The Need to Put a Spotlight on Physician Health and Compliance Medical Board Attorney Professional Misconduct and Fraud

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The 2006 Duke Lacrosse case put a spotlight on prosecutorial misconduct.  District Attorney Mike Nifong was appropriately disbarred, jailed for a day and disgraced after it was exposed there was no evidentiary basis for the case and that he withheld exculpatory DNA evidence for 9-months.  As the elected D. A.  Nifong had tremendous power over the lives of the accused since no one was going to challenge his discretion.

A spotlight needs to be put on the misconduct of state employed medical board (MLB) attorneys affiliated with state physician health programs (PHPs).   These attorney positions were created for purposes of influencing legal, regulatory and public health policy advancing the interests of the stakeholders and to prevent the corruption and shakedown racket from being exposed by blocking any evidence of misconduct or fraud presented.  They are also tasked with initiating and bringing disciplinary proceedings to a predetermined conclusion if  a physician under monitoring contract is reported  “non-compliant.”  These attorneys  conceal, misrepresent and fabricate evidence.  They essentially function as physician health medical board prosecutors (PHMBS). These attorneys have tremendous power over the lives of the accused and no one challenges their discretion.Screen Shot 2019-02-25 at 10.41.37 PM

The Office of State Auditor Suzanne Bump officially started an investigation of Massachusetts Board of Registration in Medicine  Physician Health and Compliance (PHC) Board Counsel in May.

It is essential that the fraud and egregious misconduct these attorneys are participating in be exposed and that they face disciplinary action.

Screen Shot 2019-02-24 at 3.21.28 PMI am aware of 3 suicides that were the direct result of Physician Health and Compliance Board Counsel managed by attorney Robert Harvey.

Moreover, this misconduct is not isolated to Massachusetts. This systemic abuse of administrative process is ubiquitous.

Through  updated Public Records Law I have obtained previously unobtainable records including all of the evidence submitted to PHC Board Counsel. Much of this evidence was extremely difficult to obtain. These records requests have revealed all documents pertaining to forensic lab fraud were either concealed or omitted by PHC Board Counsel.  The documents have never been before a tribunal.  The “litigation packet” has been fraudulently concealed since December 2011.  The simple fact of the matter is these document show flagrant forensic fraud.  This is not a “chain-of-custody error” and pointing to the words “update” “revise” and “correct” to claim it is means you are either complicit or just plain stupid.  The lab fraud is the exact same type as Dookhan except there was no documentation of her misdeeds as plainly articulated ion these documents and the consequences of these tests extend far beyond the Hinton crime lab and are far more grave.  The fact that V.P. of Laboratory Operations Joseph Jones added an ID number to an already positive test knowing that a person was attached to it by faxed request is sociopathic.  I have seen documents illustrating the same fraud from the same lab signed by this same tub of lard.  The fact that PHC Board counsel concealed documentation of clear criminal fraud involving a state PHP and the drug and alcohol lab used by PHPs nationally is despicable.

I am aware of multiple suicides resulting from this very same test at this same lab.

The second set of documents illustrate how the fraud was covered up.  After an outside investigation the lab was forced to invalidate the test but Joseph Jones added the comment “external chain of custody was not followed per standard protocol” which is technically true but an absurd minimization given he falsely created it at the request of Sanchez. The revised lab was reported to PHP Director Sanchez but instead of disclosing the revised test he reported “non-compliance” with support group meetings (a requirement that resulted from the positive test).    PHC Manager Robert Harvey was provided documentation of full compliance with meetings and no contradictory evidence was ever produced.   

On February 6, 2013 the Board suspended my license and Harvey would not provide the reason so my attorney could file an appeal.  He tolled the time until after the deadline for appeal passed and when my attorney attempted to convince him to extend the appeal deadline Harvey replied “that ship has sailed.”   The statement of reasons for the decision identified 4-documents relied on as evidence.  2-documents contained dates of reported attendance at meetings that were not in dispute.  The other 2-documents claimed to contradict the attendance reports were unknown and unidentifiable.   Under updated Public Records Law effective January 1, 2017 and only through the efforts of lawyers with the Department of Public Records and interventions by the Supervisor of Records all 4-documents were disclosed by the Board’s Records Access Officer Gerard Dolan.  The documents identified amount to 6-pages total.  The documents provide direct documentary proof that none of the contradictory facts exist.  Harvey fraudulently misrepresented an item of evidence submitted on my behalf to corroborate attendance at meetings and a rebuttal argument destroying the entire factual premise of the case.   The attorney misconduct is unprecedented on many levels but the simple fact of the matter the 2-statements presenting the contradictory findings of fact are false and these are 100% material to the decision.

Screen Shot 2019-06-28 at 8.53.34 PM.pngThe Office of the State Auditor does not have the authority to prosecute criminal fraud but they do have the authority to investigate it and report it to the proper agencies.  The documents show criminal fraud and Harvey is the perpetrator and I am a victim of his fraud.  At a minimum this requires investigation by the Board of Bar Overseers as what is seen is egregious.  RAO Dolan has refused to acknowledge the false statements but they are so obvious you would have to close your eyes.  He had a duty to disclose the false statements and take remedial measures when he was made aware of them.  He instead told the attorneys at the Department of Public Records that they had no business reading the documents and their job was just to provide them.  He also told the Supervisor of Records she had no authority to question the Board’s valid Orders.   The Auditor does. Determining the truth or falsity to the statements simply requires reading the asserted facts found in the statements and examining the true facts found in the documents identified as providing them.  This takes about 5-minutes. 

MA BORIM Board counsel Robert Harvey’s Misconduct (part 1)

MA BORIM Board counsel Robert Harvey’s Misconduct (part 2)

“It is as if the Board didn’t see any of the evidence” is a comment I have heard from  scores of doctors, nurses and other healthcare practitioners across the country.   Truth be told they probably didn’t see any of it.

These medical licensing board (MLB) attorney liaisons to physician health programs exist in every state. The infrastructure pertaining to how they operate may differ but what they do in mechanics and mentality remains the same.

Screen Shot 2019-02-26 at 9.20.58 PMThe “PHP-approved” assessment and treatment centers are engaging in fraud through non-existent and exaggerated diagnoses and the contracted  labs are engaging in lab fraud to fabricate positive tests used to coerce the victim into signing a new contract or initiating another.   There is little oversight in the rehab industry and insurance fraud is rampant. Cash only no insurance accepted reduces  accountability to zero.  The drug and alcohol testing laboratory’s utilize non-FDA approved tests with no oversight or Screen Shot 2019-02-26 at 6.22.07 PMregulation–no agency exists that can both investigate and sanction.  PHPs are good organizations that have become corrupted over time by corrupt individuals.  These attorneys monitoring physician health compliance are corrupt individuals who were place within medical boards to add an additional layer of protection.  All evidence supporting the accused is disregarded, deflected or dismissed.  So too is any evidence implicating the PHP or its affiliates in misconduct or fraud.  

Screen Shot 2019-02-25 at 8.06.19 AMWhile the testing and treatment affiliates are engaging in fraud, these attorneys are engaging in “fraud on the court.”   This is an extortion racket where the PHP makes the threat and PHC Board Counsel pulls the trigger.  The monitoring contracts signed with PHPs and letters of Screen Shot 2019-02-25 at 8.05.32 AMagreement signed with medical boards are signed under coercion, undue influence and duress.  If referred to a PHP the  threat of “non-compliance” begins the moment you walk in the door.  If the PHP recommends an evaluation at an out-of-state facility it is done under threat of reporting non-compliance to the medical board with risk of loss of licensure and livelihood.  These are not genuine agreements. There is no mutual assent.

These attorneys have no interest in presenting truth or pursuing justice.  It is also frequently observed that these attorneys do not follow the rules and have no conscience or moral compass–the only external and internal controls that keep any society free and just for everyone.  They have an utter disregard for fact, truth and consequences.

If a PHP reports “non-compliance” they are tasked with initiating the board proceedings and bringing them to a pre-determined conclusion.  They appear to be following a scripted template in which the only stream of evidence that appears before the medical board is the polluted PHP narrative and its affiliated referral sources and assessment, testing and treatment centers.

Screen Shot 2019-02-25 at 9.51.32 AMIt also appears that it is their responsibility to craft and calibrate a statement of reasons for the decision that complies with all legal, regulatory and professional standards.  If the audit of PHC Board Counsel looks at compliance with regulatory,  legal and professional standards they will not detect the fraud.

Paper statements showing compliance are meaningless when taken out of context.  The compliance narrative all too often excludes consideration of how human beings act in organizations.  Corruption by definition is covert and hidden.  The decision making is fragmented.  Accountability firewalls and the diffusion of responsibilities make it difficult to detect individual wrongdoing.

Screen Shot 2019-03-24 at 1.45.57 AMThese attorneys  are engaging in factual misconduct.  They hide and conceal and misrepresent and fabricate evidence to support the decision.  Almost everyone who is unjustly coerced into a PHP obtains 2nd. 3rd and even 4th opinions from bona fide experts and here that includes world class facilities and some of the top experts in the field.  The auditors need to look at the statement of reasons for the decision, verify the facts asserted and examine the records for what is missing.  If my records are any indication they scan the records into the Board’s Digital Imaging Unit after the Board meetings for which they were submitted.

Screen Shot 2019-02-24 at 4.35.41 PMThey are able to freely engage in false misrepresentation and fraud because of the flawed policy and procedure intentionally put in place for exactly this reason.  This policy and procedure benefits the  stakeholders in the drug and alcohol testing, assessment and treatment industry and remove all due process rights of the accused. PHC Board Counsel have removed the right to a full and fair hearing.  They have removed the right to present evidence and argument supporting one’s case.

Board Policy 94-002  created the position of PHC Board Counsel outside the Enforcement Division of the Massachusetts Board of Registration in Medicine (Board). Policy 94-002 includes the provision that PHC Board Counsel be able to act as their own hearing officers in cases involving physician health and compliance issues.   The Board appoints a “hearing officer” to conduct an adjudicatory proceeding according to the procedures set forth in the Massachusetts Administrative Procedures Act. Mass. Gen. L. ch. 30A. 

It is the hearing officers responsibility to make all decisions regarding the admission or exclusion of evidence.  They not only prepare and present cases to the Board but have carte blanche power to pick and choose what evidence is presented to the Board.  They have also blocked the ability of the accused to ever get evidence before the full boardand it is foolproof.  The only opportunity for a hearing is before a single Board member.

The procedures for violation of probation agreement. (adopted June 9, 1993) dictate what occurs in the event of a report of “non-compliance.”  They allow the unilateral presentation of evidence to the full board at a “meeting.”  If the Board votes to suspend Screen Shot 2019-02-25 at 9.53.43 PMthen a hearing can be requested before a single board member within a limited time-frame but the hearing officer has full discretion of what evidence is accepted.  These mechanisms completely blocking the ability to get evidence before the full Board were Screen Shot 2019-02-26 at 1.30.17 PMput in place because Board members come and go.  For risk management in preventing an honest  Board member with integrity from possibly seeing something and asking too many questions they simple introduced procedures that remove the risk and use the 1 or 2 unethical Board members they can trust to rubber-stamp the determination and decision. The wrongdoing seen here cannot be minimized.

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Please contribute to my Gofundme.  Attorney Harvey’s misconduct and fraud has caused a great deal of harm to my 3-daughters especially my youngest daughter Josephine who had to leave her school because of these crimes. We are about to suffer another major loss and would greatly appreciate any help to avoid it.  Also please help me hold this guy accountable!

  https://www.gofundme.com/PHPReform

 

February 6, 2013 Board Order(annotated)

EXHIBIT 2 (Documents identified as providing evidentiary facts presented in 2013 Order Statement of Reasons 9-12) (1)

Statements (9) and (11) present true findings of fact but misrepresent the same attendance records as distinctly different

 

Statement (10) and (12) are false statements and intentional fraudulent misrepresentations.

 

 

 

 

 

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3 thoughts on “The Need to Put a Spotlight on Physician Health and Compliance Medical Board Attorney Professional Misconduct and Fraud

  1. If PHCU has a weak spot other than good old “Commonwealth corruption”, it is the PHCU violation of ADA sections regarding medical screening of workers. Any state enforcement of non-compliance of PHS orders to a resident referred for post-hire medical screening puts MA in conflict with federal statute. In addition to private tort actions against PHS that one must hire a lawyer to pursue, the EEOC can be brought to bear against PHCU and the Commonwealth without any private legal fees.

    Liked by 1 person

  2. You can start by chewing on this, with my post about the KY Board of Medical Licensure, and from there, the KY Bar, etc.

    https://www.google.com/maps/contrib/111109766664215884668/reviews/@37.2751983,-81.0475878,7z/data=!3m1!4b1!4m3!8m2!3m1!1e1?hl=en-US

    Once I arrived in NC, I was sent by the NC Medical Board for evaluation after evaluation for “distuptive behavior”, cleared every time, until I was then forced by NC PHP (then under Michael Wilkerson, MD) to attend Pine Grove Recovery Center in Hattiesburg MS for 3 months in house therapy. NEVER in my life had there been any inference, suspicion, accusation, positive drug screen, DUI etc for drugs or alcohol, yet I was forced to comply with AA, 12 step program, Cadeuseus, and attend all impaired doctor conferences while I was accused of being a drug addict and /or alcoholic by all the other attendees. Even a 3x washed out (cocaine, narcotics alcohol) former neurosurgeon Randall Sherman, MD who lived on my street in Elizabeth City, NC wound up as an “addictionologist” at Pine Grove!

    Of course, the NC Medical Board, The NC PHP are both hush-hush about this. I have no “platform” to expose this. I posted this on the NC Medical Board Facebook site a few months ago. Their response was they would forward my grievance to the NC Medical Board’s legal team, but of course, not a peep from them, NC PHP, the Ky Bar, The KY Board of Medical Licensure etc.
    ______________________________________________________________
    See my posts to NCMB March 29 and May 13,19 , 2019.

    MAY 13

    Karl Hubbard commented on American Medical Association (AMA)’s post.

    Dental, Medical boards wield enormous leverage over licensees, but Supreme Court ruling could temper that
    disruptedphysician.com
    I’m glad that as soon as I started to practice in 1987 I shortly thereafter withdrew my membership. It was about the only smart thing I did as I was upon to be savaged and my whole life and career destroyed by a zealous KY Board of Medical Licensure in 1994, and from there as a medical refugee, harassed in a hell hole in NC by the hospital administrator (she was eventually escorted out under poli… See More
    Edit
    MAY 12
    _________________________________________________________________
    Karl Hubbard
    May 13, 2019, 12:06 AM
    North Carolina Medical Board
    ncmedboard.org
    What is the real purpose behind the North Carolina Medical Board’s (NCMB) Facebook page? On its official website https://www.ncmedboard.org/ , its stated purpose is “to regulate medicine and surgery for the benefit and protection of the people of North Carolina.” From that site, the public is directed on how to file a grievance against a NC physician. The NCMB’s Facebook page, in contrast, seems to feature an endless stream of pictures of the board members and the meetings, schedules, and ceremonies, all designed to give the public the impression that the NCMB is working diligently on the public’s behalf. Indeed, it is purely a social media site to promote itself favorably to the public.
    From my ex-physician standpoint, there’s a lot more going on behind the NCMB’s closed doors than the public realizes, including scapegoating or destroying some physicians’ careers and lives for public relations or “other” agendas. In all but the most ridiculous grievances filed by vindictive patients (e.g. like my patient who complained to the NCMB because I would not support her request for total disability from knee arthritis) the NCMB has a purely adversarial relationship with physicians. This is actually a situation which lawyers, NC Physician’s Health Program (NCPHP), treatment facilities such as Pine Grove Recovery Center in Hattiesburg, MS, hospital administrators, corporations and competing physicians exploit: “Comply or we will report you to the NCMB and label you as a ‘disruptive’ physician.” I think the NCMB claims that its members are almost entirely physicians as if all physicians are honorable and have noble intentions. Nothing could be further from the truth, and there is always a Judas in every group. Same goes for the legal profession. My basis for making these accusations is outlined in my book and supported with my bitter and devastating personal experience, hospital, court and legal records, videos of proceedings, and newspaper sources. No one would believe me otherwise.
    In my case, the NCMB basically harassed me for a 7-day suspension in 2002 for publicly chewing out a lazy registration worker at Albemarle Hospital, Elizabeth City, NC. She should have been fired on the spot for obstructing registration of a patient who was in severe distress when in fact all the paperwork had been done. The NCMB used this one event to launch a full-blown investigation of me as part of its new crusade against the so-called “disruptive physician.” This investigation initially included a screening referral to the NCPHP, even though my 7-day suspension did not meet the NCMB’s stated 10-day requirement for an NCMB investigation in the first place. NCPHP cleared me. Stressed out from the NCMB harassment, the Albemarle Hospital Medical Executive Committee (MEC) suspension, and the Albemarle Hospital administrator Sharon Tanner who had an agenda of driving me out, I electively went on courtesy staff which meant I would not be required to take emergency room call. No matter. When I did not appear in the emergency room to see a non-emergent patient at midnight before a long trip, my orthopedic surgery competitor, who had been trying to run me out of town because I would not join his practice (which would allow him to reduce his overhead and have a captive buyer when he retired but wanted me to continue paying my ongoing rent on my office, and whom I suspect was largely the reason the previous 5 orthopedic surgeons had left after only two years each) reported me to his crony on the MEC. Another crony, the Chief of Surgical Staff, scoured the by-laws for grounds to suspend me. My patient was “admitted” by my competitor, whom I had on occasion quietly covered for when he had a conflict in Edenton, NC. I returned 4 days later from my trip, and my patient was sitting in his wheelchair in the parking lot, smoking but had received no treatment for his still dislocated total hip replacement. Some “emergency!” This time, I received a 30-day suspension. The suspension stated that this “would serve as a precedent for any such future acts,” except of course, when it didn’t. From there, an evaluation by the Center for Professional Well Being in Durham, NC was ordered, and then a 3rd evaluation by the NCMB’s own forensic PhD psychology and MD psychiatry experts in Raleigh who performed a complete battery of psychologic testing. These experts were left wondering: “Why are you being evaluated so many times?” All three of these investigations cleared me, and specifically, no formal medical or behavior therapy was “required.” In my opinion, that was a subtle way of saying, “you’re getting screwed, Dr. Hubbard, but we can’t admit that to the NCMB. They are a referral source.” I was finally sent to Talbott Recovery Center in Atlanta for a 4th evaluation. EVERY physician who was referred there under threat of Medical Board action if he did not comply received a recommendation for 3 month in-house “therapy,” meaning he would be torn from his practice and could have pay up to $50,000 for his “treatment.” After all, these facilities had beds to fill. Many of these treatment centers were not covered by insurance. NCPHP had been investigated by the NC State auditor for this cozy relationship between NCPHP and certain select treatment facilities. This arrangement was essentially enabled by the threat of the NCMB taking action against the hapless physician if he did not comply. In my case, it was “comply Dr Hubbard, or we will report you to the NCMB and they will revoke your license.” Pure extortion. I “chose” to go to Pine Grove. My exile would allow Tanner to bring in another surgeon to take over in addition to the one she had recently recruited. This second surgeon however withdrew. On my arrival at Pine Grove, I was suddenly “diagnosed” as an alcoholic and/or drug impaired physician and required to attend Caduceus, the 12-step program, AA meetings, submit to urine drug screens, even though there had never been any failed test, accusation, suspicion, inference, rumor or evidence of me ever having been an impaired physician or inappropriately prescribing narcotics, etc.! In fact, my DEA license is still good until October 2019 with no history of any restriction or investigation since I had started internship in 1982! Then I was accused of being a sex addict and had to attend sex counseling. I was surprised I wasn’t diagnosed as a pedophile! But wait! Actually, the counselor there accused me of going to the mall to pick up girls! Then I was accused of being a philanderer and required to read a book called “Man Enough.”
    When I returned to Elizabeth City and tried to pick up the remains of my “career,” I let NCPHP know what had happened. Immediately, and without any written communication, NCPHP released me from my follow up contract over the phone, and I never heard from them again. Then I finally received a one-line written notice from the NCMB that its investigation was over. Meanwhile, the orthopedic replacement hired during my exile turned out to have been the alcoholic all along, and he left for Farmville, Virginia!
    Later, the Albemarle Hospital administrator, Sharon Tanner, was caught in an extortion plot to drive out a local radiation oncologist who finally had to mic herself, and wound up receiving a settlement for a sealed amount and left.
    My competitor’s arrangement with another colleague in Edenton which had been in violation of the medical staff by laws had been used to isolate me with no call coverage, otherwise, he arguably would have been more amenable to a local cross coverage arrangement. When I challenged Tanner on the call radius bylaws, she got the hospital attorney’s opinion, which she would not disclose. No matter, the bylaws were suddenly changed to accommodate my competitor’s arrangement whereby he could isolate me with no coverage while he and his “partner” from Edenton could cover for each other.
    Still later, other active staff doctors were refusing to come in to see their own patients when requested by the ED. Nothing happened to them. I asked Robert Powell MD the chief of MEC who had suspended me, “Hey Rob, I said waving his memorandum! How come I get suspended 30 days for my first and only offense while on courtesy staff but these doctors on active staff have multiple violations, and yet nothing happens to them? I thought I had set a precedent? His only response was “I’ll be so glad when I am no longer chief of the medical executive committee.”
    There’s more. Both the Chief of Staff and the Chief of Surgery who had signed my suspensions quite hypocritically had physically assaulted nurses!
    Later, I learned that the neurosurgeon at Albemarle Hospital had abandoned his patient by not coming to see her in the emergency room for a critical post-op epidural back surgery infection. That patient died several days later. He could no longer practice, presumably because he was now uninsurable. Suspension? Like my 30 day suspension? Never! This surgeon was rescued by Tanner with the creation of his position as Chief Medical Officer and $275,000 salary!
    A year after I left the hospital in 2013, Tanner was suddenly escorted out of the hospital under police guard. Apparently, when she arrived at the hospital around 2000, the hospital was in the black around 40 million, but when she left in 2013 the hospital was in the red around 100 million. She had been reportedly raking in a $400,000 a year salary while she slowly ran the hospital into the ground.
    There were hardly any tears upon Tanner’s departure. I am still trying to find the YouTube video posted by all the OR techs and nurses who lined up Riverdance style and sang a parody called “Ding-Dong the Witch is Gone.” Incredibly she had also left a mess at her previous hospital position in northern Virginia.
    Even more incredulous was learning that the neurosurgeon who had practiced In Elizabeth City prior to the above mentioned one, had washed out from rehab three times and his license finally suspended or revoked by the NCMB. He wound up at….. Pine Grove as a treating physician addictionologist! I won’t get into how some Medical Boards are destroying good physicians’ careers simply because they happened to use cannabis to treat their menstrual cramps, with no signs or indications of drug abuse. “Disruptive physician?” “Severe cannabis addiction?” or just an excuse for lawyers to financially rape physicians and medical boards to pass “feel good” disciplinary action?
    You should have gotten a lawyer you say? Spend tens of thousands of dollars to defend myself against shit like this? It is a waste of money. Remember, lawyers LOVE this adversarial situation between Medical Boards and doctors. It’s about $$$$.
    I arrived at Albemarle Hospital in Elizabeth City, NC population 18,000, in 1995. They had already cycled 5 orthopedists in and out the previous 6 years, and while I was there, another 6 or 7 cycled through and the most recent one is now getting ready to leave. This turnover is unprecedented for any similar sized town. Does this not tell you anything? The medical industry, profession, or whatever you want to call it, is a cesspool of cronyism and corruption. Admittedly, it works both ways. Patients who have legitimate grievances or solid grounds for medical malpractice can be stonewalled by the “system,” and are left having to deal not only with emotional devastation like I did, but also physical harm -for the rest of their lives.
    The NCMB will never investigate the full story if it has an agenda, usually claiming “it doesn’t have the resources.” It is out to discipline as many doctors as it can for public relations and does so with great relish. An accused physician has a choice: either submit or else try to fight and have the lawyers carve him up financially. When I tried to contact the NC press in Raleigh and Charlotte, my story went nowhere. No response. No response from the NCMB or the NCPHP either. My only “platform” is Face Book or my memoir, “My Medical-Legal Back Pages,” which Archway requested I write as “fiction,” even when it is based entirely on true events. The response from the NCMB on its Facebook site is only “we don’t handle legal matters on FB. We’ll forward your FB post to our legal department.” The NCMB has an army of lawyers, but I never received a response, not even a rebuttal or a threat, and certainly not an apology.
    In my opinion, this NCMB Facebook page is a façade. Like all State Medical Boards, for all practical purposes, NCMB operates behind closed doors. Some physicians get railroaded while others who are “connected” get off. Take my case back in KY in 1994, for example. Dr. Ascuncion was exonerated by the Board even though he had abandoned my patient, repeatedly lied during his testimony and had clearly tried to solicit a conspiracy to cover up the cause of death, while I was suspended and placed on probation for not checking the medication, even when I had ordered the correct drug and dose. He was covered under the same insurer as Hardin Memorial Hospital in KY and it was shown that the grievant family had obviously perjured their accusation against me as an accomplice in the conspiracy and this gave Dr. Ascuncion ammunition for his defense.
    But your KY suspension was so long ago you say? Can’t you move on? No, you can never put it behind you. It is as if it had happened yesterday and it makes you a mark for other medical boards, just like I was for the NCMB. It is the quintessential scarlet letter, and you have to practice where no one else will, if you can. I finally had to let my full, unrestricted NC license lapse in October 2018. I couldn’t do a thing with it. Not even work on the Indian Health Service (IHS). My continuing medical education (CME) requirements for orthopedic board recertification had been fulfilled for the recertification exam in October 2019, but no longer mattered. (Incidentally, I had never failed a medical school test, NBME I, II, III test, original Board certification exam, or previous recertification exam in my entire medical career.)
    You only have to Google the KY Board of Medical Licensure or the KY Bar Association and look under reviews on the right-hand side to see the NCMB is not the only state medical board that railroads physicians. I am practically the only reviewer/poster on that website, as very few members of the public ever read those, about the State Bar Association, and instead focus only on sensational acts committed by doctors which inflame the public and sell newspapers, or are featured on national television like I was on “A Current Affair. “
    Admittedly, the NCMB doesn’t have control over hospitals, as that is left to the Joint Commission On Accreditation (JCOA). But that should not excuse the NCMB from evaluating a doctor’s conduct in its proper context. In my case, the NCMB basically made a rush to judgment and had an agenda. I was suspended by my hospital, so I must have been treated fairly, right? So what if the NCMB’s own approved and preselected evaluators were hinting otherwise?
    The NCMB is politicized and weaponized.

    _______________________________________________________________________
    “You may want to learn more about the NCMB’s investigative process”

    North Carolina Medical Board Facebook
    May 19 ·
    Learn more about the Board’s investigative process here: https://bit.ly/2s976H2
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    Karl Hubbard
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    Karl Hubbard
    Karl Hubbard There is nothing to understand. The NCMB, like many State Medical Boards, simply does WHATEVER IT WANTS and in my case did NOT do an investigation. Instead, it harassed me without doing an investigation and presumably justified it on grounds that it “doesn’t have the resources to check out the facts” while it is teeming with lawyers.
    ANY time you want to bring my case up in a public forum NCMB!
    And you wonder why I am so angry! Go back and read my posts.
    But it’s the same for most, if not all medical boards. They have an agenda. NCMB’s at the time in 2003 was the “disruptive physician.”
    Earlier, back in KY in 1994, the KY Board of Medical Licensure had filed a complaint against my license and ignored the most basic statutes of the KY Medical Practice Act. 1.) It denied me the most basic due process, and just fired off a lawsuit without even doing the required investigation, instead of relying totally on the grievants’ version of events as stated by their plaintiff attorney’s letter. (He sure had an ax to grind, better understood as a contingency fee award in the event of a successful jury verdict or settlement from the companion medical malpractice suit against me.)
    2.) Relied on a different specialty, anesthesiology, when the KY Medical Practice Act required the physician be held to the same specialty, in my case, orthopedic surgery. Their orthopedic expert BTW totally exonerated me. Fast forward to NC and the rush to judgment was the same. NCPHP director, the Center for Professional Well Being in Durham, and the NCMB’s own forensic psychiatry and psychology experts all exonerated me. In the same way, the NCMB just relied on a slip of paper at face value stating that I had been suspended at Albemarle Hospital in Elizabeth City for 7 days for publically scolding a registration worker (which didn’t even meet the 10 day threshold for a reportable defense!) No investigation, just evaluation after evaluation ordered by the NCPHP and NCMB until I wound up in exile for 3 months in a sham treatment facility being treated as a drug addict and alcoholic! As the movie trailer said in the Adam Sandler & Jack Nicholson movie “Anger Management,” Adam didn’t use to have an anger problem, but he’s got one now!

    My memoirs, written with pen name Bryce Sterling. Based entirely on actual events. You would not believe the events that transpired in KY, NC and MS.

    https://www.archwaypublishing.com/Bookstore/BookDetail.aspx?Book=761645

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  3. As demonstrably corrupt is PHCU, the MA system is structurally-superior to the Colorado PHP system. In Colorado, “non-compliance” declarations are entirely with the control of CPHP and no standards for such declarations exist. The medical board and administrative courts rubber stamp these declarations. The Colorado Court of Appeals has held that a physician “must do whatever CPHP demands.” No appeals. No standards. No oversight.

    Liked by 1 person

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