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Texas Medical Board as Out of Control as Ever

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Concept of US national healthcare system - state of Texas Cancer pioneer Stanislaw Burzynski has just won the first round of a new and particularly underhanded attack from the TMB.

We have been telling you about Dr. Burzynski’s lifesaving antineoplaston treatment, and the persecution he has received at the hand of the Texas Medical Board. This time the TMB filed a 200-page complaint against him, which focused on alleged “FDA violations”—i.e., FDA warning letters about some minor recordkeeping deficiencies in his recently approved phase 2 clinical trials and some promotional claims for the antineoplastons. The TMB claimed that these technical violations of the federal statute were de facto violations of the state medical practice law.

Dr. Burzynski’s lawyer, Rick Jaffe, moved to dismiss all the charges on the grounds that a state medical board doesn’t have the jurisdiction to try federal issues. The judge agreed: under board statutes, only a violation of federal criminal law could justify action from the state board, and the alleged recordkeeping and promotional errors in question are not violations of criminal law. The TMB will now have to amend its complaint in order to continue the case.

Jaffe noted that citing federal violations as grounds for a state licensing action was completely unprecedented. He expects it will have a chilling effect on doctors who wish to pursue clinical trials, especially given that minor paperwork errors are not uncommon.

The TMB has been attacking Dr. Burzynski since the 1980s, and has filed two previous cases against him—one of them unsuccessful. In the other, Dr. Burzynski was ultimately found guilty of providing an unapproved new drug in violation of state and FDA law. It’s a rather serpentine history, but an associate law judge ruled in favor of Dr. Burzynski; the TMB reversed the decision; a federal district court threw out the case, but then an appellate court reversed and reinstated the TMB order.

Dr. B., however, is not the TMB’s only target. The TMB’s constant attacks on numerous Texas integrative physicians prompted the American Association of Physician and Surgeons (AAPS) to sue the TMB in 2007, charging them with “pervasive and continuing violations of…constitutional rights.”

There were eleven hours of hearings before the Texas House of Representatives. The suit spurred the resignation of TMB president Roberta Kalafut, whose tenure, according to the AAPS, “was marked by unjust disciplinary actions, particularly against her competitors, and stonewalling by the TMB and Governor Rick Perry.”

We reported on the connection between Gov. Perry and the TMB several years ago. He personally made each and every appointment to the current board, even reappointing six of them after the scandal broke. In fact, he reappointed Roberta Kalafut to the board even after she had been specifically charged in the AAPS lawsuit as “arrang[ing]for her husband to file anonymous complaints against other physicians, including her competitors in Abilene, [and]worked inside the TMB with other defendants to discipline doctors based on anonymous complaints filed by her physician husband.”

Unfortunately the AAPS’s suit against the TMB was recently dismissed, but it did help focus a spotlight on the corruption surrounding the TMB.

You may also recall that in 2010, the TMB’s attacks on Dr. Bill J. Rea, a leading researcher and clinician in the field of environmental medicine and chemical sensitivity, came to an end after his lawyer was able to prove that the TMB’s claims were unsubstantiated. The TMB had challenged Dr. Rea’s testing, diagnosis, and treatment—everything he does. They even claimed that Dr. Rea was injecting his patients with diesel fuel and harmful chemicals, a charge that was of course proved to be patently false. Instead of revoking his license, the TMB lamely told Dr. Rea to present a revised informed consent form to patients saying that his therapy is not “FDA approved.”

Spurred by the demonstrably biased behavior of the TMB, recent legislation in Texas gives doctors some welcome new protections in an effort to reduce the TMB’s abuse of power. We will keep you posted as we see these new protections in action.

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  • dr m hakim

    pathetic american greed and capitalism at its lowest ugliest face here and elsewhere in american medicine, pharma and food

  • David Shelton

    Texas Medical Board, get with the program. This man has been saving lives for years. Wake up.

  • abinico warez

    I used to work for oncologists – designed and ran their research databases. They know a lot about cancer – from cause, cure, and even prevention. Problem for them is there is no money to be made in promoting the truth. So I will go on to say that Burzinsky’s plastron treatment is pure bunk and will kill you if you follow that protocol. Burzinsky’s treatment protocol is as useless and deadly as chemo or radiation. Treatment of cancer is pretty simple – stop doing what got you into trouble (like smoking, excessive drinking, poor diet, lack of sunshine, etc) and start eating organic, take supplements (ursolic acid is a known potent anti-cancer nutrient), get full body sun, and de-stress.

  • THE behavior of the TMB is despicable and not atypical of the many government agencies in this
    country that are out of control! I am surprised at Gov. Perry’s complicity in all of this.

  • Grover Syck

    The whole of the board should resign.
    Also, all actions that were based on “anonymous complaints ” should be overturned, and pending actions based on “anonymous complaints ” should be dismissed.
    The anonymous complaints are contrary to the basis of American law, and may be unconstitutional.

  • Bernard H. Watta

    I am aware that the TMB has used its power to discredit some doctors and other researchers and am appalled by the fact that any individual who has either sworn the Hippocratic oath or prefers the Staff of Aesculapius rather than a witches symbol could be so influenced by big money pharma.

    There have been many discoveries which these people can not control and it really hurts the purse strings.

    I, and I am certain many applaud Dr. Burzynski, his associates and other researchers who believe:” INTO WHATEVER HOUSE I ENTER, I ENTER FOR THE BENEFIT OF THE SICK” The TMB and its sponsors, no matter whom, are the ones who should be brought before the courts and punished for their crimes.

    GOD BLESS people like Dr. Burzynski and I pray that their beliefs in the HEALING ARTS will never be infringed upon by narrow mindedness. Where would we be if Dr. Fleming had not continued his work or Pasture or Madam Currie?

  • Pam

    The TMB is ridiculous. I have been keeping up with Dr, Burzynski’s story before he left Canada.
    This country doesn’t want a cure for cancer. Too many people will lose money starting with the drug companies. Look at all the industries who make money off of cancer. Clothing and mastectomy supplies and colostomy supplies. It never ends. With all the money the nation has pumped into cancer research over the years one would think we would have a cure by now.

    It would be the downfall of medicine. Why discover new ways to spend money on like hunger and homelessness? And natural therapies? No way. If the FDA and medical boards don’t have control over it , they don’t want it.

    I have been in medicine for the last 30 years and (Physician’s Technician, Med. Assistant, Nutritionist, Chelation Technician, Hypnotherapist and Thermography Tech. ) and I left traditional medicine because all I saw was drugs and surgery. Like the Md’s and DO’s had all the answers with the drugs. And if the drugs don’t work, well there is always surgery.

    Ask a doctor what he knows about amino acids. Ask him to name the essential amino acids. 1 out of 100 may be able to tell you what they are. Dr.s don’t realize that when our biochemistry goes haywire our health follows. THey need to learn how to read lab results to prevent disease. Unfortunately they use it to confirm a disease diagnosis.

    What the doctors need to learn is how to make people well with natural things like diet and exercise and vitamins, minerals and amino acids and a host of other things at our disposal.

    I believe what Dr. Burzynski is doing is scientific and is getting positive results. I think the TMB should leave him alone.

  • Linda

    Dr. B is a quack! Takes only cash, no insurance, when his pts get in trouble he washes his hands of them and sends them to the hospital.

    • Bruce

      Can you back up your allegations? I have more confidence in Burzynski than the TMB. If he were a quack I don’t think phase 2 would have been approved by the FDA.

  • J MICHAEL COZAD

    People look at moral issues differently. My view is that each person who is responsible for interfering with a life saving procedure should be tried for murder. That is not extremism, it is the fact of thinking through what is going on. If it was just as good as conventional treatment then the charges should be aggravated assault because there are no painful side effects of Stanislaw Burzynski’s treatment that I’ve heard of so far. We have quit giving to any cancer research project since they have done nothing with the billions received over the years. They are all money pits. So it’s all about the money that can be made off of peoples misery. You find that everywhere in the USA. Medicine, the legal system, and government. If people cared then St. Jude would have joined in a trial, and so would have Mayo Clinic. I read that a duplicate of Stanislaw Burzynski’s treatment was intentionally done wrong at Mayo Clinic in Rochester admitting that they felt they shouldn’t have had to give the same doses as he did! How arrogant and destructive towards the research. So what is Texas so afraid of? If they were sincere they would just say “Hey Mr. Burzynski . Your paper work isn’t right. Let me help you out with what you need to do”. That’s the old American way. This country needs to help the right way(for real!) They say competition is good for the nation but when you and your kids are in the middle suffering and dying you should be screaming about it. They would ban Christianity if people all of a sudden got faith to be healed and broke the medical system. To believe and be healed would be called practicing medicine with out a license. (If you”re sick and we can’t make any money off of it then stay sick) seems to be the thought behind all of this.The pharmaceutical companies and I guess the Texas Medical Board would lead the way. My thoughts on this. Thanks

  • Harry Hinton

    If Rick Perry is involved in this mess then he has DISQUALIFIED HIMSELF for any support from
    free-thinking americans. SHAME ON YOU RICK PERRY!!

  • David

    This is precisely why Perry should not be considered for President or any other higher office.
    Just one more poll on the corruption bandwagon.

  • Rose Novy Navarre,RN

    Dr. B is an incredible humanitarian and doctor. My father was treated by him in 1992 for stage 3 Non Hodgkins Lymphoma and lived another healthy 21 years! Sadly my brother developed prostate cancer at 45 years old in 2003. The FDA was involved doing their clinical trials with Dr B at that time and he could not receive antineoplastin therapy. He did other alternative treatments and died at the age of 49. Dr B has spent tons of his own money fighting this battle. He is a true hero. God bless Dr B!!

  • Wade Laird

    The Texas Medical Board should have a monstrous class action lawsuit filed against THEM for mass murder.

  • Linda Joy Adams

    I am aware that federal Workers compensation has paid for patients with toxic exposures to be treated by Dr Rea in his clinic over 20 years ago. My records were sent to him, but the decided that my case was not one that would he could help with as for one thing, I was dealing with actually damage to lung and other body tissue, etc. that is not repairable until stem cell therapies or some such newer treatments might help. So I am aware that one part of the government has Okayed it while another still has not.
    Even worse is that the skin tests for finding out what chemicals affect the chemically sensitive have never been granted any of that grant money handed out so that the FDA and HHS and all the health plans will pay for that. ANother doctor in PA did mine and they have been very accurate as to which ones to avoid that cause inflammation. In light of just what I have said, it’s no wonder the government can’t get its act together to fight Ebola. something that has come to Texas. and all the hospital had to fight a virus was (chemicals and GMOs) when any one knows that is not what one takes at home for even a viral infection we all deal with and our home shelves are stocked with along with a chicken ready to boil. Our system is so broken because in the USA chemicals and toxins so not hurt any one as they do m the rest of the world where the health care system does not deal with an FDA which is a wholly owns ‘subsidiary’ ; of the chemical and toxin industry industry. Until real change comes in the govt, our health care professionals and the patients are on their own. UNDER THE NEW HEALTH plan law, there’s no place to put list adverse reactions to chemicals even if they can cause severe asthma attacks and grave inflammation that leads to bacterial infections and blood abnormalities as in me.. one is only allowed to have allergies and for those can be life threatening for one like me Now the FDA is giving waivers so some chemicals do not have to be on a package and doctors and pharmacists can’t find out. WE ARE ON OUR OWN> Linda Joy Adams

  • Richard Dunkin

    I have been following Dr. Burzynski’s case for several years now. I have seen the testimony by those he has helped, and I couldn’t help but feel hope that someone had finally made tremendous advances toward an alternative treatment for cancer. It is my opinion that the problem, in part, is the pharmaceutical companies and the billions of dollars they make every year from the barbaric drugs they sell.
    Dr Burzynski’s has his critics, but he also has his supporters, who have stood by him for years. That support grew from the patients, and their families, as a result of the successful treatment they received. One cannot ignore the testimony his patients have given to congress, as well as in his criminal trial.
    The very complaints people make, professionals and others, happen across this country on a daily basis. I’m referring to the costs of the treatment, the side effects, and unsuccessful treatments that often result in deaths. These occur every day from the traditional cancer treatments. Why is it that Dr. Burzynski is criticized over the exact same complaints we hear about with current cancer treatment?
    Dr. Burzynski may have some technical issues he needs to deal with but I don’t think we can ignore the testimonies from those he has helped. These are real people, with real diagnosis’, who have been successfully treated by Dr. Burzynski. Those patients have nothing to gain from supporting this doctor who, they testify, saved their lives.
    There’s one thing that’s true beyond a shadow of doubt: Big Pharma and hospitals make a huge amount of money off these so-called approved treatments. Also, it’s a lot easier to buy critics than it is to produce the diverse number of supporters that are willing to testify on Dr. Burzynski’s behalf.

  • Gloria Anderson

    How can we network and help Dr. Burzynski? There are many injustices going on around the nation where a united front of all its people could bring about change. Many of us are more than willing to step up.

    • Rosel Allones

      anpcoalition.org

  • Angela Mogin

    TMB should be spending more time evaluating hospital protocols rather than bringing frivolous law suits. Why would a state which prides itself on its lack of any regulations regarding public safety, continue to wage war on research physicians?

  • brad roon

    Dr B should pretend to have his lawyer offer to bribe/give partnerships/shares in his practice to the TMB and or FDA pukes, then record it all and post it all over the web.

    It would become viral, and if the people relaxed their attacks when the offer was made they will look so untrustworthy that nobody will trust them. Without trust, people listen with skepticism. With skepticism more flaws in the paradigm are visible. This spirals out of control until those in positions of authority are openly known to be untrustworthy.

    In politics this will result in loss of office. No traction to increase the harm the self-appointed fools that think they are “elite” cause to us through organizations like the TMB, congress, the USDA, FDA, and all the rest of the alphabet, the Prez and corporations.

    Without traction the deaths and damages will at least slow, then people will realize these idiots ONLY have power because they borrowed it from us. Then WE call the tune, and they can play nice or go somewhere else.

  • Jo-Ellen Whitley

    The actions of the TMB and other allopathic boards are keeping people from getting valuable care that falls under the category of “alternative” or other descriptors. I am seeing daily that these alternate methods of addressing cancer, are working. We’re talking about people’s lives, and people should be able to choose what they feel will help them. This is really sad in a “free” country.

  • Hank Wheeler

    I’ve been reading about, and have seen videos on the relentless government suppression of Dr Burzynski’s work with “incurable” forms of cancer by mainstream cancer treatments. His treatment protocol has resulted in “cures” with no remission with his pioneering antineoplastin therapy. The FDA seems to be more intent on sabotaging all alternative progressive cancer treatments by making it extremely difficult to pass their approval process while the only existing mainstream treatment consists of cut, poison, and burn that rarely has a “survivability rate” past 5 years. As unsuccessful as the mainstream accepted treatment protocol has been, why isn’t the FDA more open to alternative existing therapies…or at least give suffering cancer patients a choice of therapies with their health insurance policies and medicaid?

  • James Jeffreys

    This is great news. Unfortunately it may be too late for some of the people I love very deeply. Let me give you some back ground .

    Years ago I poisoned at work by toxic chemicals. As a result I have very bad chemical sensitivity, nerve damage and too many symptoms to name. I unsuccessfully tried to seek out medical doctors who could help me locally. I found Dr. Rea. and two others nationally.Fortunately I am under the care of one of the other doctors I mentioned. She is wonderful and caring and has minimized my symptoms compared to conventionally treated people I worked with. There symptoms have grown worse and some have since died.
    .
    Cancer was probably in my future after the exposure and I knew the chemicals used in chemo would kill me with my sensitivity.I started to look for an alternate therapy. Dr. Burzynski is my first choice if I get cancer.

    Recently my partners wonderful daughter was diagnosed with stage four cancer. The very educated and caring people in charge of her treatment read all the false info on Dr. Burzynski and rejected the treatment as an option. The conventional treatment has failed and the Burzynski treatment is still not being considered.

    Dr, Burzynski may not be able to save my loved one, but it would have been nice if the people making the decisions for her would have had access to unbiased information. More treatment options would be available if Dr. Burzynski and other doctor’s research had not been suppressed.

    The system is rigged by false information provided by big pharma ,chemical and oil companies. Their campaign against the doctors that treat chemical sensitively and alternative cancer cures was modeled after the cigarette misinformation campaign that took millions of lives.

    My chemical doctor has been the victims of an aborted attack by national media. Some of this was probably prompted by her use of certain compounded pharmaceuticals which are seen as big new profit drugs by the established big pharma companies. Another reason for the attacks is that if there is a treatment there is proof there must be a disease.

    In addition Compounding Pharmacies have been attacked by state legislatures. In many states patients cannot purchase many of the compounds that were readily available a couple of years ago .Big Pharma hates competition and wants to sell these medicines for profit.

    All the false information and illegal punitive actions against the Doctors and Pharmacies has led to much suffering and…

  • This is terrible corruption and something should be done about it!

  • Richard Richards

    This is what happens to any American doctor who discovers and implements a real cure for cancer. Another deadly “benefit” of living in a fascist country like the U.S.

  • Dana Walters

    People in Texas need to unite to work toward better medical care and I mean public peaceful protests as people are dying in Texas for lack of quality care as the standards are so low. It is time to organize so if you are interested let me know. We should meet in Austin and call in the press. Texas is failing seriously in providing health care.

    “Texas ranks worst in the nation in health care services and delivery, according to an annual scorecard issued by the federal Agency for Health Care Research and Quality.” That is proof that the Texas Medical Board is not even doing its job as it is too obsessed with prosecuting true scientists who are saving lives while failing to protect the lives of Texans. Out of 50 states we are the worst. The Texas Medical Board needs to be held accountable and if they were they would not have time to pick on innocent and caring doctors whose contributions to medicine significantly exceed their own. They need to focus on bigger issues and if we do not expose what is happening on a larger scale nothing will improve.

  • Lex

    It seems to me that the good citizens of the Great State of Texas are being lied to about these actions, as I cannot believe they would just let the TMB waste taxpayer dollars for obviously frivolous, and harmful to the general health & well being of the people, type of activity. I think it is obvious that the TMB has their hands in the deep pockets of “Big Pharma”.

  • jerry

    I almost cry when i see the medical boards, FDA and whoever else go after a man who has helped so many people. It is like an evil goes over them. Dr. is a very good man and does not deserve this. This is NOT what America is about. Power to some is like gold to the rest of us.

  • Helen Carmody

    I encourage someone to investigate one of the physicians on The Texas Medical Board. One of them is from Houston. He is not allowed to practice at any of the Memorial Hospitals in Houston. For a hint, watch the Paul Newman movie, ” The Verdict”.

    • Susan

      I cannot believe you mentioned The Verdict – I couldn’t sleep yesterday morning and it was on and I haven’t watched it since it first came out. I thought it was an excellent movie all these years later. So now you really got me going!

  • Bruce

    The TMB has caused me to lose two doctors that I used for chelation and has also caused my daughter to loose one treating her for lyme disease.
    Unfortunately the only way to fight them is with the same politics they use. Money. Donate big to a candidate then pressure them to do something.

  • Joanne T Becker

    Dr Burznysky is a saint. To Linda, who reviled him for asking only for cash, you have to realize that insurance won’t pay for medical treatments not approved by the FDA. Dr. B has paid for everything he does out of pocket since he entered practice. Without money coming in, he cannot continue, despite pressure to ruin him by the TMB and their cronies.

    Another big question for him should be why he persists in keeping his facility in Texas, clearly the worst state in the union. If he moved his practice to a more welcoming location, he would be able to reach more patients and not drop dead from the stress the TMB causes him.
    In addition, there is a news story going around about a terminal patient who has announced her intention to commit suicide. Her picture is on the cover of People Magazine. If she could be seen
    by Dr. Burzynsky, I feel sure he could help her, under the compassionate care protocol the USA supposedly has. In one instance not long ago, the TMB allowed a patient to die by withholding their permission for her to see Dr. B.

    The members of the Texas Medical Board are out and out criminals and should be prosecuted. The people of this country should stand up to the FDA, and the AMA to change the protocols that allow them to bully the populace into accepting medical care as set up by these ignoramuses.
    Drugs are dangerous and cure little, but kill thousands each year.

    Dr. B’s treatments supply what is lacking in the systems of these patients, and does not constitute drugs as we know them. Doctors are being deprived of the ability to think for themselves and if they depart from the ‘medical party line’, they are severely punished. Fortunately, alternative medical care is growing so, we need to support that and get rid of the status quo.

    We eventually MUST stand up and be counted!