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.