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Calif. medical board open to some prescription-drug-abuse reforms


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By Lisa Girion and Scott Glover, Los Angeles Times

The Medical Board of California on Friday embraced a host of reforms aimed at combating prescription drug abuse and reducing overdose deaths but balked at a proposal to strip it of its authority to investigate physician misconduct.

The board, meeting in Los Angeles, voted to support proposed legislation that would upgrade the state’s prescription drug monitoring system, require coroners to report prescription drug overdose deaths to the board, and give the panel new power to halt a doctor’s prescribing in some cases.

The pending legislation was inspired by an investigative series published in The Times last year that revealed that nearly half of the prescription drug deaths in four Southern California counties from 2006 through 2011 included at least one drug that had been prescribed by a doctor. The medical board was unaware of the vast majority of the deaths. In some cases, patients died while investigations into their doctors dragged on for months or years.

Although the board was supportive of those reforms, a proposal by two state legislators to transfer its investigators to the state attorney general’s office was met with more resistance. Sen. Curren Price (D-Los Angeles) and Assemblyman Richard Gordon (D-Menlo Park) said they think shifting investigative responsibilities to the state attorney general would foster cooperation between investigators and prosecutors and streamline the process.

Board members labeled the proposal “drastic” and “radical,” though ultimately decided they did not have sufficient information to take a vote on the matter. Some members struck a defensive tone, blaming lawmakers and the media for failing to grasp the complexity of investigating and disciplining the state’s 100,000-plus doctors.

“It’s easy to assault us,” said board member Reginald Low, adding, “there’s no way the attorney general could take our investigators or hire their own and do what we do.”

When it came to the board’s performance, Low said, “I see the cup as half full, not half empty.”

Fellow board member Gerrie Schipske seemed to agree.

“There’s nobody who would say we can’t improve,” Schipske said. “But there’s a witch hunt going on right now.”

Others seemed to take a more introspective view.

Michael Bishop said he thought Price and Gordon were motivated by a sense of frustration with the status quo — the pair wrote a letter to the board earlier this month threatening to dissolve the panel if it did not become more proactive and show significant progress in its oversight role.

“What they are telling us is: This is your last chance. We’ve given you a lot of rope and you’ve hung yourself,” Bishop told his colleagues.

“So far, the board just hasn’t gotten it,” Bishop added. “We need to get it.”

The idea of placing investigators in the attorney general’s office is not a new one.

A similar plan was proposed in 2004 by Julianne D’Angelo Fellmeth, a public interest lawyer who was appointed by the Legislature to examine the medical board’s oversight of physicians. The plan was supported by then-Atty. Gen. Bill Lockyer, the medical board, the California Medical Assn. and other key players. Ultimately, however, there was political opposition to the idea and it was dropped from proposed legislation.

On Friday, Fellmeth told the board she still considers the transfer “the last best hope” for more timely investigations.

Board members agreed to further study the issues before taking an official position. They also discussed the need to better communicate with the public — and lawmakers — about what they do and how they do it.

To that end, they asked a top staff member to set up a meeting between Price and Gordon and board president Sharon Levine so they could discuss issues, including the proposed transfer of investigators, face to face.

Board member David Serrano Sewell told Levine he thought she needed to personally tell lawmakers of the board’s plan for the future and to assure them of the board’s commitment to seeing it through.

“It think that’s what it’s going to take,” Sewell said.

In other business Friday, the board voted unanimously to create a task force to develop guidelines for the treatment of pain and the prescription of narcotic painkillers.

Notably absent from the board’s discussion was the question of whether it would support the use of CURES, the state’s prescription drug monitoring system, to look for problem doctors as well as drug-abusing patients.

The Centers for Disease Control and Prevention has called on state medical boards to use prescription data to do so, but the idea has been controversial among physician groups that fear it could have a chilling effect on legitimate prescribing.

Board member Barbara Yaroslavsky appeared to touch on the topic, talking about “the technology out there that allows us to know who is prescribing what to whom.”

But the matter was dropped without further discussion.

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Comments (9)
  1. nature bats last says - Posted: April 29, 2013

    I have a sister that is addicted to pain medication and almost killed my mom by switching her pain meds with other drugs. She was in emergency and almost died. My sister has been in rehab 6 times for various drug issues and is still getting pain meds from doctors by Dr. shopping and even driving out of state to other doctors to get her next fix. What I dont get is how she can do this and get away with it when I have severe back pain and I go to the Dr. and get told to take advil or aleve. How is it that she can get away with this and when is it that the Dr. is responsable for giving medication without even knowing the patient? At some point where is it the perscribing doctors responsability to prevent this kind of abuse? It seems that there is no recourse for this kind of practice?

  2. sunriser2 says - Posted: April 29, 2013

    Someone told me the drug manufacturers started putting a time release agent into oxy and that’s why so many young adults starting using heroin. Is there any truth to that statement?

  3. MTT says - Posted: April 29, 2013

    Prescription drugs are being substituted for Recreational drugs. What a mess!

    I think we would be better of if people who feel the need, had access to cheap cocaine than to get into Smoking and snorting Opiate based pain medication. Much more addictive much harder on the body and mind.

    do people wee this, its all because of the WAR ON DRUGS.

    Look where we are. New ways to get high will always come along.

    And then there is the possibility that legal cheap MJ might satisfy a percentage of the drug users to a point where they would not use Coca, Meth, Opiates. Not all but some.

  4. Bobbi Cole says - Posted: April 30, 2013

    Our daughter Amy’s doctor allowed her to become addicted to Viacadin and then when she went to him for relief from her addiction he gave her methadone. She died 3 days after starting the methadone prescription. We filed a complaint with the State Medical Board who gave us a lot of attention and showed great compassion. The medical board then turned it over to the Attorney General’s office for prosecution. Although the doctor admitted to failing on many counts he got off with having to take classes and a repremand. We had no say in the case and were told by the General Attorney’s office that they plead the case out because the Doctor made such an “excellent witness.” Meanwhile life goes as usual for him and we have to live each day with the fact that he is the cause of Amy’s death. I think the Medical Board was far more interested in public safety than the Attorney General’s office.

  5. Dogula says - Posted: April 30, 2013

    Addicts are responsible for themselves. You can’t turn someone into an addict. Don’t make excuses. Don’t blame someone else. It’s tragic, but ultimately, they make their own choices.
    I know I’m going to get all kinds of bashing for this, but it’s truth.

  6. Biggerpicture says - Posted: April 30, 2013

    Ah Dogula, if only life were as simple as you seem to see it.

  7. thing fish says - Posted: April 30, 2013

    Dogula a few months ago you said that addiction was not a disease and that people can just will themselves off of drugs.
    Which one is it?
    Also you are way off on this. A lot of young pill addicts, and even some less intelligent adults, think that because it comes from a doctor/pharmacy.

  8. thing fish says - Posted: May 1, 2013

    Hi chris. The fact that inmates can still get drugs while in prison, negates everything you just wrote.
    I could bring up neuroscience and and pharmacology, but it is probably completely lost on you because in absence of this knowledge your conclusion and solution is completely wrong.

    On top of your flawed logic, your post is littered with typos and grammatical errors. I could probably go find some people who are currently under the influence of drugs who could write something more lucid.

  9. Laketoohigh says - Posted: May 1, 2013

    The answer to your question is yes, they are still an alcoholic even when they can’t get the drug. But don’t let a little thing like science get in your way Chris. Enslaving people who are non violent substance abusers to work for your benefit sounds like a real money maker. I think the only *** around here is you. Everyone should be like you. You would never let yourself get addicted because you are strong. All addiction is is weakness, right? Stick to that and pay no attention to any studies that show otherwise.