Browsed by
Category: Medical Board info

THE “RIGHT TO ASSOCIATE” STOPS ALL INVESTIGATIONS AND PROSECUTIONS!

THE “RIGHT TO ASSOCIATE” STOPS ALL INVESTIGATIONS AND PROSECUTIONS!

(I’m just kidding, but the proponents selling this stuff aren’t) In the last 30 years, I have heard all manner of crazy legal ideas propounded by nonlawyer “legal experts” which supposedly immunize or protect licensed and/or unlicensed health care practitioners from government oversight, investigations and prosecutions. Most of the ideas are based on the one of the first 10 constitutional amendments (12, if you’re Donald Trump). For example, take the Ninth Amendment, which provides that “The enumeration in the Constitution,…

Read More Read More

Board subpoenas , Yes (usually); De facto search warrants, No

Board subpoenas , Yes (usually); De facto search warrants, No

TMB personnel face damage claim for illegally trying to search and seize medical records  In the late 1980s, my New York law firm did some work for Robert Atkins involving the New York medical board, (aka the Office of Professional Medical Conduct). The board wanted the records of a number of his ozone therapy patients. The patients didn’t want their records released, so Bob Atkins hired our firm to try to quash the subpoena.   We made precedent, but not in…

Read More Read More