Follow us!

    Post: Milestone Victory: Texas State Medical Board’s Attack Stoppe

    Posted by Sharon on 12/22/10

    As Dr. Rea has treated many workers and dwellers of water
    damaged buildings.

    Milestone Victory: Texas State Medical Board’s Attack on
    Leading Integrative Doctor Beaten Back
    December 21, 2010
    A court defeat for the Texas Medical Board is changing
    policies—and minds.

    As we have reported previously, when integrative
    practitioners treat the whole patient, their treatments
    often challenge traditional models of medicine. State
    medical boards are aligned with the American Medical
    Association’s brand of allopathic medicine. Because of
    this, they have historically been biased against
    complementary and alternative medicine—to the point that
    they not infrequently target practitioners specifically for
    practicing a higher standard of care.

    But the tide is turning, according to attorney Jacques
    Simon. Simon represented Bill J. Rea, MD, in a stunning
    legal victory against the Texas Medical Board (TMB). The
    suit has helped shift bad board practices in Texas.

    Jacques Simon has an outstanding success rate defending
    integrative medical doctors in these types of proceedings.
    He is one of four attorneys in the US who collaborate and
    specialize in this area. (The others are Alan Dumoff, Algis
    Augustine, and Richard Jaffe.)

    Dr. Rea is a leading researcher and clinician in the field
    of environmental medicine and chemical sensitivity. For the
    past thirty years, he has treated illness caused by food
    and wide-ranging environmental factors such as air and
    water pollution. In 2005, the Texas Medical Board filed a
    number of charges against Dr. Rea, challenging his testing,
    diagnosis, and treatment—everything he does. They even
    claimed that Dr. Rea was injecting his patients with diesel
    fuel and harmful chemicals, a charge that was patently

    After three long years in court, Simon was able to prove
    that the Board’s claims were unsubstantiated. Instead of
    revoking his license, the Board lamely told Dr. Rea to
    present a revised informed consent form to patients saying
    that his therapy is not “FDA approved.”

    If you are a physician and under investigation, it is
    important to make no statement whatsoever to investigators
    or officials without the presence and approval of a lawyer.
    As Simon told us, “When an investigation starts, it is
    important for the physician not to make the mistake of
    thinking they are the authority in the field. Pick up the
    phone and call an attorney who specializes in these types
    of proceedings.” (Feel free to contact ANH-USA for a

    Simon noted that the TMB has targeted integrative
    physicians in the past, but this has shifted in the last
    two or three years, and it appears they now investigate an
    equal number of traditional MDs. This is due in part to
    procedural actions taken by Dr. Rea through the course of
    his ordeal, which including filing charges against the
    board itself.

    Texas has strong due process protections for doctors, but
    those rules are not always followed. ANH-USA is working to
    get a bill introduced in the Texas legislature that will
    provide physicians with redress if the board doesn’t follow
    its own rules. Jacques Simon notes that the more doctors
    fight back (and the more the boards are educated), the
    better the landscape will become in state medical board
    proceedings. Meanwhile, state laws and regulations are
    constantly changing, and it is important to remain vigilant.

    ANH-USA has just released an 80-page report, “Know Your
    State’s Medical Board: An Integrative Medical
    Practitioner’s Guide to Understanding the Legal and
    Regulatory Environments in the 50 States.” Across the
    nation, state laws and regulations do not always adequately
    protect practitioners’ due process rights in medical board
    disciplinary proceedings, so we have created a guide and
    checklist to provide a general sense of the legal
    protections, or lack thereof, available in each state in
    the country. The report is available as a PDF document, and
    may be downloaded here.

    Posts on this thread, including this one

  Site Map:  Home Chatboards Legal Jobs Classified Ads Search Contacts Advertise
  © 1996 - 2013. All Rights Reserved. Please review our Terms of Use, Mission Statement, and Privacy Policy.