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PHYSICIAN MAKES A DEAL TO PRACTICE AGAIN

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LICENSE LOST AFTER CHILD'S DEATH FROM PILLS

STEVEN GOLDSMITH

Seattle Post-Intelligencer

A doctor who lost his license after a 6-year-old patient's death from prescription pills has made a deal to practice medicine again.

Dr. Daniel Stowens, a Seattle pediatric neurologist, said he soon could be treating many of his former patients. The death of one of Stowens' young patients last year from anti-depressants prompted state controls on the medicating of children in foster care.

News of the doctor's impending return turned a luncheon Saturday with about 50 of his admirers - mostly parents of his patients - into a celebration.

Ruth Mertz of Kennewick said the loss of Stowens' services had made it tough to care for her 14-year-old son, who suffers from several disorders.

"I love my kid," Mertz said, "and I'm not going to let the bureaucrats take away the one physician that's helped him. We haven't had Stowens for a while, and my son is starting to lose it."

Last November the state Medical Quality Assurance Commission ordered Stowens to stop treating behavioral conditions such as hyperactivity. His right to practice any medicine was suspended three months later.

The disciplinary board planned to hold a hearing this week on whether to make the ban permanent, but its lawyers instead reached a tentative settlement with Stowens last week.

The deal, subject to approval by the commission Thursday would bar the pediatric neurologist from practicing psychiatry but would allow him to treat "physical" conditions such as seizures and headaches.

"If it's strictly for behavior, I'll refer them to another doctor," Stowens said yesterday.

Instead of moving back into his Laurelhurst quarters, Stowens said he will divide his time around the Northwest.

State officials gathered evidence against Stowens after 6-year-old Domico Presnell failed to wake up in his Seattle foster home in April 1996. The boy was on high doses of the anti-depressant amitriptyline that Stowens had prescribed for sleeplessness and hyperactivity.

Officials charged Stowens with failing to perform heart and blood tests that could measure side effects of the medicines he was giving to Domico and at least six other young children.

A Post-Intelligencer series highlighted shortcomings in state oversight of foster children on such medicines.

Within weeks, the Legislature found $4.5 million to upgrade medical recordkeeping for foster children. Meanwhile, the Department of Social and Health Services ordered that a parent or judge must consent when foster children get medications that affect mood, sleep and behavior.

Rosie Oreskovich, DSHS children's services chief, said her agency is fine-tuning the drug policy before making it permanent next month. She wants to streamline procedures so doctors don't need special consent every time they adjust a child's dose.

While the state's new policy might be seen as part of Domico's legacy, questions surrounding his death have not been laid to rest. His birth mother, Carolyn Presnell, has filed a lawsuit against the state and Stowens for allowing him to die in their care. Sim Osborn, Presnell's attorney, said Stowens' resumption of medical practice won't affect the lawsuit, which is scheduled for trial next year.

1997 Jun 17