Posted by Mary_Bowers on October 13, 2004, at 14:23:22
A review of the causes for disciplinary proceedings under the State of Illinois Medical Practice Act of 1987, administered by the Illinois Division of Professional Regulation, suggests several causes of action against Robert Hsuing M.D.
Previously on this board, there has been discussion of the lawfulness of Hsiung's ongoing self-styled human research projects, primarily measured against U.S. Department of Health and Human Services rules for human research conducted using federal moneys. In response to those complaints, Hsiung submitted his research project for review by the University of Chicago Institutional Review Board.
The previous complaints and ad hoc investigations by concerned Internet users did not explore Hsiung's responsibilities under Illinois Department of Health rules (77 Ill. Adm. Code 250.130), nor under the state MPA1987. Recent behavior by Dr. Hsiung suggests a need for further action, and for referral by qualified complainants to the Illinois Medical Disciplinary Board (320 West Washington, Springfield, IL 62786)
Actionable violations of the Medical Practices Act include:
Section 1285.240 Standardsa) Dishonorable, unethical or unprofessional conduct
1) In determining what constitutes dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public, the Disciplinary Board shall consider whether the questioned activities:
A) Are violative of ethical standards of the profession (such as safeguard patient confidence and records within the constraints of law; respect the rights of patients, colleagues and other health professionals; observe laws under the Act and pertaining to any relevant specialty; to provide service with compassion and respect for human dignity).
B) Constitute a breach of the physician's responsibility to a patient;
C) Resulted in assumption by the physician of responsibility for delivery of patient care which the physician was not properly qualified or competent to render;
D) Resulted in a delegation of responsibility for delivery of patient care to persons who were not properly supervised, or who were not competent to assume such responsibility;
E) Caused actual harm to any member of the public; or
F) Are reasonably likely to cause harm to any member of the public in the future.
b) Immoral Conduct
1) Immoral conduct in the commission of any act related to the licensee's practice means conduct which:
A) Demonstrates moral indifference to the opinions of the good and respectable members of the profession;
B) Is inimical to the public welfare;
C) Abuses the physician/patient relationship by taking unfair advantage of a patient's vulnerability; and
D) Is committed in the course of the practice of medicine.2) In determining immoral conduct in the commission of any act related to the licensee's practice, the Disciplinary Board shall consider, but not be limited to, the following standards:
A) Taking advantage of a patient's vulnerability by committing an act or acts which violate established codes of professional behavior expected on the part of a physician;C) Conducting human experimentation or utilizing unproven drugs, medicine, surgery or equipment to treat patients except as authorized for use in an approved research program pursuant to rules of the Illinois Department of Public Health authorizing research programs (77 Ill. Adm. Code 250.130) or as otherwise expressly authorized by law;
D) Committing an act or acts, in the practice of persons licensed under this Act in practice, of a flagrant, glaringly obvious nature which constitute conduct of such a distasteful nature that accepted codes of behavior or codes of ethics are breached;
E) Committing an act or acts in a relationship with a patient so as to violate common standards of decency or propriety; or
F) Any other behavior which violates established codes of physician behavior or which violates established ethical principles commonly associated with the practice of medicine.
c) In determining what constitutes gross negligence, the Disciplinary Board shall consider gross negligence to be an act or omission which is evidence of recklessness or carelessness toward or a disregard for the safety or well‑being of the patient, and which results in injury to the patient.----
Our household had already begun an investigation of Hsiung's compliance with 77 Ill. Adm. Code 250.130. It appears Hsiung has either obtained counsel or formulated his own opinions of what he can get away with under both the research rules cited in this paragraph, and under other provisions of the act cited above, by claiming that his activities in administering an electronic self-help group are not considered practice of medicine. More recently he seems to be staking out a position that this group, which serves as his primary subject of consideration in published research material, is not research. Both of the claims are specious.
Let’s take a step back, now, to consider the difference in this group and others operated by recognized medical institutions. This group is administered solely under the discretion of Robert Hsiung. Other groups are administered by groups of professionals, where peer's interventions can offer as checks and balances to protect members from the personal prejudices and foibles of any individual administrator.
Anytime a medical professional initiates a private practice that is unique from those of peers, we have reason to look more closely before accepting the merits of the practitioner’s claims. Professional peers keep each other within boundaries. While there may be other motivations for going it alone, it is reasonable to consider whether a practitioner is working alone to avoid peer review.
To return to more specific complaints, consider that we have here a medical doctor who relishes idle contributions by primarily visitors suffering mental disorders that include speculation about wrestling with the doctor in his underpants. But the doctor today labeled a visitor uncivil for posting reference to a book by other medical professionals that said some self-help groups appear to function by serving as a surrogate addiction. This appears to offend the MPA1987 Section 1285.240 b)1)A) Immoral conduct in the commission of any act related to the licensee's practice means conduct which: Demonstrates moral indifference to the opinions of the good and respectable members of the profession;
A physician may adamantly disagree with a professional peer, but when a physician recruits participants in a research project, then slanders those participants as "uncivil" when they cite the opinions of other good and honorable physicians, that physician is acting immorally and in violation of professional ethics.
Hsiung's action today to slander yet another person he recruited to his site prompted our decision to post this information about his legal obligations.
Other tracks of our investigation, still underway, relate to the propriety of conducting research on clients who have not been offered informed consent about possible harm that may result, and his continual promotion of addictive behaviors without providing proper aid to those who get caught up in the behaviors he promotes, specifically participating in his research group. Internet addiction is recognized as a disorder, both by Hsiung through the ineffectual "anti-addiction" technical functions at this site, and by groups such as McLean Hospital that offer computer and internet addiction recovery services in Belmont, Mass.
Continued administration of procedures that are known to lead to addiction is in itself a violation of professional obligations, and cause for disciplinary action. Failure to provide adequate referrals for those suffering from addiction as a side effect of medical procedures comprises a violation of professional obligations.
We are also studying the distinction between self-help groups administered by members or by qualified social or psychological professionals and those administered by a physician. It is our opinion, which we are finding precedent to support, that a physician does not somehow sidestep his professional obligation by claiming to be merely an administrator of a group.
If the physician were involved primarily in the fiscal administration of a group, it would be one matter. When a physician becomes involved in the dialogue and dynamic of a mutual self-help group by chastising members, evicting members and setting standards of conduct within the group, it becomes impossible to separate the physician's behavior from the practice of medicine.
A further distinction lies in the purpose of the group. Administering a group organized primarily to help cope with routine life stresses might not comprise practice of medicine. Administering a group wherein claims of a health benefit are offered by a physician in relation to specific complaints that are within that physician’s area of practice, and when the physician is an active participant in dialogue comprises practice of medicine.
Daily labeling people as "uncivil" is nothing more than offering a diagnoses of anti-social personality disorder without conducting any prerequisite tests other than a measure against the physicians personal preferences for conduct.
These and other violations of professional codes of conduct are not only possible causes of action by the Illinois Medical Disciplinary Board, they are cause for action in civil malpractice complaints brought by individuals who were harmed while participating in Dr. Hsiung's discussion group. If you have been harmed, or think you may have been harmed, save this message in a personal file and contact a malpractice attorney barred to practice in the State of Illinois. You might also consider reviewing the Medical Practices Act, especially the sections describing unprofessional conduct, in the context of your experiences at this site, and then contacting the Illinois Division of Professional Regulation.
In the mean time, if you are concerned about adverse behaviors you might have developed in response to Hsiung's persistent on-line behavior, you might consider contacting a group such as http://www.computeraddiction.com/ for prompt treatment of your symptoms, and further advice on how to prevent suffering additional harm at the hands of Dr. Robert Hsiung, (Ill. lic. no. 36079310)
We are also posting this message in the "adverse events" reporting page Hsiung was required to add to this site, so that he cannot hide it from proper review by his professional peers.
poster:Mary_Bowers
thread:402705
URL: http://www.dr-bob.org/babble/admin/20041012/msgs/402705.html