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Rep. Doug Broxson: Jay Medical Raid Shows Need For Oversight, Government Accountability
June 23, 2015
submitted by Rep. Doug Broxson
When I first ran for office in 2010, I was advised that if I wanted any credibility in northern Santa Rosa County, then I needed to get to know Dr. David Smith of Jay, FL. Doctor Smith is a pillar of the community in northern Santa Rosa and Escambia Counties. During his career as a physician in Jay, he gained a reputation for serving the rural areas that are often disconnected from quality health care and providing free or reduced care to those in need.
However, in July of 2011, federal and state law enforcement officers stormed Dr. Smith’s practice. With weapons in tow, law enforcement ordered physicians, staff, and others to surrender all medical records and were forbidden to communicate with anyone during the raid. After three hours, authorities seized thousands of patient files and medical records and transferred the confidential material to a storage facility in Pensacola, where they were held under lock and key.
While they were not arrested, Dr. Smith and his son, Dr. Michael Smith, were forced to surrender their DEA prescription licenses. During that time, their patients had to find new physicians to treat them and were forced to travel to Pensacola in order to gain access to their own personal medical files that were held by the authorities. Neither doctor has any public complaint on file with the Florida Department of Health, and Dr. David Smith was recognized with a lifetime achievement award by the Florida Rural Health Association. However, for the last four years, federal and state law enforcement agencies have held the livelihood and reputation of these two doctors in their hands while conducting their secret investigation.
Finally, the U.S. Attorney cleared Drs. David and Michael Smith earlier this month, and both doctors will be able to reapply for their DEA licenses again soon. Unfortunately, the damage has already been done to their careers and reputations. Additionally, in a rural area that is critically underserved by the healthcare industry, the loss of these doctors caused an even greater access to care problem.
In Congress, the subject of personal rights in regard to national security is being fiercely debated. While there were no national security questions involved in this investigation, it is alarming to think that our government has the ability to persecute its citizens without any regard to transparency or due process. The lives of Drs. David and Michael Smith, along with the lives of their patients, have suffered by the heavy-handed acts of our own government. Over the last four years, my office has made numerous requests to the Florida Department of Law Enforcement to find out why this investigation was taking so long without any charges being filed. However, the agency refused to respond to me and would not give any reason as to why the rights of these doctors were suspended. Frankly, if there were wrongful acts committed, then charges should be filed and the public should be informed. I do not believe justice is served by allowing for a prolonged fishing expedition without bringing charges in a timely manner.
I hope what happened to these doctors will serve to show that we need additional oversight to hold our government accountable when it resorts to this type of intimidation and persecution. I have asked the Florida Attorney General’s office to help me craft legislation that will help enforce due process and require charges to be either filed or dropped after an appropriate amount of time in order to prevent future government investigations to continue indefinitely. I await their response.
- Rep. Doug Broxson
NorthEscambia.com file photo.
The opinions expressed in this submitted article are those of the author and not necessarily those of NorthEscambia.com.
Comments
28 Responses to “Rep. Doug Broxson: Jay Medical Raid Shows Need For Oversight, Government Accountability”
Does anyone else have a problem with our medical records open to any and all? I have to sign a release to transfer my medical records from one doctor to another doctor and for me to get copies of my own records. DEA comes in and grabs records and then reads them. At no point did I see where they had probable cause ( has anyone seen the search warrant). I can only guess the judge did. Why not print the search warrant so all can see it. I do not recall signing a release for the American Gestapo to do this.
People make their own choices and I agree with Proud. Are use saying people are brainless little sheep that go blindly to the slaughter? And to answer your question yes it has affected my family. My son was in a accident that put him in a wheel chair for a long time. He was taking a lot of pain meds for a long time. BUT he knew he was getting hooked on them and CHOSE to quit taking them. People know if they are getting hooked they are not stupid, they just don’t take the responsibility for their actions.
Who was the Judge that signed these search warrants
Re: Ed Hudson, you would have a valid point if this was an investigation. Investigations do not start with fully armed law enforcement personnel wearing body armor and carrying tactical weapons. This was a medical office, not Bin Ladens hideout. Yet it was stormed as if it was a heavily armed compound full of terrorists, and everyone knows it was excessive unwarranted force against two citizens of this country.
Well Mr. Hudson I suggest you check your facts. As these doctors were not illegally prescribing narcotics and if the patient got hooked it’s not the doctor’s fault as the patient can choose not to take the medication and most definitely chooses to take the medication NOT as prescribed ,therefore,if they succumb because of an overdose they are accountable!! Furthermore, you obviously know NOTHING about these two doctors as you are implying they write prescriptions to make “big bucks”, that is not the reason they prescribe medications , it is to help their patients who have real need.
Two of the most compassionate doctors I know!
Yes Lynn believe it or not there are Doctors that illegally prescribe heavy narcotics with the sole intention of getting their patients hooked on the drug so they will continuously return for more medication. This equates to big bucks for the doctor. One way these doctors are discovered is by the rate of their patients over dosing. There have been a lot of good people who have sucomed to these type of doctors and one reason why prescription medication has surpassed the street drugs in over dosing. This may not have effected you or your family but that does not make it any less important.
Biscuit, tell us how long one of these investigations should last. How many experts are required and what is the back log on getting the information examined? These are things that may well take time.
So you are telling me because there are people stupid enough to misuse a prescription that the doctor should be help accountable? All a doctor can do is go by what they are told by you and the follow up test that they do. They are their to help with the pain and suffer of people. It is up to you to follow the directions of your doctor. If a doctor prescribes me medicine and I take half the bottle and I die, it’s his fault? No it is your fault. Everyone wants to blame someone else for their stupidity.
At Hudson,….4 years to do an investigation???? You gettin paid by the hour??? Give me a break man, this was ridiculous. These Docs got railroaded, plain and simple.
A Federal government official came to my home on 2 different occasions to question me about Dr. David and Dr. Michael, simply because I had once been employed at two facilities they also saw patients at. Neither time was I home when he lefy his business card, and I neglected to dignify the farce with a return call. I was appalled then, and appalled now that our government has the power to ruin an innocent persons life simply because they want to. My hats off to anyone who stands up for these fine men. I’ve seen first hand, how selfless and courageous they are, how compassionate they are, in a Healthcare world that has lost its compassion factor. I’m so proud of them both and our experience together was a privilege. Our government however, should be brought up on charges for the way they treated two of the best men I know, the very last of a dying breed of doctors who take their oath seriously, instead of looking for the payday. I jumped for joy when I heard this great news! My congratulations go out to them, and I know they will prosper…God will have it no other way…
Within the last month or so, four more doctors in four different states have also been “raided”. There is also a case in Texas. You have to wonder if our DEA is so overworked that they can only take on one doctor in each state or if maybe there is another reason for these raids. In the case in Texas, it appears the DEA is going after employees in the doctor’s office hoping to get the employees to turn on the doctor to get the DEA off their (the employees) butts. I guess our federal government and all their their three letter groups (FBI, CIA, NSA, DEA, etc) have decided they can do anything they want and “We, the people” are just going to sit back and allow they to go forward. There is something seriously wrong with our country.
I too remained with Dr. David Smith throughout the four year investigation. I have been seeing him for 25 years. He is an excellent doctor and even better person. He is the most compassionate person you will ever meet. His goal for many, many years has been to serve his community. A community that would have noone else, if not for him. I cannot believe how easy it is for the government to come, take our records and hold them hostage. Without any regard to the fact that the office keeps these records for a reason….to know my allergies, past medications, test results, etc. and for what? They found nothing! Thanks for putting my health on line for whatever reason it was.
I just noticed I misspelled the Represenitive’s name. My apologies to Represenitive Broxson.
Rep. Bronson this was an investigation. Investigations are called for in order to determine what occurred. There were several deaths attributed to the doctors prescribing practices that had to be looked at. The investigation was thorough and complex and in the end it was determined that the doctors actions did not rise to the level to bring charges. I hope you would not let your close affiliations stand in the way of a determination of fact whether there are charges brought or not. There were many questions concerning this practice and I hope now those questions have been answered. Now maybe people should write about the foolish waste of money that occurres when our legislature chooses to be disfunctional and fails to conduct the necessary business required of them each year.
So because of political reasons you now want to stand beside them just as you would have forgotten you ever knew them if they were found guilty.
Politics 101.
This abuse of state and federal power should be defined as constitutional rape. These two doctors were presumed guilty by the state and Feds without a shred of evidence to even establish probable cause. their files and records were seized, and then evidence was looked for. So what we have here is two United States citizens who were never innocent until proven guilty. This should bother you considerably. Another troubling question is WHO is the person behind the attempt at destroying these two United States citizens?
I assumed it was a personal vendetta and now that the damage has been done, the Smiths can have their lives back. How utterly, horribly tragic the families have endured this legal nightmare.
I have been seeing Dr. David Smith for 20 years and my parents went to him as well since 1985. What they did was beyond wrong. Not only did they hurt both father and son ( both great doctors) but what about all the people who depended on these doctors for their care? They forced me to start traveling to Pensacola for my care. What about the money we had to spend to travel all that way and the extra fees we were charged that Dr. Smith would not charge? I think everyone should get together and file a class action for the money and grief our Government caused us. I know we wouldn’t get much but the money isn’t the point. They can keep their money. I want my freedom back. Something we are all letting slowing slip away. And it we keep sitting back and do nothing it will be gone.
Just to clarify one of your statements Represenative Broxson- Not All of their patients found other physicians, there were a lot that stayed with them throughout the four year process!! And I agree with you Kevin their DEA license should be automatically reinstated!
While I appreciate you standing up for due process once it became politically viable in this particular case, what about everyone else?
Florida still has civil forfeiture laws that allow law enforcement to enrich themselves off citizens. The legislature can have a direct impact on that…if you’re all about due process and ending heavy-handed government.
Another case of government gone wild. The people involved in this “witch” hunt should be fired and jailed. Makes me sick to my stomach to see such abuse of power.
Mr. Broxson, Thank you for caring, but as a whole our own government is NOT our friend. QUITE the contrary. Our government more and more reminds me of Germany right before the Nazis came into full power. It is evil and Godless and does NOT have its citizens interest at heart. It is no better than the gangsters that harass and extort. They lie to us and steal from us and have no regard for our welfare. No more laws are needed. Some need to be subtracted, and we need ONLY those who will uphold The Constitution as it was written. America will fall, and soon, if she does not repent and turn to God. I do not want to hear any more, “God bless America,” but instead………..”America, bless God.”
Rep Broxson, where were you during the 4 years these pillars of the community were suffering due to the ill effects of the state agency responsible for this? You should have stepped in DURING this debacle, not after it’s already over. It’s plain to see your motive Representative.
They should sue for defamation of character, lost wages, preventing the public to be served, and as previously stated the idiots that instigated this should be fired, and never allowed to work or serve in any position of responsibility…
I’m curious. What led them to storm this office in the first place? Did they just throw some names in a hat, pull one out, and decide that’s who they were going after?
Too many laws. Meanwhile the Constitution is being reinterpreted into oblivion by commie, liberal judges. Here’s an idea Mr. Broxson, how about term limits for congressmen and judges? Career politicians are the aristocracy that the American people suffer under.
It is interesting that these two great guys have the honor and privilege of APPLYING for their DEA licenses again. DEA takes them away in this fashion and cant just reinstate? Sometimes I really hate being in the healthcare industry.
The level of abuse we go thru in an attempt to ease the pain and suffering is absurd.
I’m sure the states apology will come when the DEA prescription licenses is reinstated. Everyone involved in this debacle should be fired.
we don’t need anymore legislation Representative Broxson, quite the contrary. We have a U.S. Constitution that already addresses this. Surely you don’t believe that the same heavy handed government that tramples on the Constitution would be swayed by yet another law…