Brian Boggs, M.D., Board Secretary
State Board of Medical Licensure and Supervision
101 N.E. 51st Street
Oklahoma City, OK 73105-1821
Re: Rezaei (“Defendant”), Case No. 24-10-6399
Dear Dr. Boggs:
This office has received your request for a written Attorney General Opinion regarding action the State Board of Medical Licensure and Supervision (“Board”) intends to take in the above-referenced case. Defendant holds a medical license in the State of Oklahoma.
The Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act (“Act”) authorizes the Board to revoke or order other appropriate sanctions against the license of a physician for unprofessional conduct.[1] 59 O.S.2021, § 503 and 513(A). The Board's action is further authorized by 59 O.S.2021, § 509.l (A)(l).
On November 5, 2020, the Board entered an Order Granting Reinstatement of License Under Terms and Condition against Defendant. The terms and conditions were those included in a 2017 Agreement for Licensure and included that “Defendant will prescribe controlled dangerous substances for acute situations only, and not to exceed a period of fourteen (14) days.” Thereafter, according to a Board complaint, Defendant had prescribed controlled dangerous substances (“CDS”) to his girlfriend, who he lives with and who is an addict or habitue of controlled substances. A review of patient/girlfriend's Prescription Monitoring Program ("PMP") revealed Defendant initially prescribed CDS to her on February 24, 2023, and continued regularly prescribing numerous drugs including Phentermine, Xanax, Buprenorphine-Naloxone, Clonazepam and Dextroamphetamine-Amphetamine to her as recently as November 30, 2024, for a total of thirty-eight (38) times, filled at four (4) different pharmacies. Upon further investigation, Board investigators discovered that from May 3, 2021 through May 3, 2024, Defendant had been under an agreement with the Drug Enforcement Agency ("DEA"), who restricted his prescribing of CDS to Schedules III through V only and that he had failed to notify Oklahoma Bureau of Narcotics and Dangerous Drugs ("OBNDD") as required. It was further discovered that Defendant’s DEA registration was restricted on his OBNDD renewal and Defendant had since prescribed Schedule II CDS approximately 37 times while it was restricted. Review of the PMP shows that from May 6, 2024 through July 29, 2024, Defendant prescribed Schedule II narcotics one hundred five (105) times to fifty-one (51) patients without proper prescribing permissions from OBNDD.
Defendant did not appear for the hearing in person or through counsel after receiving proper notice. For these reasons, the Board proposes to take a default judgement against Defendant and revoke his medical license without the right to reapply. The Board may reasonably believe that the proposed action is necessary to deter future violations and to protect the public.
It is, therefore, the official opinion of the Attorney General that the State Board of Medical Licensure and Supervision has adequate support for the conclusion that this board action advances the State’s policy of protecting the health, safety, and well-being of the citizens of Oklahoma.
Cheryl Dixon
Deputy General Counsel
[1]Oklahoma statutes and the Board rules define “unprofessional conduct” to include: (11) “The writing of false or fictitious prescriptions for any drugs or narcotics declared by the laws of this state to be controlled or narcotic drugs;” (12) “Prescribing or administering a drug or treatment without sufficient examination and the establishment of a valid physician-patient relationship and not prescribing in a safe, medically accepted manner;” (16)(a) “Prescribing, dispensing or administering of controlled substances or narcotic drugs in excess of the amount considered good medical practice;” (16)(b) “Prescribing, dispensing or administering controlled substances or narcotic drugs without medical need in accordance with pertinent licensing board standards.” 59 O.S.2021, § 509 (11, 12, 16(a), 16(b); OAC 435:10-7-4 (1- 2, 6, 11, 24, 25, 32).
