NO ROY BLACKS FOR THESE ADDICTS

Rush Limbaugh contends that because so few people have been targeted
for doctor-shopping, Palm Beach County State Attorney Barry Krischer's
investigation of the talk-show host must be the result of political
pressure.

In fact, doctor-shopping for OxyContin and similar drugs is a
relatively new phenomenon, and many states, including Florida, just
now are recognizing the extent of prescription-drug abuse and
expanding efforts to stop it. Mr. Limbaugh styles himself a leader in
social policy. In his abuse of prescription painkillers, including
OxyContin, he does appear to be part of the vanguard. From that
out-front position, Mr. Limbaugh can't successfully complain of being
one of the first to draw attention. As enforcement increases, however,
the most frequent targets are not likely to be in Mr. Limbaugh's
income bracket. Medicaid recipients are receiving the most intense
scrutiny.

The FDA approved OxyContin, one of the most abused prescription drugs,
in 1995. Purdue Pharma, the manufacturer, expected the synthetic
opiate to be less subject to abuse because its time-release formula
delivered a dose too measured to deliver a kick. But in part because
of label information warning against crushing the tablets, addicts
soon learned that they could turn the tablets into powder for snorting
or injecting.

It wasn't until 2000 that reports of OxyContin abuse and deaths
became common. Since then, lawmakers, health agencies and others have
moved to curb the abuses. In Florida, doctor-shopping did not become a
felony until July 1, 2002. In September of that year, Broward County
prosecutors charged Marilyn Georges with doctor-shopping after two
people died at her home just a few days apart. She was sentenced in
December 2002 to four years in prison for obtaining drugs through fraud.

In August 2002, Mr. Krischer's office arrested Michael Schlosman on
doctor-shopping charges after his ex-wife died of an overdose. He died
before going to trial. Roy Black, Mr. Limbaugh's attorney, pointed out
Wednesday that those cases involved overdose deaths. But that just
underscores the importance of investigating doctor-shopping before
someone dies.

So it is not the case that Mr. Limbaugh, who has not been charged,
would be the first to face prosecution for doctor-shopping. Nor would
he be the last. But in Florida and elsewhere, it is likely that the
people who face prosecution won't be able to afford defense lawyers of
Roy Black's caliber.

In Florida, the Senate Select Subcommittee on Medicaid Prescription
Overprescribing just recommended a series of measures to stop doctor-
shopping by Medicaid patients, who also are covered by the general
doctor-shopping law. The panel's recommendations are advancing in the
Senate with bipartisan support.

Under the provisions of Senate Bill 1064, the state would pay much
closer attention to Medicaid patients' prescriptions. Medicaid
patients who lied to get drugs would be denied benefits. The bill also
would make it easier to discipline doctors who fraudulently prescribe
drugs to Medicaid patients. Patients who sell fraudulently obtained
OxyContin and other prescription drugs on the black market would be
guilty of a felony.

Mr. Limbaugh, who has admitted his own addiction, seems to favor
leniency for people addicted to prescription medications. He notes,
with approval, that state Sen. Mandy Dawson, D-Fort Lauderdale, who
altered a prescription to receive an additional 100 pills, was allowed
to complete treatment and have charges dismissed.

The compassion is new. What would Rush Limbaugh, before confessing to
his own addiction, have said about Medicaid patients guilty of doctor-
shopping for OxyContin? Mr. Black points out that hypocrisy is not a
crime. He said he doubts that Florida would jail Medicaid patients who
go doctor-shopping solely to feed an addiction to prescription pills.
I think he's wrong about that last part.

Perhaps Mr. Limbaugh should get a pass because Medicaid patients are
ripping off taxpayers while Rush, even if he was doctor-shopping,
spent only his own money. Regardless of who pays, though,
doctor-shopping is a crime. Because of OxyContin and drugs like it, it
is becoming more and more prevalent. If the state is determined to
crack down on Medicaid recipients suspected of doctor-shopping, it is
only fair to crack down on everyone suspected of doctor-shopping.

Mr. Limbaugh's public-relations defense is "poor me." In that case,
prosecutors should treat him the same as the state intends for them to
treat the poor.

Jac Wilder VerSteeg, Palm Beach Post Editorial Writer