Final Decision and Order...
February 9th, 2003
Opinion by Consumer Advocate Tim Bolen
This is Baratz and Thexton's
written plan to destroy the leading-edge health care system for millions of people in
Wisconsin.
You are about to read the
"Final Decision and Order" that DORL employee Arthur Thexton wants to
FORCE on all
leading-edge health practitioners in Wisconsin. He is starting
with Eleazar Kadile MD.
Notations, and commentaries, in this writing are
in blue.
Note that MOST of the so-called "FINDINGS OF
FACT" or "CONCLUSIONS OF LAW," and the "ORDER" shown below are NOT true.
One of Thexton/Baratz tactics
here, is the sheer financial cost that any physician would incur, if he/she had
BAD legal advice, and were foolish enough to agree to something like this.
We've put financial cost estimates in green.
Eleazar Kadile
MD is simply an "Alternative Medicine" practitioner. He has done
nothing wrong.
Thexton/Baratz's strategy to
force this on Dr. Kadile, and all other practitioners, is simple. Thexton
is trying to qualify Baratz as an expert in EVERY facet of American
medicine - and then have him testify in marathon Administrative Law Cases, to
run up the individual doctor's legal bills beyond what they can afford.
Dr. Kadile's legal bills totaled $127,000 after the first week of trial.
And, there was no end in sight. Thexton wants Baratz to testify for
another week. The trial is ongoing.
When you are done reading
this, go read the individual "REQUIRED DISCLOSURE FOR
EXPERIMENTAL/UNCONVENTIONAL DIAGNOSIS AND TREATMENT" forms that
Thexton/Baratz want to force patients to sign...
Tim Bolen
-----------------
STATE OF WISCONSIN
BEFORE THE MEDICAL EXAMINING BOARD
IN THE MATTER OF DISCIPLINARY
FINAL DECISION AND ORDER
PROCEEDINGS AGAINST
LS-0112061-MED
ELEAZAR M. KADILE, M.D.
94 MED, 96 MED 287
RESPONDENT.
------------------------------------------------------------------------------------------------------------------
The parties to this action for the purposes of 227.53, Wis. Stats., are:
Eleazar M. Kadile, MD
1538 Belleview St.
Green Bay, WI 54311
Wisconsin Medical Examining Board
P.O. Box 8935
Madison, WI 53708-8935
Department of Regulation and Licensing
Division of Enforcement
P.O. Box 8935
Madison, WI 53708-8935
The parties in this matter agree to the terms and
conditions of the attached Stipulation as the final decision of this matter,
subject to the approval of the Board. The Board has reviewed this Stipulation
and considers it acceptable. No one has agreed
to any of this...
Accordingly, the Board in this matter adopts the attached
Stipulation and makes the following: No one has agreed
to any of this...
FINDINGS OF FACT
1. The respondent is Eleazar deMira Kadile ( D.O.B. 1/26/39)
who is licensed and currently registered as a physician and surgeon in the
State of Wisconsin, license #20408, first granted on 10/1/76. Respondent’s
most recent address on file with the Department of Regulation and Licensing is
1538 Belleview St. Green Bay, WI 54311.
2. During the year 1995, and in subsequent years, respondent
caused to be distributed and published to the public a brochure advertising
his services as a physician, which brochure stated: “Relentless study of
allergy and the environment led to his board certification in Environmental
Medicine. In 1992, he received a Fellowship from that same organization.”
The brochure did not contain the complete name of the specialty board which
conferred the certification. So?
3. In the same brochure, respondent advertises as follows:
“Our Certified Clinical Nutritionist is available to discuss nutritional
needs with you.” In fact, respondent had no person on his staff or
associated with his practice who was or is certified under §448.70 to §448.94,
Wis. Stats, although the person had passed a certification test for a national
private association in the field of nutrition in 1991. Yeah,
and?
4. Respondent caused or authorized to be published in the August 17, 1996
(Sunday) Green Bay Press-Gazette, a general circulation newspaper, an
advertisement which stated that a “typical” patient treated with chelation
therapy reported that his coronary artery blockage was halved by
respondent’s chelation therapy, and that “chelation therapy is an
effective way to not only combat, but reverse some of the effects of
atherosclerosis.” This never happened.
Thexton made this up. The Board finds that there is not sufficient data to
support these representations. The board has
done no such thing. Thexton is lying...
5. At all times relevant hereto respondent treated patient Roy
P., a male born in 1939 with a history of stroke, mild diabetes, herniated
lumbar disc L-4L5, and angioplasty. He had cholesterol levels of 250, with LDL
of 173, and was taking cholestyramine.
6. On 11/7/91, respondent first saw this patient and diagnosed
the patient as suffering from sub clinical hypothyroidism.
7. The patient’s T3 and FTI laboratory test results were
within normal limits, while the T4 was 4.5 (the normal range is 4.9 to 9.5)
based on the first laboratory test results in the patient’s chart, which
bear the date of 11/11/91.
8. The laboratory test results set forth in the previous
paragraph do not support a diagnosis of hypothyroidism. Respondent’s
statements that he believed the patient to have “subclinical
hypothyroidism” based on the laboratory reports, an uncharted low basal
temperature, high cholesterol, the presence of scleroderma (an autoimmune
disorder) and diabetes, and a report of feeling fatigued, is not recognized by
the Board. This is not true. Thexton is
lying, based on crackpot Baratz's reading of the case.
9. Respondent prescribed desiccated thyroid per day, beginning
11/21/91, for treatment of hypothyroidism.
10. Chelation therapy is a treatment which involves the
infusion of intravenous EDTA into a patient’s bloodstream. There are kinds
of EDTA: calcium EDTA and disodium EDTA. Disodium EDTA is used
conventionally to remove calcium from the body, and is well accepted for use
in cases where a patient has hypercalcemia or digitalis-induced cardiac
arrhythmias. Calcium EDTA is used to remove lead from the body in cases of
lead poisoning, and is well-accepted for this use. The patient did not have
any of these conditions. Baratz
says this - and he has no expertise in any of this. His claim to
expertise is that "he read about chelation when he was in DENTAL
school...
11. Respondent prescribed and administered magnesium disodium
EDTA chelation for this patient. 60 such chelation treatments were
administered in Respondent’s office between 12/3/01 and 5/12/94.
12. Respondent’s conduct created the following risks to the
patient, which were not adequately disclosed: Says
crackpot Baratz...
A. The provision of thyroid replacement therapy to a
patient who does not have hypothyroidism may lead to hyperthyroidism,
including weight loss, hypertension, palpitations, diarrhea, cramps,
tachycardia, angina pectoris, arrhythmias, tremors, headache, and in severe
cases cardiac decompensation, cardiac failure and death. None
of this is true. It is simply crackpot Robert Baratz's assinine
commentary on a science he knows nothing about.
B. Board finds that Respondent’s failure to accurately
and completely record his findings in the patient’s record, and his failure
to document a thorough and competent history and physical examination, creates
the risk that the patient’s conditions are not being accurately recorded,
detected, and monitored thereby creating an additional risk that the patient
may be inappropriately treated or there may be a delay in necessary treatment.
None of this is true. It is
simply crackpot Robert Baratz's assinine commentary on a science he knows
nothing about.
13. In fact, chelation therapy is not accepted by the Board as
an effective treatment for any of the patient’s diagnosed conditions. The
board has done NO SUCH THING. Thexton is lying...
14. Respondent signed a letter and sent the letter to an
insurance company on 1/11/92, stating that the patient had high level of
mercury and lead, and that there was a medical necessity for EDTA chelation
for the presence of these substances. In fact, the Board does not find high
levels of either of these substances by accepted or established testing
methods. The board has done no such
thing. Thexton is lying... The purpose of EDTA chelation therapy was to improve the patient’s
cardiovascular functioning, and by failing to state this, a material fact was
not conveyed to the insurance company. None
of this is true. It is simply crackpot Robert Baratz's assinine
commentary on a science he knows nothing about.
15. Respondent has stated that if a patient substantially like
Mr. P were to present to him today, he would treat him in substantially the
same way as he treated Mr. P.
16. The Board finds that the state’s expert, Robert S. Baratz,
is qualified to give admissible testimony on all aspects of this matter.
Isn't this amazing? Thexton is so worried about
Baratz being disqualified he wants this junk in an agreement.
CONCLUSIONS OF LAW
A. The Wisconsin Medical Examining Board has
jurisdiction to act in this matter pursuant to §448.02(3), Wis. Stats. And is
authorized to enter into the attached Stipulation pursuant to §227.44 (5),
Wis. Stats.
B. Failing to state the full name of the board
which certified him in “environmental medicine,” as described in ¶2,
above, is contrary to § Med 10.02(2)(w), Wis. Adm. Code This
is a STUPID Statement written by Thexton - showing the low quality of work he
is able to produce as a public employee.
C. Representing that a person is a “Certified
Clinical Nutritionist,” as described in ¶ 3, above, tends to represent the
person as certified in a nutrition-related field, and is therefore prohibited
by ¶448.76, Wis. Stats. The brochure statement constitutes a violation
of ¶ Med 10.02(2)(o), Wis. Adm Code. Again
- this
is a STUPID Statement written by Thexton - showing the low quality of work he
is able to produce as a public employee.
D. The advertising described in ¶4, above,
is contrary to § Med 10.02(2)9O), Wis. Adm. Code. Wrong...
E. Respondent’s conduct as described in
¶¶5-15, above, violated § Med 10.02(2)(u), Wis Adm. Code. Wrong...
F. Respondent’s conduct as described in ¶14,
above, violated Wis. Adm. Code § Med 10.02(2)(m).
Wrong...
G. The above conduct constitutes unprofessional conduct within
the meaning of Wis. Stats. § 448.02(3). Wrong...
ORDER Again - remember that none
of this is actually true - it's what Thexton, and Baratz, want all the health
practitioners in Wisconsin to agree to. Eleazar Kadile MD is an
"Alternative Medicine" practitioner. He has done nothing
wrong. All of this is to stop him, and about 3,000 other Wisconsin
practitioners, from practicing non-conventional medicine. All on the
say-so of a crackpot hair-removal specialist who lost his last job after a
physical altercation with a 72-year old woman - and the writings of a DORL
zealot.
NOW, THEREFORE, IT IS HEREBY ORDERED, that the attached
Stipulation is accepted.
IT IS FURTHER ORDERED, that Eleazar M. Kadile, MD, is
REPRIMANDED for his unprofessional conduct in this matter. There
is NO unprofessional conduct - except on the part of Arthur Thexton, and
Robert Baratz.
IT IS FURTHER ORDERED, that the license to practice medicine
and surgery of respondent is LIMITED as provided in §448.02(3)(e), Wis.
Stats., and as follows:
1) Respondent shall, for all patients, record in the chart the
names and contact information for all other physicians the
patient is seeing or is likely to see on a continuing basis, and shall inform
one primary care physician’s office, in writing, of his diagnosis and
proposed treatment of the patient. If a patient refuses consent for respondent
to provide such information to the other physician, respondent shall not treat
that patient. There is no good reason for
this. It is just to raise costs, harass other doctors, and create bad
feeling... Monthly estimated cost - $500.
2) Respondent shall not engage or participate in any research
project on human subjects without the specific approval of the Board. The
board doesn't have any jurisdiction over research projects. It couldn't
approve or disapprove one if it wanted to.
3) Respondent shall not prescribe, dispense, or administer any
drug product or device which is not FDA approved, nor for any use or
indication for which such drug product or device is not labeled in the United
States, nor may respondent order, dispense, or administer any compounded drug
or drug product, except as permitted in this Order. This
is contrary to NORMAL physician practice in the United States. Off-label or
compounded prescribing shall be pursuant to the form attached as REQUIRED
DISCLOSURE FOR EXPERIMENTAL/UNCONVENTIONAL DIAGNOSIS AND TREATMENT. The
Board or its designee may grant exceptions to this requirement for written
informed consent for “off-label” prescribing, upon petition, either as to
an individual case or product or as to a category of patients or products. There is no provision in board policy
to provide for petitions on individual cases. Is Thexton too stupid to know
this?
Respondent may offer chelation therapy only if the patient signs the for which
is attached to this Order as REQUIRED DISCLOSURE FOR
ETHYLENEDIAMINETETRAACETIC ACID (EDTA) CHELATION THERAPY. Respondent
shall not alter, preface, supplement, or in any way attempt to defeat or
minimize the message of the approved disclosure forms with other documents or
oral statements; respondent shall comply with ch. Med 18, Wis. Adm. Code. The
form shall be preserved in the patient’s chart, and a copy given to the
patient at the time of signing.
4) Respondent shall not order or recommend any established test
for unestablished reasons, or any unestablished test (including but not
limited to whole blood analysis, hair analysis, any test offered by facilities
which are not commonly used by physicians practicing conventional medicine)
unless the patient signs the attached REQUIRED DISCLOSURE FOR
EXPERIMENTAL/UNCONVENTIONAL DIAGNOSIS AND TREATMENT. All testing shall
be performed by CLIA regulated laboratory which is authorized to do the test
performed. All physicians use
"disclosure" forms. Wait until you see the ones that Thexton/Baratz
dreamed up...
5) Respondent shall not sell any good or article to any patient
at other than his actual cost (including shipping) without written notice
(approved by the Board or its designee) by respondent that such goods or
articles are being sold on a for-profit basis, and with acknowledgment from
the patient that he/she is purchasing the good or article voluntarily of
his/her own free will, and that he/she may purchase the items elsewhere. They
want to eliminate vitamins and supplements. Estimate
cost - unknown.
6) Respondent shall make no statement concerning a patient’s condition,
orally or in writing to any third party payor or a patient (or patient’s
caregiver) which is not clearly supportable by the patient’s health care
record. Respondent shall not make any statement to a third party payor or a
patient (or patient’s caregiver) that a patient has abnormal levels of any
substance without enclosing the laboratory report which supports that
statement. This is insulting. Only
crackpot Baratz says that Dr. Kadile didn't have adequate justification for
treatment...
7) Respondent shall, at his own expense, retain a physician who
is board certified in a specialty recognized by the American Board of Medical
Specialties in a field providing primary care to patients, who is acceptable
to the Board, such acceptance not to be unreasonably withheld. The retained
physician shall, on behalf of the Board, review respondent’s patient charts
no less often than every three months, or as the retained physician shall
determine is necessary to timely review the records, and shall report to the
Board any conduct which may violate this Order or be negligent,
unprofessional, in violation of any state or federal law or rule, or outside
the standard of care. The retained physician’s sole duty is to the
Board and not to any patient or third party. Respondent shall cooperate at all
times with the retained physician including by timely paying any fees in full,
answering questions, and providing supplemental information promptly when
requested. All of respondent’s personal clinical notes resulting from office
visits shall by typed. This is insulting.
It is here only to harass doctors - and to increase their costs to
operate. A Board certified MD would have to charge between 20 to 35
thousand dollars each quarter to review this many charts. And, when
would one have time? And who would take the risk?
8) Respondent shall forthwith ensure that none of his staff
uses the title “certified clinical nutritionist” or any other title which
violates §448.76, Wis. Stats. This is
insulting. They want
to eliminate vitamins and supplements.
9) Respondent shall forthwith cease to use any advertising
which includes testimonials, and shall not advertise any medical practice or
course of treatment which would include any particular or specific off-label
use of drug products or devices, nor shall he advertise that he is
board-certified unless he is either certified by a board recognized by the
American Board of Medical Specialties, or discloses the full name of the Board
which has certified him. However, Respondent continues to have the right
to advertise his complementary and alternative medicine practice. This
is insulting. It also restraint of trade. This is not within the
board's venue, or scope of authority.
10) Respondent shall, at his own expense
($25,000 plus the wasted time), participate in and
successfully complete with 12 months of the date of this Order, an educational
program established through the University of Wisconsin Continuing Medical
Education Program (which may conduct any program through the Medical College
of Wisconsin or another CME provider) in medical recordkeeping approved by the
Board or its designee. Alternatively, respondent shall complete another
recordkeeping course pre-approved by the Board or its designee, which is
substantially equivalent. This is
insulting. Baratz is too dim-witted, and has too little experience, to
read simple patient records.
a) Under tutelage of a mentor selected by the program (Baratz
will be the so-called mentor?), Respondent shall
review a selected text on medical recordkeeping, and shall introduce the
mentor’s recommendations into his system in both clinic and hospital
records. All of Respondent’s records may be reviewed and discussed
periodically as the mentor shall determine. Reviews may include not only the
adequacy of documentation but any quality of care or related issue.
This is just run up costs, for no
good reason - and get Baratz some more income..
Estimated
cost - $125,000.
b) The mentor (Baratz?) shall agree to report any matter which may constitute a
danger to the health, safety or welfare of patient or public, or any violation
of law to the Board whenever it comes to the mentor’s attention. This
is insulting.
c) Respondent’s progress and the outcome of the program shall be
reported directly to the Department Monitor who may discuss Respondent’s
progress with the mentor. The UW-CME shall certify the results of the program
upon completion to the Board.
d) If Respondent does not successfully complete the
program or achieve the program objectives, the matter shall be referred to the
Board to determine any additional appropriate discipline for the conduct set
forth in the Findings of Fact.
IT IS FURTHER ORDERED, that
Respondent’s license is LIMITED in the following additional respect: If
respondent renews his registration after Oct. 31 2005, respondent shall EITHER
have taken and passed the SPEX with a score of 75 (Respondent may not attempt
the test more than twice without Board approval), OR have undergone an
assessment to evaluate Respondent’s current abilities to practice medicine
at his current practice (by
Baratz?), given his current patient population and the facts of
this case. The assessment shall be performed under the direction of the
University of Wisconsin Continuing Medical Education Program (UW-CME), and may
include a cognitive screening assessment, peer interview, and/or physical
examination. Respondent shall have completed all portions of the process for
which he is responsible (including payment of all required fees), as requested
by UW-CME, before October 31, 2005. It is
commonly known that NO ONE EVER passes the SPEX test.
Estimated
cost - $20,000, plus the wasted time.
If the results of this assessment
process show a deficiency in respondent’s abilities, respondent shall
participate in and successfully complete an educational program established
through the UW-CME and based upon the results of the assessment. The
educational program shall include a post-intervention assessment which may be
6-18 months following the completion of the didactic portion of the program.
Respondent shall complete this program within the time parameters established
by the UW-CME, but no later than two years from the date of the report to the
Board of the results of the assessment process. It
is commonly known that NO ONE EVER passes the SPEX test.
Estimated
cost, including travel, lodging. lost income - $250,000.
In the event that UW-CME states that
it is unable to develop an educational program which adequately addresses the
issues identified in the assessment, the program shall notify the Board of
this fact, and the matter shall be returned to the Division of Enforcement for
further action. The results of the assessment shall be admissible as evidence
in any subsequent proceedings in this action. It
is commonly known that NO ONE EVER passes the SPEX test.
Respondent shall be responsible for
all costs incurred for the SPEX or the assessment and training under the terms
of this Order, and shall timely pay all fees when due. It
is commonly known that NO ONE EVER passes the SPEX test.
The UW-CME shall certify to the Board
the results of the assessment and educational program upon their completion,
and may certify separately the didactic portion of the program and the
post-intervention assessment. Upon receipt of certification of completion of
the terms and conditions set forth above, the Medical Examining Board shall
inform Respondent that his obligations under this portion of this order have
been satisfied, and that his license is no longer limited in this respect.
It is commonly known that NO ONE EVER passes the SPEX
test.
If respondent does not successfully
complete the program or does not successfully achieve the objectives of the
program, and does not pass SPEX, this matter shall be referred to the Board to
determine any other appropriate discipline for the conduct set out in the
Findings of Fact. Respondent and the Division will have the opportunity to
present argument to the Board on that issue. The Board and Respondent will
receive the results of the assessment and Respondent’s performance in the
program, including the post-intervention assessment, as evidence in
determining appropriate discipline. It is
commonly known that NO ONE EVER passes the SPEX test.
If Respondent has diligently pursued
the assessment option in a timely manner and has promptly started the
recommended educational program (if any), but is unable to fully complete the
educational program recommended, by October 31, 2005, he may petition the
Board for a reasonable extension to finish the educational program. The
granting of such extension is within the discretion of the Board, and may
include conditions or additional limitations for the period of such extension,
based on the assessment and respondent’s progress in the educational program
as known at that time. It is commonly known
that NO ONE EVER passes the SPEX test.
IT IS FURTHER ORDERED, that Respondent shall pay partial
costs of investigating and prosecuting this matter in the amount of $15,000.,
together with statutory interest from the date of this Order by October 31,
2003.
IT IS FURTHER ORDERED that pursuant to §448.02(4),
Wis. Stat., if the Board determines that there is probable cause to believe
that respondent has violated any term of this Final Decision and Order, the
Board may order that the license of respondent be summarily suspended pending
investigation of the alleged violation.
Dated this November 20, 2002.
WISCONSIN MEDICAL EXAMINING BOARD, by:
by: ---------------------------------------------------------
a member of the Board