NYSate decision (FAVORABLE!!!!)

[Guest guest]

The OPMC is the arm pf the medical " law " that's gone after

LLMDs in the past.

Finally - a little breathing rooom for them.

The following memorandum was issued June 15, 2005 by OPMC Director

Dennis

Graziano to every staff member of the Office of Professional Medical

Conduct

(OPMC) and copied to all the members of the Board for Professional

Medical

Conduct and its chief counsel:

Memorandum excerpts/letter from Pat :

" Subject: Investigation of Practitioners Utilizing Treatment

Modalities

That Are Not Universally Accepted by the Medical Profession.

" This memorandum is intended to memorialize and endorse the

principles that

are currently in place in the Office of Professional Medical Conduct

regarding the investigation of physicians, physician assistants and

specialist assistants who use treatment modalities that are not

universally

accepted by the medical profession, such as the varying modalities

used in

the treatment of Lyme disease and other tick-borne diseases.

" As you know, Article 131 of the Education Law defines the practice of

medicine.

Paragraph (e) of subdivision four of §6527 of the Education Law

provides that Article 131 'shall not be construed to affect or

prevent...[a] physician's use of whatever medical care, conventional

or non-conventional,

which effectively treats human disease, pain, injury, deformity or

physical

condition.'

Under current law, therefore, it is clear that so long as a

treatment modality effectively treats human disease, pain, injury,

deformity

or physical condition, the recommendation or provision of that

modality does

not, by itself, constitute professional misconduct.

" Consequently, it is contrary to the policy and practice of the

Office of Professional Medical Conduct to identify, investigate or

charge a physician, physician's assistant or specialist assistant

based solely on that practitioner's recommendation or provision of

such treatment modality.

" Please note that this prohibition does not exonerate such

practitioners

from otherwise applicable professional requirements. "

According to New York doctor ph Burrascano, " This memorandum

means that

the pressure is now off of Lyme-treating physicians in New York, and

it is certainly a reward for all the hard work and efforts of the Lyme

community. "

The Lyme Disease Association and Voices of Lyme/NY Lyme are pleased to

announce that the New York State OPMC has issued this memorandum on

investigating doctors who are treating Lyme disease and other tick-

borne

diseases. The extensive public grass roots work of the Lyme community

enabled a number of private meetings to be held in Albany,

culminating with

a January 2005 meeting with the Governor's counsel. This meeting set

in

motion the issuing of the memorandum.

We are grateful to New York Assembly members Adam Bradley, Nettie

Mayersohn,

and for their constant support of the Lyme community

including

their initiation of and attendance at this January

2005 meeting with the Governor's office, the Lyme Disease Association

and

Dr. Fallon, Columbia University College of Physicians &

Surgeons.

We thank Governor Pataki who responded to the thousands of

communications he

received from Lyme patients seeking protection for their medical

care. He

was instrumental in the work leading to the issuance of this memo.

Most importantly, we thank the Lyme community for its continued

dedication

to addressing the conditions in NY which had threatened the medical

care of

Lyme disease patients. Without your continued grass roots efforts

over the

past four years through phone calls, faxes, emails, letters, and

testimonies, this memorandum would not have been issued.

We also thank our physicians who have freely provided their time and

expertise in this process, particularly ILADS and Dr. Fallon.

Jill

Auerbach deserves special recognition for her role in the meeting

process.

Thanks to of FAIM, who, working independently,

consistently

provided invaluable direction to the Lyme disease effort.

Also thanks to Gottfried, Chair, Assembly Health Committee,

who

called the Assembly hearings on Lyme disease and has been fighting

very hard

along with us for the OPMC reform bill.

YOUR CONTINUED EFFORTS AND SUPPORT CAUSED THIS TO HAPPEN!

THANK YOU ALL!

Pat President

LDA

Ellen Lubarsky Voices of Lyme/NY Lyme

----------------------------------------

Pat , President

Lyme Disease Association, Inc.

PO Box 1438

, NJ 08527

888-366-6611 information line

732 938-7215 fax

www.LymeDiseaseAssociation.org