Summary
State medical boards, often lacking accountability, can unfairly target physicians for minor infractions, leading to career-threatening consequences. This overreach, driven by potential greed and a lack of transparency, harms physicians, patients, and communities by diverting resources from addressing genuine threats to public health. Urgent reform is needed to restore balance and fairness, including increased transparency, independent oversight, and due process for physicians.
from youarewithinthenorms.com
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., SPIRIT OF REV. IN THE SPIRIT OF WALTER R. CLEMENT BS., MS, MBA. HARVEY JENKINS, MD, PH.D., IN THE SPIRIT OF C.T. VIVIAN, JELANI ZIMBABWE CLEMENT, BS., M.B.A., IN THE SPIRIT OF THE HON. PATRICE LUMUMBA, IN THE SPIRIT OF ERLIN CLEMENT SR., EVELYN J. CLEMENT, IN THE SPIRIT OF WALTER F. WRENN III., MD., JULIE KILLINGSWORTH, RENEE BLARE, RPH, DR. TERENCE SASAKI, MD 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., IN THE SPIRIT OF LEROY BAYLOR, JAY K. JOSHI MD., MBA, AISHA GARDNER, 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
BY
Dr. Kayvan Haddadan, MD
Reforming medical boards is critical to saving patient care,” argues that state medical boards are failing both physicians and patients due to an overzealous pursuit of minor infractions against doctors while often neglecting serious malpractice. This “overreach” by boards, driven by factors like greed, a lack of accountability, and opaque processes, forces physicians into costly legal battles or punitive sanctions, leading to burnout, departures from the profession, and reduced access to care, especially in underserved areas. The article calls for urgent reform, emphasizing the need for transparency, independent oversight, and due process for physicians to restore balance, fairness, and trust in the healthcare system.
Why reforming medical boards is critical to saving patient care
Imagine a dedicated physician, after years of rigorous training and countless lives saved, facing a medical board complaint over a minor issue—perhaps a clerical error in documentation or a subjective interpretation of a clinical decision. What should be a straightforward matter escalates into a career-threatening ordeal.
State medical boards, endowed with significant authority, often wield it with little accountability. Armed with prosecutors who prioritize winning over truth, boards can distort facts, rely on questionable “expert” testimonies, and dismiss the input of respected colleagues.
Physicians, trained in medicine, not law, are ill-equipped to navigate this adversarial process. They face a brutal choice: drain their personal savings fighting a costly legal battle or accept punitive sanctions that may restrict or end their ability to practice.
In the U.S., a 2021 CBS News investigation revealed that state medical boards, often composed of physicians selected by state governors, frequently fail to discipline doctors for malpractice while aggressively pursuing minor or questionable infractions, leaving physicians vulnerable to unfair sanctions.
The financial and emotional toll on physicians is staggering. Legal defense costs can exceed tens of thousands of dollars, and the stress of prolonged investigations can lead to burnout, mental health challenges, or even departure from the profession. A 2013 study noted that medical boards reprimand less than 0.5 percent of physicians annually, yet these actions often target character-based issues rather than clinical competence, further illustrating a focus on punitive measures over patient safety. This misallocation of resources distracts from addressing genuine threats to public health.
The consequences of medical board overreach extend far beyond the individual physician. Every doctor sidelined by frivolous or overzealous disciplinary actions represents a loss of expertise, trust, and access to care for entire communities. In rural or underserved areas, where physician shortages are already acute, the removal of even one doctor can have devastating effects.
Patients face longer wait times, reduced access to specialists, and strained emergency services. The ripple effect is profound: a 2021 report from the Federation of State Medical Boards (FSMB) noted that boards’ actions, while intended to protect the public, can inadvertently exacerbate health care disparities when they disproportionately target competent physicians over minor issues.
For example, in California, critics have pointed to the influence of powerful lobbying groups like the California Medical Association, which may prioritize protecting the profession’s image over ensuring fair disciplinary processes.
A 2021 CBS News analysis found that the California Medical Board issued lenient punishments in nine out of ten cases, often allowing doctors with repeated negligence to continue practicing, while aggressively pursuing less severe cases. This inconsistency not only undermines public trust but also diverts resources from addressing serious misconduct, leaving patients vulnerable.
Every physician lost to overreach means fewer hands to treat chronic illnesses or respond to emergencies, weakening the health care system’s foundation.
The hidden motive: greed and power
Perhaps most troubling is the potential for greed to drive medical board overreach. Some boards exploit their authority to impose hefty fines or sanctions, turning oversight into a profit-driven enterprise. A 2016 analysis by Simas & Associates highlighted how slow, bureaucratic processes can prolong investigations, increasing financial and reputational damage to physicians, even when complaints are baseless.
Prosecutors, motivated by career advancement or pressure to maintain conviction rates, may push cases built on shaky evidence, as seen in the case of Dr. Bay, where the board’s actions were later deemed unlawful.
This profit motive is compounded by a lack of transparency. A 2023 audit of the North Carolina Medical Board found that restricted access to investigation records limited oversight, leaving the public unable to assess whether boards adequately protect patients.
Similarly, in Massachusetts, a 2019 report criticized the Board of Registration in Medicine for inadequate oversight of physician health programs, raising concerns about fairness and accountability. When boards operate in secrecy, they risk prioritizing self-interest over public welfare, eroding trust in the regulatory system.
A call to action: Restoring balance and fairness
The crisis of medical board overreach demands urgent reform. Transparency must be prioritized, with clear, consistent standards for investigations and disciplinary actions.
Boards should be required to publish detailed reports on their processes and outcomes, as suggested by a 2020 audit of Massachusetts’ medical board. Independent oversight, including non-physician members, can reduce bias and ensure fairness, as evidence suggests boards with diverse membership impose more equitable discipline.
Physicians must be afforded due process, including access to affordable legal representation and the ability to appeal decisions without excessive financial burden. The Texas Medical Board’s process, which allows for informal hearings and remedial plans for minor violations, offers a potential model, though it still requires greater transparency to prevent abuse. Patients, too, deserve a system that prioritizes their safety without sacrificing access to care.
Medical board overreach is a tragedy that harms everyone—physicians lose their livelihoods, patients lose access to care, and communities lose trust in the system.
By shining a light on this corruption, we can demand accountability and protect the healers who dedicate their lives to our well-being. It’s time to unite—patients, physicians, and advocates—to reform a broken system and ensure a health care future where no one loses. The stakes are too high to remain silent.
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Three member ad hoc liaison peers to advice med board w/o voting power similar to concept of abundsman
on the delivery of in a complaint the physician is to meet with a board member of the physicians choosing to review the complaint
no lawyer should conduct an investigation without personal contact with board members prior to any determination to review the preliminary reports
One of the issues is boards are not always being composed of physicians within the specialty of the accused doctor.
if records are reviewed then peer review is mandated otherwise board
members need not be peers (i am an internist and my records were reviewed by an unknown person that obviously was an anesthesiologist. There’s something also no records should be reviewed without the defendant being able to review the CV and to challenge the hiring with state money of a reviewer much as the Dubert decision in federal trials
Let’s not forget the unlawful and unconstitutionally discriminatory conducts of the Boards of Pharmacy – The California State Board of Pharmacy – refusing to discipline self-serving, insecure and fearful Retail Pharmacists who have been practicing “Medicine” without a Medical License by Denying Legitimate, Lawful, Moderate Potency Opioid Prescriptions submitted by Expert Pain Management Specialists for ADA-Protected, Chronic Pain Patients, including our Veterans.
“WE DON’T FEEL COMFORTABLE TO FILL YOUR PAIN MEDICATIONS!”
Followed by false accusatory and threatening letters from CVS’ SECURITY DEPARTMENT IN ORDER TO
PREVENT SEVERE PAIN PATIENTS FROM CONTACTING CVS’ IMPOSTER PHARMACISTS FOR THEIR LEGALLY PRESCRIBED PAIN MEDICATIONS:
“DO NOT STEP INTO YOUR CVS STORE BECAUSE YOU ARE BEING BANNED FROM ALL CVS STORES NATIONWIDE FOR ASKING YOUR PHARMACISTS WHY THEY HAVE BEEN REFUSING TO FILL FDA APPROVED PAIN MEDICATIONS FOR THE ADA-PROTECTED CHRONIC PAIN PATIENTS!”
ABRUPT CESSATION OF LIFE SAVING MEDICATIONS WHICH HAVE RESULTED IN INABILITY OF THESE UNFORTUNATE CHRONIC PAIN PATIENTS TO TAKE CARE OF THEIR ACTIVITIES OF DAILY LIVING, THUS LOSING THEIR FAMILIES AND ALL MEDICAL SUPPORT SYSTEMS INCLUDING BEING ABANDONED BY PAIN SPECIALISTS, ABUSED BY IMPOSTER SELFISH RETAIL PHARMACISTS and their organizations’
Gestapo Tactics, leading to VIOLATIONS OF PATIENTS CIVIL RIGHTS, CAUSING SEVERE DEPRESSION & SEVERE WITHDRAWAL EFFECTS LEADING TO VIOLATIONS OF THE CRIMINAL LAWS, and SILENT SUICIDES OF LEGITIMATE PAIN PATIENTS!!