqedt acts in
26 violation of COde •&ction 2234(c).
27 ///
4.
- -C:~..-1 ?.'~~t±- ··------···"'·,..............-~·.
l.
2
3
IV
.L.lh ·A. On or about February 24, 1989, S.D. sought
4 ~~•a~nt from raapondent. S.D. reported that sho had begn ua~ng
5 harQin fo~ 23 years. Respondent preso:ibed Valium, Bestroil,
6 Clonidine and oarvonpN.
7 D. · Reopondent' a prescribing of the aforementioned
e drugs was ~ithout medic~l indication in violation of Code section
9 2:l42 •.
10 c. Respondent's prescribinq of the aforementioned
11 druqs conetitutee unprofGssional conduct in violation of Code
12 aeation 2241 in that s.n. was an addict or habitue.
13 D. Respondent waB negligent in his treatment of S.D.
14 in that there was no medical indication for the drugs preserLbed.
15 ltaapondent was further neqliqent in his treatment of S.D. in that
16 he failed to provide pmychosocial support and monitoring while
17 attempting to detoxify the patient. He failed to refer her to a
18 methadone maintenance program for detoxification o~ to an
19 inpatient chemdcal dependency unit for detoxification an4
20 rehabilitation. Said conduct Qonstitutea violations of Code
21 1ecticm 2234(c).
22 v
23 ~
24 A. On or about April 21, Hay 19, 3une 16, and July 22,
25 1988, P.lt. sought care and treatment frOlD re•pondent foJ;
26 11 anxiety". on each occasion, respondent prescribed Ritalin.
27 a. Respondent's preacribinq of Ritalin was without
s.
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.";_1
1 med!cal indication in violation of Code section 2242.
C, Respond.ent~s treatment of K.s. was negliqent in
3 that rQapondent failed to cortduct an appropriate ·examination and
• p~e60~i~~~ D dru9 wh~oh was not medically indicated. Said
5 CQnduot constitutes a violation of Code section 2234(c) .
6
' 8
VI
A. On or about March 21 1 1999, and April 25, 19S9,
9 P.X. sought treatment from respondent for heroin withdrawal.
10 Respondent pr•scribed Re~toril, Clonidine, and Darvon-H.
ll B. Reeponden~·s preecrihins of the aforementioned
12 cb:ugs wae without medical indication in vio·lation of Code section
13 2242.
14 c. Respondent's prascribinq of the afor~entioned
15 dru~e constitutes unprofessional conduct in violation of code
16 se~tlon 2~41 in that P.X. was an addict or habitue.
17 o. Respondel\t was negligent ·1n hie. treatJnent of P.K.
l8 in that there was no medical indication for the drugs prescribed.
19 He was further negliqent in that he failed to provide a
20 eomprehGneivs plan for rehabilitation, i.e., to seek
21 c~prehensive phycosocial care. Said conduct constitutes a
22 violation of Code sections 2234(c).
23 6. It is stipulated by and between the paxties thAt
24 the admi••ions herain ara deemed true only for the purpose of
25 this prooeedinq and any other proceeding before tha Medical
215 Board.
27 ///
c.
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1 7. In the event that this Stipulation, Decision, and
2 Order is not accepted and adopted by the Medical Board, the
3 stipulation and characterizations of law and fact mada by all
4 pQrt~ea herein eha~~ be null and void and inadm~ssable in any
5 proceeding involving the parties to it.
6 WBBRBFOR.B, it is stip~latGd that the Medical Board may
7 isaue the followinq Decision and Order:
B Physician and surgnon certificate number C-026299 ie
9 revoked. HOwever, revocation is stayed and raBpondent is placea
lO on probation for five (5) years with the following terms and
11 cond.itionst
12 l. Rgspondent shall not pre~cribe, administer,
13 dispense, ordar or possess ~ny controlled substances as defined
14 by thw california Unifcr.m Controlled SubstancGs Act, except for
15 those druqs listed in Schedule~ III (with the ex~eption of ·
16 ~ne.boli.c steroids) , rv and v ot the Act, However f respondent is
17 per.mitted to prescribe, administer, dispense, or order controlled
18 substances listed in Schedule Il of the Uniformed Controlled
19 Substances Act for in-patient& in a hospital setting, and not
20 otharwi.ae 1
21 2 1 Respondent •hall maintain a record of all
22 controlled eubstaneaa proscribed, dispensed or administered by
23 reaponden~ during probation, showing all the following; 1) the
24 name and address of the patient, 2) the date, 3) the character
25 and quantity of controlled substances involved, and 4) the
26 ind~cationa and diavnosia for which the controlled substances
27 were furnished 1
7 .
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1 Respondent shall keep these records in a separate file
2 o~ ledqQr, in chronological order, and shall make them available
for inapection .and copying by the Division or its dssiqnee, -.upon 3
... ~st. 5
6
7
3. Within ninety {90) days of the effective date of
thig dGcision, and for the !1rst three (3) years of probation
thereafter, respondent shall submit to the Division for its prior
8 approval an educational program or course-to be designated by the
9 Division, which shall not_be lesa than forty (40) hours per year~
10 This proqxam ahal~ be in addition to the Continuing Medical
11 Education ~equiremente for re-licensura. Following completion of
12 said courset the Divie!on or its designee may administer an
12 examination to test rQspondent's ~~owledge of the course.
14 Respondent shall provide proof of attendAnCQ for 65 hours of
15 continuing medical education of which 40 hours were in
16 satiafacticn .of this condition and were approved in advance by
17 the Division.
18 4. · Within sixty (60) days of the effective date of
19 this decision, respondent shall submit to the Division for its
20 prior approval a course in Ethice,. which respondent ahall
21 successfully complete during the first year Qf probeticn.
22 5. Respond.ent ahall pay to the :&card its costs for
23 1nvestiqation and prosecution ln the amount of $3,GOO. Pa~ant
24 eha11 be mace during tha first year of probation.
25 6. aespondent shall obey all federal, state, and local
26 laws, and all rules and requlatione gov•rninq the p~actice of
27 medicine in California.
8.
•r-f....t ....,":]'
l 7. Respondent shall submit quarte4ly declarations under
2 penalty of perjury on for.ms provided hy the Division, s~ating
3 whotbor or not there has been complianee with all the conditions
4 of prohat.ion.
5 B. Respondent shall comply ~th the Division's
6 probations surveillance pro~am.
7 9. Respondent shall appear in person for interviewa
B with the Division o~ its designee upon request at various
9 intervals and with reasonable notice.
10 10. The pe•iod of probation shall net run during the
11 t~e respondent is residing or practicinq outside the
12 jurisdiction of California. If dul:'ing probation, reBpondent
13 ~~~ea outside the j~riadiction of California to residQ ~r
14 practice elsewhe~e 1 respondent is •$quired to immediately notify
15 the Division in writi~g of the date of his departure and the date
16 of ~8tur.n, if any.
17 11. Upon successful oo~lation of probation,
18 raapond&nt's license will b9 fully restored.
19 12. Xf respondent violates probation in any respect,
20 the Division, after qivlng respondent notice and the opportunity
21 to ~ helil.:r:d., may revoke proba;tlon and carry out the disciplinary
22 order that was stayed.. If an accusation or petition to revoke-,
23 probation is filed against respondent during p~obation, the
24 Division shall have continuing j~risdiction until the matter is
25 t1na1.
26 Ill
27 Ill
9 .
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13. Reapond$nt acknowledqes that he shall not be
allowed to withdraw
by tne Divia!on.
DATED r 'J/ "JL/t, V 1 7
PATEl)' ~!Joj~l{ I I
from this stipulation unless it is rejected
DANIEI. :S. LWGRBN, Attorney C.eneral of the State of Califo~n~a
BY. Mm~l~ GAIL M· HBPP Deputy Attorngy General Atto~neys for Complainant
·, !.
10.
2 l: u:D<fenUftd -i:Mt l tla'l"'l tl* ~!.fht t.a a lulll2:'iD!I OA tltG ~··
3 G04tah•c Ul the aoot.a.a~. the z!.pt to =oo•...-.ina t w.-.... .. , ud tM :z:of.vht. to ille.rD4uae 69iclllfta• itt attJ.v-d.o&\.. f
S lmawt.DfJ.J' IUld. .tnt:•Ui.pntly wa1va all oi ~.. rig)ib, aml
f uadent:ud !Mt by aip.t.n;- this •tiplaUQI\ I 4111 pexai.ttiDq tlMI
7 •cU. cal ~ of caU£ornia to cl!.Boiplli• .,. l.S.C81!88. l
I 11Ad8numl th• a.ma ancl a=adiUQae of tlaa Sdpal.lti¢1\r Dee:idOft,
.... Drlllar:~e tD ~ l:louDd·by ~~· -· J.G !lldDa,..p.,..,.U!J_-.,_.....,.~...,. 11
12
13
lt
15
u 11
18
11
20
n :a~
23 24
IS
21
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u. \.
** TOTAL PAGE. 02 **:' ·---·-
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1 DANIEL E. LUNGREN, Attorney General of the State of California
2 JANA L. TUTON, Supervising Deputy Attorney General
3 GAIL M. HEPPELL Deputy Attorney General
4 1515 K Street, Suite 511 P.O. Box 944255
5 Sacramento, CA 94244-2550. Telephone: (916) 324-5336
6 Attorneys for Complainant
BEFORE THE
7
8
9
10
MEDICAL BOARD OF CALIFORNIA .DIVISION OF MEDICAL QUALITY
DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA
11 In the Matter of the ·Accusation
12 Against:
13 JOHN W. COPELAND, M.D. 1111 "A" Street
14 Antioch, CA 9A509 Physician and Surgeon
15 Certificate No. C-026299
16 Respondent.
17
) ) ) ) ) ) ) ) ) ) )
D--5257 No.
ACCUSATION
18
19
Complainant, Dixon Arnett, alleges as follows:
1. He is the Executive Director of the Medical Board
20 of California (hereinafter "Board") and makes and files this
21 accusation solely in his official capacity.
22 2. On or about July 28, 1964, respondent John·N.
23 Copeland, M.D. (hereinafter "respondent") was served Physician's.
24 and Surgeon's Certificate Number C-026299 by the Board. At all
25 times pertinent herein, said certificate was and currently is in
26 full force and effect.
• 27 ///
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1
2
3
4
5
6
7
8
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10
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3. Sections 3220 and 2234 of the Business and
Professions Code (hereinafter "Code") provide, in pertinent part,
that the Division of Medical Quality may take action against the
holder of a physician and surgeon certificate who is guilty of
unprofessional conduct.
4. Section 2238 of the Code provides that 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.
5. Section 2242 of the Code provides that
prescribing, dispensing or furnishing dangerous drugs as defined
in section 4211 without a good faith prior examination and
13 medical indication therefor constitutes unprofessional conduct.
14
15
16
6. Section 2234, subdivision (c) of the Code provides
that repeated negligent acts constitute unprofessional conduct.
7. Section 2234, subdivision (d) of the Code provides
17 that incompetence constitutes unprofessional conduct.
18
19
20
21
22
23
B. Section 2241 of the Code provides, in pertinent
part that the prescribing, selling, furnishing, giving away, or
administering or offering to prescribe sell, furnish, give away
or administer any drugs or compounds mentioned in section 2237 to /
an addict or habitue constitutes unprofessional conduct.
9 • Section 725 of the Code provides, in part, that
24 repeated acts of clearly excessive prescribing or administering
25 of drugs or treatment is determined by the standard of the
26 community of licensees is unprofessional conduct.
10. Section 2236(a) of the Code provides, in part,
2.
-; __
1 that the conviction of any offense substantially related to the
_. . 2 qualifications, functions, or duties of a physician and surgeon
3 constitutes unprofessional conduct. The record of conviction
4 shall be conclusive evidence only of the fact that the conviction
5 occurred.
6 Section 2236(b) provides, in pertinent part, the
7 Division may inquire into the circumstances surrounding the
8 commission of the crime in order to fix the degree of discipline
9 or to determine if such conviction is of an offense substantially
10 related to the qualification, functions and duties of a physician
11 and surgeon. A plea or verdict of guilty or a conviction
12 following a plea of nolo contendere is deemed to be a conviction
13 within the meaning of this section.
14 11. Sec~ion 11153 of the Health and Safety Code
15 provides, in-pertinent part, that a presc~iption for a controlled
16 substance shall only be issued for a legitimate medical purpose
17 by an individual practitioner acting in the usual course of his
18 professional practice.
·19 12. At all times mentioned herein, anabolic steroids
20 which include Anavar, Dianabol and Durabolin, were dangerous
21 drugs within the meaning of section 4211 of the Code and were
22 Schedule III controlled substances-within the meaning of aealth
23 and Safety Code section 11056.
24 13. Respondent ii]S subject to disciplinary- action
25 pursuant to sections 2220 and 2234 of the Code in that respondent
26 is guilty of unprofessional conduct within the meaning of
• 27 section 2236 of the Code in·that he has been convicted of a crime
3.
=
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1
2
3
4.
as follows:
A.
entitled "The People
CoQeland". Case No.
On December 12, 1990, in a felony complaint
of the State of California v. John
070225-S, before the Municipal Court of
5 California, Delta Judicial District, was filed against
6 respondent. Said complaint contained twenty-five counts alleging
7 that respondent had violated Health and Safety Code section 11153
8 by issuing prescriptions for controlled substances in 1987, 1988
9 and 19-89 to individuals not in the course of professional
10 treatment or as part of an authorized methadone program, but for
11 the purpose of providing the user with controlled substances,
12 sufficient to keep him/her comfortable by m-aintaining customary
13 use.
14
15
B. In May 30, 1991, respondent entered a plea of nolo
contendere to violating Health and Safety Code section 11153 as
16 set forth in Counts One, Two, Three, _Four, Five and Six of the
17 complaint. On or about July 11, 1991, respondent was sentenced
18 to three years probation, thirty (30) days in jail, pay a fine
19 and assessments totalling $10,000 and return 1,000 hours of
20 community volunteer service. On August 22, 1991, the sentence
21 was modified and respondent was permitted to serve his 30 days
22 county jail time under the auspices of the Sheriff's Alternative
- 23 Work Program by providing medical services to the Contra Costa
24 County jail inmate population.
25 14. Respondent is further subject to disciplinary
26 action pursuant to sections 2220 and 2234 of the Code in that
27 respondent is guilty of unprofessional conduct within the meaning
4.
~.
•
•
••
-·-
1 of sections 2242, 2234(c), 2234(d) and 725 as follows:
2
3
4
I
D. B • .!./
A.· Between April 1984 and August 1989, D.B. sought
5 care and treatment from respondent. During his treatment period,
6 respondent prescribed anabolic steroids, including Durabolin and
7 Anavar.
8
9
10
B. During the course of treatment:
(1) Respondent ordered liver tests sporadically;
(2) Respondent failed to discontinue steroids
11 when liver function tests were abnormal;
12 (3) Respondent failed to take remedial action in
13· the face of abnormal· liver function tests.
14 c . Eac~ of the acts set forth hereinabove constitutes
15 repeated negligent acts in violation of Cope section 2234(c).
16 D.· Respondent's prescribing of the anabolic steroids
17 to D.B. was without medical indication in violation of Code
18 section 2242.
19 E. Respondent's prescribing of the anabolic steroids
20 to D.B. constitutes repeated acts of clearly excessive prescrib-
21 ing in violation of Code section 725.
22 II
23 fu.Q..:.
24 A. Between 1983.and August 1989, W.O. sought care
25 and treatment from respondent. During this treatment period,
26
27 1. Initials are used in lieu of patient names. The complete names of the patients will be provided in discovexy.
5.
•
•
•
1 respondent prescribed anabolic steroids, including Anavar and
2 deca-Durabolin.
3 B. During the course of treatment:
4 (1) Respondent prescribed anabolic steroids
5 without documenting and/or informing w.o. of their side effects;
6 (2) Respondent ordered liver tests sporadically;
7 (3) Respondent failed to discontinue ~hmg
8 steroids even when liver function tests were abnormal; ..
9 (4) Respondent failed to take remedial action in
10 the face of abnormal liver function tests.
11 c. Each of the acts set forth hereinabove constitutes
12
13
14
15
16
repeated negligent acts in violation of Code section 2234(c).
o. Respondent's prescribing of anabolic steroids to
W.O. was without medical indication in violation of Code
section 2242.
E. Respondent's prescribing of anabolic steroids
17 constitutes repeated acts of clearly excessive prescribing in
18 violation of Code section 725.
19 III
20 J.E.
21 A. Between April, 1986, and March, 1989, J.E. sought
22 care and treatment from respondent. During this treatment
23 period, respondent prescribed anabolic steroids, including Anavar
24 and Testosterone.
25 Ill
26 Ill
27 Ill
6.
1 B. During the course of treatment:
4lt 2 (1) Respondent prescribed anabolic steroids to
4lt
3 J.E. who was 21 years old without documenting and/or informing
4 him of their risks and side effects;
5 (2) Respondent prescribed multiple oral and
6 steroids, sometimes in combination (which is known as
7 11 stacking 11 ) ;
8 (3) Respondent failed to order liver function
9 tests;_
10 (4) Respondent's prescribing of anabolic steroids
11 was not medically indicated.
12 c. Each of the acts set forth hereinabove constitutes
13
14
15
16
17
18
19
20
21
22
23
repeated negligent acts in violation of Code section 2234 (c).
0. Respondent's prescribing of anabolic steroids to
J.E. was without medical indication in vio~ation of Code section
2242.
E. Respondent's prescribing of anabolic steroids to
J.E. constitutes repeated acts of clearly excessive prescribing
in violation of Code section 725.
-IV
A. F.
A. Between June 27, 1987, and November 11, 1988, A.F.
sought care and treatment from respondent. During this treatment
24 period respondent prescribed anabolic steroids, including Anavar
25 and deca-Durabolin .-
26 Ill
• 27 ///
7.
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6
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8
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14
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16
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19
20
21
22
23
24
B. During the course of treatment:
(1) Respondent prescribed anabolic steroids
without documenting and/or informing A.F. of their risks and side
effects;
(2) Respondent failed to order liver function
tests;
( 3) Respondent's ·prescribing of anabolic steroids
was not medically indicated.
C. Each of the acts set forth hereinabove constitutes
repeated negligent acts in violation of code section 2234 (c).
D. Respondent's prescribing of anabolic steroids to
A.F. was without medical indication in violation code section
2242.
E. Respondent's prescribing of anabolic steroids to
A.F. constitutes repeated act~ of clearly pxcessive prescribing
in violation of code section 725.
sought
period,
Anavar.
-V
L.F.
A. Between June, 1988, and November 25, 1988, L.F.
care and treatment from respondent. During this treatment
respondent prescribed anabolic steroids, including
B. During the course of treatment:.
(1) Respondent prescribed anabolic steroids
25 without documenting-and/or informing L.F. of the risks and side
26· effects;
• 27 ///
8.
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
( 2) Respondent prescribed anabolic steroids
without a pertinent history and physical examination;
( 3) Respondent failed to order liver function
tests;
(4) Respondent's prescribing of anabolic steroids
was not medically indicated.
c. Each of the acts set forth hereinabove constitutes
repeated negligent acts in violation of Code section 2234 (c).
D. Respondent's prescribing of anabolic steroids to
L.F. was without medical indication in violation of Code section
2242.
E. Respondent's prescribing of anabolic steroids
constitutes repeated acts of clearly excessive prescribing in
violation.of Code ~action 725.
VI
D.H.
A. During January, 1986, and July,- 1988, D.H. sought
care and treatment from respondent. During this treatment
period, respondent prescribed anabolic steroids, including
Dianabol and Anavar.
B.- During the course of treatment:
22 (1) Respondent prescribed anabolic steroids
23 without a pertinent history and physical examination;
24 (2) Respondent prescribed anabolic steroids
25 without documenting and/or informing D.H. of the risks and side
26 effects;
• 27 ///
9.
1 (3) Respondent failed to order liver function
4lt 2 tests;
•
3
4
5
6·
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(4) Respondent's prescribing of anabolic steroids
was without medical indication.
c. Each of the acts set forth hereinabove constitutes
repeated negligent acts in violation of code section 2234 (c).
D. Respondent's prescribing of anabolic steroids was
without medical indication in violation of code section 2242.
E. Respondent's prescribing of anabolic steroids
constitutes repeated acts of clearly excessive prescribing in
violation Code section 725.
VII
M.H.
A. On o~ about October 18, 1988, and November 3, ·
1988, M.H. sought care and treatment from fespondent. Respondent·
prescribed anabolic steroids on each visit, including Anavar and
deca-Durabolin.
B. During the course of treatment:
(1) Respondent prescribed anabolic steroids
without a pertinent history and physical examination;
(2) Respondent prescribed anabolic steroids
without documenting and/or informing M.H. of the risks and side
effects;
(3) Respondent failed to order liver function
25. tests;
26 (4) Respondent's prescribing of anabolic steroids
• 27 was without medical indication.
10.
1 c. Each of the acts set forth hereinabove constitutes
• 2 repeated negligent acts in violation of Code section 2234 (c).
•
•
3 D. Respondent's prescribing of anabolic steroids to
4 M.H. was without medical indication in violation of Code section
5 2242.
6 E. Respondent's prescribing of anabolic steroids
7 constitutes repeated acts of clearly excessive prescribing in
8 violation of Code section 725.
9 VIII
10 S.P.
11 A. On or about June 18,· 1988, s·.P. sought care and
12 treatment.from respondent. Respondent prescribed an anabolic
13 steroid, Anavar.
14 B. Respondent's prescribing of Anavar to S.P. was
15 without medical indication in violation o~ Code section 2242.
16
17
18
19
20
21
'22
23
24
25
26
27
c. Respondent's treatment of S.P. constitutes a
negligent act in violation of Code section 2234 (c).
IX
D.VH.
A. Between October, 1985, and September, 1'988, D. VH.
sought care and treatment from re·spondent. During this treatment
period, respondent prescribed anabolic steroids, including deca
Durabolin and Anavar.
B. During the course of treatment:
(1) Respondent prescribed anabolic steroids without
documenting and/or informing D.VH. of the risks and side effects;
(2) Respondent failed to follow-up liver function
._
•
•
1 tests;
2 (3) Respondent failed to appropriately work up and
3 treatment the patient's complaints of upper GI bleeding and
4 abdominal pain.
5 (4) Respondent's prescribing of steroids was not
6 medically indicated.
7 c. Each of the acts set forth hereinabove constitutes
8 repeated negligent acts in violation of Code section 2234 (c).
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
E. The acts set .forth hereinabove constitute
incompetence in violation of Code section 2234 (d).
F. Respondent's prescribing of anabolic steroids to
D.VH. wa~ without medical indication in violation of Code section
2242.
G. Respqndent's prescribing of anabolic steroids
constitutes repeated acts of clearly excessive prescribing in f
violation of Code section 725.
X
P.V.
A. Between December, 1988, and May, 1989, P.V. sought
care and treatment from respondent. · During this treatment
period, respondent prescribed anabolic steroids, including
Anavar, Testosterone, and deca-Durabolin.
B. During the course of treatment:
(1) Respondent p1;escribed anabolic steroids without a
25 pertinent history and physical examination;
26 (2) Respondent prescribed anabolic steroids without
• 27 documenting and/or informing P.V. of the risks and side effects;
12.
•
•
1
2
(3) Respondent failed to obtain liver function tests;
(4) Respondent's prescribing of anabolic steroids was
3 without medical indication.
4 c. -Each of the acts set forth hereinabove constitutes
5 repeated negligent acts in violation of Code section 2234 (c).
6 D. Respondent's prescribing of anabolic steroids was
7 without medical indication in violation of Code section 2242.
8 E. Respondent's prescribing of anabolic- steroids
9 constitutes repeated acts of clearly excessive prescribing in
10 violation of Code section 725;
11 XI
12 s.w.
13 A. Between May, 1986, and December, 1988, s.w. sought
14 care and treatment.from respondent. During this treatment
15 period, respondent prescribed anabolic steroids, including - 1
16 Dianabol and Anavar.
17 B. During the course of treatment:
18 (1) Respondent prescribed anabolic steroids on the
19 first visit without conducting and/or documenting a physical
20 examination;
21 (2) Respondent prescribed anabolic steroids without
22 docUmenting and/or informing s.w. of the risks and side effects;
23
24
(3) Respondent failed to order liver function tests;
(4) Respondent's.prescribing of anabolic steroids was
25 not medically indicated;
26 c. Each of the acts set forth hereinabove constitutes
• 27 repeated negligent acts in violation of Code section 2234 (c).
13.
-----~---~~~~~~---·---·--------- ·--- ··-
1 D. Respondent's prescribing of anabolic steroids to
~ 2 S.W. was without medical indication in violation of Code section
3 2242.
~
•
4 E. Respondent's prescribing of anabolic steroids to
5 S.~. constitutes repeated acts of clearly excessive prescribing
6 in violation of Code section 725.
7 XII
8 .J..&
9 A. On or about January 9, 1989, J.W. sought care and
10 treatment from respondent. Respondent prescribed anabolic
11 steroids, deca-Durabolin and Anavar.
12
13
B. During this visit:
(1) Respondent prescribed anabolic steroids without
14 documenting and/or#informing J.W. of the risks and side effects;
15 (2) Respondent's prescribing o~ anabolic steroids was
16 without medical indication.
17 c. Each of the acts set forth hereinabove constitutes
18 repeated negligent acts in violation of Code section 2234 (c).
19 D. Respondent's prescribing of anabolic· steroids to
20 J.W. was without medical indication in violation of Code section
21 2242.
22 E. Respondent' prescribing of anabolic steroids
23 constitutes repeated acts of clearly excessive prescribing in
24 violation of Code section 725.
25 XIII
26 ~
27 A. On or about February 24, 1989, S.D. sought
14.
1 treatment from respondent. S.D. reported that she had been using
4lt 2 heroin for 23 years. Respondent prescribed Valium, Restroil,
3 Clonidine and Darvon-N.
•
4 B. Respondent's prescribing of the aforementioned
5 drugs was without medical indication in violation of Code section
6 2242.
7 c. Responden.t' s prescribing of the aforementioned
8 drugs constitutes unprofessional conduct in violation of Code
9 section 2241 in that S.D. was an addict or habitue.
10 D. Respondent was negligent in his treatment of S.D.
11 in that there was no medical indication for the drugs prescribed.
12 Respondent was further negligent in his treatment of S.D. in that
13 he failed to provide psychosocial support and monitoring while
14 attempting to detoxify the patient. He failed to refer her to a
15 methadone maintenance program for detoxifipation or to an
16 inpatient chemical dependency unit for detoxification and
17 rehabilitation. Said conduct constitutes violations of Code
18 sections 2234 (c) and 2234 (d).
19 XIV
20 K.S.
21 A. On or about April 21, May 19, June 16, and July 22,
22 1988, P.K. sought care and treatment from respondent for ·
23 "anxiety". On each occasion, respondent prescribed Ritalin.
24 B. Respondent's prescribing of Ritalin was without
25 medical indication in violation of Code section 2242.
26 C. Respondent's treatment of K.S. was negligent in
• 27 that respondent failed to conduct an appropriate examina~ion and
15.
•
•
•
1 prescribed a drug which was not medically indicated. Said
2 conduct constitutes a violation of Code sectio~ 2234 (c) 2234
3 (d) •
4 ~
5 .f..:..K:_
6 A. On or about March 2i, and April 25, 1989, P.K.
7 sought treatment from respondent for heroin withdrawal.
8 Respondent prescribed Restoril, Clonidine, and Darvon-N.
9 B. Respondent's prescribing of the aforementioned
10 drugs was without medical indication in violation of Code section
11 2242.
12 c. Respondent's prescribing of the aforementioned
13 drugs constitutes unprofessional conduct in violation of Code
14 section 2241 in th~t P.K .. was an addict or habitue .
15 D. Respondent was negligent in pis treatment of P.K.
16 in that there was no medical indication for the drugs prescribed.
17 He was further negligent in that he failed to provide a
18 comprehensive plan for rehabilitation, i.e., to seek
19 comprehensive psychosocial care. Said conduct constitutes a
20 violation of Code sections. 2234 (c) and 2234 (d).
21 XVI
22 E.W.
23 · A. On or about.M~y 31, 1989, E.W. sought care and
24 treatment from respondent~ .E.W. informed respondent that he had
25 a history of heroin abuse. Respondent prescribed Restoril and
26 gave E.W. a bottle of Fastin/Phentermine HCL .
27 B. Respondent's conduct in prescribing and providing
16.
•
.. II
1 the aforementioned drugs without medical indication in violation
2 of Code section 2242.
3 c. Respondent's conduct in prescribing and providing
4 the af.orementioned drugs was negligent. in that he failed to take "
5 an appropriate history. He was further negligent in his
6 treatment in that he prescribed and provided the aforementioned
7 drugs without medical indication therefor. Said .conduct
8 constitutes a violation of Code section 2234 (c) and 2234 (d).
9 15. The conduct set forth hereinabove in paragraphs
10 14. I B, II B, III B, IV B, V B, VI B, VII B, VIII C, IX B, X B,
11 XI B, XII B, X III D, XIV C, XV D, and XVI C, or any combination
12 thereof, constitutes repeated negligent acts in violation of Code
13 section 2234 (c).
14 WHEREFORE, complainant prays that a hearing be held on
15 the matters alleged herein, and following said hearing, issue a
16 decision:
17 1. Revoking or suspending Physician's and Surgeon's
18 certificate number C-026299 heretofore issued to respondent
19 John w. Copeland;,·:M·~o.;
20 2~ Prohibiting respondent from supervising physician's
21 assistants;
22 3. Taking such other and further action as the
23
24
25
26
27
Division deems necessary and
DATED: June 23, 1993
proper.
Drr. .. Ru:r DIXON ARNETT, Executive Director Medical Board of California Department of Consumer Affairs State. of California Complainant
17.