Here is the letter mailed to Oregon Representative Peter DeFazio and Senators Merkley and Wyden in July 2016. Below the letter are the attachments noted in the letter.
Eric Dover, MD, CTTH
1615 Cloverleaf Rd.
Lake Oswego, OR 97034
971-207-5738
[email protected]
Dear Representative Peter DeFazio,
Roy Blackburn, M.D. spoke with one of your aides recently regarding problems he’s had with the Oregon Medical Board (OMB) for three years. Dr. Blackburn was asked by your aide if his was an isolated case or if this was a widespread problem. Dr. Blackburn related that this was indeed a pervasive problem in Oregon. I can attest that this is not just a grave, widespread Oregon problem, but a national disaster.
Dr. Blackburn asked if I would send you information that would demonstrate the widespread terror, destruction and harassment physicians and other healthcare providers are experiencing at the hands of Oregon healthcare boards. Any healthcare provider who dares step outside the medical practice parameters “allowed” by their medical board is targeted. Any healthcare provider who stands up for their innocence or constitutional rights is removed from the practice of medicine forever. Any physician who represents competition, or is disliked for whatever reason, is removed from the practice of medicine forever via anonymous complaints and Constitutional violations.
First I submit for your investigation two websites which detail OMB abuses. One site is Dr. David Ogle’s and the other is mine. Both sites document how we suffered at the hands of OMB Executive Director Kathleen Haley, multiple OMB Medical Directors, Oregon Assistant Attorney General Warren Foote and OMB members. These two sites detail the criminality and unconstitutionality of the entire OMB process and include State and Federal Court documents. My site goes into marked detail.
Even more frightening is the documented absolute lack of political will to investigate the OMB and AAG Warren Foote. Knowing this, the OMB and Warren Foote continue unabated, unchecked and unsupervised by anyone in their march of destruction and criminality that they visit upon physicians and other healthcare professionals. They operate with complete and absolute impunity.
Both Dr. Ogle and I took our cases as far as the Ninth Circuit Court of Appeals. The Federal Courts granted all OMB related perpetrators absolute immunity for their unconstitutional and criminal behaviors. I honestly doubt that the Federal Courts even read my Federal Complaint or Brief and associated evidence. Drs. Ralph Read and Susan Haney have also recently been to the Ninth Circuit Court of Appeals with the same outcome – immunity for all OMB players and Warren Foote, even in the face of thoroughly documented, horrific Constitutional violations. Not one of these cases were allowed to be presented in a Federal Court. There will never be a case heard in any Federal or State Court, because physicians have no rights in this country - and the judges work in coordination with State government who appointed many of them.
The websites:
drdovervsomb.weebly.com
drogle.weebly.com
There are numerous healthcare professionals from Oregon, and other States, who’d love the opportunity to speak to you and express their concerns and devastation. None of these individuals are criminals. All of them are extremely bright, moral and caring healthcare professionals who have very legitimate concerns and complaints regarding their State Medical Board’s criminal and Constitutional violations. They have all lost faith in their government and especially the courts. These professionals wonder if the government will ever protect them and their God given rights, privileges and liberties.
Many Oregon healthcare providers don’t feel they are in a position to speak up about healthcare board abuses they have suffered. They are concerned about retaliation from their respective healthcare boards. It is well known that if OMB licensees speak out, the OMB will target them for further psychological and financial retaliation. (see Attachment #1 – Affidavit of Physician Threatened by the OMB). The OMB keeps its licensees controlled via intimidation and the threat of license revocation. Anyone who speaks up for themselves, others or questions the fairness, constitutionality, or legality of the system, such as I did, is immediately targeted for removal from Medicine - forever. Contact me if you desire to speak with healthcare professionals who can provide you additional information about their healthcare board’s abuses. Of note, the common thread in all of Oregon’s healthcare board’s criminal and unconstitutional abuses is AAG Warren Foote.
I encourage you to speak with lawyers who represent physicians and other healthcare professionals. Get their opinion of how the healthcare board systems work, in particular the OMB. Ask them about the fairness, competence and constitutionality of the process. Ask them what they think of AAG Warren Foote. I am happy to provide you with a list of such attorneys, none of whom I know at any business or social level. Then again, they may be reluctant to speak with you because of fear of retaliation from the state and the likes of individuals like AAG Warren Foote. These lawyers have licenses at stake also. See how the system of oppression works here in Oregon?
Speak with State Senators and Representatives regarding their concerns with the OMB. In particular speak with:
Representative Mitch Greenlick Democrat - District 33 - Portland. Capitol Phone: 503-986-1433 District Phone: 503-297-2416
Senator Doug Whitsett Republican - District 28 - Klamath Falls Capitol Phone: 503-986-1728 District Phone: 541-891-6109
Senator Elizabeth Steiner - Hayward Democrat - District 17 - NW Portland/Beaverton Capitol Phone: 503-986-1717, District Phone: 503-547-3543
Senator Alan Bates Democrat - District 3 – Medford Capitol Phone: 503-986-1703 District Phone: 541-864-0990
Senators/Drs. Bates and Steiner–Hayward addressed the OMB publicly in October 2012. They both expressed a number of extremely worrisome concerns regarding the OMB’s treatment of its licensees. The OMB immediately went on the defense after hearing these concerns. They just weren’t open to hearing criticisms or concerns regarding their work at any level. The transcript and audio of the meeting are available at my website drdovervsomb.weebly.com under the page (tab) labeled “Senators Address OMB”, or just the audio at the YouTube address:
Part 1 - www.youtube.com/watch?v=N5p-YVF_WKw
Part 2 - www.youtube.com/watch?v=4l_oUwSfnek
In particular, read these State Senator’s words where they first address the OMB. You get a focused glimpse as to why they are concerned enough to address the OMB in the first place. Yet even these State Senators are fearful of the OMB. The OMB has power over these State Senator’s medical licenses and therefore their livelihood. These two Senator physicians are quite aware of what the OMB is capable of with their federally sanctioned absolute immunity as a result of the HCQIA of 1986. They understand, after hearing from numerous physicians and other healthcare professionals destroyed in Oregon, that they, even as State Senators, can be destroyed quite easily by these monsters.
The typical healthcare provider and their family, destroyed by their healthcare board (in particular the OMB), ends up on food stamps, the Oregon Health Plan and even public housing. They and their family’s lives, hopes and dreams are destroyed.
Healthcare professionals are disgraced publicly and destroyed psychologically by healthcare boards that singularly dictate the narrative to the public and press. In Oregon, every case has Mr. Warren Foote’s sinister hand involved.
Patients suffer significantly upon suddenly losing their healthcare provider. There is already a physician shortage – especially in rural areas.
State and Federal governments suffer tax revenue losses at multiple levels with the destruction of these high end wage earners. Communities suffer from both financial and professional losses.
There are approximately 400 physician suicides per year, the majority of which are the result of having suffered medical board abuses. Pamela Wible, M.D. is the leading expert of this epidemic and she resides in Oregon. Her website address is:
www.idealmedicalcare.org/blog/
I was contacted two months ago by a woman who formerly resided in Oregon. She is presently seeking political asylum because she’s been medically blacklisted in the U.S. as a result of a number of Oregon physicians, the Peace Health Medical system, OHSU, MODA and OMB collusion. Until a decision is made on her political asylum, which is just a couple of weeks away, she is reluctant to give out too much information about herself. She stated she had previously been in contact with your office regarding her situation and disability. What I have seen of her records to date is devastating, amoral and criminal. There will be huge repercussions as a result, especially in Oregon. The OMB is deeply involved in this conspiracy and cover up.
What this woman’s situation reveals and illustrates is that the OMB is not truly concerned about public safety or bad doctors. What they are concerned about is protecting their friends and colleagues from patient complaints, malpractice suits, mistakes, criminal behaviors or competition from other physicians in their community.
The OMB demands and enforces that no other medical treatment be offered to patients other than what they choose to be appropriate and that varies as needed on a case by case basis. This is well illustrated on my website drdovervsomb.weebly.com under the page (tab) titled “OMB Inconsistency”. In two separate physician cases there was OMB concerns regarding the evaluation and treatment of gout. Strangely, the OMB documents show that they have a 180 degree take on the same problem. There is purposely no consistency at the OMB; and with absolute immunity being legally given to these bureaucrats it doesn’t matter to them. Simply it’s what works for them in each individual case; whatever gets the OMB to their predetermined decision.
The OMB’s unconstitutional and criminal peer review antics are protected by the HealthCare Quality Information Act of 1986 (HCQIA). HCQIA applies to any healthcare peer reviewed venue. Examples would be hospital, medical board, insurance company or medical association peer review members. All individuals involved with peer review are given absolute immunity by HCQIA of 1986. The criminal and totalitarian control of licensees by the OMB and AAG Warren Foote is easily illustrated by Dr. Roy Blackburn’s case. Dr. Blackburn had his license restricted regarding the prescribing of opiates. He supposedly broke a law, but the OMB won’t say which one. They won’t tell Dr. Blackburn, his lawyer, nor Dr. Jane Orient of the Association of American Physicians and Surgeons (AAPS). Dr. Orient flew from Arizona to meet with OMB Executive Director Kathleen Haley in Portland, Oregon on Dr. Blackburn’s behalf. Dr. Orient directly questioned Ms. Haley regarding which law was supposedly broken by Dr. Blackburn, but Ms. Haley has refused to provide this information to anyone that could help Dr. Blackburn absolve himself of his charges. His charges amount to nothing more than a bill of attainder. (see Attachment #2 – Letter from Jane Orient, MD of AAPS).
The person or entity that supposedly lodged a complaint against Dr. Blackburn with the OMB has been given complete anonymity. The reason(s) behind the complaint is (are) anonymous. Specifics surrounding the complaint have been withheld from Dr. Blackburn and his legal representatives. They are not allowed Discovery. This is standard operating procedure for the OMB and other Oregon healthcare boards. Again, all Oregon healthcare boards are overseen by AAG Warren Foote who acts as “legal counsel” for each one.
The opiate prescribing restriction puts Dr. Blackburn’s name on the National Practitioner Data Bank (NPDB) which came into existence with the signing of the HCQIA of 1986. He’ll never be able to remove his name nor his supposed “offense” from that computer system. There is no expungement process. Therefore, Dr. Blackburn can’t get a medically related job, contract with health insurance carriers, purchase malpractice insurance or get hospital privileges; yet he still has a license restricted only for opiate prescribing. His career is over, even if the medical board lifts the opiate prescribing restriction in the future, because he is now forever blacklisted. I have many examples of this blacklisting and it’s destruction to healthcare providers.
In contrast, Dr. Keith White out of Monmouth/Independence, Oregon had complaint(s) regarding opiate prescribing in 2013. Details are sparse, but here is what we do know. Dr. White was a physician member of the OMB. After the complaint, and during the “investigation”, he couldn’t take on any new chronic pain patients and he was removed from the OMB. Then Dr. White’s license was suddenly unencumbered. The OMB only issued him a “Corrective Action” which means his name is never sent to the NPDB, his career goes on and the details of what actually occurred regarding his case are never known. Obviously it helps to be on the inside or know someone who is. Dr. Blackburn didn’t have those connections. Why should you have to have connections to get fairness, truth and empathy?
The OMB has a need to “cannibalize” a small number of its licensees every year. First, the OMB finances itself with licensing fees and FINES. The OMB can’t survive financially with fees alone, therefore they need to exact (extort) fines from licensees.
Second, medical boards are being pressured to discipline more physicians. Public Citizen, and Dr. Sydney Wolfe who works with them, have vocally demanded more physician disciplines for decades and the press acts as their echo chamber. In this environment the OMB is “inclined” to discipline some physicians and healthcare providers to meet these “quotas”. The OMB frequently goes after easy prey - independent, solo practitioners, especially those which incorporate Traditional or Alternative Medicine practices that are outside the Board’s self determined algorithms (remember, these “algorithms” are extremely flexible when it suits the OMB’s needs). OMB algorithms, or guidelines, are not mandates, regulations or law but supposedly just recommendations.
The legal system enables medical boards, hospitals, clinics, etc. to go after providers they don’t “like” and gives them the tools and loopholes to protect their misdeeds. With the HCQIA of 1986 giving absolute immunity protection to all those involved in health care peer review, it makes it a slam dunk to achieve any of the above. What a great way to go after your competition and those you dislike for whatever reason. Think about it. It happens routinely and it’s been going on for decades destroying physicians, their families and patients and limiting community’s healthcare options. “Nonconformist” healthcare providers, who are typically extremely bright medical pioneers, are a common target of medical boards.
In January 2016 there was an updated version of the book: “Risk Management, Liability Insurance, and Asset Protection Strategies for Doctors and Advisors: Best Practices from Leading Consultants and Certified Medical Planners™”. Here is a link to the book:
www.crcpress.com/Risk-Management-Liability-Insurance-and-Asset-Protection-Strategies-for/Marcinko-Hetico/p/book/9781498725989
I was asked to write a chapter for the updated 2016 edition on a subject that had never prior been included in the book. See Attachment #3 – Book Chapter titled:
Functioning as a Physician in a Regulatory Environment
[Controlled by Medical Boards and the Medical Industrial Complex]
This chapter gives immense insight into how healthcare professionals are being targeted by medical boards and the Healthcare Industrial Complex in general. Pay special attention to the chapter’s discussion of the HCQIA of 1986, especially its history which originates in Astoria, Oregon.
There was an Oregon State Audit of the OMB in 1996. (see Attachment #4 – 1996 OMB State Audit). It showed significant deficiencies at the OMB, especially in regards to the investigative process. The audit simply scratched the surface of the OMB’s sloppy and criminal work because it was basically controlled by the OMB. The auditors only spoke with the OMB. They did not speak with anyone else or address the harm the OMB’s illegal actions were having on numerous physicians, families, patients and communities.
A subsequent audit of the OMB was done in 2006. This audit was performed by a private CPA group that the OMB personally solicited, hired, and paid for their services. (see Attachment #5 – 2006 OMB Private CPA Audit). As you might imagine this was a softball audit entirely controlled by the OMB. Still, the OMB controlled auditors found problems regarding OMB investigations – though I suspect they were greatly watered down.
Two audits of the OMB, both of which document and detail serious problems and concerns within this government agency, and no one in Oregon government will investigate. No State audit of the OMB has been performed over the last 20 years to determine if the OMB has solved its deficiencies. There has been no acknowledgement, apology or repair for the destruction done to physicians by the OMB as a result of their haphazard investigations. Decades of physician destruction and torture at the hands of medical boards across this country and no one cares. The folks that care for you and no one cares about them.
The audit of the OMB that needs to happen is one done by a private institution that is completely independent of Oregon State government and the OMB, and preferably far from Oregon. The audit should include extensive interviews with Oregon State Representatives and Senators familiar with the issue, affected patients, physicians and their families who have had personal interactions with the OMB and lawyers representing physicians in front of the OMB. I have absolutely no doubt that what will be found is much worse and significantly more extensive than what the two previous “biased” audits found 10 and 20 years ago. Those two audits only scratched the surface of the festering OMB abscess.
It seems we live in a totalitarian country. The Administrative Law Courts, where physician/healthcare provider “hearings” are held, are devoid of any semblance of constitutionality or due process. Oregon healthcare professional hearings may have an Administrative Law Judge (ALJ) present, but AAG Warren Foote runs the show. Mr. Foote even holds ex parte meetings with at least one ALJ – Judge Rick Barber. (see Exhibits #6, #7, #8, #9, #10 and #11 - Complaints to Oregon State Bar, two of which complain of AAG Foote and ALJ Barber meeting ex parte).
The Administrative Law hearings are nothing but window dressing to give the facade of justice. It doesn’t even matter what the Administrative Law Judge’s decision is because the OMB has all final decision making power regarding the outcome of a licensee’s case and hearing. In other words, the ALJ’s decision, good, bad or indifferent, has no bearing on the OMB’s decision.
I, along with others, am seeking Civil Rights protection for all licensed professionals. This could easily be accomplished by modifying the current Federal Civil Rights laws. Otherwise, licensed healthcare professionals will continue to live in fear as they attempt to exist in the totalitarian, unconstitutional and bureaucratic healthcare milieu that only Franz Kafka or Lewis Carroll could imagine.
Respectfully.
Eric Dover, MD, CTTH
Eric Dover, MD, CTTH
1615 Cloverleaf Rd.
Lake Oswego, OR 97034
971-207-5738
[email protected]
Dear Representative Peter DeFazio,
Roy Blackburn, M.D. spoke with one of your aides recently regarding problems he’s had with the Oregon Medical Board (OMB) for three years. Dr. Blackburn was asked by your aide if his was an isolated case or if this was a widespread problem. Dr. Blackburn related that this was indeed a pervasive problem in Oregon. I can attest that this is not just a grave, widespread Oregon problem, but a national disaster.
Dr. Blackburn asked if I would send you information that would demonstrate the widespread terror, destruction and harassment physicians and other healthcare providers are experiencing at the hands of Oregon healthcare boards. Any healthcare provider who dares step outside the medical practice parameters “allowed” by their medical board is targeted. Any healthcare provider who stands up for their innocence or constitutional rights is removed from the practice of medicine forever. Any physician who represents competition, or is disliked for whatever reason, is removed from the practice of medicine forever via anonymous complaints and Constitutional violations.
First I submit for your investigation two websites which detail OMB abuses. One site is Dr. David Ogle’s and the other is mine. Both sites document how we suffered at the hands of OMB Executive Director Kathleen Haley, multiple OMB Medical Directors, Oregon Assistant Attorney General Warren Foote and OMB members. These two sites detail the criminality and unconstitutionality of the entire OMB process and include State and Federal Court documents. My site goes into marked detail.
Even more frightening is the documented absolute lack of political will to investigate the OMB and AAG Warren Foote. Knowing this, the OMB and Warren Foote continue unabated, unchecked and unsupervised by anyone in their march of destruction and criminality that they visit upon physicians and other healthcare professionals. They operate with complete and absolute impunity.
Both Dr. Ogle and I took our cases as far as the Ninth Circuit Court of Appeals. The Federal Courts granted all OMB related perpetrators absolute immunity for their unconstitutional and criminal behaviors. I honestly doubt that the Federal Courts even read my Federal Complaint or Brief and associated evidence. Drs. Ralph Read and Susan Haney have also recently been to the Ninth Circuit Court of Appeals with the same outcome – immunity for all OMB players and Warren Foote, even in the face of thoroughly documented, horrific Constitutional violations. Not one of these cases were allowed to be presented in a Federal Court. There will never be a case heard in any Federal or State Court, because physicians have no rights in this country - and the judges work in coordination with State government who appointed many of them.
The websites:
drdovervsomb.weebly.com
drogle.weebly.com
There are numerous healthcare professionals from Oregon, and other States, who’d love the opportunity to speak to you and express their concerns and devastation. None of these individuals are criminals. All of them are extremely bright, moral and caring healthcare professionals who have very legitimate concerns and complaints regarding their State Medical Board’s criminal and Constitutional violations. They have all lost faith in their government and especially the courts. These professionals wonder if the government will ever protect them and their God given rights, privileges and liberties.
Many Oregon healthcare providers don’t feel they are in a position to speak up about healthcare board abuses they have suffered. They are concerned about retaliation from their respective healthcare boards. It is well known that if OMB licensees speak out, the OMB will target them for further psychological and financial retaliation. (see Attachment #1 – Affidavit of Physician Threatened by the OMB). The OMB keeps its licensees controlled via intimidation and the threat of license revocation. Anyone who speaks up for themselves, others or questions the fairness, constitutionality, or legality of the system, such as I did, is immediately targeted for removal from Medicine - forever. Contact me if you desire to speak with healthcare professionals who can provide you additional information about their healthcare board’s abuses. Of note, the common thread in all of Oregon’s healthcare board’s criminal and unconstitutional abuses is AAG Warren Foote.
I encourage you to speak with lawyers who represent physicians and other healthcare professionals. Get their opinion of how the healthcare board systems work, in particular the OMB. Ask them about the fairness, competence and constitutionality of the process. Ask them what they think of AAG Warren Foote. I am happy to provide you with a list of such attorneys, none of whom I know at any business or social level. Then again, they may be reluctant to speak with you because of fear of retaliation from the state and the likes of individuals like AAG Warren Foote. These lawyers have licenses at stake also. See how the system of oppression works here in Oregon?
Speak with State Senators and Representatives regarding their concerns with the OMB. In particular speak with:
Representative Mitch Greenlick Democrat - District 33 - Portland. Capitol Phone: 503-986-1433 District Phone: 503-297-2416
Senator Doug Whitsett Republican - District 28 - Klamath Falls Capitol Phone: 503-986-1728 District Phone: 541-891-6109
Senator Elizabeth Steiner - Hayward Democrat - District 17 - NW Portland/Beaverton Capitol Phone: 503-986-1717, District Phone: 503-547-3543
Senator Alan Bates Democrat - District 3 – Medford Capitol Phone: 503-986-1703 District Phone: 541-864-0990
Senators/Drs. Bates and Steiner–Hayward addressed the OMB publicly in October 2012. They both expressed a number of extremely worrisome concerns regarding the OMB’s treatment of its licensees. The OMB immediately went on the defense after hearing these concerns. They just weren’t open to hearing criticisms or concerns regarding their work at any level. The transcript and audio of the meeting are available at my website drdovervsomb.weebly.com under the page (tab) labeled “Senators Address OMB”, or just the audio at the YouTube address:
Part 1 - www.youtube.com/watch?v=N5p-YVF_WKw
Part 2 - www.youtube.com/watch?v=4l_oUwSfnek
In particular, read these State Senator’s words where they first address the OMB. You get a focused glimpse as to why they are concerned enough to address the OMB in the first place. Yet even these State Senators are fearful of the OMB. The OMB has power over these State Senator’s medical licenses and therefore their livelihood. These two Senator physicians are quite aware of what the OMB is capable of with their federally sanctioned absolute immunity as a result of the HCQIA of 1986. They understand, after hearing from numerous physicians and other healthcare professionals destroyed in Oregon, that they, even as State Senators, can be destroyed quite easily by these monsters.
The typical healthcare provider and their family, destroyed by their healthcare board (in particular the OMB), ends up on food stamps, the Oregon Health Plan and even public housing. They and their family’s lives, hopes and dreams are destroyed.
Healthcare professionals are disgraced publicly and destroyed psychologically by healthcare boards that singularly dictate the narrative to the public and press. In Oregon, every case has Mr. Warren Foote’s sinister hand involved.
Patients suffer significantly upon suddenly losing their healthcare provider. There is already a physician shortage – especially in rural areas.
State and Federal governments suffer tax revenue losses at multiple levels with the destruction of these high end wage earners. Communities suffer from both financial and professional losses.
There are approximately 400 physician suicides per year, the majority of which are the result of having suffered medical board abuses. Pamela Wible, M.D. is the leading expert of this epidemic and she resides in Oregon. Her website address is:
www.idealmedicalcare.org/blog/
I was contacted two months ago by a woman who formerly resided in Oregon. She is presently seeking political asylum because she’s been medically blacklisted in the U.S. as a result of a number of Oregon physicians, the Peace Health Medical system, OHSU, MODA and OMB collusion. Until a decision is made on her political asylum, which is just a couple of weeks away, she is reluctant to give out too much information about herself. She stated she had previously been in contact with your office regarding her situation and disability. What I have seen of her records to date is devastating, amoral and criminal. There will be huge repercussions as a result, especially in Oregon. The OMB is deeply involved in this conspiracy and cover up.
What this woman’s situation reveals and illustrates is that the OMB is not truly concerned about public safety or bad doctors. What they are concerned about is protecting their friends and colleagues from patient complaints, malpractice suits, mistakes, criminal behaviors or competition from other physicians in their community.
The OMB demands and enforces that no other medical treatment be offered to patients other than what they choose to be appropriate and that varies as needed on a case by case basis. This is well illustrated on my website drdovervsomb.weebly.com under the page (tab) titled “OMB Inconsistency”. In two separate physician cases there was OMB concerns regarding the evaluation and treatment of gout. Strangely, the OMB documents show that they have a 180 degree take on the same problem. There is purposely no consistency at the OMB; and with absolute immunity being legally given to these bureaucrats it doesn’t matter to them. Simply it’s what works for them in each individual case; whatever gets the OMB to their predetermined decision.
The OMB’s unconstitutional and criminal peer review antics are protected by the HealthCare Quality Information Act of 1986 (HCQIA). HCQIA applies to any healthcare peer reviewed venue. Examples would be hospital, medical board, insurance company or medical association peer review members. All individuals involved with peer review are given absolute immunity by HCQIA of 1986. The criminal and totalitarian control of licensees by the OMB and AAG Warren Foote is easily illustrated by Dr. Roy Blackburn’s case. Dr. Blackburn had his license restricted regarding the prescribing of opiates. He supposedly broke a law, but the OMB won’t say which one. They won’t tell Dr. Blackburn, his lawyer, nor Dr. Jane Orient of the Association of American Physicians and Surgeons (AAPS). Dr. Orient flew from Arizona to meet with OMB Executive Director Kathleen Haley in Portland, Oregon on Dr. Blackburn’s behalf. Dr. Orient directly questioned Ms. Haley regarding which law was supposedly broken by Dr. Blackburn, but Ms. Haley has refused to provide this information to anyone that could help Dr. Blackburn absolve himself of his charges. His charges amount to nothing more than a bill of attainder. (see Attachment #2 – Letter from Jane Orient, MD of AAPS).
The person or entity that supposedly lodged a complaint against Dr. Blackburn with the OMB has been given complete anonymity. The reason(s) behind the complaint is (are) anonymous. Specifics surrounding the complaint have been withheld from Dr. Blackburn and his legal representatives. They are not allowed Discovery. This is standard operating procedure for the OMB and other Oregon healthcare boards. Again, all Oregon healthcare boards are overseen by AAG Warren Foote who acts as “legal counsel” for each one.
The opiate prescribing restriction puts Dr. Blackburn’s name on the National Practitioner Data Bank (NPDB) which came into existence with the signing of the HCQIA of 1986. He’ll never be able to remove his name nor his supposed “offense” from that computer system. There is no expungement process. Therefore, Dr. Blackburn can’t get a medically related job, contract with health insurance carriers, purchase malpractice insurance or get hospital privileges; yet he still has a license restricted only for opiate prescribing. His career is over, even if the medical board lifts the opiate prescribing restriction in the future, because he is now forever blacklisted. I have many examples of this blacklisting and it’s destruction to healthcare providers.
In contrast, Dr. Keith White out of Monmouth/Independence, Oregon had complaint(s) regarding opiate prescribing in 2013. Details are sparse, but here is what we do know. Dr. White was a physician member of the OMB. After the complaint, and during the “investigation”, he couldn’t take on any new chronic pain patients and he was removed from the OMB. Then Dr. White’s license was suddenly unencumbered. The OMB only issued him a “Corrective Action” which means his name is never sent to the NPDB, his career goes on and the details of what actually occurred regarding his case are never known. Obviously it helps to be on the inside or know someone who is. Dr. Blackburn didn’t have those connections. Why should you have to have connections to get fairness, truth and empathy?
The OMB has a need to “cannibalize” a small number of its licensees every year. First, the OMB finances itself with licensing fees and FINES. The OMB can’t survive financially with fees alone, therefore they need to exact (extort) fines from licensees.
Second, medical boards are being pressured to discipline more physicians. Public Citizen, and Dr. Sydney Wolfe who works with them, have vocally demanded more physician disciplines for decades and the press acts as their echo chamber. In this environment the OMB is “inclined” to discipline some physicians and healthcare providers to meet these “quotas”. The OMB frequently goes after easy prey - independent, solo practitioners, especially those which incorporate Traditional or Alternative Medicine practices that are outside the Board’s self determined algorithms (remember, these “algorithms” are extremely flexible when it suits the OMB’s needs). OMB algorithms, or guidelines, are not mandates, regulations or law but supposedly just recommendations.
The legal system enables medical boards, hospitals, clinics, etc. to go after providers they don’t “like” and gives them the tools and loopholes to protect their misdeeds. With the HCQIA of 1986 giving absolute immunity protection to all those involved in health care peer review, it makes it a slam dunk to achieve any of the above. What a great way to go after your competition and those you dislike for whatever reason. Think about it. It happens routinely and it’s been going on for decades destroying physicians, their families and patients and limiting community’s healthcare options. “Nonconformist” healthcare providers, who are typically extremely bright medical pioneers, are a common target of medical boards.
In January 2016 there was an updated version of the book: “Risk Management, Liability Insurance, and Asset Protection Strategies for Doctors and Advisors: Best Practices from Leading Consultants and Certified Medical Planners™”. Here is a link to the book:
www.crcpress.com/Risk-Management-Liability-Insurance-and-Asset-Protection-Strategies-for/Marcinko-Hetico/p/book/9781498725989
I was asked to write a chapter for the updated 2016 edition on a subject that had never prior been included in the book. See Attachment #3 – Book Chapter titled:
Functioning as a Physician in a Regulatory Environment
[Controlled by Medical Boards and the Medical Industrial Complex]
This chapter gives immense insight into how healthcare professionals are being targeted by medical boards and the Healthcare Industrial Complex in general. Pay special attention to the chapter’s discussion of the HCQIA of 1986, especially its history which originates in Astoria, Oregon.
There was an Oregon State Audit of the OMB in 1996. (see Attachment #4 – 1996 OMB State Audit). It showed significant deficiencies at the OMB, especially in regards to the investigative process. The audit simply scratched the surface of the OMB’s sloppy and criminal work because it was basically controlled by the OMB. The auditors only spoke with the OMB. They did not speak with anyone else or address the harm the OMB’s illegal actions were having on numerous physicians, families, patients and communities.
A subsequent audit of the OMB was done in 2006. This audit was performed by a private CPA group that the OMB personally solicited, hired, and paid for their services. (see Attachment #5 – 2006 OMB Private CPA Audit). As you might imagine this was a softball audit entirely controlled by the OMB. Still, the OMB controlled auditors found problems regarding OMB investigations – though I suspect they were greatly watered down.
Two audits of the OMB, both of which document and detail serious problems and concerns within this government agency, and no one in Oregon government will investigate. No State audit of the OMB has been performed over the last 20 years to determine if the OMB has solved its deficiencies. There has been no acknowledgement, apology or repair for the destruction done to physicians by the OMB as a result of their haphazard investigations. Decades of physician destruction and torture at the hands of medical boards across this country and no one cares. The folks that care for you and no one cares about them.
The audit of the OMB that needs to happen is one done by a private institution that is completely independent of Oregon State government and the OMB, and preferably far from Oregon. The audit should include extensive interviews with Oregon State Representatives and Senators familiar with the issue, affected patients, physicians and their families who have had personal interactions with the OMB and lawyers representing physicians in front of the OMB. I have absolutely no doubt that what will be found is much worse and significantly more extensive than what the two previous “biased” audits found 10 and 20 years ago. Those two audits only scratched the surface of the festering OMB abscess.
It seems we live in a totalitarian country. The Administrative Law Courts, where physician/healthcare provider “hearings” are held, are devoid of any semblance of constitutionality or due process. Oregon healthcare professional hearings may have an Administrative Law Judge (ALJ) present, but AAG Warren Foote runs the show. Mr. Foote even holds ex parte meetings with at least one ALJ – Judge Rick Barber. (see Exhibits #6, #7, #8, #9, #10 and #11 - Complaints to Oregon State Bar, two of which complain of AAG Foote and ALJ Barber meeting ex parte).
The Administrative Law hearings are nothing but window dressing to give the facade of justice. It doesn’t even matter what the Administrative Law Judge’s decision is because the OMB has all final decision making power regarding the outcome of a licensee’s case and hearing. In other words, the ALJ’s decision, good, bad or indifferent, has no bearing on the OMB’s decision.
I, along with others, am seeking Civil Rights protection for all licensed professionals. This could easily be accomplished by modifying the current Federal Civil Rights laws. Otherwise, licensed healthcare professionals will continue to live in fear as they attempt to exist in the totalitarian, unconstitutional and bureaucratic healthcare milieu that only Franz Kafka or Lewis Carroll could imagine.
Respectfully.
Eric Dover, MD, CTTH
Attachment #1 - Affidavit of Physician Threatened by the OMB
3-5-14_affadavit_kenneth_welker.pdf | |
File Size: | 371 kb |
File Type: |
Attachment #2 – Letter from Jane Orient, MD of AAPS
letter_from_dr._jane_orient_to_dr._roy_blackburn.docx | |
File Size: | 54 kb |
File Type: | docx |
Attachment #3 – Book Chapter titled:
Functioning as a Physician in a Regulatory Environment
[Controlled by Medical Boards and the Medical Industrial Complex]
Functioning as a Physician in a Regulatory Environment
[Controlled by Medical Boards and the Medical Industrial Complex]
functioning_as_a_physician_in_a_regulatory_environment.pdf | |
File Size: | 254 kb |
File Type: |
Attachment #4 – 1996 OMB State Audit
1996_state_audit_of_omb.pdf | |
File Size: | 5333 kb |
File Type: |
Attachment #5 – 2006 OMB Private CPA Audit
omb_2006_self_contracted_audit.pdf | |
File Size: | 247 kb |
File Type: |
Exhibits #6, #7, #8, #9, #10 and #11 - Complaints to Oregon State Bar
stephen_whtitaker_complaint_-warren_foote_and_state_bar.pdf | |
File Size: | 92 kb |
File Type: |
stephen_whittakercao_foote_report.docx | |
File Size: | 17 kb |
File Type: | docx |
dr._naina_sachdevs_osb_complaint.pdf | |
File Size: | 2708 kb |
File Type: |
dr._dovers_complaint_to_oregon_state_bar_2015.docx | |
File Size: | 34 kb |
File Type: | docx |
response_from_stacy_owen_-_osb_nov._19_2015.pdf | |
File Size: | 231 kb |
File Type: |
dr._dovers_response_to_stacy_owen.docx | |
File Size: | 52 kb |
File Type: | docx |
Added Exhibit - not in the letter
This exhibit is the Final Response from the Oregon State Bar (OSB) regarding a complaint sent to them by me regarding Kathleen Haley, Warren Foote and Nicole Krishnaswami. As I knew from the start, the OSB didn't have the intestinal fortitude to take on these State tyrants and instead work hand in hand with them. So the government tyrants - OMB and other healthcare licensing boards -march on unfettered with their destruction of licensees. Intestinal fortitude in Oregon seems to be in short supply and we have a large share of lemmings who believe government is good and operates constitutionally. Oregon does have an abundance of virtue signaling, do nothing politicians.
Of note, it is mentioned that in my case ALJ Barber issued a protective order and discovery rulings and that Warren Foote followed it as directed. Funny thing - my lawyer and I never saw it. The government limits discovery in a financial do or die situation for a defendant and doesn't even have the courtesy to inform their lawyer. If that isn't a wake up call to State totalitarianism I don't know what more it would take to jar the public out of their Soma haze. This is what I complained about - COLLUSION.
This is the reason why so many people damaged psychologically and financially by healthcare boards don't even try to fight back. They see it as futile and move on. I see fighting back as absolutely necessary if we are to stop this totalitarian system. Numbers are the only thing that will change what is occurring. Otherwise, fading away quietly only emboldens tyrants like Kathleen Haley, Nicole Krishnaswami, AAG Warren Foote and AAG Nicole Krishnaswami.
This exhibit is the Final Response from the Oregon State Bar (OSB) regarding a complaint sent to them by me regarding Kathleen Haley, Warren Foote and Nicole Krishnaswami. As I knew from the start, the OSB didn't have the intestinal fortitude to take on these State tyrants and instead work hand in hand with them. So the government tyrants - OMB and other healthcare licensing boards -march on unfettered with their destruction of licensees. Intestinal fortitude in Oregon seems to be in short supply and we have a large share of lemmings who believe government is good and operates constitutionally. Oregon does have an abundance of virtue signaling, do nothing politicians.
Of note, it is mentioned that in my case ALJ Barber issued a protective order and discovery rulings and that Warren Foote followed it as directed. Funny thing - my lawyer and I never saw it. The government limits discovery in a financial do or die situation for a defendant and doesn't even have the courtesy to inform their lawyer. If that isn't a wake up call to State totalitarianism I don't know what more it would take to jar the public out of their Soma haze. This is what I complained about - COLLUSION.
This is the reason why so many people damaged psychologically and financially by healthcare boards don't even try to fight back. They see it as futile and move on. I see fighting back as absolutely necessary if we are to stop this totalitarian system. Numbers are the only thing that will change what is occurring. Otherwise, fading away quietly only emboldens tyrants like Kathleen Haley, Nicole Krishnaswami, AAG Warren Foote and AAG Nicole Krishnaswami.
final_osb_response.pdf | |
File Size: | 216 kb |
File Type: |
Update: October 14th, 2016 - NO response from any politicians to my above letter. Not even an email.
Update: April 9th, 2017: No response from any politician. Here is an email sent to Sen. Jeff Merkley after reading his recent whining about a shortage of physicians at the VA. How about rural areas too Big Jeff?
E <[email protected]>
Feb 6
Senator Jeff Merkley, I read your concerns regarding the VA's physician shortage. There wouldn't be this kind of physician shortage if the Oregon Medical Board (OMB) wasn't destroying physician's careers, lives and families. I know of a number of excellent physicians - enough of them to fill every open VA position in Oregon - who would be ecstatic to work at the VA, but the OMB has made this impossible. In fact these physicians can never practice medicine again. They didn't molest anybody, use drugs or alcohol, sell drugs, steal, kill a patient - nothing like that. They got in the OMBs cross hairs for much more benign reasons such as practicing Integrative Medicine, standing up for their supposed Civil Rights or becoming the target of an angry patient, wife, neighbor, colleague, pharmacist, insurance company or competitor. The decision to ruin these physician's lives is made by about four to six people who spoon feed the volunteer members of the board the information they would like them to have so their already predetermined decision is the outcome.
I have sent information about this to your office previously and if I remember correctly I basically got an off topic form letter. I and many others usually get no acknowledgement for our efforts which is par for the course whether it be State or Federal Legislatures from Oregon. No one wants to fix the problems - especially associated with the Health Care Quality Information Act of 1986 which gives a lot of people absolute immunity for whatever they do to physicians in a "peer reviewed" setting.
If you would like more information you can see the letter I sent you at my website drdovervsomb.weebly.com. See the Page/Tab titled "Rep DeFazio". You received the same letter. Otherwise the physician shortage will only worsen, not just at the VA but throughout Oregon. It's become way too dangerous to be a physician at many levels and the financial rewards have become small for the risk you take and the life you give up.
Always happy to talk.
Eric Dover MD, CTTH
I have never received a response from Big Jeff. Imagine that. None of these 'public servants' have ever contacted me regarding any documents I have sent them. Went to a 'town hall' meeting for Wyden at a HS in Newburg prior to COVID. At the end I cornered him, he passed me off to an aide, I sent information, and guess what? - I never heard back from them. Ron 'Shuck and Jive' Wyden. And the sheeple continue to vote for him even though he doesn't live in Oregon.
E <[email protected]>
Feb 6
Senator Jeff Merkley, I read your concerns regarding the VA's physician shortage. There wouldn't be this kind of physician shortage if the Oregon Medical Board (OMB) wasn't destroying physician's careers, lives and families. I know of a number of excellent physicians - enough of them to fill every open VA position in Oregon - who would be ecstatic to work at the VA, but the OMB has made this impossible. In fact these physicians can never practice medicine again. They didn't molest anybody, use drugs or alcohol, sell drugs, steal, kill a patient - nothing like that. They got in the OMBs cross hairs for much more benign reasons such as practicing Integrative Medicine, standing up for their supposed Civil Rights or becoming the target of an angry patient, wife, neighbor, colleague, pharmacist, insurance company or competitor. The decision to ruin these physician's lives is made by about four to six people who spoon feed the volunteer members of the board the information they would like them to have so their already predetermined decision is the outcome.
I have sent information about this to your office previously and if I remember correctly I basically got an off topic form letter. I and many others usually get no acknowledgement for our efforts which is par for the course whether it be State or Federal Legislatures from Oregon. No one wants to fix the problems - especially associated with the Health Care Quality Information Act of 1986 which gives a lot of people absolute immunity for whatever they do to physicians in a "peer reviewed" setting.
If you would like more information you can see the letter I sent you at my website drdovervsomb.weebly.com. See the Page/Tab titled "Rep DeFazio". You received the same letter. Otherwise the physician shortage will only worsen, not just at the VA but throughout Oregon. It's become way too dangerous to be a physician at many levels and the financial rewards have become small for the risk you take and the life you give up.
Always happy to talk.
Eric Dover MD, CTTH
I have never received a response from Big Jeff. Imagine that. None of these 'public servants' have ever contacted me regarding any documents I have sent them. Went to a 'town hall' meeting for Wyden at a HS in Newburg prior to COVID. At the end I cornered him, he passed me off to an aide, I sent information, and guess what? - I never heard back from them. Ron 'Shuck and Jive' Wyden. And the sheeple continue to vote for him even though he doesn't live in Oregon.