RUAN-KHAN vs. UNITED STATES OF AMERICA: PROF. JENNIFER OLIVA, “BEYOND A REASONABLE DOUBT,” SCOTUS CASE N0. 20-1410, UNANIMOUS RULING

BY

NORMAN J CLEMENT RPH., DDS, NORMAN L.CLEMENT PHARM-TECH, MALACHI F. MACKANDAL PHARMD, BELINDA BROWN-PARKER, IN THE SPIRIT OF JOSEPH SOLVO ESQ., INC.T. SPIRIT OF REV. C.T. VIVIAN, JELANI ZIMBABWE CLEMENT, BS., MBA., IN THE SPIRIT OF THE HON. PATRICE LUMUMBA, IN THE SPIRIT OF ERLIN CLEMENT SR., WALTER F. WRENN III., MD., JULIE KILLINGWORTH, LESLY POMPY MD., CHRISTOPHER RUSSO, MD., NANCY SEEFELDT, WILLIE GUINYARD BS., JOSEPH WEBSTER MD., MBA, BEVERLY C. PRINCE MD., FACS., NEIL ARNAND, MD., RICHARD KAUL, MD., LEROY BAYLOR, JAY K. JOSHI MD., MBA, ADRIENNE EDMUNDSON, ESTER HYATT PH.D., WALTER L. SMITH BS., IN THE SPIRIT OF BRAHM FISHER ESQ., MICHELE ALEXANDER MD., CUDJOE WILDING BS, MARTIN NJOKU, BS., RPH., IN THE SPIRIT OF DEBRA LYNN SHEPHERD, BERES E. MUSCHETT, STRATEGIC ADVISORS

WE ARE NOT POWERLESS AND THROUGH OUR VIDEOS, WRITINGS, AND PHOTOGRAPHS WE WILL EXPOSE THE ABUSES AND TYRANNY OF UNITED STATES DRUG ENFORCEMENT AGENCY 

JUST AS THE VIDEO WAS RECORDED BY THE CELL PHONE CAMERA OF YOUNG DARNELLA FRAZIER, BORE WITNESS TO THE MURDER OF GEORGE FLOYD THE BLOG youarewithinthenorms.com BARES WITNESS AND BOTH ALLOWS THE SYSTEM TO BE HELD ACCOUNTABLE”

“WE ARE HEALTHCARE PROVIDERS, PHYSICIANS, DENTISTS, PHARMACISTS, NOT STREET DRUG DEALERS “

PROFESSOR JENNIFER OLIVA


Jennifer Oliva

@jenndoliva

Once a doctor proves that they are authorized to prescribe a controlled substance (e.g., has state & federal registration), the government must “PROVE BEYOND A REASONABLE DOUBT,” that doctors ‘KNEW or INTENDED’, that their prescribing conduct was unauthorized under the CSA

This means that the doc must have known or intended to prescribe outside the legit bounds of medical practice. Not enough for DEA to say “we think this is outside the bounds.” Must prove that doc knew it was outside the bounds. Huge win!!!

https://www.supremecourt.gov/opinions/21pdf/20-1410_1an2.pdf

THE DEA TARGETS HEALTHCARE PROVIDERS BASED ON SKIN COLOR AND NATION OF ORIGIN

Professor Oliva asserts:

” DEA’s Prescription Drug Monitoring Program (PDMP) predictive platforms deserve serious scrutiny because they are the only law enforcement-developed digital surveillance systems that health care providers have ever utilized to diagnose and treat patients. Providers may rely on unvalidated PDMP risk scores to make prescribing decisions because they view those scores as clinically useful. 

DRALVES EDWARD DO, DALLAS TEXAs PRACTICING MEDICINE WHILE BLACK

That claim should be viewed with skepticism because there is no evidence that PDMP scores accurately ascertain patient drug misuse risk. It is also questionable whether clinical reliance on PDMP risk scores is truly voluntary, given that the regulatory environment leaves providers with little choice but to take seriously the information generated by proprietary PDMP algorithms.”

The DEA’s software criminal forensic tools use evidentiary plausibility standard that misrepresents the statutory, beyond a reasonable doubt, criminal evidence standard. 

A public/private partnership named HFPP (Healthcare Fraud Prevention Partnership) selects physicians based on race, gender, age, financial assets, real estate, and nation of origin as a suspect class, preventing those physicians from practicing medicine in a race or gender-neutral manner by coordinating selective enforcement of the Controlled Substance Act. 

Under the “State Involvement Doctrine,” such behavior is improper because the software scheme violates the 14th Amendment, the Equal Protection Clause of the U.S. constitution. 

The software data analytic services or data is sold to HFPP for cash or in-kind data information. The HFPP uses the data analytics used to manufacture probable cause to induce and coordinate criminal proceedings via an improper standard of evidence. Such behavior occurred in violation of 5 C.F.R. § 2635.501 – 503 (Subpart E – Impartiality in Performing Official Duties)

PRESCRIPTION RACISM

Professor Oliva further states:

“Most states have enacted laws or regulations that require providers to review patient PDMP data before issuing prescriptions for PDMP-monitored drugs and mandate that dispensers report detailed prescribing data to PDMP before supplying those drugs to patients. 

In addition, law enforcement agencies like the DEA utilize PDMP data to surveil prescribers, dispensers, and patients and determine whether providers are prescribing or dispensing controlled substances to patients to warrant a criminal investigation. 

Given the potential consequences of being deemed an overprescribed or over dispensed by the DEA, ranging from criminal investigation to controlled substance licensure suspension and revocation to arrest and incarceration, it is fair to conclude that PDMP surveillance impacts prescribing and dispensing decisions.”

HEALTHCARE LAW AND POLICY AMICUS BRIEF IN SUPPORT OF PETITIONER RUAN vs. UNITED STATES N0. 20-1410, JENNIFER D. OLIVA, COUNSEL OF RECORD

FOR NOW, YOU ARE WITHIN

YOUAREWITHINTHENORMS.COM, BENJAMIN CLEMENTINE “THE NEMESIS” LONDON ENGLAN 2015

THE NORMS

REFERENCE:

JENNIFER OLIVA’S

DOSING DISCRIMINATION: REGULATING PDMP RISK SCORES

DOJ-DEA TARGETED HEALTHCARE PROVIDERS (DOCTORS OF COLOR), BY NITIN P. HERBERT MD

DOCTOR HARVEY GOES TO JAIL

HARVEY JENKINS MD.,PHD., HARVARD TRAINED ORTHOPEDIC SPINE SURGEON, OKLAHOMA

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