50 complaints, no action: Why Kentucky medical board won't police Rand Paul's COVID claims
From the outset of the COVID-19 pandemic, Kentucky U.S. Sen. Rand Paul, a physician, has attracted widespread attention with public comments about the virus — such as a recent video in which he called on people to "resist" government policies for fighting it.
The Bowling Green Republican also has attracted a number of complaints — more than 50 — to the Kentucky Board of Medical Licensure from people alleging Paul is violating his professional responsibility as a doctor with unfounded public claims about COVID-19.
"He is endangering the health, the well-being and lives of the American people," one complaint from a Lexington resident said. "This is malpractice on a grand scale."
But so far, the board — which oversees physicians and can impose sanctions up to revoking their licenses — has taken no action against Paul, saying such complaints are "outside the purview" of its role.
Paul, an opthalmologist, disputes claims he has provided misinformation.
“I dedicated my medical career to saving and restoring vision to patients, and I’ve dedicated my political career to speaking truth to power in order to help save lives," he said in a statement.
"Science, like medicine, has many perspectives and it is often said: 'Get a second opinion.'" Paul said. "Malcontents who want to stifle second opinions are themselves a danger to the community.”
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Officials with Kentucky's medical board did not immediately respond to requests for comment.
'Dramatic increase' in COVID misinformation
The Courier-Journal obtained nearly 200 pages of documents involving complaints against Paul through an open records request. They date to May 2020 and include complaints from a dozen people who identify themselves as health professionals including doctors and nurses.
Meanwhile, the subject of doctors spreading alleged misinformation and disinformation about COVID-19 is attracting national attention.
In July, the Federation of State Medical Boards put out a statement in response to what it called a "dramatic increase" in misinformation from physicians about COVID-19 vaccines, warning they risk disciplinary action up to losing their medical licenses from state boards.
And this month, Kaiser Health News published a story called "Will 'Dr. Disinformation' Ever Face the Music?'' citing little if any action on the part of most state medical boards when it comes to false or misleading claims by physicians about COVID-19.
In Kentucky, board records show three other physicians were investigated by the board since the start of the pandemic in cases related to COVID-19.
In August, Lexington physician Dr. Jitander Dudee was placed on probation for prescribing medication to two relatives, including hydroxychloroquine, allegedly as a preventative drug against COVID-19. It is not approved to treat COVID-19.
In January the board sent a "letter of concern" to two Shelbyville physicians, Drs. Ronald Creque and Paul Goodlett, following a report that not all staff and patients were wearing face masks at their medical practice though an emergency order was in effect requiring them at health facilities. The letter directed them to "respect and abide" by such orders.
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Did medical board review Rand Paul's comments?
But the medical board appears to have ruled out any review of Paul's public comments.
Responding to many of the complaints, Michael Rodman, executive director of the board, provided the same reply:
"After a detailed review of your grievance, Senator Paul's statements were made in his role as a Unites States senator," Rodman's reply said. "We must inform you this matter falls outside the purview of the Kentucky Board of Medical Licensure."
That reply didn't satisfy some who filed complaints.
"Nonsense," responded one. "He is endangering people's lives."
It was not possible to identify all those who complained because the board redacted addresses of those who sent emails. Others sent signed letters or used a form available on the board website to file a grievance.
Dr. David T. Allen, a physician and former Kentucky commissioner of public health who previously served on the medical board, said he got no reply at all to his Aug. 13 letter.
In it he called Paul "Kentucky's greatest source of medical misinformation with respect to COVID" and requested that the board revoke his license.
Allen said he's also outraged by the board's claim it can't take any action against Paul because his statements were made as a politician, not a physician. Allen called that a "made up rule" and said being in public office doesn't provide immunity to Paul.
"That is nonsense," Allen said. "He does not have protected speech because he is a senator."
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Many complaints came from Kentucky but some came from states as far away as New Hampshire, California and Florida, citing Paul's comments as reported by national news outlets.
Clifford Backman, a history professor at Boston University, said he was prompted to write Kentucky's medical board after Paul accused White House medical adviser Dr. Anthony Fauci of lying at a Senate hearing in July.
In an interview, Backman said he sent an email to the board asking it to investigate Paul also because he was concerned about Paul's public comments questioning masks and the need for vaccines.
Backman said he was not satisfied with the board's stock response that it could not act because Paul's comments were made in his capacity as a U.S. senator.
"That's just ridiculous," he said. "It just does not make sense that there's no professional review."
Rand Paul has refused masks and COVID vaccine
Paul has disputed the benefit of masks — saying cloth masks are ineffective — and refused to wear one in public. He has criticized federal health officials — especially Fauci — and said he doesn't need the COVID-19 vaccine because a 2020 bout with the virus gave him natural immunity.
Most public health officials urge those who have had COVID-19 to get vaccinated after they recover to enhance immunity. Paul has said he is following the evidence and will keep an open mind about the vaccine.
Paul, in a response to The Courier Journal, defended his public comments critical of some government pronouncements.
For example, he said a claim that all masks work "risks lives by encouraging family members to wear cloth masks when attending to a sick relative, whereas, the truth, that N95 masks are exponentially more effective, actually saves lives."
As for vaccines, "misinformation that all ages are equally at risk for COVID" directs vaccines away from those who need them most, Paul said. And ignoring immunity gained from having survived COVID "misdirects vaccines to patients that already have immunity and away from populations who don’t have natural or vaccine-induced immunities thus costing lives."
Public health officials have said there are ample supplies of the vaccine in the United States and anyone eligible should get one.
In the complaints to the medical board, those who identified themselves as physicians levied some of the harshest criticisms against Paul.
"Rand Paul is a threat to public health," said one complaint from a person who identified herself as a Maryland physician. "It is my sincere hope that the Kentucky Medical Board will be able to take action against this dangerous practitioner."
Another email came from someone who identified himself as a retired Kentucky physician who argued Paul's public comments "breached ethical standards required by someone who possesses an active medical license."
"I strongly recommend that the board consider suspension of Sen. Paul's license pending a more thorough investigation," it said. "Please don't put political or public relations concerns ahead of your professional obligations."
Some complaints enclosed copies of national news stories about Paul's public comments, dating to March 2020 when he contracted COVID-19.
And several noted that one of Paul's comments about some masks being ineffective had been deemed misleading enough to get him kicked off YouTube for a week in August.
"YouTube is smarter than I thought," said one email. "They actually stood up to Rand Paul's continuing barrage of misinformation about COVID."
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Another person who complained included pages of more than 300 comments blasting her after she criticized Paul on his Facebook page and suggested he wear a mask in public.
The complaint said the Facebook comments defending Paul and criticizing her were evidence of his influence among followers.
"He's a doctor," one comment said. "I'm willing to say he has more of an education than you."
"You really are more knowledgeable than an MD?" asked another.
Allen, the former medical board member, said that's the problem with alleged misinformation — it goes to those who want it to affirm their beliefs.
And Paul has extra credibility that comes with being a physician.
"He is feeding a crew of people who want to hear experts give them this information," Allen said.
In his letter to the board, Allen asked it to consider Paul's responsibility as a physician over his freedom to speak out as an elected official.
"In America anyone can say anything they want and that is called freedom of speech," the letter said. "Freedom of speech does not guarantee the right to have a license to practice medicine when harm is being done."
Reach Deborah Yetter at dyetter@courier-journal.com or 502-582-4228. Find her on Twitter at @d_yetter.