Decision Making in Regulatory Medicine: A Framework to Identify the influence of Special Interest Groups and “Bent” Science

Screen Shot 2017-03-12 at 5.40.38 PMAlexis de Toqueville once observed that a key feature of American government was the decentralized character of administration. “Written laws exist in America,” he wrote, “and one sees the daily execution of them; but although everything moves regularly, the mover can nowhere be discovered. The hand which directs the social machine is invisible.”2Administrative law is the body of law that allows for the creation of public regulatory agencies and contains all of the statutes, judicial decisions and regulations that govern them. Administrative agencies implement their powers in the form of rules, regulations, orders and decisions.   State medical boards are the regulatory agencies responsible for the licensure and discipline of physicians. They grant the right to practice medicine in the form of a medical license and each state has Medical Practice Act that governs and defines the practice of medicine. The medical board is empowered to take action against a doctor for substandard care, unprofessional behavior and other violations as defined by the state Medical Practice Act.Administrative Code governs the licensure and disciplinary process and the State Administrative Procedure Act governs the legal process (due process, discovery, etc.). Regulatory changes are enacted through procedural, interpretive and legislative rules.Both medical practice acts and administrative procedure acts are subject to change.  Changes in medical practice acts can redefine what is acceptable practice and what constitutes professional behavior. This can increase the power and control these agencies have over doctors both professionally and socially.

Source: Decision Making in Regulatory Medicine: A Framework to Identify the influence of Special Interest Groups and “Bent” Science

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3 thoughts on “Decision Making in Regulatory Medicine: A Framework to Identify the influence of Special Interest Groups and “Bent” Science

  1. Not sure how the Administrative Law Court works in other states . But I can tell you that the Admin Law Court in AZ is very corrupt . I have seen things like hearsay , a prosecutor asking a question , a good objection , in which the question could not be asked and THE JUDGE REWORDED THE QUESTION SO IT COULD BE ASKED ! . I have seen , a yearly report submitted to the Auditor section of the legislature that is full of lies by the Chief ALJ. He put down that every litigant is given a review form and instructed the judge wont see it . In six trials I attended NOT ONCE WAS ANYONE GIVEN A EVALUATION FORM . !! ANd they he further boosts he has a 985 satisfaction score ! Who is filling them out the AAG , and the BON ?I have seen a hearing with at least 40 objections by respondents attorney and the judge “I’ll allow it .” The judge allowing , the prosecutors witnesses to sit in the ENTIRE TRIAL , and testify later. Allowing members of the BON sit in the entire trial. I have seen bullying of a pro se litigant to the point he said he was not going to listen to that nonsense anymore , the judge telling him to sit outside in the hall. The follow up days of that same trail the corrupt AAG showed up with a security guard. (not a normal occurance in any of the other trials ). When the pro per litigant showed up with 2 spectators the aag and the BON staff went into the hall and had a powwow. Apparently calling off their harrassment , with witnesses with him . The judge asking everyones name , when I responded I am a spectator , the AAG told her my name !! (the AAG taking roll call !! Then the ALJ asked the security guard his name !!! (to get it on the record ) . Judge allowing witnesses within the state to testify ON THE PHONE ! . Judge denying my request that I hire someone to check identity and make sure they are allow when testifying at my expense , DENIED !! How does the judge know they were sworn in properly ?
    In my case a 4 day trial a Judge “a” presided , closing arguments went in , and my atty said judge “a” was “not available ” to give an opinion. (they since changed their story he had medical condition but fail to disclose it, or if hospitalized etc ) So it was given to Judge “B” , she passed it on to Judge “C” . Now mind you “B”and “C” were never in the court room !!! Within days the “C” Judge signed what they wanted !!! I never met him , he never saw any of the witnesses demeannor, or the tone of the court room ! He made the biggest liars “Credible ” (one has a criminal record !!!. OH yea AZ the home of the wild wild west. !!! Administrative law court is s joke , from what i have seen. OH I cannot find ONE case where the state did got get their ruling , against the nurse/ np. Oh did I mention the BON is mormons and judge C is a BISHOP MORMON? wicked bunch !

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    • I have been hearing increasing complaints from Arizona in the past year or so. All state nursing and medical licensing boards have been contaminated by the professional health racket but some are much worse than others (MA, FL, WA, NC top the list) and Arizona has definitely entered the top 10. My guess is the is a product of the attrition of individuals of integrity and moral compass within the PHPs/Boards who provided some resistance to the groupthink and misconduct and as they retire or are removed so too is any meaningful barriers to preventing the corruption. They all use the same playbook to “game” the administrative law system to dismiss, delay and derail valid cases. Fact and truth do not matter at all. It is important to recognize that this has evolved over the past 20-years and the attorneys ostensibly representing nurses and doctors in these cases will only do so within certain boundaries (i.e. they will never address diagnosis rigging, forensic fraud or any of the criminal misconduct) and if they offend the PHP-board by breaching these boundaries and actually acted in the best interests of their client that is the last referral (and 20-40K retainer) they would ever get. Although they rationalize otherwise they are part of the racket.

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