Pubdate: Fri, 30 Jan 2004
Source: Tucson Citizen (AZ)
Copyright: 2004 Tucson Citizen
Contact:  http://www.tucsoncitizen.com/
Details: http://www.mapinc.org/media/461
Author: Anne T. Denogean
Bookmark: http://www.mapinc.org/find?136 (Methadone)
Bookmark: http://www.mapinc.org/oxycontin.htm (Oxycontin/Oxycodone)

LOCAL DOCTOR PLEADS GUILTY IN CASE TIED TO PAIN DRUGS

Dr. Jeri B. Hassman admitted in court she failed to report to law
authorities four patients who obtained OxyContin and methadone by fraudulent
means.

A Tucson doctor facing 320 federal charges related to improperly
prescribing pain medication pleaded guilty yesterday to four charges
of accessory after the fact to the possession of controlled substance
by fraud.

Dr. Jeri B. Hassman, a pain specialist, admitted before Judge David
Bury in U.S. District Court that she failed to report to law
enforcement four patients in 2001 and 2002 who obtained the powerful
painkiller OxyContin and methadone by fraudulent methods.

The charges involved a woman who took possession of her husband's
OxyContin after he died, a patient who stole OxyContin and methadone
from two of Hassman's other patients, a patient who took delivery of
an OxyContin prescription intended for his recently deceased father
and a patient whose nephew took her recently filled OxyContin
prescription.

According to the plea, Hassman was informed of these illegal
diversions and didn't report them to authorities.

Her sentencing is scheduled for April 8.

Under her plea agreement the possible sentences range from probation
to six months' incarceration.

Hassman's lawyer, A. Bates Butler III, said after the hearing, "I
don't think many physicians are under the impression that it's a crime
for them not to report a patient to law enforcement for taking someone
else's medications."

Hassman was indicted last March.

She passionately proclaimed her innocence in a news conference last
year, but took the plea because "given what she was charged with, it
was a hell of a deal," Butler said.

Hassman continues to practice medicine.

Butler said he doesn't anticipate the Arizona Medical Board, which is
investigating Hassman, will take her license based on the conviction.

Butler said he expects Hassman to sign a "consent decree," which is
similar to a plea agreement, with the board before her sentencing on
the federal conviction.

Dr. Jane Orient, a supporter of Hassman, said charges never should
have been brought against Hassman.

If the federal government is worried about drug diversion, it should
go after the diverters and "the fake patients who exploit doctors,"
she said.

It should let the doctors know about these patients, rather than
setting up them up, she said.

In a case involving another Tucson physician, Dr. Bradley A. Schwartz
signed a plea agreement Dec. 23 in which he pleaded guilty to two
federal felony charges of conspiracy to fraudulently obtain Ritalin
and Vicodin, respectively, drugs to treat attention deficit disorder
and pain.

The offenses took place between June 15, 2000, and Aug. 25, 2001, and
involved about 4,800 pills.

The drugs were for his use, court records indicate.

The plea, however, has a one year "consideration period" before being
accepted.

At that time, if Schwartz hasn't violated any laws and has met other
terms of the agreement, he will be allowed to withdraw his guilty plea
and the indictment will be dismissed.

Schwartz, a pediatric eye doctor, faced 77 drug-related counts when
indicted in September 2002.

The Arizona Medical Board censured him and put him on probation in
October 2003.
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MAP posted-by: Larry Seguin