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7/21/95 accusation against Dr. Milton H. Uhley for excessive prescribing of narcotics + 8/16/96 surrender of Uhley's California medical license

7/21/95 accusation against Dr. Milton H. Uhley for excessive prescribing of narcotics + 8/16/96 surrender of Uhley's California medical license

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Published by Peter M. Heimlich

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Categories:Types, Legal forms
Published by: Peter M. Heimlich on Apr 10, 2012
Copyright:Attribution Non-commercial

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02/24/2013

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3456789101112131415161718192021222324252627DANIEL E. LUNGREN, Attorney Generalof the State of CaliforniaADRIAN K. PANTON,Deputy Attorney GeneralCalifornia Department of Justice
3 00
South Spring Street, Suite 5212Los Angeles, California 90013-1204 Telephone: (213) 897-6593Attorneys for Complainant
BEFORE THEDIVISION OF MEDICAL QUALITYMEDICAL BOARD OF CALIFORNIADEPARTMENT OF CONSUMER AFFAIRSSTATE OF CALIFORNIA
In the Matter of the AccusationAgainst:
MILTON H. UHLEY, M.D.
3 60
North Bedford DriveBeverly Hills, CA 90210Physician's and Surgeon'sCertificate No. C10122,Respondent.
NO.
05-93-29050
ACCUSATION
 The Complainant alleges:
PARTIES
1. Complainant, Dixon Arnett, is the ExecutiveDirector of the Medical Board of California (hereinafter the"Board") and brings this accusation solely in his officialcapacity.
2.
On or about May 20, 1947, Physician's andSurgeon's Certificate No. C10122 was issued by the Board toMILTON H. UHLEY, M.D. (hereinafter
"respondent"),
and at alltimes relevant to the charges brought herein, this license has1.
 
1234567810been in full force and effect. Unless renewed, it will expire onNovember 30, 1996.
 JURISDICTION
3. This accusation is brought before the Division oMedical Quality of the Medical Board of California Department oConsumer Affairs (hereinafter the
"Division"),
under theauthority of the following sections of the California Businessand Professions Code (hereinafter
"Code"):
9 A. Section 2227 provides that the Board may revoke,suspend for a period not to exceed one year, or place on11 probation, the license of any licensee who has been found12 guilty under the Medical Practice Act.
13 B
- Section 2234 provides that unprofessional conduct
14
includes, but is not limited to, the following:
15
"(
a
) Violating or attempting to violate, directly or
16
indirectly, or assisting in or abetting the violation
17 of 
* °r conspiring to violate, any provision of this18 chapter.!9 (b) Gross negligence.
20
(c) Repeated negligent
acts.
21 (d) Incompetence.
22
(e) The commission of any act involving dishonesty or
23
corruption which is substantially related to the
24
qualifications, functions, or duties of a physician and
2
5 surgeon.
26
(
>
An
y action or conduct which would have warranted
27
the denial of a certificate."
2.
 
1 C. Code section 125.3 provides, in part, that the2 Board may request the administrative law judge to direct any3 licentiate found to have committed a violation or violations4 of the licensing act, to pay the Board a sumnot to exceed5 the reasonable costs of the investigation and enforcement o6 the case.7 D. In relevant part Code section
72 5
provides:8 "Repeated acts of clearly excessive prescribing or9 administering of drugs ... as determined by the
10
standard of the community of licensees is
11
unprofessional conduct for a physician and12 surgeon . . . ."
13
E. In relevant part, Code section 2241 provides:
14
"[T]he prescribing, selling, furnishing, giving15 away, or administering or offering to prescribe,
sell,
16 furnish, give away, or administer any of the drugs or17 compounds mentioned in Section 223
9
to an addict or
18
habitue constitutes unprofessional conduct."
19 F
- Code section
2242,
subdivision(a), states:
20
"Prescribing, dispensing, or furnishing dangerous21 drugs as defined in Section 4211 without a good faith22 prior examination and medical indication therefor,23 constitutes unprofessional conduct."
24
G. Section 4211 of the Code in part states:
25
"'Dangerous drug' means any drug unsafe for self-2
6
medication . . . and includes the following:27 ' * * * * * * *
3.

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