NY State Rebuttal

The Answer to NY State and Quackpot Poppycock:
So-called: “License Suspension of Charles Gant, M.D.”

In their attempts at character assassination, the Quackbusters (AKA the Quackpots) commit libel by misrepresenting NY State’s illegal prosecution of Dr. Charles Gant, by selecting the most slanderous sections of that report and leaving out mitigating, complimentary information. Prior to reading the information below, the reader would be well-served to get some background about the discredited individual Stephen Barrett (http://www.quackpotwatch.org/quackpots/quackpots/barrett.htm ), the ring-leader of the Quackbuster’s (AKA Quackpot) which is described in another section of this website. Also described in a separate section on this website is the rebuttal to the equally deceptive and dishonest NY State Supreme Court ruling, an organization that basically serves the whims of the far more powerful NY State Health Department.

In the misleading narrative on the Quackhead website, somehow well-funded to be kept at the top of Google search engines for years, the blatantly illegal action of the OPMC (Office of Professional Medical Conduct, a division of the NY Health Department) against Charles Gant MD are copied in Black.

“The Truth in Rebuttal,” point by point, is stated in RED. Later, as these false statements, lies and deceptions becomes repetitive, and that is noted.

Quackpot lie or misrepresentation: In 2003, the New York State Supreme Court upheld the license suspension of Charles Gant, M.D., who practiced “orthomolecular medicine” in Solvay, New York. The judge’s ruling summarized what happened:

The Truth in Rebuttal: “Orthomolecular Medicine” is italicized by the Quackpots to undermine its credibility. The term was coined by Linus Pauling, the only individual to win 2 separate Nobel Prizes, in Chemistry and Peace, a scientist who published 1200 scientific papers and books and who is arguably the greatest American scientist of the 20th century, perhaps of the entire world. Linus Pauling, whose work won him the Nobel Peace Prize for slowing the nuclear arms race between the US and the USSR and leading to treaty agreements, was of course resoundingly criticized by organized medicine during his time, and indeed by Quackwatch currently (http://www.quackwatch.com/search/webglimpse.cgi?ID=1&query=linus+pauling ). Can you imagine anything more absurd than the audacity of Stephen Barrett, the ring-leader of the Quackbuster’s (AKA Quackpot), who has published nothing and has hardly ever even practiced medicine, and never successfully, to denigrate the term Orthomolecular Medicine coined by one of the greatest scientists in the 20th century. “Ortho” means to straighten or correct, as when an orthopedist straightens out the bones or when an orthodontist straightens out the teeth. Orthomolecular then means to “straighten out” the molecules in the body of which there are 2 basic types, toxins which injure life and nutrients which nurture life. The technologies of detoxification and nutritional science are core skill sets of most alternative medicine professionals, and these natural treatments often render most pharmaceutical interventions unnecessary. Since Quackpots is clueless about detoxification and nutritional science and is probably well-funded by Big Pharma, of course Stephen Barrett (http://www.quackpotwatch.org/quackpots/quackpots/barrett.htm) would seek to destroy natural approaches to healing and denigrate the term orthomolecular medicine.

Quackpot lie or misrepresentation: Petitioner, a physician licensed to practice in New York since 1980 who specializes in the nonconventional field of orthomolecular medicine, was charged by the Bureau of Professional Medical Conduct with 74 specifications of misconduct under Education Law § 6530. The charges included gross negligence, gross incompetence, negligence on more than one occasion, incompetence on more than one occasion, fraud, moral unfitness, excessive testing, filing a false report, receiving consideration from a third party for patient referral and failing to maintain adequate records.

The Truth in Rebuttal: That sounds bad, doesn’t it? In fact, all of these had no basis in reality whatsoever, and they are answered in detail in Dr. Gant’s appeal to the NY Supreme Court which can be read in its entirety in another section of this website. The “moral unfitness” charge was especially interesting, as it stems from ordering hair testing on children with ADHD, other childhood spectrum disorders and in patients with other conditions, which is “illegal” in NY State. Actually, this diagnostic panel for heavy metals could be collected “legally” on patients in NY and sent out to testing laboratories, but it was “illegal” for those labs that did the testing to mail them back directly to New York. In an attempt to get this critical laboratory data, Dr. Gant had the laboratories mail the results to a drop off point in another state (where its legal), and then had them forwarded to his office in Syracuse, NY (which is legal). No laws were broken at all.

New York is the only state (as far as is known) that restricts hair testing and the 100+ peer-reviewed, published, scientific studies attesting to hair testing of heavy metals as a valid diagnostic test were not allowed into the court records in Dr. Gant’s defense and subsequently were ignored by the court. Since Dr. Gant skirted NY State’s ridiculous regulations, he was guilty of “moral unfitness.”

The rationale for NY Department of Health’s sensitivity to this issue stems from their failure to satisfy their sworn, stated mission, to protect the health of NY State citizens. The hair testing for heavy metals ordered and interpreted by Dr. Gant on thousands of NY State patients proved that the NY State Health Department has utterly failed to protect their citizens from the health-damaging effects of toxic metals, especially in the metropolitan areas. Out of their shame and humiliation, when Dr. Gant legally skirted their “law,” which was intended to prevent NY State citizens from finding out how badly the health department had failed in protecting them from toxic metals, the Office of Professional Medical Conduct proclaimed, as if they have the slightest clue about the meaning of truth, good science, or morality, that Dr. Gant was “morally unfit.”

Quackpot lie or misrepresentation: The allegations stem from petitioner’s treatment of nine patients
The Truth in Rebuttal: NY State, out of shame and humiliation, attempted to hide the fact that all 9 patients either got well or did much better with Dr. Gant’s care. How they attempted to hide the truth is explained in other sections of this website.

Quackpot lie or misrepresentation: from 1998 to 2000, as well as reports that petitioner had, among other things, misrepresented his credentials
The Truth in Rebuttal: Dr. Gant stated in unambiguous terms, on his website, in publications, at trade shows etc., that he was trained in family practice and psychiatry, which is a fact. In their ideological obsession to prosecute all “nonconventional” medicine practitioners, NY State twists this fact and proposes a delusion that Dr. Gant was actually making a claim that he was board certified in these specialties, or that he was a “psychiatrist,” none of which are claims that he ever made.

Quackpot statement: utilized a laboratory to conduct diagnostic tests for which it was not certified in New York
The Truth in Rebuttal: Oh my, the hair testing issue discussed above, rears its ugly head again; touchy, touchy! Hair testing is a CLIA-certified diagnostic test allowed in most or all states and the rest of the entire world. Despite NY State’s attempts to hide the fact that they fail to adequately test for or treat NY State citizens for heavy metal toxicity, it’s funny how the truth eventually emerges.

Quackpot lie or misrepresentation: and received improper consideration from a nutritional supplement company in which he had an ownership interest
The Truth in Rebuttal: Dr. Gant proved that he never had any ownership whatsoever in any nutritional company. Dr. Gant often referred his patients to a nutritional company that could assure him that they would sell only higher quality supplements, which is all he was interested in. Dr. Gant proved that he never received direct compensation for this, but that certain Nutritional Companies did finance some of his talks and lectures at trade shows (travel and lodging only). In any case, many doctors sell supplements in their officies, even in NY State, and there is nothing improper or illegal at all about that. Dr. gant has never done that as a matter of principle. Throughout all the proceedings of this absurd prosecution, double standards like this emerge over and over. The term “improper” is defined as anything one chooses it to be.

Quackpot lie or misrepresentation: After a hearing which spanned 18 days, a Hearing Committee of the State Board for Professional Medical Conduct (hereinafter Committee) sustained many of the charges. Specifically, the Committee found that petitioner had, among other things, repeatedly failed to obtain complete medical histories for his patients.
The Truth in Rebuttal: Virtually all patients in Dr. Gant’s practice received a history and physical exam which was performed by a nurse practitioner, and over and above this, Dr. Gant took extensive histories to get to the issues that allowed him to order the proper diagnostic tests, which allowed him to find the underlying causes of his patients problems, and which then allowed him to address those issues usually successfully with natural treatments.
Incidentally, outright lies are apparently permitted in the footloose and fancy-free administrative court system, and would never be allowed in a real court of law (civil or criminal) where basic ethics and jurisprudence prevails.

Quackpot lie or misrepresentation: failed to perform required physical examinations
The Truth in Rebuttal: Out of 2000 charts the state rifled through when invading Dr. Gant’s office, the state found some which had no histories and physicals, because the nurse practitioner who performed them on virtually all patients called out sick that day. Or, due to scheduling issues, the history and physicals were scheduled on the 2nd visit, which is a perfectly legitimate practice – unless that is, you are being held to a double standard.

Quackpot lie or misrepresentation: failed to document his diagnoses
The Truth in Rebuttal: The diagnoses Dr. Gant used were those which CAUSED the disorders, such as heavy metal toxicity discussed above. After evaluating patients, the list of causative diagnoses grew enormously, such as mineral, fatty acid or amino acid deficiencies, various toxicities, GI infections etc. They were clearly documented in the records. The state does not believe that such causative diagnoses are valid and that they should never be used.

Quackpot lie or misrepresentation: prescribed medications without documenting an adequate medical indication
The Truth in Rebuttal: If NY State fails to understand the causative diagnoses such as a candida infection, or believes they don’t even exist despite hard laboratory evidence, of course they are not going to accept the need for antifungal medication. The state does not believe in parasites either, so prescribing of anti-parasite medicine would, according to the state, be the prescribing of “medications without documenting an adequate medical indication.” Chelating agents likewise is invalid because heavy metal toxicity does not exist.

Quackpot lie or misrepresentation: ordered tests from a laboratory not certified to do such tests
The Truth in Rebuttal: Oh my, the hair testing issue discussed above repeats over and over. Why are they so sensitive about this!?

Quackpot lie or misrepresentation: documented diagnostic codes which did not accurately reflect the treatment actually provided
The Truth in Rebuttal: The obsolete standards of care that NY State approves of, fail to even recognize such proven risk factors as parasites, candida, heavy metals, nutritional deficiencies, gastrointestinal infections or food allergies, which in extensive diagnostic testing were shown to be likely causal risk factors of Dr. Gant’s patient’s disorders, especially AD/HD and childhood spectrum disorders. He provided scientific evidence from peer-reviewed studies to suggest they were valid risk factors, which they chose to ignore, so of course they are going to conclude that they “did not accurately reflect the treatment actually provided”

Quackpot lie or misrepresentation: provided patients with erroneous diagnostic codes on their billing statements
The Truth in Rebuttal: already answered above. The state does not accept a standard of care which treats the underlying immune, toxic, nutritional, allergic, metabolic or genetic causes, because if they did, 90% of medications would be obsolete, and it’s the threat to profitable pharmaceuticals that is the basis of this whole trial. “Orthomolecular medicine” (the term used then) is a threat to the prevailing standard of care, which is to maintain illness and simply cover up symptoms with profitable drugs.

Quackpot lie or misrepresentation: and misrepresented his credentials
The Truth in Rebuttal: Already answered above. Dr. Gant has often stated that he was so bored with his psychiatry and family practice residencies, which was all about drugs and more drugs to treat the side effects of drugs, and not about authentic healing practices, that yes, he left those residency programs before completing them. His credentials were never misrepresented.

Quackpot lie or misrepresentation: The Committee further found that petitioner had improperly prescribed nutritional supplements which were exclusively sold by a company in which he had an interest and from which he received consideration
The Truth in Rebuttal: After proving that he had no “interest” in any nutritional company, but that he he did work closely with one to be sure that the best quality supplements were on hand, and because that company was next door to his office, the state apparently assumed that the profit motive would be too seductive and that Dr. Gant could not have had his hand in the till in some way. After all, if faced with the same temptation, members of the OPMC running the hearing could never imagine themselves not pulling a little cash out here or there. The state found no evidence that money was ever made on supplements, and this is all speculation.

Quackpot truth: The Committee ordered the suspension of petitioner’s license to practice medicine for five years
The Truth in Rebuttal: finally a truthful statement – Hallelujah – are Quackpots and NY State Health Department representatives capable of making any truthful statements. Yes, to save face, even though Dr. Gant and his lawyer crucified them in court, NY State had to somehow let some of the lies and deceptions stick. Otherwise, how could they justify the wastage of all those millions of dollars on in this fairy tale prosecution?

Quackpot lie or misrepresentation: but stayed all but six months of the suspension subject to petitioner’s successful completion of courses to the satisfaction of the Director of the Office of Professional Medical Conduct (hereinafter OPMC). . . .
The Truth in Rebuttal: Dr. Gant was forced to take kindergarten level family practice review courses, as the state wanted to rub his nose in their drug-obsessed standard of care.

Quackpot lie or misrepresentation: With respect to petitioner’s nine patients who were the focus of the OPMC investigation, the record fully supports the findings that petitioner—in most, if not all, of the cases—recurrently failed to meet acceptable standards of care
The Truth in Rebuttal: See the article on this website Negligence, Incompetence and Fraud, where Dr. Gant’s standard of care focuses on actually correcting the underlying causes of his patient’s illnesses, rather than covering up symptoms with drugs, the state’s standard of care. Dr. Gant’s standards so exceed NY State’s definition of accepted standards, which is to palliatively merely cover up symptoms with drugs and never address the underlying causes, that neither the Quackpot nor the NY State Department of health has the slightest clue what he was talking about. Of course the maintenance of disease and disability by covering up symptoms with dangerous and expensive drugs, as opposed to addressing the actual causal risk factors, pays financially subsidizes state bureaucrats, drug companies, physician groups and probably the Quackpots, so you can understand why this case is so important. “the record fully supports the findings that petitioner”, on the other hand, promoted a standard of care that so far exceeded the abysmal standard that the state promotes, that they were was utterly clueless about even understanding what it was. Dr. Gant’s case was tantamount to a group of Newtonian physicists prosecuting a Quantum physicist. Luckily, physics does not stay mired in obsolete paradigms of care simply to promote the profiteering of its advocates.

Quackpot lie or misrepresentation: in that petitioner failed to obtain an adequate medical history
The Truth in Rebuttal: see above, absolute fabrication

Quackpot lie or misrepresentation: failed to perform and document an adequate physical examination
The Truth in Rebuttal: see above, absolute fabrication

Quackpot lie or misrepresentation: failed to form and document an accurate initial and working diagnosis
The Truth in Rebuttal: see above, absolute fabrication

Quackpot truth: (although he may have formed—as to some patients—an accurate diagnosis
No Rebuttal needed: How did something that Dr. Gant does well slip through the misrepresented Quackpot libel? Actually there were a lot of positive statements in the court order, but the Quackpots only publicize the negative information to skew public opinion. The Quackpots should be notified that they need to strike this one positive statement from the record.

Quackpot lie or misrepresentation: prescribed medication without documenting adequate medical indications
The Truth in Rebuttal: see above, absolute fabrication

Quackpot lie or misrepresentation: sent specimens for testing to a diagnostic laboratory which he knew or should have known was not certified by this state to perform such tests
The Truth in Rebuttal: see above, absolute fabrication

Quackpot lie or misrepresentation: failed to maintain accurate medical records
The Truth in Rebuttal: see above, absolute fabrication

Quackpot lie or misrepresentation: knowingly documented diagnostic codes for which no evaluation or treatment was provided
The Truth in Rebuttal: (lies, deceit, all repetitious of above and refuted);

Quackpot lie or misrepresentation: and placed such erroneous diagnostic codes on the patients’ bills knowing that they would use these bills to seek reimbursement under their third-party health coverage
The Truth in Rebuttal: (lies, deceit, all repetitious of above and refuted).

Quackpot lie or misrepresentation: There is also ample support in the record for the Committee’s finding that, as charged, petitioner improperly received consideration from a nutritional supplement company which exclusively distributed and sold the supplements and nutrient formulae which petitioner prescribed to his patients
The Truth in Rebuttal: (lies, deceit, all repetitious of above and refuted),

Quackpot lie or misrepresentation: a business in which he had an ownership interest
The Truth in Rebuttal: (lies, deceit, all repetitious of above and refuted).

Quackpot truth: Petitioner received consideration from the company in the form of the promotion of his medical practice and of a book he had authored
The Truth in Rebuttal: Another truthful statement? Yes, minor profits from the sale of nutritional supplements went to promoting Dr. Gant’s talks and books, which were primarily aimed at educating patients about Ritalin and other addictive, brain-injurious drugs for AD/HD. Drugs for AD/HD are completely unnecessary, as supplements can address the root causes better, and actually improve the nutrition and brain development of children, which Dr. Gant demonstrated in a peer reviewed published study (also on this website).

Quackpot lie or misrepresentation: Also well documented is the finding that petitioner misrepresented his credentials when he advertised that he was trained in family practice and psychiatry
The Truth in Rebuttal: (lies, deceit, all repetitious of above and refuted),

Quackpot lie or misrepresentation: knowing that he had not satisfactorily completed the required residency for either of these specialties
The Truth in Rebuttal: (lies, deceit, all repetitious of above and refuted).

Quackpot lie or misrepresentation: Accordingly, there is substantial record evidence to support the Committee’s determination sustaining the charges that petitioner practiced the profession with negligence on more than one occasion, practiced his profession fraudulently, engaged in conduct which evidences moral unfitness, filed false reports, received consideration from a third party for patient referrals and failed to maintain accurate records
The Truth in Rebuttal: lies, deceit, all repetitious of above and refuted, and see the article, Negligence, Incompetence and Fraud located in another section of this website. Dr. Gant is of the opinion, that Ritalin mill doctors, who represent a small fraction of all doctors, and who prescribe over 90% of these cocaine-like drugs to children to treat ADHD, are guilty of the most heinous Moral Unfitness and Negligence, Incompetence and Fraud. And those who attack doctors who have found alternative, safer, more effective and natural methods to treat ADHD or any other medical or psychiatric disorder, are committing a crime against humanity.

Quackpot lie or misrepresentation: Before his suspension, Gant’s Web site stated:
• Gant’s nutritional methods are effective against ADD & ADHD; aging and longevity; alcohol and drug problems; allergies; Alzheimer’s; arthritis; asthma; immune and autoimmune disorders; cancer; chronic cardiovascular problems and risk factor screening; chronic fatigue; chronic illness; chronic pain; depression; detoxification; diabetes; fibromyalgia; heart and vascular disease; heavy metal toxicity; hormonal problems; intestinal problems; lifestyle health issues; men’s health problems; mental health problems; migraine; neurological disorders; osteoporosis; Parkinson’s disease; sinusitis; smoking; sports nutritional medicine; and women’s health problems.
The Truth in Rebuttal: Well no, Dr. Gant never made any such claims for absolute effectiveness, although he has achieved increasing success in treating these disorders, and demonstrated that in his trial. But even now as his skills are honed far beyond where they were 15 years ago, the complexities inherent in evaluating several hundred immunological, infectious, metabolic, nutritional, allergic and genomic variables still leaves him occasionally stumped in some patients.

Quackpot lie or misrepresentation: Gant’s services cost $260 for the first visit and $260 for the first follow-up visit (in person or by phone).
The Truth in Rebuttal: The jury members, which was illegally constituted to not include a lay person, were amazed that Dr. Gant routinely devotes over an hour to each patient to evaluate these complex causalities. The reader should be reminded that the “accepted standard of care” is the 5-10 minute exam, followed by a few minutes to write prescriptions and cover up symptoms with drugs. This is a standard of care which is far below Dr. Gant’s, so who actually is guilty of negligence, incompetence and fraud?

Quackpot lie or misrepresentation: “Testing of the blood, stool, urine, saliva and/or hair can determine certain patterns of toxicity and nutritional deficiency that are unique to you. Based on lab testing, when the good stuff that was missing is replenished, and the bad stuff that was found is removed, the chemistry of your body and brain must work better.”
The Truth in Rebuttal: Well, there the Quackpot goes again, using quotes to put down Linus Pauling and denigrating perhaps 100,000+ peer-reviewed scientific papers and discoveries in the last 60 years that prove them to be wrong. As Linus Pauling was quoted to say, “Whatever a doctor isn’t up on they are down on.” Why is it so important to Quackpot to attack good science? What do they get out of it?

Quackpot lie or misrepresentation: “After an evaluation, Dr. Gant refers his patients to certified laboratories. Based on the results of the lab testing, nutritional supplements are targeted to correct specific imbalances found.”
The Truth in Rebuttal: How could this possibly be denigrated by quotes? Have the Quackpot not heard about President Obama’s Precision Medicine Initiative? So now they are attacking the White House, big corporations and heads of major universities, in their denial of the validity of Precision Medicine science?

Quackpot lie or misrepresentation: Patients should have a half-hour follow-up after three months (no fee specified).
The Truth in Rebuttal: Well, duh, what’s wrong with 3 months of treatment bringing a reversal of chronic medical and psychiatric disorders that have been around for years or decades.

Quackpot lie or misrepresentation: The diagnostic and treatment methods of “orthomolecular medicine” are not recognized as valid by the scientific medical community [3]
The Truth in Rebuttal: Here, Stephen Barrett, a world-renowned expert in absolutely nothing, attempts to taint the reputation of world-class, renowned, innovative healers, uses a reference to a non-peer-reviewed article written by…. Drum rol….himself. Where was this article published? Dr. Gant has authored an article about natural treatments of ADHD, which is peer-reviewed and published, and listed on PubMed. Does Barrett have any such articles?

Quackpot lie or misrepresentation: Gant’s appeal argued that he should not be held to the standards of conventional medicine, but the Court ruled that regardless of differences in treatment regimens, “all physicians who are licensed to practice in New York may be held to the same standards.” [1]
The Truth in Rebuttal: On the contrary, the low standards of care entailing the drugging patients with chemicals to cover up symptoms, is a standard Dr. Gant will never stoop to. This is a classical example of how the state is used to destroy innovation in a free market system, AKA, private practice.

Quackpot lie or misrepresentation: The board’s 31-page statement of charges describes how Gant mismanaged the nine patients [4]
The Truth in Rebuttal: Actually, all nine patients who got well or improved significantly under Dr. Gant’s care, had spent years seeking medical care from doctors who adhere to the state’s standard of care, i.e., try various chemicals to see if one works or not. They were mismanaged for years with an inferior standard of care, and were successfully managed with a superior standard of care, i.e., diagnoses and treat the causes.

Quackpot lie or misrepresentation: After the Court’s decision was announced, Gant stated that he would not resume practicing after his 6-month suspension ended [5].
The Truth in Rebuttal: How could Dr. Gant practice in a state which was so ideologically obsessed with destroying alternative doctors, that they were willing to lie, cheat and break the law to get him prosecuted?

Quackpot lie or misrepresentation: Since then, however, he has been practicing as a registered naturopath in Washington, D.C.>
The Truth in Rebuttal: Piling lie on lie on lie. Dr. Gant has been licensed as an MD in the District of Columbia for many years.

Quackpot lie or misrepresentation: Gant has a “PhD’ in psychology from Columbia Pacific University, a nonaccredited correspondence school that was subsequently closed by order of a California court [6].
The Truth in Rebuttal: How tiresome, yet another lie to refute. Actually, at the time Dr. Gant was awarded a PhD in psychology, Columbia Pacific University was accredited in California and 3 other western states, and he could have sat for his boards in psychology. But Dr. Gant realized he could not have passed the psychology boards, because as in medicine, he would have had to learn a lot of irrelevant information which has nothing to do with healing patients. His 106 page doctorate thesis, like most doctorate theses for several decades, is available at the University of Michigan Serials and Microforms Services, Harlan Hatcher Graduate Library, 913 South University Avenue, Room 203, North Ann Arbor, MI 48109. It is preserved hopefully for all time.


References

1. Orthomolecular therapy. Quackwatch, July 12, 2000.