Tuesday, June 6, 2000

Gale Fight is Going National

JEFF HANSEL,

The American Podiatric Medical Association will investigate allegations made by Bismarck podiatrist Dr. Brian Gale against members of the North Dakota Board of Podiatric Medicine.

"A board of inquiry has been formed to investigate some of Dr. Gale's allegations," said national association president Ron Lepow, who was interviewed from his Oklahoma office. "Our board of trustees has agreed to form this board of inquiry. Our legal counsel is in the process now of drawing up the charge that will be given to the board of inquiry."

Gale's license was revoked by the North Dakota Board in February and the board suspended the revocation, giving him a five-year probationary period. Since the revocation, Gale has appealed the board's disciplinary action against him, citing bias by board members and involvement of board president Aaron Olson -- his former employer -- as the real reasons for the action taken against him.

"I feel that the Board's decision is wrong and its decision is based upon improper consideration by the Board, and upon the Board's desire to put me out of business and ruin my career," Gale said in a court document.

However, in denying a stay of the state board's discipline, South Central Judicial District Judge Burt Riskedahl wrote, "(Dr. Gale's) arguments É are interwoven with his position that the (North Dakota) board is acting in a conspiratorial manner to drive him out of his practice. The Court's review of the record does not lend significant support to this argument."

Werner Strupp, the national podiatric association's legal counsel, said the board of inquiry will determine whether charges within the private organization need to be brought against any of the North Dakota board members who belong to the American Podiatric Medical Association.

Strupp said the association oversees its members, but has no disciplinary or licensing functions nationally or in North Dakota.

"The maximum penalty that a board of inquiry can (impose) is expulsion from the (American Podiatric Medical) association," Strupp said. He said podiatrists are not required to be members of the association in order to practice their profession. Any charges to be leveled against the board members are yet to be determined, Strupp said, and -- if charges are brought -- should be formalized by the third week in June.

If charges are filed, he said, they could include such things as professional misconduct and violations of the association's code of ethics.

Strupp said he is unsure how long the investigation will take because it could focus simply on written records or it may include personal testimony.

"It may be that nobody would be charged with any violation," he said. But he also said the board of inquiry would issue a report on its findings.

"It may be that in its report the board might have something to say about the allegations."

Special assistant attorney general Gary Thune, the North Dakota board's lawyer, said he is not sure which members of the North Dakota board belong to the national association.

Thune said if the association brings charges against the North Dakota board members, "We would be responding aggressively to what I can only characterize as less than all of the story.'"

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