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News Release — July 12, 2011
MEDICAL BOARD OF CALIFORNIA
July 12, 2011
Medical Board of California investigation leads to arrest
of spa owner for practicing medicine without a license
SACRAMENTO — Medical Board of California investigators from the San Jose District Office arrested Cary Silberman at his home and place of business in San Jose yesterday for practicing medicine without a license. The Board’s investigators turned him over to San Jose police for transportation and booking. Silberman was charged with one felony count of Practicing Medicine Without a License (Business & Professions (B&P) Code section 2052, one felony count of Grand Theft by Fraud (Penal Code (PC) sections 487 and 484), and one misdemeanor count of Child Endangerment (PC Code section 273(a)(b)), alleging Silberman injured a four-year-old child when he performed laser treatment on the child.
Mr. Silberman is the owner of “Shiny Toes,” a spa advertising laser treatment for nail fungus. “Shiny Toes” lists California locations in San Jose, San Francisco, San Ramon, and Beverly Hills. The Medical Board began investigating Silberman in January 2011. An undercover investigator, posing as a patient, obtained evidence that Silberman was diagnosing and treating toe nail fungus and using lasers to treat this ailment.
Mr. Silberman is not licensed in California to practice medicine. Laser treatments are a medical procedure and, as such, only a licensed physician can treat ailments with laser by first establishing a doctor-patient relationship through an appropriate prior examination and medical indication. Laser therapy is part of a treatment plan developed by the physician. Registered nurses, who are properly trained, may perform laser treatments in an organized healthcare system (medical setting) only under the supervision of a medical doctor.
On June 14, 2011, Medical Board investigators executed a search warrant on the San Jose office to seize evidence. A few days later, search warrants were executed on the San Francisco and San Ramon office locations. Investigators from the Office of Safe Medicine checked the Beverly Hills office and found it is no longer in business. With this evidence Medical Board, investigators were able to get the Santa Clara County District Attorney to issue a criminal complaint and a warrant.
At this time, Silberman is in custody in the Santa Clara County jail, pending $200,000 bail. The investigation is ongoing. The mission of the Medical Board is public protection, and this action reflects the Board's ongoing commitment to that mission," said Linda Whitney, executive director of the Medical Board.
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The mission of the Medical Board is to protect health care consumers through the proper licensing and regulation of physicians and surgeons and certain allied health care professions and through the vigorous, objective enforcement of the Medical Practice Act, and, to promote access to quality medical care through the Board's licensing and regulatory functions.
If you have a question or complaint about the health care you are receiving, the Board encourages you to visit its Web site at www.mbc.ca.gov or call the Consumer Information Line at (916) 263-2382 or (800) 633-2322.
For up-to-date information on Board activities, please join our "Subscribers' List" at www.mbc.ca.gov/subscribers.html.
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