No prison for doctor who exchanged drugs for sex

NORFOLK

A doctor who pleaded guilty Monday to prescription fraud and to exchanging prescriptions for sexual favors will serve no time for the crimes, a judge ruled.

Ehteshamul Haque, 42, had faced 17 indictments for prescription fraud, possession with intent to distribute controlled substances and solicitation for prostitution. He pleaded guilty to three felony charges of prescription fraud and possession with intent to distribute a controlled substance, plus six misdemeanor charges of possession with intent to distribute prescription drugs and solicitation of prostitution.

In a summary of evidence submitted to the court, prosecutor Janet Westbrook wrote that Haque first met a female patient when he admitted her to a hospital in 2002. The woman made Haque her primary care doctor in 2006. She had a history of drug addiction, according to the summary.

The woman asked Haque in 2007 to prescribe methadone, a drug used to treat heroin addiction. Haque told her that he could not because he was not licensed to do so and could lose his license if he did.

At the woman's next appointment later that year, she again asked for a methadone prescription. Haque replied, "If I'm going to help you, you have to help me," Westbrook said. He then pointed toward his crotch and unzipped his pants, according to the summary.

When the woman said she didn't want to engage in sex, Haque told her she would if she wanted the methadone. He then wrote methadone prescriptions for her on at least seven other occasions, Westbrook said.

After reading the summary, Circuit Judge Junius P. Fulton III asked why he should accept a plea agreement that permitted Haque to avoid prison time.

Bob St. Clair, Haque's lawyer, argued that the woman had a history of drug abuse and prostitution and looked for doctors until she found one who would prescribe methadone. St. Clair also disputed that Haque had been the one to initiate sexual contact.

The woman "groped" Haque, he said.

Westbrook acknowledged that the woman's credibility was questionable, and told Fulton that even if Haque pleaded guilty to all the charges, his recommended sentence would have been only probation.

Haque's medical license was suspended in September by the state Board of Medicine. St. Clair said Haque has a hearing in February before the medical board.

Until then, Haque's patients will be referred to other doctors, St. Clair said after court. He told Fulton during court testimony that Haque sought psychological treatment in Nashville, Tenn.

The other charges stemmed from Haque's habit of redispensing prescription medications returned to him by patients. He kept the drugs in an unlocked desk drawer.

He would cross out the original patient's name on the prescription and write in a new patient's name, according to Westbrook's summary. Haque was licensed to prescribe drugs but not to dispense them, the summary said.

Fulton sentenced Haque according to the terms of his plea agreement: a total of 4 years and five months, with all the time suspended. Haque must remain on probation for 10 years, attend a school for men who have solicited prostitutes, pay a $100 fine and surrender his driver's license for six months.

Michelle Washington, (757) 446-2287, michelle.washington@pilotonline.com