Doctor’s Appeal Rejected ; Physician Sought Pain Med Hearing


Aug 22, 2008 By: Polly Summar Journal Staff Writer Albuquerque Journal (NM) The New Mexico Medical Board declined Thursday to set aside an order prohibiting physician Joan Lewis of Albuquerque from treating her patients’ chronic pain conditions for more than 30 days. Lewis and her approximately 400 patients were hoping the board would set aside the order. That would have allowed her to request a hearing on the order, which she had previously agreed to. Attorney Penni Adrian told the board that her client, Lewis, had agreed to sign the order for two reasons: Lewis spent $60,000 to defend herself on a 2001 charge by the board for “injudicious subscribing” and couldn’t afford to do it again, and two, Lewis believed she could lose her license if her case went to a hearing. Between 2001 and Lewis’ current charges, the Medical Board changed its policies and now pays for its own costs when physicians face discipline instead of requiring that a doctor assume those costs. Lewis and her patients say her pain protocol is part of a pioneering program. In dealing with her patients, Lewis said she has documented a pattern of initial relief after starting them on pain medications, followed by a return of the pain. At that point, Lewis increases the dosage until the patient finds relief again. Most patients, she says, then find they reach a plateau where they still have some pain but they can carry on in their lives. Then Lewis begins to wean them from the medications by gradually reducing the dose, which allows the body to step in and carry on its own pain management. But she said some pain patients will always need some level of medication. Siobhan Reynolds, co-founder of the national Pain Relief Network, was among a group of a dozen supporters and patients of Lewis attending the meeting. “The problem is that there is no standing for patients at a Medical Board meeting,” she said, “even though the board is empowered to protect their interests.” Reynolds said her organization is looking into all the different possibilities to protect their interests. The PRN is a network of patients, family members, physicians, attorneys and activists who are trying to get relief from both pain and legal prosecution. The network recently filed suit in Washington state to challenge restrictions on how much pain medicine doctors can prescribe there. “The basic themes that apply in Washington state would apply here: This is a state action taken against the interest of patients in the name of protecting them,” Reynolds said. “These patients are going to be out of meds Sept. 1 or Oct. 1 — depends on how you read the agreement.” At Thursday’s meeting, Medical Board prosecutor G.T.S. Khalsasaid he had discussed everything in the order in detail with Lewis’ previous attorney before she signed off on the order. “I told him I’m concerned about the transition for these patients. … I want a plan for them so she doesn’t just shut her practice,” Khalsa said. Khalsa said he also specifically put in the order that “she does not admit she did anything wrong” so that no one could sue Lewis. In a letter to all New Mexico licensed doctors, physician Paul Kovnat, chairman of the Medical Board, wrote: “Numerous studies have shown that a major contributing factor to the continued undertreatment of pain is a concern amongst physicians that the Medical Board will respond aggressively to any indication that a physician is prescribing large amounts of narcotics. The Board is communicating with you today as part of an ongoing effort to dispel this myth.” But Lewis told the board, “All pain management specialists are terrified they’re going to be on the same chopping block I am.” (c) 2008 Albuquerque Journal. Provided by ProQuest LLC. All rights Reserved.