Dr. Earl's license restored

MOSES LAKE — Charges of unprofessional conduct, leveled at Moses Lake physician Dr. David T. Earl, were dropped by the state Department of Health.

The agency dismissed charges accusing Earl of committing unprofessional conduct in his prescription practice and restored his medical license to allow him to practice medicine again, according to the Department of Health and the state Medical Quality Assurance Commission.

“I am very pleased with the outcome,” Earl stated. “I look forward to continuing to take care of my patients. I have always provided the best possible care to my patients. I have no doubt these charges would be dismissed. I remain saddened by the deaths of the patients in this matter.”

Earl’s attorney, Steve Lamberson, stressed the findings by state agencies indicate Earl’s innocence.

“The commission also found that Dr. Earl didn’t cause or contribute to the deaths of some of these patients, that Dr. Earl did not place these patients at an unreasonable risk of harm and that his license has been restored to full practice,” Lamberson said.

The Department of Health announced the suspension of Earl’s license in September 2007, accusing the physician of contributing to the deaths of four patients and improperly medicating five others, placing them at risk.

At the time the charges were filed, the state claimed Earl reportedly provided excessive amounts of medications to patients, ignored evidence of patients becoming addicted to or abusing medications, or experiencing drug toxicity and for allegedly placing patients at an increased health risk.

His ability to practice medicine was reinstated in December 2007. At the same time, a restriction prevented Earl from providing patients with controlled substances or supervising physician assistants.

The dismissal of charges allows Earl to practice as a physician and surgeon in Washington.

“Obviously he’s very pleased, and his patients are pleased that he’s caring for them in the same caring, compassionate and competent way that he has been,” Lamberson said.

As part of the final order, Earl was reprimanded for not signing prescriptions for two patients during his restriction, and for failing to meet record-keeping requirements.

Lamberson said reprimands are the commission’s least severe penalties.

“They were for very technical and small record-keeping issues back in 2004, and then (the) writing of two, just two, prescriptions for medication,” Lamberson said. “Again, these reprimands were not for anything specifically related to patient care.”

Lamberson said Earl put strict protocols in place so that he did not write prescriptions for controlled substances.

The state noted that in the time frame investigated, Earl cared for about 2,500 patients. Of the total, Earl claimed between 20 and 30 patients were chronic pain patients.

The cases of seven chronic pain patients were included in the investigation. The state concluded in all cases that Earl’s treatment was not below Washington state’s standard of care. In the case of patients who died, the state concluded Earl did not contribute to their deaths.

“The Respondent is trained in, but is not board certified in, the area of internal medicine. The Respondent’s actual practice is best described as a small-town general medical practice,” the state noted in its final order.