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At the
two-year anniversary of a federal raid on his office, a Billings doctor
has not been charged with a crime or regained his authority to
prescribe certain medicines.
Federal Drug Enforcement Administration agents executed an
administrative inspection warrant on Dr. Richard A. Nelson's West End
neurology office in April 2005.
They took 72 patient files and suspended Nelson's ability to prescribe
200 medications, including narcotic painkillers. The patient files were
later returned.
Agents apparently suspected Nelson or someone in his office of
diversion, or illegally distributing legal drugs such as prescription
painkillers.
Nelson specialized in treating patients with chronic pain, many of whom
took prescription narcotics.
The DEA has never said what prompted its investigation, but Nelson's
patients and employees, many of whom were questioned by agents, have
said the focus was diversion.
Two years later, the DEA has not been in contact with Nelson, according
to his wife, Jerrie Lynn.
"We haven't heard anything," Jerrie Lynn Nelson said this week.
Nelson petitioned the DEA several months ago to reinstate his
prescription authority but received no response, Jerrie Lynn Nelson
said.
Critics have accused the federal agency of putting physicians who
prescribe narcotic painkillers out of business as a way to justify its
war on drugs.
The president of a national pain advocacy group said she suspects the
government backed away from the Nelson case after realizing the doctor
planned to fight back.
"Whenever it starts to get bad for them, they get uninterested," said
Siobahn Reynolds, who heads up the New York City-based Pain Relief
Network and who traveled to Billings in the wake of the raid on
Nelson's office. "They really only like cases where there's a pushover."
A DEA spokesman declined to comment on the Nelson raid, which was
featured in Time magazine shortly after it happened, saying the agency
does not confirm or deny the existence of investigations.
"I can't even confirm we're investigating this person," said Mike
Turner, a public information officer in Denver.
Charges stemming from DEA investigations generally must be filed within
five years, but all investigations do not lead to charges, Turner said.
"Sometimes an investigation shows there wasn't a crime committed or
determines there's not enough evidence to bring charges against a
person," he said.
Meanwhile, Nelson was seriously injured in a car crash in October.
"He missed a porcupine on his drive in to work one morning," Jerrie
Lynn Nelson said. "He went for a mighty spin and broke his neck."
Nelson suffered a head injury and was paralyzed from the neck down.
Still, his mind is sharp, she said.
Before the crash, Nelson was seeing some patients while his wife
operated an alternative medicine practice out of his office.
"We were making it until he had the accident," Jerrie Lynn said. "We
weren't making it well, but we were making it."
Because he needs to focus his attention on recovery, Nelson changed his
medical license to an inactive status earlier this month, she said.
She continues to see alternative-medicine patients at the Frontage Road
office while caring for him. Friends and other volunteers help Jerrie
Lynn keep an eye on Nelson during the day, she said.
The Nelsons had expected to pay off the practice and retire by now, but
their business took a hit after the federal raid. Many patients had to
find other doctors to refill their prescriptions and left Nelson's
practice.
Contact Diane Cochran at dcochran@billingsgazette.com or 657-1287.
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