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2 Louisiana men face drug charges from pain clinic raidPICAYUNE, Oct 21, 2010 (Picayune Item - McClatchy-Tribune Information Services via COMTEX) -- An investigation into the operations of the Axcess Medical Clinic on Telly Road also found a couple of suspects in possession of a controlled substance, but the owner of the business feels the search was not entirely legal. According to a press release from the Picayune Police Department, the operation took place on Oct. 12, when Picayune Police officers assisted the Mississippi State Pharmaceutical Diversion Task Force and the Mississippi State Medical Board with serving a search warrant on the business at 215 Telly Rd. During the search, officers secured the parking lot and observed some suspicious people outside the business, Deputy Chief David Ervin said. Officers saw 43 year-old Thomas Watts, of 18250 Watts Lane, Ponchatoula La., and asked him if he had any illegal substances on him, the deputy chief said. Ervin said Watts told the officer no, and gave consent to search his vehicle. During the search the officer found Watts to be in possession of a controlled substance, Suboxone, which is a medication used to treat opiate addictions, the release states. Ervin said the medication was in a prescription pill bottle with no label and Watts did not have proof of a prescription on him at the time, leading to his arrest. A second suspect was found in the business, 47 year-old James Westbrook also of 18250 Watts Lane, Ponchatoula, the release states, and he too was in possession of the controlled substance. Westbrook told the officers that he was holding the medication for Watts but also did not have proof of a prescription for the medication, Ervin said. Both suspects were charged with possession of a controlled substance and $211 was seized from Watts' possession, the release states. Ervin said so far the investigation has not determined where the medication found on Watts and Westbrook originated. Thomas Washington, Investigations Bureau Director with the Mississippi State Board of Medical Licensure, said the day of the search that he was performing a routine investigation at Axcess Medical Clinic after receiving a number of community complaints about the business, which offers medical care as well as pain management. The investigation involved an administrative inspection and serving of a search warrant signed by 15th Circuit Court Judge R.I. Prichard in an effort to secure medical records kept at the business, Washington said. On Wednesday, Washington said it is routine to conduct such an investigation when the agency thinks there is a violation of the Mississippi Medical Practice Act. While there is an ongoing investigation, doctor and patient records will be protected, Washington said, and so far no charges have been pressed as a result of the investigation so the business is free to continue operations. If the investigation does find any violations of the medical practice act then a hearing will be held to determine disciplinary action and cover any wrongdoings, Washington said. He said that could be anywhere from three to six months away, if wrong doing is found. The owner of the business, Kenny Knight, said his business is working under the rules and regulations that the State of Mississippi has set forth, and claims that the search of his business was conducted in an inappropriate manner by the Picayune Police Department. A signed statement by Axcess employee Colette Mentz that was faxed to the Picayune Item states that she was working the day of the raid. She said in a phone interview on Wednesday that Picayune Police Department Narcotics Detective Mike Odom was verbally abusive during the investigation. In Mentz's written statement, Odom was described as approaching another Axcess employee in a threatening manner. "I was afraid he was going to push her down," Mentz said in the phone interview. Knight said that the involvement of the department and subsequent search of his patients was unwarranted since it was not covered in the search warrant. The warrant, Knight said, only covered securing medical records for 15 of his patients. He plans to contact federal and state agencies as well as seek legal counsel. "I plan on taking this to the FBI, you can quote me on that," Knight said. Axcess Medical Clinic is operating within the guidelines of Mississippi Medical regulations, Knight said. The clinic owner also believes the department had no right to search his patients' vehicles, either during the incident or in the past. "This is Mississippi 1950," Knight said. Ervin said the arrests were effected after the officers noticed suspicious activity while assisting the state and federal agencies serve the warrant. He said that suspicious activity gave the department probable cause to investigate and subsequently arrest the two suspects. As for the alleged conduct on Odom's part, Ervin said the department has not been informed of any complaint concerning the actions of any officer during that operation. "If they can't come forward and complain, how can we correct any situation?" Ervin asked. Rules and policies in place at the department allow for officer complaints to be filed at the department and reviewed by Chief Jim Luke, and if it appears the department's strict code of conduct was not followed, then the internal affairs division would be asked to investigate, Ervin said. To see more of the Picayune Item or to subscribe to the newspaper, go to http://www.picayuneitem.com/. Copyright (c) 2010, Picayune Item, Miss. Distributed by McClatchy-Tribune Information Services. For more information about the content services offered by McClatchy-Tribune Information Services (MCT), visit www.mctinfoservices.com, e-mail [email protected], or call 866-280-5210 (outside the United States, call +1 312-222-4544). |