Thank you for this link as posted prior: http://www.painreliefnetwork.org/default.asp?id=1&mnu=1.

 

Comment:  A sub-site of this site includes the following statement which seems apropos some of the principles involved in these discussion lists; comments encouraged.

 

==--- The following is a "fair use" excerpt from: http://www.painreliefnetwork.org/default.asp?id=50&mnu=50 -----

"The Geneva Conventions preserve the humane treatment of persons during armed conflict by requiring that physicians behave ethically, and that they shall not be "compelled to carry out tasks that are not compatible with their humanitarian mission" nor be "compelled to refrain from acts required by medical ethics." Certainly no less ought to be expected from our physicians and government here at home, during a time of at least domestic peace. Yet 'the principle of balance' mixes and confuses the very different roles properly played by medicine and law enforcement, and has already done so with deadly consequences for patients in pain. For California to codify its requirements into 'protocols' enforced in the context of criminal law would constitute the gravest sort of legal and humanitarian error.

The Federal Controlled Substances Act (CSA) does not require that physicians police their patients -- at least, the United States Congress did not intend such a thing when it was drafted. Moreover, when the Congress enacted the CSA, it intended that the law would not affect the practice of medicine, and would instead exempt physicians from its provisions, as long as physicians prescribed "in the course of their professional practices." The idea behind the CSA was to go after those rare physicians who prescribed drugs in a wholesale fashion, charging by the prescription, in exchange for sexual favors, on the street corner, or what have you. It was never intended to regulate the day-in and day-out practice of medicine.

SB 1782, in contrast, openly seeks to incorporate non-medical imperatives into the standard of care, and to enforce physician's duty to be good police officers, this, in opposition to medicine's primary ethical imperative. Never before has any state sought to impose unethical medicine upon its citizens and never before has criminal law been invited in to police any part of medical practice."

LDMF.
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Linda D. Misek-Falkoff, Ph.D., J.D..
Today's Signature Line note:  New:  join www.yahoogroups.com/groups/portal-pwpi   People with Pain International / and / HRPP Human Rights of People with Pain.