St.John Smythe
2020-02-07 18:46:44 UTC
BEFORE THE GEORGIA MEDICAL COMPOSITE BOARD
STATE OF GEORGIA
IN THE MATTER OF:
Andrew Ben-Hua Chung, M.D.
License No. 040347
RESPONDENT
—FINAL DECISION—
Dr. Chung’s Examination:
Typically an MPE (Mental/Physical Examination) is performed by a
psychiatrist and several corollary staff, as well as a psychologist, and a
board certified internist completes a physical exam. In late August 2016
Dr. Weichbrodt was the attending physician psychiatrist assigned to
the respondent’s (Chung) MPE. After speaking with the respondent, Dr.
Weichbrodt concluded that he held nutritional beliefs consistent with a
delusional disorder, for example, the respondent weighed his food,
believing that every individual, whether infant child or adult, should
consume exactly “32 ounces of food per day because it has a magical
quality that is necessary for health…”
To the contrary, nutritional needs must be calibrated to the individual.
In Dr. Weichbrodt’s opinion, the respondent’s delusional belief systems
would compromise his ability to diagnose and treat patients.
The respondent also demonstrated a compulsive sort of driven belief to
repeat certain phrases. Before proceeding with a conversation or
interaction during the MPE, The respondent insisted on staff repeating
the phrase “wonderfully hungry”.
Dr. Weichbrodt concluded that the respondents obsessive need to hear
individuals speak the phrase “wonderfully hungry” before discussing
matters at hand, is “at odds with the kind of neutral information one
must gather to do a physical exam or provide medical care.”
The respondent maintained that if an individual proved “wonderfully
hungry“, or had a “healthy appetite“, he would know that “through our
ability to eat, our healthy appetite,…we are both not having a heart
attack at the moment“.
Correlating a phrase with not having a heart attack was another
example of “magical thinking“ that would adversely affect a patient’s
medical care.
In addition to finding that the respondent suffered from a delusional
disorder, Dr. Weichbrodt’s final report includes a diagnosis of
schizotypal personality disorder. Personality disorders interfere with
social interaction. Information from collateral sources indicated that the
respondent had a history of social awkwardness and difficulty with
interpersonal relationships, and personality disorders.
Concluding that the respondent had a “delusional disorder mixed type,
continuous with grandiose features and a schizotypal personality
disorder“ Dr. Weichbrodt’s preliminary and final reports indicated that
the respondent was not able to practice medicine with reasonable skill
and safety. The final report recommended that the board restrict the
respondent from medical practice until he undergoes treatment at a
professional physicians recovery program specializing in psychiatric
disorders.
Brain injuries can lead to psychotic beliefs and symptoms. Based on
information that the respondent had suffered a brain injury in 1997, the
final report also directed that the board require medical follow up
regarding lab abnormalities and neurologic consultation, with imaging
studies. Should the respondent return to practice, Dr. Weichbrodt urged
that the board actively monitor patient feedback regarding their
medical care.
Respondents testimony:
The respondent testified that he has registered in the federal election
commission‘s database as a 2020 nonpartisan candidate for president
under the name “HeartDoc Andrew”. As part of his presidential
platform the respondent believes that he must say “I’m wonderfully
hungry”, however he maintains that his speech is protected political
speech under his presidential campaign platform. The respondent
rejects the determination that he suffers from a delusional disorder
asserting that he is the only physician researching the phrase
“wonderfully hungry“. According to the respondent, the Medical Board
is trying to revoke his license for saying “I’m wonderfully hungry”.
He argued that it should be concerning to the Medical Board that the
state Medical Board’s expert witness admitted he didn’t do such
research. (The respondent also accused the Board, and/or individuals
associated with the Board, of having a financial interest in this matter.)
The respondent proposed that the psychological testing performed as
part of the MPE was invalid, suggesting that a diagnosis of schizotypal
personality disorder and psychotic disorders, such as delusional
disorder, we’re inherently incompatible. [The undersigned] credits Dr.
Weichbrodt’s testimony that it is possible to have both disorders, and in
any event “the focus of concerns would be on the delusional disorder in
terms of medical practice”.
Conclusions of law:
The Board bears The burden of proof both regarding the order of
suspension and the statement of matters asserted. The standard of
proof is a preponderance of evidence.
Pursuant to O.C.G.A. §43-1-19(a), a professional Licensing Board shall
have the authority to revoke or discipline the license of a person upon
finding that the licensee has:
Displayed and inability to practice a business or profession licensed
under this title with reasonable skill and safety to the public or has
become unable to practice from a licensed business or profession with
a reasonable skill and safety to the public…
Additionally, the Board may sanction a licensee upon finding that the
licensee is unable to practice with “reasonable skill and safety” by
reason of illness, the use of alcohol, drugs, or other substances, or as a
result of any mental or physical condition. In enforcing this paragraph,
the Board may require the licensee to submit to a mental or physical
examination (MPE), the results of which shall be admissible in any
hearing before the Board.
If the Board finds causes for discipline, it may deny, revoke, suspend,
fine, reprimand, or otherwise limit the license of a physician.
Based on the aforementioned findings of fact, the Board has proven by
a preponderance of the evidence that the respondent is unable to
practice with reasonable skill and safety as a result of his mental
illness. [The undersigned] finds the testimony of Dr. Weichbrodt that
the respondent suffers from a delusional disorder to be persuasive. As
a result of this disorder the respondent adheres to certain beliefs and
rituals that compromise his ability to practice medicine with reasonable
skill and safety.
Although the respondent maintains that the Board’s action is an
attempt to interfere with his constitutional rights to freedom of speech,
there was no credible support for the respondent’s position presented
at the hearing. To the contrary the Board proved that the respondent’s
bizarre nutritional and medical beliefs coupled with his obsessive need
to question others as to whether they were “wonderfully hungry“, or
had a “healthy appetite“, would interfere with his ability to practice
medicine with reasonable skill and safety.
Decision:
If the Board finds cause for discipline it may deny, revoke, suspend,
fine, reprimand, or otherwise limit the license of a physician.
Based on the evidence presented at the hearing-that the respondent is
unable to practice medicine with reasonable skill and safety due to his
mental illness, [The Undersigned] finds that the board had good cause
to issue it’s order of summary suspension and AFFIRMS the order for
the same reasons, [The Undersigned] RECOMMENDS that the
respondent’s license is REVOKED.
So ordered, this 15 day of February, 2017.
[signed] RONIT WALKER, Administrative Law Judge.
______________________________
STATE OF GEORGIA
IN THE MATTER OF:
Andrew Ben-Hua Chung, M.D.
License No. 040347
RESPONDENT
—FINAL DECISION—
Dr. Chung’s Examination:
Typically an MPE (Mental/Physical Examination) is performed by a
psychiatrist and several corollary staff, as well as a psychologist, and a
board certified internist completes a physical exam. In late August 2016
Dr. Weichbrodt was the attending physician psychiatrist assigned to
the respondent’s (Chung) MPE. After speaking with the respondent, Dr.
Weichbrodt concluded that he held nutritional beliefs consistent with a
delusional disorder, for example, the respondent weighed his food,
believing that every individual, whether infant child or adult, should
consume exactly “32 ounces of food per day because it has a magical
quality that is necessary for health…”
To the contrary, nutritional needs must be calibrated to the individual.
In Dr. Weichbrodt’s opinion, the respondent’s delusional belief systems
would compromise his ability to diagnose and treat patients.
The respondent also demonstrated a compulsive sort of driven belief to
repeat certain phrases. Before proceeding with a conversation or
interaction during the MPE, The respondent insisted on staff repeating
the phrase “wonderfully hungry”.
Dr. Weichbrodt concluded that the respondents obsessive need to hear
individuals speak the phrase “wonderfully hungry” before discussing
matters at hand, is “at odds with the kind of neutral information one
must gather to do a physical exam or provide medical care.”
The respondent maintained that if an individual proved “wonderfully
hungry“, or had a “healthy appetite“, he would know that “through our
ability to eat, our healthy appetite,…we are both not having a heart
attack at the moment“.
Correlating a phrase with not having a heart attack was another
example of “magical thinking“ that would adversely affect a patient’s
medical care.
In addition to finding that the respondent suffered from a delusional
disorder, Dr. Weichbrodt’s final report includes a diagnosis of
schizotypal personality disorder. Personality disorders interfere with
social interaction. Information from collateral sources indicated that the
respondent had a history of social awkwardness and difficulty with
interpersonal relationships, and personality disorders.
Concluding that the respondent had a “delusional disorder mixed type,
continuous with grandiose features and a schizotypal personality
disorder“ Dr. Weichbrodt’s preliminary and final reports indicated that
the respondent was not able to practice medicine with reasonable skill
and safety. The final report recommended that the board restrict the
respondent from medical practice until he undergoes treatment at a
professional physicians recovery program specializing in psychiatric
disorders.
Brain injuries can lead to psychotic beliefs and symptoms. Based on
information that the respondent had suffered a brain injury in 1997, the
final report also directed that the board require medical follow up
regarding lab abnormalities and neurologic consultation, with imaging
studies. Should the respondent return to practice, Dr. Weichbrodt urged
that the board actively monitor patient feedback regarding their
medical care.
Respondents testimony:
The respondent testified that he has registered in the federal election
commission‘s database as a 2020 nonpartisan candidate for president
under the name “HeartDoc Andrew”. As part of his presidential
platform the respondent believes that he must say “I’m wonderfully
hungry”, however he maintains that his speech is protected political
speech under his presidential campaign platform. The respondent
rejects the determination that he suffers from a delusional disorder
asserting that he is the only physician researching the phrase
“wonderfully hungry“. According to the respondent, the Medical Board
is trying to revoke his license for saying “I’m wonderfully hungry”.
He argued that it should be concerning to the Medical Board that the
state Medical Board’s expert witness admitted he didn’t do such
research. (The respondent also accused the Board, and/or individuals
associated with the Board, of having a financial interest in this matter.)
The respondent proposed that the psychological testing performed as
part of the MPE was invalid, suggesting that a diagnosis of schizotypal
personality disorder and psychotic disorders, such as delusional
disorder, we’re inherently incompatible. [The undersigned] credits Dr.
Weichbrodt’s testimony that it is possible to have both disorders, and in
any event “the focus of concerns would be on the delusional disorder in
terms of medical practice”.
Conclusions of law:
The Board bears The burden of proof both regarding the order of
suspension and the statement of matters asserted. The standard of
proof is a preponderance of evidence.
Pursuant to O.C.G.A. §43-1-19(a), a professional Licensing Board shall
have the authority to revoke or discipline the license of a person upon
finding that the licensee has:
Displayed and inability to practice a business or profession licensed
under this title with reasonable skill and safety to the public or has
become unable to practice from a licensed business or profession with
a reasonable skill and safety to the public…
Additionally, the Board may sanction a licensee upon finding that the
licensee is unable to practice with “reasonable skill and safety” by
reason of illness, the use of alcohol, drugs, or other substances, or as a
result of any mental or physical condition. In enforcing this paragraph,
the Board may require the licensee to submit to a mental or physical
examination (MPE), the results of which shall be admissible in any
hearing before the Board.
If the Board finds causes for discipline, it may deny, revoke, suspend,
fine, reprimand, or otherwise limit the license of a physician.
Based on the aforementioned findings of fact, the Board has proven by
a preponderance of the evidence that the respondent is unable to
practice with reasonable skill and safety as a result of his mental
illness. [The undersigned] finds the testimony of Dr. Weichbrodt that
the respondent suffers from a delusional disorder to be persuasive. As
a result of this disorder the respondent adheres to certain beliefs and
rituals that compromise his ability to practice medicine with reasonable
skill and safety.
Although the respondent maintains that the Board’s action is an
attempt to interfere with his constitutional rights to freedom of speech,
there was no credible support for the respondent’s position presented
at the hearing. To the contrary the Board proved that the respondent’s
bizarre nutritional and medical beliefs coupled with his obsessive need
to question others as to whether they were “wonderfully hungry“, or
had a “healthy appetite“, would interfere with his ability to practice
medicine with reasonable skill and safety.
Decision:
If the Board finds cause for discipline it may deny, revoke, suspend,
fine, reprimand, or otherwise limit the license of a physician.
Based on the evidence presented at the hearing-that the respondent is
unable to practice medicine with reasonable skill and safety due to his
mental illness, [The Undersigned] finds that the board had good cause
to issue it’s order of summary suspension and AFFIRMS the order for
the same reasons, [The Undersigned] RECOMMENDS that the
respondent’s license is REVOKED.
So ordered, this 15 day of February, 2017.
[signed] RONIT WALKER, Administrative Law Judge.
______________________________