A PROPOSED PHYSICIAN BILL OF RIGHTS: A PATHWAY TO PRACTICING THEIR PROFESSION WITHOUT UNDUE INTERFERENCE OR COERCION

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 R> RUSSO, MD., AISHA GARNER, NANCY SEEFELDT, WILLIE GUINYARD BS., JOSEPH WEBSTER MD., MBA, BEVERLY C. PRINCE MD., FACS., NEIL ARNAND, MD., RICHARD KAUL, MD., IN THE SPIRIT OF 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

Physician’s Bill of Rights

Unless we put medical freedom into the constitution, the time will come when medicine will organize into an undercover dictatorship and force people who wish doctors and treatment of their own choice to submit to only what the dictating outfit offers.- Attributed to Dr. Benjamin Rush’s viewpoints

Preamble

Following Dr. Benjamin Rush’s vision, who warned against the potential for medicine to become an “undercover dictatorship” without medical freedom being enshrined in the constitution, this Physician’s Bill of Rights aims to protect physicians’ rights and ensure fair and just treatment within the medical and legal systems. This document incorporates key elements to safeguard due process, transparency, and accountability, ensuring physicians can practice their profession without undue interference or coercion.

Constitutional Articles

Article I: Medical Autonomy

1. Right to Medical Judgment: Physicians shall have the authority to use their professional judgment in diagnosing and treating patients. This includes the freedom to prescribe treatments they deem necessary without interference from governmental entities, insurance companies, or other third parties.
2. Choice of Treatment: Physicians shall have the right to offer and administer treatments, both conventional and alternative, based on the best interests of their patients. Patients shall have the right to seek and receive treatments from the physician of their choice.
3. Protection of Medical Freedom: No physician shall be coerced into providing treatments that conflict with their professional judgment or ethical beliefs. Physicians shall not be penalized for refusing to administer or recommend treatments that they consider harmful or ineffective.

Article II: Due Process and Fair Treatment

1. Right to Notice and Fair Hearing: Physicians shall be provided with written notice of any complaints or investigations against them within seven days of receipt by the relevant authorities. This notice must include the complainant’s name and a detailed complaint description.
2. Impartial Investigation: Physicians have the right to a fair and unbiased investigation. If a physician believes an investigator is biased, they may request the investigator’s removal. Should this request be denied, the physician is entitled to an evidentiary hearing on the matter.
3. Access to Evidence: All evidence gathered during an investigation must be disclosed to the physician and their legal counsel. This includes the right to full discovery and the ability to issue interrogatories and deposition requests to all involved parties.
4. Right to Confront Accusers: Physicians shall have the right to confront their accusers and any witnesses in any judicial or quasi-judicial proceeding. Anonymous hearsay testimony shall not be permitted.

Article III: Protection Against Retaliation

1. Freedom from Retaliation: Physicians who raise concerns about patient safety, report unethical practices, or advocate for patient rights shall be protected from retaliation. This includes protection against threats, harassment, and unjust disciplinary actions.
2. Legal Recourse: Physicians subjected to retaliation shall have the right to seek legal recourse, including the ability to sue individuals and entities responsible for retaliatory actions.

Article IV: Oversight and Accountability

1. Independent Oversight: An independent oversight body shall be established to review and supervise the actions of governmental and regulatory agencies involved in physician discipline. This body shall ensure compliance with due process and prevent conflicts of interest.
2. Regular Audits: An independent entity shall conduct regular audits of regulatory agencies to ensure transparency and adherence to fair process rights. These audits shall include interviews with physicians and public members who have interacted with these agencies.

Article V: Retroactive Protections

1. Retroactive Application: The rights and protections outlined in this Bill shall apply retroactively for a period of fifty years. Physicians who have been sanctioned, prosecuted, or incarcerated within this period may request a reevaluation of their cases under these provisions.
2. Review of Past Cases: Physicians whose cases occurred prior to the enactment of this Bill shall have the right to have their cases reopened and heard in a court of their choice without additional charges or fines imposed by the state.

Article VI: Emergency Provisions

1. Emergency Suspension: In cases where the state believes a physician poses an immediate threat to public safety, the state may seek an emergency injunction to restrict the physician’s practice. The physician must be allowed to present evidence and be heard by an oversight entity within ten business days.
2. Prompt Hearings: Physicians shall have the right to a prompt hearing on any issue involving the government, which will be held within thirty days except in cases of emergency suspensions.

Required By-Laws for Administrative Agencies

Introduction

The Physician’s Bill of Rights By-Laws were established to protect the integrity of the medical profession, ensure physicians’ autonomy, and uphold the fundamental principles of medical ethics and patient care. They are committed to preserving the freedom of medical practice and safeguarding the rights of physicians and patients. 

This Physician’s Bill of Rights seeks to uphold the integrity of the medical profession and protect physicians from unjust practices. It ensures that physicians can serve their patients and communities with the freedom and support necessary for effective medical practice.

Section 1: Right to Fair Investigation and Notice

1. Notification of Complaints
   • Physicians shall receive written notice of any complaints against them within seven days of the relevant authority receiving the complaint. The notice must include the complainant’s name and a detailed description of the complaint so that the accusations can be understood clearly.
2. Investigation Integrity
3. Physicians have the right to request the removal of an investigator if there are valid reasons to believe that the investigator is biased, hostile, or unfair. If the request is denied, the physician can seek a hearing for recusal of the investigator.
4. Recommendation and Evidence
5. Investigators must write to the executive director and the physician within 30 days of completing the investigation, providing their conclusions and supporting evidence.

Section 2: Right to Legal Representation and Hearing

4. Legal Counsel
5. Physicians have the right to be accompanied by an attorney at any meeting with investigators, executive directors, or board members. No individual involved in the investigation shall refuse to meet with the physician because their attorney is present.
6. Hearing Rights
7. Physicians have the right to a prompt hearing within 30 days on any issue regarding the government, except in special circumstances regarding emergency suspensions and revocations.
8. Right to Confront Accusers
9. No anonymous hearsay testimony shall be allowed in any judicial or non-judicial setting. Physicians have the right to confront their accusers and witnesses.

Section 3: Due Process and Oversight

7. Oversight and Supervision
8. Government investigators must operate under the oversight of a Board of Investigators to ensure accountability. This board will handle public and licensee complaints regarding state board investigators.
9. Audits and Transparency
10. The relevant government body shall be audited annually by an independent agency with no ties to the state or medical associations. The audit will include interviews with public members and licensees to ensure compliance with constitutional and fair process rights.
11. Prohibition of Ex Parte Communication
12. Ex parte communication between government private actors and any judge is prohibited and subject to termination, fines, or criminal charges.

Section 4: Rights During and After Investigations

10. Ongoing Investigation Notifications
11. If an investigation extends beyond 30 days, the physician must be notified that the investigation is ongoing. Failure to notify will result in dismissal of the case.
12. Access to Case Files
13. Physicians and their legal counsel have the right to access the entirety of their case file, including tapes, transcripts, and all correspondence, within five business days of the request at no cost.
14. Retroactive Application
15. The provisions of this bill apply retroactively to any investigation that commenced before the effective date of this bill and any hearing conducted after the effective date based on such investigations.

Section 5: Emergency Procedures and Appeals

13. Emergency Suspensions
14. In cases where immediate action is necessary to protect public safety, the government must obtain confirmation from an oversight entity before suspending or terminating a physician’s license. The physician must be allowed to present information to the oversight entity.
15. Right to De Novo Review
16. Physicians have the right to a de novo review of any action taken by the board within 60 days in a United States Circuit Court of their choice.
17. Contractual Protections
18. No contract with the government shall require a physician to waive any legal or constitutional rights, including access to courts, due process, discovery, evidence, or any rights established by this bill.

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