PROFESSIONAL ISSUES
Andis Robeznieks, AMNews staff. Sept. 23/30, 2002.
 
The Oregon Board of Medical Examiners intends to take disciplinary action against one of the state's physicians for improperly treating the pain of two patients.
It's the second time the board has gone after Paul A. Bilder, MD. In 1999, it became the first state medical board to discipline a doctor for under treating pain when it disciplined the Roseburg pulmonologist on charges of under treating six patients.
 

On the other side of the country -- and the other side of the coin -- William Hurwitz, MD, a McLean, Va., internist, is being investigated by a federal grand jury looking into whether the prescriptions he wrote for OxyContin to treat pain constitute drug trafficking. The stories of Dr. Bilder and Dr. Hurwitz, while extreme, highlight the problems physicians face as they try to treat patients without prescribing too much or too little pain medication.

But physicians cannot let the fear of board discipline or criminal charges lead them to shy away from pain treatment. The American Pain Society calculated that untreated pain costs American businesses some $50 billion a year in replacement labor costs for the 20 million people who miss up to 20 days of work each year due to pain.

Doctors are truly between a rock and a hard place, says one expert -- partly because law enforcement authorities don't always understand the principles of pain management, and sometimes because doctors create their own problems by not properly following those principles.

Clash of the titans

L. Jean Dunegan, MD, who has a pain-management practice at the Hillsdale Community Health Center in Jonesville, Mich., gives a presentation she calls "The Clash of the Titans: Mandated Pain Management vs. the War on Drugs."

"That's how a lot of doctors feel right now," she said; They feel stuck between two opposing forces -- both of which can do them harm.

20 million people miss work each year due to pain, costing business some $50 billion in replacement labor.

But Dr. Dunegan remains optimistic that this climate can improve. She has been invited to speak at the Rhode Island States Attorney Pain Task Force in November. She believes the invitation is a sign that law enforcement wants to be on the same page as physicians.

"It shows they want to understand what we're trying to do," she said.

Dr. Dunegan said she understands why law enforcement views opioids the way it does.

"If your job is to protect the public from deleterious effects of drugs, you begin to hate drugs because that's what you see: the deleterious effects," she said. "You don't see people who go back to work. You don't see people who no longer want to kill themselves.

"We both look at the same picture, but see different things when the law and medicine butt up against each other."

Nightly character checks

Part of the problem, Dr. Dunegan said, occurs when physicians turn patients into opioid abusers by abdicating prescribing responsibility. This is done by giving patients a minimum amount of medication and telling them: "Take it when you need it, and make it last."

These patients then have nightly "character checks," Dr. Dunegan said, where they wake up and wait until they cannot take the pain anymore and then pop some pills. This leads to a sudden rise of opioids in the blood, which produces euphoria and -- just as patients get used to feeling pain -- they will get used to feeling euphoria.

"For around-the-clock pain, constant dosing is the key," she said. "You have to keep a steady level that's just above the patient's threshold for pain. That way they can function better, and it avoids peaks and valleys."

To avoid problems with both law enforcement and patients who are likely candidates to abuse opioids, Dr. Dunegan said the key is to keep detailed records and start off with a written "definition of success."

This definition involves finding out what the patient is looking to accomplish after their pain has been relieved. This could include going back to work, being physically active, or being able to return to an activity they used to enjoy.

Document and follow up

"If you're documenting what you're doing, you're not only protecting yourself legally, you can track the progress of how well the patient is doing," she said.

Then there must be follow-through, and for suspect patients this may include getting permission to call employers and conducting regular blood and urine drug screens. If a patient is suspected of diverting their medications, what the drug screen doesn't turn up can be more telling than what it does.

"If you're prescribing opioids and there's none in the blood, the patient probably sold their prescription," Dr. Dunegan said. "That's a real helpful test when you get zero."

Dr. Dunegan believes prescription drug monitoring programs are one way medicine and law enforcement can work together to help stop abuse, explaining that these programs help physicians by identifying "scammers" who go from doctor to doctor pursuing fraudulent prescriptions.

Even the most skeptical doctors can get fooled, she said, because "We tend to believe people when we really shouldn't."

She said the worlds of law enforcement and medicine will continue to collide over pain medications because there is a certain type of drug abuser who feels it's safer -- from legal and content standpoints -- to get prescription narcotics from a doctor rather than street drugs from a dealer.

"If someone finds marijuana in your trunk, you're in the slammer for years," Dr. Dunegan said. "So they feel a lot better off taking prescription drugs and -- with more pain medications being prescribed -- there's a lot more to be diverted and abused."

The war on drugs has created a "pharmacological McCarthyism," said Joel Hochman, MD, the executive director of the National Foundation for the Treatment of Pain. The undertreament of pain is an epidemic, he said, because doctors are becoming afraid to prescribe the right medications.

"Every day, I get 10 to 20 suicidal e-mails from patients, and every week I get calls from doctors who are scared to death because someone is trying to take their license away," Dr. Hochman said.

Too much?

Suspicions about overprescribing led Virginia to suspend and then revoke Dr. Hurwitz's medical license in 1996, but -- since his license was reinstated four years ago -- Dr. Hurwitz once again has a thriving pain-management practice.

He admits that a small percentage of his patients are less-than-model citizens and that there are five in prison now as a result of misbehavior with prescription drugs.

"That's five out of approximately 400 patients who been to see me in the last four years," he said.

Dr. Hurwitz believes criminal activity relating to opioid medications has unjustly tainted the drugs, as well as the physicians who prescribe them.

Rogene Waite, spokeswoman for the U.S. Drug Enforcement Administration, said the agency is not opposed to the legitimate use of opioids.

"The DEA supports the adequate treatment of pain in the United States and uses accepted medical practices as a guideline," she said.

Dr. Hochman, however, said the government's actions and its words have very little in common, because physicians who are following the rules are still being investigated.

He said the government investigations circumvent professional review and result in unwarranted indictments of physicians.

"You know what it takes to get an indictment?" he asked. "It takes one prosecutor and 17 uninformed people."

Costly and damaging, no matter what

Even if eventually cleared, Dr. Hochman called these investigations "nuclear bombs," explaining that they can cost up to $250,000 to defend against and, even if no charges result, doctors can have their savings wiped out and their reputations destroyed.

"We feel the balance has been ruptured and the government has not kept its commitment" on allowing doctors to practice pain management, he said.

"The playing field is on a 25-degree angle, and guess who has the high ground? It's not the doctors."

http://www.ama-assn.org/sci-pubs/amnews/pick_02/prsa0923.htm

http://www.drugpolicy.org/docUploads/Bilder_v_Oregon_Stipulated_Order.pdf

Dr Bidler has been cleared and is in active practice now (2014)

 

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