ron
thousand oals,#2Author 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: [email protected]
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,#3Author of original report
Tue, October 23, 2012
Doctors correct name spelling is: Edgar A. Suter MD working for Green Leaf Vitality Center