"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 www.LymeDiseaseAssociation.org

This is wonderful news!

Thanks so much for all of your hard work Miss Ellen, and thanks to all of the others mentioned above as well.

A very happy and grateful,
Melanie

When I am stronger I want to help.

quote:

---

Originally posted by ellenluba:

Dear Friends,�
�
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 www.LymeDiseaseAssociation.org

---

GREAT NEWS!! CONGRATULATIONS, your hard work, and dedication has paid off!!!
Thanks for all you've done!
lymeloco

The whole Lyme community owes you and Monica a huge debt of gratitude for all you two have done to bring this forward.

So these are the important parts.

1) We won

2)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."�

3) This is the result of the work of hundreds,probably thousands of patients, including so many of you from Lymenet.

4) WE GOTTA PLAN A BIG PARTY SOON!

All I know about you is what I have seen posted here at Lymenet and other boards, both by and about you.

You are an incredibly amazing human being. Thank you for all that you have done for the Lyme community.

Very grateful for all the hard work by LDA, the legislators, the other NY Lyme groups, and Dr. Fallon. I'm amazed.

Thank you, thank you, thank you!

wow! you are truly wonderful. Thank you for pulling us all together for phone calls and e-mails.

I must forward this news to my family and friends who made calls from all over the U.S.

Congratulations to everyone who participated in getting this done!

Thanks to all of you who have been making this happen.

After I rest a while I'll put out a list of people in the political arena to thank.

Now...we can get more docs educated and treating these TBDs...research to find a cure.....research to decrease TBDs....

Ellen, could you edit your original post as when you go to show " 's " ... those words didn't copy from your word processing correctly here...mine doesn't either when I do it! Thanks...would be easier to read.

quote:

---

Originally posted by ellenluba:
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."

---

It is so wonderful to hear some good news for a change.

Great news.

And not just for Ny-ers..

This is could set president for all state medical boards..and not just re: Lyme,
many diseases have excellent Docs offering specialized care to patients.

Zippety do da..

Maybe we can hope to see more Pediatricians in our future??

quote:

---

Originally posted by Martijn:
This thread does not belong in [b]Medical Questions.

[This message has been edited by Martijn (edited 30 June 2005).][/B]

---

It's a darn sight better than some of the stuff I've been reading here of late...

It belongs on all the boards....ring the bells
Take copies to your past ducks and present llmds or ducks so they can come out of hiding.

Take it to your local legislatures to get something started wherever you live.....

zman

quote:

---

Originally posted by lymie tony z:
I would say this belongs on the medical board as well as the rest because it has a calming effect on we lymies....

It's a darn sight better than some of the stuff I've been reading here of late...

It belongs on all the boards....ring the bells
Take copies to your past ducks and present llmds or ducks so they can come out of hiding.

Take it to your local legislatures to get something started wherever you live.....

zman

---

quote:

---

Originally posted by bettyg:
Ellen, thank you, Pat, and Monica for all your efforts in getting this done and all of us united for an email/phone/fax marathon.

Ellen, could you edit your original post as when you go to show " 's " ... those words didn't copy from your word processing correctly here...mine doesn't either when I do it! Thanks...would be easier to read.

bettyg ... up we go!

---