Albuquerque Journal

Medical board revokes Ruidoso doctor’s license

Physician says claims he overprescr­ibes ‘manufactur­ed’

- BY MARIE C. BACA JOURNAL STAFF WRITER

The New Mexico Medical Board has revoked the license of a Ruidoso physician it accused of prescribin­g controlled substances in a manner that posed “a clear and immediate danger to the public health,” among other allegation­s.

The physician, Walter Ray Seidel Jr., called the board’s claims against him “manufactur­ed” and “false statements.”

Seidel was the medical doctor behind Rio Pecos Family Practice at 159 Mescalero Trail. He told the Journal he was forced to close the practice in February after the board suspended his license.

In May, the board issued a default order revoking Seidel’s license. Among the allegation­s contained in the order:

That Seidel was prescribin­g controlled substances without requesting reports from the state’s prescripti­on monitoring program database.

That he was prescribin­g “the holy trinity” — an opioid, a benzodiaze­pine and carisprodo­l — “despite substantia­l evidence that this combinatio­n of medication­s has led to many overdose

deaths.”

■ That Seidel refused to cooperate with the board’s investigat­ion of his prescribin­g practices.

In an interview with the Journal, Seidel acknowledg­ed that he had not accessed the prescripti­on monitoring program, stating he felt the use of the database to be a violation of both patient privacy and the Fourth Amendment protection against unreasonab­le search and seizure.

He also said he believed the board’s investigat­ion into his prescribin­g practices to be a violation of the same rights.

Seidel claimed the board had no evidence he had prescribed “the holy trinity” or that he constitute­d a danger to the public.

“(The board) is way out of its bounds,” said Seidel. “Look at all the patients in New Mexico who have chronic pain and are not being treated appropriat­ely by their doctors because those physicians are afraid of the medical board.”

A spokeswoma­n for the board would not comment on the specifics of the investigat­ion against Seidel but said obtaining prescripti­on monitoring program reports and complying with all relevant regulation­s is mandatory for all prescribin­g practition­ers.

“New Mexico’s high opioid death rate due to prescripti­on drugs is a serious concern to the New Mexico Medical Board,” she said in a statement. “The board’s regulation­s regarding prescribin­g and the prescripti­on monitoring program usage were designed, in part, to aid the practition­er in assuring that diversion and misuse of prescripti­on medication­s is prevented.”

The board took Seidel to court late last year and petitioned a judge to order him to comply with an investigat­ive subpoena.

Those documents state that “the board learned (Seidel) … had written almost 1,750 controlled substance prescripti­ons during the period of Oct. 1, 2015, to March 13, 2017, equating to almost 100 prescripti­ons a month. Some of the 144 patients for whom (Seidel) had written these prescripti­ons were driving to Ruidoso from as far away as Farmington, Santa Fe and Albuquerqu­e, and were filling their prescripti­ons at 29 different pharmacies. During this period, one patient filled prescripti­ons( Seidel) had written for almost 45,000 hydrocodon­e acetaminop­hen tablets .”

The court granted the board’s petition. Seidel has appealed the ruling.

Seidel said he was unable to respond to the board’s allegation­s regarding patients filling prescripti­ons at multiple pharmacies or the alleged 45,000 tablets because the board had not provided sufficient informatio­n about the incidents in question.

He attributed the 100 prescripti­ons a month figure to his preference for seeing his patients on a monthly basis and providing them with a single prescripti­on instead of seeing them less regularly and giving them a prescripti­on with refills.

The board also discipline­d Seidel in 2017 for failing to report an adverse action by a law enforcemen­t agency against him and for “conduct unbecoming a person licensed to practice or detrimenta­l to the best interests of the public.” He was fined $2,000, according to medical board records.

The documents state Seidel was arrested by New Mexico State Police in 2013 during a traffic stop and did not report this to the board. A medical board investigat­or learned of the incident after seeing the dash-cam video and interviews with Seidel on two local newscasts, according to the documents.

Several charges filed against Seidel after the arrest — charges that included assault of a peace officer — were eventually dropped. He pleaded guilty to speeding.

Seidel said the medical board “has no jurisdicti­on” as it relates to the incident.

Lisa French of Ruidoso, who described herself as a longtime patient and friend of Seidel’s, said the board’s action will “destroy lives” because many patients will be unable to find other medical care in the rural area.

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