William Hedrick v. State of Indiana

124 N.E.3d 1273
CourtIndiana Court of Appeals
DecidedMay 29, 2019
DocketCourt of Appeals Cause 18A-CR-1945
StatusPublished
Cited by3 cases

This text of 124 N.E.3d 1273 (William Hedrick v. State of Indiana) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
William Hedrick v. State of Indiana, 124 N.E.3d 1273 (Ind. Ct. App. 2019).

Opinion

Riley, Judge.

STATEMENT OF THE CASE

[1] Appellant-Defendant, William Hedrick, M.D., (Hedrick), appeals his conviction for three Counts of forgery, Level 6 felonies, Ind. Code § 35-43-5-2 (d), and three Counts of registration offense, Level 6 felonies, I.C. § 35-48-4-14(b)(2)(C).

[2] We affirm.

ISSUES

[3] Hedrick presents four issues on appeal, which we consolidate and restate as the following three issues:

(1) Whether the trial court erred by admitting certain evidence;
(2) Whether the State presented sufficient evidence beyond a reasonable doubt to support Hedrick's convictions; and
(3) Whether the three forgery convictions violate the continuous crime doctrine.

FACTS AND PROCEDURAL HISTORY

[4] Hedrick is a licensed physician in the state of Indiana. He is also certified by the American Board of Pain Medicine in physical medicine and rehabilitation. In 2008, *1276 Hedrick established his own medical practice, where he specialized in pain management, and had several offices, including one in Muncie, Indiana. As his practice grew, Hedrick networked with other doctors. At its peak, Hedrick's practice had 250 employees and sixteen medical providers, including doctors and nurse practitioners.

[5] On February 28, 2013, and March 28, 2013, the Indiana Medical Licensing Board (the Board), held a hearing concerning a disciplinary complaint filed against Hedrick. On April 2, 2013, the Board issued a detailed Order that found three violations of Indiana Code section 25-1-9-4. Specifically, the Board concluded that Hedrick had violated: (1) I.C. § 25-1-9-4(a)(4)(A)(ii) when he failed to keep abreast with current practices when he administered steroid injections beyond what has been deemed medically acceptable; (2) I.C. § 25-1-9-4(a)(4)(B) when he failed to apply current theories of appropriate pain management to the treatment of his patients; and (3) I.C. 25-1-9-4(a)(4)(B) when he failed to adequately supervise his nurses and physician assistants. Because of these violations, the Board placed Hedrick's medical license on indefinite probation, and it established a list of terms and conditions that included monthly reporting, continuing training, and a fine.

[6] A medical practitioner who holds a registration number issued by the United States Department of Justice, Drug Enforcement Administration (DEA), and a Controlled Substance Registration license issued by the state of Indiana, may prescribe "Schedule II through V drugs" to patients. (Transcript Vol. II, p. 204).

[7] In October 2013, Anita Doctor (Doctor), a nurse practitioner, began working at Hedrick's practice. Doctor primarily saw patients for pain management treatment, including "prescribing opioid pain medication." (Tr. Vol. II, p. 206). In mid-November 2013, Doctor witnessed two other nurse practitioners writing prescriptions for patients seen by Hedrick, but whom they had not seen themselves. Before leaving Hedrick's practice in April 2014, Doctor had observed several instances where patients were receiving opioids without going through a substance-abuse screening procedure. She also noted that several patients "receiv[ed] more than 60 morphine equivalents a day," which under Indiana and federal guidelines, requires close monitoring of the patient. (Tr. Vol. II, p. 211). When Doctor attempted to wean those patients from the pain medication by prescribing muscle relaxers or nerve medications, those patients would try to see another nurse practitioner. Doctor also witnessed a nurse practitioner sign a prescription and hand it to Hedrick, who then gave it to a patient. When Doctor inquired about that anomaly, she learned that Blue Cross Blue Shield insurance company would not reimburse patients seen or treated by Hedrick. The practice also posted a list of all the insurance companies that would not reimburse Hedrick.

[8] After Doctor left Hedrick's practice, Doctor learned that employees from Hedrick's practice continued to use her name and DEA registration number to prescribe controlled substances. Specifically, on May 1, 2014, someone other than Doctor signed two prescriptions, one for Morphine and one for Percocet ; on May 8, 2014, someone other than Doctor signed a prescription for Morphine that listed Doctor's credentials; and on November 26, 2014, someone other than Doctor called in a prescription for Tramadol at Walgreens.

[9] In November 2013, Elisabeth Buchanan (Buchanan), a nurse practitioner, began working at Hedrick's practice. Each week, she operated as a nurse for four days, and for the remaining day, she was *1277 the chief operating officer. In December 2013, Buchanan learned that Hedrick's practice was in financial trouble. For instance, Buchanan learned that Fifth Third Bank was considering calling a note due, and that Hedrick had hired a consulting firm to look at the practice's financial books so as to improve the stability of the organization. The consulting firm sent an email to Hedrick's staff stating that the practices of the chief finance officer, Greg Lutz (Lutz), should be lauded since he had renegotiated monthly payments to American Express down to $ 5,000 a month from $ 25,000. In January 2014, Buchanan indicated to Hedrick that she wanted to resign, but she later changed her mind.

[10] On August 26, 2014, at approximately 8:00 a.m., Buchanan sent an email to Hedrick and a few other staff members, expressing concern that other people were using her "DEA# ... for numerous prescriptions [ ] both scheduled and unscheduled," drugs that she had not specifically prescribed. (State's Exh. Vol. II, p. 175). Buchanan also raised a concern that one patient who had a history of mental illness and whom she had seen on June 14, 2014, had thereafter been seen by two other nurses in a span of five weeks and had been prescribed a total of "330 oxycodone." (State's Exh. Vol. II, p. 176). When Buchanan received no response to her email, at around 10:00 a.m., she wrote to the entire clinical staff and stated

I just wanted to take a moment and ask that everyone PLEASE check the prescription for which you are signing and make sure they are yours.
I have had over [fifteen] patients alone in the last week that were not or have ever been seen by me or prescribed medications by me; however, they are ending up on INSPECT 1 or in the computer that I have prescribed medications to them. Some have shown [two] providers have wrote [sic] scripts on the same day. I am not sure if it is a computer issue or what; but if you could please double check as you sign them, or they are printed it would be appreciated.

(State's Exh. Vol. II, p. 177). When Hedrick did finally respond to Buchanan's emails, he told her that the situation was due to a flaw with the INSPECT program. The following day, Buchanan resigned.

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124 N.E.3d 1273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/william-hedrick-v-state-of-indiana-indctapp-2019.