New Center for Physician Rights Helps Protect, Guide Doctors (Article Published in Medscape Medical News November 9, 2018)

via New Center for Physician Rights Helps Protect, Guide Doctors (Article Published in Medscape Medical News November 9, 2018)

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New Center for Physician Rights Helps Protect, Guide Doctors (Article Published in Medscape Medical News November 9, 2018)

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New article by Pauline Anderson published in Medscape Medical News.

Please follow link and comment.


News > Medscape Medical News > Psychiatry News

New Center for Physician Rights Helps Protect, Guide Doctors

Pauline Anderson

November 09, 2018

 

Physicians who believe they have been subjected to unfair treatment and/or discipline by a state medical board, physician health program (PHP), or other regulatory body now have a place to turn for information, advice, and support.

Screen Shot 2018-11-10 at 5.51.01 PM.pngThe newly launched Center for Physician Rights (CPR) “will aggressively pursue necessary changes in the administrative legal arena to ensure fairness, prevent abuse of power and, where indicated, promote ethical and compassionate treatment,” according to the organization’s website.  Propelled by his own career-ending experience with the North Carolina Medical Board (NCMB) and that state’s PHP, CPR founder Kernan Manion, MD, told Medscape Medical News the new organization will, among other things, offer physicians “pointers” on how to deal with PHPs.

 

“We will tell them, here’s what you need to look out for; here are the warning signs of a sham peer review; here are some methods to approach this; here is why you need to have a lawyer who specializes in this and not a generic lawyer,” he said.  A practicing psychiatrist for some 30 years who had no previous disciplinary problems with any licensing body, Manion said he was put on the defensive when an anonymous source raised concerns about his mental health, which resulted in an investigation by the NCMB.

Although an independent, comprehensive psychological evaluation determined he had no mental disorder or other psychological impairment, an assessment by the NCMB concluded otherwise, and he was forced to deactivate his medical license.

In 2016, he launched a lawsuit against the North Carolina PHP and the NCMB, which was ultimately unsuccessful on appeal because it exceeded the time limit for filing a petition. As reported by Medscape Medical News at that time, Manion blamed the board and the PHP for using stall tactics to delay the legal process.

In the midst of his struggles, Manion organized a physician advocacy study group whose members were experts in this area or “who had been traumatized” by firsthand experiencwith a state medical board or PHP, he said.

Subsequently, the group began reaching out to the physician community and gradually became more visible, he said. As it did so, individual physicians, some of them “desperate” in the face of a PHP accusation, began reaching out for help.

One-Stop Shop

Now, with the official launch of the CPR, said Manion, these physicians have a one-stop access point for assistance.

Many of these cases, he said, have devastating psychological effects on the accused, including suicidality.

Another of the CPR’s key players is Louise B. Andrew, MD, JD, an emergency physician, internist, and lawyer. Andrew has a keen interest in physician suicide prevention. Her interest in this began when a number of such deaths occurred during her medical training and while on faculty at Duke University in Durham, North Carolina, and Johns Hopkins Medical School in Baltimore, Maryland.

While chairing the Well-being Committee of the American College of Emergency Physicians (ACEP), she was contacted by members who claimed to have been treated inappropriately by PHPs.

“Some had depression and were being forced into drug treatment programs that bankrupted them and in some cases ran them out of medicine and, in at least one case, caused a suicide. That disturbed me a great deal, and I’m continuing to see more of the same,” she told Medscape Medical News.

Andrew was licensed for a number of years in her home state of North Carolina. She said she was “appalled” when, in 2008, she received the standard license renewal application requesting all prior medical records for “vetting by the PHP as to the need for intervention and monitoring.”

As a lawyer, as well as a physicians, and having represented the ACEP for years at the Federation of State Medical Boards (FSMB), she knew the request was unorthodox, she said.

Since the North Carolina license was superfluous because she was no longer living in the state, she deactivated it in protest.

“I had learned at the FSMB that there was competition among state medical licensure boards to increase their disciplinary statistics, so I began monitoring the issue,” she said.

“Critical” New Resource

The CPR, said Andrew, will be a “critical” resource for physicians, who, when they become involved in an investigation, “are often induced to relinquish their basic rights, believing that they have nothing to hide and that these organizations exist to protect them.”

These physicians “are tacitly or even actively discouraged from seeking legal counsel,” said Andrew.

“They often find themselves railroaded into treatment that is unjustified and held hostage by the threat of licensure action; and because if they have signed away rights, are not even able to fight the injustice legally.”

In addition to the free “curbside” advice, the CPR offers a fee-based coaching program. Fundraising efforts should help those who can’t pay “because their resources have already been depleted,” said Manion.

Manion plans to apply for nonprofit status to make the CPR a charitable organization. Andrew is pitching in to help with this process.

She has experience setting up nonprofit organizations designed to help physicians. One of them, the Coalition and Center for Ethical Medical Testimony, provides education for those involved in medical malpractice cases.

Manion’s group is also pulling together a book of personal essays and advice columns, tentatively entitled Disrupted Doc, to help raise funds.

A contributor to that book, Anne Phelan-Adams, MD, is an original member of the advocacy work group. Like Manion, her personal story prompted her to become active.

About 3 years ago, Phelan-Adams, who had been practicing medicine for more than 35 years, experienced a personal crisis that “devastated” her but from which she completely recovered. Nevertheless, the Ohio state medical board launched an investigation into her personal circumstances.

After she refused to agree to a 3-month stint in residential treatment, she allowed the board to revoke her medical license.

“I was unwilling to spend 90 days in an alcohol and drug treatment center because I didn’t have either alcoholism or addiction,” she told Medscape Medical News.

Civil Rights Violation?

After talking to other healthcare professionals in similar circumstances and doing some additional research, she discovered that her story is far from unique.

“It’s clear that the basic civil rights of countless healthcare professionals have been flagrantly violated by state licensing boards,” she alleges.

Many medical boards, she said, have “devolved into quasi-judicial, extra-legal agencies that are rife with civil rights violations, hidden agendas, and financial conflicts of interest.”

As for PHPs, these “have degenerated into pseudo-medical, state sanctioned profit centers that have dubious financial relationships with the expensive rehabilitation facilities and psychiatric hospitals” into which they funnel their “impaired” physicians, she said.

A key element of the CPR is peer support and talking to someone who has been through the experience. A physician who asked to remain anonymous because he’s still practicing and is concerned about professional repercussions will be stepping into this peer support role.

As a result of one conviction for driving under the influence almost 4 years ago, the physician completed a “very rigorous, long, and intense court-ordered” treatment program.

During that program, the Washington state medical board “issued a press release saying my medical license had been suspended for noncompliance with treatment for alcohol abuse, which was totally unfounded,” he told Medscape Medical News. He only learned of his license suspension through the media.

“I know from experience that this can do a total number on someone emotionally, psychologically, spiritually, and every which way; it’s extremely traumatic,” he said.

“Doctors have invested enormous amounts of time, energy, and money on years of education and training, and in most cases, they are respected in the community and provide good-quality care. So this experience completely and totally pulls the rug from underneath someone, personally and professionally,” said the physician.

A Sense of Hope

He wants to offer physicians a “sense of hope.” His medical license was reinstated – albeit after almost a year and at a cost of thousands of dollars in legal fees, he said. Nevertheless, he describes himself as “one of the fortunate ones.”

He also envisions “being a kind of voice of reality” to those facing this kind of situation.

Manion’s plan also includes educating legal groups.

“We want to serve as knowledge experts about what really goes on in the medical community, because lawyers haven’t got a clue, for the most part,” said Manion.

Another important role of the CPR is advocacy.

“This is not just about helping the individual physician; it’s about taking a legislative stance and making changes,” said Manion.

Many areas require reform, he said. He pointed to the North Carolina PHP that “went behind the scenes” and lobbied the state legislature to change the wording of the law governing what it’s allowed to do.

“Believe it or not, the law gave the PHP basically the equivalent of a medical license – to evaluate and refer,” he said

Auditor Report Follow-up?

He wants to know what happened to the 2014 North Carolina auditor’s report that raised the possibility that some physicians “were deprived of legally required due process.”

The auditor was supposed to follow-up within 18 months, but nothing came of it, said Manion.

“We have the feeling [the auditor] may have been pressured into making this go away. But we’re saying that this is not going away; physicians are being harmed,” he said.

In the wake of allegations of financial conflicts of interest and inadequate treatment options for nonaddictive illness against the North Carolina PHP, a work group of the American Psychiatric Association (APA) Council on Psychiatry and Law was tasked with looking into standards and practices of PHPs across the board.

Last year, the work group issued a report that said it “does not confirm or deny the veracity of those allegations.”

However, the report did include several recommendations on appropriately dealing with physicians who have a mental health or substance use problem.

One recommendation is that in addition to the traditional chemical dependency treatment track, “there should be treatment tracks designed specifically for the management of psychiatric disorders or other medical disorders that do not require traditional substance abuse program elements.”

Wherever possible, the report notes, physician evaluations should occur within the boundaries of his or her locale and the medical board’s own jurisdiction.

No Place for Financial Gain

It’s noteworthy that the report outlined explicit policies to discourage financial conflicts of interest.

“PHPs should not operate for the purpose of making a profit,” the authors note.

The document was posted on the APA website and is available to all APA district branches.

But it’s simply a road map. According to the APA, it has no authority to intervene on behalf of individual physicians who complain about treatment by a PHP.

As a “private collection of doctors” and not a government agency, it has no investigative authority and can’t subpoena documents or records.

Class Action Lawsuit

But the courts do. A class action lawsuit is being pursued in the state of Michigan.

The case began more than 3 years ago, when lawyers filed a suit against the Michigan Health Professional Recovery Program, which is that state’s equivalent of a PHP, on behalf of three nurses and a physician assistant.

Since then, several hurdles have been cleared, said Ronald W. Chapman II, Esq, LLM, whose legal firm, Chapman Law Group, in Troy, Michigan, is handling the case.

“We have survived two rounds of motions to dismiss by the PHP and the state, and the judge ruled that we have viable claims,” Chapman told Medscape Medical News.

Another success, said Chapman, has been securing “a significant amount of discovery.”

What he and his colleague uncovered, he said, was that if there was any indication that a healthcare provider might be impaired, they were sent to a PHP.

If the provider refused to contact the PHP or didn’t accept its request to be monitored, the state would “automatically” suspend their license.

In addition, if they accept monitoring, “we found that the PHP was applying broad-based treatment decisions and protocols and were unfairly recommending monitoring for people who didn’t have an indication of a diagnosis,” said Chapman.

Currently, he and his team are awaiting class certification.

“We have oral arguments before a federal judge next month to deal with the issue of class certification,” he said.

Once that’s in hand, the road to a trial should be much smoother. However, he added, a settlement is also possible.

“They might see that they are going to be on the hook for damages to a large swathe of the Michigan health professional population,” he said.

The current focus of the CPR is on physicians, but Manion plans to expand this to include all healthcare providers – nurses, dentists, veterinarians, and pharmacists. “We have seen them all harmed,” he said.

AMA Weighs In

Medscape Medical News contacted the FSMB, the NCMB, and the Federation of State Physician Health Programs (FSPHP) for their take on the CPR. The FSMB and the NCMB both declined to comment. The FSPHP had not responded at press time.

Medscape Medical News also contacted the American Medical Association (AMA) to determine whether there has been an uptick in member complaints about unfair treatment at the hands of PHPs or state medical boards.

“The AMA can’t corroborate that there’s a trend in physicians being subjected to unjustified or unfair medical board investigations,” Robert J. Mills, the AMA’s media relations manager, told Medscape Medical News.

“The regulation of medicine is a state-run process governed by the laws and statutes of the local state legislature. On matters of state law and regulation, the AMA defers to local state medical associations as the primary authorities.

“The state medical associations are best positioned to monitor the state medical boards and take investigative action if there are causes for concern,” he added.

 

Doctor Loses Medical License For Legally Treating Her Menstrual Cramps With Cannabis

Screen Shot 2018-09-08 at 11.55.01 AMWashington’s physician health program prohibits doctors from legal cannabis use. When Dr. Yolanda Ng was offered a job as a pediatric nephrologist at Providence Sacred Heart Children’s Hospital in Spokane, Washington, she was forced to take a drug test. It turns out using a cannabis tincture to treat the pain from her menstrual cramps would effectively end her medical career.
— Read on herb.co/marijuana/news/doctor-yolanda-ng-lost-medical-license-for-cannabis-use/

Moral Crusades and Moral Panics as a Means of Social Control in the Medical Profession

The terms “impaired physician” and the “disruptive physician” are used as labels of deviancy. As deviants who allegedly threaten the very core of medicine (patient care) and the business of medicine (profit) they must be stopped at all costs. Belief in the seriousness of the situation justifies intolerance and unfair treatment. The evidentiary standard is lowered. Aided by a “conspiracy of silence” among doctors in which impaired colleagues are not reported necessitates identification of them by any means necessary. Increase the grand scale of the hunt.

Disrupted Physician

IMG_9005The Medical Profession, Moral Entrepreneurship, and Social Control

Sociologist Stanley Cohen  used the term “”moral panic” to characterize the amplification of deviance by the media, the public, and agents of social control.1  Labeled as being outside the central core values of consensual society, the deviants in the designated group are perceived as posing a threat to both the values of society and society itself.   Belief in the seriousness of the situation justifies intolerance and unfair treatment of the accused.   The evidentiary standard is lowered.

Howard Becker describes the role of “moral entrepreneurs,” who crusade for making and enforcing rules that benefit their own interests by bringing them to the attention of the public and those in positions of power and authority under the guise of righting a society evil. 2

And according to cultural theorist Stuart Hall, the media obtain their information from the primary definers of social…

View original post 2,652 more words

Article from The Valley Patriot Newspaper: “State Auditor’s Office Protects The Big Swamp From The Law.”

cropped-screen-shot-2016-10-10-at-9-32-40-pm1https://www.gofundme.com/PHPReform

“It is very difficult to collect the documentary evidence but Dr Langan has done it. And the auditors are angry because now they cannot say they do not know.

Henry Morgenthau proved that everyone at the State dept. knew about the holocaust as it was unfolding and concealed the facts to avoid public pressure to save the Jews. Everyone at the state auditor’s office is no better.

The auditors know that these crimes by Board lawyers and the medical society caused numerous doctors to commit suicide in the prime of their life. These suicides occurred because the state auditor knew about the crimes and ongoing deaths of despair and did nothing. Same as the diplomats at State during the holocaust.”

via Article from The Valley Patriot Newspaper: “State Auditor’s Office Protects The Big Swamp From The Law.”

The history of the “impaired physician movement” and the takeover of American Medicine by ASAM addiction addicts.

“With one arm around the shoulder of religion and the other around the shoulder of medicine, we might change the world.”—Twelve Steps and Twelve Traditions, AA World Services, Inc (1953).
 
Screen Shot 2018-01-15 at 3.26.56 PMPlease donate at  https://www.gofundme.com/PHPReform

 
In order to comprehend the current plight of the Medical Profession and the dark clouds that lie ahead it is necessary to understand the history of the “impaired physician movement” and the American Society of Addiction Medicine.

In 1985 the British sociologist G. V. Stimson wrote:

“The impaired physician movement is characterized by a number of evangelical recovered alcoholic and addict physicians, whose recovery has been accompanied by an involvement in medical society and treatment programs. Their ability to make authoritative pronouncements on physician impairment is based on their own claim to insider’s knowledge.”1

The impaired physician movement emphasizes disease antherapy rather than discipline and punishment and believes that addiction is a chronic relapsing brain disease requiring lifelong abstinence and 12-step spiritual recovery. The drug or alcohol abuser or addict is a person lacking adequate internal controls over his or her  behavior;  for his own protection as well as the protection of society external restraints are required including involuntary treatment.

The American Society of Addiction Medicine can trace its roots to the 1954 founding of the New York City Medical Society on Alcoholism (NYCMSA) by Ruth Fox, M.D whose husband died from alcoholism.

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Finding that alcoholics in her psychoanalytic practice did not recover when she used conventional analytic approaches, she taught her patients about alcoholism as a disease and introduced “them to AA meetings held in her living room.”2

A number of physicians in the New York Medical Society were themselves recovering alcoholics who turned to Alcoholics Anonymous for care.3

The society, numbering about 100 members, established itself as a national organization in 1967, the American Medical Society on Alcoholism (AMSA).3

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The group promoted the concept of alcoholism as a chronic relapsing disease requiring lifelong spiritual recovery through the 12-steps of AA.

By 1970 membership was nearly 500.2Screen Shot 2014-02-22 at 2.47.51 PM

In 1973 AMSA became a component of the National Council on Alcoholism (NCA), now the National Council on Alcoholism and Drug Dependence (NCADD) in a medical advisory capacity until 1983.

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“Abstinence from alcohol is necessary for recovery from the disease of alcoholism” became the first AMSA Position Statement in 1974.2

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In 1985 ASAM’s first certification exam was announced. According to Dr. Bean-Bayog, chair of the Credentialing Committee:

“A lot of people in the alcoholism field have long wanted physicians in the field to have a high level of skills and scientific credibility and for this body of knowledge to be accredited.”2

And in 1986 662 physicians took the first ASAM Certification Exam.medical

By 1988 membership was over 2,800 with 1,275 of these physicians “certified” as:

“having demonstrated knowledge and expertise in alcoholism and other drug dependencies commensurate with the standards set forth by the society.”4
“While certification does not certify clinical skill or competence,” the Board explained, “it does identify physicians who have demonstrated knowledge in diagnosis and treatment of alcoholism and other drug dependencies.”5
Somehow, I don't think this is quite what they had in mind!

Achieving “recognized board status for chemical dependence” and fellowships in  “chemical dependency”  are among the five-year objectives identified by the group.  These are to come to fruition by  “careful discussion, deliberation, and consultation” to “determine its form and structure and how best to bring it about.”5

The formation of ASAM State Chapters begins with California, Florida, Georgia, and Maryland submitting requests.6

In 1988 the AMA House of Delegates votes to admit ASAM to the House. According to ASAM News this “legitimizes the society within the halls of organized medicine.”2

In 1989 the organization changes its name to the American Society of Addiction Medicine (ASAM).2

Since 1990, physicians have been able to list addiction medicine as a self-designated area of practice using the specialty code “ADM.”

By 1993 ASAM has a membership of 3,500 with a total of 2,619 certifications in Addiction Medicine.

The Membership Campaign Task Force sets  a goal to double its membership of 3,500 to 7,000 by the year 2000 to assure “the future of treatment for patients with chemicals. It represents a blueprint for establishing addiction medicine as a viable entity.”7

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Ninety physicians become Fellows of the American Society of Addiction Medicine (FASAM) in 1996 “to recognize substantial and lasting contributions to the Society and the field of addiction medicine.”8

Among the honorees are Robert DuPont, G. Douglas Talbott, Paul Earley, and Mel Pohl. In addition to at least five consecutive years of membership and certification by the Society, Fellows must have “taken a leadership role in ASAM through committee service, or have been an officer of a state chapter, and they must have made and continue to make significant contributions to the addictions field.”8

The American Board of Addiction Medicine (ABAM) is formed in 2007 as a non-profit 501(C)(6) organization “following conferences of committees appointed by the American Society of Addiction Medicine” to “examine and certify Diplomats.”9

In 2009 National Institute on Drug Abuse (NIDA) Director Nora Volkow, M.D., gives the keynote address at the first ABAM Screen Shot 2014-11-18 at 10.12.23 AMboard certification diploma ceremony.10

According to an article in Addiction Professional “Board certification is the highest level of practice recognition given to physicians.”

“A Physician membership society such as ASAM, however, cannot confer ‘Board Certification,’ ” but a“ “Medical Board such as ABAM has a separate and distinct purpose and mission: to promote and improve the quality of medical care through establishing and maintaining standards and procedures for credentialing and re-credentialing medical specialties.”

The majority of ASAM physicians meet these requirements by “working in a chemical dependency treatment facility, taking continuing medical education courses in addiction, or participating in research.”11

“In the United States accredited residency programs in addiction exist only for psychiatrists specializing in addiction psychiatry; nonpsychiatrists seeking training in addiction medicine can train in nonaccredited ‘fellowships,’ or can receive training in some ADP programs, only to not be granted a certificate of completion of accredited training.”11

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Specialty recognition by the American Board of Medical Specialties, fifty Addiction Medicine Fellowship training programs and a National Center for Physician Training in Addiction Medicine are listed as future initiatives of the ABAM Foundation in 2014.

The American Society of Addiction Medicine’s mission is to “establish addiction medicine as a specialty recognized by professional organizations, governments, physicians, purchasers, and consumers of health care products, and the general public’12   

In this they have succeeded.

And in the year 2014 G.V. Stimson’s characterization of the “impaired physician movement” remains as accurate and apt as it was in 1985. But the “number of evangelical recovered alcoholic and addict physicians” has increased dramatically  (outnumbering Addiction Psychiatry by 4:1)  and their involvement in  medical society and treatment programs” has been realized and enforced through the state Physician Health Programs and their “PHP-approved’ assessment and treatment centers.Screen Shot 2014-11-18 at 10.11.55 AM

Their “ability to make authoritative pronouncements on physician impairment…based on their own claim to insider’s knowledge”  has become public policy and sanctified by Regulatory Medicine -essentially the Word of the Lord.

And the 1953 Alcoholics Anonymous prophecy that “With one arm around the shoulder of religion and the other around the shoulder of medicine, we might change the world” is also coming to pass.

But the world is not changing for the better as that arm around the shoulder of religion has its fingers deep in the pockets of the multi-billion dollar drug and alcohol testing and assessment and treatment industries.  And the arm around the shoulder of medicine has its fingers clamped tightly around its throat; a stranglehold in full throttle suffocating the Profession of Medicine with no meaningful opposition I can see.

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  1. Stimson GV. Recent developments in professional control: the impaired physician movement in the USA. Sociology of health & illness. Jul 1985;7(2):141-166.
  2. Four Decades of ASAM. ASAM News. March-April 1994, 1994.
  3. Freed CR. Addiction medicine and addiction psychiatry in America: Commonalities in the medical treatment of addiction. Contemporary Drug Problems. 2010;37(1):139-163.
  4. American Medical Society on Alcoholism & Other Drug Dependencies Newsletter. Vol III. New York, NY: AMSAODD; 1988:12.
  5. Ursery S. $1.3M verdict coaxes a deal for doctor’s coerced rehab. Fulton County Daily Report. May 12, 1999b 1999.
  6. AMSAODD News. Vol III. New York, NY: American Medical Society on Alcoholism & Other Drug Dependencies; 1988.
  7. Membership Campaign Update. ASAM News. Vol VIII: American Society of Addiction Medicine; 1993:11.
  8. ASAM News. Vol 12. Chevy Chase, MD: American Society of Addiction Medicine; 1997:20.
  9. http://www.abam.net/about/history/.
  10. Kunz KB, Gentiello LM. Landmark Recognition for Addiction Medicine: Physician certification by the American Board of Addiction Medicine will Benefit all Addiction Professionals. Addiction Professional. 2009. http://www.addictionpro.com/article/landmark-recognition-addiction-medicine.
  11. Tontchev GV, Housel TR, Callahan JF, Kunz KB, Miller MM, Blondell RD. Specialized training on addictions for physicians in the United States. Substance abuse : official publication of the Association for Medical Education and Research in Substance Abuse. Apr 2011;32(2):84-92.
  12. http://www.asam.org/about-us/mission-and-goals.

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Win a 1964 Rolling Stones Vinyl  45 signed by Mick Jagger, Keith Richards, Brian Jones, Bill Wyman and Charlie Watts–It is yours if you can show physician health program director Dr. Luis Sanchez committed fewer than 3 felonies!

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via Win a 1964 Rolling Stones Vinyl  45 signed by Mick Jagger, Keith Richards, Brian Jones, Bill Wyman and Charlie Watts – just detect fewer than 3 felonies in the attached documents.   

It has been almost 1.5 years since I offered over $25 thousand dollars in cool prizes to anyone who could show that past president of the Federation of State Physician Health Programs (FSPHP)  and Medical Director of Physician Health Services, inc. (PHS) Dr. Luis “the dirty” Sanchez did not commit multiple felonies  (December 9, 2016).  All of the the prizes can be seen below.

I am Offering Over $25,000 in cool prizes to anyone who can show past FSPHP President Sanchez did not commit at least 3 felonies based on documentary evidence alone! I claim the documents show direct evidence of multiple serious crimes –prove me wrong and the whole lot is yours!

Perhaps the booty isn’t good enough so I added a 1964 Decca  7″ 45 RPM original pressing of Little Red Rooster  (A) and Off the Hook (B) on vinyl signed by Mick Jagger, Keith Richards, Brian Jones, Bill Wyman and Charlie Watts.  . All anyone has to do is look at the documents and show how Sanchez committed fewer than three felonies. If Sanchez committed only two felonies you win!  If Sanchez committed just one felony you win!  Simple enough? Should be easier than HQ.

Dr. Sanchez machinations and misconduct can be seen here.  It took a formal complaint with the College of American Pathologists to get the truth out.  More of this fiasco can be seen here and here.   What Sanchez  and his co-conspirators did is egregious and ethically reprehensible.  It shows a complete lack of moral compass and personal integrity.  What was done from collection to report to coverup  and everything in-between is in fact indefensible on all levels (procedurally, ethically, and legally).  So too are the actions of Board attorney Deb Stoller (who not only covered it up forensic fraud but was complicit in it) and those of Assistant Attorney General Bryan Bertram (who is continuing to participate in a cover-up of a cover-up) in violation of ethics and professional conduct. In a perfect society Sanchez would have his medical license revoked and the other two would have been disbarred by now.  In a perfect society all three would be held accountable for crimes.  Does Bertram’s superiors know what he is doing? I don’t think so.  They will at some point.

I think everyone would agree that there should be zero-tolerance for forensic fraud and cover-up and cover-ups of cover-ups in positions of power.    Any person of honor and civility would agree. The documentary evidence shows with clarity that this subterfuge and chicanery was not accident or oversight.  It was intentional and purposeful misconduct.  It is indefensible. Attorneys cannot ignore the obvious.

Transparency, regulation, and accountability are necessary for these groups.

To be fair if Sanchez  can give any  procedural, ethical, or legal explanation for his actions then I stand corrected.  Same applies to his apologists, lackeys and  morally challenged counterparts Stoller and Bertram.  Just one will suffice.  I’ll erase my blog and vanish into oblivion.  No questions asked. Into the woodwork.  But If this trio  cannot then this malfeasance needs to be addressed openly and publicly.   It is their agencies responsibility to correct this –however late the hour may be.  My suspicion is that all of this has been blocked from going upstream.

Forensic fraud has grave and far reaching effects and in this case has severely impacted many people and includes patient deaths. Perhaps this trio needs to take a “moral inventory” and see that this this type of behavior causes real damage to real people and put a faces on it.  The increasing comments on Pauline Anderson’s latest Medscape article would be a start.

Perhaps Sanchez, Stoller and Bertram  need to be asked these questions by an  investigative reporter. Direct and simple questions deserve direct and simple answers.  “Not my department” and “no comment” are no longer acceptable.  We need to demand answers.

It is people just like this who are killing physicians across the country.   The body count is vast and multiple. This type of behavior is directly and temporally related to the recent epidemic of suicides in doctors.  They have removed themselves from conventional accountability by withholding information and suppressing facts. No longer.  The sympathizers and apologists who refuse to acknowledge or investigate wrongdoing will be held to account. Sanchez, Stoller and Bertram believe they are beyond reproach; complacent in the belief they are protected from harm and insulated from investigation.   The evidence, however, is not going away. Neither am I. Neither are the growing legion of ethical individuals who want to drain this swamp.

Corruption is misuse of entrusted power.  It occurs when those who have been given authority to carry out expected goals instead use their position and power to benefit themselves and others close to them. Abuse of power is particularly egregious when that person is doing the opposite of what he or she is supposed to do.

Accountability is necessary to prevent corruption and necessitates both the provision of information and justification for actions;  what was done and why?   The other defining factor of accountability is the ability of outside actors to punish and sanction those who commit misconduct or wrongdoing.    Without these constraints corruption is inevitable.

This is corruption plain and simple and  The doctors and patients of Massachusetts and the doctors and patients of this entire country deserve better than this.

As no checks and balances exist I am offering 25K in prizes and now adding a 1964 45″ signed by the Rolling Stones; Mick Jagger, Keith Richards, Brian Jones, Bill Wyman and Charlie Watts.  One of the problems in this system cognitive dissonance and the belief that there must be something more to it.  There isn’t.  Fact is I could offer you my car, everything I own or my very soul and you would still not be able to disprove that Sanchez committed multiple felonies, that Stoller not only  covered it all up but was complicit and that Bertram is engaging in a cover-up of a cover-up by misusing administrative law and is in violation of the rules of professional conduct and basic ethics and morality. So here’s the ticket.  Either come get the prizes or help me get this exposed and dismantled.  Either defend them or help me hold them accountable. Silence is not an option.

Source: Adding 1964 Rolling Stones Decca 7″ 45″Off the Hook” Vinyl signed by Mick Jagger, Keith Richards, Brian Jones, Bill Wyman and Charlie Watts to 25 K in prizes previously offered to the first person who can disprove FSPHP President did not commit multiple felonies!
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Article from The Valley Patriot Newspaper: “State Auditor’s Office Protects The Big Swamp From The Law.”

The article below by Dr. Bharani Padmanabhan was published in The Valley Patriot  in print in April.  Will update when it is available online.

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State Auditor’s Office Protects The Big Swamp From The Law

Bharani Padmanabhan MD PhD

People on food stamps are the lowest rung on the economic ladder, people who need charity just to eat. Going after poor people helps bureaucrats pretend they care about taxpayers. By targetting people on assistance, the state auditor’s office fools everyone by deflecting attention from its refusal to audit high crimes by the ‘elite’ reptiles in control of the Massachusetts swamp.

This week the state auditor’s office preened itself on identifying $10.7 million of Medicaid fraud. In absolute terms this $10.7 million is a hill of beans given that we lose $4 billion annually to healthcare fraud nationally. Given that Massachusetts’ fiscal 2018 healthcare budget is $21.7 billion, this $10.7 million is a convenient farce. Almost a rounding error at 0.049% of annual state health costs and 0.27% of the annual national fraud.

The auditor’s enabling statute, MGL ch. 11 § 12, declares: “Section 12. The department of the state auditor shall audit the accounts, programs, activities and functions directly related to the aforementioned accounts of all departments, offices, commissions, institutions and activities of the commonwealth, including those of districts and authorities created by the general court and including those of the income tax division of the department of revenue.” Note it says SHALL, not may if you feel like it.

The state auditor’s office goes after poor people to conceal the fact that the vast majority of our ‘departments, offices, commissions, institutions and activities’ go totally unaudited. As a matter of common sense, where do you think the vast majority of the money disappears? Naturally we didn’t hear about the invisible State Police salaries from the state auditor either.

For three years now Dr Michael Langan and I have been trying to get the state auditor’s office to audit the state medical board and its illegal kickback relationship with the Massachusetts Medical Society. This effort involved emails and meetings in person with Deputy Auditor Ken Woodland and with Director William Keefe, who is with the Bureau of Special Investigations and allegedly the point person to combat white collar crime. As with everything to do with state government, reality is a bummer.

Dr Langan presented Keefe with hard evidence that showed Board lawyer Robert Harvey fabricated a false document to serve as a pretext for suspending a doctor’s license as punishment for refusing to pay extortion money to the medical society. A classic protection racket with license suspension as the Board’s form of breaking the victim’s leg. At a minimum it was Keefe’s duty to report Harvey to the SJC’s Bar Overseers for violating its Rules on Professional Conduct. Keefe did not.

Dr Langan presented Keefe with hard evidence that showed Asst. AG Bryan Bertram consciously lied to the court and concealed evidence of forensic fraud and obstruction. Exactly like the state lawyers did in the Sonja Farak case. At a minimum it was Keefe’s duty to report Bertram to the SJC’s Bar Overseers for violating the Rules and obstructing justice. He did not.

Dr Langan presented Keefe with hard evidence that showed a long-running procurement fraud and kickback scheme between the medical society and Board lawyers that involved hundreds of thousands of dollars. It has been three years and the auditors have refused to audit, let alone report crime.

Two years ago I presented Deputy Auditor Woodland in person with documents showing the renting out of the Board by its lawyers to other doctors in order to ‘take out’ their competition. I also gave him documents showing the parking of tax dollars by the Board in a private foundation invisible to the public. A secret slush fund.

Here is Keefe’s response today (4/4/18): “Sir, As Ken and I have discussed with you and Michael, we will be looking into your concerns when we audit the agency. Bill Keefe.” So, when I report a crime, it is merely ‘my concern.’

It is very difficult to collect the documentary evidence but Dr Langan has done it. And the auditors are angry because now they cannot say they do not know.

Henry Morgenthau proved that everyone at the State dept. knew about the holocaust as it was unfolding and concealed the facts to avoid public pressure to save the Jews. Everyone at the state auditor’s office is no better.

The auditors know that these crimes by Board lawyers and the medical society caused numerous doctors to commit suicide in the prime of their life. These suicides occurred because the state auditor knew about the crimes and ongoing deaths of despair and did nothing. Same as the diplomats at State during the holocaust.

(Bharani Padmanabhan MD PhD is a multiple sclerosis neurologist. On July 12, 2017 the state medical board stole his license because he reported Medicaid fraud to the government. scleroplex@gmail.com)

Senate Bill 286 attempts to rein in dictatorial actions of State Board of Medical Examiners, runaway investigators

This is tomorrow and the link below contains ALL the committee members emails:

http://house.louisiana.gov/H_Cmtes/HealthAndWelfare.aspx

Remember, this has already passed the FULL Senate UNANIMOUSLY (NON-PARTISAN), but the house may be a harder sell.

Our opponents are going to make a big charade. A shit show of logical fallacy and spin. Propaganda, threats and misinformation. During the European witch-hunts the legal notion of crimen exceptum (an exceptional and most dangerous crime] allowed for the suspension of the normal rules of evidence to punish the guilty. Same premise. Sanctimony, feigned piety and hypocritical devoutness will all be used to justify torture and torment. After all that’s a small price to pay when it comes to protecting the public from drug addled doctors throwing opiates out like candy from a parade float.

“Witch hunting,” wrote the historian Rossell Hope Robbins, “was self-sustaining and became a major trade, employing many people, all battening on the savings of the victims.” Same applies to these asshats so if you have not place your vote in this 11th hour then please do so now. Make it short and sweet. Quick and to the point.

I am in FAVOR of SB 286, The Physician’s Bill of Rights

I am a ______ healthcare professional who has been a victim of laws which have provided me no due process. Ordinary procedures are enough to assure the safety of the public without risking the destruction of the lives of good doctors unduly. There is no place in our country for any person or class of persons to be denied due process, period.

For what it’s worth (and sadly) these matters are often decided by the number of FOR letters any given voter has vs. AGAINST letters they have.

Louisiana Voice

Physicians Health Foundation (PHF), which for years has abetted the Louisiana Board of Medical Examiners in targeting vulnerable medical practitioners in a manner reminiscent of the tactics employed by the Louisiana State Board of Dentistry, now finds itself in the crosshairs of State Sen. John Milkovich (D-Shreveport).

Both boards have for years flown under the radar of governors, legislators and the media but more and more, attention is being given to their near-autonomous rule by intimidation and extortion.

PHF, also known as the Healthcare Professionals’ Foundation of Louisiana (HPFL), is located on Bluebonnet Boulevard in Baton Rouge and it currently is about halfway through a three-year, $1.35 million contract with the Board of Medical Examiners to run a “Statewide Operations of Physicians Health Program.”

And, since the Board of Dentistry has been mentioned, it might be worth noting that PHF also is just over a year into a three-year, $287,000…

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