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CA Supreme Court ruled that unlicensed school employees can give insulin injections

Posted on August 12, 2013 by Caroline Anderson - Senior Support Specialist

Commentary by Sam Spital, California State Board License and Criminal Defense Attorney

It strains credulity to believe the Supreme Court declared that California law permits unlicensed employees to give insulin injections, albeit pursuant to a doctor’s order. It is a slippery slope and this opens the door to even more situations in which the training and education of a licensed nurse are being marginalized. The American and California Nurses Association based their arguments on California law (Bus. & Profs. Code section 2700 et seq.) that heretofore has held only licensed nurses can administer insulin.Specifically, the Legislature has mandated in the Nursing Practice Act the requirements for licensure with specific courses of education, scientific knowledge, skills and clinical training, and these include the administration of medications [Bus. & Profs. Code section 2725(b)(2)]

The author did not relate any of the pros and cons, nor alternatives to an increasingly important concern in public schools throughout California since more and more parents are discovering school nurses are unavailable on a regular basis (only 5% of the schools in California have a full time nurse on duty; 26% have no nurse on duty and the rest have only part time nurses).

No citation to the actual Supreme Court case was set forth in the article, but the name, citation and link are as follows: AMERICAN NURSES ASSOCIATION vs. TOM TORLAKSON, August 12, 2013 (Case #S184583) https://www.cde.ca.gov/ls/he/hn/documents/anavtorlakson2013.pdf

Proposal would give benefits to same-sex military spouses

Posted on August 9, 2013 by Caroline Anderson - Senior Support Specialist

A new proposal could give housing, health care, and other benefits to same-sex spouses of military members by the end of August. The department would also give up to 10 days of leave to personnel so they could travel to a state where they could legally marry.

It is fortunate that the military is now willing and able to provide equal benefits to everyone in its ranks. The military is a fundamental and important part of our country. The people who choose to serve and their domestic partners deserve equal rights and protection under the law if members of the military are willing to give their lives for their country.

California officials review rehab centers after reports of fraud

Posted on August 2, 2013 by Caroline Anderson - Senior Support Specialist

Officials in California are conducting a statewide review of drug and alcohol rehabilitation centers after reports of fraud surfaced.

CNN and The Center for Investigative Reporting released joints reports stating that some rehab clinics have billed the state for patients who don’t show up, or for patients with no substance abuse problems.

It is distressing when these institutions, which are funded by taxpayers and were created to help those in need, start to take advantage of the state. They are taking for granted the millions of dollars that are put into rehabilitation programs by the citizens of the state.

Four child welfare workers will be fired after death of boy

Posted on July 31, 2013 by Caroline Anderson - Senior Support Specialist

Los Angeles county officials say that four child welfare workers were negligent and guilty of many missteps in a case involving an 8-year-old boy named Gabriel Fernandez. As a result of their lapses, the boy died. The four workers have received letters informing them that they will be fired.

Fernandez died in May. He was found with broken ribs, burns, and a fractured skull. His mother and her boyfriend have been charged with murder and torture, and though the Department of Children and Family Services received many complaints of abuse, they had been discounted and not dealt with.

It is heartbreaking that these people knew that a child was most likely being hurt but they did nothing to stop it. Hopefully the firing of these four employees marks a change and sends a message to other employees that this behavior and these serious mistakes are not all right.

The challenge for Child Protective workers is that they are faced with making complex decisions in the investigation of abuse &/or neglect. On the other hand, they have the benefit of engaging in a dialogue with their managers and even confer with experts in the field to make appropriate decisions.

Erring on the side of caution protects the child(ren), but doing nothing exposes the child(ren) to serious and life threatening injuries. Perhaps the real conundrum involves the huge case load they have, in which many contend they need greater and ongoing education and training.

COMMENTARY BY SAM SPITAL, SAN DIEGO PERSONAL INJURY AND CRIMINAL DEFENSE LAWYER

Nevada state psychiatric hospital to lose accreditation

Posted on July 26, 2013 by Caroline Anderson - Senior Support Specialist

A Nevada state psychiatric hospital is being stripped of its accreditation, but is choosing not to appeal.

It seems a conundrum here: The hospital loses its accreditation and that means they will not be paid by the government, patients will have to be released, transferred to another facility if available and/or others will not be admitted until they apply for and receive a new certification.. There are many who believe the 72 hour hold is sufficient to protect the patient as well as society because psychiatrists and staff are required to determine if there is a present danger to the patient and/or society and only if that does not appear to exist is the patient released.

If the patient does not have any family or caretakers, they are released into the community. Unfortunately, there are an insufficient number of places for community housing and/or locations that can provide an appropriate, albeit temporary period of time for such patients to be sufficiently stabilized to be on their own. It is clear that we have far too many members of society that fall into this category and need ongoing care and treatment. While some pundits will claim we cannot provide appropriate and adequate transitional care for psychiatric patients who are medically challenged, others who are more enlightened including myself passionately believe the billions of dollars we send to foreign countries should first be used to fix this and countless other problems in our own country.

Commentary by Sam Spital, California State Board Licensing Defense Attorney & San Diego Personal Injury Lawyer:

Physician charged with unprofessional conduct

Posted on July 1, 2013 by Caroline Anderson - Senior Support Specialist

A Tennessee physician was arrested for DUI and charged with unprofessional conduct.

Ernest Kleier was unhappy with the state Medical Board Decision that took action against his license for a DUI. He argued the charge of unprofessional conduct was constitutionally vague because it did not spell out what “unprofessional, dishonorable, or unethical conduct” meant. On appeal, the Court agreed with Kleier, at which point the state medical board appealed to the state Court of Appeals; the Board prevailed in the case and their Decision was sustained.

Does a state medical board have the right to inquire into any act or omission that is related to the duties and functions of a licensed medical doctor and any other professional or occupational licensee? It has been opined that driving under the influence of alcohol evinces poor judgment since it places the driver, anyone else in the vehicle, and others on the road in danger of an accident and/or injury. However, this is a slippery slope and now some state Boards consider an infraction with a fine of $300 or more a basis for disciplinary action. This makes it even more prudent to retain an experienced state board license defense attorney when applying for licensure, renewing a license and if one ever is contacted by a state board seeking to interview, talk to and/or meet with you or someone you know in that situation. It is possible to negate and disprove the charges at the criminal stage of the case by a compelling defense and offense; and, it is the practice of Spital & Associates to provide a comprehensive legal and factual written presentation in addition to marginalize the case at the Board level.

Chargers doctor steps down

Posted on June 14, 2013 by Caroline Anderson - Senior Support Specialist

David Chao, the team doctor for the Chargers, stated this Thursday that he’ll be stepping down. He’s been with the team for 17 seasons.

Chao said he wants time to spend with his wife and children, and also has a back injury that will require him to get surgery this month. He said his time spent with the Chargers has been great, and said he wouldn’t trade it for the world.

However, controversy has surrounded Chao’s time with the Chargers. In the past few years, it has been reported that he has had two drunk driving citations, several medical malpractice lawsuits, a public reprimand from the California medical board, and an investigation into his record keeping by the Drug Enforcement Agency. Additionally, at a Super Bowl news conference in January, some New Orleans official demanded that Chao be replaced.

However, the Chargers stand by their doctor, saying that he was part of the team.

Teachers challenge the New York City Board of Education

Posted on June 4, 2013 by Caroline Anderson - Senior Support Specialist

Minority teacher plaintiffs have challenged the New York City Board of Education, saying that they violated Title VII of the Civil Rights Act by requiring teachers to take a licensing exam.
The teachers argued that the test impacted minority test-takers. Caucasian test-takers passed at a higher rate, and in addition, that the test did not measure whether experienced teachers were qualified.

The California Supreme Court deals with insulin-administration case

Posted on May 29, 2013 by Caroline Anderson - Senior Support Specialist

The California Supreme Court will be hearing a case that will determine whether school employees can administer insulin to diabetic students, rather than only licensed nurses. This case will set a precedent for protecting the rights of schoolchildren with diabetes or other medical conditions.

The problem here is that insulin is a tricky thing. The wrong dose can be fatal. Have an untrained, overworked school employee administering insulin to diabetic children could be disastrous. Procedures like this should be left to trained professionals so children in school can remain safe and healthy.

Sex offenders, criminals allowed to be counselors

Posted on May 28, 2013 by Caroline Anderson - Senior Support Specialist

The lax credentialing system in California has allowed convicted sex offenders and people with substance abuse problems to work with clients.

California is one of only two states that does not require background check on people who are registering to become substance-abuse counselors. No criminal background check is run, and in fact applicants are never asked to disclose any past trouble with the law.

An investigation run by the Senate Office of Oversight and Outcomes revealed that, since 2005, there are 23 sex offenders who have been registered or certified to work as substance-abuse counselors.

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