February 12, 2004

FEDERAL
WAR
ON
DRUGS
THREATENS
THE
EFFECTIVE
TREATMENT OF CHRONIC PAIN

HON. RON PAUL
OF TEXAS

IN THE HOUSE OF REPRESENTATIVES

Wednesday, February 11, 2004
Mr. PAUL. Mr. Speaker, the publicity surrounding popular radio talk show host Rush
Limbaugh’s legal troubles relating to his use of
the pain killer OxyContin will hopefully focus
public attention on how the federal War on
Drugs threatens the effective treatment of
chronic pain. Prosecutors have seized Mr.
Limbaugh’s medical records in connection with
an investigation into charges that Mr.
Limbaugh violated federal drug laws. The fact
that Mr. Limbaugh is a high profile, and often
controversial, conservative media personality
has given rise to speculation that the prosecution is politically motivated. Adding to this suspicion is the fact that individual pain patients
are rarely prosecuted in this type of case.
In cases where patients are not high profile
celebrities like Mr. Limbaugh, it is a pain management physician who bears the brunt of
overzealous prosecutors. Faced with the failure of the War on Drugs to eliminate drug cartels and kingpins, prosecutors and police have
turned their attention to pain management
doctors, using federal statutes designed for
the prosecution of drug kingpins to prosecute
physicians for prescribing pain medicine.
Many of the cases brought against physicians are rooted in the federal Drug Enforcement Administration (DEA)’s failure to consider
current medical standards regarding the use of
opioids, including OxyContin, in formulating
policy. Opioids are the pharmaceuticals considered most effective in relieving chronic
pain. Federal law classifies most opioids as
Schedule II drugs, the same classification
given to cocaine and heroin, despite a growing
body of opinion among the medical community
that opioids should not be classified with these
substances.
Furthering the problem is that patients often
must consume very large amounts of opioids
to obtain long-term relief. Some prescriptions
may be for hundreds of pills and last only a
month. A prescription this large may appear
suspicious. But, according to many pain management specialists, it is medically necessary,
in many cases, to prescribe such a large number of pills to effectively treat chronic pain.
However, zealous prosecutors show no interest in learning the basic facts of pain management.
This harassment by law enforcement has
forced some doctors to close their practices,
while others have stopped prescribing
opioids—even though opioids are the only way
some of their patients can obtain pain relief.
The current attitude toward pain physicians is
exemplified by Assistant U.S. Attorney Gene
Rossi’s statement that ‘‘our office will try our
best to root out [certain doctors] like the
Taliban.’’
Prosecutors show no concern for how their
actions will affect patients who need large
amounts of opioids to control their chronic
pain. For example, the prosecutor in the case
of Dr. Cecil Knox of Roanoke, Virginia told all
of Dr. Knox’s patients to seek help in federal
clinics even though none of the federal clinics
would prescribe effective pain medicine.

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Doctors are even being punished for the
misdeeds of their patients. For example, Dr.
James Graves was sentenced to more than
60 years for manslaughter because several of
his patients overdosed on various combinations of pain medications and other drugs, including illegal street drugs. As a physician with
over thirty years experience in private practice,
I find it outrageous that a physician would be
held criminally liable for a patient’s misuse of
medicine.
The American Association of Physicians and
Surgeons (AAPS), one of the nation’s leading
defenders of private medical practice and
medical liberty, has recently advised doctors
to avoid prescribing opioids because, according to AAPS, ‘‘drug agents set medical standards.’’ I would hope that my colleagues would
agree that doctors, not federal agents, should
determine medical standards.
By waging this war on pain physicians, the
government is condemning patients to either
live with excruciating chronic pain or seek
opioids from other, less reliable, sources—
such as street drug dealers. Of course,
opioids bought on the street will likely pose a
greater risk of damaging a patient’s health
than will opioids obtained from a physician.
Finally, as the Limbaugh case reveals, the
prosecution of pain management physicians
destroys the medical privacy of all chronic
pain patients. Under the guise of prosecuting
the drug war, law enforcement officials can
rummage through patients’ personal medical
records and, as may be the case with Mr.
Limbaugh, use information uncovered to settle
personal or political scores. I am pleased that
AAPS, along with the American Civil Liberties
Union (ACLU), has joined the effort to protect
Mr. Limbaugh’s medical records.
Mr. Speaker, Congress should take action
to rein in overzealous prosecutors and law enforcement officials and stop the harassment of
legitimate pain management physicians, who
are acting in good faith in prescribing opioids
for relief from chronic pain. Doctors should not
be prosecuted for doing what, in their best
medical judgment, is in their patients’ best interest. Doctors should also not be prosecuted
for the misdeeds of their patients.
Finally, I wish to express my hope that Mr.
Limbaugh’s case will encourage his many fans
and supporters to consider how their support
for the federal War on Drugs is inconsistent
with their support of individual liberty and Constitutional government.
f

RECOGNIZING LUPUS
INTERNATIONAL

HON. DARRELL E. ISSA

Founded in 1983, Lupus International is a
non-profit organization dedicated to raising
public awareness, patient education, and supporting lupus research. For over 20 years,
Lupus International has played a vital role in
the battle against this destructive disease. I
commend Lupus International for their service
to millions of Americans suffering from lupus.
Mr. Speaker, by supporting such private efforts as Lupus International, we pay tribute to
the victims suffering from this disease. We
also honor those whose efforts will one day
eradicate lupus as a life-threatening disease.
f

CONGRATULATING THE CARNEGIE
SCIENCE CENTER

HON. MELISSA A. HART
OF PENNSYLVANIA

IN THE HOUSE OF REPRESENTATIVES

Wednesday, February 11, 2004
Ms. HART. Mr Speaker, I would like to take
this opportunity to congratulate The Carnegie
Science Center, one of four Carnegie Museums in Pittsburgh, for being named one of the
three recipients of the 2003 National Awards
for Museum Service, the country’s highest
honor for extraordinary community service provided by a museum. The Carnegie Museums
empowers the residents of Western Pennsylvania with knowledge in the fields of science
and technology.
The team at The Carnegie Science Center
is truly committed to their surrounding communities. On January 22, 2004 it was honored in
The East Room of The White House by First
Lady Laura Bush for their dedication. Those
present at the ceremony to receive the award
were: Mareena Woodbury-Moore, a ninth
grade student at Scheneley High School in
Pittsburgh and also a standout participant in
Mission Discovery—Carnegie Science Center’s outreach program. Mareena was joined
by Joanna E. Haas, director of The Carnegie
Science Center, and Howard J. Bruschi,
Chairman of the Carnegie Science Center
board of directors.
Since 1994, The Carnegie Science Center
has run neighborhood programs that educate
local residents, of all ages, about the advantages of technology. Their hard work and dedication has made the city of Pittsburgh a better
place.
I ask my colleagues in the House of Representatives to join me in commemorating the
efforts of The Carnegie Science Center to improve the quality of life in the City of Pittsburgh. It is an honor to represent the Fourth
Congressional District of Pennsylvania and a
pleasure to recognize the leadership of The
Carnegie Science Center.
f

OF CALIFORNIA

IN THE HOUSE OF REPRESENTATIVES

Wednesday, February 11, 2004
Mr. ISSA. Mr. Speaker, I rise today to recognize Lupus International for their dedication
and commitment to improving the quality of life
for individuals living with lupus.
Lupus is a chronic autoimmune disease that
afflicts 2.8 million people in the United States.
The disease affects more people than AIDS,
cerebral palsy, multiple sclerosis, sickle cell
anemia, and cystic fibrosis combined, yet
many people have never heard of the disease.
There is no known cure for lupus and there
are few treatments specific to the disease.

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RECOGNIZING LEON G. KERRY,
CENTRAL
INTERCOLLEGIATE
ATHLETIC ASSOCIATION COMMISSIONER, ON HIS OUTSTANDING
LEADERSHIP IN THE PROMOTION
OF COLLEGIATE ATHLETICS

HON. J. RANDY FORBES
OF VIRGINIA

IN THE HOUSE OF REPRESENTATIVES

Wednesday, February 11, 2004
Mr. FORBES. Mr. Speaker, I rise today in
recognition of Mr. Leon G. Kerry, Commissioner of the Central Intercollegiate Athletic

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