Sunday, April 30, 2006
DEA and pain
The DEA investigates a pain specialist and suspends his prescription writing privileges. It's been over a year and the physician still hasn't been charged with anything. In the meantime, the physician is forced to practice alternative pain treatments.
Posted by Kevin |
link
| Comments (3)
| 
Comments:
The war on drugs has been an utter failure and an embarassment for federal government officials.
Since drug networks are hidden, ever changing, and well armed, it was an easy decision to change drug enforcement policy. So now the government sets its sights on physicians; open doors, one unchanging location, detailed records, unarmed, and easy assets to seize.
To be certain, a small percentage of docs may be practicing deliberately poor medicine; some will be accidentally enabling drug seeking patients. But the pall this has cast on my willingness to treat legitimate patients is incredible. Any one of my patients, even those with dozens of office visits and documented prescribing in line with community practice could be a federal agent just waiting to drop a warrant on me. Are some of my patients with legitimate pain conditions in legal trouble in some other way in their life; no doubt. They are ripe for being turned to testify against me and my practice if the feds put the legal thumbscrews on them.
The government is destroying legitimate pain practice.
Since drug networks are hidden, ever changing, and well armed, it was an easy decision to change drug enforcement policy. So now the government sets its sights on physicians; open doors, one unchanging location, detailed records, unarmed, and easy assets to seize.
To be certain, a small percentage of docs may be practicing deliberately poor medicine; some will be accidentally enabling drug seeking patients. But the pall this has cast on my willingness to treat legitimate patients is incredible. Any one of my patients, even those with dozens of office visits and documented prescribing in line with community practice could be a federal agent just waiting to drop a warrant on me. Are some of my patients with legitimate pain conditions in legal trouble in some other way in their life; no doubt. They are ripe for being turned to testify against me and my practice if the feds put the legal thumbscrews on them.
The government is destroying legitimate pain practice.
I had spent considerable time writing letters to The Billings Gazette when this situation with Dr. Nelson First arose-over a year ago.
A recent California Appellate decision has supported not taking away a physicians prescribing rights unless previously convicted of a prescribing or drug-related felony. In addition, the DEA - under normal circumstances- should not be empowered to take a certificate if the state in which the doctor practices has not restricted the doctors regular medical license.
Pain groups and public policy watchdogs have been negotiating with DEA for the past three years to settle these issues, but DEA has remained aloof and uncaring-above and beyond their authority to do so; as defined in the CSA.
Dr. Nelson needs to challenge the DEA in a court of law. Just talking and complaining is not adequate. All pain specialists need to start litigating and stop the roundtable dialogue.. Sooner or later the higher courts will put a stop to the DEA's nastiness, stupidity, vindictiveness, and reliance on 'cops and robber' technique; to impose their agenda of commingling civil with criminal standards to ruin the lives of patients and doctors, alike.
William Mangino II, M.D.
A recent California Appellate decision has supported not taking away a physicians prescribing rights unless previously convicted of a prescribing or drug-related felony. In addition, the DEA - under normal circumstances- should not be empowered to take a certificate if the state in which the doctor practices has not restricted the doctors regular medical license.
Pain groups and public policy watchdogs have been negotiating with DEA for the past three years to settle these issues, but DEA has remained aloof and uncaring-above and beyond their authority to do so; as defined in the CSA.
Dr. Nelson needs to challenge the DEA in a court of law. Just talking and complaining is not adequate. All pain specialists need to start litigating and stop the roundtable dialogue.. Sooner or later the higher courts will put a stop to the DEA's nastiness, stupidity, vindictiveness, and reliance on 'cops and robber' technique; to impose their agenda of commingling civil with criminal standards to ruin the lives of patients and doctors, alike.
William Mangino II, M.D.
# posted by 
: 8:40 AM
: 8:40 AM
In less than 3 weeks I will face the state medical board to justify treating chronic pain with opioids. I feel betrayed in the sense that it was this board who pushed for more effectively diagnosing and treating pain. This whole inquiry is because certain pharmacists think I shouldn't prescribe methadone for the treatment of pain. I've developed fairly good skills at identifying drug abusers in my practice because I was willing to take the risk of getting burned a few times. The real criminals are essentially overlooked in the town I practice in. It clearly is easier to spend resourses to investigate physicians acting in good faith to relieve suffering as opposed to dealing with a gun toting dealer. All I can say at this time is I'm glad I haven't had to deal with the DEA yet.
Post a Comment
