Saturday, March 25, 2023
ISSN 2765-8767
  • Survey
  • Podcast
  • Write for Us
Daily Remedy
  • Home
  • Articles
  • Podcasts
    A conversation with Kristen Ogden, patient advocate for Dr. David Bockoff

    A conversation with Kristen Ogden, patient advocate for Dr. David Bockoff

    March 19, 2023
    Analyzing opioid prescribing trends with Mr. Jacob James Rich

    Analyzing opioid prescribing trends with Mr. Jacob James Rich

    March 19, 2023
    A conversation with Dr. John Whyte, author of Take Control of Your Heart Disease Risk

    A conversation with Dr. John Whyte, author of Take Control of Your Heart Disease Risk

    March 19, 2023
    We catch up with Dr. Linda Cheek to glean her thoughts on the DEA's continuing encroachment into healthcare in a post-Ruan world.

    Catching up with Dr. Linda Cheek, founder of Doctors of Courage

    March 19, 2023
    A conversation with Dr. Radhika Sharma, physician influencer and life coach

    A conversation with Dr. Radhika Sharma, physician influencer and life coach

    February 18, 2023
    A conversation with Dr. Alin Gragossian, physician and heart transplant survivor

    A conversation with Dr. Alin Gragossian, physician and heart transplant survivor

    February 13, 2023
  • Surveys

    Surveys

    Does inflation affect your spending

    Does inflation affect how you use your deductible?

    by Xiulu Ruan, MD
    March 8, 2023

    Survey Resutls

    How strongly do you believe that you can tell when your provider does not trust you?

    How strongly do you believe that you can tell when your provider does not trust you?

    October 16, 2022
  • About Us
  • Contact us
  • Support Us
  • Shop DME
No Result
View All Result
  • Home
  • Articles
  • Podcasts
    A conversation with Kristen Ogden, patient advocate for Dr. David Bockoff

    A conversation with Kristen Ogden, patient advocate for Dr. David Bockoff

    March 19, 2023
    Analyzing opioid prescribing trends with Mr. Jacob James Rich

    Analyzing opioid prescribing trends with Mr. Jacob James Rich

    March 19, 2023
    A conversation with Dr. John Whyte, author of Take Control of Your Heart Disease Risk

    A conversation with Dr. John Whyte, author of Take Control of Your Heart Disease Risk

    March 19, 2023
    We catch up with Dr. Linda Cheek to glean her thoughts on the DEA's continuing encroachment into healthcare in a post-Ruan world.

    Catching up with Dr. Linda Cheek, founder of Doctors of Courage

    March 19, 2023
    A conversation with Dr. Radhika Sharma, physician influencer and life coach

    A conversation with Dr. Radhika Sharma, physician influencer and life coach

    February 18, 2023
    A conversation with Dr. Alin Gragossian, physician and heart transplant survivor

    A conversation with Dr. Alin Gragossian, physician and heart transplant survivor

    February 13, 2023
  • Surveys

    Surveys

    Does inflation affect your spending

    Does inflation affect how you use your deductible?

    by Xiulu Ruan, MD
    March 8, 2023

    Survey Resutls

    How strongly do you believe that you can tell when your provider does not trust you?

    How strongly do you believe that you can tell when your provider does not trust you?

    October 16, 2022
  • About Us
  • Contact us
  • Support Us
  • Shop DME
No Result
View All Result
Daily Remedy
No Result
View All Result
Home Featured

2023 Letter to the American Medical Association

"Today I write to propose an overdue legal intervention plan for your consideration. I believe the time is ripe for this litigation."

Xiulu Ruan, MD by Xiulu Ruan, MD
January 29, 2023
in Featured
0
2023 Letter to the American Medical Association

Source: Ye Jinghan

Content has been preserved in its original form and syntax. Modifications were made only to protect the interest of private citizens and to facilitate readability.


Xiulu Ruan, MD; 66857019

F.C.I. Oakdale 1, Eva 2

P.O. Box 5000 Oakdale, LA 71463

 

January 1, 2023

 

Re: Multi-Party Lawsuit Against the DEA

Jack Resneck, Jr., MD, President

James L. Madara, MD, CEO & Executive VP

AMA Plaza, 330 N. Wabash Ave., Suite 39300 Chicago, IL 60611-5885

 

Dear Drs. Resneck and Madara:

 

Happy New Year!

 

In my previous correspondence, I shared my grave concern about the scapegoating-physician movement and my opinion that a collective effort is needed in order to fundamentally change the image of societal scapegoats of physicians in this nation.

 

Today I write to propose an overdue legal intervention plan for your consideration. I believe the time is ripe for this litigation. My conclusion is based on the following two recent Supreme Court precedents:

On June 27, 2022, the Supreme Court published its ruling in Ruan v. United States, 142 S. Ct. 2370 (2022), whereby the Court, in a 9:0 decision, made clear that for CSA 841(a) prosecution of doctors as “drug dealers,” the Government had to prove that the physicians knowingly or intentionally acted as unauthorized manner, i.e. physicians knowingly or intentionally acted as “drug dealers.”

 

For close to half a century since Moore (1975), the Government had never been required to prove that physicians prosecuted under the CSA 841(a) had to harbor a “guilty intention” or “mens rea.” Innumerable physicians, pharmacists, dentists, mid-level practitioners, have been wrongfully convicted under the CSA 841(a) as “drug dealers.”

 

On June 30, 2022, the Supreme Court handed down West Virginia v. EPA, 142 S. Ct. 2587 (2022), where West Virginia, the North American Coal Corporation, Westmoreland Mining Holdings, LLC, and North Dakota, sued the Environmental Protection Agency (EPA) for abuse of its power. The Court ruled in petitioners’ favor (6:3).

 

The Court held that Congress did not give the EPA the authority to devise capping carbon dioxide emissions, but the EPA adopts on it own such a regulatory scheme. A decision of such magnitude and consequence rests with Congress itself; EPA’s conduct violated the major questions doctrine.

 

The analogy is: Congress did not grant the DEA the authority to regulate medicine; using DOJ’s explanatory regulation (21C.F.R Section 1306.04(a)) to massively prosecute clinicians violated the major questions doctrine.

 

The criminal liability standard of prosecuting physicians for CSA 841 violations is formed by combining the CSA 841(a) statute with 21 F.C.R. Section 1306.04(a), plus Moore (1975). Section 1306,04(a), a federal regulation promulgated by the DEA of the DOJ, has been used as a statutory offense element. This practice violated the major questions doctrine because this hybrid standard allowed a prosecutorial agency to define a criminal offense. In short, it created a criminal liability without an element of the defendant’s knowledge of wrongdoing.  •

 

In West Virginia v. EPA, in a concurring opinion, Justice Gorsuch, joined by Justice Alito, admonished that the major questions doctrine works in much the same way to protect the Constitution’s separation of powers: “Permitting Congress to divest its legislative power to the Executive Branch would ‘dash [this] whole scheme.”‘ Justice Gorsuch also reasoned that the major questions doctrine may apply when an agency seeks to intrude into an area that is the particular domain of state law.

 

“Skepticism may be merited when there is a mismatch between an agency’s challenged action and its congressionally assigned mission and expertise.”

 

Indeed the practice of medicine had always been regulated under the state medical boards, with the oversight of the Federation of State Medical Boards. The DEA/DOJ, without Congress’s clear delegation, usurped this authority and turned physicians’ prescribing into a felony offense under the CSA 841(a), akin to drug trafficking.

 

What education, training, knowledge, or expertise have federal agents achieved in medicine so as to allow them to judge how medicine should be practiced? For decades the practice of medicine, especially the subspecialty of pain medicine, has been largely eroded by the federal Government’s abusive intrusion. While innumerable pain physicians have been unjustly prosecuted and incarcerated, others are forced to abdicate their ethical obligation and abandon their patients by avoiding prescribing medically needed pain medicines for fear of criminal prosecution.

 

No one really knows how many pain patients end up relying on the illicit black market to obtain “painkillers,” which are the mo t dangerous because there is no medical supervision doing this process and patients may not even know what they are actually getting. A purported hydrocodone tablet bought from the black market might be adulterated with fentanyl analogs which could be 100 to 1,000 times as potent as morphine. Still, some other patients choose to commit suicide rather than endure their intractable pain. It is heartbreaking and shameful to see such a tragic dilemma: while the number of opioid prescriptions has dropped to the record low due to the massive incarceration of physicians, the opioid overdose deaths have reached the all-time high.

 

The inference is obvious: Pain physicians help patients’ pain and suffering and save patients’ lives.

 

It is time for all healthcare professional to be united for a common cause: to fight for our rights and liberty, save our patients, protect our careers, and preserve our professions. We should mobilize the entire base of healthcare professionals including national medical societies/organizations (regardless of specialties and subspecialties), Federation of the State Medical Boards, and state medical boards, and other national professional associations such as pharmacists and dentists, as well as patient advocacy groups.

 

I plan to write to a few legal organizations for their support, e.g., the Cato Institute, Due Process Institute, National Association of Criminal Lawyers Association, Pacific Legal Foundation, Professors of Health Law and Policy Heritage Foundation, Washington Legal Foundation, Federalist Society, ACLU, U.S. Chamber of Commerce, National Pain Advocacy Center, Association of American Physicians and Surgeons, Physicians Against Abuse, Center of U.S. Policy, Compassion and Choices and others, most of which had submitted Brief of Amicus Curiae in connection to my Supreme Court petition. I hope some of them may lend their helping hands to support our cause.

 

All parties concerned should join this lawsuit against the DEA, just like in West Virginia v EPA, where West Virginia, the North American Coal Cooperation, Westmoreland Mining Holdings LLC, and North Dakota, each participated in the lawsuit against the EPA. It is time that healthcare professionals join hands to wage this lawsuit against the DEA.

 

I hope some of the arguments I made in this essay may turn out to be useful. Thank you very much in advance for your attention to this matter. Sincerely,

 

Xiulu Ruan, MD

ShareTweet
Xiulu Ruan, MD

Xiulu Ruan, MD

Dr. Ruan is a fellowship trained, multi-boarded pain management specialist, has achieved eight medical board/subspecialty board certifications in the United States - setting the world record for the most medical board certifications, according to the World Records Academy.

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Videos

YouTube Video VVUxUDVQenU5RTFjUVFKNDY2ZlBmdFB3LlRycG1TYWRHYVhB We speak with Mr. Jacob James Rich, who wrote an article in Reason Magazine - The Fight To Criminalize Opioid Prescribing - which provides a synopsis of his seminal work published in the Yale Law & Policy Review Inter Alia.

We discuss the article in depth, gleaning important insights on how opioid data is mischaracterized to arrive at contrived narratives of physician over-prescribing.

Mr. Jacob James Rich is a researcher at the Cleveland Clinic Center for Value-Based Care Research, a Ph.D. student at the Case Western Reserve University School of Medicine, and a policy analyst at Reason Foundation.

https://reason.com/2023/02/10/the-fight-to-criminalize-opioid-prescribing/

https://ylpr.yale.edu/inter_alia/misinformed-misguided-prescription-abuse-prevention-act-response-delfino

#opioid #epidemic #data #fallacy
Load More... Subscribe

Expert vs. Lay Testimony

Visuals

NADAC (National Average Drug Acquisition Cost)

NADAC (National Average Drug Acquisition Cost)

by Jay K Joshi
January 29, 2023
0

We list the acquisition price of drugs that are covered under the Medicaid Drug Rebate Program - effectively, how much does the government pay for common drugs utilized by patients on Medicaid. Drugs listed are from A-CH.  

Read more

Twitter Updates

Tweets by DailyRemedy1

Newsletter

Start your Daily Remedy journey

Cultivate your knowledge of current healthcare events and ensure you receive the most accurate, insightful healthcare news and editorials.

*we hate spam as much as you do

Popular

  • Media Sensationalism in the Opioid Epidemic

    Media Sensationalism in the Opioid Epidemic

    0 shares
    Share 0 Tweet 0
  • My Plight as an Abandoned Pain Patient

    0 shares
    Share 0 Tweet 0
  • In Support of IL HB 2046

    0 shares
    Share 0 Tweet 0
  • Thank you, AHCJ!

    0 shares
    Share 0 Tweet 0
  • Narratives on the Opioid Crisis

    0 shares
    Share 0 Tweet 0

Daily Remedy

Daily Remedy offers the best in healthcare information and healthcare editorial content. We take pride in consistently delivering only the highest quality of insight and analysis to ensure our audience is well-informed about current healthcare topics - beyond the traditional headlines.

Daily Remedy website services, content, and products are for informational purposes only. We do not provide medical advice, diagnosis, or treatment. All rights reserved.

Important Links

  • Support Us
  • About Us
  • Contact us
  • Privacy Policy
  • Terms and Conditions

Newsletter

Start your Daily Remedy journey

Cultivate your knowledge of current healthcare events and ensure you receive the most accurate, insightful healthcare news and editorials.

*we hate spam as much as you do

  • Survey
  • Podcast
  • About Us
  • Contact us

© 2023 Daily Remedy

No Result
View All Result
  • Home
  • Articles
  • Podcasts
  • Surveys
  • About Us
  • Contact us
  • Support Us
  • Shop DME

© 2023 Daily Remedy

Start your Daily Remedy journey

Cultivate your knowledge of current healthcare events and ensure you receive the most accurate, insightful healthcare news and editorials.

*we hate spam as much as you do