Public records request finally answered 2 months later

There is probably a statute that the LSBME violated in not returning my public records request in a timely manner, but they do not care. Since I have been patiently waiting for Dr. Culotta or Dr. Cresswell to reply to an email on December 27, 2018 I send a follow-up email…

Dr Culotta 
It seems you have neglected to address my concerns. Do public records requests not need to be answered as promised?  JM

He replies, albeit quickly…

2/27/2019 This has been referred to our legal staff and they are preparing your response

Dr. Cresswell responds the next day 2/28/2019…

Dear. Ms. M, Please see our responses below:
1.      Ms. Spooner miscalculated my payment plan. I have asked her several times to revisit the numbers. She has not done this. 
Response:  I have reviewed Ms. Spooner’s email and have noted the miscalculation.  Total Administrative costs are $17,669.00
Proposed payment plan:  Repayment over 36 months:  35 payments of $500, with a final payment of $169.00
2.      I’ve asked for a new compliance officer be assigned to me as Ms. Spooner does not seem to be able to fulfill her job requirements competently.
Response: This will not be granted.
3.      I requested a breakdown of the costs associated with my hearing i.e. attorney fees, copies, expert witness, judge, transcriptionist/court reporter, etc. 
Response: A detailed breakdown of your administrative hearing costs was sent to you on December 28, 2018 via email from Rita Arceneaux, as well as by US Mail to your address of record. Please verify that you are not in receipt of the December 28, 2018 email?
4.      When the LSBME has spent tens of thousands of dollars on computer software and equipment, why is my test I need to take to fulfill one of my sanctions not online yet? Why can it not be emailed to me? What is taking so long? The LSBME is obstructing justice by withholding the test I need to take to fulfill sanctions. 
Response:  Your test was placed online and you have successfully completed the examination on January 26th, 2019 (2nd attempt).
5.      What tests do I need to have administered by a doctor in order to fulfill my psyche evaluation? I have been asking for my diagnosis for over a year and the LSBME has failed to answer my simple question. I cannot simply call a doctor and ask for a psyche evaluation. Surely the medical board understands this. I need to know what tests need to be administered in order to even consult with doctors to see if they are able to conduct a psyche evaluation.
Response:  The LSBME does not diagnose.  You were given the name of Board approved facilities that provide Psychiatric Evaluations.  To clarify, you will need a “Forensic Assessment”.  A forensic assessment is one where the referral comes from a licensing entity.  The assessment is considered “forensic” due to it occurring within an administrative law context in which the facility is asked to provide an expert opinion regarding an individual’s fitness to practice.  The list of Board Approved facilities includes:

            Approved Psychiatric Evaluation/Treatment Centers:

Professional Renewal Center (PRC)

1421 Research Park Dr. #3B

Lawrence, KS 66049

T: 785-842-9772

Pine Grove/Next Step

2253 Broadway Dr.                

             Hattiesburg, MS 39402

T: 888-574-4673

Acumen Assessments

730 New Hampshire, Suite 222

Lawrence, KS 66044

T: 785-856-8218

Elmhurst Memorial Healthcare

Professionals Program

360 West Butterfield Rd., Suite 340

Elmhurst, IL 60126

           T: 630-615-7800   

If there is any additional information needed, please do not hesitate to contact myself or Ms. Spooner. 

Respectfully, Dr. Cresswell

I have discussed in earlier posts about the nature of PHPs. They are notoriously corrupt and work hand-in-hand with licensing boards. There is no justice in not choosing who can evaluate you especially when it is subjective and the licensing board is basically paying the PHP to diagnose their problem ppl. How is any of that fair?

Also, after looking up one of these assessment centers in Kansas, I find it ironic that they publish in PLOS (a free journal) the findings that a normative standard must be applied to your target audience or else you will overdiagnose the patients. Huh, I wonder if they have a norm for midwives. I am going to guess not. And then who will be held to an obstetrical standard again? Sigh.

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5650180/

https://www.linkedin.com/pulse/php-assessment-doctors-a-rigged-monopoly-needs-michael-langan-m-d-

I do not understand why I cannot get a competent compliance officer assigned to me. But then again, maybe that is the LSBME’s angle–to only hire incompetent people that will frustrate and drag out everyone’s sentence. Quite possibly.

I am glad the payment plan was finally recalculated correctly. SMH. Not that I have $500 to donate to the cartel for 3 years. But seriously, the fact that my license is suspended and I cannot work should make this criminal. How can I earn any measurable amount of money with a suspended license- but once again, a suspension is not indefinite- this is more like a revocation as a suspension has a time limit.

I finally get the test they want me to get. I am unsure if a fitness for duty is one size fits all or if I will have to again ask for more clarification. I contacted two psychiatrists today via email. I will see what they say. I am also going to call around tomorrow and see if any of these public mental health facilities will provide an evaluation. It appears that the state of Florida will provide services to people with adjudications regarding incompetency, but most are criminal or civil based. At this rate I think it would be easier for me to resolve all of my issues if I had a felony. The state seems to be ok with rehabilitating criminals on its dime while healthcare providers have to fend for themselves and cough up thousands of their own noninsurance dollars for their evaluations. I just cannot make this stuff up.

Does your medical licensure board protect you? lol no

I was inspired after reading Dr. Jane Orient’s article “Does your medical licensure board protect you?” It was due to this exposure of this article and its embedded video of the Louisiana legislature discussing the proposed bill (SB 286) providing oversight for the LSBME that I first virtually met Senator John Milkovich (the author of the bill) and Dr. Feldman (a doctor abused and punished by this horrific board). Both of these men spoke so passionately, honestly, frustratingly, eye-openingly, and fervently of the scandalous abuses, corruption, and absolute terror the medical board has been infiltrating into the healthcare community for decades. The healthcare industry in Louisiana is the proverbial good ol’ boy system. This here establishment don’t want nobody comin’ on up in here and fixin’ anything. Cuz they don’t think anything is wrong with the way they been doing business for literally centuries. The LSBME looks at anyone who comes from outside the state as a foreigner who wants to change things. Well, yeah, of course we want to improve the system, provide more choices— I think its called progressivism and most states embrace and even encourage it. Nope not Louisiana. Most of the standards of care in the South are notoriously outdated, racist, and inhumane. So if you ain’t one of the good ol’ boys with a name that has a -eaux in it, they will hang you, literally. There are at least six physician suicides attributed to the harassment and investigation done by this board. And although I am still alive, the trauma and emotional abuse of dealing with the LSBME is something to which I can attest. So after stumbling upon this article, I finally felt like there were other humans out there who could understand my sheer and utter frustration and anger at this illegal process. Instantly I was filled with gratitude and hopefulness to have found these doctors and the Senator who are not afraid to call out the injustice happening in Louisiana. I finally felt like possibly with the passage of this bill that there would finally be a platform for others to listen to my story and believe it. The board was finally being called out on their blatant railroading and destroying of people’s lives without fair investigations nor hearings. I am thankful that these individuals have had the guts to stand up to these bullies and speak the truth. I am thankful to be able to sleep more soundly knowing that other people have the sanctity of the healthcare field in their sights since my children still live in Louisiana. Below is Dr. Jane Orient’s article.

https://aapsonline.org/does-license-board-protect/

A bill, SB 286 introduced by Sen. John Milkovich, that would give doctors the right to defend themselves if brought before the state licensure board, the Louisiana State Board of Medical Examiners (LSBME), was heard in the Louisiana state House of Representatives on May 2. If it passes, doctors could find out exactly what they’re accused of, see the evidence, and present a defense to an unbiased judge and jury. They are Americans, right? Even terrorists and rapists have these rights.

In fact, a doctor can be delicensed, bankrupted, disgraced, and made unemployable, based on an anonymous complaint that might have come from a disgruntled employee, a jealous competitor, an insurance company that doesn’t want to pay a bill, or a drug addict who wants a lighter sentence for stealing a prescription pad and forging prescriptions.

A board employee functions as investigator, prosecutor, judge, jury, and executioner. The politically appointed members of the board almost always rubber-stamp what the board staff wants. The staff generally controls the flow of information to board members and accused doctors. The doctor has no right to cross-examine accusers, to ask that conflicted or biased staff be recused, or to challenge the evidence against him—which he might not even have seen.

Don’t believe it? Listen to the testimony on SB286, the Physician’s Bill of Rights. (It starts at 1 hr, 34 minutes into the official video.) You’ll hear about doctors who were tops in their field unable practice their profession anywhere. At least six physicians were driven to suicide. A physician’s disabled employee lost her profession and livelihood when the board forced him to fire her. Families were devastated. Doctors were forced to spend tens of thousands of dollars and months in remote in-patient drug rehabilitation facilities, even though the facilities themselves found that the doctor never had a drug problem.

Most disturbing are the remarks by the opponents of due process rights for physicians, including the Federation of State Medical Boards and Public Citizen, a self-identified consumer advocate group. They did not contradict testimony about abuses. Instead, they asserted that “doctors need to be held to a higher standard” because “patients’ lives are at stake.” There’s an opioid epidemic, and sexual misconduct occurs, and complainants may fear retaliation of some sort if their identity is disclosed. Therefore, we dare not “tie the board’s hands” and impede their ability to “protect the public against bad doctors.” If the board ruins a few good doctors and even drives some to suicide, so what?

Doctors have “enough” rights, it was claimed. The current executive director of the LSBME read aloud from the board’s policy manual. But despite a legislator’s repeated attempt to get a “straight answer” out of him, he would not say whether one of the doctors who testified could finally get a copy of his own complete file, which he had been requesting for years.

The board’s supporters were dismayed at the prospect that a doctor might be able to question an investigator’s objectivity. Witnesses for the bill mentioned, several times, the chief investigator, She-Who-Is-Not-Supposed-to-Be-Named, who was formerly also the executive director. She had dismissed thousands of complaints and had been helpful to some doctors, but had ferociously attacked others, who appeared to be exemplary physicians.

So, who should care about a few doctors who might have been treated unfairly?

Doctors thinking of practicing in Louisiana should watch what happens with this legislation. Young people considering a medical career should be aware that their huge investment of money and years of their life could be wasted at the whim of a powerful official who is immune from any accountability for wrongfully destroyed lives. (The situation is not confined to Louisiana.)

Patients should worry. Thousands of Louisiana patients found themselves suddenly without treatment, and shunned by other doctors who feared being the next pain-management doctor to be cut down. Patients needing an affordable diagnostic test will have fewer choices because an excellent CT scanner and MRI machine were sold to someone in Dubai by a highly competent American doctor delicensed and bankrupted by the LSBME. Sick patients will have to rely more on practitioners with limited training because of the shortage of highly trained, experienced physicians.

All Americans should be alarmed at the burgeoning power of the administrative state, which is exempt from the limits placed on regular civil and criminal courts. If doctors can be stripped of their rights, so can you. Please watch the hearing and see for yourself.

I cannot get admitted into any LSBME-sanctioned treatment center because (not)surprisingly I do not fit the criteria for admission!

Since the LSBME refuses to explain to me what I need to have evaluated in the mental evaluation, I am relying on the treatment center’s admissions counselors to advise me on what they think I need. The fact that these facilities won’t just accept me to take my $5,000 does speak to their integrity, ethics, and honesty as they could easily say I can have an evaluation at their facility and take my $5,000, but they don’t.  The irony is that these are the treatment centers that the LSBME provided for me to contact. I cannot get admitted to the centers they said I had to go to! How can any of this be legal? Again, this is costing me time, effort, and energy. Not to mention– I still have cancer that I cannot get treated because I cannot afford health insurance. My attorney friend (who does not represent me) continues to provide valuable insight and encouragement. I could’t have made it through this whole ordeal without her kindness, knowledge, and willingness to help. I cannot express enough gratitude for her time and talents. 

2/8/2018 Attorney, I hope you are well. I spoke with the closest facility in my state about evaluation and this is the reply…. basically I don’t fit their criteria so I cannot get the $5k assessment at their center. 
Again this is what I was worried about. Since I don’t have a documented addiction how can I get an evaluation at any of the substance abuse facilities that the lsbme is requiring me to go to?  It makes no sense. 
Any thoughts? JM

2/8/2018 JM, This is a great and helpful reply! Now you have some terms “fitness for duty evaluation” – that’s what you need. And of course her advice that you need a provider who can do that to be approved by the board first. I would make sure you contact everyone on the list and say “Can you provide me with a Board ordered fitness for duty evaluation not related to substance use?” And then document every reply, and then we will send that to the Board. –Attorney

I continue to reach out via websites and emails to the other treatment centers on the list. To this day, Palmetto has not replied to my repeated emails. Bradford Health agrees with Talbott in that I do not fit their criteria for admittance. Pine Grove gets back to me and I’ll write another blog entry about how admission counselor Jessica Brook initially says, after reading my Board Order, that I do not fit Pine Grove’s criteria for admittance either. Surprise, surprise, but wait….. after Jessica Brook calls Esparonzia Spooner, who she knows “very well” (her words), to confirm that I do not fit the criteria, she changes her mind and decides that I need an in-depth, extensive several-inpatient stay mental health evaluation, which is bizarre considering the other two facilities who are not “good friends” with ES did not come to the same conclusions. It is almost as if after talking with ES that Jessica Brook comes away biased, influenced, and now recommending something not legally warranted. Huh, how bizarre! No, just crooked and corrupt, just the way LSBME likes to do its business. And ES wonders why I do not think its legal to withhold the reason for my mental health evaluation from me and insist on the facilities calling her for the reason. Shady, shady, shady, shady. 

2/21/2018 , 2/26/2018, 4/14/2018 Thank you for contacting The Palmetto Addiction Recovery Center.

We have received your information and a Palmetto team member will be reach out and contact you shortly. If it is important that you speak with someone immediately please call 866-848-3001.

We know how hard recovery can be, but getting the process started does not have to be.

Thank you again for reaching out to us. We look forward to the opportunity to speak with you.

Palmetto Addiction Recovery Center
86 Palmetto Road
Rayville, Louisiana 71269
Phone: 866-848-3001

2/21/2018, 4/14/2018 Thank you for writing to Pine Grove.
Our team will reply to your message soon, however, it may take up to 48 hours for a response.  If you need to speak to someone immediately, please call 888-574-HOPE (4673). 
 If you feel that you are in a dangerous situation as a result of your behavior, please seek help immediately at the nearest emergency department or contact local authorities for assistance.

2/21/2018 Bradford Health, 
Hi I am wondering if you can provide a Board ordered fitness for
duty eval not related to substance use? Thanks for the info. JM

2/21/2018 JM, Unfortunately we would not be able to provide that service. We are primarily
a substance and alcohol abuse treatment facility. If you need help related
to that, your next step is to come for a consultation – it’s completely
confidential and free. At the consultation we will answer any questions you
may have, determine the best level of care for your particular situation
(it’s different for everyone), and provide a clinical recommendation for
what comes next. Please call our 24 hour helpline 888-577-0012 and a
Recovery Advisor will arrange that consultation with you. Your life matters.
The best time to call is right now.

With You,
Loren, Recovery Advisor
Bradford Health Services
Recovery Advisory Center
www.bradfordhealth.com
888-577-0012

Again, the take home message is that the facilities that I have been forced to go to will NOT accept me into their programs because like I keep telling the LSBME— I do not have a problem with drugs, alcohol, nor mental health nor was any of it ever an issue in my case or adjudication. How is this legal again? oh, it isn’t. 

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

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

List of Five Drug and Alcohol Treatment Centers

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?

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

Still don’t know what the mental evaluation is for…

I sent this email three times before Ms. Spooner replied. 

12/1/2017 ES, You haven’t answered any of my questions to my last email (below). I’d like to know what this psych evaluation is for. And why it needs to be so involved (inpatient) when I don’t have a reason for it. It seems malicious, egregious, and not what a true professional regulatory board is designed to do. How is it ethical if y’all are requesting I have inpatient treatment when I don’t have a diagnosis? And how is it ethical for the psychiatrists to perform a psych evaluation when there isn’t an indication? And nothing in my order nor in my case suggests I have a mental illness or addiction.
 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? 
I sent an email asking if ridgeview institute in Smyrna ga is sufficient to provide the psych evaluation. You did not respond. Is this place sufficient? 
Likewise how am I supposed to pay total of court fees back when I can’t get a job with the suspension on my background check? Is there an appeal process or another way to pay this? Can I pay in community service hours? I’m not a doctor. I don’t make this much a year even when I did practice midwifery. And again I don’t have an income at the moment.  
I’m homeless. You can reach me at this email address. If I get a job or donate enough blood each month to get my own residence I’ll send you a permanent address. 
I’m trying to be compliant with whatever is realistically doable but it’s like the lsbme isn’t following the spirit of the law and is making decisions based on emotion rather than reality. 
I attached the Louisiana state board of nursing Cme’s in another email since my profession is most like a certified nurse Midwife not a doctor. Will these courses on the nursing Boards website suffice? You never replied to that other email which again makes it hard to be compliant with the order. 
Also 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? 
Likewise it states i need to make a personal appearance once off suspension. How do I get on the schedule? 
Thank you for your help. JM

Reaching out to the Federal Trade Commission

I am now frustrated, annoyed, and getting nowhere fast with the LSBME. They are bullying me around and preventing me from getting a job and health insurance that I need to get rid of the thyroid cancer. I reached out to many lawyers and public interest groups. However, because there are not many licensed midwives in Louisiana, there are not a lot of people affected or so it seems. One of the reasons for that is the antitrust issues the LSBME presents. It intimidates midwives so that of course there will not be many in the state especially ones who they have deemed disruptive. I wrote to the FTC, but have not heard from them yet. 

12/1/2017 I am certified as a certified professional Midwife (CPM) through the North American registry of midwives (narm). I have an associates degree in direct entry midwifery (non nursing). I had a midwifery license that was unrestricted in WI. 

I would appreciate any help with the Louisiana state board of medical examiners (LSBME). It is beyond corrupt. Two years ago my (non-nurse direct entry) Midwife license was suspended based on their opinion that I was a danger to the community even though no one was hurt or injured. They claimed I delivered a baby incorrectly even though the parents testified on my behalf that nothing went wrong and they’d hire me again. The complaint was from a photographer who didn’t have any medical training. Conveniently that same year a competing birth center opened five miles away from my home in my city. The photographer worked closely with that birth center.  When Home birth non-nurse midwives (certified professional midwives or CPMs) were originally licensed the state rules required a board of Midwives to review licensing complaints. As years passed and the state couldn’t afford to fund the midwifery board because of budgetary constraints it was absolved and combined under the medical board (all physicians). Currently no midwives (nurse or non nurse ones) serve to review complaints. During the adjudication the lsbme held me to an obstetrical standard or a CNM ( certified nurse Midwife) one. I’m not a certified nurse Midwife. 

By suspending my license indefinitely the LSBME limited its citizens access to a home birth Midwife because i had a patient who delivered unassisted without any trained medical provider at Home three days after my suspension because I didn’t have time to petition the Board for a completion of her care as it was a weekend. I had no choice but to stop caring for clients in the middle of their pregnancies even though I was not sure how I was a danger to clients as no one in my care had been hurt or injured or died. I had only had a midwifery license in la for a year. And it was my second delivery. Additionally I had a doctor overseeing all of my clients per la law. The doctor stated in EMR five times that my client was suitable for a home birth. I have an associates degree in midwifery that I cannot use now as my license is permanently suspended. I also have another degree in midwifery from a private school in Florida but I cannot gain licensure there because of my suspended one in la.  I had a license in Wisconsin also which was not affected but I chose not to renew it. Since there are only 10 licensed midwives in Louisiana losing one Midwife can limit access to care for women seeking out of hospital births. Clearly midwives are competition for doctors.

The board is imposing egregious and burdensome requirements for my Suspension to be satisfied. For instance a psych evaluation with no basis for this. And although the order doesn’t state the level of psych evaluation the doctor in charge of the board is making me get an in-depth three-day in-patient  evaluation. Again there is no basis for this as no drugs, no alcohol, nor psych disorders were involved in my case. Likewise the Order doesn’t give a “diagnosis” for the psych evaluation as their isn’t one but nevertheless I need to complete one. 

Please help. I moved to Georgia to continue working as a Midwife because it isn’t regulated in ga. And because I cannot get a job because background checks prevent me from qualifying. 

I tried to link the adjudication from the lsbme website but it is unavailable at this time. Thank you. JM

No total yet and still waiting for reason for mental exam

11/28/2017 ES, I hope your Thanksgiving holiday was well. 
I need to seek preapproval for this Institute to do a psyche eval, despite the fact that there is no basis for the psyche eval. Please let me know if it is acceptable. https://ridgeviewinstitute.com/recovering-professionals/ 
“The Recovering Professionals Program is offered at our Ridgeview Institute Smyrna location.
Ridgeview Institute began treating health professionals in 1977. We learned that professionals in other fields experience similar stressors, develop similar coping styles, and often require the same kind of intervention and treatment to bring about recovery. In 1987, our program expanded to include treatment for all professionals with addiction and dual diagnosis disorders. Since 2004, we have earned a national reputation for also treating professionals with a primary psychiatric illness. Safe Drug Use for the Recovering Addict or Alcoholic.Professionals may self refer, be referred by an employer or mandated for evaluation by a licensing board or agency to determine both the nature and extent of current problems in functioning. Upon admission, our multi-disciplinary team will provide a comprehensive evaluation of the patient’s physical, psychological, and spiritual health. Additional testing or screening may be provided, as needed. At the conclusion of the evaluation, the professional and referring organization receives a diagnostic summary and recommendation for further treatment at the inpatient, day hospital, intensive outpatient level. Aftercare is available to assist the professional in the transition after treatment.”
Likewise, will my primary care doctor (Dr. Lee or another doctor at OLOL Primary Care physicians in BR) be adequate for a physical exam? What exactly are you looking for? Any certain tests?
Also, the Louisiana State Board of Nursing has already compiled a list of acceptable remedial courses, I am seeking preapproval for one of these courses in either ethics and medical documentation from this list. Please let me know asap which courses are acceptable. 
http://www.lsbn.state.la.us/Portals/1/Documents/rnp/ResourcesCECourses.pdf
“Preferred Continuing Education Providers for disciplinary remediation. If you wish to take a course not on this list to fulfill your CE requirements as stipulated in your Board Order or Agreement, please e-mail a course description with the provider name to monitoring@lsbn.state.la.us for pre-approval.”
National Council State Boards of Nursing Learning Extension http://learningext.com• Righting a Wrong: Ethics and Professionalism in Nursing- Renew your commitment to ethical and professional conduct.• Ethics of Nursing- Balance your values and the right of your patient to self determination.• Medication Errors- Understand dangers and minimize risk of nursing medication errors.• Documentation-Help doctors prescribe care based on accurate nurse charting.
American Nurses Association (ANA) http://ananursece.healthstream.com• Applying ANA’s Code of Ethics to Everyday Practice (exp. 12/31/2016)• The Sacred Ethos of the Everyday World of Nursing (exp. 12/31/2014)
RN.org www.rn.org/• Documentation: Accurate and Legal• Legal: Ethics for the Professional Nurse
Nurse.com http://ce.nurse.com• Document it Right: A Nurse’s Guide to Charting (exp. 06/22/2015)• Document it Right: Would Your Charting Stand Up to Scrutiny (exp. 06/22/2015)
RN.COM http://www.rn.com• Professional Documentation: Safe, Effective and Legal (exp. 06/01/2015)

Thanks for the assistance. I look forward to hearing from you soon. And I am still waiting for the total of court fees. 

11/28/2017, ES, I forgot to add would any of these courses suffice for ethics or medical documentation? They are from the Massachusetts Medical Society. Thanks, JM

It has been two weeks in addition to two years of waiting for the LSBME to add up the total for my hearing. A four-year old could add this up faster. One has to wonder how ethical this is? Doesn’t the LSBME have to submit a budget to the state? Doesn’t the LSBME have to balance its books so-to-speak? How is the fact that they didn’t have a total yet legal? Additionally, I am now doing my own research to find what courses will suffice and still asking about mental health evaluation criteria. I ask if my personal general practitioner is good enough for the physical part and if a local treatment center in Georgia is good enough. 

Still No Total nor Reason for Mental Evaluation

11/21/2017 ES, Thank you for the information. Is the test taken in Hattiesburg? 
What do you mean by reinstatement application? Can you give me more information?
Is there a list of doctors that do physical and mental or are both at that facility in Hattiesburg? Thanks for the help. JM

11/21/2017 ES, Also. I have to pre approve everything in my order. How do I go about doing this? Will sending my courses and selected doctors to the board via certified mail suffice? I don’t live in Louisiana. Thanks, JM

11/21/2017 
Good morning,
Yes the evaluation will take place in Hattiesburg, Mississippi. Ms. Brook will set everything up once you contact her. A separate list of providers is not necessary as you will be evaluated by the treatment team at Pinegrove. When I discussed your case with Dr. Mouton, she instructed me to give you the contact information for Pinegrove to have your evaluation completed. You will need a reinstatement application because you have not had an active license since December 19, 2014. ES

*Take note that Dr. Mouton is the women who has been terrorizing healthcare providers under her authority. She will finally be removed from this post in the summer of 2018, but until then she continues to destroy people like myself. And just to extort more money out of me, the LSBME is making me reinstate a license they have put on suspension. How can this be legal to make me pay for a license I cannot use and they suspended? 

11/21/2017 ES, You said there was a list of psychologists in Louisiana. Can I have access to the list? The contact you gave me in Mississippi seems a bit much for having no diagnosis. They want a three day evaluation for $3,000.  That’s insane especially when there was no reason for this Court order.  I’m located in Georgia. Is there a closer facility or doctor where a basic psych exam can be accomplished. Usually most courts require a 2 hr one which is a few hundred dollars. This is extortion to require me to have an expensive in patient evaluation for no reason. Does my attorney need to contact you for the list? Thank you for your time. JM

11/21/2017 ES, I spoke with Jessica brook and again I need to give a reason for the evaluation and I haven’t got one. Can you please give her a reason? Since my case was not based on drugs or alcohol or any mental issues I don’t know what you are looking for. 
Can you send a link or tell me what needs to be done for reinstatement? How much is there a form? What’s required. Thank you. JM

I ask repeatedly for Ms. Spooner to tell me what needs to be done to reinstatement, besides the obvious fulfill requirements. I am wondering if I need to fill out a form and how much reinstatement will cost. She seems not to comprehend what I am asking. Sadly this won’t be the first or last time we have issues communicating. However, I am more than willing to fulfill my egregious requirements, I just need information to get them going. The deliberately keeping information away from me has been hindering my ability to get my sanctions accomplished. 

11/21/2017 JM, I did not know that you were in Georgia. A basic evaluation will not suffice. I have to discuss this with Dr. Mouton and I will get back to you. If you want to have your license reinstated, you must comply with the stipulations in your Order. ES

Ah, yes, Dr. Mouton strikes again by telling me I need more than a basic evaluation, but won’t tell me why or what exactly I need.

Again, I am not questioning that I need to comply with stipulations to have my license reinstated. I get that.  I am asking for the cost and forms associated with it, because naively, I thought I would be getting off suspension soon. hahahahahahaha.

And seeing that it has been over two and a half years since my hearing and they still do not have a total for fees, something tells me accounting is not there specialty.

And who cares if I am in Louisiana anymore? How is that relevant?

11/21/2017 ES, Why won’t a regular assessment suffice? Especially when There isn’t a reason on the order for the psych or medical evaluation. 
I understand that I must comply but you aren’t explaining what that means. What does reinstate mean? What do I need to do to reinstate? Do you mean just comply with orders or is there more that y’all are going to tack on? 
The lsbme cannot make requirements that are burdensome and egregious. it’s unethical at the very least to require me to undergo medical and psych evaluation for no reason other than on the whim of dr mouton. You haven’t provided a reason to me to have to have an extensive assessment. Its wrong and borderline illegal. JM