Licensing board puts doctor on probation in OxyContin case

A Salt Lake physician who is accused of running an OxyContin drug ring has been disciplined by the state licensing agency — but not as severely as some members of the Physicians Licensing Board had hoped.

Dr. Alexander Theodore, whose is accused of insurance fraud and illegal drug distribution, was put on probation Monday by the Division of Occupational and Professional Licensing. He is not allowed to practice medicine until certain conditions are met.

"I believe it's tight enough that he will not be practicing," DOPL bureau manager Laura Poe told the Physicians Licensing Board at its monthly meeting Wednesday. The PLB serves as an advisory board to DOPL and is in charge of monitoring doctors who have been disciplined.

The probation stipulation — technically a revocation, a stay of that revocation and then a five-year probation — angered PLB member Dr. David McCann, who told Poe, "I'd like the (DOPL) legal division to understand we're not happy with this." McCann added that Theodore "should be waiting out there in limbo somewhere."

Under the probation stipulation worked out between DOPL and Theodore's lawyers, the doctor must be evaluated as competent by an independent assessment organization and must complete any educational intervention plan required following the evaluation. In addition, Theodore's license to administer and prescribe controlled substances has been suspended for a minimum of two years.

DOPL, which issued an emergency suspension of the licenses in February, could have ordered a revocation or more permanent suspension of Theodore's license, but this would have required an administrative hearing. And that would have meant finding willing witnesses, who might be worried that they would incriminate themselves before the case has its day in criminal court.

"There was some concern about how willing witnesses would be to come forward," Poe explained.

Should there eventually be a criminal conviction against Theodore, she said, Theodore's licenses will be revoked.

The allegations that Theodore helped mastermind a drug ring were not part of DOPL's discipline order. The order notes only that he admitted providing "medical services in the area of chronic pain management without any specialized training or knowledge in chronic pain management."

A criminal investigation of Theodore and his assistant, David Dodd, is under way. According to FBI agent Joe Christensen, the case is one of the largest crime rings ever discovered in Utah.