MOLALLA DOCTOR FACING DISCIPLINE

PORTLAND - Dr. Phillip Leveque's days as Oregon's leading endorser of
medical marijuana applications may be numbered.

The state Board of Medical Examiners on Thursday charged Leveque with
unprofessional conduct for the way he's gone about signing medical
marijuana applications for more than 1,000 sick Oregonians.

The 11-member board voted unanimously to discipline Leveque and ordered the
78-year-old Molalla osteopath to undergo psychological and physical exams
to determine his competency to practice medicine.

Board members would not say what sort of discipline they're contemplating
for Leveque. But options include probation, a monetary fine, restrictions
on how he practices medicine and revocation of his medical license.

Board members agreed that Leveque's practice of medicine is "below the
standard of care" required of Oregon physicians, board Chairman Dr. James
Scott of Roseburg said after the meeting.

"Our charge is to protect the public from the inappropriate practice of
medicine," he said.

Leveque is not being disciplined because the medicine in question is
marijuana, said board member Dr. Erik Nielsen of Portland.

"It could have been any prescription or recommended therapy given without
appropriate examinations and interviews," he said.

The board is unlikely to take final action against Leveque before its next
quarterly meeting in April, during which time Leveque can continue
practicing medicine.

In the meantime, Leveque and his attorney could choose to contest the
charges before an independent hearings officer, or they could choose to
negotiate a settlement before the board takes final action.

Neither Leveque nor his attorney attended Thursday's meeting. In a phone
interview afterward, Leveque maintained that he's been following "the
regulations to the letter on everything I've done."

"This is a tragedy," he said. "It is even worse because I thought and
patients thought we were doing everything required."

He questioned the board's authority to discipline him. The medical
marijuana law explicitly bars the Board of Medical Examiners from taking
disciplinary action against physicians who sign applications for qualified
patients.

He said he didn't know whether he would contest the charges against him.

Leveque said his patients have contributed money to offset his legal
expenses, which to date have totaled $8,000.

His attorney didn't return a phone call seeking comment.

Leveque has signed for more than 1,000 medical marijuana applicants,
accounting for more than 40 percent of all card-holders since the law took
effect in 1999.

Until state health officials changed the rules last summer, Leveque did not
conduct physical exams nor keep medical records on the patients he signed for.

In most cases, he examined patients' medical records to verify they had a
qualifying medical condition and talked to patients before signing their
applications.

In some instances, he consulted with patients over the telephone, rather
than in person.

"They issued 900 cards on that basis," he said, referring to the
applications he signed before the state changed its rules last summer. "If
there was a problem someone said, 'Hey you're not supposed to do that.' "
He maintained that he met the law's original definition of an attending
physician: one "who has primary responsibility for the care and treatment
of a person diagnosed with a debilitating medical condition."

"The attending physician is the doctor you're going to see this afternoon,
whether you've seen him before or not," Leveque said.

State health officials refined the definition last summer to require an
attending physician to conduct a physical exam, maintain medical records
and do follow-up care.

Since October, Leveque said he has been frantically traveling the state,
conducting some 450 physical exams on patients he previously signed for.

Leveque has maintained the only reason he's signed for so many patients is
that most doctors refuse to recommend marijuana for their patients.

He said he was concerned about the welfare of the patients he signed for if
he loses his medical license.

"Those people are in severe legal jeopardy and medical jeopardy," he said.

Dr. Grant Higginson, head of Oregon Health Services, which oversees the
medical marijuana program, said he would need to check with lawyers to find
out whether medical marijuana patients' cards would still be valid if
Leveque's medical license is revoked.

"My guess is anything he signed prior to disciplinary action would be
valid," he said.

Under the law passed by voters in 1998, patients suffering from a
"debilitating medical condition" are allowed to grow and possess small
quantities of marijuana if their doctor certifies that the drug could help
their medical condition. Patients must pay a $150 fee for a medical
marijuana card, which is good for one year.

If the board takes disciplinary action against him, Leveque predicted it
would have a chilling effect on other doctors who are asked to sign
applications.

"No other doctor is going to subject themselves to this kind of treatment,"
he said.

Lee Berger, a Portland lawyer who helped write the law and advocates for
medical marijuana patients, decried the planned discipline against Leveque.

"I'm upset the BME has chosen to go after the physician who is helping
patients instead of going after physicians who denied patients access to
this medicine," he said. "It's really a dark day for Oregon when the
government goes after a compassionate physician who is trying to help
patients with debilitating medical conditions where their own physicians
won't."