What is the Real Problem at the California Board of Chiropractic Examiners?

It still is disturbing to THIS reader that you, Assemblymember Eng, are still taking absolutely no interest the alleged illegal acts by the former Executive Director Cathy Hayes.

Why is it that you as a Democrat, have zero concern that she threatened to write up employees for insubordination if they shared a specific e-mail? Do you have no concerns that she violated employees rights as spelled out in the Union contract? Do you believe in or suppport retaliating against employees? Why are these issues not being addressed?

I have sent these very questions to your office in numerous e-mails with zero response.

There are alot of good changes recommended here, but to have more public members than professional members on a professional oversight board (any professional board) does not make sense. It reads like a knee jerk reaction in problem solving.

Your article makes logical political/common sense. However, you do not address the underlying abuses from these state employees. You will soon know the corruption of these employees and the outrageous behavior of state employees. They are so arrogant to carry out their own illegal activities under the guise of protecting the public, knowing that it is almost impossible to be fired. The present board members have the interest of the public in mind. Once the abuses against many of the state's chiropractors by these state employees are eliminated, they will be able to handle the cases (which are in all healthcare fields) fraud, sexual misconduct etc. These board members will make sure that the profession they care about is clean and protect the public. The truth will set us free -- be patient -- it is on its way.
p.s. That supposed dangerous procedure is accepted in most all of the other states (if not all). It is NOT practicing medicine to adjust the spine -- it is a medical practitioner that provides the anesthesia with the patient's consent so the chiropractor can do what he/she was trained to do in chiropractic college (adjust the spine) -- This is not a difficult concept. The public is being lied to by the media and you -- the political foes of the governor. With all due respect Assemblyman Eng, you say "The historical reason for this isolation and insulation was a fear by chiropractors that the medical profession – physicians – would thwart or severely restrict the practice of chiropractic in California." Take a look at history, they have tried to thwart the chiropractic profession. Is the California Medical Association donating to your next political campaign? Probably!!!

Mr. Eng,
This is an interesting excerpt from an article about how your position can attract large donations. I bet it is in the public's best interest...

"The jobs also can enrich political campaigns. Some committees are lobbied hard by wealthy interests with money to burn. One such "juice committee" is Assembly Business and Professions. Its chairman these days is freshman Assemblyman Mike Eng, D-Monterey Park.

"Committee chairs can command more (campaign) contributions because everybody knows they set the agenda on bills," said Barbara O'Connor, a professor in Cal State Sacramento's Communication Studies department.

Eng gave more than $192,000 to Democratic causes in 2006, the most of any Assembly freshman."

Assemblymember Eng, it appears that you have upset some unethical individuals with your comments. Truth be known that my experience with the staff at the Chiropractic Board is that they are one of the best working groups the Board has ever had. Any corrective action taken against the state employees I'm sure was justified as Catherine Hayes has always been known to treat the employees with respect and dignity. Ms. Hayes has always maintained a very professional demeanor in all of our discussions and she is known to uphold what is in the best interest in protecting the public and the laws that regulate the chiropractic profession. You're doing a great justice to the citizens of California by requiring governmental oversight of this Board since the Board members have their own agenda and it's not to protect the public. Keep up the good work!

Assemblymember Eng, it appears that you have upset some unethical individuals with your comments. Truth be known that my experience with the staff at the Chiropractic Board is that they are one of the best working groups the Board has ever had. Any corrective action taken against the state employees I'm sure was justified as Catherine Hayes has always been known to treat the employees with respect and dignity. Ms. Hayes has always maintained a very professional demeanor in all of our discussions and she is known to uphold what is in the best interest in protecting the public and the laws that regulate the chiropractic profession. You're doing a great justice to the citizens of California by requiring governmental oversight of this Board since the Board members have their own agenda and it's not to protect the public. Keep up the good work!

What is important to us is: (The California Chiropractic Association represents the chiropractors); Does the (CA) chiropractic board represent the public?

RealTruth,
Sounds like another state employee that doesn't even start to know what unethical is. All we are asking for is fair. Hopefully it will be exposed to the public soon, what UNETHICAL and illegal acts have been going on with these state employees. You don't know me -- but calling me unethical without proof is what these people have been doing to chiropractors around the state. Protect the public is what they are supposed to do -- damage peoples lives wrongly accusing them is wrong -- committing illegal acts using their state position is criminal. I only wish it would hit the headlines tomorrow -- (it will probably takes months for all aspects of this to come out). Then you will know what unethical is!

REALFACTS: Any corrective action taken against the state employees I'm sure was justified as Catherine Hayes has always been known to treat the employees with respect and dignity.

And you would know this HOW? How would you know what was "justified?" Do you have some sort of inside knowledge that you'd care to share with the rest of the public?

Dignity? Respect? That is utterably laughable. If you don't agree with her or her views, you'd best be prepared to be thrown under the bus.

If that is your definition of dignity and respect, you are in need of some serious help.

The comments are getting off the real issue which is the need for oversight! Assemblymember Eng's bill does not address the ethics of state employees but the OVERSIGHT of the Board which is charged with protecting the public. It doesn't address the controversy regarding manipulation under anesthesia. One of the main issues is that there is NO-ONE for the public to appeal to with concerns or dissatisfiction. All of the Joint reviews of the Chiropractic Board starting from 2000 recommend adding public members for a greater representation of the public. This is not a new or knee jerk recommendation. The Chiropractic Board and the California Chiropractic Association have already stated that they do not object to adding more public members, both legislative appointees. This is a fair, common sense reform bill which places the Chiropractic Board under the Department of Consumer Affairs, the same laws and the exact same oversight as all other consumer health boards.

3 Chiropractors out of 7 positions. The Medical Board has 12 out of 21 (a majority), the Dental Board has 8 out of 10 (a majority), the Osteopathic Board has 5 out of 7 (a majority) -- I generally am not a paranoid person, however this does not look like they are trying to make the chiropractic board the same as the other boards. Again -- we are asking for fairness -- not political agendas. You think we can't figure out the math. Also, Assemblyman Eng would not even have been looking into this, had the board not had to react to the illegal, unethical and abusive activity of the state employees.

"The Board will consist of seven members, five appointed by the Governor, one appointed by the Speaker of the Assembly, and one appointed by the Senate Rules Committee. The gubernatorial appointees shall consist of three “professional” members (chiropractors) and two “public” members (non-chiropractors). Both legislative appointees shall be public members."

D.Snow, I'm sorry if you feel that any other comments are "off topic", but part of oversight is watching out for employees and making certain that no one is being demoralized, harrassed, trashed, or retaliated against.

Oversight by DCA could be beneficial, but could also be seen as adding another layer of bureaucracy to the already burdened state system.

If our fair and unbiased Legislature sees fit to pass this bill from both houses to the Governor, then so be it. If there is money in the General Fund to add this to the ballot then at that time the voters will decide.

I will continue to stand for the position of employees in the State.

Assemblymember Eng, instead of just focusing on your perceived ideas that the problems with the Board lie solely with the Board members themsleves, you may want to take a closer look at what the employees have been up to. I know I have. The Public Records Act is truly a great thing.

Inside Knowledge brought up the issue of campaign funding, particularly in Assemblymember Eng's position the committee chair and wondered whether the "Calif. Medical Association" might be donating to Eng's next political campaign. Since he brought this issue up I'd like to point out something about Senator Liz Figueroa(Democrat) now termed out of office. She used to be the chair of the Assembly Business and Professions commitee,a comparable position to Assemblymember Eng. In all of this committees routine hearings of the Chiropractic Board, many concerns were expressed about this Board's lack of oversight among other major problems. The Committee always stopped short, however, of recommending they be put under "Consumer Affairs." In Senator Figueroa's 2006 campaign for Lieutenant Governor the "California Chiropractic Association" donated heavily to her campaign. On a flier for a fund raiser dinner(tickets starting at $100)sponsored by the "Chiropractic Association" there is a quote honoring her "for her resolute and successful effort in preventing the State Board of Chiropractic Examiners" from being placed under the control of the state "Department of Consumer Affairs."

Concerned Californian - Describe heavily. The California Medical Association War Chest is much, much more powerful. Fund Raiser tickets at $100 a plate, "WOW". It costs that much to go to Ruth Chris Steakhouse. Now if we were talking a $1000 a plate, you might raise some eyebrows.Figueroa lost -- I guess we didn't give her enough money to beat Garamendi.

This is the sad state of affairs in our profession. The idea of a board is not to serve the chiropractors, it is to protect "us" from the public. Our state associations have become very weak with reguards to protecting "us" from the board. This has lead to many individual gaining power that should not have it. It seems that many of the individuals that get into these board positions have an agenda of there own. Many states have seen rogue boards, we are lucky in Ohio, we have not seen this persecution that other states have. www . chiroforums .org

This is the sad state of affairs in our profession. The idea of a board is not to serve the chiropractors, it is to protect "us" from the public. Our state associations have become very weak with reguards to protecting "us" from the board. This has lead to many individual gaining power that should not have it. It seems that many of the individuals that get into these board positions have an agenda of there own. Many states have seen rogue boards, we are lucky in Ohio, we have not seen this persecution that other states have. www.chiroforums.org

To:
truefacts April 28, 2007 at 09:54 AM,

"Any corrective action taken against the state employees I'm sure was justified as Catherine Hayes has always been known to treat the employees with respect and dignity."
This is a TRUE statement.
I have had a working relationship with the CA chiropractic board for several years (with both staff and board members). The employee(s) who were demoted were done so rightfully. You must think its okay give ones-self a promotion. Why isn’t this common practice then? Let’s all give ourselves promotions. Yippee! If it were unjustified, why was not overturned upon appeal? As you know, it was appealed - and lost.

"Dignity? Respect? That is utterably laughable. If you don't agree with her or her views, you'd best be prepared to be thrown under the bus."
First, “utterably” is not a word moron (oh yes I did call you a moron). Did you mean “utterly” or “unutterably”? Doesn’t really matter, the question of Ms. Hayes character has never been an issue. I’ve never seen any articles, media reports, or the like questioning her integrity or ability as a manager (in fact, when the board removed her from her position, it was done without cause). I’ve had many interactions with Ms. Hayes and the staff and always felt my opinions and contributions were well received and appreciated. It appears the person in need of “serious help” is you truefacts. It sounds like you have a personal vendetta against her.

I also know the daunting task Ms. Hayes had in continually attempting to educate the board members regarding their roles and responsibilities; they never listened. They have a “good old boy’s club” mentality and would not dare take advice from a strong, independent, opinionated woman. Regardless of what they say, they DO have their own agenda.

I applaud Mr. Eng and Mr. Ridley-Thomas for their attempts to correct some of the misdeeds of the board members.

Personal vendetta? What an odd thing to say. My firm belief is nothing short of personal accountability, and if even a portion of the things I've read are true (retaliation is generally frowned upon in the State), then there are questions to be answered.

Let me guess, you only read the Bee? Just for your information, there are other sources of news available and I personally choose to read as many as I can before forming an opinion. Too bad that it doesn't seem like you do.

You sure seem to have an odd way of writing. Would you care to tell me how I would know about any appeal or outcome? Interesting that you sure seem to have personal knowledge of what (I believe) is to be treated as a confidential matter? I can read and do research and in my many readings all State personnel matters are confidential. What can you do to enlighten the rest of us? Come on now, don't be shy.

Sounds like the question of Ms. Hayes' character will be coming under scrutiny soon enough. What about the complaint filed at the FPPC? Or have you neglected to read the latest article in the Capitol Weekly? (interesting that the Bee didn't include any of that, but I assume they don't consider that to be relevant to their cause) I believe that she was accused of covering up issues with a Board employee. Do you consider that to be good management? Probably only if YOU are that employee.

As I was listening to the hearing yesterday, it sounded like one of the Board members said that they were directing the Executive Director to investigate an employee. Since you seem to possess an endless stream of knowledge, can you tell who would that be?

Without cause? Last time I reviewed the definition of an EXEMPT employee, it says SERVES AT THE PLEASURE OF.

As for your moron comment directed at me, let's just sit back and wait for the rest of this continuing saga. Trading insults with someone like you really isn't my cup of tea, but if that's what you want to do, then have at it.

As for Senator Ridley-Thomas and Assemblymember Eng, they obvioulsy have their own agenda to pursue and that's what they'll do. They both hold the belief that the only thing wrong with the Board is the members themselves. I wonder how they came to that conclusion?

Have you checked the status of their respective bills? The Senator's bill met the criteria to be placed on appropriations suspense. So more likely than not, unless a dedicated funding source is found (to the tune of $330,000 - General Fund) that's where the bill will stay.

With all due respect, you are lacking as much forsight and integrity as Cathy Hayes, Jana Tuton, Paul Bishop, Maggie Craw and choose to live in a state of denial if not corruption. I lost my job at the board due to reporting cover ups and illegal activity at the borad. That was in 2001. It is now 2007 and finally a board with integrity is in place and you want to remove them. Your constituants should remove you for also attempting to cover up the boards very many illegal activities of the past 10 years.

Your staffers should read the documents verifying illegal governmental activity I submitted to Committe staffer Pablo Garza prior to your committe hearing. (Or the Capitol Weekly)

Ridley Thomas? He is on a witch-hunt and too self-absorbed and disrespectful to see the forest from the trees. Hayes and Tuton are the ones he needs to go after. Past Executive Director, Kim Smith wouldn[t be a bad idea either.

CAPITOL WEEKLY

Home > News > Chiro board dust-up goes to the FPPC

Chiro board dust-up goes to the FPPC
By Malcolm Maclachlan

E-mail article
(published May 7th, 2007)
An attorney has filed a complaint with the Fair Political Practices Commission (FPPC) alleging conflict of interests and other misconduct by two employees of the state Board of Chiropractic Examiners (BCE).

The complaint filed on April 30 by chiropractic attorney Roger Calton claims Maggie Craw, chiropractic consultant to the board, sent freelance work from the board to a close friend who lived with her. Craw also reviewed her own work while serving at two different state agencies, the letter claims. It goes on to charge that the Board's now-demoted executive director Catherine Hayes helped cover up this misconduct.

The Chiropractic Board has been in the news since a March 1 meeting that saw open warfare between some board staff and board members seen as allies of Governor Arnold Schwarzenegger. This action has spilled over into the Legislature, where Democrats have been aggressively questioning Schwarzenegger's board picks--and called on some of them to resign.

Senator Mark Ridley-Thomas, D-Los Angeles, has requested the board members to appear today at 1:30 for a hearing of the Senate Committee on Business, Professions and Economic Development. According to an April 26 letter sent to board members, "the hearing is for the purpose of reviewing recent and prior actions of the Board relating to passage of a resolution supporting manipulation under anesthesia," a practice considered controversial by some.

The FPPC complaint is merely the latest salvo in a war between Craw and chiropractors in the state. An international organization called the World Chiropractic Alliance (WCA) has been waging a campaign against Craw, calling for her dismissal at least since last November.

Calton's complaint makes several allegations of "direct and severe conflict of interest" against Dr. Maggie Craw, the chiropractic consultant to the board.

Among these is a charge that she improperly referred work to a close friend whom she lived with, Jennifer Martin. The letter also claims that Craw improperly reviewed the same cases for both the Chiropractic Board and for the State Compensation Insurance Fund (SCIF), essentially reviewing her own work. The letter also names from board executive director Catherine Hayes for "aiding and abetting" Craw's misconduct.

"If the Fair Political Practices Commission does investigate this complaint, we will certainly cooperate," said Brian Stiger, and Department of Consumer Affairs manager who is currently acting executive director for the board.

The Capitol Weekly attempted to reach Craw at two numbers, including a number identified as her cell phone in board records.

Calton charges that in May 2004, "Dr. Craw reviewed and denied a claim for workers compensation benefits on behalf of SCIF." Martin then filed a compliant against the chiropractor in question, Dr. Thomas Zorich, which Craw reviewed as a consultant to the board. Her complaint named two SCIF patients of Zorich's, neither of whom even complained about him or authorized the release of their medical records to the Chiropractic Board, the letter alleges.

This decision was then submitted for further review to the Chiropractic Board, where Craw reviewed it again, signing off on her own work in a different capacity. In January of this year, then-executive director Catherine Hayes filed an official disciplinary action against Zorich, alleged "excessive treatment."

"Dr. Zorich felt that there was a severe conflict of interests with Dr. Craw representing SCIF, determining whether the insurance company should pay claims, and then evaluating complaints relating to those same claims on behalf of the Board," the letter states.

On May 24, 2004, Zorich sent a letter to the board alleging conflicts of interest by Craw. On June 9, 2004, Kim Smith, then the board's executive director, replied "Dr. Craw is a half-time employee of the board, and pursues her own endeavors on her own time."

On her Form 700 financial disclosure statement, Craw lists herself as the sole proprietor of a Sacramento radiology practice worth between $100,000 and $1 million. She lists two clients who each pay more than $10,000 a year to that practice: SCIF, and EK Health Systems which does radiology evaluation work of chiropractic cases.

A second letter of complaint was sent July 12, 2004, by Martin. This was followed by an August 4, 2004, letter from Craw to the board, recommending disciplinary action against Zorich.

In a November 2, 2005, deposition relating to another case, Craw said she refered "three or four" cases a year to Martin for review. A February 1999 grant deed transfer filed in Sacramento County shows that Craw added Martin to the deed of her East Sacramento house, a "gift" that resulted in them being "co-tenants."

Calton goes on the allege the Craw's hiring "has never been approved by a vote of the board." He goes on to claim that one requirement of the chiropractic consultant position is that the person holding it have been a "practicing chiropractor" for five of the last seven years. According to a copy of Craw's resume, her main business in the last nearly three decades has been examining x-rays for other chiropractors; she was last listed as a full-time, practicing chiropractor in 1979.

Several chiropractors have complained in the past about Craw and her alleged conflicts of interests. On January 8 of this year, Corte Madera chiropractor Donald Harte sent a letter to the board saying that Craw "and her co-conspirators on staff" are conducting a "long campaign of harassment against chiropractors." Harte was named the World Chiropractic Alliance 2006 Chiropractor of the Year for his efforts fighting the Craw and the Chiropractic Board staff.

At the board meeting on August 10, 2006, WCA president Dr. Terry Rondberg and attorney Carlos Negrete testified that there have been many complaints about Craw by Alliance members. They went on to charge Craw with unduly trying to influence insurance investigations, as well as "reckless dissemination of confidential information, self-dealing, illegal activity."

Calton goes on to say that Hayes covered up Craw's misconduct. "Instead of taking action…Hayes did nothing" the letter states. It goes on to note an earlier request sent to the FPPC about Craw, allegedly from Hayes and the Chiropractic Board. The June 2006 FPPC bulletin noted this request, saying "The Political Reform Act…does not prohibit public officials from holding two public offices simultaneously" unless "when to do so will have a reasonably foreseeable, material financial effect on one of more of his or her economic interests."

Malcolm Maclachlan is a Capitol Weekly staff reporter.

More goings on? Just an excerpt from today's Capitol Weekly article. Enjoy!

On April 30, Laguna Niguel chiropractic attorney Roger Calton filed a FPPC complaint alleging conflict of interests and other misconduct by two employees of the state Board of Chiropractic Examiners. Calton claims that Dr. Maggie Craw, chiropractic consultant to the board, reviewed her own work while working part time for the Board and also consulting to the State Compensation Insurance Fund.

He also alleged that she sends Chiropractic Board case-review work to another chiropractor, Jennifer Martin, with whom she had a close relationship. In a November 2, 2005, deposition on a court case in El Dorado County Superior Court, Craw denied she ever socialized or went out to dinner with Martin. However, a February 1999 grant-deed transfer filed in Sacramento County shows that Craw added Martin to the deed of her East Sacramento house, a "gift" that resulted in them being "co-tenants."

Well it is not over until it is over. Cathy Hayes was removed as Director and now has re-submitted her application to be considered for the vacancy. Do this woman have a clue that she has previoulsy failed in this position. Knowing her personally, as I do, she is in denial of any corruption or wrong doing and continues to place the blam on board members. Money is her main interest and they obviously got her in her pocket book reducing her pay from $86,000.00 to $72,000.00.

It has also been brought to my attnetion that Maggie Craw graduated from Western States college and was licensed in California although Western States was not an accredited college at the time of her graduation.

Joint Legislative Audit Committee should have a fun time investigating this very interesting saga.

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