Los Angeles County District Attorney George Gascón announced on April 24, 2023, that a man had been charged for falsely claiming to be a licensed doctor and practicing medicine on thousands of individuals, offering treatment for serious medical conditions including cancer.
n November 17, 2022, an undercover investigator received consulting from the man, who owns and operates a medical practice in North Hollywood. The business conducts blood tests on patients, advises them on treatments, and offers treatment for serious conditions including cancer and viral infections. In the consultation, the man allegedly failed to accurately address abnormal levels of a hormone that could indicate a serious medical condition.
The man now faces five felony counts of practicing medicine without a certification. His preliminary hearing is scheduled for May 24. The case is being investigated by the California Department of Consumer Affairs, Division of Investigation and prosecuted by the District Attorney’s Consumer Protection Division.
“Practicing medicine without a license is not only a criminal activity in California; it can cause irreparable harm to the health of unsuspecting people, some with serious illnesses, who believe they are under the care of a licensed physician,” District Attorney Gascón said.
Compliance Perspective
Issue
Healthcare settings are required to conduct extensive background checks on all employees. These should be comprehensive in order to ensure that each potential employee is qualified and permitted to be employed in a healthcare facility that receives government funds. Before an employee is officially hired into a position, a criminal background check and sex offender registry search must be completed, and the individual must be cleared in the databases. Additionally, an identification verification check, past employment history, education verification, and OIG’s List of Excluded Individuals and Entities (LEIE) check must be completed for all employment candidates. For positions that need certifications or licenses, verification of these credentials must be conducted and documented in the individual’s personnel file. After hire, it is essential that the databases are continually monitored to ensure that no current employee has recently been placed on an exclusion list or had a license or certification suspended or revoked. Routine monitoring will ensure that employees are legally permitted to practice healthcare in your facility.
Discussion Points
- Review policies and procedures for verifying the status of professional licenses. Update as necessary.
- Train appropriate staff to follow protocols for verification of licenses and certifications of employees at the time of hire and on an ongoing basis to ensure that those licenses remain up-to-date and are unencumbered. Ensure that training is provided to licensed personnel about their responsibility to maintain an active license and to notify administration should their license be suspended, expire, or if they are added to the OIG’s LEIE. Document that these trainings occurred, and file the signed documents in each employee’s education file.
- Periodically audit to verify that the licensing and certifications of employees are valid and up to date. Immediately address any negative findings.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
