Tincup
Honored Contributor (10K+ posts)
Member # 5829
posted
NY's attempt to pass bills protecting doctors and giving people a CHOICE (called patient's rights) is moving along, BUT it needs YOUR help! And time is running out.
If you live in NY please go to www.AmericanLyme.org and see alert for NY Residents. Please do what you can.
If NOT a NY resident there are still thinks you can do.
1.) Tweet, face book, email those you know in/around NY and ask them to send NY residents to the website to take action. [Most of the people working on these bills are old fuddy duddy's who don't do modern social media, so this really will help.] ~smile~
2.) If you had a NY doctor at some point, why not write the NY newspapers a short Letter to the Editor? Here is a link to papers. Pick one, any one. Tell them what you think!
Here is a sampling of what could be said in YOUR letter.... in YOUR words of course.
My family had to go to NY to find a doctor who knew how to diagnose and treat Lyme disease because in ______ (your state) there weren't any.
Patients world wide still depend on the NY doctors to educate others, properly treat people and bring desperately sick patients to a point of wellness.
Three decades of using the same unproven treatment protocols that didn't work then and don't work now is senseless. We deserve better.
The current treatment guidelines preferred by insurers due to the cost savings are not based on solid science, and they were designed by those shown to have major conflicts of interest. The guidelines restrict more than they allow with no basis provided for the restrictions.
Patients with Lyme should have the same rights as any other person and be able, with their doctors, to chose the best and up-to-date protocols available.
Thirty years of suppression is enough! People want and deserve choices. They want/need to get well.
This bill helps everyone and hurts no one.
Please go to www.AmericanLyme.org and send legislators an automated letter with YOUR comments.
Many thanks!!! Let's hope the bill passes and then other states can maybe follow suit??
posted
Thanks a lot for this post! I sent the link to several friends and family members.
-------------------- Son, 26, Dx Lyme 4/10, Babs 8/10 Had serious arthritis, all gone. Currently on Valtrex Daughter, 26,bullseye 7/11 arthritis in knees, cured and off all meds. . Self:Lyme, bart, sxs gone, no longer treating. Posts: 496 | From Washington, DC | Registered: Jul 2010
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Tincup
Honored Contributor (10K+ posts)
Member # 5829
posted
YES! Thanks Marypart! Exactly what we need! If you hear back it would be nice to know, IF you have time!
And if I may... the top priority is, according to the bosses, is to have that letter sent by all NY residents.
I know there are more people in NY than have completed the form letters, so if we can encourage everyone to assist, all help will be appreciated!
poppy
Frequent Contributor (1K+ posts)
Member # 5355
posted
up for more help
time is running out
Posts: 2888 | From USA | Registered: Mar 2004
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Tincup
Honored Contributor (10K+ posts)
Member # 5829
posted
News- June 19, 2014
From Senator Terry Gipson
Dear Friend,
I have been so inspired by how many of you have taken action to help reach our shared goal of passing legislation in the State Senate to help those suffering from Lyme and tick-borne illness. Thank you.
I’m proud to tell you that last evening, the State Senate passed legislation (S.7854) that I co-sponsored which will protect doctors who treat patients with chronic Lyme disease and other tick-borne illnesses.
During my first term, advocating for those suffering from Lyme disease and tick-borne illness has been one of my most important causes. I have met with families across the Hudson Valley and have heard from individuals throughout the state who are living with the devastating effects of these diseases.
For far too long, those suffering from Lyme and tick-borne illness have not had the patients’ rights that they deserve. The State Senate has finally listened to your voices and has come together to pass this important legislation that will help thousands of New Yorkers.
This bill must now be passed in the Assembly and signed by Governor Cuomo to become law. It is my hope that this legislation will be the necessary stepping-stone for New York State to take further action and require health insurers to provide coverage for the long-term medical care of Lyme disease and tick-borne illnesses. I remain committed to fighting on behalf of those suffering from Lyme and tick-borne illness and their families. Our work is not done and it’s crucial that we continue to do everything in our power to address this serious health crisis.
Sincerely,
Terry Gipson New York State Senator, 41st District
P.S. Please "LIKE" my page on Facebook to stay connected on our work ahead.
Albany Office: 617 Legislative Office Building Albany, New York 12247 518-455-2303 District Office: 3 Neptune Road, Suite A19B Poughkeepsie, New York 12601 845-463-0840
Tincup
Honored Contributor (10K+ posts)
Member # 5829
posted
The bill is not the same as the original. It more mirrors this Memorandum.
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:
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 Joseph 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 Joel Miller 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. Brian 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. Brian Fallon. Jill Auerbach deserves special recognition for her role in the meeting process.
Thanks to Monica Miller of FAIM, who, working independently, consistently provided invaluable direction to the Lyme disease effort. Also thanks to Richard 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 Smith President LDA
Ellen Lubarsky Voices of Lyme/NY Lyme __________________
Pat Smith, President Lyme Disease Association, Inc. PO Box 1438 Jackson, NJ 08527 888-366-6611 information line 732 938-7215 fax
Tincup
Honored Contributor (10K+ posts)
Member # 5829
posted
** NEW BILL WORDING **
(Based on 2005 Memorandum)
Introduced by Sen. HANNON -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the public health law, in relation to the identification, charging, reporting and investigation of charges of professional misconduct by health care professionals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 230 of the public health law is amended by adding a new subdivision 9-b to read as follows:
9-B. NEITHER THE BOARD FOR PROFESSIONAL MEDICAL CONDUCT NOR THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT SHALL IDENTIFY, CHARGE, OR CAUSE A REPORT MADE TO THE DIRECTOR OF SUCH OFFICE TO BE INVESTIGATED BASED SOLELY UPON THE RECOMMENDATION OR PROVISION OF A TREATMENT MODALITY BY A LICENSEE THAT IS NOT UNIVERSALLY ACCEPTED BY THE MEDICAL PROFESSION, INCLUDING BUT NOT LIMITED TO, VARYING MODALITIES USED IN THE TREATMENT OF LYME DISEASE AND OTHER TICK-BORNE DISEASES.
AS USED IN THIS SUBDIVISION THE TERM "LICENSEE" SHALL MEAN A PHYSICIAN, PHYSICIAN'S ASSISTANT, AND SPECIALIST'S ASSISTANT.
WHEN A LICENSEE, ACTING IN ACCORDANCE WITH PARAGRAPH E OF SUBDIVISION FOUR OF SECTION SIXTY-FIVE HUNDRED TWENTY-SEVEN OF THE EDUCATION LAW, RECOMMENDS OR PROVIDES A TREATMENT MODALITY THAT EFFECTIVELY TREATS HUMAN DISEASE, PAIN, INJURY, DEFORMITY OR PHYSICAL CONDITION, THE RECOMMENDATION OR PROVISION OF THAT MODALITY SHALL NOT, BY ITSELF, CONSTITUTE PROFESSIONAL MISCONDUCT.
THIS PROHIBITION SHALL NOT EXONERATE SUCH LICENSEE FROM OTHERWISE APPLICABLE PROFESSIONAL REQUIREMENTS.
Tincup
Honored Contributor (10K+ posts)
Member # 5829
posted
The new bill by Senator Hannon (above) basically removes the definitions and the wording approving a clinical diagnosis and long-term treatment and follows the Memorandum from 2005.
Too bad Senator Hannon didn't do this in 2005. It would have helped with the LLMD's in NY who have been crushed by the OPMC (medical board) over the past NINE years ...
And would have opened up other doctors to treat without threats from the IDiots, and would have allowed countless patients to receive needed treatment.
SENATOR GIPSON'S BILL
S 230-E. DIAGNOSIS AND TREATMENT OF LYME DISEASE. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "LYME DISEASE" MEANS THE PROFESSIONAL CLINICAL DIAGNOSIS OF THE PRESENCE IN A PATIENT OF SIGNS AND SYMPTOMS COMPATIBLE WITH ACUTE INFECTION WITH BORRELIA BURGDORFERI, OR WITH LATE STAGE OR CHRONIC INFECTION WITH BORRELIA BURGDORFERI, OR WITH COMPLICATIONS RELATED TO SUCH AN INFECTION. "LYME DISEASE" INCLUDES INFECTION WHICH MEETS THE SURVEILLANCE CRITERIA SET FORTH BY THE US CENTERS FOR DISEASE CONTROL AND PREVENTION (CDC), BUT ALSO INCLUDES OTHER ACUTE AND CHRONIC MANIFESTATIONS OF SUCH AN INFECTION AS DETERMINED BY A DIAGNOSING HEALTH CARE PROFESSIONAL.
16 (B) "LONG TERM ANTIBIOTIC THERAPY" MEANS ADMINISTRATION OF ORAL, INTRAMUSCULAR OR INTRAVENOUS ANTIBIOTICS, SINGLY OR IN COMBINATION, FOR PERIODS OF GREATER THAN FOUR WEEKS.
19 (C) "HEALTH CARE PROFESSIONAL" MEANS A HEALTH CARE PROFESSIONAL AUTHORIZED TO PRACTICE UNDER TITLE EIGHT OF THE EDUCATION LAW, ACTING WITHIN THE LAWFUL SCOPE OF HIS OR HER PRACTICE.
22 2. A HEALTH CARE PROFESSIONAL MAY PRESCRIBE, ADMINISTER, OR DISPENSE ANTIBIOTIC THERAPY TO A PATIENT IN ORDER TO ELIMINATE SUCH INFECTION OR CONTROL A PATIENT'S SYMPTOMS UPON MAKING A CLINICAL DIAGNOSIS OF LYME DISEASE.
NO HEALTH CARE PROFESSIONAL SHALL BE SUBJECT TO PROFESSIONAL DISCIPLINE UNDER THIS ARTICLE OR TITLE EIGHT OF THE EDUCATION LAW FOR PRESCRIBING, ADMINISTERING OR DISPENSING LONG-TERM ANTIBIOTIC THERAPY OR OTHER CARE THAT THE HEALTH CARE PROFESSIONAL DETERMINES TO BE REASONABLE AND INTENDED TO BENEFIT A PATIENT CLINICALLY DIAGNOSED WITH LYME DISEASE.
31 S 3. This act shall take effect immediately and shall apply to any professional discipline matter or administrative or judicial review thereof pending on or after the date on which this act takes effect.
Tincup
Honored Contributor (10K+ posts)
Member # 5829
posted
Will post more updates, as available, here. Be sure to scoot down to the bottom of the page for updates- chronological order- because LOTS of actions have taken place in NY about Lyme in the past.
poppy
Frequent Contributor (1K+ posts)
Member # 5355
posted
Thanks for the news. Guess we will know if this works when they drop the cases against those NY docs.
Posts: 2888 | From USA | Registered: Mar 2004
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Catgirl
Frequent Contributor (5K+ posts)
Member # 31149
posted
Tincup, you rock! I am so glad I came over to activisim today. I love that you typed something easy for all of us to use. I just used it to get the amended bill passed. :)
-------------------- --Keep an open mind about everything. Also, remember to visit ACTIVISM (we can change things together). Posts: 5418 | From earth | Registered: Mar 2011
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Abxnomore
Frequent Contributor (5K+ posts)
Member # 18936
posted
I sure hope that everyone is contacting the governor to urge him to sign this bill into law. Anyone from any state can contact him. There is a drop down with every state listed.
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