STATE OF ILLINOIS DEPARTMENT OF FINANCIAL AND PROFESSIONAL ...

STATE OF ILLINOIS
DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

DIVISION OF PROFESSIONAL REGULATION

DEPARTMENT OF FINANCIAL AND PROFESSIONAL)

REGULATION, State of Illinois, Complainant )

1
v. )

) No. 200700545

GERALD SAUL KANE, M.D. )

License No. 36035962 )

Controlled Substance License No. 336007014 1

Respondent )

ORDER

This matter having come before the Director of the Division of Professional Regulation

of the State of Illinois, on a Petition filed by the Chief of Medical Prosecutions of the Division,

which requested Temporary Suspension of the licenses of Respondent, and the Director, having

examined the Petition, finds that the public interest, safety and welfare imperatively require

emergency action to prevent the continued practice of Gerald Saul Kane, M.D., the Respondent,

in that Respondent's actions constitute an immediate danger to the public.

NOW, THEREFORE, I, DANIEL E. BLUTHARDT, DIRECTOR OF THE DIVISION

OF PROFESSIONAL REGULATION of the State of Illinois, hereby ORDER that the license of

Respondent to practice medicine as a Physician and Surgeon in the State of Illinois be

SUSPENDED and that his Controlled Substance License issued by the State of Illinois be

SUSPENDED pending proceedings before an Administrative Law Judge at the Department of

Financial and Professional Regulation and the Medical DisciplinaryBoard of the State of Illinois.

I FURTHER ORDER that Respondent shall immediately surrender all indicia of

0DATED T m s
licensure to the Department.

DnY OF mo7.

DEPARTMENT O ~ F ~ A N C I AALN,D PROFESSIONAL

REGULATION of the State of Illinois

Director of the don of Professional Regulation

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STATE OF ILLINOIS g oC-J -I

DEPARTMENT OF FINANCIAL AND PROl?ESSIONAL REGULATION cng

DIVISION OF PROFESSIONAL REGULATION QN bgj-$2~

DEPARTMENT OF FINANCIAL AND PROFESSIONAL) - JJzsr3-

REGULATION, State of Illinois, Complainant ) v 2-0 ,

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v. )
0 E5
) No. 200700545 2

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GERALD SAUL KANE, M.D, )

License No. 36035962 1

Controlled Substance License No. 336007014 1

Respondent )

PETITION FOR TEMPORARY SUSPENSION

NOW COMES the Complainant, by its Chief of Medical Prosecutions, Sadzi

Martha Oliva, and Petitions DANIEL E. BLUTHARDT, Director of the Division of
Professional Regulation, pursuant to 225 Illinois Compiled Statutes 60137 to issue an
Order for Temporary Suspension of the Physician and Surgeon License of Respondent
and pursuant to 720 ILCS 570/305(c) to issue an Order for Temporary Suspension of the
Controlled Substance License of Respondent. In support of said Petition, Petitioner
alleges as follows:

1. Respondent practices medicine in the State of Illinois.
2. Between July 13, 2006, and November 2, 2006, Respondent prescribed

controlled substances to Patient GAM for other than legitimate medical
purposes and not within the usual course of medical practice resulting in the
death of GAM on December 12,2006.
3. Between October 24, 2005, and October 27, 2006, Respondent prescribed
controlled substances to Patient JK for other than legitimate medical purposes
and not within the usual course of medical practice resulting in the death of JK
on October 29,2006.
4. Between August 19, 2002, and October 20, 2004, Respondent prescribed
controlled substances to Patient GLM for other than legitimate medical
purposes and not within the usual course of medical practice resulting in the
death of GLM on October 23, 2004.

5. That on or about May 3 1, 2007, the Department received the initial expert
report of Ted Parran, M,D, who opined to a reasonable degree of medical
certainty that the prescribing of controlled substances by Respondent to the
above referenced patients appears to be for other legitimate medical purposes
and appears not to have taken place within the usual course of medical
practice and thar the prescribing of controlled substances appears to have
contributed to the death of the patients.

6. Petitioner further alleges that the public interest, safety and welfare
imperatively require emergency action, in that Respondent's continued

practice of medicine constitutes an immediate danger to the public.
WHEREFORE, Petitioner prays that the Physician and Surgeon License and

Controlled Substance License of Respondent be Temporarily Suspended pending
proceedings before the Medical Disciplinary Board of the State of Illinois.

DEPARTMENT OF FINANCIAL AND PROFESSIONAL

REGULATION of the State of I

Sadzi M. Oliva
Chief of Medical Prosecutions
Division of Professional Regulation
100 W. Randolph, #9-300
Chicago, IL 60601
3 121814-4517

STATE OF ILLINOIS
DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

DIVISION OF PROFESSIONAL REGULATION

DEPARTMENT OF FINANCIAL AND PROFESSIONAL)

REGULATION, State of Illinois, Complainant )

)
v. )

) No. 200700545

GERALD SAUL KANE, M.D. )

License No. 36035962 )

Controlled Substance License No. 336007014 1

Respondent )

COMPLAINT

NOW COMES the DEPARTMENT OF FINANCIAL AND PROFESSIONAL
REGULATION, DIVISION OF PROFESSIONAL REGULATION, of the State of
Illinois, by its Chief of Medical Prosecutions, Sadzi M. Oliva, and as its COMPLAINT
against GERALD SAUL KANE, M.D., Respondent, complains as follows:

COUNT I

1. Respondent is presently the holder of a Certificate of Registration as a Physician

and Surgeon in the State of Illinois, License No. 36035962, and Controlled

Substance License No. 336007014 issued by the Department of Financial and

Professional Regulation of the State of Illinois. Said licenses are presently in

active status.

2. The Department has jurisdiction to investigate complaints and to bring this action

pursuant to 20 ILCS 2105-15(a)(5) and 225 ILCS 60136.

3. That at all times mentioned herein the Respondent practiced medicine as a

Physician and Surgeon in the State of Illinois.

4. On July 13,2006, GAM presented to Respondent complaining of back pain.

5. Between July 13, 2006, and November 2, 2006, Respondent prescribed the

following controlled substances to GAM:

Date Controlled Substance Dose Quantity

07113/06 MS Contin 30 mg 60 dosage units

07117/06 OxyContin 20 mg 60 dosage units

Page 1 of 15

07117/06 Oxycodone 5 mg 60 dosage units
07/24/06 Oxycodone 5 mg 180 dosage units
07/24/06 OxyContin 40 mg 90 dosage units
08110106 OxyContin 400 mg 270 dosage units
08110106 Roxycodone 15 mg 90 dosage units
09/08/06 Roxycodone 15 mg 90 dosage units
09/08/06 OxyContin 40 mg 270 dosage units
11/02/06 Roxycodone 15 mg 90 dosage units
11/02/06 OxyContin 40 mg 270 dosage units

6. On December 12,2006, GAM died.
7. The Lake County Medical Examiner's Coroner's Certificate of Death dated

February 1,2007, certifies that the GAM was pronounced dead on December 12,
2006, that the injury occurred as a result of prescription medication overdose and
that the immediate cause was oxycodone intoxication.
8. Respondent committed acts and/or omissions which constitute gross negligence in
the practice of medicine, including but not limited to:
a) Failed to properly treat GAM for back pain;
b) Failed to prescribe the medically appropriate amount of controlled

substances to GAM; and
c) Failed to properly monitor GAM for signs of addiction.
9. As a result of the foregoing acts and/or omissions, GAM suffered from:
a) Death by overdose of prescription medication.
10. The foregoing acts and/or omissions are grounds for revocation or suspension of a
Certificate of Registration pursuant to 225 Illinois Compiled Statutes, Section
60122 (A), paragraph (4) relying upon the Rules for the Administration of the
Medical Practice Act, Illinois Administrative Code Title 68, Section 1285.240(c).
WHEREFORE, based on the foregoing allegations, the DEPARTMENT OF
FINANCIAL AND PROFESSIONAL REGULATION, DIVISION OF
PROFESSIONAL REGULATION, of the State of Illinois, by Sadzi M. Oliva, its Chief

Page 2 of 15

of Medical Prosecutions, prays that the Physician and Surgeon License of Gerald Saul
Kane, M.D., be suspended, revoked, or otherwise disciplined.

COUNT I1
1-7. Paragraphs 1 through 7 of Count I are hereby realleged as Paragraphs 1 through 7

of Count 11.
8. Respondent engaged in dishonorable, unethical or unprofessional conduct,

including but not limited to:
a) Failed to properly treat GAM for back pain;
b) Failed to prescribe the medically appropriate amount of controlled

substances to GAM; and
c) Failed to properly monitor GAM for signs of addiction.
9. As a result of Respondent's conduct, GAM was harmed by:
a) Death by overdose of prescription medication.
10. The foregoing acts and/or omissions are grounds for revocation or suspension of a
Certificate of Registration pursuant to 225 Illinois Compiled Statutes, Section
60122 (A), paragraph (5), relying upon the Rules for the Administration of the
Medical Practice Act, Illinois Administrative Code Title 68, Section
1285.24O(a)(l)(A)(B)(E)and (F).
WHEREFORE, based on the foregoing allegations, the DEPARTMENT OF
FINANCIAL AND PROFESSIONAL REGULATION, DIVISION OF
PROFESSIONAL REGULATION, of the State of Illinois, by Sadzi M. Oliva, its Chief
of Medical Prosecutions, prays that the Physician and Surgeon License of Gerald Saul
Kane, M.D., be suspended, revoked, or otherwise disciplined.

COUNT I11
1-7. Paragraphs 1 through 7 of Count I are hereby realleged as Paragraphs 1 through 7

of Count 111.
8. Respondent prescribed controlled substances to GAM from July 13, 2006, to

November 2,2006, for other than medically accepted therapeutic purposes.
9. The foregoing acts and/or omissions are grounds for revocation or suspension of a

Certificate of Registration pursuant to 225 Illinois Compiled Statutes, Section
60122 (A), paragraph (17).

Page 3 of 15

WHEREFORE, based on the foregoing allegations, the DEPARTMENT OF
FINANCIAL AND PROFESSIONAL REGULATION, DIVISION OF
PROFESSIONAL REGULATION, of the State of Illinois, by Sadzi M. Oliva, its Chief
of Medical Prosecutions, prays that the Physician and Surgeon License of Gerald Saul
Kane, M.D., be suspended,revoked, or otherwise disciplined.

COUNT IV
1-7. Paragraphs 1 through 7 of Count I are hereby realleged as Paragraphs 1 through 7

of Count IV.

8. Respondent's prescription of controlled substances to GAM fiom July 13, 2006,
to November 2,2006, violates state laws relating to controlled substances; to wit:
Respondent issued prescriptions to GAM not in the regular course of professional
treatment and intended to provide GAM with controlled substances sufficient to
maintain GAM physically or psychologically addicted and dependent.

9. The foregoing acts andlor omissions are grounds for revocation or suspension of a
Certificate of Registration pursuant to 225 Illinois Compiled Statutes, Section
60122 (A),paragraph (33) and 720 Illinois Compiled Statutes, Section
570/304(a)(5) and 720 Illinois Compiled Statutes, Section 570131 2 0 .
WHEREFORE, based on the foregoing allegations, the DEPARTMENT OF

FINANCIAL AND PROFESSIONAL REGULATION, DIVISION OF
PROFESSIONAL REGULATION, of the State of Illinois, by Sadzi M. Oliva, its Chief
of Medical Prosecutions, prays that the Physician and Surgeon License and Controlled
Substance License of Gerald Saul Kane, M.D., be suspended, revoked, or otherwise
disciplined.

COUNT V

1-3. Paragraphs 1 through 3 of Count I are hereby realleged as Paragraphs 1 through 3
of Count V.

4. On October 24, 2005, Patient JK presented to Respondent complaining of back
pain.

5. Between October 24, 2005, and October 27, 2006, Respondent prescribed the
following controlled substances to JK:

Page 4 of 15

Date Controlled Substance Dose Quantity
10/24/05 60 dosage units
10/24/05 Hydrocodone 10 mg 60 dosage units
10/30/07 60 dosage units
10130105 Diazepam 10 mg 60 dosage units
11/07/05 30 dosage units
11/07/05 Diazepam 10 mg 100dosage units
11/07/05 100 dosage units
11/12/05 Hydrocodone 10 mg 100dosage units
11/14/05 100dosage units
11/14/05 Kadian 30 mg 5 dosage units
11/16/05 95 dosage units
11/21/05 Hydrocodone 10 mg 30 dosage units
11/22/05 100 dosage units
11/30/05 Diazepam 10 mg 100dosage units
11/30/05 100dosage units
12119/05 Hydrocodone 10 mg 100dosage units
01/23/06 100 dosage units
02117/06 Hydrocodone 10 mg 100 dosage units
03/22/06 30 dosage units
03/22/06 Diazepam 10 mg 60 dosage units
03/22/06 90 dosage units
04/03/06 Hydrocodone 10 mg 100 dosage units
04/03/06 20 dosage units
04118/06 Kadian 30 mg 100 dosage units
04118/07 20 dosage units
04118/07 Norco 10 mg 60 dosage units
05/01/06 30 dosage units
05/03/06 Diazepam 10 mg 30 dosage units
05/03/06 90 dosage units
Norco 10 mg

Diazepam 10 mg

Diazepam 10 mg

Diazepam 10 mg

Arnbien 10 mg

Diazepam 10 mg

Hydrocodone 10 mg

Norco 10 mg

Diazepam 10 mg

Norco 10 mg

Diazepam 10 mg

Diazepam 10 mg

Hydromorphone 4 mg
Ambien 10 mg

Hyrdocodone 10 mg

Page 5 of 15

1 05116/06 ~~ ( Diazepam 10 mg 1 30 dosage units

- 05/16/06 Norco 10 mg 90 dosage units
05/28/06
Hydrocodone 1I 90 dosage units
06/07/06 10mg
06119/06 I Hydrocodone 1 90 dosage units
06/28/06 I Ambien II 1 30 dosage units
06/30/06 lOmg
II 1I
1 08/13/06 Diazepam I 90 dosage units

08/25/06 1I 10 mg 1I
08/25/06 90 dosage units
08130106 Hydrocodone 1I
08/30/06 10mg 1I
09/07/06 I1 120 dosage units
09/07/06 I lomi3
09119/06 Diazepam Ilow 1I
90 dosage units
10/02/06 II I lomg
10114/06 1 90 dosage units
10/23/06 Hydrocodone 1 10mg 1 90 dosage units
10/27/06 1 120 dosage units
1 Hydrocodone II
1 Hydrocodone lOmg / 30 dosage units
I Valium
II 1 60 dosage units
1 Norco lOmg
1I
I Norm II 30 dosage units
lOmg
1I 1I
I 60 dosage units
Norco
10 mg /I
I 120 dosage units
I
Norm 1I
10 mg 30 dosage units
II
I 1I
Valium 90 dosage units
20 mg
I I
I
Ambien 30 dosage units
10 mg
I 1I
I 90 dosage units
Norco
10 mg / 30 dosage units
II
1I 1 120 dosage units
Kadian 10mg
1 60 dosage units
I 1I
10mg 1I
Norco 90 dosage units
I
I Ambien 1I
10 mg 90 dosage units
I Valium
1I
1 Kadian 90 dosage units

II I

Norco 120 dosage units

II

Norco

II

Norco

I

Valium

7. The Lake County Medical Examiner's Coroner's Certificate of Death dated
January 5, 2007, certifies that the JK was pronounced dead on October 29, 2006,
that the injury occurred as a result of ingestion of prescription medication and that
the immediate cause was polysubstance overdose.

8. Respondent committed acts andlor omissions which constitute gross negligence in
the practice of medicine, including but not limited to:
a) Failed to properly treat JK for back pain;
b) Failed to prescribe the medically appropriate amount of controlled
substances to JK; and
c) Failed to properly monitor JK for signs of addiction.

9. As a result of the foregoing acts and/or omissions, JK suffered from:
a) Death by overdose of prescription medication.

10. The foregoing acts andlor omissions are grounds for revocation or suspension of a
Certificate of Registration pursuant to 225 Illinois Compiled Statutes, Section
60122 (A), paragraph (4) relying upon the Rules for the Administration of the
Medical Practice Act, Illinois Administrative Code Title 68, Section 1285.240(c).
WHEREFORE, based on the foregoing allegations, the DEPARTMENT OF

FINANCIAL AND PROFESSIONAL REGULATION, DIVISION OF
PROFESSIONAL REGULATION, of the State of Illinois, by Sadzi M. Oliva, its Chief
of Medical Prosecutions, prays that the Physician and Surgeon License of Gerald Saul
Kane, M.D., be suspended, revoked, or otherwise disciplined.

COUNT VI
1-7. Paragraphs 1 through 7 of Count V are hereby realleged as Paragraphs 1 through

7 of Count VI.
8. Respondent engaged in dishonorable, unethical or unprofessional conduct,

including but not limited to:
a) Failed to properly treat JK for back pain;
b) Failed to prescribe the medically appropriate amount of controlled

substances to JK; and
c) Failed to properly monitor JK for signs of addiction.
9. As a result of Respondent's conduct, JK was harmed by:

a) Death by overdose of prescription medication.
10. The foregoing acts andlor omissions are grounds for revocation or suspension of a

Certificate of Registration pursuant to 225 Illinois Compiled Statutes, Section
60122 (A), paragraph (5), relying upon the Rules for the Administration of the
Medical Practice Act, Illinois Administrative Code Title 68, Section
1285.24O(a)(l)(A)(B)(E) and (F).
WHEREFORE, based on the foregoing allegations, the DEPARTMENT OF
FINANCIAL AND PROFESSIONAL REGULATION, DIVISION OF
PROFESSIONAL REGULATION, of the State of Illinois, by Sadzi M. Oliva, its Chief
of Medical Prosecutions, prays that the Physician and Surgeon License of Gerald Saul
Kane, M.D., be suspended, revoked, or otherwise disciplined.

COUNT VII
1-7. Paragraphs 1 through 7 of Count V are hereby realleged as Paragraphs 1 through

7 of Count VII.
8. Respondent prescribed controlled substances to JK fiom October 24, 2005, to

October 27,2006, for other than medically accepted therapeutic purposes.
9. The foregoing acts andlor omissions are grounds for revocation or suspension of a

Certificate of Registration pursuant to 225 Illinois Compiled Statutes, Section
60122 (A), paragraph (17).
WHEREFORE, based on the foregoing allegations, the DEPARTMENT OF
FINANCIAL AND PROFESSIONAL REGULATION, DIVISION OF
PROFESSIONAL REGULATION, of the State of Illinois, by Sadzi M. Oliva, its Chief
of Medical Prosecutions, prays that the Physician and Surgeon License of Gerald Saul
Kane, M.D., be suspended,revoked, or otherwise disciplined.

COUNT VIII
1-7. Paragraphs 1 through 7 of Count V are hereby realleged as Paragraphs 1 through

7 of Count VIII.
8. Respondent's prescription of controlled substances to JK fiom October 24, 2005,

to October 27,2006, violates state laws relating to controlled substances; to wit:

Respondent issued prescriptions to JK not in the regular course of professional
treatment and intended to provide JK with controlled substances sufficient to
maintain JK physically or psychologically addicted and dependent.
9. The foregoing acts and/or omissions are grounds for revocation or suspension of a
Certificate of Registration pursuant to 225 Illinois Compiled Statutes, Section
60122 (A), paragraph (33) and 720 Illinois Compiled Statutes, Section
570/304(a)(5) and 720 Illinois Compiled Statutes, Section 570131201).
WHEREFORE, based on the foregoing allegations, the DEPARTMENT OF
FINANCIAL AND PROFESSIONAL REGULATION, DIVISION OF
PROFESSIONAL REGULATION, of the State of Illinois, by Sadzi M. Oliva, its Chief
of Medical Prosecutions, prays that the Physician and Surgeon License and Controlled
Substance License of Gerald Saul Kane, M.D., be suspended, revoked, or otherwise
disciplined.

COUNT IX

1-3. Paragraphs 1 through 3 of Count I are hereby realleged as Paragraphs 1 through 3

of Count D<.

4. On or about August 19, 2002, Patient GLM telephoned Respondent requesting

prescriptions for Oxycontin and Oxy IR.

5. Between on or about August 22, 2002, to on or about October 20, 2004,

Respondent treated Patient GLM for complaints of back, hip and leg pain.

6. Between on or about August 19, 2002, to on or about October 20, 2004,

Respondent prescribed the following controlled substances to GLM:

Date Controlled Substance Dose Quantity

08120102 OxyContin 40 mg 180 dosage units

08/20/02 OxyIR 5 m g 180 dosage units

09/03/02 OxyContin 40 mg 180 dosage units

09/03/02 OxyIR 5mg 180 dosage units
09116102 OxyContin 40 mg 180 dosage units

09116/02 OxyIR 5mg 180 dosage units
10101102 OxyContin 40 mg 180 dosage units

1 10/01/02 I OxyIR 15mg 1 1180 dosage units

1 10115/02 II 1I 1I
OxyContin 180 dosage units
( 10115/02 40 mg
1 OXYR 1 180 dosage units I
1 10/29/02 15mg
I OxyContin 1 180 dosage units 1
1 10/29/02 1 40 mg
1 11/01/02 I OxyIR 1 180dosage units I
Ism 1 180 dosage units
1 11126102 I OxyContin I
1 40 mg
1 11/26/02 I OxyContin 1 180 dosage units II
1 12110102 1 40 mg
I OXYR 1 180 dosage units /
12110102 I OxyContin 15mg 1 180 dosage units
I
12/24/02 I 1 40 mg I
I
12/24/02 OxyIR I 180 dosage units
1
01/04/03 1 OxyContin 15mg 1 180 dosage units I

01/04/03 II 40 mg 11 I
OxyIR 180 dosage units
01/20/03 I
1I 1I
01/20/03 OxyContin 15mg 180 dosage units

1 02/04/03 II I 1I
OxyIR 180 dosage units
1 02/04/03 40 mg
I I
1 02118/03 I
1 02118/03 OxyContin 180 dosage units
15mg
/ 03/04/03 I 1I
I 180 dosage units
03/04/03 OxyIR
40 mg 1 180 dosage units
03118/03 I OxyContin
I 1 180 dosage units
03118/03 1 OXYR
15mg 1 180 dosage units
04101I03 I OxyContin
1 40 mg 1 180 dosage units
04101103 IO X Y ~
15mg 1 180 dosage units
04114/03 I OxyContin
1 40 mg 1I
04114/03 I I 5mg 180 dosage units
04/29/03
OxyIR 1 40 mg 1I
180 dosage units
II I
OxyContin 1I
15mg 180 dosage units
I
I 1I
OxyIR 180 dosage units
40 mg
1I 1I
OxyContin I 180 dosage units

I I5mg 1I
180 dosage units
OxyIR /I
1I
II 40 mg 180 dosage units
OxyContin
I 1I
I 180 dosage units
15mg
OxyIR
1I
II
OxyContin 40 mg

I

I5mg

1I

40 mg

Page 10 of 15

1 04/29/03 / OxyIR 15mg 1 180 dosage units 1
I
05112/03 I I 1I
180 dosage units I
05112/03 OxyContin 40 mg
1I I
05/27/03 II I 180 dosage units /I
OxyIR
05/27/03 15mg I I
I
06/09/03 I 180 dosage units I
OxyContin
06/09/03 40 mg 1I 1
II 180 dosage units
06/23/03 0xym I I
1I
06/23/03 II 15mg 180 dosage units
OxyContin
07/07/03 1I /I
I 180 dosage units
1 07/07/03 40 mg
OxyIR 1I
07121103 I 180 dosage units
I
/ 07/21/03 15mg I
OxyContin
08/04/03 I 180 dosage units
08/04/03 I
40 mg 1I
08118/03 OxyIR 180 dosage units
08118/03 I
II 1 180 dosage units
08/30/03 OxyContin 15mg
180 dosage units
1 08130/03 IOXY~ I
1 180 dosage units
1 09111/03 OxyContin ( 40 mg
1 09111/03 1I
I OXYR 15mg 180 dosage units
1 09/17/03
II 40 mg 1I
09117/03 180 dosage units
09/22/03 OxyContin 15mg
1I
10/08/03 II 1I 180 dosage units
OxyIR
1 10/08/03 40 mg I
II
10117/03 OxyContin I 180 dosage units

10/22/03 I 15mg 1I
180 dosage units
11/07/03 OxyIR 1I
1 180 dosage units
1 11/07/03 I 40 mg 1 360 dosage units
1 180 dosage units
( OxyContin I
1 30 dosage units
I OxyIR 15mg 1I

/ OxyContin 1I 180 dosage units

I OXYIR 40 mg 1I
180 dosage units
I MSContin 15mg
II 1I
1 40 mg 180 dosage units
OxyContin
I5mg 1 180 dosage units
I
1 30 mg 1I
OxyIR 1I 360 dosage units

II 80 mg I
OxyContin
I 180 dosage units
I OXYR
40 mg 1I
II 180 dosage units
OxyContin 1I
1 180 dosage units
I 40 mg

OxyIR I 5mg

I 1I

OxyContin 40 mg

I OXYIR I

15mg

I

40 mg

15mg

Page 11 of 15

1 11/10/03 I OxyContin 1 40 mg 1 360 dosage units I

1 11/19/03 I OxYR I5mg 1 180 dosage units I
1 12/11/03 I OxyContin 1 360 dosage units I
IO X Y ~ 1 40 mg
1 01/02/04 1 180 dosage units II
1 OxyContin I5mg I
1 01/19/04 1 360 dosage units I
I OxyContin 1 40 mg
1 02/02/04 1 360 dosage units I
1 02/17/04 I OxYm 1 40 mg 1 180 dosage units
II
1 03/01/04 I OxyContin 15mg 1 180 dosage units
/
1 03/01/04 1 OxyIR 1 40 mg 1 180 dosage units
1
1 03/08/04 I OxyContin 15mg 1 360 dosage units I
I OxyIR 1 180 dosage units I
1 03/29/04 II 1 40 mg 1I I
I
04101104 OxyContin 15mg 360 dosage units
I
04/26/04 II 1I /I
180 dosage units
05/03/04 OxyIR 40 mg
1I
05/07/04 II I 360 dosage units
OxyContin
05121104 15mg 1I
1I 180 dosage units
I 06/02/04 I
1 06/02/04 OxyIR 1I
40 mg 180 dosage units
1 06/04/04 II
OxyIR I 1 I360 dosage units
1 06/04/04
I OxyContin 15mg 1 180 dosage units
1 06/06/04
1 06/14/04 I OxYR I 1 30 dosage units
I OxyContin 1 180 dosage units
1 06117/04 I OxYR 15mg
1 30 dosage units
06121104 I OxyContin 1 40 mg
1 30 dosage units
07101/04 1 OxyContin 15mg
1 180 dosage units
07/06/04 I OxYR 1 40 mg
450 dosage units
07115/04 OxyContin 15mg
180 dosage units
07/26/04 OxyIR 1 40 mg
60 dosage units
07/28/04 OxyContin 1 40 mg
180 dosage units
08/04/04 OxyrR 15mg
360 dosage units
OxyContin 40 mg
180 dosage units
OxyIR 5mg
60 dosage units
OxyContin 40 mg

5mg

40 mg

5mg

40 mg

Page 12 of 15

08/23/04 OxyContin 40 mg 360 dosage units
08/23/04 OxyIR 180 dosage units
09/08/04 OxyIR 5 mg 180 dosage units
09/09/04 OxyContin 5 mg 60 dosage units
09/20/04 OxyContin 40 mg 360 dosage units
09/22/04 OxyR 40 mg 180 dosage units
09/27/04 OxyContin 5 mg 360 dosage units
10/06/04 OxyIR 40 mg 180 dosage units
10/20/04 OxyIR 180 dosage units
10118/04 OxyContin 5mg 90 dosage units
5 mg
40 mg

7. On October 23,2004, GLM died.
8. Respondent committed acts and/or omissions which constitute gross negligence in

the practice of medicine, including but not limited to:
a) Failed to prescribe the medically appropriate amount of controlled

substances to GLM; and
b) Failed to properly monitor GLM for signs of addiction.
9. As a result of the foregoing acts and/or omissions, GLM died.
10. The foregoing acts and/or omissions are grounds for revocation or suspension of a
Certificate of Registration pursuant to 225 Illinois Compiled Statutes, Section
60122 (A), paragraph (4) relying upon the Rules for the Administration of the
Medical Practice Act, Illinois Administrative Code Title 68, Section 1285.240(c).
WHEREFORE, based on the foregoing allegations, the DEPARTMENT OF
FINANCIAL AND PROFESSIONAL REGULATION, DIVISION OF
PROFESSIONAL REGULATION, of the State of Illinois, by Sadzi M. Oliva, its Chief
of Medical Prosecutions, prays that the Physician and Surgeon License of Gerald Saul
Kane, M.D., be suspended, revoked, or otherwise disciplined.

COUNT X
1-6. Paragraphs 1 through 6 of Count IX are hereby realleged as Paragraphs 1 through

6 of Count X.

Page 13 of 15

7. Respondent engaged in dishonorable, unethical or unprofessional conduct,
including but not limited to:
a) Failed to prescribe the medically appropriate amount of controlled
substances to GLM; and
b) Failed to properly monitor GLM for signs of addiction.

8. As a result of Respondent's conduct, GLM died.
9. The foregoing acts and/or omissions are grounds for revocation or suspension of a

Certificate of Registration pursuant to 225 Illinois Compiled Statutes, Section
60122 (A), paragraph (5), relying upon the Rules for the Administration of the
Medical Practice Act, Illinois Administrative Code Title 68, Section
1285.24O(a)(l)(A)(B)(E) and (F).
WHEREFORE, based on the foregoing allegations, the DEPARTMENT OF
FINANCIAL AND PROFESSIONAL REGULATION, DIVISION OF
PROFESSIONAL REGULATION, of the State of Illinois, by Sadzi M. Oliva, its Chief
of Medical Prosecutions, prays that the Physician and Surgeon License of Gerald Saul
Kane, M.D., be suspended, revoked, or otherwise disciplined.

COUNT XI

1-6. Paragraphs 1 through 6 of Count IXare hereby realleged as Paragraphs 1 through

6 of Count XI.
7. Respondent prescribed controlled substances to GLM from August 19, 2002, to

on or about October 20, 2004, for other than medically accepted therapeutic
purposes.
8. The foregoing acts and/or omissions are grounds for revocation or suspension of a
Certificate of Registration pursuant to 225 Illinois Compiled Statutes, Section
60122 (A), paragraph (17).
WHEREFORE, based on the foregoing allegations, the DEPARTMENT OF
FINANCIAL AND PROFESSIONAL REGULATION, DIVISION OF
PROFESSIONAL REGULATION, of the State of Illinois, by Sadzi M. Oliva, its Chief
of Medical Prosecutions, prays that the Physician and Surgeon License of Gerald Saul
Kane, M.D., be suspended, revoked, or otherwise disciplined.

COUNT XI1

Page 14 of 15

1-6, Paragraphs 1 through 6 of Count IX are hereby realleged as Paragraphs 1 through

6 of Count XII.
7. Respondent's prescription of controlled substances to GLM from August 19,

2002, to on or about October 20, 2004, violates state laws relating to controlled
substances; to wit:
Respondent issued prescriptions to GLM not in the regular course of professional
treatment and intended to provide GLM with controlled substances sufficient to
maintain GLM physically or psychologicallyaddicted and dependent.
8. The foregoing acts andforomissions are grounds for revocation or suspension of a
Certificate of Registration pursuant to 225 Illinois Compiled Statutes, Section
60122 (A), paragraph (33) and 720 Illinois Compiled Statutes, Section
570/304(a)(5) and 720 Illinois Compiled Statutes, Section 570/31201).

WHEREFORE, based on the foregoing allegations, the DEPARTMENT OF
FINANCIAL AND PROFESSIONAL REGULATION, DIVISION OF

PROFESSIONAL REGULATION, of the State of Illinois, by Sadzi M. Oliva, its Chief
of Medical Prosecutions, prays that the Physician and surge& License and Controlled

Substance License of Gerald Saul Kane, M.D.,be suspended, revoked, or otherwise

disciplined.

DEPARTMENT OF FINANCIAL AND PROFESSIONAL
REGUJX'PlON of the State of Illinois

Chief of Medical Mecutions

Sadzi M. Oliva
Chief of Medical Prosecutions
Department of Financial and Professional Regulation
Division of Professional Regulation
100 W. Randolph, Suite 9-300
Chicago, Illinois 6060I

312/814-4517

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