Not content with just giving the radio industry a bad name,
State of New York Education Law Section 6521.
Definition of practice of medicine.
The practice of the profession of medicine is defined as diagnosing, treating, operating or prescribing for any human disease, pain, injury, deformity or physical condition.
1. Anyone not authorized to practice under this title who practices or offers to practice or holds himself out as being able to practice in any profession in which a license is a prerequisite to the practice of the acts, or who practices any profession as an exempt person during the time when his professional license is suspended, revoked or annulled, or who aids or abets an unlicensed person to practice a profession, or who fraudulently sells, files, furnishes, obtains, or who attempts fraudulently to sell, file, furnish or obtain any diploma, license, record or permit purporting to authorize the practice of a profession, shall be guilty of a class E felony.
State of New York Education Law Section 6512.
Unauthorized practice a crime.
State of New York Penal Code Section 70.00
2. Maximum term of sentence.
(e) For a class E felony, the term shall be fixed by the court, and shall not exceed four years.
Two Breast Cancer Examinations. 10/22/97. 7:50am Howard got to put his hands on 4 more breasts today. Two women showed up today to have Howard give them breast cancer exams. One woman was 4'8'' tall with H-Cup breasts! The other was 5'10'' with E-Cup's! Howard had more than a handful today. Everyone in the studio was amazed by the H-cups. Sarah, the H-cup, said that her breasts are natural, not implants like the other girl's. Kim, the E-cup, used to have C-cups until she got implants to blow them up to E. Kim is a stripper. Sarah was first up to have her breasts examined. Howard said ''They're unbelievable!'' when she took off her shirt. Jackie was amazed just by the size of her bra. It was huge. They said it looked like two football helmets. Howard was having a hell of a time examining Sarah so Gary got in on the fun. Sarah said that she didn't mind having Gary help. Howard kept finding lumps in her breasts but there's so much there that it probably wasn't cancer. Kim was up next and Howard said she had really nice implants. He had to give her a special exam since she has implants. Kim told him that he had to kind of ''pop up'' her implant to be able to feel around the whole breast. After examining Kim Howard asked Robin to come over and feel the breasts. Robin refused to do it.
Another Breast Cancer Exam. 10/20/97. 9:55am Howard did a quick breast cancer exam on a cute 25 year old by the name of Jackie today. He had to make it quick because he had to get to the news. Poor Jackie had been waiting to get on the show since 4am! She came down from Buffalo just to meet Howard and let him touch her breasts. As a matter of fact she said she didn't really care about the cancer exam, she just wanted him to touch her breasts! It's amazing what fame can do for a guy isn't it? Needless to say, Howard didn't find any lumps in her breasts.
Howard Gives Breast Cancer Exam To Black Woman. 10/16/97. 9:10am This was the first black woman to come in for a breast cancer exam from Howard. She had small breasts but Howard still seemed to enjoy the exam. He said that she looked like someone out of National Geographic magazine. She had some type of marks on her breasts that she was concerned about. Howard said they looked like cigarette burns or zits on her one breast. He told her to have them checked by a doctor. Yet another successful breast exam by Dr. Stern.
Howard Gives Breast Cancer Exam. 10/15/97. 7:30am In recognition of breast cancer awareness month Howard has decided to give free exams to any women who want them. The first woman to show up was Patricia or Trish as she called herself. She's a good looking stripper who didn't hesitate to take off her top to have Howard do the exam. Trish has breast implants so it was a little more difficult to do the exam. Howard was explaining what he was doing so women at home could check themselves for cancer. Howard kept saying that this wasn't erotic for him but I think we all know that's false. He basically felt this woman up and admitted it. He sure doesn't get to feel up strangers breasts any other way except when he does the Painting O' The Green for St. Patricks Day or when he paints breasts like Easter eggs during Easter... Okay, so he does get to feel up women's breasts quite a bit. Howard said that Trish was excited by all of this. We'll have to assume that he meant her nipples were erect. I think Howard was trying to play this straight so that they could show this on TV like they do when a real doctor is doing it for a news program. Don't count on it happening though.
More Breast Cancer Exams. 10/15/97. 9:40am Howard did a couple more breast cancer exams before doing the news today. The first woman was a 20 year old with braces. She was good looking but she looked so young that hey had to check her identification to make sure. According to Howard this girl Jen had the greatest C-cup breasts. He was really impressed with them. She looked something like Drew Barrymore according to Robin but Howard said she looked better than that. Howard did the exam on her and said it wasn't erotic.. sure Howard. Stuttering John came in and told Howard that there was one more woman waiting to have her exam done. Jen left and 23 year old April came in. She had huge breasts according to Howard. She wasn't even sure what size they were. She said that they were either a C or a D cup. Howard seemed to have even more fun doing this exam than he did with the other two. Quite a day for Howard! How many guys can say they felt up three women in less than 2 * hours?
November 10, 1997
Westcott's Letters to the 'powers that be'!
New York Board of Health
Office of Profession Medical Conduct
433 River Street
Suite 303
Troy, NY 12180
RE: Practicing medicine without training or licensing
Gentlemen:
This letter will memorialize the fact that the New York Board of Health is, herein, being made aware of an individual known as Howard Alan Stern, a.k.a. Dr. Stern, who is practicing medicine in New York City without a license.
Specifically, Dr. Stern, in collaboration, and in concert, with Westinghouse Broadcasting Company, CBS Radio and others:
a) advertises via mass media nationwide for female patients to visit Dr. Stern's Manhattan office during the business hours of 6:00 am and 11:00 am for a free medical examination, to wit, a free 'breast cancer examination',
b) under the guise of a medical examination, Dr. Stern (and invited male guests) touches, squeezes, titillates and otherwise fondles these patient's breasts, and
c) after the 'examination' is concluded, Dr. Stern gives a medical diagnosis as to whether or not the patient has breast cancer.
Although Dr. Stern does not charge any fees for his medical diagnosis and his 'patients' willingly participate, I would think that such a scheme would be illegal in that;
a) Dr. Stern DOES advertise for patients,
b) Dr. Stern DOES, in fact, give a medical diagnosis,
c) Dr. Stern DOES NOT have a medical license, and
d) Dr. Stern's examination facility is NOT licensed NOR inspected for sanitary standards.
With the above in mind, please provide me with answers to the following:
1) Does the State of New York and/or the City of New York require Dr. Stern to have certification and/or training in breast cancer examination and diagnosis?
2) Does the city of New York require Dr. Stern to have a business license?
3) Does Dr. Stern's examination facility require a license from the New York Board of Health?
4) Does Dr. Stern's examination facility require inspection by the New York Board of Health for minimum sanitation requirements?
5) Is Dr. Stern required to hold a license to practice medicine?
It is truly unfortunate when a con artist such as Dr. Stern is allowed to profit from such a serious national epidemic as breast cancer and it would be more than egregious if Doctor Stern only profited financially. But, Dr. Stern's profit is even more heinous in that his 'profits' come in the form of self gratification of his personal sexual proclivities. Simply stated, Howard Alan Stern is a pervert posing as a medical doctor.
Please advise:
a) whether or not an individual needs to be licensed to practice medicine in the state and city of New York, and
b) if Dr. Stern's practice of medicine, as described herein, is a legal activity in the state and city of New York.
If it is not a legal activity, and should you care to investigate Dr. Stern's activities, I would be more than happy to provide your office with the address of Dr. Stern's examination facility.
I understand the gravity of the accusations and statements I have made in this letter and I am prepared to evidence those claims as you may need. I trust the New York Board of Health understands the gravity of Doctor Stern's actions and investigates this matter most immediately.
Sincerely,
Al Westcott
cc:
American Cancer Society, New York City Division
19 West 56th Street
New York, New York 10019
November 3, 1997
Mayor Rudoph Giuliani
The City of New York
City Hall
New York City, NY 10007
RE: Practicing medicine without training or licensing
Dear Mr. Mayor:
This letter will memorialize the fact that the Mayor of the City of New York is, herein, being made aware of an individual known as Howard Alan Stern, a.k.a. Dr. Stern, who is practicing medicine in New York City without a license.
Specifically, Dr. Stern, in collaboration, and in concert, with Westinghouse Broadcasting Company, CBS Radio and others:
a) advertises via mass media nationwide for female patients to visit Dr. Stern's Manhattan office during the business hours of 6:00 am and 11:00 am for a free medical examination, to wit, a free 'breast cancer examination',
b) under the guise of a medical examination, Dr. Stern (and invited male guests) touches, squeezes, titillates and otherwise fondles these patient's breasts, and
c) after the 'examination' is concluded, Dr. Stern gives a medical diagnosis as to whether or not the patient has breast cancer.
Although Dr. Stern does not charge any fees for his medical diagnosis and his 'patients' willingly participate, I would think that such a scheme would be illegal in that;
a) Dr. Stern DOES advertise for patients,
b) Dr. Stern DOES, in fact, give a medical diagnosis,
c) Dr. Stern DOES NOT have a medical license, and
d) Dr. Stern's examination facility is NOT licensed NOR inspected for sanitary standards.
With the above in mind, please provide me with answers to the following:
1) Does the city of New York require Dr. Stern to have certification and/or training in breast cancer examination and diagnosis?
2) Does the city of New York require Dr. Stern to have a business license?
3) Does Dr. Stern's examination facility require a license from the New York Board of Health?
4) Does Dr. Stern's examination facility require inspection by the New York Board of Health for minimum sanitation requirements?
5) Is Dr. Stern required to hold a license to practice medicine?
It is truly unfortunate when a con artist such as Dr. Stern is allowed to profit from such a serious national epidemic as breast cancer and it would be more than egregious if Doctor Stern only profited financially. But, Dr. Stern's profit is even more heinous in that his 'profits' come in the form of self gratification of his personal sexual proclivities. Simply stated, Howard Alan Stern is a pervert posing as a medical doctor.
Please advise:
a) whether or not an individual needs to be licensed to practice medicine in the of New York, and
b) if Dr. Stern's practice of medicine, as described herein, is a legal activity in the city of New York.
If it is not a legal activity, and should you care to investigate Dr. Stern's activities, I would be more than happy to provide your office with the address of Dr. Stern's examination facility.
I understand the gravity of the accusations and statements I have made in this letter and I am prepared to evidence those claims as you may need. I trust the Mayor of New York City understands the gravity of Doctor Stern's actions and investigates this matter most immediately.
Sincerely,
Al Westcott
November 15, 1997
Mr. Daniel Kelleher
New York State Education Department
Office of Professional Discipline
One Park Avenue
New York, NY 10016
RE: Practicing medicine without training or licensing
Dear Mr. Kelleher:
On November 10, 1997 I sent you a letter regarding the illegal practice of medicine by an individual known as Howard Alan Stern, a.k.a. Dr. Stern. Since that letter was written I have researched the matter and can now provide you with additional details.
1. As you know, the practice medicine is defined under Sec. 6521 of the New York Education Law which states,."The practice of the profession of medicine is defined as diagnosing, treating, operating or prescribing for any human disease, pain, injury, deformity or physical condition."
2. Mr. Stern did diagnose a "human disease" in that he gave breast cancer examinations and gave a diagnosis as to "physical condition" of females on the following dates:
10/22/97 - See my letter of November 10, 1997 for specifics.
10/20/97 - See my letter of November 10, 1997 for specifics.
10/16/97 - See my letter of November 10, 1997 for specifics.
10/15/97 - See my letter of November 10, 1997 for specifics.
3. The unlicensed practice of medicine is a violation of Section 6512(1) of the New York Education Law which states,"Anyone not authorized to practice under this title who practices or offers to practice or holds himself out as being able to practice in any profession in which a license is a prerequisite to the practice of the acts, or who practices any profession as an exempt person during the time when his professional license is suspended, revoked or annulled, or who aids or abets an unlicensed person to practice a profession, or who fraudulently sells, files, furnishes, obtains, or who attempts fraudulently to sell, file, furnish or obtain any diploma, license, record or permit purporting to authorize the practice of a profession, shall be guilty of a class E felony."
4. With regard to anyone who "aids or abets an unlicensed person to practice a profession", the following is a listing of those individuals and corporations who knowingly aided and abetted Mr. Stern's illegal activities"a) Westinghouse Broadcasting Company, as the owner of New York radio station WXRK-FM which knowingly and willfully produced and disseminated, and thereby, aided and abetted Mr. Stern's illegal activities,
b) Michael Jordan, President and CEO of the Westinghouse Broadcasting Company, owner of New York radio station WXRK-FM and parent corporation of CBS Radio, Inc.,
c) CBS Radio, Inc., licensee of New York radio station WXRK-FM, and nationwide distributor of The Howard Stern Show,
d) Mel Karmazin, President and CEO of CBS Radio, Inc.,
e) Jackie "The Jokeman" Martling, WXRK-FM/CBS Radio, Inc. employee (Head Comedy writer of The Howard Stern Show) and an in studio accomplice who aided and abetted, and was a party to, Mr. Stern's illegal activities,
f) Robin Quivers, WXRK-FM/CBS Radio, Inc. employee (Announcer on The Howard Stern Show) and an in studio accomplice who aided and abetted, and was a party to, Mr. Stern's illegal activities,
g) Gary DelAbate, WXRK-FM/CBS Radio, Inc. employee (Producer of The Howard Stern Show) and an in studio accomplice who aided and abetted, and was a party to, Mr. Stern's illegal activities,
h) Fred Norris, WXRK-FM/CBS Radio, Inc. employee (Chief Engineer of The Howard Stern Show) and an in studio accomplice who aided and abetted, and was a party to, Mr. Stern's illegal activities.
Mr. Stern, in collaboration, and in concert, with the above named individuals and corporations, did conspire to violate Section 6512(1) of the New York Education Law and, therefore, each of them should be charged both separately and collectively with committing a class E felony which is punishable by incarceration for no more than 4 years. Given the egregious nature of these individual's crimes, I would hope that you would pursue this matter with impunity and dispatch
I trust this provides you with additional insight into Mr. Stern's illegal activities and the participation and involvement of the above named individuals and corporations.
Please respond with your intended actions.
Sincerely,
Al Westcott