Brent A. Hill, D.C.
Surrenders Chiropractic License

Stephen Barrett, M.D.


In 2016, Brett Anthony Hill, D.C. and the California Board of Chiropractic Examiners entered into a stipulated agreement under which he surrendered his chiropractic license rather than defend against charges filed by the board. The charges, detailed below, involved illegal administration of hormones to three female patients. From 2006 onward, Hill operated the Hill Center for Integrative Medicine in Modesto, California. One of its offerings was "Hill Diet," a six-week 500-calorie diet accompanied by injections of human chorionic gonadotropin (HCG) vitamin B, and other substances. The center also offered other hormone injections. In 2017, Hill was charged with practicing without a license plus illegal possession and sale of testosterone.

In 2014, Prithvi N. Shankar, M.D., who had worked as the Hill Center's medical director for about four years, was charged with gross and repeated negligence and abetting the unlicensed practice of medicine. The accusation stated Shankar that knew very little about the Hill Diet injections and had failed to monitor the treatment of a participating patient. (The documents suggest to me that Hill hired Shankar as a figurehead in order to appear to comply with government regulations.) In 2015, Shankar signed a stipulated order under which he was (a) placed on probation for one year, (b) ordered to take continuing education courses in prescribing and ethics, (c) ordered to undergo a clinical assessment and training program, and (d) barred from supervising any weight-loss program or prescribing or administering (HCG) or testosterone to new patients.


KAMALA D. HARRIS
Attorney General of California
JANICE K. LACHMAN
Supervising Deputy Attorney General
KRIS'TINA T. JARVIS
Deputy Attorney General
State Bar No. 258229
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: (916) 324-5403
Facsimile: (916) 327-8643
Attorneys for Complainant

BEFORE THE
BOARD OF CHIROPRACTIC EXAMINERS
STA'I'E OF CALIFORNIA

In the Matter of the Accusation Against:

BRENT ANTHONY HILL
3609 Oakdale Road, #5
Modesto, CA 95357

Chiropractic License No. DC 18107

Respondent.

 

Case No. 2013-974

SECOND AMENDED

ACCUSATION

Complainant alleges:

PARTIES

1. Robert Puleo (Complainant) brings this Accusation solely in his official capacity as the Executive Officer of the Board of Chiropractic Examiners.

2. On or about January 1, 1987, the Board pf Chiropractic Examiners issued Chiropractic License Number DC 18107 to Brent Anthony Hill (Respondent). The Chiropractic License was in full force and effect at all times relevant to the charges brought herein and will expire on February 29, 2016, unless renewed.

JURISDICTION

3. This Accusation is brought before the Board of Chiropractic Examiners (Board), under the authority of the following sections of the Chiropractic Act (Act).1

1The Chiropractic Act, an initiative measure approved by the electors on November 1, 1922, while not included in the Business and Professions Code by the legislature, is set out in West's Annotated California Codes as sections 1000-1 to 1000-19, and is included in Deering's California Codes as Appendix I, for convenient reference.

4.  Section 10 of the Act states, in pertinent part, that the Board may suspend or revoke a license to practice chiropractic or may place the license on probation for violations of the rules and regulations adopted by the Board or for any cause specified in the Chiropractic Initiative Act.

5. California Code of Regulations, title 16, section 355.1 provides in pertinent part that the suspension, expiration, or forfeiture of a license shall not deprive the board of its authority to discipline the licensee.

CALIFORNIA CODE OF REGULATIONS

6. California Code of Regulations (hereinafter Cal. Code Regs.) title 16, section 316 states in pertinent part:

(a) Every licensee is responsible for the conduct of employees or other persons subject to his supervision in his place of practice, and shall insure that all such conduct in his place of practice conforms to the law and to the regulations herein.

7. Cal. Code Regs., title 16, section. 317, states in pertinent part:

The board shall take action against any holder of a license who is guilty of unprofessional conduct which has been brought to its attention, or whose license has been procured by fraud or misrepresentation or issued by mistake.

Unprofessional conduct includes, but is not limited to, the following:

(a) Gross negligence;

(d) The administration of treatment or the use of diagnostic procedures which are clearly excessive as determined by the customary practice and standards of the local community of licensees;

(e) Any conduct which has endangered or is likely to endanger the health, welfare, or safety of the public;

(j) The violation of any of the provisions of 1aw regulating the dispensing or administration of narcotics, dangerous drugs, or controlled' substances;

(k) The commission of any act involving moral turpitude, dishonesty, or corruption, whether the act is committed in the course of the individual's activities us a license holder, or otherwise;

(m) Violating or attempting to violate, directly or indirectly, or assisting in or abetting in the violation of, or conspiring to violate any provision or term of the Act or the regulations adopted by the board thereunder.

(w) Not referring a patient to a physician and surgeon or other licensed health care provider who can provide the appropriate management of a patient's physical or mental condition, disease or injury within his or her scope of practice, if in the course of a diagnostic evaluation a chiropractor detects an abnormality that indicates that the patient has a physioa1 or mental condition, disease, or injury that is not subject to appropriate management by chiropractic methods and techniques. This subsection shall not apply where the patient states that he or she is already under the care of such other physician and surgeon or. other licensed health care provider who is providing the appropriate management for that physical or mental condition, disease, or injury within his or her scope of practice.

8. Cal. Code Regs., title 16, section 318 states:

(a) Chiropractic Patient Records. Each licensed chiropractor is required to maintain all active and inactive chiropractic patient records for five years from the date of the doctor's last treatment of the patient unless state or federal laws require a longer period of retention, Active chiropractic records are all chiropractic records of patients treated within the last 12 months. Chiropractic patient records shall be classified as inactive when there has elapsed a period of more than 12· months since the date of the last patient treatment.

All chiropractic patient records shall be available to any representative of the Board upon presentation ofpatient1s written consent or a valid legal order. Active chiropractic patient records shall be immediately available to any representative of the Board at the chiropractic office where the patient has been or is being treated. Inactive chiropractic patient records shall be available upon ten days notice to any representative of the Board. The location of said inactive records shall be reported immediately upon request.

Active and inactive chiropractic patient records must include all of the following:

(1) Patient's full name, date of birth, and social security number (if available).

(2) Patient gender; height and weight. An estimated height and weight is acceptable where the physical condition of the patient prevents actual measurement;

(3) Patient history, complaint, diagnosis/analysis, and treatment must be signed by the primary treating doctor. Thereafter, any treatment rendered by any other doctor must be signed or initialed by said doctor;

(4) Signature of patient;

(5) Date of each and every patient visit;

(6) All chiropractic X-rays or evidence of the transfer of said X-rays;

(7) Signed written informed consent as specified in Section 319.1.

(b) Accountable Billings. Each licensed chiropractor is required to ensure accurate billing of his or her chiropractic services whether or not such chiropractor is an employee of any business entity, whether corporate or individual, and whether or not billing for such services is accomplished by an individual or business entity other than the licensee, In the event an error occurs which results in an overbilling, the licensee must promptly make reimbursement of the overbilling whether or not the licensee is in any way compensated for such reimbursement by his employer, agent or any other individual or business entity responsible for such error, Failure by the licensee, within 30 days after discovery or notification of an error which resulted in an overbilling, to make full reimbursement constitutes unprofessional conduct.

9. Cal. Code Regs., title 16, section 319.1 states:

(a) A licensed doctor of chiropractic shall verbally, and in writing inform each patient of the material risks of' proposed care. "Material" shall be defined as a procedure inherently involving known risk of serious bodily harm. The chiropractor shall obtain the patient's written informed consent prior to initiating clinical care. The signed written consent shall become part of the patient's record.

(b) A violation of this section constitutes unprofessional conduct and may subject the licensee to disciplinary action.

10. Cal. Code Regs., title 16, section 302 defines a chiropractor's scope of practice and includes:

(a) Scope of Practice.

(4) A chiropractic license issued in the State of California does not authorize the holder thereof:

(B) to use any drug or medicine included in materia medica (pharmacology).

(7) A duly licensed chiropractor may only practice or attempt to practice or hold himself or herself out as practicing a system of chiropractic, A duly licensed chiropractor may also advertise the use of the modalities authorized by this section as a part of a course of chiropractic treatment, but is not required to use all of the diagnostic and treatment modalities set forth in this section. A chiropractor may not hold himself or herself out as being licensed as anything other than a chiropractor or as holding any other healing arts license or as practicing physical therapy or use the term "physical therapy" in advertising unless he or she holds another such license.

STATUTORY PROVISIONS

11. Health and Safety Code section 11171 provides in pertinent part that no person shall administer a controlled substance except under the conditions and in the manner provided by this division. (Division 10 of the Health and Safety Code.)

12. Health and Safety Code section 11210 provides in pertinent part that a physician shall prescribe, furnish or administer controlled substances only when in good faith he or she believes the disease, ailment, injury, or infirmity requires the treatment.

13. Health and-Safety Code section 11379, subdivision (a) provides in pertinent part that every person who furnishes or administers any controlled substance which is classified in Schedule III, and which is not a narcotic drug, unless upon the prescription of a physician licensed to practice in this state, shall be punished by imprisonment pursuant to subdivision (h) of the Penal Code for a period of two, three, or four years.

14. Business and Professions Code section 4022 states in pertinent part: 'Dangerous drug" or "dangerous device" means any drug or device unsafe for self-use in humans or animals, and includes the following:

(a) Any drug that bears the legend: "Caution: federal law prohibits dispensing without prescription," "Rx only," or words of similar import.

15. Business and Professions Code section 4026 states:

"Furnish" means to supply by any means, by sale or otherwise.

16. Business and Professions Code section 2069 provides in pertinent part:

(a)(1) A medical assistant may administer medication only by intradermal, subcutaneous, or intramuscular 1njections and perform skin tests and additional technical supportive services upon the specific authorization and supervision of a licensed physician.

(b)(3) "Supervision" means the supervision of procedures authorized by this section by the following practitioners who shall be physically present· in the treatment facility during the performance of those procedures.

(A) A licensed physician and. surgeon.

17. Corporations Code section 13401.5(a)(8) provides "in pertinent part that a chiropractor may be a· shareholder, officer, director, or professional employee of a medical corporation so long as the chiropractor's shares do not exceed 49% of the available shares.

DRUGS

18. Testosterone is the principle male sex hormone. Testosterone is a steroid hormone, and is a Schedule III controlled substance pursuant to Health and Safety Code section 11056(f)(30), and a dangerous drug pursuant to Code section 4022.

19. Estrogen is the general term for primary female sex hormones, of which there are several, including Estradiol. Estrogen and Estradiol are dangerous drugs pursuant to Code section 4022.

20. Progesterone is a steroid hormone that plays a role in maintaining pregnancy in females. Progesterone is a dangerous drug pursuant to Code section 4022.

21. Armour Thyroid ½ Grain is the brand name for the drug Levothyroxine, which 'is a thyroid medication and dangerous drug pursuant to Code section 4022.

COST RECOVERY

22. Cal. Code Regs. title 16, section 317.5, subdivision (a), states, in pertinent part, in any order in resolution of a disciplinary proceeding before the Board of Chiropractic Examiners, the board may request the administrative. law judge to direct a licentiate found to have committed a violation or violations of the Chiropractic Initiative Act to pay a sum not to exceed the. reasonable costs of the, investigation and enforcement of the case.

PATIENT S.T.

23. Respondent maintains a chiropractic practice in Modesto, California) at the Hill Center for Integrative Medicine (Hill Center), a medical corporation. The Hill Center was incorporated by Respondent in 2006, and he is the president of the corporation.

24. In 2010, Dr. P.S., M,D., began working for the practice, At that time, Dr. P.S. also maintained a medical practice at Sutter Health Care in Modesto, which was at a separate location and was not affiliated with the Hill Center, Dr. P.S. visited the Hill Center once per week, on Thursday afternoons, for approximately 30-120 minutes. He also is listed on the Hill Center's fictitious name-permit as the vice president and 51% shareholder of the corporation. Respondent and Dr. P.S. signed an employment contract with an effective date of August 1, 2010, which states that Dr. P.S, is an at-will employee and compensated in the amount of $2,000.00 per month with no benefits.

25. Pursuant to the employment contract between Dr. P.S. and Respondent, Dr. P.S.'s duties were to review the medical charts of Respondent's patients to ascertain whether they were healthy enough to engage in a low calorie diet developed and marketed by Respondent as "The Hill-Diet" and to prescribe medications, including pain relievers and various hormones and steroids such as testosterone and progesterone, Respondent owns and runs the business, manages the employees and patient care, and is the "name" of the practice.

26. "The Hill Diet" is an extreme low-calorie diet of 500 calories per day and includes the use of Human Chorionic Gonadotropin (HCG)2, which patients are required to administer to themselves via subcutaneous injection daily.

2Since 1976, the Food and Drug Administration bas required HCG diets to be labeled, and the patient lo be Informed that:

"These weight reduction treatments include the injection of HCG, a drug which has not been approved by the Food. and Drug Administration as safe and effective in the treatment of obesity or weight control. There ls no substantial evidence that HCG increases weight loss beyond that resulting from caloric restriction, that it causes a more attractive or "normal" distribution of fat, or that it decreases the hunger and discomfort associated with calorie-restrictive diets."

27. The Hill Center also sells Injections of various vitamin, mineral, and nutrient compounds. One of the injections is called "The Man/Woman Shot" based on to whom it is administered. If administered to a man it is "The Man Shot" and if to a woman, it is "The Woman Shot." The shot includes testosterone, a Schedule III controlled substance, combined with vitamin B-12 and an amino acid, L-carnitine.

28. A patient and employee of the Hill Center, S.T,, participated in the "Hill Diet." On or about June 17, 2011, while participating in the diet, S.'I', explained to A,D., a medical assistant employed by the Hill Center, that she was experiencing hair loss which she attributed to the diet. Therefore, A.D. injected S.T. with The Woman Shot. Dr. P.S. had not prescribed testosterone to S.T. S.T. then began experiencing side effects such as facial hair growth and clitoral swelling.

FIRST CAUSE FOR,DISCIPLINE

(Violation of Laws Governing Dispensing and Administering Controlled Substances)

29. Respondent is subject to disciplinary action pursuant to section 10 of the Act, and Cal. Code Regs., title 16. section 316, subdivision (a), in that Respondent failed to insure that all conduct by employees or other persons subject to his supervision in his place of practice conformed to the law and regulations governing the practice of chiropractic. Employees or other persons subject to Respondent's supervision violated Cal. Code Regs., title 16, section 317, subdivision (j), by violating the provisions of law regulating the dispensing or administration of narcotics, dangerous drugs, or controlled substances as follows:

a. Health and Safety Code section 11379, subdivision (a). On or around June 17, 2011, A.D, furnished or administered testosterone to S.T. without a valid prescription by a licensed physician in violation of Health and Safety Code section 11379, subdivision (a). The circumstances are described in paragraph 28, above.

b. Health and Safety Code section 11171. On or around June 17, 2011, A.D furnished or administered testosterone to S.T. without following the requirements and provisions of Chapter 10 of the Health and Safety Code in violation of Health and Safety Code section 11171. The circumstances are described in paragraph 28, above.

c. Business and Professions Code section 2069. On or around June 17, 2011, A.D. administered medications and/or controlled substances via intradermal, subcutaneous, or intramuscular injections without the presence in the facility of a licensed physician in violation of Business and Professions Code section 2069. The circumstances are set forth in paragraph 28, above.

SECOND CAUSE FOR DISCIPLINE

 (Conduct Exceeding the Scope of Practice)

30. Respondent is subject to disciplinary action pursuant to section 10 of the Act, and Cal. Code Regs., title 16, section 302, subdivision (a)(4)(e), in that Respondent exceeded the scope of the practice of chiropractic by using, allowing to be used, or failing to prevent the administration of controlled substances by his employee, A.D., as set forth in paragraph 28, above.

THIRD CAUSE FOR DISCIPLINE

(Conduct Likely to Endanger the Health, Safety, and Welfare of the Public)

31. Respondent is subject to disciplinary action pursuant to section 10 of the Act, and Cal. Code Regs., title 16, section 317) subdivision (e), in that Respondent engaged in conduct that endangered or was likely to endanger the health, safety, and welfare of his patients and the public as described in-paragraphs 23-29, above.

32. Patient E.K, was diagnosed with stage 4 colon cancer in November 20l2. Ho began seeking alternative therapies and medication, and ultimately consulted with a doctor in Reno, Nevada, who stated that E.K. was low in vitamin C and would need frequent infusions.

33. On or about July 31, 2013, Patient E.K. had his initial consultation with Respondent in regards to obtaining "nutritional IVs" of vitamin C and amino acids from Respondent. Patient E.K. was informed that a Registered Nurse (RN) named Michelle on staff at Respondent's facility would place the IVs into his arm.

34. On or about September 27, 2013, Michelle· contacted E.K. and offered a package deal for multiple "nutritional IV" sessions with Respondent for $11,479.50, which E.K. purchased.

35. Respondent billed H.K. for a "nutritional IV" session on October 3, 2013. E.K. 's records indicate that no services were performed on that date.

36. E.K. was admitted to the hospital on October 13, 2013, E.K. never left the hospital and died on November 3, 2013.

37. At the time of his death, E.K. had not used the pre-paid plan; therefore, on or about November 13, 2013, his widow, R.K. requested a refund. On March 3, 2013, Respondent agreed to· refund the $11,479.50, and signed a Reimbursement/Refund schedule agreeing to pay R.K. three equal monthly payments of $3,826.50, On the same date, Respondent also provided a check to R.K. for the last monthly payment, Respondent subsequently canceled the check he provided to R.K.1 causing her to incur a returned check fee.

38. Respondent completed the refund to R.K. on or about April 30, 2014, more than twelve (12) months after his initial agreement3.

3The initial Accusation in this matter was filed on January 15, 2014. On April 4, 2014, Respondent was informed of the Board's investigation into R.K.'s complaint.

FOURTH CAUSE FOR DISCIPLINE

(Gross Negligence)

39. Respondent is subject to disciplinary action pursuant to section 10 of the Act, for unprofessional conduct as defined by Code Regs., title 16, section 3171 subdivision (a), in that Respondent was grossly negligent in his treatment of patient B.K. as follows:

a. Respondent failed to obtain a reasonable and adequate patient history or perform a reasonable patient evaluation, including information regarding the patient's entering or initial complaint and health status, past health history, and history of present illness.

b. Respondent failed to use appropriate methods of examination, failed to select or analyze examination tests or procedures, failed to assess or interpret any physical findings or observations, failed to record or document B.K.'s status and progress, failed to monitor the 'efficacy of the therapies provided, and failed to modify the care plan based on B.K.'s status and progress.

FIFTH CAUSE FOR DISCIPLINE

(Failing to Ensure Accurate Billing)

40. Respondent is subject to disciplinary action pursuant to section 10 of the Act for unprofessional conduct under Cal. Code Regs., title 16, section 317, subdivision (m), and Cal. Code Regs., title 16, section 318, subdivision (b), in that Respondent failed to ensure accurate billing of chiropractic services as follows:

a. Respondent failed to comply with professionally and legally accepted methods of recording and organizing transactions and services.

b. Respondent billed for services on a date on which services were not 'performed as set forth in paragraph 35, above.

c. Respondent failed to have a written contract for the pre-paid services plan purchased by E.K., failed to maintain an escrow account for pre-paid services, and failed to maintain any or proper records of use of' the pre-paid services plan.

SIXTH CAUSE FOR DISCIPLINE

(Acts Involving Moral Turpitude, Dishonesty, or Corruption)

41. Respondent is subject to disciplinary action pursuant to section 10 of the Act for unprofessional conduct as defined under Cal. Code Regs., title 16, section 317, subdivision (k), in that Respondent engaged in acts involving moral turpitude, dishonesty, or corruption, as follows:

a. Respondent promised to refund the pre-payment plan to B.K.'s widow, R.K., and signed a payment schedule but then failed to comply with the refund and payment schedule, as described in paragraph 37, above.

b. Respondent gave a check to R.K. as an initial payment but subsequently canceled the, check, which caused R.K. to incur a return check fee, as described in paragraph 37, above.

SEVENTH CAUSE FOR DISCIPLINE

(Unprofessional Conduct)

42. Respondent is subject to disciplinary action pursuant-to section 10 of the Act for unprofessional conduct under Cal. Code Regs., title 16, section 317, subdivision (m), in that Respondent failed to comply with the provisions of Cal. Code Regs., title 16, section 318, subdivision (a), and Cal. Code Regs., title 16, section 319.1, as follows:

a. Patient records for E.K. do not contain the patient's height and weight prior to treatment, in violation of Cal. Code Regs., title 16, section 318, subdivision (a)(2).

b. Respondent failed to sign the patient history, complaint, diagnosis/analysis, and treatment in violation of Cal. Code Regs., title 16, section 318, subdivision ( a)(3).

c. Respondent failed to obtain signed written informed consent of the material risks of the proposed care as specified in section 319.1, in violation of Cal. Code Regs., title 16, section 318, subdivision (a)(7), and Cal Code Regs., title 16, section 319.1.

PATIENT A.H.

43. Patient A.H. first saw Respondent in October 2014. Patient A.H. was under the care of an M.D. for hormone replacement therapy. Respondent never spoke to A.H.'s physician.

44. Respondent required A.H. to obtain blood work, then met with her and informed her that she was "completely depleted" of hormones, Respondent's employee, C.L., provided A.H. with progesterone pills, and a compounded hormone cream containing estrogen, testosterone, and progesterone, C.L. told A.H, to take one progesterone pill every evening, and apply four clicks4 of the cream.

4The cream is in a small bottle with a ring around the bottom of the bottle. When the ring is turned, the floor of the bottle rises and cream is expelled out the top similar to some types of toothpaste or deodorant bottles. The patient then applies the cream expelled to their skin.

45. Both the progesterone pills and the compounded hormone cream bore the physician name "Dr. Xeller" as the prescribing physician. A.H. never met or spoke with Dr. Xeller. There is no record of Dr. Xeller ever reviewing A.H.'s patient records.

46. Approximately one month after this appointment, A.H. had a follow up appointment with Respondent. At that time, A.H. told Respondent she was not feeling better, and he increased the dosage of the compounded hormone cream to five clicks per day.

47. Approximately one month after this appointment, A.H. began to have significant negative medical symptoms, which she feared were from the progesterone pills and the compounded hormone cream.

48. In or about January and February, 2015, A.H. called Respondent's office to discuss her negative symptoms and stopping the progesterone pills and compounded hormone cream. She spoke to C.L. and attempted to speak to Respondent. Neither C.L. nor Respondent ever mentioned Dr Xeller or referred A.H. to Dr. Xeller to discuss her concerns.

49. On or about February 11, 2015, A.H. received results of a saliva lest for her hormone levels. A.H.'s hormone levels exceeded safe and recommended levels as follows:

Drug A.H.' s Level Recommended Range
Estradiol (Estrogen) 698.6 pg/mL 0.8-12 pg/mL, Estrogen Replacement
( optimal range: 1.3-3.3 pg/mL)
Progesterone 22,365 pg/rnL 200-3,000 pg/mL Topically Applied
Testosterone 3,231 pg/mL 16-55 pg/mL Age Dependent

50. On or about February 11, 2015, Respondent provided a $720.00 refund to A.H.

EIGHTH CAUSE FOR DISCIPLINE

(Violation of Laws Governing Dispensing and Administering Controlled Substances)

51. Respondent is subject to disciplinary action pursuant to section 10 of the Act, and Cal. Code Regs., title 16, section 316, subdivision (a), in that Respondent failed to insure that all conduct by employees or other persons subject to his supervision In his place of practice conformed to the law and regulations governing the practice of chiropractic. Respondent, his employees, or other persons subject to Respondent's supervision violated Cal. Code Regs., title 16, section 317, subdivision (j), by violating Health and Safety Code section 11379, subdivision (a), in that Respondent's office and employees furnished a controlled substance, Testosterone, under Respondent's supervision, and without the presence of a medical physician or other properly authorized medical personnel, as set forth in paragraphs 43-48, above.

NINTH CAUSE FOR DISCIPLINE

(Conduct Outside the Scope of Chiropractic Practice)

52. Respondent is subject to disciplinary action pursuant to section 10 of the Act, and Cal.. Code Regs., title 16, section 302, subdivision (a)(7), in that Respondent held himself out as practicing hormonal consultation services including treatment of symptoms, prescribing and dispensing. prescription medications, and prescribing dose modifications. Respondent did not provide chiropractic services to A.H. Respondent solely provided hormonal consultation services, including interpreting test results for the patient, appearing to prescribe medications, and adjusting the dose of medications without consulting with a medical doctor. A.H. referred to Respondent and believed he was her primary medical treatment provider.

53. Respondent is subject to disciplinary action pursuant to section 10 of the Act, and Cal. Code Regs., title 16, section 302, subdivision (a)(4)(E), in that Respondent prescribed and furnished, or directed his employees to furnish and dispense, dangerous drugs and a controlled substance to A.H., as set forth in paragraphs 43-48, above.

TENTH CAUSE FOR DISCIPLINE

(Conduct Likely to Endanger the Health, Safety, and Welfare of the Public)

54. Respondent is subject to disciplinary action pursuant to section 10 of the Act, and Cal. Code Regs., title 16, section 317, subdivision (e), in that Respondent engaged in conduct that endangered or was likely to endanger the health, safety, and welfare of his patients and the public as described in paragraphs 43-53, above.

PATIENT S.P.

55. Patient S.P. first saw Respondent on or about April 2, 2014. She was referred to Respondent by another patient for the sole purpose of seeking hormone replacement therapy. S.P. has been diagnosed with lupus, and asked Respondent if hormone replacement therapy was appropriate due to her lupus diagnosis. Respondent told her that it was.

56. Respondent required S.P. to obtain blood work, then met with her and informed her that she was "completely depleted" of hormones. Respondent provided S.P. with progesterone pills, and a compounded hormone cream containing estrogen, testosterone, and progesterone. Respondent told, S.P. to take 100mg of progesterone daily. Respondent's chart reflects 400mg of progesterone daily, and four clicks5 of "PM3'' which is a compounded hormone cream of estradiol, progesterone, and testosterone.

5The cream is in a small bottle with a ring around the bottom of the bottle, When the ring is turned, the floor of the bottle rises and cream is expelled out the top similar to some types of toothpaste or deodorant bottles. The patient then applies the cream expelled to their skin.

57. Both the progesterone pills and the compounded hormone cream bore the physician name "Dr. Xeller" as the prescribing physician, S.P, never met or spoke with Dr. Xeller. There is no record of Dr. Xeller ever reviewing S.P.'s patient records.

58. On or about April 23, 2014, S.P. had a follow up appointment with Respondent. At that time, S.P. told Respondent that she was very sleepy during the day. Respondent changed the dosage of progesterone to 200mg daily.

59. On or about May 28, 2014, S.P. told Respondent that she still had very low libido, and states that Respondent told her he would lower the progesterone back to 100mg daily, but prescribed a testosterone cream for "dryness and low sex drive." Respondent's chart notes reflect that progesterone continued to be 200mg daily with the addition of the testosterone cream.

60. On or about June 9, 2014, S.P, reported to Respondent that she was tired, and he recommended" that she lose weight through "The Hill Diet." S.P. began the diet which included B-12 injections and colonics.

61. On or about August 11, 2014, S.P. met with Respondent and told him she was very anxious, and had been recommended to get off the hormone replacement therapy. Respondent prescribed her a tablet which he told her was an "anxiety tablet" and that whenever she was. home and felt wired, she should take a tablet, Respondent's chart records reflect that he prescribed S.P. an additional 100mg of progesterone.

62. On or about October 27, 2014, S.P, returned to meet with Respondent again, and he ordered her to take another blood test. When the results came back, Respondent told S.P, that he had diagnosed her with a thyroid issue. S.P. had never before been diagnosed with a thyroid issue, Respondent prescribed and dispensed a dangerous drug, Armour Thyroid ½ Grain, to S.P. and increased progesterone to 400mg daily. S.P. also reported acne, and Respondent discontinued the testosterone cream.

63. On or about December 8, 2014, S.P. reported hot flashes and breast discharge to Respondent. Respondent made no changes to S.P.'s prescriptions.

64. On or about February 18, 2015, S.P. called to ask Respondent why her menstrual cycle had resumed eight (8) years after the onset of menopause, Neither Respondent nor any of his employees ever mentioned Dr. Xeller or referred A.H. to Dr. Xeller to discuss her concerns.

65, On or about February 23, 2015, Respondent refunded S.P. approximately $1,040.00 for the cost of her treatment.

ELEVENTH CAUSE FOR DISCIPLINE

(Conduct Outside the Scope of Chiropractic Practice)

66. Respondent subject to disciplinary action pursuant to section 10 of the Act, and Cal. Code Regs., title 16, section 302, subdivision (a)(7), in that Respondent held himself out as practicing hormonal consultation services including treatment of symptoms, prescribing and dispensing prescription medications, and prescribing dose modifications, Respondent did not provide chiropractic services to S.P. Respondent solely provided hormonal consultation services, including interpreting test results for the patient, appearing to prescribe medications, and adjusting the dose of medications without consulting with a medical doctor. S.P., referred to Respondent as, and believed he was, her primary medical treatment provider.

67. Respondent is subject to disciplinary action pursuant to section 10 of the Act, and Cal Code Regs., title 16, section 302, subdivision (a)(4)(E), in that Respondent prescribed and furnished, or directed his employees to furnish and dispense, dangerous drugs and controlled substance to S.P., M set forth in paragraphs 55-64, above.

TWELFTH CAUSE FOR DISCIPLINE:

(Excessive Treatment)

68. Respondent is subject to disciplinary action pursuant to section 10 of the Act, and Cal. Code Regs., title 16, section 317, subdivision (d), in that Respondent prescribed, dispensed, or caused his employees to dispense estrogen, progesterone, and levothyroxine (thyroid medication) in excess of the patient's needs, and likely to cause adverse effects.

THIRTEENTH CAUSE FOR DISCIPLINE

(Failure to Refer)

69. Respondent is subject to disciplinary action pursuant to section 10 of the Act, and Cal Code Regs., title 16, section 317, subdivision (w), in that Respondent provided hormone replacement therapy for patient S.P. rather than referring S.P. to a gynecologist or endocrinologist to manage S.P.'s medical care, as set forth in paragraphs 55~64, above.

FOURTEENTH CAUSE FOR DISCIPLINE

(Violation of Laws Governing Dispensing and Administering Controlled Substances)

70. Respondent is subject to disciplinary action pursuant to section 10 of the Act, and Cal. Code Regs., title 16, section 316, subdivision (a), in that Respondent failed to insure that all conduct by employees or other persons subject to his supervision in his place of practice conformed to the law and regulations governing the practice of chiropractic. Respondent, his employees, or other persons subject to Respondent's supervision violated Cal. Code Regs., title 16, section 317, subdivision (j) by violating Health and Safety Code section 11379, subdivision (a), in that Respondent's office and employees furnished a controlled substance, Testosterone, under Respondent's supervision, and without the presence of a medical physician or other properly authorized medical personnel, as set forth in paragraphs 55-64, above.

FIFTEENTH CAUSE FOR DISCIPLINE

(Conduct Likely to Endanger the Health, Safety, and Welfare of the Public)

71. Respondent is subject to disciplinary action pursuant to section 10 of the Act, and Cal. Code Regs., title 16, section 317, subdivision (e), in that Respondent engaged in conduct that endangered or was likely to endanger the health, safety, and welfare of his patients and the public as described in paragraphs 55-70, above.

PRAYER

WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged. and that following the hearing, the Board of Chiropractic Examiners issue a decision:

1. Revoking or suspending Chiropractic License Number DC 18107, issued to Brent Anthony Hill;

2. Ordering Brent Anthony Hill to pay the Board of Chiropractic Examiners the reasonable costs of the investigation and enforcement of this case, pursuant to California Code of Regulations, title 16, section 317.5.

3. Taking such other and further action as deemed necessary and proper.

DATED: 10/26/15

_____________________
ROBERT PULEO
Executive Officer
Board of Chiropractic Examiners
State of California
Complainant

This article was posted on September 20, 2017.

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