FDA Sharing Patients’ Private Medical Records in Order to Harass Integrative Doctors

September 3, 2013
Print This Post Print This Post

iStock_000014461014XSmallANH-USA has learned that the FDA is working with state medical boards behind the scenes—sometimes in violation of the law.

According to our sources, professional medical boards are launching investigative actions against integrative physicians not because of patient complaints, but because of materials forwarded to them by the FDA before they are made public. These boards are treating the FDA documents as if they were formal complaints.

In other words, the US Food and Drug Administration, which is barred from interfering with the practice of medicine, is in fact deliberately but secretly ignoring the rules—something practitioners and consumers alike need to be warned about.

We suspect, but cannot yet prove, that this is widespread and is being orchestrated by a shadowy private group called the Association of State Medical Boards.

Today we will offer just a few examples:

One doctor in Louisiana was accused by the FDA of not following his IND (investigational new drug study) protocol involving stem cells. The state’s medical board—prompted by the FDA—then went after his license. In the end, the doctor kept his license by signing a consent agreement. Demanding the signing of an onerous consent decree is a favored government tactic. Because the government has unlimited legal funds, it can threaten to bankrupt the doctor if the decree is not signed, and then include provisions in the decree that are not only humiliating but difficult to follow, so that further charges can be threatened or filed.

The system sometimes works in reverse as well. The California medical board notified the FDA about a possible contamination problem with intravenous garlic that a doctor was using to treat Lyme disease. The FDA started its own investigation and obtained the patients’ private medical records. When the agency closed its investigation, it then handed the patient records over to the medical board, exposing the patients’ private information. This is illegal in California, but sadly, not in most other states, where a state board may obtain patients’ medical records without their consent.

In response, a case was filed in Sacramento on behalf of the patients whose medical records were improperly given to the board by the FDA. For strategic reasons, it was a narrow action: the suit went after the medical board and its agents, not the FDA. California’s constitution includes the right to privacy, which the courts have interpreted to mean that absent explicit consent from the patient, the medical board has to prove good cause for a request for private records.

There are other areas in which the FDA is aggressively interfering in the practice of medicine. As we reported last year, the agency asserts that one’s own stem cells, when used in a medical procedure, are drugs—and therefore to be regulated as drugs. For example, a Colorado company offered a treatment in which stem cells were isolated from the patients’ bone marrow, processed, and the resulting cells injected back into the same patient to treat joint pain. The FDA said the company was “manufacturing, holding for sale, and distribution of [sic] an unapproved biological drug product,” and issued an injunction to stop the treatment. The company sued, but the court sided with the FDA, stating that the biological characteristics of stem cells are changed enough in the procedure that they warrant regulation by the FDA. The company plans to appeal the ruling.

In another attempt to regulate the human body, FDA tried to claim human excrement as a drug. No, we’re not kidding. There’s a medical procedure to treat gut infections by implanting the intestine with healthy bacteria from healthy family member-donors’ fecal matter. FDA said the stools were unregulated drugs, and would require investigational new drug applications and would have to be taken through the extraordinarily expensive approval process before doctors could continue to perform the procedure. In June, as a direct result of embarrassing publicity, the FDA said they won’t enforce the new requirement after all.

53 Responses to “FDA Sharing Patients’ Private Medical Records in Order to Harass Integrative Doctors”

  1. Kelli says:

    The FDA has a long history of harassing alternative health practitioners by any and all means. It started with going after pioneering nutritionists in the 20th century and now can be found amongst innovative therapies even today.

       2 likes

  2. Joanne T Becker says:

    One thing that wasn’t mentioned is that there are states that seriously hamper patients from having access to their own medical records. I live in Florida and we are up to our noses in HPPA,
    signing everything conceivable to protect our privacy. However, someone brought up the fact that Florida was not a ‘right to know’ state, at an Affordable Care Act meeting last evening. Apparently, the people can request that their state be a ‘right to know’ state so they can go online and read their medical records or get copies. Without that designation, we can’t, and the insurance companies and others may be able to see everything. Fortunately, they can’t refuse to cover you under the ACA, or rate you up excessively because of a medical or psychological condition.
    The FDA isn’t the only agency that is swarming with criminals, many state medical boards are dedicated to preventing people from taking charge of their own health, and deliberately hounding integrative physicians who are getting good results with other than the use of drugs. Also, the newspapers that are owned by unscrupulous people, suppress letters from the public trying to
    advise readers of phony medical studies and misinformation that scares patients into making bad decisions. I agree that we must work to get rid of the FDA either by petition or a march on Washington. Keep the faith!

       6 likes

  3. mike says:

    It’s time to get the Attorney General offices involved, at State & Federal levels, to hold the out of control agencies like FDA accountable when they break the law, and when they overreach with administrative babblelaws to extend themselves beyond their mandated limits.

       2 likes

  4. Anon says:

    The FDA is an instrument of CONTROL.

    Their job is to claim LEGAL CONTROL over our bodies and our choices with respect to our bodies.

    They want to control our minds and our bodies and make us dependent on them.

    They represent the monopoly that is BIG PHARMA – a collection of soulless corporations whose mission is to enslave the majority of the people.

       21 likes

    • Texan says:

      FDA is controlled by Congress. So what you are saying is that politicians control citizens. The radicals certainly control the minds of their voters. Increased education needs to be promoted by parents.

         0 likes

  5. Jim S. Smith says:

    This is the same FDA that went after and successfully sent to prison four clergy members of a church, for the use of “Holy Water” in healing.

    This is the same FDA that wants to regulate the use of all natural, aromatic oils which are used in aromatherapy, natural soap products (homemade for sale), and various skin lotions.

    This is the same FDA that wants to regulate, together with the USDA, all home-gardening and food-production whose products originate from home vegetable gardens.

    This is the very same FDA that refuses to regulate or even classify the various food-additives that have been PROVEN to be part of the growing health problems in America.

    This is the very same FDA, that while allowing the adulteration of our milk supply with many dangerous, untested, and unevaluated chemicals, but wants to completely outlaw raw, unadulterated, healthy milk – EVEN for personal consumption.

    This list can go on forever, but you get my drift!

    I practice my own brand of spirituality, which includes “alternative” healing modalities, this being energy work, prayer, and “suggesting” better things in the diet than the garbage that is peddled in the super-markets. Someday, this may get me put into prison, should the FDA and the “gang” have their way!

    - Rev. Jim (aka: “Dragon’s Eye”)

       5 likes

    • brad roon says:

      (smile) I’ll be with you. i’ve woken from dreams in which i killed a person who was spraying my garden and orchard with Roundup. You know that won’t fly.
      The irony is that i loved the infantry, was excellent at it, and left because i am a legitimate conscientious objector after 2yrs, 1mo, 20 days, and 17 – hours. i came to the conclusion that i could NOT spend my life learning to kill other people for the economic benefit of the psychotic wealthy class of parasites, and had to leave.
      NOW i find that i can easily justify the deaths of the wealthiest 5% who make ALL corporate decisions – having majority shareholder control of voting in board/shareholder meetings, and they are the executives, CEOs, CFOs, etc. Thus they make the decisions to poison. To pollute. To irradiate the planet. To kill the oxygen supply. To cause hunger. War. Poverty.
      What a world, and what infantile, insane people that believe ( they actually do!) that they are somehow “elites” when by their very own definition it is obvious that they are idiots, lacking wisdom, and morons of morality.
      The end result of their “civilization” is the accelerated decline of every system on the planet supportive of life. Now can that really be intelligent?

         0 likes

  6. Lauren says:

    I hope anyone that voted for that clown Obama pats themselves on the back. This is/was all part of the plan. If anyone with half a brain didn’t see this one coming, then they’re pretty dense.

    America needs to wake up and DEMAND accountability and leadership from our so called leaders. Far too many people are in Congress, just looking out for themselves and their political careers and don’t give a hoot about “we the people.”

    As a former loyal Democrat voter up until 2000, I will never again vote Democrat, I don’t care how good the candidate is. I used to buy into the “I vote the candidate, not the party” nonsense. Not anymore. When the Dem’s want something, they will push and twist the arms of those so called “moderate Dem’” or “bluedogs” — ha! And, the Republicans, they aren’t much better, but I will always vote for a CONSERVATIVE, but no longer for a RINO, Republican in Name Only! That is why our country is falling apart.

    Please research a candidate’s record as past behavior is almost always a predictor of future behavior. Couldn’t voters figure this out with Obama’s record as IL state senator and his very brief tenure as US Senator?!?

    Apathy and stupidity will be the death of this country. That is exactly what “they” want — vulnerable and dumbed down voters so they call the shots. Republicans had better wake up and get a little backbone or the Dem’s will be running this country into the ground for decades if hey ram through an amnesty for illegals. No common sense left in this country whatsoever. “They” want us all to be DEPENDENT ON GOV’T SO WE HAVE NO CHOICES!!! Stand up now and fight for the future of your country, or don’t complain. It’s nice to vent on websites, but are you picking up the phone (regularly!) to call your US rep and senators, and state reps and senators to voice your opinions on issues that affect the future of this once great nation?!? If you don’t, you had better start. I call mine regularly to where the aides know me. If more people would do this we could get things done. Please get involved in the political process. They count on our apathy!

       1 likes

  7. Janet says:

    For decades, the FDA has shown repeatedly that it is one of the MOST CORRUPT agencies in the federal administration, which is actually saying a lot, uinfortunately. Why else are drug companies allowed to use citizens as guinea pigs to test their “newest, save the world” pharmaceuticals? The outcome of these Failed tests are measured in the deaths and chronic illnesses bestowed upon the public due to ’side effects’ which of course are fodder for the attorneys who get rich filing class action suits while the drug companies continue to reward doctors to continue pushing these devastating drugs with absolutely NO repercussions from FDA? They don’t pull them or warn consumers (unless you are superhuman and can read this fine print on tv commercials in 5 seconds or less. People – well, most people – continue to trust their doctors without question. I have literally been kicked out of the offices of Western doctors when I say that I want/intend to continue taking vitamins and supplements. I filed complaints with his clinic and the state with no action taken WHATSOEVER. Doctors do NOT want people to take responsibliity for becoming informed on what it takes to maintain good health. FDA and Doctors want people dumb and gullible – as long as insurance can be billed, the costs of which are going up as they stockpile the slush funds required to pay off these lawsuits. Exposing the corrupt actions of the FDA would do more to bring down the costs of healthcare than any political footballs our equally corrupt “elected officials” (put in office by “people” NOT) with their own unlimited resources with no agenda other than personal profit.

       46 likes

    • Kay Martin says:

      It sure feels like there is more evil people in the world than good. My view is 99.9 % of people in the world are VULTURES.

         0 likes

  8. Gordon W Ellis says:

    The FDA was not created for the purpose of enforcing an Allopathic “medical” monopoly!!! Big Pharma and Big Government suck big time.

       21 likes

  9. Patricia Stuut says:

    As I have said repeatedly in the past to everyone in my network, THE FDA MUST BE IMMEDIATELY DISBANDED. The FDA a people-hating Big Pharma Cartel marketing outreach, nothing more.

       24 likes

  10. Karl Obermeyer says:

    The FDA is the ultimate mass murderer of all times. Every employee who ever worked there in this filthy agency of Treason should be convicted with a death sentence.

       13 likes

  11. Robert Cruder says:

    I regularly retrain on HIPAA rules and can state that criminal investigations are specifically permitted.

    I also assist the fraud and abuse investigators of TRICARE. They only recommend pursuit of cases with significant monetary value. Such cases rarely involve one or even a few patients. Hundreds are more common. Since our cases are commonly merged with Medicare and Medicaid, the thousands of patient visits are usually summarized in statistical form without reference to specific patients. That is also specifically permitted under HIPAA.

    Cases often start with an insider who expects a share of the recovery (qui tam). That insider may initially contact a payer or might contact the FDA. If the allegation includes billing for unapproved treatments then the FDA, medical boards and subject matter experts may be asked for opinions with no requirement for public disclosure. Indeed every effort is made to preserve the privacy of a defendant who is presumed innocent.

    Most defendants agree to a plea deal when presented with the numbers. If a physician or clinic chooses to fight then defense can demand to see the specific cases. If the judge agrees then PMI and PII must be disclosed with the understanding that breaches of privacy carry both civil and criminal penalties.

       2 likes

  12. garry says:

    And where is Obama’s administration with respect to this issue of industry lackeys becoming heads and/or executives of our regulatory agencies? We need to criminalize some of the actions of our regulatory agencies as well as pass an economic treason law!

       12 likes

  13. Barbara says:

    If anyone isn’t disturbied by this government overreach they should be. Patients should have the right to make health care decisions with their own doctors. This is all about power and profits. Unfortunately, few truly understand what is going on. It’s shocking that more physicians are not speaking out against this interference into their practice of medicine. Today stem cells, tomorrow surgeries? Will the FDA regulate what type of procedures doctors can perform? This overreach is not healthy. The FDA has become too powerful. It is costing lives as patients are denied the use of experimental therapies, such as stem cell treatment. Those with the know how and the funds can go offshore. Those without are left with few options once they have exhausted all conventional types of treatment. It’s appalling what’s going on.

       18 likes

  14. lea mac leod says:

    this a violation of privacy. and you must be in a panic over what will be found out that you have to stop to this nonsense.

       1 likes

  15. Razzle says:

    Isn’t the use of the patients’ medical records like this a violation of HIPPAA???

    And didn’t it just get decided by the courts that “natural” stuff can’t be patented, including a person’s genetic material?

       9 likes

  16. N Willetts says:

    How inconceivable that we live in a country where the FDA (who is suppose to protect us) will back a company like Monsanto to force GMOs and unhealthy chemicals on us but will take deliberate, perhaps illegal action, against those who are actually trying to make people healthy and save lives. Where are we headed?!

       21 likes

    • thomas vallorani says:

      there is a revolving door between the heads of the FDA and big pharma, agri-business etc. these people are promised and get cushy, high paying positions as soon as their tenure at the FDA is up. Sweet and completely legal. Worse yet there isn’t even a mention about changing this egregious problem. As a chiropractor i fight against this oppression every day of my life.

         1 likes

      • Mary says:

        FDA is, and as far as I can tell, has always been owned by the Pharmaceutical Industry the personnel revolving door is one clear indication; their suppression of any form of care or treatment not involving patented medicines and profits, another.

           0 likes

  17. pat says:

    The fda is going down a rocky road with government official backing. I think it is time for a new government without the current fda!

       16 likes

  18. E Saunders says:

    FDA bought and paid for by big Pharm.
    They need to stay out of our lives. None of their business what we do about our health — like they care about our health. They only care about the drug companies and their profits.

       12 likes

  19. Richard Riemer says:

    I am appalled that the FDA considered itself above the Law. We are supposed to be a Christians Country, be honest and deal with each other with integrity. I see that the FDA pushes its own agenda and is far from those values. I guess they hide behind the do-nothing Democratic Senate who won’t indict them. It’s too bad for honest people when the crooks have control. Richard

       6 likes

  20. alison cline says:

    This is all so bizarre, I don’t know what to say. I am very concerned though about the consent forms we all sign when seeing a doctor or entering a hospital. They are ambiguous at the very least-best, whatever. How can we protect ourselves. Is that even a true consideration. Is there ANYTHING we can do to protect ourselves and our human right to treatments we decide are best for us as individuals?

       10 likes

  21. Judy Holmes says:

    Isn’t there anything that can be done to stop the FDA from rampant misuse of over-reaching authority?

       5 likes

    • TIm Wallace says:

      Short of Assassination of the whole of the FDA I doubt that anything can be done to stop its corruption.

         0 likes

  22. Harold Moody says:

    I would like to know why my tax dollars are being spent on this type of harassment by the FDA that is apparently not part of the Agency’s mandate when the area of food safety is so grossly under enforced. I recently read that only 2% of food imports are inspected…let’s put more money and effort in this area.

       7 likes

  23. Nellie McConnell says:

    My records with others were stolen from hospital, I have had problems with my credit cards, I have to change my numbers as people use the card. Many have tried to open accounts but Credit Burea has been on top of that so far.
    None of the medical records should have been filed so the government has access to the records. These are private.
    Obamacare kicked in 2009 as soon as Obama was president and started this very poor and expensive insurance.
    I have lost two doctors because they were not paid for months. one doctor, surgery on my knee 01.31.10 he finally got paid 10.30.11. How can doctors stay in business?
    My doctor who treated my in 10.12 just got paid. The HMO’s are worthless!

       5 likes

  24. The FDA is a threat to National Security. Fewer people wanting more power. Fascism.

       9 likes

  25. Angela Brown says:

    In my career as a social worker and in my life in general, I have seen too many grossly inaccurate medical records to trust any system of the government accessing or centralizing them.
    Further I believe in my right to determine what health care provider is best for me and what methods are to be used.

       9 likes

  26. Many thanks to ANH-US for helping to expose this flagrant violation of the law by the FDA. The FDA has proven itself, once again, to be a rogue organization that is no more than a shill for the drug companies that its employees either have worked for or will in the future. This will end only when we collectively, the North American Health Freedom Movement, amass enough financial resources to bring these criminals to justice and put them in jail. Only when they are held personally accountable will this insanity stop.

       9 likes

  27. Wade Riddick says:

    I’m a patient in Louisiana organizing a group of other patients to fight the proposed Senate Bill 959 which would have placed far greater restrictions on stem cell treatments than the ones you mention. I was wondering if you could point me to the physician in Louisiana who was affected so I could talk to him. I was also wondering if your group had a position on S.959 and was aware of what was going on? It really cripples compounding pharmacies.

    Could you talk to me directly or have someone in your organization call me. My number is 225/978-0029.

    Thank you,

    Wade Riddick

       5 likes

  28. suss says:

    that’s it I am so disgusted w/ them I can’t see straight, they are the lowest life form on earth- period.

       4 likes

  29. Sally Jackson says:

    THE FDA NEEDS TO BE CLOSED!!! It is broken!!! Too much power in the hands of idiots leads to dire consequences. These incidences that you have provided should be loudly publicized in every state and local printable form of public information. Yes the FDA is an embarrassment and everyone should know what they are doing. I must repeat — THE FDA NEEDS TO BE CLOSED !!!!

       9 likes

  30. Donald Beasley says:

    It’s always something with the FDA! They’ve become a joke!

       4 likes

  31. Mother Earth says:

    So…in other words, the FDA, which is owned by the pharmaceutical companies, is forcing doctors to use their “protocol” for experimental drugs and force doctors to sign a consent agreement…to what…sell THEIR drugs over other conventional remedies. I was wondering how the pharmaceutical companies were going to find new “guinea pigs” to “test” their drugs on! They make the doctors do it! Moral of the story: Don’t go to the doctor unless you REALLY need to. Otherwise they can force you to take drugs to “remedy” your problem, whether you know it is “experimental” or not. Many modern pharmaceuticals are a failure…antidepressants are the poster child to prove this. They are designed to “shut down the serotonin production in the brain, which scientists believe is the cause of depression. What that does to your body is tell your serotonin producing brain to produce MORE. This really causes even more imbalance of serotonin levels that cause people to act out and become very aggressive. The exact opposite of what was supposed to happen.

       5 likes

  32. Ron McComb says:

    Most, if not all, integrative practitioners in Washington state have been or are currently being lnvestigated for FDA approved treatments wherein no harm was done.

       5 likes

  33. Nicola Crawford says:

    This is just absolutely appalling and needs to be addressed – the FDA is supposed to protect the American People, not put them on the chopping block. Another example of how this Country has lost its way – a government of the people, for the people, and by the people, not of the corporations, for the corporations, and by the corporations. So sad. I hope I die before I see the collapse of this great country.

       7 likes

  34. Hello @ ANH-USA,

    Until the practitioners in this field collaborate in their efforts to bring about change, the challenges will continue. A lobbyist needs to be hired to represent this new field. Without one there is no voice, just a lot of singular voices with many opinions. The physicians need to step up to the plate and take a stand, as a group, to make the changes occur. As we all are aware, “he who has the most money (lobbying power) makes the rules”…where do your passions lie?…in making money or making change? Once the changes occur, the money, or lack there of, will follow, depending on who makes the rules.

       6 likes

  35. dave minsch says:

    keep medical records private and be a legal conscious institute…anything less is criminal

       2 likes

  36. francis lingel says:

    I think its about time that a representative of the people should take action to abolish the FDA

       8 likes

  37. Dr o says:

    stop the horrific manipulations. Such illegal activities are punishable!

       4 likes

  38. Neva Wise says:

    The FDA lost my trust a looooong time ago, and they just keep on proving me right. Sadly, the phrase “FDA approved” means absolutely nothing. This latest information shows just how low they are willing to sink. I don’t know if it’s money behind it or the love of power….either way, I certainly do not feel nor do I see any proof that they have the best interests of my family or me at heart. When they approved GMO”’s without sufficient testing, that was the final straw for me. I realize that this is not necessarily a “constructive” criticism, but maybe, just maybe, some of the people that work for the FDA will read this and realize just how far off the track they have gone and will try to steer the direction back to what it should be….to keep harmful foods and drugs away from the consumer and allow good and healthy foods and drugs to be readily available to the consumer. Beyond that, they need to check themselves, and stop abusing their power.

       10 likes

  39. Jim Holliday says:

    We need the FDA to protect us, not the AMA, Big Pharma and chemical companies. Things like vitamins and acupuncture are important to our health.

       7 likes

  40. rebecca says:

    instead of using a relatives fecal matter to gain good bacteria, for a family member, why not just use probiotics?!! where do they come up w/ this stuff!??? people stop going to drs period, unless the r health practitioners.

       3 likes

  41. Nora says:

    I believe the FDA is uniquely qualified to meddle in excrement, and they are in fact an authority on it.

       7 likes

    • DP says:

      Right on, Nora! you hit the nail on the head there! The FDA has become so corrupt that they can no longer be trusted to keep us safe….quite the opposite! They just continue to approve harmful drugs that do nothing but line the pockets of Big Pharma and all their executives….at the expense of the health and lives of the people!

         0 likes

  42. E. Young says:

    Please stop allowing the harassment of integrative or homepathic medical personnel. I have worked in traditional medicine for 29 yrs and I have a strong opinion on having the freedom to think outside the box concerning medicine. This helps all of us and allows the innovation to actually find new answers to our health needs. Thank you for your time. E. Young

       8 likes

  43. Ray Ortiz says:

    This must stop immediately!

       3 likes

  44. Cindy Lu says:

    This scandalous behavior is an extension of the IRS targeting groups who represent life, liberty and freedom. Observation proves this administration is on a mission to silence anyone who does NOT follow their political protocol in the areas of education, healthcare and religion. Sadly, those who support this type of governing are now becoming victims of it. Those of us who believe in our Founding Fathers need to work together to restore America to greatness.

       6 likes

  45. Pat McQuown says:

    I think someone needs to “shout”. The FDA has not been fair to the American people in a long time. The government has too much access to private information.

       5 likes

  46. David Fanelli says:

    This is not shocking, considering the other government agencies of late, which have seriously intruded on the privacy of Americans… the FDA needs to be taken to task (as well as the IRS) by Congress…serious changes need to be made in these particular agencies from the TOP, all the way through to the BOTTOM!

    Keep up your good articles and investigations of these rogue organizations.

       5 likes

Leave a Reply

Comment Policy:
ANH-USA provides a comment forum for our readers to share their constructive thoughts and criticisms about our newsletter articles and engage in civil debate with other readers. All comments are pre-moderated regardless of author. We never censor comments based on political or ideological point of view. We only remove those comments that are abusive, off-topic, use foul language, include personal attacks, or are otherwise discourteous and uncivil. Please do not post comments in ALL CAPS; on the internet this is considered "shouting."

 characters available

Follow us on...