More on the Texas Medical Board Fiasco

[Guest guest]

October 17, 2007

Dear Colleague,

" Those who desire security over liberty deserve neither, " wrote

lin, admonishing lukewarm colonial leaders who were hesitant to oppose

England.

Our founding fathers were confronted with the tyrannical actions of the

British who denied them liberty. They united together together to throw off the

yolk of oppression and secure for themselves and their posterity the liberty

and rights which we now enjoy as Americans. They pledged their property, their

reputations and their very lives to the cause of the American Revolution.

We are in a similar struggle with the Texas Medical Board (TMB) whose

leaders have formed a cabal to destroy the free practice of medicine and to

undermine the doctor/patient relationship. Each one of us must demonstrate the

same

courage which imbued our nation's founders with the indomitable determination

to achieve victory, at whatever the cost, in their fight for liberty.

No matter what your attorney may tell you or what your concerns are about

possible retaliation by the TMB against you for testifying, you must take a

stand now to expose the abuse of power by the TMB. If you are unwilling to take

a stand, then who will? If not now, then when?

The Texas House Appropriations Subcommittee on Regulatory has scheduled it

hearing to investigate the TMB for Tuesday, October 23, 2007 at 10:00 am in

Austin, Texas at the State Capitol in

Room E1.030.

Representative Fred Brown has has been dauntless in his efforts to secure

this hearing to give us the opportunity to expose the TMB's arbitrary and

unjust actions. There are numerous state representatives and senators, as well

as

the speaker of the house, who support our cause. The National Foundation of

Women Legislators adopted a resolution endorsing our position at its recent

annual conference on October 13th. We have the TMB on the ropes but we must

continue to deliver body blows in order to ensure a KO.

Your testimony will be crucial to our success in reforming the TMB. Please

send me a copy of your testimony, which should be seven (7) minutes in length,

for my perusal. The order of the testimony must be determined and a copy of

your testimony will help in this matter.

The TMB leaders have unsuccessfully lobbied the offices of the governor,

speaker, state representatives and senators seeking to derail this hearing. If

the TMB and its leaders had nothing to hide, then why would they want this

hearing to be cancelled and why would they be trying to undermine the

credibility of the legislators who are calling for this legislation?

Our attack on the TMB centers around the TMB's use of the following

indefensible positions:

1) Anonymous complaints against physicians from business interests and

competitors,

2) Anonymous hired gun witnesses who have financial conflicts of interest

and who act with prejudice against the accused physicians,

3) Informal Settlement Conferences which are inquisitions held in secret,

4) Prohibition of recordings and notes in ISC proceedings,

4) Denial of due process for physicians,

5) Conflict of interests by TMB members,

6) Discipline for menial and trivial record's findings,

7) Intimidations tactics,

8) Manipulations of assignments as to which members serve on ISC panels

rather than having random assignments,

9) Refusal to accept the evaluation of physicians other than its chosen

hired guns when reviewing the care of an accused physician,

10) Targeting of physicians for future disciplinary action, and

11) Forced settlements.

These are the orders of the day for the way in which the TMB deals with

physicians it has targeted. These activities must be eliminated and prohibited!

We are advocating:

1) Protection of the patient/doctor relationship from outside, third party

interference,

2) Transparency of charges and proceedings,

3) Removal of blanket immunity for TMB members in order to make them

accountable for their actions

4) Integrity of the TMB members to ensure that they have no conflict of

interests while serving in carrying out their responsibilities, and

5) Acceptance of and giving equal weight to evaluations of a physician's

care by physicians other than those chosen as so called expert witnesses by the

TMB.

We are also recommending that the Texas Legislature establish an

independent, public Texas Medical Board Oversight Committee, the members of

which would

be appointed by the Texas Legislature, to ensure that that the above

legislative changes are enacted by the TMB. This committee would report its

findings

to the Texas Legislature. This committee would also receive and evaluate

complaints from patients and physicians who feel that the TMB has acted

unjustly.

The actions of the leaders of the TMB, Don , executive director, Mari

, director of litigation and enforcement, and a Kalafut,

president of the TMB have been dishonorable and disreputable at best and

corrupt,

illegal and criminal at worst. The testimony of numerous physicians at the

upcoming October 23, 2007 will reveal the truth of these charges.

In order for true reform to be achieved at the TMB, these leaders must be

removed. The notorious TMB henchman, , has already been forced off

the TMB.

You may keep informed of the latest developments by visiting Texans for

Patients' Physicians' Rights at _www.txppr.org_ (http://www.txppr.org/) .

Please forward this to any other physicians or individuals who need to be

made aware of the October 23rd hearing in Austin.

With much appreciation for the courage of your convictions which you have

already displayed, I remain, as always,

Confident of victory,

F. Hotze, M.D.

F. Hotze, M.D.

Texans for Patients' and Physicians' Rights

20214 Braidwood, Suite 215

Katy, Texas 77450

(o) 281.698.8679 - Exec. Asst. - Stacey Bandfield

_stacey.bandfield@..._ (mailto:stacey.bandfield@...)

_www.hotzehwc.com_ (http://www.hotzehwc.com/)

Listen to " Health & Wellness Solutions " with Dr. Hotze on AM 700 KSEV in

Houston or AM 1160 KVCE in Dallas, or on line at _www.ksevradio.com_

(http://www.ksevradio.com/)

Monday - Friday, 12 - 1 pm CST.

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