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NURSE HEALTHCARE COVID-19

Spiga & Associates • Mar 20, 2020
Nurses Putting Hands Together — Los Angeles, CA — Spiga and Associates

NURSES NEED TO SUPPORT THE COVID-19 HEALTH CARE WORKER PROTECTION ACT OF 2020

A variety of worker’s right groups, consumer advocacy organizations and public health organizations have introduced legislation to congress to protect health care workers during the current COVID-19 pandemic. The purpose of the legislation is to:

1) Mandate that OSHA issues an Emergency Temporary Standard to protect healthcare workers. This bill will enforce the issuance of an ETS to protect healthcare workers and other workers that the Center for Disease control deems as high-risk for occupational exposure to SARS─CoV─2.

2) Provide protections for healthcare workers in the public and private sectors. Except for the 21 states that have state OSHA plans that cover public employers, OSHA regulations and standards normally only cover private employers. The COVID─19 Health Care Worker Protection Act will also apply to workers in public hospitals in all states that receive Medicare funding (same as OSHA’s Bloodborne Pathogen Control Standard). We also support Congress expanding protections to all public-sector high-risk workers.

3) To quickly provide temporary emergency standards to protect workers, while also providing for permanent measures to be put in place. This bill also protects workers in healthcare occupations from similar health emergencies in the future by requiring OSHA to proceed with implementing a permanent standard after the COVID─19 Health Care Worker Protection Act of 2020 is enacted.

We have seen in Italy and elsewhere the rampant infection of healthcare workers because of lack of protocols and equipment. Support this needed legislation because it will not only provide for protocols and standards for minimal protective gear and equipment, but it will ensure those standards are maintained for years to come. 

Check the following link for more information. 

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By Carlo A Spiga, Lead Attorney 24 Feb, 2021
You see him or her on your television, in your professional journals, and on your home page . . . the “Poster Child.” The Physician existing on the fringe of the profession, who gets arrested for overwriting prescriptions for Schedule II substances . Their example is easy to dismiss. The average M.D. engaged in legitimate practice seemingly has nothing to worry about. This fate befalls the slacker, the greedy, the foolhardy. Don't be so sure, any M.D. who prescribes Schedule II substances as a regular part of their practice is only one adverse patient outcome away from California Medical Board and possibly criminal investigation. For example, Surgeons and Physicians practicing in Emergency Medicine, Oncology, and Pain Management, routinely write hundreds, if not thousands of prescriptions for Schedule II substances. There is no way for a Physician to control the patient’s use of controlled substances, yet a dangerous and influential myth is being propagated that a physician is a fortune teller and can predict which patients will misuse the substances provided. Further complicating the issue is the difficult ethical landscape navigated by Physicians dealing with patients presenting legitimate symptoms demanding treatment with Schedule II and III substances, but who are nevertheless, drug dependent. Long term pain management patients are at particular risk of overdose due to their high tolerances leading to increasing dosages and the difficulty in weaning them off the substances they have become dependent upon. Should a patient die or suffer an adverse outcome that is somehow connected to a prescription for a schedule II substance, a criminal and California Medical Board investigation is sure to follow. Oftentimes the investigation will be spearheaded by investigators for the California Department of Consumer Affairs working in conjunction with local law enforcement but who also work on behalf of the Medical Board of California. These investigators are sworn peace officers and have the power to arrest and working with the Attorney General or local District Attorney also have the ability to bring criminal charges against a Physician. These investigations start out invisibly with scrutiny of CURES II reports detailing a Physician’s prescription history. All patients receiving scheduled substances will be given particular attention. Soon after, the physician will receive a request for patient records, followed by a letter of investigation from a California Department of Consumer Affairs Investigator indicating that a complaint has been made and requesting an interview. They do not inform the Physician of his or her right to counsel or whether the Physician even has the right to refuse the interview. Nor do they inform him or her of their right to review the complaint. Believe it or not, one of the common mistakes Physicians make in dealing with these investigations is not taking it seriously. They will delay responding or not respond at all. Often Physicians confident in their prescribing practices will have a false sense of confidence going in to such an interview and will wing it without consulting consul. Those Physicians learn the error of that approach through hard experience. If you are facing such an inquiry. Take it very seriously, Your medical license is your most important asset. If you have an adverse patient outcome that has come to the attention of your Hospital Administration, The Medical Board of California or local law enforcement, call Spiga and Associates immediately. Because of our 25 years of experience in both Criminal and Administrative defense we are uniquely qualified to defend you and your medical license.
nurse texting
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