| Joni Sager 11503 Big Trail Cove Austin, Texas 78759 July 19, 2004 Lee S. Anderson, MD President, Texas State Board of Medical Examiners P.O. Box 2018 Austin, TX 78768-2018 Re: License Suspension of Philip J. Leonard, MD Dear Dr. Anderson: This letter is in support of the immediate re-instatement of Dr. Philip J. Leonard's medical license. The continuing suspension of his license means that Dr. Leonard is
serving the most punitive sentence that the Board of Medical Examiners can
hand down, despite the fact that he has not been found guilty of any crime
- or even a lapse of professional judgment. In fact, he was recently
found not guilty of major charges against him. The panel at the temporary
suspension hearing over a year ago stated that there was no question about
the quality of care that his patients receive. The welfare of the public
would not be adversely affected if Dr. Leonard's license were restored
with cautionary restrictions, such as he should have an assistant in the
consulting room with him during examinations. That is something he
probably would insist on now so he would always have a witness available. For 12 years I served as the communications director for the Texas District & County Attorneys Association. Article 2.01 of the Texas Code of Criminal Procedure states, "It shall be the primary duty of all prosecuting attorneys not to convict, but to see that justice is done." I realize that the Texas Board of Medical Examiners has to adhere to a standard other than the accused is innocent until proven guilty since the Board must take the safety of the public in account. However, Dr. Leonard's license suspension is not justified on public
welfare grounds. In fact, it would better serve the public welfare if his
expertise were again available to the community. A jury has already
decided that some of the charges against him are without merit. There is
no justice in the continuing suspension of his license. |