Tag: LSBME

Second email. Please respond ASAP

jmacmidwife

I am getting really tired of having to constantly email these people and get no response. How is any of this legal? They take my license and prevent me from fixing the licensing then do not respond to my emails in regards to fixing it. Its outrageous! The LSBME’s attitude that is above the law is not fair or just. This is my second email to my Compliance officer, Ms. Spooner. Same message as it was 6 days earlier.

Hi Ms. Spooner.
I just wanted confirmation that these Board of Nurses courses (from RN.com) I’ve taken from the are sufficient. Im including a list of all the courses over the last four years. You’ll see that I have over 344 CEUs of which 61.95 CEUs (23 classes) are in Medical Record Keeping, 32 CEUs (13 classes) are in Medical Ethics and 53.9 CEUs (17 classes) are in the evaluation and identification of high risk pregnancies. I’m sure you’ll find these as more than sufficient in fulfilling this sanction 2.   
Thank you.  JM

First email re:sanction 2 (344 CEUs)

jmacmidwife

So I practically have another college degree based on the number of continuing education units I have taken in the last three years. For reference in order to recertify a midwifery license in Louisiana, one needs 15 CEUs/per year. I have 344. Not only do I have a EMT certificate, BS degree, AA degree in midwifery, and Diploma in Midwifery, I have the NARM’s most recent certification— the bridge certificate to essentially make my education standard. I am a preceptor able to teach fledgling midwifery students. I am basically over-qualified for any out-of-hospital midwife position. States should be clamoring to have me practice there. They should be handing me licenses. Since my compliance officer still (since 2017) has not answered my question about which classes will fulfill sanction 2, I reach out to her once again.

Hi Ms. Spooner.
I just wanted confirmation that these Board of Nurses courses (from RN.com) I’ve taken from the are sufficient. I’m including a list of all the courses over the last four years. You’ll see that I have over 344 CEUs of which 61.95 CEUs (23 classes) are in Medical Record Keeping, 32 CEUs (13 classes) are in Medical Ethics and 53.9 CEUs (17 classes) are in the evaluation and identification of high risk pregnancies. I’m sure you’ll find these as more than sufficient in fulfilling this sanction 2.   
Thank you.  JM

Reaching out to the media and legislators

jmacmidwife

After speaking with a dozen or so attorneys, the take home message is that I most likely have to get my license off suspension in Louisiana before I can succeed in Florida. What a conspiracy. The Federation of state medical boards is the biggest cartel in healthcare, next to the insurance companies of course. What happened to my Constitutional rights to life, liberty, and the pursuit of happiness? I literally cannot get a job because this bogus suspension shows up in a background check. I am a midwife. I wish I had skills to landscape yards or fix cars, but I don’t. It is hard enough finding a job with such a specific skill set, let alone when your background check comes back with this. I begin searching Google for answers. What options do I have? Obtaining an attorney to apply the denial in Florida will be expensive and long and possibly result in no license. Likewise, pursuit of litigation in Louisiana could result in nothing as well except more debt. The medical board isn’t the only thing corrupt in Louisiana– the court system is as well.

I reached out to several news agencies and bloggers. I shared my piktograph on social media. I was on the hunt to find others who could help me dig out of this never-ending hole. After finding Dr. Orient’s article on how LSBME is above the law, I contacted the Senator from her story– John Milkovich. It was suggested to me by a few attorneys to reach out to a few legislators and see if they could put political pressure on the board. Senator Milkovich seemed like the perfect candidate as not only did he propose the bill to provide oversight for the LSBME, but his fervent presentation in front of the Louisiana legislature was nothing short of fire and brimstone Senate style. It was amazing to see someone else so passionate about justice for his constituents. So, I emailed him.

Hi Senator,
First off I want to thank you for presenting the LSBME bill. My midwifery license was also unlawfully suspended indefinitely unless I enter a drug rehab facility for a physical and mental health evaluation (to which no drugs nor alcohol nor mental health issues were in my case at all). It is ridiculous that these people can continue to ruin lives as they do. If you have any contacts to how I can put pressure on the LSBME to work with me, please let me know. I have $18,000 in fees to pay, the $5,000 week long physical and mental eval to attend, three courses, a test to take regarding rules and regulations, and the $300 fine. But they keep moving the ball so-to-speak, telling me my courses arent good enough– they have to be preapproved, and that I cant complete the test sanction until I have the mental health evaluation. Any advice on getting part of my life back is appreciated. Thank you. 
JM

Does your medical licensure board protect you? lol no

jmacmidwife

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.

File a complaint about board actions and board procedures

jmacmidwife

Finally–some oversight and accountability. But will anyone read these emails or answer the phone calls? Only time will tell. I actually stumbled upon this info on the LSBME’s website, but the first time I saw it was in the email signature of my compliance officer in October 2018.

In compliance with Act 2018-655, the Board gives notice to its licensees and applicants of their opportunity to file a complaint about board actions and board procedures. You may submit such complaints to one or more of the following organizations:
​1. Louisiana State Board of Medical Examiners; 630 Camp Street, New Orleans, LA 70130; (504) 568-6820; lsbme@lsbme.la.gov.
2. Committee on House & Governmental Affairs; La. House of Representatives; PO Box 44486, Baton Rouge, LA 70804; (225) 342-2403; h&ga@legis.la.gov
3. Committee on Senate & Governmental Affairs; La Senate; PO Box 94183, Baton Rouge, LA 70804; (225) 342-9845; s&g@legis.la.gov.

Attorney Writes the Board on My Behalf

jmacmidwife

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.

jmacmidwife

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

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

jmacmidwife

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)

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