Please Wrtie to the A.S.P.S if you have improved since explant

[Guest guest]

Write to the A.S.P.S.

Considering that the A.S.P.S. is publicly supporting the return of

silicone gel-filled breast implants to the market, they should

assume partial responsibility, along with Mentor for the

complications that implants have caused in the past and will

continue to cause in the future. One claim previously made by

plastic surgeons included that breast implants " last a lifetime " .

This is totally false. If your plastic surgeon violated the Code of

Ethics by making false predictions about the outcome of your surgery

or if you feel that you were unable to give informed consent, please

write to the A.S.P.S. If you developed a systemic disease after

receiving any type of silicone implants let them know.

If you have noticed an improvement in your health after explantation

or after using the Silicone Immune Protocol, please write a letter

supporting Dr. Kolb's efforts to help patients suffering from

silicone-related diseases. She has helped many patients who have

suffered because of breast implants.

If silicone gel breast implants return to the market for breast

augmentation, it is important that plastic surgeons learn to treat

systemic complications that some patients develop. Correspondence to

the A.S.P.S. Ethics Committee should be sent to the following

address:

Evan M.D.

Ethics Committee

444 East Algonquin Road

Arlington Heights, Il, 60005-4664

(please pass along to others you know)

Rosie =)

Implant~Info~Net

Implant Info Net

-

FYI This is the A.S.P.S .Code of Ethics

Code of Ethics of the American Society of Plastic Surgeons

(PLEASE NOTE: All complaints regarding possible ethical misconduct

must be in writing and sent to: ASPS Ethics Committee, Dept. 7, 444

East Algonquin Road, Arlington Heights, IL 60005-4664.)

PREAMBLE

As stated in its Bylaws, the American Society of Plastic Surgeons

(ASPS), is organized:

To benefit humanity by advancing the art and science of plastic and

reconstructive surgery; to promote the highest standard of

professional skill and competence among plastic surgeons; to promote

the exchange of information among plastic surgeons; to promote the

highest standard of personal conduct among plastic surgeons and

physicians; to provide the public with information about the

scientific progress in plastic and reconstructive surgery; to

promote the purpose and effectiveness of plastic surgeons as is

consistent with the public interest.

Membership in ASPS is granted by the voting membership of ASPS to

those surgeons who are competent practitioners of the art and

science of plastic surgery. Competence in plastic surgery involves

attainment and maintenance of high standards of medical and ethical

conduct. Medical competence is fostered by successful completion of

the examinations of the American Board of Plastic Surgery. Ethical

competence is fostered by the adoption and enforcement of a Code of

Ethics, adherence to which is prerequisite for admission to and

maintenance of membership in ASPS. Members are expected to act in

accord with the General and Specific Principles of the Code of

Ethics of ASPS in all contacts with patients, peers and the general

public. Further, members are individually responsible and

accountable for their actions and words, as well as the use of their

names by any individual or entity. Members shall be subject to

disciplinary action, including expulsion, for violation of any of

the General or Specific Principles of this Code. (10/99)

Section 1: General Principles

I. The principal objective of the medical profession is to render

services to humanity with full respect for human dignity. Physicians

should merit the confidence of patients entrusted to their care,

rendering to each a full measure of service and devotion.

II. Physicians should strive continually to improve medical

knowledge and skill, and must make available to their patients and

colleagues the benefits of their professional attainments.

Physicians have an affirmative duty to disclose new medical advances

to patients and colleagues.

III. Physicians should practice a method of healing founded on a

scientific basis, and should not voluntarily associate

professionally with anyone who violates this principle.

IV. The medical profession should safeguard the public and itself

against physicians deficient in moral character or professional

competence. Physicians should observe all laws, uphold the dignity

and honor of the profession, and accept its self-imposed

disciplines. They should expose, without hesitation, illegal or

unethical conduct of fellow members of the profession.

V. Physicians may choose whom to serve. In emergency situations,

however, physicians should render service to the best of their

ability. Having undertaken the care of a patient, a physician may

not neglect the patient; and until the patient has been discharged,

a physician may discontinue

services only after giving adequate notice.

VI. Physicians should provide services under the terms and

conditions which permit the free and complete exercise of sound

medical judgment and skill. Nothing contained in this provision

shall be construed to limit price competition among physicians.

VII. In the practice of medicine, a physician should receive

professional income only for:

(A) Medical services actually rendered or supervised by the

physician;

( Sale of medically-related products approved by the physician;

© Services provided by ancillary personnel known to and associated

with

the physician.

No physician shall pay nor receive a commission for referral of

patients. (10/99)

VIII. A physician should seek consultation upon request, in doubtful

or difficult cases or whenever it appears that the quality of

medical service may be enhanced thereby.

IX. A physician may not reveal a patient's confidence, any observed

characteristics of the patient, or any information obtained from the

patient in a professional capacity, unless required to do so by law

or unless it becomes necessary in order to protect the welfare of

the individual or of the community. (10/99)

X. The honored ideals of the medical profession imply that the

responsibilities of the physician extend not only to the individual,

but also to society. Activities, which have the purpose of improving

both the health and well-being of the individual and the community,

deserve the interest and participation of the physician.

XI. To assist the public in obtaining medical services, physicians

are permitted to make known their services through advertising.

Advertising, however, entails the risk that the physician may employ

practices that are false, fraudulent, deceptive, or misleading.

Regulation is, therefore, necessary and in the public interest.

Subsection II of the Specific Principles permits public

dissemination of truthful information about medical services, while

prohibiting false, fraudulent, deceptive or misleading

communications, and restricting direct solicitation. (10/99)

Section 2: Specific Principles

I. Each member may be subject to disciplinary action, including

expulsion, if:

(A) The member's right to practice medicine is limited, suspended,

terminated, or otherwise affected in any state, province, or country

for violation of a medical practice act or other statute or

governmental regulation or the member is disciplined by any medical

licensing authority. (10/99)

( The member fails to inform ASPS that the member's right to

practice medicine has been limited, suspended, terminated, or

otherwise affected in any state, province, or country for violation

of a medical practice act, other statute or governmental regulation

or, the member has been disciplined by any medical licensing

authority. (10/99)

© The member exhibits medical incompetence.

(D) The member is convicted of (or pleads guilty to) a felony or any

crime relating to or arising out of the practice of medicine or

involving moral turpitude.

(E) The member engages in sexual misconduct in the practice of

medicine.

(F) The member is involved in improper financial dealings including,

but not limited to:

1. Dividing a fee for medical service with another person licensed

to practice medicine who is not a partner or associate of his or

hers, unless

(a) The patient consents to employment of the other person licensed

to practice medicine under a full disclosure that a division of fees

will be made; and (10/99)

( A division is made in proportion to the services actually

performed and responsibility assigned to each; and (10/99)

© The total fee charged by all persons licensed to practice

medicine is not increased solely by reason of provision for the

division of fees. (10/99)

2. Payment and/or acceptance of rebates or referral fees to or from

any person, including agents and employees of the member, in

exchange for the referral of patients. Nothing in this Principle

shall be construed to prohibit a member from participating in a

referral service, in which the member's paid participation is

disclosed, where permitted by state law. (10/99)

3. Charging exorbitant fees, particularly of a non-contractual

nature (e.g., emergency care). Fees are exorbitant when they are

wholly disproportionate to the services rendered. The reasonableness

of fees depends upon the novelty and difficulty of the procedures

involved; the skill required to provide proper care; the time and

labor required; the fee charged for similar services by similarly

situated peers; and whether or not the patient had agreed in advance

to the fee.

4. Except in instances of emergencies or urgent and life threatening

disease or injury, nothing in this Principle shall be construed to

prohibit a member from requiring prepayment of professional fees for

all elective surgical operations

(G) The member, either personally or through a partner or associate

or any physician or other affiliated health care provider, uses or

participates in the use of any form of public or private

communication* (including computer imaging and electronic

communications) containing a false, fraudulent, deceptive, or

misleading statement or claim, including a statement or claim which:

(11/96), (10/99)

1. Contains a misrepresentation of fact, or omits to state any

material fact* necessary to make the statement, considered as a

whole, not deceptive or misleading.

2. Contains photographs, images, or facsimiles of persons that

falsely or deceptively portray a physical or medical condition,

injury, disease, including obesity, or recovery of relief therefrom.

3. Contains photographs, images, or facsimiles of persons who have

received the services advertised, but who have experienced results

that are not typical of the results obtained by the average patient,

without clearly and noticeably disclosing that fact. (10/99)

4. Contains photographs, images, or facsimiles of persons before and

after receiving services, which use different light, poses, or

photographic techniques to misrepresent the results achieved by the

individual. (10/99)

5. Contains a testimonial pertaining to the quality and efficacy of

medical care if the experience of the endorser does not represent

the typical experience of other patients or if, due to the

infrequency and/or complexity of such care, results in other cases

cannot be predicted with any degree of accuracy.

6. Is intended or is likely to create false or unjustified

expectations of favorable results.

7. Contains a representation or statement of opinion as to the

superior quality of professional services which is not susceptible

to verification by the public or contains a statement representing

that the member possesses skills or provides services superior to

those of other physicians with similar training unless such

representation can be factually substantiated.

8. Appeals primarily to layperson's fears, anxieties, or emotional

vulnerabilities.

9. Contains, in reference to any matter material to a patient's

decision to utilize a member's services, a representation of fact or

implication that is likely to cause an ordinary prudent person to

misunderstand or be deceived, or fails to contain reasonable

warnings or disclosures necessary to make a representation or

implication not deceptive.

10. Contains a prediction of future success or guarantees that

satisfaction or a cure will result from the performance of the

member's services.

11. States or implies that a member is a board-certified specialist

unless the member is certified by a board recognized by the American

Board of Medical Specialties.

12. Concerns illegal transactions.

13. Is not identified as a paid advertisement or solicitation unless

it is apparent from the context that it is a paid advertisement or

solicitation.

14. Relates to professional fees other than:

(a) A statement of the fixed fee charged for a specific professional

service, provided that the description of such service would not be

misunderstood or deceptive and that

the statement indicates whether additional fees may be incurred for

related professional services which may be required in individual

cases, and

( A statement of the range of fees for specifically described

professional services, provided that there is reasonable disclosure

of relevant variables and considerations affecting fees so that the

statement would not be misunderstood or be deceptive, including,

without limitation, an indication whether additional fees may be

incurred for related professional services which may be required in

individual cases.

15. Is intended or is likely to attract patients by use of

exaggerated claims. (10/99)

(H) The member performs an unjustified surgical operation or a

surgical operation that is not calculated to improve or benefit the

patient.

(I) The member practices or advertises under a trade name which is

false, fraudulent, deceptive or misleading.

(J) The member performs a surgical operation or operations (except

on patients whose chances of recovery would be prejudiced by removal

to another hospital) under circumstances in which the responsibility

for diagnosis or care of the patient is delegated to another who is

not qualified to undertake it.

(K) The member participates in a charity raffle, fund raising event,

contest or other promotion in which the prize is any procedure* or

gift certificate or other document redeemable for all or part of the

cost of a procedure*. Nothing in this Section 1 (K) shall prohibit a

member from offering discounted fees to patients or participating in

a charity raffle, fund raising event, contest or other promotion in

which the prize is a gift certificate or other document redeemable

for health care products or for an in-office consultation. (1/83),

(9/94), (10/99), (10/03)

(L) The member seeks or obtains a patent for any invention or

discovery of a method or process for performing a surgical

procedure, except if the method or process is performed by or as a

necessary component of a machine or composition of matter or

improvement thereof which is itself patentable subject matter.

(10/95)

(M) The member exhibits unprofessional conduct as defined in the

General or Specific Principles of this Code.

II. Advertising

(A) Subject to the limitations of Section 2, I, G, a member may

advertise through public communications media such as professional

announcements, telephone and medical directories, computer bulletin

boards, Internet web pages and broadcast and electronic media. The

following are examples of the types of useful information that could

be included in ethical advertising. The list is illustrative and

should not be interpreted as excluding other relevant information

consistent with the ethical guidelines established herein. (11/96)

1. A statement of regular E-mail or Web site addresses and telephone

numbers of the member's offices.

2. A statement of office hours regularly maintained by the member.

3. A statement of language, other than English, fluently spoken by

the physician or a person in the physician's office.

4. A statement as to specialty board certification or a statement

that the physician's practice is limited to specific fields.

5. A statement that the member provides services under specified

private or public insurance plans or health care plans.

6. A statement of names of schools and postgraduate clinical

training programs from which the member has graduated together with

the degrees received.

7. A listing of the member's publications in educational journals.

8. A statement of teaching positions currently or formerly held by

the member together with pertinent dates.

9. A statement of the member's affiliations with hospitals or

clinics.

10. A statement that the member regularly accepts installment

payments of fees, credit cards and/or other available financing

options. (10/99)

( A member shall not compensate or give anything of value directly

or indirectly to a representative of the press, radio, television,

or other communication medium in anticipation of or return for

recommending the member's services or for professional publicity. A

member may pay the reasonable cost of advertising permitted by this

Code. A member shall approve all advertisements before dissemination

or transmission, and shall retain a copy or record of all such

advertisements in their entirety for one year after its

dissemination. A member shall be held personally responsible for any

violation of the Code of Ethics incurred by a public relations,

advertising or similar firm which he or she retains, or any entity

that advertises on the

member's behalf. (9/93), (10/99)

© A member may use photographs of models in his or her

advertisements. If photographs of models who have not received the

services advertised are displayed in a manner that would suggest the

model received the services advertised, the advertisement shall

clearly and noticeably state that the model has not received the

advertised services. (10/99)

III. Solicitation

(A) Solicitation means in-person communication to specific

individuals to attract them as patients.

( A member shall refrain from engaging in systematic verbal

solicitation of patients in person, by telephone, or through agents.

© A member shall not initiate contact with a prospective patient

knowing that the physical, emotional, or mental state or degree of

education of the person solicited is such that the person could not

exercise reasonable judgment in employing a plastic surgeon.

(D) A member who has given unsolicited, in-person advice to a

layperson that the individual should have medical or health care

shall not accept employment resulting from that advice if:

1. The advice embodies or implies a statement or claim that is

false, fraudulent, deceptive or misleading within the meaning of

Article I, Section G.

2. The advice involves the use by the member of undue influence,

coercion, duress, harassment, intimidation, unwarranted promises of

benefits, over-persuasion, overreaching, or pressure for immediate

response.

3. The member has been given notice that the individual non-patient

does not want to receive communication from the member.

IV. Expert Testimony (11/96)

It is in the public interest that medical expert testimony be

readily available, objective and unbiased. Members have an

obligation to testify as expert witnesses when appropriate. However,

members may not accept compensation contingent upon the outcome of

the litigation. Members whose testimony, including testimony as to

credentials or qualifications, is false, deceptive, or misleading

may be subject to disciplinary action, including expulsion. Further

to help limit false, deceptive and/or misleading testimony, members

serving as expert witnesses must:

1. Have recent and substantive experience in the area in which they

testify, including, without limitation, experience in the relevant

subspecialty or the particular procedure performed on the plaintiff;

2. Thoroughly review the medical facts and testify to their content

fairly, honestly and impartially,

3. Be familiar with the standards of practice prevailing at the time

of the occurrence,

4. Provide evidence-based testimony regarding the standard of care,

citing peer-reviewed plastic surgery literature where possible and

identifying personal opinion as such;

5. Demonstrate (or be prepared to demonstrate) a causal relationship

between an alleged substandard practice and a medical outcome;

6. Neither condemn performance that clearly falls within the

standard of care in the community nor endorse or condone performance

that clearly falls outside of such standard of care; and

7. Not testify that a maloccurence is malpractice.

V. Conflicts of Interest

A physician's clinical judgment and practice must not be affected by

economic interest in, commitment to, or benefit from professionally

related commercial enterprises or other actual or potential

conflicts of interest. Disclosure of professionally-related

commercial interests and any other interests that may influence

clinical decision-making is required in communications to patients,

the public, and colleagues. When a physician's interest conflicts so

greatly with the patient's interest as to be incompatible, the

physician should make alternative arrangements for the care of the

patient.

In the context of physician ownership interest in a commercial

venture, the physician has an obligation to disclose the ownership

interest to the patient or referring colleagues prior to

utilization; the physician's activities must be in strict

conformance with the law; and the patient should have free choice to

use the physician's facility or therapy or to seek the needed

services elsewhere.

VI. Enforcement

Any member charged with a violation of any ethical standard set

forth herein may be subject to disciplinary measures, including

censure, suspension or expulsion, as described in Article XVIII of

the Society's Bylaws.

VII. Glossary* (10/99)

For purposes of this Code and unless the context otherwise requires,

A. " Material fact " is one of which a member of the public ought to

reasonably be informed of before selecting a qualified plastic

surgeon.

B. " Private communication " includes any information, written or

otherwise, that is disseminated by a physician and not made known to

the general public.

C. " Procedure " includes any medical service that requires a primary

consultation on the part of a physician, and an informed consent on

the part of a patient.

D. " Public communication " includes any information transmitted

orally, in writing, or through electronic media, the primary purpose

of which is to notify the public, including a segment thereof, or a

person, of the availability of a member or any other health care

provider affiliated

with a member or his organization, to practice medicine.

E. " Public communications media " includes, but is not limited to,

television, radio, motion picture, computer bulletin boards,

Internet web pages, telephone, telegram, letter, handbill, circular,

newspaper, magazine, book, list, directory, business card,

professional announcement card, office sign, letterhead, telephone

directory listing or professional notice.

F. " Recent and substantive experience " means that the member is

familiar with the practice of plastic surgery and the particular

procedure performed at the time of the occurrence that is the

subject of legal action and was engaged in the practice of plastic

surgery for a period of not less than three years prior to the date

of the occurrence.

G. " Solicitation " is an in-person communication to a specific

individual to attract him or her as a patient.

STATEMENT OF PRINCIPLE OF INFORMED CONSENT

The American Society of Plastic Surgeons recognizes the physician-

patient relationship as one of shared decision-making. Through a

process of communication and dialogue the physician provides

information that allows a patient and/or the patient's authorized

representative to make individual choices about his or her medical

treatment.

Shared decision-making is at the heart of the doctor-patient

relationship and is based on the ethical principles of respect for

individual autonomy and dignity.

The process by which physicians and patients make decisions together

is informed consent. For any surgical operation or treatment,

relevant information must be provided, discussed, and understood by

the patient and/or the patient's authorized representative. Relevant

information for proper informed consent for any procedure may

include:

• Nature of the surgery or treatment

• Indications for the operation

• Expected benefits

• Consequences and side effects of the operation

• Potential risks and adverse outcomes with their probability and

severity

• Alternatives to the procedure being considered, and their

benefits, risks, and consequences

• Outcome anticipated

The patient and/or the patient's legally authorized representative

(s) should sign a written consent form before any surgical

procedures are performed.