Posts Tagged ‘BOMAX’

Executive Director Maxine McCarthy: Limitations on “Privileged Communications”

Thursday, June 4th, 2009

To download a copy of Maxine McCarthy’s letter of August 15, 2006, right click on the file immediately below and select <save target as> and select a spot on your computer:

 2006-08-15-mccarthy-limitations-upon-priviledge-color

Allow me to comment on the meaning of this evidence.  It is important because it demonstrates the idiocy of a specific area of the Arizona Board of Psychologist Examiners’ Rules & Regulations.

Furthermore, McCarthy’s letter and claim introduces the concept of “partially privileged” communications as it pertains to complaints brought before BOMAX, the Arizona Medical Board.

According to my first attorney before the Board, Mr. Stephen Myers, Esq., the “partial privilege” was established for medical doctors when a case was brought before the Arizona Supreme Court; moreover, it remains untested as it pertains to psychologists.

This rule or the lack of this rule demonstrates the over reaching power of the State.  Furthermore, this provides fertile ground for the State of Arizona government to be corrupt from top to bottom.  Dare I say that Arizona State government is THE MOST CORRUPT of state governments?

I am not saying that there is more corruption in Arizona than, for instance, Chicago and Illinois.  What I am saying is the limitations of the rules & regulations and statues empower the State government of Arizona so that no one can overcome it–even when the State is wrong–even when elected public officials, their lackeys and underlings commit serious felonies! 

Even if I demonstrated in the courts, Arizona Superior Court followed by the Supreme Court of Arizona, that my Board was used in a criminal fashion {RICO anyone?} to harm and damage me, I could not recover any of my attorney fees and costs!

That would break me.  It represents an insurmountable obstacle.  Dare I say ”organized crime?”

However, since I never made such a statement as Maxine McCarthy claimed in this letter, let us proceed with this door having been opened by Executive Director Maxine McCarthy herself.  As you shall see, I will be calling Maxine McCarthy as my witness again towards the end.  Needless to say, there is a lot of evidence to present before then.

Below is McCarthy’s letter converted and copied into Dr. Kent’s Blog to facilitate open searching:

Board Members

James J. Cox, Ed.D.
Chairperson

Miki Paul, Ph.D.

Vice-Chairperson Gary D. Lovejoy, Ph.D. Secretary

Melissa Del-Colle Joseph C. Donaldson Ramona N. Mellott, Ph.D.

Byron N. Rimm

Maryann Santos de Barona, Ph.D.

Fred Wiggins, Ph.D.

 

Staff

Maxine McCarthy Executive Director

Marcus E. Harvey Deputy Director

Vacant Investigator

Shari S. Courtnay Administrative Assistant

State of Arizona
Board of Psychologist Examiners

1400 West Washington, Suite 235
Phoenix, Arizona 85007

Phone: (602) 542-8162             Fax: (602) 542-8279

www.psychboard.az.gov          info@psychboard.az.gov

 

August 15, 2006

John T. Kent, Ph.D.

933 W. Azalea Place

Chandler, AZ 85248-3911

Dear Dr. Kent:

The Board of Psychologist Examiners has received a copy of your e-mail correspondence of August 10 and 11, 2006 to the Executive Director of the State Board of Nursing.

In your e-mail, you state (referring to the Board of Psychologist Examiners) the following: “According to the Rules & Regulations, in the event that a complaint is materially misrepresented, the complaint may not be regarded as privileged and protected.” To my knowledge, this language does not appear either in this Board’s rules or statutes.

As you know, the complaint filed against you by M.K. was dismissed by the Board’s Complaint Screening Committee on March 20, 2006 because it was without merit. Therefore, the Board considers this matter closed.

Sincerely,

 

Maxine McCarthy Executive Director

 

RFI No. 06-09 KENT/3

Sunday, January 18th, 2009

 

Request for Investigation Number 06-09 was filed against me on February 15, 2006.  It contained several pages of attachments.  Again, while this was filed in retaliation against me, because it is a fully privileged communication I am unable to make it public at this time. 

 

Actually, it was more than merely “retaliation;” however, I am not at liberty to discuss it further least I inadvertently reveal something salient regarding the nature of the complaint.  Allow me to say it was a crime.  Let it suffice to say it was crafted quite effectively and appeared to involve the help of another psychologist who shall also remain unnamed at this time.  More importantly, the organization of the complaint letter and the documentation indicate a coordinated effort to harm me.

 

While these are extremely sensitive matters and, quite frankly, embarrassing, once I am at liberty to do so, I shall publish this in full.  Complaints before the Arizona Board of Psychologist Examiners are “fully privileged.”  What this means is the party/parties filling such complaints are held completely harmless even though their complaint(s) is obviously frivolous, libelous, slanderous and intentionally damaging.  In other words, there are no protections for psychologists such as exists for physicians.

 

Complaints before the Arizona Board of Medical Examiners (BOMAX) are “partially privileged.”  What this means is that when a party files a complaint merely to harass and damage the license holder, the license holder may pursue that party for damages.  This is not the case with complaints before the Arizona Board of Psychologist Examiners and it would take suing my own Board in the Arizona Supreme Court to secure that right to protect myself.