STATE OF ILLINOIS DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION DIVISION OF PROFESSIONAL REGULATION, DEPARTMENT OF PROFESSIONAL REGULATION) & 2 ofthe State of Minos, Complainant, ) = ) 3 8 v ) No, 201400085 — 3 ) 2 BODO EF. SCHNEIDER, MD, ) 2 License No, 036071559, Respondent, ) COMPLAINT NOW COMES THE DIVISION OF PROFESSIONAL REGULATION of the DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION of the State of Mlinois Department’), by its Chief of Medical Prosecutions, Laura E, Forester, and as its Complaint against Bodo E, Schneider, M.D. (“Respondent”), states as follows: count 1. Respondent is presently the holder of a Cerificate of Registration as a Physician and ‘Surgeon in the State a tlinis, License Number 036,071559, issued by the Department, Said license is presently in ACTIVE status; 2. The Department has jurisdiction to investigate complains and to bring this action Pursuant 10 201LCS § 2105/2105-15(a\S) and 225 ILCS § 60/36; 3. Atal relevant times, Respondent was practicing as a Physician and Surgeon in the State of Minos; 4. Atal elevant ses, Respondent was the sole owner of Gateway Enterprises LLC: 5. Gateway Enterprises LLC is registered in the State of Colorado; 6. Gateway Enterprises LLC is nt registered inthe State of lino; 7. Gateway Enterprises LLC does andor has done business in Michigan and Illinois under the following business names: a. Gateways Certification Center b. Gateways Compassionate Care Clinic; and Page 10f613. 14, Pied Pfeifer Compassionate Care Cini Respondent was the co-founder of Gatew Michigan: CCemitication Center, located in Aan Arbor, Danielle Castanon isa co-founder of Gateways Certification Center, lated in Ann Arbor, Michigan; Danielle Castmon doesnot hod a professional license in the state of Ulin Gateways Cerification Center changed its name to Gateways Compassionate Care Clinic; At all relevan: times, Gateways Compassionate Care Clinie operated t0 provide Medical Marijuana Registry cards to the citizens of Michigan; Gateways Compassionate Care Clinic. maintained =a website at hup/fgatewayscerfestioncentercom: On or about January 10, 2012, Gateways Compassionate Care Clinie expanded its physical Tocations to Hlinois; (On or about January 10, 2012, Gateways Compassionate Care Clinic posted the following on the above-referenced website “January 1, 2014, Minis will begin to accept certifications for patents in Illinois for their use of medical marijuana. However, Mlinois being Illinois, has putin. the ‘egulations tat patients can only receive cetlieation from & physician with whom they have an established relationship with and is involved in treating their underlying ‘qualifying condition. So Gateways has established a clinie in Marion, IL and is Accepting naw patient to stat this process. Call Danielle for appointments. A temporary address in Frankfurt, IL as heen established.” ‘The Compassicnate Use of Medical Cannabis Pilot Program Act (hereinafter “the Medical Cannabis Act") 410 ILCS § 130, didnot take effect until January 1, 2014 (On or about January 10, 2012, the Rules for Administration ofthe Medical Cannabis Act hnad yet tobe promulgate: On or about Jaruary 10, 2012, under the Medical Cannabis Act, “al physician may not ‘accept, solicit, or offer any form of remuneration from or to a qualifying patient, primary caregiver, cultivation center, or dispensing organization, incding each principal officer, board member, agent, and employee other than accepting payment from a patient for the fee associated with the examination required prior to certifying a qualifying patient” 410 ILCS § 130/350); Page 20162, 30, 31 (On or about September 2013, Respondent opened a permanent Ilinois location for Gateways Compassionate Care Clinic, located at $386 Old Route 13 Marion, Ilinois 62959; A all relevant times, Respondent was the Medical Director of Gateway Compassionate Care Clinic located at 8386 Old Route 13 Maron, Hinois 62959: (On or about December 2013, Respondent opened another permanent Hlinois location for Gateways Compassionate Care Clinic, located at 16602 107" Cour, Orland Park, Ilinois 60467; ‘At all relevant times, Respondent was the Medical Director of Gateways Compassionate (Care Cline located at 16602 107 Court, rand Park, Hlinois 60467; The Illinois locations for Gateways Compassionate Care Clinic did business as Pied Pfeifer Compassionate Care Clinics Pied Pfeifer Compassionate Care Clinic maintained =a website at Inpsipiedpteitercompassionatecareclinic.comvabout-us html; On November 13,2014, the website stated the following: “Pied Pfeifer also helps patients to receive a recommendation for cannabis as an altemative teatmeat option if all other ‘neatments have failed and prescription opiates are not desired. Ths location is both licensed and certified tocarry out private medical marijuana evaluations." Pied Pieifer Compassionate Care Clinic maintained a profile on httpv/orwwmatiiunadoctors.com; Individuals intrested in qualifing for medical marijuana (hereinafter schedule an appointment through use ofthe above-mentioned websites; "Applicans”) could (On or about December 2013, Applicant LK, scheduled an appointment for a medical ‘marijuana valuation through use ofthe following website Laps: ww marijuanaioctors.com/medical-marijuana-doctorsTLorland-park’pied-pfiter- ‘oforland- park 1266; When Applicant LK. called to schedule an appointment at Pied Pfeifer Compassionate Care Clinic, te telephone call was fiekéed by an out-of-state call center, organization, ‘business, and/orcompany; ‘The individuals ftom the out-of-state call center, organization, business, andor company ‘were not physicians and/or not medically tran ‘The out-of-state call center. organization, business, and/or company’ informed Applicant LK. of the following process to schedule a medical marijuana evaluation with Respondent at Pied Pfeifer Compassionate Care Clinic in llnos Pageaots2, 2 4. 35. 36. Applizants were required to complete a medical intake imerview; Applicants were required to pay an eighty dollar (S80) registration fee forthe initia nied! marjusna consultation ©. Respondent only acvepted cash payments; 4. Respondent’ clerical staf would meet with the Applicants to perform the initial ‘medical marijuana consultation; Respondent would not attend the initial medical marijuana consultation; £. Applicants seeking medical marijuana were required to atend a second medical marijunna evaluations & Applicants were required to pay a one-hundred and eighty dollar ($180.00) consulation fee forthe second medical marijuana evalustion; fh, Respondent only accepted cash payments; 4, Respordent met with Applicants during the second medical marijuane evaluation to review medical records and conduet a physical exemination: J+ Applicants seeking medical marijuana Were required o attend a third visits K. Applicants were required to pay a forty-five dollar ($45) fee for the tind visit |. During the third visit, Respondent met with Applicants to complete paperwork required to qualify for medical marjuana by the Illinois Department of Health; 1m, Responient andlor his employees mailed the paperwork tothe Illinois Department of Health; 1. Applicants are requited to see Respondent atleast three times per year; Atall relevant times, Respondent was the only licensed health care professional employed at the Mlnois locations for Gateway Enterprises LLC; Respondent js an emergency room physician; Gateway Enterprises LLC served approximately two hundred and fifty (250) patients; Approximately, two hundred (200) patients sought belp in qualifying for medical marijuana; Respondent me: with approximately two hundred (200) pationts to evaluate whether they ‘could qualify for medical marijuana; Page dof38, 40, 41 ‘Respondent told approximately eighty to eighty-five percent ofthe aforementioned pticnts that they qualified for medical marijuana; AAs currently enacted, under the Medical Cannabis Act, @ certification for medical ‘marijuana “can only be made in the course of a bona fide physiian-patient relationship, after the physician has completed an assessment of the qualifying patients medical history, reviewed relevant records related to the patient's debilitating condition, and ‘conducted a physical examination.” 410 ILCS § 130/103), Respondent charged Applicants a fee for pre-cetfcation for medical marijuana without conducting physical examinations, Respondent charged Applicants a fee for pre-certication for medical marijuana without establishing a legitimate physician-paient relationship. The foregoing acts and/or omissions of Respondent are grounds for revocation or Suspension of a Certificate of Registration pursuant to 225 ILCS § 60/22(A}3), relying on. the Rules for the Administration of the Medical Practice Act, Ilinois Administrative Code Title 68 § 1285.240(a\1}(A); 6022(4}6), 31) and 44). WHEREFORE, based on the foregoing allegations, the DEPARTMENT OF FINANCIAL. AND PROFESSIONAL REGULATION, DIVISION OF PROFESSIONAL REGULATION, of the State of Iino, by Laura E. Forester, its Chief of Medical Prosecutions, prays that the Physician and Surgeon License of BODO E. SCHNEIDER, M.D,, be suspended, revoked, or otherwise disciplined Page SofDEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION, DIVISION OF PROFESSIONAL REGULATION f TauraE, Forster — nt, Medical Prosee nal Regulation