Request that Massachusetts Medical Society acknowledge or refute professional, ethical and criminal misconduct by Physician Health Services (PHS, Inc.)

Oliver Wendell Holmes, the Massachusetts Medical Society, Tinsel Erudition and Pretended Science Redux

images-10As the oldest medical society in the United States the Massachusetts Medical Society can count some of the greatest minds in the history of American medicine as members.  My how far we have fallen.  This same author has previously unintelligibly compared the field of medicine to Barbra Streisand’s face and shamelessly and opportunistically blamed the Boston Marathon bombing on “marijuana withdrawal.” 
The sophomoric mnemonics are neither clever nor illuminating.  Unworthy of  Readers Digest circa 1957, this dumbing down of doctors needs to end.  The very soul and practice  of medicine is being castrated and lobotomized by the same dull and very very blunt instrument. 
How does one reconcile the fact that the very same medical society that publishes the New England Journal of Medicine is allowing this type of tripe and rabble to get past editorial review?  In 1969, through an act of the state legislature, the Massachusetts Medical Society updated its mission to read:
“The purposes of the Massachusetts Medical Society shall be to do all things as may be necessary and appropriate to advance medical knowledge, to develop and maintain the highest professional and ethical standards of medical practice and health care, and to promote medical institutions formed on liberal principles for the health, benefit and welfare of citizens of the commonwealth.”
With a foundation and history built and based on of scholarship and critical thought we need to support the highest levels of science, fact, intelligence and reason.  Stupidity tries but it should not win.  Before the Boston Society for the Diffusion of Useful Knowledge in 1842, Dr. Oliver Wendell Holmes delivered two long lectures entitled “Homeopathy and Its Kindred Delusions.” He characterized one of its popular practitioners, Dr. Robert Wesselhoeft, as one of those:  
“Emperics [quacks], ignorant barbers, and men of that sort…who announce themselves ready to relinquish all the accumulated treasure of our art, to trifle with life upon the strength of these fantastic theories.” That “pretended science” as Holmes called it, was “a mingled mass of perverse ingenuity, of tinsel erudition, of imbecile credulity, and artful misrepresentation, too often mingled in practice…with heartless and shameless imposition.”
And Holmes words are as apt and appropriate today as they were in mid 19th Century Boston!   Probably more so. History has recurrently proved that false constructs and groundless concepts allow for endless error. The Massachusetts Medical Society and all of its members need to come to the realization that Physician Health Services (PHS) has paradoxically become a reservoir of bad medicine beset by corruption. The documentary evidence of  professional, ethical and legal misconduct must be specifically and precisely addressed.


Accountability. Answerability and Justification Required. Accountability, or answerability,  is necessary to prevent abuse and corruption.  This requires both the provision of information and justification for actions.  What was done and why?  Professional guidelines and standards of care, ethical codes of conduct and the law are all objective benchmarks that can be used to assess the actions and decisions of others.  In any free society this necessitates the existence of organizations of truly independent opinion capable of standing in this judgment.State PHPs are Non-Governmental Organizations (NGOs) over which the state health department has no supervisory oversight.  There is no regulation, no transparency and no accountability.  There is no public scrutiny and they police themselves. In Ethical and Managerial Considerations Regarding State Physician Health Programs Drs. John Knight and J. Wesley Boyd called for greater oversight and scrutiny of PHPs by the medical community at large.   They recommended periodic auditing, national standards and regulation.  They also attempted to convince the Massachusetts Medical Society to implement changes at PHS where they served as Associate Directors with over two decades of collective experience.  These efforts to promote transparency and accountability at both local and national levels, however,  fell on deaf ears.State PHPs have systematically removed doctors of academic integrity and moral compass.  Those not conforming to groupthink were threatened with litigation if they breached “peer-review” statutes or confidentiality agreements and this has effectively silenced many from reporting misconduct, abuse or even crimes they may have witnessed.


Massachusetts PHP engaging in Procedural, Ethical and Criminal Misconduct In Massachusetts John Knight was removed in 2009 and J. Wesley Boyd in 2010. In Ethical and Managerial Considerations Regarding State Physician Health Programs  they comment “if a PHP highlights a physician as particularly problematic, the evaluation center might–whether consciously or otherwise—tailor its diagnosis and recommendations in a way that will support the PHP’s impression of that physician.”  So too will the clinical laboratories.  Of course “tailoring” a diagnosis to support anything other than the real diagnosis is fraud.    The “PHP-approved” assessment centers are willing to fabricate and misrepresent neuropsychological and cognitive testing to support “denial” and “cognitive-impairment.”   Detailed examples can be seen here and here.  The evidence is clear that past medical director Dr. Luis Sanchez and Director of operations Linda Bresnahan have engaged in not only unethical but criminal activity. Egregious misconduct including forensic fraud and political abuse of psychiatry can be seen in detail here, here and here. This type of inverse morality is antithetical to the history and organizational purpose of not only the MMS but the entire Profession of Medicine.  Institutional injustice can have grave and far reaching consequences.   Increasing reports suggest that programs just like PHS are contributing to the suicide epidemic in doctors.  The patterns are the same and the same scaffold is being used.  PHPs are colluding with the same drug-testing companies and “PHP-approved” assessment facilities.  It is, in fact, a rigged game.


Sunshine is the best disinfectant. Very few doctors are speaking out. Most are vey afraid and remain silent.Few have obtained documentary evidence of misconduct. I have. To ignore the problem or suggest that it does not exist will only cause more damage to other doctors. The suicides will continue.  Nothing will change.  The majority of Massachusetts Medical Society members (as are the majority of doctors) are honest, thoughtful and responsible. Most are completely unaware of the ethical and criminal allegations concerning PHS. This is, after all, a system that depends on secrecy and silence. Most doctors are also probably unaware that the MMS has no regulatory, supervisory or investigatory oversight of PHS.  They have removed themselves from scrutiny by design.  The only avenue of complaint, I have been told, is by filing an ethical complaint with the MMS grievance committee and that any investigation is private, non-disciplinary, and final.   This is irrespective of the severity and scope of the complaint.   What this means is that any complaint against a member of PHS is behind closed doors, if the complaint is substantiated it results in “education” not “discipline,” and the decision cannot be further addressed, appealed or revisited.

Moreover, I have been hearing that ethics and grievance committees in many states have been intentionally populated by PHP apologists, supporters and friends.  As with the other “point-people” they have positioned at medical boards, public health departments and law enforcement, these friends of like-mind are used to deflect, block, delay, suppress and minimize valid complaints.   I do not know if this is the case in Massachusetts.   However, the bottom line is that only two results are possible from any complaint 1) complaint dismissed–final answer, or 2) complaint substantiated–member educated on matter-final answer.  Although this system  may be applicable to some of the common ethical conundrums encountered in the medical profession it is not applicable to criminal activity and fraud.

The character of those involved in PHS can be seen in my post “Integrity and Accountability the Declining State of Physician Health and the Urgent  Need for Ethical and Evidence Based Leadership.”    Wayne Gavryck’s moral compass and adherence to professional and ethical standards can be seen here.  My request is simple, straightforward and should be easy to answer.   So to any of the  apologists, supporters or defenders of PHS I have a simple request.  Just answer the questions here.   No reframing the question, moving the goalpost or redirecting the focus.  Just register and respond. Simple request and litmus test.  Ascertain or refute what you see.  Can the actions of actions of Dr. Luis Sanchez, Dr. Wayne Gavryck or Linda Bresnahan procedurally, ethically or legally.  Yes or No.


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Accountability Requires Answerability and Justification for Actions. Accountability necessitates both the provision of information and justification for actions; what was done and why?    The other defining factor of accountability is the ability of outside actors to punish and sanction those who commit misconduct or wrongdoing.    Without these constraints corruption is inevitable.  State PHPs such as PHS have not only removed answerability and justification but have taken steps to prevent any interference by outside actors including medical societies, medical boards, law enforcement and departments of public health. The most crucial step in solving any problem is admitting it exists. This exists.  There is a solution to this.  Sunshine is the best disinfectant.    If the actions of Sanchez, Gavryck and Bresnahan cannot be justified or defended then it must be concluded that these individuals have violated procedure, ethics and the law.  And if that is the case it is the responsibility of the MMS to acknowledge the individual and specific issues as well as the reality that there is no current avenue to address these issues.   That, in and of itself, is a problem. The documents show significant and severe wrongdoing that constitute crimes committed within the walls of MMS.   How far down would the moral compass have to go before the significance of this is recognized?   This necessitates acknowledging the  problem exists, defining the problem and addressing it directly.


Zero-Tolerance for Forensic Fraud and Political Abuse of Psychiatry Necessary. Any and all forensic fraud should be met with Zero-tolerance. State PHPs are colluding  with commercial drug testing labs and “PHP-approved” assessment and treatment centers this same scaffold is being used in many states. Doctors are dying because of it.  State Physician Health Programs (PHPs) are organized under the Federation of State Physician Health Programs (FSPHP). The FSPHP arose from the American Society of Addiction Medicine and the history can be seen here.

Dr. Luis Sanchez is past President and Linda Bresnahan is the current Secretary.   The FSPHP does not represent doctors but the multibillion dollar drug and alcohol testing, assessment and treatment industry.  This will all come out in due time.   The states of North Carolina and Michigan have taken the lead in starting to expose this. Others will follow.   State Auditor Suzanne Bump is currently looking into a Massachusetts Audit of PHS.  But because of the scope and severity of the forensic and rehab fraud it is morally imperative that the MMS address this.   Those engaging in forensic fraud must be removed.  This needs to be done state by state and I am providing Massachusetts with documentary proof.of forensic fraud.  This is not isolated but systemic.  There are plenty of doctors of intellectual and moral integrity to take the place of those who do not. The criminal and ethical violations shown do not comport with any codes of conduct including those of the medical society.    It is paradoxical here that in my battle against PHS that I am the one supporting truth and fact,medical and  professional ethics, evidence-based medicine and physician rights.   It is I who am fighting for the preservation of and adherence to historical ideals and moral codes of the medical profession.   This is easily seen by looking at rhetoric versus actions and deeds. Those of Sanchez, Gavryck and Bresnahan are irreconcilable.  As the oldest medical society in the United States whose stated purpose is to “…do all things as may be necessary and appropriate to advance medical knowledge, to develop and maintain the highest professional and ethical standards of medical practice and health care, and to promote medical institutions formed on liberal principles for the health, benefit and welfare of citizens of the commonwealth” it is morally imperative that the  Massachusetts Medical Society address this urgently, directly and with full-measure.  Massachusetts needs to take the lead in exposing this national problem.

-Michael Langan, M..D.

Organizational Purpose and Public Trust in Drug and Alcohol Testing

Organizational Purpose and Public Trust in Drug and Alcohol Testing

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http://www.nytimes.com/2014/03/13/opinion/why-arent-doctors-drug-tested.html?partner=rss&emc=rss&_r=0

In 2012 Robert Dupont delivered the keynote speech at the Drug and Alcohol Testing Industry Association annual conference and described a “new paradigm” for addiction and substance abuse treatment of zero tolerance for alcohol and drug use that is enforced by monitoring with frequent random drug and alcohol tests. Detection of any substances is met with swift and certain consequences. He proposed expansion of this paradigm to other populations including workplace, healthcare, and schools. Based on the state Physician Health Program model of “contingency management,” with frequent testing and a point of “leverage,” such as a medical license in doctors, that is used as a behavioral incentive.

The ASAM White Paper on drug testing seems to indicate a desire to liberalize drug testing by utilizing health care providers in the process. Currently forensic drug testing uses a strict chain-of-custody protocol with Medical Review Officer (MRO) review. But if the result of a positive test is “therapeutic” rather than “punitive” this is unnecessary. In the “new paradigm” a positive test simply requires an evaluation at a “PHP-approved” facility.

IMG_9516 Accountability needs to be rooted in organizational purpose and public trust.

A recent article in JAMA, “Identification of Physician Impairment”  suggests that undetected physician impairment  may be contributing to medical error and that sentinel-event and  random alcohol-drug testing could be implemented to address the problem as is being done in the  current “Physician Health Program (PHP)” system.

The most consequential and critical issue for physicians, if this comes to fruition, is who will be in organizational and managerial control of the system and what ideological influences will be guiding policy and practice.   It is concerning that one of the co-authors of this article, Greg Skipper, is a Fellow of the American Society of Addiction Medicine with strong ties to the 12-step treatment industry and drug testing industry.

History shows Lord Acton’s aphorism on absolute power to be repeatedly true.  Corruption is a virtually inevitable consequenphotoce of unchecked power. The only two factors that constrain corruption are moral virtue and deterrence.

Disregard for standards of care and violations of codes of conduct are common.  So too is the use of anything that furthers the agenda.  Pseudoscience, such as polygraph testing, previously deemed by the American Medical Association as an unscientific game of “chance,” and psychometric testing of dubious validity are being used for confirmation of diagnoses.

They introduced and brought to market junk science like the Ethyl Glucuronide  (EtG) biomarker for detecting alcohol use. The EtG was introduced by an FSPHP physician, marketed, and proselytized as an accurate and reliable test for alcohol. After setting an arbitrary cutoff of 100 to prove drinking he ruined countless careers and lives.

As the disaster toll increased it became clear the test was not very good. It became apparent the test was, in fact, very flawed and misguided as using an ultra sensitive poorly specific test for a substance environmentally ubiquitous precludes its forensic applicability.

Hand sanitizer, cosmetics, sauerkraut, and myriad other products were shown to result in an elevated EtG. Sensibly, the majority of drug testing and monitoring programs abandoned it. 

The market for the test decreased dramatically as the only customers left were drug monitoring programs in which the testers had absolute power and those being tested were absolutely powerless–programs like those run by the PHP.

This group has now introduced the Phosphatidylethanol (PEth) test as a confirmation test for EtG and USDTL mScreen Shot 2014-04-05 at 2.08.11 PMarketed it as the PEthStat.  

State Physician Health Programs are now using the EtG  and adding the PEth to confirm alcohol ingestion. And just as they did with the EtG the claims of reliability are grand but without foundation. 
All speculative A=B oversimplified thinking that ignores the myriad other factors involved. The science is empty if you remove the dregs of filler and puff.  And the conflicts of interest are mind-boggling.

Corporate Front Groups and Corruption in Medicine-Forensic fraud, conflicts of Interest and the Erosion of Trust

The ASAM and FSPHP are corporate front groups that have infiltrated organized medicine and gained tremendous sway. Advancing the multi-billion dollar 12-step rehab and drug testing industry agenda control has replaced conduct and ideology has trampled science and reason. As organizations without transparency, accountability, or regulation they have become reservoirs of bad medicine and corruption.

Accountability is  rooted in organizational purpose and public trust.  Unfortunately, humanitarian ideals have been trampled by the imposition of corporate front groups who advance  hidden agendas under guises of science and scholarship  and patinas of benevolence.  Rife with conflicts of interest, these groups obfuscate, mislead, and exploit us to further an underlying political agenda.  Healthcare and medicine has been infiltrated by various groups that pose a serious threat to both the humanitarian and evidence based aspects.

Oliver Wendell Holmes, the Massachusetts Medical Society, Tinsel Erudition and Pretended Science Redux

images-10As the oldest medical society in the United States the Massachusetts Medical Society can count some of the greatest minds in the history of American medicine as members.  My how far we have fallen.  This same author has previously unintelligibly compared the field of medicine to Barbra Streisand’s face and shamelessly and opportunistically blamed the Boston Marathon bombing on “marijuana withdrawal.” 
 
The sophomoric mnemonics are neither clever nor illuminating.  Unworthy of  Readers Digest circa 1957, this dumbing down of doctors needs to end.  The very soul and practice of medicine is being castrated and lobotomized by the same dull and very very blunt instrument. 
How does one reconcile the fact that the very same medical society that publishes the New England Journal of Medicine is allowing this type of tripe and rabble to get past editorial review?  In 1969, through an act of the state legislature, the Massachusetts Medical Society updated its mission to read:

“The purposes of the Massachusetts Medical Society shall be to do all things as may be necessary and appropriate to advance medical knowledge, to develop and maintain the highest professional and ethical standards of medical practice and health care, and to promote medical institutions formed on liberal principles for the health, benefit and welfare of citizens of the commonwealth.”

With a foundation and history built and based on of scholarship and critical thought we need to support the highest levels of science, fact, intelligence and reason.  Stupidity tries but it should not rein.    Before the Boston Society for the Diffusion of Useful Knowledge in 1842, Dr. Oliver Wendell Holmes delivered two long lectures entitled “Homeopathy and Its Kindred Delusions.” He characterized one of its popular practitioners, Dr. Robert Wesselhoeft, as one of those:  

“Emperics [quacks], ignorant barbers, and men of that sort…who announce themselves ready to relinquish all the accumulated treasure of our art, to trifle with life upon the strength of these fantastic theories.” That “pretended science” as Holmes called it, was “a mingled mass of perverse ingenuity, of tinsel erudition, of imbecile credulity, and artful misrepresentation, too often mingled in practice…with heartless and shameless imposition.”

And Holmes words are as apt and appropriate today as they were in mid 19th Century Boston!   Probably more so.

History has recurrently proved that false constructs and groundless concepts allow for endless error.

The Massachusetts Medical Society needs to come to the realization that Physician Health Services is engaging in procedural, ethical and legal breaches.  
The evidence is clear that past medical director Dr. Luis Sanchez and Director of operations Linda Bresnahan are engaging in not only unethical but criminal activity within the walls of the MMS.  Egregious misconduct including forensic fraud and political abuse of psychiatry can be seen in detail here, here and here.
This is not a matter  of opinion but a matter of fact.  It has been ascertained by outside agencies and can also be confirmed by two former associate directors at PHS.    What more does the MMS need?   This type of misconduct can have grave and far reaching consequences for referred doctors and needs to be addressed urgently with precise, firm methods.   To ignore the problem or suggest that it does not exist will only cause more damage.
The majority of Massachusetts Medical Society members are honest, thoughtful and responsible.   Most are unaware of the ethical and criminal allegations concerning PHS..  It is time they become aware as sunshine is the best disinfectant.   As the most crucial step in solving a problem is admitting it exists I am requesting this be ascertained or refuted based on the documents and examined procedurally, ethically and legally. If there is no problem then the MMS should have no problem supporting or justifying the actions of Dr. Luis Sanchez, Dr. Wayne Gavryck and Linda Bresnahan. If the MMS cannot justify, support or defend these actions then it must be concluded that these individuals have violated professional protocol,,  professional and community ethics and the law. And if that is the case it is the responsibility of the MMS to admit the problem exists, define it and address it.  It is the responsibility of the MMS to facilitate exposure and that those engaged in wrongdoing be held appropriately accountable for their actions.  I am sure no one at the MMS would disagree that forensic fraud be met with Zero-tolerance.    The criminal and ethical violations shown here do not comport with any codes of conduct including those of the medical society.   Those engaging in forensic fraud must be removed.
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Good leadership requires correct moral and ethical behavior of both the individual and the organization. .  Integrity is necessary for establishing relationships of trust.  It requires a true heart and an honest soul.  People of integrity instinctively do the “right thing” in any and all circumstances.  Adherence to ethical codes of the profession is a universal obligation.  It excludes all exceptions.  Without ethical integrity, falsity will flourish.

The documentary evidence here shows fraud. It is intentional.  All parties involved knew what they were doing, knew it was wrong but did it anyway.  The schism between pious rhetoric and reality is wide.

One measure of integrity is truthfulness to words and deeds.  These people claim professionalism, ethics and integrity.  The documents show a reality of hypocrisy and sanctimony.   But the hypocrisy seen here is also a danger because the careers and lives of doctors in Massachusetts are in these peoples hands.

-Michael Langan, M..D.
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Disrupted Physician

images-10As the oldest medical society in the United States the Massachusetts Medical Society can count some of the greatest minds in the history of American medicine as members.  My how far we have fallen.  This same author has previously unintelligibly compared the field of medicine to Barbra Streisand’s face and shamelessly and opportunistically blamed the Boston Marathon bombing on “marijuana withdrawal.”
 
The sophomoric mnemonics are neither clever nor illuminating.  Unworthy of  Readers Digest circa 1957, this dumbing down of doctors needs to end.  The very soul and practice  of medicine is being castrated and lobotomized by the same dull and very very blunt instrument. 
How does one reconcile the fact that the very same medical society that publishes the New England Journal of Medicine is allowing this type of tripe and rabble to get past editorial review?  In 1969, through an act of the state legislature, the Massachusetts Medical…

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Physician Health Programs:  The Need for Integrity and Accountability of Organizations

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Accountability, or answerability,  is necessary to prevent abuse and corruption.  This requires both the provision of information and justification for actions.  What was done and why?

Professional guidelines and standards of care, ethical codes of conduct and the law are all objective benchmarks that can be used to assess the actions and decisions of others.  In any free society this necessitates the existence of organizations of truly independent opinion capable of standing in this judgment.

State PHPs are Non-Governmental Organizations (NGOs) over which the state health department has no supervisory oversight.  There is no regulation, no transparency and no accountability.  There is no public scrutiny and they police themselves.

In Ethical and Managerial Considerations Regarding State Physician Health Programs Drs. John Knight and J. Wesley Boyd call for greater oversight and scrutiny of PHPs by the medical community at large.   They recommended periodic auditing, national standards and regulation.  They also attempted to convince the Massachusetts Medical Society to implement changes at PHS where they served as Associate Directors with over two decades of collective experience.

These efforts to promote transparency and accountability at both local and national levels, however,  fell on deaf ears.

State PHPs have systematically removed those not conforming to groupthink.  Threatening them with litigation if they breached “peer-review” statutes and confidentiality agreements has effectively silenced them from reporting any misconduct, abuse or even crimes they may have witnessed.

In Massachusetts John Knight was removed in 2009 and J. Wesley Boyd in 2010.  In Ethical and Managerial Considerations Regarding State Physician Health Programs  they comment “if a PHP highlights a physician as particularly problematic, the evaluation center might–whether consciously or otherwisetailor its diagnosis and recommendations in a way that will support the PHP’s impression of that physician.”  So too will the clinical laboratories.  

How is this any different from the case of Dr. Farid Fata, the Michigan oncologist who intentionally diagnosed healthy patients with cancer so he could charge them for unneeded chemotherapy?  The U.S. Attorney called it the “most egregious” case of health care fraud ever. His acts may have contributed to one patient death.   The institutional injustice of the PHP system is causing countless deaths of physicians.

To consciously “tailor” a diagnosis is fraud.  To tailor a diagnosis of substance use disorder or any other psychiatric diagnosis is the political abuse of psychiatry.  Misrepresentation, dishonesty, deception, and distortion play no role in the Profession and Guild of Medicine.  To do so violates the basic moral principles of Medical Ethics–Autonomy, Beneficence, Non-Maleficence and Justice.

The “PHP-approved” assessment and treatment centers are all staffed by doctors of “like-mind.”  It is a rigged game.

An audit of the North Carolina PHP found essentially no oversight from the Medical Board or Medical Society.  The audit found that “abuse could occur without being detected,” and this is by design.  By removing and blocking the provision of information necessary for accountability, restricting the liberties and freedoms of physicians, and increasing their power and control they have erected a framework of hidden abuse.

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The situation in North Carolina is standard operating procedure for PHPs under the Federation of State Physician Health Programs (FSPHP).  It is not the exception but the rule.

While outspoken in denouncing what they regard as unethical and unprofessional behavior by other doctors, they are resistant to apply even the most minimal standards to their own activities.

To whom are the PHPs accountable? Whom do they represent? There are legitimate concerns.

scotty