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Department of Consumer Affailrs explains on April 1, 2008 to Hillarie Levy how there is no enforcement law against a doctor that illegally obtains or attempts to obtain a deceased patients organs for transplant CU File Number MB 2008 76 Department of Consumer Affailrs explains on April 1, 2008 to Hillarie Levy how there is no enforcement law against a doctor that illegally obtains or attempts to obtain a deceased patients organs for transplant CU File Number MB 2008 76 April 1 , 2008

CU File Number MB 2008 76

Hillarie Levy 

Dear Ms. Levy:

Thank you for contacting the Department of Consumer-Affairs (DCA) regarding the Medical Board of California (Board) and your complaint against Dr. Shahab Attarchi.

Your complaint has been reviewed by the Office of the Attorney General, Health Quality Enforcement Section, by two separate Deputy Attorney Generals. They concluded there were no grounds for disciplinary action to constitute unprofessional conduct. The Board must rely on the advice and counsel of the Attorney General when determining the basis for taking disciplinary action against a licensee. In this case, the prosecutors have concluded there is no basis to charge Dr. Attarchi with unprofessional conduct. We recommend you seek legal counsel if you wish to pursue this further.

You may also contact the California Medical Association for assistance with your complaint. The contact information is listed below:

Los Angeles County Medical Association 707 Wilshire Boulevard, Suite 3800 Los Angeles, CA 90017 Telephone: (213) 683-9900 Website: www.lacmanet.org

I regret that we cannot grant the resolution you desire, but the "Board has acted in accordance with the law in the handling of your complaint. Therefore, this matter will remain closed and no further action will be taken.

Sincerely,

Gary Weitman, Chief Consumer Information Center

cc:  Medical Board of California

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Reply from Hillarie Levy to Mr. Weitman of April 7, 2008

Department of Consumer Affairs Consumer Information Center 1625 North Market Blvd., Suite N-112 Sacramento, CA 95834 Attention: Gary Weitman, Chief

April 7, 2008

CD File Number MB 2008 76

Dear Mr. Weitman,

The enclosed April 1, 2008 form letter informing me of DCA's intent to defend the Medical Board's actions of nonresponse to a complaint concerning mul­ti­ple proven violations by Shahab Attarchi MD, compelled me to respond.

The enclosed recent articles demonstrate how violations of California Probate Code sections §4733(a) and §4736(a), Knox Keene Act Title 42 part 482 and California Health and Safety Code section §7154(b), have life threatening irreversible effects on transplant and donor patients.

Although the DCA or Attorney General does not deny these violations occurred, concluded "there were no grounds for disciplinary action to constitute unprofessional conduct." I am requesting a copy of the Attorney General's report so I and the many other donor and transplant victims can better understand why they must continue to suffer from phy­si­cians that are allowed to violate these laws.

DCA also offered misleading information by suggesting that the Los Angeles Medical Association and legal counsel would assist with Dr. Attarchi's violations of the laws:

1) According to the enclosed webpage of the Los Angeles County Medical Association, their goal is to "rep­re­sent phy­si­cians." 2) Legal Counsel has proven to be expensive and ineffective for indi­vid­uals pursuing state violations in the Court system. According to their website, the Attorney General is re­spon­si­ble for violations of state laws.

Thank you in advance for a clear and concise response to these life threatening violations of the law.

Sincerely,

Hillarie Levy

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