A family doctor from Zimmerman with a history of drug and alcohol addiction was charged Monday by the U.S. attorney's office with one count of obtaining controlled substances by fraud.
Luther Philaya, 57, was suspended last year by the Minnesota Board of Medical Practice for authorizing the prescription of 8,010 tablets of controlled substances for two friends, most of which he diverted for his own use. He is a family practice and emergency physician.
The one-page federal charging document said Philaya acquired oxycodone, Hydrocodone, Diazepam, Alprazolam and Lorazepam — all controlled substances — "by misrepresentation, fraud and deception," in violation of U.S. laws.
In a telephone interview Monday, Philaya said there were "a lot of people in my profession" who struggle with addiction.
"It causes us to do things that we might not ordinarily do," he said. "The disease explains the behavior but it doesn't excuse it. I have been through treatment. I have been in a strong recovery program. I've been chemically free since Oct. 11, 2012. The person I am in recovery, is not the person I was then."
In December 2012, Philaya signed an agreement with the medical board to abstain from alcohol and mood-altering substances, find a doctor who would coordinate his overall health care, meet with a therapist twice a month, meet with a psychiatrist once a quarter, and attend self-help group meetings at least twice a week.
After meeting with the medical board, he was reprimanded and indefinitely suspended in November 2013 for unprofessional conduct in violation of federal law and for his history of chemical dependency.
Besides a history of drug and alcohol addiction, the state medical board said Philaya "demonstrated a cognitive disorder with concerns regarding his visual and auditory memory skills, multi-tasking capabilities, and ability to maintain focus on goal-directed activities." The conclusions were based on a neuropsychological assessment.
He was given an opportunity to practice medicine again "upon submission of evidence, satisfactory to the board, of 18 months of documented, uninterrupted recovery."
In March 2014, Philaya petitioned the board for reinstatement and met with its complaint review committee in April to discuss the results of a comprehensive skills assessment "and his progress in recovery."
In May 2014, his license was reinstated. He was issued a new suspension by the board, but that suspension was stayed, allowing him to practice medicine, contingent on him complying with numerous conditions. However, Philaya has yet to resume practice.
U.S. Attorney Andy Luger declined to specifically discuss Philaya's case Monday but issued this statement:
"Prescription drug abuse is a national epidemic, and a growing problem in Minnesota. In Hennepin County alone, opiate-related deaths rose 57 percent between 2012 and 2013. Those who divert pain medication for their own use violate the trust of other health providers and the public, who all rely on honest practitioners in our health care system.
"I am committed to working with the Drug Enforcement Administration and local law enforcement partners to address this problem in an aggressive manner."
Randy Furst • 612-673-4224 Twitter: @randyfurst
