PREVIOUS: Charges dismissed against Grundy Center doctor - KWWL - Eastern Iowa Breaking News, Weather, Closings

PREVIOUS: Charges dismissed against Grundy Center doctor

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GRUNDY CENTER (KWWL) -

All charges filed against a Grundy Center doctor accused of operating a substance abuse treatment program without a license have been dropped.

Dr. Frank Lamp was charged in 2012 with nine counts of operating a substance abuse treatment program without a license.

According to court documents, the Iowa Department of Public Health became aware of Dr. Lamp's activities after a registered methadone clinic, Cedar Valley Recovery Services in Cedar Falls, noticed patients were dropping out of their program and going to Dr. Lamp.

Dr. Lamp was told once not to prescribe methadone by the Iowa State Attorney General but continued to do so, according to documents.

Dr. Lamp was notified that what he was doing was illegal and he said he would stop, according to court documents provided by the Grundy County Attorney's Office.

"Following this notification, however, the department continued to receive information from Cedar Valley Recovery Services that they believed Dr. Lamp was continuing to prescribe to some of the patients identified in the original investigation," the court documents said.

According to Dr. Lamp's attorney, Kevin Engels, one count was dropped before the trial started, and the other eight counts were dropped this week after the trial had started.

Engels told KWWL that prosecutors felt they could not get a conviction, so they dropped the charges.

In a statement released by the Office of the Grundy County Attorney, they say that as part of the jury instructions and one element of the alleged criminal acts, the state would have had to prove that Dr. Lamp was not a physician in private practice.  The state said that they could not prove that and the court granted the acquittal.

The Grundy County Attorney's Office says "The trial judge's interpretation of the statute for preparation of jury instructions confirms the cumbersome nature of the statute and the difficulty of successfully prosecuting offenders under this statute." 

They also added that they cannot re-file the charges at a later date because of jeopardy was attached at the swearing in of the jury.

Lamp still faces administrative charges from the Iowa Board of Medicine. He is scheduled to appear before the board next week.

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