Thu, Apr 18 2024
To: Oregon Medical Board (OMB) ..... From: Ralph L. Read
Regarding: "The Med Board is unaware-- but they seem very aware that they don't want to know....".
. That is a comment I made to someone recently when trying to explain a series of actions by a past Medical Board, before any currently serving Members were appointed.
  I believe the Med Board (then and now) does not have any way to learn about the falsification of information being provided to Board Members by OMB employees and lawyers.
  Some "facts" may be false because of mistakes, but other information was fabricated without regard for truth, always to make it easier to prosecute succesfully.
  People often ask "WHY would someone do that?" If you actually want to know "why", please learn that by studying all the lies that were made by OMB personnel in my case A144783.
  Note that my case record was falsified before being sent to the Oregon Court of Appeals, effectively deleting my (uncontested) sworn testimony. Several lawyers know about this, but have done nothing.
  Why would Haley (or her boss) delete testimony? I doubt you would accept any explanation I provided, even IF I knew one. Maybe someone didn't want any truth to get in the way of prosecution?
  I had actually done NOTHING WRONG.
  Except for pointing out that fact to K.Haley, who actually threatened me, then made good on her threat. I suppose I was at fault for not taking her threat seriously.
  Most Board Members are not lawyers. Nor do they study much about the law or about being a judge-- they expect to be able to do this job by being smart and thoughtful and having experts to help them with the legal aspects.
  This would be a good plan if there were some way to ensure that they obtain FACTS. Instead they seem to assume that whatever they are told by their lawyer(s) is both TRUE and LEGAL.
  And maybe NOW (today) that is true, but that is not true for the period before Haley became "emeritus".
  A good way to understand this is to begin with the fact that the OMB continually violated the civil rights of licensees. This is illegal; but the Board members are NOT liable to the victim, they have "judicial immunity". So the Board Members were told that "you can legally do this" even though it is illegal.
  (ALso it is unethical, but I really don't expect the Board members to file complaints against themselves).
  The actual truth was "you can violate civil rights intentionally and not be liable to the victim".
  Also, the Board members did not seem to know that they are responsible for approving EVERYTHING that is done by any Board employee. So in theory, some Board Member must have ordered my testimony to be deleted from the case record. I doubt any Board Member ever saw my testimony, much less ordered it deleted... but it WAS deleted, and OMB director Haley was provided JUDICIAL IMMUNITY from any Federal Civil rights violation.
  The Federal Court assumes a State Agency is following State law, so if the janitor somehow deleted my testimony, that must have been approved by a Board Member!!
  YOU have the only access to secret proceedings of the Board.
  IF the OMB does not actually intend to violate civil rights, maybe you need to consider how many times that happened in ONE unimportant case (mine).
  SECRET deletion of testimony from a case record! Nobody would do THAT, would they? YES, it happened. And is very easy to prove. Just look at the case record (A144783). There you will find sworn uncontested testimony in a 32 page printed document that was accepted by the ALJ (Gutman) as direct testimony, but listed in the case record as "closing arguments".
  If you don't know what "closing arguments" are, maybe someone can explain it to you. It is NOT testimony, nor evidence... it is legal lip-flap that judges can and do IGNORE.
  I tend to assume any Board Member reading this will NOT want to believe it. So I only have included lies that are EASY to disprove by simply looking at the OMB case record. There were myriad other lies.
  The current Medical Board may wisely decide to not discover what a mess they have inherited. Hundreds if not thousands of violations of civil rights, over decades!, all of which SHOULD be redressed. If it were a patient in coma because of faulty medical treatment, you would not hesitate to save the victim, wood you.
  If you think you are using FACTS to make decisions, how do you confirm that you are being provided facts? During the reign of Executive Director Haley, nobody checked 'nuthin'. If she said it, that became the truth.
  My case STARTED with a violation of my civil rights: namely, the inactivation of my medical license, effectively revoking my license without cause, under pretense that I had requested inactive status.
  Haley asserted that there was no complaint against me, but she was concealing it and only revealed it 6 months later. By then she had added two more complaints, but concealed them also for several months. Neither Board Member involved in "my" investigation had any idea what was actually happening!
  They thought they were trying to determine how much a doctor has to practice to be considered active enough for license renewal.
  Hint: Oregon law defines the practice of medicine. I pointed this out to Kirkpatrick and Cornelius, but they didn't think the law was enough, and Haley just smiled and allowed them to be confused. It was funny for her, I am sure. Bunch of stupid doctors who were clueless as to what she was doing.
  The OMB could add rules (and has done so regarding continuing education since then). However,at the time Haley was just jerking everyone around because it does seem like the kind of thing the OMB would make rules about- but there WERE NO RULES.
  Anyone could decide YOU need to be evaluated- and if the OMB agrees, you are in for an expensive "ride" that will cost you many thousands of dollars and at least a week, maybe two.. or end with license revocation because THAT is the way the system works.
  How much practice does the OMB require today and how do you determine if the licensees are actually "doing enough". If that sounds like a bad joke, it is a joke that cost me about $40,000 and a lot of humiliation.
  Do you deserve to know if there are complaints against you?
  Haley lied to the Board to get the OMB to issue an unnecessary and IMPOSSIBLE Order for Evaluation against me.
 
  I was treated unreasonably, as were very many others. I don't believe that the Board Members who were agreeing to the punishment were any more aware of what was actually happening than Dr.Kirkpatrick and Cornelius were aware that there was a concealed complaint against me as they struggled to evaluate "activity", and I kept pointing out that was irrelevant. Haley was smiling. SHE KNEW.
  I forgot to mention: Even if we ignore the lack of necessity, and ignore that the ORDER FOR EVALUATION was impossible to comply with-- the FACT that the actual complaints against me were still concealed by Haley meant that there was no way to evaluate those concealed complaints!! Literally EVERYTHING DONE WRONG.
  I think the ONLY way to get everything wrong is to trust someone who was not trustworthy. They did and they got fooled, but I was the one who got hurt.
  In a very real way, the Med Board actions in my case prove in real life the thesis that Milgram had in his experiments of the 1960s. Milgram's "learning" experiment involved individuals who were encouraged to "punish" mistakes with increasing electric shocks. MANY of them did provide the shocks (or thought they did) because of the encouragement by "authority figures" (guys in white coats!). The OMB was encouraged to do the wrong thing and they chose to do it.
  Haley represented legal authority for the Board Members, and she tricked them into violating my civil rights AND giving out unreasonable punishments. The even persisted in the unreasonable punishment when the Appeal Court pointed out that it was unreasonable (and the Appeal court had a fake case record.
  Unlike the folks in Milgram's experiment, the Board members were probably PROUD of their achievement because they still have not learned the truth.
  Many of the licensees (over the years) have "confessed" by signing a "stipulated agreement". They often did NOT do some (or any) of the things they confessed to doing. Easy to learn who these are, and why they confessed - JUST ASK THEM NOW.
  In case you didn't realize it, lawyers advise their clients to confess to "whatever" because they will be convicted regardless, and may be able to reduce the cost and/or punishment by confessing and pretending to be full of remorse.
  You may have realized that an accused doctor does not really have much chance when EVERYONE is against him: The Judges actually brought the complaint, the prosecutors have their reputation on the line, and the ALJ may want to work again some day. My ALJ actually refused evidence that was relevant to a changed complaint. She explained that I should have submitted it BEFORT it was relevant.
  I was "offered" a stipulated agreement that would have saved me more than $25,000. I didn't sign it because I actually thought when someone honest became involved, all the lies would be rejected.
  That never happened because nobody honest ever learned the truth!
  Please do that NOW. The OMB judges may not have even SEEN some of my testimony, it may have been deleted before anyone saw the case record. You don't have time to look at testimony, do you? Why not let the lawyers explain it?
  I believe that the current Board has a duty to "do the right thing" in terms of correcting egregious errors made in the past. If a patient were being harmed by incorrect treatment, wouldn't you want to correct it. The current Board has the authority and power to do ANYTHING IT BELIEVES IS CORRECT regarding licensing.
  If your lawyers suggest otherwise, get better lawyers.
  At one time I considered the actions of the Board Members who "convicted" me to be unethical. Now I suspect they had NO idea what was happening. Maybe they were a little negligent, but a good liar can fool smart honest people and my case record shows that is what happened.
  PLEASE "revive" the cases of those licensees who have been crushed by the malicious acts done by prior Board actions which I doubt the Board Members actually understood. Why not ASK them? ASK Haley, but be prepared to be fooled doubly.
  The easiest way to determine I am telling TOTAL TRUTH is to have someone review my case record and confirm that my sworn testimony was deleted from the case record at some time before the record was sent to the Oregon Court of Appeals.
  Simply ask the Board Member who authorized that: "Why did you falsify the case record?". Or ask Haley, if she didn't bother to tell any Board Member she was falsifying the case record. She was provided Federal JUDICIAL IMMUNITY for this and other actions, even though she is NOT a judge. She did not need to prove that she was acting under direction of a Board Member because Federal law assumes that State law is being followed, and that violations of State law are prosecuted by the State.
  IF that isn't enough to justify investigating and confirming the many lies that occurred, please notice that one of the complaints decided by the Board was created after the contested case hearing on the actual complaints. And one of the complaints was NEVER decided; feel free to decide it NOW (using the hearing transcript! but pleae restore MY testimony first).
  The complaint that was ignored was: That I had provided evasive answers to the investigative committee.
  The new complaintwas: That I had refused to answer questions.
  The actual "conclusion" the investigative committee sent to me did NOT mention my answers or lack of answers. Their conclusion also mentioned that there was "no violation" related to my prior arrest. Haley simply ignored this; and the two Board Members were restricted from further involvement in my case because they had been part of the investigation!! They really were clueless from beginning to my end.
  Nor was I allowed by Haley to review any notes taken, nor to correct or amend my comments. What Haley referred to as a "transcript" was NOT a legal transcript, because the meeting was NOT a legal proceeding and there was NO JUDGE. These were someone's notes taken during the investigative meeting. Nobody ever testified about them!
  Nobody testified that the notes were accurate and they were not, but nobody testified either way.
  Haley ignored the conclusions of the investigative committee and concealed her complaint regarding my arrest FOR MONTHS.
  She also decided that I had been evasive and had refused to answer, but she did not bother to tell the Board Members who had decided otherwise.
  I was convicted of refusing to answer Dr.Kirkpatrick, but he never mentioned it at the time, NOR later...he did NOT testify, nor provide an affadavit. And the truth is that I actually DID answer him honestly, and my answer was recorded in the pseudo-transcript (but punctuated incorrectly!).
  In recent history, Bernie Madoff's lies were expensive to correct. Haley's lies may be easier and cheaper to correct, but the worst damage can't be undone with money. Why not try to get it right? The reputations of the doctors who were fooled deserve that, but the victims deserve it more.
  Please do the right thing, and do not make the same mistake they did. The truth was overlooked by a lot of people because they expected Haley to be honest and didn't check even a little. The record proves she is a liar. Please try to prove I am wrong because you will learn the truth instead.
  EXAMPLE: At the June 2008 investigative meeting, I suggested that my license had been inactivated because I had been arrested in 2006. I was assured by Haley (and Kirkpatrick and Cornelius) that there was no complaint against me-- but there was (that prior arrest!).
  No way for me to prove it AT THAT TIME.
  But the OMB issued a complaint 6 months later with my arrest listed as a reason to revoke my license. By then everyone had forgotten Haley's lie. The arrest was a misdemeanor and was dismissed by Judge Marcus (a real judge) in Multnomah district court. Misdemeanors that did not lead to conviction do not have to be reported on license renewal.
  Haley claimed that "Dr. Read insists that he deserves an active license" (I actually claimed that my license had been inactivated without cause). I had not applied to reactivate my license, so there was NO DECISION for the OMB to make.
  The Evaluation ordered was impossible to comply with because the company named to provide the evaluation (CPEPDOC.ORG) did not provide either of the two evaluations demanded.
  The only possible reason for or result of this ORDER was to prosecute me for failure to comply with it.
  More important, how was anyone supposed to evaluate complaints that were still being kept secret by Haley? THAT FACT makes it clear the ORDER was malicious abuse of power, created to allow PROSECUTION.
  Did the Board know that?
  Please start trying to correct the many errors of yester-year.
  I am most definitely NOT the only victim, the victims are numerous and many were harmed more than I was.
 
&npsp; == Recently, one of my many letters in the past must have reached an attorney for the OMB, and I received a short note that informed me that the OMB had actually considered my "complaint" regarding falsification (of my case record) and found no evidence of falsification. The letter claimed my complaint had been litigated and I had appealed it and the matter was settled. The lawyer seems to have confused the falsification of the medical record with the false allegations that were made? Why? I do NOT know, but I realized that the problem the OMB has is persistent despite the change of personnel. Apparently lawyers are still interested in making up false stuff to feed to the OMB?
&npsp; Link to the new letter claiming that the matter has been litigated and settled. When asked, the lawyer will probably use the inprecise vague wording to claim that she was referring to some OTHER litigation, maybe the original false claims against me?
&npsp; Pic of new letter is below:

Sincerely, Ralph Read