Court nixes effort to yank M.D.'s license
Leigh Jones Journal Record Staff ReporterFor now, it appears that a Del City diet doctor can continue to hand out Pondimin, despite the State Bureau of Narcotic's attempts to shut him down.
A rare move by the State Bureau of Narcotics to suspend a Del City diet doctor's license prior to a show cause hearing has been rejected in Oklahoma County District Court.
Agents sought to suspend Dr. Leonardo H. Claravall's license to dispense diet pills before a hearing by alleging that the doctor posed an imminent threat to the public. Specifically, the bureau contended Dr. Claravall was not present while weight loss drugs such as Pondimin and Phentermine were dispensed in his clinic. According to the State Bureau of Narcotic's general counsel, Scott Rowland, Claravall's two sisters who are not licensed to practice medicine in Oklahoma were dispensing drugs while Claravall was absent. The sisters are licensed to practice in the Philippines. Rowland says his investigation was initiated when two of Claravall's patients contacted agents of the Bureau and questioned why the doctor was not present during treatment. After the Bureau's investigation which began in July, Claravall's license was revoked as posing an imminent threat to the public. Larry Derryberry, Claravall's attorney, filed a petition in county court on Sept. 13 alleging that the suspension of the doctor's license prior to a hearing constituted a denial of due process. The petition also alleged that the show cause hearing, an administrative procedure conducted by an assistant attorney general, would not provide him with an impartial tribunal. The doctor contended that since the Attorney General's office would be the attorneys of record for any civil action or appeal brought by Claravall, a conflict of interest existed because the AG's office was also scheduled to conduct the show cause hearing. Special Judge Charles G. Humble ruled last week that Claravall's license should not be suspended without a show cause hearing. "Judge Humble allowed Claravall to keep his license as long as he remained on the premises and basically complied with Oklahoma law," said Rowland. Claravall operates a weight loss clinic at 5510 SE 15th St. in Del City. The show cause hearing will be conducted by the attorney general's office and is likely to take place the second week in October, according to Rowland. Rowland also says that the show cause proceeding does not preclude criminal charges in these kinds of cases, but that decision is up to the district attorney. Claravall's attorney Larry Derryberry did not return phone calls.
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