FINALLY, WE'VE DISCOVERED A FEDERAL LAW THAT CAN PROTECT PHYSICIANS’ RIGHTS
The Americans With Disabilities Act (“ADA”) Can Protect ALL Physicians Brought Into the Medical Regulatory Therapeutic Complex (MRTC)*
* But you’ve got to know exactly how to engage that law to access its vast protections
Physicians’ careers have for too long been wrongfully derailed by intrusive and compulsory evaluations by state-contracted Physician Health Programs (PHPs). These interrogation-like invasive forensic psychiatric examinations often lead to costly out-of-state extended evaluations at specially selected board and PHP approved centers whose independent and professional medical judgment is indeed questionable due at a minimum to their financial entanglements.
Simply acknowledging a current or past history of depression, anxiety or ADHD, or being reported as having a suspicion of substance use can lead a physician down an invasive psychiatric investigatory pathway that is costly and psychologically traumatic. It permanently mars one’s career.
And, without thorough individualized and documented justification … it is illegal.
Sadly, it appears the vast majority of self-described “professional license defense” attorneys are completely ignorant of ADA’s applicability.
CPR’s ADA Legal Initiative
I want to tell you about an exciting emerging legal development that we’re actively working on. In fact, we believe it’s a game changer!
We’ve discovered through extensive consultation with a notable attorney specializing in disability law that a particular federal law - the ADA - likely has immense applicability to all who have been ensnared in the MLB-PHP complex.
(see Attorney Bill Goren’s piece "Medical Licensing Boards, Physician Health Programs, and the Lack of ADA Compliance: an Opportunity for Plaintiff Lawyers - Goren” on the resources page)
You see, unbeknownst to many, including apparently to medical boards and PHPs, the ADA has explicitly clear guidelines as to what types of fitness for duty evaluations and what extent of burden can be imposed upon those who are alleged to be impaired. This may come as a shock to many - it sure did to me: you don’t have to have an actual disability to be covered under the ADA. If you are “regarded as” having a disability - and clearly everyone who’s been referred by their medical board or hospital or peer review committee to a PHP for “assessment” fits that criterion - you are covered.
After literally years of study and most recently months of immersion in this particular law, we have discovered a powerful legal inroad to compel review of these abuses. It involves a multi-pronged approach:
- guiding counsel through the steps to prepare appropriate litigation
- guiding affected physicians through the federal complaint process
- and broadly reaching out to physicians to enable them to take action
This initiative is in its early stages and it is going to call for significant manpower resources, and, as these matters go, cannot be delayed.
And to accomplish this, we need your help.
So I ask you to support us in this initiative. I will definitely keep you posted as we progress.
On behalf of CPR, I deeply appreciate your support and ask that you contribute today to help us with this initiative.
Please help us continue this crucially important
ADA PHYSICIAN RIGHTS education and accountability campaign.
This endeavor is mission critical; it is the most important legal study
project we have undertaken. And we firmly believe it could compel investigation by the US DOJ Civil Rights Division and result in DOJ’s demand that MLBs and PHPs immediately comply with all provisions of ADA.
We need your help today to pursue this initiative.
Please visit C P R's Fundraising page below.