New York Action Alert 10-01-01

xmlns:o="urn:schemas-microsoft-com:office:office" xmlns:w="urn:schemas-microsoft-com:office:word" xmlns="http://www.w3.org/TR/REC-html40"> New York Action Alert 10-01-01

Hi Activists,

 

I am sad to report that Dr.Serafina Corsello,MD has received a decision from OPMC revoking her license. The decision relied SOLELY on failure of her lawyer to file a timely response to the charges. This reliance on the rigid technical reading of the Statute of Limitations may have been consciously caused by OPMC conduct. The original attorney in the case was replaced and the reasons surrounding that change bring to mind a similar early change of attorneys in the case of Dr.Jennifer Daniels. In the Daniels case, the first attorney was explicitly threatened by OPMC with being reported to the Legal Licensing Authorities and being fined for bringing a frivolous action, if she persisted in bringing an action. In the Corsello Case the state appeared to schedule a hearing prior to the issuance of the specific charges being presented to the Doctor. IN BOTH CASES THE STATUTE OF LIMITATIONS was the basis for decisions unfavorable to the doctors. I do not have the details of the early contacts of the attorney in the Corsello case at this time. but it does appear to be a pattern of conduct, somehow deliberately causing delay beyond the date the statute prescribed. This way the State never has to even deal with the substantive charges. By not filing a timely response, the doctor is DEEMED TO ADMIT the charges as true!!

 

Doctor Corsello is appealing. In the meantime I was at a meeting in which we are planning a series of actions to potest this abuse of power by OPMC. Letters to the Governor will be drafted for you to send in a future Email. The Foundation for Advancement in Innovative Medicine (FAIM), the organization of Holistic Doctors in New York State is proposing legislation to more specifically spell out the due process procedural rights of doctors and probably more important provide for earlier pre-hearing conferences to hopefully resolve these issues before they gain the bureaucratic momentum that turns these cases into unduly adversarial proceedings. This legislation appears to have substantial support in the NYS Assembly. The NYS Senate is not as receptive. The Senate is controlled by the Republicans. It is EXTREMELY important if you live in New York State to contact your State Senator now and ask him to support reform of the Office of Professional Medical Conduct(OPMC). A bill will be introduced in January of Next year, but it is important to start building State Senate Support now. If you are represented by a Republican State Senator, it is especially important. Republican Senators in New York City are Senator Roy Goodman reoresenting the East Side of Manhattan south of 96th Street to 14th Street. Senator Goodman is extremely influential in the Republican Party. Senator Guy Velella represents the Nortwest Bronx. He represents Northern Riverdale East of Riverdale Avenue and North of 245th Street runnung East to White Plains Road. His district comes down to Van Cortlanft Park South down to Mosholu Parkway. In Queens Senator Frank Padavan represents northen queens in Whiteside running into parts of Nassau County. Senator Serphin Maltese represents Richmond Hill and Glendale. On Staten Island Senator John Marchi represents most of the borough West of Victory Boulevard running South to Richmond Road.  

 

Senator Kemp Hannon of Nassau County is the Chairman of the Health Committee.

 

The best legislative measures cannot have the desired effect without the political will to assure the OPMC stop trying to go after alternative medical doctors the way they have in recent years.   

 

I will be sending more detailed information on this effort.

                   

Arnold Gore

Consumers Health Freedom Coalition