Action is needed to save Dr. Joe Burrascano from the hostile forces of Lyme conservatism. A complaint has been filed against him to the New York State Department of Health, Office of Professional Medical Conduct (OPMC). He was interviewed on July 2. Patient files have been removed from his office and will be searched for evidence of "unprofessional conduct."
If you wish to help Dr. Burrascano and other LLMDs, it is important to act quickly. New York elected officials begin a MONTH-long break at the end of THIS week. This may be true of Federal officials as well, but this isn't clear. A massive outpouring of calls, faxes and letters is needed immediately.
The intention of the OPMC reporting law was to protect patients from unprofessional conduct by physicians (such as inappropriate use of medications and the like). Using the process to threaten, intimidate and restrict certain physicians (particularly LLMDs) is clearly politically motivated. By law, all complaints must be investigated, but the complainant is allowed to remain anonymous.
Since his 1993 testimony before the US Senate Labor and Human Resources Committee chaired by Senator Ted Kennedy, Dr Burrascano has been repeatedly subjected to investigations where files of his patients have been pulled and his diagnostic and treatment standards questioned.
So far he has always successfully defended himself, but of course not without substantial legal costs. There is no guarantee that he will be successful this time. But elected officials, if convinced of the injustice of the attack against him, might find a way to help him.
The stakes are high: He is one of our highest profile LLMDs. He publishes, in respected medical journals (e.g. Conn's Current Therapy), diagnostic and treatment guidelines that have opened the doors for many of us to receive the treatments that allow us to heal. He consults with many physicians with difficult-to-treat patients. He is the recipient of the Lyme Disease Resource Center's 1998 Distinguished Physician Award.
OTHER DOCTORS HAVE BEEN AND ARE BEING TARGETED
Numerous other Lyme doctors have been targeted and had licenses restricted by state medical boards. Others are currently facing charges. Significantly, allegations are generally not based on complaints from patients.
To the contrary, patients have jumped to the defense of their treating doctors. In one case (Natole, Mich.), when the State Medical Board overruled the judge who found no evidence of wrongdoing, restricted Natole's license and gave him a large fine for "overtreating and overdiagnosing Lyme disease," large numbers of Natole's patients showed up in court to support him. Many contributed money for his defense. Many doctors, unwilling to contend with harassment and intimidation by medical boards, have closed their doors to Lyme patients. This is a serious problem which patients must do everything they can to put a stop to, while we still have any LLMDs left.
We know of other doctors who have been targets of reprisals for their liberal approach to Lyme: Watky (CT), Brown (OR), Swami (PA), Pietrucha (NJ) and others. These political persecutions have a chilling effect on doctors' willingness and ability to accept Lyme patients.
WE NEED TO ACT NOW
A very large outpouring of letters, faxes, and calls to Senator Kennedy (who hosted the original Senate hearing) plus NY Senators Schumer and Moynihan and Governor Pataki could be helpful now, if done quickly.
Writers/callers might wish to protest the politically motivated, unfounded harassment of front-line Lyme physicians now taking place in various states. They may wish to express their opinions about whether scientific debates (like the proper diagnosis and treatment of Lyme disease) should be decided by scientists in open scientific forum or in secret proceedings alleging professional misconduct.
What is the danger of allowing the views of a minority of doctors to set the standard of care for Lyme disease? (NY State hires Raymond Dattwyler of SUNY Stonybrook to review such cases. Dr. Steere offered testimony in the Natole case.) Is there a conflict of interest when doctors testify against others who may be competing for patients or research funding?
OTHER ACTIONS
Support group leaders may wish to contact their members and encourage everyone to help. People don't need to live in New York to call or fax the NY senators, and patients (or other doctors) may wish to contact their own senators and representatives as well. New York Governor Pataki may be interested in hearing from people.
REMEMBER: The MONTH-long summer break for NY elected officials begins at the end of this week. If anyone wants to act, it must be immediately.
IDEAS ABOUT LETTERS: Has Dr. Burrascano helped you personally (either directly or through his published protocols, lectures, consults with treating doctors, etc)? Personal stories can be very powerful.
Brief letters are more likely to be read than long ones. Some of us will be posting sample letters (a bit on the long side). "Form" letters are much less effective than writing something about your own thoughts and feelings, but they may help you get started. Feel free to use whatever you want from them. We're posting additional issues you might want to raise in your communications under the subject heading "LLMDs under attack POINTS".
HOW YOU CAN CONTACT PEOPLE
Given the time limit, we suggest that you Call, Fax, and Write, in that order. Again, Summer Recess for these people starts at the end of this week and will last a month, so a letter may not arrive on time.
Senator Moynihan's office phone 202 224-4451; fax 202 228-3325
Senator Schumer's office phone 202 224-6542; fax 202 228-3027
Willy Burgdorfer said, "The bottom line is that the physician's responsibility is to help the patient feel better, whether or not s/he can affect a cure."
NJ pediatric neurologist Dorothy Pietrucha said that doctors who are willing to take on a difficult disease should be given some support, and should not have to operate with this cloud hanging over them.(from "Investigations create tension for Lyme Doctors" story in Lyme Times #11, 9/93)
All that is required for evil to flourish is for good people to do nothing.
If we do not act now, in great numbers, Dr. Burrascano may no longer be able to help us. And eventually we may have no LLMDs left.
Phyllis C. Mervine, EdM
President, Lyme
Disease Resource Center
Editor, the Lyme Times
