I have to catch up on these comments. I do want to ask – because I have been asked — what are the allocations and is it the stopgap that was just passed that will fund them? Where is the appropriations bill?
and Julie: Yes – there is not going to be a person who escapes psychiatric assessment – from in utero . . . (pregnant and lactating women are targets)
This Continues from “SEC. 399Z–2. INFANT AND EARLY CHILDHOOD MENTAL HEALTH PROMOTION, INTERVENTION, AND TREATMENT.
“(c) Application.—An eligible entity seeking a grant under subsection (a) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
“(d) Use Of Funds For Early Intervention And Treatment Programs.—An eligible entity may use amounts awarded under a grant under subsection (a)(1) to carry out the following:
“(1) Provide age-appropriate mental health promotion and early intervention services or mental illness treatment services, which may include specialized programs, for eligible children at significant risk of developing, showing early signs of, or having been diagnosed with a mental illness, including a serious emotional disturbance. Such services may include social and behavioral services as well as multigenerational therapy and other services that support the caregiving relationship.
“(2) Provide training for health care professionals with expertise in infant and early childhood mental health care with respect to appropriate and relevant integration with other disciplines such as primary care clinicians, early intervention specialists, child welfare staff, home visitors, early care and education providers, and others who work with young children and families.
“(3) Provide mental health consultation to personnel of early care and education programs (including licensed or regulated center-based and home-based child care, home visiting, preschool special education, and early intervention programs) who work with children and families.
“(4) Provide training for mental health clinicians in infant and early childhood in promising and evidence-based practices and models for infant and early childhood mental health treatment and early intervention, including with regard to practices for identifying and treating mental illness and behavioral disorders of infants and children resulting from exposure or repeated exposure to adverse childhood experiences or childhood trauma.
“(5) Provide age-appropriate assessment, diagnostic, and intervention services for eligible children, including early mental health promotion, intervention, and treatment services.
“(e) Matching Funds.—The Secretary may not award a grant under this section to an eligible entity unless the eligible entity agrees, with respect to the costs to be incurred by the eligible entity in carrying out the activities described in subsection (d), to make available non-Federal contributions (in cash or in kind) toward such costs in an amount that is not less than 10 percent of the total amount of Federal funds provided in the grant.
“(f) Authorization Of Appropriations.—To carry out this section, there are authorized to be appropriated $20,000,000 for the period of fiscal years 2018 through 2022.”.
Yes – and babies “(b) Eligible Children And Entities.—In this section:
“(1) ELIGIBLE CHILD.—The term ‘eligible child’ means a child from birth to not more than 12 years of age who—
“(A) is at risk for, shows early signs of, or has been diagnosed with a mental illness, including a serious emotional disturbance; and
“(B) may benefit from infant and early childhood intervention or treatment programs or specialized preschool or elementary school programs that are evidence-based or that have been scientifically demonstrated to show promise but would benefit from further applied development.
“(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a human services agency or nonprofit institution that—
“(A) employs licensed mental health professionals who have specialized training and experience in infant and early childhood mental health assessment, diagnosis, and treatment, or is accredited or approved by the appropriate State agency, as applicable, to provide for children from infancy to 12 years of age mental health promotion, intervention, or treatment services; and
“(B) provides services or programs described in subsection (a) that are evidence-based or that have been scientifically demonstrated to show promise but would benefit from further applied development.
Julie — it targets INFANTS, Children, Pregnant, Lactating, and Postpartum Women:
SEC. 10006. INFANT AND EARLY CHILDHOOD MENTAL HEALTH PROMOTION, INTERVENTION, AND TREATMENT.
Part Q of title III of the Public Health Service Act (42 U.S.C. 280h et seq.) is amended by adding at the end the following:
“SEC. 399Z–2. INFANT AND EARLY CHILDHOOD MENTAL HEALTH PROMOTION, INTERVENTION, AND TREATMENT.
“(a) Grants.—The Secretary shall—
“(1) award grants to eligible entities to develop, maintain, or enhance infant and early childhood mental health promotion, intervention, and treatment programs, including—
“(A) programs for infants and children at significant risk of developing, showing early signs of, or having been diagnosed with mental illness, including a serious emotional disturbance; and
“(B) multigenerational therapy and other services that support the caregiving relationship; and
“(2) ensure that programs funded through grants under this section are evidence-informed or evidence-based models, practices, and methods that are, as appropriate, culturally and linguistically appropriate, and can be replicated in other appropriate settings.
AA, Julie, oldhead, I like petitions – -I think they help raise consciousness – but I agree – they are in no way enough and do not equate actually talking with your legislators. Although, as we have seen time and again, a good relationship with a legislator does not equate to them voting the way we would like . . . at all….
Oldhead, yes, that Murphy is not coming out in these conversations remains an issue. I continue to call, but even in trying to cultivate relationships, there is not much issue or outrage expressed by those who I come up against. The prevailing attitude remains that these, while ‘unpleasant’ are acts of ‘benevolence’ and that must be challenged.
Yes, AA — #Cures in itself is a problem — the weakening of Institutional Review Board protections, the cash prizes for scientists, the ultimate expansion of the Brain Initiative . . . We are in a mess.
SEC. 14005. FORENSIC ASSERTIVE COMMUNITY TREATMENT INITIATIVES.
Section 2991 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa) is amended by—
(1) redesignating subsection (j) as subsection (o); and
(2) inserting after subsection (i) the following:
“(j) Forensic Assertive Community Treatment (FACT) Initiative Program.—
“(1) IN GENERAL.—The Attorney General may make grants to States, units of local government, territories, Indian Tribes, nonprofit agencies, or any combination thereof, to develop, implement, or expand Assertive Community Treatment initiatives to develop forensic assertive community treatment (referred to in this subsection as ‘FACT’) programs that provide high intensity services in the community for individuals with mental illness with involvement in the criminal justice system to prevent future incarcerations.
“(2) ALLOWABLE USES.—Grant funds awarded under this subsection may be used for—
“(A) multidisciplinary team initiatives for individuals with mental illnesses with criminal justice involvement that address criminal justice involvement as part of treatment protocols;
“(B) FACT programs that involve mental health professionals, criminal justice agencies, chemical dependency specialists, nurses, psychiatrists, vocational specialists, forensic peer specialists, forensic specialists, and dedicated administrative support staff who work together to provide recovery oriented, 24/7 wraparound services;
“(C) services such as integrated evidence-based practices for the treatment of co-occurring mental health and substance-related disorders, assertive outreach and engagement, community-based service provision at participants’ residence or in the community, psychiatric rehabilitation, recovery oriented services, services to address criminogenic risk factors, and community tenure;
“(D) payments for treatment providers that are approved by the State or Indian Tribe and licensed, if necessary, to provide needed treatment to eligible offenders participating in the program, including behavioral health services and aftercare supervision; and
“(E) training for all FACT teams to promote high-fidelity practice principles and technical assistance to support effective and continuing integration with criminal justice agency partners.
“(3) SUPPLEMENT AND NOT SUPPLANT.—Grants made under this subsection shall be used to supplement, and not supplant, non-Federal funds that would otherwise be available for programs described in this subsection.
“(4) APPLICATIONS.—To request a grant under this subsection, a State, unit of local government, territory, Indian Tribe, or nonprofit agency shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require.”.
Here is the section on ACT:
SEC. 9015. ASSERTIVE COMMUNITY TREATMENT GRANT PROGRAM.
Part B of title V of the Public Health Service Act (42 U.S.C. 290bb et seq.), as amended by section 9009, is further amended by adding at the end the following:
“SEC. 520M. ASSERTIVE COMMUNITY TREATMENT GRANT PROGRAM.
“(a) In General.—The Assistant Secretary shall award grants to eligible entities—
“(1) to establish assertive community treatment programs for adults with a serious mental illness; or
“(2) to maintain or expand such programs.
“(b) Eligible Entities.—To be eligible to receive a grant under this section, an entity shall be a State, political subdivision of a State, Indian tribe or tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act), mental health system, health care facility, or any other entity the Assistant Secretary deems appropriate.
“(c) Special Consideration.—In selecting among applicants for a grant under this section, the Assistant Secretary may give special consideration to the potential of the applicant’s program to reduce hospitalization, homelessness, and involvement with the criminal justice system while improving the health and social outcomes of the patient.
“(1) not later than the end of fiscal year 2021, submit a report to the appropriate congressional committees on the grant program under this section, including an evaluation of—
“(A) any cost savings and public health outcomes such as mortality, suicide, substance use disorders, hospitalization, and use of services;
“(B) rates of involvement with the criminal justice system of patients;
“(C) rates of homelessness among patients; and
“(D) patient and family satisfaction with program participation; and
“(2) provide appropriate information, training, and technical assistance to grant recipients under this section to help such recipients to establish, maintain, or expand their assertive community treatment programs.
“(e) Authorization Of Appropriations.—
“(1) IN GENERAL.—To carry out this section, there is authorized to be appropriated $5,000,000 for the period of fiscal years 2018 through 2022.
“(2) USE OF CERTAIN FUNDS.—Of the funds appropriated to carry out this section in any fiscal year, not more than 5 percent shall be available to the Assistant Secretary for carrying out subsection (d).”.
thanks Fred. Yes – Aggressive is right – they do not even try to hide it and to the average person who knows nothing of psychiatry (which with CURES will be a dwindling population as everyone is at risk for screening and interaction) — the average person thinks it is entirely legitimate that we are treated this way. And thanks for the work you are doing — I just tried the White House at the number you gave (thanks!) (202) 456-1111 and got through . . . except they only keep 9-5 business hours…. I cannot say I’m surprised…… Will continue to try.
Well, so much for the stopgap…. end of April — so this will bring us into the Trump administration (unless the electoral college does an amazing thing). ….
And here – -if Bazelon or other organizations that supported Matsui as the best of what can be lived with — get funding for these efforts, then it will become even more clear as to why it happened:
SEC. 11004. DEVELOPMENT AND DISSEMINATION OF MODEL TRAINING PROGRAMS.
(a) Initial Programs And Materials.—Not later than 1 year after the date of the enactment of this Act, the Secretary, in consultation with appropriate experts, shall identify the following model programs and materials, or (in the case that no such programs or materials exist) recognize private or public entities to develop and disseminate each of the following:
(1) Model programs and materials for training health care providers (including physicians, emergency medical personnel, psychiatrists, including child and adolescent psychiatrists, psychologists, counselors, therapists, nurse practitioners, physician assistants, behavioral health facilities and clinics, care managers, and hospitals, including individuals such as general counsels or regulatory compliance staff who are responsible for establishing provider privacy policies) regarding the permitted uses and disclosures, consistent with the standards governing the privacy and security of individually identifiable health information promulgated by the Secretary under part C of title XI of the Social Security Act (42 U.S.C. 1320d et seq.) and regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2 note) and such part C, of the protected health information of patients seeking or undergoing mental or substance use disorder treatment.
(2) A model program and materials for training patients and their families regarding their rights to protect and obtain information under the standards and regulations specified in paragraph (1).
(b) Periodic Updates.—The Secretary shall—
(1) periodically review and update the model programs and materials identified or developed under subsection (a); and
(2) disseminate the updated model programs and materials to the individuals described in subsection (a).
(c) Coordination.—The Secretary shall carry out this section in coordination with the Director of the Office for Civil Rights within the Department of Health and Human Services, the Assistant Secretary for Mental Health and Substance Use, the Administrator of the Health Resources and Services Administration, and the heads of other relevant agencies within the Department of Health and Human Services.
(d) Input Of Certain Entities.—In identifying, reviewing, or updating the model programs and materials under subsections (a) and (b), the Secretary shall solicit the input of relevant national, State, and local associations; medical societies; licensing boards; providers of mental and substance use disorder treatment; organizations with expertise on domestic violence, sexual assault, elder abuse, and child abuse; and organizations representing patients and consumers and the families of patients and consumers.
(e) Funding.—There are authorized to be appropriated to carry out this section—
(1) $4,000,000 for fiscal year 2018;
(2) $2,000,000 for each of fiscal years 2019 and 2020; and
(3) $1,000,000 for each of fiscal years 2021 and 2022.
And this is probably the most concerning part (although, of course it is all concerning):
(3) COMMUNICATION WITH FAMILY MEMBERS AND CAREGIVERS.—In addressing the circumstances described in paragraph (2), the guidance issued under this section shall clarify permitted uses or disclosures of protected health information for purposes of—
(A) communicating with a family member of the patient, caregiver of the patient, or other individual, to the extent that such family member, caregiver, or individual is involved in the care of the patient;
(B) in the case that the patient is an adult, communicating with a family member of the patient, caregiver of the patient, or other individual involved in the care of the patient;
(C) in the case that the patient is a minor, communicating with the parent or caregiver of the patient;
(D) involving the family members or caregivers of the patient, or others involved in the patient’s care or care plan, including facilitating treatment and medication adherence;
(E) listening to the patient, or receiving information with respect to the patient from the family or caregiver of the patient;
(F) communicating with family members of the patient, caregivers of the patient, law enforcement, or others when the patient presents a serious and imminent threat of harm to self or others; and
(G) communicating to law enforcement and family members or caregivers of the patient about the admission of the patient to receive care at, or the release of a patient from, a facility for an emergency psychiatric hold or involuntary treatment.
SEC. 11003. CLARIFICATION ON PERMITTED USES AND DISCLOSURES OF PROTECTED HEALTH INFORMATION.
(a) In General.—The Secretary, acting through the Director of the Office for Civil Rights, shall ensure that health care providers, professionals, patients and their families, and others involved in mental or substance use disorder treatment have adequate, accessible, and easily comprehensible resources relating to appropriate uses and disclosures of protected health information under the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2 note).
(b) Guidance.—
(1) ISSUANCE.—In carrying out subsection (a), not later than 1 year after the date of enactment of this section, the Secretary shall issue guidance clarifying the circumstances under which, consistent with regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996, a health care provider or covered entity may use or disclose protected health information.
(2) CIRCUMSTANCES ADDRESSED.—The guidance issued under this section shall address circumstances including those that—
(A) require the consent of the patient;
(B) require providing the patient with an opportunity to object;
(C) are based on the exercise of professional judgment regarding whether the patient would object when the opportunity to object cannot practicably be provided because of the incapacity of the patient or an emergency treatment circumstance; and
(D) are determined, based on the exercise of professional judgment, to be in the best interest of the patient when the patient is not present or otherwise incapacitated.
SEC. 11002. CONFIDENTIALITY OF RECORDS.
Not later than 1 year after the date on which the Secretary of Health and Human Services (in this title referred to as the “Secretary”) first finalizes regulations updating part 2 of title 42, Code of Federal Regulations, relating to confidentiality of alcohol and drug abuse patient records, after the date of enactment of this Act, the Secretary shall convene relevant stakeholders to determine the effect of such regulations on patient care, health outcomes, and patient privacy.
Even though they suggest that they are just educating people about HIPAA (and who do you think is getting the money for this) their plans for education are problematic because they now argue that family/friends could always have given psychiatric workers and medical professionals information about a “loved one”.
TITLE XI—COMPASSIONATE COMMUNICATION ON HIPAA
SEC. 11001. SENSE OF CONGRESS.
(a) Findings.—Congress finds the following:
(1) According to the National Survey on Drug Use and Health, in 2015, there were approximately 9,800,000 adults in the United States with serious mental illness.
(2) The Substance Abuse and Mental Health Services Administration defines the term “serious mental illness” as an illness affecting individuals 18 years of age or older as having, at any time in the past year, a diagnosable mental, behavioral, or emotional disorder that results in serious functional impairment and substantially interferes with or limits one or more major life activities.
(3) In reporting on the incidence of serious mental illness, the Substance Abuse and Mental Health Services Administration includes major depression, schizophrenia, bipolar disorder, and other mental disorders that cause serious impairment.
(4) Adults with a serious mental illness are at a higher risk for chronic physical illnesses and premature death.
(5) According to the World Health Organization, adults with a serious mental illness have lifespans that are 10 to 25 years shorter than those without serious mental illness. The vast majority of these deaths are due to chronic physical medical conditions, such as cardiovascular, respiratory, and infectious diseases, as well as diabetes and hypertension.
(6) According to the World Health Organization, the majority of deaths of adults with a serious mental illness that are due to physical medical conditions are preventable.
(7) Supported decision making can facilitate care decisions in areas where serious mental illness may impact the capacity of an individual to determine a course of treatment while still allowing the individual to make decisions independently.
(8) Help should be provided to adults with a serious mental illness to address their acute or chronic physical illnesses, make informed choices about treatment, and understand and follow through with appropriate treatment.
(9) There is confusion in the health care community regarding permissible practices under the regulations promulgated under the Health Insurance Portability and Accountability Act of 1996 (commonly known as “HIPAA”). This confusion may hinder appropriate communication of health care information or treatment preferences with appropriate caregivers.
(b) Sense Of Congress.—It is the sense of Congress that clarification is needed regarding the privacy rule promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2 note) regarding existing permitted uses and disclosures of health information by health care professionals to communicate with caregivers of adults with a serious mental illness to facilitate treatment.
I wrote about this some a bit back — Congresswoman Matsui was central to breaking down privacy rights as were those who supported her — people included as supposed advocates for us . . .
Here is what the legislations states (and it is important to note this is different than mental health courts and Assertive Community Treatment — both of which are also in HR34 and present similar problems of violating human rights):
“(3) the term ‘court-ordered assisted outpatient treatment’ means a program through which a court may order a treatment plan for an eligible patient that—
“(A) requires such patient to obtain outpatient mental health treatment while the patient is not currently residing in a correctional facility or inpatient treatment facility; and
“(B) is designed to improve access and adherence by such patient to intensive behavioral health services in order to—
“(i) avert relapse, repeated hospitalizations, arrest, incarceration, suicide, property destruction, and violent behavior; and
“(ii) provide such patient with the opportunity to live in a less restrictive alternative to incarceration or involuntary hospitalization; and
“(4) the term ‘eligible patient’ means an adult, mentally ill person who, as determined by a court—
“(A) has a history of violence, incarceration, or medically unnecessary hospitalizations;
“(B) without supervision and treatment, may be a danger to self or others in the community;
“(C) is substantially unlikely to voluntarily participate in treatment;
“(D) may be unable, for reasons other than indigence, to provide for any of his or her basic needs, such as food, clothing, shelter, health, or safety;
“(E) has a history of mental illness or a condition that is likely to substantially deteriorate if the person is not provided with timely treatment; or
“(F) due to mental illness, lacks capacity to fully understand or lacks judgment to make informed decisions regarding his or her need for treatment, care, or supervision.
If you would like to talk about this important issue: Yvonne Smith will have a show on Late Night with a Hero tonight, December 11, 2016 9PM Eastern (267)521-0167 to call in and be part of the show: http://www.blogtalkradio.com/talkwithtenney/2016/12/12/late-night-with-a-hero-host-yvonne-smith-with-ron-manderscheid-phd
Join Yvonne Smith on Late Night with Hero with Ron Manderscheid, Ph.D.Call in at (267)521-0167 on December 11, 2016 at 9PM Eastern, 8PM Central, 7PM Mountain, 6PM Pacific.
This week, Yvonne’s guest is Ron Manderscheid, Ph.D. Executive Director of the National Association of County Behavioral Health and Developmental Disability Directors and the National Association for Rural Mental Health.
HR 34 is at the President’s Desk to be signed.
Be part of the discussion about peers and the Murphy Bill. Find out for what is and what is not in H.R. 34 and what we can do going forward.
Join Yvonne Smith on Late Night with Hero with Ron Manderscheid, Ph.D.Call in at (267)521-0167 on December 11, 2016 at 9PM Eastern, 8PM Central, 7PM Mountain, 6PM Pacific.
This week, Yvonne’s guest is Ron Manderscheid, Ph.D. Executive Director of the National Association of County Behavioral Health and Developmental Disability Directors and the National Association for Rural Mental Health.
HR 34 is at the President’s Desk to be signed.
Be part of the discussion about peers and the Murphy Bill. Find out for what is and what is not in H.R. 34 and what we can do going forward.
Kayla, thanks for the link to the petition to VETO HR34 – -I signed it, but I too am not hopeful that it will work — however, I believe we must keep up the fight — re: Trump — I’m not sure what’s going to happen once Tom Price (if approved) is head of HHS . . . I think we need to be organizing on as many fronts as possible.
It was pointed out to me that it will be nearly impossible to legally overturn any veto. But we still have to make our opposition known (or try to make it known). I’ve taken to twitter: https://twitter.com/lauren10e/status/807336656076492801 you can follow me @lauren10e
It is not the end, oldhead, and yes thank you to you and all others working to stop H.R. 34 – there’s a slim to none chance for VETO – creating the record of opposition is important for the historical record. Congressman Murphy did well at shielding the public from opposition to his efforts. The way these bills — Cures and #MurphyBills were pushed through, along with the other amendments needs to be a continued focus. #psychiatrictsuNAMI stay tuned. Friends welcome https://www.facebook.com/photo.php?fbid=10157744584325462&l=a9431a4c6d
Motion to Concur in the House Message to accompany H.R. 34, the 21st Century CURES Act, is the pending question. Voted Aye: 94 NAY: 5 ( #VETOHR34
BE HONEST ABOUT THE 21ST CENTURY #CURES ACT.
TELL THE PUBLIC ABOUT THE TSUNAMI WARNING SCAM.
PRESIDENT OBAMA:::
VETO H.R.34
(P)HARMA INCENTIVES BILL.
WEAKENING ALL TYPES OF PROTECTIONS.
MASSIVE PSYCHIATRIC RESTRUCTURING.
EVERYONE IS AT RISK.
STOP FUNDING FRAUD.
DO NOT BE MANIPULATED BY WHAT THIS IS CALLED
AND WHO IT IS NAMED FOR. THIS IS A FRAUD.
#PsychiatricTsuNAMI #PresidentObama #VETOHR34 https://www.facebook.com/photo.php?fbid=10157744584325462&l=a9431a4c6d
STOP THE #PSYCHIATRICTSUNAMI REMOVE #MURPHYBILLS
FROM #CURES
BE HONEST 21ST CENTURY
TELL THE PUBLIC ABOUT THE TSUNAMI WARNING.SCAM.
No on H.R. 34 VETO H.R.34 IF IT PASSES
#psychiatrictsuNAMI Call your senators now! No on H.R. 34 votes. Filibuster if you can. If H.R. 34 passes, press for VETO. https://www.facebook.com/photo.php?fbid=10157743179885462&l=a78f8cad62
The vote may be tomorrow — 12/7/16, 30 hours after cloture was invoked. However, it might come sooner. Stay tuned: Another message to U.S. Senator Bernie Sanders was delivered for a #filibuster. VOTE NO on appending #HR34 #psychiatricstuNAMI
2:15PM
12/06/2016
the Senate
again considers
H.R. 34 #PsychiatrictsuNAMI
there’s still time to contact your SENATORS
and maybe REPRESENTATIVES
before this gets sent to the PRESIDENT.
VETO IF HR34 PASSES.
Senator from Washington Just announced that they will be voting on #HR34 either “really late tonight or tomorrow morning”. #psychiatrictsuNAMI #filibuster vote no.
I just spoke with U.S. Senator Bernie Sanders office again. The vote is scheduled for today on HR 34 #psychiatrictsuNAMI — Bernie is still voting NO — I asked if there was any possibility of a filibuster and was told that the person, “I will certainly pass on the suggestion”. CALL YOUR SENATORS!! http://www.senate.gov/general/contact_information/senators_cfm.cfm
#PsychiatricTsuNAMI definition of ‘eligible patient’ under court-ordered assisted outpatient treatment
“(4) the term ‘eligible patient’ means an adult, mentally ill person who, as determined by a court—
“(A) has a history of violence, incarceration, or medically unnecessary hospitalizations;
“(B) without supervision and treatment, may be a danger to self or others in the community;
“(C) is substantially unlikely to voluntarily participate in treatment;
“(D) may be unable, for reasons other than indigence, to provide for any of his or her basic needs, such as food, clothing, shelter, health, or safety;
“(E) has a history of mental illness or a condition that is likely to substantially deteriorate if the person is not provided with timely treatment; OR
“(F) due to mental illness, lacks capacity to fully understand or lacks judgment to make informed decisions regarding his or her need for treatment, care, or supervision.”.
Notice: that’s an “or” between (E) and (F), not an “and”.
Call your legislators now. 10AM December 6 the Senate resumes consideration of H.R. 34. Help us create a record of opposition.
oldhead – I just dialed (202) 224-5141 and it worked, I reached one of Bernie’s aids. He is still opposing it. They are still expecting a vote at 5:30. The person I spoke to was not aware of the press conference starting at 2:30 today. NOW.
VOTE on HR 34 EXPECTED AT 5:30 PM DECEMBER 5, 2016 Call U.S. Senator Bernie Sanders (202) 224-5141. fax (202) 228-0776. Tell his office to delay the vote, to not append H.R. 34 and to remove any psychiatric legislation from Cures.
Call for a filibuster. . .
THE SENATE IS TO CONVENE AT 3:00 PM. TO AGAINTAKE UP HR 34. SENATORS MURPHY, CASSIDY, ALEXANDER, AND CORNYN AND REPESENTATIVES MURPHY, JOHNSON, AND UPTON MAY MAKE A SNEAK ATTACK AT 2:30 PM TO TRY TO SWAY THE VOTE AND MOVE HR 34 TO THE PRESIDENT.
No matter what time or day it is, call your elected officials.
Let them know what your position is. Tell them to oppose any coercive psychiatric legislation.
Tell them to reject any legislation that is pushed forward using parliamentary procedure.
Demand the legislature be honest with the people. #psychiatrictsuNAMI
#psychiatrictsuNAMI They merged together #Cures and #MurphyBills which for years could not pass on their own. They deleted the text of the Tsunami Warning bill that passed, replaced the text with 996 pages that were not passable, on the Friday after Thanksgiving, and here it is, not even a week later, passing House, about to pass Senate, if they even take a vote, (remember Congressman Tim Murphy (PA-18) leaked a media advisory) . . . and HR 34, we can expect, very soon will be heading to the President for signature, if proponents get there way. This is what it is like now. What’s it going to be like if the Electoral College actually votes for Donald J. Trump?
On Sunday, December 4, 2016 at 9PM Eastern, call in to (267)521-0167 to be part of the program. This is an urgent call for you to speak out to your legislators.
On this show, Yvonne Smith, Lauren Tenney, and others will discuss things that you can talk about with your Senators AND Representatives concerning the scam of amending the Tsunami Warning, Education, and Research Act of 2015 H.R. 34 as the 21st Century #CuresAct amendment, which includes awful versions of the Murphy Bills and multiple other bills that Senators are still attempting to amend before a vote. They are pushing this through and if you can believe, Senators are even still adding amendments.
Senate will take up the proposed amendments on Monday, December 5, 2016, or earlier.
PLEASE ACT NOW AND HELP STOP THE AMENDMENT TO HR 34. #tsunNAMIWarning
EVERYBODY: This bill will change your life. It particularly targets: babies, children, teens, young adults, college students, pregnant and lactating women, seniors, veterans, and EVERYONE WHO USES PHYSICAL HEALTH SERVICES. Please, before Monday morning – leave as many messages on your Senators AND Representatives Voicemail opposing the scam of amending the HR 34 the Tsunami Warning, Education, and Research Act of 2015 as the 21st Century #CuresAct amendment which includes awful versions of the Murphy Bills and multiple other bills that Senators are still attempting to amend before a vote. They are pushing this through and if you can believe, Senators are even still adding amendments. Senate will take up the proposed amendments on Monday, December 5, 2016, or earlier – so keep an eye out for another sneak attack. Even if they pull this state-sanctioned scan of what an aid from a Representative’s Office explained to me as “a simple parliamentary procedure” it will have to go back tot he House of Representatives and if it passes there, on to the President. PLEASE ACT NOW AND STOP HR 34. #tsunNAMIWarning For more information: https://www.madinamerica.com/2016/11/warning-psychiatric-tsunami-upon-u-s/
Thanks to all out there responding and getting in touch with your legislators. As a way of update, as I understand it, HR34 is officially at the Senate and is designated as ”resolving differences” which also can be seen as the phase where amendments to the amendment are being added and then will be voted on sent to the House, and the volley continues and at some point it’s going to get to the President. tsuNAMI was probably the most accurate thing this can be called . . . CALL YOUR ELECTED OFFICIALS IN THE CONGRESS AND SENATE TODAY. VOTE NO on HR 34.
If you would like your comments to be also taken into a compilation of comments, please share them here and they will be incorporated into a final document.
If you are writing a letter to the FDA to be included in the docket – please be sure to include at the top of your letter:
[Docket No. FDA-2014-N-1210] Neurological Devices; Reclassification of Electroconvulsive Therapy Devices Intended for Use in Treating Severe Major Depressive Episode in Patients 18 Years of Age and Older Who Are Treatment Resistant or Require a Rapid Response; Effective Date of Requirement for Premarket Approval for Electroconvulsive Therapy for Certain Specified Intended Uses.
They will only accept the material into the public docket if that is published on it. The public docket is public. If you have confidential information to share with the FDA you can send two copies, one redacted, that will become part of the public docket. There are instructions on how to do this here:
I think part of how we change it is by continued exposure.
I think that most people do not even realize that electroshock is still used and those who are aware of it have been sold a false bill of goods . . .
I think whenever and wherever we can, to speak out and shine light on all of the fraudulent practices, procedures, and products peddled by psychiatry with the power of the state through policy, regulations, and laws. . . it is a monster.
I think that your responses to people who have said electroshock was helpful to someone they know or themselves is really helpful – and I will keep it in mind if I have the rare occasion of someone saying something positive about electroshock. When I have had exchanges with people who have shared those sentiments, I usually mention the fraudulent-DSM caveat for a label of “mania” – for the assignor to be sure the person had not been electroshocked because it can create a type of “mania” that quickly subsides. . . . I also ask how they feel about electroshock being done on someone without informed consent and choice, via coercion or outright force or court-order, these people are consistently alarmed that it could be given to someone over their objection or without full informed consent.
And I inadvertently left off a reference – of a book that I heavily rely on and think everyone ought to read — Linda Andre’s Doctors of Deception: What Everyone Ought to Know About Electroshock.
Informed consent in the situation of “voluntary” use of electroshock is as much of a sham as “sham ECT” itself. Sham ECT, if you don’t know is a type of research study on the use of electroshock where one is told they are given electroshock but are not actually given electroshock.
I am trying to go through the consent forms and other materials that were sent.
Concerning electroshock while pregnant and the VA/DoD’s support for electroshock as a first-line treatment for women who are pregnant, there seems to be no special “risks” associated with it, in the consent forms I have obtained.
We really need to hold the VA — and as you point out — all of psychiatry — responsible and end the fraud.
And yes — what it feels like to have one’s memory wiped out from electroshock (although I was not subjected to electroshock myself).
At the FDA hearings in 2011 I was really horrified by the Medical and Neurological Device Panel discussion over whether the known memory loss caused by electroshock was really a risk or a problem. I remember Loretta Wilson talking about what it was like having parts her memory wiped out. I do not know how a medical person can justify memory loss as anything other than having profound ramifications on the lives of a living being. Here’s the video that came out of those hearings. https://www.youtube.com/watch?v=tQ4vKpJo2KA
Thanks for this article . . . You nailed it. What did the psychologists know and when did they know it? Even worse than expected, I think . . . . here’s something for you now that the Hoffman Report has come out — and issues within the Society for Women in Psychology of the APA . . . . https://talkwithtenney.wordpress.com/torture-and-the-new-feminists-apa-collusion-with-dod/
Bonnie,
What an extraordinary tribute to Sue. Powerful and cutting. I know others will also look for Sue and I am still in disbelief that I will not hear her, to keep me focused and on track, to fuel my anger, to be a support. Sue was not only a pillar in the movement, she was a part of my support network and I really am beside myself, with a feeling of loss. I am so glad that she spoke out as often as she did and hope that her work inspires others to continue.
We can do better. Please join us at the Annual Protest of the American Psychiatric Association on May 4, 2014 across the street from the Jacob Javits Convention Center (34th & 11th Avenue, NYC, HIGH NOON. An amazing group of speakers will be there to speak out against our jailers. http://ireport.cnn.com/docs/DOC-1125624 #FreeJustina #StopPsychAssault #StopMutphyBill Please join us Protest the American Psychiatric Association
JanCarol,
Yes — but not if it goes into effect, when it goes into effect. HR34 was signed into law by President Obama.
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Here is another bill of concern that just passed the House: H.R. 4919 — microchipping humans…. https://www.congress.gov/bill/114th-congress/house-bill/4919/text
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I have to catch up on these comments. I do want to ask – because I have been asked — what are the allocations and is it the stopgap that was just passed that will fund them? Where is the appropriations bill?
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and Julie: Yes – there is not going to be a person who escapes psychiatric assessment – from in utero . . . (pregnant and lactating women are targets)
This Continues from “SEC. 399Z–2. INFANT AND EARLY CHILDHOOD MENTAL HEALTH PROMOTION, INTERVENTION, AND TREATMENT.
“(c) Application.—An eligible entity seeking a grant under subsection (a) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
“(d) Use Of Funds For Early Intervention And Treatment Programs.—An eligible entity may use amounts awarded under a grant under subsection (a)(1) to carry out the following:
“(1) Provide age-appropriate mental health promotion and early intervention services or mental illness treatment services, which may include specialized programs, for eligible children at significant risk of developing, showing early signs of, or having been diagnosed with a mental illness, including a serious emotional disturbance. Such services may include social and behavioral services as well as multigenerational therapy and other services that support the caregiving relationship.
“(2) Provide training for health care professionals with expertise in infant and early childhood mental health care with respect to appropriate and relevant integration with other disciplines such as primary care clinicians, early intervention specialists, child welfare staff, home visitors, early care and education providers, and others who work with young children and families.
“(3) Provide mental health consultation to personnel of early care and education programs (including licensed or regulated center-based and home-based child care, home visiting, preschool special education, and early intervention programs) who work with children and families.
“(4) Provide training for mental health clinicians in infant and early childhood in promising and evidence-based practices and models for infant and early childhood mental health treatment and early intervention, including with regard to practices for identifying and treating mental illness and behavioral disorders of infants and children resulting from exposure or repeated exposure to adverse childhood experiences or childhood trauma.
“(5) Provide age-appropriate assessment, diagnostic, and intervention services for eligible children, including early mental health promotion, intervention, and treatment services.
“(e) Matching Funds.—The Secretary may not award a grant under this section to an eligible entity unless the eligible entity agrees, with respect to the costs to be incurred by the eligible entity in carrying out the activities described in subsection (d), to make available non-Federal contributions (in cash or in kind) toward such costs in an amount that is not less than 10 percent of the total amount of Federal funds provided in the grant.
“(f) Authorization Of Appropriations.—To carry out this section, there are authorized to be appropriated $20,000,000 for the period of fiscal years 2018 through 2022.”.
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Yes – and babies “(b) Eligible Children And Entities.—In this section:
“(1) ELIGIBLE CHILD.—The term ‘eligible child’ means a child from birth to not more than 12 years of age who—
“(A) is at risk for, shows early signs of, or has been diagnosed with a mental illness, including a serious emotional disturbance; and
“(B) may benefit from infant and early childhood intervention or treatment programs or specialized preschool or elementary school programs that are evidence-based or that have been scientifically demonstrated to show promise but would benefit from further applied development.
“(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a human services agency or nonprofit institution that—
“(A) employs licensed mental health professionals who have specialized training and experience in infant and early childhood mental health assessment, diagnosis, and treatment, or is accredited or approved by the appropriate State agency, as applicable, to provide for children from infancy to 12 years of age mental health promotion, intervention, or treatment services; and
“(B) provides services or programs described in subsection (a) that are evidence-based or that have been scientifically demonstrated to show promise but would benefit from further applied development.
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Julie — it targets INFANTS, Children, Pregnant, Lactating, and Postpartum Women:
SEC. 10006. INFANT AND EARLY CHILDHOOD MENTAL HEALTH PROMOTION, INTERVENTION, AND TREATMENT.
Part Q of title III of the Public Health Service Act (42 U.S.C. 280h et seq.) is amended by adding at the end the following:
“SEC. 399Z–2. INFANT AND EARLY CHILDHOOD MENTAL HEALTH PROMOTION, INTERVENTION, AND TREATMENT.
“(a) Grants.—The Secretary shall—
“(1) award grants to eligible entities to develop, maintain, or enhance infant and early childhood mental health promotion, intervention, and treatment programs, including—
“(A) programs for infants and children at significant risk of developing, showing early signs of, or having been diagnosed with mental illness, including a serious emotional disturbance; and
“(B) multigenerational therapy and other services that support the caregiving relationship; and
“(2) ensure that programs funded through grants under this section are evidence-informed or evidence-based models, practices, and methods that are, as appropriate, culturally and linguistically appropriate, and can be replicated in other appropriate settings.
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AA, Julie, oldhead, I like petitions – -I think they help raise consciousness – but I agree – they are in no way enough and do not equate actually talking with your legislators. Although, as we have seen time and again, a good relationship with a legislator does not equate to them voting the way we would like . . . at all….
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Oldhead, yes, that Murphy is not coming out in these conversations remains an issue. I continue to call, but even in trying to cultivate relationships, there is not much issue or outrage expressed by those who I come up against. The prevailing attitude remains that these, while ‘unpleasant’ are acts of ‘benevolence’ and that must be challenged.
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Yes – Rosalind Adams did a terrific report. Senators Grassley, Warren, and Kennedy have responded – -here is Rosalind Adams follow up: https://www.buzzfeed.com/rosalindadams/lawmakers-sound-alarms-on-uhs-psychiatric-hospitals/?utm_term=.dgyOO1gyEN#.idJzznQkDR
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Yes, AA — #Cures in itself is a problem — the weakening of Institutional Review Board protections, the cash prizes for scientists, the ultimate expansion of the Brain Initiative . . . We are in a mess.
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and here is the section on ACT for Forensics:
SEC. 14005. FORENSIC ASSERTIVE COMMUNITY TREATMENT INITIATIVES.
Section 2991 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa) is amended by—
(1) redesignating subsection (j) as subsection (o); and
(2) inserting after subsection (i) the following:
“(j) Forensic Assertive Community Treatment (FACT) Initiative Program.—
“(1) IN GENERAL.—The Attorney General may make grants to States, units of local government, territories, Indian Tribes, nonprofit agencies, or any combination thereof, to develop, implement, or expand Assertive Community Treatment initiatives to develop forensic assertive community treatment (referred to in this subsection as ‘FACT’) programs that provide high intensity services in the community for individuals with mental illness with involvement in the criminal justice system to prevent future incarcerations.
“(2) ALLOWABLE USES.—Grant funds awarded under this subsection may be used for—
“(A) multidisciplinary team initiatives for individuals with mental illnesses with criminal justice involvement that address criminal justice involvement as part of treatment protocols;
“(B) FACT programs that involve mental health professionals, criminal justice agencies, chemical dependency specialists, nurses, psychiatrists, vocational specialists, forensic peer specialists, forensic specialists, and dedicated administrative support staff who work together to provide recovery oriented, 24/7 wraparound services;
“(C) services such as integrated evidence-based practices for the treatment of co-occurring mental health and substance-related disorders, assertive outreach and engagement, community-based service provision at participants’ residence or in the community, psychiatric rehabilitation, recovery oriented services, services to address criminogenic risk factors, and community tenure;
“(D) payments for treatment providers that are approved by the State or Indian Tribe and licensed, if necessary, to provide needed treatment to eligible offenders participating in the program, including behavioral health services and aftercare supervision; and
“(E) training for all FACT teams to promote high-fidelity practice principles and technical assistance to support effective and continuing integration with criminal justice agency partners.
“(3) SUPPLEMENT AND NOT SUPPLANT.—Grants made under this subsection shall be used to supplement, and not supplant, non-Federal funds that would otherwise be available for programs described in this subsection.
“(4) APPLICATIONS.—To request a grant under this subsection, a State, unit of local government, territory, Indian Tribe, or nonprofit agency shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require.”.
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Here is the section on ACT:
SEC. 9015. ASSERTIVE COMMUNITY TREATMENT GRANT PROGRAM.
Part B of title V of the Public Health Service Act (42 U.S.C. 290bb et seq.), as amended by section 9009, is further amended by adding at the end the following:
“SEC. 520M. ASSERTIVE COMMUNITY TREATMENT GRANT PROGRAM.
“(a) In General.—The Assistant Secretary shall award grants to eligible entities—
“(1) to establish assertive community treatment programs for adults with a serious mental illness; or
“(2) to maintain or expand such programs.
“(b) Eligible Entities.—To be eligible to receive a grant under this section, an entity shall be a State, political subdivision of a State, Indian tribe or tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act), mental health system, health care facility, or any other entity the Assistant Secretary deems appropriate.
“(c) Special Consideration.—In selecting among applicants for a grant under this section, the Assistant Secretary may give special consideration to the potential of the applicant’s program to reduce hospitalization, homelessness, and involvement with the criminal justice system while improving the health and social outcomes of the patient.
“(d) Additional Activities.—The Assistant Secretary shall—
“(1) not later than the end of fiscal year 2021, submit a report to the appropriate congressional committees on the grant program under this section, including an evaluation of—
“(A) any cost savings and public health outcomes such as mortality, suicide, substance use disorders, hospitalization, and use of services;
“(B) rates of involvement with the criminal justice system of patients;
“(C) rates of homelessness among patients; and
“(D) patient and family satisfaction with program participation; and
“(2) provide appropriate information, training, and technical assistance to grant recipients under this section to help such recipients to establish, maintain, or expand their assertive community treatment programs.
“(e) Authorization Of Appropriations.—
“(1) IN GENERAL.—To carry out this section, there is authorized to be appropriated $5,000,000 for the period of fiscal years 2018 through 2022.
“(2) USE OF CERTAIN FUNDS.—Of the funds appropriated to carry out this section in any fiscal year, not more than 5 percent shall be available to the Assistant Secretary for carrying out subsection (d).”.
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also, Kayla shared this VETO HR34 petition — doubtful, but creating a record of opposition is important . .. https://www.change.org/p/barack-obama-veto-the-21st-century-cures-act
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thanks Fred. Yes – Aggressive is right – they do not even try to hide it and to the average person who knows nothing of psychiatry (which with CURES will be a dwindling population as everyone is at risk for screening and interaction) — the average person thinks it is entirely legitimate that we are treated this way. And thanks for the work you are doing — I just tried the White House at the number you gave (thanks!) (202) 456-1111 and got through . . . except they only keep 9-5 business hours…. I cannot say I’m surprised…… Will continue to try.
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Well, so much for the stopgap…. end of April — so this will bring us into the Trump administration (unless the electoral college does an amazing thing). ….
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And here – -if Bazelon or other organizations that supported Matsui as the best of what can be lived with — get funding for these efforts, then it will become even more clear as to why it happened:
SEC. 11004. DEVELOPMENT AND DISSEMINATION OF MODEL TRAINING PROGRAMS.
(a) Initial Programs And Materials.—Not later than 1 year after the date of the enactment of this Act, the Secretary, in consultation with appropriate experts, shall identify the following model programs and materials, or (in the case that no such programs or materials exist) recognize private or public entities to develop and disseminate each of the following:
(1) Model programs and materials for training health care providers (including physicians, emergency medical personnel, psychiatrists, including child and adolescent psychiatrists, psychologists, counselors, therapists, nurse practitioners, physician assistants, behavioral health facilities and clinics, care managers, and hospitals, including individuals such as general counsels or regulatory compliance staff who are responsible for establishing provider privacy policies) regarding the permitted uses and disclosures, consistent with the standards governing the privacy and security of individually identifiable health information promulgated by the Secretary under part C of title XI of the Social Security Act (42 U.S.C. 1320d et seq.) and regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2 note) and such part C, of the protected health information of patients seeking or undergoing mental or substance use disorder treatment.
(2) A model program and materials for training patients and their families regarding their rights to protect and obtain information under the standards and regulations specified in paragraph (1).
(b) Periodic Updates.—The Secretary shall—
(1) periodically review and update the model programs and materials identified or developed under subsection (a); and
(2) disseminate the updated model programs and materials to the individuals described in subsection (a).
(c) Coordination.—The Secretary shall carry out this section in coordination with the Director of the Office for Civil Rights within the Department of Health and Human Services, the Assistant Secretary for Mental Health and Substance Use, the Administrator of the Health Resources and Services Administration, and the heads of other relevant agencies within the Department of Health and Human Services.
(d) Input Of Certain Entities.—In identifying, reviewing, or updating the model programs and materials under subsections (a) and (b), the Secretary shall solicit the input of relevant national, State, and local associations; medical societies; licensing boards; providers of mental and substance use disorder treatment; organizations with expertise on domestic violence, sexual assault, elder abuse, and child abuse; and organizations representing patients and consumers and the families of patients and consumers.
(e) Funding.—There are authorized to be appropriated to carry out this section—
(1) $4,000,000 for fiscal year 2018;
(2) $2,000,000 for each of fiscal years 2019 and 2020; and
(3) $1,000,000 for each of fiscal years 2021 and 2022.
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And this is probably the most concerning part (although, of course it is all concerning):
(3) COMMUNICATION WITH FAMILY MEMBERS AND CAREGIVERS.—In addressing the circumstances described in paragraph (2), the guidance issued under this section shall clarify permitted uses or disclosures of protected health information for purposes of—
(A) communicating with a family member of the patient, caregiver of the patient, or other individual, to the extent that such family member, caregiver, or individual is involved in the care of the patient;
(B) in the case that the patient is an adult, communicating with a family member of the patient, caregiver of the patient, or other individual involved in the care of the patient;
(C) in the case that the patient is a minor, communicating with the parent or caregiver of the patient;
(D) involving the family members or caregivers of the patient, or others involved in the patient’s care or care plan, including facilitating treatment and medication adherence;
(E) listening to the patient, or receiving information with respect to the patient from the family or caregiver of the patient;
(F) communicating with family members of the patient, caregivers of the patient, law enforcement, or others when the patient presents a serious and imminent threat of harm to self or others; and
(G) communicating to law enforcement and family members or caregivers of the patient about the admission of the patient to receive care at, or the release of a patient from, a facility for an emergency psychiatric hold or involuntary treatment.
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SEC. 11003. CLARIFICATION ON PERMITTED USES AND DISCLOSURES OF PROTECTED HEALTH INFORMATION.
(a) In General.—The Secretary, acting through the Director of the Office for Civil Rights, shall ensure that health care providers, professionals, patients and their families, and others involved in mental or substance use disorder treatment have adequate, accessible, and easily comprehensible resources relating to appropriate uses and disclosures of protected health information under the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2 note).
(b) Guidance.—
(1) ISSUANCE.—In carrying out subsection (a), not later than 1 year after the date of enactment of this section, the Secretary shall issue guidance clarifying the circumstances under which, consistent with regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996, a health care provider or covered entity may use or disclose protected health information.
(2) CIRCUMSTANCES ADDRESSED.—The guidance issued under this section shall address circumstances including those that—
(A) require the consent of the patient;
(B) require providing the patient with an opportunity to object;
(C) are based on the exercise of professional judgment regarding whether the patient would object when the opportunity to object cannot practicably be provided because of the incapacity of the patient or an emergency treatment circumstance; and
(D) are determined, based on the exercise of professional judgment, to be in the best interest of the patient when the patient is not present or otherwise incapacitated.
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SEC. 11002. CONFIDENTIALITY OF RECORDS.
Not later than 1 year after the date on which the Secretary of Health and Human Services (in this title referred to as the “Secretary”) first finalizes regulations updating part 2 of title 42, Code of Federal Regulations, relating to confidentiality of alcohol and drug abuse patient records, after the date of enactment of this Act, the Secretary shall convene relevant stakeholders to determine the effect of such regulations on patient care, health outcomes, and patient privacy.
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Even though they suggest that they are just educating people about HIPAA (and who do you think is getting the money for this) their plans for education are problematic because they now argue that family/friends could always have given psychiatric workers and medical professionals information about a “loved one”.
TITLE XI—COMPASSIONATE COMMUNICATION ON HIPAA
SEC. 11001. SENSE OF CONGRESS.
(a) Findings.—Congress finds the following:
(1) According to the National Survey on Drug Use and Health, in 2015, there were approximately 9,800,000 adults in the United States with serious mental illness.
(2) The Substance Abuse and Mental Health Services Administration defines the term “serious mental illness” as an illness affecting individuals 18 years of age or older as having, at any time in the past year, a diagnosable mental, behavioral, or emotional disorder that results in serious functional impairment and substantially interferes with or limits one or more major life activities.
(3) In reporting on the incidence of serious mental illness, the Substance Abuse and Mental Health Services Administration includes major depression, schizophrenia, bipolar disorder, and other mental disorders that cause serious impairment.
(4) Adults with a serious mental illness are at a higher risk for chronic physical illnesses and premature death.
(5) According to the World Health Organization, adults with a serious mental illness have lifespans that are 10 to 25 years shorter than those without serious mental illness. The vast majority of these deaths are due to chronic physical medical conditions, such as cardiovascular, respiratory, and infectious diseases, as well as diabetes and hypertension.
(6) According to the World Health Organization, the majority of deaths of adults with a serious mental illness that are due to physical medical conditions are preventable.
(7) Supported decision making can facilitate care decisions in areas where serious mental illness may impact the capacity of an individual to determine a course of treatment while still allowing the individual to make decisions independently.
(8) Help should be provided to adults with a serious mental illness to address their acute or chronic physical illnesses, make informed choices about treatment, and understand and follow through with appropriate treatment.
(9) There is confusion in the health care community regarding permissible practices under the regulations promulgated under the Health Insurance Portability and Accountability Act of 1996 (commonly known as “HIPAA”). This confusion may hinder appropriate communication of health care information or treatment preferences with appropriate caregivers.
(b) Sense Of Congress.—It is the sense of Congress that clarification is needed regarding the privacy rule promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2 note) regarding existing permitted uses and disclosures of health information by health care professionals to communicate with caregivers of adults with a serious mental illness to facilitate treatment.
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Lauren,
I wrote about this some a bit back — Congresswoman Matsui was central to breaking down privacy rights as were those who supported her — people included as supposed advocates for us . . .
https://www.madinamerica.com/2015/06/a-witness-to-fraud/
https://www.madinamerica.com/2015/08/s-1945-the-new-fraud-getting-into-the-mental-health-reform-act-of-2015/
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Dangerous times…. I wish people would wake up.
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I am also working on a survival guide based off of the federal government’s actual tsunami warning guide…. https://www.facebook.com/photo.php?fbid=10157766590430462&l=152510ada5
Here’s the government guide: https://www.ready.gov/tsunamis
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Here is what the legislations states (and it is important to note this is different than mental health courts and Assertive Community Treatment — both of which are also in HR34 and present similar problems of violating human rights):
“(3) the term ‘court-ordered assisted outpatient treatment’ means a program through which a court may order a treatment plan for an eligible patient that—
“(A) requires such patient to obtain outpatient mental health treatment while the patient is not currently residing in a correctional facility or inpatient treatment facility; and
“(B) is designed to improve access and adherence by such patient to intensive behavioral health services in order to—
“(i) avert relapse, repeated hospitalizations, arrest, incarceration, suicide, property destruction, and violent behavior; and
“(ii) provide such patient with the opportunity to live in a less restrictive alternative to incarceration or involuntary hospitalization; and
“(4) the term ‘eligible patient’ means an adult, mentally ill person who, as determined by a court—
“(A) has a history of violence, incarceration, or medically unnecessary hospitalizations;
“(B) without supervision and treatment, may be a danger to self or others in the community;
“(C) is substantially unlikely to voluntarily participate in treatment;
“(D) may be unable, for reasons other than indigence, to provide for any of his or her basic needs, such as food, clothing, shelter, health, or safety;
“(E) has a history of mental illness or a condition that is likely to substantially deteriorate if the person is not provided with timely treatment; or
“(F) due to mental illness, lacks capacity to fully understand or lacks judgment to make informed decisions regarding his or her need for treatment, care, or supervision.
Here is the actual legislation passed for HR34 that is awaiting Obama’s signature (and hopefully he will not sign it): https://www.congress.gov/bill/114th-congress/house-bill/34/text
If you would like to talk about this important issue: Yvonne Smith will have a show on Late Night with a Hero tonight, December 11, 2016 9PM Eastern (267)521-0167 to call in and be part of the show: http://www.blogtalkradio.com/talkwithtenney/2016/12/12/late-night-with-a-hero-host-yvonne-smith-with-ron-manderscheid-phd
Join Yvonne Smith on Late Night with Hero with Ron Manderscheid, Ph.D.Call in at (267)521-0167 on December 11, 2016 at 9PM Eastern, 8PM Central, 7PM Mountain, 6PM Pacific.
This week, Yvonne’s guest is Ron Manderscheid, Ph.D. Executive Director of the National Association of County Behavioral Health and Developmental Disability Directors and the National Association for Rural Mental Health.
HR 34 is at the President’s Desk to be signed.
Be part of the discussion about peers and the Murphy Bill. Find out for what is and what is not in H.R. 34 and what we can do going forward.
Call in!
Tune in for up-to-the-minute-updates.
For previous shows: http://www.blogtalkradio.com/talkwithtenney/2016/12/05/emergency-senate-vote-on-amendment-to-hr-34-is-near-ideas-for-legislators
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Yvonne Smith on Late Night with A Hero tonight, December 11, 2016 has Ron Manderscheid on as a guest to walk through some of the implications of HR 34 as he sees them…. 9PM Eastern (267)521-0167 to call in and be part of the show. Here’s the link: http://www.blogtalkradio.com/talkwithtenney/2016/12/12/late-night-with-a-hero-host-yvonne-smith-with-ron-manderscheid-phd
Join Yvonne Smith on Late Night with Hero with Ron Manderscheid, Ph.D.Call in at (267)521-0167 on December 11, 2016 at 9PM Eastern, 8PM Central, 7PM Mountain, 6PM Pacific.
This week, Yvonne’s guest is Ron Manderscheid, Ph.D. Executive Director of the National Association of County Behavioral Health and Developmental Disability Directors and the National Association for Rural Mental Health.
HR 34 is at the President’s Desk to be signed.
Be part of the discussion about peers and the Murphy Bill. Find out for what is and what is not in H.R. 34 and what we can do going forward.
Call in!
Tune in for up-to-the-minute-updates.
For previous shows: http://www.blogtalkradio.com/talkwithtenney/2016/12/05/emergency-senate-vote-on-amendment-to-hr-34-is-near-ideas-for-legislators
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Kayla, thanks for the link to the petition to VETO HR34 – -I signed it, but I too am not hopeful that it will work — however, I believe we must keep up the fight — re: Trump — I’m not sure what’s going to happen once Tom Price (if approved) is head of HHS . . . I think we need to be organizing on as many fronts as possible.
Yvonne Smith on Late Night with A Hero tonight, December 11, 2016 has Ron Manderscheid on as a guest to walk through some of the implications of HR 34 as he sees them…. 9PM Eastern (267)521-0167 to call in and be part of the show.
Here’s the link: http://www.blogtalkradio.com/talkwithtenney/2016/12/12/late-night-with-a-hero-host-yvonne-smith-with-ron-manderscheid-phd
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It was pointed out to me that it will be nearly impossible to legally overturn any veto. But we still have to make our opposition known (or try to make it known). I’ve taken to twitter: https://twitter.com/lauren10e/status/807336656076492801 you can follow me @lauren10e
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thanks for sharing this, Julie.
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Here is the direct link to the White House for pending legislation, as you will see as of December , 2016 at 3:20 PM, H.R. 34 is first in line. https://www.whitehouse.gov/briefing-room/pending-legislation
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Well, here it is, H.R. 34 as it will be, anticipated to be signed at any moment: https://www.congress.gov/bill/114th-congress/house-bill/34/text
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It is not the end, oldhead, and yes thank you to you and all others working to stop H.R. 34 – there’s a slim to none chance for VETO – creating the record of opposition is important for the historical record. Congressman Murphy did well at shielding the public from opposition to his efforts. The way these bills — Cures and #MurphyBills were pushed through, along with the other amendments needs to be a continued focus. #psychiatrictsuNAMI stay tuned. Friends welcome https://www.facebook.com/photo.php?fbid=10157744584325462&l=a9431a4c6d
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Motion to Concur in the House Message to accompany H.R. 34, the 21st Century CURES Act, is the pending question. Voted Aye: 94 NAY: 5 ( #VETOHR34
BE HONEST ABOUT THE 21ST CENTURY #CURES ACT.
TELL THE PUBLIC ABOUT THE TSUNAMI WARNING SCAM.
PRESIDENT OBAMA:::
VETO H.R.34
(P)HARMA INCENTIVES BILL.
WEAKENING ALL TYPES OF PROTECTIONS.
MASSIVE PSYCHIATRIC RESTRUCTURING.
EVERYONE IS AT RISK.
STOP FUNDING FRAUD.
DO NOT BE MANIPULATED BY WHAT THIS IS CALLED
AND WHO IT IS NAMED FOR. THIS IS A FRAUD.
#PsychiatricTsuNAMI #PresidentObama #VETOHR34
https://www.facebook.com/photo.php?fbid=10157744584325462&l=a9431a4c6d
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STOP THE #PSYCHIATRICTSUNAMI REMOVE #MURPHYBILLS
FROM #CURES
BE HONEST 21ST CENTURY
TELL THE PUBLIC ABOUT THE TSUNAMI WARNING.SCAM.
No on H.R. 34 VETO H.R.34 IF IT PASSES
#psychiatrictsuNAMI Call your senators now! No on H.R. 34 votes. Filibuster if you can. If H.R. 34 passes, press for VETO. https://www.facebook.com/photo.php?fbid=10157743179885462&l=a78f8cad62
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9:30 AM the Senate again considers H.R. 34 http://floor.senate.gov/MediaPlayer.php?view_id=2&event_id=1143 #psychiatrictsuNAMI
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The vote may be tomorrow — 12/7/16, 30 hours after cloture was invoked. However, it might come sooner. Stay tuned: Another message to U.S. Senator Bernie Sanders was delivered for a #filibuster. VOTE NO on appending #HR34 #psychiatricstuNAMI
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https://www.facebook.com/photo.php?fbid=10157738584515462&l=80e56438b0
2:15PM
12/06/2016
the Senate
again considers
H.R. 34 #PsychiatrictsuNAMI
there’s still time to contact your SENATORS
and maybe REPRESENTATIVES
before this gets sent to the PRESIDENT.
VETO IF HR34 PASSES.
Find your SENATORS HERE: http://www.senate.gov/general/contact_information/senators_cfm.cfm
Find your REPRESENTATIVES HERE: http://www.house.gov/representatives
HELP CREATE A RECORD OF OPPOSITION
FOR THE AMENDMENT TO HR34.
#psychiatrictsuNAMI https://www.madinamerica.com/2016/11/warning-psychiatric-tsunami-upon-u-s/
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https://www.facebook.com/photo.php?fbid=10157738452615462&l=13aba76f6b
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Senator from Washington Just announced that they will be voting on #HR34 either “really late tonight or tomorrow morning”. #psychiatrictsuNAMI #filibuster vote no.
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Another Quorum Call happening now No on #HR34 #Veto if it passes #psychiatrictsuNAMI .
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https://www.facebook.com/photo.php?fbid=10157738360180462&l=2301bc7490
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https://www.facebook.com/photo.php?fbid=10157738189220462&l=0a4109a3fc
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Senator from Nebraska. Quorum Call lifted.
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There’s a Quorum Call been going on for some time. Delay. Tell your Senators to Testify Against HR34 . Filibuster. End the alliance between psychiatry and the law and remove all psychiatric provisions from #Cures #psychiatricTsuNAMI — Also look at this update on #DeborahDanner http://www.nytimes.com/2016/12/05/nyregion/district-attorney-asks-for-grand-jury-in-police-killing-of-deborah-danner.html
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They just announced HR 34 as the Tsunami Warning . . . Act — this is such a SCAM. #psychiatrictsunami CALL YOUR SENATORS. VOTE NO ON APPENDING #HR34 REMOVE #MurphyBills from #Cures http://floor.senate.gov/MediaPlayer.php?view_id=2&event_id=1142
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I just spoke with U.S. Senator Bernie Sanders office again. The vote is scheduled for today on HR 34 #psychiatrictsuNAMI — Bernie is still voting NO — I asked if there was any possibility of a filibuster and was told that the person, “I will certainly pass on the suggestion”. CALL YOUR SENATORS!! http://www.senate.gov/general/contact_information/senators_cfm.cfm
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#PsychiatricTsuNAMI definition of ‘eligible patient’ under court-ordered assisted outpatient treatment
“(4) the term ‘eligible patient’ means an adult, mentally ill person who, as determined by a court—
“(A) has a history of violence, incarceration, or medically unnecessary hospitalizations;
“(B) without supervision and treatment, may be a danger to self or others in the community;
“(C) is substantially unlikely to voluntarily participate in treatment;
“(D) may be unable, for reasons other than indigence, to provide for any of his or her basic needs, such as food, clothing, shelter, health, or safety;
“(E) has a history of mental illness or a condition that is likely to substantially deteriorate if the person is not provided with timely treatment; OR
“(F) due to mental illness, lacks capacity to fully understand or lacks judgment to make informed decisions regarding his or her need for treatment, care, or supervision.”.
Notice: that’s an “or” between (E) and (F), not an “and”.
Call your legislators now. 10AM December 6 the Senate resumes consideration of H.R. 34. Help us create a record of opposition.
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The Senate is about to convene at 10AM Eastern. Here’s the link to the live webcam: http://floor.senate.gov/MediaPlayer.php?view_id=2&event_id=1142
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Thanks oldhead — 10 am — there’s still time to contact your SENATORS and REPRESENTATIVES before this gets sent to the PRESIDENT. #psychiatrictsuNAMI
It’s still not clear to me which part is the most manipulative and which is the most corrupt.
HELP CREATE A RECORD OF OPPOSITION FOR THE AMENDMENT TO HR34.
Find your SENATORS HERE: http://www.senate.gov/general/contact_information/senators_cfm.cfm
Find your REPRESENTATIVES HERE: http://www.house.gov/representatives/
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oldhead – I just dialed (202) 224-5141 and it worked, I reached one of Bernie’s aids. He is still opposing it. They are still expecting a vote at 5:30. The person I spoke to was not aware of the press conference starting at 2:30 today. NOW.
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IT IS OFFICIAL> PRESS CONFERENCE AT 2:30 PM https://iqconnect.lmhostediq.com/iqextranet/view_newsletter.aspx?id=154368&c=PA18TM \
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VOTE on HR 34 EXPECTED AT 5:30 PM DECEMBER 5, 2016 Call U.S. Senator Bernie Sanders (202) 224-5141. fax (202) 228-0776. Tell his office to delay the vote, to not append H.R. 34 and to remove any psychiatric legislation from Cures.
Call for a filibuster. . .
THE SENATE IS TO CONVENE AT 3:00 PM. TO AGAINTAKE UP HR 34. SENATORS MURPHY, CASSIDY, ALEXANDER, AND CORNYN AND REPESENTATIVES MURPHY, JOHNSON, AND UPTON MAY MAKE A SNEAK ATTACK AT 2:30 PM TO TRY TO SWAY THE VOTE AND MOVE HR 34 TO THE PRESIDENT.
No matter what time or day it is, call your elected officials.
Let them know what your position is. Tell them to oppose any coercive psychiatric legislation.
Tell them to reject any legislation that is pushed forward using parliamentary procedure.
Demand the legislature be honest with the people. #psychiatrictsuNAMI
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#psychiatrictsuNAMI They merged together #Cures and #MurphyBills which for years could not pass on their own. They deleted the text of the Tsunami Warning bill that passed, replaced the text with 996 pages that were not passable, on the Friday after Thanksgiving, and here it is, not even a week later, passing House, about to pass Senate, if they even take a vote, (remember Congressman Tim Murphy (PA-18) leaked a media advisory) . . . and HR 34, we can expect, very soon will be heading to the President for signature, if proponents get there way. This is what it is like now. What’s it going to be like if the Electoral College actually votes for Donald J. Trump?
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On Sunday, December 4, 2016 at 9PM Eastern, call in to (267)521-0167 to be part of the program. This is an urgent call for you to speak out to your legislators.
TO LISTEN IN LIVE: http://www.blogtalkradio.com/talkwithtenney/2016/12/05/emergency-senate-vote-on-amendment-to-hr-34-is-near-ideas-for-legislators
On this show, Yvonne Smith, Lauren Tenney, and others will discuss things that you can talk about with your Senators AND Representatives concerning the scam of amending the Tsunami Warning, Education, and Research Act of 2015 H.R. 34 as the 21st Century #CuresAct amendment, which includes awful versions of the Murphy Bills and multiple other bills that Senators are still attempting to amend before a vote. They are pushing this through and if you can believe, Senators are even still adding amendments.
Senate will take up the proposed amendments on Monday, December 5, 2016, or earlier.
PLEASE ACT NOW AND HELP STOP THE AMENDMENT TO HR 34. #tsunNAMIWarning
For More information: https://www.madinamerica.com/2016/11/warning-psychiatric-tsunami-upon-u-s/
To reach your SENATORS: http://www.senate.gov/senators/contact/
To reach your REPRESENTATIVES: http://www.house.gov/representatives/
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EVERYBODY: This bill will change your life. It particularly targets: babies, children, teens, young adults, college students, pregnant and lactating women, seniors, veterans, and EVERYONE WHO USES PHYSICAL HEALTH SERVICES. Please, before Monday morning – leave as many messages on your Senators AND Representatives Voicemail opposing the scam of amending the HR 34 the Tsunami Warning, Education, and Research Act of 2015 as the 21st Century #CuresAct amendment which includes awful versions of the Murphy Bills and multiple other bills that Senators are still attempting to amend before a vote. They are pushing this through and if you can believe, Senators are even still adding amendments. Senate will take up the proposed amendments on Monday, December 5, 2016, or earlier – so keep an eye out for another sneak attack. Even if they pull this state-sanctioned scan of what an aid from a Representative’s Office explained to me as “a simple parliamentary procedure” it will have to go back tot he House of Representatives and if it passes there, on to the President. PLEASE ACT NOW AND STOP HR 34. #tsunNAMIWarning For more information: https://www.madinamerica.com/2016/11/warning-psychiatric-tsunami-upon-u-s/
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Thanks to all out there responding and getting in touch with your legislators. As a way of update, as I understand it, HR34 is officially at the Senate and is designated as ”resolving differences” which also can be seen as the phase where amendments to the amendment are being added and then will be voted on sent to the House, and the volley continues and at some point it’s going to get to the President. tsuNAMI was probably the most accurate thing this can be called . . . CALL YOUR ELECTED OFFICIALS IN THE CONGRESS AND SENATE TODAY. VOTE NO on HR 34.
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Truth – – speak it!
Even more concerning, those who favor shock over drugs . . . people need to be educated!
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To respond directly to the FDA please visit https://www.federalregister.gov/articles/2015/12/29/2015-32592/neurological-devices-reclassification-of-electroconvulsive-therapy-devices-intended-for-use-in
If you would like your comments to be also taken into a compilation of comments, please share them here and they will be incorporated into a final document.
If you are writing a letter to the FDA to be included in the docket – please be sure to include at the top of your letter:
[Docket No. FDA-2014-N-1210] Neurological Devices; Reclassification of Electroconvulsive Therapy Devices Intended for Use in Treating Severe Major Depressive Episode in Patients 18 Years of Age and Older Who Are Treatment Resistant or Require a Rapid Response; Effective Date of Requirement for Premarket Approval for Electroconvulsive Therapy for Certain Specified Intended Uses.
They will only accept the material into the public docket if that is published on it. The public docket is public. If you have confidential information to share with the FDA you can send two copies, one redacted, that will become part of the public docket. There are instructions on how to do this here:
https://www.gpo.gov/fdsys/pkg/FR-2015-12-29/pdf/2015-32592.pdf
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thanks Jasna,
I think part of how we change it is by continued exposure.
I think that most people do not even realize that electroshock is still used and those who are aware of it have been sold a false bill of goods . . .
I think whenever and wherever we can, to speak out and shine light on all of the fraudulent practices, procedures, and products peddled by psychiatry with the power of the state through policy, regulations, and laws. . . it is a monster.
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Thank you Paula! And thank you for sharing these links:
http://www.listen2veterans.org and http://www.whenjohnnyandjanecomemarching.weebly.com
I think that your responses to people who have said electroshock was helpful to someone they know or themselves is really helpful – and I will keep it in mind if I have the rare occasion of someone saying something positive about electroshock. When I have had exchanges with people who have shared those sentiments, I usually mention the fraudulent-DSM caveat for a label of “mania” – for the assignor to be sure the person had not been electroshocked because it can create a type of “mania” that quickly subsides. . . . I also ask how they feel about electroshock being done on someone without informed consent and choice, via coercion or outright force or court-order, these people are consistently alarmed that it could be given to someone over their objection or without full informed consent.
Lauren
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Thank you Truth!
And yes, yes, yes.
And I inadvertently left off a reference – of a book that I heavily rely on and think everyone ought to read — Linda Andre’s Doctors of Deception: What Everyone Ought to Know About Electroshock.
http://kboo.fm/electroshocksurvivorarrestedatprotestinc
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Thanks bpdtransformation — it is criminal.
Informed consent in the situation of “voluntary” use of electroshock is as much of a sham as “sham ECT” itself. Sham ECT, if you don’t know is a type of research study on the use of electroshock where one is told they are given electroshock but are not actually given electroshock.
I am trying to go through the consent forms and other materials that were sent.
Concerning electroshock while pregnant and the VA/DoD’s support for electroshock as a first-line treatment for women who are pregnant, there seems to be no special “risks” associated with it, in the consent forms I have obtained.
We really need to hold the VA — and as you point out — all of psychiatry — responsible and end the fraud.
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Thanks, Julie Greene!
And yes — what it feels like to have one’s memory wiped out from electroshock (although I was not subjected to electroshock myself).
At the FDA hearings in 2011 I was really horrified by the Medical and Neurological Device Panel discussion over whether the known memory loss caused by electroshock was really a risk or a problem. I remember Loretta Wilson talking about what it was like having parts her memory wiped out. I do not know how a medical person can justify memory loss as anything other than having profound ramifications on the lives of a living being. Here’s the video that came out of those hearings.
https://www.youtube.com/watch?v=tQ4vKpJo2KA
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Hi Art –
Thanks for this article . . . You nailed it. What did the psychologists know and when did they know it? Even worse than expected, I think . . . . here’s something for you now that the Hoffman Report has come out — and issues within the Society for Women in Psychology of the APA . . . . https://talkwithtenney.wordpress.com/torture-and-the-new-feminists-apa-collusion-with-dod/
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Bonnie,
What an extraordinary tribute to Sue. Powerful and cutting. I know others will also look for Sue and I am still in disbelief that I will not hear her, to keep me focused and on track, to fuel my anger, to be a support. Sue was not only a pillar in the movement, she was a part of my support network and I really am beside myself, with a feeling of loss. I am so glad that she spoke out as often as she did and hope that her work inspires others to continue.
Thank you for writing this, Bonnie.
In loving memory of Sue Clark-Wittenberg, Sue talking about her own experiences: https://vimeo.com/laurentenney/in-loving-memory-of-sue-clark-wittenberg
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http://ireport.cnn.com/docs/DOC-1125624 #FreeJustina #StopPsychAssault #StopMutphyBill Please join us Protest the American Psychiatric Assoc
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Thanks Ted
We can do better. Please join us at the Annual Protest of the American Psychiatric Association on May 4, 2014 across the street from the Jacob Javits Convention Center (34th & 11th Avenue, NYC, HIGH NOON. An amazing group of speakers will be there to speak out against our jailers. http://ireport.cnn.com/docs/DOC-1125624 #FreeJustina #StopPsychAssault #StopMutphyBill Please join us Protest the American Psychiatric Association
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