State Itching to Boot Pot Club Podiatrist
He's misusing his license, panel says

Maria Alicia Gaura, Chronicle Staff Writer

SAN JOSE

The state medical board is threatening to rescind the

license of the medical director of the Santa Clara
County Medical Cannabis Center because he's a
podiatrist, and not qualified to treat anything but
feet.

Podiatrist Dennis Augustine has been warned by the
Medical Board of California to stop calling himself a
``medical director'' or face the loss of his medical
license. The warning was denounced as a politically
motivated attack by the center's founders, who vowed to
keep Augustine's title.

``The bottom line is that they are harassing doctors
that are involved with medicinal marijuana,'' said Peter
Baez, cofounder of the center. ``It is outrageous and
we are going to fight it.''

State officials said that Augustine is the problem, not
medical marijuana. They said Augustine is presenting
himself in a ``false light'' by calling himself a
medical director thereby implying to the public that
he is qualified to treat more than feet and ankles,
which is what podiatrists are limited to by law. In
addition, they noted, Augustine's podiatric license has
been on ``disability status'' since 1990.

``Under his disability status he can't practice any kind
of medicine at all,'' said Jim Rathlesberger, executive
officer of the state board of podiatric medicine. ``And
presenting himself as a `medical director' (in the
press) is advertising under California law . . . he is
implying that he is a physician and surgeon, and he is
not.''

Augustine called the board's complaints ``bureaucratic
hair splitting,'' and said he has no intention of
deceiving the public.

``My card says that I'm a retired foot surgeon,''
Augustine said. ``This makes it clear why so many

doctors are afraid to take a controversial stance.''

Rathlesberger said the state board decided to
investigate after receiving ``numerous complaints''
about Augustine's statements in published interviews. He
said if Augustine does not shed the title and make it
clear he is not acting in the capacity of a physician,
the board can fine him up to $2,500 and revoke his
medical license.

Augustine has not practiced podiatry since 1990, when he
was declared ``permanently disabled'' due to low back,
arm and hand problems, according to the state board. He
cannot legally practice medicine without renewing his
license, Rathlesberger said.

``It reflects poorly on him and the organization,''
Rathlesberger said. ``Why have an unlicensed person as a
medical director?''

But Both Baez and cofounder Jesse Garcia stoutly
defended Augustine, who they say has been a valuable
resource in dealing with the medical bureaucracy and in
raising funds.

``He's not giving medical advice or writing
prescriptions,'' Baez said. ``This is just how they
terrorize doctors who get involved'' with medicinal
marijuana. He said the warning letter was motivated by
the state's opposition to Proposition 215, which
legalized the use of medicinal marijuana in November.

Candis Cohen, spokeswoman for the Medical Board of
California, called the charges of official harassment
``ludicrous.''

``We are required to investigate complaints about
physicians, but to date we have received none about
doctors who are prescribing marijuana,'' Cohen said.
``There is no witch hunt.''

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