MEDICAL BOARD RULES AGAINST GROVER DOCTOR

RALEIGH - The N.C. Medical Board ruled Saturday that Dr. Joseph
Talley deviated from the acceptable standard of care for a number of
his patients.

Dr. Walter J. Pories, president of the board, announced the board
found the Grover doctor routinely failed to perform adequate physical
examinations, failed to perform follow-up physical examinations,
failed to inquire during each patient's visit whether the patient
received medications from other doctors or other sources, and failed
to adequately monitor patient compliance with his prescription drug
regimen.

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

The board did not decide whether Talley will lose his license.

"We will meet at a later time to determine the remedy for these
decisions," Pories said.

The board deliberated about two hours Saturday before announcing its decision.

Talley left the medical board's office after closing arguments were
completed and was not in the board room when the decision was
announced.

His attorney, Robert Clay, said he did not want to comment on the ruling.

"It's not over with yet," Clay said. "I don't want to do anything
that might prejudice his chances.

Andy Watry, executive director of the N.C. Medical Board, said the
board's next meeting will be April 17-18. He said the board has the
options of revoking Talley's medical license or suspending it. The
board could also choose to stay a suspension provided Talley comply
with directives and stipulations of the board, he said.

During closing arguments Saturday morning, medical board attorney
William Breeze argued that the board should find Talley had not
provided proper care to his patients because he failed to perform
physical examinations.

"Examination, examination, examination," Breeze said passionately and
repeatedly during his closing arguments.

He argued that a doctor performing an examination is basic to making
sure patients receive proper care. Breeze said one of Talley's
patients, who died from a drug overdose, might be alive today had
Talley performed an examination and noticed there were places on the
patient's hand and arms where he had been injecting drugs.

Clay argued that an expert witness testified Talley obtained enough
information from his patients to make a judgment on what kind of
treatment to provide for his patients.

He said it would be unfair to Talley to stop him from practicing
medicine since he had, in previous years, sought advice from the
state board and been told he was doing nothing wrong.

He said Talley is a good man who cares about his patients.

Clay said there was no rule requiring doctors to conduct physical
examinations before deciding on a diagnosis and treatment.

Breeze acknowledged that while no such rule existed, he also noted
there was no rule requiring doctors to wash their hands before seeing
a patient, a practice that he said everybody recognized as prudent.

Talley said during testimony he would gladly begin conducting
physical exams and follow-up exams if he were instructed to do so by
the board.

Pories said the board decided not to rule on some other allegations
against Talley - that he failed to insist on a pain contract which
would have required patients to get their prescriptions filled at one
pharmacy, that he failed to measure the variations in pain symptoms,
and that he failed to use non-opioid drugs for patients who had a
history of drug abuse.

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