LouisianaVoice has learned of an ongoing pattern by at least one state board to indiscriminately impose stiff penalties and fines of tens of thousands of dollars against dental professionals for perceived violations of a dizzying array of confusing and obscure regulations that seem to pop up with no prior warning, no explanation and with little or no due process.
The Louisiana State Board of Dentistry (LSBD) operates with complete autonomy as it serves as prosecutor, judge and jury in bringing charges and then conducts its own hearings and then rules on those charges, often hitting dentists, dental assistants and dental hygienists with five-figure fines.
Many of these charges are the result of apparent entrapment on the part of the LSBD and an investigator under contract to the board, according to its victims.
Moreover, the LSBD, which receives no state funding for its operations, still manages to award lucrative contracts in the hundreds of thousands of dollars to attorneys and private investigators, according to state records obtained by LouisianaVoice.
LSBD’s funding comes exclusively from fines levied against dental professionals, giving the board strong incentive to conjure up charges and hand down stiff fines in order to pay for those contracts.
Taking the contract of board of attorney Brian Begue, records show he was awarded a one-year contract of $175,000 in June of 1995. That contract was renewed for the same amount in June of 1996.
In June of 1997, a new three-year, $225,000 contract was given Begue. He again was given three-year contracts in 2000, 2003, 2006, 2009 and 2012, but the contract amounts for each of the last five contracts was doubled to $450,000.
One source said Begue did not routinely submit time sheets indicating how much time was spent doing legal work for the board. Instead, he would simply give the board a piece of paper with an amount to be paid for his services.
Even as it was bestowing those contracts on Begue, the board was also awarding lucrative contracts on New Orleans private investigator Camp Morrison. Beginning in March of 1997, he received a three-year, $45,000 contract to investigate dentists who might be in violation of some rule or regulation.
In 2000, Morrison’s new contract was for only two years but the contract amount jumped to $150,000, then to $200,000 in 2002, to $240,000 in 2004 where it remained for each two-year term until last year when his contract was renewed for three years—and increased to $340,000.
Even more curious was the disparity between contract begin dates and approval dates. For example, Morrison’s 2002 contract began on Sept. 1 but was not approved until May 19, 2003. His 2008 contract for $240,000 started on Sept. 1 but was not approved until Dec. 28, 2009—almost 15 months after the begin date.
A familiar name surfaced on April 13, 2000, when a two-year, $100,000 contract backdated to Mar. 1 was awarded to Jimmy Faircloth, who would later reveal in open court the board’s ulterior motive in pursuing charges against one dentist.
In that case that progressed to a federal courtroom trial the presiding judge was questioning why Faircloth was so determined to prosecute Dr. Randall Schaffer who had revealed design flaws in a TMJ implant developed by the LSU School Dentistry, Faircloth pointed to then-LSBD executive director Barry Ogden, telling the judge that Ogden had instructed him to get Schaefer “no matter what it cost.”
Faircloth subsequently received a second two-year contract for $50,000, effective Nov. 1, 2010, but not approved until April 19, 2011. That contract was renewed for 20 months and $50,000 in 2012
The board even went so far as to have legislation passed whereby it provides legal representation for Morrison, its contracted investigator, in cases where litigation is brought against Morrison—a practice unprecedented for a state agency. Contracts issued by every other agency contain provisions that the contractor must provide and pay for his own liability coverage and state contracts further stipulate that contractors shall incur their own legal costs while holding the state harmless.
That could be because of Morrison’s practice of hiring unlicensed personnel to conduct investigations and of actions that some say border on entrapment.
The manner in which the board serves as accuser, judge and jury, Begue’s dual function as both the board’s general counsel and as prosecutor may have prompted former State Sen. Max Malone (R-Shreveport) to react to allegations of harassment and extortion by the board by rising on the Senate floor to brand the board and its members as “corrupt.”
The enforcement muscle flexed by the board usually intimidates those accused of wrongdoing to pay fines without resistance because of the costs involved and because they know they will be going up against a stacked deck.
An example of the abuse inflicted by the board is the case of two Shreveport dental hygienists who were accused of fraud by the board and who were presented a consent decree to sign which contained substantial penalties, including 90-day suspensions, fines and legal costs.
The hygienists refused to sign the initial consent decree even in the face of the steep odds that they faced.
The board, however, because of its own vulnerable position, came back with a second consent decree that removed the fraud term, replacing it with failure to provide the acceptable standard of care, fines of $500 each and legal costs of $15,000, and remedial training with no suspensions.
So, why did the board come back with a reduced penalty and why did the two accused sign? First, the hygienists were fully aware of the power of the board to take away their livelihoods by revoking their license.
But the board’s investigator, Morrison, had made the mistake of sending in unlicensed investigators posing as patients to be seen by the hygienists. Additionally, the board allegedly offered one hygienist immunity if she would say that her boss, a Shreveport dentist, ordered her to falsify information obtained by the hygienist in her examination.
In exchange, the hygienists were required to waive any challenge to the complaint against them.
More revealing, however, was the requirement that the hygienists “hereby release and forever discharge the board, its executive director, its investigator and any of the agents, employees, representatives, officers, members, attorneys and investigators of the board, including but not limited to Camp Morrison, Dana Glorioso and Karen Moorhead, from any and all claims, damages, causes of action, or other claims of any nature whatsoever, known or unknown, asserted or unasserted, arising from any set of facts of circumstances existing as of the date of this agreement, including, but not limited to any claims of improper investigation, prosecutorial misconduct, defamation, or invasion of privacy.” (Emphasis added.)
LSBD spokespersons might claim this is standard verbiage but it is nevertheless significant to note that Glorioso and Moorhead were the unlicensed investigators sent into the dentist’s office under the pretense of treatment for dental problems—a practice that appears questionable at best and illegal at worst.
LouisianaVoice will be posting additional stories about the LSBD in the coming days and weeks, including the identities of the LSBD members and political contributions of dental political action committees. We also will be examining various legal cases, some of which are concluded and others that are making their way through the courts, and interviewing dental professionals who have encountered similar difficulties with the LSBD.
Louisiana Voice 
WOW!!! Fantastic research, Tom!!! The Board of Dentistry is far from alone in using Gestapo, Mafia-like tactics, but I have to admit, the actions referenced in this post are unbelievable, particularly the admission of Jimmy Faircloth of the Board’s ulterior motive. These actions give new meaning to the phrase “Kangaroo Court!” Thanks for a GREAT post, Tom, and look forward to seeing the follow-up posts entailing the political contributions. I’m sure they’ll be quite revealing of just what all motivated some of this rouge behavior. I’m also going to call my dentist tomorrow, get his email address, and forward this post on to him!!
Thanks again Tom. I’m very anxious to follow your research into this abuse. Thank you.
Nice article…. once again, corrupt politicians abusing their power. The tax payers are the victims
The simple reality is that many of these Boards and Commissions, such as the Cosmetology Board, are nothing short of Gestapo, Mafia-like governmental entities (http://theadvocate.com/home/8352799-125/story.html). If anyone wants to read the lawsuit itself entailing that Board, here’s the link: http://www.auctioneer-la.org/Cosmotology_lawsuit.pdf. Obviously, if run cleanly and above-board (is that POSSIBLE in Louisiana??), a Board like the Board of Dentistry is certainly very much needed. Many other Boards and Commissions, however, exist for the SOLE purpose of excluding some folk from making a living due to the high barrier-to-entry costs (http://www.abolish-idb.com/designed-to-exclude.pdf). As such, they are merely Mafia entities, and the “licensing fee” is the graft required to be paid each year to do business!! Gov. Jindal won’t hesitate to give “lip service” to abolishing such Boards (http://youtu.be/12g8ui-MsPM), but when it comes to action, he eliminates ONLY Boards that are and have been dormant largely created for a one-time special purpose. In other words, as I said, lip service!! To see a brief video outlining LA as THE WORST STATE IN THE NATION when it comes to these useless Boards and Commissions, watch the video at this link: http://www.ij.org/license-to-work-release-5-8-12. Again, GREAT post, Tom!!
I am the dentist and going through the same. I have asked other dentists and they said they could not do anything other than to bend down.
what you have revealed is the naked truth and no one dared to do that so far.
Good Job
You are only hitting on the tip of the iceberg.
If you would like to hear more please send me your contact info to besaved01@yahoo.com
email me at louisianavoice@yahoo.com with your telephone number and I will call you–probably Saturday.
I’d also be interested in hearing your story. I believe I can help your situation, please contact me at boardclassactionsuit@gmail.com
James, it is not about a politician being corrupt and abusing his power; it is more about dentists being empowered with the dental board to control and destroy their own competition for the benefit of their own businesses. Absolutely unconstitutional and violates every premise that this country was built upon. But you are right, the taxpayers will be the victims when those whose livelihoods and businesses were destroyed by these people. Somehow I understand and validate those who will seek this time or retribution
Nemra, you’re correct about it being dentists being empowered to control and destroy their competition; however, your introductory words of “it is not about a politician being corrupt” is, in my humble opinion, flawed. Who appointed these people? I ask rhetorically because the answer is obviously Gov. Jindal. Furthermore, Gov. Jindal appointed EVERY SINGLE ONE of these dentists: http://wwwprd.doa.louisiana.gov/boardsandcommissions/viewMembers.cfm?board=12. Why are they using Faircloth? Gov. Jindal!! I have said it over and over again. The people you appoint are reflective of who you are as Governor, and in Bobby Jindal’s case, it has indeed been an accurate reflection upon his character. That reflection is a HORRIBLE one as exhibited with the Board of Dentistry, but I can assure you that Board is far from the only one for whom he has made appointments that have engaged in rogue (a word I had a typo on in my first post with “rouge”) behavior. Jindal is a Gestapo-acting, Mafia-like, dictatorial Governor who orders “hits” (i.e. firings) when the Mob boss (him) is crossed even slightly (e.g. merely disagree), and who has no regard whatsoever for the Constitution or upholding business ethical standards. As evidenced by Tom’s post, his Board and Commission appointments are a perfect reflection of him in every way.,
I would agree this is the tip of the iceberg. I believe several board members and agents are in violation of the Hobbs Act and RICO violations. A clear pattern of threatening acts and extortion has been established. It appears to be commonplace on Canal St. Someone could go to jail before it’s over. Thank you Tom for bringing the plight of dentists statewide to the surface. Many dentists have been terrified to speak out.
If anyone has anything to add, please tell Tom. As well, I’m cataloging complaints and can be reached at boardclassactionsuit@gmail.com.
Someone needs to check their facts. All fines are public record on the board’s website and do not account for a fraction of the Board’s operating budget. In my opinion, this reaks of right wing hysteria and is so flawed. Why would we as dentists who fund the board by licensure fees want to pay an investigator a lucrative contract to investigate ourselves? Please> There are few five figure fines in all the years, and in my opinion are well warranted and deserved by a few bad apples in the profession. This is poor journalism at best. The public minutes and documents of the board just do not support these outlandish accustations. What a shame!
gjb
Fines posted are not reflective of attorney and investigator fees.
Unfortunately, I couldn’t provide a DIRECT link for the Dentistry Board’s actual operating results for 2013 (it will take you to a dead page); however, here’s all anyone has to do. Go to THIS link and click on the far right on “Budget” and choose 2014 and “Means of Financing” from the two drop-down menus, and it will provide the ACTUAL figures for FYE 6/30/13: http://wwwprd.doa.louisiana.gov/boardsandcommissions/viewBoard.cfm?board=12. Dr. Blanchette, I don’t mean to be disrespectful, but it takes mere minutes to refute your off-the-cuff remarks. From a fiscal standpoint, I will admit to being VERY conservative (I think most CPAs are), but from a social issue standpoint, I’m about as liberal as you can get. Irrespective of what I’m arguing, however, I like to be able to back up what I relay with facts, and for you to start out with “check their facts” and so easily be made to look foolish doesn’t bode well for your ability to debate based on facts and not emotions. Nobody on this list would want to denigrate the dental profession, but we expect the Board Members who have been chose to represent the profession to be the ultimate professionals of the industry, and these accounts simply are not reflective of those individuals doing so. It’s as simple as that.
Without getting into a prolonged debate on this issue and focusing on personal attacks, I would like to just make one LAST statement on this indictment of our dental board. To personally attack these fine people to advance a political agenda against the governor or whomever is pathetic. What you fail to mention, even though these members are appointed by the governor, they are all nominated by their peers. They are all fine upstanding ethical dentists and hygienist who do the public a good service policing the profession. Btw, fines levied by this board only account for about 9percent of the operating budget. To suggest that the board is primarily funded through fines is just not the case. Although I am or never have been a member of this board and may have taken issue with certain rules and regulations promulgated by this board, overall I totally support these fine people on this board and the immense service it provides to the citizens of this state.
Dr. Blanchette, can you at least follow the simple instructions I gave you (or maybe you did, and didn’t like what you saw)? Go to the Boards and Commissions link I gave you http://wwwprd.doa.louisiana.gov/boardsandcommissions/viewBoard.cfm?board=12, click on “budget,” then choose “Means of Financing” and “2014” from the two drop-down menus and, voila, we see total revenues and fines. If you look at “enforcement actions” (a/k/a fines – it’s the very first non-zero number in the column), you’ll see $441,911 out of a total revenue of $1,615,219 (it’s the last figure on the column). That’s 27.36% (which is a MAJOR source of funding!!!!!). I didn’t make up these numbers. They were supplied to the Division of Administration by the Board of Dentistry!!! You’re more than welcome to “support these fine people” (and publicly saying that may likely shield you from disciplinary action which might otherwise transpire if you spoke out), but you’re doing a poor job of utilizing FACTS (even going so far as to shrink by 70% the amount of reliance upon fines vs. what the Dentistry Board itself reports to the Division of Administration) to buttress your glowing assessment of this Board. Thereby, you’re making philosophical arguments which you don’t support with actual numbers that are accurate. You say you don’t want to focus on personal attacks, yet you refer to me and others as “pathetic” because of my criticism of Gov. Jindal. If you haven’t noticed lately, Dr. Blanchette, Gov. Jindal is in total free-fall in popularity in this State and never remotely gained any traction on the national level. You’re welcome to keep drinking the Kool Aid until there’s not another drop left in the dispenser, but you’re in a smaller and smaller minority of folk clinging to any notion that he’s anyone other than someone who managed to rise FAR above the level of his abilities.
O. K. Dr. Blanchette, let’s take a look at some facts (and I’m a CPA – inactive). Enforcement actions (a/k/a fines) totaled $441,911 for FYE 6/30/13, which constitutes 27.36% of the Board’s total revenue of $1,615,219. Source: http://wwwprd.doa.louisiana.gov/boardsandcommissions/viewMeansOfFinancing.cfm. In accounting lingo, 27.36% is considered a VERY, VERY material source of revenue!!! Regarding your statement of “public minutes and documents of the Board,” unless you’ve examined TRANSCRIPTS of HEARINGS (which are not made readily available – you have to go pull the INDIVIDUAL dentists’ files to see that), you’re not going to learn a cotton picking thing from any website or otherwise. You’re paying your Executive Director $150,000 ( http://wwwprd.doa.louisiana.gov/boardsandcommissions/viewEmployees.cfm?board=12), or nearly 10% of your gross revenues, so why would your colleagues hesitate to line the pockets of investigators and attorneys, especially if you “make a little noise” about it, you’ll find yourself appearing before these Gestapo enforcers probably faster than you could EVER imagine!! O. K. Mr. Blanchette, shall we have your next “factual” challenge please, Dr. Blanchette (and not just some off-the-cuff speculation on your part supplying no link WHATSOEVER to back up that speculation)???
Gary Blanchette, they are two type of dentists in Louisiana: those who bend their back or who stand to fight the corruption. It is obvious where you belong. People like you make the system corrupt.
The problem starts from the board member districts, the local mafia. The selected board member enjoys unlimited referral with tenfold returns and in return it provides protection. When you are friends with a board member, you get special board treatment and remedies of your complaints. When you are are not and do not bend down you pay five-figures penalties. Check the Louisiana State Dental Board bulletin for last 10 years. You will find that different dispositions for the same dental practice act violation codes.
Mr Blanchett must live in a bubble. The Board does not specify the amount of the ‘board’s reimbursement fees’ when the cases are published. Often these ‘fees’ are several times the amount of the fine. What’ s hilarious is the biggest crook, Barry Ogden never advised dentists on correct advertiseing (until they were fined) until he retired and guess what… Started a consulting firm to help dentists with their advertising. Give me a break!!! Call in the FBI already.
The State Medical Board isn’t far behind. The Medical Board is able to force physicians to comply with their demands, even if their demands are unreasonable by ordering the physician to stop practicing medicine until the “complaint” is resolved. However, the “complaint” won’t be resolved until the Medical Board decides it is resolved and most physicians are unable to hold out very long because they are having to pay their overhead while they wait on the Medical Board. If you are thinking the Medical Board can be held liable for these actions, think again. Practicing medicine is a privilege and judges routinely side with the Medical Board against physicians even when the Medical Board is obviously wrong. (Unless the physician or dentist can prove their Board has a personal vendetta against them and that is next to impossible to prove!) That isn’t to say the Medical Board should be dissolved. The solution lies with the individual members of both the Louisiana State Medical Society and the Louisiana State Dental Society. Legislators have given physicians and dentists the ability to police themselves, however by not getting involved, these medical professionals have allowed a small minority to create and enforce the very rules, policies, and procedures that may one day be unfairly used against them.
As for the right to practice medicine being a privilege, the 4th circuit court of appeals disagrees in overturning a 2010 LSBD revocation. A dentist has a constitutional right to earned property (his license) that cannot be taken away without due process. According to many, many accounts this is contradictory to the way the LSBD has operated for the last 2 decades.
If anyone would like to read a recently (December 9, 2013) Federal lawsuit of Schaffer v. Louisiana Board of Dentistry et. al., here’s a direct link to do so: http://www.auctioneer-la.org/Schaffer_v_LA_BofD.pdf. The pleadings relay that Dr. Schaffer, who is Jewish, was told by one of the three members of his adjudicatory panel, Dr. Conrad McVea, that, “I could not be expected to comply with professional standards because I had not accepted Jesus Christ as my personal savior.” Dr. Schaffer filed pro-se and seeks $3.25 million for lost income while unable to practice as an oral and Maxillofacial Surgeon for 13 years. He may have Statute of Limitations issues, but I guess at least it gets his side of this story out in a forum of public record.
Who knows whether Dr. Schaffer’s pleadings regarding Dr. McVae’s alleged statement that Schaffer “could not be expected to comply with professional standards because I had not accepted Jesus Christ as my personal savior” are accurate or not, but it is interesting that, in announcing McVae’s appointment to the Board of Dentistry (of which he is NO LONGER a Member), Gov. Jindal would tout McVae being a “Deacon at First Baptist Church” in Franklinton, Louisiana: http://gov.louisiana.gov/index.cfm?md=newsroom&tmp=detail&articleID=836. If what Dr. Schaffer pleads is accurate regarding McVae’s alleged comments, Louisiana is darn lucky it hasn’t been drained of all its cash reserves with such asinine comments coming from Jindal appointees!!
There is no good reason to hold a licensee responsible for investigatory and legal fees of the board. This creates an unlevel playing field in which the board my simply run up the fees in an effort to persuade the licensee to settle. Many times dentists have signed something that is a complete falsehood simply to get it over with and mitigate their costs. Nevada did it to me. The public and the profession would be better served if the state would just pay this. That’s the way it is done here in Montana. Governors appointing and reappointing board members is a problem. It’s almost like the board belongs to these dentists and not the people of the state. The good old boy system is alive and well in state licensing boards. Sometimes they protect those that deserve punishment and sometimes they persecute those who do not. I hope that the Lousiana dental board gets exposed for the criminal organization that they are and it makes national news.
Here are some real life news.
1. Camp Morrison has been under investigation by the Louisiana private investigator counsel.
2. Brain Begue has been under investigation by the Louisiana disciplinary Bar counsel.
3. Louisiana ethics Board has a compliant against board to be heard in April of 2014. But so far we have only raised the issue. I will encourage you all to also file complaints with Louisiana Ethics Board on violations of Dental Practice Act and other unethical practices.
4. I will also encourage to write to your legislators for abolition of investigating fees by the Louisiana Dental Board to have fair investigation.
6. LSBD Executive director Burkhalter has resigned.
7. We have four lawsuits against LSBD and there may be more.
Folks Do not worry about Russia/Ukraine and USA that does not affect your life but this does.
Is it public knowledge that Peyton Burkhalter has resigned?
I just called the State Board of Dentistry and asked if the Executive Director position was presently occupied. I was placed on hold. When the young lady returned to the phone, she said, “Not sure how to answer that. I can have him call you.” I responded in relaying that, if Mr. Burkhalter is still holding the position, that’s all I was interested in finding out.” Her response: “He’s still here.” I didn’t come right out and ask if he had resigned, so people who read what I just wrote above can make the best determination they can based on my phone conversation. If in fact he did resign, it obviously wasn’t effective immediately.
It is common knowledge. It’s been sourced to former board members, former employees, and Mr. Burkhalter himself. Mr. Burkhalter has supposedly stated that his last day was Friday after the board meeting. I have no idea if that has changed or what the staff has been instructed to say. The heat has definitely been turned up.
The truth is in 2009, I was asked to pay $2500. In 2013 Brian Begue sent me a bill of over $25,000 with CD. That’s how the game goes on and on. Someone has to pay for Brian Begue and the Board. But I have decided to stand for the truth and not play with the “Good Old Boys” rule.
I wonder lf the board members and their friends and family ever get complaints and get investigated. I think they are GOD and they don’t make mistakes.
What galls me is that Dr. Blanchette now disappears from the discussion. You don’t get $441,911 in fines in 12 months (that’s $37,000 A MONTH, or over $1,000 A DAY!!!) from just “small dollar fines with almost none in five figures.” He knew darn well he’d been pummeled by the facts, so off he goes.
Dr. Moritz, you hit the nail on the head!! I want to repeat your quote: “Sometimes they protect those that deserve punishment and sometimes they persecute those who do not.”
That’s certainly the case for a few other Boards and Commissions in Louisiana, and I have a feeling Tom will be alerting us to those situations soon as well. I hope the Board of Dentistry goes broke paying legal fees (and it sounds like they will). If the Executive Director has resigned from a $150,000/year job, there’s the proof in the pudding. Likely he would struggle to make $50,000 a year in the private sector!!
More evidence that all is indeed FAR from well at the LSBD: Let’s consider the the August 13, 2013 meeting. Dr. Conrad McVea, who allegedly informed Dr. Schaffer that he could not uphold professional standards since he “had not accepted Jesus Christ as personal savior” (see page 5, 2nd paragraph up from “DEMAND” at this link: http://www.auctioneer-la.org/Schaffer_v_LA_BofD.pdf), is listed as a Member and as Secretary-Treasurer and responsible for signing the minutes for that meeting: http://www.lsbd.org/MeetingMinutes/MinutesAug2013.pdf. Since that time (8/13/13), however, his Membership has obviously been severed as evidenced by the current listing of Board Members: http://wwwprd.doa.louisiana.gov/boardsandcommissions/viewMembers.cfm?board=12.
Bobby Jindal must have to search high and low to find just such a collection of Mafia nutcases (and Sam, I’m glad to finally see someone else use that characterization of a Board — expect to see it much more about another Board and its Mafia similarities in the very near future!!).
The 2013 reference is to Chip McVea (Conrad 3). He took his father’s place on the board. However, the apple does not fall too far from the tree. He is carrying out an old family tradition.
Thanks for that clarification, DG. I bet one of those “family traditions” is maximum-level campaign contributions to Gov. Jindal. I’m sure Tom will enlighten us if that turns out to be the case. It’s almost hysterical to see the extent to which Gov. Jindal is so willing to permit his appointees to make an utter fool of him by their actions merely because, when the appointments are made, they look to ensure adequate financial support was provided to the campaign, and voila, no matter how STUPID they can be (and apparently be totally ignorant of the Separation of Church and State so as to disqualify a dentist for not having “Jesus Christ as personal savior”), they’re appointed. I have no idea how anyone can graduate from college, be smart enough to obtain a dental license, and yet be THAT ignorant of basic high-school-level civics!! Perhaps they’re not that ignorant but feel they have the ultimate power “from on High” (Jindal) and can therefore do as they darn well please. It would actually be comical if it weren’t for the fact these people are playing around with people’s livelihoods!!
The LSBD targets most of the minority owned dental Clinics, the problem starts from the LSU dental school where in last 10 yrs less than 10 African american dentist has been graduated. If minority dentist is employed, you are left alone, If you own dental clinic, it is perceived as threat to the competition to good old boys club. The ratio is 70 to 1. No wonder when you look at the LSBD yearly bulletin, most of the outrageous fines and punishment is to minority dentist. We have shortage of dentist in Louisiana and none of the minority dentist want to open practice in Louisiana. well it dose help the good old boys club in billion dollar dental industry.On the name of public service board and the politicians have to have their share of money one way or other always has been Louisiana way. the governor Boby Jindal has its share too as campaign contributions from theses dentist and LSBD, that’s why he has turned his back with this issue, has been raised many time by his constituents and citizens of Louisiana.
I stand by my earlier comments. If physicians and dentists do not start getting involved in their local and state wide professional organizations, these Boards will continue to intimidate and punish those who aren’t politically protected!
Unfortunately, the LDA was complicit in helping the LSBD get new legislation passed in 2012. HB349 introduced by Herbert Dixon, passed by the legislature, and signed into law by Jindal.
1. Enabled the LSBD to pay the defense of any agents of the board as long as the AGs office declined
2. Made dentists responsible for ALL investigatory fees if they were found guilty of ANY violation of the dental practice act.
There is, however, indication that the board may have misrepresented the intent of the bill to the LDA to garner support. This can be seen in the LDA’s call to action email in 5/12.
That is exactly my point. I am a retired pediatrician. While in practice I was not as involved in medical society meeting as I should have been. When I did attend the meetings, there was never more than 10 percent of the members present and a large percentage of those were either retired or semiretired from practice. My excuse at the time was, “I am too busy and no one shows up anyway.”
If physicians and dentists want to have a say in the future of their profession, then they need to not only join, but become vigorously involved and ATTEND their local and statewide professional and association meetings.
LDA is in bed with LSBD, We have have first hand experience. LDA and all local chapter supports the LSBD. The local Mafia starts from the member district level and goes up to the canal street. Do not forget these are the same board member run the canal street.
I wonder that, none of the LDA and local chapter association is a part of this discussion. I wonder do they support illegal extortion on the name of public service of the LSBD or they are in bed with them. The third options is every one is afraid of the LSBD. Mr Aswell has not done this for himself. He has no benefits out of it. Yes shame to all the dental association and dentists in Louisiana, you read Mr Aswell work, and do not comment on it or appreciate his work. He is fighting for you. Mr Aswell you are my hero of true journalism. I would encourage to donate money to Mr Aswell rather than pay money to the corrupt LSBD and their attorney acting as agents.It is very obvious Mr Begue and Mr Faircloth has first created this system and later they gave themselves the raise. Under legal protection from the board, A perfect marriage of financial multiplication, increase the charges to poor dentist by any kind of illegal impermissible investigation will increase the fine to the board, Mr Begue or Mr Faircloth will get paid any way for their extra work according to La law. Then every one gets its share, last 15 yrs of LSBD Bulletin has never mentioned how much of this undisclosed amount of money each and every dentist has been paid to the board. Mr Aswell and we are behind this money, how does this money gets divided. How much of this goes to senator or governor as these are the same people he elects them every time.This time governor is Bobby Jindal is an Indian, No way all the Board members are related with him except McVea, Mr Jindal and Mr McVea may be going to same church. Well every ones knows that Mr Jindal run his office from Churches in Louisiana.
Interestingly Mr Begue had got response from the La ethics board on sept 24 2013, docket no 2013-1074, Where Mr Begue and LSBD members had denied to be a lobbist to La senator or campaign contribution, as LSBD and their board member still fall under the employee of Louisiana. He had tried to make this official but there is always Louisiana way.
The more anyone researches this whole matter, the more in disbelief one becomes. O. K. Anyone care to guess what Dr. Schaffer’s costs of defending the LSBD action was? $217,852.13!! Yet they assessed him NO FINE. O. K. That forces him to file bankruptcy. The bankruptcy court relays that, since the debt is owed to a governmental agency, it is not dischargeable!! So, Dr. Schaffer is forced to file an appeal of the Bankruptcy Court’s ruling to the 24th JDC in Jefferson Parish, which upheld the Bankruptcy Court’s ruling. Next step? Dr. Schaffer has to file an appeal to the 5th Circuit Court of Appeals. Everything hinged on whether any portion of the $217,852.13 was assessed as a fine. The LSBD argued that, while it did not assess a “fine” against Dr. Schaffer, the intent of loading him down with all those costs was “punitive” (gee, you think?????????) and was thus a sort of quasi fine. The 5th Circuit disagreed, reversed the 24th JDC’s ruling and remanded the case back to the 24th JDC consistent with the U. S. 5th Circuit Court of Appeals’ ruling. God, maybe Louisiana is the ultimate Banana Republic State. This is unbelievable!! The link for all I relay above is here if anyone wants to read it: http://caselaw.findlaw.com/us-5th-circuit/1267219.html.
One other thing. Obviously sensing how stacked the deck would be if Brian Begue and his law firm were utilized by the LSBD, Schaffer requested that the LSBD disqualify Begue and his firm. Obviously, the LSBD denied the reqyest. So, Dr. Schaffer filed a Motion to have Begue and his firm disqualified in District Court. The Motion was denied. Next, Dr. Schaffer appealed to the State Appeals Court, which upheld the District Court’s ruling 2-1. Next, he filed an appeal to the Louisiana Supreme Court, which reversed the Court of Appeal’s ruling and, by a vote of 2-1, disqualified Begue and his firm. Well, no doubt this REALLY, REALLY got the LSBD P/Oed and forced them to hire an attorney OUTSIDE of the “LSBD Mafia Family” (and likely was as much of a factor, if not more so, than Dr. Schaffer, who is Jewish, “not having accepted Jesus Christ as your savior”), leaving him with no chance whatsoever of prevailing at an ultimate Kangaroo Court proceeding. If anyone wants that link, here it is: http://www.leagle.com/decision/19991347745So2d602_21241. This is SICKENING!!!!
Well then, why isn’t the Inspector General’s Office not investigating the board? There is apparently wrong doings going on. And if the Board is on the up and up, why doesn’t the Attorney General’s Office defend them in court instead of them having to pay a law firm such as Faircloth’s?
Very simple answer!! The Inspector General’s Office is NOT (repeat NOT) an independent agency. The IG’s Office reports DIRECTLY to Gov. Jindal, and if you think for one second they’re going to issue a report (which, for the record, Jindal has to approve) lowering the boom on Jindal’s appointees on a Board, you’re living in a dream world!! As for AG Caldwell’s Office, they don’t have the manpower to represent all the State agencies in court (WAY too many lawsuits). Hence they subcontract out to private firms. Apparently, Buddy Caldwell has no qualms about letting Gov. Jindal’s good friend Faircloth be enriched off this particular Board and many other State agencies. The sad part is I’m starting to have serious reservations as to whether these law firms truly give a darn or now what the outcome of the case is as long as the billable hours for defense are maximized. It’s all a formula ripe for political corruption and abuse, and that’s EXACLY the scenario that is playing out and will CONTINUE to play out unless and until there is Federal intervention (FBI). You can FOREGET a State agency going after another State agency with any degree of teeth at all irrespective of how grievous the corruption in which they’re engaging.
This is so like the rich!! Very greedy and inhumane!!! They’re always trying to get someone’s hard earned dollar!!! I really despise them. The rich gets richer and the poor gets poorer. It’s very disheartening to hear this. I really like my dentist. I’ve been with him for 20 years! I would really hate to hear that this is happening to him.
Unbelievable!!! I am so glad I came across this interesting aspect of our “trusted LSBD”. It certainly gave credence to my thoughts. Having dealt with the board, I can attest to their arrogance and self righteousness. It’s quite nauseating.
I was fined 20,000 for an action I HAVE DIRECT PROOF AGAINST yet they threatened my license if I didn’t sign the consent decree admitting guilt. I was then thrown into a demeaning and practice-crushing probation under which I suffered great physical and economic loss. UPSTANDING FINE board members? Give me a gigantic break.
So happy to see LSBD practices unveiled.