Dr. Jones Appeals Ruling - Partial Stay Issued
In previous blog entries, we have covered the December order issued by the Connecticut Medical Examining Board (CMEB) against Dr. Charles Ray Jones. On January 18, 2008, Dr. Jones filed an appeal of the CMEB order, claiming that the order was in error and specifically claiming bias on the part of one of the CMEB members who participated in the decision. Papers filed by Dr. Jones and his attorneys claim that following the hearing decision, his attorney was approached by a member of the audience claiming to have knowledge of the bias of one of the doctors sitting on the panel. This alleged bias is the subject of a series of affidavits filed by family members in State Superior Court claiming to have sought treatment for chronic Lyme Disease with this physician, who allegedly made a series of derogatory statements about the existence of chronic Lyme as a recognized condition and indicated that the treatment of such a non-existent condition would be fraudulent.
Although no final decision on the appeal has yet been issued, on February 19, 2008, the court issued a temporary partial stay of the CMEB order. According to the February court order, the civil penalty in the amount of $10,000 has been paid into escrow and will remain there until the appeal is resolved, and the 2-year probationary period has been stayed. However, the provision of the CMEB order requiring monitoring of Dr. Jones' practice by an independent pediatrician remains in effect, with some modifications.
The independent pediatrician will still conduct a random review of 30 of Dr. Jones' patient records on a quarterly basis, and Dr. Jones must still meet with this person on a quarterly basis. However, the monitor may not find that Dr. Jones is in violation of the CMEB order "solely on the basis of the diagnosis and treatment of Lyme Disease in a very low risk patient with non-specific history, non-specific signs and symptoms and negative laboratory tests." In the event that the monitor has a concern, s/he is obligated to discuss that concern with Dr. Jones, and if no resolution is reached, the monitor may call the matter to the attention of the Department of Public Health.
Meanwhile, it appears that the second complaint filed against Dr. Jones regarding his treatment of a local pediatric patient with chronic Lyme Disease is also proceeding forward and hearings may be scheduled before the CMEB beginning in April 2008.
