Minutes December 2002
MINUTES OF DECEMBER 13, 2002, CCRMG MEETING
Present: Dr. Tod Mikuriya, Dr. Stephen Ellis, Dr. Tom O’Connell, Fred
Gardner, Dr. Jeff Hergenrather, Dale Schafer, Dr. Richard Hansen, Dr.
George Fuller, Dr. Frank Lucido, Sally Light, JD.
2. Approve agenda
3. Approve minutes of last meeting
a. California Medical Board hearing(s)
i. Dr. Fry’s Case
ii. Dr. Mikuriya’s case
iii. Dr. Lucido’s case
iv. Dr. Eidelman’s case
v. Dr. Ellis’ case
vi. Dr. Bearman’s case
vii. Dr. Banister’s case
viii. Dr. Alcalay’s case
b. Other state and federal political updates
c. Common face sheet
d. Minimum practice standards
e. Oakland office space
5. Future events
7. Date of next member meeting
1. Introductions - Round table introductions opened the meeting.
2. Approve agenda – So approved.
3. Approve minutes of last meeting. – So approved.
Instead of following the agenda point-by-point, here ensued a lengthy
general discussion about the politico-legal situation the doctors now
face re: the California Medical Board (CMB) and various court proceedings.
Dale Schafer reported on Dr. Fry’s case: Tom Campbell interviewed
her last July, and the interview was to be transcribed and sent to
the CMB, but she has not heard anything yet. Her defense will be based
on “blanket transactional immunity” under 215. Dale is also using discovery
to obtain documents proving governmental conspiracy against the doctors
There was general agreement that they should take the offense against
the CMB as soon as possible. Also discussed were how 215 and federal
law interact/conflict, and how governmental authorities are attempting
to usurp the role of doctors and to discriminate against patients.
Dale believes that he is in a good position to file for declaratory
relief, but it would be a massive case requiring lots of funding and
other resources – however, if it can be done, he sees that ultimately
the truth will come forth and the governmental defendants will lose
in a big way. There are only a few attorneys that could handle this
kind of case, involving standards, due process & other constitutional
issues. However, the CMB’s standard (stated after 215’s passage) is “puny” and
non-binding and therefore very challengeable
Dr. Mikuriya stated that last year his attorney, Bill Simpich, filed
on his behalf against the CMB, but there has been no movement yet.
It’s possible that other doctors could become co-plaintiffs at some
point. Dr. Mikuriya has asked Bill S. to draft a budget and timeline
for the case, but as Bill has been too busy to do this, Dr. Mikuriya
asked Dale to take on this task. Dale accepted and agreed that payment
of $1,000 was acceptable for this work.
Dale is now facing an upcoming Grand Jury investigation, for which
he received notice only 3 days after the November 2002 election. He
believes this is in retribution for his running for office.
Fred Gardner reported that Dr. Frank Fisher’s case had a recent hearing
and that the outcome was good. He does not have any more information
Fred Gardner also reported on the Sept. 28, 2002, conference in Reno
of the American Academy of Pain Management, where Dr. Frank Fisher
gave a presentation. About 500 attended overall, but the event was
poorly organized, so very few attended Dr. Fisher’s session on cannabis
as an alternative approach to pain management.
Fred Gardner stated that in his opinion, Lockyer should “clean house” of
the Lungren –era attorneys and other bad apples in his department similar
to the way Hallinan did after he was elected D.A. So far, Lockyer has
let go only one such attorney. Also, Dr. William Breall has recently
joined the CMB, and Fred sees him as approachable on the MM issue.
Fred is writing a forthcoming article which will be an expose on the
Common face sheet - Dr. Jeff Hergenrather presented a draft common
face sheet he developed after the last CCRMG meeting, using input from
other members. After general discussion, including the idea of including
a statement about informing patients when information is sent to anyone,
it was agreed that he will revise it (with help from everyone) for
the next quarterly meeting when hopefully it will be passed.
5. Other - Dr. Mikuriya presented the Harvard Medical School’s “Physical
Health Study” on using aspirin in medical conditions. The study’s 20th
anniversary commemoration was held recently, and both he and Dr. Rich
Hansen received commemorative neckties for having participated in the
study. Dr. M. believes that CCRMG should do a similar long-term study
6. Next Meeting – It was agreed that the next CCRMG meeting will be
at noon on March 14, 2003.
7. As time ran out for the meeting to cover the remainder of the agenda
items, they will be covered at the next meeting. The meeting was adjourned.
Minutes prepared by Sally Light, CCRMG Administrator