MEDICAL BOARD SUSPENDS GROVER DOCTOR'S LICENSE

RALEIGH - Dr. Joseph Talley will not be able to practice medicine in
North Carolina for at least 12 months.

The N.C. Medical Board on Thursday suspended the Grover family
doctor's license following an emotion-packed afternoon of testimony
by doctors and some of Talley's patients.

The ruling means Talley's license will be suspended for at least 12
months. After that time, he can apply to the Medical Board for
reinstatement, said Dale Breaden, a spokesman for the Medical Board.

"I'm disappointed with their verdict," said Talley, who now plans to
spend time with his family. "I've been negligent about one thing, and
that's my own family."

Robert M. Clay, Talley's attorney, said he was disappointed in the decision.

"I had hoped for much less in the way of his suspension," Clay said.
"This is a sad day for Dr. Talley and his patients."

Clay said he did not know whether he would recommend Talley appeal the ruling.

The Medical Board, after a three-day hearing last month, ruled Talley
deviated from the acceptable standard of care for a number of his
patients by failing to perform adequate physical examinations,
failing to perform follow-up physical examinations, failing to
inquire during each patient visit whether patients received
medications from other doctors or other sources, and failing to
adequately monitor patient compliance with his prescription drug
regimen.

The board also found he deviated from standard practices by
stockpiling the weight loss drug commonly called Fen-Phen for his own
use after the drug had been taken off the market.

The federal Drug Enforcement Administration has already suspended
Talley's privileges for prescribing controlled substances and linked
the doctor to 23 overdose deaths.

Thursday's ruling came after almost four hours of arguments and
testimony from doctors, patients, friends and widows of former
patients about what Talley's punishment should be.

One witness, the widow of one of Talley's patients, testified behind
closed doors. Another witness was Fayleen Huffstetler of Cherryville,
a former patient of Talley's and the widow of another patient of
Talley's. Huffstetler's husband died from a drug overdose.

Board attorney William Breeze asked Huffstetler how encounters with
Talley had affected her family.

"I would say they were shattering," she responded.

Huffstetler, who previously admitted that both she and her husband
were drug addicts, was asked to give her opinion about what the board
should do regarding Talley.

"If Dr. Talley helped 100 patients and then he caused one death by
negligence - not asking him any questions on that last day - what
would you do?" she said rhetorically.

However, Dr. Jack D. Williams, a retired head and neck surgeon from
Shelby, said he did not think Talley should lose his license.

"Through the years, we would refer patients to each other," said
Williams, who noted a lot of Talley's patients came to his defense.
"When this issue made the papers, almost daily there were letters
supporting Dr. Talley - and they were passionate letters."

And some of those former patients testified Thursday.

"I have a much better quality of life because of Dr. Talley," said
Robin Whisnant Heath of Shelby, who has been a patient of Talley's
for 12 years. She said Talley had treated her for back pain and made
her able to raise a physically challenged daughter.

The Rev. Ronald T. Bernier of Missouri testified he had twice
considered committing suicide before being treated by Talley for
migraine headaches and back pain.

"My life had ceased," he said. "At one time I had put a gun in my
mouth.. If you pull Dr. Talley's license, the suicide rate is going
to sky-rocket."

Talley himself said his career had already been damaged. He said
taking his license would "send an even more chilling message to all
the other doctors in this state who feel compassionate to people who
are feeling pain."

Clay, during closing arguments, encouraged the board to effectively
give Talley a suspended sentence on the condition Talley meet certain
conditions related to patient care.

"Joseph Talley is not a man who is lacking in intelligence," Clay
said. "He would have complied with whatever the board asked him to
do. It seems to me that the evidence that you have heard is that Dr.
Talley has done a lot of positive good."

But Tom Mansfield, an attorney for the medical board, disagreed.

"This case is not a referendum on pain management," Mansfield said.
"This is a case about basic medicine. In light of Dr. Talley's
reckless indifference to the standards of North Carolina, I ask that
you revoke his license."

Dr. Bob Crummie, a Rutherfordton psychiatrist who had earlier
testified on Talley's behalf, called Thursday's ruling "very
cowardly."

"I think it has set medicine back in North Carolina at least 10
years," he said.