Pubdate: Sat, 06 Nov 2004 Source: Gadsden Times, The (AL) Copyright: 2004 The Gadsden Times Contact: http://www.gadsdentimes.com/ Details: http://www.mapinc.org/media/1203 Author: Dana Beyerle, Montgomery Bureau Montgomery Cited: Alabama Board of Medical Examiners http://www.albme.org/ Bookmark: http://www.mapinc.org/find?232 (Chronic Pain) Bookmark: http://www.mapinc.org/oxycontin.htm (Oxycontin/Oxycodone) HERRERA ASKS JUDGE TO FORCE ISSUE ON LICENSE A former Gadsden doctor has asked a Montgomery judge to force a state agency to reissue his narcotics prescription license. Dr. Pascual Herrera Jr., now in private practice in Leesburg, lost his medical license in 2001 for allegedly prescribing pain killers such as OxyContin without justification. Montgomery County Circuit Judge Johnny Hardwick told the Medical Licensure Commission in June to reinstate Herrera's license, saying the commission didn't have the evidence to prove its case. The ruling is on appeal. When Herrera lost his license he also lost his Alabama Controlled Substances Certificate. The Alabama Board of Medical Examiners, which issues the certificates, didn't return it and without it Herrera can't prescribe pain medication. "This decision frustrates the judge's order," Herrera's attorney, Al Agricola, said Thursday. Agricola said Hardwick has scheduled a hearing Tuesday at 9 a.m. to hear arguments. "Reinstatement of petitioner's ACSC should have been a routine matter following reinstatement of his license to practice medicine pursuant to this court's order entered on June 14, 2004," Agricola's brief said. Larry Dixon, the executive director of the Alabama State Board of Medical Examiners, said an ACSC is a separate license. Dixon said reinstatement of a medical license doesn't automatically reinstate an ACSC. "He lost his medical license when he was doing stuff he wasn't supposed to do," Dixon said Friday. Dixon said the decision to issue a controlled substances certificate is an administrative one. "I don't think the judge technically has the authority to give a controlled substances permit," Dixon said. Dixon's agency made new allegations in its attempt to deny Herrera's ACSC. Dixon's agency set a Feb. 16 hearing for Herrera to "show cause" why an ACSC should be returned. Herrera said without an ACSC he cannot get hospital privileges because emergency room doctors have to be able to prescribe narcotics such as morphine for heart attack pain. - --- MAP posted-by: Richard Lake