Pubdate: Fri, 19 Apr 2002
Source: Shelby Star, The (NC)
Copyright: 2002sThe Shelby Star
Contact:  http://www.shelbystar.com/
Details: http://www.mapinc.org/media/1722
Author: Barry Smith

STATE BOARD SUSPENDS LICENSE

RALEIGH - Dr. Joseph Talley will not be able to practice medicine in North 
Carolina for at least 12 months.

The N.C. Medical Board on Thursday suspended the Grover family doctor's 
license following an emotion-packed afternoon of testimony by doctors and 
some of Talley's patients.

"It is the decision of the medical board that Dr. Talley's license be 
suspended indefinitely for a minimum of 12 months," announced board 
President Dr. Walter J. Pories.

Immediately after the decision was announced, Talley stood and spoke to his 
lawyer, Robert M. Clay of Raleigh. They then went back to another room. Tom 
Mansfield, an attorney for the medical board, offered to shake Talley's 
hand as they passed each other, but Talley did not offer his hand in return.

Shortly afterward, Talley left the building, greeted and thanked his 
patients and well-wishers who made the trip to Raleigh to support him.

"I'm disappointed with their verdict," Talley said. He said he now plans to 
spend time with his family.

"I've been negligent about one thing, and that's my own family," he said. 
He said he has not had time to think about whether he will appeal the 
board's ruling.

The ruling means that Talley's license will be suspended for at least 12 
months. After that time, he can apply to the medical board for 
reinstatement, said Dale Breaden, a spokesman for the medical board.

Mansfield said he could not comment on the board's ruling.

Clay said he was disappointed in it.

"I had hoped for much less in the way of his suspension," Clay said. "This 
is a sad day for Dr. Talley and his patients." He said that he did not know 
whether he would recommend that Talley appeal the ruling.

The medical board, following a three-day hearing last month, ruled that 
Talley deviated from the acceptable standard of care for a number of his 
patients by failing to perform adequate physical examinations, failing to 
perform follow-up physical examinations, failing to inquire during each 
patient visit whether patients received medications from other doctors or 
other sources and failing to adequately monitor patient compliance with his 
prescription drug regimen.

The board also found that he deviated from standard practices by 
stockpiling the drug commonly called Fen-Phen from his patients for his own 
use after the drug had been taken off the market.

The federal Drug Enforcement Administration has already suspended Talley's 
privileges for prescribing controlled substances and linked the doctor to 
23 overdose deaths.

Thursday's ruling came after almost four hours of arguments and testimony 
from doctors, patients, friends and widows of former patients about what 
Talley's punishment should be.

One witness, the widow of one of Talley's patients, testified behind closed 
doors. Another witness was Fayleen Huffstetler of Cherryville, a former 
patient of Talley's and the widow of another patient of Talley's. Ms. 
Huffstetler's husband died from a drug overdose.

Board attorney William Breeze asked Ms. Huffstetler how encounters with 
Talley had affected her family.

"I would say they were shattering," she responded.

Ms. Huffstetler, who previously admitted that both she and her husband were 
drug addicts, was asked to give her opinion about what the board should do 
about Talley.

"If Dr. Talley helped 100 patients and then he caused one death by 
negligence - not asking him any questions on that last day - what would you 
do?" she said rhetorically.

Denise Cooper, executive director of Cleco Primary Care Network, said that 
if Talley were to lose his license, her organization would accept Talley's 
patients. She said CLECO operates clinics in Cleveland, Gaston and 
Rutherford counties.

Under cross-examination by Clay, Ms. Cooper said that doctors at one of the 
CLECO clinics would likely refer some pain patients to pain clinics.

However, Dr. Jack D. Williams, a retired head and neck surgeon from Shelby, 
said he did not think that Talley should lose his license.

"I do think he needs to keep his license," Williams said.

Williams said he has known Talley for years.

"Through the years, we would refer patients to each other," he said.

He noted that a lot of Talley's patients came to his defense after reports 
of his problems were published.

"When this issue made the papers, almost daily there were letters 
supporting Dr. Talley, and they were passionate letters."

Dr. Alan Spanos, a Chapel Hill physician who specializes in the treatment 
of chronic pain, testified that Talley should be allowed to keep his 
license but should list the steps Talley should take to correct problems.

"It will be quite easy to verify whether he brings his practice up to the 
standard of care," Spanos said.

Talley's patients also said that he should be allowed to keep his license.

"I have a much better quality of life because of Dr. Talley," said Robin 
Whisnant Heath of Shelby, who has been a patient of Talley's for 12 years. 
She said that Talley had treated her for back pain and made her able to 
raise a physically challenged daughter.

The Rev. Ronald T. Bernier of Missouri testified that he had twice 
considered committing suicide before being treated by Talley for migraine 
headaches and back pain.

"My life had ceased," he said. "At one time I had put a gun in my mouth .. 
If you pull Dr. Talley's license, the suicide rate is going to skyrocket."

Talley himself said his career had already been damaged. "The damage is 
already done," he said. Talley added that taking his license would "send an 
even more chilling message to all the other doctors in this state who feel 
compassionate to people who are feeling pain."

In closing arguments, Clay encouraged the board to effectively give Talley 
a suspended sentence on the condition that Talley meet certain conditions 
related to patient care.

"Joseph Talley is not a man who is lacking in intelligence," Clay said. "He 
would have complied with whatever the board asked him to do.

"It seems to me that the evidence that you have heard is that Dr. Talley 
has done a lot of positive good."

He said that Talley had periodically informed the board about his pain 
management techniques and had asked the board to tell him if he was doing 
anything wrong.

Clay also said that Talley was complying with a board position statement on 
the treatment of chronic pain. That position said that doctors should not 
fear reprisals from regulators for prescribing opiates.

But Mansfield argued that the board should revoke Talley's license.

"This case is not a referendum on pain management," Mansfield said. "This 
is a case about basic medicine."

"In light of Dr. Talley's reckless indifference to the standards of North 
Carolina, I ask that you revoke his license."

He said that Talley had been defiant and that he did not believe setting up 
conditions for him to keep his license would be a good idea.

"He specifically says that he will not apologize," Mansfield said. "It is a 
tremendous predictor of his return to practice."

Dr. Bob Crummie, a Rutherfordton psychiatrist who had earlier testified on 
Talley's behalf, called Thursday's ruling "very cowardly."

"I think it has set medicine back in North Carolina at least 10 years," he 
said.

Jay Whitmire of Conover, who testified that Talley had treated his wife for 
migraine headaches, said he expected such a ruling.

"I think they had fully intended on revoking his license," he said, but 
Whitmire said the support shown Talley by his supporters caused them not to 
do so.
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