Could your patient be an undercover DEA agent? →

In 2023, I lost two dear physician friends. To overzealous DEA agents.

Michelle, a stellar emergency physician with well-treated depression/ADHD for 20 years couldn’t find anyone to continue her meds when her doc retired. Depressed, she shot herself Christmas Day.

Randy could have saved Michelle. But he was in prison for prescribing the meds Michelle needed to undercover DEA agents.

Michelle Fernandez MD Randy Lamartiniere MD

Physician entrapment is the act of tricking a doc into committing a crime to secure prosecution.

Thirty years ago, we were trained to treat all pain.

“In the mid 1990s, certain pharmaceutical companies funded non-profit organizations focused on pain management, which led to the belief that the medical community was undertreating chronic pain . . . the Federation of American Medical Boards urged medical societies to punish prescribers who undertreated pain.”

In 1999, my own Oregon Medical Board was first to discipline a doctor for not prescribing pain meds. Now docs are in prisdon for treating pain.

In 2015 Randy attended my launch your ideal clinic seminar. An internist who left big-box medicine to care for elders, Randy celebrated his new clinic at our May retreat.

Weeks prior, undercover DEA agents began visiting his clinic. Matthew Dixon and Craig Crawford saw Dr. Randy Lamartiniere for nine separate visits April to September 2015. See USA vs. Lamartiniere.

7 tips your patients may be undercover DEA agents

DEA agents often:

1) Use slang.

“I’ve gotten a ‘couple of roxies’ from my friend that made me feel good.” ~ DEA Agent Crawford

Doc Randy replied: “Do you have any history of drug abuse? Your symptoms are really not something that any doctor should prescribe a major narcotic for.”

2) Take friends’ meds.

“I took some of my coworker’s ‘addies’ to help me stay awake.” ~ DEA Agent Dixon

Doc Randy: “Taking Adderall for that purpose is illegal and using Adderall to stay awake is non-indication for adult ADD.”

3) Claim a doc prescribed med in past.

“But another doc gave me ADD meds when I had trouble focusing.” ~ DEA Agent Dixon

Randy sought other solutions before reluctantly prescribing Adderall 20 mg.

4) Fill meds out of state.

“I filled my prescription in Texas.” ~ DEA Agent Dixon

“I filled my prescription in Mississippi.” ~ DEA Agent Crawford

Randy: “Louisiana’s PMP shows no record of you filling my last prescription. I can only give you one more prescription unless you return with records confirming you filled your prescription . . . they’re using people like you to catch doctors like this, so that’s why I have to be careful. I also need you to get an MRI of your back.”

5) Say prescription was stolen.

“I need another prescription because a guy stole mine.” ~ DEA Agent Crawford

Randy: “The only way to get another prescription would be to have a police report, but it is hard to get police to write reports on stolen drugs because they know that some people will use that to get more medication.”

6) Run out of meds early.

“I haven’t taken the meds you prescribed in several weeks because I ran out.” ~ DEA Agent Dixon

Randy: “I’m going to drug test you in order to ensure prescriptions are not being diverted. Unfortunately they treat doctors like they’re supposed to be detectives these days. They can take licenses away.”

7) Beg for higher doses.

“Do you have anything stronger that would last longer?” ~ DEA Agent Crawford

Randy: “Problem is all these pain medicines are addictive and people develop a tolerance to them which is especially concerning for someone that’s not really in a lot of pain as you said. . . . You must sign a pain management agreement or I’m not be able to continue prescribing your meds.”

Despite his hesitation, Randy prescribed Percocet 10 mg #90.

Never prescribe controlled substances to DEA agents.

Randy hoped to see a mix of elder patients for $100/month in his clinic. [Note: his cheap flat monthly fee ensured he was not earning money per visit or per prescription]. Because boards were sanctioning docs prescribing controlled substances, Randy got an influx of discarded patients. Within a year, he had 250 patients, eighty percent abandoned by other docs.

Many docs now refuse “high-risk” patients. To avoid entrapment, a few choose not to renew DEA licensure.

One pain patient testified Randy was “one of the hardest pain doctors” from whom to obtain narcotics.

So was Randy running a pill mill? Or was he too kind to deceptive DEA agents?

Randy reminds me of my dad. Both old-school docs upholding their oath to soothe pain of all who suffer. Like Randy, Dad even “lent” patients bus money. Had DEA agents visited my dad, I’m sure he’d be in prison too.

Randy’s not a street-smart police officer. No doctor is. Yet people-pleaser docs must think like cops when caring for undercover DEA agents.

 

I just mailed Randy a letter. Want to check up on him? Here’s his address and inmate number:

Randy Lamartiniere, MD
Inmate Number 09020-095
FCI Seagoville
Federal Correction Institution
P.O. Box 9000
Seagoville, TX 75159

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More than 1 million Americans lose their doctors to suicide →

Ripple effect of ONE doctor suicide. How many people are left behind . . .

Doctor Suicide Loss Survivors

Two weeks before her son was born, my physician friend’s obstetrician killed himself. Left behind his wife, three kids, and my friend.

Eighteen years later, she still grapples with why.

Today a widow writes me:

“How do I stop carrying the guilt of this loss? Of not noticing the signs? It is killing me. I am slowing deteriorating. My husband, a beloved pediatrician of 45 years, killed himself by firearm in our home. I don’t know how I failed to see the signs that he was struggling mentally. I have not been able to find any peace or purpose.”

Three years after his suicide, she still grapples with why.

Since 2012, I’ve received hundreds of letters asking me to explain why a specific doctor chose suicide. I’ve categorized my responses in Physician Suicide Letters—Answered (free audiobook).

In the book, a patient shares the loss of her small-town Washington obstetrician/gynecologist:

“I am still in a state of shock hearing that my brilliant, loving, compassionate, successful, well-respected, honest, hard-working physician committed suicide this past week. Pressure from the changing medical community and insurance [system] had forced him to close his thirty-year practice and he went home and shot himself in the head. The letters keep coming in of how many people loved him, were healed by him, and admired him. What a tragic end to a successful career. He was the best of the best, surgeon and specialist, nice home, nice family and now he is gone. Everyone is asking why. ”

A year later, she writes me again:

“Recently I made an appointment with one of his associates for my yearly exam and am hoping that perhaps she will be able to shed some light and help me understand why . . .”

Today, eleven years after his suicide, she still grapples with why.

Why would a doctor who took an oath to save lives, kill a life? Why didn’t I see the signs? Why can’t I stop asking why?

Perpetual whys lead to prolonged grief, anxiety, depression, even suicide (often by the same method) in hopes of reuniting with the deceased to finally understand why.

To prevent future suicides we must support loss survivors. One way is to answer the perpetual why. Suicidologist Edwin Shneidman coined postvention as prevention of the next generation of potential suicides.

In 1973, Shneidman stated one suicide greatly impacts six people. His focus was on family members; however, 2019 data reveals one suicide impacts 135 people.

Loss survivors after a doctor suicide are exponentially higher.

Suicide loss survivors are all who knew the person or were exposed to the suicide.

One doctor suicide leaves not only 135 friends and family, but many thousands of grief-stricken patients.

Exact numbers depend on specialty and patient panel.

A patient panel is an economic term for the number of unique patients seeing a doctor in past 18 months; however, that’s an underestimate of loss survivors since patients who’ve not been seen for years may still feel great loyalty to their doctor.

In 2012, average US family physician patient panel was estimated at 2,300 and increasing.

Ten years earlier as a family physician employee, I cared for a patient panel of 3,000. Had I died by suicide, I’d leave 3,000+ patients and 135 family/friends. My loss survivors: 3,135+

In 2021, I led a postvention at a Memphis orthopedic clinic after their founding physician’s suicide. He had a patient panel of 7,100+. Including family/friends, his loss survivors: 7,235+

Loss survivors for obstetricians are even higher. Some deliver 10,000+ babies in their career. One doc delivered 40 babies monthly, 14 in one day. The small-town Washington obstetrician/gynecologist in my book delivered 6,000+ babies. Add the mothers and that’s 12,000+ loss survivors (not including his non-obstetric gynecology patients). Add 135 family/friends and the low-ball loss-survivor estimate: 12,135+

In 2014 curious about the total number physician suicide loss survivors, I multiplied 400 US physicians who suicide annually by 2,500 (family doc panel guesstimate).

The result: 1 million Americans lose their doctors to suicide every year.

Shocking that 1 million is still an underestimate. Adding specialist loss survivors to the mix may exceed 2 million.

Last week I led a small physician retreat on the Oregon Coast to discuss how we might stop doctor suicides. Walking along a desolate stretch of beach, we asked a couple to take our photo. When questioned why we were visiting, we shared our intention to end doctor suicides. Married 58 years, he and his wife were vacationing from a small town in Washington.

“I know a doctor who died by suicide in your town,” I shared. “ An obstetrician.”

Tears welled up in her eyes as she replied, “He was my doctor.”

💔

Special request: If you’re a doc, please share the number in your patient panel in comments. All these people would surely miss you! Need help? Join our confidential peer support.

Video from our retreat to end doctor suicide

Pamela Wible, M.D., is a suicidologist who runs a free doctor suicide helpline. She investigates doctor suicides and eulogizes victims to ensure their lives are celebrated. Dr. Wible performs psychological autopsies and provides postvention crisis support at hospitals and clinics to prevent future suicides.

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Copycat Suicide to Copycat Savior →

People imitate people.

More than 1,600 people have died by suicide by jumping off the Golden Gate Bridge. Harold Wobber was the first known suicide—1599+ people copied him.

Cassie Bond of Spokane, Washington (copying Paige Hunter of UK) is preventing suicides from a bridge in her town.

Rather than copying suicides, Cassie copied lifesaving interventions. Now Timothy Irwin is copying Cassie’s methods.

“I’m tired of being lonely. Having thoughts about jumping off.”

Timothy has battled significant tragedy in his life. He wanted to die by suicide by jumping off the Monroe Street Bridge.

Something stopped him in his tracks.

“Every 10 feet there was an encouraging message. Wow! Whoever wrote these down . . .”

That person is Cassie Bond wanting to prevent suicide. Every message positive and loving.

Cassie reached out to Timothy on Facebook as soon as he posted about his experience.

“I’m really proud of you for not jumping.”

He’s doing what he can to help her mission to help those who have struggled just like him.

Keep striving. I don’t ever want you to give up.

Now we’re helping more than 100 doctors copy their methods to prevent suicides.

We can all be copycat saviors! 

(You don’t need a medical license to save a life 💕)

If you want to join our Summer Suicide Science Project competition (prizes for everyone), view video below & contact Dr. Wible. We CAN end doctor suicides!

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Medical Malpractice & Doctor Suicide →

I lost several physicians to suicide amid medical liability cases (even frivolous ones!). Doctors are human and we can make mistakes that are not intentional. Sadly, physicians (and patients) are harmed by the current legal model. We can and should do better. I’m working on an innovative new way to handle medical mistakes outside of the legal system. More news coming soon!

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Physician Fitness For Duty Exams—Protecting Your Rights →

What would you do if your hospital, employer, or medical board mandates a FFDE (Fitness For Duty Exam)? Kernan Manion, M.D., (Center For Physician Rights) shares his wisdom.

Understanding FFDEs and Protecting Your Rights

Top 10 Takeaways:

1. FFDEs should be limited in scope, focusing on specific job-related concerns
backed by objective evidence of deficient performance or safety issues.

2. Under ADA, FFDEs must be related to your job performance and consistent
with business necessity.

3. Employers and medical boards must engage in an interactive process
with the physician to explore potential mitigations and reasonable
accommodations before reflexively resorting to a mandatory FFDE.

4. The “potential for impairment” due to a disability is not the same as actual
impairment and should not be the sole basis for ordering an FFDE.

5. Physicians have the right to know the reason for the FFDE, discuss the limited
scope and desired outcome, and clarify confidentiality parameters.

6. The FFDE evaluator should be an impartial entity qualified to conduct an FFDE
and knowledgeable about ADA and the physician’s specific job functions.

7. Physicians have the right to contest the FFDE, obtain an independent opinion,
and receive a copy of the FFDE report.

8. If the FFDE reveals a disability as a contributor to the alleged impairment, the
employer or medical board must engage in the interactive process to
determine possible mitigations and reasonable accommodations, unless it
causes the employer undue hardship.

9. Physicians subjected to discriminatory or unfair practices during the FFDE
process may have legal recourse under ADA.

10. Seeking guidance from an attorney knowledgeable in ADA law as well as
employment law or professional license defense, and having a good
understanding of one’s rights are crucial when facing an FFDE or dealing with
potential disability discrimination in the workplace.

The importance of understanding the legal and ethical aspects of FFDEs, being
proactive in asserting your rights under ADA and other laws, and seeking
appropriate support and guidance throughout the process cannot be overstated. By
keeping these key points in mind, you can better navigate the challenges of an FFDE
and ensure that your rights are protected.

11 action items and key questions to ask amid a mandatory FFDE

1. Ask the referring entity (medical board or hospital) to clearly state the specific
concerns they have about your performance and how it may be related to a
suspected disability.

2. Request information about intended scope of FFDE and ensure it is
limited to assessing job-related concerns only.

3. Inquire about qualifications of the FFDE evaluator and their knowledge of the
ADA and your specific job functions as well as their impartiality. Ask whether you
can obtain an independent evaluation and, if not, why not.

4. Ask whether you will receive a copy of the FFDE report and if you will have the
opportunity to review and respond to its findings.

5. Discuss confidentiality parameters and who will have access to FFDE results.

6. Request information about the desired outcome of the FFDE and any potential
consequences for your employment or medical license.

7. Ask if a discussion about possible mitigation and reasonable accommodations
will be considered before requiring your FFDE, and how they plan to
engage in the interactive process to explore such accommodations.

8. Document a recap of all discussions and interactions you have with any
of these parties, dating each new journal entry.

9. Gather all documentation (and if relevant, medical records) that may
support your ability to perform your job functions safely and effectively.

10. Seek peer recommendations of attorneys knowledgeable in ADA law to
understand your rights amid a mandated FFDE and develop a strategy
for protecting those rights throughout the FFDE process.

11. If you believe the FFDE is discriminatory or unjustified by objective evidence,
consider filing a complaint with Equal Employment Opportunity Commission
(EEOC) or state fair employment practices agency.

By proactively asking these questions and taking these actions, physicians can better
understand the FFDE process, assert their rights, and protect themselves from
potentially harmful disability discrimination. It’s vital that you approach this challenge
with an awareness of potential dangers and a clear understanding of your legal
rights, and to seek appropriate support and informed guidance to navigate the
complexities of a mandated FFDE.

Need help navigating your FFDE? Contact Dr. Manion or get weekly support.

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