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State of New York Department of Health
State Board for Professional Medical Conduct

In the Matter of Irving I. Dardik, M.D.
Amended Statement of Charges

November 9, 1994

Irving I. Dardik, M.D., the Respondent, was authorized to practice medicine in New York State on November 4, 1963 by the issuance of license number 091514 by the New York State Education Department. The Respondent is currently registered with the New York State Education Department to practice medicine for the period January 1, 1993 through December 31, 1994 at R.D. 1, Box 253, Hillcrest Drive, Great Meadows, New Jersey 07838.

Factual Allegations

A. Between on or about May, 1991 and on or about September, 1992, Respondent consulted and treated Patient A (whose name together with the other patient's name is contained in the attached Appendix) for her chronic Multiple Sclerosis at his office located at R.D. 1, Box 252, Hillcrest Drive, Great Meadows, New Jersey 07838, and at her home, at her family's homes, and over the telephone.

  1. In the course of his consultation with and treatment of Patient A, Respondent made statements to the effect that his wavenergy program, consisting of exercise and periods of relaxation, (hereinafter, "wavenergy program") and for which she would be required to pay $100;000.00 for one year's treatment, plus various expenses, would cure her disease. Respondent's statements included, but were not limited to, the following:

    a. In or about May and/or June, 1991, Respondent told Patient A words to the effect that he had the answer to her MS.

    b. In or about May and/or Tune, 1991, Respondent told Patient A words to the effect that her myelin was not destroyed, but rather that it was only thinned out and that she could get it all back.

    c. In or about June, 1991, Respondent told Patient A words to the effect that he would have her walking again within a year, and that running would follow.*

    d. In or about June, 1991, Respondent told Patient A words to the effect that he was not interested in remission, but rather that he would cure her M.S.

    e. In or about June, 1991, Respondent told Patient A words to the effect that his wavenergy program was curing not only M.S., but also cancer and A.L.S.

    f. In or about June, 1991, Respondent told Patient A words to the effect that her condition would never again be as bad as when she started treatment with Respondent and that she would be better than ever.

    g. In or about June, 1991, Respondent told Patient A's mother words to the effect that Patient A would never be worse, and that he would have Patient A walking by March, 1992.

    h. In or about June, 1991, Respondent told Patient A's sister words to the effect that he would cure Patient A.

    i. In or about October, 1991, Respondent communicated to Patient A's mother words to the effect that he was curing Patient A's M.S.

  2. Respondent's statements regarding the efficacy of his wavenergy program, including, but not limited to, those described in paragraph A.1, were false and Respondent knew they were false.*

  3. Respondent falsely stated words to the effect that he would personally pay constant attention to Patient A, when he knew he would not, and in fact he did not, and/or eventually refused to even return her telephone calls.

  4. Respondent failed to maintain an appropriate record for Patient A.*

  5. In the course of his consultation with and treatment of Patient A, Respondent revealed the identities of, and facts about, other patient(s).*

B. Between on or about May, 1993, and on or about July, 1993, Respondent consulted Patient B for her chronic Multiple Sclerosis at his office located at R.D. 1, Box 253, Hillcrest Drive, Great Meadows, New Jersey 07838, and over the telephone.

  1. In the course of his consultation with Patient B, Respondent made statements to the effect that his wavenergy program, consisting of exercise and periods of relaxation,-and for which she would be required to pay $100,000.00 for one year's treatment, plus various expenses, would cure her disease. Respondent's statements included, but were not limited to, the following:

    a. In or about May and/or June, 1993, Respondent told Patient B words to the effect that he had success curing M.S. patients around the country.

    b. In or about May and/or June, 1993, Respondent told Patient B words to the effect that he was not interested in remission, but rather that he could cure her M.S.

    c. In or about June, 1993, Respondent told Patient B he was not interested in making Patient B merely feel better or look better and handle her disorder, but rather that he was "interested in only one hundred percent."

    d. In or about July, 1993, Respondent told Patient B his wavenergy program was curing not only multiple sclerosis but cancer.

    e. In or about July, 1993, Respondent told Patient B he would help her "get rid of this thing."

    f. In or about July, 1993, after Patient B told Respondent that she used to ski years ago, Respondent told Patient B words to the effect that she would be able to do that again someday.

    g. In or about July, 1993, Respondent told Patient B his wavenergy program would cure her disease.

  2. Respondent's statements regarding the efficacy of his wavenergy program, including, but not limited to, those described in paragraphs B.1 were false and Respondent knew they were false.*

  3. In the course of his consultation with Patient B, Respondent revealed the identities of, and facts about, other patients, including, but not limited to, Patient A.*

  4. Respondent failed to maintain an appropriate record for Patient B.*

C. Between on or about February, 1992, and on or about July, 1993, Respondent consulted and treated Patient C for her chronic multiple sclerosis at his office located at R.D. 1, Box 253, Hillcrest Drive, Great Meadows, New Jersey 07838, and at her home, at her family's home, and over the telephone.

  1. In the course of his consultation with and treatment of Patient C, Respondent made statements to the effect that his wavenergy program, consisting of exercise and periods of relaxation, and for which she would be required to pay $30,000.00 for one year's treatment, plus various expenses, would cure her disease. Respondent's statements included, but were not limited to, the following:

    a. In or about March, 1992, Respondent told Patient C words to the effect that he knows what causes chronic illness and he can cure it.

    b. In or about March, 1992, Respondent told Patient C, words to the effect that she would never feel worse than she did at that time.

    c. In or about March, 1992, Respondent told Patient C words to the effect that she would be healthy and able to have children after being treated with his wavenergy program.

    d. In or about the spring and/or the summer of 1992, Respondent told Patient C words to the effect that the only person who had not improved from the wavenergy program was one man who had not committed himself to it.

    e. In or about the summer and/or the winter of 1992, Respondent told Patient C words to the effect that-he could not turn her around overnight, but rather, since it took ten years for her to arrive at her present condition, it would take some time to turn her M.S. around.

    f. in or about the spring and/or summer and/or the winter of 1992, Respondent told Patient C words to the effect that her progress would resemble three steps forward and one step back.

  2. Respondent's statements to Patient C regarding the efficacy of his wavenergy program, including, but not limited to, those described in paragraph C.1, were false and Respondent knew they were false.*

  3. In or about December, 1992, Respondent falsely communicated to Patient C words to the effect that he would personally and intensively treat her, when he knew he would not, and in fact he did not, and/or soon thereafter refused to even return her telephone calls.

  4. Respondent failed to maintain an appropriate record for Patient C.*

  5. In the course of his consultation with and treatment of Patient C, Respondent revealed the identities of, and facts about, other patient(s), including, but not limited to Patient A.*

D. Between on or about March, 1991, and on or about October, 1991, Respondent consulted and treated Patient D for her chronic Multiple Sclerosis at her husband's office, and at her homes, and over the telephone.

  1. In the course of his consultation with and treatment of Patient D, Respondent made statements to the effect that his wavenergy program, consisting of exercise and periods of. relaxation, and for which she would be required to pay $50,000.00 for one year's treatment, plus various expenses, would cure her disease. Respondent's statements included, but were not limited to, the following:

    a. In or about March, 1991, Respondent told Patient D words to the effect that she would be walking normally by December.

    b. Respondent told Patient D words to the effect that he would totally eradicate her M.S., as he could do with cancer and A.L.S.

    c. Respondent told Patient D words to the effect that her financial adviser would "eat his hat" when he saw Patient D cured.

  2. Respondent's statements regarding the efficacy of his wavenergy program, including but not limited to, those described in paragraph D.1, were false and Respondent knew they were false.*

  3. Respondent falsely stated words to the effect that he would personally pay constant attention to Patient D, when he knew he would not, and in fact he did not and/or periodically refused to even return her telephone calls.

  4. Respondent failed to maintain an appropriate record for Patient D.*

  5. In the course of his consultation with and treatment of Patient D, Respondent revealed the identities of, and facts about, other patient(s), including, but not limited to Patient A.*

E. Between on or about April, 1992, and on or about April, 1993, Respondent consulted and treated Patient E for her chronic Multiple Sclerosis in New York City and over the telephone.

  1. In the course of his consultation with and treatment of Patient E, Respondent made statements to the effect that his wavenergy program, consisting of exercise and periods of re1axation, and for which she would be required to pay $30,000.00 for one year's treatment, plus various expenses, would cure her disease. Respondent's statements included, but were not limited to, the following:

    a. In or about April, 1992, Respondent told Patient E words to the effect that his treatment would make everything better.

    b. In or about April, 1992, Respondent told Patient E words to the effect that the only two people who had ever not improved from his wavenergy program were two people who were not committed to it.

    c. In or about April, 1992, Respondent told Patient E words to the effect that she would be walking better after treatment with the wavenergy program.

    d. In or about April 1992, Respondent told Patient E words to the effect that even her thinning hair would be thicker after treatment with the wavenergy program.

    e. In or about February, 1993, Respondent told Patient E words to the effect that she should not be discouraged by her recent hospitalization, because even though her year's treatment was nearing an end, she would be walking better than ever after her bad spell.

  2. Respondent's statements regarding the efficacy of his wavenergy program, including, but not limited to, those described in paragraph E-1, were false and Respondent knew they were false.*

  3. In or about February, 1993, Respondent falsely stated words to the effect that he would personally take charge of treating Patient E, when he knew he would not, and in fact he did not, and/or soon thereafter refused to even return her telephone calls.

  4. Respondent failed to maintain an adequate record for Patient E.*

_________________

*The Charges followed with a red asterisk were not sustained by the Hearing Committee. Items A.1.C, A2, B2, C2, D2, and E2 were not upheld because the committee chose not to judge whether Davvik's proposed treatment was effective -- SB.]

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