Pain Relief Network asks court to stop enforcing drug act on doctors

? An advocacy group for chronic-pain patients raised the ante Thursday in its lawsuit against the government by asking a federal court to stop the Justice Department from enforcing the Controlled Substances Act on doctors in Kansas.

The New Mexico-based Pain Relief Network sued the Justice Department and the state of Kansas earlier this month over the prosecution of Dr. Stephen Schneider, who has been linked to the overdose deaths of 56 patients.

Schneider, who is jailed without bond, faces 34 federal charges, including five counts of unlawful distribution of a controlled substance resulting in death.

The Justice Department and the state of Kansas in separate responses filed Thursday with the court argued that the Pain Relief Network, a nonprofit group incorporated in New York, had no standing to sue in the case. It asked the court to deny any injunctive relief as well as deny an evidentiary hearing in the matter because PRN lacked standing.

U.S. District Judge Wesley Brown has scheduled a hearing for today on the group’s request for an emergency order forcing the Kansas Board of Healing Arts to restore Schneider’s medical license. The board, which regulates Kansas doctors and is named in the network’s lawsuit, suspended Schneider’s license last month, forcing his Haysville clinic to close.

Mark Stafford, attorney for the Board of Healing Arts, did not immediately return a message seeking comment. But in court documents filed Thursday, the state and KBHA argued that Kansas is immune from such lawsuits and asked that it be dismissed as a defendant. It further argued the federal court had no jurisdiction to intervene.

In an amended complaint filed Thursday, PRN challenged the constitutionality of the Controlled Substances Act, arguing that it allows the federal government to improperly intrude into the physician-patient relationship. The act governs how doctors prescribe drugs.

Also, PRN asked that a special master be appointed to oversee the reopened clinic’s operation to protect it from charges of money laundering.