ORONO, Maine - A doctor who operated a medical marijuana clinic out of an Orono inn last year has been reprimanded and fined by the Maine Board of Licensure in Medicine. The doctor saw nearly 60 patients over the course of two days to issue medical marijuana certificates, regulators say. State officials say that as Maine's young medical marijuana program evolves, the challenge is to ensure that physicians don't use it solely as a revenue-generating opportunity.
The first patients arrived at 8 a.m. on March 20, 2013. Dr. William Ortiz, an internist with an office listed in Caribou, had decided to hold a so-called "seminar" on medical marijuana at the University Motor Inn in Orono. People from around the state came to dole out $200 in cash to get a medical marijuana certificate - so many people, in fact, that Ortiz had 33 appointments lasting until 3 o'clock in the morning. A few hours later, he resumed appointments, seeing 11 more patients before moving to the Black Bear Inn in Orono to see 15 more.
But when those patients used their certificates to get medical marijuana, some dispensaries and caregivers tipped off Maine's Division of Licensing and Regulatory Services that something didn't seem quite right. Ken Albert is the division's director.
"When you are renting a hotel room and processing patients every few minutes till 3 o'clock in the morning, then it's hard to claim that you are developing a bona fide physician/patient relationship such that you can certify that patient is qualified for medical marijuana."
Albert says the Division of Licensing investigates a couple of doctors a year over concerns about the lack of a bona fide physician-patient relationship when issuing medical marijuana certificates. The investigation of Dr. Ortiz found that the records 44 of the 59 patients he saw over those two days in March of 2013 show no evidence that he performed an examination.
Tim Terranova, of the Maine Board of Licensure in Medicine, says after reviewing the case, the board decided to officially reprimand Ortiz. "It is reported to a national data bank, and it will provided to any state that he has a license in, and will be reported to any state he tries to get a license in," Terranova says.
Ortiz also has to pay a $2,000 fine and a $1,400 reimbursement to the medical board to cover the expenses of the investigation. Ken Albert, of Maine's Division of Licensing, says those who are hurt the most by Ortiz;s unprofessional conduct are his patients.
""Because their certification they've paid for - anywhere between $250 and $300 - is not valid, and will not be accepted by the state or dispensary or caregiver for dispensing medical marijuana," Albert says. "And there's very little remedy available to these patients."
Dr. Ortiz has 30 days to pay his fines. As soon as he does, his license will be renewed in Maine. Ortiz also has licenses in Massachusetts, Florida, and Kentucky, but no regulatory actions have been taken against him in those states.
