Wounded Healers NC
The Battle is
about to begin, hang tough!
Welcome!
This site is dedicated to all those abused by the Òall-powerful, irresponsibleÓ North Carolina Medical
Board (NCMB), and the North Carolina Physicians Health Program (NCPHP) for impaired practitioners. These organizations have often subjected
NCMB licensees to unwarranted discipline.
Both organizations as well as the North Carolina Medical Society (NCMS)
have been known to refuse to follow statutes, professional codes of ethics, to
provide due process or follow the legal avenues prescribed for them by
law. The FSMB or Federation of
State Medical Boards has fostered their behavior by incentivizing harsh discipline
of physicians by state medical boards.
Wounded Healers NC is a website dedicated to
North Carolina Medical Board Licensees who have been harmed by the North
Carolina Medical Board (NCMB), the North Carolina Physicians Health Plan
(NCPHP) and affected by the influence of the NCMS.
After learning of
the BoardÕs intentionÕs regarding punishment; feelings of anger, shock, denial,
disbelief and extreme anxiety are all common; weÕve been there! Blind acceptance may follow; a resignation of David fighting a Goliath with limitless
power. A review of the past decade
of disciplinary actions by the Board, as summarized below, reveals a pattern of
actions that range from negligible to extremely harsh. Research has not disclosed that anybody
has adequately taken them to task for their past
illegal actions. Collectively, we
can and will change that! Many of
us have contacted the Office of the State Auditor with our stories. This resulted in their audit of the
NCPHP being greatly expanded to include the Medical Board and the NCMS. The difference in scope of these two
issues can be likened to the size of North Carolina (as the NCPHP) compared to
the size of North America (as the NCMB)!
Research into the
subject provided incredible surprises as summarized below. The involvement of the Citizens Watch
and the FSMB in incentivizing the Board, reviewing how other state medical
boards deal with their providers has all been enlightening. The FSMB has stopped their practice of
ranking state medical boards. The
NCMB however has not changed its policies in keeping with those of the
FSMB. This needs to change. Collectively we can initiate appropriate
change. Regulation and at times
discipline have a very real place in our state. Justice should be blind however; it
should be dealt fairly to all.
This site is not
affiliated with the NCMB, NCMS or the NCPHP in any way other than being set up
by fellow victimized licensees with the hope that we may use it to support each
other in our journey toward justice.
Both the NCMB
& NCPHP have a history of abuse of the licensees of this state. Their abuse has resulted in lost
careers, suicides, broken marriages, illnesses, estranged children and
families, bankruptcies, lost homes, practices & office buildings. There has been no accountability for
their actions.
The
April 2014 report on the NCPHP released by Beth Wood and her NC Office of the
State Auditor ignores the NCMB.
It was also overly lenient on the actions of the NCPHP. ItÕs due to be repeated however in
October 2015
Commentary on deficiencies of the April 2014 NC Office of the State
Auditor Report.
The
August 2014 NCOSA report on Occupational Licensing Boards & Commissions
shows progress.
There were
important key findings;
1.
Boards
operate with ineffective oversight from state-level entities.
2.
Twenty-one
of 57 Boards (37%) did not comply with reporting deadlines set by NC General
Statutes.
3.
Six
of 57 Boards (11%) did not comply with Board member training requirements.
4.
Analysis
of Board operational and financial information identified items for further
review. These items include complaint
resolution, inspection efforts, and financial position.
Key
recommendations were made by the NCOSA;
1.
The
General Assembly should clarify which state-level entities have oversight
authority and specific responsibility for monitoring Board activities.
2.
Boards
should comply with reporting and training requirements.
3.
A
master list of occupational licensing boards should be maintained and shared
among state-level entities.
4.
Responsible
state-level entities should work with legislators and Boards to develop
meaningful financial and performance measures.
5.
State-level
entities should regularly monitor and follow-up on non-compliance and unusual
measures as necessary.
Hopefully, this
will be a precursor to a more complete evaluation of the NC Medical Board.
Practitioners
who have attempted to defend themselves pro se in front of the NCMB are
strongly urged by the staff there to obtain counsel. They are specifically steered toward
certain attorneys who work exclusively with or spend a great deal of their practice
in dealings with the NCMB. These
attorneys then charge exorbitant fees; itÕs not uncommon for fees of
>$100,000.00 to take to formal hearing a case without substantial witnesses
with minimal wrong-doing on the part of the practitioner with allegations
against them. The extremely
arbitrary nature of punishments also strongly suggests such fraud and extortion
on an institutional scale as demonstrated below. More evidence is available on request; a
decade of Board Actions has resulted in over a hundred such cases. This involves all of the attorneys on
staff at the NCMB.
Outrageous
delays in dealing with providerÕs who have had
allegations made against them are not at all unusual—they seem to be part
of the NCMB strategy to force providers to accept punitive actions.
The
NCMB has oversight and is responsible to the Joint Legislative Program
evaluation Oversight Committee a bicameral, non-standing committee composed
of the following legislators.
These type of Board issues are long-standing, spanning many
states, years and health professions.
Legal
Information and Medical Malpractice Coverage Options:
There are actually
many rights that practitioners have regarding their medical license as noted in
this section.
What can we do
next?
Although the legal
protection that practitioners are entitled to would appear to be self-evident,
both the NCMB & NCPHP violate this fundamental set of tenets. As noted above, the purpose of this site
is to educate unfairly accused NCMB licensees of their options and to expose
the prior abuses of the NCMB & NCPHP. We would greatly appreciate any
suggestions; ideas or input regarding changes that need to be made to the way
the Board is run. Currently, any
disgruntled patient can make anonymous false accusations against any
practitioner with impunity. There
need to be protections in place for us.
The authors have had to defend themselves against complaints that came
from patients that he hadnÕt even seen on the date for which their complaints
had been filed!
Hopefully, the
appropriate legislation can be changed to reflect what is currently
needed. The Board is functioning
under laws written in the 1800Õs!
If you wish to correspond directly, you are encouraged to do so; info@woundedhealersnc.net
*A Review of the Public Disciplinary Actions
of the NCMB was
undertaken:
Least Discipline; Licensee self-prescribing
and prescribing to two family members without maintaining adequate records and
receives a public letter of concern
Most Discipline; Licensee wrote Ambien/sleeping pill for wife &
took it himself—was out of work for 3 years. Honorable mention; Physician falls in
love with a former patient whoÕs wife had died, they marry, sheÕs forced to
surrender her license. Seven years
later sheÕs given a provisional license stating she can no longer practice Psychiatry.
Combined
Boundary and Substance-Abuse Issues;
Least Discipline; A
practitioner had an affair with patient and patientÕs spouse, moved in with
them and prescribed them controlled substances until the NCMB forced her to
vacate their home. She received a
consent order/reprimand/120 day suspension immediately stayed. Another prescribing controlled substances
to family members who diverted some of them to him received a Public Letter of
Concern
Most Discipline; Indefinite
suspension in 2011, has never returned to work after prescribing drugs to
friends and family, then taking some of the drugs for his own use
Least Discipline; Practicing 11 years without a license results in a reprimand
Most Discipline; Practitioner
with no complaints in 40 years is rude to a family at SamÕs Club, refuses to
answer NCMB investigator as it didnÕt involve his practice. Indefinitely suspended then retired
Least Discipline; Licensee
who appears incompetent is warned in 2008, no improvement, by 2012 receives a
non-disciplinary consent order and is ordered to have a professional assessment
of skills
Most Discipline; Licensee employed by a clinic
supervising mid-levels who are following company protocols in another location,
is unaware that a midlevel made some errors and has his license suspended for a
year, stayed all but 30 days.
Least Discipline; ÒBill KÓ
self-referred to NCPHP with active alcohol problems, NCMB unaware of him since
he self-referred, in 4 months heÕs back at work seeing patients. Anybody who goes through the NCMB gets
1-2 years minimum out of practice; NCPHP advice is ignored
by NCMB attorneys (who thus practice medicine without a license)!
Most Discipline; Numerous
licensees who have self-referred for alcoholism, gotten sober, declared on
renewal of license that they are sober only to have the Board intervene and
take them out of practice completely for 2-4 years DESPITE THEIR CONTINUED
& DOCUMENTED SOBRIETY!
*These
reviews included the largest number of cases, recording episodes of arbitrary
disciplinary actions ranging from very lenient to very harsh actions. For the sake of convenience and
understanding, actions were broken down into the various categories as noted
above.
It
should also be noted, that while the NCMB is quite harsh in its dealings with
licensees; they have no responsibility when they make mistakes! There is obviously a very arbitrary
range of disciplinary actions meted out for similar transgressions. Also of great importance, numerous
licensees who have had allegations of substance abuse and other issues are not
referred to the NCPHP, which is exactly what they are responsible for
doing! The NCMB is all-powerful and
irresponsible in many ways!j
Untimely
Deaths Associated with NCMB Actions:
At
first glance, it may seem difficult to envision a health care provider
committing suicide over an issue with a regulatory body. When consideration is given to the
absolute lack of basic civil & constitutional rights including due process
however, it begins to make sense.
Add to that the humiliation, financial and other forms of devastation,
the fact that NOBODY believes that such action is possible in the absence of
serious wrongdoing, reviewing again that hundreds of thousands of dollars can
be fruitlessly thrown away on legal fees with attorneys in collusion with the
NCMB. Suddenly, itÕs not so
far-fetched.
None of
these untimely deaths included practitioners who were in the NCMS; our prayers
go out to them and their families.
8/2006 Patient ÒAÓ chest pain, PA
examined patient, revealed anxiety, elevated diastolic, heart rate irregular,
new murmur, EKG appeared normal, GI medication prescribed, 8/8/06 F/U exam by
PA with hypertension and abdominal tenderness, 3 hours later spouse spoke to PA
due to continued pain. PA intended
to call in pain medications, patient died the next day of MI. Concern from NCMB Re; inadequate
supervision
4/7/11 Public
Letter of Concern; Galveston Hotel suicide; found 8/24/11. The information above came from the NCMB
website. As with all of the NCMB
website material, especially Consent Orders, the truth in the above story must
be seriously questioned.
Dr. Kotzen was an older gentleman, a neurosurgeon with chronic
medical issues. He refused to take
any of his chronic medications during the BoardÕs protracted course of action
according to his widow who attributes his death to the NCMB.
Professor Pediatrics UNC Suicide @ 71 yo
2/2011
2009
Consent Order; Permanent inactive status. Chapel Hill treated patients ÒAÓ-ÒEÓ from 1987-2006 for a
variety of conditions including learning and developmental difficulties. These were all pediatric patients at the
time in NC. He conducted genital
examinations outside of the presence of a chaperone, parent, or guardian. These were neither documented nor
medically indicated. Physician
states that such examinations can reveal medical information.
It
should be noted that genital examinations are essential in developing children,
especially those with developmental disorders and that they are often done
without chaperones, especially during the earlier phases of his career. He had been subjected to intense media
scrutiny according to his widow, went into the backyard and never came back.
Martha
Miles MD (Reviewed
death with husband who prefers anonymity)
Dr.
Miles was a fifty one year old physician who died after signing a consent order
for an indefinite suspension by the NCMB after she was caught prescribing
medications to family members and other prescriptions in what the NCMB thought
was an Òinappropriate mannerÓ.
It
should be noted that in the practice of medicine, it is not uncommon for
physicians to take different approaches to therapy. The Board can use different
ÒreviewersÓ until they receive the report that they are looking for regarding
an individual physician.
Brian Scott
Robbins MD Obituary
2009 Suicide 33 year
old.
4/3/09
ran into interstate traffic the next day in front of a large truck, which he
didnÕt try to avoid, so that it hit and killed him.
*The
deaths above are deaths of physicians.
There have been psychiatrists who have been taken out of practice by the
NCMB who have then lost patients due to suicides of those patients. When a psychiatric patient develops
trust and rapport with their doctor/psychiatrist, itÕs a very sacred bond. Doctors are NOT replaceable ÒmodulesÓ
that can be Òswapped outÓ at will without further consequence.
Unfortunately,
there is no way to know how many other suicides and deaths have cascaded from
the actions of the NCMB.
What a shameful
irony that the NCMB, whose mission statement is to protect the citizens of
North Carolina and itÕs legal department have been responsible for more deaths
of the general populace in North Carolina than the allegedly ÒimpairedÓ
physicians—none of whom were responsible for a death, much less a bad patient
outcome!
Role of the NCPHP and the
Epidemic of Physician Suicides;
The
North Carolina Physicians Health Program is allegedly to be an advocate for
physicians. Although the audit
showed numerous deficiencies, the NCPHP still refuses to perform their function. Numerous cases each year occur in which
physicians identified by the NCMB sign ÒConsent OrdersÓ regarding substance
abuse/mental health issues.
Frequently these physicians are not referred to the NCPHP in violation
of North Carolina General Statutes ¤ 90-14. Disciplinary Authority
(b); The Board shall refer to the North Carolina
Physicians Health Program all licensees whose health and effectiveness have
been significantly impaired by alcohol, drug addiction or mental illness. Both the NCMB & NCPHP are
responsible for this oversight.
When physicians ARE referred to the NCPHP however, their nightmare is
far from over. The dirty little
secret is that the most common ÒadvocacyÓ of the NCPHP is to tell the targeted
physician to Òjust do as youÕre toldÓ.
Many physicians are coerced into signing one-sided ÒcontractsÓ whereby
the physician meets every criteria only to be denied
any form of advocacy other than the above.
This is professional misconduct at itÕs highest
form! The physicians in the NCPHP
are derelict in their duty to assist and advocate. Instead, they collude with the attorneys
of the Board in conspiracy after conspiracy against each targeted
physician.
Lack of referral to the
NCPHP probably has a perversely protective affect however. Physician
suicides are a major problem among those with Medical Board & PHP issues
across the US. ItÕs a carefully
hidden epidemic. More and more physicians are recognizing
the damages done by the current state of PHP's. Others are creating the means for
physicians to reach out to one another to prevent suicides often triggered by
these powerful entities. One
can only wonder how much more physician blood must be spilled in this state
before the authorities step in to stop the slaughter and loss of professional
talent.
There seems to be
a Òsea changeÓ in terms of the attitude of the profession as to the function,
efficacy & integrity of PHPÕs in general.
As bad as things are with
the NCPHP, one can take little comfort with the realization that PHP's across the US are corrupt,
physicians lives are being ruined and lost on a disturbingly
"routine" basis.
ItÕs notable that
in September 2015 there articles with a plethora of comments that were highly
critical and disparaging against US PHPÕs in general that appeared on www.Medscape.com , www.disruptedphysician.com , &
www.kevinmd.com .
Overview
of the Parties Involved:
The unholy
alliance of the NCMB, NCPHP & NCMS needs to be changed for the better