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NIELS
H. LAUERSEN is now out of prison.
Recently; I have heard from the countless victims left behind.
Their lives permanently ruined; their futures in shambles
as Niels Lauersen pretends he is still a licensed doctor allowed
to practice medicine or fighting to regain his license. Any
licensed doctor who has been convicted of a felony whether
city, state or federal is NOT ALLOWED TO EVER PRACTICE MEDICINE
IN THE STATE OF NEW YORK (1).
The
real question is will his family and the Danish government
give him the help he so badly needs. The answer is now apparent.
As
you will see as you read through his letters of
September 2005; he still considers himself a doctor.
This is very sad because his license was permanently removed
in August 2000 by the state of New York. He has no other license
to practice medicine anywhere else in the world.
Their
were so many positive courses of action he could have choosen.
Niels Lauersen could have voluntarily paid the restitution
he owes the United States government. Niels Lauersen could
have returned his former patients medical records to all those
who have been requesting them over the last 5 years.
He
could have set a positive example for other doctors by lecturing
on How and Why Not To Commit Insurance Fraud and the ramifications
of these activities. There are so many positive things he
still can do; that this failure to particpate in any of them
is inappropriate.
To
state in the New York Times; ""I
could give you a baby," Niels H. Lauersen told a 50-ish
woman sitting in the Boathouse Cafe in Central Park, a line
he has used to charm thousands of anxious women over the years."
is out of place. How can a man who once was a great medical
doctor; who can never regain his right to practice medicine,
make such a claim.
Readers
need to understand that for all the good he did at one time;
he has done damage to many; who will never recover. The question
one must ask is why?
Any
independent reader and observer must ask themselves why does
Niels Lauersen believe he is still a doctor? Why does he create
make believe work such as writing letters to the CEO of Merck
& Co.? Is this behavior realistic? In order to understand
this better one needs to read his background information.
NIELS
H. LAUERSEN, M.D., Ph.D. was
a fertility specialist and the author of more than a hundred
scientific papers as well as seven best-selling woman's
health care books. He was the founding member of the New York
Society for Reproductive Medicine, a fellow of the American
Fertility Society, and a member of the American Board of Obstertricians
and Gynecologists. He also was the medical director of The
New York Medical Service for Reproductive Medicine, a private
fertility clinic in New York City. Today
he is a Criminal Felon.
Dr.
Lauersen's goal was to make the HEALTH CARE system work for
all women. He was a world-renowned OB-GYN, with a formerly
successful Park Avenue fertility clinic. Dr. Lauersen throughout
his professional career was always available to his patients
on 24 hours a day. His
mission was to make women's health care available to all women
of all income levels.
Many
insurance companies don't cover IVF and other fertility treatments.
Dr. Lauersen worked around this barrier by providing
complete diagnostic care to his patients. Thirteen
states cover
IVF and other fertility treatments. Many insurance companies
did cover IVF for several years and then cancelled this contractual
provision.Many times Dr. Lauersen provided free gynecological
treatments that were not covered by insurance. Any reimbursements
he received from these private companies did not cover the
staggering cost of the infertility drugs he dispensed, much
less the full fees he could have realized by limiting his
practice to those with cash; as many fertility doctors do.
Dr.
Lauersen stood up to the insurance carriers who refused to
abide by both federal and state mandated legislation.
Dr.
Lauersen ended up in prison as a result of the combined
targeting of Federal, State Insurance Commission and Carrier
investigators. Was it valid?
Last
month I would have answered No; but knowing what I do today;
my answer is that considering the fact that I have been defrauded;
I must answer yes !
The
person I knew as Niels Lauesen no longer exists. To quote
Peter Lusk; "Camelot is gone; the
king is gone; the court exists no more and never will again."
Education
Law
Article 131-A
(1)
§6530. Definitions of professional misconduct.
Each of the
following is professional misconduct, and any licensee found
guilty of such misconduct under the procedures prescribed
in section two hundred thirty of the public health law shall
be subject to penalties as prescribed in section two hundred
thirty-a of the public health law except that the charges
may be dismissed in the interest of justice:
1. Obtaining
the license fraudulently;
2. Practicing the profession fraudulently or beyond its authorized
scope;
3. Practicing the profession with negligence on more than
one occasion;
4. Practicing the profession with gross negligence on a particular
occasion;
5. Practicing the profession with incompetence on more than
one occasion;
6. Practicing the profession with gross incompetence;
7. Practicing the profession while impaired by alcohol, drugs,
physical disability, or mental disability;
8. Being a habitual abuser of alcohol, or being dependent
on or a habitual user of narcotics, barbiturates, amphetamines,
hallucinogens, or other drugs having similar effects, except
for a licensee who is maintained on an approved therapeutic
regimen which does not impair the ability to practice, or
having a psychiatric condition which impairs the licensee's
ability to practice;
9. (a) Being convicted of committing
an act constituting a crime under:
1. New York state law or,
2. federal law or,
3. the law of another jurisdiction and which, if committed
within this state, would have constituted a crime under New
York state law;
(b) Having been found guilty of improper professional practice
or professional misconduct by a duly authorized professional
disciplinary agency of another state where the conduct upon
which the finding was based would, if committed in New York
state, constitute professional misconduct under the laws of
New York state;
(c) Having been found guilty in an adjudicatory proceeding
of violating a state or federal statute or regulation, pursuant
to a final decision or determination, and when no appeal is
pending, or after resolution of the proceeding by stipulation
or agreement, and when the violation would constitute professional
misconduct pursuant to this section;
(d) Having his or her license to practice medicine revoked,
suspended or having other disciplinary action taken, or having
his or her application for a license refused, revoked or suspended
or having voluntarily or otherwise surrendered his or her
license after a disciplinary action was instituted by a duly
authorized professional disciplinary agency of another state,
where the conduct resulting in the revocation, suspension
or other disciplinary action involving the license or refusal,
revocation or suspension of an application for a license or
the surrender of the license would, if committed in New York
state, constitute professional misconduct under the laws of
New York state;
(e) Having been found by the commissioner of health to be
in violation of article thirty-three of the public health
law;
10. Refusing to provide professional service to a person because
of such person's race, creed, color or national origin;
11. Permitting, aiding or abetting an unlicensed person to
perform activities requiring a license;
12. Practicing the profession while the license is suspended
or inactive as defined in subdivision thirteen of section
two hundred thirty of the public health law, or willfully
failing to register or notify the department of education
of any change of name or mailing address, or, if a professional
service corporation, willfully failing to comply with sections
fifteen hundred three and fifteen hundred fourteen of the
business corporation law or, if a university faculty practice
corporation wilfully failing to comply with paragraphs (b),
(c) and (d) of section fifteen hundred three and section fifteen
hundred fourteen of the business corporation law;
13. A willful violation by a licensee of subdivision eleven
of section two hundred thirty of the public health law;
14. A violation of section twenty-eight hundred three-d or
twentyeight hundred five-k of the public health law; or
15. Failure to comply with an order issued pursuant to subdivision
seven, paragraph (a) of subdivision ten, and subdivision seventeen
of section two hundred thirty of the public health law;
16. A willful or grossly negligent failure to comply with
substantial provisions of federal, state, or local laws, rules,
or regulations governing the practice of medicine;
17. Exercising undue influence on the patient, including the
promotion of the sale of services, goods, appliances, or drugs
in such manner as to exploit the patient for the financial
gain of the licensee or of a third party;
18. Directly or indirectly offering, giving, soliciting, or
receiving or agreeing to receive, any fee or other consideration
to or from a third party for the referral of a patient or
in connection with the performance of professional services;
19. Permitting any person to share in the fees for professional
services, other than: a partner, employee, associate in a
professional firm or corporation, professional subcontractor
or consultant authorized to practice medicine, or a legally
authorized trainee practicing under the supervision of a licensee.
This prohibition shall include any arrangement or agreement
whereby the amount received in payment for furnishing space,
facilities, equipment or personnel services used by a licensee
constitutes a percentage of, or is otherwise dependent upon,
the income or receipts of the licensee from such practice,
except as otherwise provided by law with respect to a facility
licensed pursuant to article twenty-eight of the public health
law or article thirteen of the mental hygiene law;
20. Conduct in the practice of medicine which evidences moral
unfitness to practice medicine;
21. Willfully making or filing a false report, or failing
to file a report required by law or by the department of health
or the education department, or willfully impeding or obstructing
such filing, or inducing another person to do so;
22. Failing to make available to a patient, upon request,
copies of documents in the possession or under the control
of the licensee which have been prepared for and paid for
by the patient or client;
23. Revealing of personally identifiable facts, data, or information
obtained in a professional capacity without the prior consent
of the patient, except as authorized or required by law;
24. Practicing or offering to practice beyond the scope permitted
by law, or accepting and performing professional responsibilities
which the licensee knows or has reason to know that he or
she is not competent to perform, or performing without adequate
supervision professional services which the licensee is authorized
to perform only under the supervision of a licensed professional,
except in an emergency situation where a person's life or
health is in danger;
25. Delegating professional responsibilities to a person when
the licensee delegating such responsibilities knows or has
reason to know that such person is not qualified, by training,
by experience, or by licensure, to perform them;
25-a. With
respect to any non-emergency treatment, procedure or surgery
which is expected to involve local or general anesthesia,
failing to disclose to the patient the identities of all physicians,
except medical residents in certified training programs, podiatrists
and dentists, reasonably anticipated to be actively involved
in such treatment, procedure or surgery and to obtain such
patient's informed consent to said practitioners' participation;
26. Performing
professional services which have not been duly authorized
by the patient or his or her legal representative;
27. Advertising or soliciting for patronage
that is not in the public interest.
1. Advertising
or soliciting not in the public interest shall include, but
not be limited to, advertising or soliciting that:
1. is false, fraudulent, deceptive,
misleading, sensational, or flamboyant;
2. represents intimidation or undue pressure;
3. uses testimonials;
4. guarantees any service;
5. makes any claim relating to professional services or products
or the costs or price therefor which cannot be substantiated
by the licensee, who shall have the burden of proof;
6. makes claims of professional superiority which cannot be
substantiated by the licensee, who shall have the burden of
proof; or
7. offers bonuses or inducements in any form other than a
discount or reduction in an established fee or price for a
professional service or product.
2. The following shall be deemed appropriate means of informing
the public of the availability of professional services:
1. informational advertising not contrary to the foregoing
prohibitions; and
2. the advertising in a newspaper, periodical or professional
directory or on radio or television of fixed prices, or a
stated range of prices, for specified routine professional
services, provided that if there is an additional charge for
related services which are an integral part of the overall
service being provided by the licensee, the advertisement
shall so state, and provided further that the advertisement
indicates the period of time for which the advertised prices
shall be in effect.
1. All licensees placing advertisements shall maintain, or
cause to be maintained, an exact copy of each advertisement,
transcript, tape or video tape thereof as appropriate for
the medium used, for a period of one year after its last appearance.
This copy shall be made available for inspection upon demand
of the department of health;
2. A licensee shall not compensate or give anything of value
to representatives of the press, radio, television or other
communications media in anticipation of or in return for professional
publicity in a news item;
4. No demonstrations, dramatizations or other portrayals of
professional practice shall be permitted in advertising on
radio or television;
28. Failing to respond within thirty days to written communications
from the department of health and to make available any relevant
records with respect to an inquiry or complaint about the
licensee's professional misconduct. The period of thirty days
shall commence on the date when such communication was delivered
personally to the licensee. If the communication is sent from
the department of health by registered or certified mail,
with return receipt requested, to the address appearing in
the last registration, the period of thirty days shall commence
on the date of delivery to the licensee, as indicated by the
return receipt;
29. Violating any term of probation or condition or limitation
imposed on the licensee pursuant to section two hundred thirty
of the public health law;
30. Abandoning or neglecting a patient under and in need of
immediate professional care, without making reasonable arrangements
for the continuation of such care, or abandoning a professional
employment by a group practice, hospital, clinic or other
health care facility, without reasonable notice and under
circumstances which seriously impair the delivery of professional
care to patients or clients;
31. Willfully harassing, abusing, or intimidating a patient
either physically or verbally;
32. Failing to maintain a record for each patient which accurately
reflects the evaluation and treatment of the patient, provided,
however, that a physician who transfers an original mammogram
to a medical institution, or to a physician or health care
provider of the patient, or to the patient directly, as otherwise
provided by law, shall have no obligation under this section
to maintain the original or a copy thereof. Unless otherwise
provided by law, all patient records must be retained for
at least six years. Obstetrical records and records of minor
patients must be retained for at least six years, and until
one year after the minor patient reaches the age of eighteen
years;
33. Failing to exercise appropriate supervision over persons
who are authorized to practice only under the supervision
of the licensee;
34. Guaranteeing that satisfaction or a cure will result from
the performance of professional services;
35. Ordering of excessive tests, treatment, or use of treatment
facilities not warranted by the condition of the patient;
36. Claiming or using any secret or special method of treatment
which the licensee refused to divulge to the department of
health;
37. Failing to wear an identifying badge, which shall be conspicuously
displayed and legible, indicating the practitioner's name
and professional title authorized pursuant to this chapter,
while practicing as an employee or operator of a hospital,
clinic, group practice or multiprofessional facility, or at
a commercial establishment offering health services to the
public;
38. Entering into an arrangement or agreement with a pharmacy
for the compounding and/or dispensing of coded or specially
marked prescriptions;
39. With respect to all professional practices conducted under
an assumed name, other than facilities licensed pursuant to
article twenty-eight of the public health law or article thirteen
of the mental hygiene law, failing to post conspicuously at
the site of such practice the name and licensure field of
all of the principal professional licensees engaged in the
practice at that site (i.e., principal partners, officers
or principal shareholders);
40. Failing to provide access by qualified persons to patient
information in accordance with the standards set forth in
section eighteen of the public health law as added by chapter
497 of the laws of 1986;
41. Knowingly or willfully performing a complete or partial
autopsy on a deceased person without lawful authority;
42. Failing to comply with a signed agreement to practice
medicine in New York state in an area designated by the commissioner
of education as having a shortage of physicians or refusing
to repay medical education costs in lieu of such required
service, or failing to comply with any provision of a written
agreement with the state or any municipality within which
the licensee has agreed to provide medical service, or refusing
to repay funds in lieu of such service as consideration of
awards made by the state or any municipality thereof for his
or her professional education in medicine, or failing to comply
with any agreement entered into to aid his or her medical
education;
43. Failing to complete forms or reports required for the
reimbursement of a patient by a third party. Reasonable fees
may be charged for such forms or reports, but prior payment
for the professional services to which such forms or reports
relate may not be required as a condition for making such
forms or reports available;
44. In the practice of psychiatry, (a) any physical contact
of a sexual nature between licensee and patient except the
use of films and/or other audiovisual aids with individuals
or groups in the development of appropriate responses to overcome
sexual dysfunction and (b) in therapy groups, activities which
promote explicit physical sexual contact between group members
during sessions; and
45. In the practice of ophthalmology, failing to provide a
patient, upon request, with the patient's prescription including
the name, address, and signature of the prescriber and the
date of the prescription.
46. A violation of section two hundred thirty-eight of the
public health law by a professional other than a professional
subject to the provisions of paragraph (f) of subdivision
one of section twenty-eight hundred five-k of the public health
law.
47. Failure to use scientifically accepted barrier precautions
and infection control practices as established by the department
of health pursuant to section two hundred thirty-a of the
public health law.
§6531.
Additional definition of professional misconduct, limited
application.
Notwithstanding
any inconsistent provision of this article or any other provisions
of law to the contrary, the license or registration of a person
subject to the provisions of this article and article one
hundred thirty-one-B of this chapter may be revoked, suspended,
or annulled or such person may be subject to any other penalty
provided in section two hundred thirty-a of the public health
law in accordance with the provisions and procedures of this
article for the following:
That any
person subject to the above-enumerated articles has directly
or indirectly requested, received or participated in the division,
transference, assignment, rebate, splitting, or refunding
of a fee for, or has directly requested, received or profited
by means of a credit or other valuable consideration as a
commission, discount or gratuity, in connection with the furnishing
of professional care or service, including x-ray examination
and treatment, or for or in connection with the sale, rental,
supplying, or furnishing of clinical laboratory services or
supplies, x-ray laboratory services or supplies, inhalation
therapy service or equipment, ambulance service, hospital
or medical supplies, physiotherapy or other therapeutic service
or equipment, artificial limbs, teeth or eyes, orthopedic
or surgical appliances or supplies, optical appliances, supplies,
or equipment, devices for aid of hearing, drugs, medication,
or medical supplies, or any other goods, services, or supplies
prescribed for medical diagnosis, care, or treatment under
this chapter, except payment, not to exceed thirty-three and
one-third percent of any fee received for x-ray examination,
diagnosis, or treatment, to any hospital furnishing facilities
for such examination, diagnosis, or treatment. Nothing contained
in this section shall prohibit such persons from practicing
as partners, in groups or as a professional corporation or
as a university faculty practice corporation, nor from pooling
fees and moneys received, either by the partnerships, professional
corporations, or university faculty practice corporations
or groups by the individual members thereof, for professional
services furnished by an individual professional member, or
employee of such partnership, corporation, or group, nor shall
the professionals constituting the partnerships, corporations
or groups be prohibited from sharing, dividing, or apportioning
the fees and moneys received by them or by the partnership,
corporation, or group in accordance with a partnership or
other agreement; provided that no such practice as partners,
corporations, or groups, or pooling of fees or moneys received
or shared, division or apportionment of fees shall be permitted
with respect to and treatment under the workers' compensation
law. Nothing contained in this chapter shall prohibit a corporation
licensed pursuant to article forty-three of the insurance
law pursuant to its contract with the subscribed from prorationing
a medical or dental expenses indemnity allowance among two
or more professionals in proportion to the services rendered
by each such professional at the request of the subscriber,
provided that prior to payment thereof such professionals
shall submit both to the corporation licensed pursuant to
article forty-three of the insurance law and to the subscriber
statements itemizing the services rendered by each such professional
and the charges therefor.
§6532.
Enforcement, administration and interpretation of this article.
The board
of professional medical conduct and the department of health
shall enforce, administer and interpret this article. Before
issuing a declaratory ruling pursuant to section two hundred
four of the state administrative procedure act with respect
to this article, the department of health shall fully consult
with the department of education. Neither the commissioner
of education, the board of regents nor the commissioner of
health may promulgate any rules or regulations concerning
this article.
Seal of the State Education Department
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