The medical license of Dr. David Ray Zachary has been placed on seven years probation due to his conviction in a fraud case that also swept up fellow San Clemente-based family medicine physicians, according to the Medical Board of California.
The board's order, which became effective on Friday, was signed May 26 by Zachary and his lawyer Adam Still.
It cites for three causes of discipline: conviction of a crime substantially related to the qualifications, functions or duties of a physician and surgeon and general unprofessional conduct and violation of the Medical Practices Act due to that conviction.
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Zachary was engaged in the same fraud that led to guilty pleas by Drs. Eva and John Gentile. Like the Gentiles, Zachary pleaded guilty in Orange County Superior Court to misdemeanor aiding and abetting the unauthorized practice of medicine, in a plea deal that had multiple counts of felony conspiracy, medical fraud and sentencing enhancements dismissed. He received fines, three years probation and was ordered to pay $33,433.43 in restitution and volunteer 80 hours of free medical care, according to the medical board.
Under the terms of probation, Zachary must: perform 400 more hours of free medical or non-medical services; complete an ethics course; have his office billing monitored by a board designee; abstain from overseeing nurses or physician assistants or hiring or working and associating with any aestheticians; notify any hospitals or clinics where he has privileges of his probationary status; obey all laws; and submit quarterly reports to the board about his progress in fulfilling the probation conditions.
Failure to abide by any of those terms can cause medical license revocation procedures to kick in, the board warns.
Like Zachary’s medical license, Eva Gentile’s was also placed on seven years probation by the board, as we reported in July.