Gandotra

Defendant Suresh Gandotra, M.D., operated a medical clinic in Los Angeles County. An undercover investigation by the Bureau of Medi-Cal Fraud and Patient Abuse of the California Department of Justice revealed Dr. Gandotra had falsely billed Medi-Cal for patients who either were not treated or were treated by unlicensed medical assistants in violation of Medi-Cal regulations and state licensing laws.

In the published portion of the opinion, we discuss Dr. Gandotra’s convictions of aiding and abetting his unlicensed assistant in the prescribing and furnishing of controlled substances (Health & Saf. Code, §§ 11153, subd. (a) [counts 6, 10], 11352 subd. (a) [count 8]). Dr. Gandotra contends these counts must be reversed because there was no evidence at trial that the challenged prescriptions and medications were medically inappropriate treatments of the symptoms described by the undercover agents to the unlicensed assistant. Dr. Gandotra argues that, on this record, had he personally prescribed and furnished the medications, he could not have been charged under these statutes. We uphold the convictions on these counts.

In the unpublished portion of the opinion, we modify…