In 1993, the New Mexico Board of Medical Examiners placed Dietrich Klinghardt, M.D., on on probation for three years. The situation arose because in 1991, Klinghardt had sponsored a seminar in New Mexico during which Milne J. Ongley, M.D., as part of his teaching, gave injections to patients even though he lacked a New Mexico license. Ongley was subsequently convicted of practicing medicine without a license in both New Mexico and California. In the California case, he was placed on probation for three years and ordered to pay $5,000 to the California Medical Board for the cost of investigating him. The San Diego Union-Tribune and the Los Angeles Times have published extensive reports about Ongley’s background. Klinghardt now practices in the State of Washington and conducts seminars in which he advocates “detoxification,” “neural therapy,” and autonomic response testing (ART), a bogus diagnostic system in which arm-muscle or finger strength is used to assess organs throughout the body
BEFORE THE BOARD OF MEDICAL EXAMINERS
OF THE STATE OF NEW MEXICO
IN THE MATTER OF
DIETRICH KLINGHARDT, M.D.
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION AND ORDER OF THE BOARD
THIS MATTER came before the New Mexico Board of Medical Examiners for hearing on February 18, 1993, on a Notice of Contemplated Action issued to Dietrich Klinghardt, M.D. on February 18, 1993. Dr. Klinghardt appeared in person and through counsel Robert R. Rothstein, the State appeared though its Administrative Prosecutor G.T.S. Khalsa, Assistant Attorney General and the Board was represented by its attorney Randall D. Van Vleck, Assistant Attorney General. Dr. Klinghardt had previously been advised through his counsel of the contents of the Notice of Contemplated Action, and waived time limits and notice requirements of the Uniform Licensing Act in order to facilitate an expedited hearing before the Board.
The Board having reviewed the stipulation entered into between Dr. Klinghardt and the Administrative Prosecutor, having heard the explanation of Dr. Klinghardt and heard arguments of counsel for Dr. Klinghardt and the administrative prosecutor makes the following Findings of Fact, Conclusions of Law and enters the following Order:
FINDINGS OF FACT
1. The Board of Medical Examiners issued a Notice Of contemplated Action to Dr. Klinghardt alleging violations of the Medical Practice Act on February 18, 1993.
2. Dr. Klinghardt had previously been provided with a copy of the Notice of Contemplated Action through counsel.
3. Dr. Klinghardt waived the right to notice of a hearing, to discovery, to the issuance of subpoenas and all other rights set forth in the Uniform Licensing Act, specifically including sections 61-1-7 and 61-1-8 NMSA 1978.
4. During May of 1991, Dr. Klinghardt sponsored and participated in a medical seminar in Santa Fe, New Mexico with Dr. Milne Ongley.
5. At the time Dr. Klinghardt sponsored the seminar he knew that Dr. ongley was not licensed to practice medicine in New Mexico.
6. During the seminar, Dr. Ongley injected certain people as part of the presentation of injection techniques.
7. As a result of his actions, Dr. Ongley was convicted in the First Judicial District Court of practicing medicine without a license.
CONCLUSIONS OF LAW
1. The Board has jurisdiction over the parties hereto and the subject matter herein..
2. All requirements of the Uniform Licensing Act have been complied with or waived by the parties.
3. Dr. Klinghardt aided and abetted the practice of medicine by Dr. Ongley, a person not licensed to practice medicine in New Mexico in violation of section 61-6-15(0) 11 NMSA 1978.
DECISION AND ORDER
IT IS THEREFORE ORDERED that the license to practice medicine of Dietrich Klinghardt be and hereby is suspended for a period of three (3) years;
IT IS FURTHER ORDERED that the suspension herein is stayed and Dr. Klinghardt is placed under probation for a period of three (3) years under the following terms and conditions:
a) Dr. Klinghardt will notify the Board in advance of the time and location of any seminar which he sponsors or in which he is a participant; and
b) Dr. Klinghardt will notify the Board in advance of the subject matter or content of every seminar which he sponsors, or in which he participates, and will provide the Board with an outline, brochure or other written information concerning the seminar; and
c) Dr. Klinghardt will provide the Board in advance with the names, curriculum vitae, experience and qualifications of any and all people participating in any seminar which he sponsors or in which he participates; and
d) Or. Klinghardt will not permit, assist or otherwise sanction the unlicensed practice of medicine of medicine in any seminar which he sponsors or in which he is a participant; and
e) Dr. Klinghardt will permit any member of the New Mexico Board of Medical Examiners to attend any seminar which he sponsors in New Mexico free of charge for the purposes of monitoring compliance with the terms of Dr. Klinghardt’s probation.
f) Dr. Klinghardt will obey all federal, state and local laws and all rules and laws governing the practice of medicine in New Mexico.
g) Dr. Klinghardt shall submit quarterly declarations under penalty of perjury on forms provided by the Board, stating whether he was complied with all the conditions of this probation.
h) Dr. Klinghardt shall personally appear before the Board at any time upon reasonable notice.
i) In the event Dr. Klinghardt should leave New Mexico to reside or practice outside the state, he shall notify the Board in writing of the dates of his departure and anticipated return. He shall further notify the medical licensing authority where he intends to reside or practice of the terms and conditions of probation imposed by this board and provide those licensing authorities with a copy of this document upon request.
IT IS FURTHER ORDERED that the costs of these proceedings are assessed against Dr. Klinghardt and payment of the costs of the proceedings is a term of probation.
IT IS FURTHER ORDERED that in the event Dr. Klinghardt breaches any of the terms of his probation, the Board may summarily suspend his license to practice medicine in New Mexico; Dr. Klinghardt will thereafter be afforded a hearing in accordance with the Uniform Licensing Act.
NEW MEXICO BOARD OF
This page was posted on May 31, 2009.