Corruption Watchdog Presents:
Corruption Watchdog Presents:
Racketeering Influenced Corrupt Organizations
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Taxpayers are being robbed blind with no legal recourse. A loophole is maintained within the State Attorney's Medicaid Fraud Control Unit wherein prosecution can only take place if Medicaid has been billed for services which were NOT performed. Fraud through overmedication practices by R.C.C.F.s creates and maintains new problems, or expansion and maintenance of the original problems, for which Medicaid is then legitimately billed in the eyes of the state. A Detailed 35 page documented complaint, including a narrative was submitted to the State Attorney's office for prosecution with actionable causes clearly identifying the fraud mechanism, to no avail. The State Attorney should be protecting Colorado's citizens from these racketeers and rip-offs, not assisting state agencies in avoiding civil liability or supporting the state's immunity against corrective civil procedures. Our complaint to the Attorney General's office didn't even net the usual one-paragraph form letter stating they aren't going to do anything.
... Can you imagine what the Attorney General himself would have done if some state agency bypassed Title-19 CRS notification requirements, (with state's immunity), then (through deceitful prosecutorial practices) seized his kid, recklessly over-medicated him with consent of the state, (created and maintained medical conditions while usurping Medicaid funding to correct them), all the while bouncing him through a dozen different R.C.C.F.s', flagrantly exceeded drug manufacturer's product safety warnings and finally returned his kid to him, years later with Drug Induced Parkinson's type movement disorder, years after the six month deadline to file damage claims in Colorado -and no legal recourse?
NOTE: This editor has received e-mails recently on this Med Issue and Myron Stratton in Colorado Springs, Co., that have been bounced back, impossible to reply to. If any problems or delay in response, Fax copy of e-mail to: 970-249-4561 |
This Drug Ruins Lives (.) Here We Present Janssen Pharmaceutical's Official Risperdal Poster Boy. http://www.schizoaffective.org/koi/risperdal.htm This Dangerous product Should Be Removed From The Market ASAP. Our case exemplifies the typical scenario wherein injuries occur; The big herd who used it on our kid were State Social Workers who needed to progressively create and maintain a problem for MEDICAID cash flow interests, while their lawyers intercede into the decision making chain between the parent and the Physician. This dangerous product causes permanent disability while causing torturous side effects that never ever go away. Our case exemplifies the typical case scenario where this dangerous drug is used and known, avoidable injuries result. We had to politely watch these people intentionally use this horrible product for inducing Parkinson's to our son for the sake of the state's pecuniary gain. State social workers intentionally violated our family's Human Rights for profit. _______________________________________________________________________________ Jennsen Pharmaceutica 1125 Trenton-Harbourton Road P.O. Box 200 Titusville, NJ 08560-0200
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...The tragic story of how the State of Colorado has left this juvenile with a case of Drug Induced Parkinson's type movement disorder.
...An expose' of the intentional medication mismanagement practices employed by state agencies which progressively create and/or maintain medical problems in front of them, then usurp state and/or federal funding to "correct" them.
...We calculated that over the years, including the corrective hospitalization, Colorado taxpayers were ripped for about $250-600K on this case alone. We estimate that many of the cases we observed in the R.C.C.F.s' were netting between $100K and $250K each, on average over their course.
-There clearly is > the need for legislation < !
...This author estimates it would take a citizen with -at least- an extra $150,000. to $500.000., laying around and about two years of expert litigation to clean this mess up. The State of Colorado most successfully targets victims who are below a certain income level and below a certain education level -and the taxpayers get ripped...
A Class Action Suit is warranted. Any interested parties
> CONTACT <
SALAZAR KEPT COLORADO'S BIG GUNS POINTED AT IT'S CITIZENS WHILE TAXPAYERS WERE BEING ROBBED BLIND
Any insiders want to talk?
The Montrose Department of Social Services/C.P.S., expanded so much they took over this massive, City Block sized facility. If this agency doesn't use their entire budget, they may lose it each year.
...On December 3, 2001, another unrelated perjury complaint was submitted to Salazar's office for prosecution and to this date remains unresolved: http://www.westernslopelp.org/Attorney_General.htm . As the A.G's office remains unresponsive to legitimate complaints of ongoing injuries to Colorado's citizens, Colorado remains a haven for fraud and perjury.
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Montrose Dept of Social Services employees; Bobe Hartman, Linde Pagone and Larry Munyon authorized these massive medication combos. Linde Pagone, now with Delta County DSS drew up the original 1994 "long-term treatment plan," (which included designations, therein which were beyond the scope of her licensing and credentials in apparent violation of; 12-C.R.S.-36-117- (bb), (I)). Our son was administered combinations of these types of meds for years straight.
We discovered that these agencies of the State of Colorado were forcing 1200 mg., of Lithium salts through our son's body and liver each day. We complained. They, then later on, openly lied to us in claiming it had been discontinued when in fact it had merely been reduced by 50%.
-The Parkinson's-type movement disorders continued after discontinuance of treatment with massive neuroleptic medication regimes, to this day -EXACTLY like the brazen warnings published in the P.D.R., were intended to prevent. Studies have proven the risks of long term neuroleptic usage (It appears that young Donald @ 5-6 years old, was diagnosed to have some minor degree of intestinal problems, and that these state agencies acted in a manner which exploited it, expanded it, maintained it and made it worse as it continued to be a tool for usurping Medicaid funding -over a long period of years).
We plainly observed our son in this [Residential Child Care Facility] with Parkinsonian Tremors, Cogwheel Rigidity, running in place, wet, soiled and could be smelled 5 feet away. Rhythmical jaw movement was noted and when I held him he "vibrated" and felt like he was plugged into an electrical socket. ...And he was being given Dyphenhydramine to cover the symptoms. All of these symptoms were cited by their drug manufacturer's in their product safety warnings published in the P.D.R. Since 1957 studies have proven that High Risks are associated with long term Neuroleptic use...
...We absolutely couldn't believe it. It was criminal.
...Mr. Donohoe had just transported our son up to Denver from the notorious Cleo Wallace R.C.C.F. in Colorado Springs. His nose should've told him there was a problem which wasn't related to (false) allegations of "past parental abuse" years earlier as these R.C.C.F. fraud-techs and Montrose Dept., of Social Services fabricated. Any ambiguous "concerns" presented to the courts by B.S. Degreed court officials and/or quasi court officials, were automatically incorporated by the 7th Judicial District's Gomer Judges .
...Thanks to this corruption within the state of Colorado, Our juvenile has suffered irreversible Induced Parkinson's-type movement disorder symptomology since before the age of 11. These symptoms were first noted at age 8 while The State of Colorado ruthlessly continued to medicate...
A complaint was later filed against Donohoe with the State Grievance Board regarding his fabricating exaggerated "concerns" he'd reported. Donohoe had concerns about allowing any visitation at all with us because of our "attitude" regarding maintaining the state's prescribed medication regime that was causing and maintaining this problem. (Reviewing the numerous complaints filed against Donohoe, he was one of several, who exhibited a consistent pattern of fabricating ambiguous "concerns" which are presented to the courts, which ultimately prove to have little or no substance, or material evidence supporting them. Only, if there was the slightest disagreement about anything; Mr. Donohoe would -additionally ...submit to the court that we had an "attitude," as if it was necessary to include some intentionally slanderous, "extra" derogatory statement to the courts and/or usually an indication of our Non-Cooperation with the State's Treatment Plan, and this would usually result in another 6 months added... There seems to be some developed Art Forms of this embellishment technique among DSS/CPS caseworkers)... The State Grievance Board did nothing within the time frame wherein an investigation and action would've diminished the final degrees of damages...
Then when Magistrates like Dennis Freidricht of the 7th, or Richard Brown, sit like mannequins and rule in favor of the state and it's agencies -[every single time, except for a couple of minor contact visits]- (as though there is some state law requiring them to rule in favor of the state), the court has effectively allowed the manufacturer's product safety warnings to be superseded -and there exists a flawless state-agency fraud loophole for appropriating Medicaid funding -with no end in sight. ...Any social worker can fabricate "concerns" and these Gomer Judges will automatically rule in their favor, (even if drug manufacturer's product safety warnings are exceeded), while the lives of kids and of parents are absolutely ruined and taxpayers are robbed blind. It's almost as though these Judges themselves would be fired instantaneously or spend 5 years in prison themselves if they ruled contrary to the state's interests. An entire decades of our lives and happiness were destroyed and filled with around 1500 pages of lawsuits and complaints.
We sued in the 10th Circuit Federal Court: Case# 96-B-1181... The ONLY thing even discussed was the "Immunity" of these perps. The ongoing over-medication issues were avoided by their attorneys. The case was dismissed, allowing the exact injuries we intended to prevent to happen. This case presents a textbook example of Tardive Neuroleptic Induced Movement Disorder, which could have only been caused by Negligence in connection with the instrumentality. This was so Foreseeable and preventable...They continued to derail the legal proceedings for as long as they possibly could, while over-medication ran rampant... Now we have a teenager with shaking hands...
We want to see this Medicaid Fraud Loophole closed with remedial legislation...
On November 17th, 2004 a formal F.O.I.A. was filed with Montrose H.H.S. requiring copies of ALL files. This costed us over $1,000. for copying and is expected to come into play in it's time.
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Where the hell was the Guardian Ad Litem through all of this? Montrose Attorney Barbara Remmenga supposedly represented our son's paramount interests. She, instead apparently represented the Medicaid cash flow interests of Montrose Dept., of Social Services and was duly notified of our complaints regarding the potential of neuroleptic induced medical injuries and seemed to serve no purpose other than as an extra licensed attorney parroting Social Services while the injuries were occurring. She was finally knocked out of the picture when she was included as a defendant in a law suit filed by us in U.S. District Court. She claimed absolute immunity to any litigation whatsoever and did absolutely nothing to help the juvenile or to prevent injuries while under her care. She also sited injuries induced by medication and maltreatment by these institutions, after the fact -in her defense; specifically an incident arising where young Donald was locked in a bare room with no windows or features for a period while on a massive medication regime. Attorney Earl G. Rhodes of Grand Junction prepared a presentation to the court of behalf of Remmenga showing all of the screwed up aspects of the kid, just slandering him to an almost subhuman level -and intentionally omitting a key page in the file from Mt St. Vincent's R.C.C.F., where a favorable certification having exculpatory and redeeming character statements by the Doctors upon admission differed completely from his condition when he left. Remmenga, in fact did nothing, then flat out lied against Donald's interests to save her own hide when U.S. District Court litigation started. Donald was kept on usually 4 different major psychotropic medications at the same time. One of Remmenga's key points in her defense was a reference to what young Donald had done while locked in a room with no features, windows, etc for 2 weeks while he was over-medicated with these stimulants. She (and Earl G. Rhodes Atty) blamed past abuse from parents for this incident in Denver over which we had no control or knowledge thereof.
The gross negligence and nonfeasance of the G.A.L. in consortium with an attorney resulted in our juvenile suffering irreversible Neuroleptic Induced Parkinsonian Tremors, being raped in a Colorado Springs trailer park by some Hispanic male and bounced through a dozen different institutions including the State Hospital where they reported that they took young Donald off of the previous medication regime from Mt. St. Vincent's and "After a while he became a polite and charming boy."
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Child abuse, inflicting pain and
suffering on children, is simply
defined in the Colorado
statutes as follows:
"A person commits child abuse if such person
causes an injury to a
child's life or health, or
permits a child to be unreasonably placed in a situation which poses a
threat of injury to the
child's life or health, or engages in a continued pattern of conduct which
results in
malnourishment, lack of proper medical care, cruel punishment, mistreatment,
or an
accumulation of injuries which ultimately results in the death of a child or
serious bodily injury
to a child."
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List of perps:
Linde Pagone -Montrose/Delta DSS -made medical & psych diagnosis beyond the scope of her licensing and credentials, setting up the funding scheme for years ahead. Violated: 12-C.R.S.-36-117- (bb), (I)., and should have been prosecuted. Was perpetually derogatory, more to come on her ...
Bobe Hartman -Montrose DSS Supervisor - Authorized massive drug regime leading to tardive, neuroleptic induced movement disorder.
Sean Donohoe -Montrose DSS - Authorized medications which resulted in damages -in full view of severe adverse symptoms/etiology listed in drug manufacturer's product safety warnings.
Doris McCauley -This was one of the later on case workers who kept the $100+/day Medicaid rolling into DSS. She had this little tone in her voice which was always denigrating and protective of her employer; the state. She is the type from whom we now would expect to hear that "we were agreeing with what the Dept was saying" about us or our role for us outlined by the department... Well, Doris we considered you to be one of the kidnappers of our son who was recklessly over-medicating him. Believe me when I say we told you -whatever- we though you wanted to hear. We would've even feigned to have converted to Islam if that's what your God Damned dept wanted.
... All of these social workers were involved in maintaining medication regimes, usually consisting of 4 overlapping meds, which caused and maintained 100% loss of social interaction skills. The specific condition he had was legally recognized as a "disability," allowing the state to maintain it for years & years while submitting billings to Medicaid. All too often in some cases they are able to claim the patient's Social Security income simultaneously for the services they are providing. All of these social workers would then attempt to employ the embarrassment surrounding the intrinsic nature of the medical condition, as a tool for avoiding publicity to their racket, a means of introducing and addressing us and other parents. These people caused a medical problem for a billing R.I.C.O., scheme and would then cite "past abuse from parents," prosecuting & accusing us as the source. (They all will appear in our upcoming book).
Lisa Pavlisick; -This was truly the first one in DSS who started our children's nightmare. Interacting with a teacher; Mrs. Bowdry at the Riverside Head start school, she came out on our place one day when I was gone and initiated the very first false allegations and the processes of misery. Her demeanor throughout was reminiscent of that of 9 year old girls playing in a school yard in little cliques, you know the puffy & haughty little tones they have at that age and how they can blow some snotty little issues to the peak of seriousness? Only Pavlisick's allegations, applied in a state level law enforcement format were felonious in there effect on our family and contained the sleaziest imaginable mixture of virtually, all-encompassing Biblical slander which included; cuts, bruises, beatings, breast-feeding, insanity & all known forms & types of sleazy sexual abuses. Exactly -All of the worst possible allegations, combined. We were sickened at the Biblical nature of this slander.
MPD/CBI's low slugs like Det. Hall and the women in the dept, further slung & embedded this slander far and wide throughout the community without our knowledge of any of it. These embellishments we believe, led in part to MCSO/MPD/CBI's interaction in over 400 counts of trespassing, including; multiple counts of armed, warrant-less illegal entries into our home over a period of years, possible for the servicing cameras & mics in our bedroom & over our bathroom mirrors, all the while this area's 150 or so extra police personnel trained on us for their protection. (These groups surely by now, have 1000s' of hours of live-ammo training on this property). Mrs LaBarr was notified that she had been placed on a national registrar of child abusers. We FOIA'd DSS for a copy of her original document. DSS failed to comply with the requirements of the FOIA. It cost us $1000 to pull the entire file. ***Watch for updates here as we scan and publish the not only false, but minuscule degrees of what DSS referenced for decades as "Past Abuse." We are going to bring up 100% of this entire issue for all to enjoy.
Olyk Salaz -Colorado Christian R.C.C.F. -One of several Medicaid fraud techs involved with -over-prescribing meds which created medical problems for continued Medicaid billing.
Barbara Remmenga -GAL: Allowed parkinsonian-type movement disorder to develop under her premise. Failed to "hold paramount" child's best interests. Multiple excuses... Actually lied against the child in consortium with DSS. The final -horrible- dispositive fact is that our juvenile was permanently disabled and raped while under her care. It's unknown whether she even saw her ward more than 5-6 times during the years. She served no purpose whatsoever other than another licensed attorney mimicking The Peyton Place Gossip Hens @ DSS/CPS.
Dennis Freidricht -Magistrate who rules for the state in the important issues -every single time -even if manufacturer's product safety warnings are exceeded and/or are being balanced with state agency budgetary interests by Social Workers. Dennis seems to rule for the state every time but is credited by us for his decent courtroom demeanor throughout this horrible event. I believe that if Dennis would have actually seen Donald 111's condition, he would have questioned the accuracy of the Social Workers' testimony which was shielding the severity of the condition. The child was being bounced through institutions on the Front Range, raped and has Parkinsonian Type Tremors 10 years later. Lacking in the negative aspects of some other judiciary officials, he is NOT listed on this site's Bad Judge Expose' page: http://www.anti-mafia.com/MONTROSE_COLORADO_JUDGES.HTM.htm ...And, he resigned on the case when his name appeared once in the proceedings. Comparatively and in contrast; The Notorious Judge Richard Brown continues on our current case, gnashing, muttering and scowling after an Affidavit Of Prejudice has been filed with the City, the State Judiciary Dept., Governor exposing material misrepresentations, while denying motions to allow recording devices of any type in his court. There's a lesson here regarding court ordering unnecessary medical and psych treatment. We now have a damaged child and our only option is to go back on these fraud mechanics with exposure and retribution. Now a decade later, we are reeling from the misery of unnecessary treatment and assessing the damages -and exposing these fraud vendors for all time or until the residual symptomology is no longer noticed.
***Dr. Marsha Somners -Does Court Ordered Psych-Evals "for the State." Took (5) months to return our court mandated work when the average turn around time is 5 days. Here's who all she interviewed for "our" report to the 7th and DSS:
Her
report was based
upon:
Review
of data from the Department for Social Services file
1
1/2 hour interview with Lindy Pagone, caseworker
1
1/2 hour interview with Eddie LaBarr
1
1/2 hour interview with Debbie LaBarr
1
hour interview with Julie Michaelson, therapist at Mt. St. Vincent Home
1
hour interview with Don LaBarr
1
hour interview with Inga Cheatam
Interview
with Barbra Remmenga
Results
of testing: MMPI-2 Minnesota Multi-phasic Personality Inventory and MCMI III
(She appears in our upcoming book).
Her creation remains in evidence today as a classic literary work having contributed to the level of damages sustained by ALL parties in this event. It was the most sickening accumulation of words skimmed off of all the others, ever printed. Horror -Slander? All of the ugliest remarks, comments and opinions of the other (5) parties she interviewed were surgically extracted from their verbatim and applied in our characterization. My personal take on her during the interview is that she looks into one's eyes as though she's focused on a point about 14 feet behind their head, and she's aligned and projecting this repeating phrase; your sick, your disturbed, over and over. I believe if I'd had a cattle prod in hand I could've reached up from underneath and zapped her nose and snapped her out of her episode! She set up Medicaid fraud vendors for tons of cash...
Her contributions clearly protected the State's position and interests and serves as a reference as to the level of damages done by the HATE CRIME perps when retrospectively applied in proper context today. Part of it will be published to reveal how her creation helped the State of Colorado prosecute us to the fullest extent of the law as deadbeat parents who were just in denial and trying to blame all of our personal problems on everyone else in the community. It armed local Social Workers with wrongful treatment directives for several years while our son was dragged through Colorado's institutions and trashed. In July 1995 he was decreed DISABLED. Parts of this psych-eval have been cut & pasted into the upcoming book: LaBarr v. DEA. The book opens up & reveals an inside look into the world of the Medicaid Fraud Vendors in our case in addition to introducing the Doctors who treated us and the results of their treatment.
Larry Munyon -Montrose DSS Director ... Bureaucratic ineptitude in it's pristine state...
Greg Moxley -Montrose County Attorney, Prosecutor -Participated in a 120 day delay in Federal court civil case -while irreversible injuries were developing... Imagine if Mr. Moxley himself needed a critical medical procedure to avoid a lifetime of disability, (yet, found himself to be a character in an old 60's re-run of Peyton Place) and some useless extra State of Colorado employee with a B.S. or B.S.W. degree; (having no interest or concern in his personal health whatsoever), created a 120 day delay on that medical procedure, (simply because they were absolutely immune to any type of civil reprisals, and The Peyton Place Gossip Hens @ DSS/CPS hadn't reached a decision yet), and permanent disability resulted... Our son will be thanking Mr. Moxley for the rest of his life. (Also, a recent F.O.I.A. was sent in to the Montrose HHS seeking copies of the very first allegations made against our family from DSS employee; Lisa Pavlisick. Their response indicated that evidence may have been destroyed. References to "past child abuse" continually surfaced throughout the course of this decade long crisis, which had no merit). It's plausible that this group would destroy any potentially damaging records...
Dr. Sara Crowner - Cleo Wallace R.C.C.F. -One of several over-prescribing Medicaid physicians. ... In fact a real Pill Shoveler.
Larry Bailey -Assistant State Attorney General (Medicaid fraud control unit) -failed to act to prevent injury. We whined to Deputy Larry Bailey, Chief Medicaid Fraud prosecutor at the state attorney's office in Denver about this, sending him a 100+ page complaint including 35 pages of narrative. (We hit 2-3 other agencies with the same package). "The state Attorney will only prosecute if Medicaid has been billed for a service which has not been performed." His hands are still shaking, to date. Recent e-mails have related accounts of abuse of the elderly through the administration of Neuroleptics. It's time for Legislation.
Ken Salazar -State Attorney General -Oversees state's (Medicaid Fraud Control Unit) -allowed injuries to occur through non-feasance. Failed to even investigate this (actionable) Medicaid fraud mechanism complaint, an action which would've resulted in a reduction of the level of irreversible tremors existing today. ...The final question is: "Why does our kid have Parkinsonian type tremors today?"
Michael Stern -7th Judicial District Attorney -was presented case in time to pre-empt all damages -refused to act. A question arises whether or not a circumvention of U.S.C. occurred when the District Attorney's office failed to report Federal Equipment had been appropriated and used on us on our private property in 1993.
Dr. William Dahlberg -C.M.H.I.P.
Donna Schmidt Goodman - CPS caseworker who's classic lies injured Donald 111 further a decade later. Excerpts of her work will be included in the upcoming book.
The Center For Mental Health - "Let's get this Medicaid cash cow into the chute" sayeth Dr. Fraud, chief Medicaid vendor. A fund sucking emotional quicksand pit. This place strung us along and bled us as much as possible under the premise of "Court Ordered Treatment." For what? They provided a malicious financial parasite as an additional means of injury, a tool of the court where judges practice medicine w/o a license. At the behest of The Department of Social Services, Medicaid Vendor fraud co-partners barricade the streets, roll out the mats and hundreds and hundreds of them dive into this big funding orgy. The suspected actions of one of their psych-techs was a "double-whammy" for us as she thoroughly destroyed client/physician trust by giving a complaint about the sheriff's dept -to the sheriff's dept. We're expecting to get into a big damned old legal blow-out to avoid further victimization from this center. 1/11/08: I can hear the drums pounding at the clinic's staph meeting with some state of Colorado A-hole clamoring for the state hospital. -Something about a diseased brain? Whose, Paula's? ...I'd bet The Center wants to sue us.
Any court sentencing order mandating these extraneous services will be met with legal challenge as it is like being sentenced to have every otherwise healthy body organ surgically removed, examined to make sure it's OK, then replaced at the expense of the victim, just because they are able to do so. Judge John Mitchel or Richard Brown and not medically licensed to employ this tool of malicious harassment. Watch what happens if any further court orders are attempted; these judge/practitioners will be turned into the State Board after which they will be on death row -and then in Hell. ...I wonder what the Grande Madame of The Montrose Medicaid Whore House thinks about this?
The Center pilfered our information off for the exact parties named in our complaint. Allegedly one of our files introduced over the course of so called, therapy was copied and passed around like a comic book.
We now have a September, 2007 issue to address with this group when Mrs. LaBarr collapsed into a seizure and went into E.R. Then she was taken from E.R in MMH to an affiliate Medicaid vendor in Grand Junction, 60 miles away -in handcuffs- She described the painful experience and noted the clamp marks right on top of the IV injection sites on her hands and wrists after the hour and a half trip and from the injection sites on her buttocks. Some female cop did this, compounding the magnitude of her trauma. (Debby Harris - MCSO?)
They were exploiting a state provision and in the process of creating a fraudulent billing when they were faxed a 4 page complaint in preparation & enroute for the State Board of Medical Examiners. [Below: 12 - CRS 36-117, (bb) (I) ] She was released a few hours later and had been administered Risperdal or another Neuroleptic without knowledge or consent. We're going to protect ourselves from this type of injury with the protection of the force of the federal court. The tech and her supervisor both had this typical CPS type; "We don't need your consent," snot nosed attitude. If firings take place, they need to start with Dr. Trautner and go from there.
Be advised ye. Let's see how one of The Center's Patients is doing today. We would like the center to tally up every dime we've ever paid them and issue a refund check immediately.
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A Perfect Loophole
What is the Colorado Board of Medical Examiners role in regulating these over-medicating state agencies? The drugs used to keep the problem outlined above on-going aren't controlled substances and the statute falls short of protecting the public's safety and pocketbooks.
Here’s an excerpt from the material we received after filing complaints with the board during the height of the crisis:
The Board:
1. determines qualifications necessary to obtain a license;
2. examines applicants for licensure and issues and renews licenses;
3. regulates the standards of conduct and practice for physicians and physician assistants;
4. reviews complaints against physicians and physician’s assistants and takes disciplinary action against those who have acted improperly, as defined by state statute.
Here is The only applicable state statute the board will act upon:
12-36-117. Unprofessional conduct.
(1) "Unprofessional conduct" as used in this article means:
(a) Resorting to fraud, misrepresentation, or deception in applying for, securing, renewing, or seeking reinstatement of a license to practice medicine or a license to practice as a physician assistant in this state or any other state, in applying for professional liability coverage, required pursuant to section 13-64-301, C.R.S., or privileges at a hospital, or in taking the examination provided for in this article;
(b) Procuring, or aiding or abetting in procuring, criminal abortion;
(c) to (e) Repealed.
(f) Any conviction of an offense of moral turpitude, a felony, or a crime that would constitute a violation of this article. For purposes of this paragraph (f), "conviction" includes the entry of a plea of guilty or nolo contendere or the imposition of a deferred sentence.
(g) Administering, dispensing, or prescribing any habit-forming drug, as defined in section 12-22-102 (13), or any controlled substance, as defined in section 12-22-303 (7), other than in the course of legitimate professional practice;
(h) Any conviction of violation of any federal or state law regulating the possession, distribution, or use of any controlled substance, as defined in section 12-22-303 (7), and, in determining if a license should be denied, revoked, or suspended, or if the licensee should be placed on probation, the board shall be governed by section 24-5-101, C.R.S. For purposes of this paragraph (h), "conviction" includes the entry of a plea of guilty or nolo contendere or the imposition of a deferred sentence.
(i) Habitual intemperance or excessive use of any habit-forming drug, as defined in section 12-22-102 (13), or any controlled substance, as defined in section 12-22-303 (7);
(j) Repealed.
(k) The aiding or abetting, in the practice of medicine, of any person not licensed to practice medicine as defined under this article or of any person whose license to practice medicine is suspended;
(l) Repealed.
(m) (I) Except as otherwise provided in section 25-3-103.7 and section 25-3-314, C.R.S., practicing medicine as the partner, agent, or employee of, or in joint adventure with, any person who does not hold a license to practice medicine within this state, or practicing medicine as an employee of, or in joint adventure with, any partnership or association any of whose partners or associates do not hold a license to practice medicine within this state, or practicing medicine as an employee of or in joint adventure with any corporation other than a professional service corporation for the practice of medicine as described in section 12-36-134. Any licensee holding a license to practice medicine in this state may accept employment from any person, partnership, association, or corporation to examine and treat the employees of such person, partnership, association, or corporation.
(II) (A) Nothing in this paragraph (m) shall be construed to permit a professional services corporation for the practice of medicine, as described in section 12-36-134, to practice medicine.
(B) Nothing in this paragraph (m) shall be construed to otherwise create an exception to the corporate practice of medicine doctrine.
(n) Violating, or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any provision or term of this article;
(o) Such physical or mental disability as to render the licensee unable to perform medical services with reasonable skill and with safety to the patient;
(p) Any act or omission which fails to meet generally accepted standards of medical practice;
(q) Repealed.
(r) Engaging in a sexual act with a patient during the course of patient care or within six months immediately following the termination of the licensee's professional relationship with the patient. "Sexual act", as used in this paragraph (r), means sexual contact, sexual intrusion, or sexual penetration as defined in section 18-3-401, C.R.S.
(s) Refusal of an attending physician to comply with the terms of a declaration executed by a patient pursuant to the provisions of article 18 of title 15, C.R.S., and failure of the attending physician to transfer care of said patient to another physician;
(t) (I) Violation of abuse of health insurance pursuant to section 18-13-119, C.R.S.; or
(II) Advertising through newspapers, magazines, circulars, direct mail, directories, radio, television, or otherwise that the licensee will perform any act prohibited by section 18-13-119 (3), C.R.S.;
(u) Violation of any valid board order or any rule or regulation promulgated by the board in conformance with law;
(v) Dispensing, injecting, or prescribing an anabolic steroid as defined in section 18-18-102 (3), C.R.S., for the purpose of the hormonal manipulation that is intended to increase muscle mass, strength, or weight without a medical necessity to do so or for the intended purpose of improving performance in any form of exercise, sport, or game;
(w) Dispensing or injecting an anabolic steroid as defined in section 18-18-102 (3), C.R.S., unless such anabolic steroid is dispensed from a pharmacy prescription drug outlet pursuant to a prescription order or is dispensed by any practitioner in the course of his professional practice;
(x) Prescribing, distributing, or giving to a family member or to oneself except on an emergency basis any controlled substance as defined in section 18-18-204, C.R.S., or as contained in schedule II of 21 U.S.C. sec. 812, as amended;
(y) Failing to report to the board any adverse action taken against the licensee by another licensing agency in another state or country, any peer review body, any health care institution, any professional or medical society or association, any governmental agency, any law enforcement agency, or any court for acts or conduct that would constitute grounds for action as described in this article;
(z) Failing to report to the board the surrender of a license or other authorization to practice medicine in another state or jurisdiction or the surrender of membership on any medical staff or in any medical or professional association or society while under investigation by any of those authorities or bodies for acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this article;
(aa) Failing to accurately answer the questionnaire accompanying the renewal form as required pursuant to section 12-36-123 (1) (b);
(bb) (I) Engaging in any of the following activities and practices: Willful and repeated ordering or performance, without clinical justification, of demonstrably unnecessary laboratory tests or studies; the administration, without clinical justification, of treatment which is demonstrably unnecessary; the failure to obtain consultations or perform referrals when failing to do so is not consistent with the standard of care for the profession; or ordering or performing, without clinical justification, any service, X-ray, or treatment which is contrary to recognized standards of the practice of medicine as interpreted by the board.
(II) In determining which activities and practices are not consistent with the standard of care or are contrary to recognized standards of the practice of medicine, the board of medical examiners shall utilize, in addition to its own expertise, the standards developed by recognized and established accreditation or review organizations which organizations meet requirements established by the board by rule and regulation. Such determinations shall include but not be limited to appropriate ordering of laboratory tests and studies, appropriate ordering of diagnostic tests and studies, appropriate treatment of the medical condition under review, appropriate use of consultations or referrals in patient care, and appropriate creation and maintenance of patient records.
(cc) Falsifying or repeatedly making incorrect essential entries or repeatedly failing to make essential entries on patient records;
(dd) Committing a fraudulent insurance act, as defined in section 10-1-128, C.R.S.;
(ee) Failing to establish and continuously maintain financial responsibility, as required in section 13-64-301, C.R.S.;
(ff) Any violation of the provisions of section 12-36-202 or any rule or regulation of the board adopted pursuant to that section;
(gg) Failing to respond in an honest, materially responsive, and timely manner to a complaint issued pursuant to section 12-36-118 (4);
(hh) Advertising in a manner that is misleading, deceptive, or false;
(ii) Entering into or continuing a collaborative agreement pursuant to sections 12-38-111.6 (4) (d) (IV) and 12-36-106.3 that fails to meet generally acceptable standards of medical practice.
(jj) Any act or omission in the practice of telemedicine that fails to meet generally accepted standards of medical practice.
(1.5) (a) A licensee shall not be subject to disciplinary action by the board solely for prescribing controlled substances for the relief of intractable pain.
(b) For the purposes of this subsection (1.5), "intractable pain" means a pain state in which the cause of the pain cannot be removed and which in the generally accepted course of medical practice no relief or cure of the cause of the pain is possible or none has been found after reasonable efforts including, but not limited to, evaluation by the attending physician and one or more physicians specializing in the treatment of the area, system, or organ of the body perceived as the source of the pain.
(2) The discipline of a license to practice medicine or of a license to practice as a physician assistant in another state, territory, or country shall be deemed to be unprofessional conduct. For purposes of this subsection (2), "discipline" includes any sanction required to be reported pursuant to 45 CFR 60.8. This subsection (2) shall apply only to discipline that is based upon an act or omission in such other state, territory, or country that is defined substantially the same as unprofessional conduct pursuant to subsection (1) of this section.
(3) (a) For purposes of this section, "alternative medicine" means those health care methods of diagnosis, treatment, or healing that are not generally used but that provide a reasonable potential for therapeutic gain in a patient's medical condition that is not outweighed by the risk of such methods. A licensee who practices alternative medicine shall inform each patient in writing, during the initial patient contact, of such licensee's education, experience, and credentials related to the alternative medicine practiced by such licensee. The board shall not take disciplinary action against a licensee solely on the grounds that such licensee practices alternative medicine.
(b) Nothing in paragraph (a) of this subsection (3) shall be construed to prevent disciplinary action against a licensee for practicing medicine or practicing as a physician assistant in violation of this article.
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Corruption Watchdog says; "The power and scope of the state board of medical examiners needs to be expanded." Further it is the duty of the "State Board of Regulatory Agencies" to monitor these facilities to make certain that as recipients of Medicaid funding and/or cash or in-kind assistance, they are in compliance with statute -yet the statutory provisions aren't broad enough to include the ongoing activities which are being exploited & result in injuries. ... Taxpayers are being robbed blind, lives are being ruined and there is no end in sight ...
A flawless loophole...
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More articles on Cleo Wallace RCCF. One of the most dangerous Medicaid Fraud facilities anywhere.
KRDO
News 13 - News & Top Stories - Colorado Springs, Pueblo
KRDO News 13, where news comes first for Colorado Springs
and Pueblo ... THE CLEO WALLACE CENTER FOR TROUBLED CHILDREN IN COLORADO
SPRINGS IS CLOSING ... DEVEREUX CLEO WALLACE HAS BEEN
OPERATING OUT OF THE MYRON STRATTON HOME FOR THE PAST 12 YEARS ...
feeds.coloradospringsnews.net/?rid=615b763496272bb5
More
pages from feeds.coloradospringsnews.net
PATIENTS
INJURY AT CARE FACILITY INVESTIGATED CLEO WALLACE WORKERS ACCUSED
OF INJURING ...
This article from Denver Rocky Mountain News is part of the
HighBeam Research eLibrary archive. Full membership w/ Credit Card is required
to read the full article and have unlimited access to the...
www.highbeam.com/library/doc0.asp?docid=1P1%3A23696428&refid=ink_d6
More
pages from highbeam.com
CSIndy:
Pinned Down (July 24, 2003)
Devereux Cleo Wallace cited for violations of
restraint policy in the death of 15-year-old Orlena Parker ... lived for 18
months in Colorado Springs at Devereux Cleo Wallace
residential treatment facility for mentally ... sent experts to Colorado Springs
to train Cleo Wallace employees in safe ...
www.csindy.com/csindy/2003-07-24/cover.html
More
pages from csindy.com
Joint
Initiatives Member Directory
... CASA of Colorado Springs. Goodwill Industries
of Colorado Springs ... Devereux Cleo Wallace
Centers. 2525 Highway 115 S. Colorado Springs, CO 80906 ...
www.csprgs.com/jointinit/directory.htm
More
pages from csprgs.com
Here note that the cops actually had to be called
into Cleo Wallace. (This is the same corrupted R.I.C.O., R.C.C.F. which
participated in the act of inflicting drug
induced Parkinson's for profit)...
City
of Colorado Springs - City News
THE CITY OF COLORADO SPRINGS ONLINE provides all
citizens greater access to municipal government and other public services and
information. ... Origin at Devereux Cleo Wallace Center. By For
... Colorado Springs Police Department was notified that a
juvenile female was unconscious and not breathing at the Devereux Cleo Wallace
...
www.springsgov.com/NewsResults.asp?NewsID=610
More
pages from springsgov.com
Any questions or comments? Contact the author: Hiatus@qwest.net
Eddy LaBarr
P.O. Box 1205
Montrose, CO 81402
___________________________________________________________________________________
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