Comprehensive Addiction and Recovery Act Abuse by the Arkansas State Medical Board

Arkansas State Medical Board
1401 West Capitol Avenue, Suite 340
Little Rock, AR. 72201-2936
F: (501) 603-3559

January 8, 2018

Re: Comprehensive Addiction and Recovery Act Funding for rules abridging First Amendment rights

Hello,

The Arkansas State Medical Board has obtained federal funding pursuant to the Comprehensive Addiction and Recovery Act of 2016, (CARA) 130 STAT 698, Public Law 114-198 (July 22, 2016), to issue rules to achieve the goals of this legislation. CARA already has physicians terrified of prescribing pain medications even in emergency rooms. Another problem is that pain management physicians are overwhelmed with some doctors having up to a 3 month waiting period before a victim of acute or chronic pain is even able to see them. This is leading to inadequate medical care contrary to the Eighth Amendment. Due to your new rules my pain management physician Ryan Kraft refused to prescribe me any pain pills citing fear of your new oversight rules. Those rules seem to be a violation of the Fourth Amendment requiring a pain management physician to have an abundance of medical records before he/she can treat chronic pain. They also mandate having a primary care physician and some people may not be able to have a primary care doctor due to rules or financial limitations. I have been a victim of chronic pain since 2014, due to the burdens of being a family caregiver for a relative who was blind, wheelchair bound and weighed 220 lbs. I voluntarily terminated a physician who offered pain management in late 2016, and decided to get off pain medications. It was the worst health decision I ever made. Although I have a history of back pain, recent hip and shoulder injuries due to not having pain medication and gaining 40+ lbs from NSAIDs, Dr. Ryan Kraft tells me I have to be recovering from spinal surgery in order to obtain any type of adequate pain relief due to your new rules. The new rules of the Arkansas State Medical Board will effectively put pain management physicians out of business, then no citizen will be able to get any relief from viable pain. If a person gets injured and can not work due to pain, they will lose their jobs, career and retirement due to your strict rules emanating from the Comprehensive Addiction and Recovery Act.

The First Amendment prohibits Congress from passing any law that abridges First Amendment rights. I am an author, publisher and journalist as well as a student in learning law. I am unable to even think clearly let alone have enough free movement to function due to this significant pain. I have problems even getting dressed, showering, hygiene and if I didn’t have arms, I would not be able to stand up from a sitting position I am in so much pain. Worst of all is that I am engaged in civil litigation within the United States District Court for the District of Columbia in Adams v. John Doe, et alia, case # 1:17-cv-1317 (EGS) and I am unable to comply with court orders to proceed with a lawsuit due to this torture of being denied adequate medical care. I am required to file an amended complaint to this civil action and although I have been working on it since December 24, 2017, I can not function enough to proceed. I can not bend over enough to sort thru piles of paperwork to find needed evidence. I am also unstable due to this pain and can become a statistic in falling fatality rates. Since I got denied any pain medication by Dr. Kraft on December 27, 2018, citing your rules as the cause, I have been having chest pains and I am subject to a heart attack due to lack of movement. CARA allowed sub par humane laws but when they funded Arkansas to create new rules, your rules are going to put the pain management industry out of business and cause the undue torture and deaths to a lot of people, including me. I would hope that is contrary to the enactment clause of your administration. Please speak with Dr. Ryan Kraft about your rules to ensure he is not in jeopardy for offering me and others adequate medical care and adjust your rules accordingly so as not to conflict with enumerated rights.

For the last two weeks I awake about midnight and go to sleep about 4:00 pm for the sole purpose of filing civil litigation to preserve Life, Liberty and Property. I did fine until I was denied any pain medication. Now I can not exercise First Amendment rights to preserve the value of human life.

Signed on this 8th day of January, 2018.

Sincerely,

_____________________________
Dale B Adams
Majestic Publishers Inc.
2313 Anvil Drive
Harrison, Ar. 72601
T: (870) 204-0131
E: info@majesticpublishers.com
W: http://www.majesticpublishers.com

CERTIFICATE OF SERVICE
I, Dale B Adams, pro se declare that on this 8th day of January, 2018, I have mailed and/or emailed, faxed the enclosed, “Comprehensive Addiction and Recovery Act Funding for rules abridging First Amendment rights” on each party to the above proceeding or that party’s counsel, and on every other person required to be served, by depositing an envelope containing the above documents in the United States mail properly addressed to each of them and with postage prepaid, or by delivery to a third party commercial carrier for delivery within three (3) calendar days.
The names of those served are as follows:

Arkansas State Medical Board
1401 West Capitol Avenue, Suite 340
Little Rock, AR. 72201-2936
F: (501) 603-3559

Dr. Ryan Krafft
Interventional Pain Management
825 North Main Street Suite 6
Harrison , AR. 72601

Signed on this 8th day of January, 2018.

Sincerely,

_____________________________
Dale B Adams
Majestic Publishers Inc.
2313 Anvil Drive
Harrison, Ar. 72601
T: (870) 204-0131
E: info@majesticpublishers.com
W: http://www.majesticpublishers.com

 

COMPLAINT

PHYSICIANS

Arkansas Medical Board

Dr. Ryan Krafft
Interventional Pain Management
825 North Main Street Suite 6
Harrison , AR. 72601

COMPLAINANT and PATIENT
Dale Brent Adams
2313 Anvil Drive
Harrison, AR. 72601
T: (870) 204-0131

Date: January 8, 2018

Hello,

I lodge this complaint against the Arkansas Medical Board for acting contrary to their enactment clause, purpose, mission and the intent of the Arkansas legislature. I wish to open a discussion about your new oversight rules regarding pain management and the real world effect of those rules that are causing citizens serious harm and adversely affecting physicians such as Dr. Ryan Krafft. I allege that these new rules and the affects they are having on our family and others, conflict with the United States and Arkansas Constitution. The First, Fourth, Fifth, Eighth and Fourteenth Amendment rights of the respective Constitutions are being violated by the Arkansas Medical Board for enacting rules contrary to the congressional mandate of your humane institution – to intentionally harm Dale B. Adams and his disabled wife, Cherie L. Adams. Dr. Krafft nor any other physician should be lawfully required to torture their patients for fear of excessive oversight and losing their livelihood by offering humanitarian care.

Arkansas engaged in a contract with Human Resources of Arkansas to manage mental health patients. These counselors were given more authority than the physicians with a Phd. My Mother-in-law Linda Faye Gattis was in the North Arkansas Regional Medical Center and had her neck sliced open due to physicians denying her adequate medications. Linda Gattis had filled up a bucket of blood that my disabled wife had to clean up. It was clear Linda Gattis was suicidal. The HRA counselor Chris Combs laughed at Linda claiming that she was not suicidal. He even mocked her and said, “I can tell a lie too, I am the President of the United States.” So my wife and I are familiar with Arkansas rules, contracts and laws that are inhumane stripping educated physicians of their authority. Every person is different and needs the experience and educated discretion of a physician, not some contracted counselor telling qualified emergency room what they are going to do and not some medical board half a state away from the serious injuries or painful maladies making pre-qualified decisions before the patient even sees a doctor.

My wife has told me horror stories how a female physician told Cherie she had cancer on her nose and took a plug out of her nose that made a permanent scar. My wife was in her home screaming so loud with outrage over the facial disfigurement that a neighbor heard her 4 houses down the block and came to her aid. Then this female physician later told my wife that she didn’t even have cancer.

Then another physician in Arkansas tended to Cherie because she was having problems breathing. This physician had Cherie sign a non suit agreement and then did surgery to take out the septum bone between her nostrils and her nose collapsed making it very difficult to breathe. Then the doctor and nurses would barge into her hospital room at night trying to catch Cherie Gattis sleeping and breathing. They came in and seen her large eyes wide open unable to sleep and terrified, not just from her condition, but the conduct of Arkansas health care professionals. The doctor then told Cherie that she can’t sue him because she signed the paper.

My disabled wife fears going to physicians due to all of the harm she has endured by Arkansas physicians. The Arkansas University seems to educate their students more about legal protection then they do about offering humane care. So Arkansas physicians are already negligent and engage in malpractice on a regular basis. They don’t need authorization nor a mandate from the Arkansas State Board of Medicine to continue this insanity.

The standard duty of care to offer me adequate medical care for pain management is not being met, not being met because of inhumane rules from your institution. All a physician has to do is look at my prescription history.

I would like to help my disabled wife do daily chores and offer other emergency needs since she is fragile with chronic renal failure since a preteen. If Linda Gattis could have been given the medication she needed to sleep, she would probably be alive today. Linda Gattis died of suicide by hanging on January 1, 2011, because she didn’t want to be talked down to by a young counselor named Chris Combs. That was according to HRA rules. Even Arkansas was smart enough not to issue these type of inhumane rules, it was contracted out to escape liability. The physicians of Linda Gattis legally protected themselves by denying her any further appointments and the needed medication so they could avoid civil or criminal liability. So your rules jeopardizing physicians will have severe consequences on adequate health care for Arkansas citizens. These physicians will protect their careers at all costs, even if they have to torture people.

Physicians like judges need discretion to do their jobs in a professional manner. Once you strip that ability from physicians, you have failed in your job duties and responsibilities. Please adjust your rules so citizens can enjoy Life, Liberty and Property. We are traveling down a slippery slope, physicians who are educated to preserve the value of human life are now being ordered to be stoic and act contrary to that mandate, even engage in torture. You do not have that lawful authority.

Ali v. Rumsfeld, 649 F. 3d 762 (D.C. Cir. 2011) “No official of the Government, federal, state or local, civilian or military, is authorized to commit or to instruct anyone else to commit torture. Nor may an official condone or tolerate torture in any form. No exceptional circumstances may be invoked as a justification of torture. United States law contains no provision permitting otherwise prohibited acts of torture or other cruel, inhuman or degrading treatment or punishment to be employed on grounds of exigent circumstances (for example, during a “state of emergency”) or on orders from a superior officer or public authority, and the protective mechanisms of an independent judiciary are not subject to suspension. The United States is committed to the full and effective implementation of its obligations under the Convention throughout its territory.”

Initial Report of the United States of America to the United Nations Committee Against   Torture 6, U.N. Doc. CAT/C/28/Add.5 (Feb. 9, 2000).

Please find the court order enclosed. I need proper pain management as it is a matter of life and death.

Signed on this 8th day of January, 2018.

 

Sincerely,

 

____________________________
Dale B Adams
Majestic Publishers Inc.
2313 Anvil Drive
Harrison, Ar. 72601
T: (870) 204-0131
E: info@majesticpublishers.com
W: http://www.majesticpublishers.com