Tag: Drugs

  • The Importance of Randomized DOT Drug Testing

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    Catch Drivers Off-Guard

    There is a reason for randomizing the DOT drug testing. If drivers know when to expect the drug test every month or every quarter, they’re going to know when to stop using drugs, if they are using. They will know exactly how long it takes to flush out of their system in order to get a negative result.

    By randomizing it, you catch drug abusing drivers off guard. They never know when you are going to call them in for a drug test, and therefore if they are using, you are likely going to catch it. This will allow you to learn more about your drivers and keep the roads safe. If for any reason you catch an employee who is using, you will be able to apply the necessary disciplinary action, which can include termination.

    Deter Drug Users

    You want to be smart about who you bring onto your team. You don’t want drug users and therefore, you may be able to detect any of them when you announce that you offer a randomized DOT drug testing. The moment they hear randomized, they know they will not be able to beat the system. Therefore, they are likely not even going to apply to your company – they will move on to someone who has yet to randomize their testing.

    Ensure No One is Being Targeted

    Employees often like to say that employers play favorites. This is something you have to be extremely cautious of. If you don’t randomize your drug testing, it’s likely that someone will feel as though they are being targeted. Particularly if you have a third-party running the program, no one will be able to claim such a thing.

    It Allows You to Be Complaint

    The DOT wants to be sure that you are running the best program possible. This means that they want you to be randomized, and being compliant is of the utmost importance. If the Department of Transportation decides to conduct an audit on your location and you are found to not be randomizing your DOT drug testing, you could be fined.

    In the end, there are plenty of reasons as to why you want to conduct a randomized drug test. Whether you are a large company or an owner-operator, you need to remain compliant. This doesn’t have to be a task that you do completely on your own. Assistance is available to conduct all of the drug testing, and manage the entire program, should you desire.

    Take the time to explore your current system and determine whether it is running effectively or not. If you aren’t randomizing the drug testing, get started right away. If you are inundated with the process, seek assistance.

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    Source by Jeff Weigang

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  • Life Lessons Learnt Post Drug Detox

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    Drug addiction is a chronic illness that brings misery not only to the life of the individual addicted, but also to his or her loved ones. In recent years, drug addiction has become a matter of serious concern for the United States as a large number of young adults in the country are getting addicted to prescriptions drugs and illegal substances at an alarming rate.

    The “drug culture” rampant in the American society takes a heavy toll on the people’s personal as well as professional lives. Sometimes, the influence of the drug can be so strong that it may lead to several other serious issues, such as increased risk for physical and mental ailments, suicidal thoughts, and even death.

    However, drug addiction is a preventable and curable disease that can be treated with medications and counseling. Medical detoxification is the first step toward quitting the vice of addiction and leading a productive life. Though the detox process is essentially aimed at removing toxins from the body after a long-term drug use, it teaches some incredible life lessons along the way.

    Listed below are some of the lessons that people learn during drug detox in a rehabilitation program, which can be carried out for many years to come:

    1. Addiction does not discriminate

    Drug addiction can affect anybody regardless of age, gender, ethnicity, race, or even socio-economic class. Often starting as an experiment, people gradually cross the illusive line of addiction, from where there is no turning back. However, the good news is that an effective detox program can help such people get rid of the devastating habit.

    2. Increasing awareness about addiction is important

    Being aware about the ways in which a particular drug can affect an individual and knowing about the legal repercussions of its addiction can motivate a person and his or her loved ones to stay away from the drug. Also, being aware of the right detox program is important to ensure a speedy recovery for a person who is already in the clutches of destructive drug use.

    3. Addiction leaves one lonely

    Drug addiction is a chronic illness that makes an individual live in solitude. Those fighting substance abuse disconnect themselves from the external world and stay aloof from friends, relatives and other loved ones. Undergoing a detox program teaches a person to make friends, lead a social life and engage in healthy habits.

    4. Self-care is essential

    Taking care of own body and mind is important to keep oneself fit and healthy. This is also required to ensure that a vulnerable individual does not get trapped into drug addiction, and continues to lead an addiction-free life post detox.

    5. Running away from stress does not prevent drug addiction

    For many individuals, addiction generally develops when they feel low, sad or depressed. However, in a detox program, a person comes face-to-face with such negative emotions and makes efforts to develop “emotional sobriety” first, in order to lead a drug-free life.

    Leading a drug-free life is possible

    Abusing any form of drugs, including prescription drugs, is illegal and can deteriorate the life of any individual. A comprehensive detoxification is a must in every drug rehabilitation program as it prepares the patient for further treatment procedure. The complexity of detoxification depends on the nature and length of the abuse.

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    Source by Barbara Odozi

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  • Does God Heal Today?

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    I’d never faced this decision before… I didn’t know what to do. When I was first diagnosed with the HIV virus, I read innumerable articles on it and later suffered from an information overload and depressing confusion. One article would speak in favor of taking the highly toxic HIV/AIDS medicines, and then I’d read another one that spoke against it with just as convincing of an argument.

    As a Church of God member, I knew we encourage members to have faith in God and teach doctors have their place but that it is very limited. As I told my doctor: “Miracles have no side effects and are for free.” We’re all familiar with the poor lady in the scriptures who spent all she had on doctors and wasn’t any better for it and then Jesus mercifully healed her.

    I cried out to God: “I don’t know what to do. What should I do? I know you can heal me, but what am I supposed to do for myself?” And shortly thereafter called my mother, who simply said: “You could always try the medicines and if you don’t like them, you can always stop taking them.” How logical!

    I immediately began my HIV drug therapy, my AIDS “cocktail.” I know some who have taken meds with few side effects but I could hardly walk when I first started — it was worse than being a staggering drunk — and the nightmares were out of this world…when you finally fell asleep. Later I regained my balance but the nightmares, nightsweats and irritability continued. I would be drenched like I had just gotten out of the shower and I would have some tingling in my arms and legs. Regardless, I strictly adhered to the program for over a year and then said enough was enough. I admit it reduced the HIV viral load to “undetectable” (although it’s still lurking).

    I decided I wanted quality over quantity of life. I would rather feel good for less years than have more years in misery. At least that sounded good. Again, I saw stories on television about others who praised the meds and were near death and bounced back, but one thing is sure: everybody is an individual and everybody must make up their own mind about whether or not to take medicines.

    My infectious disease doctor wanted me on the meds and encouraged me to try another regimen. So I tried nine pills a day of this with two a day of that and endured for several weeks and then said I would rather be dead and stopped again. Later I went on other drugs, and took Bactrim to fight off infections and although I didn’t have any serious side effects, I just didn’t feel right. I actually felt so much better off the drugs!

    So I created my own program: on drugs for 6-8 weeks to knock my viral load down (because I start to get scared as it escalates) and then go off them. I discovered it’s called “Systematic Treatment Interruption” which some studies suggested was good but now the consensus appears to be it’s bad, although I’m skeptical about the lucrative drug industry, a view that has been reinforced by Dr. Peter Duesberg.

    I’ve seen Scriptures where God promises to forgive all your sins and heal all your diseases (Ps. 103:3), and wonder why God hasn’t removed this self-inflicted dreaded disease from me since I have confessed and forsaken my sins (Jer. 30:15, 17). (Some have diseases through no fault of their own). I also know AIDS has helped me to stay celibate, as the Bible prescribes for all singles, and that God says, “My grace is sufficient for you” (2 Cor. 12:9).

    I’ve had miraculous answers to prayer; I’m confident God can heal:

    “I shall not die, but live and declare the works of the LORD. The LORD has chastened me sore, but He has not given me over to death” (Ps. 118:17-18).

    Thy will be done.

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    Source by David Ben-Ariel

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  • Health is Wealth – Do You Agree?

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    I agree whole-heartedly with the saying “Health Is Wealth”. If a person is not healthy then he or she will find it very difficult or even impossible to enjoy life, even though he or she may be very rich.

    If I am asked to choose one from two of the following things, which will I prefer: health without wealth, or, wealth without health? Without hesitation I will choose the former. There is no doubt.

    Wealth is generally associated with how much money a person has, that is, how rich he is. An uncle of mine is very rich. He has just about everything anyone can hope for, and some things no one dares to hope for. That is how rich he is. He lives in a huge mansion guarded by huge dobermans and sophisticated burglar alarms. He has expensive cars, furniture, paintings and other rich man’s toys. Well, he has everything except good health.

    Everywhere he goes he carries with him a bag of medicine. He has to take pills everyday for his weak heart, diabetes and hypertension. He is about sixty years old and has spent his life accumulating wealth. Without doubt he has succeeded in becoming very rich. However he has also succeeded in becoming very unhealthy too. He laments about his lack of health and says that how he wished that he was young and healthy again. Unfortunately, he cannot regain his health again.

    This example of wealth without health is not what I want to follow. It is ridiculous to have so much material wealth but being unable to enjoy it. What is the use of money when one has to take so much medicine everyday just to stay alive? How can one enjoy life when one’s body is weakened by disease and pain? No wonder my uncle laments so.

    Health without wealth is far better. That is what I have now. I do not have to worry even a bit about what I can eat or do. I eat and do what I like because my body is healthy. Of course I do not abuse it by taking drugs or overexerting myself. I take good care of my body. In that way I stay healthy.

    With health I can go about my work with joy. If I become rich, then that is fine. Then again, I may lose my riches, but that is all right too. I can always do the things I enjoy whether I am rich or not. I can play games, swim in the sea, climb hills, eat delicious fruits and appreciate the things of this beautiful Earth. This is indeed wealth – to be healthy and joyous.

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    Source by Ashley Wong

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  • How Smoking (Drug Abuse) and Drinking (Alcohol) Affects Your Academic Performance

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    One day, Barack’s mother, Ann Dunham marched into his room, wanting to know the details of Pablo’s arrest. “Don’t you think you are a little casual about your future?” she asked. “What do you mean? he responded. “Bar, you know exactly what I mean. Your friend Pablo was just arrested for drug possession, and your grades are slipping. You haven’t even started on your college application.”

    Barack Obama was a serious and brilliant student before he gained admission into Punahou School, Honolulu. In this school, he joined the “Choom gang”. It was a self-named gang that spent time together drinking alcohol, smoking marijuana and sniffing cocaine. Drugs made the choom gang popular in school. His relationship with the choom gang prospered, but his academics suffered. Drugs and alcohol made him lose focus. All he thought about was how to get high. He and his friends Ray, Pablo, Mark and others exhausted their time devising simply ways of doing drugs, which include total absorption (TA), the antithesis and the choomwagon. Reading was difficult because he was always high and confused. Indeed, he was heading towards becoming a junkie.

    His performance in school was a mess. Barack’s mother was right. His grades were going down every term. He was not even bothered about admission to college. All he thought was drugs because it was part of him. Truly, his friend Pablo was arrested by the police for drug possession.

    When pressure from his mum and his poor performance became unbearable, he thought about not going to college. Nevertheless, Barack’s mother kept encouraging him. She always told him that he could get into any school in the country if he just put in a little effort. Within him, he knew that the “effort” he needed was to quit drugs.

    He managed to graduate without mishap and was admitted into Occidental College in Los Angeles. Even without the choom gang around, Barack continued his drug escapade. To continue his education, Barack was transferred to Columbia University, New York.

    In New York, he decided to stop getting high. For the first time in years, Barack applied himself to his studies. He regained his love and strength for reading. Reading and understanding became easy because he was focused and at alert always. Barack began to trace out his future. It became clear that he had been wasting his precious time on drugs. He attended class regularly and soon graduated with good grades.

    “Using drugs and alcohol was a seriously misguided mistake. It was my greatest moral failure that could have destroyed my future. Maybe if I had not stopped doing drugs, I might have dropped out of school and wouldn’t have become the 44th President of the United States”, he once said.

    Lesson

    Drug and alcohol use on campus is universal. Students articulate many reasons why they do it, but most neglect to consider the academic and long-time consequences of their actions. Some are compelled to use drugs at social gatherings either because everyone else seems to be doing it or they believe it’s the cool thing to do. Others feel that drug and alcohol abuse offers an escape away from school or work-related stress, financial worries or relationship problems. Some feel that alcohol and drug abuse provide a way to compensate for feelings of shyness or low esteem.

    According to one study, 90% of teens said they have used alcohol; 50% have used marijuana; 17% have used cocaine, and 13% have used some form of hallucinogenic drugs. Drug use has been classified as a major problem of students as early as in primary 4. A recent report published by the Substance Abuse and Mental Health Services Administration suggests that adolescents who receive grades of D or below are more likely than those in good academic standing to have recently used cigarettes, alcohol and/or other illicit drugs.

    The new research is part of a large-scale study of health and development conducted in New Zealand. Researchers administered IQ tests to over 1,000 individuals at age 13 (born in 1972 and 1973) and assessed their patterns of cannabis use at several points as they aged. Participants were again tested for IQ at age 38, and their two scores were compared as a function of their marijuana use. The results were striking: Participants who used cannabis heavily in their teens and continued through adulthood showed a significant drop in IQ between the ages of 13 and 38-an average of 8 points for those who met criteria for cannabis dependence. (For context, a loss of 8 IQ points could drop a person of average intelligence into the lowest third of the intelligence range.) Those who started using marijuana regularly or heavily after age 18 showed minor declines. By comparison, those who never used marijuana showed no declines in IQ.

    Researchers studying the effects of alcohol use on the brain are aided by advanced technology such as magnetic resonance imaging (MRI), diffusion tensor imaging (DTI), position emission tomography (PET) and electrophysiological brain mapping (EBM) showed that long-term heavy drinking lead to shrinking of the brain which impairs learning, memory formation and retrieval. That is why most times we read and forget within a short period.

    The process of generating new brain cells (i.e., neurons) is called neurogenesis. High level of alcohol leads to a disruption in the growth of brain cells. The decline of the number of brain cells leads to problems in learning and behaviour. The number of brain cell a student possesses determines his level of understanding. A student who has a higher amount of brain cells will do better academically.

    Thiamine, also known as vitamin B1, is an essential nutrient required by the brain. Up to 80% of alcoholics have a deficiency in thiamine, which may lead to memory loss and mental confusion. It might also affect your attention and concentration. Substance abusers easily get distracted; misplace things, forgetting to keep appointments and so on. As the brain continues to adapt to the presence of the drug, regions outside of the reward pathway are also affected. Brain regions responsible for judgment, learning, and memory begin to physically change or become “hardwired.” Learning, reading, and comprehension becomes difficult because the brain had been wired to focus on alcohol.

    Alcohol can produce detectable impairment in memory after only a few drinks and as the amount of alcohol increases so does the degree of impairment. Large quantity of alcohol can produce a blackout or an interval of time for which the intoxicated person cannot recall key details of events or even an entire event. Think about how much study time you have lost because you were too hung-over the next day to go to class. Drug abusers oversleep and are always tired.

    Severe Hallucination is another problem faced by drug users. Most times they lose touch with realities during lectures or examination. Physically they are in class but mentally they are somewhere else. Academics requires both physical and mental alertness. Therefore, a “high” students can attend lecture but will derive nothing because he was busy building castles in the air. Hallucination leads to academic failure.

    Everyone who became a drug or alcohol addict started with “let me taste or try it.” Smoking cigarette or Indian hemp or drinking alcohol is not a sign of “big boy or big girl”. It is not a sign of maturity but immaturity. You should not please your company by abusing drugs or alcohol. Drugs and alcohol are slow poisons. It solves no problem, if you get high because of financial stress, relationship problems, shyness or peer pressure, after some minute, you will get low and the problem will still be there.

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    Source by Anyaehie George Kelechi

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  • How Do You Metabolize Your Emotions

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    Emotions are not something that you wear like makeup or clothing. Emotions are not something that you acquire like a rash or a physical injury. Emotions are not something that are part of you like your skin. Emotions are like food. You cannot move through your handful of days without eating from the human emotional banquet each and every day. This is an “All You Can Eat” sort of Cosmic buffet. It caters to one and all be they rich, poor, educated or illiterate, male or female. This emotional buffet cares not whether you are a Christian, Muslim, Buddhist or Jew.

    Many people forget that emotions, like nutritional food, are necessary for our very existence and well being, and like food, move through our system and hopefully become digested and metabolized. Too often though, we tend to hold on to our emotions for their metaphorical/symbolic significance. We often adopt our emotions like abandoned pets. We want to OWN them. Emotions MUST BE METABOLIZED and allowed to move through our entire system of consciousness. A person will often choose certain drugs like coffee, cigarettes, alcohol, chocolate as well as the more dramatic drugs, as a way of stimulating a specific emotional (or the memory of that emotion) response. These emotional memories are often selected as one would select an entree at a grand buffet. Often people will even come together and couple-up in an attempt to stimulate certain specific emotions within themselves as well as within the other.

    We are not our emotions. Our emotions are but a lingering trail of experiential sensation. Our emotions are like a foggy breath on a cold morning or like the trail of after images left by a flashlight as you attempt to write your name in the dark night sky. Emotion is not the object, it is not the event. When we experience something we have a “feeling-emotion” about it, there is a slight time delay there, where we can assign a level of magnitude to the emotion (remember the emotion is NOT the experience). But once we assign a value and magnitude to the emotion which trails after the experience, we own it. Then the experience will move on but we will be left with the emotion (and the memory of that emotion). It will have become the event. Often we become wrapped up in these trailing emotions like tangled balls of yarn, rope, or chain. Often we cannot even find an end. “When did this start?”, “How did I come to be so wrapped up in this emotion?”, “Where did I pick up this feeling about??” “How did I come to feel this way?” And a very popular one, “When will it end!” At the same time we are lamenting the presence of one emotion we are often creating others. We own them as if they were real estate! They are not real. But often we become collectors.

    Now how can we reduce our addiction to emotion, because that’s what it is, addiction. Drugs are merely metaphors for preferred emotional states. Most habitual behavior is a searching for an emotional memory. So how can we reduce our incessant quest for emotional memories. Quite simple. Sit down, get quiet and simply “watch” your mind. Simply observe it. Don’t argue, cajole or threaten. Just sit there and be quiet. It is an art of increasing the spaces, removing the old thought/image/emotions and not replacing them with…anything.

    Some call it meditation. Usually when meditating I notice long trains of thought and image. The other day I was sitting with myself, being empty, but actually watching the train of thought going by, when I noticed that, like a real train, there were small spaces between the thoughts. It was as if I was parked at a railway crossing waiting for a long train to pass. I could see the spaces between the cars. At first I was fascinated with the rolling stock. What were the logos on the sides of the cars, how were they different from one another, where were they going, where had they been? Gradually I began to move my attention into the spaces between the individual thoughts, between the cars and then suddenly-I was in the clear, on the other side.

    The lesson here is to go for the space and forget the content. Emotion is a process and not a product. Release the emotion, increase the space and embrace The Light.

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    Source by Jann Burner

    Views: 0

  • Nurture, Cherish & Heal – Living Well With HIV

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    Where there is life, it needs to be celebrated. Where there is hope, it needs to be nurtured. Where there is consciousness, it needs to be enjoyed.

    This becomes more important when someone is dealing with a life threatening disease like AIDS.

    Reiki does not claim to cure HIV. But it can go a long way in making the life of a person infected with AIDS, far better. From dealing with the trauma of the disease to helping minimise the side effects of medication, Reiki offers the infected person hope and strength – mental, spiritual and physical.

    Reiki works in partnership with conventional medical treatments, enhancing their efficacy and increasing their usefulness.

    How can Reiki help?

    Pain Management: Reiki can go a long way in helping with the physical symptoms of AIDS. Thousands of patients from around the world have benefitted from the healing touch of Reiki.

    Boosting the immune system: Reiki can complement the effect of various medications in helping to strengthen the immune system.

    Reduces Side Effects: Some of the drugs used in the palliative care of HIV patients can have quite a lot of side effects. Reiki can help in managing and reducing these effects.

    Counters Neuropathy: Approximately one third of people infected with HIV suffer from Neuropathy of one form or the other. Clinical studies have shown that Reiki can reduce the spasms caused by pain and help relax the muscles.

    Helps cope with the life changes: Often a person infected with HIV has to face not just the trauma of having a life threatening disease but also social stigma and ostracism. Reiki provides the ‘victim’ spiritual strength and wisdom to help cope with these life changes. It also facilitates better sleep, cures depression effectively and helps the person get a positive outlook in life.

    From self-healing to self-reliance: Reiki can be administered by a trained practitioner or the infected person himself. When the patient takes the Reiki training and heals himself, he feels more in control.

    So what is Reiki?

    Reiki is a laying-on-hands healing technique thousands of years old. It was rediscovered by Dr. Mikao Usui, a Japanese Buddhist, in the late 19th century.

    Reiki is the God-consciousness called Rei that guides the life force called Ki in the practice we call Reiki.

    Reiki is the non-physical energy that animates all living things.

    As long as something is alive it has a life force circulating through it and surrounding it.

    When it dies the life force departs. If your life force is low, or if there is a restriction in its flow, you will be more vulnerable to illness. When it is high and flowing freely, you are less likely to get ill.

    Life force plays an important role in everything we do. It animates the body and is also the primary energy of our emotions, thoughts and spiritual life. Reiki makes this life force available to us in abundance.

    Nurture your spirit, and heal your body with Reiki.

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    Source by Urvashi Puri

    Views: 0

  • Department Administrator Interference in the Doctor-Patient Relationship

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    I contacted a resident doctor in Internal Medicine at a teaching hospital and asked if he would be interested in becoming my primary care physician (PCP). My note briefly described my background in health outcomes research and two of my prescription drugs. He wrote back that he would be honored to be my PCP, and came across as professional, humble, and sincere. A new doctor-patient relationship was formed, and I contacted my existing doctor’s office to arrange for my medical records to be transferred, which immediately informed that office that I must be dissatisfied and going to a new doctor. I also shared with the resident doctor confidential information from my medical records and a copy of one of my professional presentations at a health care conference.

    A department administrator then contacted me to say the resident doctors are not available every day of the week for clinic and are not even here when they do their ICU rotation. Also, the Internal Medicine department protocol would not allow the resident doctor to write me a drug prescription for off label use. Finally, she was concerned that in the past I have ordered and correctly interpreted my own blood tests. The administrator’s attitude reflects one of the chief complaints Americans have with the health care system: the system is coming at them and requiring them to get health services in some predefined structure to which the facility is accustomed but which eliminate any potential for individualized treatment according to individual patients’ needs.

    Apparently the administrator did not spend enough “careful consideration” to get her facts straight. I do not need to see my PCP daily or even monthly. My track record shows I saw my existing doctor once in a calendar year, and the prior doctor before him I saw once in a 15-month period. So the administrator based her decision on her own ignorance of the facts.

    She also misstated facts concerning off-label prescriptions for drugs by resident doctors. One of the drugs we are talking about is Clomiphene. Both a resident doctor and an attending faculty physician at the teaching hospital advised me that they would be willing to write me (off-label) prescriptions for this drug, and the attending physician did indeed phone in a prescription for one of the drugs at my request. Similarly, the Dept. of Obstetrics and Gynecology (OB-GYN) advised me that their doctors, both resident and attending, have prescribed Clomiphene to patients. Therefore, residents in Family Medicine and OB-GYN (both primary care departments) can write prescriptions for Clomiphene, but “protocol” prevents residents in Internal Medicine (also primary care) from writing off-label prescriptions. What kind of a cockamamie rule is that? What, the residents in Internal Medicine are too dumb or too naive to understand off-label benefits of medicines?

    Finally, I had planned for my resident PCP to order and interpret blood tests each time I visited him. The administrator could have learned that fact if she had bothered to call or write me before jumping to conclusions and interfering in my doctor-patient relationship. I strongly reject the Director’s paternalistic view of medicine in which she feels she has to protect resident doctors from patients who order or interpret their own blood tests. These resident doctors are young professionals who have completed their medical degrees; they don’t need paternalistic oversight from a department administrator telling them who they can and cannot invite to be patients.

    Apparently, an overwhelming number of patients who visit this teaching hospital’s doctors want to be told what to do and how to feel. I am the exact opposite; I take personal responsibility for and manage my own health, which is strongly advocated under health care reform. Having a more equal, collaborative relationship with my PCP works for me, and that seems to be the true reason for the administrator’s interference. Studies show that medical malpractice rates drop with a non-paternalistic model of health care services. That fact of reducing litigation risks is pushing more health care systems across the country to migrate to a non-paternalistic model.

    LEGAL ANALYSIS

    I. Formation of Doctor-Patient Relationship

    The first question to address is whether, based on this fact pattern, a doctor-patient relationship was formed. When I gave the Internal Medicine resident doctor confidential information on two off-label drugs that I take, that act would be analogous to a prospective client approaching a lawyer with facts about his case to see if the lawyer will assist him. Contacting a lawyer this way does not create an attorney-client relationship. However, the lawyer is under an ethical duty to protect the confidentiality of the information shared by the prospective client. Similarly, the resident doctor was under an ethical duty to keep the information I shared with him confidential.

    When a lawyer responds to a prospective client, “I agree to take your case,” or “I will be your lawyer,” or words to that effect, then an attorney-client relationship is created, and the protection afforded to the client’s information rises to the level of constitutionally protected attorney-client privilege. In this case, when the resident doctor responded that he would be honored to be my PCP, we have offer and acceptance forming a contract. The offer-acceptance could be construed as my offering to be his patient, which he accepted, or his offer to be my PCP, which I accepted.

    But offer and acceptance are only two of the three required elements to form a contract. The third essential element is exchange of consideration, expressed in Latin as the quid pro quo. In this case, there were several separate exchanges of consideration that complete the formation of a contract and thereby render it enforceable in a court of law. Consideration is defined as some act or some transfer of an item from one party to the other, for which the receiving party had no legal right to otherwise obtain that consideration. There is no requirement that the consideration have intrisinc value. For example, the transfer of a scrap piece of paper can constitute valid consideration that renders a contract binding and enforceable.

    The initial disclosure of confidential information from my health history amounts to sufficient consideration. Second, the fact that both I and the doctor each began pursuing scheduling an appointment for me to see him is also consideration: neither of us had a prior legal right entitling us to that action by the other person. Third, when we continued to correspond after offer and acceptance, with additional information being shared back and forth, further consideration was exchanged. My sending the resident doctor a copy of one of my professional presentations was a fourth example of consideration. Finally, my request that my medical records be transferred to the resident doctor’s clinic constituted an obvious legal detriment based on reliance rendering the contract enforceable.

    If a lawsuit were filed for enforcement of this contract, I am confident that the plaintiff would overcome any attempt to dismiss the lawsuit by the teaching hospital’s attorneys based on the absence of a contract. Defendant might attempt to argue that no contract could be formed, because the resident doctor is not licensed. According to the website http://medical-dictionary.thefreedictionary.com/resident+physician, a “resident physician is a graduate and licensed physician receiving training in a specialty, usually in a hospital.” The resident’s licensing status would not prevent the formation of an enforceable contract, as we have in this fact pattern, for treatment in the supervised residents’ clinic.

    In court, we would pose a series of questions: 1) Is the resident a graduate of a medical school? Yes! 2) Was our conversation focused on health care treatment? Yes! 3) Does the resident see other patients (whether supervised or unsupervised) in the resident clinic? Yes! 4) Are the resident’s services billed to the U.S. government and to private insurers as the services of a doctor (not a student or a doctor’s aide)? Yes! 5) Did we both use the term PCP in describing our relationship? Yes. 6) Did the resident undertake to assist me in obtaining a medical appointment to see him? Yes! With these answers, any court of law is going to recognize if it looks like a duck, swims like a duck, and quacks like a duck, then it is a duck. Therefore, the defendant’s argument on licensing will be viewed as a red herring and will fail. In a similar vein, courts have noted “it is axiomatic that a doctor-patient relationship may arise from, briefly exist, and be limited by the unique circumstances presented in a transfer situation.” Sterling v. Johns Hopkins Hosp., 145 Md. App. 161 (Md. Ct. Spec. App. 2002). It does not matter how long the doctor has been seeing patients or how brief the contact with any given patient, a doctor-patient relationship can be formed.

    Selection of a PCP and other medical decisions are “core” private decisions. A fundamental tenet of privacy jurisprudence, as it has been applied to other types of personal matters, is that the individual most directly concerned is entitled to make and implement the protected decision autonomously and free from paternalistic government intrusion. See, e.g., Zablocki v. Redhail, 434 U.S. 374, 54 L. Ed. 2d 618, 98 S. Ct. 673 (1978) (decision to marry); Moore v. East Cleveland, 431 U.S. 494, 52 L. Ed. 2d 531, 97 S. Ct. 1932 (1977) (decision to live with extended family members); Griswold v. Connecticut, 381 U.S. 479, 14 L. Ed. 2d 510, 85 S. Ct. 1678 (1965)(reproductive choice). I would argue that the constitutional right to privacy also protects autonomy in selecting a PCP among a wide choice of available doctors, selecting which medications I want prescribed, and choosing what lab tests I want to order myself to monitor my health.

    In 2005, the Supreme Court of Arkansas provided the best statement in American jurisprudence on the elevated status of the doctor-patient relationship. The court noted the relationship of doctor-patient is unique. “The loss of this relationship, even temporarily, causes irreparable damage to the doctor and the patient. There is no adequate remedy at law because the loss is a loss of a one-time opportunity.” Baptist Health v. Murphy, 362 Ark. 506 (Ark. 2005)

    The court noted that the hospital had violated the Arkansas Department of Health rules and regulations for hospitals by failing to enforce policies that protected the doctor’s selection of patients and the patient’s choice of a physician. “We interpret this to mean that an otherwise qualified doctor must be granted access to his patient for the purpose of treating his patient, if that is what both the doctor and the patient want. Or, stated another way, a hospital cannot deny the services of a physician of the patient’s choice if the patient is already being seen by physicians at the hospital. Baptist Health v. Murphy, 362 Ark. 510-511 (Ark. 2005)

    Based on reading Baptist Health, I will now forward a copy of this article to the state Department of Health to determine whether the teaching hospital violated any of my state’s regulations requiring Tennessee-licensed medical centers to have policies or bylaws that respect the patient’s right to select his own physician. If so, then the teaching hospital is violating those regulations.

    II. Tennessee’s Tortious Interference Statute

    Tenn. Code Ann. § 47-50-109 is captioned, “Procurement of breach of contracts unlawful – Damages.” The administrator tortiously interfered in my doctor-patient relationship and prevented the resident doctor from performing his services under our contract. She therefore procured a breach of that contract. The administrator will argue that she was merely performing her duties, but that is no excuse for interfering in an existing doctor-patient relationship.

    Although Tennessee jurisprudence does not have a case on point, courts across the country have taken a dim view and expressed disapproval of employer interference in the doctor-patient relationship. For example, the U.S. Supreme Court stated, “The ethical objection has been that intervention by employer… makes a tripartite matter of the doctor-patient relation. Since the contract doctor owes his employment and looks for his pay to the employer… rather than to the patient, he serves two masters with conflicting interests.” United States v. Oregon State Medical Soc., 343 U.S. 326, 329 (U.S. 1952).

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    Source by Michael Guth

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  • Conservative Radio Host’s Prescription Drug Addiction Story

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    In recent years, the prescription drug addictions of many public figures have come to light. One of the most tragic personal prescription drug addiction stories in recent years is that of radio commentator Rush Limbaugh. He achieved a level of fame, wealth, and influence that most people would envy, but he dealt with a privately devastating prescription drug addiction.

    Rush Limbaugh is a prominent conservative talk show host and author. Around 20 million listeners tune into his radio show Monday through Friday. He wrote several books that have become bestsellers and have sold millions of copies. His conservative opinions (including calls for personal responsibility and clean living) and quick wit made him a national superstar; many people were shocked when it developed that he was addicted to drugs, himself.

    In October of 2003, Palm Beach County Police linked Rush Limbaugh to the illegal black market of prescription drugs. Limbaugh admitted that he had become addicted to prescription pain medication several years earlier, when he underwent a spinal surgery. The surgery was unsuccessful and the radio commentator continued to experience excruciating pain in his lower back and neck. He claimed that he checked himself into treatment centers on two previous occasions to try to quit using the pain pills.

    Though Limbaugh spoke out against drug use many times on his radio broadcast, he came clean about his own problems soon after the story broke in other news outlets. He made no excuses for his addiction and entered a treatment center for a third and final time.

    Rush Limbaugh has since returned to his radio show and claims that he is now drug free, but the ordeal lost him the respect of some of his former listeners and provided those who disagree with his views evidence that he is a hypocrite.

    While Rush Limbaugh recovered relatively quickly from his addiction, he went through many hard times before being able to cure his addiction, and the severe hearing loss he suffered was likely a result of the drugs he was taking. The hearing loss seems to have been adequately resolved with the use of a cochlear implant. However, many personal prescription drug stories do not end as well as Limbaugh’s; some end in death.

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    Source by Damian Sofsian

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