Physicians for Fairness

Physicians for Fairness On this page, We discuss Issues, Assumptions, Rules, Laws & People that impact Lives of Patients, Physicians & Nurses. goo.gl/I6EdHM Twitter

We are pleased to introduce "Physicians for Fairness". We anticipate that the information presented on our web site will bring AWARENESS among Physicians, Nurses and other Healthcare Professionals. In the current form, the Medical Board of California has become "an operation of Law that inflicts Financial and Emotional Harm on qualified Physicians and to their families". Medical Board can wrongly

accuse a qualified physician while protecting negligent and unethical physicians. Medical Board can take a disciplinary action against a physician in order to protect corporate greed. Medical Board can do such ‘unfair and unlawful actions’ because there is no accountability of the Medical Board. Every physician should be worried especially if you have not done anything wrong. Lets join hands together and compel the Board to stop violation of Physicians Constitutional Rights. Lets Protect our Right to Work.

Code of civil Procedure (CCP) 1094.5 ========================When reviewing an agency’s findings in a professional licen...
02/11/2025

Code of civil Procedure (CCP) 1094.5
========================
When reviewing an agency’s findings in a professional licensing discipline proceeding, the trial court “ ‘exercise[s] its independent judgment on the facts, as well as on the law. . . .’ ”

Very few instances of success are reported by licensed professionals in overturning the order of state agencies. This was a one of them.

Robert Geffner v. Board of Psychology (California) - Feb 2024
https://cases.justia.com/california/court-of-appeal/2024-b322991.pdf

Dissenting Opinion of Justices of the US Supreme Court================================= Impact of allegedly incorrect Dr...
01/17/2025

Dissenting Opinion of Justices of the US Supreme Court
=================================
Impact of allegedly incorrect Driving License Application and deportation
=================================
"An immigrant to this country applied for legal residency. The government rejected his application. Allegedly, the government did so based on a glaring factual error. In circumstances like that, our law has long permitted individuals to petition a court to consider the question and correct any mistake. Not anymore."

Patel v Garland -https://www.supremecourt.gov/opinions/21pdf/596us1r31_5367.pdf

11/27/2024

One wrongful accusation. Years of sacrifice. Follow Dr. Michael Langan’s steadfast commitment to justice in “The Disrupted Physician”.

Available on Amazon: https://a.co/d/b80pLjF

Testifying No Correctness of Records - US Defense Secretary Donald Rumsfeld ==========================="I have no idea w...
11/25/2024

Testifying No Correctness of Records - US Defense Secretary Donald Rumsfeld
===========================
"I have no idea whether our tax returns and tax payments are accurate. " "My wife is 59 years old college graduate and also has no idea whether or not our tax payments are accurate."

But why our government holds us accountable for trivial matters such as completing forms?
https://twitter.com/Montecassi.../status/1859727995428274557

The government that cannot timely count votes, requires qualified students and professionals to get a license.
11/25/2024

The government that cannot timely count votes, requires qualified students and professionals to get a license.

Politician Kamala Harris typing Biden's ID on SEC Form for money is not Lying ================================Kamala Har...
11/07/2024

Politician Kamala Harris typing Biden's ID on SEC Form for money is not Lying
================================
Kamala Harris's California Department of Justice routinely afflicted professional death sentence to medical residents and doctors (License revocation) without trial in any court mere on allegation of 1) Failure to accurately complete application forms or 2) Failure to keep accurate records where patients were diagnosed and treated correctly.

What will she propose? Where is Rule of Law or Equal Protection.

Whoops?

The incident exploded into the public eye after Harris filed a Statement of Candidacy, a Federal Election Commission document qualifying candidates running for any federal office except the position of vice president must submit.

The document, known as Form 2 by the FEC, is one all candidates must file within 15 days of entering an election. Candidates are then assigned a unique ID that follows them for life.

Although a senator at the time, Biden was given a number, P80000722, that stuck with his presidential campaigns. The FEC used it to track him from his doomed 1988 shot at the White House all the way to his 2024 resignation.

Harris' number, P00009423, was granted when she entered the 2020 election as one of the Democratic candidates.

https://www.msn.com/en-us/news/politics/kamala-harris-personally-files-fec-form-using-bidens-id-number-to-take-his-campaign-funds-report/ar-AA1otuUl

California targeting Licenses of Minorities, Medical students, Doctors - FSMB Recognized ===============================...
10/12/2024

California targeting Licenses of Minorities, Medical students, Doctors - FSMB Recognized
===================================
Minorities, women, blacks and other ethnic groups have experienced and complained excessive pattern of regulatory burden, in the form of targeted complaints or excessive punishment. While important matter got attention, it wasn’t addressed by the or and hence it continues.

Various Sanctuary cities have direct input on licensing matters. San Joaquin General Hospital is one such county hospital. During 2010-11 there were internal and published investigation that resulted in voluntary or forced resignation of dozen plus officials including members of the board exec director(s) and a few senior doctors at San Joaquin General hospital ( ).

Several impacted feel the need and are exploring researchers or institutions who are willing to take up on such daring challenge.

FSBM has also published its research report below (Apr 2022): In 2024 an attorney for FSMB attended a Medical Board meeting.

A recent analysis requested by the Medical Board of demonstrated that a correlation could be drawn between physician ethnicity and the pattern of complaints, investigations and discipline. “After controlling for a number of other variables, Latino/a and Black physicians were both more likely to receive complaints and more likely to see those complaints escalate to investigations. Latino/a physicians were also more likely to see those investigations result in disciplinary outcomes.”

Fluoride Exposure: Neurodevelopment and Cognition [Government Report]==================="There is moderate confidence in...
10/08/2024

Fluoride Exposure: Neurodevelopment and Cognition
[Government Report]
===================
"There is moderate confidence in the scientific evidence that showed an association between higher levels of fluoride and lower IQ in children."

"The NTP found no evidence that fluoride exposure had adverse effects on adult cognition."

According to report, from HHS ( )
https://ntp.niehs.nih.gov/whatwestudy/assessments/noncancer/completed/fluoride

Invasive Questions on Applicaiton Form - California  ===================Aug 24, 2024. Kristina Lawson JD (President of M...
09/25/2024

Invasive Questions on Applicaiton Form - California
===================
Aug 24, 2024. Kristina Lawson JD (President of MBC), announced on twitter, changes on the application form for License following AB2164 Assemblymember Marc Berman (2023-2024).

According to Medical Association CMA, the Bill prohibits the Board "from asking invasive questions that stigmatize care on licensure applications."

"Losing patients during my medical training was a deeply upsetting and traumatic experience, and I am grateful that my program encouraged us to seek out mental health support,” said Sacramento-based hematology/oncology physician Dayna Isaacs, M.D. “By promoting a culture of understanding and support around physician mental health, the medical board is protecting the well-being of both physicians and patients.”

“Physicians face unique stressors and challenges in their work that often lead to burnout, depression and even suicide,” said CMA President Tanya W. Spirtos, M.D. “This decision by the medical board is a critical step to ensuring physicians can access critical mental health care without worrying about jeopardizing their careers.”

CMA https://www.cmadocs.org/newsroom/news/view/ArticleId/50686/CMA-praises-medical-board-for-reducing-stigma-around-physician-mental-health

Kristinia Lawson tweet https://twitter.com/kdlaw/status/1827362835086942679

Members of the Tennessee Board of Medical Examiners felt they were locked in an impossibly tough spot.They had to choose...
09/25/2024

Members of the Tennessee Board of Medical Examiners felt they were locked in an impossibly tough spot.

They had to choose between defying a new state law- one their legal counsel sternly advised them to enforce lest they face costly lawsuits -- or approving a licensing pathway for international medical graduates (IMGs) who had never practiced or trained in the U.S.

"What we have to have, legally, to comply with our General Assembly, is a way for these people to come submit their application," chief deputy general counsel David Silvius told members during its July 30 board meeting. And if the board refuses to make that process available, "if (an applicant) decides they want to sue you, that's what they'll do. ... The law says these people are entitled to come ask for a license," he said

But several board members expressed horror with their options. They said the new statute gives them little to no way to assess applicants' competence, as they have when physicians are trained in the U.S.

During a nearly 90-minute debate, some board members said that if they allowed foreign-trained doctors to get in the door with so few qualifications, they'd be allowing potentially incompetent physicians to harm patients.

"I am now in a medical ethical dilemma as to whether my hands are tied to give people who may not be qualified a license to practice ... to do something that is not in the safety, healthcare, best interests of my citizens," board member John J. McGraw, MD, an orthopedic surgeon, told Silvius. "And if I do, then I may need to resign."

"This is a novel license ... and we're the first (state) to do it," said board president Melanie Blake, MD, an internist. "You're asking us to basically abandon the ethical oath that we took to be here."

Blake added her concern that the statute, called Chapter 211, required these foreign applicants to check boxes, with limited mechanism for the board to verify what they claim.

"I'm a little worried also about a criminal background check when someone's been living abroad for years, and then they come here and we run a check, and it looks perfect," Blake said. "But we don't know what they were doing in Iceland, or Sweden, when they were, you know, practicing euthanasia or whatever, you know, I don't know what we can know about them."

And, she said, "you don't have to pass a single exam to get this license."

To Silvius' warning of liability if the new law was not observed, board member Todd Tillmanns, MD, an ob/gyn, shot back: "We're opening ourselves to liability if we think someone is coming here to practice medicine or otherwise and is not someone that is safe or is practicing in a way that could endanger people."

Applicants may say that, "because you lived in another country with 3 years of practice, and we have no documentation of it, that's legitimate? 'Come on in and practice medicine in the state of Tennessee.' This is what we're so upset about. And it's not because we're standing on high. It's because we're protecting people," Tillmanns said. "There's a reason it takes so long."

Ignoring the Law
=================
After much back and forth, the board voted not to create an application form for IMGs to use, and defied their legislative mandate. It approved posting an explanation of its policy on its website with an FAQ, which simply says, "At this time, the Board does not have an application."

That has left at least 60 IMGs who heard about the new law and wanted to move their practices to Tennessee twisting in the wind, job agent Stephan Cloutier, who helps link physicians with employers throughout the country, told MedPage Today.

He said most of 60 clients are from India, "among the best physicians in the world. They are really, really, qualified candidates," who all have Educational Commission for Foreign Medical Graduates (ECFMG certification, which is now part of Inthealth.

If it were enforced, the current law, which took effect July 1, would require the IMG to show an offer of employment from a setting with a post-graduate training program accredited by the Accreditation Council for Graduate Medical Education.

The applicant also must meet one of these requirements, a key word being "or":

Demonstrated competency as determined by the Tennessee board
Completed a 3-year post-graduate training program in the graduate's licensing country, or
Has otherwise practiced as a medical professional performing the duties of a physician for at least 3 of the last 5 years outside the U.S.

New Law Will Supersede Old One
=================================
Yarnell Beatty, senior vice president and general counsel for the Tennessee Medical Association, told MedPage Today his group was vehemently opposed to Chapter 211, "so much so that we lobbied heavily to get the law changed" -- and they succeeded.

Chapter 929opens in a new tab or window passed, but does not take effect until January 1, 2025.

In addition to changing the name of the license from "temporary license of limited duration" to "foreign training license," the new statute replaces the word "or" with the word "and," so IMGs have to qualify for each requirement.

Until then, the more lenient legislation remains in effect.

"We don't know where they come from. We don't know if they're, you know, from war-torn countries or third-world countries where training isn't, you know, up to the standards of the United States. We just don't know," Beatty said.

"There's got to be some way that you can measure minimum competency," he added.

Authors of the Senate and House versions of the original legislation, Sen. Kerry Roberts and Rep. Sabi 'Doc' Kumar, a retired surgeon, did not respond to repeated requests for comment on the reasons they sponsored the legislation.

One reason might be Tennessee's shortage of physicians, especially in primary care.

According to federal data, Tennessee ranked 44thopens in a new tab or window in the nation for overall health in 2019, and in 2020, nearly all of its counties (90 of 95) were federally designated primary care health professional shortage areas, a problem that has gotten worse. Federal data show widespread shortages of mental health and dental providers as well throughout the state.

One disappointed physician who was eager to practice in rural Tennessee is Bryant Morrison, MD, a U.S. citizen licensed to practice in Baja California in Mexico. He graduated from Universidad Autónoma de Guadalajara School of Medicine in June 2002 and completed an internship at the Hospital General de Zapopan in Jalisco, Mexico the following year.

His Mexicali clinic has a contract to treat employees of Imperial County, California, who travel across the border for their care.

"It was incredulous that the board voted against providing an online application form even after being legally advised to do so by their own general counsel," Morrison told MedPage Today.

In countries, he continued, general usually only complete a 1-year rotating internship prior to getting licensed and going to work, "similar to what many osteopathic physicians currently do in many rural communities in the United States."

Now, he said, foreign licensed physicians like himself must have completed a residency of at least 3 years in addition to 3 years of practice experience. That, he said, "will preclude general practitioners such as myself who have only completed a 1-year internship from participating and obtaining provisional licensure."

This requirement "will most likely limit the applicant pool resulting in very few foreign physicians coming to the state," he said.

Many foreign-educated physicians messaged Today saying they, too, were excited about a chance to practice in , and now feel left in limbo. Most declined to allow their names or circumstances to be published out of concern it could endanger their job prospects.

https://www.medpagetoday.com/special-reports/exclusives/111837

======================
The text of the state law

The board may issue a temporary license of limited duration to an international medical school graduate upon finding sufficient evidence that the international medical school graduate:

(A) Demonstrated competency as determined by the board;

(B) Completed a three-year post-graduate training program in the
graduate's licensing ; or

(C) Has otherwise practiced as a medical professional performing the duties of a for at least three (3) of the last five (5) years outside the United States.
https://legiscan.com/TN/text/SB1451/id/2799969
======================

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