California bill calls for physician review of prescribing patterns

Prosecutors oppose legislation to allow doctors to examine evidence against doctors before an arrest is made.

By Andis Robeznieks, AMNews staff. July 19, 2004.

Stories of doctors being the subject of showcase arrests because of their prescribing volumes have made the medical community uncomfortable, but when two of these arrests occurred in the far northern California district of state Sen. Sam Aanestad, DDS, he decided to do something about it.

Dr. Aanestad introduced the Medical Crimes: Investigations and Prosecutions bill endorsed by the California Medical Assn. The bill calls for a physician review of a doctor's prescribing patterns before an arrest is made and also for the timely return of any medical records seized during an investigation.

"He doesn't believe law enforcement should be involved in dictating the standards of care in a developing field of medicine," said Dr. Aanestad's chief of staff, Brett Michelin.

The bill, which passed the Senate by a 33-1 vote, is also supported by the Medical Board of California. It is opposed by the California District Attorneys Assn.

Calls to the California District Attorneys Assn., the Los Angeles district attorney and the Shasta County district attorney were not returned.

An analysis of the bill prepared by the California Assembly Committee on Public Safety's staff stated that opponents objected to the time and cost associated with complying with the bill. The staff also believed it would encroach on the independent judgment of prosecutors and would establish physicians as a special class of defendants.

They asked: If doctors were allowed a special review of their cases, would attorneys, accountants and other professions soon demand the same?