Sunday, September 04, 2005
Mohel asks Rockland to lift ban on oral circumcision
Rockland's health commissioner is awaiting the state's advice on whether to lift an order banning a Monsey rabbi from performing oral-suction circumcisions in the county.
The order against Rabbi Yitzchok Fischer, 57, was issued after three New York City infants contracted herpes. One of them died.
The New York State Health Department already has lifted its ban against Fischer, who has done thousands of circumcisions in Rockland and around the world.
Fischer uses his mouth to suction blood from the wound after he removes the foreskin. The centuries-old ritual, called metzizah bi peh, is used by Hasidic and ultra-Orthodox Jews.
Many rabbis say Jewish law does not mandate mouth suction and a mohel is allowed to use a tube instead of the mouth. Others contend that it is mandated by Jewish law and that the spread of disease is rare.
The case touches on public health and religious freedom.
Fischer's method came under scrutiny when a Manhattan newborn died of herpes in November and his twin was diagnosed with the virus a little more than two weeks after the rabbi performed their circumcisions in October. A Staten Island newborn circumcised by Fischer was diagnosed with herpes in November. The strain of herpes found in the infants is transmitted orally.
New York City took the rabbi to court to stop the practice. Pending the outcome of the city's investigation, a city judge has maintained a December temporary order preventing Fischer from performing the ritual circumcisions.
Fischer underwent a herpes test, but the city has not released the results or commented on the type of test given to the rabbi. The state Health Department received the results through a subpoena, but also will not comment on them.
Fischer's lawyer, Mark J. Kurzmann of Pearl River, said yesterday that "there has been no conclusive medical evidence that the infants contracted the virus from the rabbi."
Kurzmann said the rabbi performed oral-suction circumcisions on two of the three infants, both of whom had rashes beforehand and had visited a doctor. Oral-suction circumcisions were done on the twins. Oral suction was not done on the third baby, Kurzmann said.
"If there was a definitive conclusion that my client infected any child, he would be the first one to stop," Kurzmann said. "And Jewish law would mandate he stop."
Kurzmann recently asked Rockland Health Commissioner Dr. Joan Facelle to lift the ban, which she ordered in February. Kurzmann based his request on the state Health Department's decision.
Facelle said recently she remained concerned about the potential health risks the procedure imposes. She said her department has not received any reports of herpes in infants.
She will respond to Kurzmann by the end of this month, hoping to receive guidance from the state.
"This procedure poses a real potential health risk and doesn't follow infection control standards," she said.
Facelle said neither the state nor the city has informed her if tests on the rabbi showed he had herpes and any link to the children.
"In the absence of science, we are dealing with one particular individual, not the practice," she said. "I don't know if we can sustain the order. I am hoping for some guidance from the state."
Facelle said even if she eventually rescinds her order, she plans to start an educational campaign in Rockland.
State Health Department spokesman Rob Kenny said the agency has not yet decided how it would advise the county. Kenny also said Rockland can make its own decision without the state.
The state has joined New York City's plan for a committee of rabbis and medical personnel to review the oral-suction procedure and possibly come up with guidelines.
"We want to establish an open form of communication with all sides informed of the risk and the protocols when conducting these practices," Kenny said. "We want to make sure parents of newborns are aware of the potential health risks."
http://www.thejournalnews.com/apps/pbcs.dll/article?AID=/20050904/NEWS03/509040330/1027/NEWS11
Rockland's health commissioner is awaiting the state's advice on whether to lift an order banning a Monsey rabbi from performing oral-suction circumcisions in the county.
The order against Rabbi Yitzchok Fischer, 57, was issued after three New York City infants contracted herpes. One of them died.
The New York State Health Department already has lifted its ban against Fischer, who has done thousands of circumcisions in Rockland and around the world.
Fischer uses his mouth to suction blood from the wound after he removes the foreskin. The centuries-old ritual, called metzizah bi peh, is used by Hasidic and ultra-Orthodox Jews.
Many rabbis say Jewish law does not mandate mouth suction and a mohel is allowed to use a tube instead of the mouth. Others contend that it is mandated by Jewish law and that the spread of disease is rare.
The case touches on public health and religious freedom.
Fischer's method came under scrutiny when a Manhattan newborn died of herpes in November and his twin was diagnosed with the virus a little more than two weeks after the rabbi performed their circumcisions in October. A Staten Island newborn circumcised by Fischer was diagnosed with herpes in November. The strain of herpes found in the infants is transmitted orally.
New York City took the rabbi to court to stop the practice. Pending the outcome of the city's investigation, a city judge has maintained a December temporary order preventing Fischer from performing the ritual circumcisions.
Fischer underwent a herpes test, but the city has not released the results or commented on the type of test given to the rabbi. The state Health Department received the results through a subpoena, but also will not comment on them.
Fischer's lawyer, Mark J. Kurzmann of Pearl River, said yesterday that "there has been no conclusive medical evidence that the infants contracted the virus from the rabbi."
Kurzmann said the rabbi performed oral-suction circumcisions on two of the three infants, both of whom had rashes beforehand and had visited a doctor. Oral-suction circumcisions were done on the twins. Oral suction was not done on the third baby, Kurzmann said.
"If there was a definitive conclusion that my client infected any child, he would be the first one to stop," Kurzmann said. "And Jewish law would mandate he stop."
Kurzmann recently asked Rockland Health Commissioner Dr. Joan Facelle to lift the ban, which she ordered in February. Kurzmann based his request on the state Health Department's decision.
Facelle said recently she remained concerned about the potential health risks the procedure imposes. She said her department has not received any reports of herpes in infants.
She will respond to Kurzmann by the end of this month, hoping to receive guidance from the state.
"This procedure poses a real potential health risk and doesn't follow infection control standards," she said.
Facelle said neither the state nor the city has informed her if tests on the rabbi showed he had herpes and any link to the children.
"In the absence of science, we are dealing with one particular individual, not the practice," she said. "I don't know if we can sustain the order. I am hoping for some guidance from the state."
Facelle said even if she eventually rescinds her order, she plans to start an educational campaign in Rockland.
State Health Department spokesman Rob Kenny said the agency has not yet decided how it would advise the county. Kenny also said Rockland can make its own decision without the state.
The state has joined New York City's plan for a committee of rabbis and medical personnel to review the oral-suction procedure and possibly come up with guidelines.
"We want to establish an open form of communication with all sides informed of the risk and the protocols when conducting these practices," Kenny said. "We want to make sure parents of newborns are aware of the potential health risks."
http://www.thejournalnews.com/apps/pbcs.dll/article?AID=/20050904/NEWS03/509040330/1027/NEWS11
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