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Former Derakhshan patient touts neurologist's care at board meeting

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By Joel Ebert

One week after the conclusion of Charleston neurologist Iraj Derakhshan's public hearing, a former patient of the embattled doctor delivered a message to the West Virginia Board of Medicine.

"I just want to ask that this board remember that part of your function is help protect the public's ability to receive good care," Patricia Falbo said on Monday.

Falbo, who began seeing Derakhshan in 2000, told the board that while those who have been receiving narcotic medication for long-term treatment are probably physically dependent on the drugs they imbibe, that does not make them an addict.

"A drug addict, in my opinion, is someone who is abusing medication with intent," she said. "They know they're abusing it and they're abusing it for a reason - to get high."

Falbo said patients who receive painkillers as part of a long-term treatment plan understand the risks associated with taking the powerful drugs. Overall, she said, the benefits of being able to function normally outweigh the risks.

The message is one that doesn't get heard too often because it can be seen as "politically incorrect," she said.

"Please in all your future decisions remember the other side of the narcotic drug story, the chronic pain sufferer," she said. "When they take a medical license or a DEA [U.S. Drug Enforcement Administration] license, maybe they need to consider putting some kind of emergency doctor into place because you have that problem of people being suddenly released and turning to street drugs and that has been happening recently, I know that for a fact."

Turning to the case of Derakhshan, who was named in a 15-count complaint by the medical board as a result of the doctor's history of writing prescriptions for Schedule II drugs, such as oxycodone, Falbo said it can be a months-long process for patients to find a new doctor.

Many of Derakhshan's patients, including Falbo, have been forced to find another doctor after he had to stop writing prescriptions for painkillers as a result of the DEA not providing him his federal registration number.

A resident of Fayette County, Falbo said under Derakhshan's care, she has been able to successfully operate her 200-acre farm by herself.

"I speak from personal knowledge and true conviction that Dr. Derakhshan does everything he does because of compassion and not for any nefarious reasons or excess financial gain," Falbo concluded.

The message came after the board had concluded the majority of its hour-long meeting.

The board took no action regarding the doctor. The agency is expected to have a final ruling on whether or not to impose any sanctions against Derakhshan during the board's next meeting, which is scheduled for January 11.

In addition to Falbo's comment, the board covered a variety of topics, including complaints, consent orders and potential legislation that will be introduced during the upcoming 2016 legislative session.

The board was given notice that several pieces of legislation that would affect the agency could be expected, including one related to telemedicine - the practice of using telecommunication technology to provide clinical care from a distance.

While a telemedicine bill was introduced during the 2015 session, it ultimately failed to make it to the governor's desk. Following the conclusion of Monday's meeting, Robert Knittle, the board's executive director, said this year things could be different.

"I think it will be a governor's bill," he said.

Dr. Rahul Gupta, state health officer and commissioner for the West Virginia Bureau for Public Health, who attended Monday's meeting, said having the ability to utilize technology can be beneficial from a public health standpoint.

To monitor tuberculosis, Gupta said public health officials have begun using iPads to watch patients take their medication.

"In the old days ... public health department nurses had to travel just about every day to people's homes that are being treated to observe them taking their medication," Gupta said. "And now we are working on getting that done through technology."

Reach Joel Ebert at joel.ebert@wvgazettemail.com, 304-348-4843 or follow @joelebert29 on Twitter.


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