Judge: Herrera got raw deal

MONTGOMERY - A Montgomery circuit judge said Tuesday that he believes a former Gadsden doctor got a raw deal from a state licensing agency but he probably can't do anything about it.
Circuit Judge Johnny Hardwick said he believes the Alabama Board of Medical Examiners pulled an "end run" on Dr. Pascual Herrera Jr. when it reissued his medical license but not the accompanying license to prescribe controlled substances.

Herrera asked Hardwick to force the Board of Medical Examiners to reissue his Alabama Controlled Substances Certificate that he voluntarily surrendered in 2001 when a second state agency, the Medical Licensure Commission, revoked his medical license.

An ACSC isn't required to practice medicine but a doctor has to have a valid medical license to hold an ACSC. Herrera was accused of not following proper medical procedure and lost his medical license during the OxyContin scare in Gadsden. OxyContin is a powerful pain killer that can be legally administered only by prescription. When Hardwick ordered the Medical Licensure Commission to reinstate Herrera's medical license, his ACSC wasn't reinstated. The Medical Licensure Commission appealed Hardwick's ruling to the Alabama Court of Civil Appeals.

Hardwick admonished lawyers for the Board of Medical Examiners for investigating new complaints against Herrera after it ended its investigation that led to revocation of his medical license.

"You examined the doctor and brought charges and he was cleared," Hardwick said to the board's attorney, Patricia Shaner. "It bothers me."
Hardwick then told Herrera and his attorney, Al Agricola, that he doubts he has the authority to change a decision by the Board of Medical Examiners because Herrera's license was revoked by the separate Medical Licensure Commission.
Agricola wants Hardwick to make the Medical Licensure Commission part of the case and order it to return Herrera's ACSC.

"It comes down to what did you mean when you said restore him to his practice of medicine," Agricola said.

Hardwick indicated otherwise. "I don't think I've got that power in an administrative proceeding," Hardwick said.

Hardwick gave Medical Licensure Commission attorney Wayne Turner one week to submit his reason to deny Herrera's request and Agricola one week to respond.
A patient of Herrera's, who used to practice in Gadsden but now has a clinic in Leesburg, said the Board of Medical Examiners is not being fair.
"It's like I have a license to buy oil but I can't change oil," Leesburg service station owner Jeffrey Dodd said.

Patient Scot Livingston of Attalla said the state agency involved should have awarded Herrera the ACSC.