Ibsen continues fight against Montana Board of Medical Examiners

http://www.kxlh.com/story/33534138/ibsen-continues-fight-against-montana-board-of-medical-examiners#

HELENA –

Mark Ibsen, a Helena physician, continues his fight against the Montana Board of Medical Examiners in District Court.

Ibsen is fighting the suspension of his license over allegations that he over-prescribed pain medication and failed to keep proper patient records.

Ibsen’s suspension has been itself suspended by order of Judge James Reynolds.

His lawyer, John Doubek, told the court this case began when a former employee of Ibsen, terminated for cause, filed a complaint with the Board claiming nine patients were over-prescribed pain medications.

After years of hearings, Ibsen’s license was suspended on March 22nd by the Board.

During Monday, hearing, Doubek criticized the Board for rejecting 80 findings of fact established by their own hearings officer. In critiquing their conduct, Doubek suggested the board created their own facts to fit the suspension.

Judge James Reynolds said, “That almost sounds like a conspiracy theory here.”

“Well, nobody likes to take on City Hall,” replied Doubek.

Doubek went on to tell the judge there is no evidence of improper record-keeping by Ibsen.

At issue is whether or not Ibsen kept written pain medication contracts with his patients.

During the hearing the questions arose as to whether those contracts were part of common medical practice at the time.

The Board maintains they were, while Ibsen says they were not.

The larger issue, whether or not Ibsen over-prescribed opioid pain-killers to his patients, was also addressed.

Ibsen has long maintained that he has great success with weaning drug-dependent patients off powerful pain medications.

Ibsen has been a vocal critic of how the medical establishment, including the federal Drug Enforcement Agency and pharmacies, have treated opioid addiction.

Doubek told the court that the Board’s own expert witness could not find any patient of Ibsen’s who received too many painkillers.

Graden Hans, counsel for the Board, countered by saying the Board has clear statutory authority to reject or modify decisions by hearings officers.

Hahn said the Board’s review of Ibsen’s records show a clear pattern of breach of patient care and an on-going risk to patient safety.

Judge Reynolds questioned how the Board of Medical Examiners handled its decision in this case, saying rewriting a hearing officer’s decision puts Montana’s Administrative Procedures Act on its’ head.

“Why have a hearings officer at all, if findings are going to be rejected?” asked Reynolds.

Hahn said the Board is given that discretion by state statue.

Doubek countered, citing Brackman vs. Board of Nursing, a 1993 Montana case where charges of unprofessional conduct against six nurses were dismissed by a district court because the Board of Nursing modified or rejected the findings of a hearing examiner.

That ruling was upheld by the Montana Supreme Court.

At the end of the hour and a half hearing, Judge Reynolds said he’ll take the matter under advisement and rule at a later date.

The Board’s suspension of Ibsen has been put on hold pending the outcome of this case.

CAN YOU SAY WITCH HUNT ???

I have been “consulting ” with Dr Ibsen for at least THREE YEARS and he was already at least a YEAR into this ABUSE OF POWER.  Dr Ibsen is not the only prescriber in MT that has been subjected to this Montana Board of Medical Examiners’ ABUSE OF POWER… I know of at least two other prescribers in the state.. there may be more… but.. the “environment of fear” created by this board in MT is so great that many chronic pain pts have been forced to seek treatment OUTSIDE OF THE STATE, because many in-state prescribers will not treat chronic pain pts.  I have been told of many “chronic pain refugees” that are flying to a chronic pain specialists in CALF every 90 days to be able to get adequate therapy to help them maintain some quality of life for themselves.

Filed under: General Problems