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Wednesday, November 03, 2004

Drugs given by podiatrist allegedly out-of-date

It's not the first time that Dr. Peter Kelly has faced allegations by the state Board of Medicine.

State medical regulators have accused a Roanoke foot doctor of administering expired drugs to 150 patients. The doctor said regulators are mistaken.

Peter Kelly faces 19 allegations concerning his alleged mishandling and misuse of medication, though most of the allegations fault his record-keeping in recent years.

"Only fresh medicines were given to my patients. That I can prove," Kelly said in an interview.

He conceded that his records may not have adhered to every detail of record laws, but said that he never intentionally broke any law or regulation.

In an Oct. 15 letter, the Virginia Board of Medicine invited Kelly to discuss the allegations informally with three of its members during a hearing Nov. 17. The board subcommittee could exonerate Kelly, place him on probation, reprimand him, fine him or do nothing and refer the case for a formal hearing at a later time.

Kelly is a board-licensed doctor of podiatric medicine whose business is known as Roanoke Foot & Ankle. The practice has locations on Electric Road and in Radford and Bedford, according to board records. He has been a foot doctor for 17 years, board records show.

An unprofessional conduct charge concerns Kelly's 2000 indictment for storing prescription drugs at his home without a burglar alarm to prevent theft and other required safeguards. Kelly said in an interview he had a concern that employees might have been stealing his drugs at his office, so he took the drugs home. He maintains that he did nothing improper.

In 2000, he entered Alford pleas on four felony drug possession charges. By entering Alford pleas, a defendant maintains his innocence while acknowledging the evidence is strong enough that a judge or jury probably would convict him. He completed a year of probation after which the charges were dismissed.

Another allegation said that Kelly's use of drugs after their freshness date posed "a danger to the health and welfare" of patients and the public. Ninety-one patients got expired Valium in 1996 and 1997, 26 got expired Valium in 2000, 25 got expired Xanax in 2000 and eight received expired Valium in 2001, the allegation states. The allegation does not state whether any patients were harmed.

Kelly said his records may have given the mistaken impression that expired drugs were used, but none was.

Other allegations charge that he failed to "maintain complete and accurate records," failed to report the theft or loss of drugs from his office, dispensed drugs in envelopes instead of approved containers and improperly flushed expired drugs down the toilet.

The board also accused Kelly of having an improper sexual relationship with a patient. In a separate allegation, the board said he prescribed the patient birth control pills even though the prescription was outside his professional field because it had "no podiatric purpose."

Kelly said in an interview that the pills did have a medical purpose. He said he prescribed the pills because, based on what the patient told him, he believed the estrogen in them would prevent a recurrence of stress fractures.

The Nov. 17 hearing is scheduled at 9:15 a.m. at the Clarion Hotel in Roanoke. It is open to the public.

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