The Palm Beach Post

Doctor practiced after Rx arrest

In the 7 months before his license suspension, Dr. Peter Katz of Boynton kept busy, records show.

- By Christine Stapleton Palm Beach Post Staff Writer

Eighteen months ago, Dr. Peter Katz of Boynton Beach took in an ex-patient — a homeless opioid addict. She overdosed in his home, dying later in the hospital. She was the fourth patient of his to die of an overdose in a twoyear period, state health department documents show.

Law enforcemen­t caught up with Katz about eight months ago, charging him with unlawful prescribin­g of an opioid after Katz wrote a prescripti­on for an undercover officer during a sting operation.

But it wasn’t until early October that the Department of Health stopped Katz from practicing medicine, issuing an emergency suspension of his license.

In its 32-page emergency suspension order for Katz, the department detailed five years of “malpractic­e” and “wanton disregard” for his patients who were addicted to opioids. Dr. Katz’s practice as a medical doctor “constitute­s an immediate, serious danger to the health, safety or welfare” of the public, the Oct. 3 order states.

During the seven months it took the health department to act, Katz kept busy.

For cash payments, Katz ordered urine tests for a sober home operator and gave her a prescripti­on for buprenorph­ine — a WHAT

THE POST REPORTED One year ago, The Post told the stories of the 216 people who died here in 2015 from heroin-related overdoses. Read our coverage at MyPalmBeac­h Post.com

medicine used to detox opioid addicts — “just in case” one of her residents relapsed, the order says.

Did law enforcemen­t ask for delay?

months sion, Asked a health for why a license it department took suspen- seven spokesman said the agencies investigat­ing Katz asked them to hold off.

“Law enforc e ment informed the department of their plans to use under- cover agents and asked that the department not move forward with plans to suspend Dr. Katz, which could have potentiall­y compromise­d the criminal investi- gation,” said Brad Dalton, deputy press secretary.

He added that “there were no adverse impacts on any patients during this time.”

But three law enforce- ment agencies involved in the investigat­ion denied mak- ing such a request.

“We did NOT ask the FDOH to delay pulling his license,” Teri Barbera, director of public informatio­n for the Palm Beach County Sheriff ’s Office, said in an email. PBSO conducted an undercover drug buy at Katz’s office in April 2016 that resulted in

Katz’s arrest a year later.

“It is quite the opposite,” Barbera said. “We pushed to have his license suspended but were told by FDOH our charges were STALE.”

A spokespers­on for the Drug Enforcemen­t Administra­tion said it also did not ask for a delay. Katz’s suspension, however, “occurred in the normal time frame,” DEA public informatio­n officer Special Agent Anne-Judith Lambert wrote in an email.

The Palm Beach County State Attorney’s Office, which is prosecutin­g Katz on drug charges, also did not ask the department to delay or suspend its administra­tive investigat­ion of Katz, according to Chief Assistant State Attorney Al Johnson, who heads the Sober Home Task Force.

The task force became involved in the Katz investigat­ion in August after learning that Katz allegedly accepted cash from a sober home operator for writing orders for urine drug screens for addicts in treatment, which is detailed in the suspension order.

“DOH investigat­ors worked closely with the Sober Homes Task Force investigat­ors,” Johnson said. “In the end, our common goal is to ensure public safety through cooperatio­n.”

Katz is not being charged with any criminal wrongdoing in the overdose deaths. The deaths and the fact that they were Katz’s patients were not known to the public until the health department suspended his license.

Overdose at doctor’s home

Much of the suspension order details the final days of the four addicts who overdosed and died. In 2014 Katz began treating a 27-year-old addict for ADHD and for her addiction. The woman told her mother she went to Katz because she could get prescripti­on drugs from Katz for suspension Homeless cash, according order. and to still the addicted Katz allowed in January the woman 2016, to stay at his home. She was not living with him but merely house-sitting for several days, Katz said. He also did not have sex with her, a claim made in the suspen- sion order. On Feb. 4, 2016, she was found on the floor in a bath- room at Katz’s home with a tourniquet, syringe and small bag of heroin and cocaine nearby. She died several days later. While she cleaned out her daughter’s storage unit, the woman’s mother found stacks of prescripti­on pads and drugs prescribed by Katz, according to the suspension order. Katz did not know how the woman obtained the prescripti­on pads. “I had maybe a few in my house,” Katz said. “She might have grabbed them.” ‘Potentiall­y life-threatenin­g’

During the 21/2 years Katz treated Richard Unger, 36, for back pain and anxiety, Katz failed to keep medical records of the opioid and benzodiaze­pine he prescribed for Unger, who had an extensive history of drug abuse, the order stated.

After Unger’s death of a heroin overdose Dec. 30, 2015, investigat­ors found another doctor had been prescribin­g Unger buprenorph­ine, a drug used to wean addicts off opioids. Katz’s failure to review Unger’s records, the order said, “resulted in the continued prescripti­on of contraindi­cated medication­s that were potentiall­y life-threatenin­g.”

Besides heroin, Unger’s autopsy found two drugs Katz had prescribed to him.

Unger was one of 216 people who died of a heroin-related overdose in 2015 and was one of the people The

The DEA issued a statement a day after Katz’s arrest, saying it was ‘unconscion­able’ that a doctor authorized to prescribe drugs to wean addicts off opioids ‘would be part of the problem and not the solution.’

Palm Beach Post profiled as part of its series about the opioid epidemic, “Heroin:

Killer of a Generation.” Though all four patients were identified only with their initials in the suspension order, The Post, through police records and autopsy records, found that two of them were featured in The Post’s “Heroin” series. Katz also was mentioned in the records as the doctor treating them shortly before they died.

‘High-risk patient’

Kristin Curtis, 47, went to Katz for opioid dependence and was prescribed buprenorph­ine in the months before she died.

He also treated her for high blood pressure, though her records did not support such a diagnosis, the order said, and he treated her with another drug known to raise blood pressure. Curtis, who had a history of drug abuse, was a “high-risk patient,” according to the order, but Katz failed to monitor her.

On July 17, 2015, paramedics took Curtis to the hospital, suffering from nausea and vomiting for three days. She was pronounced dead on arrival.

The day before, Curtis had seen Katz and he prescribed medication, according to a

police report. An autopsy showed she died from multiple drug intoxicati­on.

Positive urine tests

Another patient, named “D.G.” in the suspension order, was found dead in a parked car Dec. 27, 2015. The 33-year-old male died from complicati­ons of multiple drug intoxicati­on. Hydromorph­one was in his system.

Katz had treated him for about 18 months for anxiety and ADHD, prescribin­g clonazepam and Adderall. However, D.G. had tested positive for opioids in urine tests more than once. In March 2015, D.G. admitted to Katz that he had been using illicit painkiller­s.

Katz failed to follow up for eight months, the order said. When Katz did see D.G. in late November, he tested positive for oxycodone.

The order says Katz again failed to monitor this patient while he was taking a dangerous combinatio­n of opioids, sedatives and stimulants.

Undercover operation

In April 2016, a DEA undercover officer met Katz at his Boynton Beach office after hours. When the agent asked for drugs using street slang, Katz said he was “not a pill pushing doctor.” Katz suggested the agent visit a rheumatolo­gist and take Tylenol and an anti-inflammato­ry for pain.

The agent persisted and Katz — who is licensed to prescribe buprenorph­ine — reluctantl­y gave the agent a prescripti­on for Norco, an opioid, without a performing an exam.

The sting resulted in Katz’s arrest April 4 of this year on a charge of prescribin­g a drug that was not neces

sary. Later he was charged with one count of traffickin­g hydrocodon­e.

The DEA issued a statement a day after Katz’s arrest, saying it was “unconscion­able” that a doctor authorized to prescribe drugs to wean addicts off opioids “would be part of the problem and

not the solution.” In August, while free on bond, Katz was paid by a sober home operator $40 for every urine drug test he ordered for addicts living in a sober home, accord

ing to investigat­ors’ reports. No additional charges have been filed.

Denies allegation­s

Katz denies all of the allegation­s laid out in the suspension order and arrest report. He said he was set up and doesn’t know why.

“It’s a witch hunt, and they are picking on the wrong guy,” Katz said. He said he kept medical records on his patients and performed appropriat­e exams. “As a result of this, I am not able to help people.”

Katz is fighting the criminal charges and suspension order and wants to reopen his medical practice.

“I’ve been very careful, but no one is perfect,” Katz said. “I have no regrets with what I’ve done.”

Katz’s next court hearing is Feb. 9, 2018. His attorney, Michael Dutka, said the case is not a “run of the mill, garden variety drug traffickin­g case,” because it took so long for charges to be filed against Katz and so long to suspend his license.

“Some (details) could be favorable to the doctor and some favorable to the prosecutio­n,” Dutka said.

Katz is one of three doctors arrested in the crackdown on corruption by the task force and an FBI-led federal investigat­ion into corruption in Florida’s drug treatment industry. Doctors Joaquin Mendez and Donald Willems worked as medical directors at Kenny Chatman’s notorious Reflection­s Treatment Center. Chatman is serving a 27-year prison sentence.

Willems and Mendez pleaded guilty to conspiracy to commit health care fraud. Mendez was sentenced Tuesday to four years in federal prison.

Willems was sentenced to 10 years in prison and surrendere­d his medical license. He had been arrested in 2012 as part of a Broward pill mill investigat­ion, but his license remained clear and active despite that arrest and the Chatman case arrest in December 2015. He offered to relinquish his license in March.

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 ??  ?? Dr. Peter Katz of Boynton Beach is charged with unlawful prescribin­g of an opioid.
Dr. Peter Katz of Boynton Beach is charged with unlawful prescribin­g of an opioid.

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