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Re: Victory For Dr. Rea

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Its about time! Good for him.. Btw , has anybody checked out

his website? Makes me wish I lived closer to him...

R~

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> Milestone Victory: Texas State Medical Board’s Attack on Leading Integrative

Doctor Beaten Back

> December 21, 2010

> A court defeat for the Texas Medical Board is changing policies†" and minds.

> As we have reported previously, when integrative practitioners treat the whole

patient, their treatments often challenge traditional models of medicine. State

medical boards are aligned with the American Medical Association’s brand of

allopathic medicine. Because of this, they have historically been biased against

complementary and alternative medicine†" to the point that they not infrequently

target practitioners specifically for practicing a higher standard of care.

> But the tide is turning, according to attorney Jacques Simon. Simon

represented Bill J. Rea, MD, in a stunning legal victory against the Texas

Medical Board (TMB). The suit has helped shift bad board practices in Texas.

> Jacques Simon has an outstanding success rate defending integrative medical

doctors in these types of proceedings. He is one of four attorneys in the US who

collaborate and specialize in this area. (The others are Alan Dumoff, Algis

Augustine, and Jaffe.)

> Dr. Rea is a leading researcher and clinician in the field of environmental

medicine and chemical sensitivity . For the past thirty years, he has treated

illness caused by food and wide-ranging environmental factors such as air and

water pollution. In 2005, the Texas Medical Board filed a number of charges

against Dr. Rea, challenging his testing, diagnosis, and treatment†" everything

he does. They even claimed that Dr. Rea was injecting his patients with diesel

fuel and harmful chemicals, a charge that was patently false.

> After three long years in court, Simon was able to prove that the Board’s

claims were unsubstantiated. Instead of revoking his license, the Board lamely

told Dr. Rea to present a revised informed consent form to patients saying that

his therapy is not “FDA approved.â€

> If you are a physician and under investigation, it is important to make no

statement whatsoever to investigators or officials without the presence and

approval of a lawyer. As Simon told us, “When an investigation starts, it is

important for the physician not to make the mistake of thinking they are the

authority in the field. Pick up the phone and call an attorney who specializes

in these types of proceedings.†(Feel free to contact ANH-USA for a

recommendation.)  

> Simon noted that the TMB has targeted integrative physicians in the past, but

this has shifted in the last two or three years, and it appears they now

investigate an equal number of traditional MDs. This is due in part to

procedural actions taken by Dr. Rea through the course of his ordeal, which

including filing charges against the board itself.

> Texas has strong due process protections for doctors, but those rules are not

always followed. ANH-USA is working to get a bill introduced in the Texas

legislature that will provide physicians with redress if the board doesn’t

follow its own rules. Jacques Simon notes that the more doctors fight back (and

the more the boards are educated), the better the landscape will become in state

medical board proceedings. Meanwhile, state laws and regulations are constantly

changing, and it is important to remain vigilant.

> ANH-USA has just released an 80-page report, “Know Your State’s Medical

Board: An Integrative Medical Practitioner’s Guide to Understanding the Legal

and Regulatory Environments in the 50 States.†Across the nation, state laws

and regulations do not always adequately protect practitioners’ due process

rights in medical board disciplinary proceedings, so we have created a guide and

checklist to provide a general sense of the legal protections, or lack thereof,

available in each state in the country. The report is available as a PDF

document, and may be downloaded here.

> http://tinyurl.com/26pvdbf

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