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  • Report:  #958488

Complaint Review: Green Leaf Vitality Center

Green Leaf Vitality Center Omar Velasquez Illegal Doctors office with NO Doctor! Layman Camarillo, California

  • Reported By:
    ron — thousand oals California United States of America
  • Submitted:
    Tue, October 23, 2012
  • Updated:
    Tue, November 06, 2012
  • Green Leaf Vitality Center
    266 Mobil Ave. Suite 101
    Camarillo, California
    United States of America
  • Phone:
  • Web:
  • Category:

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










2 Updates & Rebuttals


ron

thousand oals,
California,
United States of America

SKYPE EVALUATIONS ARE ILLEGAL!!!

#3Author of original report

Tue, November 06, 2012

RON BAMIEH
DAVID R. RING
JENNIFER GROCE
LAURA COTA

LAW OFFICES
BAMIEH & ERICKSON
A PROFESSIONAL LAW CORPORATION
692 E. THOMPSON BOULEVARD
VENTURA, CALIFORNIA 93001

TELEPHONE (805) 643-5555
FACSIMILE (805) 643-5558
E-MAIL: mail@bamieherickson.com

PHILIP ERICKSON
(1959-2005)

November 5, 2012

David Comden, Publisher
Ventura County Reporter
700 E. Main St.?Ventura, CA 93001-2906?

Re:      Cease and Desist Demand for Immediate Action
Misleading and Deceptive Advertising for Green Leaf Vitality Center

Dear Mr. Comden:

Please be advised that our office now represents Dr. Louis J. Rosner, M.D., and Cannamed of Thousand Oaks, a California Medical Corporation. On behalf of our client, we hereby demand that your paper cease and desist from publishing further misleading and/or deceptive advertisements from GreenLeafVC.com.

California law sets forth very specific guidelines with respect to the evaluations of prospective medical marijuana patients under the California Health and Safety Code and Business and Professions Code, which includes the Compassionate Use Act, which is the voter approved statutory regulation for medical marijuana usage.  As you may be aware, the Compassionate Use Act allows the use of medical marijuana by a patient only upon the recommendation and approval by physician.

Under the related statutes, as well as guidelines set forth by the Medical Board of the State of California, a person who seeks a recommendation for the use of medical marijuana must do so with a physician registered with the State of California Medical Board. 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. This means that patients who are seeking to comply with California law with regard to compassionate use of marijuana need to obtain their recommendation from a medically licensed physician and facility, specifically an individual doctor or medical corporation recognized by the State of California.

Obtaining approval for such use of marijuana is therefore not a rubber stamp, pro forma procedure, but one in which requires consultation, examination, development of a treatment plan, informed consent and proper recordkeeping from ones treating physician. As such, a business that is a physician owned medical practice or a professional medical corporation with a physician as a majority shareholder are the only legally recognized operations from which a patient may obtain a recommendation for the use of marijuana. Most importantly, there is an implicit requirement that, before marijuana use can be recommend for medical use, the physician must obtain permission from the California Medical Board for a fictitious business permit, must actually meet with an make an in-person examination of the patient.

In addition to the permit to obtain a fictitious business name, and in order to legally operate a business in the State of California, the California Business and Professions Code 17900 protects the public by providing the identities of persons doing business under the fictitious name. We have researched the business doing business as Green Leaf Vitality Center, who advertises in your newspaper under the moniker, GreenLeafVC.com.  Our research has revealed that this business filed for and received Ventura County Fictitious Business name statement #10005341 on April 20, 2012 and indicates that the business is being operated by an individual, Omar Velazquez.  

As you are aware, the Medical Board of California is the state agency responsible for regulating physicians and surgeons and a number of other allied health professions. We have researched Omar Velazquez through the Medical Board of California and find that he is not a licensed physician in the State of California.

The California Health and Safety Code 1209 does not authorize any person other than a licensed practitioner of a healing art, or any corporation , to furnish to any person any advice, services, or treatment within the scope of such professional licensure or to allow any person, other than a licentiate of a healing art acting within the scope of his or her license, to engage directly or indirectly in the practice of medicine and surgery, dentistry, optometry, podiatry, psychology, or pharmacy.  Business and Professions Code 2052 defines the practice of medicine as Any person who practicesadvertises or holds himself or herself out as practicing, any system or mode of treating the sick or afflictedor who diagnoses, treats, operates for, or prescribes for any ailment, blemish, deformity, disease, disfigurement, disorder  

Additionally, ownership of a medical practice is limited to licensed physicians and partial or full ownership of a physicians practice by lay persons is prohibited. The California Medical Board specifically states that physician ownership and operation of a business is required for any business advertising, offering, and/or providing patient evaluation, diagnosis, care, and/or treatment. Because Mr. Omar Velazquez is not licensed as a physician, he is prohibited by law from practicing medicine and because he is the owner of Green Leaf Vitality Center, the business violates California law and any physician that works for that business is likewise in direct violation of California law.

Each of these prohibitions clearly and distinctly apply to the advertisement your newspaper is running for Mr. Velazquezs business;  the continued publication of such advertisement is therefore deceptive, misleading and must be immediately cease until such time as the business comes into compliance with California law.  

Should you have any questions, please do not hesitate to contact this office.  We appreciate your prompt attention and cooperation in this matter and will expect that this office will be notified of your intention to not allow further advertisements from Green Leaf Vitality Center in your publication unless and until they have become compliant with California law.

Very truly yours,
BAMIEH & ERICKSON, PLC

Ron Bamieh, Esq.
David R. Ring, Esq.

FICTITIOUS BUSINESS NAME STATEMENT File No. 10005341. The following person (persons) is (are) doing business as: Fictitious Business Name(s): GREEN LEAF VITALITY CENTER, 5755 VALENTINE RD. 201C, VENTURA, CA 93003 VENTURA. OMAR VELAZQUEZ, 112 BALD ST. #B, OJAI, CA 93023. STATE OF INCORPORATION: N/A. This Business is conducted by: AN INDIVIDUAL. The registrant commenced to transact business under the fictitious business name or names on listed on N/A. I declare that all information in this statement is true and correct. (A registrant who declares as true information, which he or she knows to be false, is guilty of a crime.) Type or Print Name:. If Registrant is a CORPORATION or LLC, sign below: OMAR VELAZQUEZ, OWNER. This statement was filed with the County Clerk of Ventura County on 04/20/12. Noticein accordance with subdivision (a) of Section 17920, a fictitious name statement generally expires at the end of five years from the date on which it was filed in the office of the county clerk, except, as provided in subdivision of section 17920, where it expires 40 days after any change in the facts set forth in the statement pursuant to section 17913 other than a change in residence address or registered owner. A new fictitious business name statement must be filed before the expiration. The filing of this statement does not of itself authorize the use in this state of a fictitious business name in violation of the rights of another under Federal, State, or Common Law (see section 14411 ET SEQ., Business and Professions Code). This statement was filed with the County Clerk of Ventura on the date indicated by the file stamp above. PUBLISHED IN THE FILLMORE GAZETTE, MAY 17, 24, 31, JUNE 7, 2012

SKYPE EVALUATIONS ARE ILLEGAL!!!

Remember, SKYPE evaluations are totally ILLEGAL in California and most other states with mmj laws.

The problem is that most patients DO NOT KNOW this but patients take these totally illegal fraudulent recs to dispensaries who allow them inside as patients.  THESE PEOPLE ARE NOT PATIENTS!!!  They do not have legal recs!!!

This is a fact, do your research and protect yourself.

The Medical Board of California?2005 Evergreen Street, Suite 1200?Sacramento, CA 95815

Here is simple and easy criteria for you to use to identify if an Medical Marijuana Doctors clinic is operating legally:
1.     Skype is illegal.  Recommendations issued by SKYPE, where you did not see the doctor face to face are ILLEGAL and NOT recognized by State of California Prop 215 and SB 420;
2.    The name of the doctor or professional corporation that owns, operated and controls the medical practice has to be POSTED IN The LOBBY for all patients to see.  This is a CA LAW requirement, and if the lobby does not have this NOTICE, you should immediately report this clinic;
3.    If owned by NON DOCTOR, its illegal!!!  Ask the front desk who the owner is!!!  Call and ask by phone who the owner is!!! If you get a reply that NON DOCTOR is owner, or you get NO REPLY, or the best reply is when illegal MMJ clinics say, We cannot reveal the name of the doctor to you because this is private and confidential information.  You will know the name of the doctor when you come for your evaluation. This is absolutely ILLEGAL and you can be assured that this clinic is OPERATING ILLEGALLY.

California Toll-Free Line
1-800-633-2322
(916) 263-2382 Phone
(916) 263-2944 Fax


ron

thousand oals,
California,
United States of America

Doctors correct name spelling is Edgar A. Suter MD

#3Author of original report

Tue, October 23, 2012

Doctors correct name spelling is: Edgar A. Suter MD working for Green Leaf Vitality Center

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