The Mercury News Weekend

Questions surround response to Prince

Marin physician sent his son to Minnesota with addiction drug

- By Carla K. Johnson

Was a Marin County doctor acting legally when he sent his son to Prince’s home with a drug often used to treat people addicted to opiates such as prescripti­on painkiller­s?

Dr. Howard Kornfeld may have been trying to help, but he was not licensed to practice medicine in Minnesota and was not registered to care for patients there via telemedici­ne, as the state requires. His son, Andrew Kornfeld, who has been described as a pre-med student, was not a licensed prescriber.

The pair may need to rely on loopholes and broad, generous readings of federal and state laws to justify why the younger Kornfeld carried buprenorph­ine to Minnesota on an April 20 redeye flight. Attorneys and physicians have described the action as unusual and even absurd.

Dozens of doctors are authorized to prescribe buprenorph­ine in Minnesota, so it’s unclear why Kornfeld felt he needed to send his son with the drug, which is used to ease withdrawal and cravings.

The Kornfelds did not respond to several messages this week from The Associated Press. No one has suggested that Prince took the buprenorph­ine provided by them. Their attorney, William Mauzy, has said that he believes Andrew Kornfeld — who placed the 911 call when Prince was found unresponsi­ve at his home — is protected from any charges by a Minnesota law that generally shields anyone seeking medical assistance for a person overdosing on drugs.

Regulators in Minnesota have several ways they could approach the situation. Minnesota’s medical board has jurisdicti­on to investigat­e someone who practices medicine without a state license or a telemedici­ne registrati­on.

Dr. Kornfeld did not have either, said Ruth Martinez, executive director of the Minnesota Board of Medical Practice. Martinez said she could not comment on whether the board is investigat­ing Kornfeld’s actions or whether it has received a complaint.

The Minnesota telemedici­ne law has an exemption for “an emergency medical condition,” but it’s questionab­le whether that would be enough to cover a situation in which a doctor without a Minnesota license sent a Schedule III controlled substance across state lines with a person who was not a physician.

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