Jan. 19, 2014
I have included a message that I sent to the attorney general regarding the Oregon Medical Board. One of the things I’ve learned about business from my class at BYU-I is that change starts with us. We must take the initiative to start change. Nobody else can we expect to implement change for us. We must start today. And so, I have begun initiating the process of establishing reform for the Oregon Medical Board. My feeling is that physician advocacy needs to transform the practice of medicine entirely. The first way for us to change the medical board is to bring to light the anti-trust problems and the corruptions that are tearing the practice of medicine apart. There is a reason that I left the study of medicine to become a software engineer: The practice of medicine is collapsing, and until we hold the appropriate individuals responsible for destroying this field, never will we see the light at the end of the tunnel. Justice cannot rob mercy.
Office of the Attorney General, Oregon Department of Justice
1162 Court Street NE
Salem, OR 97301
Cc: Alan Bates
Cc: Elizabeth Steiner-Hayward
Cc: Jeff Merkley
15 Jan 2014
Request for Production of Publicly Held Documents
By the authority of ORS 192.420, pursuant to ORS 192.470, I, Devin G. Bost (the undersigned, request the Attorney General (or District Attorney of Multnomah County) to order the Oregon Medical Board (OMB) (or Health Professionals Program) and its employees to (make available for inspection) (produce a copy or copies of) the following records:
- The audio transcript of the public session of the Oregon Medical Board meeting dated 1/10/2014.
- Any documents containing allegations or investigative materials wherein my name, or any information pertaining to myself, was used, referenced, referred to, alleged, stated as fact, cited, or used in any other way, shape, or form. When considering whether or not this information is subject to disclosure, remember that I am not a licensee; nor will I ever desire to become a licensee of this board; therefore, any information involving myself, in consideration of the statements herein (section 5 of this request for information), should be subject to disclosure.
- A list of the following chronological entries from 1/1/2007 to-date of:
a. OMB disciplinary licensee substance abuse evaluation, screening, treatment, pre-approval(s), and/or other forms of referral(s), such that an entry must contain (as a minimum):
i. The name of the facility, business, individual, or legal entity to whom the licensee was directly or indirectly referred to;
ii. The date(s) of the referral(s) and/or OMB pre-approval(s);
iii. The number(s) of the licensee(s) whom the Board mandated such evaluation, screening, treatment, pre-approval(s), and/or other forms of referral(s); including, but not limited to, formal, informal, voluntary, and/or other forms of Board action or discipline that required the involvement of any third party;
iv. The name of the state in which the specified facility is located, as well as the address (if available) of the specified entity.
b. To the extent that the information requested heretofore is considered conditionally exempt from disclosure under ORS 192.501, the exempt portions shall be substituted with a “condensation from the record of the significant facts that are not otherwise exempt from disclosure,” pursuant to ORS 192.423. Furthermore, if any sub-section(s) of this request are unlawful to disclose, the remaining sub-sections of this request that are not subject to exemption from disclosure shall remain in full force of law.
4. To the extent that the individual records from sub-section 1(a)(b) of this document fail to meet the burden of what is safe to disclose as public information, please provide the requested information in an aggregated (i.e. condensed) form, pursuant to ORS 192.423, such as the following:
a. A data table, spreadsheet, or grid-view containing these columns:
i. The date of the action;
ii. A non-identifiable unique numerical ID (i.e. integer-valued primary key) to represent the physician involved in the licensee action (if available) without disclosing personally-identifiable information;
iii. The legal name of the entity to where or whom the licensee was referred, by any effect or form;
iv. The address of the entity to where or whom the licensee was referred.
5. On the condition that one or more sub-section(s) of this request, if any, shall be denied, any and all such denials shall invoke (upon the agency involved in the denial) the burden of sustaining such action in accordance with the requirements of ORS 192.450, such that the burden of any such denial(s) must outweigh the following reasons for this public records request:
i. The requester has evidence in support of concerns that specific forms of unlawfully anticompetitive behavior is occurring, with or without the knowledge of some or all of the members of the Oregon Medical Board;
ii. The specified anticompetitive activity is presenting a threat to the safety and pursuit of justice of the members of the State of Oregon;
iii. The requester has credible evidence that reveals the knowledge of the specified anticompetitive activity has been intentionally withheld from members of the Oregon Medical Board;
iv. The requester has further evidence indicating that members of the Oregon Medical Board have been presented information that was willfully and deliberately manufactured, under penalty of perjury, for the purpose of misleading members of the medical board, deceiving state officials, and suppressing discovery of the criminality of the specified misconduct;
v. The requester has information suggesting that the specified attempts to defraud the Oregon Medical Board may involve conspiracy between the specified individual(s) and specific organizations that have conducted business with the Oregon Medical Board;
vi. The requester has reason to believe that the specified organizations may be aggravated to conceal information of the specified fraudulent actions in an attempt to conceal illicit financial incentives;
vii. The requester has reason to believe that one or more members of the Oregon Medical Board may have unknowingly participated in the specified illegal misconduct without fully realizing the false pretenses under which the particular activity was instantiated;
viii. The requester has concern that the individuals involved in the specified misconduct may attempt to subvert the judicial process by impeding the release of information containing evidence that will assist in the discovery, arrest, and conviction of the specified individuals for the specified offenses;
ix. The requester has reason to believe that one or more of the individuals involved may have exploited their position(s) to gain access to controlled substances for illicit commercial purposes;
x. The requester testifies that the heretofore specified truths are endangering the Oregon Medical Board’s ability to safely regulate the practice of medicine;
xi. The requester has credible information that reveals that some of the heretofore specified tampered evidence has transgressed into civil proceedings, in direct violation of ORS 676.175 (7).
xii. The requester’s information suggests that one or more member(s) of, or affiliates with, the Oregon Medical Board have knowingly engaged in public disclosure of tampered information;
xiii. The requester’s information reveals that in at least one instance, whereof one or more member(s) of the Oregon Medical Board knowingly or unknowingly participating in the alleged criminal misconduct, members of the Oregon Medical Board were caused to depend upon information that originated from a bribed witness;
xiv. Therefore, I, Devin G. Bost, respectfully request that this request be swiftly answered in the pursuit of liberty and justice for the citizens of the State of Oregon, in consideration of the following:
- The information requested heretofore is useful for demonstrating the efforts by the Oregon Medical Board and Health Professionals Program to the legislature for improving the transparency of the State of Oregon and the Oregon Medical Board.
- In the event that a fee must be established for the purposes of answering this request, it is hereby requested that notification be provided if the fees shall be expected to exceed the cost of ten thousand US dollars ($10,000). The undersigned individual agrees to pay for the requested documents. However, to the extent that the Attorney General agrees with the public value of disclosing the requested information, I respectfully request consideration for fee reduction or waiver under ORS 192.440(5).
- I am requesting consideration of the fact that much of the information requested herein is not exempt from the disclosure requirements of ORS 192.501, ORS 192.502, ORS 192.493, ORS 192.596, or related subsections of the Oregon Revised Statutes when presented in the numerically condensed format as described in section 2 (of this document). Due to the implications of the allegations involved, individuals assigned to fulfill this request need to be aware that failure to disclose the requested information may be subject to the enforcement provisions of ORS 192.680 and 192.685.
Devin G. Bost