Public Invitation to Governor Rick Perry

Public Invitation to Governor Perry,

Request: Town Hall Meeting with Texan Families & Physicians - House Bill 3816 / Senate Bill 2336

We represent a Large Group of Patients, Moms, Dads, Family Members & Their Physicians who have exhausted attempts to schedule a meeting with you through your Scheduling office (Rebecca Osbourn & Colleen) and Tony Gilman, Executive Officer Texas Health Care Policy Council. All staff members have been responsive yet unable to fulfill our request.

For this reason we publicly appeal to your sense responsibility to respond to your constituents and concerns for the health and welfare of Texans.

Many of us testified at House Bill 3816 hearing 4/14. There were over 75 people representing a “For” vote in this hearing. Representative & Senator staff members told us they have received 300 + emails, letters & calls requesting support of the bills. We will attend the Senate Bill 2336 hearing 5/5.

In addition to our efforts with our Representatives & Senators, we believe it to be critical to talk with you regarding the direct impact the Texas Medical Board Practices have had on our families in limiting access to health care providers. Physicians who are willing to treat Cancer, Autism, Lyme diseases with progressive integrated and natural protocols have been targeted by the TMB.

The current Texas Medical Board continues to endanger patient access to health care options. This is particularly true because mainstream doctors often refuse to treat medical conditions such as those on the Autism Spectrum & those with Lyme disease. (They say they can’t help or are not willing to take the risk with new treatments. Fear of TMB complaints remains an issue in deterring access to provider options.)

We do not want you to be “blind-sided” by the enormous ground swell of citizens whose health and welfare have been adversely impacted by TMB actions.

Research shows that 1 in 89 children are on the Autism Spectrum (Cambridge Research Institute 2008). Mainstream doctors frequently avoid offering proven alternative integrative treatments which are more successful & less expensive. Doctors that do offer other treatments such as the DAN Protocol (Defeat Autism Now) continue to be targeted by the TMB.

TMB Executive Director, Mari Robinson testified under oath that targeting practices did not occur. In fact we know doctors that have been targeted with complaints NOT originated by their patients.

Example: Investigating a physician for a complaint about patient treatment that occurred 29 years ago. Where is Mari Robinson’s “common sense?”

We are prepared to bring together 100+ constituents for a “town hall” meeting to share their stories and concerns; to address the “human impact” the TMB currently has because of their practices and lack of independent oversight; to ask for your support of H.B. 3816 / S.B 2336, the 2009 reform of the Texas Medical Practice Act.

Place: Dallas Metroplex Date: TBD Time: 6:00 – 9:00 p.m.

As you are aware, current TMB Practices listed below will be remedied by passing H.B. 3816 / S.B. 2336 WITH your signing of the bill. In short, this reform strengthens the Board with respect to serving and protecting public health.

The TMB allows anonymous complaints to be filed against physicians by anyone including competitors, insurance and drug companies, disgruntled employees & angry spouses. These complaints are not sworn to under oath.
The TMB knows who files the complaints but WILL NOT REVEAL THE SOURCE OF THE COMPLAINT TO THE PHYSICIAN.
The Physician Is Not Allowed To See The Complaint.
The TMB then has so called “expert witnesses”, anonymous to the physician subject to the complaint, present written testimony against the physician.
The TMB is not required by law to allow the subject physician to have an expert witness in his behalf.
The subject physician must attend an Informal Settlement Conference (ISC) run by two members of the TMB. The subject physician is not allowed to take notes, audio or video tape the ISC or have a transcriptionist. (Under oath Mari Robinson said this was not true.)
Yes, this is occurring in the USA despite the fact that the 6th & 7th amendment requires that an accused know who his accuser is, who is testifying against him & trial by jury is a right. This constitutional guarantee is the backbone of American jurisprudence in both criminal and civil law, but not at the TMB.
Doctors, like attorneys deserve a right to a trial by jury before license revocation.
Disciplinary actions are arbitrary and not based on “clear & convincing” evidence.
Patient privacy is currently invaded. (Listen to the Mom’s who testified at the hearing!)
Physicians are disciplined for effective patient care – even when the PATIENT DID NOT FILE A COMPLAINT (another party did) and the patient IS PLEASED WITH TREATMENT RESULTS.
Doctors’ careers and livelihoods have been ended because of minor documentary issues or fee disputes. This has impacted patient access to critical health care from these doctors.
Actions by the Texas Medical Board (TMB), cloaked in secrecy, are a recipe for corruption by dishonorable individuals both on and off the board.

Rep. Fred Brown held a hearing of the Appropriations Subcommittee on Regulation of Health Agencies to investigate the actions of the TMB in October 2007. Based upon that committee’s findings, Rep. Brown has introduced H.B. 3816 to correct the problems which exist in the current TMPA-Texas Medical Practice Act.

o H.B. 3816 would ensure transparency of the actions of the Texas Medical Board (TMB) and establish legal due process for patients and physicians.

This is not just about Physicians’ right but most important the rights of patients, who have entrusted themselves, voluntarily, to the care of a physician.

When a physician is unjustly treated it adversely affects his patients and their care. It limits our access to all forms of health care: mainstream, alternative, and integrated health care choices.
o TMB Testimony at the April 14, 2009 SB3816 hearing was far contrary to what we have first-hand knowledge of and which many physicians have experienced. If everything is honestly running well as Ms. Robinson stated, then WHY WERE SO MANY PEOPLE AT THE HEARING?
o WHY DID WE HEAR PAINFUL & EMOTIONAL STORIES FROM MOM’S AND DADS AS A DIRECT RESULT OF TMB ACTIONS?
CLEARLY Ms. Robinson’s Testimony and Numbers DO NOT REPRESENT THE WHOLE PICTURE & TRUTH experienced by the general public and the Governors constituents.

Governor Perry, it is for the above reasons our group believes it is imperative to meet with you. We look forward to working with you to ensure that these critical issues are heard and addressed directly by you. Thank you in advance for your consideration.

Please contact me at

Sincerely,

Lamarque Polvado
817-975-4111
lpolvado@gmail.com


Note: AUTISM MUST BE MADE A PRIORITY ON THE POLITICAL AGENDA.

Autism is the fastest growing epidemic of the past 20 years.
The incidence of autism spectrum disorder diagnosis has increased from
1 in 10,000 individuals in 1988 to 1 in 59 individuals today
(Cambridge Research Centre 2008)


Autism Society of America - Facts and Statistics
1 in 150 births
1 to 1.5 million Americans
Fastest-growing developmental disability
10 - 17 % annual growth
$90 billion annual cost
90% of costs are in adult services

Cost of lifelong care can be reduced by 2/3 with early diagnosis and intervention
In 10 years, the annual cost will be $200-400 billion