Article - August 9, 2008 - In-Forum

Lee won't contest losing ND license

By Kelly Smith and Erin Hemme Froslie

The Fargo physician whose license was suspended last month on charges of improperly dispensing narcotics and unethical billing practices has agreed to have his North Dakota medical license permanently revoked.

However, it’s unclear what action the North Dakota Medical Board of Examiners will take.

Dr. Rodney Lee announced in a Thursday letter to a judge who will preside in his licensing hearing Wednesday that he won’t appear to contest the complaints made against him.

The single allegation he doesn’t agree to, his lawyer writes in the letter obtained by The Forum on Friday, deals with the “prescription, sale, administration, distribution or gift of any drug legally classified as a controlled substance.”

Lee did prescribe “narcotic and addictive controlled substances for many patients complaining of chronic pain,” says his attorney, John Goff, who adds Lee did that “based upon sound medical judgment and only for therapeutic purposes.”

“Dr. Lee does, however, readily acknowledge that some of those patients may have, and probably did, use the controlled substances in ways that were not intended by Dr. Lee, and may, in fact, have redistributed or resold the controlled substances to others,” Goff writes.

In the same letter, Lee says he won’t contend complaints that he:

• Engaged in conduct that is dishonorable, unethical or unprofessional, and that is likely to deceive, fraud or harm the public

• Continued a pattern of inappropriate care

• Was paid directly or indirectly for medical services not personally rendered by a physician

• Lacked appropriate documentation and medical records for diagnosis, testing and treatment of patients

• Failed to properly monitor a physician assistant.

Lee’s letter, though, may not influence what the judge decides and will not preempt Wednesday’s hearing in Bismarck, said Duane Houdek, executive secretary and treasurer for the state medical board.

“It’s not a matter of us agreeing to anything,” Houdek said, in reference to the letter. “If he’s not contesting it, the judge will look at the evidence we have. We have to present sufficient evidence that the allegations in our report are supported by facts. And that’s what we intend to do.”

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