72 y/o James Cowan Jr., MD, a psychiatrist in Ridgewood, NJ, and one of the 31 doctors attacked by the government through the Board of Medicine in 2016, was arrested March, 2017. He was charged with 15 counts of knowingly or purposely distributing a controlled dangerous substance, (all schedule 3-5 psychological meds), one count of knowingly or purposely distributing a prescription legend drug, Azithromycin, one count of knowingly or purposely distributing a controlled dangerous substance–Subutex, and one count of knowingly or purposely distributing a controlled dangerous substance–oxycodone. After arrest processing, he was released pending a court date.
He initially received temporary suspension of his license in May, 2016 for indiscriminate prescribing of controlled substances, failure to keep proper patient records, and aiding and abetting the unlicensed practice of medicine by his wife, a licensed clinical social worker, for using his pre-signed prescriptions to dispense drugs like Adderall and Xanax to his patients supposedly while he was confined to a hospital and a nursing home March-April 2016. It is noted that Dr. Cowan reviewed the patient files at the rehab facility, so basically his wife simply handed the scripts to the patients that the doctor had reviewed. In that situation, it is perfectly legal for doctors to pre-sign scripts and for another party to give them to the patient. Again, the government is creating crime where there is no crime.
Undercover detectives from the Bergen County Prosecutor’s Office, went to Dr. Cowan posing as new patients and received Xanax and Adderall, which were the medications he was charged with “distributing”. The media tries to taint the picture by saying “in exchange for cash payments”. Since those medications are psychological, the determination for the prescription would be totally by history, not physical exam. And accepting cash in a medical practice is not a crime, although the government tries to make it look like it is.
In order to use Title 21 to confiscate the doctor’s assets, the head of the state Division of Consumer Affairs, Steve Lee, said, “Prescription drug addiction is a nationwide issue and we will not tolerate members of the medical community contributing to the problem by putting drugs into the hands of patients who don’t legitimately need them.” And where is Mr. Lee’s medical degree so that he can determine that? But that is how the government confiscates doctors’ assets. Dr. Cowan is a perfect victim. And to add to his problems, the government raid on his home and office occurred while he was hospitalized. Were they trying to murder the doctor through stress? It’s quite possible, especially if they could still confiscate his assets without a trial. Personally, I think this entire attack is tainted with illegality. But remember, the government is above the law. That is something we have to change.