The bottles stand as empty, as they were filled before.
Time there was and plenty, but from that cup no more.
Though I could not caution all, I still might warn a few:
Don’t lend your hand to raise no flag atop no ship of fools.
Ship of fools
on a cruel sea
Ship of fools
sail away from me
It was later than I thought
when I first believed you
now I cannot share your laughter
Ship of Fools
Please donate to this effort below. Your contribution can and will make a difference. https://www.gofundme.com/PHPReform
Another incisive piece by Dr. Langan on the crucially important concept of “regulatory capture” of a market sector, in this case the Physicians Health Program. Clearly, Medical Licensing Boards (MLBs) have mastered the art of regulatory capture, essentially writing legislation which includes stipulations that essentially allow them to write their own rules as they see fit. Then, covered by that state’s sovereign immunity, they’re essentially tin-pot dictators. Then, allied with PHPs who are extended the same sovereign immunity with utterly no oversight or accountability and, which in multiple states, are alleged to have neglected (and thwarted) all means of due process, one has a co-conspirator in the regulatory capture. Now two “state agencies” (in quotes because the recent SCOTUS FTC v. NC Dental decision throws their claim of “state agency” into major question) operate in tandem to both capture the regulatory process by which physicians operate and then collude…
View original post 223 more words
In Bending Science: How Special Interests Corrupt Public Health Research 1 Thomas McGarity and Wendy Wagner describe how special interest groups scheme to advance their own economic or ideological goals by using distorted or “bent” science to influence legal, regulatory and public health policy.The authors describe a “separatist view” of science and policy that assumes scientific research is sufficiently reliable for public policy deliberations and legal proceedings when it reaches them. This is illustrated as a pipeline in which it is presumed the scientific community has properly vetted the information flow through rigorous peer-review and professional oversight. The final product that exits the pipeline is understood to be unbiased and produced in accordance with the professional norms and procedures of science. The reliability, integrity and validity of the final product is indubitably accepted.The separatist view does not consider the possibility that the scientific work exiting the pipeline could be intentionally shaped and contaminated by biasing influences as it flows through the pipeline. When this occurs the final product exiting the pipeline is distorted or “bent” and bent science can result in bad decision making and bad policy.Bent science starts with a pre-determined outcome and works backward from a desired result. It is not true science. Those orchestrating the deception (“benders”) use a variety of tactics and strategies to shape, package and spin science to support their own hidden agenda and suppress opposing science.Benders attempt to hide, dismiss and debunk contrarian research and unsupportive science. Benders will attack and harass the science and scientists that pose a threat to their interests. Using carefully crafted studies designed to confirm a desired outcome, the pre-determined conclusions are subsequently promoted and publicized to the relevant stakeholders who are often unable ( or sometimes unwilling) to discern real science from junk-science.
The system is almost foolproof. It is a culture of impunity and deference. To make matters worse states Attorney Generals defer to the medical-board and their physician health experts. The AGO represents the state agency and its expert in legal challenges and crimes reported by doctors are dismissed at the outset. The agency responsible for investigating rackets and laboratory and healthcare fraud as well as civil rights violations and color of law abuse is the states AGO. No one is minding the minders.
The assistant AGOs representing boards appear to use the same tactics as the PHCU Board counsel and a similar moral disengagement mentality but it is unclear what the interface is with the PHP/medical board and states AGOs. If anyone has any insight please advise as I have not figured it out. Perhaps they agreed to deference to the medical board/PHP just as the medical board agreed to deference to the PHP. Perhaps they have specific administrative attorneys who they use or even a cadre within but it is implausible that the entire AGO would be supporting the rehab racket.
Then again the Florida AGO knew in 2012 that Millennium Laboratories, the nation’s largest drug testing company, was defrauding Florida Medicaid of millions in a massive drug screening scam persuading doctors to test Medicare patients for Angel Dust. It billed Medicare for 59 dead people. It bribed doctors and rigged research results and made a mint from getting doctors to order expensive drug tests that were not needed but Florida AGO Pam Bondi in a March 2014 letter to the head of the federal Centers for Medicare and Medicaid Services, argued the tests were indeed needed. Turns out Millennium once salvaged a key anti-drug initiative championed by Bondi and, through its high-powered lobbying firm, had deep ties to Bondi and Gov. Rick Scott’s legal team.
In the final analysis this has resulted in is a complete systems failure where corruption and abuse is occurring as a product of bad apples in plain view and within the walls of regulatory medicine with each agency deferring to the integrity and honesty of its predecessor. This is not good governance.
Historians will someday look back at the fall of American medicine and wonder how it was allowed to happen and link systemic as well as specific problems pervasively plaguing the profession with regulatory capture by the drug and alcohol testing, assessment and treatment industry.
But in this Court, what Diff’rence does appear!
For every one’s both Judge and Jury here;
Nay, and what’s worse, an Executioner.
William Congreve, The Double-dealer
Regulatory capture is a form of government failure that occurs when a regulatory agency created to act in the public interest, instead advances the commercial or political concerns of special interest groups that dominate the industry or sector it is charged with regulating and introduced in an article by George J. Stigler in 1971 entitled The Theory of Economic Regulation. The main idea of the article can be summarized in Stigler’s (1971: 3) affirmation that:
“…as a rule, regulation is acquired by the industry and is designed and operated primarily for its benefits.”
The basic hypothesis of Stigler is that an industry may use—or rather abuse—the coercive public power of the State to establish and enforce rules in order to obtain private gain.
Historians will at some point recognize 1995 as the “regulatory capture” inception point of American medicine when the Federation of State Physician Health Programs ( FSPHP ) forged a relationship with the Federation of State Medical Boards (FSMB), the national organization responsible for the licensing and discipline of doctors and memorialized in a 1995 Journal of Medical Licensure and Discipline(Vol82N3)with articles claiming high success rates in eight state PHPs.
An accompanying Editorial written by past President of the FSMB Barbara S. Schneidman, MD, MPH concluded that:
“cooperation and communication between the medical boards and the physician health programs must occur in an effort to protect the public while assisting impaired physicians in their recovery.”
Roger A. Goetz of the the Florida Impaired Practitioners Program, for example reported that 84% of all referrals to the PRN “Occur prior to any violation of the Medical Practice Act or any evidence of patient harm.” Journal of Medical Licensure and Discipline(Vol82N3) As protecting the public from patient harm is the primary directive of medical boards those statistics seem pretty impressive! That the PRN prevented inevitable spirals of drug addled and besotted doctors from mayhem is questionable as how many were just like Leonard Masters? After being accused of overprescribing Goetz told Masters he could either relinquish his license or have an evaluation. Masters chose the evaluation thinking he would be returning in 4-days but was diagnosed as an alcoholic and spent 4-months. He didn’t even have a drinking problem. He successfully sued G. Douglas Talbott and the facility for false imprisonment, malpractice and fraud.
Goetz was also instrumental in promoting the chronic-relapsing brain disease model as a pathway to return revoked medical licenses. No matter how abhorrent their behavior, by misplacing blame on the “disease” doctors who should have hung up their smocks forever quickly returned to practice as they didn’t do it the drugs or alcohol did. In this manner serial sex-offenders, pedophiles, date-rapists using roofies and fiends who replaced dying cancer patients narcotics with saline and let them die in agony were quickly returned to the fold. The error in this thinking is that for the most part drugs and alcohol may induce good people to do disinhibited things or stupid things but they do not make good people do bad bad things. Empathy and moral compass are innate and the majority of doctors would not roofie drinks or take away dying patients pain meds under any influence. Unfortunately no test exists for psychopathy.
Many found employment as medical directors of these specialized programs and others became active in their states PHPs.
Since that time the FSPHP has duped the FSMB easier easier than a carney dupes a rube.
They asked the FSMB to approve public-policy to request state medical boards provide absolute deference to their state PHPs as their experts in all things related to physician health and to agree to never ever question their decision making skills regarding monitored doctors lest it “undermine a culture of professionalism” and this was agreed to.
Deference is acceptable but agreeing to blind deference and accepting the delusion of infallibility is unwise. A culture of deference is unacceptable. Lord Acton noted in a letter to a friend that the main point he was trying to get across when he wrote “Power tends to corrupt, and absolute power corrupts absolutely”was not that power corrupts powerful people but that power corrupts otherpeople. This dynamic certainly holds here. They make allowances.
Since that time they have expanded from ‘impaired physicians” to “disruptive physicians” to the “aging physician.” They have gained power and autonomy without regulation or oversight and by removing transparency and absolutely zero accountability they have essentially run amuck.
In 1995 this was a simple but growing shakedown scheme using a medical license to extract money under the threat of its loss. The PHP refers doctor X to “PHP-approved facility” for an evaluation and the “PHP-approved” facility tells doctor X you will stay here until I say so or I tell the PHP you ain’t gettin your license back. Doctor X stays because he knows the PHP can do it as the PHP is not going to be questioned by the medical board.They refer to it as “contingency-management” but it essentially meets the criminal definition of extortion.
Business has boomed since 1995 as they introduced non-FDA approved drug and alcohol tests into the market even though they are unvalidated with very low specificity. Junk-gadgets such as the SCRAM alcohol monitoring bracelet and the Soberlink cellular photo breathalyzer have been promoted as accurate and valid. None of this has any oversight but their linkages with the drug and alcohol testing, assessment and treatment industry has become an enormous gold mine. Both the drug-testing and assessment and treatment industry are multi-billion dollar enterprises.
The FSMB even made it public policy for medical boards to provide deference to PHPs and consider them experts in all things physician health. In this manner they have introduced a panoply of junk science, brought legions of polygraph examiners out of their basements and rebranded the 360 degree personal development employee assistance tool as a bona fide diagnostic instrument used for disruptive physician evaluations. The FSMB has also accepted concocted and imaginary concepts such as “potentially impairing illness” and “relapse without use” as not only nonfictional but medically scientific truth. If they proposed tiddlywinks for assessment of the “aging” physician the FSMB would probably buy it. Is potentially potentially impairing illness next.? There has been no apparent inquiry or opposition to this.
Accountability requires both the provision of information and justification for actions and they have minimized both. Prohibiting doctors from obtaining their own assessments, medical records and drug-testing records markedly reduces risk of exposure as does prohibiting release of those records to third parties. Cash only prevents inquiry from insurers. The PHPs have no oversight or regulation. The drug
and alcohol testing labs have no FDA oversight as the tests are non-FDA approved. Other than accreditation agencies such as the College of American Pathologists there is no agency to investigates error or misconduct. CAP cannot sanction. The assessment and treatment centers have little oversight or regulation. In sum this system refuses to provide information and even if they did provide information they do not have to justify it to anyone and no agency exists to punish them even if they could not justify it. Zero accountability.
And with zero accountability corruption not only thrives but is inevitable. The simple extortion scheme from 1995 has now grown to around two dozen “PHP-approved” assessment and treatment centers and state boards require that only “PHP-approved” facilities be used and specifically excludes non “PHP-approved” facilities. The preferred facilities engage in “diagnosis rigging” and false diagnoses to warrant unneeded treatment. The labs such as USDTL and Quest engage in laboratory misconduct and will create a falsely positive test at client request. It is a closed system where everything is kept within the PHP circle.
And complete regulatory capture has been achieved through autonomous units within Boards that essentially serve as PHP protection units and hired guns. They protect the PHP and their friends and also act as an assassin squad to do whatever the PHP wants them to do to suspend, revoke and interfere with the medical licenses of doctors any which way they want.
In Massachusetts Policy 94-002 created Physician Health and Compliance Unit (PHCU) Board counsel as an independent unit outside the enforcement division of the Massachusetts Board of Registration in Medicine by design.
These units were created at the request of state physician health programs ostensibly to monitor the compliance of doctors under monitoring their monitoring contracts. The MA PHCU Board counsel is run by attorney Deb Stoller and also includes attorneys Robert Harvey and Tracy Ottina.
PHCU Board counsel were additionally afforded the power to act as both “hearing-officers” on cases and present these same cases to the Board and recommend disciplinary action. This was by design also. They were set up to hold all the cards and it is a stacked deck.
This additional circle around the closed-loop system provides an additional layer of protection to prevent the fraud and abuse from being discovered. That the Massachusetts Board is not under any active supervision from the executive branch has been confirmed in writing to the Massachusetts Legislature by Governor Charles Baker in a letter accompanying his Bill (H.4188) which aimed to finally establish a framework for active supervision and oversight over the Board.
These units enforce PHP policy and requirements including the restriction of assessments to the out of state (“PHP-approved”) assessment and treatment centers and forbid any outside assessments. Any doctor in Massachusetts will be forced to go to Georgia, Alabama, Arkansas, Kansas or some other remote venue for an evaluation under the guise of special knowledge. Any doctor reported to the PHCU as “non-compliant” is summarily suspended. Truth and evidence are irrelevant. The opinions of all outside experts no matter how qualified or how many are not only dismissed they are patently ignored with eyes wide shut. They simply do not register anything outside the racket. They abuse administrative law procedure to dismiss, deflect and delay. Having the power to act as both a hearing-officer to accept or exclude evidence and present cases to the Board and make disciplinary recommendations provides them with absolute power to render judgment. It means they are in charge of every decision made, and they have the power to be rid of whomever they choose as judge, jury and executioner. The Board’s simply defer to PHCU Board counsel and give little thought or time to what was presented and ratify whatever is asked. They are uninformed and disengaged.
The system is almost foolproof. It is a culture of impunity and deference. To make matters worse states Attorney Generals defer to the medical-board and their physician health experts. The AGO represents the state agency and its expert in legal challenges and crimes reported by doctors are dismissed at the outset. The agency responsible for investigating rackets and laboratory and healthcare fraud as well as civil rights violations and color of law abuse is the states AGO. No one is minding the minders.
The assistant AGOs representing boards appear to use the same tactics as the PHCU Board counsel and a similar moral disengagement mentality but it is unclear what the interface is with the PHP/medical board and states AGOs. If anyone has any insight please advise as I have not figured it out. Perhaps they agreed to deference to the medical board/PHP just as the medical board agreed to deference to the PHP. Perhaps they have specific administrative attorneys who they use or even a cadre within but it is implausible that the entire AGO would be supporting the rehab racket.
Then again the Florida AGO knew in 2012 that Millennium Laboratories, the nation’s largest drug testing company, was defrauding Florida Medicaid of millions in a massive drug screening scam persuading doctors to test Medicare patients for Angel Dust. It billed Medicare for 59 dead people. It bribed doctors and rigged research results and made a mint from getting doctors to order expensive drug tests that were not needed but Florida AGO Pam Bondi in a March 2014 letter to the head of the federal Centers for Medicare and Medicaid Services, argued the tests were indeed needed. Turns out Millennium once salvaged a key anti-drug initiative championed by Bondi and, through its high-powered lobbying firm, had deep ties to Bondi and Gov. Rick Scott’s legal team.
In the final analysis this has resulted in is a complete systems failure where corruption and abuse is occurring as a product of bad apples in plain view and within the walls of regulatory medicine with each agency deferring to the integrity and honesty of its predecessor. This is not good governance.
Historians will someday look back at the fall of American medicine and wonder how it was allowed to happen and link systemic as well as specific problems pervasively plaguing the profession with regulatory capture by the drug and alcohol testing, assessment and treatment industry.
Across the globe, increasingly evidence is coming to light that people in our profession are suffering. Its considered that we have about twice the rate of suicide as the general public. With reported rates being anywhere between 1.1-5.7 times higher than the general public6. It is known that our suicide rate is higher than any other […]
via Is the Medical Profession in Crisis? — Dr Maxine Speaks
Across the globe, increasingly evidence is coming to light that people in our profession are suffering.
Its considered that we have about twice the rate of suicide as the general public. With reported rates being anywhere between 1.1-5.7 times higher than the general public6. It is known that our suicide rate is higher than any other professional group.
We have a higher rate of suicidal ideation than the general public, with 25% of doctors at any time having thought about killing themselves3. 10% in the last 12 months3.
We have a higher rate of both high psychological distress and higher rates of anxiety than the general public3.
We have far higher rates of burnout than anyone else in society. In fact, between 40-55% of the profession are burnt out with rates increasing over the last decade9. Burnout is not a benign condition. It is associated with exhaustion, depersonalisation and a feeling that the work is not worthwhile, and perceived errors. It is associated with higher rates of cardiovascular disease, depression, anxiety, diabetes, suicidal ideation and musculoskeletal complaints1. Furthermore, it is associated with higher rates of medical errors and lower rates of patient satisfaction2,7.
Our profession has relationship unhappiness like everyone else.
We have rates of depression like everyone else3.
Many people are considering leaving the profession.
The profession is increasingly unhappy with the direction that health care is taking.
Many doctors are traumatised by the punitive regulation system. Many describe the process as bullying, accusatory and intimidating4,6. The system is abused by vexatious complainants to target and eliminate rival or disliked colleagues or doctors, and the system is weighted in favour of the person making the complaint, who has no accountability if the complaint is false. Careers can be ruined by the destruction of reputation associated with an investigation and there are no barriers to ‘trial by media’. There is no compensation for doctors whose lives are destroyed by vexatious or false complaints, either financial, or reputation restoration.
80% of doctors practice more defensively in response to the traumas of either being investigated, or seeing someone go through an investigation4. This causes $124billion per year in the USA in unneeded health care costs9, and also results in more prescribing, more investigations and more referrals and earlier referrals7. All of this places the public at greater risk of side effects, and greater costs personally in health care as well as increased costs to government and health care insurers. In addition, 33% of doctors facing medico-legal issues contemplate leaving medicine, 32% contemplate cutting back their hours and 40% contemplate earlier retirement8.
The NHS is replete with horror stories of discontent where the government are imposing more demanding contracts on doctors for less pay.
Looking at the picture of our health and well-being, the diagnosis can only be: Profession in Distress!! And globally so.
The higher rate of suicide has been known about since 1858, but nothing has been done about it5.
The higher rates of burnout in medicine have been known for 20 years yet nothing has been done about it.
Our health and well-being is suffering, yet the very systems and the culture that we work in are so inordinately stressful that it has been said by more than one person that doing medicine and being in medicine is more stressful than being in the army. Bullying, harassment, competition and discrimination are rife in the profession, and this is increasingly coming to light.
Our profession is not well and our healthcare culture is not well.
There is as of yet not a true care for people in the medical profession.
Instead of care, our culture is replete with abuse.
How much longer can we let our health care profession exist in such a state of ill health?
And come to think of it, why is our health is not thriving being in profession that cares about health?
And, how can we optimally care for the health and well-being of the public if we ourselves are not well…..
The data is speaking very loudly. If this were an infectious disease, the CDC and the WHO would be collaborating a global effort to get to the bottom of things and return the population to good health. Yet there are no big global symposia on this important matter. There is no state of urgency.
Our condition may not be infective, but we are affected and our poor health and well-being, and the poor health and well-being of the systems that we are in and govern us, is affecting the people that are seeing us.
Our profession is in crisis and with it the health care of us all is in crisis. It’s time for global collective action. We need to return a true care and well-being to health care, beginning with us doctors. We need to address all aspects of our systems and culture that are contributing to ill health and be willing to make needed changes.
Until an equal care and concern for the well-being of doctors, all health care professionals, patients and even administrators is lived, we will not have a truly healthy health care system.
Please donate to this effort below. Your contribution can and will make a difference. https://www.gofundme.com/PHPReform
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?
View original post 771 more words
Source: May 2, 2017 Oral Argument Before Massachusetts Supreme Judicial Court
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?
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)
MOTIONS FILED AFTER ORAL ARGUMENTS
4. Petition for Judicial Notice
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?
VIEW THE ORAL ARGUMENTS @ https://lnkd.in/e9R67WU
(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)
MOTIONS FILED AFTER ORAL ARGUMENTS
4. Petition for Judicial Notice
Disrupted Physician 