buey
Old Hand
Reged: 01/15/03
Posts: 440
Loc: USA
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http://www.polkonline.com/stories/103003/loc_suspends.shtml
Notice that it said
Dominique, who moved his office from Kissimmee earlier this year, is accused of violating the DEA's 18-month-old prohibition on prescribing narcotics based solely on Internet or telephone exams. According to the suspension order, Dominique sent potentially addictive drugs to faceless patients who filled out online surveys after phone interviews.
Has anyone heard that they cannot prescribe based solely on phone exams? Or does this mean no records? I thought US OPs that required records were operating within the law. Am I wrong?
Quote:
HAINES CITY -- U.S. drug enforcement agents say they've busted a Haines City-based online prescription scheme that resulted in the near fatal overdose of a California woman.
The DEA suspended last week Dr. Jean Coileau Dominique's license to prescribe narcotics, accusing him of being "an imminent danger to public health and safety."
Dominique, who used addresses at 135 N. Sixth St. and 608 Jones St., both in Haines City, can challenge the suspension. No date was set for the hearing, said Joe Kilmer, a Miami-based DEA spokesman. A request for comment left at Dominique's Jones Street office, advertised as Mid-Florida Medical Walk-In Clinic, went unanswered.
Haines City records list no occupational license for a physician's office at either downtown location.
Investigators report that Dominique purchased more than 4 million doses of hydrocodone, a painkiller, from a single distributor between last November and Aug. 12.
A state Department of Health Web site listed no disciplinary action Wednesday against Dominique. A spokeswoman had no further information.
Dominique, who moved his office from Kissimmee earlier this year, is accused of violating the DEA's 18-month-old prohibition on prescribing narcotics based solely on Internet or telephone exams. According to the suspension order, Dominique sent potentially addictive drugs to faceless patients who filled out online surveys after phone interviews.
According to reports, two sham patients used by DEA investigators in Orlando acquired hydrocodone, a class of opiate including Vicodin, without face-to-face exams or medical records. The orders were filled strictly based on a phone conversation. In one case, the fictitious patient reported never having his "Jet Ski" injury examined by a physician.
Employees who were not necessarily physicians conducted the phone interviews in both cases before painkillers and refills were mailed to the DEA agent. Dominique, who reportedly saw patients at 135 N. Sixth St. above Cardsync, allegedly informed an associate the activity was in a "gray area" under Florida law.
Investigators raided Dominique's Jones Avenue office Oct. 22. A single receptionist was the only office worker apparent Wednesday. She did not expect Dominique to return to the office. DEA agents report Dominique "saw few, if any, walk-in patients" at either Haines City office, or the original office in Kissimmee.
Neighbors reported seeing only office workers entering offices in the remodeled former Pit Stop bar. Dominique maintained offices at the CardSync credit card processing building while the bar was being remodeled, property owner Larry Baldwin said. But Baldwin still has not finished the upstairs where Dominique allegedly told the DEA he examined patients.
Baldwin owned the Pit Stop until two months ago. The site was purchased for $220,000 in August by Huevel & Associates Inc., Davenport. Employees at Cardsync declined Wednesday to comment on the case. Baldwin continues to own the Cardsync building on upper Sixth Street.
According to reports, a Hollister, Calif., woman identified only as "D.R." nearly overdosed on a combination of alcohol and Valium that Dominique prescribed about a week after he received DEA permission to move to Jones Avenue. She was discovered unconscious the day a drug refill arrived, according to DEA investigators.
Before Dominique moved to Haines City, hydrocodone he reportedly prescribed online contributed to the fatal overdose of a San Francisco man last September. Two other physicians also prescribed painkillers taken simultaneously by the man who later died.
According to the DEA, patients who tried to cancel their order could not say no to Dominique's office staff. An Oberlin, Ohio, air traffic controller originally acquired 100 doses of Vicodin from Dominique "based upon a two-minute phone consultation." Office workers refused to let the traffic controller cancel his refill which was then sent early, investigators report.
"J.S. still refused to accept the refill and threw out the remaining Vicodin that was left," according to documents.
Edited by DrugBuyers (11/01/03 02:49 PM)
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Dukey
Journeyman
Reged: 09/24/03
Posts: 88
Loc: New England
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It must mean no records. Unless the media has gotten the facts wrong agin, surprise.
Tele-medicine is not going to end. It may chage some but it won't end.
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ohd_37
Board Addict
Reged: 08/05/03
Posts: 399
Loc: up north, yankee all the way
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Maybe they are refering to someplaces like AAAMWW where you send your records after the consult. I would guess and say that when AAAMWW starts doing consults again they will want your records BEFORE sending any meds!!
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voyager
Board Addict
Reged: 04/17/03
Posts: 384
Loc: United States Virgin Islands
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Glad I am not DR. D. It sounds like he is in BIG TROUBLE! 
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oreo
Journeyman
Reged: 05/17/03
Posts: 62
Loc: North-lived South but prefer t...
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That's too bad. Dr. D. helped alot of people who are in pain. It's the abusers who got him in trouble. Just my opinion..........
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Dante6677
Member
Reged: 08/14/03
Posts: 134
Loc: Fl. Panhandle
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Look here if you want to know the laws on this~http://www.deadiversion.usdoj.gov/fed_regs/notices/2001/fr0427.htm
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padmakara
Member
Reged: 09/16/03
Posts: 136
Loc: Chiang Mai
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Terrible news. I wonder, it sounds like he was filling the scrips himself instead of outsourcing to a pharmacy, which is illegal as far as I'm aware, a licensed pharmacist an MD is not. If he was filling them, like this article makes it sound, there's no way the refills could be given that patients already have. But if I remember right, his meds came from a pharmacy in st. pete, not tampa, and it had its own label/name etc. I'm going to try calling in my refill in a few days and see what happens. Anyone else already know?
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TwG
Journeyman
Reged: 06/17/02
Posts: 67
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No, he got himself in trouble for writing soo many scripts. He wasn't in it to help people, he was in it to get rich. I don't think what he did was wrong, but than again, I don't think these "abusers" are doing anything wrong either. Blame the DEA if anyone, they are the pieces of Best if kept off the board here that ruin lives for a living.
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yawkaw3
Pooh-Bah
Reged: 03/22/03
Posts: 1178
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My understanding of this (based on this one article) is that the excessive scripts got him noticed, and when they investigated, they found he also owned a pharmacy and used to purchase hydro for resale, without the presence of a licensed pharmacist. A doctor can legally price-split with a pharmacy, but he cannot be an owner who purchases and dispenses meds. In America, that's illegal; in many other countries, it's commonplace.
I agree with TwG; I don't think what he did was wrong, nor do I think what the abusers did was wrong. Hopefully Dr. D will get good legal care and get this resolved, but I'm not too optimistic about it. I'm also not so sure Dr. I is next like other people are saying, to the best of my knowledge, he never had any stake in any pharmacy.
-yawkaw
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Dante6677
Member
Reged: 08/14/03
Posts: 134
Loc: Fl. Panhandle
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This is taken from DEA notices 2001:
"For purposes of state law, many state authorities, with the endorsement of medical societies, consider the existence of the following four elements as an indication that a legitimate doctor/patient relationship has been established:
A patient has a medical complaint;
A medical history has been taken;
A physical examination has been performed; and
[[Page 21183]]
Some logical connection exists between the medical complaint, the medical history, the physical examination, and the drug prescribed."
According to The notices,of witch Ive allready given the link, if these requirements arent met befor prescibing, its illegal~
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Corrie
Board Addict
Reged: 07/16/02
Posts: 362
Loc: Southeast US
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Quote:
No, he got himself in trouble for writing soo many scripts. He wasn't in it to help people, he was in it to get rich. I don't think what he did was wrong, but than again, I don't think these "abusers" are doing anything wrong either. Blame the DEA if anyone, they are the pieces of Best if kept off the board here that ruin lives for a living.
I totally agree, TwG. That's exactly what I was thinking, but you said it perfectly.
Corrie
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zorg
Veteran
Reged: 04/29/02
Posts: 559
Loc: Midwest
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Sounds like a step above the pharmaceutical equivalent of an ordinance violation to me ?
At least it's not murder like what they to do so many other poor docs :\ Best of luck to Dr. D, I've spoken with him once, SUPER cool and a straight shooter all the way.
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Corrie
Board Addict
Reged: 07/16/02
Posts: 362
Loc: Southeast US
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I suppose we have all had different repoires with Dr. D.
I wrote about this months ago, but I have records of MRI's, X-Ray's, diagnostic reports (all signed) including my name, address, medical information and stats and Dr. D. refused to write a script for a medication that I had been taking for a year (with the occasional self-imposed holiday). He hung up on me before I could explain my situation regarding the strength of the med (10/325), and so I denied receipt after trying to contact Meds123 for 2 days straight with no answer or being put on hold. I was also denied the chance for another consultation to explain my situation. It was fairly clear cut. I also want to add that I've never had this problem before, as I've only used YOD and FEDX and NWW (once) with great success and caring doctors.
I know that many here are supporters of Dr. D., I just happen to not be one of them. He was rude, hung up on me before I could finish my sentence, wrote out the wrong prescription in regard to what I had been taking and did not take my records as thorough (and believe me, they ARE thorough). After reading through various posts regarding this issue, this occurrence is not unnatural for Meds123 and its' affiliate.
But I still feel that he has helped many people obviously with their medical problems, and that is deserving of consideration. That was just my experience with Meds123, and I think that anyone who has a negative or positive experience should relay it as it occurred, neither embellishing or leaving out important details. It was what it was.
Corrie
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lgriffincsa
Journeyman
Reged: 10/30/02
Posts: 67
Loc: North Carolina, CSA
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I have been trying to get a refill for my hydro from EPHY for a week now. I cant get any reply from them via email. I just noticed that Dr. Jean Dominique is listed on my script! Does this mean that I am screwed? Since the Dr. is in trouble, do yall think that the DEA will take a hard look at us patients? I faxed records to EPHY and had a phone consult when I first placed my order, but all this has got me worried.
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IMSUSCOT1
Threadhead
Reged: 10/23/02
Posts: 848
Loc: usa
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I doubt you have much to worry about as a patient...as long as your records are legit (please don't take this to mean I'm in anyway questioning or suggesting ANYTHING about you personally, I'm just answering the question asked)...a refill with his DEA # is now defunct....the pharmacy should have another doc (don't they?) who should be able to call in your refill. Good luck
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lgriffincsa
Journeyman
Reged: 10/30/02
Posts: 67
Loc: North Carolina, CSA
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Thanks for the quick reply. My records are legit, disc tear, DDD, and arthrtis in my spine. I would hope they have another Dr., but so far I have heard nothing. The generic email they sent me in response to my refill iquirey said that someone would contact me within 24 hr. I will let yall know what happens. Thanks again.
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domain
Newbie
Reged: 07/17/03
Posts: 43
Loc: Iowa
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Most information here is correct except one item. A doctor can dispense medication and there is no need to go thru a pharmacy. Think about it for a moment, when you go to see a doctor for whatever reason how many times has he or she given you a promotional sample pack of meds?
Many doctors in small rural towns that are miles away from any pharmacy dispense meds on a routine basis.
I asked my personal doc about this one time and he said doctors can dispense meds from their office as the rural doc's do but they normally don't don't because of the additional costs of staff, record keeping etc.
Just thought I'd toss this out for conversations sake.
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lovepink
Goddess
Reged: 01/01/02
Posts: 1476
Loc: NYC Metro Area
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I agree...a friend of mine has gone to several "diet doctors" over the years in my area - at each visit the physician dispenses her phentermine, didrex, etc. directly from an office supply.
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Lovepink
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Jordan530
WonderWoman
Reged: 11/20/02
Posts: 597
Loc: The Left Coast of Florida
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I remember many many moons ago ( I won't say HOW many) when I was a child and our family doctor would prescribe a med, he always gave it to us directly from his office. We never had to go to a pharmacy to get it filled. Aahhhhhhh for the good ole' days.
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'A balanced diet is a cookie in each hand'
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yawkaw3
Pooh-Bah
Reged: 03/22/03
Posts: 1178
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If you really want to split hairs...
By dispensing meds, I was referring to dispensing meds within the context of a licensed pharmacy, which is an entirely different scenario than at your local doctor. Dr. D was (allegedly) doing that on a national level without a pharmacist present, and that is illegal.
What you are talking about is a local office visit within the same state with the same doctor you have a valid doctor/patient relationship with.
The laws vary from state to state what is acceptable practice for dispensing doctors. In some states, for example, meds cannot be dispensed unless there is a genuine medical emergency. Some states limit it to a 72 hour supply.
And yes I am aware you can get samples at a doctor's office. 
But that's just the law, even in states with these laws, the practice is widely tolerated, I didn't mean to imply otherwise...
-yawkaw
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lovepink
Goddess
Reged: 01/01/02
Posts: 1476
Loc: NYC Metro Area
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LOL, I'm sorry yawkaw, I didn't read the entire thread...I was just agreeing with the statement the poster above me had made, not disagreeing with YOUR post (which I'll go read now!, lol)
Take care
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Lovepink
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yawkaw3
Pooh-Bah
Reged: 03/22/03
Posts: 1178
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Quote:
LOL, I'm sorry yawkaw, I didn't read the entire thread...I was just agreeing with the statement the poster above me had made, not disagreeing with YOUR post (which I'll go read now!, lol)
Take care
It will take me years of therapy to overcome the emotional damage, lovepink, but I forgive you. LOL 
-yawkaw
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ohd_37
Board Addict
Reged: 08/05/03
Posts: 399
Loc: up north, yankee all the way
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My Dr has told me that they are not allowed to hand out samples of Narcotics. Blood Pressure, Antibotics, and the such are ok but not narcotics.
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Trampy
Pooh-Bah
Reged: 04/02/02
Posts: 1194
Loc: Southwest U.S.
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Quote:
This is taken from DEA notices 2001:
...
According to The notices,of witch Ive allready given the link, if these requirements arent met befor prescibing, its illegal~
A Policy Statement is not the same as Rulemaking. Read the DEA Notice again. It does not have the force of law and cannot be used against anyone outside of a DEA license revocation hearing, which is a civil matter and not a criminal proceeding.
The DEA is telling the states what it would like them to do in making and enforcing state law. The states don't have to follow it. Look at the medical marijuana fuss. Doctors in HI can hand out Medical Marijuana Cards for anything they see fit and their patients can then grow their own C-I drug in their backyard without fear of state law. DEA still says pakalolo has "no legitimate medical use." Go figure.
Trampy
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Your mileage may vary ...
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domain
Newbie
Reged: 07/17/03
Posts: 43
Loc: Iowa
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Ohd 37 your kinda of sorta correct in what you say. My doctor is my next door neighbor (has the day off) so I asked him about your post. He says that a doctor can adminster, prescribe, dispense and hand out samples of drugs in his office no matter what schedule they are. The doctor however must document the schedule II drugs he gives out and must do as the pharmacies do and keep them in a controlled enviorment. He can also prescribe and send most drugs nationwide to a "patient" or if he chooses he can fax, call or mail a pharmacy with an order. Now here's the kicker.....he can not send schedule II's nationwide nor can he call or fax an order in for II's. By federal law the pharmacy must have an original written perscription to dispense the meds.
He also went on to say that state rules may vary slightly but states can not license a doctor to dispense medications only the DEA can do that. The states simply endorse the license given by the Feds, same way with pharmacists. Without a DEA registration/license a doctor couldn't do squat.He said states can make rules that may place additional requirments concerning drugs but they can not over ride the DEA permit. Hence they can make it more restirctive but never less. Doctors can write scrips in any state however if they are not licensed in that state the rules in that area may require pharmacies to ignore the order. It gets really tangled with political garbage as you can see.
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barrett
Stranger
Reged: 12/01/02
Posts: 12
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I'm just wondering if all of the people who used AAA are going to be under investigation s well as dominique. Could be some in trouble if it's illigal, ya think?
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yawkaw3
Pooh-Bah
Reged: 03/22/03
Posts: 1178
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Don't worry yourself with it, Barrett. The doctor is the one who screwed up, not us. What would we be guilty of anyway?
-yawkaw
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2muchpain
Enthusiast
Reged: 10/07/03
Posts: 274
Loc: USA
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And if AAA's clientele is under investigation, what about all of the folks who bought hydro from Tropical, etc.? I doubt that the DEA has the manpower to investigate each and every buyer.
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