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State ex rel Oklahoma Board of Medical Licensure and Supervision v. Litchfield9/14/2004
__ P.3d __
Mandate Issued: 12/21/2004
AFFIRMED IN PART AND REVERSED IN PART
1 Trial court defendant, Lonnie William Litchfield, M.D., (Litchfield) appeals the Final Order of Suspension entered by trial court plaintiff, State ex rel. The Oklahoma State Board of Medical Licensure and Supervision (Board) in this action for suspension of a medical license.
BACKGROUND
Litchfield is a board-certified anesthesiologist. Prior to attending medical school, Litchfield obtained a degree in chiropractic and worked as a chiropractor from 1983 until approximately 1994. During this time, Litchfield was accepted into the University of Oklahoma College of Medicine. He graduated from medical school in 1994 and did his residency at the University of Oklahoma Health Sciences Center in anesthesiology. He completed his residency in 1998 and received his board certification in anesthesiology in 2000.
In about May 2000, Litchfield opened the Pain Management and Rehabilitation Center in Oklahoma City, Oklahoma, referred to as the Hefner-Pointe Clinic, with Troy Tortorici, M.D. Litchfield worked at the Hefner-Pointe Clinic one day a week and Dr. Tortorici worked at the clinic one afternoon per week. The clinic employed a chiropractor, Steve Sweeney, (Sweeney) that worked at the Hefner-Pointe Clinic on a daily basis. The clinic primarily provided services to those suffering injuries due to personal injuries or workers' compensation injuries. The services provided through this clinic included assessing the client, providing independent medical examinations in workers' compensation cases, and providing the necessary follow-up treatment. Litchfield continued his anesthesiology practice at various Oklahoma City hospitals while working at the Hefner-Pointe Clinic.
Litchfield, Dr. Tortorici, and Sweeney opened another pain management clinic in Midwest City, referred to as the Mid-Del Clinic, in order to provide services in a more convenient location to several of their patients and attorneys. Litchfield was an equal partner in the Mid-Del Clinic with Dr. Tortorici and Sweeney, but never provided any services at the clinic. The Mid-Del Clinic did not staff any physicians at the clinic, but there were numerous chiropractors employed at the clinic.
The Board filed a Complaint against Litchfield on June 11, 2002, and an Amended Complaint on September 6, 2002, alleging he was guilty of unprofessional conduct. The Board alleged Litchfield used stamped prescriptions for Schedule II through Schedule V controlled dangerous substances and, on at least one occasion, office staff gave a patient a pre-signed prescription for a controlled dangerous substance that Litchfield had previously signed and left in his desk drawer. The Board also alleged Litchfield often prescribed pain medication prior to the patient seeing a physician. In addition, the Board alleged Litchfield allowed his signature to be stamped on prescriptions for Schedule II controlled dangerous substances. Further, the Board alleged " review of [Litchfield's] records reveals no indication that ever performed a physical examination on [several patients], that he did not establish a legitimate medical need for the medical treatment, that he did not establish a valid physician patient relationship prior to prescribing the medications, and that he failed to maintain an office record which accurately reflects the evaluation, treatment and medical necessity of treatment of the patient."
The Board specifically alleged the standards of professional conduct Litchfield violated as:
A. Engaged in dishonorable or immoral conduct which is likely to deceive, de
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