Commentary has been published.
http://mdedge.ma1.medscape.com/psychiatry/article/263151/depression/we-can-reduce-suicide-enforced-treatment-and-eyesight
Sunday, July 30, 2023
Reduce Suicide with Eyesight Supervision and Enforced Treatment of Mental Disorders
Sunday, July 16, 2023
Resolution about Changing Police Department Policy from Fit for Duty to Take a Half Hour Nap
The PA Medical Society Should Urge Police Accrediting Agencies to Stop “The Fit for Duty” Standard, and Replace It with “Take a Nap” Standard for Sleepy Officers
Whereas police accrediting agencies review and certify police departments as hospitals are accredited;
Whereas sleepiness impairs function as much as legal intoxication;
Whereas sleepy work is a factor in police mishaps, including crashes, wrongful shootings, and low productivity;
Whereas sleepiness at work was a factor in multiple historic catastrophes;
Whereas the current enforced policy is, fit for duty, meaning, no tolerance for sleepiness on the job;
Whereas sleepy officers are punished, and cover up their impairment;
Resolved, the PA Medical Society will urge all police accrediting agencies in Pennsylvania to adopt this alternative police job sleepiness policy. A sleepy officer may report self as sleepy, with immunity from punishment. The supervisor will require that he take a half an hour nap, and return fit for duty.
Resolved, all incident reports of police mishaps will include a box, Sleepiness. If checked off, a brief narrative of the contributors to sleepiness will be enumerated.
Resolved, Departments will make efforts to not contribute to sleepiness, for example, giving comp time for testimony after a full shift of work.
Resolved, a yearly count of mishaps with sleep as a factor will be kept for tracking.
Sunday, June 4, 2023
The Law in Failure - Administrative Law
The stated goals of administrative law can vary depending on the jurisdiction and legal system in question. However, some common goals include promoting accountability, fairness, efficiency, and legality in the exercise of governmental powers. It is important to note that administrative law is a complex and evolving field, and its successes and failures can be subjective and context-dependent. While I can provide you with a general overview, it may not cover all perspectives or specific studies on the topic.
- Promoting Accountability:
- Goal: Administrative law seeks to ensure that government agencies and officials are accountable for their actions and decisions.
- Failures: Some critics argue that administrative agencies may become too insulated from public scrutiny and lack sufficient checks and balances. They claim that agencies often have broad discretionary powers and may evade accountability through bureaucratic processes.
- Studies: One study by Daniel Carpenter and David Moss (2009) titled "Preventing Capture: Special Interest Influence and How to Limit it" explores the challenges of agency capture and the potential influence of special interests on administrative decision-making.
- Ensuring Fairness:
- Goal: Administrative law aims to guarantee fairness and due process to individuals affected by administrative actions, protecting their rights and preventing arbitrary or discriminatory behavior.
- Failures: Critics point out instances where administrative procedures may be slow, cumbersome, or lack transparency, resulting in delays, inconsistent decisions, or limited access to justice.
- Studies: "Delay and Due Process in Administrative Law" by Jerry Mashaw (2002) examines the impact of delays in administrative proceedings and their implications for fairness and due process.
- Promoting Efficiency:
- Goal: Administrative law seeks to streamline bureaucratic processes, promote efficiency, and deliver effective public services.
- Failures: Critics argue that administrative procedures can be overly complex, resulting in inefficiencies, redundant regulations, and burdensome compliance requirements.
- Studies: "Costs and Benefits of Regulation: Review and Analysis" by Cass R. Sunstein (2012) provides an analysis of the costs and benefits of regulation, highlighting the potential inefficiencies and burdens associated with excessive administrative procedures.
- Ensuring Legality:
- Goal: Administrative law aims to ensure that government agencies act within the boundaries of the law, preventing abuse of power and ensuring legal compliance.
- Failures: Critics suggest that administrative agencies may overstep their authority or interpret laws in a manner that exceeds their delegated powers, leading to potential violations of individual rights or constitutional principles.
- Studies: "Chevron Deference: Unraveling the Mythology" by Nicholas Bagley, Julian Davis Mortenson, and Gillian E. Metzger (2015) explores the debate around judicial deference to administrative agencies' legal interpretations, raising concerns about potential legal overreach.
It is worth noting that the field of administrative law is vast, and the assessment of successes and failures often involves ongoing debates and diverse viewpoints. The studies cited here provide only a limited snapshot of the extensive scholarship and literature available on administrative law. For a more comprehensive understanding, it is recommended to explore legal journals, academic research, and consult legal experts in the specific jurisdiction of interest.
The Law in Failure - Introduction
Supernatural Power Doctrines of the Law Violate the Establishment Clause
The lawyer profession is a glorified organized crime crew. Its only validation are men with guns. It has close to no studies showing reliability or validity of any of its rules, regulations, laws, or policies. Much of it is made up. When they make things up, those things promote lawyer enrichment and rent seeking. Its core doctrines involve supernatural powers attributed to God in accordance with the faith of the Medieval Catholic Church. These include mind reading, future forecasting of rare accidents. The standard of behavior are to be set by a fictitious character, a thinly disguised Jesus. These supernatural powers attributed to God violate the Establishment Clause when applied to legal practice.
The lawyer profession is likely more toxic than organized crime.
The sole tool of the law is punishment. One would think such a painful tool would have careful application, confidence in the benefits, and would add to the economy. None of those aspirations happen.
This series will cover the self stated goals of all law subjects, and compare them to the outcomes. These outcomes are often ghastly, and nearly all are in utter failure. Empirical studies will be sought to support these assertions.
Judicial Review is Prohibited by Article I Section 1 Giving all Legislative Power to Congress
The lawyer profession is so toxic, it must be crushed to save the nation. It should be restarted with empirical validation of every part of it. Judges should have a separate education. All judging students should be mature people who have suffered a little. Then that job should be taught as separate from lawyering. The culture must be to apply the law, not to make the law. Making any law, including repealing laws, violates the plain language of Article I Section 1. It gives all legislative powers to the Congress. Every judicial review is in insurrection against the constitution and a federal crime. Arresting appellate judges has full justification. The lawyer profession is engaging in a cover up of this massive insurrection. These judges are totally unqualified to make policy. Judicial review has been catastrophic. Its first instance was Dred Scott. It cancelled a law that prevented war for 20 years. It violated a ratified international treaty. It made up a fictitious doctrine unsupported by the constitution, substantive due process rights in the Fifth Amendment.
Today the Rule of Law is Just Feelings Enforced by Men with Guns
Today, the rule of law is just the feelings of intellectually limited and ignorant people. Their first priority is rent seeking. Any equity, adequacy, and order from these practices are accidental and the crumbs left to the public. The sole external validation of the decisions are some men with guns to impose the decisions and policies. They fail to meet the minimum criteria for reliability (consistency) or for validity (successful remedies). There is no equity, which is the same treatment for everyone. The number of injustices is in the billions, with no legal recourse in the overwhelming majority of cases. Equity and effectiveness are mandted by the Fifth Amendment Procedural Due Process right to a fair hearing. The entire practice of this profession is unconstitutional to the extent of its inconsitencies and ineffectiveness.
The Dose Response Curve Likely Applies to All Legal Remedies
Beyond equity and effectiveness, all rules should be tested for safety and effectiveness in small jurisdictions, prior to enactment in large jurisdictions. The concept of the dose-response curve likely applies to all legal remedies. This concept from pharmacology implies that too small a dose does not work. Too large a dose is toxic. That curve takes hard work to delineate, but should be required of all remedies.
The Subjects of the Law
These are the subjects of the law. Each has self stated goals, and benefits to the public. Without exception, all fail to achieve their goals, and actually contribute to public toxicity, delaying remedies. Only advances in technology have contributed to the remedies of the problems addressed by these subjects. The $trillion wasted on the failed administration of the rule of law should be partially or mostly diverted to research and development.
1. Adoption Law
2. Administrative Law
3. Admiralty Law
4. Agricultural Law
5. Animal Rights Law
6. Antitrust Law
7. Art Law
8. Artificial Intelligence Law
9. Autonomous Vehicles Law
10. Aviation Law
11. Banking and Finance Law
12. Bankruptcy Law
13. Biotechnology Law
14. Blockchain and Cryptocurrency Law
15. Cannabis Law
16. Civil Rights Law
17. Climate Change Law
18. Commercial Law
19. Community Property Law
20. Comparative Law
21. Competition Law
22. Conflict of Laws
23. Constitutional Law
24. Construction Law
25. Consumer Protection Law
26. Contract Law
27. Copyright Law
28. Corporate Governance Law
29. Corporate Law
30. Criminal Law
31. Cultural Property Law
32. Cyber/Internet Law
33. Cybercrime Law
34. Cybersecurity Law
35. Data Protection Law
36. Data Security Law
37. Digital Content Regulation Law
38. Digital Currency Regulation Law
39. Digital Health Law
40. Digital Privacy and Information Security Law
41. Disability Law
42. Disaster Law
43. Drone Law
44. E-Commerce Law
45. E-Sports Law
46. Education Law
47. Education Technology Law
48. Elder Abuse Law
49. Elder Financial Abuse Law
50. Elder Law
51. Election Law
52. Election Security Law
53. Employee Benefits Law
54. Employment Discrimination Law
55. Energy Efficiency Law
56. Energy Law
57. Energy Regulation Law
58. Entertainment Law
59. Environmental Conservation Law
60. Environmental Law
61. Equine Law
62. Estate Law
63. Ethics Law
64. Family Law
65. Family Mediation Law
66. Fashion Law
67. Financial Services Regulation Law
68. Financial Technology (FinTech) Law
69. Food and Drug Law
70. Foreclosure Law
71. Forensic Law
72. Foster Care Law
73. Franchise Law
74. Gaming Law
75. Genetic Information Law
76. Genome Law
77. Health Information Law
78. Health Law
79. Healthcare Compliance Law
80. Historic Preservation Law
81. Homeowner Association Law
82. Hospitality Law
83. Housing Law and Landlord-Tenant Law
84. Human Rights Law
85. Immigration Law
86. Indigenous Peoples Law
87. Information Technology Law
88. Infrastructure Law
89. Inheritance Law
90. Insurance Law
91. Intellectual Property Law
92. International Arbitration Law
93. International Environmental Law
94. International Humanitarian Law
95. International Law
96. International Trade Law
97. Investment Law
98. Juvenile Law
99. Labor and Employment Law
100. Land Acquisition Law
101. Land Use Law
102. Legal Ethics and Professional Responsibility Law
103. Legislative Law
104. Lending and Securities Law
105. LGBTQ+ Rights Law
106. Libel and Slander Law
107. Life Sciences Law
108. Liquor Licensing Law
109. Maritime Law
110. Media Law
111. Medical Law
112. Medical Malpractice Law
113. Mental Health Law
114. Merger and Acquisition Law
115. Military Law
116. Mineral Rights Law
117. Mining Law
118. Motor Vehicle Law
119. Mortgage Law
120. Motor Vehicle Law
121. Municipal Law
122. Native American Law
123. Natural Disaster Law
124. Natural Resources Law
125. Neurotechnology Law
126. Non-Profit and Charitable Organization Law
127. Nonprofit Law
128. Nuclear Energy Law
129. Occupational Licensing Law
130. Occupational Safety and Health Law
131. Online Defamation Law
132. Patent Law
133. Patent Litigation
134. Pension Law
135. Personal Data Law
136. Pesticide Law
137. Petroleum Law
138. Pharmaceutical Law
139. Police Law
140. Political Law
141. Pollution Law
142. Privacy Law
143. Privacy Rights in Employment Law
144. Private Equity Law
145. Probate Law
146. Product Liability Law
147. Product Safety Law
148. Professional Discipline Law
149. Professional Liability Law
150. Property Law
151. Public Contract Law
152. Public Finance Law
153. Public Health Law
154. Public Interest Law
155. Public International Law
156. Public Utility Law
157. Railroad Law
158. Real Estate Law
159. Regulatory Law
160. Regulatory Compliance Law
161. Renewable Energy Law
162. Reproductive Rights Law
163. Research Law
164. Retail Law
165. Right to Information Law
166. Risk Management and Insurance Law
167. Robotics Law
168. School Law
169. Secured Transactions Law
170. Securities Law
171. Securities Regulation
172. Sexual Harassment Law
173. Shareholder Rights Law
174. Social Entrepreneurship Law
175. Social Media Law
176. Social Security Disability Law
177. Social Security Law
178. Space Law
179. Special Education Law
180. Sports and Recreation Law
181. Sports Law
182. State and Local Government Law
183. Student Rights Law
184. Supply Chain Law
185. Surrogacy Law
186. Sustainable Business Law
187. Sustainable Development Law
188. Tax Exemption Law
189. Tax Law
190. Technology Law
191. Telecommunications Law
192. Telehealth Law
193. Tort Law
194. Toxic Torts Law
195. Trade Law
196. Trademark Law
197. Traffic Law
198. Transgender Rights Law
199. Transportation Law
200. Transportation Security Law
201. Travel Law
202. Trusts Law
203. Unemployment Insurance Law
204. Unmanned Aerial Systems (UAS) Law
205. Urban Law
206. Urban Planning and Development Law
207. Venture Capital Law
208. Veterans Benefits Law
209. Veterans' Law
210. Virtual Currency Law
211. Water Law
212. Water Rights Law
213. Wetlands Regulation Law
214. White-Collar Crime Law
215. Wildlife Law
216. Wine Law
217. Workers' Compensation Law
218. Workers' Rights Law
219. Workplace Safety and Health Law
220. Zoning Law
Wednesday, May 24, 2023
Proposed Separate ICD 10 Coding for Anosognosia (Neurological Unawareness of Illness)
Submitted for the Sept. 12-13, 2023 Meeting.
Proposal for Anosognosia Classification in the ICD-10-CM Coding System - Revised
Anosognosia is neuropsychiatric condition in which patients remain insistent that they do not
have a severe illness. 1 Anosognosia is highly prevalent, affecting 50-98% of individuals with
schizophrenia, approximately 40% with bipolar disorder, and about 80% with Alzheimer's
disease. 3 It also impacts 10-18% of those who develop one-sided paralysis after a stroke and has
been found in patients with aphasia, Huntington's, Parkinson's, frontotemporal dementia, and
severe traumatic brain injury. 4 Recognized as a medical condition for over a century, 5 anosognosia
is distinct from psychological denial, arising from damage to the brain's self-image updating
mechanism. 6 Consequently, patients are neurologically incapable of perceiving loss of impaired
neurological or neuropsychological function. 7
Anosognosia substantially hinders treatment, compliance, therapist alliance development, and
rehabilitation. 8 Treatment effectiveness for mild to moderate dementia is impaired in those with
anosognosia. 9 Moreover, caregiver burden for Alzheimer's patients significantly increases with
anosognosia. 10 Treating patients with anosognosia often necessitates unique, varied approaches 11
and imposes additional responsibilities on medical professionals to overcome patient unawareness
of their limitations. 12 Patients are often genuinely puzzled as to why family and caregivers want
them to take medication and to participate in other treatments. As a result, patients often refuse
them all. Untreated mental illness has harsh consequences, including suicide, rampage shootings,
and abject disabilities in highly capable individuals. Such diagnosis will also help the courts in
assessing whether involuntary commitment is appropriate.
Considering the significant clinical challenges anosognosia imposes on medical professionals,
caregivers, and patients, and its prevalence, a unique ICD-10-CM code is being requested for this
condition. The condition is currently an inclusion term at code R41.89, Other symptoms and signs
involving cognitive functions and awareness. It is of the opinion of the submitter that the
classification is inadequate, and a unique code is needed.
References:
1 Acharya, A. B., & Sánchez-Manso, J. C. (2022, June 7). Anosognosia - StatPearls - NCBI Bookshelf. Na>onal Library of
Medicine. Retrieved from hIps://www.ncbi.nlm.nih.gov/books/NBK513361/
2 2023 ICD-10-CM diagnosis code R41.89. (n.d.). Retrieved from hIps://www.icd10data.com/ICD10CM/Codes/R00- R99/R40-
R46/R41-/R41.89
3 Anosognosia: What it is, causes, symptoms & treatment. Cleveland Clinic. (n.d.). Retrieved from
hIps://my.clevelandclinic.org/health/diseases/22832-anosognosia
4 Prigatano, G. P. (2009). Anosognosia: Clinical and ethical considera>ons. Current Opinion in Neurology, 22(6), 606– 611.
DOI: 10.1097/wco.0b013e328332a1e7
5 Weinstein, E. A. (1950). The Syndrome of Anosognosia. Archives of Neurology and Psychiatry, 64(6): 772-791, p. 772 n. 1. DOI:
10.1001/archneurpsyc.1950.02310300019002
6 Cleveland Clinic, supra; Prigatano, supra.
7 Prigatano, supra.
8 Id.
1
9 Koltai, C. C., Welsh-Bohmer, K. A., Schmechel, D. E. (2001). Influence of anosognosia on treatment outcome among demen>a
pa>ents. Neuropsychological RehabilitaEon: An InternaEonal Journal, 11:3-4, 455-475, DOI: 10.1080/09602010042000097
10 Turró-Garriga, O., Garre-Olmo, J., Vilalta-Franch, J., Conde-Sala, J. L., de Gracia Blanco, M., & López-Pousa, S. (2012).
Burden associated with the presence of Anosognosia in Alzheimer's disease. InternaEonal Journal of Geriatric Psychiatry, 28(3),
291–297. DOI: 10.1002/gps.3824
11 Jenkinson, P. M., Preston, C., Ellis, S. J. (2011) Unawareness aher stroke: A review and prac>cal guide to understanding,
assessing, and managing anosognosia for hemiplegia, Journal of Clinical and Experimental Neuropsychology, 33:10, 1079-1093,
DOI: 10.1080/13803395.2011.596822
12 Id.; Moro, V., Scandola, M., Bulgarelli, C., Avesani, R., & Fotopoulou, A. (2014). Error-based training and emergent
awareness in Anosognosia for Hemiplegia. Neuropsychological RehabilitaEon, 25(4), 593–616. DOI:
10.1080/09602011.2014.951659
TABULAR MODIFICATIONS
R41 Other symptoms and signs involving cognitive functions and awareness
R41.8 Other symptoms and signs involving cognitive functions and awareness
New Code R41.85 Anosognosia
R41.89 Other symptoms and signs involving cognitive functions and
awareness
Delete Anosognosia
Tuesday, May 23, 2023
Federal Lawsuit Against the FDA to End Blood Testing Requirement To Provide Clozapine, for Severe Mental Illness
This lawsuit is against the FDA to end the requirement of blood testing before dispensing clozapine. Clozapine is a medicine to help people with severe mental illness that has not responded to other treatments. It is FDA approved to help people with schizophrenia and are suicidal. Many patients who need it refuse it due to the painful required testing. Interrupting treatment because of a lapse in blood testing often results in severe damaging consequences.
It may be read here:
https://bit.ly/Behar-v-FDA