Doctor Sues Maine Medical Board Over Long-Term License Suspension for Prescribing Ivermectin

Dr. Meryl Nass is suing Maine’s medical licensing board, alleging a violation of her rights and retaliatory conduct.

A doctor in Maine whose license has been suspended since early 2022 has filed a lawsuit against her state’s medical board, alleging that the board violated her rights by suspending her license.

The Maine Board of Licensure in Medicine (BOLIM) has prevented Dr. Meryl Nass from “engaging in her First Amendment rights by chilling the plaintiff’s free speech and assembly,” according to the complaint filed in federal court in Maine.
On January 12, 2022, the board suspended Dr. Nass’s license for 30 days without holding a hearing.

According to the board, a preliminary investigation discovered that Dr. Nass “engaged in the practice of fraud, deceit, or misrepresentation in connection with services rendered within the scope of the license issued,” among other findings.

Dr. Nass was also ordered by the board to have a neuropsychological evaluation performed by a board-selected psychologist.

The investigation was prompted by complaints, including one from a doctor who claimed Dr. Nass prescribed ivermectin to a COVID-19 patient.

Ivermectin is a drug approved by the United States Food and Drug Administration (FDA) to treat parasitic diseases. Dr. Nass and others have prescribed it off-label for COVID-19 because some studies have shown it to be effective. The FDA has stated that doctors can prescribe it for COVID-19, but they should not.
Another complaint accused Dr. Nass of spreading dangerous information, citing an interview in which she questioned the efficacy of COVID-19 vaccines and masks and stated that people who have recovered from COVID-19 have strong protection against reinfection.

Board members accused Dr. Nass of “unprofessional conduct due to the spread of misinformation about COVID-19” and of spreading “harmful opinions.”

The board later withdrew many of its findings after Dr. Nass requested dismissal of the action and withdrew the neuropsychological evaluation request until a challenge to the order by Dr. Nass was resolved.

During a series of hearings, Dr. Nass defended her statements. Her license remains suspended until the complaints are resolved in accordance with an agreement reached between her and the board. Dr. Nass later requested that the suspension be lifted, but his request was denied.
Allegations of Violations
According to the new complaint, the remaining grounds for discipline have not been dismissed because the board is punishing Dr. Nass for exercising protected speech.
According to court documents and patient testimony, this includes her prescriptions for ivermectin and hydroxychloroquine to patients who sought her out because they needed one or both.

Following a 2020 statement by the Maine Board of Pharmacy, Dr. Nass admitted to lying to a pharmacist about the purpose of one of the hydroxychloroquine prescriptions in order to ensure that the prescription was filled. According to the board, this was an ethical violation. It has accused her of failing to keep detailed medical records while seeing three patients remotely.
“The alleged faults committed by Dr. Nass, including failure to follow Maine telemedicine guidelines, inability to comprehend the medical literature, incomplete medical records, failure to properly communicate with patients, etc., were all shown to be without merit during testimony of board and licensee experts and testimony of the three patients at issue,” according to the complaint.

The three patients said they were satisfied with the treatment they received during the final hearing in the case against Dr. Nass.

“Our encounter with her was very positive,” a pastor, Michael Balos, said during the hearing. “I wouldn’t do anything differently now.”

Sarah Bishop, who was pregnant at the time, recalled calling her midwife’s office following a positive COVID-19 test. The office advised her that there was no medication available to relieve her symptoms and that she should go to the emergency room if they worsened. This prompted her to consult Dr. Nass, who prescribed hydroxychloroquine and azithromycin, both of which are FDA-approved for other purposes. The next morning, Ms. Bishop felt “significantly better.”

The patients testified that they had no idea the board had subpoenaed their records for months and that the board had never contacted them.

Dr. Paul Marik, an ivermectin supporter whose license is no longer valid in any state, testified at the hearing that he reviewed the notes compiled by Dr. Nass for each of the patients and found them adequate. He also stated that Dr. Nass treated the patients appropriately.

Dr. Nass’ admitted lie to a pharmacist was done to obtain an important drug, according to Dr. Marik.

“Pharmacists began refusing to give hydroxychloroquine or ivermectin if the diagnosis was COVID, but they would give it for another.” So I understand,” he explained. “Dr. Nass had the best interests of his patients in mind.” So she was doing everything she could to get the ivermectin for her patient.”

Dr. Nass currently serves on the science advisory board of Children’s Health Defense, a non-profit organization dedicated to educating the public about vaccine safety and other health issues.

“BOLIM’s conduct towards Dr. Nass incorporates the classic features of a smear campaign, including gaslighting, insinuations of insanity on the part of those who don’t toe the line, and the trampling of free speech,” said Mary Holland, president of the nonprofit. “Dr. Nass’s arbitrary suspension serves as a warning to other physicians to follow the government’s script.” Fortunately, Dr. Nass is brave enough to call out BOLIM’s wrongdoing.”

Requests for comment were not returned by the board.

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