An Iowa doctor is seeking a court order requiring pharmacies to fill prescriptions for hydroxychloroquine and ivermectin to treat COVID-19.
Bettendorf emergency medicine physician Dr. David Hartucci is seeking the order as part of a civil lawsuit against the Iowa Medical Board and the Iowa State Board of Pharmacy in Scott County District Court.
Hartucci, a former Republican state senator, said two licensing boards have determined that patients can use “certain lawful prescription drugs” (his lawsuit refers to ivermectin and hydroxychloroquine) to treat COVID-19. He claims that he tried to dissuade him from receiving the money.
Before:Some customers at an Iowa farm store are seeking the unapproved animal deworming drug ivermectin to treat COVID-19.
Two weeks ago, the Journal of the American Medical Association published a study stating that approximately 1 in 20 U.S. adults reported using ivermectin or hydroxychloroquine to treat COVID-19. However, neither drug is approved for use by the FDA.
Ivermectin, a veterinary drug used in horses, is sometimes given to humans to treat infections caused by parasites. In 2020, hydroxychloroquine was briefly approved by the FDA to treat COVID-19, but clinical studies found the drug was ineffective and could have serious side effects. As a result, the authorities withdrew the license.
Mr. Hartucci’s dispute with two state licensing boards dates back to March 26, 2020, when the two boards ordered all state-licensed physicians and pharmacists to use hydroxychloroquine and azithromycin in the treatment of COVID-19. emailed a statement discouraging the use of. Mr. Hartucci successfully petitioned the medical boards to reconsider the issue, and on September 11, 2020, both boards issued an amended statement stating that doctors can prescribe drugs without facing disciplinary action. claims to have done so.
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In October 2021, one of Hartucci’s patients filed a complaint with the Board of Pharmacy, alleging that Hartucci prescribed ivermectin, but the eastern Iowa pharmacy subsequently refused to fill the prescription. The complainant said he asked the pharmacist to sign a document evidencing her refusal. After the pharmacist refused, the complainant contacted Hartucci, who called the pharmacy to inquire about the matter.
No public action was taken following the complaint, but several months later, in January 2022, the Iowa State Medical Board began investigating Hartucci.
Cedar Rapids man denied ivermectin at pharmacy
The investigation into Hartucci focused on three charges, according to court records. One, he acted in an unprofessional manner when dealing with Walgreens pharmacists. That he spread misleading information about COVID-19 and its treatment. And he was prescribing drugs for off-label use that were not approved by the FDA to treat COVID-19.
In October 2022, the medical board concluded its investigation and sent Mr. Hartucci a confidential warning letter reprimanding him for raising his voice at the pharmacist. Two months later, Mr. Hartucci filed suit against the board, asking a judge to order the board to remove the warning letter.
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Hartucci claimed in his lawsuit that the warning letter violated his free speech rights and made him “terrified of communicating with pharmacists at all.” He also claims he has not worked in emergency medicine since July 2022 and that the letter prevents him from obtaining malpractice insurance and returning to work.
The lawsuit claims that only through court intervention will Hartucci be able to explain to future employers that the discrepancy in his work history is entirely due to a “rogue medical board operating outside of his jurisdiction.” are doing.
Injunction would force pharmacies to write prescriptions
As part of the lawsuit, Mr. Hartucci asked the court to expunge the warning from his “unique record” and to permanently end the case so that he can “resume the practice of medicine without room for fraud.” I asked him to let me do it.
The lawsuit also seeks an injunction requiring Iowa pharmacies to “fill prescriptions for hydroxychloroquine and ivermectin like all other prescription drugs.”
Hartucci told the Iowa Capital Dispatch on Monday that his lawsuit is aimed at forcing the board to “stop threatening doctors and allow doctors to prescribe off-label drugs. That’s all there is,” he said.
As part of the lawsuit, the medical board denied Mr. Hartucci’s request for access to investigative files on him, arguing that the confidential warning letter did not constitute a disciplinary action to disclose such records. The court recently rejected this argument, stating that the commission “cannot avoid judicial review by including disciplinary action in a confidential warning letter intended to conclude an investigation without initiating disciplinary proceedings.” Stated.
In July, the Hartucci Medical Association attempted to resolve some aspects of the dispute by removing the word “warning letter” from an October 2022 letter to the doctor, which erased its disciplinary nature. Dr. Hartucci told the court that the medical association’s initial action was unreasonable. There was a gap in his work history and his “professional reputation was seriously tarnished.” He claims the warning letter is “akin to a professional scarlet letter of public humiliation”.
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In an interview with the Capital Dispatch, Hartucci noted that the Iowa Medical Board has publicly acknowledged that it is investigating at least 17 Iowa doctors for allegations of misinformation related to the coronavirus. He contrasted Iowa’s position on these issues with that of neighboring Nebraska’s licensing board.
“In fact, the Nebraska attorney general issued a statement saying, ‘Physicians have the right to treat and prescribe off-label drugs, and medical boards cannot intervene,'” Hartucci said. “Physicians treated the coronavirus in that state. As a result, the case fatality rate here in Iowa was 37% higher than in Nebraska, even though they are very similar states and have similar populations. In our state, if you contract the coronavirus, you are 37% more likely to die as a result. Because I am.”
October 2021, Nebraska Attorney General Douglas Peterson expressed an opinion It states that “the mere fact that a person has prescribed ivermectin or hydroxychloroquine for COVID-19 does not cause our office to apply for disciplinary action.”
According to federal data collected by the U.S. Centers for Disease Control and Prevention and compiled by Worldometer, Iowa has had 1,058,274 cases of coronavirus and 10,797 deaths. Nebraska has 574,399 confirmed cases of coronavirus and 5,063 deaths.
These numbers suggest that just under 1% of Nebraskans infected so far have died. Just over 1% of infected Iowans have died.
Mr. Hartucci served as a state senator from Bettendorf from 2007 to 2010 and ran unsuccessfully for a seat in the state House of Representatives in 2008.
Dr. Chariton reports ‘false’ investigation
In July, another Iowa doctor who advocated the use of ivermectin said: Dr. Molly James of Chariton, in a post on Twitter’s successor X: There are no accusations of wrongdoing. They just hold threats over their heads to keep them quiet. For supporting patients hospitalized with the new coronavirus with severe symptoms. ”
She also posted, “After 18 long months… today I was marked clean by the medical board.”
Since the outbreak of COVID-19, James has gained national attention in some conservative circles. Promotion of ivermectin and hydroxychloroquine For publicly criticizing Dr. Anthony Fauci, the Biden administration, and many of the medical establishments in general for treating the virus and helping lead the coronavirus response under Presidents Donald Trump and Joe Biden. against.
At the beginning of this year, Published in Lancet magazine It was touted as the most comprehensive state-by-state analysis of the impact of COVID-19 in various states. The study found that states that voted heavily Republican in the 2020 presidential election had a disproportionate number of coronavirus cases, and that states that imposed more vaccine and mask mandates had lower infection rates. was shown to be low.
search this story in Iowa State Capital DispatchIt is part of States Newsroom, a network of newsrooms supported by a coalition of grants and donors as a 501c(3) public charity. The Iowa Capital Dispatch maintains editorial independence. If you have any questions, please contact editor Kathy Obradovich.[email protected].