The Connections Project signs its first platinum partner in Grapevine TX!

Kotsanis Institute becomes the Connections Projects first platinum partner! Photo left to right: Dr. Kotsanis, Beverly Kotsanis, Lamarque Polvado

Press Release

The Connections Project signs its first platinum partner in Grapevine TX! The Kotsanis Institute became the first platinum partner with the Connections project!

Grapevine, TX, March 22, 2011: At 10:30 a.m. the Connections Project signed it first Platinum Partner, The Kotsanis Institute, at the Baylor Health building located at 2020 W State Highway 114 in Grapevine. Texas. The Connections Project was founded in March 2008 with the goals of uniting providers within the Special Care Industry and empowering caregivers who have children with special needs. “It’s not surprising that Dr. Kotsanis and Beverly are the first to step up to the plate and commit to a long term partnership to help caregivers”, said Lamarque Polvado executive director of the Connections Project. Beverly Kotsanis had this to say; “We have believed in this project from day one, becoming a platinum partner seemed like a logical next step. We can’t wait to see Connections grow into a national resource and the Kotsanis Institute wanted to be the first to step forward and make that happen.” The Connections Project looks to raise three million dollars in the next year to fund the ambitious expansion and create Special Care International, the worlds first association for the Special Care Industry.

Let’s Change the World Together!

Recently, I realized that I should change my business card to Lamarque Polvado, Human Being / World Changer. While I like to joke about this, there is a certain bold truth in this statement. Those of you who know me personally can verify just how driven I am. I have committed my self, my family, and my resources to creating the Connections Project, which has seemed at times both crazy and impossible. Yet, I believe that it will change the world for individuals with special needs, and because of that I feel compelled to continue.

“Be the change you want to see in the world.”
- Gandhi

This quote accurately represents what I have attempted to do for the last three years of my life in the special needs community. I have been on a mission to empower caregivers with free information and facilitate providers to work together. While on this journey, I have seen breakthroughs and ran into 100 story walls at 60 miles an hour, but I haven’t quit, given up, or taken no for an answer. This determination has earned me the title of “The Crazy Dad” here in Dallas. I love to hear that because what they really mean is that I believe that I can change the world. The secret is that I don’t just believe that I can change the world, but that I can build a partnership of amazing people and Together We Can Change the World! This reminds me of another one of my favorite quotes.

“Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has..”
- Margaret Mead

The Opportunity & Invitation:

The Opportunity:

In October, after a frustrating year of looking for capital for the Connections Project, I decided to throw a Hail Mary. I reached out to a long time friend and business partner, Gene Howe, who knew about the Connections Project and asked him for help.

He introduced me to Jeff, an Executive with one of the largest media companies in the United States. After one conversation with Jeff, his company agreed to partner with the Connections Project through the purchase of media. We can now approach any major company who advertises using TV, radio, or print media, and they can sponsor the Connections Project by simply placing their purchase through Jeff’s company. Connections has also created a national partnership package that will provide Internet, print, and event advertising spots, as well as a multitude of public relation opportunities for the companies who partner with us to make a difference.

I also asked Jeff for introductions to anyone else that would be excited to partner with the Connections Project. He thought for a minute….you need to meet my friend Keith who is a CEO of a credit card processing company. Five minutes later, I am talking to Keith about changing the world and how we can partner together to benefit the Connections Project. To my surprise Keith called me the next day and told me that if I would go through training so I could close deals on my own, he would be willing to fund the Connections Project with 50% of the profit on every deal that we brought to him! Any company that processes credit cards can support the Connections Project without us asking for one dollar. Keith agreed to use the same approach as Jeff and match a prospects rate so that this partnership will not cost the company any more than they are spending with their current processor. Partnership really does work!

Invitation for Fellow World Changers:

As you might have guessed, I want to extend an invitation to each of my friends, partners, and acquaintances to participate in our mission at the Connections Project to empower caregivers and connect providers within the Special Care Industry. It is a very small world and we would like to extend our reach and partner network by collaborating with you. How? Easy, we want you to introduce us to people in your network that we need to know; a family who has a child with special needs, anyone who is an Executive of a company, small business owners, celebrities, and community leaders and politicians. How can this help? Opportunities are almost always created through existing relationships, something you have and we need more of. Yes, it is that simple! We don’t need a donation we need your partnership. Below is all of my contact info for you to save in your cell phone and share often!

Celebrating Partnership,

Lamarque Polvado
Executive Director
Connections Project

817-975-4111

lpolvado@ConnectionsKids.com
www.ConnectionsKids.com

Twitter: @lpolvado or @connectionskids
LinkedIn: Lamarque Polvado
Facebook: http://on.fb.me/emVllY
Connections Digital Issue: http://www.issuu.com/connectionsproject

Plea For New Coverage on the Corruption of the Texas Medical Board

My name is Lamarque Polvado I live in Keller TX and I have never sent a letter to a legislator in my life until I found out about the corruption of the Texas Medical Board. Since then I have started a blog, twitter account, testified twice (once in the house subcommittee and once in the senate), met with the Governors’ office, called into talk radio shows, and most recently requested the help of YOU! The Texas Medical Board is the most corrupt medical board in the nation, they operate in secrecy, there is no due process, and they have used this un-American vehicle to persecute those they do not approve of. The only reason that I know about this is because I have two children on the Autism spectrum and the doctors that have been treating my kids are now under attack with baseless complaints now filed against them. Fact 6 out of the 8 Defeat Autism Now Doctors have complaints that are unfounded and not filed by patients! Texas is Better Than This! Help me Reform the Texas Medical Board!

Lamarque Polvado

For More Info:

My Blog: www.giveachildavoice.blogspot.com

Info Site: www.txppr.org

I will put your staff in contact with all of the right people; expert witnesses, families who records and names have been used to file fraudulent complaints, pending complaints showing how they target with a baseless complaint and then subpoena and troll till they find something to act on. I am just a Dad, but you have the power to shed some much needed light on this issue! I need your help!

Lamarque Polvado

Texas Dad Takes on Texas Medical Board vs. Autism

Support CSSB 2336 and CSHB 3816!

Protect our Doctors and Our Freedom of Choice In Health Care Providers

Patients with Autism in Texas are at Risk of LIMITED ACCESS!

My name is Lamarque Polvado I live in Keller TX and I have never sent a letter to a legislator in my life until I found out about the corruption of the Texas Medical Board. Since then I have started a blog, twitter account, testified twice (once in the house subcommittee and once in the senate), met with the Governors’ office, called into talk radio shows, and most recently requested the help of Bill O'reilly! This all because 6 out of the 8 Defeat Autism Now Doctors have complaints that are unfounded and not filed by patients! Texas is Better Than This! Reform the Medical Board!

Texas Medical Board vs. Autism

Misdirection is always the tool of those who wish to deceive the public. Appearances only go so far, but behind the mirage is the truth standing firm but hidden from plain sight. I recently had the pleasure of attending a legislative committee meeting where there would be a discussion of HB 3816 the HEALTH FREEDOM INITIATIVE. I had never before attended a committee hearing or been involved in the legislative process, but I was compelled to go after participating in a radio show where I met general counsel for the Physician and Surgeon Association. I called in to the show to state the concern that I believed that we were in danger of losing the providers who treated my two children with Autism Spectrum Disorder after bogus complaints had been filed anonymously with the Texas Medical Board. When asked to respond to my concerns he made the statement that, “The Texas Medical Board was the most corrupt medical board in the United States of America”. I was shocked to hear this and began to research in the DFW area and found five other physicians all who served the Autism community and found that all five had a complaint filed against them in the last year and most within six months. Now I was mad. Is this the same Medical community that has continually failed my two children? Most doctors seemed to look at my wife and I like we were crazy when we would humbly ask about treatments for Autism. They would look at us with a blank stare and tell us that Autism is an incurable condition? I usually reply, well so is cancer but we treat it! The medical community has failed our kids and now the Texas Medical Board is persecuting the few providers that are willing to treat the symptoms that go with having Autism?

This information alone was enough to get me in my car and heading to Austin to hear for myself what the Legislators and Texas Medical Board had to say. When I got to the committee room I quickly discovered that I was not the only citizen that had been angry and concerned enough to show up testify in support for reforming the Texas Medical Board’s, shroud of secrecy. In fact the room was packed with supporters for the bill. I met many patients and their families most of them had the diagnosis of Autism, but all of them fit into the chronic incurable disease category; lymes, fibromyalgia, chronic fatigue, cancer, etc. I also met a fair amount of physicians who had been wrongfully accused and had spent thousands defending themselves against what usually turned out to be a complaint filed by a competitor or insurance company. They told me of many sleepless nights worrying if there license would be taken away. I heard first hand from this group exactly what I had feared, that persecuted Doctors often would leave the state or shut down all together under the weight of these investigative hearings. The Texas Medical Board stated several times under oath that they believed that they were fair and operating as provided by law and that they had fixed all issues pertaining to the outrages. The executive director of the medical board (a lawyer) spouted statics and solutions that had been put in place and mentioned several times how much they had improved on speeding up the process to receive your medical license, the wait is less than six months. Ironically only two days before I had met a Doctor who had been waiting for over a year to be reinstated. The anger, frustration, and disbelief in the committee room just kept growing and growing as we all listened to account, after ridiculous account, of the kangaroo court proceedings that a physician has to go through all the while never know who exactly is accusing them. Two parents testified that their children’s names and medical files had been used to file claims against physicians they loved and had how many gains their children made that other physicians said they would never make.

This legislative session is filled with many great bills that have to do with the diagnosis of Autism and other special care issues, but I now know that it is very possible to affect change on the system, to improve insurance coverage or vouchers, and yet when parents of children with Autism begin to look for medical providers they could very well be gone unless the Texas Medical Board is reformed. My testimony to the committee focused on the fallout and back lash that I believe is imminent if the Texas Medical Board is not reformed.
Lamarque Polvado
Executive Director
Connections
"The Special Needs Kids Directory"
lpolvado@specialneedskidsdirectory.com
Cell: 817-975-4111
Office: 1-866-617-6567
Fax: 1-866-479-7344

HB3816 on Calendar May 13! Contact Your Rep Today!

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

BINGO! HB 3816 Passes Committee

Greetings Compatriots!

Good news.

3816 Passed Committee - Now on to Calendar Committee!

Below are the details from Dr. Hotze.

Dear Colleagues,

CSHB 3816 was just passed out of the House Public Health Committee by a vote of 10-1. Reps. Zerwas and Veronica Gonzales did a super job in committee advocating on a key point of the bill that others were trying to remove.
The final language of CSHB 3816 will be posted on www.txppr.org as soon as we have it back from Legislative Counsel which will probably be on Thursday, May 1, 2009. We got about 80% of what we originally asked for in HB 3816 and that is terrific. Reps. Zerwas and Kolkhorst helped work this bill through the committee process and we owe them a debt of gratitude.
The next hurdle will be to pass it out of the House Calendars Committee. Allen Blakemore, our lobbyist, and I will be getting on this tomorrow.
Confident of our eventual success and with much appreciation for your support,
I remain, as always,

Sincerely yours,

Dr. Hotze

Texas Medical Board vs. Autism

Misdirection is always the tool of those who wish to deceive the public. Appearances only go so far, but behind the mirage is the truth standing firm but hidden from plain sight. I recently had the pleasure of attending a legislative committee meeting where there would be a discussion of HB 3816 the HEALTH FREEDOM INITIATIVE. I had never before attended a committee hearing or been involved in the legislative process, but I was compelled to go after participating in a radio show where I met general counsel for the Physician and Surgeon Association. I called in to the show to state the concern that I believed that we were in danger of losing the providers who treated my two children with Autism Spectrum Disorder after bogus complaints had been filed anonymously with the Texas Medical Board. When asked to respond to my concerns he made the statement that, “The Texas Medical Board was the most corrupt medical board in the United States of America”. I was shocked to hear this and began to research in the DFW area and found five other physicians all who served the Autism community and found that all five had a complaint filed against them in the last year and most within six months. Now I was mad. Is this the same Medical community that has continually failed my two children? Most doctors seemed to look at my wife and I like we were crazy when we would humbly ask about treatments for Autism. They would look at us with a blank stare and tell us that Autism is an incurable condition? I usually reply, well so is cancer but we treat it! The medical community has failed our kids and now the Texas Medical Board is persecuting the few providers that are willing to treat the symptoms that go with having Autism?

This information alone was enough to get me in my car and heading to Austin to hear for myself what the Legislators and Texas Medical Board had to say. When I got to the committee room I quickly discovered that I was not the only citizen that had been angry and concerned enough to show up testify in support for reforming the Texas Medical Board’s, shroud of secrecy. In fact the room was packed with supporters for the bill. I met many patients and their families most of them had the diagnosis of Autism, but all of them fit into the chronic incurable disease category; lymes, fibromyalgia, chronic fatigue, cancer, etc. I also met a fair amount of physicians who had been wrongfully accused and had spent thousands defending themselves against what usually turned out to be a complaint filed by a competitor or insurance company. They told me of many sleepless nights worrying if there license would be taken away. I heard first hand from this group exactly what I had feared, that persecuted Doctors often would leave the state or shut down all together under the weight of these investigative hearings. The Texas Medical Board stated several times under oath that they believed that they were fair and operating as provided by law and that they had fixed all issues pertaining to the outrages. The executive director of the medical board (a lawyer) spouted statics and solutions that had been put in place and mentioned several times how much they had improved on speeding up the process to receive your medical license, the wait is less than six months. Ironically only two days before I had met a Doctor who had been waiting for over a year to be reinstated. The anger, frustration, and disbelief in the committee room just kept growing and growing as we all listened to account, after ridiculous account, of the kangaroo court proceedings that a physician has to go through all the while never know who exactly is accusing them. Two parents testified that their children’s names and medical files had been used to file claims against physicians they loved and had how many gains their children made that other physicians said they would never make.

This legislative session is filled with many great bills that have to do with the diagnosis of Autism and other special care issues, but I now know that it is very possible to affect change on the system, to improve insurance coverage or vouchers, and yet when parents of children with Autism begin to look for medical providers they could very well be gone unless the Texas Medical Board is reformed. My testimony to the committee focused on the fallout and back lash that I believe is imminent if the Texas Medical Board is not reformed.

If You Would Like to Take Action:
Committee Testamony Video: Watch it for Yourself: http://www.house.state.tx.us/committees/broadcasts.php?session=81&committeeCode=410
Go To: 04/14/091:07 p.m. - 12:38 a.m.
 Visit the Texans for Patients' and Physicians' Rights website, www.txppr.com, and read H.B. 3816 and its summary.
 Contact Rep. Lois Kolkhurst of Brenham, chairwomen of the House Public Health Committee, as well as the other members of that committee, and ask them to support H.B. 3816. (512) 463-0600. House Committee on Public Health (C410e) Link & Email Addresses
o http://www.legis.state.tx.us/Committees/MembershipCmte.aspx?LegSess=81R&CmteCode=C410
o Lois.kolkhorst@house.state.tx.us. Elliott.naishtat@house.state.tx.us, Garnet.coleman@house.state.tx.us, John.davis@house.state.tx.us, Veronica.gonzales@house.state.tx.us, Chuck.hopson@house.state.tx.us, Susan.king@house.state.tx.us, Jodie.laubenberg@house.state.tx.us, Jim.mcreynolds@house.state.tx.us, Vicki.truitt@house.state.tx.us, john.zerwas@house.state.tx.us

 Contact your State Representative both by phone and e-mail and ask him to cosponsor H.B. 3816. The contact information for your state representative can be found online at http://www.house.state.tx.us/resources/faq.htm#who_rep.
 We need your help to make sure that House Bill 3816 stays on the Calendar to be read so that it will be voted on.

Testimony in Austin on HB3816

See My Latest Post and the statesman Article @ http://www.statesman.com/news/content/region/legislature/stories/04/15/0415medboard.html

My post:
I would like to thank Mary Ann Roser for covering this story and for shedding some light on what has been hidden in the depths of the dark far too long. The medical board is corrupt and must be brought into accountability. I find it fascinating that after 5.5 hrs of testimony the TMB is concerned mostly that they would be subject to review and God forbid a potential lawsuit against one of them or their precious experts if citizens and doctors could actually know who is accusing who of what, and decide to fight back against a false or fraudulent claim. There is an agenda to extinguish Doctors who practice integrative medicine or alternative medicine. Unfortunately most people only find out how few of these providers there are when they are diagnosed with a chronic, incurable condition for which there is no tiny white pill; conditions like autism, chronic fatigue, fibromyalgia, or lyme disease. I have two children on the Autism spectrum and can tell you firsthand how unhelpful the “Standard” medical care system was for them, then we found a group of doctors that had formed a group called Defeat Autism Now and had developed programs to treat the symptoms of ASD with very positive outcomes, not a cure, a treatment protocol. I have recently contacted five of these physicians only to find out that all five have some type of quack TMB claim filed against them; my personal favorite was a complaint which stated fradulent advertising for claiming to treat the symptoms of Autism. I guess that the TMB figures if it is incurable then it is untreatable….yeah that makes great sense. I feel safer already.

Subject: H.B.3816 Protect Your Patient-Doctor Rights-Call for Action

This is the information we discussed about how Texas Doctors are being persecuted by the current Texas Medical Board and how Patient Rights & access to healthcare are threatened.
We need people to contact their Representatives and ask them to support the proposed revisions to the Texas Medical Practice Act. H.B. 3816 / S.B.2336.
A form letter is attached and at the end of this email. email addresses are provided. It's a cut and paste effort.

This 2009 reform (House Bill 3816 ) of the Texas Medical Practice Act is motivated by the need for (1) more transparency and accountability and (2) reducing time spent by the Board on frivolous, malicious and/or anti-competitive complaints. In short, this reform strengthens the Board with respect to serving and protecting public health. (Bill summary & full bill links are below).

Synopsis of the H.B. 3816 / S.B. 2336

1. The Executive Director of the Texas Medical Board (TMB) must be a physician (Current Exec. Dir. Is a young attorney.)
2. Elimination of anonymous complaints. Provide the accused physician with a copy of the complaint.
3. No more anonymous complaints from pharmaceutical, insurance companies, competitors, disgruntled employees or angry
spouses.
4. Elimination of unsworn complaints.
5. Elimination of anonymous, incompetent or non practicing Texas Medical Board (TMB) expert witnesses.
6. Prohibition of conflict of interests by TMB members.
7. Establish legal due process to the physician corresponding to that practiced in criminal and civil American jurisprudence, as
well as at the State Bar of Texas.
8. No more disregard by the TMB of expert testimony that exonerates physicians subject to complaints.
9. Discipline only if there is “clear & convincing” evidence.
10. Protection of the doctor/patient relationship.
11. No more invasions of patient privacy, or discipline when patients benefited from the care and are happy with it.
12. No more career-ending punishment over minor documentary issues or fee disputes.
13. Doctors, like attorneys, deserve a right to a jury trial before license revocation.

Any assistance you can provide in getting the word out for a Call To Action to contact State Representatives will be appreciated by all. Please let me know of any others I may contact to facilitate additional support. Beverly Kotsanis and I will be at the hearing April 14th for comment.

Hello Fellow Texans,
TEXAS RESIDENTS: Call Today to Protect Your Patient-Doctor Relationship from the Insurance Companies and Their Agents on the Texas Medical Board. Tell Your Representative That You Support the Revised Texas Medical Practice Act. H.B. 3816.
HB 3816 is tentatively scheduled for a Tuesday, April 14th hearing before the House Public Health Committee.
Please call the Public Health Committee TODAY to encourage them to support this bill.
Please call your local representative and ask them to support HB 3816!”
1. Visit the Texans for Patients' and Physicians' Rights website, www.txppr.com, and read H.B. 3816 and its summary.
2. Contact Rep. Lois Kolkhurst of Brenham, chairwomen of the House Public Health Committee, as well as the other members of that committee, and ask them to support H.B. 3816. (512) 463-0600. House Committee on Public Health (C410e) Link & Email Addresses
http://www.legis.state.tx.us/Committees/MembershipCmte.aspx?LegSess=81R&CmteCode=C410
Lois.kolkhorst@house.state.tx.us. Elliott.naishtat@house.state.tx.us, Garnet.coleman@house.state.tx.us, John.davis@house.state.tx.us, Veronica.gonzales@house.state.tx.us, Chuck.hopson@house.state.tx.us, Susan.king@house.state.tx.us, Jodie.laubenberg@house.state.tx.us, Jim.mcreynolds@house.state.tx.us, Vicki.truitt@house.state.tx.us, john.zerwas@house.state.tx.us

3. Contact your State Representative both by phone and e-mail and ask him to cosponsor H.B. 3816. The contact information for your state representative can be found online at http://www.house.state.tx.us/resources/faq.htm#who_rep.

4. We need your help to make sure that House Bill 3816 stays on the Calendar to be read so that it will be voted on.
House Committee on Calendars (C050) Link & Email Addresses

http://www.legis.state.tx.us/Committees/MembershipCmte.aspx?LegSess=81R&CmteCode=C050

brian.mccall@house.state.tx.us, Eddie.luccioIII@house.state.tx.us, norma.chavez@house.state.tx.us, garnet.colemand@house.state.tx.us, byron.cook@house.state.tx.us, brandon.creighton@house.state.tx.us, charlie.geren@house.state.tx.us, jim.keffer@house.state.tx.us, lois.kolkhorst@house.state.tx.us, edmund.kuempel@house.state.tx.us, allan.ritter@house.state.tx.us, burt.solomons@house.state.tx.us, jim.mcreynolds@house.state.tx.us

Follow this link to get to your representative. You can e-mail them directly from there.
http://www.house.state.tx.us/resources/faq.htm#who_rep.

For information on how the medical board has been abusive of its power go to the following link: http://www.txppr.org/

You should visit the website of the Texans for Patients' and Physicians' Rights (TXPPR), www.txppr.com, to read the entire bill, which contains the underlined changes, and to review the more complete analysis of the changes which are being proposed.

Summary of Comprehensive Revisions to the Texas Medical Practice Act
Read the Bill
Read the Key Points below.
H.B. 3816 - Sponsored by Rep. Fred Brown / SB 2336 - Sponsored by Senator Dan Patrick
March 16, 2009
This 2009 reform of the Texas Medical Practice Act is motivated by the need for (1) more transparency and accountability and (2) reducing time spent by the Board on frivolous, malicious and/or anti-competitive complaints. In short, this reform strengthens the Board with respect to serving and protecting public health.

Section One: ensure that physicians who serve on the board have been practicing in Texas for at least five years, so that they have adequate experience (currently merely three years is allowed).

Section Two: eliminate the conflicts of interests, such how a Board member was receiving checks from Blue Cross/Blue Shield while he served as the top disciplinarian on the Board.

Section Three: provide some accountability for the TMB with a new advisory commission having oversight and subpoena powers (currently there is virtually no accountability).

Section Four: ensure that the Executive Director is a physician in good standing in this State (currently a lawyer holds this important position which is equivalent to a doctor being the executive director of the State Bar Association).

Section Five: provide transparency by disclosing who has served on the panels for Informal Settlement Conferences, and how often (currently panel assignments are easily manipulated).

Section Six: require sworn complaints, encourage amicable settlement, have sensible time limits on old complaints, and remove immunity for malicious complaints (promotes truthfulness).

Section Seven: provide the practitioner with a copy of the complaint (other States, such as Kansas, already do this; the Board could still redact the complainant’s name for good cause). This eliminates anonymous complaints.

Section Eight: give the accused 30 days to respond, require prompt resolution afterward, and require the Board to review an expert report submitted by the practitioner (basic due process).

Section Nine: use independent expert reviews, provide exculpatory expert reports to the practitioner, and disclose the identity and qualifications of the experts (more due process). This eliminates anonymous witnesses.

Section Ten: experts must be in active practice in the same or similar specialty as the accused, and their reports must be sworn (just as expert testimony in court is sworn).

Section Eleven: preserve patient privacy by allowing patients to object to an invasion of their right to privacy in their medical records (currently there is no protection of patient privacy).

Section Twelve: (i) require “clear and convincing evidence” for discipline rather than a mere preponderance of evidence (merely 51%), (ii) respect medicine practiced as taught by accredited organizations, (iii) refrain from trying to dictate how a physician must practice medicine while retaining full power to stop anything that might harm the public, (iv) refrain from increasing penalties beyond what is recommended by the Board’s own panel, and (v) not discipline doctors based on how he maintains office records unless there is a likelihood of causing patient harm.

(Reasons: (i) the trend among other States is toward the stronger “clear and convincing” standard, which gives the Board full power to prevent harm yet also protects patients and physicians against arbitrary injustice; so much is invested in a medical license, and so many patients depend on it, that the mere 51-49% preponderance of the evidence is not sufficient for revoking a medical license; (ii)&(iii) the Board does not have the authority to practice medicine and should not be punishing practitioners who abide by the teachings of accredited organizations, (iv) the Board should not be ratcheting up penalties beyond what its own panel recommends, which the Board currently does to punish practitioners in an abusive manner, and (v) the Board should not be wasting its scarce resources on picayune office-record issues unless it is preventing a likelihood of harm to patients).

Section Thirteen: provide at least 48 hours prior notice to the practitioner of the identity of the panel members presiding over an Informal Settlement Conference proceeding, and allow the practitioner to record or transcribe it (again, this is basic due process). This provides for transparency by eliminating Star Chamber proceedings cloaked in secrecy.

Section Fourteen: require random assignments to the Informal Settlement Conference panels (again, basic due process, and ends the manipulation of panel assignments to stack the deck). This prevents the TMB from manipulating assignments of its members to influence the outcome of the hearing.

Section Fifteen: require that the decision of the SOAH judge shall be binding on the Board (this ends the abusive practice of the Board simply ignoring the outcome of the costly SOAH procedures), and enable a practitioner to have access to information held about him by the Board (this enhances the fact-finding of the proceeding and enables the practitioner to defend himself fully, just as everyone in civil and criminal proceedings have a right to do).

Section Sixteen: require courts to use the “clear and convincing” standard discussed above for reviewing disciplinary decisions, and give practitioners the same right to a jury trial provided to attorneys before disbarment.

Section Seventeen: require that discipline for nontherapeutic treatment be limited to where there is a likelihood of harm to a patient (this enables the Board to focus on its proper function: preventing harm to patients).

Sections 18-23: these are standard provisions for this type of legislation, as added by Legislative Council.
Sample Letter is attached and below.

April, 9, 2009

Subject: Co-Sponsorship Request– Comprehensive Revision of the Texas Medical Practice Act (TMPA) for H.B.3816 & Companion bill of S.B. 2336.


Dear Representative __________________,

How would you like being forced to answer anonymous complaints about your business without benefit of knowing who the complainant is, the specifics of the complaint and without due jurisprudence?

I am requesting that you consider cosponsoring H.B. 3816, sponsored in the House by Rep. Fred Brown. It is the companion bill of S.B. 2336 sponsored by Sen. Dan Patrick. H.B. 3816 is a comprehensive revision of the Texas Medical Practice Act (TMPA) which is being proposed to address the actions of the Texas Medical Board (TMB) in its capricious and arbitrary dealings with thousands of physicians across Texas over the past several years.

The TMB allows anonymous complaints to be filed against physicians by anyone including competitors, insurance and drug companies, disgruntled employees & angry spouses. 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. Yes, this is occurring in the USA despite the fact that the 7th amendment requires that an accused know who his accuser is and who is testifying against him. This constitutional guarantee is the backbone of American jurisprudence in both criminal and civil law, but not at the TMB.

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 November 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. 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 also 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.

Below is a short synopsis of some of the provisions which are contained in H.B. 3816.

Synopsis of the H.B. 3816 / S.B. 2336

1. The Executive Director of the Texas Medical Board (TMB) must be a physician (Current Exec. Dir. Is a young attorney.)
2. Elimination of anonymous complaints. Provide the accused physician with a copy of the complaint.
3. No more anonymous complaints from pharmaceutical, insurance companies, competitors, disgruntled employees or angry
spouses.
4. Elimination of unsworn complaints.
5. Elimination of anonymous, incompetent or non practicing Texas Medical Board (TMB) expert witnesses.
6. Prohibition of conflict of interests by TMB members.
7. Establish legal due process to the physician corresponding to that practiced in criminal and civil American jurisprudence, as
well as at the State Bar of Texas.
8. No more disregard by the TMB of expert testimony that exonerates physicians subject to complaints.
9. Discipline only if there is “clear & convincing” evidence.
10. Protection of the doctor/patient relationship.
11. No more invasions of patient privacy, or discipline when patients benefited from the care and are happy with it.
12. No more career-ending punishment over minor documentary issues or fee disputes.
13. Doctors, like attorneys, deserve a right to a jury trial before license revocation.

You are probably well aware of Rep. Brown’s long time battle with the Texas Medical Board (TMB). Would you please assist him by cosponsoring H.B. 3816?

Tom Holloway serves as Rep. Brown’s Chief of Staff. Logan Spense is Senator Patrick’s Chief of Staff.

Thank you in advance for your consideration of this request.

Sincerely Yours,





Thank you for your assistance in contacting our State Representatives. Good luck to us all.

Give Our Kids A Voice...

So we have learned and experienced a lot since beginning work on the Connections project in March 2008. There are so many things that stand out to me like pyramids on the horizon, some inspiring and some deeply troubling. I have met some amazing parents who have inspired me to go far beyond what I ever envisioned for the Connections project. It is clear that Free information provided by the resource provider community is only the first of many steps that we must take together to make this world a better place for our kids. In the same way, I have met some of the most amazing providers whose passion for our kids and their outcomes warms the coldest of hearts and nourishes the soul beyond what I can express on a piece of paper. While the memories of these amazing moments fuel the progress that this project makes on a daily basis, it is the troubling experiences that come to me at night, in the dark, in the quiet, after the excitement of the day is gone. The video plays in my head of a young boy confined to a wheel chair who is rolled into the nurse’s office to receive his liquid nourishment at lunch. She does not even look at him, speak to him, just administers the liquid food and rolls him to the corner for the remainder of lunch, alone, staring at a white wall….Is this inclusion, I wonder with tears in my eyes. Then an audio clip of the less than optimistic comment begins to play; “It’s a classroom of Autistics, what do you expect?” Did that just come from a special education teacher’s mouth? Can she really believe that? She works with these students every day? Can her expectations, her optimism, really be that bleak? I am tormented by these instances of ignorance, disappointed by sub-standard care, and a general lack of respect for these kids. They are kids first, to be loved, encouraged, and defended, whatever challenges they face must come second, regardless of severity. This being said I believe the only counter to these issues is positive action, advocacy, and constant promotion of the best possible outcomes for these kids!

WHAT WE DO TODAY DETERMINES THE FUTURE TOMORROW!

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