| Jean Heller |
| (Continued from page 5) “Chilling Effect"
of the Drug War … colleague would cause many doctors to draw back; (2)DEA does not count investigations done by the states; and (3)only a few of registered doctors treat pain, and even fewer treat chronic pain. In sum, a substantial proportion of doctors who treat chronic pain are under investigations, and the investigations rarely end. Such doctors can expect repeat visits by undercover agents paid to find that the doctor is prescribing outside the "normal course of medical practice".
Pain treatment in Florida Florida is a leader among states who prosecute both pain treating doctors AND patients. In Pinellas-Pasco in 2004, Richard Paey was sentenced to 25 years, mandatory minimum, for prescription fraud to obtain pills after his doctor, threatened by DEA, abandoned him. Floridians now pay the bill for the 900 milligrams of morphine sent daily to his destroyed spine by his sewn-in pump. In Broward County, Penny Spence decided in August not to risk 25 years. She took a plea that included no prison time but branded her a felon, unable to work at her life profession, nursing. Police had found in her car, after a single car accident, a vial of pills prescribed for her recently deceased mother. In St. Lucie County, last April, Dr. Asuncion Luyao, age 64, was sentenced to 50 years in the Florida prison system, convicted on one manslaughter charge and trafficking after a patient died and several others sold their pills. In Pinellas in 2006, Dr. Jayam K. Iyer had her DEA registration number pulled and is looking for doctors for her worst patients. DEA had sent an undercover agent posing as a patient to determine if she crossed every "t" and dotted every "i". Apparently she didn't. But the real reason was her 4th rank as a painkiller prescriber in Florida.
This pattern is nationwide, often known as "the chilling effect" for the impact it has on pain treatment. Pain doctors opt out rather than risk their livelihood (and the assets they would need to defend themselves) to the whim of prosecutors.
While the trend is unfavorable, Florida is fortunate to have two articulate professionals for this topic: Ronald T. Libby, professor of political science and public administration at the University of North Florida (http://www.unf.edu/~rlibby/), and David B. Brushwood, JD, of the University of Florida (http://www.cop.ufl.edu/departments/PHCA/FacultyStaff/Brushwood.htm). |
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(Continued from page 4) Legal Panel Report guidelines for acceptance of cases promulgated by the Florida ACLU. ● We are currently assisting in an injunctive action to prevent implementation of a new state statute prohibiting petitioning and electioneering within 100 feet of a poll station entrance, even when it occurs on private property or at a public forum.
Thanks to the following attorney members of the Legal Panel for their time and efforts: Morry Bornstein, Marcia Cohen, Karen Doering, Rick Escarraz, Nancy Gorman, Mark Kamleiter, Dorreen Doe, and Bill Penrose. Thanks also to Becky Steele, Carol Steele, Dwight Lawton, Ray Arsenault, Jeanie Blue and Thom Foley who regularly attend legal panel meetings. Special thanks to Jerry Moore who makes telephonic threats to attorneys so they’ll attend meetings. Bruce G. Howie, Chairman |