Pubdate: Tue, 20 Sep 2005
Source: Oroville Mercury-Register (CA)
Copyright: 2005 Oroville Mercury Register
Contact:  http://www.orovillemr.com/
Details: http://www.mapinc.org/media/2277
Author: Terry Vau Dell, MediaNews Group
Bookmark: http://www.mapinc.org/find?232 (Chronic Pain)

FORMER OROVILLE DOCTOR AVOIDS JAIL

An Oroville doctor whose license was revoked after he was allegedly caught 
selling prescription narcotics out of his home drew a 30-day suspended 
sentence Monday.

Robert I. Kerwood, 80, had earlier pleaded no contest to one felony count 
of selling prescription painkillers to undercover agents for the California 
Medical Board. Eight additional counts were dismissed.

Taking into account his age and declining health, Butte County Superior 
Court Judge Stephen Benson Monday placed the former physician on three 
years probation rejecting a probation officer's recommendation to also 
impose a one-month jail term.

Kerwood, a general practitioner and surgeon since the mid-1950s, had his 
license revoked, effective June 23, following the undercover sting.

Two medical board agents posing as patients reportedly paid Kerwood $65 
each in exchange for writing them prescriptions over a three-month period 
from his Oroville home for a broad range of narcotic painkillers including 
Vicodin, Soma, Norco, Diazapam and Klenapin.

According to court records, the doctor claimed the cash payments were for 
"office visits," though deputy district attorney Michael Candela said the 
undercover officers were never examined by the doctor.

The criminal charges reportedly stemmed from a complaint by a confidential 
informant.

According to a pre-sentence report to the court, Kerwood and his wife had 
moved to Oroville in 1993. He had worked both at the Oroville Family Health 
Clinic and the Berry Creek Clinic.

After the latter facility closed, Kerwood worked as a physician for the 
California Department of Corrections. He reportedly had been practicing 
medicine out of his home since 2003.

During an interview with his probation officer, Kerwood was quoted as 
saying he didn't feel he had committed a crime, "especially a crime against 
humanity."

"When someone is in pain, I should be able to alleviate the pain," he said.

He described many of his patients as "drug addicts and alcoholics" whom he 
had known for years.

Because he knew their ailments, Kerwood told the probation officer he did 
not feel it necessary to examine them each time he issued a prescription.

Though the former physician added that he had "no way to monitor" what his 
patients did with their medications, if he suspected someone of "abusing or 
selling" the medicine, he said he would prescribe less to them.
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