Beruflich Dokumente
Kultur Dokumente
Proposition 1:
YES
Proposition 2:
NO
Proposition 45:
YES
Proposition 46:
NO
Proposition 47:
YES
Proposition 48:
NO
Ballot Recommendations
PROPOSITION 46: Drug and Alcohol Testing of Doctors. Medical Negligence Lawsuits. Initiative Status.
Recommendation: OPPOSE
This proposition is being offered as a consumer/victim benefit to raise the cap on MICRA, the 1975 Medical Injury Compensation Reform Act. Set
at $250,000 when passed, MICRA caps on pain and suffering a major tort reform today is equal to about $57,000. There is little question that
such an increase for people needing permanent or long-term care should be reviewed.
However, that is not the meat of this proposition at all. The full weight of the propositions language is about presumptive addiction in medical
personnel. The sponsors insist that preventable medical errors cause 440,000 deaths nationally per year while other sources rate it at about 98,000.
There is an equal assertion in the proposition that one-third of all physicians will, at some time in their lives, have an alcohol or drug impairment.
This sole source, Annals of Internal Medicine, 2006, is at odds with other research and has clearly been selected to strengthen the argument. More
to the point, there is no support for the assertion that substance use and medical error are linked.
Much preventable medical error comes from the fact medicine itself is imperfect. It is often linked to the use of pharmaceuticals or devices that are
later found to be inherently dangerous or inappropriate for any given person. Asserting that the insobriety of our medical personnel is the main
cause for avoidable deaths simply does not stand up to scrutiny.
By demanding routine drug and alcohol testing of doctors, we make a presumption of guilt. The Medical Board of California routinely suspends
or disciplines impaired physicians giving evidence that this is not thehiddenproblem asserted by the proposition. Therefore, testing is a violation
of Fourth Amendment rights and cannot in any way prevent the other factors from entering into the creation of avoidable medical errors.
Furthermore, Section 1714.85 asserts thereshall be a presumption of professional negligence in any action against a health care provider arising
from an act or omission by a physician or surgeon who tested positive for drugs or alcoholeven if the cause has nothing to do with that individuals
acts. There is no alternative suggested for diversion and treatment of those who do have problems; suspension and dismissal are the only remedies
even where no harm has occurred.
Finally, because one author of this proposition lost his children to a prescription-drug addicted driver, the proposition adds Section 11165.4
in the Health and Safety Code that creates a database of all pharmaceuticals any individual receives. This would be a centralized, state-managed
base. It would not be confined to your individual health provider but open to any medical practitioner. Doctors would be prohibited from issuing
new prescriptions for painkillers to anyone with an existing prescription. Under this directive a person with a new injury or condition could
conceivably be refused painkillers simply because they had one fairly recently. The data bank would violate HIPPA Health Insurance Portability
and Accountability Act that supposedly renders ones medical history private and imposes a non-medical standard on the treatment of patients
thereby removing all discretion from physicians.
In sum, this effort to prevent medical error and the presence of impaired drivers on our roads targets the wrong issues and creates a both a
presumption of guilt and punitive actions that will impede good health care and will simply inject more distrust and fewer solutions in our health
and judicial systems.
PROPOSITION 49
Removed from the ballot by court order.
For more information and the latest updates, please visit www.churchimpact.org
Rev. Dr. Rick Schlosser
Executive Director
Elizabeth Sholes
Director of Public Policy
www.churchimpact.org
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