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

Audit officially started May 7, 2019. Office of State Auditor Suzanne Bump’s Director of Audit Planning and Review Billy Keefe refused to address any of the evidence of fraud prior to the start of the audit. Now that the audit has started he is disregarding it and excluding it from the audit (claiming it would bias results!). He is essentially excluding all evidence of fraud from the Physician Health and Compliance (PHC) Board counsel audit for purposes of determining no fraud exists! Need to terminate this tainted audit ASAP and put a spotlight directly on the documents Keefe is trying to bury.

Disrupted Physician

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

Screen Shot 2018-05-12 at 3.43.21 PM

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…

View original post 679 more words

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

Screen Shot 2019-02-25 at 8.03.44 PM

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.

cropped-screen-shot-2016-10-10-at-9-32-40-pm1

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.

 

 

 

 

 

Screen Shot 2019-03-22 at 3.30.33 PMScreen Shot 2019-05-13 at 10.53.13 PM.png

 

.”     

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Medical Urban Legend–The Legacy of the 4 MDs and why B.S. Needs to be Identified from the Get-Go!

#EndFSPHP

Disrupted Physician

photo “Because I can Biotches! That’s right..because I can!”

According to G. Douglas Talbott, rehabilitation programs that evaluate and treat the rest of the population for substance abuse issues are incapable of doing so in doctors as they are unlike any other inhabitants of our society.   Physicians are unique. Unique because of their incredibly high denial”, and this genetically inherent denial is part of what he calls the “four MDs.” Used to justify the thrice lengthier length of stay in physicians the “four-MDs” are as follows: “M-Deity”, “Massive Denial” “Militant Defensiveness” and “More Drugs.”

He states that “Impaired doctors must first acknowledge their addiction and overcome their ‘terminal uniqueness’ before they can deal with a drug or alcohol problem.”
Now some  doctors are arrogant undisciplined egotists but narcissistic personalities exist in any profession and expanding traits that may apply to a small percentage of doctors to include all doctors as a…

View original post 1,475 more words

The Lemonheads—Beautiful

Disrupted Physician

Video post by @mllangan1.

Every day is so wonderful
Then suddenly it’s hard to breathe.
Now and then I get insecure
From all the pain, I’m so ashamed.

I am beautiful no matter what they say.
Words can’t bring me down.
I am beautiful in every single way.
Yes, words can’t bring me down… Oh no.
So don’t you bring me down today.

To all your friends you’re delirious,
So consumed in all your doom.
Trying hard to fill the emptiness.
The pieces gone, left the puzzle undone.
is that the way it is?

Source: The Lemonheads – Beautiful

Written by Linda Perry.

Reliability of hair drug tests up for debate

via Reliability of hair drug tests up for debate

The Birth of Junk-Science in Drug and Alcohol Testing

The attached article concerns the reliability of hair-strand tests routinely accepted in child welfare cases in Ontario   as evidence of parental drug or alcohol abuse.  A positive test can lead to loss of parental custody of children.

The risk for false-positive results appears to be higher in women because of the higher use of alcohol-based hair products and the limitations of these tests are addressed in the article.

Almost 98% of ingested alcohol is eliminated through the liver in an oxidation process that involves its conversion to acetaldehyde and acetic acid, but the remaining 2% is eliminated through the urine, sweat, or breath.1

Ethyl Glucuronide (EtG) was introduced in 1999 as a biomarker for alcohol consumption,2 and was subsequently suggested as a tool to monitor health professionals by Dr. Gregory Skipper, M.D.,  because of its high sensitivity to ethanol ingestion.3

Screen Shot 2014-11-25 at 7.10.57 PM

This minor metabolite of alcohol was reported by  Skipper, M.D. and Friedrich Wurst, M.D., in November 2002 at an international meeting of the American Medical Society, to provide proof of alcohol consumption as much as 5 days after drinking an alcoholic beverage, well after the alcohol itself had been eliminated from the body.

In his study Dr. Skipper arbitrarily chose a value of 100 as a cut-off for EtG. The rationale behind this value is not cited.

In 2003, because of these and other reportedly remarkable results (e.g., positive findings, confirmed by admissions by the tested individuals, after traditional urine tests had registered negative), Skipper pitched the test to National Medical Services, Inc. (NMS labs) and it was developed as a Laboratory Developed Test (LDT).

So began EtG testing began in the United States, and this paved the way for the hair tests described. The urine EtG test introduced by Skipper is the index case and prototype for an array of unproven forensic tests introduced to the market as LDTs.

Screen Shot 2014-03-15 at 4.44.23 PMScreen Shot 2016-02-02 at 2.08.09 AM

Against the Rising Tide: Looking for Biostatisticians and Epidemiologists to help shape Drug-Testing Policy to be more Evidence-Based

via Against the Rising Tide: Looking for Biostatisticians and Epidemiologists to help shape Drug-Testing Policy to be more Evidence-Based

Wanted!–a Few Honest Statisticians, Biostatisticans and Epidemiologists who want to make a difference..

Screen Shot 2014-12-30 at 8.45.09 PM

It is only a few public policy steps and minor changes in state regulatory statutes before what is described in the ASAM White Paper on Drug Testing comes to fruition.  Before we know it the Drug and Alcohol Testing Industries “New Paradigm” as described here by Robert Dupont will be ushered in.  From the ASAM white Paper:

“THIS WHITE PAPER ENCOURAGES WIDER AND “SMARTER” USE OF DRUG TESTING WITHIN THE PRACTICE OF MEDICINE AND, BEYOND THAT,BROADLY WITHIN AMERICAN SOCIETY. SMARTER DRUG TESTING MEANS INCREASED USE OF RANDOM TESTING* RATHER THAN THE MORE COMMON SCHEDULED TESTING,* AND IT MEANS TESTING NOT ONLY URINE BUT ALSO OTHER MATRICES SUCH AS BLOOD, ORAL FLUID (SALIVA), HAIR, NAILS, SWEAT AND BREATH WHEN THOSE MATRICES MATCH THE INTENDED ASSESSMENT PROCESS. IN ADDITION, SMARTER TESTING MEANS TESTING BASED UPON CLINICAL INDICATION FOR A BROAD AND ROTATING PANEL OF DRUGS RATHER THAN ONLY TESTING FOR THE TRADITIONAL FIVE-DRUG PANEL.”
 

Backed by the multi-billion dollar drug and alcohol testing, assessment and treatment industry the public policy positions of the American Society of Addiction Medicine (ASAM) have invariably passed. There has been little if any meaningful opposition.

To prevent this future drug testing dystopia, that includes testing schoolchildren, we need to take a step back and analyze the reliability and credibility of the “evidence-base” behind these multiple non-FDA approved (Introduced as Laboratory Developed Tests (LDTs) to bypass FDA approval) “forensic” drug and alcohol tests and testing devices (The alcohol biomarkers EtG, EtS, PEth; SCRAM (Subcutaneous Remote Alcohol Monitoring Bracelet);CDPB (Cellular Digital Photo Breathalyzer); and Hair Testing- Psychemedics, etc.) the ASAM proposes be used on the population at large.  These tests include nail, hair, saliva, breath, blood and urine and they plan on utilizing the Medical Profession as a urine collection agency by calling this testing a “medical evaluation” rather than “monitoring” for drug and alcohol use.   This change in semantics enables them to bypass the usual forensic drug testing protocol (that includes strict chain-of-custody collection and MRO review) designed to minimize false-positives because the results of erroneous test can be grave and far reaching.  According to the ASAM white paper the “clinical” collection of specimens as is good enough as the results of a positive test will result in “treatment” rather than “punishment.”

Amazingly, there has been no Academic review of these tests, let alone a Cochrane type critical analysis.  It is essentially untapped territory.  In addition there has been no Institute of Medicine type Conflict of Interest Analysis.  

Sinclair Lewis’ “Elmer Gantry” and the “physician wellness” crusade.

via Sinclair Lewis’ “Elmer Gantry” and the “physician wellness” crusade.

Sinclair Lewis’ 1927 novel Elmer Gantry is a satire on fundamentalist  religion in 1920s America. The eponymous character is  a greedy and debauched womanizer  who reinvents himself as an evangelical minister. The Reverend Dr. Elmer Gantry is a carney huckster who weasels himself into becoming the leader of a large Methodist congregation.   He organizes crusades against immorality while he himself is amoral. Gantry is an unethical and unprincipled power hungry narcissist who contributes to the downfall, injury and even death of those around him.  Lewis’ portrayal of pious hypocrisy and opportunism of fanatical religiosity was denounced from pulpits across the country.  The book was banned in Boston and many other cities with official censorship boards.    Public libraries and some booksellers refused to stock it and the author was threatened with litigation, jail, injury and even death.  The attempts at censorship backfired and the novel quickly went to number one on the fiction bestseller list.

The “religion racket” no longer has the power to determine what we read.  Unfortunately, similar groups have gained tremendous sway.  The “rehab racket” has erected a scaffold able to remove our constitutionally protected rights and civil liberties not only legally but under the pretense of doing so out of our own best interests.      According to Erich Fromm  rational authority is based on competence, experience and mutual respect.  Irrational authority is often disguised as benevolent paternalism and is designed to perpetuate or intensify conditions of inequality through the use or threat of force, deceptiveness and secretiveness.

This system has unfortunately given power and allowances to unethical individuals  who are able to exert control over other individuals under the guise of “treatment” regardless of whether or not those individuals even need it as inherent in the current chronic brain disease model of addiction is the importance of external control.

 

cropped-screen-shot-2016-10-10-at-9-32-40-pm1

Please support my Godundme

https://www.gofundme.com/PHPReform&rcid=r01-155776904499-5e15afbb08604f73&pc=ot_co_campmgmt_w

Dental, Medical boards wield enormous leverage over licensees, but Supreme Court ruling could temper that

Posted on Louisiana Voice

February 23, 2019 by tomaswell

Trying to decipher which was the first to employ Gestapo-like extortion as a means of controlling licensees is like solving the chicken-or-the-egg riddle, but there’s no question that the methods employed by the Louisiana Board of Dentistry and the Louisiana State Medical Licensing Board are eerily similar.

Both employ highly questionable investigative methods, both impose stiff fines followed by even more outrageous fines if the licensee displays any will to resist what may even be bogus charges, and both make generous use of the most effective punishment: revocation of licenses—taking away the victim’s very means of earning a livelihood.

And both also occasionally force recalcitrant dentists and physicians to attend costly rehab clinics either in addition to or in lieu of license revocations. And those rehab clinics can cost as much as $30,000 a month.

Sometimes, a professional is sent to a facility that has its own abuse problems. Take the case of Slidell dentist KENNETH STARLING, who, in addition to having to pay an $8,000 fine, was sent by the dental board to a place called Palmetto Addition Recovery Center in Rayville in Richland Parish in 2010.

But PALMETTO, it turned out, was involved a 2009 lawsuit after one of its staff members, Dr. Douglas Wayne Cook, became sexually involved with one of the center’s patients.

And even while at Palmetto, the dental board continued targeting him. Could that be because he practiced in the same town as influential board member Dr. Edward Donaldson?

And while the practices of the dental board have been publicized often by LouisianaVoice, the state medical board essentially plays by the same rules. And, just as with the dental board, the name of Palmetto Addiction Recovery Centers surfaces on a regular basis in report after report, along with Pine Grove Recovery Centers in Hattiesburg, Mississippi, and Physicians’ Health Foundation of Louisiana.

I have chosen to delete the names and locations of the following examples, but the cases serve as examples of an uneven playing field, often dependent upon on the physician in question:

Following his arrest on charges of distribution and possession of controlled and dangerous substances in 2005, Dr. __submitted to substance abuse evaluation at Palmetto. “Apparently, the physician had submitted to chemical dependency treatment on two prior occasions. Upon his discharge from Palmetto, he underwent residential treatment at Pine Grove. His license was reinstated in 2009 but in 2013, the board received information indicating that the physician “had returned to the use of controlled or other mood-altering substances.” In 2018, after being placed on indefinite probation in 2014, his license was “reinstated without restriction.”

___________entered a plea of guilty to one count of Medicaid fraud in 2002 and subsequently underwent in-patient chemical dependency evaluation for cocaine abuse. Following completion of his criminal penalty, he was referred to Physician Health Foundation’s Physician Health Program (PHP). Following his reinstatement in 2008, he was disciplined again in 2018, this time placed on probation for unspecified violations.

___________ was diagnosed in 1999 with cocaine and alcohol addiction and in 2000 was referred to Talbott Recovery Campus in Atlanta, Georgia through Physicians’ Health Foundation and later to Fontainebleau Treatment Center in Mandeville. His license was reinstated in 2006 but in 2007, he again came under scrutiny for drug abuse and was again referred to a PHP monitoring program and he was placed on probation by the board for a 10-year period in 2008. He was reinstated “without restriction” in 2018.

____ entered a plea of guilty to one count of health care fraud in 2009. In addition to criminal penalties, the board suspended his license for 90 days, placed him on probation for five years, and fined him $3,000. Following his reinstatement in December 2009, it was subsequently learned in 2011 that he had been issuing prescriptions of narcotics, including OxyContin, from his home and vehicle since May 2009 under the auspices of a practice site not approved by the board. The board again suspended his license, this time for six months and he was placed on probation for 10 years.

_____ voluntarily entered into a two-week program at DePaul Hospital in New Orleans for cocaine dependency in 1995 and 1996 before transferring to Talbott Marsh in Atlanta. The board in 1998 ordered him into additional treatment in PHP at Palmetto and placed him on probation for five years. In 2003, he was again placed on five-year probation for failure to comply with requirements set forth in the 1998 order. His license was reinstated “without restriction” in 2018.

But when a Lafayette NEUROSURGEON becomes involved in suspected arson and subsequently enters a plea of guilty to one count of felony obstruction of justice, the Louisiana State Board of Medical Examiners is strangely silent.

Dr. Nancy Rogers was arrested in 2012 in connection with the fire at Levy-East Bed & Breakfast in Natchitoches, a blaze that caused $500,000 in damage to the unoccupied building. No motive has been given for the fire, but investigators determined it to have been intentionally set.

But in the case of Dr. ARNOLD FELDMAN of Baton Rouge, the board came down especially hard.

In a terse December 20, 2018, LETTER TO FELDMAN, board Executive Director Vincent Culotta, Jr., wrote, “Per the decision and order of the Louisiana State Board of Medical Examiners dated April 13, 2015, the amount due is as follows:

Cost of proceeding—$456,980.60
Administrative fine—$5,000
Total: $461,980.60.

This is not intended as a treatsie on Feldman’s guilt or innocence, but it’s rather difficult to fathom what “proceedings” could cost nearly $457,000 but that’s the way the dental and medical examiners boards operate. While members of both boards are appointed by the governor, they are apparently accountable to no one and able to set fines and costs at whatever amounts they wish.

Feldman served briefly as a member of the Physicians’ Health Foundation until he started asking questions that made certain people uncomfortable. Four months later, he found himself in the board’s crosshairs. But during his short tenure, he learned that the medical board funnels about a million dollars a year into the foundation. Apparently, there is no accounting for those funds.

Moreover, he said, the so-called “independent judges” hearing cases for possible board disciplinary action are paid by the board investigator’s office, which creates something of a stacked deck going into the process—not to mention an obvious conflict of interest.

Physicians aren’t the only ones to encounter an uncooperative medical board. The Legislative Auditor was forced to SUE the board in order to obtain board records so that it could perform its statutorily-mandated job of auditing the board’s financial records.

Senate Bill 286, the so-called physicians’ Bill of Rights, passed the SENATE by a unanimous 36-0 vote last year but never made it to the floor of the House after being involuntarily deferred in committee.

But a rare unanimous DECISION by the U.S. Supreme Court exactly two months later, on February 20, could impact the way these boards mete out exorbitant fines.

Even though the high court’s ruling on Timbs v. Indiana is considered a blow aimed at criminal justice reform, particularly in the so-called policing for profit through asset forfeiture, its effects could spill over into the way civil fines are handed down by regulatory bodies.

The ruling, written by Justice Ruth Bader Ginsburg, falls back on the Eighth Amendment that guarantees that no “excessive fines” may be imposed, a concept that dates back to the Magna Carta and later embraced by the framers of the U.S. Constitution.

It will be interesting to see if any dentist or physician victimized by either of these boards files legal action based on the Supreme Court’s most recent ruling.

If someone does, it could be a game changer.

Louisiana Voice

Trying to decipher which was the first to employ Gestapo-like extortion as a means of controlling licensees is like solving the chicken-or-the-egg riddle, but there’s no question that the methods employed by the Louisiana Board of Dentistry and the Louisiana State Medical Licensing Board are eerily similar.

Both employ highly questionable investigative methods, both impose stiff fines followed by even more outrageous fines if the licensee displays any will to resist what may even be bogus charges, and both make generous use of the most effective punishment: revocation of licenses—taking away the victim’s very means of earning a livelihood.

And both also occasionally force recalcitrant dentists and physicians to attend costly rehab clinics either in addition to or in lieu of license revocations. And those rehab clinics can cost as much as $30,000 a month.

Sometimes, a professional is sent to a facility that has its own abuse problems. Take…

View original post 1,141 more words