Attorney Writes the Board on My Behalf

By now, I am more than sick of dealing with the LSBME and its list of drug and alcohol facilities that won’t accept me for an evaluation– I am not even trying to be admitted to their program! They won’t even let me in the door to take my $5,000 to tell me I do not fit their criteria. Except Jessica Brook, who has worked with my Compliance Officer, ES, several times. Before calling ES she stated that Pine Grove was not a good fit for me because once again, I do not have any mental health nor drug and alcohol disorders preventing me from practicing midwifery. However, after Jessica contacted ES all of a sudden it was like clouds parted and she knew I needed a “Comprehensive Evaluation,” which was $2,000 more than the original basic evaluation they normally offer patients. So, I went from not needing an evaluation to all of a sudden needing all the bells and whistles. HUH, that doesn’t’ seem legitimate at all! So, in desperation, I reach out (again) to an attorney. She is once again, more than helpful and kind— she offers to reach out to them on my behalf. I cannot thank this woman enough. I think I may have to give her my first born at this point. LOL

5/4/2018 Attorney, 
Do I have any choice or do I actually have to do this? It’s such a scam I actually can’t believe it. I don’t trust any of these centers and again I don’t have any substance abuse issues. JM

5/11/2018 JM, Wow… I totally understand where you are coming from. 
And yet, I do think you will have to do this in order to have a chance of closing the issue with the Board… 
That said, I also know that these boards can keep moving the ball. So… At this point, let’s contact the Board and tell them about this program, and get written verification from them that this will satisfy the requirement. Who is the person you have communicated with from the Board? How about I contact them for you? Attorney

5/13/2018 Attorney, As always, Thank you for helping me through this. I can’t be more grateful for your assistance, time, and expertise. Yes please reach out to Louisiana on my behalf and see if this will ever be over. I agree that I feel like they are dragging this out with no end in sight. 
Also since you are requesting this to be put in writing, I have yet to get a response to what they want with number three on my sanctions. It states that “Ms. Macaluso shall demonstrate her understanding of the Board’s rules and regulations regarding Midwife practice in this state, in a manner determined by the board.” Can you pls get clarification as to what they want so I can begin to check this off my list?
Yes I find it suspicious that the email prior to this one Jessica thought I needed a fitness for duty related to skills but now it’s turned into comprehensive psych. It’s insane.

And idk if you read her email to me. But Jessica contacted the board so they already know about her program. It sounds like they are patting each other’s backs. My concern is that they will find something wrong and I’ll be stuck in a treatment center for three months or need five years of therapy and a follow up 5k assessment to complete my requirements. For someone who didn’t have a reason for a psyche or med eval to be in the original board order I’m in disbelief that this is legal. I’ve read reviews for pine grove treatment facility and they require polygraph tests and followup visits for years in addition to treatment at their center at a cost of thousands per week.  
And sorry to keep asking but could you see if you can find out what exactly the psych eval is for since it doesn’t state anywhere in my board order and two facilities have said it’s a skills exam they seem to be looking for. Thanks. 
JM

The letter she wrote on my behalf is below. I cropped out her identifying information because she is technically not my attorney, well only out of the kindness of her heart.  This was sent May 18, 2018. 

My Compliance Officer, ES, did not reply promptly or at all to my attorney, even though in her last communication with me she threatened not to communicate with me unless I had done this. Apparently she doesn’t have to reply to me or my attorney. So, on June 25, 2018 I emailed her and did get a prompt response. It was more of a half response and basically just repeated everything she had already told me, so not explaining anything more. And she wonders why it feels redundant to email me? Because she never clarifies or answers my questions. 

6/25/2018 ES, I was wondering if there was any reply. I was just Following up. Thanks. JM

6/25/2018 JM, I am responding to the email sent on May 18, 2018.  Please review my comments in bold with regard to each stipulation in your Decision Order dated April 13, 2015:

1)    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.  Previously I provided the list for the approved evaluation centers.  Please advise if you need this sent again. The comprehensive evaluation offered by Pine Grove Behavioral Health and Addiction Services described by Jessica Brook, DPT, Program Coordinator will satisfy the Board’s requirements.  The cost of the evaluation is determined by the facility for services rendered and the Board does not receive any financial gain.

2)    Ms. Macaluso shall obtain additional education in the following areas:

1. Medical Record Keeping;  2.  Medical Ethics; and  3.  Evaluation and Identification Of High Risk Pregnancies. All courses shall be comprehensive in nature and pre-approved in advance by the Board.  The course information that you submitted http://www.aafp.org/cme/programs/also.html (Advanced Life Support in Obstetrics (ALSO®)) will be sufficient for #3 of this stipulation.

3)    Ms. Macaluso shall demonstrate her understanding of the Board’s rules and regulations regarding Midwife practice in this state, in a manner determined by the Board.  When you have completed an evaluation at one of the approved evaluation centers, you may contact me to obtain the testing information.

4)    Ms. Macaluso shall pay a fine of $300 and all costs of these proceedings.  On November 29, 2017, you were emailed a notice that detailed the cost of proceedings to cover attorney fees, court reporter fees and the $300 fine totaling $17,669.00.  Please advise if you need this sent again. ES

As expected, my Compliance Officer, ES, was vague and unhelpful in answering most of the questions. Of course she didn’t answer all of them. What is her job again? Is she supposed to help or hinder me accomplishing these sanctions? I am beginning to think her job is to make it impossible for me to get off suspension. And regarding the third sanction—I have to complete the mental evaluation before I can find out how to complete the rules and regulations regarding Midwife practice in this state? Where is the law regarding that? Surely that cannot be legal either. Sigh. I was hopeful we would get somewhere, but not surprised that we didn’t. That only wasted a few months of my life. 

Jessica at Pine Grove: I don’t fit your criteria until you speak with my Compliance Officer. Huh, no kidding.

2/21/2018 Pine Grove/Forrest General/Jessica Brook, 
Hi Can you provide a Board ordered fitness for duty evaluation not related to substance use? Thanks for info. JM

2/23/2018 JM, 
Thank you for you recent email to Pine Grove.  We do offer evaluations, however we do not evaluation clinical skills, judgement.  We evaluate things such as substance use, disruptive behaviors, cognition, or boundary crossing.  For more information, please call our admissions office at 601-288-4799. Jessica Brook

2/25/2018 Jessica 
You did not answer my question. Do you provide Board ordered fitness for duty evaluations not related to substance use? Thanks. JM

2/26/2018 JM, 
We would need a bit more information regarding what your board deems as a “fitness for duty” evaluation.  As stated, we do not evaluate clinical skills/judgement, etc.  However, we do offer several types of evaluations:  substance use or disruptive behaviors or cognition or boundary crossing.  If your board needs you to have an evaluation for one of those concerns, then it is likely something that we would be able to facilitate. Jessica Brook

2/26/2018 Jessica 
Can I send you the board order so that you could determine what is needed? Pls. let me know what email to use. JM

4/13/2018 Jessica 
Do you provide board ordered fitness for duty evaluations NOT related to substance abuse? JM

4/14/2018 Jessica, Could I send you my board order and you could evaluate it? The psyche/med evaluation is towards “being deemed competent to resume the practice midwifery.” Would this be considered clinical skills/judgement? Thanks for you help in figuring out the best fit for me. I’m sure you wouldn’t ethically want to admit me if I didn’t fit the criteria for Pine grove. With much appreciation, JM

4/16/2018, JM, We provide a few types of evaluations:
Psychosexual:  The focus of this evaluation is sexual behaviors or professional boundary crossings. 
Comprehensive:  This evaluation is broad in scope and can be tailored to encompass questions of disruptive workplace behavior, psychiatric problems, personality disorder, trauma, eating disorder, or questions about cognitive or intellectual functioning. 
Neuropsychological Evaluation:  Comprehensive assessment to determine presence, nature and degree of cognitive or emotional deficits. 
Adult ADHD

Please note:  We do not provide evaluations to determine clinical skills, as a true “fitness for duty” evaluation would. Jessica

4/16/2018 JM, 
Yes, you can send your board order over via email or fax 601-288-8074 and I’ll take a look. Jessica

4/19/2018 Jessica, 
Thank you for agreeing to take a look at the order. I appreciate your help in this matter. Can I get your email address? JM

4/25/2018 (after sending me her email address on 4/23/2018)
Jessica. Just making sure Did you get my order? I sent it a few days ago. Thx JM

5/3/2018 
Hi Jessica. I’m just following up to see if you received the order? I haven’t heard from you and am trying to make decisions on where to get a psyche eval. Thanks! JM

5/3/2018, JM, I apologize, I have responded 2-3 times.

I have looked over your paperwork and I have a few more questions:

Namely, we can do evaluations that look at “fitness for practice” in terms of cognition, behaviors, personality, etc.  We do not, however, look at “fitness to practice” in terms of clinical skills, education, etc.  It looks like the board is concerned about the later.  However, if you would grant me permission to speak with them (and provide a name and contact information) then I am happy to reach out to them to clarify.  I think that if I am able to speak with someone there I could let you know for sure if this is the type of evaluation that we can assist with. Thanks, Jessica

TIME OUT. I bolded a few of Jessica’s sentences above. Jessica just said she doesn’t believe Pine Grove is appropriate for me because it looks like after reading my Board Order that I do not require a Fitness to practice evaluation in regards to mental health or other abusive issues. (She misspells latter, but I know what she means.) Apparently, I need a Fitness for practice evaluation in terms of clinical skills and education, which they do not provide and honestly none of these facilities provide because they are all drug and alcohol treatment centers. This is the same consensus two other facilities have come to– that I do not qualify for admission at their facilities. So why did the LSBME require me to admit myself into a facility I cannot admit myself in? I am glad I can waste six months trying to get myself admitted to a facility that I do not qualify for and that won’t take me. How again is this relevant to my suspension? Aside from keeping me from earning a living, it isn’t. It is causing me stress, wasting my time, and money. The LSBME has no desire to rehabilitate me nor provide me with legal, realistic, or unburdensome sanctions. 

5/3/2018 Jessica, No worries. Must’ve went to my spam box. Thanks for returning my email. 
Yes the LSBME won’t tell me what the evaluation is for. I’ve asked several times just because it’s hard to communicate with the facilities what I actually need this accomplished. They have given me five facilities to contact regarding possible evaluations thus far and two have responded that they cannot conduct the evaluation and I’m assuming your facility is not a good fit either. For what it’s worth I’m living in Florida. 
Yes I can give you permission on my behalf to contact the board to figure out what exactly they are looking for.  Pls let me know what you have heard from them. And I’d prefer you contact them via email so that I can have the boards requirements for evaluation in writing to pass along to my attorney. Thank you so much. JM

5/3/2018 JM, 
Thank you for the information.  I will contact her shortly.  Ronnie and I have worked together on several cases so hopefully I’ll be able to reach her quickly. Jessica

5/3/2018 JM, I spoke with the board and gathered some information.  They are referring you for what we term a “Comprehensive Evaluation”.  This eval focuses on fitness to practice, behaviors, and cognition.  There are also other areas covered such as addition screeners.  This eval is a 3-day process for us and costs $4,800.  If you want to move forward, I am happy to facilitate that and we can get you started.

TIME OUT AGAIN. Wait, you just said I did not qualify for a Fitness to practice for mental health issues. But after you call the Board, you now think I need a “Comprehensive Evaluation” and some “addition” screeners? Whatever that is… I think Jessica probably needs to spend more time proofreading her emails, but I digress. And I am sure she will be happy taking $4,800 from me for no reason. I am skeptical at best and begin questioning her shadiness. There is absolutely NO transparency here. It all seems made up on the fly in some back alley in New Orleans. Its disgusting and they call this making midwifery safer by having licensing boards? HA!

5/4/2018 Jessica, This is 2000$ more than what I was originally quoted for a psyche evaluation. What exactly are the other areas that will be screened? What are you looking for? Can I get a list of tests please?
I’m re reading this. Is math going to be involved? What are addition screeners? Also. I have never had nor currently possess a drug or alcohol or substance abuse problem. Why is this being assessed? Is there a state agency that you are accredited through? I’ve read several reviews that say this is a huge waste of money and a scam. Also that poly graph tests are required as well as monthly revisits to your facility. Can you speak to any of this? JM

5/4/2018 JM, Our eval will consist of addiction assessment, psychiatric assessment, lab work, history/physical, psychological testing, collateral information, neuropsychological screen.  Unfortunately, we are unable to provide you a list of the psychological tests ahead of time, as those are compiled on an individual basis in order to fit your needs. Jessica

What a load of horse pucky. Again, why am I having an addiction assessment? I can just give you the $5,000. I do not need any of this. And wow, I find it so surprising that I you won’t tell me what tests I’ll be charged with. The reviews online tell horrible tales of these facilities. They suggest you go to AA meetings at night because you have nothing else to do and you want to seem compliant. Then when you say after your three-day assessment that you are leaving because again you do not have a problem. They chart how you left the facility in the middle of your treatment aka AA meetings to which they tell you you have to finish the series. So they write that you are non compliant and not finishing treatment requirements. Then you are stuck there for three months wasting $40,000 because insurance doesn’t cover it anyway getting “treated” for something you didn’t have a problem with in the first place. WOW, this sounds fun. Where do I sign up? Jessica tries to persuade me that her facility is not as shady as the reviews claim. I call BS. I don’t have sexual boundary crossings, but the thought of having to take a polygraph suggests criminality–what kind of warped facility treats people it is trying to rehabilitate as criminals? How is that healthy? And if you offer 1-week visits, well guess what– I do not live near you so that just won’t work, in the off chance I need therapy, which I am sure Pine Grove will find or make up a reason for.

5/4/2018 JM I reference to the substance assessment, this is a standard part of all of our evaluations.

We are accredited through DNV, which is a national accrediting agency.

Polygraphs are generally only incorporated if there is a concern about sexual boundary crossings. 

Additionally, we do have a treatment program that encourages yearly or bi-yearly 1 week visits back for those patients who we think need the additional accountability.  This is not part of any evaluation process and is only part of that single program. Jessica

Third Time Sending the Same Email to my Compliance Officer

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…

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

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

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