Friday, January 05, 2007

State suspends psychiatrist suspected of having sex with patient

As seen in the Lansing State Journal

The state has temporarily suspended the medical license of a Detroit-area psychiatrist suspected of having a sexual relationship with a patient, Attorney General Mike Cox said.

Albert Bayer of Farmington Hills is also suspected of over-prescribing narcotics to the same patient, Cox said in a news release.

A call to a Farmington Hills telephone listing for an Albert Bayer went unanswered Thursday evening.

Cox filed a complaint against Bayer in December with the state Department of Community Health's Bureau of Health Professions, which investigated the allegations against the psychiatrist.

"It is disturbing that a doctor would abuse the trust of patients who seek his medical assistance," Cox said. "After receiving the evidence against Dr. Bayer, my office has concluded that the public would be at risk if he were to continue practicing medicine."

Cox said his office will request "severe" sanctions against Bayer.
A reader comment at the newspaper website noted the following:
Deprivation of Rights Under Color of Law, 18 U.S.C. § 242. This provision makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.

For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.

The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.( The Mich. Dept. of civl rights and the "E.E.O.C" should take special note of this)

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