Statement to PA Medical Society on their Survey about MD Opinion of Maintenance of Certification Examinations (MOC)
Got card on MOC opinions. Wow, decided to help doctors for a change.
This message is for Angela, legal counsel.
1) Is there any racial, sex or age disparity in the pass rates? The Stanford Binet was banned because black children performed worse on it. It is the most proven test in history. The results at age 7 predict the achievements of people at age 50. It was used to provide more services for black kids, not to discriminate against them. Because of their lower performance, it was banned. Larry P v Riles 793 F.2d 969 (1984);
2) Regulatory quackery. By their testing the Boards are acting as quasigovernmental agencies. If their tests have not been validated by outside outcomes, they violate Fifth Amendment procedural due process rights to a fair hearing when damage has been caused by their test results;
3) Regulatory taking, by forcing people to spend large amounts of money to take the exam;
4) Fraud, by any claim that any doctor passing its exams has any more knowledge or skill than one not taking it;
5) Civil or criminal RICO by any communication with any insurer or governmental agency to privilege any doctor who has passed its exam.