By: Michael GeorgeTAMPA - Doctors have a special place in society, and with good reason. They save lives. The vast majority of doctors have no disciplinary problems and work hard every day to help their patients.
But the I-Team is uncovering some cases of doctors keeping their licenses for months after they have been arrested and charged with serious crimes.
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Charlotte Fox is now an advocate against prescription drug abuse after she lost her son last year.
“80 Oxycontin, 240 Oxycodone, Xanax…90,” Fox said, reading a 20-day prescription given by a doctor to her son, Matt.
Fox believes the doctor overprescribed pills to her son. When Matt’s addiction became too much for him to handle, he took his own life.
“He wasn’t the only one that died. I died a whole lot,” Fox said.
No action was taken against Matt’s doctor. But Fox believes doctors who do face criminal charges aren’t being punished enough. She believes they should lose their medical licenses for good.
An I-Team investigation of medical discipline records uncovers some doctors keep their licenses for months after being arrested.
Dr. Kimberly Daffern was singled out by Tampa’s police chief last year for allegedly participating in a large drug trafficking operation.
“They put millions of pills out on the street,” said Chief Jane Castor, in December of 2010.
The Tampa Police Department claimed 5 overdose deaths were linked to drugs provided by Daffern’s clinic. But 6 months after facing 67 drug trafficking charges, Daffern’s medical license is still valid as she awaits trial. According to her lawyer, she is still treating patients. Daffern’s lawyer, Chip Purcell, says his client is completely innocent and he is fighting to have the charges will be dismissed.
Purcell says doctors should be allowed to keep practicing medicine until a court rules on their case. He says they should be presumed innocent until proven guilty.
“You cannot take away people’s rights, in this country and in this state, without due process of law,” Purcell said.
Last month, Dr. Christina Paylan was arrested and charged with drug trafficking, accused of writing phony prescriptions for herself and her boyfriend. Her license, too, is listed as valid by the Department of Health, and her cosmetic surgery clinic in Tampa is still open for business. Dr. Paylan is currently awaiting trial.
“Where are the doctors monitoring their own? They’ve let us down horribly,” Fox said.
The Florida Board of Medicine is responsible for deciding whether a doctor’s license should be suspended or revoked. The Department of Health can investigative complaints filed, or they can take action independently. After a hearing in front of fellow doctors, the board can take a vote on a doctor’s license.
The Department of Health does have the power to place an emergency suspension immediately on a doctor’s license if they determine there is an immediate danger to public safety. Senator Mike Fasano (R-New Port Richey) argues they are not using that power enough.
“I think the Board of Medicine needs to be more aggressive. I believe that they’ve been extremely lenient on many of these doctors,” Sen. Fasano said.
Fasano believes any doctor charged with a crime should have their license suspended until the outcome of a trial.
Watchdog group Public Citizen ranks Florida 44th in the country for rates of disciplining doctors (see http://www.citizen.org/documents/1949.pdf ).
Dr. Ty Anderson has had his license suspended once, in 2006, for allegedly signing blank prescription forms and allowing staff to write prescriptions on his behalf. Today, he is running a family medical practice in Largo. The Pinellas County Sheriff’s Office says they are currently investigating his clinic.
USF professor and health law expert Dr. Jay Wolfson says the process is slow, so the Department of Health can conduct thorough investigations. But he also believes budget cuts may cause delays.
“It’s afflicted by severe budget shortfalls, reductions in staff, and the ability to do its job right,” Dr. Wolfson said.
Dr. Wolfson and Sen. Fasano agree that the department is putting an increased focus on doctors accused of drug trafficking. The Department of Health is issuing more emergency suspensions in recent years, up from 216 in the fiscal year of 2007-2008 to 264 in the fiscal year of 2009-2010.
The Department of Health says they are taking action against doctors writing phony prescriptions. Spokesperson Jessica Hammons wrote, in an e-mailed statement, “State Surgeon General Dr. Frank Farmer is committed to improving the emergency suspension order process.”
DOH did not respond to requests for an interview for our story.
Charlotte Fox believes the state needs to do a better job. She says doctors should be held to a higher standard than other jobs. “We have a great respect for doctors. We trust
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