Posted by


 Fred A
Baughman Jr., MD

Neurology & Child Neurology (board certified)

1303 Hidden
Mountain Drive

El Cajon, CA 92019

619 440 8236

Deborah V. Ortiz, Chair, & Members                                               May 15. 2002

Committee on Health and Human Services

Capitol, Room 2191


SB 1290, Informed Consent in ADHD

Chairwomen Ortiz & All Members,

appears that the California legislature, like all parents everywhere, and the
entire rest of the country have been deceived as to the true nature of ADHD and
all “mental illnesses.”

I did tell you that no such disease/abnormality as ADHD (or any childhood
psychiatric condition/diagnosis) has been validated within the
medical/scientific literature of the world medicine, as an actual disease,
having a confirmatory abnormality within the child/person.  In medicine a disease is an abnormality; no
abnormality—normal–no disease. The abnormality may be gross, i.e. visible to
the macroscopic, microscopic, or molecular—chemical (a with to much sugar in
diabetes, to much phenylalanine in PKU), but, unless some abnormality has been
objectively demonstrated, disease cannot 
be said to be present in that individual; that individual is

the testimony taken by your committee, 2/13/02, you were told “there are
no  diagnostic tests.”  This statement itself is deceiving.  The reason there are no diagnostic or
“biological” tests is that there are no abnormalities to test for—and all in
medicine and psychiatry who practice and orchestrate the practice of “mental
health,” know it. 

the March, 5-8, 1998 meeting of the American Society for Adolescent Psychiatry,
James M. Swanson, of the University of California, Irvine, acknowledged (tape
recording): “ I would like to have an objective diagnosis for the disorder
(ADHD).  Right now psychiatric diagnosis
is completely subjective…We would like to have biological tests–a dream of
psychiatry for many years.”  Nor is the
situation different today, nor will it be tomorrow–the reason being that true
diseases are natural occurrences, in plant, animal and human life, described by
observant professionals in those fields as they are encountered, not
in-committee, contrivances/inventions as in psychiatry with their Diagnostic
and Statistical Manuals, each with more labels with which to victimize.  


other words, all ADHD children and all children with psychiatric/mental health
diagnoses, are medically/physically normal children—normal until the
drugging/intoxication/poisoning (knowingly drugging a normal individual)

the ADHD industry and all of children’s mental health parents/guardians are
fraudulently induced to see their children as diseased/abnormal—as “patients”
to get them accept psychiatric/mental health treatments (usually psychiatric
drugs; in ADHD, usually Schedule II, addictive, controlled substances). 

Not all such parents are
explicitly told ADHD (or “bipolar” or OCD) is a  “disease” but all of them, one way or another, are lead to
believe that the entity diagnosed in their child is a disease, which means, an
abnormality within the child–their child. 
Regardless of the specific language, when parents are lead to believe
their normal child is somehow abnormal/diseased, with this belief leading to
the acceptance of medical treatment (usually drugging) their has been (1)
violation of informed consent, which, in most jurisdictions is tantamount to
(2) medical malpractice (3) medical fraud as defined in  California, SB-836, Figueroa, under which:
“It is unlawful for any person … to disseminate or cause to be disseminated any
form of public communication… containing a false, fraudulent, misleading, or
deceptive statement or claim…”  (4)
violation of the California Uniform Controlled Substances Act, which states
[page 36, Article 2, 11190. Prescriber’s Record for Schedule II Substance]:
“The prescriber’s record shall show the pathology
(pathology equals abnormality equals disease, and in ADHD there are none of the
above) and purpose for which the prescription is issued, or the controlled
substance administered, prescribed, or dispensed,”  (5) having lead normal persons to believe that they are
abnormal/diseased, to gain their consent to treat, all subsequent medical or
surgical treatment constitutes assault and battery pursuant to Penal Code
sections 242/243. 

the absence of bona fide diseases in psychiatry, Valenstein [1], writes,
“There are no tests available for assessing the chemical status of a
living person’s brain.”[i]  Nor has any “biochemical, anatomical, or
functional signs have been found that reliably distinguish the brains of mental
patients.”[ii]   van Praag [2] tells how researchers thought
they had discovered a deficiency in a chemical cousin to serotonin in the
cerebrospinal fluid of some depressed patients.  “In the end, the deficiency proved neither diagnostic nor
specific for any psychiatric condition. 
Glenmullen [3] writes: “…not one (disease, chemical imbalance) has
been proven… In every instance where such an imbalance was thought to have been
found, it was later proven false.”[iii]  

to why patients throughout mental health are lied to, Valenstein [1], makes
clear:  The theories are held
on to…because they are useful in promoting drug treatment.”[iv]

[4], observes:  “The advent of the
psychotropic drugs has also given rise to a new biological language in
psychiatry. The extent to which this has come to be part of popular culture is
in many ways astonishing… It can reasonably be asked whether biological
language offers more in the line of marketing copy than it offers in terms of
clinical meaning
.”   In Mad
in America,
Whitaker [5] writes: 
“At the top of this wish list, though, would be a simple plea for
honesty.  Stop telling those diagnosed
…that they suffer from too much dopamine or serotonin activity and that the
drugs put these brain chemicals back into ‘balance.’ That whole spiel is a
form of medical fraud, and it is impossible to imagine any other group of
patients—ill say, with cancer or cardiovascular disease—being deceived in this

American Medical Association, the California Medical Association, the American
Psychiatric Association, the California Psychiatric Association, the American
Academy of Pediatrics, the American Academy of Family Practice, the American
Academy of Neurology, the American Society of Adolescent Psychiatry, the Child
Neurology Society, CHADD, NAMI, the NIH, the NIMH, the FDA, the DEA, the US
Congress, the world-wide pharmaceutical industry, and others, know there are no
bona fide diseases within psychiatry/mental health but continue as a matter of
market-place strategy to portray them as such to their patients and to the
public—all of them potential “mental health” patients—consumers of

have corresponded with the California Medical Board [6,7] on this issue on two
occasions.  As physicians, the members
of the board know the truth of what I speak, but hesitate to act because—if I
read them correctly, and I believe I do, the fraud of calling normal children
“diseased” to make “patients” of them has become the standard of practice in
the state, making it alright. 

I testified as to the deficiencies of information parents routinely get
regarding the drugs used to treat ADHD (and all psychiatric “diseases”), it
should be apparent that having lead them to believe their normal children are
diseased/abnormal to make “patients” of them, in and of itself, dooms that
family’s right to informed consent.  In
fact, the “disease” lie in present-day psychiatry/mental health, is the crux of
what is the greatest US health care fraud in history (and, increasingly, around
the world). 


A. Baughman Jr., MD


  1. Elliot
    S. Valenstein, Ph.D., Blaming the
    (The Free Press, New York, 1998)

  2. van Praag[1] Hermann. “Make-Believes” in

  3. Joseph Glenmullen, M.D., Prozac
    , (Simon & Schuster, NY, 2000)

4.       David Healy, The
Anti-Depressant Era
, (Harvard University Press, 1999)

5.       Robert
Whitaker, Mad in America: Bad Science, Bad Medicine, and the Enduring
Mistreatment of the Mentally Ill, 
(Perseus Publishing, 2002)

  1. Letter to California Medical Board, November 3, 2001.

  2. Letter to the California Medical Board, January 4, 2001. 

[i], p.4.

[ii]Elliot S.
Valenstein, Ph.D., Blaming the Brain (The
Free Press, New York, 1998), p. 125.

Glenmullen, M.D., Prozac Backlash,
(Simon & Schuster, NY, 2000), p. 196.

[iv]Elliot S.
Valenstein, Ph.D., Blaming the Brain (The
Free Press, New York, 1998), p.4.

Intro p 5

Robert Whitaker, Mad in America: Bad Science, Bad Medicine, and the Enduring
Mistreatment of the Mentally Ill
(Perseus Publishing, 2002), p. 290.

Leave a Reply

  • (will not be published)