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Showing posts with the label Diabetes and the Law

Dear FDA

Finally, the FDA is exploring a diabetes innovation that is long overdue: Low Glucose Suspend. Basically, the CGM-component allowing an insulin pump to detect what your blood sugar is at and shut off it reaches a certain threshold that's too Low for comfort. This allows someone who may very well be sleeping overnight to not drop any lower with continued insulin before being able to treat, wake up, or at least become aware that something isn't right. Worldwide, this is already available and the U.S. is simply behind - mostly because of the FDA's reluctance to approve this and ask the important questions to assess why this option is so necessary. But now, that's happening. The FDA has released some draft guidelines that are up for public comment, and want to hear what everyone thinks about the proposal. Bennet over at YDMV has a great write-up about this, and he is just one of the many Diabetes Advocates who's hoping the broader Diabetes Community will get word...

An Important Anniversary

This is the 21 st anniversary of the landmark civil rights law known as the Americans with Disabilities Act , which guarantees equal opportunity for those with disabilities in employment, public accommodations, transportation, commercial facilities, and telecommunications, and state and local government services. President George W. Bush signed this into law on July 26, 1990. Borrowing the definition of "disability" from Section 504 of the Rehabilitation Act of 1973, the ADA aimed to stop employers from making employment decisions based on a person’s current, past, or perceived disability. Diabetes traditionally fell under that umbrella of protection for nearly a decade, but sadly starting in about 1999 the Supreme Court of the United States dramatically scaled back the ADA definition to the point where it didn't protect certain individuals, such as those of us with diabetes. Basically, the Court ruled that someone could be considered too disabled by an employ...

New Law: No Texting My Pancreas While Driving

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Apparently, Indiana has it in for those of us who Text Our Pancreas. You know, like Kim says over at Texting My Pancreas - .those of us who are pancreatically-challenged and occasionally have to get word to our lazy organ using an insulin pump or CGM. Well, the time has arrived making it illegal to do that while behind the wheel. Lawmakers here have passed a law restricting texting while driving, and Gov. Mitch Daniels ( who may soon be announcing a White House run ) signed this into law on May 10. This means that starting July 1, you won't be able to utilize your cell phone or telecommunication device behind the wheel in any texting-like manner in the Hoosier State ( and no, I've got NO CLUE what a Hoosier actually is... ) This isn't Indiana-specific, though. We have a national trend that encompasses some 30 states at this point, and Indiana is joining the fray with a new law banning the practice. Legislation in the form of House Enrolled Act 1129 prohibits drivers f...

"No, Your Honor, It's An Insulin Pump"

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As a reporter at a legal newspaper, I find myself regularly passing through courthouse security and sitting in courtrooms. A recent assignment took me to a local courtroom notorious for having a "no tolerance" policy on cell phones and related pieces of technology, to avoid any potential courtroom disruptions. The judge and bailiff are well-known for the policies and discipline imposed on folks who disobey. So you can only imagine my delight recently when my insulin pump appeared on their disruption radar and the court focused some of its attention on me. In the hours before entering court that day, I'd been flirting with Lows all morning. Blood meter checks showed my CGM paranoia was totally off base and was at least 40 mg/dL off the mark - meaning there was nothing to be worried about. But being in a constant on the run mode that day made it a little more uncertain, and meant the constant pump alerts...

Online Plagiarism

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If you're not reading this at The Diabetic's Corner Booth , then you're reading content that has been stolen and is being used without permission. Any unauthorized re-posting of this content will be considered a violation of my intellectual property legal rights and will be dealt with accordingly. Someone is stealing my blog content. Is "stealing" too strong a word? No. I don't think it is, because what I am writing here is being re-posted somewhere else without my permission. That's stealing. More accurately, I'd dub it online plagiarism. In my world as a journalist, this flies in the face of that cardinal rule of not lifting other people's writing even with permission. People lose their jobs over this in the business world. You get a failing grade in the academic world. It's the No. 1 No-No, and yet it's happening here in the online world. Specifically, a site called Clean Natural Living is the culprit. Hey, Clean Natural Living: I...

Stepping In The Right Direction

Six months ago, President Barack Obama signed the Affordable Care Act. Many parts of this new law take effect gradually and are scattered throughout the coming years. On Thursday (Sept. 23), several important reforms become law. Most importantly, these points expand health care coverage to millions of children who previously fell through the cracks of our health care system. Specifically, these now-in-effect provisions are: Extending Coverage for Young Adults : Young adults can stay on a parent's plan until they turn 26. This doesn't apply to young adults who already have health insurance through a job. Free Preventive Care : New plans must offer free preventive services, such as flu shots, mammograms, and even diet counseling for adults at-rsk of chronic disease ( read: pre-diabetics, this applies to you! ) This means they cannot charge you a deductible, co-pay, or coinsurance. ( Note: This only includes new plans, not those "grandfathered" ones already in effect...

Nursing Politics Out of the Law

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A California appeals court says state law only allows nurses to give diabetic students insulin in schools, because it's a nursing function and requires some skill and scientic knowledge. Parents are outraged. The Children With Diabetes forums lit up once this ruling came down. Though some are criticizing the courts for ruling this way, most realize that it's not the state or appellate court at fault here - most parents along with the American Diabetes Association and JDRF and other D-affiliated groups are vowing to take this fight to the California legislature (already done, but to no avail as of yet). Though this case is specific to California, this is an issue that's being debated nationwide as the country faces a nursing shortage and cash-strapped schools are cutting those positions. Some parents worry that this could lead to "special schools" where D-Kids are herded in order to have that kind of care state law says can only be given by nurses. ...

Driving While Diabetic

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One of the scariest situations Diabetics can face is being behind the wheel with a low blood sugar, particularly one that's dropping even lower. Recent new stories have told some horror stories of this happening across the country: here in Ohio , and a tragic story here in Orange County, California . Regardless of the particular facts of each situation and whether that person involved did or didn't do what they should have as far as Testing Before Driving, some reader comments question why these and all diabetics aren't prevented from driving completely. An Outright Ban. Those stories come on the heels of a study showing tight-control leads to even more crashes and driving incidents of diabetics . Of course, in writing this blog initially, I'd forgotten about an outstanding blog post in November 2009 by Shannon over at LADAdeeda , touching on this very topic that's so very dear to her. She was more harsh and on point, but we relay the same point of...

Praying for a Cure - and jailed for it

We often hear from people in the D-community about praying for a cure. We have hope that someday, God will provide men with the science and resources they need to discover a cure. But here's a story out of Wisconsin that takes that prayer to a different level. Parents who basically refused to take take their 11-year-old daughter in for diabetes care, and instead prayed that she would be healed without any medical help. Last month, they received six months in jail for letting her die and not seeking medical care. As it turns out, a story about his case aired on the D-Life show a few hours after I'd written this blog. Here's the video page , which also mentions another case about a California teenager who died from undiagnosed diabetes after his father and family declined to get medical care because of their faith. This reminds me of the Schmidt case out of Franklin, Ind. that I covered a few years ago, when reporting for a daily county newspaper there. Here's one story ...

That 32-hour day

A little overwhelmed. So much going on, too little time. The 2 a.m. hour rolls around and, again - as so often it happens - I find myself awake. Body and mind are tired, but the wheels are still turning. Want to write, need to write. That story from the soul that gives you a shiver as good as the moment you see a sunrise or sunset. Want to read, everything I can - the Bible, a former journalism mentor's family memoir, history of Freemasons. Intrigued by my family history, and want to explore every depth and chronicle that genealogical story before it's lost. Gears are going on the emailed political debates with an old roommate and close friend. Another good bud brings up interesting notions in our joint-efforts to study religion. My mind goes, too, to my Michigan trip this weekend and all I need to accomplish at work before then. Work and legal issues playing out in my head, as I recap the high-profile trial I sat through today. Still have to work on the neighborhood newslette...

Diabetes and the Law

Legal issues intersect with every aspect of life. Including diabetes. So, in browsing the Internet recently, I came across a California attorney specializing in legal issues involving diabetes. Everything from employment and labor disputes, issues with the BMVs and drivers licenses, HMOs and types of care. The attorney is based in Santa Monica, named Kriss Halpern - here's his website . Interesting stuff. Brings to mind the recent story about the troop they wouldn't let serve in Iraq at first because of his diabetes, or another couples ones here from northern Indiana - police not recognizing signs of low blood sugars, and misinterpreting reactions to be signs of drunkness or resistance... Resulted in beatings, arrests and other litigation-sparring situations. One from last fall, when the family of a diabetic man challenged the police assertion that he smelled of alcohol when officers touched off a violent confrontation that ended with the man in a coma. Suit came from that one...

Who should die?

Death penalty issues are always interesting to watch. They're so charged with emotion on all sides, from the victims' families wanting revenge or death (the "eye for an eye" theory), to the inmates pleading for life, advocates arguing against unjust behavior, and the legal world debating what the law says about "insanity" and methods of death. Good stuff. Now, an Indiana lawmaker has pitched an idea of voluntary selection of the death penalty. In other words, anyone sentenced to at least 200 years inprisonment or life without parole can elect for this death option. Of course, any deemed "mentally ill" would be excluded from all this somehow. How fascinating! This comes following a recent decision from Indiana Supreme Court justices disagreeing on the issue, but ultimately deciding to halt the execution of a "mentally ill" man condemed for shooting a state tropper back in 1993. They want to hear what the U.S. Supreme Court Justices say abo...