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BOARD MEETING

BEFORE THE KANSAS STATE BOARD OF HEALING ARTS

IN THE MATTER OF CONFERENCE HEARING APPLICATION TERRENCE LAKIN, D.O. Case No. 12-HA00029

TRANSCRIPT OF PROCEEDINGS taken on the 21st day of October, 2011, beginning at 2:02 p.m., at the Board of Healing Arts, 800 Southwest Jackson, in the City of Topeka, County of Shawnee, and State Kansas, before, Gary Counselman, D.C., Hearing Officer. . . . . . . .

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BOARD MEETING
APPEARANCES

ON BEHALF OF THE BOARD: . Ms. Stacy R. Bond Kansas State Board of Healing Arts 800 Southwest Jackson Suite A Topeka, Kansas 66612 785-296-7413 sbond@ksbha.ks.gov

ON BEHALF OF THE LICENSEE: . Pro se

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BOARD MEETING
HEARING OFFICER: Doctor Lakin, Docket No.

Conference Hearing Application. 12-HA00029.

Disciplinary Panel 26: Doctor Webb,

Doctor Templeton, Doctor Soria, Doctor Galbraith, Doctor Settich. Any other recusals? (No response.) Okay. State your

THE BOARD:

HEARING OFFICER: appearances, please. MS. BOND:

May it please the board, Stacy

Bond, associate litigation counsel, appears on behalf of the board. Terrence Lakin, M.D., (sic)

appears in person and pro se in this matter. These materials begin on E-book page 1,354 of your -- your E-book. We are here today on Doctor

Lakin's application for licensure as a physician in the state of Kansas. In that application for

licensure he answered yes to disciplinary questions 20, 21, 20 and 22 in Addendum 2 which asks if you have ever been arrested, have you ever been charged with a crime, or have you ever been court-martialed or discharged dishonorably from the armed source -- armed services. Doctor Lakin

was subject to a general court-martial on December 14th through 16th of 2010. After that

court-martial he was convicted of one

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BOARD MEETING

specification of missing movement in violation of Article 87 in the Uniform Code of Military Justice and three specifications of failing to deploy and disobeyed direct orders from his commanding officer to deploy in support of Operation Enduring Freedom in order to render medical services to our armed services that were fighting in the combat Enduring Freedom. Applicant has stated and stated before his basis for refusal on his belief that President Obama is not qualified to act as Commander in Chief or the President of the United States due to his belief that President Obama was not born in the United States. He took this matter to a

hearing and was found to be in violation of the Uniform Code of Military Justice. He was

discharged from the services and he did spend approximately, I believe, six months in confinement at Fort Leavenworth. He is here

before you today requesting that he been granted licensure. It is before the board to determine

whether or not he should be granted that licensure and whether or not his refusal to follow order to render -- to be able to deploy to render medical -- medical aide to individuals involved in

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BOARD MEETING

Operating Enduring Freedom would disqualify him from licensure in the State of Kansas. Conley. DOCTOR CONLEY: It's your opinion that Doctor

it's a felony or a Class A misdemeanor? MS. BOND: You know, there is no

correlating civil -- or criminal in civil in that I can find that correlates that. I think the big

question here also in regards to, you know, he had a duty. military. He was an officer in the United States He had a duty, he signed up for that

duty, he swore to support the Constitution of the United States and he did not do that by refusing to deploy. And in doing so there was one less

physician, one less individual over in the Middle East that could be there to render medical services to our armed forces. So it's not just

whether or not it was a felony or a misdemeanor, but his morale actions in refusing to go that I believe need to be addressed by this board. DOCTOR BEEZLEY: There is a misprint on.

Did he -- he is not an M.D., correct? DOCTOR LAKIN: D.O. Yes, there is a

MS. BOND:

I'm sorry, my fault.

He needs

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BOARD MEETING

TERRENCE LAKIN, D.O., called as a witness on behalf of the Respondent, was sworn and testified as follows: DOCTOR LAKIN: Board members, thank you

for letting me appear here and I -- I understand that, you know, this is a new application and -and you have the responsibility to make sure that you have licensure to competent physicians. I

think the question of my military conviction was solely administrative and military in -- military in process. It has no civilian equivalent. It

also has no reflection upon my medical abilities or privileges. I hope I have enough copies that I

passed out letters from my attorneys stating that fact that at no time during my conviction or my trial processes or any question about my military privileges. And, in fact, I was performing

medical care for the military at Walter Reed up until the week of my trial. And I had numerous

discussions with supervisors and credentials that there was no question about my abilities or my privileges and we're not going to revoke them. I think -- you know, I don't want to step into political or, you know, other type of discussions, So

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BOARD MEETING

but I do think that I had a responsibility as an officer and my oath to uphold the Constitution and my loyalty and my -- my convictions I took a stand and I stood by those and that was in defense of the military and the Constitution and of the enlisted soldiers that don't have that right as their oath of office allows them. My oath of

office as an officer has much more of -- has much more responsibility to questioning orders that I thought might be illegal. And I went through a

process in the military for over a year and a half to try and define that and I received no responses, and essentially I was left with a -- a decision to make, and from that decision I had a conviction and I take my punishment and I'm ready to move on into my medical practice. your questions, I -THE SPEAKER: If I can introduce myself Subject to

MS. BOND:

I'm going to object to this This is a conference I believe

individual testifying. hearing.

It's not set up for parties.

this is Doctor Lakin's brother, am I correct? THE SPEAKER: MS. STEVENS: Right. It wouldn't be appropriate

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BOARD MEETING

to have anyone other than the parties testify in a conference proceeding. THE SPEAKER: legal representative? MS. BOND: Are you an attorney? I have been a practicing Okay. Even if I act as a

THE SPEAKER:

attorney until I saw the light and became a physician. MS. BOND: State of Kansas? THE SPEAKER: state of Kansas. I'm not licensed in the So you're not licensed in the

I am licensed in Colorado. We cannot allow you to act

MS. STEVENS:

as legal counsel in the board proceeding. THE SPEAKER: All right. I just want the

truth to come out about his history and performance. HEARING OFFICER: DOCTOR BEEZLEY: Doctor Beezley. When did you join the

DOCTOR LAKIN: DOCTOR BEEZLEY:

It was 1993.

I was in --

Why did you join the

THE SPEAKER:

Because I wanted to serve

my country, and I -- I was in medical school up at

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BOARD MEETING

Kansas City and -- and I -- I -- our whole family has always been in public service. Teachers or

firefighters or policemen and the military and that was my calling to serve the military. DOCTOR BEEZLEY: Did you think that you

might some time during your career be deployed overseas? THE SPEAKER: deployments. for a year. Definitely. And I enjoyed

In fact, I was deployed to Honduras I was in Bosnia in the first wave for

a year, and most recently I was in Afghanistan for -- I was '05 -- in 2004 I was -DOCTOR SETTICH: Excuse me, sir. Would

you speak into the microphone, please. DOCTOR LAKIN:

Thank you.

I've had numerous

deployments and most recently in 2004 I deployed to Afghanistan as a squadron flight surgeon for the calvary, and I was actually a -- looking to volunteer again because I completed my second residency in occupational medicine and I was looking to -- I knew we had a high OPTEMPO, and I was voluntary to deploy until I came up with an ethical and moral problem that I couldn't solve and I started withdrawing my volunteering to deploy.

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BOARD MEETING
DOCTOR BEEZLEY: So I guess you need to

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explain the difference between going to Afghanistan in 2004 and going over there after President Obama elected, is that the big kick? DOCTOR LAKIN: Yes. And, you know,

despite what was said, I have always just -- you know I don't know what beliefs or where Ms. Bond gathered my beliefs in what she's stating, but I have maintained the standard if there is a questions that needs to be answered and I tried to use the military process to find the answer to this question, and the military was unable to give me an answer and -- and so I, you know, I did what I thought was right and I took my punishment from the military and that's -- that's done with. HEARING OFFICER: DOCTOR WHITMER: Doctor Whitmer. Do you believe he was a

U.S. citizen, President Obama? DOCTOR LAKIN: DOCTOR WHITMER: (inaudible) -THE REPORTER: I can't hear you. I'm I don't know what it -What would it take to

DOCTOR WHITMER:

The long form of his What does

birth certificate has been publicized.

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BOARD MEETING

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it take to make you believe that he is a U.S. citizen? DOCTOR LAKIN: I think that I have a

question and I don't think that question has been answered, but it has nothing to do with my medical capabilities. DOCTOR WHITMER: have that answered? DOCTOR LAKIN: validation from -DOCTOR WHITMER: -- a valid -DOCTOR LAKIN: DOCTOR WHITMER: birth certificate? DOCTOR LAKIN: There has many -Excuse me -A valid birth certificate. Does he not have a valid Does a birth certificate I think it needs to have What would it take to

HEARING OFFICER: MS. STEVENS: THE REPORTER: DOCTOR WHITMER:

We're going outside -Thank you. Say if and when he's

elected again the Health Reconciliation Act becomes law, which it already is, and all of a sudden we have 20 million more people who've got healthcare are you going to refuse those people because this is?

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BOARD MEETING
DOCTOR LAKIN: No, no, no. I was being

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ordered to a combat zone to, you know, put my life on the line along with every other soldier out there that can't ask this question and I asked the question. I spent a year and a half trying to

address this through the military channels and got no answer. Now, I've, you know, again if this has

to do with my medical -DOCTOR WHITMER: The military (inaudible)

DOCTOR LAKIN:

Let me back up (inaudible)

THE REPORTER:

I can't hear.

I cannot

MS. STEVENS:

We're not -- we're not

getting the comments on -- the court reporter isn't able to take them down when people are talking over each other. DOCTOR LAKIN: Well, let me back up a

little bit and just say that I believe that the entry into the national data bank registry by medical -- med -- Medcom. I believe that was an

error and I think the documentation that I've shown you supports that my -- my lawyers that have followed my case and --

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BOARD MEETING
HEARING OFFICER: Ms. Bond, did you have

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an objection to this? MS. BOND: I have reviewed those. I

believe that at least one of these documents is already contained in your packet, therefore, I have no objection to these being entered. HEARING OFFICER: DOCTOR LAKIN: Okay.

And I will be working in

the process of getting the national data bank to correct that. It's going to go -- be several

months to make the Army review that and hopefully they will see the truth, too, and -- and withdraw that first item in the entry and just talk about my administrative military convictions. nothing to do with my medical practice or rendering services. I never -Well you keep saying It has

HEARING OFFICER:

that, but, you know, there is a lot of things that we do in our private life that does have an effect -- effect on how we apply to the healthcare field, so. DOCTOR LAKIN: The statement that one The

other person had the deployment placed.

military accommodates for everything and I gave them well enough advance notice that this may be a

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BOARD MEETING
There was several doctors that were in Physicians deploying with a unit

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the que also.

are not -- no one in the military is a key personnel who can't be combat effective. HEARING OFFICER: questions for the doctor? DOCTOR BEEZLEY: Do we have any other Any other comments? I would like to make a

motion that we continue this until Doctor Lakin can successfully clear this issue with the national data bank if possible. DOCTOR WHITMER: HEARING OFFICER: I'll second that. Okay. We have a motion

DOCTOR WHITMER: HEARING OFFICER:

I second. Okay, Doctor Whitmer

Any other comments? DOCTOR LAKIN: Can I just clarify that.

There again that first sentence in the statement -DOCTOR BEEZLEY: You're -- you're trying

to petition the national data bank to get this report from the Army about the incarceration of felony withdrawn, correct? DOCTOR LAKIN: No. I -- I -- what I have

problems is I think your -- your issue also is

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BOARD MEETING
Essentially the first

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that first statement.

sentence in the entry is that I failed to render medical services on deployment and that should not be there. That was not a charge. That was never

addressed in -- in my -- in my charges or my conviction. And if I get that first sentence in

the entry removed would there be any question with the board about my application then. HEARING OFFICER: executive session. DOCTOR WELSH: DOCTOR MINNS: Okay. Second. Okay. Minns. For how long? I move we go into

HEARING OFFICER: DOCTOR LEINWETTER: HEARING OFFICER:

15 minutes. We'll go into executive

session and come back in at 2:30. (EXECUTIVE SESSION.) HEARING OFFICER: Doctor Beezley. DOCTOR BEEZLEY: I would like to withdraw We are back in open

my motion to table this application. HEARING OFFICER: MS. STEVENS: second to his motion. HEARING OFFICER: No. Is there a second?

I don't think there was a

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BOARD MEETING
DOCTOR BEEZLEY: I don't think it was

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MS. BROWN:

I had Doctor Whitmer. Yeah, I seconded.

DOCTOR WHITMER: MS. BROWN:

Withdraw. All in allowing that to

HEARING OFFICER: withdraw say aye. THE BOARD: Aye.

HEARING OFFICER: THE BOARD:

Okay.

Opposed?

(No response.) Doctor Whitmer. Mr. President, I make a

HEARING OFFICER: DOCTOR WHITMER:

I think the board finds that the

court-martial is dishonorable conduct, therefore, we deny the license. HEARING OFFICER: Okay. Do I hear a

DOCTOR WELSH:

Second. Doctor Welsh. Any

HEARING OFFICER: other discussions? THE BOARD:

(No response.) Do we give him an

DOCTOR BEEZLEY:

opportunity to withdraw his application for voting? DOCTOR WELSH: No.

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BOARD MEETING
DOCTOR BEEZLEY: THE BOARD: Okay.

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(No response.) Hearing no other

HEARING OFFICER:

discussion all in favor of the motion say aye. THE BOARD: Aye. Opposed?

HEARING OFFICER: THE BOARD:

(No response.) We deny your

HEARING OFFICER: application. DOCTOR LAKIN:

And the reason being that? We consider that

HEARING OFFICER:

dishonorable conduct and that is within our statute. MR. STOOKEY: Doctor Lakin, there will be

a Final Order published with a notice and appeal rights. That order will be sent to you. THE SPEAKER: Okay. Thank you.

(THEREUPON, the conference hearing on application for licensure concluded at 2:34 P.M.) . . . . . .

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BOARD MEETING
CERTIFICATE

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ss: COUNTY OF SHAWNEE I, Cameron L. Gooden, a Certified Shorthand Reporter, commissioned as such by the Supreme Court of the State of Kansas, and authorized to take depositions and administer oaths within said State pursuant to K.S.A. 60-228, certify that the foregoing was reported by stenographic means, which matter was held on the date, and the time and place set out on the title page hereof and that the foregoing constitutes a true and accurate transcript of the same. I further certify that I am not related to any of the parties, nor am I an employee of or related to any of the attorneys representing the parties, and I have no financial interest in the outcome of this matter. Given under my hand and seal this day of , 2011. ______________________________ Cameron L. Gooden, C.S.R. No. 1335