Disciplinary Actions
against Richard Marschall, N.D.

Stephen Barrett, M.D.


In September 2012, the Washington Board of Naturopathy charged naturopath Richard Marschall with unprofessional conduct. The charges (shown below) included (a) improperly representing himself as a "bariatric endocrinologist" and (b) being convicted for trafficking in human chorionic gonadotropin (HCG) which he was illegally prescribing as a weight loss drug.

In 1997, Marschall was charged with diagnosing and treating between 75 and 100 patients by telephone, mail, and/or online computer services for an alleged thyroid disorder called "Wilson's Syndrome." The charges were settled with an agreed order under which his license was suspended for 30 months with the provision that he could continue practicing if he did not treat out-of-state patients without physically examining them and treating them in tandem with a health-care professional from the state where the patient resides. He also agreed to pay a $3,000 administrative fine and to permit a Health Department investigator to audit records and review what he was doing twice a year for a two-year period. Wilson's syndrome—also called Wilson's temperature syndrome—is not is not recognized as valid by the scientific community. Its originator, E. Denis Wilson, M.D., lost his Florida medical license in the early 1990s for treating patients with unnecessary and inappropriate dosages of thyroid hormone.


STATE OF WASHINGTON
DEPARTMENT OF HEALTH
BOARD OF NATUROPATHY

In the Matter of:

RICHARD A. MARSCHALL
Credential No. NATU.NT.00000532

Respondent.


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No. M2010-1493

STATEMENT OF CHARGES

The Executive Director of the Board of Naturopathy (Board), on designation by the Board, makes the allegations below, which are supported by the evidence contained in case nos. 2009-133433 and 2011-160977.

1. ALLEGED FACTS

1.1 On August 26, 1986, the state of Washington issued Respondent a credential to practice as a naturopathic physician. Respondent's credential is currently active.

1.2 On or about September 26, 2011, Respondent was convicted of Causing the Introduction of a Misbranded Drug, in the Federal District Court for the Western District of Washington, Case Number 3: 11 CR5222BHS-0001, USM Number 41188-086. The charge resulted from the introduction of Human Chorionic Gonadoptropin (hCG), manufactured in China and distributed by a company in India, and Respondent's use of it as a weight loss drug, a use for which the drug is not approved by the Food and Drug Administration.

1.3 In an email dated February 17, 2009, to the FDA, Respondent stated, "1 am an endocrinologist, a hormone expert. I use Human Chorionic Gonadatropin to treat infertile patients."

1.4 On his web site, Respondent refers to himself as a "bariatric endocrinologist. "

1.5 Doctors of naturopathic medicine may not be board certified in bariatric endocrinology. There is no certification in bariatric endocrinology.

2. ALLEGED VIOLATIONS

2.1 Based on the Alleged Facts, Respondent has committed unprofessional conduct in violation of RCW 18.130.180(1), (13) and (17). which provide:

RCW 18.130.180 Unprofessional conduct. The following conduct, acts, or conditions constitute unprofessional conduct for any license holder under the jurisdiction of this chapter:

(1) The commission of any act involving moral turpitude, dishonesty, or corruption relating to the practice of the person's profession, whether the act constitutes a crime ornot. If the act constitutes a crime, conviction in a criminal proceeding· is not a condition precedent to disciplinary action. Upon such a conviction, however, the judgment and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt of the license holder of the crime described in the indictment or information, and of the person's violation of the statute on which it is based. For the purposes of this section, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended. Nothing in this section abrogates rights guaranteed under chapter 9.96A RCW;.

. . .

(13) Misrepresentation or fraud in any aspect of the conduct of the business or profession;

. . .

(17) Conviction of any gross misdemeanor or felony relating to the practice of the person's profession. For the purposes of this subsection, conviction includes all instances in which a plea of gullty or nolo contendere is the bases for conviction and all proceedings in which the sentence has been deferred or suspended. Nothing in this section abrogates rights guaranteed under chapter 9.96A RCW;

The above violations provide grounds for imposing sanctions under RCW 18.130.160.

3. NOTICE TO RESPONDENT

The charges in this document affect the public health, safety and welfare. The Executive Director of the Board directs that a notice be issued and served on Respondent as provided by law, giving Respondent the opportunity to defend against these charges. If Respondent fails to defend against these charges, Respondent shall be subject to discipline and the imposition of sanctions under Chapter 18.130 RCW.

DATED: SEPTEMBER 17, 2012.

STATE OF WASHINGTON
DEPARTMENT OF HEALTH
BOARD OF NATUROPATHY

______________________________
for BLAKE MARESH
EXECUTIVE DIRECTOR

______________________________
KRlSTI BREWER, WSBA #38494
ASSISTANT ATTORNEY GENERAL

This page was posted on September 2, 2013.

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