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The New York Times has reported that there is a plan underway to draft healthcare workers, if needed. This law was passed in 1987 and allows a special skills draft if the President and Congress to draft about 36,000 of the 3.4 million registrants between the ages of 18 and 44. Those drafted could get out if they were providing essential health care services to their community. That would probably only be superspecialists and those in rural areas. I must say that I was in for two years during Viet Nam and I enjoyed my service.
After the above story appeared, the Pentagon stated that they don't need a draft of medical workers. That is not the same as the Selective Service which may draft for any national emergency. Top
The Oklahoma Board of Examiners in Optometry has passed a regulation to allow optometrists the ability to perform surgery with a scalpel. They have had since 1980s the okay to use lasers. The AMA has stated that Oklahoma is the only state in the nation that risks its citizens' health and safety by allowing non-physicians to perform eye surgery. The Governor can still veto the regs. He has until November 19. If you wish to make your voice heard on either side of the proposal call 405-522-8819. Top
Taking a page from President Bush's assessment of Senator Kerry, his own DEA Administrator Karen Tandy has done a flip flop. In August she announced and praised the guidelines on use of pain medications. These were formulated by the DEA and leading pain specialists. It stated that high use of opiates may be required and that physical addiction and physical dependence are not the same. This site proven a boon to those who wanted guidance in the prescribing of pain meds with the running afoul of the feds. Now the DEA and Ms. Tandy has removed the guidelines from it's Web Site stating it has mistakes. The mistakes it has is that physicians are using the site as a defense in their being wrongly charged by the feds for overusing drugs. The physicians the DEA worked with to formulate the guidelines were not happy with the decision to remove them as not official policy and their thinking about changing unilaterally the guidelines. Top
The FDA is considering a change in the length of time required for a suspected West Nile Virus infected person to be able to give blood. The research has shown the the Virus can live up to 49 days. Currently, the guidelines allow the donation after 28 days. The question is should those with headache an fever be excluded for a longer period. Top
The ill thought out California nurse ratio law continues to plague the state's hospitals. It has helped close up to 10 hospitals in the LA area so far this year. Now it is causing even more strife in the remaining LA hospitals. The public hospitals only have about 75% of the nurses they need under the ratio law. The officials can not increase that substantially in the foreseeable future. Many of the nurses are following the law and refusing to take on more patients than the law states they should. The managers are firing the nurses leading to a vicious cycle and of course the inevitable union intervention. The county has bought in traveling nurses when they can and have closed beds when they can. Throughout the state only about 15% of the hospitals actually comply fully with the law. The legislature should reevaluate the law. They won't since they are Democratic and on the payroll of the unions. Top
The California Proposition 72 which is a mandated health care initiative on medium and large businesses and possibly later on small business. The current advertising states that California is paying for WalMart's health care since they don't cover their employees. However, they soon will be covered by Kaiser. It replaces PacifiCare on the choices of employees. This points out the lies of the advertisements. Top
New Jersey has passed a law to fine physicians who have given flu shots to the non-vulnerable. The fine is $500 per physician. At least no jail is given.
I do not know all the details of the case but Dr. Joseph Simon of South Lake Tahoe, California was accused of negligent treatment in nine patients. This included prescribing drugs without a good faith exam and excessive prescribing, prescribing to an addict, and violating drug statutes and the Intractable Pain Act. It is cases like this that are given without further explanation that cause physicians to be afraid to prescribe pain meds for those with intractable pain or those at the end of life. The Medical Board would do a great service to the medical community by describing what was done and what could have been done. Top
The rule usually is if you need to clarify something, it is poorly written. This is the third JCAHO clarification of the poorly written MA.1.20. The hospitals and med staffs must comply with this rule by 1/1/06. Maybe by then the Joint will get it right, but I doubt it. The new clarification more specifically spells out what can and can not be in the bylaws and what must be in the bylaws if the med staff removes stuff. What must be in the bylaws is that which have a major impact on the process of corrective action, fair hearing and appeal and credentialing, privileging and appointments. These are all the things that some people took out when they listened to the bad advice of a Massachusetts consultant. I hope they enjoy all the work to put it all back where it belongs. Top
DISCLAIMER: Although this article is updated periodically, it reflects the author's point of view at the time of publication. Nothing in this article constitutes legal advice. Readers should consult with their own legal counsel before acting on any of the information presented.