Press Coverage

ACCUSED PODIATRIST ATTEMPS TOUGH FEAT: STOMPING OUT BOARD

By William Finn Bennett

Victorville -A local foot doctor, locked in battle with the California Board of Podiatric Medicine over its revocation of his license, is fighting back.

The doctor's attorney obtained a stay on the board's revocation from a Los Angeles Superior Court judge on May 14.

But Dr. Garey Lee Weber, DPM, is not just taking the board to court. His attorney is attempting an audacious feat – convincing the state to dissolve the board.

Weber has hired a lobbyist to pressure state legislators into eliminating the board and assign its licensing and enforcement powers to the Medical Board of California.

"What we have seen is a negative impact on patient health care choices, as the board runs practitioners out of the state and limits patients' podiatric choices," Weber's attorney Matthew Rifat said.

Rifat has already filed more than 20 lawsuits against the board as well as 32 public information requests. On Tuesday, he said he will spend the day in Sacramento lobbying legislators.

Weber owns the Doctor's Foot and Ankle Center at the Mall of Victor Valley.

Rifat accuses the board of a systematic campaign of harassing some California podiatrists through fines and disciplinary actions – to generate revenue and to impress legislators.

"If the board would stop doing things that were stupid and illegal, I would never have to file another lawsuit," Rifat said. "I take no joy in having to sue a state agency, but when there is a clear abuse of power, I have no alternative."

The board revoked Weber's license on May 4 for allegedly violating terms of his probation. The 1999 probation followed a series of complaints about a surgical procedure known as the Weber Bunionectomy," said Jim Rathlesberger, executive officer with the California Board of Podiatric Medicine.

The revocation now awaits a final judicial decision later this year.

The battle lines are drawn.

Rifat said the California Podiatric Medical Association came to him on Thursday, attempting to broker a deal to save the board.

"We are happy to cooperate with them to ensure there is a fundamental fairness and accountability restored to the Board of Podiatric Medicine," Rifat said.

Barring an agreement with the association, however, Rifat said he will be in Sacramento Tuesday, lobbying the legislature for the board's demise.

"That's complete rubbish," the board's executive officer, Jim Rathlesberger said.

There will be no agreement between the association and Rifat, he said, since the board has the complete support of the association. On Thursday, the association voted unanimously in support of not dissolving the board.

Rathlesberger said it was a resounding vote of confidence in the board and a victory against Rifat and Weber.

"There is no way Matt Rifat is going to get rid of the board," he said. "He is trying to dissolve the board because we are enforcing the law to protect the public – and that is what the legislature wants us to do."

Money is the goal of the many fines Rifat said the board levies.

"If Jim Rathlesberger isn't fed fresh podiatrists, then the board starts running out of revenue sources," Rifat said. "It's like a municipality issuing parking tickets – except these parking tickets affect the medical profession's reputation."

Rathlesberger said that, in fact, the board loses money on citations and fines.

"The amount of money we get is insignificant. This year – to date – we have received just $2,200."

He also denied Rifat's claim that the board is driving podiatrists out of the state. In fiscal year 1993 there were 2,134 podiatrists licensed in the state. Today, there are 1,755. Most of that difference is because of the growth in managed health care, Rathlesberger said. The board has revoked the licenses of 11 podiatrists since fiscal 1994. Another 15 doctors voluntarily gave up their licenses.

Rifat accused the board of using disciplinary actions against certain podiatrists to justify its existence as an enforcement agency.

He said that when the board comes up for legislative review, it can say, "look how many disciplinary measures we have filed."

"This creates a perversion of the system, because what you have is a board that is looking for disciplinary numbers, rather than good causes of discipline."

Weber's problems with the board go back to the 1980s.

The board and the Attorney General first filed charges against Weber and certain other podiatrists in 1987. That civil action sought a court order requiring them to halt alleged unethical business practices and grossly substandard treatment.

Settlement of that action resulted in a 1990 Los Angeles Superior Court order under which Weber and the other podiatrists paid the board $420,000 in cost recovery, a national record for a medical board case, board officials said.