cattieya
Stranger
Reged: 12/26/01
Posts: 9
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HELP!!
i received a letter from the california medical board two days ago, asking me to sign a release for medical information regarding a OP i used a few years ago, and it says if i dont, it could be supoened.
HELP HELP..do i sign it? Am i in trouble?
I have used ops for several years for chronic pain, and have never used more then one at a time, but this has me a little scared.
any help, suggestions would be appreciated, i am at a loss as to whether i sign this paper or not.
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IMSUSCOT1
Threadhead
Reged: 10/23/02
Posts: 869
Loc: usa
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their fishing....let them subpoena you....if their serious they will & the result will be the same....
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cattieya
Stranger
Reged: 12/26/01
Posts: 9
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thanks for responding so fast, i am a nervous wreck over here trying to figure out if i sign this stupid paper or not
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moonbeam
Member
Reged: 05/23/03
Posts: 176
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Just a general question: Can you refuse a supoena if it is not signed by a judge? I've heard that sometimes the attorney will sign the request. The reason I ask, is because I managed a credit reporting agency for 10 years. When we would receive supoenas (sp), we could refuse them unless it had the actual judge's signature on it. I don't know if this would go for the general public. (We actually refused 2 FBI supoenas until they obtained the correct signature) Any answers?
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IMSUSCOT1
Threadhead
Reged: 10/23/02
Posts: 869
Loc: usa
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I thought they HAD to have a judges sig....anyone in the Legal field out there?
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moonbeam
Member
Reged: 05/23/03
Posts: 176
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I know that according to the Fair Credit Reporting Act, no one other than the consumer can legally obtain their credit file. If the request comes from a law enforcement agency through a supoena, it had to have a judges signature. BUT...the two times it happened while I was at the credit bureau, both times LE tried to obtain them with God knows who's signature on them. Since it was in a fairly small town (not huge like Atlanta or New York), we knew the names of the judges in our districts, and legally had to refuse the order until it had the appropriate sigs on it. It really got LE's goat, and they argued with me for about an hour until I pulled out my copy of the FCRA and showed it to them and told them, "My hands are tied. I can't help you unless you do this right." (I got a little pleasure out of doing this to them-for a change)
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wktkpdr
Journeyman
Reged: 02/16/03
Posts: 52
Loc: Midwest, USA
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They do have to have a judge sign a subpoena. They will probably make all kinds of threats if they dont get their way. And anyways if they have all the info they need why would they need a release???? Like the other poster said, they're fishing! And another thing, why make their case for them? Tell them to go blow! Getting a little rad here but they are just doctors and not the law! It makes me sad but to me it seems like all the dr's I go to think they're god. They have the money and trying to take control. I read an article about the 10 top dirty tricks docs pull on ya. It was very enlightening one of them is control the other is "put it on the patient". I know that many of them go to national conventions and stuff. Personally I think they're trying to run this country like a concentration camp with them in charge! That is of course just my opinion! You dont have to sign a thing, what are they going to do? Come over and break your legs? I really hate dr's!!!
Edited by wktkpdr (09/25/03 10:12 PM)
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gummy
Stranger
Reged: 09/06/03
Posts: 8
Loc: California
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Hi Cat -
Scary stuff, but I think I'd just go on with life and not respond - lots of California legal advice out there, here's one - http://www.legaladvicehotline.com - good luck to you!
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phillesh
Journeyman
Reged: 12/17/02
Posts: 80
Loc: New York City
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If you don'tmind, can you post the name of the OP?
Thanks
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wktkpdr
Journeyman
Reged: 02/16/03
Posts: 52
Loc: Midwest, USA
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Today I filed a complaint with the Minnesota Civil Liberties Union because of the new HIPPA laws in Minnesota. I had an experience with a Qwak and I mean a qwak. In Sept. this qwak gave me an epidural injection in the spine and it was soooo painful I screamed, no joke! If the novocaine had not been in there I can only imagine what it would have been like. Anyways he told me to call him if the pain persisted and so I did. I then asked this qwak for something for pain and gave him my pharmacy #. A few and I mean a few minutes later he called me back and said "Mr.****, I cannot give you anything for your pain because you have gotten prescriptions from other doctors", and gave me their names. I knew at once that he was citing OLD prescriptions that I had not taken in over a month and was completely out, LEGALLY, no double dipping or anything! The thing is this, he judged me guilty with no evidence or anything and put the burden of proof on me! And so I went to the MCLU. I would urge as many as possible to file an online complaint with either their local Civil Liberties Union or the American Civil Liberties Union because what the government is doing is trying to undermine our basic rights! 
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Glance
Newbie
Reged: 08/19/03
Posts: 45
Loc: USA
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Has anyone else ever heard of someone receiving a state board request like this in connection with their use of an OP? Scary stuff
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plotinus
Enthusiast
Reged: 09/16/03
Posts: 273
Loc: California
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The California Medical Board licenses doctors, if they are looking for information on an OP, it probably has to do with an investigation of the doc used by that OP. I can't imagine what interest the medical board has in you, unless your employed in the health care professsions. I do think most states are tying to put together tougher laws on what constitutes a physician/patient relationship to try to eliminate OP's from delivering, especially controlled, medications based on a questionaire filled out by "patient" on a website. The days of getting your hydro from licensed pharmacies on the web are just about over. There will be new operations moving in to fill the demand - but it will raise ethical issues for many pain patients.
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"War on ...." is the wrong metaphor!
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Jeremiah
Agape GrandParent
Reged: 07/14/02
Posts: 705
Loc: U.S.A.
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Hi Cattieya,
If it were me, I would throw it away and wait for a subpoena signed by a judge ,find the judge's name in the directory or 411,call their office to see if the Judge really signed that document. Believe it or not, LE has broke their own laws before.
It never ceases to amaze me how our powers that be attempt to intimidate based on their often misbelief,the general public is uneducated about such matters. I would strike this up at an attempt to intimidate.I wouldnt fall for it.They more than likely sent this same letter to every patient they found in the Docs file.
You can always contact a local Attorney and ask their advice,but by what you have posted,it doesn't sound worth the call. Just my opinion what I would do.
J.
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I can't see me lovin nobody but you,for all my life
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Glance
Newbie
Reged: 08/19/03
Posts: 45
Loc: USA
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Good advice Jeremiah
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IMSUSCOT1
Threadhead
Reged: 10/23/02
Posts: 869
Loc: usa
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I fail to see what HIPAA would have to do with this....HIPAA is not an entity, it is an ACT passed by congress, establishing guidelines for the EDI exchange of protected personally identifiable health information....it also has specific guidelines regarding privacy, security, etc, etc....HIPAA does not preclude or waive state pharmacy monitoring programs and laws....I don't know what laws in your state govern the control of narcotics....but if your state has statutes that allow for verification of previous scripts prior to filling new narcotic scripts....HIPAA would not interfere with that process...
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cattieya
Stranger
Reged: 12/26/01
Posts: 9
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update, i was out of town for a week, came back and got another registered letter from consumer affairs, the other one was from the Ca Med. Board. I picked up neither. Today i got a call on my recorder, from a man saying he was a investigator for the ca.med.board, and was investigating a doctor. Should i keep avoiding these attempts to talk to me? i believe this was a doctor i used years ago a Dr W...
help help.
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IMSUSCOT1
Threadhead
Reged: 10/23/02
Posts: 869
Loc: usa
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I would blow off consumer affairs alltogether....The california medical board however...depends...I would ask them what info their looking for...if you liked the doc their investigating and he helped you...you can do him some good...remember the california medical board has no jurisdiction over private citizens...and you don't have to answer their questions...unless they have a subpoena...and if they do, you'll have to talk to them...so find out what they want...they can't do anything to you...at all. You're probably going through more stress wondering & jumping every time the freaking phone rings...get it over with!
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tesla
Newbie
Reged: 04/20/02
Posts: 26
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Just wait until Arnold takes over and replaces all the advisory boards. i heard that Grey Davis sold a place on the Dental board for a $40,000 contribution to his slush fund.
Seriously, hang in there and if they continue contacting you, maybe you could see an attorney or call in to one of the Sunday night radio shows that have attorneys speak. KGO in SF has an attorney in late Sunday afternoon. I think KFI has a weekend attorney host also.
From what I've read how doctors are being treated, I wouldn't help any medical board. A year ago, I filed a complaint against my therapist because she was talking about me to a number of people. The Bureau of Behavioral Science investigator said they only investigated sexual complaints.
Rememer what Kurt Vonegut said in Cats Cradle. "Let the people take care of themeselves because God Almighty only takes care of himself." (or something close)
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Trampy
Pooh-Bah
Reged: 04/02/02
Posts: 1225
Loc: Southwest U.S.
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Quote:
...remember the california medical board has no jurisdiction over private citizens...and you don't have to answer their questions...unless they have a subpoena...and if they do, you'll have to talk to them...
Not really. The California Medical Board is not a court and they cannot hold you in contempt for failing to appear and answer their questions. They could ask a court of competent jurisdicion to issue a subpeona ordering you to appear as a material witness ... but you could show up and then take the Fifth Amendment and refuse to answer their questions for fear of self-incrimination. Since they have no power over you, they cannot offer you immunity from prosecution. What you say is a matter of public record and could be used against you in a court of law. They have no power over private citizens to hold them in contempt. So you don't have to go see them unless a court compels your appearance. They would also have to pay for your travel expenses and a per diem if they ask you to travel to appear. They still have to pay your expenses if you appear and refuse to answer any questions.
Trampy
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Your mileage may vary ...
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shotzie
Newbie
Reged: 06/21/03
Posts: 46
Loc: western USA
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If you didn't do anything wrong, then what's the big deal. They probably just want to ask some simple questions. Why kill yourself with anxiety, call the guy and ask what he wants. If you don't want to answer, tell him that you don't want to talk about it. At least you know what's going on. Ignoring the situation won't make it go away. Just my opinion.
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IMSUSCOT1
Threadhead
Reged: 10/23/02
Posts: 869
Loc: usa
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I doubt Arnolds gonna do away with the California Board of Medical Examiners....and it would be a scary day if he did....EVERY state has one and EVERY state needs one...docs get a LICENSE...someone has to oversee it
And with respect to how Doctors are being "treated" she may be able to HELP a doctor who HELPED her at one time....but she'll never know if she doesn't find out what's up....but trust me their not going away, Arnold doesn't have THAT kind of power...he was only the terminator in the MOVIES
Edited by IMSUSCOT1 (10/17/03 06:06 PM)
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tesla
Newbie
Reged: 04/20/02
Posts: 26
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Oh darn, no more advisory boards! What I should've said, Arnold might replace the members of the advisory boards, hopefully with ones who didn't buy their way in.
Calif politics are so goofy that if they were a movie, no one would believe them. The state AG, a democrat, admitted he voted for Arnold. Arnold's vice-governor is Bustamente, who used the N word two years ago in a public speech to NCAAP. "It just slipped out," was his defense.
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LumbarSpasm
Silent Chaos
Reged: 05/07/02
Posts: 1538
Loc: USA
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If they got rid of the state boards and centralized a governing body under the control of the federal government... especially under our current leadership, docs and patients both might be going to jail. Oh and the red tape...
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LumbarSpasm
Or just a pain in the butt?!
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IMSUSCOT1
Threadhead
Reged: 10/23/02
Posts: 869
Loc: usa
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Actually the California Board of Medical Examiners, as well as the boards in all other states work under the direct supervision of the attorney general....and their Doctors, who oversee doctors....it's not an advisory board...it's a licensing board....they establish & maintain the requierements to practice medicine....A VERY NECESSARY FUNCTION....
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