In 2004, the Utah Attorney General charged Barbara Tarwater with practicing medicine without a license by doing diagnostic tests and prescribing products to patients at Gary Young’s Young Life Research Clinic in Springville, Utah, where she worked from October 2000 until May 2002. The Attorney General’s petition (shown below) charged that Tarwater had (a) represented herself as a “Master Herbalist,” (b) engaged in iridology, live-cell analyses, and applied kinesiology muscle tests, and (c) prescribed and/or administered essential oils, herbal products, raindrop therapy, colonic irrigation, and intravenous vitamin treatment. In 2004, Tarwater stated in a letter that she had left the clinic, was pursuing nonmedical interests, and would never again diagnose or prescribe. State licensing authorities concluded that she had broken the law and ordered her not to do it again.
DAVID W. GEARY (USB 6878}
ASSISTANT ATTORNEY GENERAL
MARK L. SHURTLEFF (USB 4666)
ATTORNEY GENERAL
Counsel for Division Of Occupational And Professional Licensing
Heber M. Wells Building
160 East 300 South Fifth Floor
Box 140872
Salt Lake City, Utah 84114-0872
Telephone: (801) 366-0310
BEFORE THE DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSING
OF THE DEPARTMENT OF COMMERCE
OF THE STATE OF UTAH
| IN THE MATTER OF THE INVESTIGATION OF BARBARA TARWATER |
: : : : |
PETITION CASE NO. DOPL-2004-134 |
PRELIMINARY STATEMENT
These causes of action were investigated by the DIVISION OF OCCUPATIONAL & PROFESSIONAL LICENSING (“Division”) upon complaints that BARBARA TARWATER (“Respondent”) has engaged in acts and practices which constitute violations of the Division of Occupational and Professional Licensing Act, Utah Code Ann. §§ 58-1-101 to 58-1-504 (2000) and the Medical Practice Act, Utah Code Ann. §§ 58-67-101 to 58-67-803 (2000). The allegations in this Petition are based upon the Division’s information and belief arising out of that investigation. Each count in the Petition shall be deemed to incorporate the allegations set forth in the other paragraphs of the Petition.
PARTIES
1. The Division is a division of the Department of Commerce of the State of Utah and is established pursuant to Utah Code Ann. § 13-1-2 (2000).
2. Respondent is an individual residing in the State of Utah who is not now, nor has she ever been licensed in the State of Utah to practice medicine.
STATEMENT OF ALLEGATIONS
3. From on or about October 2000 to on or about May 10, 2002, Respondent was employed at the Young Life Research Clinic in Springville, Utah as a medical assistant.
4. From on or about October 2000 to on or about May 2002, Respondent examined, diagnosed and treated numerous patients of the Young Life Research Clinic using several diagnostic modalities and alternative medical therapies and treatments. Diagnostic methods used included blood analyses, and iridology.
5. Respondent administered colonic therapy treatments, and used and prescribed the use of essential oils as part of the clinic’s regimen for treating patient’s medical and emotional problems.
6. Respondent admitted during interview by a Division Investigator that she used a microscope to analyze “thousands” of patients’ blood specimens from which Respondent rendered one or more diagnoses of medical and emotional problems.
7. Respondent also admitted she engaged in the practice of iridology to “read” patients eyes for the purpose of examining, treating, and diagnosing patients’ medical problems.
8. Respondent admitted routinely prescribing essential oil and herbal products as manufactured and sold by Young Essential Oils to treat the medical problems she claimed she saw in patients’ blood and eyes.
9. Specifically, from on or about April 2001 to June 2001, an advanced cancer patient G.L.C. (name withheld for purposes of confidentiality) became a patient of the Young Life Research Clinic, Springville, Utah. G.L.C. had been diagnosed with cancer of the tongue and throat in November 2000. On G.L.C.’s first visit in April 2001, he was seen by Sherman Johnson, MD, and Respondent. Respondent represented herself as a “Master Herbalist,” which title was noted on a wall certificate in the clinic. During the visit, Respondent examined and diagnosed G.L.C. by analyzing blood specimens under a microscope. Respondent told G.L.C her analysis of his blood indicated his red blood cells were clumped together creating “confusion as the blood is trying to get through his veins.” Respondent told G.L.C. her analysis of his blood as viewed through the microscope showed his liver was “overloaded,” and that she saw gaps in the blood cells indicating there was something emotionally he (G.L.C.) wanted to say that he was holding back. Respondent diagnosed G.L.C. with bowel problems and stress. Respondent also diagnosed this patient with a parasite problem. Respondent gave G.L.C. muscle tests, which she told him would evaluate his circulation and detect neurological problems, as well as toxic stomach and phosphate issues. She told G.L.C. she needed to “awaken him topically and internally” by rubbing the back of his neck and forehead with Young Essential Oils. Respondent had G.L.C. smell other essential oils she said would help his “brain power” and get rid of the parasites she had diagnosed. Respondent told G.L.C. he also had a virus in his neck that was either a “parasite or chemica!.”
10. Respondent also gave G.L.C. a treatment called “Raindrop Therapy, which consisted of dropping drops of essential oil on strategic parts of his body. Further, Respondent had G.LC. put his feet in a copper bowl to remove parasites from his body.
11. Respondent also prescribed a regimen of high doses of intravenous injections of vitamin A, C and E. and the use of essential oils and other products produced and sold by Young Essential Oils. Young Essential Oils is a multilevel marketing company that owns Young Life Research Clinic. Respondent further prescribed several essential oils she claimed would “alkalize” G.L.C.’s body.
12. In spite of Respondent’s medical modalities and treatments, G.L.C. died of cancer on February 23, 2002.
APPLICABLE LAW
13. Utah Code Ann. § 58-1-401(4) (2000) empowers the Division to issue orders to cease and desist:
(b) to any person who engages in or represents himself to be engaged in an occupation or profession regulated under this title [Title 58]; and
14. Utah Code Ann. § 58-67-102 (8) (2000) defines the practice of medicine in relevant part as follows:
(8) “Practice of medicine” means:
(a) to diagnose, treat, correct, administer anesthesia, or prescribe for any human disease, ailment, injury, infirmity, deformity, pain or other condition, physical or mental, real or imaginary, or to attempt to do so, by any means or instrumentality, and by an individual in Utah or outside the state upon or for any human within the state, except that conduct described in this Subsection (8}(a) that is performed by a person legally and in accordance with a license issued under another chapter of this title does not constitute the practice of medicine;
15. Utah Code Ann. § 58-1-50158-1-501(1)(a)(i) defines unlawful conduct in relevant part as follows:
(1) “Unlawful conduct” means conduct, by any person, that is defined as unlawful under this title and includes:
(a) practicing or engaging in, representing oneself to be practicing or engaging in, or attempting to practice or engage in any occupation or profession requiring licensure under this title if the person is:
(i) not licensed to do so or not exempted from licensure under this title (.)
COUNT I
UNLICENSED PRACTICE OF MEDICINE
15. Because Respondent specifically examined, diagnosed and treated G.L.C. without a license as in paragraphs 1-14 above, she engaged in the unlicensed practice of medicine.
COUNT II
UNLAWFUL CONDUCT
16. Because Respondent practiced or engaged in, represented herself to be practicing or engaging in, or attempted to practice or engage in an occupation or profession requiring licensure under this title as in paragraphs 1-15 above, and respondent was not licensed to do so or not exempted from licensure under Title 58 of the Utah Code Ann. (2000), Respondent has engaged in unlawful conduct. WHEREFORE, the Division requests the following relief:
1. That Respondent be adjudged and decreed to have engaged in the acts alleged herein;
2. That by engaging in said acts.. Respondent be adjudged and decreed to have engaged in unlawful practice of medicine.
3. That by engaging in said Acts, Respondent be adjudged and decreed to have engaged in unlawful conduct.
3. That an Order be issued directing Respondent to cease and desist from engaging in the unlawful practice of medicine, in accordance with the provisions of Utah Code § 58-1-401(4)(b) (2000).
4. That an Order be further issued specifically directing Respondent to cease and desist from engaging in the practices of iridology, and/or examining and analyzing blood specimens, to identify or diagnose medical or emotional problems, and to cease and desist from prescribing essential oil and herbal products to treat medical problems in accordance with the provisions of Utah Code § 58-1-401 (4)(b) (2000).
Dated this 24 day of May, 2004.
___________________ _
DAVID W. GEARY
Assistant Attorney General
STATE OF UTAH )
: ss.
COUNTY OF SALT LAKE )
W. Don Rogers, being first duly sworn, states as follows:
1. I am an Investigator for the Bureau of Investigation, Division of Occupational and Professional Licensing, and have been assigned to investigate this case.
2. I have read the foregoing Petition and am familiar with the contents thereof. All of the factual allegations in the Petition are true to the best of my knowledge, information and belief.
_______________
W. Don Rogers
