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Holistic doctor fights state board move

Panel pulled license, saying he violated probation terms

A holistic doctor in Agoura Hills is fighting a state medical board decision to revoke his practice because he violated terms of a probation triggered by a sexual misconduct allegation 12 years ago.

Dr. Alan Schwartz's medical license was pulled in November, in part, because he examined patients without an outside chaperone though parents were present, according to the Medical Board of California records.

An administrative law judge concluded the doctor also acted incompetently and negligently. He listed actions that included treating two patients for autism without seeing them, instead gathering information from their parents.

The revocation means Schwartz can't prescribe drugs or practice medicine as a licensed doctor though state law allows him to consult patients on alternative care as a layman. He is appealing the medical board's decision to the Los Angeles County Superior Court. He denies violating his probation or putting patients at any risk.

A 66-year-old licensed pediatrician who has been practicing medicine for 38 years, Schwartz owns the Holistic Resource Center in Agoura Hills, which offers alternative care ranging from massage therapy to acupuncture. His practice includes care for children with autism.

He said the condition can be reversed through treatment that includes removing harmful substances from the body, including lead and mercury, and providing vitamins, nutrients, other supplements and therapy.

The discipline dates back to 1996 when Schwartz was practicing as a pediatrician near Riverside.

He was treating a 16-year-old boy who earlier had been given testosterone because of dramatically underdeveloped genitalia. He stimulated the boy's penis so he could measure it, according to medical board records. The boy later wrote a note to his father telling him what happened.

Schwartz claims his method was medically necessary and not sexual in nature. An administrative law judge concluded at the time that the doctor completely breached professional boundaries.

He was placed on 10 years' probation in December 1998 and prohibited from examining boys without a third-party chaperone.

Schwartz violated the probation by seeing patients only with their parents present and without an outside chaperone, Administrative Law Judge Daniel Juarez wrote in recommending the medical board remove the doctor's license.

Schwartz "should have abided by the probationary requirement conservatively, interpreting every word to the protection and benefit of his patients," Juarez said.

Schwartz said he was initially told by medical board investigators that parents qualified as chaperones in some instances, including meetings with patients that did not involve physical examinations. He said he followed the requirement mandating an outside chaperone once he understood it.

"I was definitely interested in not losing my license," he said.

Other concerns involved Schwartz's practice of treating patients without seeing them, instead meeting and consulting with their parents. In the decision that was adopted by the medical board, Juarez cited an expert witness who testified Schwartz didn't perform needed neurological and physical exams. He said the doctor didn't always recommend therapy for behavior, speech or physical movement.

The judge said Schwartz didn't understand his duties as a licensed physician.

The doctor believes the board acted harshly in part because of his alternative care treatment methods and role as a consultant who helps parents of autistic children who already receive traditional care. He said he sometimes can learn what he needs through parents in an interview and extensive questionnaire.

"I don't need to observe them," he said of his patients. "The parents have been observing them all their lives."

Ildiko Stevens of Beverly Hills said her 8-year-old son was diagnosed with autism but she believes he suffered from mercury poisoning brought on by a vaccination for measles, mumps and rubella. She said alternative treatment under Schwartz's supervision including changed diet, natural vitamins and behavior intervention has brought dramatic improvement.

Her son speaks in sentences, goes out in public with his family and is breaking out of a life of isolation.

"I would trust him with my child's life," she said of Schwartz, calling the revocation of his medical license an outrage and witch hunt. "It's a shame to this society. There are a few practitioners who are helping to heal these children."

Schwartz said he'll continue to offer alternative care advice as a layman, letting his patients know he no longer has a medical license.

Medical board spokeswoman Candis Cohen said he won't get into trouble unless he violates state laws that dictate what unlicensed alternative-care practitioners can and cannot do. They can provide information. They can't present themselves as a licensed doctor or perform procedures ranging from an X-ray to a shot.

She said the Medical Board treats holistic doctors like Schwartz the same as any other physician.

"As long as physicians practice within the standard of care, they will not face discipline," she said.

Discussions

Posted by AutismNewsBeat on April 17, 2008 at 7:46 p.m. (Suggest removal)

"Ildiko Stevens of Beverly Hills said her 8-year-old son was diagnosed with autism but she believes he suffered from mercury poisoning brought on by a vaccination for measles, mumps and rubella."

The MMR vaccine does not contain the mercury-based preservative called thimerosal. Children born after 2001 have received far less thimerosal shots than older children, yet autism diagnoses have not fallen.

Posted by jennim on April 22, 2008 at 8:33 p.m. (Suggest removal)

This is absolutely a witch hunt! Mainstream medicine in this country does not want to admit that so called "alternative" medicine is helping some children with autism.

Yes, the MMR does not have thimerosal. But other vaccines have had thimerosal, and some still do regardless of state law.

Either way, the point is, thousands of children are improving with biomedical interventions pioneered by doctors in the Defeat Autism Now! movement.

These doctors have often faced censure, and threats. They are just trying to help the kids. You can talk to thousands of parents who have had their children improve with the help of these doctors, when mainstream medicine often has NOTHING to offer.

Dr. Bradstreet in Florida after testifying in congress about what is going on with the kids, had his office raided by gunned federal officials trying to say he was perpetuating fraud.

Recently Dr. Kartzinel, a well know Defeat Autism Now! doctor was on Larry King with Jenny McCarthy talking about the many children who have been helped.

I know of other doctors who have been harassed as well.

Now that the Hannah Poling case has made headlines, it's going to be harder to say us parents who saw our children regress after vaccines are having delusions.

Dr. Schwartz has treated my son many times in the past, and he has ALWAYS been very professional.

I have seen other doctors who don't always do the full battery of tests every time or even ask whether you are doing PT, or OT. Generally doctors have their area of specialty, and Dr. Schwartz though he can do primary care, often assists families who have other doctors as the primary care doctor.

I took my niece to Dr. Schwartz when she was ill, and the other docs couldn't figure out what was wrong. Dr. Schwartz decided to do a culture, and she had mono, and he prescribed the correct treatment and she got well. He saw her at a moment's notice, and he is a good kind guy.

He also figured out my son had staph on his arms after poison oak turned infectious, and others were telling me it was an allergic reaction. The antibiotics for staph cured it.

So he may have made a mistake with that boy many years ago by not having the kids parent or nurse in the room BUT it's not like he was treating the kid for a broken ankle and that happened. The parents were bringing him in to have him treated for hormonal issues. Duh.

The state medical board called me a couple yaers ago asking me all kinds of probing questions about Dr. Schwartz like they were TRYING to find something wrong! They have been after him. You know, if you try hard enough to make somebody look bad, you usually can find a way.

Shame on the California State Medical Board and the physicians who don't want families to have these options.

Jennifer McNulty



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