SIDELINED FOR HIS BRAVERY
HOW A NEEDED PHYSICIAN IS BEING KEPT FROM THE FRONTLINES OF THE COVID-19 BATTLE
The Nation is faced with yet another Public Health Crisis. The Opioid Overdose epidemic has not yet abated; 400,000 deaths and counting. Here comes the Covid-19 pandemic, epicenter a few short miles from the tranquility of suburban New Jersey where another battle rages. This one is being fought by a dedicated Physician trapped in a cycle of deception, false accusations and ostracism that now renders him unavailable to his patients in this, their critical time of need. This physician is currently suspended from the practice of medicine based upon a series of patently inappropriate missteps and errors on the part of the State Board of Medical Examiners. His cardinal sin however, has been his willingness to investigate and uncover an elaborate and highly organized criminal enterprise preying upon professional workers, in a burgeoning network now involving the very governmental agencies and departments meant to address the needs of the professional population suffering from Substance Abuse disorders.
HISTORY
This physician is Dr. Colin Pemberton. Dr. Pemberton’s journey to Damascus began in his attempts to trace the footsteps of another illustrious physician, his father, Dr Clyde Pemberton, internationally renowned Psychiatrist with a sterling reputation of fierce independence and a fearless approach to fights for economic prosperity and wealth accumulation in the African diaspora. He has made many important enemies in the process.
Dr. Colin as he likes to be called, after graduation from the University of the West Indies came back home to America to pursue his medical career. Entering the institutions that had to deal with the revolutionary efforts of his father, he was quickly met with accusations, micro scrutiny and hyper vigilance that made his training a traumatic but ultimately successful journey. His entry into the private practice of medicine was however rocky from the early start. A simple incident

of running into a nurse around the corridor of the hospital (Newark Beth Israel Medical Center in Newark New Jersey) quickly escalated into an accusation of sexual assault. Dr. Pemberton strenuously denied any improper intent and demanded a full investigation. An independent agent was procured by the hospital. The results were inconclusive enough to warrant a recommendation of no further action. The hospital however found it fit to refer the matter to the Board of Medical Examiners (BME), bundled with a few trivial quality assurance observations (that were never investigated or determined).
Pounced upon in a manner meant to rattle his self esteem, independence and confidence, Dr. Colin chose a course of compromise and settlement, unaware that he had walked into a carefully designed trap.
Unbeknownst to him at the time, the agency, the Physicians Assistance Program of New Jersey (PAPNJ) enthusiastically labeled him at initial visit as a “Potential Client”, Dr. Colin was subjected to an intensive evaluation profile by the Architect in Chief, none other than the PAPNJ’s President and Medical Director Louis E. Baxter MD. He was also referred for a full Psychiatric Evaluation, Clinical Psychological evaluation and testing, , Drug Counselor evaluation and laboratory testing. All test results and evaluations were negative and failed to indicate a diagnosable condition. He was however coerced into an extensive period of so called observation and monitoring. The trap was set.
Through the careful use of non FDA approved testing and manipulated reports from an allegedly ‘independent” laboratory, positive tests were reported for the use of forbidden substances. Despite rational and acceptable explanations of possible exposure or accidental ingestion, Dr. Colin’s license to practice medicine was summarily suspended in June of 2017. There were no workplace or patient complaints, no hints of incompetence or impairment; despite the eager investigations of the PAPNJ monitors.
Beset with potential and real economic hardship and reputation impairment Dr.Colin agreed to terms of reinstatement that set the fix in place. Although prepared and subject to attorney review, the consent document was carefully crafted to give the monitoring agency autonomous control over almost every aspect of his life. Random testing was used for intrusive monitoring of whereabouts, lifestyle and functioning in a manner rarely seen for criminal activity.
After many fruitless months of intrusive and costly monitoring, Dr.. Colin decided that he would lay the foundation for additional options in his future. He applied for medical licensure in the State of Florida. Once notified of his relationship to the monitoring program of New Jersey, he was again co-opted into a requirement for evaluation that was now primed for the ultimate capture. At the urging of the Florida impairment system, he reluctantly admitted himself to an inpatient evaluation program (Caron of Pennsylvania) hoping for exoneration. He was completely unaware that the program was not independent and objective but yet another participant in the coercive and lucrative game of entrapment.
Through the use of another non FDA approved laboratory hair testing, he was charged with being positive for prohibited substances. Compelling evidence reveals that the testing procedure was deliberately faulty, testing standards not observed, testing and diagnoses not properly interpreted or recorded. The result however was an enthusiastic reception of the information by the New Jersey monitors, in close contact and collaboration with their Florida counterparts. Their plan was executed with perfection. Armed with two additional already exonerated faulty test results, reawakened for convenient use, the PAPNJ enthusiastically informed the BME that the elusive fish had now been caught; his sentence of a long and costly inpatient stay being the just reward of the catch. Irrespective of an almost 2 year process of 150 plus negative test results, the absence of any index of impairment, the lack of institutional or patient complaints and vehement denial of use by Dr. Colin, he was ordered to undergo involuntary extended treatment for a non diagnosable and nonexistent illness. He refused under the pain of automatic license suspension, abrupt loss of livelihood and intense social and psychological disruption.
This time he resolved however to resist and defend his good name, reputation and meager finances.
A willingness to disclose his predicament has led to a dramatic consolidation of evidentiary material demonstrating a similar pattern of abuse nationwide ( there will be many follow up reports). This discovery, along with the support of his family has allowed Dr. Colin to unearth a gruesome tale of racketeering, collusion, official misconduct and fraud here in New Jersey that now appears to be the subject of a massive attempted cover up, intimidation and abuse targeted at Dr. Colin.
THE SAGA UNFOLDS
Certain of his determination to put an end to his abuse, Dr. Colin immediately sought legal assistance, eventually landing in the hands of a youthful but highly capable former member of the New Jersey Attorney General’s arsenal of deputies. A quite appropriate and reasonable request was made for his medical
records maintained by the PAPNJ. What resulted was an alarming firestorm of hostility, objections and abuse hurled toward both Dr. Colin and his attorney personally. This reaction naturally awoke an intense curiosity. Upon the first production, information was evidently missing. Further requests provoked an even more intense rage. Dr. Colin was forced to file an Order to Show Cause in the County Superior Court of Essex to force production of his records. The record production almost doubled and an avalanche of sordid details resulted.
Details cannot be revealed at this time but there is written evidence of, among others;
1. Initial targeting of Dr. Colin as a potential victim of the monitoring scheme
2. Inappropriate and improper communication between unauthorized staff of the PAPNJ and the reference laboratory responsible for testing (LabCorp of
America)
3. Orders from the PAPNJ to manipulate and change reported data.
4. A disturbing pattern of suspicion and collusion between the evaluating
center (Caron Treatment Facility of Pennsylvania) and the PAPNJ setting the
stage for the positive findings to be reported to the BME.
5. Improper testing procedures
6. Improper billing for tests not conducted.
7. Improper testing protocols
8. Improper fee splitting
Faced with the imminent disclosures, Dr. Colin was quickly discharged from the rolls of the PAPNJ. In a very interesting letter, Dr. Baxter cites as the reason for dismissal, Dr. Colin’s threat of a lawsuit; a lawsuit to obtain his own medical records!
The pattern of operations of the PAPNJ alerted Dr. Pemberton( Sr). He has had an extensive 45+ year career in the development and management of Addiction programs. A review of the structure and operations of the PAPNJ was undertaken, as well as a search of public records. There have been astonishing personal and business discoveries so far:
Louis E. Baxter MD
Admitted to practice Medicine State of NJ 1983
Board complaint November 18, 1987
Improper writing of prescriptions for a combination of Doriden and Codeine from November1985 to June1986.This combination of drugs was then known “on the streets” as “hits”. (Important that this was the precursor of
the current Opioid Overdose epidemic). No formal action ever recorded by the BME.
Board complaint November 18, 1987
Personal history of addiction, self confessed Impaired Physician. Addicted since age 22, Continuously abused Cocaine
2 admitted relapses May 15, 1987 and June 29, 1987
State Medicaid program disbarment 1983 to 2013 (30 years)
Never disclosed to patients, omitted on PAPNJ contract application
Louis E. Baxter Jr.
Employment
Administrative Assistant PAPNJ
Convicted felon 3 convictions
Theft by Deception date 5/5/2000 Sentence 38 days County jail
Manufacture and Distribution of CDS date 7/2/2004 Sentence 90 days. Burlington County Jail.
Driving while Intoxicated Conviction date 8/3/13
Information omitted on PAPNJ contract application
PAPNJ
Application for State Contract PAPNJ last dated 2/6/2019 Fraudulent information.
Interstate investigations are continuing.
Once alerted to these discoveries, the reaction of the BME and the office of the AG have been both astonishing. There is a written demand from the Attorney General’s Office that the information discovered so far, be struck from the records. Dr. Colin and his attorney have both been angrily accused of harassment. There has been the willful delay in his proceedings before the BME.
Dr. Colin now sits idly by at home awaiting his day of vindication, punished by the loss of income and tarnished professional image. There is much more that will unfold about the racket uncovered.
Important now however is the condition of medical services in the State in response to this Covid-19 pandemic. An able bodied and competent physician sits on the sidelines while his patients are in desperate need of his services. Frankly the entire State and Country is in need. The pleas of the Governor himself to lift and waiver sanctions in this desperate time of need has been ignored by the BME as they insist on crushing this young physician because of his temerity to disclose their frauds.
This must stop immediately. Please sign this petition.
To the Governor of the State of New Jersey
We have read the matter concerning the suspension of the license of Colin A Pemberton MD by the Board of Medical Examiners. We are disturbed by the contents and evidence of fraud and improper conduct by the Board and its contract agent the PAPNJ. There is absolutely no evidence that Dr. Pemberton is an impaired physician. The Board had an overwhelming obligation to swiftly resolve this matter. It was not done.. He is ready and willing to serve his patients.
We demand that his license be restored so that he can join the fight against this Covid-19 pandemic.
Thank You.