Dr. Roy H. Simon sued Target and Rite Aid, claiming that he was wrongfully blacklisted from their pharmacies.
He claims that they will not fill his patients’ prescriptions, and falsely told them that he is on a federal “watch list.”
Dr. Simon’s medical license was placed on probation in April of 2011, but the suspension was overturned by the Sacramento Superior Court in September of 2012. Thus, he says he was placed on this list in error.
Senator Curren Price is calling for the California Medical Board to be stripped of its investigative authority. The senator says there have been years of slow investigations and dangerous doctors. This combination means that new patients could be hurt while investigations are still ongoing, he says.
COMMENTARY BY SAM SPITAL, California Professional License Attorney and San Diego Criminal Defense Lawyer:
“A Podiatrist surrendered himself after an arrest warrant was issued for felony possession of child pornography per an account by the NBC Channel 7 online news edition on December 12, 2012. Little if anything else was reported in the article, and most importantly there was no explanation, mitigation and/or defense noted.
A Doctor of Podiatry is trained in foot care and, therefore, can diagnose and treat a variety of medical conditions related to the foot, ankle, and lower extremities.
A check of the Board of Podiatric Medicine website indicates Dr. Pete Thomas has been licensed in California since July 1, 1990. It is likely the Board will open an investigation if it does not already have one in place. Upon evaluating the evidence if it can be established there exists a sufficient basis for disciplinary action, the matter will be submitted to the Office of Attorney General to file an Accusation seeking to suspend or revoke his license to practice podiatry. An administrative hearing would then be scheduled in which an Administrative Law Judge would hear the evidence, including written and oral testimony. The Deputy Attorney General must prove the case by clear and convincing evidence, which burden of proof is much less than a criminal case that requires evidence beyond a reasonable doubt, but much greater than in a civil case in which one need only present a preponderance of evidence to prevail.”