by David Ogle | Drawn from Dr. Ogle’s Website
The story presented here is from Dr. Ogle’s website. On his website, Dr. Ogle laces his story with documents which support it. Please visit his website for more.
What follows is my story with regard to the violation of my First Amendment and Due Process rights of the Fifth and the Fourteenth Amendments of the U. S. Constitution by the Oregon Medical Board (OMB) and the government of Oregon which resulted in the deprivation of my medical license in 2010.
In 2006 my wife’s private emails were hacked by a zealous relative (see Clayton Bauman Affidavit), and under governmental coercion, given to OMB. At that time, my wife was my office manager, before we got married in early 2007. The OMB knowingly and willfully used these stolen emails to fabricate their case of revocation against me which financially harmed me professionally, economically and emotionally even though my wife and I were married and with a 13 month old baby girl at that time. After 4 years of harassment including financially crippling OMB stipulations against my practice of utilizing alternative allergy therapies with provocative neutralization, OMB revoked my license in April 2010, and with that deprived me of my economic well-being. (See OMB FINAL Order Part 1 & Part 2)
They had been targeting me since 2003 after I opened a practice in Portland, Oregon where I sought to serve the community with my approach to healthy nutrition and environment in which to live. As soon as I assumed my position with the clinic called “Center For Environmental Medicine”, I was under the scrutiny of investigation for practicing Alternative Medicine. The owners of the clinic were at the time in partnership with a naturopathic physician with whom they were falling out and disputing his charting practices. So, his Naturopath board while disciplining him for bad practices decided to write a secret complaint letter to OMB about me for no apparent reason other than I was a MD just recently contracted with this same clinic. I have never seen this letter and never knew about it until the OMB along with my bad attorneys forced me into the administrative law process 6 years later in 2009, I have still never seen this letter and OMB refused to provide it. This is typical of boards of all professions where transparency is non-existent and oppression as well as tyranny are the rule of law. Once a professional comes under the eye of the board, be he a doctor, a lawyer or whatever, his career is soon to come to an end in America.
HEALTHCARE QUALITY INFORMATION ACT (HCQIA)–Background
As a result of ineffective representation by my attorneys, I filed with my own Pro se appeal to the Oregon Appellate Court in 2010 with a consultant’s help. He was good with the legal language, but failed to find in his research a critical piece of legislation that precludes anyone from suing their State government due to State immunity since passage of the Healthcare Quality Improvement Act of 1986 whereby States now have absolute immunity. It was a Democrat liberal from Oregon, Ron Wyden who as U.S.Congressman in 1986 sponsored The Healthcare Quality Improvement Act of 1986 which gave boards and any other peer review panels absolute immunity. Wyden needs to be made aware of the damage his legislation has caused, and attempts to schedule to meet with him and discuss the damage has so far failed. Both sides of the aisle are to blame. However, for over 25 years, Democrats have dominated legislation in left-leaning Oregon and the west coast along with the notoriously liberal Ninth Circuit Court. One would think the practice of CAIM (Complementary, Alternative and Integrative Medicine) easier in a progressive State like Oregon. However, the medical field is about money as are most things, and it matters not which side of the political aisle. With respect to the HCQIA of 1986, there have only been three peer review related cases overturned that we can find. All three were because of gross due process violations. My case and most others are certainly about Due Process, but solo, independent doctors are small fish and cannot afford large, expensive law firms on retainer. Also, Racketeer Influenced and Corrupt Organizations Act of 1970 (RICO) has failed when tried on the west coast and in most of America despite facts that show special interest favoritism for conventional doctors protected in managed care organizations (MCOs) that have power and political connections. Physicians in solo, independent private practice become an easy mark for medical boards eager to protect revenue streams for their favorite doctors and privileged associates in large hospital practices, pharmaceutical firms, insurance companies, petrochemical industry, vaccine manufacturers, law firms and government entities who milk funds for themselves from the public treasury for a multitude of reasons under the guise of protecting the public welfare. A doctor never finds justice in this system of corruption and essentially organized crime if they are practicing CAIM utilizing nutritional therapies, chelation therapy, applied kinesiology, provocative neutralization, energy medicine, nosodes, alternative cancer therapy or neutraceuticals. The CAIM physician reserves pharmaceuticals until absolutely indicated in his clinical judgment. Most conventional physicians follow an arbitrary and dictated medical board and insurance company (community…their community) standard of care that eliminates a true physician’s clinical acumen. Furthermore, most doctors never read or follow the warnings in the drug enclosures or the PDR (Physicians’ Desk Reference) advisement. They are too busy seeing their next patient.
Back to MY STORY
Immediately, I proceeded with my appeal and subsequent Opening Brief with the Appellate Court of Oregon in October 2010.
The Assistant Attorney General (AAG Denise Fjorbeck) filed their Answer Brief against me in January 2011. The State represents the OMB against the doctor through their Department of Justice (DOJ) at taxpayer expense. Essentially, the document states that the board is immune from any attempt at prosecution for due process violation. The AAG further insults me by stating that I “received all the due process to which he is entitled” in spite of numerous violations of my Constitutional rights by the Oregon Medical Board.
Thereafter, I filed a Reply Brief. In April 2011, the Appellate Court refused to discuss and take judicial notice of the legal issues raised in my Brief, and conducted themselves with total judicial indifference.
I exercised my right to review de novo by the Court of Appeals and without a written opinion, they refused to review my case.
Thus, I had exhausted my judicial remedies in the State of Oregon courts regarding this travesty of justice perpetrated upon me by OMB. So, in April 2012, I filed a federal civil lawsuit (42 USC 1983) in the U.S. District Court in Portland, Oregon.
After much machination by the State and the federal judiciary in Portland, my case got fast-tracked. Astoundingly, a federal magistrate (Janice Stewart) and an Article III Judge (Anna Brown-a Clinton appointee) moved to dismiss my lawsuit in August.
In September 2012, I was forced to file an Emergency Motion with the Ninth Circuit Court to obtain temporary relief until April 29, 2013 from a “distraint warrant” that the aggressive OMB and the Oregon Department of Revenue (ODOR) sought to enforce against me in the amount of $34,844.93, their so-called “Bill of Costs” of the State’s unconstitutional actions against me by their agent, OMB, represented by the Oregon DOJ AAG Shannon Reel via their kangaroo court process, under the color of law, known as administrative law.
As a consequence of the government’s unlawful conduct against me relative to their final order from April 2010, my wife and I fortunately received from God a beautiful and healthy second daughter all the while without any meaningful income since the 2010 unlawful and unconstitutional revocation of my property—my medical license.
My appellate case languished in the U.S. Court of Appeals for the Ninth Circuit for 22 months. I had filed my Opening Brief in December 2012.
On May 29, 2014, the Ninth Circuit panel of 3 judges filed a 2-page memorandum showing judicial indifference to my issues in favor of granting immunity to the medical board. I immediately filed a Petition for Rehearing En banc on May 12, 2014.
My wife has continued to work while I provided childcare in support of our young girls. We waited in prayer for the relief I requested in my Brief in 2012. At no time throughout the process was OMB willing to negotiate, to compromise or to spare us the harm they have caused even in the face of their own Administrative law judge’s opposing opinion in December 2009.
On October 17, 2014, the clerk of the U. S. Court of Appeals for the Ninth Circuit finally notified me that not one single judge asked for a vote on my En banc. The Court stated the case is closed. My option of filing a writ of certiorari to the U.S. Supreme Court was beyond my financial and emotional ability to pursue.
My hopes of restoring my career appeared dashed against the rocks of harsh reality. The establishment elite had spoken and shown me the door telling me they did not want my kind around on their turf. In early 2015 we heard about OMB pressing the State Senate to pass SB 279 that would give OMB more power and control over health care professionals. It was promoted as “cost-saving”. Those of us such as myself who had personally experienced the brutality of OMB knew better. So, on February 9, 2015, a group of us including my wife and I traveled to Salem to testify before the State Senate committee. Our statements are attached here. Ultimately the measure was tabled and did not reach a vote. But OMB will be back I am sure. I shall be around, but I won’t be under their control. So, stay tuned-in!
March of 2015, the emotional toll on my family overcame my wife who filed for divorce. There is the possibility that I may lose my home where my 2 girls were born. Such circumstances are incredible and repugnant to those of us who believe in justice in America and in the Constitution of the United States. Most folks who hear this story are astonished and in disbelief that this could have happened. Despite attempts to bring this story to the American media, no publication has shown an interest. The behavior described here by State licensing boards continues unabated to this day. The media and the public are obsessed with Obamacare and wondering why so many doctors are leaving medicine voluntarily. I was forced out of my practice and deprived my right to pursue my liberty interest by the oppressive, tyrannical and indifferent State and federal governmental forces including the Executive, Congressional and Judicial branches and their employees who are controlled by the establishment elites. It is not difficult to comprehend why so many citizens across America are angry. We are observing our country coming apart at the seams. There will continue to be a growing and increasing shortage of doctors in the months and years ahead as general anger about government at all levels rages on. Despite these odds and all the negatives, I refuse to give up and shall fight on to make a comeback in my career. So, stay tuned in to this site for news that is soon to unfold. You may chime in if you wish and I shall do my best to respond to all. Please avail yourself of the links and referrals on this site.
David Ogle’s Website, “Renaissance Medicine: Where ideas are born, nurtured, and flourish,” can be found at http://drogle.weebly.com/