27 October 2021, I complained to the Texas Medical Board (TMB) about an incident with a Texas Medical Doctor and his unethical treatment of me, the patient. The full complaint can be reviewed here. The file number for this action: #22-1620, and the response I received is a textbook case of bureaucratism from beginning to end, in a letter dated 02 November 2021.
- The author of the letter, writing on behalf of the TMB, cannot even use my appropriate title, name, and the letter dismissing my concerns is a form letter of the worst design, surpassed only by the VA whose form letters cut off almost an extra inch in the right-hand margin.
- An investigation into the issues with the Dr. AAMR Arif Herekar MD was not launched as the actions by the provider “do not fall below the acceptable standard of care.” The letter references “Sec. 154.058” as the legal standard.
Texas Occupations Code – OCC § 154.058. Determination of Medical Competency is a truly interesting document, designed, I can only surmise, to protect the asininity of the bureaucrats. A point-by-point breakdown is discussed.
- “Each complaint against a physician that requires a determination of medical competency shall be reviewed initially by a board member, consultant, or employee with a medical background considered sufficient by the board.”
Nowhere in the letter does it reference an individual who reviewed my complaint. If I read this section of the code correctly, all that has to happen is a living person check to ensure Dr. Herekar has a license to practice medicine in Texas. Essentially, Dr. Herekar has met the basic competency for this section. Dr. Herekar is living, paying his dues, and a living bureaucrat has assured us he is licensed properly by the State of Texas. As a side note, do you feel better that a bureaucrat assures the general population a doctor is appropriately licensed and dues-paying; I do not!
- “If the initial review under Subsection (a) indicates that an act by a physician falls below an acceptable standard of care, the complaint shall be reviewed by an expert physician panel authorized under Section 154.056(e) consisting of physicians who practice in the same specialty as the physician who is the subject of the complaint or in another specialty that is similar to the physician’s specialty.”
- “The expert physician panel shall report in writing the panel’s determinations based on the review of the complaint under Subsection (b). The report must specify the standard of care that applies to the facts that are the basis of the complaint and the clinical basis for the panel’s determinations, including any reliance on peer-reviewed journals, studies, or reports.”
Yet, my complaint was somehow satisfied under section (a), so sections (b) and (c) do not apply. Leading me to wonder, but not to question enough to “file an appeal.” What I wonder about is the professional and ethical standards allowing for a provider to lie about a patient’s actions and then dismiss that patient from receiving further care, based upon the lies generated, and dismiss the patient using Facebook instant messenger. As the bureaucrat cannot, and will not, respect me sufficiently to explain, expound, and address me correctly, one must wonder about the rest of the State of Texas and the bureaucrats who call their actions competent.
- Consider with me the problems of a medical provider lying about a patient’s actions, and ask yourself, would you trust that medical provider?
The Department of Veterans Affairs (VA) and the American Taxpayer is paying for me to visit a non-VA or “Community Based” provider. That provider does not want me as a patient and makes this clear from the moment he introduces himself. Why; possibly because I cannot wear a mask. Perhaps because the VA chooses how much that provider will be paid. Maybe because the provider simply does not want more military veterans as patients. Fundamental core reason never provided, but the provider is at best passively hostile and willing to invest the barest of minimums in care to receive the maximum amount from the VA possible.
Because the provider must provide the VA with patient notes, the easiest way to rid himself of a military patient is to lie about that person’s conduct. Thus, the doctor can play the victim, receive payment, and continue the veteran abuse perpetuated by the VA. The lies of this provider are reported to the VA, and providers at the VA consider the veteran a “behavioral problem,” further reducing the quality of care.
Yet, the TMB considers the actions of this provider above the “acceptable standard of care.” It must be a good gig to be a liar and thief in medical practice in Texas, for the bureaucrats at the TMB will protect you and assure the community that care was above the “acceptable standard.” Tell me, TMB, what is below the acceptable standard of care? If a medical provider can lie, cheat, and dismiss patients using unsecured methods of communication, and this is above “the acceptable standard of care,” what are actions below the “acceptable standard of care?”
Explain to the community, dear bureaucrat, how HIPAA was protected and the patient’s rights protected as part of “acceptable standards of care.” Relate how trust in medical providers is enhanced when a medical provider can lie about a patient’s behavior, slander and ridicule that patient, causing more issues in receiving healthcare for that patient. The Texas Medical Board is supposed to be the arbitrator and settler of problems; yet, this problem is not resolved, simply pushed on to other bureaucrats. That is the epitome of job security for bureaucrats, not properly fulfilling your duties.
I repeat, only for emphasis, “Houston, we have a problem!” That problem is internal malfeasance and misfeasance on the part of bureaucrats. To the Governor of Texas, to the Texas State Legislator, what are you willing to do to fix these despicable actions of useless bureaucrats?
© Copyright 2021 – M. Dave Salisbury
The author holds no claims for the photos or images used herein, the pictures were obtained in the public domain, and the intellectual property belongs to those who created the images. Quoted materials remain the property of the original author.
As bad as the last several months have been, I hate adding more bad news; but the Department of Veterans Affairs (VA) – Office of Inspector General (VA-OIG) keeps reporting, and I keep summating. Due to the absolute overabundance of incredible bureaucratic insanity, today’s article format will necessarily shift to report more and comment less. Don’t worry, I will still comment on the more egregious examples, for some of these VA-OIG reports are scarier than Joe Biden dressed as a mall Santa at a Fourth of July celebration feeling up little children!
In Proverbs, Old Testament, we find an oft-quoted aphorism, “As a man thinketh in his heart so is he.” If we first accept this aphorism as truth, then the following from James Allen, from “As a Man Thinketh (1903)” can also be presumed truthful. “A man is literally what he thinks, his character being the complete sum of all his thoughts. As the plants springs from, and could not be without, the seed, so every act of a man springs from the hidden seeds of thought, and could not have appeared without them.” Bringing into sharp reflection the connection between how a person thinks and their character.
I once met a professional soccer player; we shared a bus trip from Salt Lake City to Vernal, Utah, as he traveled to catch a plane in Denver, Colorado. While I do not envy him, his travel scheduler, we had a very interesting conversation on how thinking builds character. Professional sports players have similar mental walk-throughs as a regular part of their daily exercises. Here I had always been under the impression this was for non-professional sports players and was pleasantly surprised to hear his experiences.
The tools of education became the chains of bondage and weapons that left him without passion. His thoughts had turned his desires in his chosen field into a trap, where he thought his only way out was doing something radical and “out of character.” Except for those who knew him, his character was always bent towards being a soldier, but he had not thought thru this character aspect himself. His thoughts had already revealed his character, but he had not become cognizant of this aspect of himself. How many times has this happened to you?
How did I finally kick the cigarette habit, so the mental addiction could no longer tempt me to smoke; I change my thinking. Instead of allowing myself to find second-hand smoke delightful, I began seeing it as something to avoid. As I changed my thinking, my body stopped reacting in a manner to claim a need for the cigarettes. It was not easy, but I had physically quit smoking 10-years before my mental processes, and mental addictions were finally conquered. The power to correct my body’s behavior towards cigarettes was always mine to claim and apply, but first, I had to change how I think about cigarettes, then my mental needs changed, and then I was free of the mental addiction. Changing thoughts and time, experience, was required, and slowly my body obeyed.
The New Testament records, “He that seeketh findeth; and to him that knocketh it shall be opened.” To which James Allen has added, “… for only by patience, practice, and ceaseless importunity can a man enter the Door of the Temple of Knowledge.” I remember reading about a famous diamond mine in Africa, the largest diamond mine in the world, and how even with technology, the mining process continues to be one of patiently gathering, carefully digging, and unending repetition to haul diamonds from the dirt. In L. Ron Hubbard’s book, “Battlefield Earth,” one finds the same pattern in digging for gold. Patience, careful gathering, unending repetition, and still the results are teaspoons of gold for the tons of rock and dirt shifted.
What benefit could be grander, to will something into existence through the power of thought! How amazing a world we could make when all people realize this power and claim this power by changing how we think. There is a benefit to cause and effect; that benefit is realization, wisdom, and eventually power to will into being that which is powered by our thoughts. So choose to consider changing how you think and watch how the world shifts around you. You can change yourself by changing your thinking!
Charles A. Reich, an American legal and social scholar and an author who was a professor at Yale Law School, in his paper “
The bureaucrat’s mind looks for every opportunity to thwart a citizen interacting with the government, that citizens hired through the ballot box, where the bureaucrat can then pick winners and losers in receiving government largess. Why; enmity, the state or feeling of being actively opposed or hostile to someone or something. Enmity’s legal definition describes the bureaucrat, perfectly; a feeling or condition of hostility; hatred; ill will; animosity; antagonism.
America has a significant problem with the government. It started in the 1930s when the government took advantage of a catastrophe, which they caused through tariffs and trying to control the stock market to seize power from the citizens. This problem has only increased over the 100-years since. The bureaucrat that works in serving the public is an extension of the officers elected through the ballot box. Thus, I implore; please hold those elected accountable for the drones, the power-hungry, and those who consider their work on the public’s behalf as executing government largess, responsible and, liable.
Never forget, our Constitutional Republic’s legislative branch has two jobs, write laws that are good for all, and scrutinize government. Only those elected can positively influence the bureaucrat’s hiding in their cubicles, lording their power over citizens. Only those elected can be held accountable and responsible for what the workers and staffs do in the name of those elected. We, the legal citizens of America, are the government we elect, and I advocate the position that I am not a peon, serf, or “huddled mass” beholden to the government. From the local dog catcher, school board, and judge to the President of the Republic of these United States, the government is beholden to you and me. Those bureaucrats hiding in offices that make your life so difficult are obligated to us as well.
I refuse to be the property of the government, standing like Oliver Twist, begging for slop from fat and repugnant government officials. America, we deserve a more responsive government; our Constitutional Rights declare that the power over the government is ours to hold, and the government must come to us to ask for more. Let us use the control we have and demand accountability and responsibility from those elected. Those elected need to require compliance and keep those working in public service accountable for the abuse and mistreatment the citizen receives at bureaucrats’ hands.
Some have told me this is “too idealistic” that our government can never shrink and become more responsive and accountable. I declare that position is a defeatist position, and I oppose defeatism! How do we know something cannot be done if we do not first try? Originally it was believed that a train track could not connect one end of America to the other, yet the train track was laid, and America prospered. Critics have claimed space flight was too expensive for the private sector, and only the government could put people and machines into space; well, those critics were wrong again. Defeatists have always taken paths anathema to the doers in American Society, and it is time to put the defeatists to shame again. We, the citizens of America, can and need to retake our government, using laws and processes established to thwart the bureaucrat and remove the craven and cowardly elected officials!
We, the citizens of America, must embrace a “Liberty FIRST Culture” as a motivation to action and change the government!
Having traveled across the 48 continental United States and having researched Alaska and Hawaii heavily, I have realized several things about the people who live in the various states. Pick your state, tell me if you agree or disagree in the comments.
Hence, I urge you to learn, discover, define, describe, and live the state motto that makes you the American you desire to represent! American, [A(h)-Me-I-Can], adapt and adopt, gather, and be defined by any state motto that inspires. How great is that!
Too often people are confusing democracy, democratic governance, and the American Republic. Talking heads in the media get this wrong all the time. Hollywood has never gotten the distinction correct, ever. But, this ignorance might be by design as Hollywood has always been a breeding ground for disinformation, propaganda, and elitist posturing. Regardless of the political party, or lack of political party, every American citizen should be able to recognize Democracy from Republican styles of governance. The following uses real events to help distinguish the line.
For example, The Department of Veterans Affairs (VA) – Office of Inspector General (VA-OIG), recently sent a report regarding an investigation of Peter Shelby, the previous VA Assistant Secretary for Human Resources and Administration (HR&A), who steered a $5 million contract for the benefit of individuals with whom he had a personal relationship. This is a prime example of democracy in action. The person in charge had to pay for the simple majority that kept him in power. Consider the following direct consequences of Mr. Shelby’s actions.
The American Public has witnessed the same political gamesmanship (realpolitik) in the US House of Representatives, the Senate, and the Presidency, for a long time. All because, the line between a Republic and a Democracy has been intentionally blurred by those in power, to stay in power. Never does realpolitik benefit the rule of law, or provide equality as a basic and fundamental position of governance. Bringing into the conversation the critical quality of genetic behavior and the exponential growth of behavior from one generation to the next. If Mr. Shelby’s actions can be traced upwards through the behavior of elected officials; how many more unethical behaviors are hiding inside the government workforce waiting for their opportunity to practice realpolitik at the expense of the veterans, taxpayers, and citizenry of America?
In a republic, those in power recognize the genetic nature of their behavior, understand that any lapses in good judgment are dangerous, and work to live in a manner that first allows for equality among all. Even if they must tell another person no. Consider how much corruption is in Washington, D.C., and every state capital in America, all because the simple majority has lured good people into acting against their principles, against the Republican form of American governance, and against the law established and maintained by the people, for the people, and of the people. The simple majority will always, to maintain power, refuse to say no, set boundaries, and live by rules and laws. The republican form of government lives by nothing else but the rules and the laws because equality only occurs under the rule of law.
The labor union spouts a lot of good democratic styled speeches; but acts like thugs, for the benefit of the elected few, at the cost of the dues-paying members. Proving that democracy is the last thing a labor union wants as the labor union remains a Marxist method of governance. Take any labor union, anywhere in the world, and you will find the elected officials living large on the backs, sweat, and labor of the dues-paying members. The fewest of the few long-term dues-paying members will be provided benefits and a lifestyle to be desired, but never obtained, even though the dues have been paid, the labor performed, and the sacrifices made. The 
When one person can be supported in their immorality because of their money (Jackson, Kennedy, Epstein, Clinton, Weinstein, etc.) when others are punished for the same crimes (pedophiles, murderers, thieves, rapists, etc.) we have a democracy. When all, regardless of money, titles, political power, etc. are held to the same laws and legal standards the great American Republic survives and gains strength. To rebuild the American Republic, we must first cleanse the inward vessel, removing from public office all those who refuse the blessings and work of a republic for the ease and captivity of a democracy.
DNC-Consulting 