Richard Kondan, DO, 58, of Doylestown, PA was arrested in March and charged with felony violations of the “Drug Act”, according to the media. This is possibly referring to Pennsylvania’s Controlled Substances, Drugs, Device, and Cosmetic Act of 1972.

But let’s look at this attack on another courageous physician willing to put his life and family on the line to take care of patients.

Who is Richard Kondan, DO?

Dr. Kondan is another Caucasian American physicain, out of the norm for government attack, which means they are after his money.  He graduated from Kansas City University College of Osteopathic medicine in 1990 and did a residency in Internal Medicine at Abington Memorial Hospital. He has practiced internal medicine for over 31 years, and is a member of the American Osteopathic Association. It’s time for medical associations to step up to the plate and work for their members being fraudulently attacked.

What Are the Charges?

Dr. Kondan has been charged with fourteen felony counts of Unlawful Prescription ons/DDC_Act.pdf)of a Controlled Substance by a Practitioner.

Most of the published government accusations can be easily countered with standard medical protocols followed by all physicians across the country.  But there’s the rub. Since all physicians follow these same practice protocols, all doctors are potential victims of government overreach.

Here are the statements by the government followed by my assessment:

1. “Prescribing medications such as oxycodone outside his legal and ethical practice of medicine.

A:  If he is registered with the DEA (and Commonwealth if required), then any opioid prescription written for a patient is legal. Ethical conduct is a subject for the Board of Medicine, not the District Attorney’s office.

2. “Prescribing highly addictive opioid medications to at least fourteen patients between November 2017 and September 2019.

A: First, end the propaganda that opioids are “highly addictive”. This is government-driven propaganda just so they can attack doctors like Dr. Kondan, to confiscate his assets.  It’s all about the money.  Second, if the prescriptions were for patients, as stated in the charge, then there is nothing illegal being done.

3. “Failing to prescribe controlled substance in accordance with accepted treatment principles.

A:  This “accepted treatment principles” is a phrase in the Pennsylvania law that is similar to the federal “usual course of practice”.  But the legality of medicine has never—until now—been based on forcing doctors to stick to certain “accepted” treatment principles or be charged with a crime.  All advancement in medicine has been the result of doctors thinking out of the box and doing something outside the standard of care.  It has always been an accepted principle in medicine that you can explain the standard of care to a patient, and if they agree with the diversion to a different path, the doctor will not be held professionally accountable.  This attempt on the government’s part to use standard of care against doctors in criminal court to confiscate their assets is the beginning of the end of advancement in medicine.

4. “Failure to keep accurate medical records supporting the controlled substances he prescribed.”

A:  Medical records were developed to cover the charges to insurance, to show that a visit occurred to receive payment.  The government has now turned medical records into a tool to use against doctors in court.  There is no way to record every decision or thought the doctor has.  Most information and decision making is done mentally. As long as the patient is seen by the doctor, evaluated, and treated, nitpicking the record should not be allowed in criminal court.

5. Increased dosages of oxycodone without noting appropriate medical justification.

A:  Answered by the same reasoning for question #4. The doctor’s decision-making is mental following a verbal exchange with the patient, and should not be criminalized.

6. Authorized refills without physical examinations or office visits.

A:  Since the need for continuing medications that have to be renewed monthly due to federal law is usually determined by a verbal exchange with the patient, a monthly physical exam is not necessary. Prescriptions can be refilled every 30 days for 3 months without an office visit.

7. Regularly prescribed dangerous combinations of oxycodone and other prescription medication.

The “dangerous combinations” ploy is another government propagandized falsehood in order to get physicians convicted in court.  For example, opioids and benzodiazepines have been prescribed together for 30+ years without significant problem.  But due to government propaganda, it is now a criminal offense to do what has been done safely and effectively for 30 years.

8. These “reckless prescribing practices have been in effect for as long as sixteen years”.

Sixteen years ago doctors were being encouraged to prescribe opioids. Pain was the 5th vital sign, and doctors could be sanctioned for NOT prescribing.  Just because the pendulum has swung due to government desire to attack doctors for money doesn’t end the doctor’s knowledge that opioids are necessary and safe for patients in pain.

Comments by Government Authorities

District Attorney Weintraub stated “We trust our physicians with our health and in many cases, with our very lives. A doctor’s oath is to “do no harm.” And that is exactly what Dr. Kondan is doing by appropriately treating his patients with pain, in spite of the threat of government attack.

Weintraub’s statement  “Dr. Kondan’s alleged conduct has endangered the very people he was sworn to make well,” is a complete lie. In fact, it is DA Weintraub’s actions that endanger the people he has sworn to protect.

Attorney General Shaprio stated: “Dr. Kondan used his position of trust and authority to recklessly prescribe addictive medications that are fueling the opioid crisis in Pennsylvania.”  The truth is that government attack on good physicians like Dr. Kondan is what is sending people to the street for treatment fueling the opioid crisis.  Shapiro should be the one going to prison, not the doctors.

Shapiro also states that 12 Pennsylvanians lose their lives each day and that they will “hold individuals accountable who put the lives of others at risk.”  So turn yourself in to the nearest police station, Mr. Shapiro.

Addendum:

Dr. Kondan pleaded guilty in March, 2002 and was sentenced to 2 to 5 years in state prison.

To end these attacks, restore pain management, and provide compensation to all the families that have been destroyed by government overreach, we must get the Controlled Substance Act repealed.  Join Doctorsofcourage to get that done. Learn what we teach and spread the word.  NO DRUG CAUSES ADDICTION!! Let’s end the War on Drugs, Doctors and Pain Patients, end the black market, solve the southern border crisis, and restore proper pain management.  It CAN be done! 

Addendum:

I have failed in my mission to end these attacks on doctors and pain patients. Through John Bevere’s book The Bait of Satan, I have figured out why—my lack of forgiveness to those who attacked me. As in Mark 11: 24-26:

Therefore I say to you, whatever things you ask when you pray, believe that you receive them, and you will have them. And whenever you stand praying, if you have anything against anyone, forgive him, that your Father in heaven may also forgive you your trespasses. But if you do not forgive, neither will your Father in heaven forgive your trespasses.

And when you do not do the will of the Father, you are estranged from him and he will ignore you.  So we all must forgive the agents who attacked us in order for things to be made right through any of our works.

Jesus said

“Greater love has no one than this, than to lay down one’s life for his friends.”

But we cannot lay down our lives for God unless we know Him well enough to trust Him. We must have the assurance that He would never do anything to harm us. He always looks out for what He knows is in our best interest. As a nation, those of us suffering from these attacks must understand that we are serving as God’s messengers of love.  We must forgive those who persecute us and love them instead, following God’s will for us. Then and only then will we see fruits from our labor.

So I hope that everyone who has suffered from what happened to Dr. Kondan can trust the Lord, forgive those who have hurt you, and help bring this country back to the God-fearing country that our forefathers founded. Then, and only then, can you be a part of the effort to stop these attacks. I look forward to that day.