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Doctor’s Criminal Charges Provide 2 First Impression Issues

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Jennifer Nelson for www.theindianalawyer.com

The Indiana Court of Appeals had to decide two issues of first impression Thursday in an appeal regarding charges of reckless homicide and issuing an invalid prescription for legend drugs by a practitioner against an Indianapolis doctor.

Dr. John Sturman has a subspecialty in pain management. He worked for a pain management clinic operated by Indiana University Hospital in Indianapolis, but left in 2012 after the hospital suspended his medical privileges for not completing documentation and deviating from the standard of care.

An investigation by the Indiana Attorney General’s Office led to 19 criminal charges being filed against Sturman: counts 1-3 for reckless homicide and 4-19 for issuing an invalid prescription for legend drugs by a practitioner. The state alleges as a result of excessive prescriptions written by Sturman, three people died from drug overdoses or reactions.

The trial court ended up dismissing counts 8-10, 12, 14-16, 18 and 19 because the charges identified a range of dates during which invalid prescriptions were issued, some of which were beyond the statute of limitations. The trial court gave the state 20 days to amend the charges into a singular offense within the statute of limitations. Counts 1 and 11 were dismissed because they were beyond the statute of limitations; the judge dismissed the reckless homicide charges for failing to state an offense. The court also rejected Sturman’s claim that I.C. 16-42-19-20 is unconstitutionally vague.

This case raises two issues of first impression: when the statute of limitations period should be calculated for reckless homicide and whether the phrase “legitimate medical purpose,” which is not defined by statute, is unconstitutionally void for vagueness.

Sturman argued that the dates alleged by the state in which prescribed drugs leading to someone’s death should determine when the statute of limitations is calculated. The state countered that it is the person’s death that should be used. The appellate court sided with the state.

“While we agree with the trial court that the act of writing a prescription, by itself, is not a criminal offense, the charging Information in the present case clearly indicates that the alleged crime is that of reckless homicide,” Judge Patricia Riley wrote.

Sturman argued that Indiana Code 16-42 -19 -20 of the Indiana Legend Drug Act is unconstitutionally vague. The statute says a prescription for a legal drug is not valid unless it is issued for a “legitimate medical purpose” by a practitioner acting within the usual course of his or her business. He maintained that “legitimate medical purpose” fails to put a person of ordinary intelligence on notice as to what does or does not constitute a legitimate legal purpose.

“Ultimately, we find that the phrase ‘for a legitimate medical purpose’ is clearly intended to permit doctors, acting within the bounds of the standards of the medical field, to treat patients with diagnosed medical conditions,” Riley wrote. “At the same time, the statute is intended to prevent physicians from acting as common drug dealers by prescribing drugs to individuals with contraindications for controlled substances and without first examining the patient, establishing a diagnosis, formulating a treatment plan, and monitoring the effects of the prescribed medications.

“Because the statute plainly informs physicians that they must look to the accepted standards of care of the medical profession, we conclude that the statute provides sufficient notice of the prohibited conduct.”

The Court of Appeals reversed dismissal of the reckless homicide counts and affirmed the denial of Sturman’s motion to dismiss counts 1-6 and 4-19. The case, State of Indiana v. John K. Sturman, 49A02-1601-CR-8, is remanded for further proceedings.

Governor Pence Announces Plan to Invest $1 Billion in Hoosier Innovation & Entrepreneurship

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10-year plan set to foster Indiana’s entrepreneurial cultures, spark new ideas and companies, and propel long-term economic growth and job creation
Indianapolis – Governor Mike Pence announced plans today to invest $1 billion over the next 10 years to advance innovation and entrepreneurship in Indiana. During remarks at the eighth annual Innovation Showcase in Indianapolis, Governor Pence outlined a proposal to strengthen and accelerate Hoosier innovation through strategic partnerships, ensuring that Indiana plays a leading role in solving 21st century challenges while supporting long-term economic growth, job creation and talent attraction.

“As a state, we have worked diligently to establish a pro-growth business climate in Indiana and our efforts are being recognized across the nation,” said Governor Pence. “We cut costs, lowered taxes and reduced regulations to allow job creators to invest in what matters most – in their businesses and in their employees. Indiana is ranked first in the Midwest for business and first in the nation for small business regulations, but we’re not done yet. We must build on this economic momentum and increase collaboration between educators, community leaders, industry partners and most importantly, idea generators, to further propel innovation across the Hoosier state for generations to come.”

The 10-year plan, which centers on collaboration between government, education and research institutions, communities and the private sector, will advance Indiana’s current economic momentum and combat potential threats to growth, such as workforce shortages and the availability of capital, by:

 

  • Developing Indiana’s future innovators and entrepreneursthrough partnerships with secondary school programs designed to encourage interest in, teach the economics of, and outline the opportunities in innovation and entrepreneurship.
  • Supporting education, research and entrepreneurial practice at Indiana’s higher education and research institutionsby leveraging strategic partnerships to support and expand current innovation and entrepreneurship programs, advance research initiatives and programs like the Purdue Foundry Accelerator with embedded Entrepreneurs in Residence, and establish a system for sharing best practices across the state’s network of private and public institutions.
  • Enhancing regional entrepreneurial culture and investmentby supporting start-up costs and program development for co-working spaces, incubators and innovation centers, and providing matching funds for regional and community investments in start-up and scale-up companies.
  • Supporting industry-driven strategic innovation and advancements by increasing support of industry initiatives, such as AgriNovus Indiana, BioCrossroads, Conexus, Energy Systems Network and TechPoint, and by spurring development of cross-sector transformational efforts, such as the Institute for Advanced Composites Manufacturing Innovation, OrthoWorx, 16 Tech and the Indiana Biosciences Research Institute.
  • Accelerating investments in early-stage, mid-market and high-growth companiesand encouraging further investments from private investors, communities and education and research institutes through matching funds to increase Indiana’s network of startup firms and accelerate the growth of mid-market firms.
  • Expanding opportunities for small businesses by integrating resources and micro-lending initiatives to encourage local community development while developing new programs to increase opportunities for all Hoosiers to start and a grow a business.

 

Governor Pence will direct the Indiana Economic Development Corporation (IEDC) to coordinate and oversee the state’s strategy to accelerate innovation and entrepreneurship across Indiana. Through an Executive Order issued today, the Office of Small Business and Entrepreneurship (OSBE) and its programs, including the Indiana Small Business Development Center (ISBDC), Procurement Technical Assistance Center (PTAC) and Small Business Ombudsman, will transfer from the Office of the Lt. Governor and integrate into IEDC to align and enhance effectiveness of the state’s efforts, creating a one-stop shop of resources, experience and information for entrepreneurs and job creators at all stages of growth and development, partners and investors.

With implementation of this initiative expected to begin this summer, Governor Pence will request funding toward his innovation and entrepreneurship initiative as follows:

 

  • $500 Million:Governor Pence will request that the Indiana Public Retirement System (INPRS) invest a portion of its $30 billion investment fund in early-stage and mid-market Indiana companies that are, in turn, investing in Indiana, creating new jobs and generating tax revenues to local and state government. INPRS, which is one of the largest 100 pension funds in the United States, will maintain all oversight and due diligence to ensure investments are made in the best interests of its members. INPRS has achieved a 7.2 percent annualized return on investment on prior commitments to Indiana-focused, privately-owned companies. Based on past history, INPRS would expect an additional $500 million from outside partners to be invested with INPRS in this initiative.
  • $300 Million: Governor Pence will request that the General Assembly continue to appropriate $30 million annually toward the 21Fund, which directs investments and grants into early-stage, mid-market and high-growth companies to help accelerate Hoosier solutions and services into the marketplace. The 21Fund, which includes programs like 21Fund Direct Investments, Indiana Angel Network Fund and Elevate Purdue Foundry Fund, also supports companies receiving seed or early-stage capital from approved angel funds and investment groups which utilize the Indiana Seed Fund, a fund-of-funds initiative. 21Fund initiatives also leverage private capital provided to high-growth companies from venture capital and angel investors.
  • $100 Million:Governor Pence will request that the General Assembly approve transferability of the Venture Capital Investment (VCI) tax credit to increase the accessibility of private sector funding for innovators and startup companies. The tax credit program, which is currently capped at $12.5 million annually, is consistently underutilized. This statute will allow Indiana businesses to attract increased capital from investors across the world that have no Indiana tax liability and therefore receive no benefit from the tax credit. With utilization estimated at $10 million annually, the tax credit program, which requires a 4:1 investment ratio from private investors, has the potential to yield a total investment of $500 million over 10 years in Indiana’s innovation and entrepreneurship ecosystem.
  • $100 Million:Governor Pence will seek an additional appropriation of $100 million over 10 years from the General Assembly to further advance innovation and entrepreneurship education, programs and practice through strategic partnerships with higher education and research institutes in Indiana. These partnerships would require a minimum 1:1 investment ratio, doubling the state’s commitment to these initiatives at organizations like Ball State University, Indiana University, IUPUI, Purdue University and the University of Notre Dame.

 

“Indiana’s thought leaders, job creators and public-private partnerships are making tremendous strides in innovation and entrepreneurship today, and we hope that this commitment from the state will spark even more interest and help accelerate these efforts,” said Governor Pence. “With a collaborative and aligned strategy, Indiana will continue to be a global leader in innovation and entrepreneurship, helping to solve tomorrow’s challenges.”

Partners from Indiana’s government and community initiatives, education and research institutions, economic development, private sector and entrepreneurial community joined Governor Pence today as he outlined this innovation and entrepreneurship initiative. In attendance were representatives from AgriNovus Indiana, AT&T Indiana, Ball State University, Battery Innovation Center, Central Indiana Corporate Partnership, Conexus Indiana, Cook Group, Dow AgroSciences, Eli Lilly, Faegre Baker Daniels, Indiana Association of Public School Superintendents, Indiana BioSciences Research Institute, Indiana Chamber of Commerce, Indiana Commission for Higher Education, Indiana Department of Workforce Development, Indiana State Department of Agriculture, Indiana University, Indiana University Health, Interactive Intelligence, Launch Fishers, Purdue Research Foundation, Rook Security, TechPoint, University of Indianapolis and University of Notre Dame.

Evansville Police Departmemt Citizen’s Academy Announcement

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The Evansville Police Department would like to invite the citizens of our community to attend our 10-week Citizen’s Academy fall session.

The EPD Citizen’s Academy provides the community with the opportunity to see firsthand how the various units of the police department operate. Our goal is to help create a better understanding of the department and provide improved communications between the citizens of Evansville and the members of the EPD who serve.

The academy is free of charge and will be held each Tuesday evening Beginning September 6th and continuing through November 15th from 6:00 pm until 9:00 pm at the Evansville Police Department, located at 15 NW Martin Luther King Jr Blvd.

Please go to facebook.com/EvansvillePoliceDept to see the Citizen’s Academy flyer and registration form and for further information.

 

Link To Vanderburgh County Food Inspection Reports For 7-14-2016

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Food Inspection Reports 7-14-16

VANDERBURGH COUNTY FELONY CHARGES

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 Below is a list of the felony cases that will be filed by the Vanderburgh County Prosecutor’s Office tomorrow.

Stephanie Marie Brown Intimidation, Level 5 felony

Battery against a public safety official, Level 6 felony

Resisting law enforcement, Class A misdemeanor

Criminal mischief, Class B misdemeanor

Disorderly conduct, Class B misdemeanor

Eric Leon Stinson Battery by bodily waste, Level 6 felony

Gerald Duane Lewis Attempted murder, Level 1 felony

Robbery resulting in serious bodily injury, Level 2 felony

Carrying a handgun without a license, Class A misdemeanor

Kelly William Trent Operating a vehicle as a habitual traffic violator, Level 6 felony

Ashley Nicole Schnabel Domestic battery by means of a deadly weapon, Level 5 felony

Domestic battery by means of a deadly weapon, Level 5 felony

Resisting law enforcement, Class A misdemeanor

Michael Vincent Murr Operating a motor vehicle after forfeiture of license for life, Level 5 felony

 

Ivy Tech employees begin planting in new Ivy Tech Garden – a Recipe for Success

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When: Saturday, July 16; 7 a.m.-11 a.m. (or until finished)

Where: Off the parking lot on Colonial Avenue next to campus, in the backyard of property owned by Ivy Tech.

Background:  Ivy Tech began this raised bed garden “A Recipe for Success” as a way to serve and empower the diversity of students, staff, and faculty. It also is an opportunity to meet the neighbors and teach community ownership and stewardship of a project. Also planned is  Monarch Butterfly way station, tracked by the federal government. Students will learn about how the environment affects nature – and what we can do to help offset the damage that is being done to the environment.  The garden is supported by the College’s Ivy Fit initiative, which promotes healthy nutrition and allows employees time during the day for healthy activities such as working in the garden.

 

Energize Evansville Joins Central Football Team for Workout

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 Saturday, July 16
9 to 11 a.m.
Central High School, 5400 N. First Avenue
Mayor Lloyd Winnecke will join Central High School’s football team Saturday, July 16, for this month’s free Energize Evansville workout. The workout will feature a fun football-style workout led by the football team. Participants will go through different variations of agility, speed and weight training exercises for all fitness levels. There also will be a cool down walk to Iglehart Park following the morning exercise. Everyone is invited to attend.

Creepy Crawlers & Canoes

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Our 2016 canoe season is in full swing! Experience the beauty of our local waterways with Wesselman Nature Society! All trips are led by an ACA certified instructor and all equipment is provided. Participants must be ages 7 & up.
Preregistration and payment of $15 members or $20 non-members per person is required in advance by the Thursday prior to the trip. Custom trips, scouting, groups, and field trip options are available by calling (812)479-0771 x105.
Upcoming Guided Canoe Trips

7/16/2016  Lynnville Lake – 6 pm – Moonlight Paddle

7/23/2016 – Pigeon Creek – 9 am

8/6/2016 – Lynnville Lake – 9 am
Click here to register!
Mothing

Moths far outnumber butterflies and are much more varied, but most people don’t notice them since they’re usually active at night. Join Indiana Master Naturalist / Southwestern Indiana Master Gardener Debbie Goedde for a look at these nocturnal beauties. We recommend bringing a camp chair, bug spray, and a flashlight.
Bug Safari
August 14 2-4 pm
Howell Wetlands

Join Indiana Master Naturalist / Indiana Master Gardener Debbie Goedde for a guided safari through Howell Wetlands. Insects and spiders abound in the air, on the ground, and even under the waters of this wetland habitat. Explore and see what you can catch! Each event will include a different hands-on activity and a guided hike around the wetlands. Participants should dress for the weather and bring a water bottle.
This event is free, though large groups are asked to call ahead for a reservation. 812 479-0771 x102. The program will be canceled in the event of heavy rain, storms, severe weather alerts, or temperatures below 60 degrees.

Adopt A Pet

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Gunther is a 1 ½-year-old male cat. He has adorable facial markings. Gunther’s been waiting on a home for several weeks getting overlooked! He’ll go home neutered, microchipped, vaccinated, and FeLV/FIV tested for only $30. Call the Vanderburgh Humane Society in Evansville at (812) 426-2563 or  visit www.vhslifesaver.org for adoption details!

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