Dec 15, 2006 Author Unknown Emeraldcoast.com

A Federal Grand Jury has returned an indictment charging a Panama City physician and the office manager of his medical practice with conspiracy to commit healthcare fraud, mail fraud, conspiracy to distribute controlled substances, and unlawful dispensing of controlled substances.

Dr. John Q. Durfey, 77, and Rhonda K. Fenwick, 47, both of Panama City were charged Wednesday in a 124-count indictment. Charges include:

• Conspiracy to commit health care and mail fraud • 34 counts of healthcare fraud • 10 counts of mail fraud • Conspiracy to distribute controlled substances • Two counts of dispensing controlled substances that resulted in the deaths of two people • 76 counts of dispensing controlled substances

In the indictment, Durfey, a licensed physician who recently practiced at Emerald Coast Pain Center in Panama City, was charged with prescribing controlled substances to patients without medically determining a need for the medications. He is also accused of continuing to subscribe the medications knowing his patients were addicted to the drugs and “doctor shopping” to obtain more drugs. The indictment alleged that Durfey wrote prescriptions for patients even after drug overdoses and that two of his patients died from the uses of these controlled substances. Durfey and Fenwick are also charged with filing fraudulent claims to health care benefit programs for patients who didn’t have appointments or were never seen by Durfey, missed appointments, had no patient file with Durfey, or had unnecessary prescriptions filled at pharmacies.

The indictment seeks the forfeiture of property of the defendants, including $150,000 from Durfey.

If convicted on the counts charging death resulted from the use of controlled substances he prescribed, Durfey faces a mandatory minimum term of 20 years’ imprisonment, a maximum of life imprisonment, and a fine of $1 million on each count. On the remaining counts, Durfey faces a maximum total term of imprisonment of 1,960 years imprisonment on the drug counts and total fines exceeding $82 million. Fenwick faces a total maximum term of 120 years’ imprisonment, and $2.5 million in fines.

This indictment is the result of a two-year joint Federal/State North Florida Health Care Fraud Task Force investigation.

“The protection of citizens in the community from licensed doctors who dispense highly addictive controlled substances such as OxyContin outside the usual course of professional practice is a primary concern of health care matters,” said Attorney Gregory Miller. “The North Florida Health Care Fraud Task Force will vigorously investigate and identify those medical practitioners who use their licenses to peddle controlled substances to abusers and addicts outside the course of standard medical practice. This conduct, along with the theft of public funds and fraud committed against the taxpayers and health care benefit programs remains a priority with the Department of Justice.” An indictment is merely a formal charge that a defendant has committed a violation of federal criminal law, and every defendant is presumed innocent until, and unless, proven guilty beyond a reasonable doubt.

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