Stop Prosecuting Doctors For Prescribing Legal Drugs
7 July 2004
2004 Ron Paul 46:1
Mr. PAUL. Mr. Chairman, what this amendment does is it denies funding to
the Department of Justice to prosecute
doctors for prescribing legal drugs.
2004 Ron Paul 46:2
The reason I bring this up is to call attention to the Members of a growing
and difficult problem developing in this
country, and that is, that more and
more doctors now are being prosecuted
by the Justice Department under the
laws that were designated for going
after drug kingpins, for illegal drug
dealers; but they are using the same
laws to go after doctors.
2004 Ron Paul 46:3
It is not one or two or three or four. There are approximately 400 doctors
who have been prosecuted, and I know
some of them, and I know they are
good physicians; and we are creating a
monster of a problem. It does not mean
that I believe that none of these doctors
have a problem. As a physician, I
know what they are up against and
what they face, and that is, that we
have now created a system where a
Federal bureaucrat makes the medical
decision about whether or not a doctor
has prescribed too many pain pills. I
mean, that is how bureaucratic we
have become even in medicine; but
under these same laws that should be
used going after kingpins, they are now
being used to go after the doctors.
2004 Ron Paul 46:4
As I say, some of them may well be involved in something illegal and unethical;
and because I still want to stop
this, this does not mean I endorse it,
because all the problems that do exist
with some doctors can be taken care of
in many different ways. Doctors are
regulated by their reputation, by medical
boards, State and local laws, as
well as malpractice suits. So this is not
to give license and say the doctors can
do anything they want and cause abuse
because there are ways of monitoring
physicians; but what has happened is
we have, as a Congress, developed a
great atmosphere of fear among the
doctors.
2004 Ron Paul 46:5
The American Association of Physicians and Surgeons, a large group of
physicians in this country, has now advised
their members not to use any opiates
for pain, not to give adequate pain
pills because the danger of facing prosecution
is so great. So the very people
in the medical profession who face the
toughest cases, those individuals with
cancer who do not need a couple of Tylenol,
they might need literally dozens,
if not hundreds, of tablets to control
their pain, these doctors are being
prosecuted.
2004 Ron Paul 46:6
Now, that is a travesty in itself; but the real travesty is what it does to the
other physicians, and what it is doing
is making everybody fearful. The other
doctors are frightened. Nurses are too
frightened to give adequate pain medications
even in the hospitals because of
this atmosphere.
2004 Ron Paul 46:7
My suggestion here is to deny the funding to the Justice Department to
prosecute these modest numbers, 3 or
400 doctors, leave that monitoring to
the States where it should be in the
first place, and let us get rid of this
idea that some bureaucrat in Washington
can determine how many pain
pills I, as a physician, can give a patient
that may be suffering from cancer.
2004 Ron Paul 46:8
I mean, this is something anyone who has any compassion, any concern,
any humanitarian instincts would say
we have gone astray; we have done too
much harm; we have to do something
to allow doctors to practice medicine.
It was never intended that the Federal
Government, let alone bureaucrats,
interfere in the practice of medicine.
2004 Ron Paul 46:9
So my suggestion is let us take it away, take away the funding of the
Justice Department to prosecute these
cases, and I think it would go a long
way to improving the care of medicine.
At the same time, it would be a much
fairer approach to the physicians that
are now being prosecuted unfairly.
2004 Ron Paul 46:10
And let me tell you, there are plenty, because all they have to do is to be reported
that they prescribed an unusual
number of tablets for a certain patient,
and before you know it, they are intimidated,
their license is threatened,
their lives are ruined, they spend millions
of dollars in defense of their case,
and they cannot ever recover. And it is
all because we here in the Congress
write these regulations, all with good
intentions that we are going to make
sure there is no abuse.
2004 Ron Paul 46:11
Well, there is always going to be some abuse. But I tell you there is a lot
better way to find abusive doctors from
issuing pain medication than up here
destroying the practice of medicine
and making sure thousands of patients
suffering from the pain of cancer do
not get adequate pain medication.