Pubdate: Sun, 24 Mar 2002
Source: Gaston Gazette, The (NC)
Copyright: 2002 The Gaston Gazette
Contact:  http://www.gast-gazette.com/
Details: http://www.mapinc.org/media/1702
Author: Barry Smith

MEDICAL BOARD RULES AGAINST GROVER DOCTOR

RALEIGH - The N.C. Medical Board ruled Saturday that Dr. Joseph 
Talley deviated from the acceptable standard of care for a number of 
his patients.

Dr. Walter J. Pories, president of the board, announced the board 
found the Grover doctor routinely failed to perform adequate physical 
examinations, failed to perform follow-up physical examinations, 
failed to inquire during each patient's visit whether the patient 
received medications from other doctors or other sources, and failed 
to adequately monitor patient compliance with his prescription drug 
regimen.

The board also found Talley deviated from standard practices by 
stockpiling the drug commonly called Fen-Phen for his own use after 
the drug had been taken off the market.

The board did not decide whether Talley will lose his license.

"We will meet at a later time to determine the remedy for these 
decisions," Pories said.

The board deliberated about two hours Saturday before announcing its decision.

Talley left the medical board's office after closing arguments were 
completed and was not in the board room when the decision was 
announced.

His attorney, Robert Clay, said he did not want to comment on the ruling.

"It's not over with yet," Clay said. "I don't want to do anything 
that might prejudice his chances.

Andy Watry, executive director of the N.C. Medical Board, said the 
board's next meeting will be April 17-18. He said the board has the 
options of revoking Talley's medical license or suspending it. The 
board could also choose to stay a suspension provided Talley comply 
with directives and stipulations of the board, he said.

During closing arguments Saturday morning, medical board attorney 
William Breeze argued that the board should find Talley had not 
provided proper care to his patients because he failed to perform 
physical examinations.

"Examination, examination, examination," Breeze said passionately and 
repeatedly during his closing arguments.

He argued that a doctor performing an examination is basic to making 
sure patients receive proper care. Breeze said one of Talley's 
patients, who died from a drug overdose, might be alive today had 
Talley performed an examination and noticed there were places on the 
patient's hand and arms where he had been injecting drugs.

Clay argued that an expert witness testified Talley obtained enough 
information from his patients to make a judgment on what kind of 
treatment to provide for his patients.

He said it would be unfair to Talley to stop him from practicing 
medicine since he had, in previous years, sought advice from the 
state board and been told he was doing nothing wrong.

He said Talley is a good man who cares about his patients.

Clay said there was no rule requiring doctors to conduct physical 
examinations before deciding on a diagnosis and treatment.

Breeze acknowledged that while no such rule existed, he also noted 
there was no rule requiring doctors to wash their hands before seeing 
a patient, a practice that he said everybody recognized as prudent.

Talley said during testimony he would gladly begin conducting 
physical exams and follow-up exams if he were instructed to do so by 
the board.

Pories said the board decided not to rule on some other allegations 
against Talley - that he failed to insist on a pain contract which 
would have required patients to get their prescriptions filled at one 
pharmacy, that he failed to measure the variations in pain symptoms, 
and that he failed to use non-opioid drugs for patients who had a 
history of drug abuse.

The federal Drug Enforcement Administration has already suspended 
Talley's privileges for prescribing controlled substances and linked 
the doctor to 23 overdose deaths.
- ---
MAP posted-by: Josh