Maryland Board of
Physicians: from Bad to Worse
Maryland Board of
Physicians has touched many lives, unfortunately not in a positive manner.
Coincident with several articles I wrote for the Baltimore Examiner, detailing
the unscrupulous nature of this Board, the Maryland Legislature released a
derogatory report against this entity in 2011. This report was entitled, Sunset
Review: Evaluation of the State Board of Physicians and Related Health Advisory
Committees. Embodied in its pages was supposed to be the framework from which
the Board would improve its functions and effectuate processes that were honest
and consistent with its written regulatory structure. Instead the Board went in
another direction. In a series of deceptive reports to the Maryland Legislature
over the years following the release of the Sunset Review the Board omitted its
failures exemplifying a false front as stated in this article. Managed by
lawyers, from the top down, due process has been cast into the fire as this
Board cherry picks which laws it will follow.
Medical Boards have come
under increasing scrutiny over the last decade. Both the Texas and Arizona
Boards have assaulted physicians in merciless manners resulting in loss of
licensure for hundreds of physicians who did nothing more than have an MD after
their names. State Legislatures woke up and cleansed the slate of characters
that managed these administrative entities. Maryland Board’s incessant misuse
of standards of care to entrap physicians is a tragedy that needs correction
too. In the author’s case the Maryland Board spent hundreds of thousands of
dollars and an entire decade to rid the state of this physician over paper
compliance issues. Time has come for the Maryland Legislature to investigate
this corrupt entity and rid the Board of it’s over dependence on lawyers.
Maryland’s Legislature has
taken a step back in its oversight of the Maryland Board of Physicians. Last
time I looked physicians were also citizens of the state. Hence they deserved
certain due process rights. Appearance of due process is not due process. The
Board along with its attack dog the Attorney General’s Office have a routine they
follow to keep physicians from their full rights. Through convoluted legalese
physicians have had a rough time defending themselves in administrative
hearings. The Board’s attorneys have developed strategies to keep physicians
from presenting expert witnesses, exculpatory evidence and patient testimony. Case
number DHMH SBP-71-07-05227 Mark Davis MD hearing before an administrative
court exposes the outright suppression of a physician’s right to defend himself
appropriately. The transcript should be read by any physician forced to
participate in this Soviet style hearing before a state appointed judge.
With the failure of the
Nikita Levy case, the failure to oversee excessive opioid prescribing and the
misuse to standards of care to target certain physicians the Maryland Legislature
should be compelled to take an independent review of the Board. This should be
a review by people who are not friends or associates of the Board as the most
recent review by its University connections. In a future article we will review
why the Maryland Board of Physicians allowed Nikita Levy case to be hidden from
view until it spilled over into the media.
Mark Davis MD
medicalboardusa.com
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