HON. RON PAUL OF TEXAS
BEFORE THE U.S. HOUSE OF REPRESENTATIVES
February 12, 2004
Rush Limbaugh and the Sick Federal War on Pain Relief
2004 Ron Paul 5:1
Mr. Speaker, the publicity surrounding popular radio talk
show host Rush Limbaugh’s legal troubles relating to his use of the
pain
killer OxyContin hopefully will focus public attention on how the
federal drug
war threatens the effective treatment of chronic pain. Prosecutors have
seized
Mr. Limbaugh’s medical records to investigate whether he violated
federal drug
laws. The fact that Mr. Limbaugh is a high profile, controversial,
conservative
media personality has given rise to speculation that the prosecution is
politically motivated. Adding to this suspicion is the fact that
individual pain
patients are rarely prosecuted in this type of case.
2004 Ron Paul 5:2
In cases where patients are not high profile celebrities
like Mr. Limbaugh, it is pain management physicians who bear the brunt
of
overzealous prosecutors. Faced with the failure of the war on drugs to
eliminate
drug cartels and kingpins, prosecutors and police have turned their
attention to
pain management doctors, using federal statutes designed for the
prosecution of
drug dealers to prosecute physicians for prescribing pain medicine.
2004 Ron Paul 5:3
Many of the cases brought against physicians are rooted in
the federal Drug Enforcement Administration’s failure to consider
current
medical standards regarding the use of opioids, including OxyContin, in
formulating policy. Opioids are the pharmaceuticals considered most
effective in
relieving chronic pain. Federal law classifies most opioids as Schedule
II
drugs, the same classification given to cocaine and heroin, despite a
growing
body of opinion among the medical community that opioids should not be
classified with these substances.
2004 Ron Paul 5:4
Unfortunately, patients often must consume very large
amounts of opioids to obtain long-term relief. Some prescriptions may
be for
hundreds of pills and last only a month. A prescription this
large may appear
suspicious.
But according to many
pain management specialists, it is medically necessary in many cases to
prescribe a large number of pills to effectively treat chronic pain.
However,
zealous prosecutors show no interest in learning the basic facts of
pain
management.
2004 Ron Paul 5:5
This harassment by law enforcement has forced some doctors
to close their practices, while others have stopped prescribing opioids
altogether — even though opioids are the only way some of their
patients can
obtain pain relief. The current attitude toward pain physicians is
exemplified
by Assistant US Attorney Gene Rossi’s statement that “Our office will
try
our best to root out [certain doctors] like the Taliban.”
2004 Ron Paul 5:6
Prosecutors show no concern for how their actions will
affect patients who need large amounts of opioids to control their
chronic pain.
For example, the prosecutor in the case of Dr. Cecil Knox of Roanoke,
Virginia,
told all of Dr. Knox’s patients to seek help in federal clinics even
though
none of the federal clinics would prescribe effective pain medicine!
2004 Ron Paul 5:7
Doctors are even being punished for the misdeeds of their
patients. For example, Dr. James Graves was sentenced to more than 60
years for
manslaughter because several of his patients overdosed on various
combinations
of pain medications and other drugs, including illegal street drugs. As
a
physician with over thirty years of experience in private practice, I
find it
outrageous that a physician would be held criminally liable for a
patient’s
misuse of medicine.
2004 Ron Paul 5:8
The American Association of Physicians and Surgeons (AAPS),
one of the nation’s leading defenders of medical freedom, recently
advised
doctors to avoid prescribing opioids because, according to AAPS, “drug
agents
set medical standards.” I would hope my colleagues would agree that
doctors,
not federal agents, should determine medical standards.
2004 Ron Paul 5:9
By waging this war on pain physicians, the government is
condemning patients to either live with excruciating chronic pain or
seek
opioids from other, less reliable, sources — such as street drug
dealers.
Of course opioids bought on the street likely will pose a
greater risk of
damaging a patient’s health than opioids obtained from a physician.
2004 Ron Paul 5:10
Finally, as the Limbaugh case reveals, the prosecution of
pain management physicians destroys the medical privacy of all chronic
pain
patients. Under the guise of prosecuting the drug war, law enforcement
officials
can rummage through patients’ personal medical records and, as may be
the case
with Mr. Limbaugh, use information uncovered to settle personal or
political
scores. I am pleased that AAPS, along with the American Civil Liberties
Union,
has joined the effort to protect Mr. Limbaugh’s medical records.
2004 Ron Paul 5:11
Mr. Speaker, Congress should take action to rein in
overzealous prosecutors and law enforcement officials, and stop the
harassment
of legitimate physicians who act in good faith when prescribing opioids
for
relief from chronic pain. Doctors should not be prosecuted for using
their best
medical judgment to act in their patients’ best interests. Doctors also
should
not be prosecuted for the misdeeds of their patients.
2004 Ron Paul 5:12
Finally, I wish to express my hope that Mr. Limbaugh’s
case will encourage his many fans and listeners to consider how their
support
for the federal war on drugs is inconsistent with their support of
individual
liberty and constitutional government.
Note:
Chapter 4, taken from Congressional Record of February 12, 2004 and dated February 11, 2004, is essentially the same as Chapter 5, as found in Ron Pauls Congressional website, but they have different titles.