“..no easy walk to freedom..”
from youarewithinthenorms
NORMAN J CLEMENT RPH., DDS, NORMAN L. CLEMENT PHARM-TECH, MALACHI F. MACKANDAL PHARMD, BELINDA BROWN-PARKER, IN THE SPIRIT OF JOSEPH SOLVO ESQ., INC.T. SPIRIT OF REV. IN THE SPIRIT OF WALTER R. CLEMENT BS., MS, MBA. HARVEY JENKINS MD, PH.D., IN THE SPIRIT OF C.T. VIVIAN, JELANI ZIMBABWE CLEMENT, BS., MBA., IN THE SPIRIT OF THE HON. PATRICE LUMUMBA, IN THE SPIRIT OF ERLIN CLEMENT SR., EVELYN J. CLEMENT, WALTER F. WRENN III., MD., JULIE KILLINGSWORTH, RENEE BLARE, RPH, DR. TERENCE SASAKI, MD LESLY POMPY MD., CHRISTOPHER RUSSO, MD., NANCY SEEFELDT, WILLIE GUINYARD BS., JOSEPH WEBSTER MD., MBA, BEVERLY C. PRINCE MD., FACS., NEIL ARNAND, MD., RICHARD KAUL, MD., IN THE SPIRIT OF LEROY BAYLOR, JAY K. JOSHI MD., MBA,AISHA GARDNER, ADRIENNE EDMUNDSON, ESTER HYATT PH.D., WALTER L. SMITH BS., IN THE SPIRIT OF BRAHM FISHER ESQ., MICHELE ALEXANDER MD., CUDJOE WILDING BS, MARTIN NJOKU, BS., RPH., IN THE SPIRIT OF DEBRA LYNN SHEPHERD, BERES E. MUSCHETT, STRATEGIC ADVISORS
ALL WATCHED OVER BY MACHINES OF LOVING GRACE
BE SURE TO DONATE TO THE MARK IBSEN GOFUNDME DEFENSE FUND, WHERE THE SON ALWAYS RISES!!!
DR. MARK IBSEN, MD, BACKGROUND AND HISTORY IN THE STRUGGLE TO TREAT PAIN
“…Once upon a time, there lived a bison who wanted to help other animals, and so spent his life studying medicine to become a doctor. So it was that the bison came upon a family of mice who were all sick, but they had nothing with which to pay for the doctor’s aid. “But without my care, your children will die. I must help; it is my duty,” he said.
….Without a thought, the doctor gave them his aid, one after the other, and each mouse he healed was grateful. Soon, however, he began to tire and eventually became exhausted, yet still more mice came. “Surely, though, this deed will be worth it in the end,” he thought, strengthening his resolve…”
MONTANA BOARD OF MEDICINE FILES COMPLAINT
“Emancipation of Nonviolent Medical Providers”
According to For Congressman Jesse Jackson, Jr and Cardiologist Dr. Michael Jones, MD.,
“The United States ranks 69th among 191 countries and ranks last among developed countries for the performance of our healthcare system.
Much of our medical system’s failures are due to reduced access to providers and the 64,000 doctor shortage.
Societal Benefit:
…There are presently 70,000 (Seventy Thousand) medical entities (Doctors, Nurses, Clinics, Dentists, Pharmacists, etc.) excluded from providing care due to restrictions related to their convictions. If each of those entities provided care for 2,000 people (a conservative number), the nation would have access to 140,000,000 (1/3 of the US population) more episodes of care. This alone would alleviate the known medical provider shortage.”
FOR NOW, YOU ARE WITHIN
THE NORMS
REFERENCES:
Pain, the Law, and the DEA
This article critically examines the DEA’s role in regulating medical practices, particularly concerning pain management. It argues the DEA oversteps its authority by interfering with doctors’ prescriptions and creating its own medical standards, despite lacking medical expertise.
The authors contend that the DEA’s actions undermine the rule of law, leading to unjust prosecutions of healthcare professionals. The article highlights cases where the DEA’s methods, including reliance on “red flags” and expert consultants, resulted in flawed judgments and dismissed indictments.
The piece advocates for a qualified medical professional to assess the legitimacy of prescriptions, challenging the DEA’s broad interpretation of its powers under the Controlled Substances Act (CSA). Ultimately, the authors seek to protect the autonomy of physicians and pharmacists in treating patients, while honoring the intent of the CSA.
Briefing Document: DEA Overreach and the Criminalization of Pain Management
Main Themes:
- DEA exceeding its authority: The DEA has been accused of acting beyond its legal mandate by attempting to regulate the practice of medicine and criminalizing good-faith medical decisions related to pain management.
- Lack of clear guidelines and contradictory information: Pharmacists and physicians face conflicting guidance from federal health agencies, including the DEA, regarding opioid prescriptions, leading to confusion and fear of prosecution.
- “Red flags” as a problematic proxy for illegitimacy: The DEA relies heavily on “red flags” like patient travel distance and prescription volume to identify potential diversion, often without investigating the legitimacy of the underlying medical need for the medication.
- Due process concerns in DEA administrative hearings: Pharmacists facing DEA investigations are often denied due process rights, including the ability to present witnesses or engage in discovery.
Key Facts and Ideas:
- DEA Authority:
- The DEA lacks the legal authority to dictate medical practice or set prescribing limits. Its role is limited to enforcing the Controlled Substances Act (CSA) and regulating the flow of controlled substances.
- Congress explicitly excluded law enforcement agencies from determining the “legitimate medical purpose” of medications. This determination rests with individual practitioners exercising their professional judgment. (Source: Thomas W. Prevoznik, DEA Deputy Assistant Administrator Diversion Control Division, Letter to Richard A. Lawhern, Ph.D., February 12, 2021)
- DEA’s actions, however, suggest an attempt to regulate medical practice through intimidation and fear of prosecution, rather than relying on evidence of actual diversion.
- Conflicting Guidance:
- Pharmacists and physicians receive contradictory guidance from federal agencies, leading to confusion and uncertainty about acceptable prescribing practices.
- This lack of clarity creates a chilling effect on pain management, forcing patients to travel further for care and discouraging practitioners from prescribing necessary medications. (Source: Walmart statement on opioid lawsuits, Spotify podcast episode)
- “Red Flags”:
- DEA’s reliance on “red flags” as primary evidence of diversion is problematic. These flags often lack context and fail to consider individual patient circumstances or the complexities of pain management.
- DEA consultants often rely on these flags to label prescriptions as “illegitimate” without investigating the medical necessity or consulting with prescribing physicians. (Source: Suntree Pharmacy case, Pronto Pharmacy case)
- The lack of follow-up with prescribing physicians whose prescriptions are flagged as problematic further highlights the focus on punishing pharmacists rather than addressing potential diversion at its source.
2. Due Process Concerns:
- DEA administrative hearings often lack basic due process protections afforded in civil and criminal courts. Pharmacists are often denied the ability to present witnesses, including prescribing physicians, or engage in discovery to challenge the DEA’s evidence.
- This lack of due process creates a system where pharmacists are effectively presumed guilty and face an uphill battle to defend their licenses. (Source: Suntree Pharmacy case, Pronto Pharmacy case)
Important Quotes:
- “DEA authorizes DEA-registered practitioners to do so, to treat patients according to his or her professional medical judgment under a standard of medical practice that is generally recognized and accepted in the United States.” (Thomas W. Prevoznik, DEA Deputy Assistant Administrator Diversion Control Division, Letter to Richard A. Lawhern, Ph.D., February 12, 2021)
- “DEA does not act as the Federal equivalent of a state medical board overseeing the general practice of medicine and lacks the authority to issue guidelines that constitute advice relating to the general practice of medicine.” (Thomas W. Prevoznik, DEA Deputy Assistant Administrator Diversion Control Division, Letter to Richard A. Lawhern, Ph.D., February 12, 2021)
- “As a Law Enforcement agency, DEA is not in a position to authorize or dictate what a doctor prescribes to a patient.” (DEA Letter to Congresswoman Grace Meng, December 18, 2021)
- “Numbers alone can’t determine whether a crime has been committed: The ‘normal’ amount of opioid prescribing for a physician treating pain or addiction will inevitably be much higher than the average for all doctors or the typical amount in most other specialties.” (Leo Beletsky, Northeastern University)
Conclusion:
The DEA’s approach to opioid enforcement raises serious concerns about agency overreach, due process violations, and the chilling effect on legitimate pain management. By targeting pharmacists and relying on flawed metrics, the DEA is failing to address the root causes of diversion while simultaneously creating a climate of fear and uncertainty within the healthcare community.
