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Poor v. State6/20/2003
Gregory S. Poor, D.C., appeals from an order of the district court for Lancaster County which affirmed the revocation of his license to practice chiropractic medicine by the Nebraska Department of Health and Human Services Regulation and Licensure. We affirm.
BACKGROUND
Poor received his chiropractic training between January 1992 and May 1995, and has been a licensed chiropractor in the State of Nebraska since July 1995. In an eight-count federal indictment filed in Omaha, Nebraska, in May 1998, Poor was charged with conspiracy to distribute gamma hydroxybutyrate (GHB), introducing GHB into interstate commerce with the intent to defraud and mislead, and witness tampering. Poor entered a plea agreement on March 10, 2000, in which he agreed to plead guilty to one count of conspiracy to manufacture and distribute a misbranded substance, GHB, in violation of 18 U.S.C. § 371 (2000). The plea agreement further provided:
Although not entering a plea of guilty to Counts II through VII of the Indictment, GREGORY POOR admits the conduct set forth in those Counts and further agrees and stipulates that Counts II through VII inclusive will be considered as relevant conduct when computing the appropriate sentencing guidelines range as though pleas of guilty had been entered.
Counts II, III, and IV alleged that Poor introduced misbranded drugs into interstate commerce on July 17 and October 26 and 28, 1995. Counts V, VI, and VII alleged that Poor introduced adulterated drugs into interstate commerce on the same three occasions.
In exchange for Poor's admission of the underlying conduct, the United States agreed to dismiss counts II through VII as well as count VIII, which alleged witness tampering. Poor entered a guilty plea to count I and on May 31, 2000, was sentenced to 4 months' imprisonment, 3 years' supervised release, and a $2,000 fine. He was ordered to surrender for service of his sentence before 2 p.m. on June 30, 2000.
On June 9, 2000, after his conviction and sentencing but before he surrendered for service of his sentence, Poor was arrested in Overland Park, Kansas, for driving under the influence . On January 26, 2001, following his release from prison, Poor was convicted of this charge.
In this disciplinary proceeding, the State alleged four "Causes of Action." The first cause of action alleged that on or about May 29, 1999, Poor illegally possessed cocaine, and that such possession constituted a violation of Neb. Rev. Stat. § 28-416(3) (Cum. Supp. 1998), of the Uniform Controlled Substances Act, and was a ground for discipline under Neb. Rev. Stat. § 71-147(17) (Cum. Supp. 1998). The second cause of action listed examples of Poor's conduct which the State alleged "separately and cumulatively, constitute grossly immoral or dishonorable conduct evidencing unfitness," thus constituting grounds for discipline pursuant to §71-147(2) (Reissue 1996). Specifically, the State accused Poor of the following acts:
a. Lying to a Department investigator during the course of an official investigation on September 9, 1999;
b. Conspiring to manufacture and distribute a misbranded substance in violation of Federal law, as alleged in the May 1998 Federal indictment;
c. Tampering with a witness to hinder a pending federal investigation of the Defendant in violation of federal law as alleged in the May 1998 Federal indictment;
d. Introducing misbranded drugs into interstate commerce as alleged in the May 1998 Federal indictment; and,
e. Failure to warn his companions regarding the dangers of ingesting GHB either in isolation, or in combination with alcohol.
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