State House's doctor mystified by Coburn flap

Saturday, April 23rd 2005, 4:38 pm

By: News On 6

OKLAHOMA CITY (AP) _ The Oklahoma Legislature's only doctor doesn't quite understand the ethics fuss over whether U.S. Sen. Tom Coburn should be allowed to practice medicine on weekends.

``I am kind of mystified by it,'' Rep. Doug Cox, R-Grove, said as he headed to a downtown airport to fly back to home, where he practices in the emergency room at Grove Integris every Sunday from 7 a.m. until 7 p.m.

Cox, a member of the large GOP freshman class and the Legislature's only doctor, said when the session ends on the last Friday in May, he will begin working 12-hour shifts at the hospital, 16 or 17 days a month.

He said he agreed with Coburn ``100 percent that there is no better way to stay in touch with your constituents'' than continue seeing patients on weekends.

``They don't hesitate to let me know how they feel about issues up here at the Capitol,'' said Cox, longtime medical director of the Grove hospital.

The ``citizen-legislator'' concept that Coburn often touts still prevails in the Oklahoma Legislature, which does not have an ethics rule like the U.S. Senate rule that prohibits members from having outside income.

Coburn, who is fighting the Senate rule, is one of two doctors in the Senate. The other physician, Majority Leader Bill Frist of Tennessee, has complied with the rule.

In a letter to constituents last week, Coburn said one of the ways he promised to stay in touch with them ``was to continue seeing patients in my medical practice'' as he had done when he served three terms as congressman from the 2nd District.

Coburn has been criticized for his stand in editorials across the state, including editorials in The Oklahoman, The Tulsa World _ the state's largest newspapers _ and his hometown newspaper, The Muskogee Phoenix.

``The U.S. Senate long ago decided that the job is, if anything, more than a full-time operation,'' The Tulsa World said in an April 8 editorial. ``If theses rules are waived because of Coburn, what of other members who might want to pursue their professions part time?''

``It's a full-time job being one of two people representing an entire state _ not to mention responsibility for confirmations of federal judges and executive branch appointees,'' The Oklahoman editorial read.

In his letter to constituents, Coburn said he would continue to devote ``at least 60-70 hours per week'' to his Senate duties.

Veteran Rep. Jari Askins, D-Duncan, minority leader of the Oklahoma House, guessed that most state legislators have some kind of outside income, whether from insurance, real estate, farming, ranching or other enterprises or investments.

Askins said that is especially true of young lawmakers raising families and needing to supplement their legislative salaries of $34,500 a year. U.S. Congress members make $154,000 a year.

Demands on the time of state legislators are increasing, she said, making it a rarity when ``someone can go home and actually spend time in an office.''

While some Oklahoma City area attorneys have been able to maintain an active law practice, ``I haven't actively practiced law in five or six years,'' said Askins, an attorney and former judge.

``It's a full-time job,'' she said of serving during the session, keeping up with constituent services, speaking to local groups and other duties.

Oklahoma legislators are required to file financial disclosures, but basically use their conscience as their guide when voting on issues that might affect them personally.

In some instances, legislators evoke their constitutional privilege under Article 5, Section 24, and do not vote on issues that would directly benefit them financially. An example would be a former teacher who declines to vote on legislation raising teacher retirement benefits.

Cox said it would make more sense for the U.S. Senate to handle potential conflicts of interest that way, than to stop Dr. Coburn and others from pursuing outside activities that help people.

It would be a mistake, the physician said, to wind up barring from Congress people who have gained valuable knowledge and insights through life experiences, ``whether it is lawyers, doctors, ranchers or whatever.''

Having an outside income and a good job back home ``enables you to vote your conscience,'' Cox said.