John Stossel
  • February 26, 2010 05:00 PM UTC by John Stossel

    DEA Response to War on Pain Medicine

    In this week’s show “Hands Off My Meds” (re-airing tonight at 10pm ET, Saturday at 7pm ET, and Sunday at 11pm ET), I ask: Why does the DEA, in its zeal to prosecute the disastrous War on Drugs, frequently harass and prosecute doctors who prescribe pain medicine with opiates—legal medications like oxycontin, vicodin and percocet—to patients with chronic pain?  Ron Libby, a professor of political science at the University of North Florida and author of “The Criminalization of Medicine: America’s War on Doctors,”  says this government crackdown leaves thousands of patients in pain. The Association of American Physicians and Surgeons says this to its members: “If you’re thinking about getting into pain management using opioids as appropriate: DON’T. Forget what you learned in medical school – drug agents [from the DEA] now set medical standards.”

    The DEA declined to be interviewed. They sent us this instead:

    DEA’s mission is to protect the public health and safety.  In the performance of this mission, DEA targets and investigates those individuals who violate the law, regardless of their profession.  American jurisprudence is deeply rooted on the fundamental principle of equal justice under the law.  Coinciding with this basic principle is another overarching principle – no one is above the law.  When seeking medical care, the American public must be able to trust their doctor.  They have a right to know that their doctor isn’t going to trade prescriptions for sex, file millions of dollars worth of fraudulent insurance or Medicare claims, or be impaired from self abuse of controlled substances while treating patients. Fortunately, the vast majority of doctors are outstanding professionals who truly desire to provide medical care and treatment to patients, to heal.    Doctors who issue controlled substance prescriptions for a legitimate medical purpose in the usual course of professional practice have nothing to fear from the DEA.  But rather than extinguish this fear with facts, Mr. Libby stokes the ambers of fear with false or misleading information that only perpetuates misconceptions and fear.  On average, DEA arrests only 85 doctors annually of the more than 750,000 medical doctors and doctors of osteopathic medicine.   Most DEA investigations of physicians are initiated due to information provided by a medical or pharmacy board, an employee of the doctor, a patient or other law enforcement agency.  More often than not DEA utilizes its regulatory authority rather than its criminal investigative authority to administratively sanction practitioners and other DEA registrants.  If a criminal or civil case is warranted, the determination to prosecute rests with the State or Federal prosecutor.  Mr. Libby, however, believes that is implausible for a doctor to commit a criminal offense or that they should somehow be immune from prosecution.  He further believes that if law enforcement uncovers criminal activity involving a doctor, officials should simply advise the doctor to stop violating the law.  Apparently, he believes that doctors should never be held accountable for their actions.

    It is Mr. Libby’s belief that doctors are simply duped into committing criminal offenses.  The facts, however, are quite different.  The doctors investigated by the DEA have committed acts that are far from the mainstream of medical practice.  For example, a doctor in Spring Hill, Florida anesthetized his patient and then attempted to have nonconsensual sex with the patient. Several physicians  were associated with 34 rogue Internet pharmacies in 2006 who dispensed more than 98 million dosage units of controlled substances to patients they never met, examined,  or performed diagnostic tests to make an appropriate diagnosis.  . How about the pain clinic in Florida whose employees had to stage a burglary at the clinic to cover for the thousands of dosage units its doctor doled out as if every day were Halloween or the  doctor in Taylor, MI who falsified and instructed others to falsify patient files; prescribed controlled substances in such combinations that they were likely to cause death; and provided prescriptions for controlled substances to individuals the doctor knew were addicted or who would  sell the drugs illegally.

    Mr. Libby has stated on several occasions that he is concerned about the under treatment of pain in the U.S.  He apparently has not visited South Florida lately where there are more than 500 pain clinics in just a three-county area alone.  These clinics advertise that walk-ins are welcome and that there is no waiting.  However, of the top 100 practitioners that dispense oxycodone from their office, 96 of them are in Florida and 86 are in the same three-county area.  The proliferation of pain clinics in one South Florida county has been so great that city and county officials are looking to enact ordinances to ban any new ones from opening.  DEA is statutorily responsible for enforcing the Controlled Substances Act which is designed to prevent and detect the diversion of controlled substances.  In executing its responsibilities, DEA does not enforce the law in a “cafeteria style” - picking and choosing which provisions of law it will enforce and which ones it won’t.

    DEA does not target physicians based on their practice specialty or medical conditions that they diagnose and treat.  DEA encourages doctors to treat pain, or any other medical condition, as medically warranted and under the regulations and standards established by the practitioner’s licensing/professional board. DEA does not want to interfere with the legitimate practice of medicine.  DEA routinely meets with medical groups and medical associations to achieve an appropriate balance between the practice of medicine and law enforcement.

    Mr. Libby claims that DEA is demonizing pain doctors for practicing medicine.  Ironically, his accusations against DEA seem to demonize legitimate law enforcement.

    I find Mr Libby much more convincing than the DEA.

Patrick

A "pain management" doctor and his assitant wife were arrested in Wichita, Ks a couple of years ago. He had 65 known patients who had accidental drug overdose deaths. It was widely known around town that he was the person to go to get narcotics. People have told me that they would get the narcotics in large doses from him and then sell them on the street to buy their dope. If you wish to do some real investigative reporting, please go to the underbelly of society and dig around there.

February 27, 2010 at 12:07 am

Ed Bradford

Nice report. I read a history of the FDA. Two interesting positives were 1. FDA caused testing to happen. Prior to FDA no formal drug testing happened. FDA defined and continuously improved testing. 2. FDA prevented thalidomide from coming to US. Book ended positively suggesting that FDA allows most patients to use experimental drugs on a "mercy" basis and that testing times were begin dramatically shortened. Book was written in 90's. Your report contradicts. Excellent report.

February 26, 2010 at 11:31 pm

LAD

No one is above the law ... except the government. Not even the Duke lacrosse prosecutor went to prison for his egregious behavior. Prosecutors never do. Enron's off budget accounting was criminal, but the government's Freddie and Fannie accounting isn't. Madoff's ponzi scheme is criminal, but the social security ponzi scheme isn't. A company raiding it's pension funds is criminal, but not if Illinois does it. Government needs to be smaller precisely because it is above the law.

February 26, 2010 at 11:19 pm

Tom Utley

Interesting how the gestapo (DEA) speaks of "the law" as if it were the word of God, never stopping for a moment to consider that "the law" might just be a shell game put in place to intimidate, control, and rob us citizens.

February 26, 2010 at 11:01 pm

Aardvark

I agree. Any time I see a "formal" response from a government entity I really have to wonder why it is usually so complicated (Occam's Razor comes to mind). I do find it worrisome that should you one day be unfortunate to suffer from chronic pain, you will probably have no option for effective pain management and, thanks to the Catholic church and other pro-life organizations, you will not have the right to terminate your own life either.

February 26, 2010 at 10:14 pm

john

I am a victem of the gov. war on drugs. I am a 100% disabled VIET NAM VET. and after years,out in Cal. , I moved to Tx.. after 2 yr. in Tx. the VA gave me a new Dr. and he cut my HYDROCODONE off because he said that I was a "DRUG ADDICT', because I selfmedicated w/pot. It took me 6 mo. to get my hydrocodone back. I was diagnosed with degenerative arthuritice in 1980, and told that I would be in a wheelchair with in 10 yrs. I sofar havr been able to prove them wrong. I am doing worse than ever .

February 26, 2010 at 10:06 pm

Jack

As a Registered Nurse, I see the cost of overzealous opiate regulation every day. If the public knew how much time is consumed accounting for every opiate medication, and how much this adds to cost and delays delivery of care, they would be outraged. Think about that next time you or someone you love is waiting for pain relief in the hospital. The war on drugs is a farce.

February 26, 2010 at 9:32 pm

wesley barron

what about their tactic (DEA) of catching someone with pills and forcing them to make "buys" to avoid prosecution and then they (Usually teenagers) get killed -it happens/

February 26, 2010 at 9:00 pm

Sean & Yvette

We are experiencing the effects of this right now. Sean has a condition where his skull never quit growing and is putting pressure on his brain. Due to the fear of the DEA the only Dr that has ever helped us is being forced to not manage pain by his clinic's administration. Thus we have to go to a specialist spend 3 times as much and not get the quality of care we have received in the past. We are fighting as hard as I can for a quality of life & Gov is taking it away. sycowl.com

February 26, 2010 at 8:05 pm

jared

I don't know what expertise a "professor of political science" has on this issue at all, but I suspect he is a champion of drug legalization for all. The DEA statistics above, if true, prove there is no "zeal...to harass and prosecute doctors." Common sense, instead of a drug legalization agenda, would lead one to admit that there ARE individuals, including doctors, that want to benefit from dealing in illegal drugs no matter what the price paid by society.

February 26, 2010 at 7:01 pm

RG

The FDA makes the same mistake of every regime proponent: they do not enforce law, which exists without their presence and cannot be usurped, they enforce legislation which is easily usurped - most often by those purporting to keep us safe by enforcing it. The FDA (and every government agent) represent a pathological sickness that manifests in the subjucation of humanity to protect it from the fears they project.

February 26, 2010 at 6:44 pm

Doctor Elefant

John Stossel wrote: "I find Mr Libby much more convincing than the DEA." I'm surprised the DEA pointed out the large amount of pain-killers dipensed in southern Florida. I would expect that. Isn't that area the favorite place for old folks to retire to? Don't old folks have the most aches and pains?

February 26, 2010 at 6:38 pm

Thogek

Some interesting related reading at http://www.aapsonline.org/painman/pm-dea.htm

February 26, 2010 at 6:28 pm

Russ

Ah, the DEA. Another unconstitutional organization. Nowhere does the Constitution grant Congress the power to regulate drugs. Nor, morally, should it. Beyond this, it is unconstitutional and immoral to require prescriptions (for adults). Adults have the right to put _anything_ into their own bodies, helpful, harmful, or deadly. More widely, Congress has no delegated power to require occupational licenses, medical or otherwise. Again, morally wrong. Abolish the DEA, the Drug War, etc.

February 26, 2010 at 6:26 pm

Eric

The DEA, like the IRS and BATFE, is an abusive government agency that is in direct opposition to the Constitution. Nowhere does the Constitution allow the Federal Government to regulate drugs or any other substance. The IRS only gets about 300 criminal convictions per year yet nearly every American feels their harassment with every transaction they are involved in. These rouge agencies need to be reigned in and strictly controlled or better yet, disbanded.

February 26, 2010 at 6:09 pm

maurice fleeta

Pain physicians are dropping their practices and going back to hospital anesthesia groups because of fear of the FDA or other "regulatory" boards shutting them down due to what they( the government) consider abuse by the doctors. It leaves people in chronic pain out in the cold, sufferring and wondering why Docs won't help them.It's freakin' ridiculous!

February 26, 2010 at 6:08 pm

Tom

My Stossel that was your best show yet in my opinion. I appreciated your evidence very much, but was over joyed with your continuously coming back to the real question. "Who owns my body?" Excellent reporting Sir.

February 26, 2010 at 5:11 pm

About this Web Site

  • John Stossel joined FOX Business and FOX News in October 2009. His show, Stossel, airs on the Fox Business Network on Thursdays at 9 PM and midnight ET. It re-runs Fridays at 10 p.m., Saturdays at 9 p.m. and 12 midnight, and Sundays at 10 p.m. (all times eastern).

    He is the New York Times best-selling author of Give Me A Break and Myths, Lies and Downright Stupidity. His "Give Me a Break" commentaries take a skeptical look at a wide array of issues, such as education, the economy, parenting, and more.

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