Euless pain management doctor must turn over patient info to DEA, federal appeals court rules
Is this another incident where the “judicial system” condones/protects the (illegal ?) actions of the DEA which is another part of the judicial system (DOJ). To help perpetuate the DEA’s existence , the war on drugs and the 51 billion dollar budget ?
A Euless doctor will have to turn over some of his patient information to the DEA as part of a criminal investigation into his prescribing of pain pills and tranquilizers, a federal appeals court has ruled.
Dr. Joseph Zadeh, 51, had questioned the DEA’s use of an administrative subpoena for medical files at his office instead of a court-ordered warrant, saying among other things that it violated his patients’ privacy.
Joseph Zadeh
But the 5th Circuit Court of Appeals ruled on April 21 that the federal district court was correct in confirming that the subpoena was valid. The appeals court said the federal Controlled Substances Act “pre-empts” the Texas Occupations Code.
The DEA initially requested patient files. But under a previous agreement, Zadeh must provide the names, dates of birth and addresses of the more than five dozen patients connected to the subpoena, court records show. He also must turn over lab work as well as diagnosis and prescription information, records show.
The ruling is expected to have a major effect on how the government investigates health care fraud. It means that agents can get patient information from doctors without criminal warrants, which have to be signed by a judge based on probable cause.
The DEA is investigating the “diversion of controlled substances” in connection with Zadeh’s practice, according to federal court records.
The subpoena did not seek information about all of Zadeh’s patients, just those whose prescriptions had “already come to the attention of the DEA through its other investigative efforts,” the appeals court said.
Zadeh referred questions to his attorney, who declined to comment on Monday.
Zadeh also claimed abuse of process in court documents in how the subpoena was handled.
Investigators with the Texas Medical Board visited Zaheh’s office with DEA agents in October 2013 to serve the administrative subpoena. While the state investigators identified themselves, the DEA agents did not, court records show.
The agents interviewed neighboring businesses and looked at Zadeh’s prescriptions at a local pharmacy while state investigators scanned and copied documents, court records show.
Zadeh’s attorney arrived and asked the investigators to end the search. The DEA agents left. About a month later, the DEA issued a second subpoena to Zadeh, seeking the medical records of 67 people who received prescriptions.
Zadeh refused to provide the records, arguing their release would violate the Fourth Amendment and state law.
“Dr. Zadeh has put forth no evidence that the DEA agents who joined the Medical Board investigators meant to mislead Dr. Zadeh’s employees by remaining silent during this time,” the appeals court ruled.
Zadeh started his practice in Euless in 2009, according to his Linkedin page.
The Texas Medical Board initiated a formal complaint against him in March 2015, state records show. The state’s allegations include that Zadeh:
–Routinely prescribed Xanax and Hydrocodone to patients without stating a reason, showing a pattern of “non-therapeutic” prescribing.
–Failed to monitor his patients for abuse or diversion of the drugs he prescribed and failed to order drug screens despite evidence of abuse and diversion.
–Failed to maintain adequate medical records for his patients.
–Operated an unregistered pain management clinic.
Filed under: General Problems
Why not haul every clinician’s nether end to court for not documenting the necessity of prescribing Zoloft, Prozac, Lopressor (wonder why you have tachycardia? could it be the pain? No! No! it couldn’t be!), other beta blockers (they’re TERRIFIC for anxiety, didn’t you know!, oh, you don’t have and M.D. after your name! Trust me, I DO have an M.D. after MY name, and beta blockers are TERRIFIC for anxiety!). . . . . okay, forgive my rant – let’s move on. cyclobenzaprine, NSAIDS, promethazine (another TERRIFIC anxiety med for someone who hasn’t slept for two months) . . . I (me the writer of this rant) will stop there. I HATE doctors. I HATE clinicians of every stripe. But they hated me first, so we’re even. But, back to my original point. Why not expose these idiots to the same degree of regulatory and legal scrutiny for prescribing Seroquel that we expose them to for prescribing Xanax (which, IMHO, should be available over the counter – I know I just lost most of you.) I hate doctors, NPs, PAs, counselors (all of whom seem to specialize in “addiction” counseling). I am not now, nor have I ever been, a part of the drug subculture. But I am starting to wish that I were . . .
#UNGASS #globalcommission – legalize it all, like EtOH (good luck with that – too many DEA agents earning 6 figures, who can retire after 20 years – it’s gonna be an uphill fight – maybe I can find one to sell me the good stuff, since I don’t want to be shot on the street or robbed for simply seeking pain relief)
Our forefathers would be flipping over in their graves,,for EVERYTHING ,,EVERYTHING they fought and died for founding this country is gone,,Privacy,,,what was the definition of that word??I wrote my aclu about my right being violated and the hippa laws being violated in Wisconsin,,,got no reply at all,,our aclu help our govermant here write the dam P.D.M.P. here in wisco,,and now this H.O.P.E. program,,complete violation of my hippa laws,,,but my aclu in Wisconsin rather fight for the right to use the bathrooms here!!!!sicking all sicking,,if this was 1776 we would be in a revolution and rightfully soo!!!maryw
Xanax with no reason? Why don’t they come down on ERS for throwing it at young females who come in with actual heart issues they can’t be bothered to figure out. Pain and sickness can easily = anxiety. That’s just one of those things. And show me just how many psychologists “properly doccument” tossing around the same thing to people who don’t even need it or documentation for people who have anxiety and they simply just prescribe it because it’s a necessity. Just one of those common sense things methinks.
And failing to order drug screens? Failure to monitor for abuse and diversion? Where is this abuse and diversion evidence? And since when does Texas legally require drug screens for pain meds? Only legislation I remember for that was in Indiana. Last I checked “adequate” medical records always seems to be in the eye of the beholder, usually in court, because there aren’t really laws about it either and it’s a grey area because all patients are different (in any other area besides pain medicine now that is)
My prayers for this man and his patients. This madness needs to end. Peoples quality of life, careers, relationships, and what little health they have are being ripped away for no good reason and jobs are being taken from doctors who are just trying to give their patients the best they can of the above. This is cruelty, extortion, and unjust by every definition.
URGENT NEWS REPORT,
DEA CHANGES INITIALS TO KGB.