Maryland Board of Physicians Seeks a Whitewash…

Opinion by Consumer Advocate  Tim Bolen 

 

Health care is a serious business, but sometimes I just have to laugh out loud at the antics of those “we the people” have been dumb enough to entrust with administrative function in our health care system – example:  The Maryland Board of Physicians.

As we all know, the Maryland legislature issued a two-hundred page report virtually declaring the physician board incompetent last week, and hearings have been scheduled to bring the board to task.

So, what is the board’s response to the legislature’s blast?  Two parts:  (1)  “We’re doing just fine.  The legislature doesn’t know what they are talking about.  Look at how we went after the Geiers,” and (2)  “We should bring in an expert to help us get organized…”

So what expert does the board, represented by Joshua Scharfstein, want to bring in?  Read the excerpt from the Baltimore Sun, just below:

“In testimony before the lawmakers, Dr. Joshua M. Sharfstein, department secretary, recommended that the board bring in Dr. Jay Perman, president of the University of Maryland at Baltimore, to conduct an outside review. Sharfstein suggested he provide an interim update during the 2012 legislative session and a full report afterward – to which Elder said he was amenable. 

This would require the lawmakers to extend the board’s sunset for another year so Perman’s review could be considered during the 2013 legislative session. The auditors suggested that the lawmakers could consider withholding some of the board’s budget as a means of encouraging more swift compliance with laws and recommendations in the meantime. The appropriation in fiscal 2012 was $8.6 million and there were 68 on staff, 10 fewer than in 2008. 

Sharfstein told the committee this was the time to push for change. 

“The sunset review process is one of the only opportunities for my department and your committee to assure that the Board of Physicians is headed in the right direction,” he said.

Let’s put Scharfstein’s recommendation into perspective.  Basically mega-arrogant Scharfstein is telling the elected Maryland legislature that it is they, the legislature, that is dysfunctional and incompetent, and that he, Scharfstein, demands that the legislature SUBMIT their committee analysis of the Board of Physicians to an outside reviewer of HIS, Scharfstein’s choice.  He picks the president of the University of Maryland Dr. Jay Perman, and holds up Perman as an independent reviewer.

Perman is an Independent reviewer?  (snort here).  The University of Maryland has FOUR Departments totally tied into vaccine mega-promotion.  The School of Medicine alone has 468.5 million in grants, a significant part of which comes from the very US department that wants to increase mandatory childhood and adult vaccines, evidenced in the revised 2011 National Vaccine Plan.  It is ranked 17th countrywide in grants.

More, the School of Medicine has in place the “Center for Vaccine Development” (CVD). According to its website:

“The CVD is engaged in the full range of vaccinology, from basic science through vaccine development, clinical evaluation and field studies.”

“The Center heads a coalition of 16 Middle Atlantic region institutions seeking to develop improved vaccines, diagnostics, and therapeutics against smallpox, anthrax, hemorrhagic fever viruses such as Ebola, and potentially deadly forms of bacteria such as E. coli and Shigella. Learn More.

Faculty and staff consult with international agencies such as the World Health Organization, Pan American Health Organization, Agency for International Development, World Bank, and the Global Alliance on Vaccines and Immunization, as well as with individual governments.”

Even more of interest is that an important part of their mission is in:

“Measuring human immune responses to vaccines.”

I looked carefully at every study, research project, etc., I could find on their website.  No where did I find any reference to any accomplishment of “Measuring human immune responses to vaccines.”  I guess investigating the effect of an increased vaccine offering, in total, is simply beyond their abilities (sarcasm intended).  Even though their funding is SIGNIFICANT.  You can see all of that funding here.

What about the idea of an “Independent Monitor?

In November of 2005 I wrote an article “California Medical Board Hears FINAL “Enforcement Monitor” Report – and Changes Direction…”

It started out saying:

“This story is about the biggest victory in the history of health freedom battles EVER. 

It was a banner day, last Thursday, November 3rd, 2005, in California, for the powerful North American Health Freedom Movement.  Years of hard work, organizing, button-holing of legislators and the governor’s office, educating the media, making alliances where we never had before – paid off.  In spades… 

The once powerful quackbuster influence in California health care politics was broken, years ago now, and, as of last Thursday, the apparatus it set up to control health care in California has been dismantled.  Health care quality has, once again, been brought under the control of the citizens of California.  And, things are about to change radically. 

Very radically.  For the California Medical Board is the first State to officially shift its focus – and will now target, en masse, and with new muscle, and new funding, those responsible for “organized medicine” being the number one killer of Americans.”

“So, what actually happened? 

Thursday, the California Medical Board heard the FINAL report of the “Enforcement Monitor,” thrust on them, at our request, by the California legislature.  The Board, and the board staff, have already adopted, and put in place, fifty (50) of the sixty-five (65) recommendations in the FINAL report.  Within that report is a significant change in focus – and the setting up of the apparatus, including the legislation, and the additional funding necessary, to go after “bad” doctors  – with a vengeance. 

California, to its credit, has become the first State to proactively address the horrifying fact that “organized medicine” is the number one killer of Americans – and do something about it. 

I applaud the members of the California Legislature and the Medical Board for this LANDMARK action. 

The report, frankly a model for every State, addresses seven basic issues of enforcement – in detail.  The report, upwards of two hundred (200) pages outlines how an enforcement agency actually works, and makes recommendations on how to improve it.  Download a copy of this startling report for yourself, by clicking here.

In short, the story talked about, and linked to the final report of the “Enforcement Monitor” shoved on the California Medical Board two years before.  The board had NO CHOICE but to follow the orders of the monitor.  The monitoring was provided by the University of San Diego School of Law, Center for Public Interest Law (CPIL) Division under the guidance of Julie D’Angelo Fellmeth CPIL Administrative Director/Supervising Attorney.

Is this what the Maryland Board of Physicians needs?

Probably – or something even stronger.  The situation that caused the “Enforcement Monitor” to be shoved on the California Medical Board was very similar.  I wrote about that back in 2002.  I said:

California Medical Board Appointees “In Shock” over Accusations…

Sunday, May 12, 2002

Opinion by Consumer Advocate Tim Bolen

On May 1, 2002, the California Legislature, angered at poor performance described by consumers, ordered an “Enforcement Monitor” on the operation of the Medical Board of California. An independent contractor, hired specifically for this task, will report to higher-ups in the Department of Consumer Affairs.

The 18 appointed members of the Medical Board of California (MBC) were called into an emergency meeting Wednesday, April 24, 2002 in San Diego and asked to answer 115 questions about their “board operation” before the May 1, 2002 meeting of the State of California combined-legislative “Sunset Review” committee.

They (the appointed members) were in shock – no doubt about it. They were unable to comply with the Legislature’s demand.

Why? Because the staff, wholly responsible for the problems the “sunset” committee was investigating, had NEVER BEFORE TOLD THE APPOINTED BOARD MEMBERS ABOUT THE PROBLEMS. Although complaints had come to the staff for years – this is the first time the appointed members had heard about the problems. The board members, appointed by the Governor and the Legislature, are ultimately responsible for the staff’s actions.

The meeting, set up by the staff, was obviously a trick to soft-pedal the problems to the appointed members. The staff’s report (history of the problem) was an obvious “misdirection.”

Then, at the regular meeting of the Board on May 10, 2002 the staff presented their so-called “operation” to the Board Members. In response, the questions asked of the staff, by the Board members, weren’t friendly. It was clear the Board members didn’t like being treated like mushrooms.

Can you believe that the STAFF of the California Medical Board has never, before, felt it necessary to tell their BOSSES how they operate? How they pick their victims?

The MBC staff is in BIG TROUBLE.

It looks to me, that in California, right now, MDs that are part of the good-ole-boy network can do whatever they want without fear of MBC investigation – and I mean literally ANYTHING… But MDs that suggest an exercise program, a nutrition program, or a change of lifestyle or eating habits, are targeted with the FULL, AND UNWAVERING INTERESTS, of the MBC gun-toting investigative brigade.

The Orange County Register, California’s third largest newspaper, is running a CONSTANT investigative report on the MBC staff’s SLEAZY operation. You can read all of their articles by going to http://www.ocregister.com/features/doctors/index.shtml.

All of the problems of the MBC are the result of staff manipulations. The “decision tree” process, used to decide the fate of the 10,600 complaints received, per year, in the MBC office is CORRUPT. About 500 of these complaints per year are selected for “accusation,” and further action by representatives of the Attorney General’s office.

And that is where the problem is…

It is in the “who makes the decisions, using what guidelines” process that there is so much abuse. The factors used to determine who gets disciplined, and who doesn’t, are a well-kept secret. Absolutely BAD doctors, because of their “connections(?)” with MBC staff and so-called expert consultants, need not fear action by the MBC. In fact, it is believed that those BAD doctors may even be “leaked” information about complaints made about them to the MBC – so that their attorneys can send threatening letters to those that complained…

BUT THE STAFF’S DAYS ARE NUMBERED…

For two reasons:

(1) The “Sunset Review” committee appointed an “Enforcement Monitor,” to watch the staff on a daily basis. I know who that’s going to be, and I have their phone number, etc. It is someone whom we’ve worked with for years on this problem, already…

(2) Keep the word “indictment” in mind. I predict that the investigation by the OC Register, the San Francisco Tribune, the Legislative “sunset committee,” etc., is just the beginning. Where the real action is – is when the State Auditor takes a hard look. We are pushing very hard to see that this gets done – and we’ll be providing all the information we have – all that the staff kept us from telling the appointed members of the board about, before…

We know where the bodies are buried…

Yup – We know where the bodies are buried in Maryland, too.  The fun is just beginning.

 

Stay tuned.

Tim Bolen – Consumer Advocate