Here is the question to be answered: How do you fight the power of the federal government?
This is a case that I really haven’t formed my opinion on. But in spite of the charges, I still have reservations in deciding this doctor is guilty of the hearsay “evidence” against him. I would appreciate the knowledge of others who knew him—his wife, family, patients—to fill in the blanks as to the truth. (see comment at end of post to answer this)
But even if he is guilty of the “hearsay” evidence, to charge him criminally using the Controlled Substance Act (CSA) is still illegal government overreach into medicine. And the words used by the prosecution and judge in this case is actually making the situation worse and opening the door to more vague attacks on any physician.
Ricky Houdersteldt, MD’s case
Ricky L. Houdersheldt, DO, 68, of Hurricane, West Virginia was convicted August 10 of 17 counts of illegal distribution of controlled substances after only a 6-day trial.
Dr. Houdersheldt was one of 13 people, 11 of them physicians, who was indicted on charges September, 2019, as part of the Appalachian Regional Prescription Opioid Strike Force. APCO was formed in October, 2018 and has over 70 indictments to its credit, with 9 guilty pleas from medical professionals.
Dr. Houdersheldt was charged with violation of Title 21, USC, Section 841(a)(1).
Section 841(a)(1) states:
§841. Prohibited acts A
(a) Unlawful acts
Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally—
to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance;
The “except as authorized” refers to
§829. Prescriptions
(A) The term “valid prescription” means a prescription that is issued for a legitimate medical purpose in the usual course of professional practice by—
(i) a practitioner who has conducted at least 1 in-person medical evaluation of the patient;
(B)(i) The term “in-person medical evaluation” means a medical evaluation that is conducted with the patient in the physical presence of the practitioner, without regard to whether portions of the evaluation are conducted by other health professionals.
The intent behind §829(A) when the CSA was written was to exempt physicians treating patients. Multiple Supreme Court decisions have supported that. But the government has taken this phrase and turned it against doctors by stating in their indictments, that the doctor prescribed without a legitimate medical purpose outside the usual course of professional practice. But then the government agents can’t state what is “legitimate”. They even admit on the witness stand that they can’t “because they aren’t doctors”. You see, the CSA even states that only the doctor can determine what is legitimate medical practice.
So doctors can only be convicted on innuendo and propaganda. But the government succeeds 98% of the time. How can this be?
The federal government initially charged that Dr. Houdersheldt had met with a female patient outside the office at various locations, including gas stations and dollar store parking lots, to write medically unnecessary prescriptions for Percocet or Codeine.
The woman, by the government’s own words, was a “patient”. So by the description of the CSA above, only the doctor can determine what is legitimate. This particular woman had been a patient for over 3 years. And during that time I’m sure she had a physical exam to determine the need for pain meds. In the course of the 6 prescriptions he was being charged with, they were simply continuing established treatment. 150 pills of Percocet or codeine over 6 months is not an abusable amount.
And then the government adds that these prescriptions were to “establish a sexual relationship”. Come on… give me a break. A 68 y/o married physician having to give a woman 2 percocets/day for sex? I don’t think so. And then he met the patient in the open in store parking lots. Sounds more like he was a compassionate physician from years gone by, when your “relationship” with a patient meant that you did what you needed to do to help them. And if she couldn’t get in to the office, it sounds like he went out of his way to be helpful.
Now it is really easy for the government to get witnesses to testify to whatever they want. All they have to do is threaten the witness with charges of drug possession/distribution, and they will be singing canaries. That seems more likely in this case than a woman selling sexual favors for a couple of Percocet.
In other charges, Dr. Houdersheldt was charged with being “outside the scope of professional practice and without a legitimate medical purpose because his prescriptions were higher than the 90 mme’s “recommended” by the Centers for Disease Control, including dangerous combinations, referring to the “Holy Trinity” of an opioid/benzodiazepine/Soma combo. The attack on this combination is purely government-created for conviction purposes. Patients have been on this combination of medicines for 20+ years without any poor outcomes. Again, the medical decision is the doctor’s alone, not the government’s.
Now the worrisome takeaway from this conviction is the extent to which the government is moving to practice medicine in the court, giving the DOJ license to say what isn’t “legitimate”. An example of the broad range being introduced is in Judge Robert Chambers’ remarks at the hearing on Mar 2, 2020. Judge Chambers states in his ruling that
“21 U.S.C. § 841(a)(1), which makes it unlawful to distribute controlled substances outside a range of narrow exceptions.”
This statute doesn’t have a “range of narrow exceptions”. The only exception is that the prescription is written by a doctor for a patient. But now this type of precedent comment in court allows for all kinds of interpretation in future cases, which can claim anything they want to be “outside the range of narrow exceptions” that don’t even exist. People—wake up. The jury pools of the country need to understand the truth, not make decisions based on government “propagenda”.
And we need to get the legislature to repeal the Controlled Substance Act, as its entire purpose was to disenfranchise minorities and hippies, and build the prison population.
Someone who knows Dr. Houdersheldt, but is not a patient or has any personal reason to lie has informed me that he is innocent of the government-created lies. So my opinion is correct, that anoother innocent doctor has been targeted and convicted by government misconduct. People need to get on board the action that will stop these atrocities–what we teach here on DoC. Until then, the suffering will continue.
Addendum
Dr. Houdersteldt was supposed to be sentenced in December, 2020 but there were some problems identified in the trial that caused two of his convictions to be reversed. There is no word as to where things stand. So we wait.
Linda Cheek is a teacher and disenfranchised medical doctor, turned activist, author, and speaker. A victim of prosecutorial misconduct and outright law-breaking of the government agencies DEA, DHHS, and DOJ, she hopes to be a part of exonerating all doctors illegally attacked through the Controlled Substance Act. She holds the key to success, as she can offset the government propaganda that drugs cause addiction with the truth: The REAL Cause of Drug Abuse.
Get a free gift to learn how the government is breaking the law to attack your doctor: Click here to get my free gift
from the justice.gov website: On January 8, 2021, defendant Houdersheldt was sentenced to 60 months’ probation and was fined $200,000.
Is he still working? still in the TV area? I would like to see him again.
Dr. Houdersheldt has been our doctor for over 20 years……he caught my husbands colon cancer just in time or my husband wouldn’t be here right now with me. He had compassion but at the same time let us know that we had no time to waste and that it had to be taken care of NOW. i THANK GOD for Dr.houdersheldt! He is a caring doctor and has such compassion for his patients. If you ever needed to talk to him he listened. He never ever rushed us. He WAS very thorough and keeps on until he gets to the bottom of what was causing me to be so weak and not being able to walk the way i should have been walking and i was so tired and restless…HE DONE THE RIGHT TEST AND FOUND OUT THAT I HAD A VITAMIN DEFICIENCY AND IT WAS THE LOWEST THAT HE HAD EVER SEEN. Dr. Rick Houdersheldt is one of the best doctors that we know. I still have not been able to find a doctor to take me as a patient that was so kind to me & my husband as Dr. Houdersheldt was. We want our doctor back!!! PLEASE BRING HIM BACK TO US!
Dr Rick treated my wife for over 25 yrs, and during this time I witnessed many examples of his compassion. If his compassion was the reason he has been charged with this crime, it is a shame.
“No good deed goes unpunished”. I felt when all this came about, that it was in response to pressure of the Opioid crisis in WV. A scapegoat or goats had to be identified and prosecuted.
I would rather see local communities purged of the illegal drug deals that occur regularly with little challenge. Citizen in local communities are aware of where the dealers are, but for some reason they are allowed to continue.
The DEA now has the philopsophy “Go to where the money is and the guns aren’t”. As long as doctors are convicted in court and all their assets distributed to those who assisted in the attack, this will not end. We have to stop the convictions in court, and that is only through learning the truth that I teach–drugs don’t cause addiction. Get behind us and support us if you want opioids in the future.
Dr Houdershelt treated my wife and myself since 1985 he is a great doctor and served us very well there is no way he is guilty of any of these charges.
I have been a patient with dr houdersheldt for years; he also treated my mother who died of cancer, my father who died of heart dosease, my youngest brother who died of Croin’s disease and cancer, he also treated my aunt. I am 72 years old and now trying to find a new doctir, WHICH I CANNOT. I have bilateral carpal tunnel, total knee replacement, arthritis, severe gout, high blood pressure, psoriasis and other problems. He treated me, gave me scripts, etc. I was tested with a saliva strip, blood work, pill count, and regular monthly office visits. He is a kind, considerate, caring doctor. I certainly do not believe he did these things. I worked 17 1/2 years in state government (7) for the attorney general’s office and 17 years at Jackson & kelly law firm. I trust dr houdersheldt completely, with my life. GIVEN A BACK MY DOCTOR.
As part of the system causing this atrocity, how about coming on board to help create the change that is needed to get pain management back? You should recognize the fact that the justice system has gone rogue, and it is “all about the money”. Help expose this to the rest of the nation. If you aren’t a part of the solution, you are part of the problem.
Dr rick houldershelt has treated me since 06 07 hes a great doctor and always have took care of my medical needs and i wouldn’t and dont want another doctor treating me although i have been without some of my important meds since all this and no not pain killers either or any bad meds ive had knee surgerys have liver problems many other problems thats just a few now iam months waiting for covid 19 to end and get treated now iam waiting again they defintly took a great doctor out of practice and and innocent doctor hes a very nice and helpful man and would sit and talk if it was about medical or if u was just having a bad day or week he would listen so free dr houldrsheldt
OK. Enough people have responded to my request for information to confirm that Dr. Houdersheldt was innocent of all charges, and is another victim of gross government misconduct. So how did this happen? Because he didn’t come to us for the advice and knowledge that we can offer. He (and his patients) didn’t get me to speak before groups in the area to teach the masses the truth about drug addiction to end the propagenda of the government. If you are a doctor or a patient under attack anywhere, understand that we have the only avenue of escape from this rogue government action. And if you don’t use us and join us, your doctor might be spending possibly the rest of his/her life in prison.
I have been Dr Ricks patient for some time . He’s a wonderful Dr . He’s helped me with my Arthritis and Gout . I also have a LP Shunt . He’s Very good Dr . He Helped me get my knee Replacement. Put me in good hands . He’s been there for me and my Husband James with Diabetes . We are One Big Family in His Office . I don’t won’t other Dr we love Dr . Rick Houdersheldt and his family . We love you Rick stay strong.
I want to say that Dr. Houldersheldt is a great Dr. He saved my life in 2011. I wouldn’t be here if it wasn’t for him. He is the best Dr anyone could ask for. Always ready to help save his patients. I died of H1N1 in 2011 and he brought me back. I am setting here writing this now because of Dr Houldersheldt. He has always be kind, caring, and concerned about his patients. He truly cares about all of us.
I am a patient of Dr. Rick Houdersheldt and I know based on No doubt in my mind that this is an overreach on my Doctor. I have been with him since 1982.. and I would Never consider going anywhere else.. my Daughter and my son and a long time friend goes to see him.. so why would I let my family and friends go to see him if I thought for a moment that this was true.. the government has interfered with Dr Houdersheld’s life as well as his patients and that is why this needs to stop.
If I were prescribed a pain pill .. and I am 59.. the next time I saw Dr. Houdersheldt I had to be tested for that medication.. they put a test strip in my mouth..
So at 59 yrs old the government took my Doctor away.. now we all are fighting to get him back and this should have never happened.. This is Pure Government Overreach. Let the Doctors be doctors.
As a former employee of Dr Houdersheldt, I have to say none of this is true! He is the most intelligent doctor in the area. Other doctors send their patients to him when they cannot figure out what is wrong with them. His patients are not a number to him, they are more like family! If not for him my father would most likely not be alive today! Dr houdersheldt is a father figure to me! He only wants to help and care for his patients! His patients love him. I’ve always said, his office is where friends and family meet! Him, his wife, and daughter are my family! I love them dearly! And I have stood by their side through all of this, from the day he was wrongfully arrested, and I’ll be by their side until this is all over! He’s the most wonderful doctor, human being, friend, and Christian. To see him be hurt, and drug through this mess just breaks my heart. I know him, and I know he would NEVER push pills on anyone. We will see justice served for all of these wrongfully charged doctors who just want to make their patients have a better quality of life!
Make sure you go to his attorney and claim your position as his witness. So when the government corners you, there should be some form of legal action you can take so that they can’t threaten you. I believe that when a witness is examined by the opposite party, both attorneys have to be present. Check on that and let me know what you learn. All doctors need to learn how to make their employees THEIR witnesses so the government can claim them and then force them to commit perjury.
Dr Rick is irreplaceable…he has been my family’s doctor for 3 generations…loosing him as my doctor has been like loosing a family member for me…he has nursed me back from many tragedies… I don’t know if I would be here today without him…everything about this whole situation smells of set-up… I believe that a great man has been crucified for some agency to tout that they are fighting the fight against the opioid crisis…Dr Rick would have never over prescribed…he treated me for migraines and was very very prudent in prescribing pain meds for me…which I totally admired…mom was another one that could have been over prescribed for pain but he was prudent with her too…Dr Rick has been wrongly treated by the government…it sickens me to see this done to him as a man …as my friend and as my doctor…the system that has done this to him is as abusive as the drugs it is seeking to eradicate …the system just has a legal system backing it up to destroy his life…Dr Rick’s patients are the roadkill of an out of control system trying to show off their power…Dr Rick needs justice…
I’ve known Dr. Houdersheldt for 13 years, as a patient and good friend. He gave me instruction on how to file for medical disability I was 62 years old at that time. He also referred me to another physician that was closer to where I live.
I personally know he’s a very caring man that is very giving to his community and churches.
He would never be one those doctors that pushes pills. His reputation is his life and this instance has divestated him and his family. This is clearly an over reach of government interference.
Thanks for the confirmation. Try to get me some speaking engagements in the area. Churches, fraternities, hospitals, schools, etc. I’ll speak anywhere–live or virtual.
Dr. Houdersheldt is a great doctor. We are so blessed to have him here in Putnam County. He is a very thoughtful and caring person and always takes time with each patient. I think it’s terrible that he is being blamed for this. He has helped so many people in all his years of practice (I have been going to him over 30 years) I don’t want another Doctor, I am too old to start looking for another Doctor. I am 68 and just want my family Doctor back. Doc treats my whole family. When we go to his office it’s like a family reunion everyone knows your first name You Are Not Just A Number. If you have a problem Doc always says “now if you need me don’t be afraid to call”. How many Doctors would want to be called after hours? Rick Houdersheldt loves his patients as much as we love him. We all need him back. So many of us have blood pressure and many other problems and need our medications. With this Covid 19 Virus I just wonder how easy it would be to get a new Doctor?
I have been a patient of Dr. Houdersheldt for 30 years. I find this entire situation appauling and offensive. Dr. Houdersheldt is one of the many doctors that has been wrongfully accused. He has been invloved in helping to establish a hospital in our county, he is a professor, he teaches intern students – and of all the intern students that I have met throughout the years in his office, have all been intrigued with his teaching and how he knows his patients so well. Dr. Houdersheldt IS NOT a pill pushing Doctor. Dr. Houdersheldt has a true calling to be a doctor. He is blessed with his nature to help others and has true compassion. I am tired of the government and the insurances turning doctors into managers and not allowing them to do what they spent many years learning to do. Yes there are bad doctors as there is bad in all professions we just need to weed them out. Starting with the government. They are only interested in making a name for themselves and they don’t care who they take down in the process. I pray for justice to prevail in this case as Dr. Houdersheldt is a wonderful God fearing man who is a rare find in today’s society. May God bless him and all the good doctors in this world.
Thank you for your confirmation of what I suspected. Bottom line in this day and age, Compassion = prison cell.
I’ve been a patient of his since about the time he started his practice, around 35 years. He’s a caring and active physician with his patients. He’s always interning a medical student while fully explaining your physical condition. Dr. Houdersheldt has always suggested a more natural way of helping ones condition instead of throwing pills at you. As with any physician some people like him and some do not. However to say he’s guilty of being irresponsible with medical drugs(parking lot prescription) is completely fabricated and the coat tail draggers who wanna be a judge have used all methods of the press to make their case. With the opioid cases in WV in the past have shown thousands and thousand of pills by a physician and drug store, this particular case is not even in the same league. Federal prosecutors have been allowed to do anything to make a case and have ruined many lives in the process without fear of reprocussion. This has to stop. No one has mentioned what happens to his other hundreds of patients. Coat tail draggers and ladder climbers need to be held accountable
Thank you for your confirmation of what I suspected. Sex charges are always hard for a man to fight, because it’s a “he said–she said”. Juries just don’t understand what the government does to their potential witnesses to get them to perjure themselves against an innocent defendant. God will have to be the justifier.