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Return-Path: jham@iahf.com
Errors-To: <jham@iahf.com>
X-Sender: jham@pop3.concentric.net
Date: Fri, 04 Sep 1998 06:47:41 -0400
To: jham@iahf.com
From: John Hammell <jham@iahf.com>
Subject: Landmark Legal Victory To Stop Attacks on Altmed Possible With
  Your Help

Distribution list:

WITH YOUR HELP we can bring about a LANDMARK COURT DECISION to stop attacks
against alternative practitioners who've been wrongfully charged with
"practicing medicine without a license" and this letter explains why!

Richard Tester is a nutritionist in New Jersey who has been under attack by
the NJ Division of Consumer Affairs which has grossly violated his rights,
as well as those of the terminally ill people who sought him out in private
association, as an adjunct to licensed health care, as is their right!

Tester's healing center was shut down, putting his clients at risk and some
have died. He is being wrongfully denied a chance to earn a living, is over
$400,000. in debt, and has just been granted a chance to take his case to
the State Supreme Court--- which means that after years of battling, he and
the complainants finally have a CHANCE to achieve justice- but his
financial situation will force him to act as his own legal counsel unless
he receives our donations!

Tester's case is important to all of us because if he wins, it will
establish a legal precedent that can be used nationwide to keep alternative
healers from wrongfully being charged with "practicing medicine without a
license". The fact is that Tester was NOT "practicing medicine". He was
merely providing terminally ill people with information that they could use
to stimulate their own immune systems. He wasn't holding himself out to be
a doctor, and he wasn't even advertising.

Please read Ralph Fucetola's urgent message below, and please help by
sending Richard a donation.
 
>Richard Tester
>c/o International Advocates for Health Freedom
>newlifecenter@usa.net
>
>09/04/98
>
>To All Concerned Internet Citizens:
>
> Nationwide Alternative Healing Legal Breakthrough Possible -- with
>Your Help!
>
> Your constitutional rights are being threatened!  Ask the
>legislators to investigate the illegal raid and persecution of
>alternative health practitioners by the NJ Division of Consumer
>Affairs.  Richard Tester's case against the Division is a landmark
>case dealing with a private association using alternative modalities
>to achieve optimal health and the Constitutional Right to Life which
>has never been heard in any court room in history in the field of
>health.

Richard Tester coordinated over 6,000 hours of research into
>the legal status of alternative modalities, generating over 300,000
>pages of data, much of which has never been brought together before.
>Thereby establishing extensive proof for the first time, on the legal,
> scientific and moral levels, that people in the alternative movement
>throughout the United States can use any alternative world-wide in
>conjunction with their alternative physician in a private association,
> legally, which might otherwise be illegal in public, under FDA
>political -- not
>scientific -- requirements which are based on false information, as
>explained in Exhibit SCt-8, the Politics of Medicine.

>The Supreme
>Court Petition, Supplemental Briefs and Exhibits will show that this
>case can be a major landmark decision that will open the door to the
>alternative health care system legally, for the first time in history,
> and will stop the bitter fight between licensed medicine and the
>alternatives, a battle which has raged. off and on, for over a
>century and a half.  The only way to achieve justice and vindicate
>the Right to Life is through constant public awareness and pressure,
>so that the Courts and Legislators will follow the true will of the
>people.
>
> The New Jersey Supreme Court on August 11, 1998 granted permission
>to seek Certification of the case against the New Jersey Division of
>Consumer Affairs for preventing access to alternative healing
>modalities.  This means that Richard Tester and the Intervenor group
>may finally receive justice.
>
> This matter started with an ex parte (one-party) Order to Show Cause
>and raid by State Special Agents on the parsonage and holistic
>healing center of Richard Tester, based upon a false complaint of a
>failed extortionist.  It involves an attempt by the Division of
>Consumer Affairs to regulate the activities of a private association
>for the achieving and maintaining of a healthy status as though its
>nutritional activities were prohibited by the Medical Practices Acts,
>although the evidence in the Trial Court showed that there was no
>illegal practice of medicine, but rather an attempt by the State's
>agents to fabricate a case through intimidation, fraud,
>misrepresentation, and at least in one instance, assault.  The Public
>Policy of the State of New Jersey is clearly not to license nor
>regulate the practice of nutrition, with the Governor as recently as
>1995 vetoing a Nutritionist Certification Bill.  The Division does
>not have the power it has sought to exercise against Nutritionists.
>The State's actions in
>his case have not been based upon the special circumstances of the
>Petitioners, but rather upon a misapplication of law and science.
>The rights and law asserted by Petitioners in this case have never
>before been so asserted before the New Jersey Supreme Court.
>
> Since the State Special Agents raid on October 11, 1995, eight
>members of the Intervenor Group have died, denied full access to the
>alternative modalities they freely and legally chose to use in the
>context of a private association for achieving and maintaining a
>healthy status, to complement licensed health care only, for the
>reasons and causes explained in Exhibit SCt-8.  These individuals
>are:  Diana Tuske, David Quilici, Vincent Puma, George Peppard, Terry
>Lazano, Arthur Axlerod, Elinore Shelly and Mrs. Galand.
>
> The Constitution and laws protect the privacy rights of a terminally
>ill or other seriously ill individual, for whom licensed medicine can
>offer no further hope, to privately associate to seek out and obtain
>alternative modalities which licensed physicians are not permitted or
>able to offer, which may offer hope and which pose no clear and
>present danger of substantive evil.
>
> The most critical and important issue that needs resolution by the
>Supreme Court is protection for the legal and moral right of the
>private citizen to privately use alternative modalities which may be
>illegal for physicians to offer to the public, where Exhibit SCt-8
>shows the reasons why.
>
> This case presents issues of general public importance which have
>not been but should be settled by the Supreme Court, including
>significant Privacy and First Amendment Issues.  This is in the
>context of private associations for the achieving and maintaining of
>a healthy status and the rights of terminally ill or other persons to
>privately use scientifically proven alternative modalities which are
>not part of the licensed, standard practice of medicine and surgery,
>under the Medical Practices Acts.
>
> The State seeks to force private association Petitioners into a
>public contract where they will have to use politically safe
>nutrition (see Exhibit SCt-8) that licensed physicians are allowed to
>recommend in the public and which, by design, does not make a
>difference in achieving optimal wellness and provide the maximum
>opportunity for healing.
>
> The New Life Healing Center is a non-sectarian refuge for
>individuals seeking to use alternative healing modalities on a purely
>private basis.  It is sponsored by a duly established religious body
>that teaches the moral value of freedom of choice in health care
>modalities.  The services of the Center are available to all persons
>in need, regardless of religious affiliation, race, sex, orientation
>or national origin.
>
> Tester has never verbally implied nor advertised that he was a MD or
>that he was running a cancer clinic or in fact advertised at all.
>His members come to him strictly by word of mouth.  He has complied
>with State laws staying judiciously within the boundaries of his work
>as a nutritionist which is backed up by extensive case law and
>scientific law as outlined in the brief and exhibits.  All this
>evidence is being completely ignored and without challenge.  As
>defined by NJ State legislature, "Nutrition" means "the integration
>and application of principles derived from the science of nutrition,
>biochemistry, physiology, food, food management and from behavioral
>and social sciences to achieve and maintain a healthy status."
>Nutritionists are permitted to use various tests for the purpose of
>evaluating biological imbalances, but not for the purpose of
>diagnosing specific diseases.  Further, they may use various
>equipment and substances to guide the body into a balanced state.
>
> Tester is now bankrupt and may well lose the home his family had for
>50 years.  He is $400,000 in debt and presently completely out of
>work due to the state.  Because of this he faces the bleak prospect
>of going to court as his own counsel.  In the meantime, the health
>status of some of his former clients decline.
>
> For further information, for a Petition to the Governor and
>Legislature, and for the complete text of the Petition to the State
>Supreme Court and access to the following exhibits, please check on
>the IAHF website (www.iahf.org) where these will be posted shortly.
>We need your finanancial help!  If you can help, please send your
>donation to New Life Defense Fund c/o R. Tester, 1032 Cumbermeade Rd.,
> Ft Lee, NJ 07024.  You can email us at newlifecenter@usa.net.
>
>Exhibits
>
>[Due to the volume of information, we are only posting the most
>important exhibits]
>
>Supreme Court Petition
>Supplemental Brief
>Intervenors Statements (Exhibit SCt-4)
>State Agents Bad Faith Acts (Exhibit SCt-5)
>Intervenors Constitutional Rights (Exhibit SCt-6)
>Petitioners Cannot Get a Fair Trial (Exhibit SCt-7)
>The Politics of Medicine (Exhibit SCt-8)
>Sample Private Association Documents (Exhibit SCt-9)
>Certifications of Burton Dakon and Tito Garcia (Exhibit SCt-10)
>How the State's Actions Destroyed Diana Tuske's Life (Exhibit SCt-
>11)
>Transcript of December 19,1997 (Exhibit SCt-12)
>Letter of October 8, 1997 Rescinding Settlement Agreement (Exhibit A-
>59)
>Material Changes to Settlement Agreement by State's Counsel (Exhibit
>A-57)
>Diana Tuske Certification of March 16, 1998 (Exhibit A-36)
>Certification in Support of Motion to Stay regarding Judge Misconduct
>(Exhibit A-34)
>State's Counsel September 25, 1997 No Further Negotiation Letter
>(Exhibit A-72)
>Diana Tuske's Letter to Judge of August 1996 (Exhibit A-12)
>Terry Lozano's Letter to Judge of November 1997 (Exhibit A-30)
>Governor Whitman's Message Vetoing Nutritionist Certification Bill
>(Exhibit T-2)
>Herbalists' Charter (Exhibit T-10)
>The Declaration of Helsinki (A-16)
>The Nuremburg Code (A-5)
>Table of Additional Exhibits (Descriptive Only)
>
>Please distribute this memo to your email list.
>
>
>
>
>
>
>
******************************************
CODEX MEETING IN BERLIN, GERMANY SEPTEMBER 21-25th
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Send Check or MO in US $ to:
John C. Hammell, legislative advocate
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http://www.iahf.com
800-333-2553, 954-929-2905 outside USA
jham@iahf.com, fax 954-929-0507