Violations of Federal Statutes including basic Bill of Rights and Constitutional Amendments:

We’ve documented various violations of North Carolina’s General Statutes by the NCMB.  The next topic to review involves violations of Federal Statutes including our basic Bill of Rights and Constitutional Amendments.  The NCMB and its associates have an unfortunately long history of civil rights violations.

 

The first 10 amendments of the US Constitution are known as the Bill of Rights.  Even the most basic rights of citizens are violated by the NCMB and the NCPHP with the tacit agreement of the NC Medical Society, which chooses to withhold comment on the atrocities committed by its associates.

1. Amendment 4 - Search and Seizure. Ratified 12/15/1791.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

-A medical license is property.  The license belongs to the holder of that license.  Seizure of a medical license requires due process, which is frequently denied to the targets of the NCMB.

 

2. Amendment 5 - Trial and Punishment, Compensation for Takings. Ratified 12/15/1791.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

North Carolina General Statutes also require due process.  Disciplinary hearings before the NCMB are a sham designed to give the appearance of due process.

-Partiality is not to be expected in any hearing, quasi-governmental or otherwise.  When the prosecuting attorneys have taken the opportunity to brief the hearing panel prior to a hearing occurring, a mistrial would be declared in any civil or criminal proceeding.  This does not occur with the hearings held by the NCMB. 

The Constitution states only one command twice. The Fifth Amendment says to the federal government that no one shall be "deprived of life, liberty or property without due process of law." The Fourteenth Amendment, ratified in 1868, uses the same eleven words, called the Due Process Clause, to describe a legal obligation of all states. These words have as their central promise an assurance that all levels of American government must operate within the law ("legality") and provide fair procedures. 

-“Consent Orders” with fictitious “Findings of Fact” written to justify the disciplinary measures meted out at the whim of the attorney who wrote up the documents are used with coercion to force the licensee to sign under duress, so that the licensee can return to practice and not be held indefinitely out of practice by the “legal process” of the NCMB.

-Walking into a formal disciplinary hearing in the NCMB chambers as the disciplinary panel members scowl and glare at the accused.  Clearly, when a panel has been prejudiced prior to the start of the proceedings, due process is NOT at work!  Allowing any proceedings to continue under these conditions is a flagrant violation of any law.  Unfortunately it has been reported by to many licensees.

-During disciplinary hearings, bringing up issues that had been previously investigated and decided by the NCMB that no wrong had been committed.  This is the double-jeopardy in which a licensee faces reprimand, is investigated, cleared, then re-investigated and tried at a later date.

-To our knowledge, at least one practitioner raised many valid complaints with his attorney after his “formal disciplinary hearing” by the NCMB.

There are very specific requirements for due process; mere “lip service” will not suffice regarding the matter.

3. Amendment 6 - Right to Speedy Trial, Confrontation of Witnesses. Ratified 12/15/1791.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

-Furthermore, when a state statute mandates a time frame for charges to be placed and a hearing date announced, this is a double-violation of this basic legal concept.

 

4. Amendment 8 - Cruel and Unusual Punishment. Ratified 12/15/1791.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

-I will submit that withholding of a medical license, the means to livelihood and valuable property for excessive periods of time despite the absence of evidence to mandate such behavior by any state agency is cruel and unusual.  This is especially so when it can be documented to occur on a regular basis as if it were a matter of official organizational policy.

 

5. Amendment 10 - Powers of the States and People. Ratified 12/15/1791. Note

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

-When the State fails to provide oversight of it’s agencies, despite notification of these failings going to multiple state agencies that are charged with providing oversight to the entities involved. 

-Finally, in a last bid for assistance and after finding compelling evidence of violations of the Racketeer Influenced & Corrupt Organizations act (RICO) (Conspiracy, Conduct, Control & Investment) NC State officers have been notified and have repeatedly ignored these notifications.

6. Amendment 11 - Judicial Limits Ratified 2/7/1794

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

-States can be sued for violating Federal Laws

 

7. Amendment 14 - Citizenship Rights Ratified 7/9/1868

A. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

B. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

C. No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

D. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

E. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

Other Federal Statutory Violations Include;

1.     The Americans with Disabilities Act, which is most often involved in the following two ways;

a.     Ignoring disabilities among providers, choosing punitive rather than accommodative measures to deal with any limitations posed by the disability in violation of Federal Law.

b.     When are drug used covered under the ADA?  The ADA provides that any employee or job applicant who is “currently engaging” in the illegal use of drugs is not a “qualified individual with a disability.”[6]Therefore, an employee who illegally uses drugs—whether the employee is a casual user or an addict—is not protected by the ADA if the employer acts on the basis of the illegal drug use.[7] As a result, an employer does not violate the ADA by uniformly enforcing its rules prohibiting employees from illegally using drugs.[8] However, “qualified individuals” under the ADA include those individuals:

                                               i.     who have been successfully rehabilitated and who are no longer engaged in the illegal use of drugs;[9]

                                             ii.     who are currently participating in a rehabilitation program and are no longer engaging in the illegal use of drugs;[10] and

                                            iii.     who are regarded, erroneously, as illegally using drugs.[11]

                                            iv.     A former drug addict may be protected under the ADA because the addiction may be considered a substantially limiting impairment.[12] 

1.     The Legal Action Center is a non-profit advocacy group whose sole mission is to fight discrimination against people with histories of addiction, HIV/AIDS or criminal records and to advocate for sound public policies in these areas.  The organization was formed in the 1970’s.  They have successfully aided hundred of thousands of people with employment and other problems in their lives

2.     The legal profession has been very proactive in their dealings with disabled attorneys, it's a shame that physicians organizations are well behind that profession!

c.     Typical Mental Health Diagnosis (DSM-V) are listed with their corresponding ICD-9 and ICD-10 Codes.  Unfortunately “boundary issues” are not listed as a diagnosis and thus cannot be used as a defense against these allegations.

2.     HIPAA Violations; including publishing protected health information without authorization and consent, including use of coercion and duress.

a.     There are specific allowances for release of HIPAA PHI; the NCMB/NCPHP/NCMS have not complied with the standard.

b.     This is an especially sensitive area; as noted above, addiction IS a disease.

3.     What would constitute a civil rights violation? 

a.     Any mention in a consent order or any other posting by the Board about an accused licensee that mentions any form of potential mental health disorder including various addictions for which there is a DSM, ICD9 or ICD10 code is a HIPAA violation of Protected Health Information (PHI). 

b.     HIPAA violations are routinely committed by the NCMB & allowed by the NCPHP; technically the NCMS is also implicated as the three agencies are all intertwined.  

c.     HIPAA violations of HIV status or mental health disorders, including addiction/substance abuse posted in consent orders or records of a hearing or complaint are violations of the licensees civil rights.   These require a second-level release for this PHI.

d.     Failure to accommodate any form of disability and use of punitive measures are another form of violation

e.     Licensees with disabilities have been known to be punished instead of accommodated in violation of the Americans with Disabilities Act (ADA).

f.      In theory, mention that a physician was intoxicated on occasion in a complaint wouldn’t be a violation.  Any notation that the licensee “is unable to practice medicine due to substance abuse” would be a violation by listing a mental health disorder in a public document without the physicians express written, signed consent.

4.     HIIPAA violations carry a penalty of $100/violation with an annual maximum of $25,000 for repeat violations as a minimum penalty with a maximum of $1.500,000 as an annual maximum

a.     Note that this is an annual maximum.  The NCMB has been engaging in this as a routine policy for years!

 

Victims of Civil Rights Abuses:

With the NCMB as the lead, the NCMS & NCPHP keep silent.  This provides their illicit implicit consent during the routine abuses of HIPAA regulations regarding Protected Health Information (PHI) by the NCMB, thus placing them under the same guilt.  Remember that Chapter 90 of the North Carolina General Statutes irrevocably binds them together.

 

Consent orders are done with a great deal of coercion and under duress.

Contracts of any sort made under these conditions are inherently voidable;

Contracts can become voidable due to:

Mistake. A contract can be canceled on the grounds of a mutual mistake of fact. But remember, failure to read the contract doesn't make a contract voidable.

Lack of capacity. A person must have the legal ability to form a contract in the first place. A person who is unable, due to intoxication or mental impairment, to understand what she is doing when she signs a contract may lack capacity to enter into a contract.

Coercion, undue influence, misrepresentation and fraud. Getting consent for a contract in a number of shady ways can make a contract voidable. Contracts entered into based on coercion, threats, false statements, or the party who was the victim of the unfairness can void improper persuasion.

This is especially problematic while considering that the legal department for the NCMB writes fictitious reports that “justify” anything that they want their victim to endure.

Their “Findings of Fact” are purely "Findings of Fiction"! 

Their documents are largely libelous with the intention of harming their victim for the remainder of their professional career, often leaving their victim unemployable.

 

http://wwwapps.ncmedboard.org/Clients/NCBOM/Public/LicenseeInformationSearch.aspx