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.
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MAP posted-by: Jay Bergstrom