Arizona's homeopathic board is the second chance for doctors who may not deserve one

Rowe tells New Times he is aware that it's illegal for a homeopath to perform breast augmentations and tummy tucks in Arizona without an M.D. or D.O. license. He also confirms that "it's against the law for a doctor who isn't an M.D. in Arizona to advertise himself as an M.D."

So why didn't either issue come up in January, when Schmerler was before the board?

"We are only allowed to focus, as a board, on the complaint. We're limited in what we can explore outside of the initial complaint," Rowe says. But he adds that the board could open its own complaint, if it wanted. He says he's not sure why it didn't.

If Arizona lawmakers did disband its homeopathic board, it wouldn't be the first time that's happened in this country. In 1957, the state of Maryland disbanded its 80-year-old homeopathic board amidst controversy surrounding the doctors it was licensing. Other states have followed suit, forcing homeopaths to get licensed with the conventional board.

Some of Arizona's lawmakers say they have higher hopes for the largest homeopathic board in the nation. Despite last year's less-than-favorable audit, the state Senate voted last month to continue the board for two years.

The Senate also passed another omnibus bill that addresses a few of the problems highlighted in the audit. Both bills are expected to pass the House this month. But they don't plug the biggest loophole.

Barbara Leff, a Republican from Paradise Valley, and Paula Aboud, a Tucson Democrat, are members of the Senate Health Committee. Leff did not return calls for this story, but Aboud says she knows about the audit and that she and Leff sponsored amendments to the omnibus bill that would affect the homeopathic board. One amendment touches more on the concerns of activist doctors than the concerns of the audit.

One new clause in the bill confirms the board's power to license doctors who've been kicked out of other states.

Aboud — who has sought treatment from homeopaths — says she's concerned about that very problem.

"If you're doing classical homeopathy, which is merely a spiritual practice of working on the level of the spirit or the body, there are not too many ways a person can be harmed," Aboud tells New Times.

"But this homeopathic board is allowing a homeopathic doctor to do surgery and acupuncture and treatments that do harm the public."

The bill passed by the Senate in March and pending in the House as of press time does take a step toward closing the loophole. It would require doctors who've been revoked to wait five years before applying for their homeopathic license. That doesn't stop doctors from applying months or weeks before their licenses are revoked in their home state.

Dr. Charles Crosby, the Florida sex addict, illustrates why the new legislation wouldn't close the loophole. The intent behind the new line is that a doctor like Crosby couldn't apply for a homeopathic license until five years after he lost his Florida license.

But Crosby didn't apply for his homeopathic license after Florida suspended him. He applied for it two months before they suspended him.

In all states, doctors know when a medical board is investigating them. If doctors think they may lose their conventional licenses, they can secure an Arizona homeopathic license during the months of investigation in their home state.

Then, if their conventional license is stripped, they retain a homeopathic license. The bill that passed the Senate would not stop shrewd doctors from walking through the loophole. It still would allow them to keep a homeopathic license, even if they were stripped of the M.D. or D.O. license two months later — as Crosby was.

Conventional medical boards across the country rubber-stamp revocations. For example, when Dr. Gary Page surrendered his Utah license, California automatically revoked his license there.

Arizona's homeopathic board, however, doesn't have to follow suit.

The new legislation wouldn't affect the homeopathic board's ability to ignore revocations in other states — or even here in Arizona.

In fact, the proposed fixes would have let every single one of the problem doctors in this story into Arizona, though it would have delayed one doctor for two years.

If the House passes a bill that doesn't close the loophole, the governor could still veto it. Governor Janet Napolitano's spokeswoman, Jeanine L'Ecuyer, says she's surprised to hear the homeopathic board has licensed convicted felons.

"The governor has a general policy of not commenting on legislation until it's before her for her signature or veto," L'Ecuyer says. "But what you've described is of tremendous concern. We will begin the process of working with the board to see what's going on because public safety is paramount to the governor."

Dr. Kathleen Fry is one homeopath who doesn't think the new legislation would do enough. Fry is also an M.D. in good standing with the Arizona Medical Board. She testified before the Senate Health Committee in February that the homeopathic board is broken.

"I ask you not to continue this corrupt system because more people may end up maimed or dead." Fry said, then referring to Page's patient.