Marin Doctor Sentenced to Prison For Illegal Oxycodone Prescriptions

MARIN COUNTY, CA — A Marin doctor who pleaded guilty in March to illegally prescribing oxycodone was sentenced Tuesday in an Oakland court to three years in federal prison.

In addition, Dr. Michael R. Chiarottino was ordered to serve five years probation, according to a news release from U.S. Attorney Brian Stretch and Drug Enforcement Administration Special Agent in Charge John J. Martin.

Chiarottino, 68, of San Rafael, whose medical license is suspended, was initially indicted by a federal Grand Jury on Sept. 14, 2014 and charged with 15 counts of distribution of controlled substances.

In his plea agreement, Chiarottino admitted that between Feb. 12, 2013, and March 6, 2014, he prescribed large quantities of controlled substances, including oxycodone, oxymorphone, hydromorphone, methadone and hydrocodone, to undercover DEA agents posing as patients in exchange for cash.

On each occasion, prosecutors say, Chiarottino failed to conduct an appropriate medical examination of, or obtain a sufficient patient medical history from, the undercover agent to support a prescription for such a large quantity of narcotics.

In total, Chiarottino prescribed 46.8 grams of oxycodone — 1,530 30-milligram pills — and admitted doing so with the intent to act outside the usual course of professional practice and without a legitimate medical purpose.

In his plea agreement, Chiarottino also admitted that he met with patients and wrote prescriptions for controlled substances at North Bay Pain Management Services and therefore maintained a premises for the distribution of controlled substances.

Chiarottino also admitted that, as a licensed physician and DEA registrant, he abused a position of trust and used a special skill to intentionally prescribe controlled substances without a legitimate medical purpose, court documents show.

In handing down Chiarottino's sentence, U.S. District Court Judge Jeffrey White ordered Chiarottino to begin serving his prison term on Oct. 20.

While serving his subsequent term of probation, Chiarottino is barred from providing medical treatment or examining any patient in the course of any employment or professional practice.

He also may not prescribe medicine or controlled substances to anyone and may not supervise any medical practitioner in treating any medical patients or prescribing any medication.

Finally, as a condition of his supervised release, prosecutors said, Chiarottino is required to cooperate with and not contest any administrative action to revoke or suspend his license to practice medicine or prescribe controlled substances by the Medical Board of California and the DEA.

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