Complaint Review: Green Leaf Vitality Center

To Whom This May Concern:

When I made my appointment with Green Leaf Vitality Center in Camarillo I was informed that I would be evaluated by a doctor in person. When I went into the office for my appointment there was NO DOCTOR present. I was greeted by a Latino Gentleman in scrubs by the name of Omar,   He was sitting at a desk and there was a cabinet with water pipes next to him that were for sale. This was concerning to me because I did not see a tobacco license or a sellers permit on the wall. He had me fill out my medical paperwork via a computer and when I was finished I let him know but the screen had frozen. I turned my back and it seemed that he turned it off really quick and said that it would be fine. I sat at a computer desk with him and with a doctor that was apparently on the computer screen via "skype".He said hello and asked why I was there (obviously he didn't look at my paperwork) and I informed him. He asked me if I had been pre-diagnosed and I told him that I hadnt. He said that he approved me for my license. While I was talking to the doctor, Omar remained at the desk and didnt allow the proper privacy of me to discuss what I really wanted to with the doctor. This was another matter that really bothered me, I am glad that there was not another patient in the office at the time! Omar printed two papers and he signed above the doctors name where the paper says "Edgar Sutter, MD" and then asked me to sign above my name. He said that I was good for a year gave me an original letter ad a copy of my letter.

After receiving my letter I took it to a dispensary where they informed me that it was no good and that all video skyping clinics are blacklisted from dispensaries. I am concerned about the validity of this place and the other people that they might be ripping off also. It was very unprofessional and gives the medical field a bad name.  Please find this helpful and anything further I can assist you with I will be glad to.
Ron Miranda


Here is my research after the fact. This Doctors clinic is not legal for reasons to follow.

NO FNP # filed at the Medical Board of California  www.mbc.ca.gov
Not owned by a Medical Doctor and operated by a Physician
Not a California Medical Corporation
No Sellers permit
No Tobacco License to sell smoking  paraphernalia
No stock issued to physicians
No Corporate physician officers

See Medical Boards requirements to issue Medical Marijuana Recommendation Letters:

Investigative journalists have described lucrative clinics
with salaried physicians who specialize in providing medical
cannabis recommendations, potentially for undocumented
medical conditions.xxvi, xxvii Licensed physicians who already
have or who are considering entering into a professional
employment agreement with a cannabis clinic
for the purpose of evaluating patients and recommending
cannabis should exercise caution to prevent violations of
Californias bar on the corporate practice of medicine.
As a general rule, in most cases it is not appropriate for
a physician to be hired by a non-physician. California has
a strong long-standing public policy against permitting
lay persons to practice any of the medical arts or to
exercise control over the decisions made by healing arts
practitioners. Physicians who are considering employment
by a cannabis clinic should confirm that
the business is a physician-owned medical practice or a
professional medical corporation with physicians being the
majority shareholder. A cannabis clinic that
is not a physician-owned medical practice or a professional
medical corporation may not employ physicians to provide
medical services, such as diagnosing patients and
recommending cannabis.
Physicians are strongly encouraged to seek professional
legal advice before engaging in any business endeavor that
involves the practice of medicine.



                          ATTENTION DISPENSARIES
                   HOW TO VERIFY A MEDICAL MARIJUANA CLINIC

STATE AND CONSUMER SERVICES AGENCY Department of Consumer Affairs DMUND G. BROWN, Jr.,Governor

                   MEDICAL BOARD OF CALIFORNIA                                                
                            Licensing Program                                   June 14, 2011

It has come to the attention of the California Medical Board that there are a wide variety of Medical Marijuana Evaluation clinics that are operating in an UNLICENSED capacity, which is clear violation of State of California Law, and is an offense punishable by CRIMINAL PROSECUTION, FINES, INCARCERATION and LOSS OF ALL CA MEDICAL LICENSES. The State of California Medical Board is currently investigating all UNLICENSED and ILLEGAL Medical Marijuana Clinics who are issuing Marijuana Recommendations to patients in violation of California Law.

The law clearly states that not only is the physician required to have their medical license RENEWED and CURRENT, but the clinic where patients are being seen is also required to have RENEWED and CURRENT Factious Name Permit.

As a matter if California Law it is your legal obligation to educate your volunteers and  your patients and to ensure that the medical marijuana clinic where they receive their recommendations:

    1. Are Operating LEGALLY;
    2. Are LICENSED to practice medicine in the State of California by evidencing a RENEWED and        CURRENT Factious Name Permit License Number,
    3. Are in compliance with State of California Medical Board rules and regulations as well as in               compliance with California Law.

ONLY A LICENSED CALIFORNIAPHYSICIAN can own, control and operate a medical clinic (I.e., practice). It is against California Law, for LAY PEOPLE (I.e. unlicensed persons) to operate, own, control, a medical clinic. The law clearly states that the medical clinic must be organized as a Professional California Corporation which can only be obtained from the State of California by a Licensed physician.

If a LAY PERSON (I.e., unlicensed person) is known to or represents that they own, control and/or operate a medical practice, they will be CRIMINALLY PROSECUTED to the fullest extent of California Law.

It is Your LEGAL OBLIGATION to Verify EVERY Medical Marijuana Clinic:
 
As required by California Law Proposition 215 & SB 420 it is your legal duty to VERIFY every recommendation for every patient prior to allowing that patient entry into your dispensary.  If a patient DOES NOT have a valid recommendation, they CANNOT enter and obtain medication.

It is your LEGAL OBLIGATION and LEGAL RESPONSIBLITY to VERIFY every Medical Marijuana Clinic to make sure that they are LICENSED and operating LEGALLY in order to protect patients and to ensure that ILLEGAL Medical Marijuana Clinics STOP OPERATING and stop endangering the lives and health of patients who seek medical help for their medical problems and believe that they are visiting a LEGAL and LICENSED medical marijuana clinic.
STATE AND CONSUMER SERVICES AGENCY - Department of Consumer Affairs                      EDMUND G. BROWN, Jr., Governor

                  MEDICAL BOARD OF CALIFORNIA                                                
Licensing Program

June 14, 2011
___________________________________________________________________________

HOW TO VERIFY IF A MEDICAL MARIJUANA CLINIC IS LICENSED
TO PRACTICE MEDICINE IN THE STATE OF CALIFORNIA

1. When does a Medical Marijuana Clinic need a fictitious name permit?

    A. If you are a LICENSED PHYSICIAN and SURGEON, practicing under a fictitious, false or assumed name in any public communication, advertisement, sign or announcement.  
Example: ABC Evaluation Center.

2. How do I Verify a Medical Marijuana Clinic to Make Sure They Are Legally Licensed to Practice Medicine in the State of California?

    A. Please visit: http://www.medbd.ca.gov/

    B. Then please click on the LICENSEES TAB on top or go to:
         http://www.medbd.ca.gov/licensee

    C. On the left side (Quick Links) please click on Fictitious Name Permit or go to:
         http://www.medbd.ca.gov/licensee/fictitious_name.html

    D. Click on Name Search for Fictitious Name Permit:

    E. Enter the EXACT NAME of the Medical Marijuana Clinic as advertised in the Business Name                        field to search for a valid Fictitious Name Permit, meaning that the FNP Permit is (I.e., License                      Renewed & Current); Example: ABC Evaluation Center.

        I. If your search reveals the EXACT NAME of ABC Evaluation Center as advertised by                        the Medical Marijuana Clinic and the FNP licensed in RENEWED and CURRENT,                                                this constitutes a LEGAL MEDICAL MARIJUANA CLINIC;

        Ii. If your search DOES NOT reveal the EXACT NAME as advertised of ABC                                Evaluation Center and NO RECORDS RETURNED is the result and ABC                                             Evaluations Center DOES NOT have a FNP License Renewed & Current, that means                             that this medical practice is OPERATING ILLEGALLY and in clear VIOLATION                                                 of California Law and California Medical Board Rules and Regulations;   

        Iii. Such ILLEGAL and UNLICENSED medical clinics marijuana clinics will be                                                     INVESTIGATED and CRIMINALLY PROSECUTED to the fullest extent of the                                             law;

                  Iv. Furthermore, ALL recommendations that are issued by ILLEGAL and                                                UNLICENSED medical marijuana clinics will be REVOKED without notice.    

In closing, recommendations issued by UNLICENSED/ILLEGAL medical marijuana clinics are INVALID and will be REVOKED. It is estimated that over 100,000 patients in the State of California have been issued recommendations by ILLEGAL and UNLICENSED medical marijuana clinics. For further questions, call the State of California Medical Board Licensing Program at (916) 263- 2382 or (800) 633-2322.

STATE AND CONSUMER SERVICES AGENCY - Department of Consumer Affairs    EDMUND G. BROWN, Jr., Governor

 MEDICAL BOARD OF CALIFORNIA                                                
 Licensing Program      
June 11, 2011