Allegation of Complaint:
Dr. Allan Israel Frankel; License # G34474
Nature of Complaint:
The physician was involved in a personal relationship with an individual and shared his residence with this individual and her daughter for a period of time. The physician prescribed controlled substances for both individuals without conducting or recording any prior physical or mental examination or testing and without making any record of the reason for the said prescriptions and without maintaining any records. The physician in July 2005 prescribed twenty tablets of Demerol for the woman's daughter which was diverted for the physician's personal use. The physician after their relationship had ended and both individuals had moved out of the physician's residence continued to write prescriptions for Adderall in the daughter's name which the physician diverted for his personal use.
The physician was involved in another personal relationship with an individual who along with her daughter resided with the physician at some point during their relationship. The physician wrote prescriptions for both individuals for Adderall, hydrocodone and Oxycodone. The physician did not perform and/or document any physical examination or mental evaluation or any testing and failed to maintain any records. The physician prescribed controlled substances which the physician diverted for his personal use.
The physician engaged in a pattern of prescribing controlled substances to himself as early as January 2000. The physician between January 2000 and January 2002 prescribed Lortab, Klonopin and Estazolam to himself on many occasions. The physician in 2004 and 2005 underwent drug dependency treatment and after undergoing treatment resumed self-prescribing controlled substances and dangerous drugs.
The physician also committed gross negligence, repeated acts of negligence, and failed to maintain adequate and accurate medical records for three patients.
The Medical Board of California has Revoked the physician's license to practice medicine and surgery in the State of California. The revocation has been Stayed and the physician has been placed on Probation for a period of five years subject to the following terms and conditions:
- The physician shall not engage in the practice of medicine until the physician is notified by the Medical Board of California that he is mentally fit to practice medicine safely.
- The physician shall not order, prescribe, dispense, administer or possess any controlled substances.
- The physician within ten days shall submit documentation to the board that his Drug Enforcement Administration permit has been Surrendered to the DEA for cancellation.
- The physician shall abstain from the personal use or possession of controlled substances, dangerous drugs, and any drugs requiring a prescription unless legally prescribed to the physician by another practitioner for a bona fide illness or condition.
- The physician shall abstain from alcohol.
- The physician shall submit to biological fluid testing upon the board's request.
- The physician shall successfully complete a board approved prescribing practices course and medical recordkeeping course during the first six months of probation.
- The physician shall successfully complete a board approved ethics course during the first year of probation.
- The physician shall successfully complete all phases of a professional boundaries program equivalent to the PACE Program at the University of California San Diego School of Medicine.
- The physician shall undergo and complete a psychiatric evaluation and psychological testing if required and shall comply with all recommended conditions or restrictions by the board appointed evaluating psychiatrist.
- The physician shall undergo and continue psychotherapy including any modifications to the frequency.
- The physician shall submit proof of compliance of his notification requirement to the board.
- The physician shall not supervise physician assistants.
- The physician shall obey all laws and all rules governing the practice of medicine in the State of California.
- The physician shall submit quarterly declarations of compliance to the board.
- The physician shall appear before the board upon request.
- The physician shall pay probation monitoring costs.