Medical Practitioner’s Legal Defense

If you are also presently being investigated by a licensing board, you will want to ensure DUE PROCESS and ensure your constitutional rights immediately. There is a high degree of probability that your rights have been violated and therefore you will want to initiate action to terminate their action against you with favorable results as soon as possible. ProAdvocate Group can provide the expertise and next steps for implementing strategies that have not been obtainable through conventional defense procedures.

If you have received a final suspension, restriction, probation or other miscellaneous sanction concerning your license from a State Board of Medical Examiners, the Board’s entire investigation, proceedings and final determinations against you MAY BE TOTALLY ILLEGAL and in violation of your due process of law, violation of your right to equal protection under the law and further violations of your civil and constitutional rights. Thus, we can help you eliminate and terminate any suspension, probation or other sanction you may have at this time.

ProAdvocate Group has thoroughly researched the Licensing Acts, Administration Procedures Acts, along with State and U.S. Constitutions. Our association has determined that in many investigations, licensing boards have not complied with and are in violation of their own Licensing Act, State Constitutions, the U.S. Constitution and Supreme Court rulings, thus leaving them without jurisdiction, venue and authority to investigate or take any action against you. The courts have ruled that an administrative agency or board that fails to follow its own laws, regulations and rules cannot enforce any sanctions and does not have authority to act. THE LAW IS CLEAR ON THIS ISSUE.

A licensed medical practitioner may desire to review and appeal a prior determination that resulted from a settlement agreement or hearing and withdraw a past agreement to settle. This gives the practitioner the opportunity to eliminate any sanctions or continuing probation and clears or expunges his/her record. The sanctions and violations against a practitioner are a matter of public record and may be seriously creating a taint or hindrance causing the practitioner loss of prospective patients and income.

There are procedures and rights under the law that provide defenses against questionable or unjust licensing board practices, but you must be willing to spend the time and reasonable expense to acquire the knowledge and execute the procedures and strategies for success. You cannot depend solely on the legal profession to accomplish the desired results.

We are passionate about and committed to this issue. It is a critical concern for the ongoing viability of your practice and the medical community as a whole. We want to help, and we can help. Contact us for additional information and learn how we can move forward in sharing our program and process that will establish a new direction in defending, protecting and safeguarding the future of your practice.

ProAdvocate Group is a membership association whose primary objective is to assist our members with establishing their respective “private membership health associations”. We use the protection of the Right to Associate provided by the First Amendment to the United States Constitution to form private membership self-help associations that are not open to the public, do not affect a public interest, and whose activities are inherently benign enough to exempt them from regulation by the states’ policing powers when services are not offered to the public.

If a group of persons wishes to avail themselves of the benefits of holistic or alternative health and wellness techniques such as herbs, homeopathic, massage and body-work, magnetics, ozone, acupuncture, nutrition, polarity and energy manipulation and numerous other systems, etc., then they can, within the confines of a bona fide membership association, do these activities that would otherwise be regulated pursuant to various licensing acts under the states’ policing powers when done with members of the public.

The ProAdvocate Group offers a conference in which we give the “Book, Chapter and Verse” of the law concerning licensing and the states’ policing powers, and all the seminal U.S. Supreme Court decisions that prove this is the safest way for a licensed physician to get involved with many “natural alternative treatments” outside the auspices of his/her licensed practice without being exposed to the threat of discipline from respective licensing boards. This seminar also gives an in-depth education on licensing board disciplinary actions that no attorney would ever dare give you.

Eight (8) Reasons Why you as a Medical Practitioner Need a First and Fourteenth Amendment Private Medical Membership Association

1.) Eliminate Illegal Investigations and Sanctions by your Licensing Board.

2.) Practice Medicine in your chosen area without paying outrageous malpractice insurance premiums.

3.) Practice Medicine in your chosen area with less risk of malpractice lawsuits and claims.

4.) Practice Medicine without the burden of strict compliance with the Federal HIPAA Laws.

5.) Practice Medicine without the burden of compliance with the Federal Laws dealing with the protection of the public.

6.) Maintain privacy of business and financial affairs.

7.) Practice alternative medical modalities without fear of discrimination and sanctions.

8.) Maintain more freedom and control of your chosen profession.

You as a health or medical practitioner can experience the same peace of mind and legal protection to practice your chosen area or calling without interference or sanctions. If you continue to operate or offer your services to the public and perhaps are selected to be made an example of how the state is “protecting the public,” you presently have no defense and will not prevail even if you could afford to pay huge legal fees.

The Legal Backup for the 1st and 14th Amendment Private Medical Association.

1.) Common-law Legal Entity—The principle of common-law is that you can do anything except what the law specifically forbids. Common-law is the basis of the legal system of the U.S. and almost all States.

2.) A Common-Law Legal Entity is regulated by its contract articles, not by Statute.

3.) Constitutional Right of Freedom of Association—under 1st and 14th Amendment of the U.S. Constitution and equivalent provisions of the State Constitution.

4.) The law distinguishes between Public and Private.

5.) Police power regulation only applies to protection of the Public.

6.) Liberty Interest of the 5th and 14th Amendments of the U.S. Constitution—and equivalent provisions of the State Constitution concerning the right to exercise a private contract.

7.) Constitutional Rights—Must be broadly construed and interpreted. Association rights are not confined to any field of human interest.

8.) Prohibitions of Statute—Must be strictly construed or interpreted. Anything not specifically mentioned is excluded.

9.) Prohibition Against the State Impairing the Obligation of a Private Contract—Art. I, Section 10 of the U.S. Constitution and equivalent provisions of the State Constitution.

10.) Upheld by Numerous U.S. Supreme Court Decisions—These are the Supreme Law of the Land.

ProAdvocate Group Presents a One Day Conference on Health Practitioner’s Membership Association.

Learn:

1.) How a health practitioner can form a private Membership Health Association to provide his fellow members (formerly patients) with alternative treatment modalities with complete and total protection from state licensing boards.

2.) How a health practitioner can provide services to the public as a licensed provider under the jurisdiction and regulation of the state licensing board and/or provide services as a member to fellow members of a private Membership Health Association not be subject to the regulation and jurisdiction of the state licensing board.

3.) How a private Membership Health Association provides legal privacy.

4.) How the state licensing boards operate under inquisitional due process instead of constitutional due process.

5.) Why once you are targeted by your licensing board, your license will be terminated, and why no appeals court can save you.

6.) The new strategy of how to handle an investigation and hearing before the state licensing board concerning your practice and how to survive with minimum expense and discipline.

7.) How to save up to $100,000 or more in legal fees by utilizing and exercising your rights under the law without the assistance of an attorney.

This seminar includes a 120 + page syllabus entitled, “Legal Treatise for Health Practioner’s Membership Associations”. This syllabus gives book, chapter and verse of the law to back up the aspects and advantages of a Membership Health Association.

This seminar was designed for any health practitioner that has past, pending or future potential problems with any state licensing board. This conference is the answer for any health practitioner or any unlicensed discipline seeking protection from prosecution for unauthorized practice of medicine etc. Whether you are a medical doctor, osteopath, dentist, chiropractor, acupuncturist, homeopath, naturopath or nutritionist, this conference will show you ways to make use of the various advantages of a private Membership Health Association.

Attention: All Healthcare Practitioners

You can now legally practice your alternative medicine profession in a First and Fourteenth Amendment Private Health or Medical Membership Association. This means that your association is outside the jurisdiction and authority of all state and federal agencies and law enforcement authorities. This right is not absolute, but your association would have to be operating in the realm of a clear and present danger of substantive evil in order to trigger even an investigation.

In other words, there should be no concern of being subject to an injunction or criminal charges of practicing medicine without a license by law enforcement when practicing your profession within a Private Health or Medical Membership Association with only private members, not public patients or clients. In order to understand why a Private Health or Medical Membership Association should work for you, a couple of legal principles need to be understood.

In the public domain, a person who advises another that his legal rights have been infringed and refers him to a particular attorney has committed a mala prohibita felony crime in the State of Virginia. But in the private domain of a First Amendment legal membership association, the state, “…in the domain of these indispensable liberties, whether of…association, the decisions of this Court recognize that abridgment of such rights.” N.A.A.C.P. v. Button, 371 U.S. 415 at 421. The “modes of…association protected by the First and Fourteenth (are modes) which Virginia may not prohibit. N.A.A.C.P. v. Button, at 415. In other words, a private mode or domain is protected and is a different domain than a public domain. What was a mala prohibita felony criminal act in the public domain became a legally protected act in the private domain or private association. A mala in se crime is not legally protected in the private domain or private association. This means that you can practice medicine without a license within your Private Medical Membership Association of private members!!!

An understanding of the difference between a mala in se crime and a mala prohibita crime is important. A mala in se crime is a “crime or evil in itself,” e.g. murder, rape, bank robbery, etc. even under common-law. A mala prohibita crime is not a “crime in itself” but is only a crime because a state legislature or federal congress makes it a crime for the public welfare. For example, the federal government or a state may decide to license a certain profession that was legal to do before licensing. After the licensing statute, a person who conducts that profession without a license could be charged with a felony criminal offense for practicing without a license.

Also, the private domain is referred to as a “sanctuary from unjustified interference by the State” in Pierce v. Society of Sisters, 268 U.S. 510 at 534-535. And as a “constitutional shelter” in Roberts v. United States, 82 L.Ed.2d 462 at 472. And again as a “shield” in Roberts v. United States, supra at 474.

In addition, the U.S. Supreme Court in Thomas v. Collins, 323 U.S. 516 at 531, specifically refers to the “Domains set apart…for free assembly.” The First Amendment right to association creates a “preserve” in Baird v. Arizona, 401 U.S. 1.

The private domain of an association is a sanctuary, constitutional shelter, shield, and domain set apart and a preserve according to a number of U.S. Supreme Court decisions.

Again, your Private Medical Membership Association of private members is in the private domain with the protection of numerous favorable U.S. Supreme Court decisions with none to the contrary to date.