Threats, extortion, and mafia….oh my

jmacmidwife

My compliance officer finally decided to communicate with me after two months of ignoring my emails. I’ve bolded her responses to my emails below, just to make reading easier. Notice her ordering me to call her office after I tell her how I sent my Board Order to a treatment facility and it denied me an evaluation because, yes, you guessed it–I do not have an addiction nor mental illness and because my case and Board Order have nothing to do with drugs, alcohol, nor mental health. SIGH. Seems like a broken record. I am getting nowhere. I still do not have a job to help pay for the health insurance I need to remove my thyroid cancer.  Dealing with this Board has caused nothing but stress on me and my family, not to mention time. Plus, Ms. Spooner knows she is doing some shady stuff that is unethical and wrong. Yet she continues to act like she needs to communicate with my attorney and threatens to not communicate with me again until I call her. What kind of extortion is this? Is this the Louisiana Mafia? Its racketeering at its finest. 

2/8/2018 ES, I’ve contacted one of the facilities closest to me on your list and provided the board order for them to determine what I need evaluated and like I said I don’t fit their criteria for having an evaluation at their facility because I don’t have an addiction. Therefore if they won’t accept me for an evaluation I cannot get one. It makes it hard to comply with my order when you are providing me with facilities who won’t accept me because I don’t fit their criteria to be admitted for evaluation. 

It seems an outpatient assessment is what is needed. 

Are there other providers you can recommend that will fall within the scope of your assessment requirement? Or can I just go get one at a place I find that fits the requirements? (Hint. I need to know what you are assessing.)

Thanks so much, JM

2/9/2018 JM, Call me to discuss this matter. ES

2/9/2018 ES, Again Per my attorneys instructions. everything must be in writing.

I already have the closest facility’s decision to decline accepting me for an evaluation in writing.

Im waiting for your direction as I’m trying to work with LSBME to comply with my order but it seems difficult to accomplish when the LSBME won’t respond to my emails. 

Thank you JM

2/9/2018 JM, Please have your attorney contact me. 

You were supposed to contact the facility, let them know that you have Board Order requiring you to have an evaluation then they would contact us for background information.

Thanks, ES

2/9/2018 ES, The facility could not determine what I needed to be evaluated for without seeing the board order to determine if I fit the criteria. It wasn’t my decision to share with them the order before being admitted. That was part of their admittance process. 

Please advise another avenue for evaluation that is not burdensome. 

My attorney has advised me to solely communicate with my compliance officer. 

Are you telling me you are refusing to discuss fulfilling my board order with me? I need to clarify this. JM

2/9/2018 JM, I am not refusing to communicate with you. You and your attorney need to call me so that we can discuss the requirements of your Order. This will be my last email to you until we speak on the phone. ES

Talbott Center: I don’t fit their Criteria (not surprisingly)

jmacmidwife

In the last six months, I have lost three members of my family. I wish I could go to a therapist, but I am so afraid of the LSBME finding something wrong with me that I don’t really consider going because I do not trust them not to use everything in my medical record to find me incompetent to practice midwifery. I suffer in silence. I try and sleep as best I can. It’s lonely. 

Following my (non) attorney’s advice, I call the closest treatment facility and ask for an evaluation. As expected, once I explain that I do not know why I need the evaluation, the admissions counselor asks me to send her the Board Order so that she could see if I fit criteria for admissions. I am very honest about what I think the order is asking the evaluation to determine. Keep in mind that this facility was one of five LSBME pre-approved drug and alcohol treatment centers I was given to choose from. I have bolded the admissions counselor’s responses. The Board Order that I sent to her follows.

2/7/2018 Talbott Admissions Counselor, Sorry I’ve had a death in the family so I’ve been off line for a few days. It does state the evaluation is for competency in midwifery. If this is something that can be done or is appropriately screened in a three day evaluation can you elaborate on how exactly my competency in midwifery is going to be evaluated? It seems competency is based on skills and not physical or mental criteria but I’m not certain. Thank you again for your assistance and time. JM

2/7/2018 JM, I’m so sorry for your loss.  I’m glad you were able to follow up with me, so hopefully we can point you in the right direction.  I’ve read over your Board Order, and unfortunately, this is not the type of evaluation that would fall within the scope of our assessment here at Talbott. I wanted to at least let you know that, but I am seeing if I can get any referrals for you as well.  That part may take me a little longer, but I will be back in touch if I can get you a name or two.  

Our evaluations are specifically for substance use, and the evaluation that you are recommended for is a mental competency evaluation. They basically want to see if there are any mental health or cognitive issues that would make it unsafe to resume practice.  We do this type of fitness for duty evaluation, but only as it relates to substance use disorders, so I can sort of see why you got to us. I would imagine that your eval would need to include a battery of cognitive testing and an in depth psychiatric interview at the least, but may not require you to admit to a facility to complete.   

I have a colleague that may have some suggestions for you, so as soon as I can speak with him, I may have some leads for you.  However, the LSBME will have to approve the providers that you select BEFORE you are evaluated. So make sure you get that approval first, if the provider is not on a list of approved providers you may already have from the LSBME.  If not approved, they may not accept the eval, and you would potentially have to do it again. 

I will let you know if I come up with anything.  Good luck!! Talbott Admissions Counselor

2/8/2018 Talbott Admissions Counselor, Thank you for the quick reply. I appreciate you looking into the Board Order and discussing with your colleagues what direction will be best for me to take. Also thank you for your candid opinion on what assessments I will be needing. That helps. 

Below is the list of providers the LSBME provided for me. Do you have an opinion on whether they will be in the same boat Talbott is in regarding my assessment being outside of scope? I’m not sure if you work with these facilities as well but figured I’d ask. 

Yes I realize I need to have the facility and/ or provider pre approved which is what prompted my inquiring to LSBME to begin with. Please let me know if you have any suggestions towards pursuing. Thank you again for your time. JM

2/9/2018 JM, They are all very well respected programs, you would be in good hands with any of them. While I cannot comment individually or steer you in a specific direction, I would suggest you look them up online/contact them and see what is the best fit for you.  I think if you are able to better state the nature of the assessment, which is basically reading them that first recommendation, they will be able to tell you quickly if they can help.  Our focus here is just too narrow, as we do our evaluations with the scope of whether substance use was a factor in the problems addressed by the Board. Some facilities have a wider scope of what they evaluate, with regard to the “mental/physical” aspect of the requested evaluation.  Good luck to you, Talbott Admissions Counselor

Third Time Sending the Same Email to my Compliance Officer

jmacmidwife

2/7/2018 ES, Thank you for the reply. I’d prefer to have all contact with you and LSBME in writing/email. I apologize if my emails seem repetitious but my questions are not being answered. 
Again. does the ALSO course work for the evaluations and identification of high risk pregnancy education requirement? http://www.aafp.org/cme/programs/also.html

Also on my order it states I need to demonstrate how I understand the rules and regs. Do you want a paper written?  I need to know what this means. How am I supposed to go about doing this? 

Again what is the psyche/Medical evaluation for? As I’ve stated numerous times in previous emails, I’ve spoken to several forensic psychologists and they have stated that they need to know what the evaluation is for specifically so that they can Tailor any specific testing that may be needed to determine whatever it is the evaluation is determining. I’m not sure why you and the LSBME cannot give me the exact reason for the evaluation and why it must be secretively given without my knowledge. This practice seems highly illegal and constitutionally violating. 
Thank you for your time. JM

Reaching Out to an Attorney Again…

jmacmidwife

1/28/2018 Hi again. 

So I’m not sure if it will matter for a potential case. I’m sure it depends on many things especially if it’s timely anymore to even sue. Just wanted to update you on what I’ve been doing for two years since my license was suspended. 

I moved to Georgia to take care of my elderly grandma and conveniently got divorced but am waiting on my settlement to be finalized. I have been “working” as an unlicensed Midwife and birth assistant but honestly I’d rather be plucking chickens than doing midwifery at this point. Simply because I can’t pay my bills doing this. However I have been still educating my self in everything midwifery. I have probably taken hundreds of hours of online CEUs and courses. I’ve printed all the certificates and transcripts out. Bottom line is that I haven’t sat idly. I even graduated from another midwifery program (that’s two degrees in midwifery now in addition to my BS). I had a job at one of the midwifery colleges but they rescinded my offer after I revealed my licensure was suspended. So this whole issue has been horrifically devastating to my life. It’s unbelievable that although no one died or was hurt or injured and the parents even testified on my behalf that they can suspend my license like this. I even applied for licensure in Florida and was denied only because my Louisiana license is suspended.

I also had a routine physical from a few years ago from my general practitioner which shows everything is Normal except white coat hypertension (I wonder why lol). But recently last summer in 2017 I was diagnosed with thyroid cancer but haven’t had it removed yet because of my tenuous situation with needing medication my entire life if I get surgery but without having stable health insurance due to unemployment/divorce and living in a state that didn’t expand Medicaid. I tried applying for probably 50 jobs only to find out I can’t get a job due to this license suspension.  Conveniently I have the drug test results from a job application a few months ago which shows I have no drugs in my system nor have I ever for that matter. I drink socially but that’s it. I barely take Tylenol and don’t take any pharmaceuticals. Or smoke or inject or do any street drugs. I’m hardly the person who would need an evaluation from a drug or alcohol rehab center. So I don’t mind going and having the psych Evaluation done at the closest facility because they won’t find a medical reason for keeping me there but from what I read online these facilities are money making entities that rely on the state agencies to feed them so to speak with clients. While I realize I have no reason to be detained nor fit criteria to be in one of these treatment facilities I am wary that Somehow some form of corruption will occur because lsbme will tell more lies behind my back and present more untruths to convince the center that I’m not healthy.  And I don’t have an extra 40,000$ laying around which is the cost of these places “follow up treatment.” 

Should I go and get evaluated by an unbiased psychotherapist?  I’m afraid the whole system is so corrupt that something else egregious and biased will occur if I go to one of the lsbme sanctioned treatment facilities. I’ve spoken with several forensic psychologists near me in Georgia as well as my aunt who is a child psychologist and everyone says don’t enter one of these facilities and no one understands why or how lsbme cannot tell me what I need the psyche evaluation for or at least what tests need to be administered. 

Anyway sorry for the lengthy emails. I know it’s a lot of info. Thank you so much for any help. JM

1/29/2018 I received a reply from an attorney who works on birth issues. I cannot afford to hire her, but she is providing me feedback, time, and her guidance from the kindness of her heart. To keep her some-what confidential, I’ll paraphrase her message:

Good to hear from you. Wow, what a run-around. 
Have you contacted all of those places they referred you to? I can’t believe they all require a 3 day in treatment evaluation. I agree, that seems extreme. Did you call and say that the Board asked for you to contact them for an evaluation? Handling that would be a good first step…

So that is what I do. I begin reaching out to the closest treatment centers….

1/30/2018 Thank you again for all your info.  If you have a recommendation on any counsel I should contact I’m all ears.  I understand that you are a busy person and appreciate you even looking into this for me. 
Yes all of the treatment centers primarily offer a three day in patient evaluation and again are primarily drug and alcohol rehabs. I have contacted three of them and looked on all of the websites. But it doesn’t even make sense to have me only able to choose from five places that are in five different states. Supposedly if I did need treatment that wouldn’t be feasible nor realistic to commute to Texas, for example, as I’m in Georgia. The whole thing is insane. 
Again. Nowhere in my board order does it specify what treatment I need or what my rehabilitation would be for or even why this is necessary. I have no history of drug or alcohol abuse or mental history. And lsbme will not tell me what I’m being evaluated for.  Lsbme told me to have the treatment center contact them after I sign up and they will tell them what I need! Also Somewhere in my corresponding with Ms spooner from LSBME she mentioned that I needed an inpatient Evaluation.
 I called Talbot marsh recovery in Atlanta this afternoon and I am seeing if they can communicate with the lsbme on my behalf to see what tests I need or even what issue they need to treat me for. It’s frustrating to not be able to communicate to the lsbme. Im sure to the treatment centers I sound crazy even though I’m not. Sigh. Guess that’s the goal of the lsbme. 
Thank you again for your time. JM

Second Email that Continues to go Unanswered

jmacmidwife

It has been two months. It is now becoming frustrating working with Ms. Spooner, my compliance officer. My questions continue to go unanswered. They are ignored. How is this professional? The licensing board who holds my livelihood in its hands and could care less.

12/25/2017 ES, Thank you for the reply. I’d prefer to have all contact with you and LSBME in writing/email. I apologize if my emails seem repetitious but my questions are not being answered. 
Again. does the ALSO course work for the evaluations and identification of high risk pregnancy education requirement? http://www.aafp.org/cme/programs/also.html

Also on my order it states I need to demonstrate how I understand the rules and regs. Do you want a paper written?  I need to know what this means. How am I supposed to go about doing this? 

Again what is the psyche/Medical evaluation for? As I’ve stated numerous times in previous emails, I’ve spoken to several forensic psychologists and they have stated that they need to know what the evaluation is for specifically so that they can Tailor any specific testing that may be needed to determine whatever it is the evaluation is determining. I’m not sure why you and the LSBME cannot give me the exact reason for the evaluation and why it must be secretively given without my knowledge. This practice seems highly illegal and constitutionally violating. 
Thank you for your time. JM

No, it Screams Corruption and Shadiness to have the Drug and Alcohol Center Contact the LSBME

jmacmidwife

I won’t comply. I won’t go silently into the night. I won’t let this bullying and illegal bullshit go down. Nothing is wrong with me. I won’t continue to waste my time, money, and resources on a mental or drug/alcohol problem that I don’t have. I’m calling the LSBME out on its lack of oversight. This is war. Again, I want to stress that I have called several psychologists and they cannot tell me if they can give me a mental evaluation when they do not know what to test. I am not going to admit myself into a drug/alcohol center when I don’t know why and then have everyone communicate behind my back. My Compliance Officer continues to ignore my questions. Instead she tries insulting my intelligence telling me to have my attorney contact her so that my attorney can explain this to me. No, no I won’t submit to your ridiculous demands. If the LSBME truly wanted to “rehabilitate” me they would not be making this so difficult. But they don’t want to rehabilitate me. They want me to go away. 

12/18/2017 JM, Once you contact the one of the centers of the list, they will contact the Board. Please let the center know that you were required to have an evaluation by the Board. If you have an attorney, forward my contact information to them so they may contact me. It would be better for you or your attorney to call me because the emails are repetitious and I want to make sure you understand your Order Stipulations. ES

1/23/2018 ES,
Thank you for the reply. I’d prefer to have all contact with you and LSBME in writing/email. I apologize if my emails seem repetitious but my questions are not being answered. I do not appreciate the lack of cooperation from the LSBME I’m receiving. 
Again. does the ALSO course work for the evaluations and identification of high risk               pregnancy education requirement? http://www.aafp.org/cme/programs/also.html Also on my order it states I need to demonstrate how I understand the rules and regs. Do you want a paper written?  I need to know what this means. How am I supposed to go about doing      this? 
Again what is the psyche/Medical evaluation for? As I’ve stated numerous times in previous emails, I’ve spoken to several forensic psychologists and they have stated that they need to know what the evaluation is for specifically so that they can Tailor any specific testing that may be needed to determine whatever it is the evaluation is determining. I’m not sure why you and the LSBME cannot give me the exact reason for the evaluation and why it must be  secretively given without my knowledge. This practice seems highly illegal and constitutionally violating. 
Thank you for your time. JM

Confirm CEUs and third requirement. Also, where do I file a complaint??

jmacmidwife

JM Thank you for contacting the Louisiana State Board of Medical Examiners.I am out of the office and I will reply to all emails upon my return. ES

12/16/2017 ES, Can you please let me know if the also (advanced life support in obstetrics) course is in compliance with my order. 
And I need to know what the 3rd requirement on the order means. How am I to demonstrate understanding of rules and regs. Is this a paper? PowerPoint? How do I accomplish this? It states the board will determine. Please advise. JM

 

12/16/2017 ES, I’d like to know legally who oversees the LSBme? Is it the governor or state attorney general? Who decides if the Lsbme is following the law? JM

12/18/2017 JM, We are under the Department of Health and Hospitals. You may contact the attorney general’s office. ES

Reaching out to Attorneys

jmacmidwife

12/8/2017 I hope You are well. I’m still battling the Louisiana board of medical examiners. Sigh. My midwifery license was suspended two years ago. But I’m just now trying to figure out how to fix this. Of course LSBME is creating obstacles. 
They have ordered me to pay court fees totally over $17,000 and go to an inpatient three day ($3,000) psych evaluation. Idk if you remember but there was NO indication for a psych evaluation on my order or in my case. No drugs alcohol or mental health was an issue at any time in my life. The board won’t let me have an out patient psych evaluation. All the psychologists who I’ve spoken with say I have to have a diagnosis or reason for the psych evaluation or they can’t administer the correct tests. However Louisiana will not give me a diagnosis or reason for the psych exam other than stating the board order (see below) and it doesn’t have a reason. They are requiring I go to one of five choice which are all drug and alcohol treatment centers. Idk how they can require me to go to one of these when I don’t have a drug or alcohol problem. Never have. Is this legal? Can I appeal this? I don’t know how they can change the order or make it burdensome when there is no reason. How can I get treated for something that doesn’t exist and there isn’t any evidence for it? 
I would greatly appreciate your advice or info. 
Thank you for your time. JM

One practicing attorney has been particularly helpful and above all, kind. She continuously, when not busy with actual paying clients, offers wisdom and guidance. I could not have gotten this far without her help. I truly am indebted to people like her, whom I have never met, but care wholeheartedly and believe in fighting these horrific Boards. 

List of Five Drug and Alcohol Treatment Centers

jmacmidwife

12/7/2017 JM, I am waiting to discuss your case with the Director of Investigations.  The Board’s Decision was issued two years ago.  You would need to start with an evaluation at one of the places listed on the attached list and pay your fees before we can discuss having you placed on the agenda to appear before the Board.ES

Ahhh, so much to unpack in such a short email. The Director of Investigations is none other than the evil-doer Dr. Mouton. Curiously, Ms. Spooner seems to have a difficult time getting a hold of Dr. Mouton. I wonder if it has anything to do with Dr. Mouton’s infamous affairs with attorneys working with the LSBME? That is one way to maximize revenue with a smile. 

Did I seem to not realize that the Board’s decision was two years ago? Again, the fact that Ms. Spooner consistently makes random obvious statements is bizarre and makes me truly question her competency for this compliance officer position. 

The list of places I can go to has finally been generated. Praise Jesus. Oh, but wait, all of these five facilities are drug and alcohol inpatient treatment centers. UHHHHHH. Again, did I miss something? I am neither an alcohol nor drug addict. In fact, nowhere in my court documents does it even suggest I am. How can I go to a place for an evaluation when I do not have the problem they are evaluating? Cue the unethical, corrupt, unbelievable. Sigh. 

12/7/2017 ES, Again, I don’t have an addiction nor mental health issues. It would not be prudent nor lawful to require me to seek treatment when I do not have a diagnosis for treatment. Nor is it in my board order to have treatment. The facility closest to me is for addiction. I do not have an addiction. 
Perhaps I’ll have to seek legal council if the board doesn’t want to provide a reasonable, ethical out patient option for a psyche evaluation for someone without psyche nor addiction disorders. 
I cannot comply with the order when I don’t have a reason for a psych evaluation. Please provide the reason for me to pursue compliance. I’ve spoken with several psychologists and it is impossible to have a psych evaluation when I don’t have a reason for one. They don’t know which tests to administer nor what they are looking for as far as what they need to treat, if anything at all.  
This is burdensome and egregious behavior on the part of the board and has nothing to do with my ability to practice midwifery nor the law. 
Thanks for your time and attn regarding this matter in my attempt to satisfy the boards requirements in a timely, reasonable manner. JM

12/7/2017 JM, I am sending another copy of your Order.  Please note on page 6 of the Order, item 1 states: Ms. Macaluso shall undergo a mental/physical evaluation by a physician or group of physicians who have been pre-approved in writing by the Board, and be deemed competent to resume the practice of midwifery.  If you obtain an attorney, please have him contact me. Thanks, ES

Again, Ms. Spooner seems to be missing the point. While yes, I am willing to have the unnecessary mental evaluation, I do not understand why I am required to go to a place where I clearly do not have the disorders. She seems to avoid explaining why, because she doesn’t have a reason other than Dr. Mouton said so. 

12/8/2017 ES, Yes I am aware the order states a psych evaluation is ordered. However there is not an indication for one anywhere in the order or connected case. I cannot enter a drug and alcohol treatment facility without any proof of needing said treatment. If you could provide evidence from the order of what the psych evaluation is for then I can comply with the order. Otherwise I cannot comply and I’ll have no choice but to contact counsel as it would be impossible to seek treatment for something that doesn’t exist. 
Thank you for your assistance. JM

CEUs: RN.com is better than the MA Medical Society?

jmacmidwife

12/1/2017 JM, Please use the courses from Louisiana State Board of Nurses. The courses you sent are good for continuing education but are not comprehensive enough to satisfy the stipulations of your Order. ES

*Ms. Spooner is referring to the courses I sent her on 11/28/2017 from the Massachusetts Medical Society. (Courses for physicians.) She is saying that these ones are not comprehensive enough, yet the courses from Rn.com, written by virtually anyone, are more rigorous. *Head desk* I email her to clarify, because…. I’m dumbfounded. 

12/1/2017 ES, Just to be clear. These courses are sufficient? And not the ones from Massachusetts? 
https://www.lsbn.state.la.us/Portals/1/Documents/rnp/ResourcesCECourses.pdf
Thank you. Jm