Response From the Texas Medical Board (TMB) – Insanity From Bureaucrats

?u=http3.bp.blogspot.com-CIl2VSm-mmgTZ0wMvH5UGIAAAAAAAAB20QA9_IiyVhYss1600showme_board3.jpg&f=1&nofb=127 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.

  1. 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.
  2. 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.

  1. 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.cropped-bird-of-prey.jpg

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.

Houston; We Have A Problem! – The Texas Complaint!

COMPLAINT REGISTERED AGAINST:
Practitioners Name: Dr. Aamr Herekar M.D

PERSON REGISTERING COMPLAINT:
First Name: Michael David “Dave”
Last Name: Salisbury

DETAILS OF COMPLAINT:
I possess a note from my doctor, a VA Primary Care Provider, written to my employer on VA Letterhead with a wet signature, declaring my inability to wear a mask.  Advanced Neurology Epilepsy & Sleep Center (ANESC), Dr. Aamr A. Herekar M.D., and the office staff were presented with the same letter and hassled me before both appointments for not wearing a mask.  At the second appointment, the commando secretary became hostile, argumentative, and a nuisance over the mask issue, even after I complied with putting on a face shield.  If, as a provider, you reserve the right to refuse service, why did you agree to see me in the first place?  This simple question is a mark of the deplorably low and execrable service I received in this office!

Over Facebook Messenger (23 September 2021), I was informed that I would be invited to find a different provider “due to my refusal to wear a mask.”  Except, I never refused to wear a mask, I physically CANNOT safely wear a mask for health reasons.  I have several breathing problems that begin with asthma, low-lung volume, and rigid T-Spine from a spinal injury sustained in US Navy service.  I suffer from chronic pain and a musculoskeletal-neurological issue in my chest that does not allow me to breathe with enough force and volume to safely wear a mask!  Even a face shield causes me breathing problems; CPAPs, cause me breathing problems; surgical masks cause me breathing problems.  I reiterate and repeat, only for emphasis, I have NEVER refused to wear a mask, I have NEVER refused to wear a face shield as an alternative; provide me an alternative, I will comply.  Act all huffy, put on attitudes, get hostile, rude, argumentative, and I will ask to leave and not return.  Just validate my fuel chit so I can be reimbursed for my wasted time and fuel, which Dr. Herekar’s office was singularly inept at doing!

Yet, imagine that; Facebook Messenger has become the medium of choice for ending a patient relationship with a medical provider.  How very inappropriate!  How very unprofessional!  Wait.  Does Dr. Herekar have alternative methods of technology available to him to communicate with patients?  Does he know how to use these other channels of communication?  Yes, he does, and I cover these further down!  When did Facebook Messenger become the channel of choice allowed by the State of Texas to end patient relationships with providers officially?  Seriously?!?!  Using social media to make claims that I harassed, swore, threatened, and sexually propositioned an office staff member.  These are crimes; yet, the Dr. can think of no other means or methods of expressing the end of a patient relationship except to use Facebook Messenger; tell me, is this professional practice in the State of Texas?  If I did not have access or a Facebook account, would he have hired an airplane and used sky-writing to alert me the doctor-patient relationship had concluded?  Prior to this notification, I had spent two-solid weeks trying to call, leaving phone messages that were never returned, text messaging and not receiving a response, and emailing to no avail.  Yet, the doctor decides the only channel to employ to return communication is Facebook Messenger.  Do you see a problem with his conduct here?  As an Industrial and Organizational Psychologist with more than 20-years in the trade, I certainly see several ethical breaches and operations problems here!

30 August 2021:  I enter Dr. Herekar’s office and am confronted by a hostile office person, a commando secretary.  Who knows I have a breathing problem and cannot wear a mask, who was presented the VA letter on my first appointment, and I did not have to wear a face shield to be seen.  Important to note, no further contingencies were mandated for my next or any future appointments.  Who proceeds to invent a reason to deny me care.  She calls a supervisor, then “politely” (in a rude, condescending, and hostile manner) invites me to a back room to try and tell me off.  She then walked out when I suggested she had two options, move my care to another neurologist or have me wear a face shield, and I was leaning towards option 1.  I had no patience for the commando secretary who was inventing reasons to deny me care after having already been almost run over by traffic and being in the middle of a bad pain/nerve day.

Let me digress for a moment; I am hypersensitive to ALL touch.  Nobody touches me, and I shy away from anyone trying to touch me.  The commando secretary or Dr. Herekar invent that I swore, was rude, threatening, and propositioned the commando secretary to sit on my lap!  All of which is a gross and fallacious LIE of the blackest hue!  Then to use social media to discharge me from his clinic like I was the one committing some type of crime takes unprofessional conduct to a new level of abhorrent and repugnant low!  I twitch 24/7/365, I suffer from neurological spasms, my chronic pain levels continue to be in 10’s and regularly climb to levels beyond.  Now, one final piece of private information, I am married, and I have never even propositioned MY WIFE to sit on my lap, why in the name of all that is holy and pure would I proposition a complete stranger in a doctor’s office to do something I would not ask my wife to do as it would cause me excruciating pain?

Let me address why it has taken me so long to file a complaint.  The Department of Veterans Affairs (VA) set up this doctor-patient relationship, I needed to allow the VA the opportunity to handle the problem.  As they have referred me to you, and pulled a Cesear.  I now have free reign to discuss this odious and abominable incident with what I sincerely hope is an avenue where other patients can be protected from a cherry-picking doctor.  From the first minute Dr. Herekar entered the room, it was clear that I was not the type of patient Dr. Herekar wanted to see.  He immediately began trying to push me back to psychology, “fix” with pharmaceuticals, and rush me out of his office.  Due to the glacial speed of the VA, I will be obtaining more information about my neurological problems from a VA-provided neurologist in November.  However, this incident with Facebook Messenger needs to be clarified to me the patient as to whether Dr. Herekar’s actions in ending the doctor-patient relationship were of the highest ethical and moral standards according to Texas.  Then someone needs to investigate why my good name is being slandered and defamed, having these fallacious and execrable accusations created.  Just because I am a disabled veteran who cannot (not will not, CANNOT) wear a mask, does not mean medical providers can create from whole cloth excuses and falsify medical records!  As it says in the country song, “Houston, We have a problem!”

Remote Signature: 73.242.128.97

In the name of transparency, the above document, with some slight alterations to hide addresses and phone numbers, is what was submitted today (27 Oct 2021) to the State of Texas Medical Liscensure Board as a complaint!  When I figure out the New Mexico pathways, I have two additional complaints to file.

I am sick to death of medical providers falsifying records to hide incompetence, discriminate against those who cannot wear masks, and have the ethical behavior of pigs in the mire.  Enough is enough; I will not take this disrespect anymore!  Vaccination status is nobody’s business and mask or no mask should not dictate social acceptance.

COVID should not be the reason that America dies!

© Copyright 2021 – M. Dave Salisbury
The author holds no claims for the art used herein, the pictures were obtained in the public domain, and the intellectual property belongs to those who created the images.