Pubdate: Sat, 05 Jan 2013 Source: Albuquerque Journal (NM) Copyright: 2013 Albuquerque Journal Contact: http://www.abqjournal.com/ Details: http://www.mapinc.org/media/10 Author: Astrid Galvan Page: A1 DOCTOR SAYS HE'S BEING TARGETED Physician Under Investigation Says Political Bias Against Pot Hurts Him The Albuquerque doctor who is under investigation and accused of violating the state's medical marijuana program said he has approved more than 1,000 patients for the program - or about 12 percent of those actively participating. Documents released by the state Medical Board on Friday identified the doctor under investigation as Nicholas Nardacci. Nardacci, who goes by "Dr. Nick," said in an interview Friday that he is being unfairly targeted for political reasons. "They're trying to make it hard for doctors to do what I do when it's entirely legal," Nardacci said. "We do everything that's required of a medical practice to evaluate" patients. Nardacci recently filed a lawsuit seeking to block the notice of contemplated action filed by the medical board against him. Discipline could range from a written reprimand to revocation of Nardacci's medical license. While the lawsuit identifies him only as John Doe, the documents the medical board released Friday contained Nardacci's name. The records, which are considered public information, were requested earlier this week by the Journal. The medical board notice accuses Nardacci of violating program regulations by certifying patients for the state's medical pot program without first establishing himself as their primary caregiver, as required by state law. It also says Nardacci practices out of a home that's not zoned for business, and an investigation by the Drug Enforcement Administration in 2005 found the office "falls below the sanitary standards for a physician's office." Nardacci denied in an interview Friday that he has violated any rules and said he does establish doctor-patient relationships. He said his office, on Commercial Street NE off Candelaria NE, is not properly zoned, but he said he's seeking a permit to practice there and that he's willing to move if necessary. He also said the DEA inspection found only minor infractions, for which he received a reprimand. "It never went anywhere. No one's ever lost their license for doing that," Nardacci said. Nardacci's lawsuit asks a state court for a temporary restraining order or injunction preventing the medical board from continuing the process of administrative action against him. Nardacci's attorney argues in the lawsuit that the medical board's claims that he injudiciously prescribed marijuana to numerous patients is improper because Nardacci only approves patients for the programs and doesn't prescribe. A hearing is scheduled Feb. 5, according to the medical board. Nardacci said the lack of support for the medical marijuana program - Gov. Susana Martinez vowed to repeal it when she was elected - is the reason he's being targeted. The program began in 2007 and was approved by the state Legislature. Medical board executive director Lynn Hart said there's no political motivation behind the investigation, adding that the medical board is supportive of the program. She said it is functioning very well and that the board just wants to maintain its integrity. Nardacci, who says he has been practicing medicine in New Mexico for 32 years, maintains that his process for approving medical marijuana patients is rigorous and that he abides by all the rules. "Really, they don't have a legal leg to stand on. But you have to fight," he said. - --- MAP posted-by: Jay Bergstrom