CBS Nukes Wisconsin Quackbuster Assault…

Who says the national media isn’t interested in the attack on Alternative Medicine? If it was YOU, don’t say it any more, because it just happened in Madison, Wisconsin.  And, it wasn’t that hard to accomplish.

Opinion by Consumer Advocate Tim Bolen

I intentionally forgot to mention, in my articles about the War in Wisconsin, that CBS television was filming our every move in Madison, Wisconsin’s capitol. I also neglected to mention that CBS was traveling around the State, interviewing top AltMed leaders on camera.

Of course, I kept it to myself that CBS was carefully directed to take a HARD look at the Quackbuster operation nationwide, including the dubious National Council Against Health Fraud (NCAHF), the questionable website www.quackwatch.com, and their relationship with two card-carrying quackbuster members employed as Wisconsin Department of Regulation & Licensing (DRL) prosecutors, Arthur Thexton, and James Polewski.

Why did I keep this quiet? When we’ve been working on this for months? I like to surprise the quackbusters. It’s good for their psyche.  Continue reading CBS Nukes Wisconsin Quackbuster Assault…

Wisconsin Negotiations Break Down – Trial to Resume…

Negotiations in the Wisconsin DORL v. Kadile case have broken down, and the trial is about to resume with the continuation of the cross-examination of the State’s ONLY witness, the dubious Bobbie Baratz, a Massachusetts hair removal specialist.

And, that’ll be FUN…

Opinion by Consumer Advocate Tim Bolen

The case is a face-off between the giant North American Health Freedom Movement and the remnants of the once-successful, but now on-the-run, self-styled “quackbuster” organization.   Continue reading Wisconsin Negotiations Break Down – Trial to Resume…

Quackpot Barrett THRASHED in Illinois High Court…

The “Essence of America” is alive and well in Illinois. 

A three Judge panel of the Appellate Court of Illinois, Second District, today, issued a decision in the Stephen Barrett v. Owen Fonorow” case. Barrett had lost his original case against Owen in District Court and filed an appeal, apparently trying to get the Illinois Appeals Court to re-write federal law and counter a decision previously handed down by a Federal Court.

Barrett was MANGLED by the Judges. Continue reading Quackpot Barrett THRASHED in Illinois High Court…

“Health Freedom” and “Quackbusters” Switch Roles –  in California Supreme Court Case…

We’ve come full-circle…

When the self-named “Quackbusters” stumbled around, years ago, to find a derisive name to call their victims, they picked the word “Quack,” without ever bothering to discover it’s origins.  Its original meaning, from Europe, comes from the term “quacksalver” which was used to describe Dentists who were dumb enough to use mercury (a poison) as fillings for teeth.  Look at propagandist, and “Quackbuster” king-pin, Stephen Barrett’s website (www.quackwatch.com), and you’ll find that HE IS IN FAVOR of mercury (amalgam) tooth fillings.  Barrett, his cronies, and minions, are not known to do intelligent research.

But it gets stranger, and stranger.

In California, where wine is the State flower (not actually), we’ve got the health freedom movement attacking the “quacks,” the “real “quacks,” the ones originally described by the European health community, as those dumb enough to use mercury (a poison) as fillings for teeth.  And, the self styled “quackbusters” are calling those against mercury “quacks.”

Huh?

What’s happening is that the Dental Division of the North American Health Freedom Movement is relentlessly pursuing the California Dental Association’s support of mercury as a tooth filling through the courts, now, all the way to the California Supreme Court.  Read the article below by Washington DC Attorney Charlie Brown.

“CALIFORNIA SUPREME COURT TO HEAR OUR CASE AGAINST C.D.A.
———–
MOMENTUM SHIFTS TO MERCURY-FREE MOVEMENT

September 23rd, 2003

Article by Charlie Brown

On Sept. 17, in what may be our most significant victory to date, the California Supreme Court voted 5-2 to hear our case against the California Dental Association and its notorious gag rule restricting the rights of mercury-free dentists.

The CDA will now be forced to defend its so-called rules of conduct before the nation’s most closely watched State Supreme Court. The case was summarized this way by the Los Angeles Daily Journal: to assure the public that dental amalgam is safe. But (plaintiffs) charged that the (CDA) orchestrated a campaign to prevent patients from learning about mercury toxicity in amalgam and had retaliated against dentists who issued warnings to patients.

Continue reading “Health Freedom” and “Quackbusters” Switch Roles –  in California Supreme Court Case…

State of Wisconsin Busts Quackbuster  Employee… NAET Vindicated…

Things are fermenting in the cheese State.

Opinion by Consumer Advocate Tim Bolen

The State of Wisconsin is taking positive steps to rid itself of the influence of the quackusters.  Yesterday, Governor James Doyle’s appointee, Donsia Strong Hill, Secretary of the Department of Regulation & Licensing (DORL) announced the reversal, by her office, of a decision of an Administrative Law Judge (ALJ) under her command.

James Polewski, a DORL prosecutor, had attacked a licensed Nurse practitioner, Barbara Lemke, with “practicing medicine without a license” for engaging in the practice of NAET (Nambudripad Allergy Elimination Technique). Polewski, in a deposition, was forced to admit under oath, that he was in fact, a member of the National Council Against Health Fraud (NCAHF) and a Skeptic. Continue reading State of Wisconsin Busts Quackbuster  Employee… NAET Vindicated…

Day Two:  The Proper Way to Treat a Quackbuster…

Madison Wisconsin – At the end of “Day One” of the trial (cross-examination) of top “quackbusterRobert S. Baratz MD, DDS, PhD, the Judge called in the attorneys for a short meeting.  In essence he said “Enough is enough. This has gone on too long. There’s no reason to go on with this farce.  I want the defense to wrap up their cross-examination by 11:00am, the prosecutor to finish re-direct by 12:00 noon, and after lunch we’re going to settle this case.”

The quackbuster’s last assault, the attack against Green Bay Physician Eleazar Kadile MD, their last attempt at glory, has been stopped DEAD in it’s tracks.  All that’s left is the settlement agreement, and the punishment that’s going to be exacted on the perpetrators.

Opinion by Consumer Advocate Tim Bolen Continue reading Day Two:  The Proper Way to Treat a Quackbuster…

Day One:  Bobbie Sweats Thru His K-Mart Suit…

When top quackbuster Robert S. Baratz MD, DDS, PhD walked up the Wisconsin’s Department of Regulation (DORL) hallway towards hearing room 291, at 8:55am, and saw me (Tim Bolen) standing there talking to a uniformed Capitol Police officer, Arthur Thexton, the DORL attorney, almost had to carry Baratz the last fifty feet into the room.  Baratz looked like a death row prisoner heading towards the gas chamber.

Good comparison.

Opinion by Consumer Advocate Tim Bolen

Continue reading Day One:  Bobbie Sweats Thru His K-Mart Suit…

How Do You Trap A Quackbuster?

It’s easy.  You set out cheese.  

Opinion by Consumer Advocate Tim Bolen

Our project in Wisconsin is a prime example of how to deal with quackbusters, correctly, and efficiently.  First, understand who, and what, you’re dealing with.  Once you know that, you’ve installed a ring in their nose, which you can use to lead them to their end.  That’s what we’re doing to Robert S. Baratz MD, DDS, PhD, the current President of the National Council Against Health Fraud (NCAHF) in Wisconsin. Continue reading How Do You Trap A Quackbuster?

For Quackbuster’s NCAHF – It’s All Over But The Shouting…

The Quackbuster Flagship sank today.  A Three Judge California Appeals Court broad-sided it.  Let’s all go watch it slide under the waves.  Bring a bottle of wine and some paper cups.

Opinion by Consumer Advocate Tim Bolen

We already know that the quackbusters have ZERO credibility with the American court system.   So it’s not going to be a surprise to anyone that the National Council Against Health Fraud (NCAHF), today, lost the decision they appealed over the case called “NCAHF v. Botanical laboratories, et al.”

Here are the the Three Judge Panel’s words… Continue reading For Quackbuster’s NCAHF – It’s All Over But The Shouting…

State of Wisconsin Mauling Quackbusters…

Things are not going well for the quackpot menace.

Opinion by Consumer Advocate Tim Bolen

The Reedsburg Independent newspaper ran an article last Thursday quoting from a joint press release from Senator Dale Schultz, and Representative Sheryl Albers from the Third District of the Wisconsin legislature. You can read the whole article by clicking here. But here’s a sample: Continue reading State of Wisconsin Mauling Quackbusters…

Quackpot Baratz goes on trial in Wisconsin July 14th, 2003…

It won’t be long now…

Soon we’ll get to see the President of the National Council Against Health Fraud (NCAHF) crying his eyes out in a courtroom again.   Whimpering, and stuttering, his way through “expert testimony” (I have a video tape) last October 2002 in Wisconsin, Robert S.Baratz MD, DDS. PhD., broke into crocodile tears, snuffling out “I was a paper boy at eight and a half years old.  Then I was a boy scout (sniff, sniff).  Then I got the order of the arrow (snuffle, snort),”  Baratz did everything but wet his pants when confronted about his expertise, and his credibility. Continue reading Quackpot Baratz goes on trial in Wisconsin July 14th, 2003…

Quackpot Barrett Crushed in Federal Court – Again..

Some people never learn.  Stephen Barrett (quackwatch.com) seems to be one of those.

Despite loss after loss, and humiliation on top of humiliation, self styled quackbuster Stephen Barrett trudges on to the next embarrassment.

Opinion by Consumer Advocate Tim Bolen

Like a bug in the fast lane,  Barrett is doomed to be wiped off the windshield of the North American Health Freedom Movement time after time, I guess. Continue reading Quackpot Barrett Crushed in Federal Court – Again..

Hell Hath No Fury Like a Quackbuster Scorned…

It’s tough being a quackbuster these days. They get no respect. Why should they?  

The North American public has identified the true intent of the stumbling, bumbling mini-cult that years ago, pompously paraded itself across North America as “The Quackbusters.”  Now, most places, they’re a joke.  And, they don’t seem to like that…

Opinion by Consumer Advocate Tim Bolen Continue reading Hell Hath No Fury Like a Quackbuster Scorned…

Quackbusters Massively Crushed in California Court…

This story is a belly laugh – unless, of course you’re a quackbuster…  Then, maybe it’s not so funny.

Opinion by Consumer Advocate Tim Bolen

December 12th, 2003 was the day when a Rancho Cucamonga, California, jury of twelve delivered their verdict in a trial called Hendricksen vs. Metabolife.  The Judge was Jeffrey King, who was conducting his last trial before he was appointed to the California Appeals Court bench.

The trial had taken six weeks –  30 full days of trial.  In the end, it was no contest.  The jury voted in favor of the defendant, Metabolife.

On the plaintiff’s side was the quackbuster’s favorite attorney Christopher Grell from Oakland, California.  On the defendant’s side were competent, thoughtful, attorneys with social conscience, who cared about their clients and the people of California. Continue reading Quackbusters Massively Crushed in California Court…

(Proposed) Final Decision and Order… Eleazar Kadile

Opinion by Consumer Advocate Tim Bolen

This is Baratz and Thexton’s written plan to destroy the leading-edge health care system for millions of people in Wisconsin.

You are about to read the “Final Decision and Order” that DORL employee Arthur Thexton wants to FORCE on all leading-edge health practitioners in Wisconsin.  He is starting with Eleazar Kadile MD.  

Worry Not – THEY LOST THIS CASE.  WE WON!!!  This DID NOT happen…

Notations, and commentaries, in this writing are in blue.   

Note that MOST of the so-called “FINDINGS OF FACT” or “CONCLUSIONS OF LAW,” and the “ORDER” shown below are NOT true.  

One of Thexton/Baratz  tactics here, is the sheer financial cost that any physician would incur, if he/she had BAD legal advice, and were foolish enough to agree to something like this.  We’ve put financial cost estimates in green.

Eleazar Kadile MD is simply an “Alternative Medicine” practitioner.  He has done nothing wrong.  

Thexton/Baratz’s strategy to force this on Dr. Kadile, and all other practitioners, is simple.  Thexton is trying to qualify Baratz  as an expert in EVERY facet of American medicine – and then have him testify in marathon Administrative Law Cases, to run up the individual doctor’s legal bills beyond what they can afford.  Dr. Kadile’s legal bills totaled $127,000 after the first week of trial.  And, there was no end in sight.  Thexton wants Baratz to testify for another week. The trial is ongoing.

When you are done reading this, go read the individual  “REQUIRED DISCLOSURE FOR EXPERIMENTAL/UNCONVENTIONAL DIAGNOSIS AND TREATMENT” forms that Thexton/Baratz want to force patients to sign…

Tim Bolen

—————–

STATE OF WISCONSIN
BEFORE THE MEDICAL EXAMINING BOARD
IN THE MATTER OF DISCIPLINARY                                          FINAL DECISION AND ORDER
PROCEEDINGS AGAINST                                                        LS-0112061-MED
ELEAZAR M. KADILE, M.D.                                                     94 MED, 96 MED 287
RESPONDENT.
——————————————————————————————————————
The parties to this action for the purposes of 227.53, Wis. Stats., are:Eleazar M. Kadile, MD
1538 Belleview St.
Green Bay, WI 54311

Wisconsin Medical Examining Board
P.O. Box 8935
Madison, WI 53708-8935
 Department of Regulation and Licensing
Division of Enforcement
P.O. Box 8935
Madison, WI 53708-8935
 The parties in this matter agree to the terms and conditions of the attached Stipulation as the final decision of this matter, subject to the approval of the Board. The Board has reviewed this Stipulation and considers it acceptable.  No one has agreed to any of this…
 
 Accordingly, the Board in this matter adopts the attached Stipulation and makes the following:  No one has agreed to any of this…
 
FINDINGS OF FACT
1. The respondent is Eleazar deMira Kadile ( D.O.B. 1/26/39) who is licensed and currently registered as a physician and surgeon in the State of Wisconsin, license #20408, first granted on 10/1/76. Respondent’s most recent address on file with the Department of Regulation and Licensing is 1538 Belleview St. Green Bay, WI 54311.
2. During the year 1995, and in subsequent years, respondent caused to be distributed and published to the public a brochure advertising his services as a physician, which brochure stated: “Relentless study of allergy and the environment led to his board certification in Environmental Medicine. In 1992, he received a Fellowship from that same organization.”  The brochure did not contain the complete name of the specialty board which conferred the certification.  So?
3. In the same brochure, respondent advertises as follows: “Our Certified Clinical Nutritionist is available to discuss nutritional needs with you.” In fact, respondent had no person on his staff or associated with his practice who was or is certified under §448.70 to §448.94, Wis. Stats, although the person had passed a certification test for a national private association in the field of nutrition in 1991.  Yeah, and?
4. Respondent caused or authorized to be published in the August 17, 1996 (Sunday) Green Bay Press-Gazette, a general circulation newspaper, an advertisement which stated that a “typical” patient treated with chelation therapy reported that his coronary artery blockage was halved by respondent’s chelation therapy, and that “chelation therapy is an effective way to not only combat, but reverse some of the effects of atherosclerosis.” This never happened.  Thexton made this up.  The Board finds that there is not sufficient data to support these representations. The board has done no such thing.  Thexton is lying…
 
5. At all times relevant hereto respondent treated patient Roy P., a male born in 1939 with a history of stroke, mild diabetes, herniated lumbar disc L-4L5, and angioplasty. He had cholesterol levels of 250, with LDL of 173, and was taking cholestyramine.
6. On 11/7/91, respondent first saw this patient and diagnosed the patient as suffering from sub clinical hypothyroidism.
7. The patient’s T3 and FTI laboratory test results were within normal limits, while the T4 was 4.5 (the normal range is 4.9 to 9.5) based on the first laboratory test results in the patient’s chart, which bear the date of 11/11/91.
8. The laboratory test results set forth in the previous paragraph do not support a diagnosis of hypothyroidism. Respondent’s statements that he believed the patient to have “subclinical hypothyroidism” based on the laboratory reports, an uncharted low basal temperature, high cholesterol, the presence of scleroderma (an autoimmune disorder) and diabetes, and a report of feeling fatigued, is not recognized by the Board.  This is not true.  Thexton is lying, based on crackpot Baratz’s reading of the case.
9. Respondent prescribed desiccated thyroid per day, beginning 11/21/91, for treatment of hypothyroidism.
10. Chelation therapy is a treatment which involves the infusion of intravenous EDTA into a patient’s bloodstream. There are kinds of EDTA:  calcium EDTA and disodium EDTA.  Disodium EDTA is used conventionally to remove calcium from the body, and is well accepted for use in cases where a patient has hypercalcemia or digitalis-induced cardiac arrhythmias. Calcium EDTA is used to remove lead from the body in cases of lead poisoning, and is well-accepted for this use. The patient did not have any of these conditions. Baratz says this – and he has no expertise in any of this.  His claim to expertise is that “he read about chelation when he was in DENTAL school…
11. Respondent prescribed and administered magnesium disodium EDTA chelation for this patient.  60 such chelation treatments were administered in Respondent’s office between 12/3/01 and 5/12/94.
12. Respondent’s conduct created the following risks to the patient, which were not adequately disclosed:  Says crackpot Baratz…
 
 A. The provision of thyroid replacement therapy to a patient who does not have hypothyroidism may lead to hyperthyroidism, including weight loss, hypertension, palpitations, diarrhea, cramps, tachycardia, angina pectoris, arrhythmias, tremors, headache, and in severe cases cardiac decompensation, cardiac failure and death.  None of this is true.  It is simply crackpot Robert Baratz’s assinine commentary on a science he knows nothing about.
 B. Board finds that Respondent’s failure to accurately and completely record his findings in the patient’s record, and his failure to document a thorough and competent history and physical examination, creates the risk that the patient’s conditions are not being accurately recorded, detected, and monitored thereby creating an additional risk that the patient may be inappropriately treated or there may be a delay in necessary treatment. None of this is true.  It is simply crackpot Robert Baratz’s assinine commentary on a science he knows nothing about.
13. In fact, chelation therapy is not accepted by the Board as an effective treatment for any of the patient’s diagnosed conditions.  The board has done NO SUCH THING.  Thexton is lying…
14. Respondent signed a letter and sent the letter to an insurance company on 1/11/92, stating that the patient had high level of mercury and lead, and that there was a medical necessity for EDTA chelation for the presence of these substances. In fact, the Board does not find high levels of either of these substances by accepted or established testing methods. The board has done no such thing.  Thexton is lying…  The purpose of EDTA chelation therapy was to improve the patient’s cardiovascular functioning, and by failing to state this, a material fact was not conveyed to the insurance company.  None of this is true.  It is simply crackpot Robert Baratz’s assinine commentary on a science he knows nothing about.
15. Respondent has stated that if a patient substantially like Mr. P were to present to him today, he would treat him in substantially the same way as he treated Mr. P.
16. The Board finds that the state’s expert, Robert S. Baratz, is qualified to give admissible testimony on all aspects of this matter.  Isn’t this amazing?  Thexton is so worried about Baratz being disqualified he wants this junk in an agreement.
 
CONCLUSIONS OF LAW
A.   The Wisconsin Medical Examining Board has jurisdiction to act in this matter pursuant to §448.02(3), Wis. Stats. And is authorized to enter into the attached Stipulation pursuant to §227.44 (5), Wis. Stats.
B.   Failing to state the full name of the board which certified him in “environmental medicine,” as described in ¶2, above, is contrary to § Med 10.02(2)(w), Wis. Adm. Code  This is a STUPID Statement written by Thexton – showing the low quality of work he is able to produce as a public employee.
C.   Representing that a person is a “Certified Clinical Nutritionist,” as described in ¶ 3, above, tends to represent the person as certified in a nutrition-related field, and is therefore prohibited by ¶448.76, Wis. Stats.  The brochure statement constitutes a violation of  ¶ Med 10.02(2)(o), Wis. Adm Code.  Again – this is a STUPID Statement written by Thexton – showing the low quality of work he is able to produce as a public employee.
D.   The advertising described in  ¶4, above, is contrary to  § Med 10.02(2)9O), Wis. Adm. Code.  Wrong…
E.   Respondent’s conduct as described in   ¶¶5-15, above, violated  § Med 10.02(2)(u), Wis Adm. Code.  Wrong…
F.   Respondent’s conduct as described in ¶14, above, violated Wis. Adm. Code § Med 10.02(2)(m). Wrong…
 
G. The above conduct constitutes unprofessional conduct within the meaning of Wis. Stats. § 448.02(3).  Wrong…
ORDER  Again – remember that none of this is actually true – it’s what Thexton, and Baratz, want all the health practitioners in Wisconsin to agree to.  Eleazar Kadile MD is an “Alternative Medicine” practitioner.  He has done nothing wrong.  All of this is to stop him, and about 3,000 other Wisconsin practitioners, from practicing non-conventional medicine.  All on the say-so of a crackpot hair-removal specialist who lost his last job after a physical altercation with a 72-year old woman – and the writings of a DORL zealot.
NOW, THEREFORE, IT IS HEREBY ORDERED, that the attached Stipulation is accepted.
IT IS FURTHER ORDERED, that Eleazar M. Kadile, MD, is REPRIMANDED for his unprofessional conduct in this matter. There is NO unprofessional conduct – except on the part of Arthur Thexton, and Robert Baratz.
 
IT IS FURTHER ORDERED, that the license to practice medicine and surgery of respondent is LIMITED as provided in  §448.02(3)(e), Wis. Stats., and as follows:
1) Respondent shall, for all patients, record in the chart the names and contact information for all other  physicians the patient is seeing or is likely to see on a continuing basis, and shall inform one primary care physician’s office, in writing, of his diagnosis and proposed treatment of the patient. If a patient refuses consent for respondent to provide such information to the other physician, respondent shall not treat that patient. There is no good reason for this.  It is just to raise costs, harass other doctors, and create bad feeling…  Monthly estimated cost – $500.
2) Respondent shall not engage or participate in any research project on human subjects without the specific approval of the Board.  The board doesn’t have any jurisdiction over research projects.  It couldn’t approve or disapprove one if it wanted to. 
3) Respondent shall not prescribe, dispense, or administer any drug product or device which is not FDA approved, nor for any use or indication for which such drug product or device is not labeled in the United States, nor may respondent order, dispense, or administer any compounded drug or drug product, except as permitted in this Order. This is contrary to NORMAL physician practice in the United States.   Off-label or compounded prescribing shall be pursuant to the form attached as REQUIRED DISCLOSURE FOR EXPERIMENTAL/UNCONVENTIONAL DIAGNOSIS AND TREATMENT.  The Board or its designee may grant exceptions to this requirement for written informed consent for “off-label” prescribing, upon petition, either as to an individual case or product or as to a category of patients or products. There is no provision in board policy to provide for petitions on individual cases. Is Thexton  too stupid to know this? Respondent may offer chelation therapy only if the patient signs the for which is attached to this Order as REQUIRED DISCLOSURE FOR ETHYLENEDIAMINETETRAACETIC ACID (EDTA) CHELATION THERAPY.  Respondent shall not alter, preface, supplement, or in any way attempt to defeat or minimize the message of the approved disclosure forms with other documents or oral statements; respondent shall comply with ch. Med 18, Wis. Adm. Code. The form shall be preserved in the patient’s chart, and a copy given to the patient at the time of signing.
4) Respondent shall not order or recommend any established test for unestablished reasons, or any unestablished test (including but not limited to whole blood analysis, hair analysis, any test offered by facilities which are not commonly used by physicians practicing conventional medicine) unless the patient signs the attached REQUIRED DISCLOSURE FOR EXPERIMENTAL/UNCONVENTIONAL DIAGNOSIS AND TREATMENT.  All testing shall be performed by CLIA regulated laboratory which is authorized to do the test performed.  All physicians use “disclosure” forms.  Wait until you see the ones that Thexton/Baratz dreamed up…
 
5) Respondent shall not sell any good or article to any patient at other than his actual cost (including shipping) without written notice (approved by the Board or its designee) by respondent that such goods or articles are being sold on a for-profit basis, and with acknowledgment from the patient that he/she is purchasing the good or article voluntarily of his/her own free will, and that he/she may purchase the items elsewhere. They want to eliminate vitamins and supplements. Estimate cost – unknown.

6) Respondent shall make no statement concerning a patient’s condition, orally or in writing to any third party payor or a patient (or patient’s caregiver) which is not clearly supportable by the patient’s health care record. Respondent shall not make any statement to a third party payor or a patient (or patient’s caregiver) that a patient has abnormal levels of any substance without enclosing the laboratory report which supports that statement.  This is insulting.  Only crackpot Baratz says that Dr. Kadile didn’t have adequate justification for treatment… 

 
7) Respondent shall, at his own expense, retain a physician who is board certified in a specialty recognized by the American Board of Medical Specialties in a field providing primary care to patients, who is acceptable to the Board, such acceptance not to be unreasonably withheld. The retained physician shall, on behalf of the Board, review respondent’s patient charts no less often than every three months, or as the retained physician shall determine is necessary to timely review the records, and shall report to the Board any conduct which may violate this Order or be negligent, unprofessional, in violation of any state or federal law or rule, or outside the standard of care.  The retained physician’s sole duty is to the Board and not to any patient or third party. Respondent shall cooperate at all times with the retained physician including by timely paying any fees in full, answering questions, and providing supplemental information promptly when requested. All of respondent’s personal clinical notes resulting from office visits shall by typed.  This is insulting.  It is here only to harass doctors – and to increase their costs to operate.  A Board certified MD would have to charge between 20 to 35 thousand dollars each quarter to review this many charts.  And, when would one have time?  And who would take the risk?
8) Respondent shall forthwith ensure that none of his staff uses the title “certified clinical nutritionist” or any other title which violates  §448.76, Wis. Stats. This is insulting.  They want to eliminate vitamins and supplements. 
9) Respondent shall forthwith cease to use any advertising which includes testimonials, and shall not advertise any medical practice or course of treatment which would include any particular or specific off-label use of drug products or devices, nor shall he advertise that he is board-certified unless he is either certified by a board recognized by the American Board of Medical Specialties, or discloses the full name of the Board which has certified him.  However, Respondent continues to have the right to advertise his complementary and alternative medicine practice.  This is insulting.  It also restraint of trade.  This is not within the board’s venue, or scope of authority.
 
10) Respondent shall, at his own expense ($25,000 plus the wasted time), participate in and successfully complete with 12 months of the date of this Order, an educational program established through the University of Wisconsin Continuing Medical Education Program (which may conduct any program through the Medical College of Wisconsin or another CME provider) in medical recordkeeping approved by the Board or its designee.  Alternatively, respondent shall complete another recordkeeping course pre-approved by the Board or its designee, which is substantially equivalent.  This is insulting.  Baratz is too dim-witted, and has too little experience, to read simple patient records.
a) Under tutelage of a mentor selected by the program (Baratz will be the so-called mentor?), Respondent shall review a selected text on medical recordkeeping, and shall introduce the mentor’s recommendations into his system in both clinic and hospital records. All of Respondent’s records may be reviewed and discussed periodically as the mentor shall determine. Reviews may include not only the adequacy of documentation but any quality of care or related issue. This is just run up costs, for no good reason – and get Baratz some more income..  Estimated cost – $125,000.
 b) The mentor (Baratz?) shall agree to report any matter which may constitute a danger to the health, safety or welfare of patient or public, or any violation of law to the Board whenever it comes to the mentor’s attention.  This is insulting. 
 c) Respondent’s progress and the outcome of the program shall be reported directly to the Department Monitor who may discuss Respondent’s progress with the mentor. The UW-CME shall certify the results of the program upon completion to the Board.
 d) If Respondent does not successfully complete the program or achieve the program objectives, the matter shall be referred to the Board to determine any additional appropriate discipline for the conduct set forth in the Findings of Fact.
     IT IS FURTHER ORDERED, that Respondent’s license is LIMITED in the following additional respect: If respondent renews his registration after Oct. 31 2005, respondent shall EITHER have taken and passed the SPEX with a score of 75 (Respondent may not attempt the test more than twice without Board approval), OR have undergone an assessment to evaluate Respondent’s current abilities to practice medicine at his current practice (by Baratz?), given his current patient population and the facts of this case. The assessment shall be performed under the direction of the University of Wisconsin Continuing Medical Education Program (UW-CME), and may include a cognitive screening assessment, peer interview, and/or physical examination. Respondent shall have completed all portions of the process for which he is responsible (including payment of all required fees), as requested by UW-CME, before October 31, 2005.  It is commonly known that NO ONE EVER passes the SPEX test.  Estimated cost – $20,000, plus the wasted time.
     If the results of this assessment process show a deficiency in respondent’s abilities, respondent shall participate in and successfully complete an educational program established through the UW-CME and based upon the results of the assessment. The educational program shall include a post-intervention assessment which may be 6-18 months following the completion of the didactic portion of the program. Respondent shall complete this program within the time parameters established by the UW-CME, but no later than two years from the date of the report to the Board of the results of the assessment process.  It is commonly known that NO ONE EVER passes the SPEX test.  Estimated cost, including travel, lodging. lost income  – $250,000.
     In the event that UW-CME states that it is unable to develop an educational program which adequately addresses the issues identified in the assessment, the program shall notify the Board of this fact, and the matter shall be returned to the Division of Enforcement for further action. The results of the assessment shall be admissible as evidence in any subsequent proceedings in this action.  It is commonly known that NO ONE EVER passes the SPEX test.
     Respondent shall be responsible for all costs incurred for the SPEX or the assessment and training under the terms of this Order, and shall timely pay all fees when due.  It is commonly known that NO ONE EVER passes the SPEX test.
     The UW-CME shall certify to the Board the results of the assessment and educational program upon their completion, and may certify separately the didactic portion of the program and the post-intervention assessment. Upon receipt of certification of completion of the terms and conditions set forth above, the Medical Examining Board shall inform Respondent that his obligations under this portion of this order have been satisfied, and that his license is no longer limited in this respect.  It is commonly known that NO ONE EVER passes the SPEX test.
     If respondent does not successfully complete the program or does not successfully achieve the objectives of the program, and does not pass SPEX, this matter shall be referred to the Board to determine any other appropriate discipline for the conduct set out in the Findings of Fact. Respondent and the Division will have the opportunity to present argument to the Board on that issue. The Board and Respondent will receive the results of the assessment and Respondent’s performance in the program, including the post-intervention assessment, as evidence in determining appropriate discipline.  It is commonly known that NO ONE EVER passes the SPEX test.
     If Respondent has diligently pursued the assessment option in a timely manner and has promptly started the recommended educational program (if any), but is unable to fully complete the educational program recommended, by October 31, 2005, he may petition the Board for a reasonable extension to finish the educational program. The granting of such extension is within the discretion of the Board, and may include conditions or additional limitations for the period of such extension, based on the assessment and respondent’s progress in the educational program as known at that time.  It is commonly known that NO ONE EVER passes the SPEX test.
 IT IS FURTHER ORDERED, that Respondent shall pay partial costs of investigating and prosecuting this matter in the amount of $15,000., together with statutory interest from the date of this Order by October 31, 2003.
 IT IS FURTHER ORDERED that pursuant to  §448.02(4), Wis. Stat., if the Board determines that there is probable cause to believe that respondent has violated any term of this Final Decision and Order, the Board may order that the license of respondent be summarily suspended pending investigation of the alleged violation.
 Dated this November 20, 2002.
 WISCONSIN MEDICAL EXAMINING BOARD, by:
by: ———————————————————
a member of the Board
 
Thexton and Baratz were completely humiliated over this document, and its attempt at enforcement.

Barrett Gets His Come-Uppance – In Federal Court…

Opinion by Consumer Advocate Tim Bolen

 

Shunned by his fellow MDs in Pennsylvania’s LeHigh Valley, Stephen Barrett had been forced to shut down his “Psychiatry” practice in  1993 – the “Referrals” were getting a little slim. Now, Barrett operates a tawdry little “quackbusting” business out his basement in Allentown, PA.  His flagship is his website “www.quackwatch.com”.   There, he spews hatred, calling it Consumer Advocacy, of his betters in the health profession – and offers to testify to his ludicrous claims for money. Continue reading Barrett Gets His Come-Uppance – In Federal Court…

The Public Humiliation of One of Barrett’s Parrotts – by a Federal Judge…

Quackbuster propagandist, failed MD Stephen Barrett, lost his very first court case suing one of his critics in US Federal court last week.  It was a belly laugh.  Barrett, who sues easily those disagreeing with his opinions vouchsafed on his ludicrous website www.quackwatch.com, has never had to, actually, go to trial before.  Finally, when he did, he got literally thrashed.  This was the case where the tire met the road.

Opinion by Consumer Advocate Tim Bolen Continue reading The Public Humiliation of One of Barrett’s Parrotts – by a Federal Judge…

Homeopathy – A Success Story for 2002…

It wasn’t that long ago that top Quackbusters (quackpots) Stephen Barrett and Bobbie Baratz used the National Council Against Health Fraud (NCAHF) to sue fifteen Homeopathic product manufacturers, in California, absurdly claiming that “since Homeopathy has never been scientifically proven, it was health fraud.”  The quackpot presentation, in those lawsuits, was so poor, their arguments so asinine, it left Los Angeles Superior Court Judges almost rolling on the floor with laughter.

Opinion by Consumer Advocate Tim Bolen Continue reading Homeopathy – A Success Story for 2002…

Governor Signs New California Health Freedom Bill –  State Now “Wide Open.”

Today, September 24, 2002, is a very important date in Health Freedom History.  For today, California Governor Gray Davis signed into law the most important Health Freedom bill in world history – California SB 577.

The paragraph below contains PART of the language in the bill.  For Californians, section (c), below makes health care “wide open.”  Naturopaths, Homeopaths, Nutritionists, etc., are now free to offer services, without harassment.  To read the whole bill go here.

Opinion by Consumer Advocate Tim Bolen Continue reading Governor Signs New California Health Freedom Bill –  State Now “Wide Open.”

“The Tables Have Turned” On the Quackbusters…

The “Quackbusters,” a sham, and scam, organization held together for the express purpose of denying real health care to Americans, has been hit VERY HARD once again. This time, again, in California.

This time, the “defense” in a court case set it up so there was an immediate, and severe, penalty attached to the “Quackbuster” attack against their client(s). I see financial ruin of the top “Quackbusters” on the horizon. I’m very pleased.

Opinion by Consumer Advocate Tim Bolen Continue reading “The Tables Have Turned” On the Quackbusters…