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Dr. Phillip D. Foley is surrounded by some of his patients before the start of a hearing before the Indiana Medical Licensing Board in Indianapolis, Thursday, Oct. 22, 2009. Foley is accused by state officials of writing painkiller prescriptions that caused or contributed to the overdose deaths of nine patients. The state attorney general's office is seeking a 90-day suspension of Foley's license, calling him a "clear and immediate danger" to public safety. (AP Photo/Michael Conroy)
Michael Conroy / Associated Press


Dr. Phillip D. Foley is hugged by one of his patients, Debra Harple, before the start of a hearing before the Indiana Medical Licensing Board in Indianapolis, Thursday, Oct. 22, 2009. Foley is accused by state officials of writing painkiller prescriptions that caused or contributed to the overdose deaths of nine patients. The state attorney general's office is seeking a 90-day suspension of Foley's license, calling him a "clear and immediate danger" to public safety. (AP Photo/Michael Conroy)
Michael Conroy / Associated Press


THB photo/Richard Sitler 2/16/09 NEWS Takin' it to the Street Beat Radio Reality Show with cohosts James Burgess and Justin Schneider aired from the Middletown Medical Clinic Monday. Phillip D. Foley, M.D. of the clinic spoke about healthcare issues.
Richard Sitler / The Herald Bulletin


Published October 23, 2009 08:47 am - Middletown Dr. Phillip D. Foley’s license was suspended Thursday after regulators ruled him a clear and present danger for prescribing narcotics that the state says contributed to the deaths of nine patients. The Indiana Medical Licensing Board unanimously voted to suspend Foley’s license for 90 days.


Dr. Foley stripped of his medical license
Hearing will be set to revoke license of Middletown doctor

By Dave Stafford, Herald Bulletin Staff Writer

INDIANAPOLIS­ — Middletown Dr. Phillip D. Foley’s license was suspended Thursday after regulators ruled him a clear and present danger for prescribing narcotics that the state says contributed to the deaths of nine patients.

The Indiana Medical Licensing Board unanimously voted to suspend Foley’s license for 90 days — an emergency step that Deputy Attorney General Michael Minglin said would be followed up with a hearing to revoke the license. A date for that hearing has not been set.

Foley boycotted the hearing on the advice of his attorney, who also did not attend.

Before the hearing began, Foley held court outside the room in the state office building hallway, surrounded by dozens of patients, supporters, staff and reporters.

“These people are so dead-set about taking my license that they don’t care about these people,” Foley said.

“It’s a distortion,” he said of the case against him.

Asked about his decision not to attend his hearing, Foley said, “Why go in and be beat down and berated and go through a bunch of frustration?”

Inside the hearing room, the state introduced as its only evidence the medical records and pathology reports on nine patients, identified only by their initials, who died over the last five years after receiving painkillers from Foley.

Minglin called only one witness, Dr. W.S. Minore, a pain-management doctor from Rockford, Ill. Minore was hired by the attorney general’s office to review the records of those who died.

“He was super-therapeutic and toxic,” Minore said of one of Foley’s patients who had been prescribed a “cocktail” of the narcotics Vicodin, Xanax and Soma. He said pathology reports found the patient had five times the therapeutic level of Vicodin in his system.

Case by case, Minore testified that Foley and his staff had failed to properly examine or screen patients before prescribing painkillers. In many cases, he said no non-narcotic medications were prescribed that he said would have been more beneficial. In some cases, Minore said that Foley continued to prescribe medications after overdoses.

“In my review of the records, I could not understand why patients were being prescribed (what) they were being prescribed,” Minore told the board. He said Foley prescribed short-acting, addictive medications for people with chronic pain conditions.

The board suspended Foley’s license after it rejected his request to unconditionally surrender it. Minglin told the board that allowing Foley, 73, to surrender his license would not have barred him from seeking a license in another state.

“The facts laid out today during the hearing clearly indicate that lives were at risk and an emergency suspension of Dr. Foley’s medical license was necessary,” Attorney General Greg Zoeller said Thursday.

“The growing number of overdoses as a result of overly prescribed narcotics is alarming. While professional pain management for those who suffer chronic pain is essential and requires a highly trained medical professional, any licensed medical professional who poses a threat to public safety will be subject to investigation and disciplinary action by the State of Indiana.”



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