Posts Tagged ‘Informed consent’

Illinois Department of Public Health: 5 things to know about psychotropics (including the right to informed consent)

Tuesday, October 27th, 2009

Illinois Dept. of Public Health
Chicago Tribune
October 27, 2009

Your rights: Nursing homes cannot give a psychotropic drug without a doctor’s order, informed consent and an adequate diagnosis, according to federal and state regulations. Drugs cannot be administered simply because a resident is disruptive or restless. Rules and guidelines dictate that staff must first try to calm patients; root causes of agitation, such as an infection, must be ruled out. When drugs are given, facilities must check for side effects and reduce dosages when possible.

The consent: Consent forms must be signed by patients or someone with power of attorney. In general, consents must say what drug will be given, how much and how often. If a doctor wants to add a drug, the consent must be re-signed. The patient must be fully informed of risks.

Read entire article: http://www.chicagotribune.com/health/chi-nursing-home-tips-27-oct27,0,7460931.story

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Congressman Ron Paul’s Parental Consent Act

Wednesday, October 14th, 2009

Ron PaulBy John Breeding
Psychologist, Author, The Wildest Colts Make the Best Horses

On April 30, 2009, Congressman Ron Paul introduced H.R. 2218, known as The Parental Consent Act of 2009.

The bill forbids federal funding for universal or mandatory mental health screening, and also forbids money for any educational or other government agency that would use a parent’s refusal to consent to their child’s screening as basis for a charge of child neglect or abuse.

Click here for video interview with Kent Snyder, Ron Paul’s Presidential Campaign Manager, speaking about why Congressman Paul introduced the Parental Consent Act.



A little recent history is relevant. On April 29, 2002, President George Bush created the New Freedom Commission on Mental Health. In 2003, this industry-studded commission presented their recommendations for the reform of the United States mental health system.

“To aid in transforming the system,” the authors of the report wanted to do many things, including:

  • Improve and expand school mental health programs.

  • Screen for co-occurring mental and substance use disorders and link with integrated treatment strategies.

  • Screen for mental disorders in primary health care, across the lifespan, and connect to treatment and supports.

This rhetoric serves to hide the truth that New Freedom is better called No Freedom or New Intrusion, and that mental health screening really means mass marketing and target recruitment of a captive population.

By the time of these New Freedom Commission recommendations, there already existed very large numbers of citizens around the country wising up to the extraordinary intrusion of psychiatry into our schools, as demonstrated in the first four years of this millennium by a number of resolutions, education department statements and state laws, all defending a parent’s right to make treatment decisions for a child without coercion, and a child’s right to education without psychiatric labeling and drugs.

Through 2003, there had been at least 46 state bills or resolutions supporting parental choice, in 28 states, that had either passed or were still pending action across the United States.  For example, Connecticut, Minnesota and Texas had passed laws explicitly stating that a parent’s refusal to consent to the administration of a psychotropic drug to a child does not constitute neglect, therefore is not in itself grounds for Child Protective Services (CPS) investigation.  Other states have passed related laws either monitoring or curbing CPS policy in this area.

Many states are pursuing related legislation as the wave of activity in support of parental choice continues to expand.  Texas law now prohibits school personnel from suggesting a diagnosis or recommending a psychotropic drug to a parent for their child.  The public will is clearly for the schools to educate, not medicate, and for the state to allow privacy and autonomy to parents and families.  At a federal level the fight over the Child Medication Safety Act was eventually won so that nowhere in the country is it legal to require a psychiatric controlled substance as a condition of attending school.

Ron Paul has been a key leader in this effort for some time.  On October 6, 2004, he introduced an earlier incarnation of his current Parental Consent Act.  This one, aptly titled the Let Parents Raise Their Kids Act, also attempted to forbid federal funds from being used for any universal or mandatory mental-health screening of students without the express, written, voluntary, informed consent of their parents or legal guardians.

Since that time, the fight has only intensified.  In 2005 in Texas, for example, we fought tooth and nail to the bitter end to defeat a bill that would have initiated mental health screening in schools throughout Texas.  Since we have defeated them consistently, this session they tried to get a pilot program approved for San Antonio and we defeated that as well, but the psychiatric and pharmaceutical lobbies are relentless.  PsychSearch.net provides one of the best websites on mental health screening and the ongoing resistance. 

We have been aided by our awareness.  Made possible largely by the work of Pennsylvania whistleblower Allen Jones, we know that many of the New Freedom commissioners are linked directly or indirectly to the Texas Medication Algorithm Project (TMAP), which provides formulas recommending specific psychotropic drugs to treat various “mental illnesses.”  It has been revealed that TMAP pushed an off-label drug marketing scheme that appears to skirt federal law.  We know, therefore, that this commission’s recommendations are intended to encourage an expansion of the fact that “appropriate services” in today’s psychiatric world means psychotropic drugs; there are already millions upon millions of school-age children on psychiatric drugs.

Senator Charles Grassley’s work outing the severe ethical financial conflicts of so many psychiatric industry spokespersons makes it a little easier to challenge these things.  For example, it tends to impress legislators when they hear that three psychiatry department chairs—Charles Nemeroff of Emory University ($1 million from GlaxoSmithKline alone), Martin Keller of Brown University (associated with a severely compromised drug trial) and Alan Shatzberg of Stanford (who was principal investigator on a drug developed by a company in which he owned $6 million of stock) have all recently resigned their positions as a result of Grassley’s investigation.

The very high number of false positives in mental health screening is good data.  In one study at Columbia University, the authors concluded that use of the Columbia Suicide Screen would result in 84 non-suicidal teens being referred for further evaluation for every 16 youths correctly identified.  It also helps to know that these type programs tend not to work anyway.  For example, the United States Preventive Services Task Force (USPSTF) found that screening for suicide risk does not reduce suicide attempts or mortality.

Finally, the facts about the severe dangers and lack of efficacy of the various types of psychiatric drugs gets attention once the truth is made known.

I consider this to represent a tragic situation, and a clear and present danger to our children.  Here is a pledge that thousands specifically signed and that so many more are acting on in the concerted challenges around the country to this scourge:

We promise to actively resist further intrusion of psychiatry into the public schools, and will not cooperate in any way with those who act as agents of this wrong-headed government initiative.  We do not now and will not later consent to the psychiatric or psychological testing of our children by those who act as agents to implement New Freedom recommendations for universal mental health screening of our children.

The Parental Consent Act of 2009 is a great idea. Passing this bill in Washington would make a significant difference in protecting children and families against further intrusion of psychiatry into the schools. I know it would also make this Texas activist’s life a little easier!

John Breeding, Ph.D. has been a counseling psychologist in Austin, Texas for 25 years. He is the director of Texans For Safe Education, a citizens group dedicated to challenging the ever-increasing role of psychiatric drugs in schools.  He is the author of numerous articles and four books including: The Wildest Colts Make the Best Horses and True Nature and Great Misunderstandings: On How We Care For Our Children According To Our Understanding.

Click here to read The Parental Consent Act

Contact your member of Congress to support The Parental Consent Act. To find your Representative and get their contact information, go to http://www.congress.org/congressorg/directory/congdir.tt to look them up (you need to enter your zip code).

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INFORMED CONSENT: How to make sure you’re getting quality medical care

Monday, August 3rd, 2009

Informed ConsentBy Moira Dolan, M.D.

Quality of health care is a big topic these days; with the majority of news stories covering how we are all going to get our hospital bills paid and our prescriptions filled. But there is a conspicuous absence of any discussion of over-treatment and the over-selling of false diagnoses and dangerous prescription drugs.

It is the responsibility of you, the consumer, to find out about the diagnosis, tests and treatments that are offered. Once you have full information, you can make decisions about accepting it, or not. This is called Informed Consent.

When you are given a diagnosis you need to know the actual physical evidence for it. You don’t want someone’s opinion if you have cancer, do you? You want to know what the biopsy showed under the microscope.

In the case of medications, the minimum your doctor should tell you is based on the information made generally available by the drug manufacturers. However, you should expect that your doctor is aware of any pertinent medical issues beyond what the pharmaceutical companies tend to provide.

This is the minimum your doctor should explain:

What is the evidence for the diagnosis?
How does the treatment affect the body?
How does the treatment affect the mind?
What unwanted effects may occur?
Is it approved by the FDA for your condition?
What is known and not known about how safe it is and how well it works?
What are the alternatives, including the option of no treatment?
Does your doctor or the clinic have a financial interest in pushing the diagnosis or treatment?

You can make your doctor work for you. Demand information and get key questions answered. Doctors are supposed to give every bit of this full information to each patient they diagnose, test, operate on or prescribe for. In fact, they are required to do so by federal guidelines, state statutes and medical society ethics codes.

Your role in the process is to get any questions answered. Then you can carefully consider the information you have been given. You may feel more comfortable taking the information home before making a decision about agreeing to the proposed treatment.

Be a part of the decision-making process when your doctor offers a drug:

Get a thorough understanding of what he or she is prescribing and why.

Ask exactly what the drug is and why it has been chosen for your condition. How does it work?

Find out if it is new on the market. If so, why was it chosen over older drugs?

Find out if the drug is safe to take:

How will this drug interact with your other medications or over-the-counter drugs or natural remedies you are taking?

What does your doctor personally know about the safety of the drug? How long was it tested? How long were patients followed after taking it to determine if they developed bad effects? Has the FDA published any reports of adverse effects?

Why is a new drug being prescribed instead of an older similar drug with a proven safety record?

Ask about how well it works:

Has the proposed drug been proven to be effective for your particular condition?

What is the drug effectiveness in comparison to no treatment; in comparison to older drugs; in comparison to alternate drugs; in comparison to non-drug treatments such as diet, rest, and vitamins; in comparison to herbal or natural remedies?

If your doctor provides any of the following answers, it should give you strong reservations about accepting the diagnosis or taking the drug:

There is only a checklist of symptoms or other peoples’ opinions to make the diagnosis. There is no abnormality of blood, tissue or biochemistry that can be shown to you.

Your doctor is unclear about the mechanism of action of a drug (what it is doing inside the body). Either the mechanism is not known and only guessed at, or your doctor doesn’t understand it.

The drug was approved within the last two years. Thus it lacks an extensive safety record in the general population.

Your doctor doesn’t know of any adverse effects aside from what he reads along with you in the package insert. Since your doctor has not looked at the FDA website of adverse drug events he or she knows of no warnings to give you. This is something you will have to question carefully to see if your doctor is saying, “I know there are no special warnings to give you” or if your doctor is actually expressing, “I don’t know of any special precautions (because I haven’t bothered to look, all my data comes from the manufacturer’s glossy brochures).”

Your doctor is writing with a drug-maker emblazoned pen, jotting on a note pad sporting the logo of the drug manufacturer or carrying a coffee mug advertising the latest. These are indications of a heavily drug salesman-infiltrated office, and may well reflect an inordinate reliance on sales talk in the absence of careful review of the scientific pharmacologic information.

The drug is a look-alike version of an older drug. This is offered to you at much greater expense without obvious medical advantage.

On occasion your doctor may have to honestly say, “I don’t know, I’ll go find out some answers for myself and for you.” However, be alert if your doctor is offended or becomes patronizing. In that case you can expect that you have tread into some areas in which he or she feels challenged or uncomfortable, and may not be ready to be thoroughly frank with you. Then again, sometimes the answer to these questions remains some version of, “I don’t know about the details of safety and effectiveness,” but he or she still feels you should take the drug. In this case you will have to carefully consider the unknowns and make your decision.

You can only really be in charge of the quality of your health care when you have the opportunity for full informed consent.

©Moira Dolan, M.D.

Reproduced by permission of the author.

Moira Dolan, M.D. is an internal medicine physician and executive director of Medical Accountability Network, LLC, dedicated to establishing integrity in medicine.

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