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, 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
THE CRIMINALIZATION OF CARE
THE DEHUMANIZATION OF KENJI
There aren’t going to be any wins. This is prohibition. Going below the amount of prescriptions written in 2000 for pain medication. Just how low do they intend to go? And we can’t even get that question answered. I took my little dog out to potty at around 4:30. Everything was great, she’s sniffing around a bush. Next thing I know, she’s shaking her left paw, holding it up.
Now, mind you, I have nerve damage in my abdomen and am unable to bend down to her. I have to get down on my knees, and even then, it’s incredibly difficult and aggravates the nerve damage. This is not really living. I have moments where I think it might be ok. But for the most part, it’s gloom and doom. I apologize for my attitude. I don’t want to be like this. I want to see the joy in life, not all the turd. Perhaps I’ve had my chance, and this is the end; it’s not as though the entire trip was bad. Some moments keep us coming back. I pray for you, Dr Norm. I know it’s also been incredibly difficult for you.
Why hasn’t any doctor tried using the Federal Courts to issue an emergency injunction? Brandy says she’s going to file today (we finally talked yesterday afternoon in Bangor, Maine). I don’t know what the odds are; my hunch is very, very low.
Ken Pettingill
INTRODUCTION
The provided argument primarily consists of a Motion to Dismiss a Superseding Indictment in a federal criminal case, accompanied by extensive legal analysis and strategic recommendations regarding healthcare regulation, particularly related to controlled substances, medical delegation, and professional ethics.
The motion is structured around three primary arguments: first, that the Controlled Substances Act (CSA) conspiracy charge fails because the indictment does not allege specific violations of Pennsylvania’s defined “usual course of professional practice” or lawful delegation rules; second, that the healthcare fraud charges lack legal basis due to vague definitions of “medical necessity” and mischaracterizations of routine, lawful practices like considering insurance formularies or waiving copayments; and third, that the money laundering charges are invalid because they are derivative of the flawed fraud and CSA accusations.
ARGUMENT
The central argument of the motion asserts that the federal government oversteps its authority by attempting to criminalize medical judgments governed by Pennsylvania’s specific state regulations and professional guidelines, wickedly intelligent, arguing that the indictment lacks specificity and relies on unconstitutionally vague terms, such as “medical necessity.”
The analysis reinforces these points by detailing the multi-layered legal framework from federal non-interference principles and DEA rules to state medical practice acts and AMA ethical standards, highlighting how the prosecution’s theory may contradict established legal precedents and professional obligations, especially when confronted with profit-driven prescribing schemes.
What is the core principle of federalism in healthcare as outlined in 42 U.S.C. § 1395(a)?
This statute prevents federal officers from supervising or controlling the practice of medicine or the manner of medical service provision. It essentially reserves the primary authority to regulate medical practice to individual states, limiting federal interference in clinical judgments.
According to United States v. Moore, when does a prescription violate the Controlled Substances Act (CSA)? A prescription violates the CSA if it is issued without a legitimate medical purpose or falls outside the “usual course of professional practice.” The “usual course of professional practice” is defined by state law and professional standards, not by federal prosecutors.
How do Pennsylvania’s Chronic Pain Guidelines reinforce the “usual course of professional practice” for Schedule II prescriptions?
The Pennsylvania Chronic Pain Guidelines, enabled by 35 P.S. § 780-113(e), mandate a Prescription Drug Monitoring Program (PDMP) check before any Schedule II prescription. This requirement defines a specific, legally recognized step within the usual course of professional practice in Pennsylvania.
CONCLUSION
The documents collectively present a robust defense strategy centered on federalism, due process, and the specific requirements for proving healthcare fraud and controlled substance violations.
The defense contends that the indictment violates fundamental principles of federalism, due process, and separation of powers by allowing federal prosecutors to define medical standards, a role reserved for state regulatory bodies.
Dr. Wrenn’s martyrdom cannot be in vain. His life was a flame lit in resistance against a rising darkness. It is now our burden, and our honor, to carry that light forward. Rest in peace, old Brother. Rest in peace!
“First, they ignore you. Then they laugh at you. Then they fight you. Then you win.” —
Mahatma Gandhi
OR SEND
TO CASH APP:$docnorm
ZELLE 3135103378
ALL WATCHED OVER BY MACHINES OF LOVING GRACE
BE SURE TO DONATE TO THE MARK IBSEN GOFUNDME DEFENSE FUND, WHERE THE SON ALWAYS RISES!!!
FOR NOW, YOU ARE WITHIN
REFERENCES:
THE OPIOID CRISIS SCAM OF THE AMERICAN JUDICIARY
