In the United States, Dr. Meryl Nass from Maine has been suspended and asked to undergo a psychological evaluation by the medical board due to her COVID-19 related comments and medication practices. She subsequently filed a lawsuit against the medical board. A federal judge ruled on August 20th that the medical board has legal immunity regarding the suspension, but the issue of the demanded psychological evaluation for Nass can proceed to trial.
During the COVID-19 pandemic, Dr. Nass publicly expressed views that differed from the government and mainstream medical perspectives. She had prescribed Ivermectin and hydroxychloroquine to COVID-19 patients.
On October 6, 2021, the Maine Board of Licensure in Medicine received a complaint from a non-Nass patient alleging that she was spreading “misinformation” about COVID-19. One controversial statement by Nass was that individuals who had recovered from COVID-19 had some level of protection against reinfection.
The medical board also raised concerns about her prescription practices. Nass prescribed the anti-parasitic drug Ivermectin to a COVID-19 patient and indicated to a pharmacist that hydroxychloroquine was for treating Lyme disease for another patient when it was actually for COVID-19 treatment.
Ivermectin was originally an anti-parasitic drug. There was controversy during the COVID-19 pandemic on whether this drug could be used for treatment. The Food and Drug Administration (FDA) had not approved or authorized the use of Ivermectin for prevention or treatment of COVID-19.
In January 2022, the medical board convened to review Nass’s case, ultimately suspending her medical license and requiring her to undergo a psychological evaluation as a condition for license reinstatement.
Subsequently, Nass challenged the actions of the medical board in both state and federal courts. In the state court, she sought a review of the medical board’s administrative sanction. The Maine Superior Court overturned the order for Nass’s psychological evaluation, deeming the medical board’s decision “arbitrary and capricious.” Additionally, Nass filed a lawsuit in federal court against the medical board and related individuals to determine if her rights were violated.
Federal District Court Judge Lance Walker raised questions about the medical board’s basis for requiring Nass to undergo the psychological evaluation in the ruling on August 20th. According to Maine law, if a physician may be unable to safely practice due to mental illness, substance abuse, drug misuse, or other mental or physical issues, the medical board can request the evaluation.
Judge Walker noted that there was no evidence in the case record suggesting Nass had substance or alcohol abuse issues, nor did it show any physical problems. This seemed to indicate that the medical board viewed Nass’s opinions as stemming from mental illness or mental issues rather than independent thought, or as a potential deterrent to others.
Moreover, Walker pointed out that typically there should be reasonable grounds established before imposing such restrictions before trial. However, in Nass’s case, the medical board skipped the preliminary procedures. The judge described the order for a psychological evaluation as lacking “evidence and procedure” as the basis.
After the state court revoked the psychological evaluation order, the medical board requested the federal court to dismiss Nass’s lawsuit. Judge Walker partially approved the request.
The judge determined that the medical board members had legal immunity during formal hearings and decisions to suspend Nass’s medical license, thus she couldn’t pursue action against them in this regard. However, regarding the psychological evaluation order, Walker ruled that the case could continue regarding the board’s request for Nass to undergo the evaluation.
Therefore, the ruling did not overturn the medical board’s decision to suspend Nass’s medical license or determine the correctness of her use of Ivermectin or hydroxychloroquine to treat COVID-19. The court allowed further review specifically on the medical board’s requirement for Nass to undergo the psychological evaluation.
Following the ruling, Nass expressed satisfaction that the case could proceed, aiming to clear her name through litigation and defend the freedom of healthcare providers to speak the truth to patients, especially when those views differ from government or mainstream medical perspectives.
Nass’s medical license in Maine remains suspended. She stated that the conditions set by the medical board for license reinstatement, including regular submission of medical records for review, hinder her ability to practice independently, hence she has not sought license reinstatement under those conditions.
Recently, Nass has relocated to New Hampshire.