The Good Law is being ignored!

Dr. Weeks’ Comment:  “Medical Fascism” occurs when private industry (Big Pharma, Big Insurance, American medical Association, Federation of State Medical Boards etc. ) are able to control like puppets the various governmental agencies (state medical boards) who regulate the once free health care  market.  To use the power of the state to enforce preferential economic policies (harassment of alternative, integrative doctors) contrary to the law (see below) and contrary to the will of the free market is medical fascism.  

For a definition of fascism see    “Originally, “fascism” referred to a political movement that was linked with corporatism and existed in a single country (Italy).  Today in America your choice in health care is holistic integrative where you decide what is best for you in conjunction with your doctor  OR corporate medicine when you are simply a consumer of limited options offered by a government agency which decides what is best for you. 

What ever happened to the land of the “free” and the home of the “brave”?

Today the freedom to choose heath care options are being undermined through myriad forces conspiring to limit options, restrict choice and spread dis-information.  In the articles which follow in the days ahead, we will strive to inform you of your choices and to empower you to see clearly before you decide.

Here in the great State of Washington, where innovative and holistic doctors have pioneered freedom in health care, we find the most concerted effort to quash freedom of choice.  My understanding of human nature cautions me to always keep an eye on the money trail because, sadly, right behind fear, the drive for money and power trumps even love and good will all too frequently.

Therefore we will begin with a brief analysis of the troubling situation in the state of Washington:

Memo Summarizing Problematic Department of Health (DOH) Behavior

THE GOOD LAW

Over 25 years ago, the Washington State Legislature changed the laws in this state to allow alternative and unconventional medical practices.  The following is the relevant portion of Washington State RCW  18.130.180 (4), which the citizens and legislators inserted in order to guarantee health care choice, “to wit”

“The use of a nontraditional treatment by itself shall not constitute unprofessional conduct, provided that it does not result in injury to a patient or create an unreasonable risk that a patient may be harmed.”

That intent sounds reasonable and indeed this law reflects the spirit of citizens of  Washington State who think that they are entitled to freedom of choice in selecting among a variety of health care options.  (NOTE: Washingtonians LIKE being able to choose whatever type of health care they consider to be in their best interest!)

THE PROBLEM:

However, the Department of  Health (DOH) and the Washington Medical Quality Assurance Commission (MQAC) (influenced by financial support by Aetna Insurance company) is generally ignoring the law and persecuting integrative medicine providers solely on the grounds that they practice alternative or integrative medicine.  The MQAC is charged with overseeing standard allopathic (conventional) physicians, physicians that practice integrative medicine, and Naturopathic physicians.  The MQAC, by its own admission, has no expertise in any area outside of standard allopathic medicine.  This creates an ethical and practical problem since the board does not have the expertise to determine what constitutes appropriate professional behavior.

SO WHAT IS HARM?

Given RCW 18.130.010 Section 34, lines 4-7,  tries to keep the patient from being harmed, what exactly is harm?  “The use of a nontraditional treatment by itself shall not constitute unprofessional conduct, provided that it does not result in injury to a patient or create an unreasonable risk that a patient may be harmed.”  Well, the Federation of State Medical Boards in general, and the state of Washington in particular, are concerned with three categories of harm which may result from what they define as  “questionable”  health care practices which include:

 

1)    economic harm which results in monetary loss but represents no health hazard;

2)    indirect harm which results in a delay of “appropriate” (conventional or standard) treatments, and

3)    direct harm which results in inappropriate adverse patient outcome

Note that problem #1, the highest in their list or priorities, is where you spend your money, not whether your wrong leg is cut off (that is #3 above).  This law is being used to try and stop the flood of money you and your friends are spending on alternative doctor. It is an economic issue and not a heath issue and the concern about harm is really relevant to the conventional doctors who are losing income and not to you the patient. At any rate, how insulting that the State (lobbied by the medical associations)  presumes to know how you should best spend your money!  Of course, the term “unreasonable risk” in the law is a hole big enough to drive an ambulance through and a holistic doctor has little defense from this harassment. We have been trying to improve this law for 2 years.

WHO IS PRACTICING MEDICINE?                                                               Furthermore, the MQAC oversees all people who practice medicine in the state of Washington which, (and this may astound you) includes YOU, your GRANDMOTHER and your hypochondriac UNCLE, your kid’s soccer COACH –  NOT just MDs, DOs, DC’s. NDs, nutritionists, acupuncturists, etc.  The definition, (see below) is excessively broad:

RCW 18.71.011   Definition of practice of medicine ””

A person is practicing medicine if he does one or more of the following:

(1) Offers or undertakes to diagnose, cure, advise or prescribe for any human disease, ailment, injury, infirmity, deformity, pain or other condition, physical or mental, real or imaginary, by any means or instrumentality;


(2) Administers or prescribes drugs or medicinal preparations to be used by any other person;

(3) Severs or penetrates the tissues of human beings;

(4) Uses on cards, books, papers, signs or other written or printed means of giving information to the public, in the conduct of any occupation or profession pertaining to the diagnosis or treatment of human disease or conditions the designation “doctor of medicine”, “physician”, “surgeon”, “m.d.” or any combination thereof unless such designation additionally contains the description of another branch of the healing arts for which a person has a license: Provided however, that a person licensed under this chapter shall not engage in the practice of chiropractic as defined in RCW 18.25.005.

To review, one is practicing medicine in the state of Washington and are subject to fines or imprisonment if one:

     (1) Offers or undertakes to diagnose, cure, advise or prescribe for any human disease, ailment, injury, infirmity, deformity, pain or other condition, physical or mental, real or imaginary, by any means or instrumentality;

Consider the implications of this language! When your Mother warns: “Put some sunscreen on to prevent skin cancer” she is committing a crime of practicing medicine without a license. When a Grandma suggests to a grandchild:  “You seem tired. Take a nap” she is committing a crime of practicing medicine without a license.  When you as a parent and soccer coach advise:  “Put some ice on that swollen ankle” you are  committing a crime of practicing medicine without a license.  When your sister offers: “You need a band-aid for that cut.”, yes, she is committing a crime of practicing medicine without a license.  And your tennis partner urges you to “Drink some water to re-hydrated in this heat.”  she too she is a criminal under this unjust law. All these people are performing illegal services, unless they are licensed to practice medicine. What nonsense.

SOLUTION                                                                                                           Americans are in the habit of having freedom to choose. Today that freedom is being restricted along with many other freedoms we have taken for granted and not guarded.

Patients of mine are now getting into the habit of calling their elected representatives and insisting that they 1) enforce the current law for choice in health care RCW 18.130.180(4);  2)  and stridently correct the unethical and unpopular actions of the Department of Health and its MQAC,  3) define the practice of medicine fairly so that mother and coaches and yoga instructors “this stretch will help your back pain” cannot be charged with practicing medicine without a license.

We need to make the change we desire. Today your innovative holistic doctors require your help if they are to be able to help you in the future.  Please consider sending a generous tax- deductible financial contribution to help me fight to maintain the right to offer you choice in health care. Any check out to “OMSJ” and marked  “Weeks Legal Defense Fund” and sent to  PO Box 304 Clinton WA 98236 would be well-used and greatly appreciated!

Be informed. Stay free.  Be Brave.

Bradford S. Weeks, M.D. (license suspended, March 2013 for giving HGH legally to diseased patients all of whom felt his care was excellent).   See this link  for the whole story:  http://weeksclinic.com/about/our-clinic/

 

For more about Corrective Health and the fascist actions by medical boards who do the bidding of the Federation of State Medical Boards  – see this link: HERE

 

 

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Dr. Weeks’ Comment:  “Medical Fascism” occurs when private industry (Big Pharma, Big Insurance, American medical Association, Federation of State Medical Boards etc. ) are able to control like puppets the various governmental agencies (state medical boards) who regulate the once free health care  market.  To use the power of the state to enforce preferential economic…
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