The Scope of the Problem
In 2018 the Federation of State Medical Boards (FSMB) released the document “U.S. Medical Regulatory Trends and Actions”. On page 19 is a graphic titled “Key 2017 U.S. Statistics – Disciplinary Actions”. This graph notes that in 2017 there were a total of 8,813 private trade association medical board “actions”. It also states that there were 4,081 physicians “disciplined” by private trade association medical boards. In 2015 (from the 2016 report) these numbers were 7,942 and 4,091 respectively.
On page 20 of the 2018 FSMB document there is a graph mistitled “Number of Physicians with a Board Action by Year”. This graph should actually be titled “Number of Physicians Disciplined by Year”. The graph illustrates there were 4,081 physicians with “board actions” for 2017 which is the same number of physicians “disciplined” as noted on the Page 19 graph. This is also true for the 2016 version of this document.
The page 20 graph displays ten years of data - from 2008 through 2017. There were 43,717 physicians “disciplined” in the United States during that time period. Therefore, on average, 4,372 physicians per year experienced a board “disciplinary” action that financially, psychologically, and socially, negatively impacted these physicians and their families anywhere from moderately, to so severely that many lost everything. (This is not to say that all of these physicians did nothing wrong, some most certainly did commit some very egregious acts. Then again, this is not to say that the private trade association medical boards didn’t let “privileged” physicians get away with some very atrocious acts, or that these private trade associations didn’t use their immense immunity powers unconstitutionally and prejudicially to purposefully target and destroy particular individuals they dislike for whatever reason. See the page "FSMB" in addition.)
Each year 300 to 400 physicians commit suicide - an average of approximately 350 physicians per year. It is widely quoted that a physician a day commits suicide. The physician suicide rate is double the general public suicide rate. The overwhelming majority of these physician suicides are related to private trade association medical boards and the FSMB. The private trade association medical board’s criminal behaviors directly lead to physician suicide because of the horrific psychological and financial disruption to the licensee’s life and family. These physicians and their families suffer divorce, loss of children, financial devastation, depression, insecurity, inability to get a job, etc.. Physicians are extremely reluctant to report depression, substance abuse, adverse reactions to medications, healthcare problems, etc. to medical boards, healthcare workers, family, basically anyone, because of the destruction they have witnessed, or read about, regarding peers that have been reported, or self-reported, to the private trade association medical boards, after seeking help. Physicians are treated much differently than the general U.S. population when they suffer from depression, medical issues, substance abuse problems, etc. Physicians and other healthcare workers used to be taught to be compassionate and understanding of patient’s when caring for these individuals. Paradoxically, private trade association medical boards and hospitals treat physicians with these same medical issues as hardcore criminals, that is extremely harshly, while simultaneously destroying any psychological and financial stability the physician might have.
Unfortunately, the missing numbers are how many patients are adversely affected as a result of the loss of their physician - such as suicide. These statistics are not available. Private trade association medical boards have also taken it upon themselves to remotely manage and treat the physician's patients while under investigation. The private trade association medical boards never speak to these patients nor examine them. Chronic pain patients are particularly adversely affected by this scenario. The private trade association medical boards now dictate to their “disciplined” physicians how patients will be tapered down and off their chronic pain medication regiments.
Every year approximately 26,000 MDs and DOs graduate from their respective schools. Therefore, each year, the equivalent of 17% (4,372/26,000) of the graduating physicians class are involved in a private trade association medical board “discipline”. Or put another way – the equivalent of 1 out of 5.9 graduating physicians will be involved in a board action every year that is seriously detrimental to their careers.
Every year the equivalent of 1.35% (350/26,000) of graduating physicians will commit suicide. Or put another way – the equivalent of 1 out of 74 graduating physicians will commit suicide every year. Physician suicide is double the National average.
The FSMB was not mentioned in HCQIA (Health Care Quality Improvement Act of 1986), but they have somehow inserted themselves into being a major control mechanism over physician “disciplinary” data. Many physicians hold licenses in more than one state. To prevent them from changing jurisdictions undetected, medical boards voluntarily share licensee data with the FSMB’s Physician Data Center. This information enables the FSMB to proactively notify boards within 24 hours when one of their licensees has been disciplined in another state. The notified board can then initiate its own actions. In 2015, state boards received 12,555 alerts from the FSMB’s Disciplinary Alert Service (DAS). The legality of this private trade association medical board “sharing of licensee data” is quite questionable. Once a physician is placed on the FSMB Data Bank and the NPDB(National Practitioner Data Base), the licensee has a black mark/ scarlet letter associated with their name for eternity with no means for expungement, that any medically related industry can look at.
Attachments:
1. FSMB 2018 “U.S. Medical Regulatory Trends and Actions” document
2. FSMB 2016 “U.S. Medical Regulatory Trends and Actions” document
On page 20 of the 2018 FSMB document there is a graph mistitled “Number of Physicians with a Board Action by Year”. This graph should actually be titled “Number of Physicians Disciplined by Year”. The graph illustrates there were 4,081 physicians with “board actions” for 2017 which is the same number of physicians “disciplined” as noted on the Page 19 graph. This is also true for the 2016 version of this document.
The page 20 graph displays ten years of data - from 2008 through 2017. There were 43,717 physicians “disciplined” in the United States during that time period. Therefore, on average, 4,372 physicians per year experienced a board “disciplinary” action that financially, psychologically, and socially, negatively impacted these physicians and their families anywhere from moderately, to so severely that many lost everything. (This is not to say that all of these physicians did nothing wrong, some most certainly did commit some very egregious acts. Then again, this is not to say that the private trade association medical boards didn’t let “privileged” physicians get away with some very atrocious acts, or that these private trade associations didn’t use their immense immunity powers unconstitutionally and prejudicially to purposefully target and destroy particular individuals they dislike for whatever reason. See the page "FSMB" in addition.)
Each year 300 to 400 physicians commit suicide - an average of approximately 350 physicians per year. It is widely quoted that a physician a day commits suicide. The physician suicide rate is double the general public suicide rate. The overwhelming majority of these physician suicides are related to private trade association medical boards and the FSMB. The private trade association medical board’s criminal behaviors directly lead to physician suicide because of the horrific psychological and financial disruption to the licensee’s life and family. These physicians and their families suffer divorce, loss of children, financial devastation, depression, insecurity, inability to get a job, etc.. Physicians are extremely reluctant to report depression, substance abuse, adverse reactions to medications, healthcare problems, etc. to medical boards, healthcare workers, family, basically anyone, because of the destruction they have witnessed, or read about, regarding peers that have been reported, or self-reported, to the private trade association medical boards, after seeking help. Physicians are treated much differently than the general U.S. population when they suffer from depression, medical issues, substance abuse problems, etc. Physicians and other healthcare workers used to be taught to be compassionate and understanding of patient’s when caring for these individuals. Paradoxically, private trade association medical boards and hospitals treat physicians with these same medical issues as hardcore criminals, that is extremely harshly, while simultaneously destroying any psychological and financial stability the physician might have.
Unfortunately, the missing numbers are how many patients are adversely affected as a result of the loss of their physician - such as suicide. These statistics are not available. Private trade association medical boards have also taken it upon themselves to remotely manage and treat the physician's patients while under investigation. The private trade association medical boards never speak to these patients nor examine them. Chronic pain patients are particularly adversely affected by this scenario. The private trade association medical boards now dictate to their “disciplined” physicians how patients will be tapered down and off their chronic pain medication regiments.
Every year approximately 26,000 MDs and DOs graduate from their respective schools. Therefore, each year, the equivalent of 17% (4,372/26,000) of the graduating physicians class are involved in a private trade association medical board “discipline”. Or put another way – the equivalent of 1 out of 5.9 graduating physicians will be involved in a board action every year that is seriously detrimental to their careers.
Every year the equivalent of 1.35% (350/26,000) of graduating physicians will commit suicide. Or put another way – the equivalent of 1 out of 74 graduating physicians will commit suicide every year. Physician suicide is double the National average.
The FSMB was not mentioned in HCQIA (Health Care Quality Improvement Act of 1986), but they have somehow inserted themselves into being a major control mechanism over physician “disciplinary” data. Many physicians hold licenses in more than one state. To prevent them from changing jurisdictions undetected, medical boards voluntarily share licensee data with the FSMB’s Physician Data Center. This information enables the FSMB to proactively notify boards within 24 hours when one of their licensees has been disciplined in another state. The notified board can then initiate its own actions. In 2015, state boards received 12,555 alerts from the FSMB’s Disciplinary Alert Service (DAS). The legality of this private trade association medical board “sharing of licensee data” is quite questionable. Once a physician is placed on the FSMB Data Bank and the NPDB(National Practitioner Data Base), the licensee has a black mark/ scarlet letter associated with their name for eternity with no means for expungement, that any medically related industry can look at.
Attachments:
1. FSMB 2018 “U.S. Medical Regulatory Trends and Actions” document
2. FSMB 2016 “U.S. Medical Regulatory Trends and Actions” document
_____________________________________________________________________________________________________________________________________
Here are excerpts from a recent post (12/2019) I made to an Orthopedic site.
Dear Mr. Walter Eisner
Whether you and others believe it or not there is mass conspiracy ongoing to destroy healthcare licensees via illegal trade associations called State Medical Boards, the Federation of State Medical Boards (FSMB), hospitals controlled by these same entities, State Bars, Government officials and Big Pharma.
I have a document from the FSMB directly advocating for the destruction and removal of Integrative Medicine doctors from the medical profession because they are economically hurting allopathic doctors.
I have a Louisiana Senate Bill, put together by Senator John Milkovich, that attempted to get Due Process Rights for physicians. Mr. Milkovich is a lawyer by trade. The LA Senate passed it, but not the Representatives of the State. Accused rapists, murderers, thieves, pedophiles etc. get Due Process Rights, but not physicians?
The public, and individuals such as yourself, have no idea what is occurring. Most physicians don’t understand until they are personally affected. It is nothing short of a Kafkaesque totalitarian dystopic nightmare. Medical Boards attempt to force physicians into signing all their rights away via a Stipulated Order (SO) while using “a gun” called license revocation put to licensees heads. Physicians aren't allowed meaningful legal representation throughout the entirety of the process and at times, such as during interrogations by private trade association medical board Investigative Committees, physicians are allowed to have a lawyer present, but their legal council is not allowed to speak during the process nor counsel their client. All that coerced information can then be, and will be, used against the licensee as the private medical association medical board twists the licensees words anyway they see fit - no licensees story will be heard, only the medical boards version. If a physician ultimately goes to a "sham" hearing it is predetermined that the physician's license will be revoked.
If the medical board dislikes you for any reason such as:
Medical Board "sham" hearings have 100% predetermined outcomes. Prior to these sham hearings, physicians are given no Due Process rights, no Discovery, records are withheld, witnesses are intimidated, along with many more illegal, criminal behaviors. The Oregon Medical Board (OMB) has never lost a hearing and never will because they control the entire sham from the start of the investigation until license revocation. The victim physician hopes justice will be served at their hearing, but they quickly realize that there will be no justice. The OMB, along with legal counselor and prosecutor AAG Warren Foote in the past, and currently AAG Katherine DiSalle, run these sham hearings where blatant perjury, hearsay, ex parte contact and much more occurs. You have no Constitutional or Due Process rights at these hearings. And to demonstrate how utterly dystopic this entire process is the OMB is able to overturn any Proposed Order written by the Administrative Law Judge (ALJ) overseeing the sham hearing. All board members to date have been given absolute immunity by State and Federal Courts for blatant criminal and unconstitutional acts.
Mr. Eisner, if you want to really go down the rabbit hole you need to speak to me. First look into the HCQIA of 1986. That’s when the problems really started. It’s author is Senator Ron Wyden from Oregon.
Now comes along the North Carolina Board of Dental Examiners 2015 SCOTUS decision which outlines the rules and structure these boards are to operate under to receive “Parker immunity”. These boards have been warned by a number of legal authorities to follow these Midcal rules, but State government thumbs their nose at the SCOTUS. As a result, the state governments have left the board members out to hang. These rubberstamping board members, many who are quite psychopathic and dysfunctional themselves, are nothing more than part of a private trade association and therefore can be sued in their person. The FSMB is part in parcel of this conspiracy where they too profit from these sham hearings just as the boards, State DOJ and ALJ’s do – they all have a pecuniary interest in the outcome of these hearings.
Boards are protecting extremely bad docs who are their friends, partners, associates.....it’s very bad here in OR - criminal bad. I’m talking sexual predators, drug users, faux experts utilized by the OMB, use of a gun to threaten Residents, docs with high morbidity and mortality outcomes who are seemingly lost regarding patient evaluation and treatment, etc. Again, I have numerous examples including the current Board Chair of the OMB Dr. Dean Gubler who the hospital he was associated with refused to hire him as a hospital employee though the rest of his group were offered contracts. Reason for this is that Dr. Gubler is highly volatile, but more importantly he is known by staff, Residents and even medical students as a horrible doc. Why isn’t he being investigated? That question will be asked at the January 2020 public OMB meeting.
I could go on. I have already written much on this subject including a chapter published January 2016. Unfortunately, as long as the ignorant listen to the one sided story put out by these private trade association medical boards they won’t understand. Medical Boards are removing whistleblowers, innovators and some of the best docs I have had the pleasure to meet and/or speak too. I can give you a number of stories from across the US that validate that statement. As long as nothing is done physician suicides will continue, excellent physicians will be discarded as they and their families are destroyed, and patients will suffer. The medical boards hide behind a shield of protecting public safety - this is easily disproven hogwash.
Here is a website I put together drdovervsomb.weebly.com for more info. Medical Boards may operate slightly differently from state to state, but the outcome is the same. If you’d like to learn more please contact me through my phone number and/or email listed on my website. I have a ton of documents I can forward to you. Docs have had enough and through individuals such as me organizing others and lawsuits like Dr. Kaul’s, things will change. There will soon be a tidal wave of legal court challenges to these boards and once the public learns of how boards are not protecting their safety, and are in fact endangering them, they will join in also.
The ball is in your hands Mr. Eisner. Let’s see what you do with it. Don’t just walk off the field with it.
Respectfully
Eric Dover, MD
Attachments:
3. FSMB document - smoking gun regarding their deliberate attack on a specific group of physicians and why.
4. Louisiana SB - asks for due process rights and fair procedure rights for physicians.
5. Connecticut and the NC Dental Board decision - Connecticut investigates its compliance with the NCDB decision.
6. University of San Diego letter to State AGs regarding the NCDB decision.
7. Opinion Piece Maynard F Thomson - former FTC and private lawyer - regarding NCDB decision.
8. North Carolina Dental Board Decision 2015 - EXTREMELY important read. Pay close attention to;
- Parker v Brown
- Midcal Rules
- Patrick v Burget (1988) - an Oregon case that went to SCOTUS
9. Legal analysis of HCQIA from 2014 and how it is adversely affecting physicians at hospitals. You can insert private trade
association medical boards interchangeably with hospital.
See this page to read or hear Oregon State Senators Alan Bates and Elizabeth Steiner-Hayward address the OMB in October 2012 - serious concerns from these two physician Senators. https://drdovervsomb.weebly.com/senators-address-omb.html
Here are excerpts from a recent post (12/2019) I made to an Orthopedic site.
Dear Mr. Walter Eisner
Whether you and others believe it or not there is mass conspiracy ongoing to destroy healthcare licensees via illegal trade associations called State Medical Boards, the Federation of State Medical Boards (FSMB), hospitals controlled by these same entities, State Bars, Government officials and Big Pharma.
I have a document from the FSMB directly advocating for the destruction and removal of Integrative Medicine doctors from the medical profession because they are economically hurting allopathic doctors.
I have a Louisiana Senate Bill, put together by Senator John Milkovich, that attempted to get Due Process Rights for physicians. Mr. Milkovich is a lawyer by trade. The LA Senate passed it, but not the Representatives of the State. Accused rapists, murderers, thieves, pedophiles etc. get Due Process Rights, but not physicians?
The public, and individuals such as yourself, have no idea what is occurring. Most physicians don’t understand until they are personally affected. It is nothing short of a Kafkaesque totalitarian dystopic nightmare. Medical Boards attempt to force physicians into signing all their rights away via a Stipulated Order (SO) while using “a gun” called license revocation put to licensees heads. Physicians aren't allowed meaningful legal representation throughout the entirety of the process and at times, such as during interrogations by private trade association medical board Investigative Committees, physicians are allowed to have a lawyer present, but their legal council is not allowed to speak during the process nor counsel their client. All that coerced information can then be, and will be, used against the licensee as the private medical association medical board twists the licensees words anyway they see fit - no licensees story will be heard, only the medical boards version. If a physician ultimately goes to a "sham" hearing it is predetermined that the physician's license will be revoked.
If the medical board dislikes you for any reason such as:
- a competitor to their favored friends and associates,
- Integrative Medicine physician,
- physician who stands up for their Due Process and Constitutional Rights,
- physician who refuses to submit to the medical board lies and sign a SO,
- a physician who attempts to “educate” the board or tell them they don’t know what they are talking about,
Medical Board "sham" hearings have 100% predetermined outcomes. Prior to these sham hearings, physicians are given no Due Process rights, no Discovery, records are withheld, witnesses are intimidated, along with many more illegal, criminal behaviors. The Oregon Medical Board (OMB) has never lost a hearing and never will because they control the entire sham from the start of the investigation until license revocation. The victim physician hopes justice will be served at their hearing, but they quickly realize that there will be no justice. The OMB, along with legal counselor and prosecutor AAG Warren Foote in the past, and currently AAG Katherine DiSalle, run these sham hearings where blatant perjury, hearsay, ex parte contact and much more occurs. You have no Constitutional or Due Process rights at these hearings. And to demonstrate how utterly dystopic this entire process is the OMB is able to overturn any Proposed Order written by the Administrative Law Judge (ALJ) overseeing the sham hearing. All board members to date have been given absolute immunity by State and Federal Courts for blatant criminal and unconstitutional acts.
Mr. Eisner, if you want to really go down the rabbit hole you need to speak to me. First look into the HCQIA of 1986. That’s when the problems really started. It’s author is Senator Ron Wyden from Oregon.
Now comes along the North Carolina Board of Dental Examiners 2015 SCOTUS decision which outlines the rules and structure these boards are to operate under to receive “Parker immunity”. These boards have been warned by a number of legal authorities to follow these Midcal rules, but State government thumbs their nose at the SCOTUS. As a result, the state governments have left the board members out to hang. These rubberstamping board members, many who are quite psychopathic and dysfunctional themselves, are nothing more than part of a private trade association and therefore can be sued in their person. The FSMB is part in parcel of this conspiracy where they too profit from these sham hearings just as the boards, State DOJ and ALJ’s do – they all have a pecuniary interest in the outcome of these hearings.
Boards are protecting extremely bad docs who are their friends, partners, associates.....it’s very bad here in OR - criminal bad. I’m talking sexual predators, drug users, faux experts utilized by the OMB, use of a gun to threaten Residents, docs with high morbidity and mortality outcomes who are seemingly lost regarding patient evaluation and treatment, etc. Again, I have numerous examples including the current Board Chair of the OMB Dr. Dean Gubler who the hospital he was associated with refused to hire him as a hospital employee though the rest of his group were offered contracts. Reason for this is that Dr. Gubler is highly volatile, but more importantly he is known by staff, Residents and even medical students as a horrible doc. Why isn’t he being investigated? That question will be asked at the January 2020 public OMB meeting.
I could go on. I have already written much on this subject including a chapter published January 2016. Unfortunately, as long as the ignorant listen to the one sided story put out by these private trade association medical boards they won’t understand. Medical Boards are removing whistleblowers, innovators and some of the best docs I have had the pleasure to meet and/or speak too. I can give you a number of stories from across the US that validate that statement. As long as nothing is done physician suicides will continue, excellent physicians will be discarded as they and their families are destroyed, and patients will suffer. The medical boards hide behind a shield of protecting public safety - this is easily disproven hogwash.
Here is a website I put together drdovervsomb.weebly.com for more info. Medical Boards may operate slightly differently from state to state, but the outcome is the same. If you’d like to learn more please contact me through my phone number and/or email listed on my website. I have a ton of documents I can forward to you. Docs have had enough and through individuals such as me organizing others and lawsuits like Dr. Kaul’s, things will change. There will soon be a tidal wave of legal court challenges to these boards and once the public learns of how boards are not protecting their safety, and are in fact endangering them, they will join in also.
The ball is in your hands Mr. Eisner. Let’s see what you do with it. Don’t just walk off the field with it.
Respectfully
Eric Dover, MD
Attachments:
3. FSMB document - smoking gun regarding their deliberate attack on a specific group of physicians and why.
4. Louisiana SB - asks for due process rights and fair procedure rights for physicians.
5. Connecticut and the NC Dental Board decision - Connecticut investigates its compliance with the NCDB decision.
6. University of San Diego letter to State AGs regarding the NCDB decision.
7. Opinion Piece Maynard F Thomson - former FTC and private lawyer - regarding NCDB decision.
8. North Carolina Dental Board Decision 2015 - EXTREMELY important read. Pay close attention to;
- Parker v Brown
- Midcal Rules
- Patrick v Burget (1988) - an Oregon case that went to SCOTUS
9. Legal analysis of HCQIA from 2014 and how it is adversely affecting physicians at hospitals. You can insert private trade
association medical boards interchangeably with hospital.
See this page to read or hear Oregon State Senators Alan Bates and Elizabeth Steiner-Hayward address the OMB in October 2012 - serious concerns from these two physician Senators. https://drdovervsomb.weebly.com/senators-address-omb.html
fsmb_2018_us-medical-regulatory-trends-actions.pdf | |
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abridged_fsmb_2016_-_us_medical_regulatory_trends_and_actions.pdf | |
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special_report_by_fsmb_on_business_being_taken_away_by_integrative_doctors.pdf | |
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