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The Guard Dog was Silent in the Night - Part I

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Why would medical professionals today who pledged to obey the Hippocratic Oath not come forward when they saw abuse, neglect and human rights violations? The answer to that question is very complex and rooted in the undercover system of how quality control happens in the American medical system.

This is essentially the old Sherlock Holmes clue of

The Silent Dog in the Night.

In 2001, Dr. Janet Parker DVM, Executive Director of Medical Whistleblower, was actively assisting in the investigation of the Straight Inc situation in conjunction with Department of Justice officials but from a different perspective. The previous International Survivors Action Committee (ISAC) United Nations complaint had been written from the perspective of the teen victims of the psychological and sometimes physical abuse and torture. ISAC's mission was to expose abuse, civil rights violations, and fraud perpetrated through privately owned facilities for juveniles. ISAC and other human rights and child protection groups responded to the national disgrace of having over 50,000 kids who were placed in the teen rehabilitation program called Straight Inc. Straight, Inc. was the biggest violator of human rights and civil liberties that this country has ever seen and was finally shut down by order of the United States Congress after multiple state and federal investigations of child abuse and mistreatment and over 40 suicides. But lingering questions remain as to why so many children could be abused and yet medical professionals mandated by law to report such abuse, had often times been complicit with the abuse or if honest whistleblowers had been silenced.

The Health Care Quality Improvement Act (HCQIA) appears on first glance to be a law to protect the public health but has instead been twisted by persons with political power and financial influence to a means to remove any targeted Medical Whistleblower. This threat of removal of medical licenses and discrediting of Medical Whistleblowers is done through a process of behind the scenes administrative actions and quasi-judicial meetings coupled with quasi-governmental immunity for nongovernmental subcontractors. Doctors and other medical professionals are exposed to Bad Faith Peer Review and whistleblower retaliation that strikes at the heart of their very professional and personal life. A covert system of intimidation and witness suppression was uncovered. Victims of human rights abuses need to have medical professionals come forward, report the abuses, and testify in court if they are to receive any justice.

Inspector Gregory of Scotland Yard asked Holmes if there was any particular aspect of the crime calling for additional study. Holmes replied "Yes," and pointed to "the curious incident of the dog in the nighttime." Inspector Gregory replied, "The dog did nothing in the night-time." Holmes said, "That was the curious incident."

The history of these nongovernmental organizations showed political and financial connections between the Straight Inc, the American Society of Addiction Medicine and their ASAM state chapters which had morphed into the Federation of State Physicians Health Programs (FSPHP).

Funding of the ASAM program was shunted to off shore accounts and taken as charitable donations to a tax-exempt nonprofit organization. Surprisingly the state governments allowed these chapters of the ASAM to become the investigative arm of the Department of Health, in spite of their lack of proper credentials to do that and their obvious historical connections with patient abuse and human rights violations as well as probable hidden criminal violations of the ASAM members themselves over their own personal addiction pasts (drug abuse, alcoholism, sexual violations, gambling). This system was hidden under the legal umbrella of another nonprofit, the Federation of State Physicians Health Programs. The Federation of State Physicians Health Programs was set up as a State Physician Health Program in each state and incorporated to limit any liability for their PHP directors and board members for their actions. In addition these State Physicians Health Programs have private contracts (undisclosed to the public) with the State Medical Associations which permitted them to hide their actual influence and control over targeted doctors and to hide their reporting activities to the National Medical Databank and the State Medical Board. This also hid their activities from Federal Law Enforcement action.

The Federation of State Physicians Health Programs obtained through political power the contracts to "monitor" and "investigate cases in development" for the various State Departments of Health. Thus the very persons who had direct personal and financial ties to abuse of patients became the Department of Health watchdog for medical quality assurance for every licensed medical professional in the state. A carefully worded contract provided a wall of deniability for the State Governor appointed members of the State Medical Board for any abusive actions the Physicians Health Program (PHP) might take against a targeted medical professional. This allowed the FSPHP to act without any governmental supervision over their actions except a once a year limited financial audit. The State Medical Board members abdicated their governmental regulatory responsibility to persons with known Human Rights abuses in their background.

This governmental power to "monitor" every licensed medical professional in the state also came with HIPPA protections of the State Physicians Health Program records which limited law enforcement access to their files and prevented adequate supervision of their actions for civil rights and human rights violations. But this HIPPA privacy did not protect the targeted doctor's privacy. Instead in careful legal wording in the contract the State Physicians Health Program obtained permission from the State Department of Health to secretly behind the doctor's back and without any due process in court share private information from the "case in development" with employers, potential employers, co-workers, family, friends and even the National Medical databank, all under the guise of "protecting the public health." The State Physicians Health Program Directors scoffed at Federal Privacy Act provisions and did whatever they pleased, knowing that their actions would never get scrutiny from the State Department of Health or Federal Law Enforcement.

In addition to obtaining the exclusive rights as a subcontractor to do the Medical Quality Assurance "monitoring" of doctors, nurses, pharmacists, dentists, therapists, chiropractors, and other medical professionals, the State Physicians Health Programs lobbied and received quasi-governmental immunity from prosecution for this violation of Civil Rights and even Human Rights. Thus we allowed persons with a history of involvement in human rights violations to have immunity for any further human rights violations by shielding them from the investigatory powers of law enforcement. Instead, using this Department of Health contract, the State Physicians Health Program utilizes the powers of law enforcement to force targeted doctors to its will.

Thus when doctors asked legal questions about who held the contract with the State Physicians Health Program they would be given vague, misleading and deceptive answers to clear legal concerns regarding their privacy if they "volunteered" for the PHP program of "monitoring". If they did not "volunteer" they were told that they would be reported to the National Medical Databank and their career in medicine would be over.

Do not mistake this "volunteering" to be in the Physicians Health Program to be a free act of informed consent. The Physicians Health Program is coercive, deceptive, and manipulative and uses both "Color of Law" and "Color of Official Right" violations of civil rights, as well as direct threats against the medical professional's license in order to force persons into their program. There is nothing voluntary about how they do this. They even use secret abductions (interventions) if necessary to obtain illegal custody of targeted doctors. This includes doctors who are blowing the whistle on human rights abuses, patient neglect and abuse and medical fraud by the state government against the federal government. This was a perfect way to silence any whistleblower that might have the audacity to report any human rights violations of substance abuse treatment facilities in the future. The ASAM substance abuse treatment professionals had learned their lesson after two United States Congressional investigations into Straight Inc and SEED. They had learned from the Dr. Leonard Masters case of criminal false imprisonment and psychological abuse, that serious damages are awarded by the courts to victims of Human Rights abuses. The ASAM wanted to prevent any intrusive investigations into their treatment facilities by Federal FBI agents. They learned to hide their abuse by becoming the watchdog over all licensed medical professionals in the state.

The Fox was in charge of the Hen House.

There is no avenue for choice of medical provider or any informed consent given to any medical professional targeted by the Physicians Health Program. Instead they are given a list of facilities "approved" by the Physicians Health Program and run by ASAM doctors. In violation of medical ethics regarding informed consent and choice of treatment provider, the targeted medical professional is told that the law mandates that they comply. This is a lie, as the State Department of Health contract clearly states that the targeted medical professional needs to be legally given free choice of any suitable provider. But the targeted doctor's attorney is told that the Physicians Health Program acts as an arm of the State Department of Health and thus through "Color of Law" authority coercion compliance is gained. No one tells the targeted doctor that nobody in the State Department of Health monitors or supervises what happens behind the closed doors of an ASAM treatment center. The actual contract that controls the interaction between the State Medical Board and the Physicians Health Program is kept secret from the targeted doctor and their chosen personal attorney as well.

These civil rights potentially violated include but are not limited to rights of privacy, due process, protection against unreasonable search and seizure, right to free speech, right to know the accusations against you, right to know your accuser and to confront him/her, right to a jury trial and constitutional rights to liberty and property (US Constitutional Rights guaranteed by Amendments I, IV, V, VI, VII, VIII, IX, XIV). In addition persons in the United States have rights guaranteed under international law and medical professionals as mandated reporters of abuse, neglect and human rights violations are considered as Defenders of Human Rights under international law.

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Medical Whistleblower is an organization dedicated to advocacy and emotional support for those who have bravely stepped forward to "Tell Truth to Power" to the Medical Establishment. Medical Whistleblowers report Medical Fraud, Abuse and (more...)
 

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