[Pflienews] PharmFacts E-News Update: OH speaker puts kibosh on 12 yo; TX nurse on trial for reporting unethical doctor; Tebow abortoholic critics embarrassed Mon morning; more...
PFLI PharmAid Center
pfli at pfli.org
Tue Feb 9 16:01:04 MST 2010
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------------------------------------------------------------------------
*OH House Speaker puts kibosh on 12 year old winner*
Date: Mon, 8 Feb 2010 21:25:55 -0500
Subject: [Cols Catholic]
The following is a sad commentary on the current political leadership in
the State House of Representatives. Perhaps Budish should hear from the
people who own the building and pay his salary. This info is from Ohio
Right Life.
COLUMBUS - In an unprecedented act of partisanship, House Speaker Armond
Budish (D-Beechwood) denied Shelby County teen Elisabeth Trisler a
legislative honor routinely presented to others. Budish is refusing to
allow Trisler on the House floor to accept a legislative resolution. The
resolution, authored by Rep. John Adams (R-Sidney), honors her
accomplishment as the National Right to Life Oratory Contest winner.
Such honorary resolutions are routinely presented at the start of Ohio
House legislative sessions to constituents, including those who win
athletic championships or academic contests.
"Surely Speaker Budish can put aside his partisanship for 10 minutes to
honor the accomplishments of a talented and optimistic teenage girl,"
said Ohio Right to Life Executive Director Mike Gonidakis. "Perhaps his
real message to Ohio's teens is that excelling in public speaking isn't
worth being honored if their views are different than his."
Trisler won the National Right to Life Oratory Contest held at the NRLC
Convention in Charlotte, North Carolina in June, 2009. During the second
half of 2009, Rep. Adams's office worked to schedule the presentation of
Trisler's proclamation on the House floor, as is typical of such awards.
The presentation was scheduled for Wednesday, February 3, 2010.
However, on January 29th, the House Clerk informed Rep. Adams's office
the presentation was canceled because the Speaker "had a problem with
the subject matter." The Clerk advised the representative's staff to
take the matter up with the Speaker. Speaker Budish supports abortion.
"The Ohio House chamber is a monument to the importance of oratory and
persuasion on the great issues facing our state," added Gonidakis.
"Silencing someone because you disagree is a terrible lesson to teach
teens. The Speaker should reconsider his unfortunately petty decision."
"The Ohio House of Representatives is known as the 'people's house',"
said State Representative John Adams. "It is an outrage that Speaker
Budish has decided to politicize and deny the presentation of a
proclamation honoring national pro-life award on the House floor that
was previously approved by the Speaker," Adams said.
*
**ACTION: Politely contact Rep. Budish at*:
http://www.house.state.oh.us/index.php?option=com_displaymembers&task=detail&district=8
------------------------------------------------------------------------
_/*http://www.youtube.com/watch?v=je0lYPUvTZc&feature=player_embedded
*/_* */_$2.5 MILL OF NOTHING; ABORTOHOLICS EMBARRASSED AND EXPOSED..._/*
<http://www.lifesite.net/ldn/viewonsite.html?articleid=10020801>*
<http://www.google.com/url?sa=X&q=http://content.usatoday.com/communities/Religion/post/2010/02/super-bowl-2010-tim-tebow-best-ads-timmy/1%3Fcsp%3Dhf&ct=ga&cd=Z-GPD-Vj_0E&usg=AFQjCNHfekl5wPCFYqi_FlCw1r5Scjv0kQ>
USA Today
<http://www.google.com/url?sa=X&q=http://content.usatoday.com/communities/Religion/post/2010/02/super-bowl-2010-tim-tebow-best-ads-timmy/1%3Fcsp%3Dhf&ct=ga&cd=Z-GPD-Vj_0E&usg=AFQjCNHfekl5wPCFYqi_FlCw1r5Scjv0kQ>
'Miracle' Tim Tebow Super Bowl ad puts hit on critics
<http://www.google.com/url?sa=X&q=http://content.usatoday.com/communities/Religion/post/2010/02/super-bowl-2010-tim-tebow-best-ads-timmy/1%3Fcsp%3Dhf&ct=ga&cd=Z-GPD-Vj_0E&usg=AFQjCNHfekl5wPCFYqi_FlCw1r5Scjv0kQ>
USA Today
*...* progressives and other non-allies to reduce the incidence of
abortion by addressing issues like poverty, access to health care and
*contraception*, etc. *...*
See all stories on this topic
<http://news.google.com/news/story?ncl=http://content.usatoday.com/communities/Religion/post/2010/02/super-bowl-2010-tim-tebow-best-ads-timmy/1%3Fcsp%3Dhf&hl=en>
------------------------------------------------------------------------
* Police Refuse to Release Federal "Threat Assessment" on Wis.
Pro-Lifers
<mailbox:///C%7C/Users/Bogomir/AppData/Local/Thunderbird/Profiles/bo/Mail/Local%20Folders/Inbox?number=20565#16>
*Why Did the USCCB Join This Civil Rights Organization?*
News Source
http://insidecatholic.com/Joomla/index.php?option=com_content&task=view&id=7632&Itemid=48
<http://ss.all.org/link.php?M=18096&N=633&L=4412&F=H>
The United States Conference of Catholic Bishops (USCCB) has some
surprising associations. For example, The Leadership Conference on Civil
and Human Rights (LCCHR), founded in 1950, lobbies the Congress and
White House on behalf of its 200 coalition members, which includes the
USCCB. Members of the LCCHR must pay annual dues depending on the size
of the group ($1,000 minimum) and "must share LCCHR's principles and
purposes." In short, the LCCHR lobbies on behalf of abortion rights and
same-sex marriage.
*
'Vegetative state' man responds to questions*
News Source
http://www.cnn.com/2010/HEALTH/02/04/vegetative.state/
<http://ss.all.org/link.php?M=18096&N=633&L=4421&F=H>
A man presumed to have been in a vegetative state for five years has
communicated with the outside world for the first time since suffering
severe head injuries in a car crash, researchers said Thursday.
------------------------------------------------------------------------
http://www.nytimes.com/2010/02/07/us/07nurses.html?ref=health&pagewanted=print
<http://www.nytimes.com/2010/02/07/us/07nurses.html?ref=health&pagewanted=print>
February 7, 2010
TX Nurse to Stand Trial for Reporting Doctor
[even though such is required by many overlapping federal, state and
corporate laws on "compliance"
By KEVIN SACK
<http://topics.nytimes.com/top/reference/timestopics/people/s/kevin_sack/index.html?inline=nyt-per>
KERMIT, Tex. --- It occurred to Anne Mitchell as she was writing the
letter that she might lose her job, which is why she chose not to sign
it. But it was beyond her conception that she would be indicted and
threatened with 10 years in prison for doing what she knew a nurse must:
inform state regulators that a doctor at her rural hospital was
practicing bad medicine.
When she was fingerprinted and photographed at the jail here last June,
it felt as if she had entered a parallel universe, albeit one situated
in this barren scrap of West Texas oil patch.
"It was surreal," said Mrs. Mitchell, 52, the wife of an oil field
mechanic and mother of a teenage son. "I said how can this be? You can't
go to prison for doing the right thing."
But in what may be an unprecedented prosecution, Mrs. Mitchell is
scheduled to stand trial in state court on Monday for "misuse of
official information," a third-degree felony in Texas.
The prosecutor said he would show that Mrs. Mitchell had a history of
making "inflammatory" statements about Dr. Rolando G. Arafiles Jr. and
intended to damage his reputation when she reported him last April to
the Texas Medical Board, which licenses and disciplines doctors.
Mrs. Mitchell counters that as an administrative nurse, she had a
professional obligation to protect patients from what she saw as a
pattern of improper prescribing and surgical procedures --- including a
failed skin graft
<http://health.nytimes.com/health/guides/surgery/skin-graft/overview.html?inline=nyt-classifier>
that Dr. Arafiles performed in the emergency room, without surgical
privileges. He also sutured a rubber tip to a patient's crushed finger
for protection, an unconventional remedy that was later flagged as
inappropriate by the Texas Department of State Health Services.
Charges against a second nurse, Vickilyn Galle, who helped Mrs. Mitchell
write the letter, were dismissed at the prosecutor's discretion last week.
The case has been infused with the small-town politics of this
wind-whipped city of 5,200 in the heart of the Permian Basin, 10 miles
from the New Mexico border. The seeming conflicts of interest are as
abundant as the cattle grazing among the pump jacks and mesquite.
When the medical board notified Dr. Arafiles of the anonymous complaint,
he protested to his friend, the Winkler County sheriff, that he was
being harassed. The sheriff, an admiring patient who credits the doctor
with saving him after a heart attack
<http://health.nytimes.com/health/guides/disease/heart-attack/overview.html?inline=nyt-classifier>,
obtained a search warrant to seize the two nurses' work computers and
found the letter.
Both sides acknowledge that the case has polarized the community, and
the judge has moved the trial to a neighboring county.
The state and national nurses associations have called the prosecution
an outrage
<http://www.nursingworld.org/FunctionalMenuCategories/MediaResources/PressReleases/2009-PR/Wrongful-Prosecution-of-Winkler-County-Nurses.aspx>
and raised $40,000 for the defense. Legal experts argue that in a civil
context, Mrs. Mitchell would seem to be protected by Texas
whistle-blower laws
<http://law.onecle.com/texas/government/554.002.00.html>.
"To me, this is completely over the top," said Louis A. Clark, president
of the Government Accountability Project
<http://www.whistleblower.org/template/index.cfm>, a group that promotes
the defense of whistle-blowers. "It seems really, really unique."
Until they were fired without explanation on June 1, Mrs. Mitchell and
Mrs. Galle had worked a combined 47 years at Winkler County Memorial
Hospital here, most recently as its compliance and quality improvement
officers.
The nurses, who are highly regarded even by the administrator who
dismissed them, said the case had stained their reputations and drained
their savings. With felony charges pending, neither has been able to
find work. They said they could feel heads turn when they walked into
local lunch spots like El Joey's Mexican restaurant.
"It has derailed our careers, and we're probably not going to be able to
get them back on track again," said Mrs. Galle, 54, a grandmother who is
depicted around town as the soft-spoken Thelma to Mrs. Mitchell's
straight-shooting Louise. "We're just in disbelief that you could be
arrested for doing something you had been told your whole career was an
obligation."
It was not long after the public hospital hired Dr. Arafiles in 2008
that the nurses said they began to worry. They sounded internal alarms
but felt they were not being heeded by administrators.
Frustrated and fearing for patients, they directed the medical board to
six cases "of concern" that were identified by file numbers but not by
patient names. The letter also mentioned that Dr. Arafiles was sending
e-mail messages to patients about an herbal supplement
<http://topics.nytimes.com/top/news/health/diseasesconditionsandhealthtopics/dietarysupplementsandherbalremedies/index.html?inline=nyt-classifier>
he sold on the side.
Mrs. Mitchell typed the letter and mailed it with a separate complaint
signed by a third nurse, who wrote that she had resigned because of
similar concerns about Dr. Arafiles. That nurse was not charged.
To convict Mrs. Mitchell, the prosecution
<http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.39.htm> must prove
that she used her position to disseminate confidential information for a
"nongovernmental purpose" with intent to harm Dr. Arafiles.
Mari E. Robinson, executive director of the Texas Medical Board, has
warned in a blistering letter to prosecutors that the case will have "a
significant chilling effect" on the reporting of malpractice.
The nurses' lawyers, John H. Cook IV and Brian Carney, have filed a
civil lawsuit <http://www.casewatch.org/civil/mitchell/suit.pdf> in
federal court charging the county, hospital, sheriff, doctor and
prosecutor with vindictive prosecution and denial of the nurses' First
Amendment rights.
Nonetheless, the sheriff, Robert L. Roberts Jr., and the prosecutor,
Scott M. Tidwell, express confidence in their case.
"The only side of the story that the town has heard is that these are
sisters of mercy, missionaries of peace," said Mr. Tidwell, who is
trying the case because the district attorney is in poor health. "The
town has not heard the whole story."
Dr. Arafiles, 47, who attended medical school in his native Philippines
and trained in Baltimore and Buffalo, said his lawyer had advised him
not to talk. "I've been brutalized and abused," he said. "I'm the victim
in this case, and that is all I can say."
Several Texas laws
<http://www.lawserver.com/law/state/texas/tx-codes/texas_occupations_code_301-4025>
would seem to enshrine a nurse's right, and perhaps duty, to report a
physician when he or she believes that patients are at risk. Lawyers on
both sides agree that the case will hinge on whether a jury believes
that Mrs. Mitchell reported in good faith. In civil whistle-blower
cases, the Supreme Court of Texas has held that good faith requires only
a reasonable belief that the conduct being reported is illegal.
The hospital administrator, Stan Wiley, said in an interview that Dr.
Arafiles had been reprimanded on several occasions for improprieties in
writing prescriptions
<http://health.nytimes.com/health/guides/specialtopic/getting-a-prescription-filled/overview.html?inline=nyt-classifier>
and performing surgery and had agreed to make changes. Mr. Wiley, who
said it was difficult to recruit physicians to remote West Texas, said
he knew when he hired Dr. Arafiles that he had a restriction
<http://reg.tmb.state.tx.us/OnLineVerif/Phys_ReportVerif.asp?ID_NUM=460907&Type=LP>
on his license stemming from his supervision of a weight-loss clinic.
In a surprise inspection last September, state investigators found
several violations by Dr. Arafiles and concluded that the hospital had
discriminated against the nurses by firing them for "reporting in good
faith."
But Sheriff Roberts, who has held the post for 18 years, said the state
would show that the complaint had been filed in vengeance. "If it's made
to destroy somebody's reputation or forcing them to leave town," he
said, "then I don't believe it is good faith."
Sheriff Roberts called Dr. Arafiles "the most sincerely caring person I
have ever met."
Mr. Wiley said he believed that the nurses had acted in bad faith
because they went to the state despite his internal efforts to
discipline Dr. Arafiles. But, he said, "I don't believe they did it on a
personal vendetta."
Mrs. Mitchell said all she saw at the hospital was delay.
"The medical staff needed to make a decision on him," she said. "You
don't get a second chance to save somebody's life."
------------------------------------------------------------------------
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