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Friday 1 February 2008

Is there a Right to Practice Medicine?

08:28
On October 11, 2002, Dr. Martin H. Stein, a prominent Virginia psychiatrist, surrendered his medical license to the Virginia Board of Medicine. On January 31, 2008 he petitioned to have his license reinstated.

Stein’s lawyer described him as “a changed man…[who is] looking for the board to give him another chance.” Dr. Samuel Potolicchio, professor of medicine at George Washington University said that Stein “has been doing everything he should be doing to get reinstated.”

I have no first hand knowledge of Stein’s situation. But let’s assume that he is indeed a changed man who has been doing everything right since 2002. What then?

The Board of Medicine’s 2002 Consent Order is painful to read. Stein was “sexually intimate” with “Patient C.” He inculcated false memories of childhood abuse with hypnosis, suggestion and massage. He went shopping with her (for $200 per hour), encouraged her to divorce her husband, and personally appraised her valuables for sale. With "patient H" he prescribed medications in excessive doses, resulting in permanent brain damage. The sordid details go on for 22 pages.

To my reading, the facts detailed in the Consent Order require that Stein not ever be allowed to practice medicine. The violations of trust and competence detailed by the Virginia Board are profound. Reinstating his license would give more weight to Stein’s right to a second chance than to protecting future patients. Responsible self regulation is a core requirement for the medical profession. Practicing medicine is a privilege, not a right. Reinstating a physician who had abused trust so extensively for such a long time would make a mockery of the self regulatory concept.

Yesterday the Virginia Board did the right thing – it refused to reinstate Stein’s license.

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