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Moses Lake doctor charged

by Chrystal Doucette<br>Herald Staff Writer
| September 26, 2007 9:00 PM

May have contributed to patient deaths

MOSES LAKE - Moses Lake physician David T. Earl had his medical license suspended Monday by the state on charges of over-prescribing medications to several patients.

The suspension comes from the state Department of Health and the Medical Quality Assurance Commission as a condition of filing charges against him, according to information released by the state.

The commission reportedly charged Earl with contributing to the deaths of four patients and allegedly putting other patients at unreasonable risk by over-prescribing medications.

Earl agreed to an interview with the Columbia Basin Herald through his secretary, but only after he confers with his attorney. An interview date was set for after the Herald's deadline.

State Disciplinary Manager Erin Obenland said the commission has several options regarding the case. The commission will decide during a hearing whether Earl receives a fine, his license is revoked, or whether he can practice under certain conditions.

"It just depends on what the findings are at the hearing," she said.

Obenland said Earl has until Oct. 4 to request a prompt hearing. If he makes the request, the date would be Oct. 12. If he doesn't make the request, a hearing date is typically set four to six months after the initial suspension.

The commission alleges Earl prescribed "large and dangerous amounts" of medications to patients and reportedly ignored evidence of patients becoming addicted and abusing the medications, experiencing drug toxicity, or suffering from conditions where the drugs placed them at an increased health risk, according to state Department of Health records.

"If (Earl) is allowed to continue to prescribe unnecessary and excessive prescriptions for narcotics and other scheduled drugs, patients will continue to be placed at unreasonable risk and some may die," the commission states in their suspension order.

Earl reportedly faced trouble before due to his methods.

According to the state's statement of charges, Earl allegedly wrote a prescription for Norco to an undercover agent from the U.S. Drug Enforcement Agency in 2006.

"The agent told (Earl) she did not take the drug for pain or to sleep, but rather because she had been using it for five years and 'just didn't feel good without it,'" the state reported in their statement of charges. "Although (Earl) advised the agent that Hydrocodone would not prove effective over time if the agent took it regularly, and he suggested weaning her off of the medication, he also told that she did not have to stop at that time and that he would help wean her off the drug when she was ready."

During the same visit, Earl allegedly provided the agent with sleep medication and pain medication samples. The agent allegedly did not report sleep problems to Earl and repeatedly stated she was experiencing no pain.

On a subsequent visit three months later, Earl allegedly provided the agent with a new prescription for Norco.

"He also provided her with prescriptions for an anti-depressant … an anti-spasticity/relaxant … and a non-steroidal anti-inflammatory … even though the agent did not report any symptoms which would warrant the use of such medications," state officials listed in the statement of charges.

In 2002, former patient Donald Hicks sued Earl for injuries he claimed resulted from a misdiagnosis, according to the Grant County Superior Court clerk's office. Hicks alleged Earl failed to recommend a cardiac specialist in a timely manner. A judge dismissed the case.

Earl practices medicine from an office at Pioneer Medical Center.

Scott Campbell, Samaritan Healthcare vice president of planning and development, said Earl bought space at the center and is not employed by Samaritan.

"Dr. Earl is not, and never has been, an employee of the district," he said.

The state charging documents are available for viewing in PDF format here.