Letter to Representative

Hello Julianna & Senator Prozanski,

Thank you for taking the time to get back with me, and for sharing what the OBME wrote in their letter.
However, I'm already well aware of the Board's alleged claims against my father, both from this current situation as well as the prior situation in 1995.  It's good that you're willing to hear the Board's side of things. Part of investigating a matter is to hear both sides of it. Now my question for Senator Prozanski's office is, are you willing to hear the other side and take 10 minutes to talk with my father and/or his lawyer?
Here is their contact information:

Attorney William Wheatley
http://www.jaquawheatley.com/
Office 541.686.8485
Fax 541.343.0701

Dr. Gambee's office: 541.998.0111
Cell: 541.521.9426,
His wife's cell 541.521.9427
The Board has stripped my father of the means to work and to support his family (He has already raised 12 children, and recently adopted 3 more, all of junior high age of younger). Then they delayed his hearing for 7 months, despite their claim of an "emergency suspension".  I'm sure he can find 10-15 minutes that he would be more than willing to give you so you could hear the other side.  The OBME is a State Agency, and therefore under the direct supervision of the State Legislature. If we are unable to appeal to your office, who are we to appeal to?

The last time this happened, the State Legislature told the Board to "leave Dr. Gambee alone and stop the witch-hunt."  Those are the State Legislature's words, not mine or Dr. Gambees. This law was put in place specifically because of the Board's treatment of Dr. Gambee.  However, the Board is now thumbing their collective noses at the State Legislature and completely ignoring Oregon State law put in place after the episode in the mid-90's. 

Why? Because no one is holding them accountable or responsible, so they continue to do what they've always done.

You see Mr. Senator, what the Board does is to say to a Doctor, "Agree to this or we will revoke/suspend your license."  It isn't a matter of discussion.

As you're probably aware, most of the time in the medical world, Doctors do not always agree on a treatment for a particular malady, disease, etc. Ask anyone with Lupus, depression, arthritis, prostate cancer, etc. This is a positive thing and leads to innovation and new discoveries in all fields of medicine.
My father's case has NEVER been an issue on ethics, substance abuse, sexual abuse, etc.
If it had been any of these, he would still be practicing because the Board is quite lenient with Doctors guilty of these offenses. 

I would be more than happy to give you actual examples if needed.

It has always been about a difference of opinion on how to treat.  My father's approach has always been
substantiated by medical literature....just not literature the board members are willing to objectively review.
(such as the New England Journal of Medicine)  The board order of 2009 was not violated. The board did a sloppy, incompetent, slanderous review of the charts submitted.

Even if their review had been accurate, he was still in compliance with the amended Medical Practice Act (1995)  and it's definition of an "Alternative Medical " practice  ORS 677.190(A).

The board has ignored this change in the law.  There are several doctors in the state who agree with what he has done.   The board has never accused Dr. Gambee of harming anyone, nor has there ever been a patient complaint of being harmed  in over 30 years of practicing medicine in Oregon.

The board then did a "No Notice" review of Dr. Gambee's charts in July.  (which he had to agree to in order to continue practicing).  Based on this review, they issued an emergency suspension....the ALLEGED violations were as follows:

1. Failing to do a blood test for thyroid. This is not true, tests were done and documented,  and readily available to see on his charts.

2. "Failure to do a prostate exam"....FALSE! 

In both cases, the chart notes clearly document that a prostate exam HAD been done in June 2010.
It is interesting that the investigation regarding testosterone therapy began in 2008 based on an investigation instigated by a former chairman of the board of med examiners. That doc complained to the board because he knows little or nothing about current medical literature regarding testosterone therapy.

In 2008, a board consultant told the board that Dr. Gambee was "grossly negligent."   Yet, the board did nothing at that time. The board did not contact Dr. Gambee or ask him  anything about this charge of negligence and he has not had an opportunity to review this consultation.  And now all of a sudden, 2 years later it is an emergency?  So, while awaiting the hearing based on the Complaint of May 2010, he received an "Emergency Suspension." 

The hearing is scheduled for Dec 13, 2010, which is SEVEN MONTHS after receiving the complaint,
and after being out of work for 3 months now, unable to support his family.  The Board is well aware of this, and has delayed this with the intention of bankrupting my father.

The board's definition of "Due Process" is as follows:
1. My father can hire a lawyer, with no means to pay for one since he is unable to work.
2. The Board will decide who can be subpoenaed. 
3. The Board will decide who can attend the Hearing, and who can't.
3. Dr. Gambee cannot question the doctors that made the complaint. They recently informed Dr. Gambee that the person who made this latest complaint would not be allowed to be deposed!
4. If it's like the hearing of 1994, the board expert will have little or no knowledge about the issue (ozone therapy in 1994).  and if the board does not like the outcome of the hearing they can simply ignore the Judge's decision.

Mr. Senator, how is this "due process"?
The Board has free reign to act as Judge, Jury and Executioner because our State Legislature will not
hold them accountable!  Enough is enough. Is this what the State of Oregon has turned into?
You have taken the time to contact the Board on this matter.   Now, as our elected official, we are respectfully requesting you to contact Dr. Gambee and/or his lawyer for 10 minutes to get the other side of the story.

How else can you make a proper assessment of whether or not a wrong has been committed?
The Board is supposed to answer to someone. That someone is the State Legislature.
Please do your job and hold them accountable.

Sincerely,
Dr. Seth Gambee
808-557-1763
Kailua-Kona, HI 96740
docgambee@gmail.com