Dr. Brandon Porter was notified on August 20 by the New York State Department of Health that he must surrender his medical license.
He can appeal the decision but in the meantime he is prohibited from practicing medicine.
Here is the letter he received:
August 20, 2019 CERTIFIED MAIL – RETURN RECEIPT REQUESTED
Jeffrey J Conklin Esq NYS Department of Health Corning Tower Room 2517 Empire Stale Plaza Albany New York 12237
Michael S Kelton, Esq Abrams Fenslerman et al 1 Metrotech Center Suite 1701 Brooklyn New York 11201
Brandon Porter, M.D. c/o Michael S. Kelton, Esq. Abrams, Fensterman, et. al. 1 Metrotech Center, Suite 1701 Brooklyn New York 11201
RE: In the Matter of Brandon Porter, M.D.
Enclosed please find the Determination and Order (No 19-213) of the Hearing Committee in the above referenced matter. This Determination and Order shall be deemed effective upon the receipt or seven (7) days after mailing by certified mail as per the provisions of §230, subdivision 10, paragraph (h) of the New York State Public Health Law.
Five days after receipt of this Order you will be required to deliver to the Board of Professional Medical Conduct your license to practice medicine together with the registration certificate. Delivery shall be by either certified mail or in person to:
Office of Professional Medical Conduct
New York State Department of Health
Office of Professional Medical Conduct
150 Broadway – Suite 355
Albany, New York 12204
If your license or registration certificate is lost, misplaced or its whereabouts is otherwise unknown, you shall submit an affidavit to that effect If subsequently you locate the requested items, they must then be delivered to the Office of Professional Medical Conduct in the manner noted above.
As prescribed by the New York State Public Health Law §230, subdivision 10, paragraph (i), (McKinney Supp. 2015) and §230-c subdivisions 1 through 5, (McKinney Supp. 2015), “the determination of a committee on professional medical conduct may be reviewed by the Administrative Review Board for professional medical conduct.” Either the licensee or the Department may seek a review of a committee determination.
Request for review of the Committee’s determination by the Administrative Review Board stays penalties other than suspension or revocation until final determination by that Board. Summary orders are not stayed by Administrative Review Board reviews.
All notices of review must be served, by certified mail, upon the Administrative Review Board and (he adverse party within fourteen (14) days of service and receipt of the enclosed Determination and Order.
The notice of review served on the Administrative Review Board should be forwarded to;
James F. Horan, Esq., Chief Administrative Law Judge
New York State Department of Health
Bureau of Adjudication
150 Broadway – Suite 510
Albany, New York 12204
The parties shall have 30 days from the notice of appeal in which to file their briefs to the Administrative Review Board. Six copies of all papers must also be sent to the attention of Mr. Horan at the above address and one copy to the other party. The stipulated record in this matter shall consist of the official hearing transcript(s) and all documents in evidence.
Parties will be notified by mail of the Administrative Review Board’s Determination and Order.
Porter got into hot water with his medical license for conducting human fright experiments and failing to report a mysterious illness at Vanguard Week 2016 which saw hundreds of followers of Keith Raniere, head of the Nxivm cult, become sick.
The Health Department charged Porter with 25 specifications of professional misconduct in 2018.
Porter mustered a defense calling Nxivm witnesses to testify on his behalf.
He called Julia Berry, Lucas Roberts, Robert Younis, Dolores Wilson, Scan Craney, Evan Horowitz, his wife, Janie, and Roxane Cohen Silver, Ph.D. and himself.
He conducted human research that “exposed his subjects to the possibility of injury, including physical, psychological or social injury, as a consequence of participating as a subject in any research, development.”
he also violated the rule requiring physicians to report unusual outbreak of disease.
Here are the findings of fact:
Findings’ of Fact
- Brandon Porter, M.D. was authorized to practice medicine in New York State on June 12, 2009, by the issuance of license number 253486. The Respondent’s background includes M.D. and Ph.D. graduate degrees from the University of Iowa as part of a Medical Science Training Program. [Exhibit 1; Transcript, p. 2386.]
- Beginning in 2001, the Respondent became a member of NXIVM, a corporation based in Albany, New York and founded by Keith Raniere, with the “goal to do research,” specifically to evaluate whether the NXIVM curriculum produced measurable results. The Respondent relocated for NXIVM in 2009 to Albany, New York, from Iowa to “measure the program…”
- The Respondent alleged the purpose of NXIVM was to help people build more joy in their lives and achieve self-improvement goals through its programs, which included Executive Success Programs, of which Nancy Salzman was president, the Ethical Science Foundation, funded by Clare Bronfman as president, and the Ethicist, overseen by Daniella Padilla and Lauren Saltzman.
- NXIVM targeted individuals willing to pay for courses to improve themselves personally and professionally.
- Between 2009 and 2017, the Respondent was employed as a hospitalist at St. Peter’s Hospital in Albany. His job duties included providing care and treatment to hospital patients and making referrals to specialists. In September of 2017, the Respondent met with Steven Hanks, M.D., Chief Medical Officer, and his supervisor, Thea Dalfino, M.D., Chief of Hospital Medicine, to discuss his employment amid “reputational concerns” after articles emerged that he was showing videos to people. The Respondent admitted to the physicians that he was conducting human subject research without IRB approval. One month later, Dr. Hanks provided the Respondent with the opportunity to resign from this position and the Respondent accepted….
- Within the period of 2010 through 2017, the Respondent performed human subject research on approximately 200 subjects, including A.7 and A. 10, participating in courses through NXIVM’s Executive Success Program (ESP study). As part of the study, he used an electroencephalogram (BEG) to record the subjects’ brain activity, galvanic skin resistance (GSR) to measure their physiological responses and a video camcorder or audio tape to record their facial or auditory reactions. The Respondent claimed his purpose in using these devices was to evaluate subjects’ brainwave and emotional responses….
- Between 2012 and 2017, as part of NXIVM’s Executive Success Program, the Respondent performed human subject research on ten subjects diagnosed with Tourette’s Syndrome, including C.1, when he counted their tics and instructed them to complete Yale Global Tic Severity Scale surveys to determine the severity of their Tourette’s symptoms. He also used the EEG, GSR and video camcorder to record their tics and the results of Nancy Saltzman working with them over the course of four to 20 sessions. The Respondent alleged the purpose in the Tourette’s study was to measure improvement oi changes of the subjects’ Tourette’s symptoms.
- Following completion of the Tourette’s study, on behalf of NXIVM, five out of the ten subjects participated in a documentary film, My Tourette’s, which was made available online and identified the Respondent as “lead researcher.”
- Within the period 2012 to 2017, on behalf of NXIVM Executive Success Programs, the Respondent performed human subject research on two subjects diagnosed with Obsessive-Compulsive Disorder (OCD), including B-l, when he administered Yale-Brown Obsessive-Compulsive Scale surveys to measure the severity of their OCD symptoms (OCD study) and used a video camcorder to record the results of Nancy Salzman working with B.l. …
- Between 2016 through August of 2017, as part of NXIVM’s Ethicist program, the Respondent performed human subject research on approximately 40 human subjects, including l, A.2. A.5, A.6, A.7, A.9 and A. 10, by showing them happy or inspirational and disturbing or graphically violent scenes from commercials, short films and movie clips (video clips study). These clips included a video depicting the actual murders and dismemberment of five women and movie scenes showing a gang rape and a racially motivated murder of an African American male. The Respondent used the EEG and GSR to record their brainwaves and physiological responses to watching the clips. He also used a video camcorder to record their facial expressions….
- The Respondent’s conduct in performing the video clips, Tourette’s, OCD and ESP human research studies on the subjects, including A.l, A.2, A.5, A.6, A.7, A.9, A. 10, B.l and C. 1, constituted the practice of medicine. The Respondent also practiced medicine when he prescribed Wellbutrin to subject B-l on two occasions, which he completed without documenting a clinical record of communicating with the subject’s treating psychiatrist…..
- The Respondent collected the data from the EEGs, galvanic skin responses and video camcorder and downloaded it to a computer. The data, hard drive and equipment used for the studies, lists containing names of study participants and OCD and Tourette’s surveys are located in the locked room of a building used by the Ethical Science Foundation and beyond the Respondent’s control….
- The Respondent labeled the data by assigning non-random numerical values to the subjects based on the order in which they “joined the study.” This number and the subjects’ names were placed on a list, which was saved to the computer. The video data shows the subjects’ unmasked faces….
- It was a deviation from the standard of care for the Respondent not to maintain the data from the studies himself. The Respondent was obligated to safeguard the data to prevent its improper use….
- In performing the human research studies, the Respondent exposed the subjects, including A.I, A.2, A.5, A.6, A.7, A.9, A.10, B.l and C.l to risks of harm, including psychological and physical anguish, pain and suffering and data breaches of their confidential and sensitive information. The subjects’ responses from the EEGs and other recording devices were never analyzed, resulting in studies withoul results or benefits to science, medicine or humankind…..
- Prior to performing human research on the subjects, including A. 1, A.2, A.5, A.6, A.7, A.9, 10, B.l and C.l, the Respondent was required to apply to the Commissioner to establish a HRRC of affiliate himself with an institution or agency having a HRRC to review the studies in accordance with New York State laws, neither of which he accomplished. AIIRRC is equivalent to an Institutional Review Board (IRB) as an entity that reviews human subject research not in compliance with, or subject to, federal regulations….
- The Respondent very seriously deviated from the standard of care by performing human subject research without approval from the Commissioner to establish a HRRC or affiliation with an institution or agency having a IIRRC. The purpose of a IIRRC is to assess risks, protect subjects….
- Prior to performing human research on the subjects, including A. I, A.2, A.5, A.6, A.7, A.9, 10, B.l and C.I, the Respondent was required to obtain their voluntary, written informed consent. The Respondent failed to obtain this consent from the subjects….
- The Respondent very seriously deviated from the standard of care by performing human subject research on the subjects without obtaining their written, informed consent. It is essential to obtain initial written informed consent and written reconsent to inform subjects of the human research details, risks, benefits, the right to withdraw and plans for confidentiality protection and minimization of risks….
- Prior to performing human research on subjects, including A.1, A.2, A.5, A.6, A.7, A.9, 10, B.l and C.l, the Respondent was required to complete human subject research training to confirm his competency and qualifications to engage in such research. The Respondent never completed this training…..
- The Respondent very seriously deviated from the standard of care in performing human subject research without completing human subject research training. The purpose of the training is to ensure research staff adhere to rules, laws and standards applicable to human subject research….
- Prior to performing human research on subjects, including A. 1, A.2, A.5, A.6, A.7, A.9, 10, B.l and C.l, the Respondent was required to submit a research protocol, informed consent templates certificates of human subject research training and plans for data interpretation and statistical methods to an MRRC for review. The Respondent never submitted these documents. The protocol would identify research details, including its necessity, purpose, benefits and risks, the research team and plans for minimizing risks and protecting confidentiality….
- The Respondent very seriously deviated from the standard of care by performing human Hibject research without submitting any of these documents to a i-IRRC. The purpose of this requirement is to ensure human subject research respects persons by protecting their rights and autonomy…..
- Between August and into the beginning of September of 2016, the Respondent participated in an annual corporate retreat for NX1VM at the Silver Bay YMCA Family and Retreat Center, located in Silver Bay, New York. The Respondent alleged that the goal of the event was for NX1VM members to “be joyful” and celebrate “humanity.” Approximately 400 to 450 NX1VM members attended this event.
- While attending this event, the Respondent became aware that many of the attendees, including a pregnant woman, infants and young children, became ill with a wide-spread gastrointestinal illness and suffered symptoms of nausea, vomiting, diarrhea and abdominal pain. The Respondent suspected the cause of the illness was a virus, possibly Norovirus. Norovirus is contagious and can lead to large, quick outbreaks of the disease….
- This illness constituted an unusual disease outbreak. It included a group of people who developed symptoms that they otherwise would not have had. Physicians are legally obligated to report any .disease outbreak or unusual disease to public health officials and pending a response, isolate infected The Respondent failed to satisfy these obligations….
- It was a moderate departure from the standard of care for the Respondent not to report the disease outbreak. The attendees and public were placed at risk for harm, including preterm labor for pregnant women, dehydration for neonates and infants and morbidity for the immunosupprcssed or renal [illness].
Whoa – renal illnesses?
That is exactly what Pam Cafritz had – renal cancer. Is it possible that Raniere with Porter’s help may have sought to introduce this illness into Vanguard Week to finish off one inconvenient old harem member?
Raniere and Porter quarantined many of the Nxians – they said – to protect Pam – who was dying of renal cancer.
Were they really trying to protect her? We will have more to say on this later.
As for Porter’s human fright experiments, I have always suspected that these were conducted on prospective DOS women – to see how well they would respond to violence and brutality.
The DOS women Raniere wanted were best if they were without conscience. He wanted women who could see women beheaded and not cry out or turn away.
What would this mad duo – Porter and Raniere – have done if Frank Report did not expose their branding of women – which caused the Nxivm cult to crater.
Frank Report revealed the branding and blackmail scheme in June 2017 and immediately the cult fell to peices.
Note in the findings above that the 2016 Vanguard Week had 400 plus attendees.
The 2017 Vanguard Week – which was held in August 2017 – between the time I first broke the branding story in June [and also the human fright experiment story] Dr. Brandon Porter conducting human fright experiments on slender young ladies… Why?
The New York Times story that prompted the FBI to investigate Raniere came out in October 2017.
Vanguard Week, 2017 had a mere 125 attendees.
As for Dr. Brandon Porter, true he can try an appeal, but my guess is his chances for success are low.
So we must leave Porter and our readers as we so often do with not the usual Nxivm slogan “He who has the most joy wins,” but one more apropos:
Viva Executive Success!