Pubdate: Fri, 23 Aug 2013
Source: Albuquerque Journal (NM)
Copyright: 2013 Albuquerque Journal
Contact:  http://www.abqjournal.com/
Details: http://www.mapinc.org/media/10
Author: Colleen Heild

POT DOC 'LIKELY TO HARM PUBLIC'

Medical Board Orders Competency Evaluation for Suspended Physician

The state Medical Board concluded in a written decision this week 
that an Albuquerque physician who screened an estimated 1,000 
patients for medical marijuana use exhibited conduct likely to harm 
the public, had been dishonest and "injudiciously authorized" 
patients to obtain controlled substances.

The board last week suspended Dr. Nicholas Nardacci and ordered him 
to obtain a professional competency evaluation. The board issued a 
written decision on Tuesday.

Nardacci, meanwhile, told the Journal that he had been confused when 
he testified at a disciplinary hearing in April that he certifies 98 
percent of the people who seek to use medical marijuana for 
debilitating illness or pain.

Nardacci said in an email that he actually "turns away" about 33 
percent of the people seeking certifications. He said the board's 
hearing officer backed him up.

Hearing officer John Appel remarked in a footnote in a 40-page report 
to the medical board that he believed Nardacci was "justifiably 
confused" when he testified at the April disciplinary hearing about 
the percentage of people he recommends for the program.

Appel wrote that he believed Nardacci was referring to how many of 
his certifications ultimately won final approval from officials at 
the state medical cannabis program.

"You make it sound like I accept anyone who walks in the door," 
Nardacci said in an email to the Journal.

Nardacci has denied any wrongdoing and contended he had immunity from 
board action under the state's medical marijuana law.

An expert witness for the board concluded that some patients Nardacci 
certified weren't eligible for the program.

Other allegations contained in a notice of contemplated action filed 
by the board in February involved Nardacci's shooting blanks from a 
shotgun near the relative of a former girlfriend; allegedly seeing 
patients while under the influence of medical marijuana (which he is 
approved to use); and failing to report on a medical license renewal 
that he had been investigated by the U.S. Drug Enforcement 
Administration in 2007.

The written decision by the board didn't offer details in concluding 
that Nardacci violated six provisions of the state Medical Practice Act.

Those provisions, according to the decision, include using a 
fraudulent statement in his license renewal form; conduct likely to 
harm the public; "injudicious prescribing, to wit, authorizing 
patients to obtain dangerous and controlled substances from a 
dispensary in a manner inconsistent with sound medical ethics"; 
conduct unbecoming in a person licensed to practice or detrimental to 
the best interests of the public; unprofessional or dishonorable 
conduct, defined as violating a narcotic or drug law, and a board 
rule involving "dishonesty."

98 Percent

The board issued its decision after accepting the hearing officer's 
report last week.

According to a transcript of the April 23 disciplinary hearing, 
Nardacci was asked by board prosecutor Dan Rubin, "How many people 
have you turned away or refused to certify?"

"... I have a very high rate. I'll bet it's - I'll bet it's 98 
percent get approved," Nardacci testified.

"So 98 percent of the people that come to you for certification you 
approve," Rubin asked.

"That's right," Nardacci said. Rubin later rephrased his question, 
asking, "So, about 98 percent of the people who come to you for 
medical marijuana certifications, you do, in fact, certify?

"Very high - very high number," Nardacci replied.

Appel advised the board to discount that answer, saying it appeared 
Nardacci "was justifiably confused as to the meaning of the 
administrative prosecutor's question."

In his subsequent email to the Journal, Nardacci elaborated: "I was 
confused by the prosecutor's question, thinking he meant of those I 
qualify versus the total of those who want to be certified."

The board's order on Tuesday said that, after the competency 
evaluation, Nardacci can submit a plan to the board for a restricted 
license if he is supervised by another physician.

His attorney, Paul Livingston, has said he planned an appeal.

Meanwhile, Dr. Steven Rosenberg, who was the board's expert in the 
case, has been hired as the medical director of the state medical 
cannabis program.

Rosenberg will work part-time for the state and continue in his 
private practice.

"All patient applications that include his signature or related 
medical records will be reviewed by another Department of Health 
doctor, said Kenny Vigil, spokesman for the state Department of Health.
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MAP posted-by: Jay Bergstrom