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Doctor pleads not guilty to bogus prescriptions

09 Apr

Article Tab: Dr. Brian Swan booking photo.NEWPORT BEACH – A physician pleaded not guilty Monday to 20 felony charges of writing amphetamine prescriptions for a girlfriend and a former girlfriend so he could use the drugs himself.

Dr. Brian Michael Swan, 42, is scheduled for a May 7 pretrial before Judge Karen L. Robinson at the Harbor Justice Center in Newport Beach on charges that could yield a maximum prison sentence of 11 years and 8 months if he is convicted, Orange County Deputy District Attorney Nicole Varner said.

Swan’s Irvine-based attorney, Dyke Huish, was not immediately available for comment. Huish previously told City News Service that Swan has a “personal Adderall problem” and that he voluntarily put his medical license on temporary suspension as he seeks treatment for his addiction.

Adderall, an amphetamine salt-based medication used for attention deficit hyperactivity disorder and narcolepsy, is rated as having a high potential for abuse by the U.S. Drug Enforcement Administration and the Food and Drug Administration.

“He has an exceptional reputation with his clients and has never put any of his patients into a dangerous situation,” Huish told City News Service, adding that Swan has a legitimate prescription for Adderall from his doctor.

Swan, who lives in Irvine and whose main practice is in Anaheim, is board certified in internal medicine and family practice.

He first was charged in January with five felony counts of second-degree commercial burglary and unauthorized use of personal information involving his former girlfriend — charges that were folded into the new case that was refiled Monday, Vardner said.

According to the Orange County District Attorney’s Office and Irvine police, Swan began fraudulently writing the prescriptions around April 2011, when he and his then-live-in girlfriend broke up and she moved out.

On five occasions through Oct. 13, 2001, Swan allegedly wrote 22 Adderall prescriptions in the woman’s name without her knowledge at Sav-On and Target pharmacies, authorities say.

On Oct. 13, a Target store pharmacist confronted Swan after the prescription was denied by the woman’s insurance. The pharmacist contacted the woman, who said she did not know about or consent to the prescription.

When confronted, Swan allegedly presented his ex-girlfriend’s driver’s license to the pharmacist and fled, according to a news release issued by the Orange County District Attorney’s Office.

The Irvine Police Department investigated and learned of a second woman Swan began dating in September 2011 who later moved in with him.

Between October and January 2012, authorities say Swan wrote nine prescriptions in that woman’s name for drugs including Adderall, amphetamine salts and Vyvanse. The woman used some of the medications, but Swan allegedly prescribed extra for himself.

In the case involving his ex-girlfriend, Swan was charged Jan. 18 with five felonies. Fifteen more felony charges involving the second woman — his current girlfriend — were added to the case Monday.

Swan graduated from the University of Arizona College of Medicine in 2000, and his California medical license was issued in July 2004, according to public records.

He is chief medical officer of Prospice Physical Medical Centers, an Anaheim practice that specializes in the treatment of work-related and other injuries.

Swan remains free on $25,000 bail.

Register News Intern Sean Greene and City News Service contributed to this story.

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