Standing up for the practicing physiciannoreply@blogger.com (DrWes)Thu, 28 May 2026 14:43:59 -0500Blogger http://www.blogger.com3539125http://drwes.blogspot.com/en-usnoCopyright (c) 2006 MedTees.comMedtees,atrial,fibrillation,afib,health,empowerment,self,help,medicine,medical,illness,cancer,amputee,diabetes,epilepsy,tshirt,tshirts,tee,apparel,merchandise,pacemaker,defibrillatorMedTees.com Health InformationMedTees.com Health InformationWestby G. Fisher, MDwes@medtees.comWestby G. Fisher, MDhttp://drwes.blogspot.com/2023/05/abms-maintenance-of-certification-its.htmlWed, 3 May 2023 08:00:00 -0500tag:blogger.com,1999:blog-18943510.post-7611110390594811705This piece first appeared on Sensible Med on 5/3/2023. The Legal Challenges to ABMS Maintenance of Certification ABMS board certification is not voluntary (despite ABMS member board claims), especially as specialization in medicine is the norm today. And thanks to regulatory capture, physicians who work at ACGME-accredited medical training hospitals in particular must pay for and participate in 0wes@medtees.com (Westby G. Fisher, MD)http://drwes.blogspot.com/2023/04/abms-maintenance-of-certification-its.htmlThu, 27 Apr 2023 05:44:00 -0500tag:blogger.com,1999:blog-18943510.post-484722419146075357This piece first appeared on Sensible Med on 4/26/2023. If you’re a board-certified internist, you’re probably quite familiar with the controversy surrounding the American Board of Internal Medicine (ABIM) that began when lifelong board certification mysteriously became time-limited in 1990. Physicians were told the justification for this change was that doctors needed to keep up with 0wes@medtees.com (Westby G. Fisher, MD)http://drwes.blogspot.com/2023/04/moc-and-demise-of-cme.htmlSun, 2 Apr 2023 06:37:00 -0500tag:blogger.com,1999:blog-18943510.post-2010190745942867885With the ongoing forcing of participation in Maintenance of Certification (MOC) of US physicians by the American Board of Medical Specialties (ABMS)and its 24 member boards, we are seeing the slow demise of physician-selected Continuing Medical Education (CME) in America. Attendance at specialty society meetings is at an all-time low. Doctors, increasingly employed and facing the reality of how 0wes@medtees.com (Westby G. Fisher, MD)http://drwes.blogspot.com/2022/06/antitrust-101-how-to-build-medical.htmlABIMAmerican Board of Internal MedicineAntitrustMaintenance of CertificationMaintenance of LicensureMOCMon, 20 Jun 2022 09:04:00 -0500tag:blogger.com,1999:blog-18943510.post-5848430024419671120Recently, there have been a rash of initiatives by unaccountable non-profit physician credentialing organizations (Federation of State Medical Boards, the American Boards of  Internal Medicine, Family Medicine and Pediatrics), and the American Medical Association to come to the public's rescue by de-credentialing U.S. physicians they accuse of spreading misinformation during the COVID-19 4wes@medtees.com (Westby G. Fisher, MD)http://drwes.blogspot.com/2022/02/what-entity-or-person-serves-as-abims.htmlAmerican Board of Internal MedicineMaintenance of CertificationMOCFri, 25 Feb 2022 07:13:00 -0600tag:blogger.com,1999:blog-18943510.post-3748007120371912236 In late 2018 through 2020, The American Board of Internal Medicine (ABIM) was involved in a class action antitrust lawsuit for claims of illegal creation and maintenance of their monopoly power in the market for maintenance of certification (MOC). Even though there was an outpouring of physician support for the lawsuit from working physicians, the case did not survive massive legal efforts 18wes@medtees.com (Westby G. Fisher, MD)http://drwes.blogspot.com/2022/02/can-there-ever-be-kinder-and-gentler-moc.htmlMon, 14 Feb 2022 06:33:00 -0600tag:blogger.com,1999:blog-18943510.post-3967165394512049269It has been a long time since I have written anything concerning the American Board of Medical Specialties' (ABMS) Maintenance of Certification (MOC) board re-certification program. But when I read pieces in the media, like the one recently published in Medscape that spin the soothing narrative that MOC can become "kinder and gentler," I feel the need to speak out.Like a child bring groomed by 0wes@medtees.com (Westby G. Fisher, MD)http://drwes.blogspot.com/2021/12/the-danger-and-hypocrisy-of-physician.htmlMon, 6 Dec 2021 10:43:00 -0600tag:blogger.com,1999:blog-18943510.post-9085317882367827440In late July 2021, the Federation of State Medical Boards (FSMB), a non-profit self-selected lobbying organization for US state medical boards, issued a press release threatening suspension or revocation of medical licenses for physicians that “generate and spread COVID-19 vaccine misinformation or disinformation.” The American Board of Internal Medicine, American Board of Pediatrics, and 3wes@medtees.com (Westby G. Fisher, MD)http://drwes.blogspot.com/2021/03/the-courts-speak-internists-to-be.htmlMon, 1 Mar 2021 15:11:00 -0600tag:blogger.com,1999:blog-18943510.post-1443580346296531634 It is with great sadness and a heavy heart that I must announce that on Thursday this past week, the United States 3rd Circuit Court of Appeals ruled in favor of the American Board of Internal Medicine (ABIM) and upheld the earlier District Court dismissal of the antitrust, racketeering and unjust enrichment lawsuit filed by four internists in December 2018. An attorney for the 33wes@medtees.com (Westby G. Fisher, MD)http://drwes.blogspot.com/2021/02/abim-and-its-washington-lobbyists.htmlThu, 18 Feb 2021 13:32:00 -0600tag:blogger.com,1999:blog-18943510.post-4883805965029017834The American Board of Internal Medicine (ABIM) is a 501(c)(3) non-profit organization that certifies "internists and (medical) subspecialists who demonstrate the knowledge, skills and attitudes essential for excellent patient care." According to the IRS, "In general, no organization may qualify for section 501(c)(3) status if a substantial part of its activities is attempting to influence 3wes@medtees.com (Westby G. Fisher, MD)http://drwes.blogspot.com/2021/01/is-abim-ending-its-knowledge-check-in.htmlABIMAmerican Board of Internal MedicineKnowledge Check-InMaintenance of CertificationMOCWed, 27 Jan 2021 21:54:00 -0600tag:blogger.com,1999:blog-18943510.post-125788444402961722The following (redacted) email was received from Morgan Allen, Customer Relationship Advocate at the American Board of Internal Medicine (ABIM), in response to an ABIM diplomate that was unable register online for their every-two year Knowledge Check-In "continuous" Maintenance of Certification (MOC®) product.According to this email, it seems the ABIM has decided to end its Knowledge Check-In 10wes@medtees.com (Westby G. Fisher, MD)http://drwes.blogspot.com/2020/12/abim-and-its-appellant-court-arguments.htmlMon, 7 Dec 2020 11:10:00 -0600tag:blogger.com,1999:blog-18943510.post-1216523278715392941The unofficial transcribed 3rd Circuit Appellate Court arguments held 23 Oct 2020 between Mr. Philip Curley (lead attorney representing the physician Plaintiffs) and Ms. Leslie John (representing the American Board of Internal Medicine (ABIM)) are now available for US physician review. The appeal was filed after the 3rd Circuit District Court dismissed the Plaintiffs complaints before 15wes@medtees.com (Westby G. Fisher, MD)http://drwes.blogspot.com/2020/11/for-abpn-their-legal-headaches-arent.htmlMon, 23 Nov 2020 22:03:00 -0600tag:blogger.com,1999:blog-18943510.post-5486377494295508664Today, the first amended class action anti-trust complaint was filed by Drs. Emily Elizabeth Lazarou and Aafaque Akhter against the American Board of Psychiatry and Neurology (ABPN) in the US District Court for the Northern District of Illinois in response to Judge Martha Pacold's 11 Sep 2020 dismissal without prejudice of their earlier complaint. Much of the Amended Complaint is noteworthy,8wes@medtees.com (Westby G. Fisher, MD)http://drwes.blogspot.com/2020/10/as-treasurer-of-practicing-physicians.htmlSun, 25 Oct 2020 09:08:00 -0500tag:blogger.com,1999:blog-18943510.post-7405020362604319668 As treasurer of Practicing Physicians of America, it gives me great pleasure to announce that we hit our goal of raising $400,000 in support of the Plaintiff-physicians who filed class action antitrust lawsuits against the American Board of Internal Medicine, American Board of Radiology, and the American Board of Psychiatry and Neurology. Over 1,800 individuals, the vast majority of whom are 16wes@medtees.com (Westby G. Fisher, MD)http://drwes.blogspot.com/2020/10/abim-stumbles-in-appellate-court.htmlABIMAmerican Board of Internal MedicineAntitrustlawsuitMaintenance of CertificationMOCFri, 23 Oct 2020 00:11:00 -0500tag:blogger.com,1999:blog-18943510.post-3650453559277517929The oral arguments in the appeal of the dismissal at the District Court level of the Kenney et al vs American Board of Internal Medicine (ABIM) class action antitrust, RICO, and unjust enrichment case were heard before the 3rd Circuit Court of Appeals today and are available via audio file here. The following interchange starting at 32:58 in the audio file was interesting (I have added 8wes@medtees.com (Westby G. Fisher, MD)http://drwes.blogspot.com/2020/10/the-important-week-ahead.htmlMon, 19 Oct 2020 22:49:00 -0500tag:blogger.com,1999:blog-18943510.post-3795888648707236682This Friday, 23 October 2020, oral arguments will be heard before the Third Circuit Court of Appeals regarding Kenney et al vs. the American Board of Internal Medicine (ABIM) class-action antitrust, racketeering, and unjust enrichment lawsuit (Case 20-1007). Some eyes of US physicians and all the eyes of the US certification industry will be on these arguments, even though the oral arguments are,12wes@medtees.com (Westby G. Fisher, MD)http://drwes.blogspot.com/2020/10/the-unjust-enrichment-at-abim.htmlMon, 12 Oct 2020 08:46:00 -0500tag:blogger.com,1999:blog-18943510.post-8463547876785831520 According to a Medscape survey of US internists in 2018, their average salary was $230,000.That same year, according to recently-released tax documents, Richard Baron, MD, President and CEO of the American Board of Internal Medicine (ABIM)  and the ABIM Foundation, earned a cool $1,425,605 and non-physician Rebecca Lipner, the Senior Vice President, and Chief Financial Officer (who has6wes@medtees.com (Westby G. Fisher, MD)http://drwes.blogspot.com/2020/09/with-moc-will-working-physicians-ever.htmlAAPSAmerican Board of Psychiatry and Neurologyanti-trustlawsuitlegalMaintenance of CertificationMOCTue, 29 Sep 2020 08:13:00 -0500tag:blogger.com,1999:blog-18943510.post-6643240282298640566For the past seven years, the American Board of Medical Specialties (ABMS) member boards have been under fire regarding their trademarked Maintenance of Certification® (MOC) program that shifted lifetime ABMS board certification to a time-limited US physician credential in 1990. Physicians have long argued that before 1990, board certification was an independent and generally-accepted 16wes@medtees.com (Westby G. Fisher, MD)http://drwes.blogspot.com/2020/09/the-latest-roundup-of-abms-antitrust.htmlSat, 12 Sep 2020 13:53:00 -0500tag:blogger.com,1999:blog-18943510.post-6518925211429908292Since December 2018, a rash of antitrust lawsuits have been filed against the American Board of Medical Specialties (ABMS) and their member boards. While it might seem that little has transpired since then since there are rarely press releases about the court dealings underway, I thought it would be helpful to bring my physician colleagues up to date on the current status of the many lawsuits in 8wes@medtees.com (Westby G. Fisher, MD)http://drwes.blogspot.com/2020/07/physician-plaintiffs-file-reply-brief.htmlABIMAmerican Board of Internal MedicinelawsuitMaintenance of CertificationMOCMon, 27 Jul 2020 22:03:00 -0500tag:blogger.com,1999:blog-18943510.post-5024201977317349929 The four Internal Medicine physician Plaintiffs-Appellants filed their latest Reply Brief in the class action lawsuit against the American Board of internal Medicine (ABIM) today. That reply brief summarized the alleged tying arrangement of ABIM board certification to "Maintenance of Certification (MOC)":"ABIM’s monopoly power over certifications is undisputed. Certifications are an 15wes@medtees.com (Westby G. Fisher, MD)http://drwes.blogspot.com/2020/07/abms-board-certifications-one-product.htmlFri, 17 Jul 2020 12:46:00 -0500tag:blogger.com,1999:blog-18943510.post-240600439172012175It is the question at the crux of the antitrust cases against the ABMS member boards: Is board certification one product that has merely been updated or does board certification contain more than one product? If more than one product, is the second product tied, or leveraged, to force the purchase of the second product? Let me be the first to admit I am not a lawyer, much less an expert on 15wes@medtees.com (Westby G. Fisher, MD)http://drwes.blogspot.com/2020/07/moc-and-racist-origins-of-grandfathering.htmlThu, 16 Jul 2020 06:33:00 -0500tag:blogger.com,1999:blog-18943510.post-4778496172703608786From Paul G. Mathew, MD via Facebook: A hearing was held yesterday by the Rhode Island State Legislature's House Finance Committee regarding H7171 Article 20 on Healthcare Reform. One of the topics of discussion was the Interstate Compact, which will allow physicians to practice medicine across state lines. This will be especially helpful in providing tele-health services to areas of need. 12wes@medtees.com (Westby G. Fisher, MD)http://drwes.blogspot.com/2020/07/will-history-of-us-physician-board.htmlWed, 1 Jul 2020 12:58:00 -0500tag:blogger.com,1999:blog-18943510.post-9207592435526518262In the closely followed Siva v American Board of Radiology (ABR) antitrust case (1:19-cv-01407), the Plaintiff recently filed an Opposition to Dismiss the First Amended Complaint (FAC) earlier this week. At issue in this case is whether intial certification and MOC are a single product or two separate tied products. In this newest legal docket entry, the Plaintiff added additional arguments from 7wes@medtees.com (Westby G. Fisher, MD)http://drwes.blogspot.com/2020/06/how-moc-is-contributing-to-demise-of.htmlMon, 8 Jun 2020 13:14:00 -0500tag:blogger.com,1999:blog-18943510.post-8366124597186026093Dr. Torie S. Sepah, MD on the KevinMD blog:Now, one could argue, what’s $500 a year to a physician? Well, it adds up to $5,000 in ten years, at which time I’ll shell out another several grand to take the recertification exam.  Contrary to popular belief, physicians aren’t exactly rolling in the dough. In fact, 8 out of 10 physicians under 40 carry over $150,000 in medical school debt.  66wes@medtees.com (Westby G. Fisher, MD)http://drwes.blogspot.com/2020/05/appeal-filed-in-physicians-ongoing.htmlTue, 5 May 2020 06:18:00 -0500tag:blogger.com,1999:blog-18943510.post-7554606279001128923 "ABIM has created a lucrative new revenue source by forcing internists to buy MOC. The new MOC revenue has not been used in the interests of the internist community, but to serve the economic interests of ABIM management, including overly generous compensation, ABIM’s lavish pension plan, and purchase of a $2.3 million condominium used by ABIM management." - From the Brief of 33wes@medtees.com (Westby G. Fisher, MD)http://drwes.blogspot.com/2020/04/two-er-physicians-lend-their-opinion-on.htmlSun, 26 Apr 2020 22:44:00 -0500tag:blogger.com,1999:blog-18943510.post-2163890184739623887Addendum: YouTube brought down the videos included in this blog post because they claimed it violated their terms of use. I found that very disturbing that non-anonymous US physicians were silenced during these unprecedented times. I believe we should promote (and not silence) legitimate, respectful, critical debate. Whether right or wrong (and certainly many of the facts delivered have been 17wes@medtees.com (Westby G. Fisher, MD)