February 2004

Oregon board director faces jail over Holder attack

by Dr. Brian R. Stearns

In a notice of tort claim before Oregon Circuit Court Judge Albin Norblad, damages of $100,000 against the Oregon Board of Chiropractic Examiners (OBCE) and $50,000.00 against the Oregon Office of Degree Authorization (OODA) are for multiple harmful and intentional attacks against Jay M. Holder, D.C., of Miami Beach, Fla.

Also before Judge Norblad is a motion and order against both the OBCE and its Executive Director, David McTeague.

In this action McTeague faces 30 days in jail, a fine of $10,000.00 or both, no salary during confinement, restitution to Dr. Holder of $1000 per day until McTeague complies with all sanctions, and a written public apology to Dr. Holder and the chiropractic profession.

These actions apparently center around McTeague's deliberate and malicious attacks against Dr. Holder's credentials and degrees and are in addition to McTeague having already been found in Intentional Contempt of Court in November 2002, involving his attacks against Dr. Holder.

In addition, McTeague authorized an investigative report by the OODA's David Young, which makes a number of false and defamatory conclusions against Dr. Holder's degrees.

Dr. Holder's degrees have since been determined legitimate. Oregon has since dissolved its employer relationship with David Young. McTeague still disseminated Young's report as well as a thick packet of malicious information to a large number of individuals, government agencies and licensing boards and provided much of what appeared in Dr. Donald Harrison's newspaper, the "American Journal of Clinical Chiropractic (AJCC)."

On November 25, 2002, McTeague's conduct was found to be in Intentional Contempt of Court and was ordered to pay all of Dr. Holder's legal fees, provide a letter of apology to over 50 persons and organizations, and ordered remedial sanctions.

According to the new action of March, 2003, McTeague "resumed, expanded and magnified the contempt already found by this court" by sending an official OBCE publication called Back Talk to every Oregon chiropractor and to numerous other persons at the expense of the State of Oregon.

This OBCE newsletter contained further unlawful disclosures. The court documents also state, "respectfully contends that it is now manifestly clear that...defendant (McTeague) has made clear his intention to continue, extend and magnify his contempt in order to pursue his personal vendetta and hatred of Dr. Holder...and to use the financial and legal resources of the State of Oregon for that purpose."

One anti‑chiropractic group has taken advantage of McTeague's actions. Dr. Steven Barrett operates "Quack Watch," a web site that continues to reprint all the old derogatory information against Dr. Holder that was originally published by the OBCE and Harrison's AJCC, without publishing the current findings of both State and Federal Courts.

Unfortunately, Dr. Holder cannot take legal action against Barrett and his web site since Barrett is not the author of what appears on his web site about Holder. Barrett only re‑publishes the works of the OBCE and AJCC and therefore remains immune from prosecution.

"Quack Watch" is frequently criticized for being one of the most blatantly biased of all groups and consistently condemns all non‑medical health care approaches.

It appears both Federal and State Courts continue to vindicate Holder's degrees and support his credentials. Dr. Holder never lived or held a license in Oregon, leading to the conclusion that these attacks were both politically and commercially motivated.

A few years ago, the OBCE asked the legislature for a 50% increase in fees to its chiropractors, ostensibly in order to fund investigations regarding complaints made against D.C.s in Oregon.

Simultaneously, the legal costs in Holder's case continue to mount and are paid by the OBCE, from the same limited licensing fees of the chiropractors in Oregon.

Also, at the same time, the OBCE continues a project creating its own "Oregon Only" practice and utilization guidelines, which due to the controversy have been re‑named the Oregon Educational Manual for Evidence‑Based Chiropractic. This "manual" has been in the works for approximately five years and, to the best of my knowledge, currently has only three chapters completed.

In contrast, the Council on Chiropractic Practice (CCP) completed its guidelines, which met the requirements to be included in the U.S. Government's National Guidelines Clearinghouse, in fewer than two years, and as a living document continues to be periodically modified.

The case against Dr. Holder has been just one more of many decisions made by the OBCE and its Executive Director, which have been a drain of time and finances of the OBCE, the doctors it purports to represent, and an inhibition to the ability of the board to fulfill its mission to protect the public.