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bnuckols

Conservative Christian Family Doctor, promoting conservative news and views. (Hot Air under the right wing!)
bnuckols has written 1140 posts for WingRight

Thank your Texas Senators for a Good Bill!

From Texas Alliance for Life:

 
Texas Senate Passes Pro-Life SB 303 to Help Families
Protect Loved Ones Near the End of Life
 
Lt. Governor David Dewhurst and Sen. Donna Campbell M.D. Deserve Thanks!
 
April 24, 2013
 
Dear Larry and Beverly:
 
Very good news! Last week the Texas Senate passed SB 303, a strong pro-life bill that will change current law to help families protect their loved ones near the end of life. Supported by pro-life Lt. Governor David Dewhurst and authored by Sen. Bob Deuell (R-Greenville), the full Senate passed SB 303 on a decisive 24-6 vote.
Your Texas state senator, Sen. Donna Campbell M.D., voted to support SB 303, a pro-life vote. Please thank Lt. Governor Dewhurst and Sen. Campbell for their support. See sample messages below.
SB 303 is strongly supported by broad coalition of pro-life and provider organizations including Texas Alliance for Life, the Texas Catholic Conference of Bishops, and the Texas Baptist Christian Life Commission. 
 
Voting for SB 303 were: Campbell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Garcia, Hinojosa, Huffman, Lucio, Nelson, Nichols, Rodriguez, Schwertner, Seliger, Uresti, Van de Putte, Watson, West, Whitmire, and Zaffirini.Voting against SB 303 were: Hancock, Hegar, Patrick, Paxton, Taylor, and Williams. Senator Brian Birdwell was absent.
 

(snip)

Among the many changes to current law that SB 303 will make.

  • Prevents secret DNAR orders (“Do Not Attempt Resuscitation”). Current law allows doctors to order DNARs without even notifying the patient or family.
  • Prevents the involuntary denial of food and water, except in extreme circumstances when the treatment would harm the patient or hasten his or her death.
  • Increases the time of the dispute resolution process from 12 to 28 days when a family and patient disagree about appropriate end of life care.
  • Significantly limits the class of patients to whom the dispute resolution process can be applied.
  • Requires doctors and hospitals to treat all patients “equally without regard to permanent physical or mental disabilities, age, gender, religion, ethnic background, or financial or insurance status.”
  • Preserves conscience protections so physicians are not required to provide futile or harmful procedures indefinitely.

A great deal of false and misleading information about SB 303 has been spread by several groups, especially by one group in particular that is based in Houston. In response, the Texas Catholic Conference of Bishops issued a strongly-worded letter to set the record straight. Please see this: http://txcatholic.org/news/327-misstatements-against-end-of-life-care-reform-corrected-in-letter-to-lawmakers

See my earlier post about the rebuke TRTL received from the Texas Catholic Bishops Conference. – http://wp.me/p1FiCk-XW – and an even earlier explanation (long winded, I’m afraid) – http://wp.me/p1FiCk-Wb

Edited 4/27/13 to add that last paragraph – BBN

 

Sequester vs. Waste and Fraud

House Skips Town WebIn Washington, DC, today, the House and Senate voted to end the furloughs on Transportation Safety Administration employees and then, skipped town.   I wish they’d stuck around a little longer to deal with the growing Federal budget by cutting at least some of the tax waste and fraud in the news.

I know that much of the problem is due to State grants and poor over-site, like the Texas braces scandal, but the money comes from the Federal taxes. As long as they’re dealing with one sequelae of the “sequester,” why not deal with waste and fraud? There have been hearings, but where are the Federal laws and charges — or actual changes in regulation?

Today, the New York Times reported that New York State has suspended enrollment in their adult day care centers because of fraud and abuse (at the cost of $93 per person, per day):

Not a wheelchair or walker was in sight at these so-called social adult day care centers. Yet the cost of attendance was indirectly being paid by Medicaid, under Gov. Andrew M. Cuomo’s sweeping redesign of $2 billion in spending on long-term care meant for the impaired elderly and those with disabilities.

The National Institutes of Health was under the microscope last month, where grants were criticized for being politically motivated  (WingRight wrote on tobacco and tea party “astroturf”) and/or wasteful (why lesbians drink too much).

(Here’s a list of a few more examples of “Obscene Government Waste”:

— The government spends $1.7 billion for maintenance on empty buildings it owns, although some sources put the figure at closer to $25 billion. The Office of Management and Budget estimates that 55,000 properties are underutilized or entirely vacant.

— The federal government owns approximately one-third of all U.S. land. It does not need more land and it could be argued that it should not own 80% of Nevada and Alaska, and more than half of Idaho. That said, it wants to spend $2.3 billion to purchase more land and the National park Service currently has a backlog of maintenance tasks totaling $5 billion. These include parks that the Obama administration was saying would all have to be closed down because of a sequester reduction of a mere 1.2% of all federal spending.

— Homeland Security’s Janet Napolitano was issuing statements about the sequestration cuts to her department, but according to Tom Schatz, president of Citizens Against Government Waste, the department has $9 billion in unspent preparedness funds. How much of that will be spent on purchasing more DHS ammunition? They have already purchased enough to shoot every American five times.

— Republican lawmakers in Congress took the sequester fear-mongering as an opportunity to note, as Rep. Tom Price (R-GA) said, “There are pots of money sitting in different departments across the federal government, that have been authorized over either a number of months or years.”

— Rep. Tom Coburn (R-OK) is a leading budget hawk who identified programs to fund a space ship to another solar system, funds for advancements in beef jerky from France, and $6 billion for research to find out what lessons about democracy and decision-making can be learned—from fish!

— While you’re trying to figure out how to pay your 2012 taxes, give a thought to the National Science Foundation $350,000 grant to Perdue University researchers on how to improve your golf game.

— Not to be outspent, the National Institutes of Health gave a $940,000 grant to researchers who found that the production of pheromones in—wait for it—fruit flies, declines over time. Turns out that male fruit flies were more attracted to younger female fruit flies. The NIH also paid researchers to find out why gay men in Argentina engage in risky sexual behavior when they’re drunk and spent $800,000 in “stimulus funds” to study the impact of a “genital-washing” program on men in South Africa. You can’t make up this stuff.

— For reasons that defy sanity, various elements of the government have spent $3 million for research on video games; $2.6 million to train Chinese prostitutes to drink responsibly; a whopping $500 million on a program that would, among other things, try to figure out why five-year-olds “can’t sit still” in a kindergarten classroom; and grants such as $1.8 million on a “museum of neon signs” in Las Vegas, Nevada.

— Sanity does not apply to the $2 billion given annually to U.S. farmers to not farm their land. Don’t even ask about the Defense Department. It has long been famous for waste.

While all this has been going on, in 2010 the Office of Management and Budget determined that $47.9 billion was spent on fraudulent or improper payments in Medicare and the problem still hasn’t been fixed, though the cost is now up to $62 billion. There’s been $2.7 billion in fraud and mismanagement of the food-stamp program.

 

 

Dems divided on congressional Obamacare changes – Jake Sherman – POLITICO.com

Democrats are seeking to exempt Congress and their staffers from Obamacare.

http://www.politico.com/story/2013/04/dems-divided-on-congressional-obamacare-changes-90648.html

Texas Catholic Bishops Conference Rebukes “Texas Right to Life”

Using words such as “egregious,” “cynical,” “outrageous,” and “deceive,” the Texas Catholic Bishops Conference have published the letter that they sent to Texas Legislators concerning the actions of Texas Right to Life concerning Senate Bill 303 and its companion, House Bill 1444 on April 15, 2013.

Since employees and representatives of TRL continue to “stoke fear through ridiculous claims,” (and to harass those who support the Bills)  here’s the letter (I’ve reproduced the emphasis is in the original):

The Texas Catholic Conference is compelled to publicly correct the misstatements and fabrications that continue to be perpetuated by the Texas Right to Life organization against legislation to improve end-of-life care by reforming the Texas Advance Directives Act.

It has been said that all is fair in love, war and Texas politics. However, the actions of Texas Right to Life have been so egregious and cynical, especially when comes to misrepresenting the moral and theological doctrine of the Catholic Church, that the TCC cannot stay silent.

Texas’ Advance Directives Act needs reform. Current law lacks clarity given the complexity of end-of-life care, contains definitions that could permit the withdrawal of care for patients – including food and water – and permits unilateral Do Not Resuscitate Orders without the permission of, or even consultation with, the family.

Senate Bill 303 and House Bill 1444 are based on Catholic moral principles and reasonable medical standards for defending human life and protecting the conscience of both families and physicians. Both billsprevent unilateral DNRs, improve communication between medical providers and families, ensure a clear and balanced process for resolving differences, and give families the right to challenge Do Not Resuscitate Orders before a medical ethics committee.

In both its materials and communications with legislative offices and staff, Texas Right to Life has tried to stoke fear through ridiculous claims of nonexistent “death panels” and assertions that doctors are “secretly trying to kill patients.” Both claims are absurd. The truth is, many factors are involved in the sausage-grinding process of public policymaking. Some have less to do with making good laws and more about individual personalities and fundraising opportunities of organizations.

It is outrageous that an organization purportedly committed to the rights and dignity of life would resort to such disingenuous tactics that deceive honest and caring people. What is worse is doing so in a way that perpetuates current law and may cause unnecessary patient suffering.

Texas Right to Life has no authority to articulate Catholic moral teaching, and certainly does not have permission to represent the views of the Roman Catholic Bishops of Texas. If you have any questions, please feel free to contact us at the Texas Catholic Conference. We are more than happy to answer any questions or provide the Texas Catholic Bishops’ position on any issue before the Legislature.

 

(Edited for spelling and grammar, 4/25/13 BBN)

NIH funded study: “the tobacco industry and the Tea Party”

Tobacco Control Organizational Chart

How reliable is a US government funded study that uses the term, “astroturf?”

Research using your tax dollars is under scrutiny – once again – and the subject of recent hearings in Congress. The National Cancer Institute, a wing of the National Institutes of Health, paid for this “study.” It was published in a “peer reviewed” journal, Tobacco Control, one of the “BMJ Group” (British Medical Journal) publications.

Discussion

The tobacco companies have refined their astroturf tactics since at least the 1980s and leveraged their resources to support and sustain a network of organisations that have developed into some of the Tea Party organisations of 2012.

***

 

What this paper adds

Rather than being a grassroots movement that spontaneously developed in 2009, the Tea Party organisations have had connections to the tobacco companies since the 1980s. The cigarette companies funded and worked through Citizens for a Sound Economy (CSE), the predecessor of Tea Party organisations, Americans for Prosperity and FreedomWorks, to accomplish their economic and political agenda. There has been continuity of some key players, strategies and messages from these groups to Americans for Prosperity, FreedomWorks and other Tea Party-related organisations.

***

  • Funding This research was funded by National Cancer Institute grants CA-113710 and CA-087472. The funding agency played no role in the selection of the research topic, conduct of the research or preparation of the manuscript. SAG is American Legacy Foundation Distinguished Professor in Tobacco Control.

  • Competing interests None.

  • Provenance and peer review Not commissioned; externally peer reviewed.

via ‘To quarterback behind the scenes, third-party efforts’: the tobacco industry and the Tea Party — Fallin et al. — Tobacco Control.

Border Patrol now counts getaways – Beaumont Enterprise

Note the estimated 85,000 who escaped the Border Patrol in 2011. Secure the border, first, then we can talk about how to get a Green Card. (Hint: it begins by getting in line legally and in their own country.)
A recent Government Accountability Office report cites Border Patrol data from fiscal 2011, the latest available, that 61 percent of estimated illegal crossings on the southern border resulted in capture, 23 percent turn back to Mexico and 16 percent got away.

Of the 85,467 who got away, 70,980 (83 percent) were counted by sign-cutting, with nearly all the rest from cameras and plain sightings.

Despite such precise tallies, Border Patrol Chief Mike

via Under pressure, Border Patrol now counts getaways – Beaumont Enterprise.

Dr. Donna Campbell at San Antonio Tea Party

Big crowd!

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Lieutenant Governor David Dewhurst at San Antonio Tea Party

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Dr. Donna Campbell at San Antonio Tea Party

Big crowd!

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Obama Gives $13 Million Grant to Texas Planned Parenthood! @txprolife

We’ve all been hearing about the supposed “War on Women” by Conservative law makers – and, by extension, voters – in Texas. Well, President Obama and Secretary of Health Kathleen Sebellius just fired another shot in the war against Texas and State’s rights.

UPDATE: In an emailed statement, Texas Department of State Health Services spokeswoman Carrie Williams says that the agency just received notice that it will lose the Title X grant and is “reviewing the information to get a sense of the full impact.” The agency hopes the transition is smooth and the provider base remains strong, she wrote.
EARLIER: The federal government has pulled from the state of Texas millions in family planning funding, granting the money instead to a coalition led by the Women’s Health and Family Planning Association of Texas, which says it can serve a greater number of women with the available funds.
For more than four decades, federal Title X funding has been dedicated to funding family planning services and covering clinics’ infrastructure costs. The funds are generally granted to providers (like Planned Parenthood) and/or to state health agencies. In Texas since 1980, the majority of the funding has been administered by the Department of State Health Services — roughly $18 million in 2012, for example; since 2009, DSHS has been the sole grantor of Title X funds.

(Edit, maybe it’s only half of that.)

A Little History

Before this year, Federal tax dollars came back to Texas in two major funds: the Women’s Health Program and Family Planning, or Title X funds. Texas “matched” a certain amount and the Texas Department of Health and Human Services administered the dispersion of the money. Because the money paid for or freed up other funds for staff, marketing, and “infrastructure” or office overhead, PP was helped to keep their abortion clinics running. The overall effect was that State matching tax dollars helped PP to funnel patients, if not dollars, to their abortion clinics.

Texas was forced to make severe Budget cuts across the board in 2011, including Family Planning funds. This led to prioritizing what little money we had:

“State lawmakers cut funding for family planning services by two-thirds in the last legislative session, dropping the two-year family planning budget from $111 million to $37.9 million for the 2012-13 biennium. They also approved a tiered budget system for family planning funds, which gives funding priority to public health clinics, such as federally qualified health centers and comprehensive clinics that provide primary and preventative care over clinics that only provide family planning services.”

Texas Tribune

Also, the State Legislature passed a law which said no Women’s Health Program funds would go to any affiliate of abortionists. Since PP is not found in rural or under served areas the way that public health clinics are (they are in big cities where there are many other providers of comprehensive care) and, since they are legally “affiliates” of the abortion facilities (often at the same address as their abortion clinics), they did not qualify for Texas tax funds.
Obama retaliated by first shutting down Women’s Health Program. And now, he and his are taking all Federal Family Planning funds out of the control of the Texas Department of Health and Human Services.

Options gang ready to go home

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We’ve been in Joplin, Missouri, learning how to run an STI (sexually transmitted diseases) clinic. Now, we’re going home!

Genital Wart Decline Tracked to HPV Vaccine

Great news from Australia!

“In 2011 no genital wart diagnoses were made among 235 women under 21 years of age who reported prior human papillomavirus vaccination,” the authors noted. “The significant declines in the proportion of young women found to have genital warts and the absence of genital warts in vaccinated women in 2011 suggests that the human papillomavirus vaccine has high efficacy outside the trial setting. Large declines in diagnoses of genital warts in heterosexual men are probably due to herd immunity.”The study provided a glimpse of the impact of HPV vaccination in a real-world community setting as opposed to a clinical trial.

via Genital Wart Decline Tracked to HPV Vaccine.

Finance Chairman Representative Jeb Henserling of Texas

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SPEAKING to National Pawnbrokers Association in Washington, School.

Our Texas Senators Cornyn and Cruz at Capitol

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The Senators spoke to a group including Larry Nuckols and I, who were in DC representing the National Pawnbrokers Association.

Trial shows abortion’s ‘coarsening’ impact

http://m.bpnews.net/bpnews.asp?id=40078

I’m quoted on Abortion and Breast Cancer Risk

Several media outlets sort of quoted my testimony against HB 2945 in the Texas State House Affairs Committee on Wednesday. However, they proved Mark Twain’s assertion that there are “lies, damned lies, and statistics.”

In my testimony against HB 2945, I also pointed to the National Cancer Institute’s webpage, “Reproductive History and Breast Cancer Risk,” which outlines the protective effect of pregnancy. After all, the only women and girls receiving this information are pregnant women and girls!

Unfortunately, Representative Farrar focused on the “peer review” status of the Mabye article (“Did it go through the Medline or PubMed?”), ignoring the NCI data.

In that (yes, Jessica, it’s “peer reviewed”) New England Journal of Medicine article, the authors note that, while their study found no increased risk overall, there is a protective effect of pregnancy and an increased risk for some women: “Induced abortion had no overall effect on the risk of breast cancer, but we found a statistically significant increase in risk among women with a history of second-trimester abortion.” This was a small number of cases, but it was also in spite of the authors’ acknowledging that unknown thousands of unrecorded abortions ( those before 1973 computerization of records) were probably not accounted for.

From the Texas Tribune:

Dr. Beverly Nuckols, a family doctor from New Braunfels and board member of Texas Alliance for Life, testified against the bill. She cited a study published by the New England Journal of Medicine in 1997 that showed pregnancy decreases the risk of breast cancer.

“No one would prescribe pregnancy to prevent breast cancer,” Nuckols said. “We’re just letting them know that if they have a risk factor in their family, this pregnancy may cut their risk of breast cancer in half.”

via House Panel Debates Changes to Booklet on Abortion | The Texas Tribune.

Others:

Austin Chronicle, “A Woman’s Right to Know the Truth”

Newsweek’s Molly McArdle: Why I Didn’t Write About Gosnell’s Trial–And Why I Should Have

Warning: the article is graphic.

“If I think about it for a moment, there are obviously lots of policy implications of Gosnell’s baby charnel house. How the hell did this clinic operate for seventeen years without health inspectors discovering his brutal crimes? Are there major holes in our medical regulatory system? More to the point, are those holes created, in part, by the pressure to go easy on abortion clinics, or more charitably, the fear of getting tangled in a hot-button political issue? These have clear implications for abortion access, and abortion politics.

“After all, when ostensibly neutral local regulations threaten to restrict abortion access–as with Virginia’s recent moves to require stricter regulatory standards for abortion clinics, and ultrasounds for women seeking abortions–the national media thinks that this is worthy of remark. If local governments are being too lax on abortion clinics, surely that is also worthy of note.

via Why I Didn’t Write About Gosnell’s Trial–And Why I Should Have – The Daily Beast.

Lest we forget — “After-birth abortion: why should the baby live?” Journal of Medical Ethics

#Gosnell would be vindicated if these “ethicists” have their way

There are two reasons which, taken together, justify this claim:

The moral status of an infant is equivalent to that of a fetus, that is, neither can be considered a ‘person’ in a morally relevant sense.

It is not possible to damage a newborn by preventing her from developing the potentiality to become a person in the morally relevant sense.

via After-birth abortion: why should the baby live? — Giubilini and Minerva — Journal of Medical Ethics.

Nurses quit Planned Parenthood because of ‘dangerous and dirty work conditions’

Guess what? Virtually no media notice!

Two Planned Parenthood nurses quit their jobs because of dirty and dangerous work conditions and what they called ‘a meat-market style of assembly-line abortions’.

The former employees of the Delaware branch have spoken out about what allegedly takes place behind its closed doors and said that a rush to get patients in and out leaves the operating tables soiled and unclean and that doctors don’t wear gloves.

Jayne Mitchell-Werbrich, former employee said: ‘It was just unsafe. I couldn’t tell you how ridiculously unsafe it was.

‘It’s not washed down, it’s not even cleaned off. It has bloody drainage on it.’

via A meat-market style of assembly line abortions: Nurses quit Planned Parenthood because of ‘dangerous and dirty work conditions’ | Mail Online.

Statistics and “Peer Review”

Typical of the reportingMedline jpeg on the connection between abortion and breast cancer, a blogger at “RhealityCheck,” only reports half a sentence – the half that she likes.

I don’t know how long my comments will stay up, so here’s my part:

The author only quoted half a sentence. The article clearly states, “Induced abortion had no overall effect on the risk of breast cancer, but we found a statistically significant increase in risk among women with a history of second-trimester abortion.”

and

That 89% increased risk is significant to that “small number” of women who developed cancer. The 23% increased risk after ab at 15-18 weeks might seem significant for some.

The authors admit that they probably missed thousands of abortions because the registry wasn’t computerized before 1973, but they started counting cancer cases in 1968. That fact skews any “overall” conclusions.

And here’s the link to the article in question. Please note that even this research must adjust for the age at first pregnancy and for number of pregnancies.

My testimony begins at 1 hour, 12 minutes in on the video of the hearing. I actually focused on the protective effect of pregnancy, especially early pregnancy, according to the National Cancer Institute. This information is only given to women and girls who are already pregnant, after all.

Interestingly, we learned how little the Committee members understood about scientific research and resources. Follow the hours of testimony on HB 2945 and HB 2365 and Rep.Jessica Farrar’s obsession and apparent slow realization about the meaning and significance of “peer review” and “PubMed” and “Medline.“At one point, 1:26, Ms. Farrar, who admits that she “barely got through biology,” asks whether the research was “peer reviewed” by “the Medline or PubMed.”

As the day went on, it seems that Farrar was educated that peer review is conducted by the Journals themselves, and that PubMed and Medline are merely indexes of scientifc literature.

State Rep Farrar: “Choice” to abort babies with spina bifida after 20 weeks

6:05/8:18 Farrar:  “So, so, this diagnosis is missed, they
have a fetal anomaly, the spine’s outside the body or something, you say you would not have an exception for that situation.”

Watch the video at 6:05 (See below ++) of the April 10, 2013 Texas House State Affairs Committee meeting hearing on HB 2364, by Representative Jodi Laubenberg,  as State Representative Jessica Farrar challenges a practicing OB/Gyn about his belief that abortion should not be performed when babies are found to have non-lethal “anomalies” after 20 weeks post-fertilization (or 22 weeks since last period).

 

I wonder how of you have heard of the trial of abortionist Kermit Gosnell* in Philadelphia, Pennsylvania? Most people, whether pro-choice or pro-life, are horrified by the way Dr. Gosnell and his staff treated the babies they delivered both alive and dead.

 

We also squirm at the intentional killing of children who could otherwise live.

 

The limit of viability for the unborn, using current medical technology, is 20 to 23 weeks gestation.  There have been reports of survivors born before this time. Who will be surprised when the limit moves even farther back? What will history say about us?

 

In fact, here in Texas, we have made it clear with our Prenatal Protection Act of 2003, spurred on by the deaths of Lacy and Connor Peterson, that our definition of individual (or person) includes all humans from fertilization to natural death.

++ Download the free Real Player app, open the video and then pull the timeline cursor out to 6:05. More Committee and Session videos are available at the Texas Legislature Online site.

*(Gosnell is accused of killing the babies who survive, of committing abortions after the legal age limit, and of mutilating the bodies of the babies after they were dead. One gruesome account is here.)

Texas will pay for destructive human embryo cloning at Texas Universities

The Committee Substitute was passed this afternoon with 9 yes votes in the House State Affairs Committee. The Chairman of the Committee, Byron Cook voted “yes,” after assuring the Committee that the Bill (which is not available online or in the Committee) will not outlaw human cloning at Universities.

Voting “no” were four brave Republicans – I’ll list them all as soon as I can verify and make sure I don’t miss anyone. Unfortunately, some of our conservative members weren’t present. I will also name them when I can do so without missing anyone.

I worked with Representative Raymond’s office to come up with good definitions, but I don’t know how much of those definitions made it into the final Bill.

Luckily, in spite of the lies we’ve read over the years, no one has yet been able to clone a human embryo.

What is now encouraged is the purposeful creation of a human embryo by cloning. The embryo may never be implanted, but the Bill declares that the nascent human should be killed and broken up

 

You decide: Physician-Assisted Suicide — NEJM

You can comment, let the New England Journal of Medicine editors and the world know your thoughts.

Do you believe that Mr. Wallace should be able to receive life-terminating drugs from his physician? Which one of the following approaches to the broader issue do you find appropriate? Base your choice on the published literature, your own experience, and other sources of information.

To aid in your decision making, each of these approaches is defended in the following short essays by experts in the field. Given your knowledge of the patient and the points made by the experts, which option would you choose? Make your choice and offer your comments at NEJM.org.

via Physician-Assisted Suicide — NEJM.

My opinion is that poisoning Mr. Wallace, or writing the prescription so that he can attempt to intentionally commit suicide, is a direct infringement of Mr. Wallace’s inalienable right not to be killed.

Lieutenant Governor David Dewhurst

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Talking about Texas’s history of conservative pro-life and pro-family laws.

Texas Alliance for Life Leadership Luncheon

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Joe Pojman, standing at the podium. Our President, Davida Stike is seated at the head table. Next up, our Lieutenant Governor, David Dewhurst.

Happy Easter!

Jesus lives! And it’s a good day to remember His love for us, which led Him to become Emmanuel and give His sinless life for us. The tomb is empty and death is conquered.
Love you all in His name.

painkiller-poster_vert-41d783296ca44c5e35a435dd8c25bf5217907c5e-s31.png (PNG Image, 462 × 616 pixels)

Why is the City doing this?  painkiller-poster_vert-41d783296ca44c5e35a435dd8c25bf5217907c5e-s31.png (PNG Image, 462 × 616 pixels).

North Sound Morning

Woke twice last nite to check the anchor and for what I thought was rain.
Now watching the other boaters get around.

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Time for breakfast!

Back to Basics on Texas Advance Directive Act

Laws relating to ethics debates are generally behind medical advances. This is good because it means that there *are* medical advances.

 

However, the debates often become emotional and heated, and the individuals who are affected face real dilemmas and emergencies. When law-making is controversial, it’s best to go back to the basics of ethics for guidance: the inalienable rights to “Life, Liberty and the Pursuit of Happiness,” the Declaration of Independence, and Constitution.

 
All laws limit our rights, but good laws strike a balance between seemingly conflicting rights: they are meant to prevent one person from harming another. Most laws prohibit or punish harmful actions, they don’t *compel* a desired action against our will. Nor do they prohibit actions based on thoughts and opinion. In other words, laws prohibit harming or taking from another, but they usually don’t make you protect, nurture or give to another.

 
However,since the right to life trumps the right to liberty and property, there are very rare circumstances when it is appropriate for laws to compel individuals to act for the benefit of another. Parents are required to care for and protect their minor children. Doctors and lawyers must be licensed, obtain certain levels of education, and follow specific, positive actions when they wish to withdraw from a professional relationship with a patient or client. These laws should only go so far as to protect the life and safety of the vulnerable, for a limited time with the goal of allowing safe transfer of the obligation of the person with more power to someone else.

 
On Tuesday, March 19, 2013, the Texas Senate Health and Human Services Committee, under Chair Senator Jane Nelson, heard testimony on two Bills that would change TADA: SB 303 from Senator (Dr.) Bob Duell’s  and SB 675 by Senator Kelly Hancock.

 
The Texas Advance Directive Act of 1999 (TADA), in addition to describing “Advance Directives to Physicians” (a “Living Will),  was an attempt to outline the procedure for resolving the disagreement between a doctor and patients or their surrogates regarding end of life care.

 

When I first read the Act, I (naively) thought it was malpractice protection for doctors who did not want to withdraw or withhold care, such as the Houston Methodist Hospital doctors who invoked the act when they repaired Dr. Michael Debakey’s aortic aneurysm against his previously stated wishes – http://www.theheart.org/article/762619.do – in 2006.

 
Most of the time, however, TADA is invoked in cases when the attending physician disagrees with a request to actively administer medical treatment that he or she believes is medically inappropriate. The steps laid out in the law involve the doctor’s notification of the patient or the surrogate, rules for assisting with transfer of care to another doctor who believes the treatment request is appropriate, and convening an ethics committee at the hospital. If there is no other willing doctor can be found and the ethics committee agrees with the doctor, the treatment can be withheld or withdrawn. It does not allow patients to be killed by medicines.

 
Unfortunately, the Act has become known as the “Texas Futile Care Law,” and divides even the pro-life community. One side says doctors and hospitals have too much power and are killing people. While I’ve heard horror stories about doctors who have abused or broken the law, I maintain that there is no “Futile Care Law,” only a difference of opinion as to who should decide what is medically appropriate treatment. In the few cases that have come under the Act, patients and their advocates report trouble finding other doctors willing to provide the treatment the first doctor thought was inappropriate. In my opinion, that difficulty is due to physicians’ common education and shared experiences.

 

 

Although TADA lays out requirements for hospitals and hospital medical ethics committees, the fact is that it applies to the “attending physician” who could be forced to act against his conscience. Texas law is clear that only doctors may practice medicine by diagnosing and treating patients directly or “ordering” other medical personnel. These treatments are not one-time events and they aren’t without consequences. They are interventions that must be monitored by observation and tests, and adjustments need to be made so that the treatment is effective and not harmful. Medical judgment is how doctors utilize our education, experience, and consciences as we plan and anticipate the effect of each medical intervention.

 

 

Senator Duell’s Bill, SB 303, significantly improves TADA. Among other things, the Bill would add protection of the patient’s right to artificially administered hydration and nutrition, increased access to assistance, records, and time before and after the ethics committee meeting, and prohibits so-called “secret DNR’s.”

 

 

Senator Hancock’s Bill, SB 675, focuses on the intentions and motives of the doctor, requiring the medical committee to decide whether the disagreement is due to: “(1) the lesser value the physician, facility, or professional places on extending the life of an elderly, disabled, or terminally ill patient compared to the value of extending the life of a patient who is younger, not disabled, or not terminally ill; or “(2) a disagreement between the physician, facility, or professional and the patient, or the person authorized to make a treatment decision for the patient under Section 166.039, over the greater weight the patient or person places on extending the patient ’s life above the risk of disability.”

 

 

Our laws normally prohibit actions and only very rarely compel people to act. Under the conditions laid out in SB 303, the doctor can be forced to act against his conscience and best medical judgment, but only for a limited, stated time. SB 303 improves the Texas Advance Directive Act by protecting the patient’s access to artificially administered hydration and nutrition. It also adds time to prepare for the ethics committee meeting and to transfer care a new doctor. It is an attempt to balance the patient’s wishes for medical intervention with the right of conscience of the doctor. In contrast, SB 675 would attempt to legislate intentions or thoughts, with none of the added protections of SB 303.

 

 

Edited 4/27/13 to fix the link to the article about Dr. Debakey and 4/30/13 for grammar and formatting – BBN.

 

Using Stem Cells To Identify Better (And Cheaper) Drugs – Forbes

Non-destructive induced Pluripotent Stem Cells used to test new drugs:

Rubin works mostly with iPSCs, derived from real patients. If his lab can develop drugs that they can identify in a screen as candidates that might be useful, they can test them across ranges of patients –many individual patients.

“And that can pretty much only be done, practically speaking, using an iPSC approach,” he said.

“So, as an example, we discovered a compound, something we were excited about for ALS. Kevin Eggan (also at HSCI) and I collaborated to test that compound on 60 different motor neurons in parallel, using a very interesting technology we developed in my lab from live cell imaging which was required.”

via Using Stem Cells To Identify Better (And Cheaper) Drugs – Forbes.

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