BORDERLINE PERSONALITY DISORDER IN OPIOID DEPENDEN

Buprenorphine Post
NoDrugs4u
Posts: 198

Postby NoDrugs4u » Wed Jan 25, 2017 11:03 am

I agree with madhuri5.

madhuri5
Posts: 4

Postby madhuri5 » Wed Jan 25, 2017 11:03 am

Thank you Kevin. Well it does relate to Buprenorphine practice some how. That is the whole point. If the Board err on patient side and start disciplining docs even though the evidence is lacking, my concern is opioid dependent patient will eventually learn this to use against doc as a sort of control or even weaken his control on them so that to get away from harsh conditions stipulated in treatment contract such as diversion, not cooperating with drug screens etc. Sorry I am little skeptical on this but I think this is a genuine problem and applies to all DATA waived physicians.

drpasser
Posts: 1404

Postby drpasser » Wed Jan 25, 2017 11:03 am

So, Ima gonna to bow out of this discussion and leave it to y'all, as IMO;
it relates more generally to medical board practices than it does about the clinical use of buprenorphine.

Best,
Kevin

madhuri5
Posts: 4

Postby madhuri5 » Wed Jan 25, 2017 11:03 am

In the this instant case in discussion, the doc had the opportunity to file an appeal in local common pleas court challenging the med board suspension order for six months and the hearing is awaiting. Question: What are the chances of this docs allegation being dismissed by the common pleas court or even reduce the suspension time form six months to a less as seen in similar previous cases where the suspension time was only up to 60 days at maximum. Remember the board do not have the actual evidence of the text message by the doc nor they have the content,the date and the authentication from a telecommunication company that was allegedly used to send the alleged text message by the doc. It was all based on patients allegation only. Appreciate your feedback opinion.

compchat57
Posts: 35

Postby compchat57 » Wed Jan 25, 2017 11:03 am

@drpasser,

I think you will find that due process is not part of most medical board(s) disciplinary methodology. IOW, they can charge, try and convict you of something and then notify you of the conviction and punishment in the same letter. It happened to me over one billing issue of all things. Do you check all the bills that go out of your offices ? You are responsible for them. If your billing person or company does something wrong and the medical board receives a complaint you can be tried, convicted and punished for it without ever being notified of it. Then, if you want to fight it, they make it nearly impossible because appeal courts don't want to mess with trying facts which have already been decided by the medical board. Make sure that your malpractice insurance covers such claims because aside from losing income it's going to cost you lots of money for an attorney. BTW, @ DrBranton, you left out one option. They don't renew your license is a bit easier for them to prosecute.


sslonim
Posts: 118

Postby sslonim » Wed Jan 25, 2017 11:03 am

OK, you got me curious as this didn't sound right. From the CA Medical Board web site - just copying this in... don't know if they follow this or not...
http://www.mbc.ca.gov/Enforcement/Complaint_Process.aspx
To review these complaints, Board staff will request copies of the patient's medical records and a written summary from the licensee along with any other relevant information (e.g. records from subsequent treating physicians). When CCU staff contacts the licensee for a response to the complaint, a summary of the complaint allegations will be provided to help the licensee respond appropriately. Business and Professions Code Section 800(c) authorizes the Board to provide a comprehensive summary of the substance of the complaint material to the licensee upon request. ...
Once all pertinent information has been received in CCU, the complaint is forwarded to an expert for review. ...
If the expert determines the complaint warrants further review, the complaint will be forwarded to one of the Board's district offices for further investigation. The licensee will be contacted by an investigator to schedule an interview so that a more thorough review can be conducted. Interviews with the complainant or any relevant witnesses may also be conducted. When all relevant information has been obtained by the investigator, a second review by an Expert Reviewer will be performed. When the investigation has been concluded, notification of the results will be sent to both the licensee and complainant.

Bruni
Posts: 49

Postby Bruni » Wed Jan 25, 2017 11:03 am

"Due process", I believe, applies to the state attempting to deprive someone of the basic constitutional liberties, as in criminal prosecutions. Medical licensure is considered a privilege, rather than a right, and states establish their own regulations for regulating the practice of medicine.
NY State is quick and thorough, but they do inform you of the allegations and allow time to prepare a defense in front of the hearing; it is lunacy to appear at a hearing without a well prepared, experienced, administrative law attorney. I suspect that part of the judgment of the disciplinary board arises from the manner of one's conduct during the investigation and hearing. Arrogance, denial, non-cooperation or clear signs of mental illness, substance abuse or crippling 'character defects' during the process will doom the defendant.

drpasser
Posts: 1404

Postby drpasser » Wed Jan 25, 2017 11:03 am

Well, if I am wrong than I stand corrected. Its amazing to think that's what it's like in California. I haven't practiced in California since the early 1990's, but I don't recall it being like this when practiced there for three and a half years.

Sorry I was mistaken.

Regards,
Kevin

compchat57
Posts: 35

Postby compchat57 » Wed Jan 25, 2017 11:03 am

@DrBranton,

That's what I use to believe as well. But you have little to no due process rights when dealing with the Medical Board. Check with your attorney if you don't believe me. BTW it is hard to swallow.

madhuri5
Posts: 4

Postby madhuri5 » Wed Jan 25, 2017 11:03 am

Yes there were more allegations than a single text message but the board investigated the doctor for nearly two years and all they could come up with is a single questionable text message alleged by patient. No one saw this message and the existence of this was never proved. It did not matter, the board still went ahead disciplined the doc.


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