“IF EVER ONE THINKS THEY’RE TOO SMALL TO MAKE CHANGES, THEN THEY HAVE NEVER SLEPT IN A TENT WITH A MOSQUITO !!!”
REPORTED 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
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Felix Brizuela D.O.
1103 Red Oak Drive
Harrison city, PA 15636
Plaintiff
vs.
W.V. Board of Pharmacy
2310 Kanawha Blvd E.
Charleston, WV 25311
Defendant
August 29, 2022
On October 2015, my office was raided by the DEA, who claimed, based on a false premise and assertion, that I was unlawfully prescribing prescription Benzodiazepines, and Opiate medications that are FDA approved. I had no clue what they were talking about.
They even went so far as to identify me as a pain specialist, improperly. However, I am a board-certified neurologist authorized by law to treat , prescribe, and dispense these classes of medications more further who have been boarded three times, since 1997 (see §841(a)(1) and § 1306.04(a)),(1).
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- United States v. Khan, 989 F.3d 806, 825 (10th Cir. 2021), vacated and remanded by Ruan, 142 S.Ct. 2370 (holding that “§841(a)(1) and § 1306.04(a) require the government to provide that a practitioner-defendant either: (1) subjectively knew a prescription was issued not for a legitimate medical purpose; or (2) issued a prescription that was objectively not in the usual course of professional practice”)
Law Enforcement has no business defining medicinal procedures and or outcomes.
Many of the conditions we treat, such as neuropathy, spasticity, and Parkinson’s disease, are accompanied by chronic pain. Chronic pain is defined as continuous pain for at least 3 months with no ongoing pathology that could be addressed to reverse the pain. The only approved treatment when more conservative pain treatments such as gabapentin, mexiletine, tricyclic anti-depressants, and anti-convulsants fail are prescription opiate analgesics.
Anti-inflammatory medications and acetaminophen are not approved for long-term pain treatment due to severe liver, GI, and renal toxicity, and prescribing for that purpose is immoral and malpractice. I was not worried at the time because I only prescribed for legitimate medical purposes, which I documented on the record, such as CIDP, other neuropathy, other neurogenic pain, and occasional severe arthritis (very common in West Virginia since it is a blue-collar, working-class state) and other chronic conditions accompanied by severe chronic pain.
LAW ENFORCEMENT INTRUSION INTO PERSONNEL PATIENT MEDICAL CARE
The charts they confiscated included 26 patients they claimed died of drug overdoses. They later gave me a list of all the charts they confiscated. These patients all had severe chronic diseases, but only half of them had ever been on prescription opiates. Those that had been on prescription opiates had stopped them years or months ago, so their deaths had nothing to do with prescription opiates. They died of conditions such as cancer and congestive heart failure.
So, I was even more confident. That day, the DEA agent that spearheaded this investigation asked me to turn in my schedule 2. I was not concerned because the only scheduled drugs I needed to prescribe included anticonvulsants such as Vimpat. I could live with non-schedule 2 drugs such as Ultram, which has zero abuse potential and does not cause respiratory depression.
Many healthcare professionals, sadly including pharmacists, mistake dependency for addiction. Dependency refers to someone stopping a drug prescribed which is prescribed for legitimate medical reasons, such as anti-seizure drugs, and suffering either the effects of what the drug was prescribed for, such as a seizure if they were taking anti-seizure drugs for epilepsy or withdrawal from such as occurs with opiates and tri-cyclic anti-depressants. Addiction is defined as:
” The use of illegal drugs or the use of prescription or over-the-counter drugs for purposes other than those for which they are meant to be used, or in excessive amounts. Drug abuse may lead to social, physical, emotional, and job-related problems”.
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2. https://www.cancer.gov/publications/dictionaries/cancer-terms/def/drug-abuse
THE SYSTEMATIC PROCESS OF CRIMINALIZATION OF MEDICARE AND YOUR DOCTOR
Exactly one year later, they returned, accompanied by the FBI. They invaded my home as well. Eventually, I was indicted in the Northern District of West Virginia. I was convicted of prescribing drugs for no legitimate medical purpose.
They could not prove that I did not prescribe for real medical conditions or that the quantity or doses were not appropriate. They resorted to urine drug screens. People had indiscretions such as Xanax in a patient with CIDP inwhich their psychiatrist prescribed as a prn for bipolar disease. I documented that a psychiatrist legitimately prescribed it, but they considered it a crime anyway. They are claiming that I should have kicked the patient out.
DANGEROUS CDC MIS-GUIDED SO-CALLED GUIDELINES PROMOTE PREDATORY PROSECUTIONS OF HEALTHCARE PROVIDERS
When it was all done, with 15 urine drug screens and 15 counts, I was sentenced to 48 months in prison. The 2016 and 2022 CDC guidelines on prescribing prescription opiates both state that urine drug screens are not mandatory due to the very high false negative and positive rates but SHOULD be used as a monitoring tool at least ONCE a YEAR.
They forbid the screens from being used to determine if a patient is a drug addict. They also state that never should a person be judged or kicked out of the practice for indiscretions in their urine drug screens. They state that if the person is a drug addict and has chronic pain, the physician’s ethical duty is to treat the opiate for pain anyway.
One must balance addiction and monitoring with proper pain management. Never is a person to be kicked out. If a person ends up in jail due to drug abuse or diversion, it is not the doctor’s fault for the patient unless there is proof that they not prescribing for legitimate medical purposes.
US SUPREME COURT RUAN vs. the UNITED STATES
In a recent SCOTUS decision in Ruan vs. the USA and a previous SCOTUS decision from 1925 Linder vs. the USA, it is stated that the government or any other entity is ever to come between a patient or a doctor, whether it be related to opiates or other medication.
Any dosing, frequency, length of use, and diagnosis, no matter how extreme it may seem to others, including other doctors, is only between that doctor and that patient.
They define this as good faith. Diversion is only when there is suspicion that there was prescribing outside the doctor’s practice and with no disease state documented. The plaintiff must prove mens rea that the physician did this knowingly and willingly.
DOCTORS imprisoned by OUR government for treating THE medical DISEASE OF pain
I served seven months, and my conviction was unanimously overturned by the 4th appellate circuit and remanded for a new trial. I was assigned a public defender by the court. I thought this gentleman appeared somewhat shady. I asked the court for another public defender. They answered no, which was a violation of my rights. This gentleman talked me into a plea deal of time served and one charge. I know now that many judges are getting kickbacks for putting doctors in prison. Such as a recent case in South Carolina.
I told him that I wanted to go to trial, but he told me I did not have a chance. Later, he admitted undersigned affidavit that he did not review the discovery. The Pennsylvania Attorney General’s office is investigating him, and I have sued him for malpractice and the original attorney in my case.
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When Congress enacted the Controlled Substances Act, it recognized that many drugs and substances regulated under the statute “have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the American people.” 21 U.S.C. § 801(1). Congress, therefore, established five schedules to classify drugs and substances based on their accepted medical use for treatment, the relative potential for abuse, and the likelihood of dependence if abused. S e id. § 812.
RUAN, KHAN vs. DOJ-DEA 9-0 RULING BEFORE SUPREME COURT UNITED STATES THE CONTROLLED SUBSTANCES ACT ONLY CRIMINALIZES ACTIVITIES OUTSIDE THE USUAL COURSE OF A DOCTOR’S PROFESSIONAL PRACTICE.
At the time, I had no plea deal, the PA board would not answer my requests for my license reinstated, and I could not secure a job due to previous and present felony. All my cars were repossessed, and my home is up for sheriff’s sale on September 6, 2022. I am not able to provide for my only son, who is autistic.
The DEA and FBI initiated the investigation against me due to my being reported by the defendants. A local pharmacist refused to fill a prescription for long-term opiates for a patient with severe autoimmune disease. She played doctor and pharmacist. It is illegal for pharmacists to play doctor.
This pharmacist did not have the decency to call me. Pharmacists can refuse to fill, BUT they MUST call the doctor and discuss. This pharmacist showed no remorse in possibly harming the patients, which she did. I reported this pharmacist to the board of pharmacy. Rather than investigating, they called the DEA and reported me.
The pharmacy board or pharmacists are not allowed to report confidential patient information to the DEA or any other entity (see attached exhibits). The DEA had no authority to use information from the pharmacy board or pharmacists. In such a case, it is the DEA’s duty is to call and discuss this with the doctor.
[t]he [CSA] and our case law amply support the conclusion that Congress regulates medi- cal practice insofar as it bars doctors from us- ing their prescription-writing powers as a means to engage in illicit drug dealing and trafficking as conventionally understood. Beyond this, however, the statute manifests no intent to regulate the practice of medicine generally.
FEDERAL LAW ENFORCEMENT AGENCIES ARE UNQUALIFIED TO DETERMINE WHETHER DRUGS “HAVE A USEFUL AND LEGITIMATE MEDICAL PURPOSE
Instead, they instituted a criminal investigation without fact-checking. During their raids, the DEA agent did not want to discuss. Just due everything, it is their power to prosecute the doctor without no due process
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As a result of this unjust investigation initiated by the defendants, I lost my medical license, DEA registration, and my ability to make a living and support my family. We know that the HFPP, the Health, Fraud, and Prevention ordered by Donald Trump and spearheaded by former Attorney General Jeff Sessions, uses illegal spying on doctors and the public by Qlarant. A violation of the 4th amendment.
Qlarant uses non-medical data analysis tools, which are not approved or condoned by the FDA, to single out doctors who are guilty of fraud and abuse, including prescribing prescription opiates for no legitimate medical purpose. They send this data to the health insurance industry, who instead send it to medical boards, the DEA, FBI, and DOJ for criminal investigation.
Once incarcerated, the health insurance industry, especially Blue Cross and Blue Shield, has one less doctor to pay. Thus, the health insurance industry makes more profits. The health insurance industry profited $500 billion in 2020. Health insurance company lobbyists paid congress $300 million that year.
Not only does Congress know how to explicitly delegate the authority to regulate controlled substance prescribing to a federal agency, it has done so in one— and only one—narrow category: opioid use disorder (OUD) treatment. Id. at 271 (holding that 42 U.S.C. § 290bb-2a is the only arena in which Congress has set federal medical standards and “indicates that when Congress wants to regulate medical practice in the given scheme, it does so by explicit language in the statute”); see also Anderson et al. at 98 (“Despite the longstanding norm of federal noninterference in medicine, . .
EVEN AS A KNOWLEDGEABLE PHYSICIAN, THE STRESS HAS UNDERMINED MY FAMILY’S HEALTHCARE
As a result of the stress, I suffered a heart attack with heart failure. I have no history of high cholesterol, uncontrolled high blood pressure or diabetes. I am Hispanic and that is a risk factor, but only with Vitamin D deficiency. My vitamin D is normal. Neither one of my parents nor my sisters had heart disease. We now know that heart disease is caused mainly by inflammation. Chronic stress causes cortisol release, which induces inflammation.
I had a heart attack in 2008 when I was being sham reviewed by Trinity West Hospital in Steubenville, Ohio. As noted above, this has caused severe permanent harm to my family and me. The defendants are guilty of practicing medicine without a license and eventually initiating unlawful prosecution.
The defendants violated 18 U.S. code 241 and caused permanent harm to the mental health of my family. Especially our autistic son where they demonstrated their greatest distain of humanity by seizing his specialty programed learning I-Pad which has never been returned to him. My wife lives with severe chronic anxiety due to the stress, and it has caused permanent physical damage to me.
I have lost millions in earnings, including future earnings, due to the defendant violating my civil right to employment by initiating this investigation.
This was done to me by the defendant and the pharmacist out of bitterness and prejudice with no regard for the patient’s well-being.
Sincerely,
Felix Brizuela D.O.
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Great! Father son pic with little Felix😂
This is damn criminal, how can any of you prosecuting this important member of your medical community in what was a targeted setup under false pretences and think this is somehow justice. Give in your credentials and become janitors, there is a current shortage. YOU are not doing service to the people of the USA. What you are doing is and should be charged as such an illegal act, bullying tactics only work so long as the bully doesn’t fight back. Most of us learned that in elementary school but I guess you are slow learners. You don’t get to destroy lives under the false pretence of getting drugs off the street. We all know it’s lies you use and a system that protects its own at any cost, there’s no justice in that. Godspeed Felix and familia.
I believe the US response to the fentanyl overdoses has become a human rights violation against people in need of opioids to manage their medical conditions.
I want to present it as such to the UN Human Rights Council to bring more international attention to the clear fact that the US/DEA has overstepped its authority by interfering with medicine, leading to the suffering and deaths of Americans with painful diseases.
It may not lead to immediate change, but it will force this issue into the conscience of the international community, in the same way it did for the Native American community when they presented their grievances to the UN Human Rights Council against the US Government a few years ago.
Would you consider joining me and others on a trip to Geneva to address the HR Council, to tell your story?
Thank you for your time and for reading this. I hope you will feel inclined to respond.
Shelley D. Neth
Ft. Collins, Colorado
Yes