May 2, 2017 Oral Argument Before Massachusetts Supreme Judicial Court

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Zena Crenshaw-Logal

Executive Director at National Judicial Conduct and Disability Law Project, Inc.

Want to know how it all got started? Michael Langan, M.D., host of our internet radio broadcast, “Protecting Doctors, the Rx for Healthy Patients” and author of the blog “Disrupted Physician”, recently had a few moments to share that story before the Massachusetts Supreme Judicial Court.

Listen carefully to Dr. Langan’s presentation and the response by counsel for the Massachusetts Board of Registration in Medicine.

Then decide if you’ve heard an account of bureaucratic terrorism.

Is this not the Board’s message? Question us and we’ll destroy you in a tangle of red tape, vague aspersions, loop holes, and delays.

And will a man and his family be a cost that the Court considers worth paying to vindicate the seemingly unadulterated power of a state agency — all purportedly in the name of medical patient safety?

https://lnkd.in/e9R67W

VIEW THE ORAL ARGUMENTS @ https://lnkd.in/e9R67WU

Documentation of Collusion Between state Physician Health Program and Drug-Testing Lab provided to Board Counsel Deb Stoller and Tracy Ottina  December 15, 2011 

(Bertram claims this was carefully considered at a December 21, 2011 Board Hearing but it is date-stamped one month after the hearing).  The document is notable for several reasons:

1. It shows clear evidence of collusion between the state physician health program (PHP) and its drug testing lab to commit forensic fraud (the detail is way beyond any of the documentary evidence found in the Dookhan case).  It includes a faxed request from the PHP to the lab requesting the donor ID # on an already positive drug test be changed and the chain-of-custody be “updated.”

2.  The documents show top-down corruption as the collusion is between the medical director of the state PHP (Physician Health Services, inc), Dr. Luis Sanchez (who is also past president of their national organization the Federation of State Physician Health Programs (FSPHP)  which is based in Massachusetts and the Vice President of laboratory operations at United States Drug Testing Labs (USDTL), Joseph Jones.

3.  The documentation of fraud was provided to Board of Registration in Medicine “board” counsel Deb Stoller and Tracy Ottina on December 15, 2011 but never acknowledged or addressed by the board.  Since 2011 scores of suicides have been attributed to allegedly falsified tests (these same tests from the same lab and ordered by state PHPs throughout the country–in the past few months I know three doctors who have killed themselves as a result of the same chains-of-causation (starting with these falsified tests).  Board counsel Stoller was involved in blocking due process and fundamental fairness in the  case of one doctor who killed himself here in Massachusetts who was a friend of mine.  She and Ottina and the Physician Health and Compliance Unit have evidently been  concealing evidence provided by doctors that is both exculpating for them and implicates the PHP in misconduct for years.   It appears that is their function as these “liaisons” to medical boards were put in place at the request of PHPS and apparently operate in the same manner as the “PHP-approved” assessment and treatment centers (who engage in “diagnosis rigging” to charge for assessments ($4-8K) and (inevitable) “treatment” (overwhelming majority of cases unneeded) to the tune of $80-120K) followed by 5-year contracts for drug and alcohol testing using expensive non-FDA approved and non-regulated laboratory developed tests (LDTs) 1-3 week for up to $600.00 per week.  All of this is cash only out-of-pocket no insurance accepted (if it were the racket would be dismantled within a month).    These document contain direct evidence of crimes (including felonies)-no other evidence is needed.

Stoller and Ottina were provided evidence forensic fraud in December of 2011, concealed it and the consequences have been much more far-reaching and grave than Annie Dookhan—-the number of families, careers and lives that have been destroyed since December 2011 is inestimable!   Dozens if not hundreds of suicides have occurred since that time, the loss of countless careers and the snuffing out of careers as they are just beginning (they are now targeting medical students–more sheep for the slaughter). This racket is starting to be exposed in the medical community and the chatter is increasingly increasing–it will make the mainstream media shortly and this grand-scale corruption will be clear.

So what is Massachusetts going to say when it is realized two state attorneys and an assistant AGO knew about it all along and did nothing for years?  There is no plausible deniability here and the willful blindness and veil of constructed ignorance are tread shallow water.   Forensic Fraud and Perjury are not that complicated and obvious to anyone with a modicum of common sense.   AAG Bertram claims no crimes have occurred because no one has been charged with any.  Brilliant!  I didn’t go to law school but I always thought that a crime was determined by the actions (or inactions) of someone as applied to written laws.

Please take a look at the documents.    The  big story  will come out sooner or later.  You should be a part of the solution and on the right side of history when this whole shit-house goes up in flames!

MOTIONS FILED PRIOR TO ORAL ARGUMENTS

1,  Motion to Take Judicial Notice of Adjudicative Facts

2.  Motion to TakeJudicial Notice of Law (Establishment Clause of the First Amendment)

3..Motion to Take Judicial Notice of Adjudicative Facts Pertaining to Violation of the Establishment Clause of the First Amendment

MOTIONS FILED AFTER ORAL ARGUMENTS

4. Petition for Judicial Notice

Source: Medical Students at Risk as Fraudulent Physician Health Programs (PHPs) Cast a Wider Net–Need to Address This Problem at State Level

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Please donate to this effort below.  Your contribution can and will make a difference.  https://www.gofundme.com/PHPReform

Gay Doctor coerced by Physician Health Program (PHP) into mandated 12-step treatment and monitoring for sex addiction: The slippery slope begins

gay-friendly-doctor

State Physician Health Programs -coercion, control and abuse.

This anecdote concerning  a gay doctor’s revelation he liked his non monogamous lifestyle leading  to a forced acceptance of a “sex addiction”  diagnosis, mandatory inpatient treatment and indoctrination into 12-step recovery was just posted on the physician social network SERMO.    If the pattern looks familiar it is.

Screen Shot 2015-04-10 at 11.56.04 PM

Physician Health Programs (PHPs) are non-profit NGOs that exist in every state ostensibly to help impaired doctors and protect the public from harm.  PHPs have no regulation or oversight and have essentially removed all accountability. Under the ruse of protecting a doctors anonymity and providing confidentiality they have built barriers of opacity.  Most doctors are unaware how they work unless they become involved with them and they are not on the radar of the public at large–they need to be.

Organized under the Federation of State Physician Health Programs, (FSPHP),  state medical boards have abdicated their responsibility and consider them expert authority on all things related to physician health–a logical fallacy that has placed illegitimate and irrational authority in professional control of medicine once again proving that knowledge isn’t power and ignorance often reigns.

PHPs encourage confidential referrals for “warning signs” such as those on the list below from the Massachusetts PHP, PHS, Inc. and guarantee  the reporters anonymity.  All semblance of due process has been removed.  Medical boards have given state PHPS complete and absolute managerial control over  assessment,  treatment and monitoring.  PHPs are not healthcare providers but monitoring agencies.  If a PHP recommends an “assessment” of a reported doctor there is no choice in the matter.   No allowances for a second opinion,  outside support or appeal exist.Screen Shot 2015-03-06 at 7.33.17 AM

This doctor was apparently reported to his state PHP because a patient thought she smelled alcohol on his breath.  As it turned out, the accusation was bogus but by being honest and forthcoming about his sexual orientation in the interview the PHP mandated an “assessment.” for unrelated issues.  A not uncommon scenario as reports of behavioral issues often end up with hair tests for alcohol and other substances resulting in mandated assessments for “substance use disorder” followed by a five-year monitoring contract with the PHP and weekly urine tests.

The PHP provides  a list  of three or four facilities drawn from the same pool of “PHP-approved” assessment and treatment centers. However, an audit of the N.C. PHP found no written objective criteria or quantitative measurements existed on how these assessment and treatment centers are “approved” by the PHP.  The common denominator seems to be that these facilities are  (1) 12-step ASAM directed, and (2) willing to “tailor” an assessment to support a predetermined diagnosis. It is, in fact, a rigged game.  Unfortunately the medical boards have been duped into mandating assessments at these centers under threat of loss of medical license and specifically exclude non “PHP-approved” assessments.

This scaffold  is also the unspoken and hushed major contributor to physician suicide—It is the elephant in the room no one speaks of out of fear of being targeted.    Doctors who really need help for mental health, substance abuse or other issues are afraid to get it for fear of being reported to the PHP.  Those already monitored are subject to all sorts of psychological, financial and emotional abuse.

The Federation of State Physician Health Programs (FSPHP)  has a relationship with Pine Grove.  It is one of the “PHP-approved” facilities and two of their staff, Phillip Hemphill, PhD and James C. “Jes” Montgomery, MD are are listed as Program Faculty at the FSPHP annual educational conference and business meeting on April 24-27, 2015 in Fort Worth Texas.

26well-gaydoctor-tmagArticle

Political Abuse of Psychiatry

Political abuse of psychiatry is the “misuse of psychiatric diagnosis, detention and treatment for the purposes of obstructing the fundamental human rights of certain groups and individuals in a society.  The coercive use of psychiatry represents a violation of basic human rights in all Cultures.Screen shot 2013-05-13 at 1.29.38 PM

What has occurred in the medical profession is no different from China or the Soviet Union under totalitarian rule where dissent is disapproved, often punished, and those perceived as threats to the existing system can be effectively “neutralized with trumped up psychiatric illness” and by this stigmatization reputations were ruined, power was diminished, and voices were hushed.

Screen Shot 2015-03-12 at 11.17.53 PM

Political abuse of psychiatry involves the deliberate action of diagnosing someone with a mental condition they do not have as a means of repression or control and if you do not believe it is occurring right here today then take a look here and here to see how they are colluding with commercial drug testing companies to engage in forensic fraud and the assessment and the treatment centers to fabricate data to support non-existent diagnoses.

“Sex Addiction” used as a tool to Discriminate

There has been a lot of “chatter” in PHP circles concerning “sex addiction” and I knew they had been aligning themselves and setting up specialized programs at certain facilities.  It seemed unusual as many of the key players who erected and run this scaffold have themselves been involved in sexual misconduct.   Screen Shot 2015-01-09 at 5.22.34 PM

009935_3_thumb

One of the architects of the current system, Dr. Robert Walzer, M.D., J.D. who was instrumental in tinkering with administrative and medical practice laws to remove the due process and appeal rights of doctors surrendered his license in 2001 due to inappropriate sexual relationships with patients.  He was the co-author of the current physician health program paradigm.

  Dr. Margaret bean-Byog, M.D, Chairman of the credentialing 7109298-Mcommittee for the first certification exam and ASAM president surrendered her medical license after being accused  of sexually abusing one of her patients, a Harvard medical student who subsequently died by suicide.

Somehow, I don't think this is quite what they had in mind!And the FSPHP seems to treat doctors involved in sexually related misconduct in a favorable light.  Take for instance, Dr. James Peak, M.D., a child psychiatrist who was sent to prison on a federal child pornography conviction taken under the wing of the Montana PHP.  After “proving” he only ‘”looked” at pornography of young boys but never abused any using a polygraph “lie-detector” test his license was reinstated in no time at all.  His treatment includes going to one AA meeting and one 12-step sex addict meeting per week.  My guess is they need more staff at the PHP or one of the assessment centers.

Screen Shot 2015-04-11 at 2.25.11 AM

I had been wondering what the motivation was behind this focus on “sex addiction” and my suspicions seem to be correct.

  I have since heard of a second case of a gay doctor being forced into his state Physician Health Program (PHP) in Alabama.

Once under the control of the PHP most doctors are afraid to come forward because of the “swift and certain” consequences imposed on them.  All they have to do is say the doctor was “noncompliant” to the medical board and it is over.  They lose their license and there is not a thing they can do about. it.  I have heard from doctors in multiple states going to law enforcement,  the Attorney General,  the media and the ACLU only to have the door slammed in their faces. Myself included.    .

 The coercion, control, ethics, and civil and human rights violations remain hidden.  The crimes remain hidden. So too will this.

It appears the FSPHP is following the same pattern they have with the “impaired” and “disruptive” physicians–to discriminate.    The targeting of gay, lesbian or transgender doctors for what they do in their private lives is predictable.  It is an inevitable part of this well oiled slope of coercion, control, obedience and abuse.

The import of this can not be overestimated.


References:

Position Statement on Political Abuse of Psychiatry. Paper presented at: Global Initiative on Psychiatry2005.Birley JL.

Political abuse of psychiatry. Acta psychiatrica Scandinavica. Supplementum. 2000;399:13-15.

4-stage-plan1week-4-human-rights-8-638

Gay Doctor coerced by Physician Health Program (PHP) into mandated 12-step treatment and monitoring for sex addiction: The slippery slope begins

The civil and human rights violations remain hidden.  The crimes remain hidden. So too will this. It appears the FSPHP is following the same pattern they have with the “impaired” and “disruptive” physicians–to discriminate.    The targeting of gay, lesbian or transgender doctors for what they do in their private lives is predictable.  I just heard from one of these doctors who was told by the PHP that  if he did not cooperate with them in addition to losing his medical license the state medical board would make his sexual history part of the public record and available on their website!

It is an inevitable part of this well oiled slope of coercion, control, obedience and abuse.The import of this can not be overestimated.

via Gay Doctor coerced by Physician Health Program (PHP) into mandated 12-step treatment and monitoring for sex addiction: The slippery slope begins.

Gay Doctor coerced by Physician Health Program (PHP) into mandated 12-step treatment and monitoring for sex addiction: The slippery slope begins

gay-friendly-doctor

State Physician Health Programs -coercion, control and abuse.

This anecdote concerning  a gay doctor’s revelation he liked his non monogamous lifestyle leading  to a forced acceptance of a “sex addiction”  diagnosis, mandatory inpatient treatment and indoctrination into 12-step recovery was just posted on the physician social network SERMO.    If the pattern looks familiar it is.

Screen Shot 2015-04-10 at 11.56.04 PM

Physician Health Programs (PHPs) are non-profit NGOs that exist in every state ostensibly to help impaired doctors and protect the public from harm.  PHPs have no regulation or oversight and have essentially removed all accountability. Under the ruse of protecting a doctors anonymity and providing confidentiality they have built barriers of opacity.  Most doctors are unaware how they work unless they become involved with them and they are not on the radar of the public at large–they need to be.

Organized under the Federation of State Physician Health Programs, (FSPHP),  state medical boards have abdicated their responsibility and consider them expert authority on all things related to physician health–a logical fallacy that has placed illegitimate and irrational authority in professional control of medicine once again proving that knowledge isn’t power and ignorance often reigns.

PHPs encourage confidential referrals for “warning signs” such as those on the list below from the Massachusetts PHP, PHS, Inc. and guarantee  the reporters anonymity.  All semblance of due process has been removed.  Medical boards have given state PHPS complete and absolute managerial control over  assessment,  treatment and monitoring.  PHPs are not healthcare providers but monitoring agencies.  If a PHP recommends an “assessment” of a reported doctor there is no choice in the matter.   No allowances for a second opinion,  outside support or appeal exist.Screen Shot 2015-03-06 at 7.33.17 AM

This doctor was apparently reported to his state PHP because a patient thought she smelled alcohol on his breath.  As it turned out, the accusation was bogus but by being honest and forthcoming about his sexual orientation in the interview the PHP mandated an “assessment.” for unrelated issues.  A not uncommon scenario as reports of behavioral issues often end up with hair tests for alcohol and other substances resulting in mandated assessments for “substance use disorder” followed by a five-year monitoring contract with the PHP and weekly urine tests.

The PHP provides  a list  of three or four facilities drawn from the same pool of “PHP-approved” assessment and treatment centers. However, an audit of the N.C. PHP found no written objective criteria or quantitative measurements existed on how these assessment and treatment centers are “approved” by the PHP.  The common denominator seems to be that these facilities are  (1) 12-step ASAM directed, and (2) willing to “tailor” an assessment to support a predetermined diagnosis. It is, in fact, a rigged game.  Unfortunately the medical boards have been duped into mandating assessments at these centers under threat of loss of medical license and specifically exclude non “PHP-approved” assessments.

This scaffold  is also the unspoken and hushed major contributor to physician suicide—It is the elephant in the room no one speaks of out of fear of being targeted.    Doctors who really need help for mental health, substance abuse or other issues are afraid to get it for fear of being reported to the PHP.  Those already monitored are subject to all sorts of psychological, financial and emotional abuse.

The Federation of State Physician Health Programs (FSPHP)  has a relationship with Pine Grove.  It is one of the “PHP-approved” facilities and two of their staff, Phillip Hemphill, PhD and James C. “Jes” Montgomery, MD are are listed as Program Faculty at the FSPHP annual educational conference and business meeting on April 24-27, 2015 in Fort Worth Texas.

26well-gaydoctor-tmagArticle

Political Abuse of Psychiatry

Political abuse of psychiatry is the “misuse of psychiatric diagnosis, detention and treatment for the purposes of obstructing the fundamental human rights of certain groups and individuals in a society.  The coercive use of psychiatry represents a violation of basic human rights in all Cultures.Screen shot 2013-05-13 at 1.29.38 PM

What has occurred in the medical profession is no different from China or the Soviet Union under totalitarian rule where dissent is disapproved, often punished, and those perceived as threats to the existing system can be effectively “neutralized with trumped up psychiatric illness” and by this stigmatization reputations were ruined, power was diminished, and voices were hushed.

Screen Shot 2015-03-12 at 11.17.53 PM

Political abuse of psychiatry involves the deliberate action of diagnosing someone with a mental condition they do not have as a means of repression or control and if you do not believe it is occurring right here today then take a look here and here to see how they are colluding with commercial drug testing companies to engage in forensic fraud and the assessment and the treatment centers to fabricate data to support non-existent diagnoses.

“Sex Addiction” used as a tool to Discriminate

There has been a lot of “chatter” in PHP circles concerning “sex addiction” and I knew they had been aligning themselves and setting up specialized programs at certain facilities.  It seemed unusual as many of the key players who erected and run this scaffold have themselves been involved in sexual misconduct.   Screen Shot 2015-01-09 at 5.22.34 PM

009935_3_thumb

One of the architects of the current system, Dr. Robert Walzer, M.D., J.D. who was instrumental in tinkering with administrative and medical practice laws to remove the due process and appeal rights of doctors surrendered his license in 2001 due to inappropriate sexual relationships with patients.  He was the co-author of the current physician health program paradigm.

  Dr. Margaret bean-Byog, M.D, Chairman of the credentialing 7109298-Mcommittee for the first certification exam and ASAM president surrendered her medical license after being accused  of sexually abusing one of her patients, a Harvard medical student who subsequently died by suicide.

Somehow, I don't think this is quite what they had in mind!And the FSPHP seems to treat doctors involved in sexually related misconduct in a favorable light.  Take for instance, Dr. James Peak, M.D., a child psychiatrist who was sent to prison on a federal child pornography conviction taken under the wing of the Montana PHP.  After “proving” he only ‘”looked” at pornography of young boys but never abused any using a polygraph “lie-detector” test his license was reinstated in no time at all.  His treatment includes going to one AA meeting and one 12-step sex addict meeting per week.  My guess is they need more staff at the PHP or one of the assessment centers.

Screen Shot 2015-04-11 at 2.25.11 AM

I had been wondering what the motivation was behind this focus on “sex addiction” and my suspicions seem to be correct.

  I have since heard of a second case of a gay doctor being forced into his state Physician Health Program (PHP) in Alabama.

Once under the control of the PHP most doctors are afraid to come forward because of the “swift and certain” consequences imposed on them.  All they have to do is say the doctor was “noncompliant” to the medical board and it is over.  They lose their license and there is not a thing they can do about. it.  I have heard from doctors in multiple states going to law enforcement,  the Attorney General,  the media and the ACLU only to have the door slammed in their faces. Myself included.    .

 The coercion, control, ethics, and civil and human rights violations remain hidden.  The crimes remain hidden. So too will this.

It appears the FSPHP is following the same pattern they have with the “impaired” and “disruptive” physicians–to discriminate.    The targeting of gay, lesbian or transgender doctors for what they do in their private lives is predictable.  It is an inevitable part of this well oiled slope of coercion, control, obedience and abuse.

The import of this can not be overestimated.


References:

Position Statement on Political Abuse of Psychiatry. Paper presented at: Global Initiative on Psychiatry2005.Birley JL.

Political abuse of psychiatry. Acta psychiatrica Scandinavica. Supplementum. 2000;399:13-15.

4-stage-plan1week-4-human-rights-8-638

Whistleblowers and psychiatrists

quote-a-liar-sees-lies-said-taleswapper-even-when-they-aren-t-there-just-as-a-hypocrite-sees-orson-scott-card-216626Screen Shot 2014-05-02 at 5.58.24 PMTrust

Trust is confidence in the honesty or integrity of someone or something. It involves a complex mixture of cognitive and emotional beliefs and expectations that create an attitude of optimism about the motives and competence of the person being trusted.

Trust requires the calculation that someone has the knowledge and expertise to do what they are being trusted to do, but it also necessitates believing that whatever they are being trusted to do is done in good faith with honesty, sincerity, and integrity.

Trust presupposes adherence to moral principles, codes of conduct, and ethical standards and requires an implicit conviction that the other person aspires to help and not to harm.

Political abuse of psychiatry is the “misuse of psychiatric diagnosis, detention and treatment for the purposes of obstructing the fundamental human rights of certain groups and individuals in a society.”

It is more often seen under totalitarian rule (the Soviet Union, China) where dissent was disapproved, often punished, and those perceived as threats to the existing political system could be effectively “neutralized with trumped up psychiatric illness.  By this stigmatization reputations were ruined, power was diminished, and voices were hushed.
It involves the deliberate action of diagnosing someone with a mental condition that they do not have for political purposes as a means of repression or control.

It is important to recognize that the unique role of discrediting opinion and dehumanizing those with one whom disagrees is not limited to totalitarian regimes. The coercive use of psychiatry represents a violation of basic human rights in all cultures.