CH Historical Summary of Events, as of 2023
To protect the privacy of patients and victims of the Board, initials are used throughout this site.
This summary of events refers to actions taken by members and personnel of the Arizona Naturopathic Physicians Medical Board (herein, "the Board").
I am neither the first, nor the most recent, victim of this Board; multiple current and former licensees have seen our licenses attacked by our direct competitors on this Board, without basis in statutory or case law.
In May 2023, the Board put an illegal and unethical condition on my medical license: they demanded 120 chart notes of 120 future patients, people I have not yet met, in exchange for keeping me licensed.
I told the Board, in effect: No Deal. Here's are the violations of law and ethics contained in that deal, and why I rejected the Board's deal to keep my license:
- violation of the 4th Amendment of the US Constitution;
- violation of HIPAA law, both civil and criminal penalties for improper disclosure of private medical information;
- violation of doctor-patient privilege / medical ethics dating all the way back to the time of Hippocrates 2,400 years ago, and violation of Torah Law / Halakhah, regarding improper disclosure of confidential doctor-patient information;
- violation of my patients' 2021 Petition to the Board, telling the Board to stop violating their medical records for their illegal and immoral purposes;
- violation of my clinic's contract with our patients, in protection of their privacy;
- violation of my conscience, which is prohibited by the US Supreme Court cases WV State Board of Education v Barnette (1943) and US v Seeger (1965).
The Board has stalked and harassed me (violations of ARS 13-2921 and 13-2923) with four frivolous investigations, including the current case, since 2018, shortly after I wrote a book that criticized their violations of medical ethics, without naming individuals by name.
In all of that time, in all of those five years, the Board has not been able to identify even one statute or one rule, on either the state or federal level, that would have been violated by me. The Board, nevertheless, has persisted in false accusations against me (such as bad handwriting, lack of SOAP format in chart notes, lack of disclosure of IV ingredients), while knowing the entire time that each of their accusations were already proven to be false. The Board knows and holds proof that these accusations are false, since October 2020, for which we retain e-mail receipts.
The Board also claims that the law requires disclosure of amounts of ingredients in a proprietary blend, which it clearly does not, on either the state or federal level. Neither statute nor rule regarding informed consent requires disclosure of amounts in a proprietary blend, and FDA guidelines state that only the total amount need be disclosed, which I have always done. The Board also pretends that intellectual property is not recognized or protected by law, and the Board is clearly lying about this also, as it denies ARS 44-401 et seq, which protects intellectual property. Therefore, the Board is also in violation of false swearing and perjury (violations of ARS 13-2702, ARS 13-2703, 18 USC 1001 and 18 USC 1038.)
Again, the documents held by the Board for the last three years disprove the accusations against me that the Board still alleges and which the Board used as a pretext for robbing me of my medical license.
ARS 41-1030 (B) requires that the Board identify a specific condition or requirement authorized by statute or rule that I would have failed or violated, in order for the Board to make a decision on my license. The Board has not been able to find any specific violation by me in all those years of looking. Therefore, their revocation of my license is an unlawful act.
Within minutes prior to the Board’s October 2022 decision to revoke, I clearly and audibly warned the Board that they were at imminent risk of violating ARS 41-1030 (B), as can be heard on the Board’s audiotape. The Board members heard this, disregarded it, and then voted for revocation. This fact places those Board members also in violation of ARS 41-1030 (F), in which state employees may not knowingly violate ARS 41-1030.
As many have observed over decades, the same Board has stalked and harassed and attacked the licenses of each of their large competitors, (violations of ARS 44-1402, ARS 44-1403 and 15 USC 1 et seq). The Board has done this, because their antitrust violations and gang-like behavior has been coddled by negligent or corrupt prosecutors, under state politicians, of both Republican and Democrat persuasion. Gang-like behavior has been so co-dependently coddled and enabled here in Arizona that now other branches of government have recently had to take drastic action, even disbanding some boards altogether. The legislature, we have been told, and on knowledge and belief, is now examining corrupt and unlawful practices in multiple boards. This was the job and the failed work of the Attorney General’s Office, which oversees each Board meeting, and was supposed to have reined in lawbreaking, and certainly the serial pattern of egregious antitrust violations, evidence spoliation (violation of ARS 13-2407 and ARS 13-2809) and other lawlessness and plunder, by these Board members. Instead, prosecutors coddle Board lawbreaking and then sends any licensee who protests the lawbreaking to the dungeons of the Office of Administrative Hearings, in which it is common knowledge that every healthcare provider is denied due process of law and subjected to kangaroo court foregone conclusions, and then comes away with recommendation to revoke the license, regardless of the circumstances.
The utter disregard for justice, the blame-the-victim tactics, the disrespect for the laws and the state and federal Constitutions have disgraced Arizona's legacy.
By September 2021, the Board had violated so many state and federal statutes in their ongoing efforts to injure me, I filed a criminal complaint against them with the Attorney General’s Office, Complaint #2021-4759. That Office has still taken no action on this, though they acknowledged the complaint and enumerated it, as well as acknowledging subsequent updates that I filed, as the Board committed additional felonies. Then, on voting to revoke in October 2022, Board member Brian Popiel admitted that he based his vote to revoke on the fact that I had filed a criminal complaint against the Board [EXHIBIT A on Exhibits page herein]. That confession places him in violation of 18 USC 1513 (e), which carries a prison term of up to ten years. The Arizona Attorney General’s Office is aware of his unlawful retaliation, yet Dr. Popiel is still at large and even practicing medicine at this writing.
But now, because the Board has repeatedly violated the law, I am not allowed to practice medicine.
The resulting damage done to my patients, my clinic and my livelihood is enormous. I am the only Spanish speaking healthcare provider at my clinic. That community is now under-served, and there is no Spanish-speaking naturopathic oncologist familiar to us that can help them at this time. When it comes to care of cancer patients, this loss is not at all frivolous.
There are people who need my help now, which they may not have, due to this unlawful revocation, who will most likely die due to the Board’s action.
I am also a victim of the Board’s lawbreaking. My unblemished work of 16 years has earned the trust of thousands of people, both patients and their families. Not even one patient or anyone else has ever complained that I harmed anyone. That hard-earned and clean reputation, and my personal income, are now suddenly smacked down by the Board’s lawbreaking.
Prior to Board members’ theft of my license, and through the present day, I have not been afforded due process of law, and have not been able to question my accuser. Therefore, the revocation is a contravention of the most relevant case in this area: “A physician has a property interest in a license to practice medicine, and the State may not deprive a physician of that interest without due process of law.” Webb v. State ex rel. Ariz. Bd. Of Med. Exam’rs, 202 Ariz. 555, 48 P.3d 505 (Az. Ct. App. 2002).
The Sherman Act is an inviolable act of Congress, and judges are required to uphold it. This Board has brazenly violated the Sherman Antitrust Act, as well as Arizona laws prohibiting antitrust behavior, ARS 44-1401, et seq.
The stench of corruption wafts most foul from Arizona, as this Board persists in their brazen antitrust violations and theft of their competitors’ licenses, simply because they see, and we all see, that they have always gotten away with such behavior. Due to lawlessness in Arizona, it again falls to the judiciary and the legislature to clean up the messes left by the executive branch of government. Let’s please act to end the corrupt and lawless gang-like behavior of these state actors.