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Category: patients’ rights

the rights of patients to access to treatment

Status Report on the Covid Misinformation Situation for California Physicians and other interested parties (in western states)

Status Report on the Covid Misinformation Situation for California Physicians and other interested parties (in western states)

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There have been a lot of papers flying around the state in various court cases, so it seemed like a good idea to tell the vaccine-concerned physician and lay community where the law and cases stand. Soapbox Speech Before I get into the AB 2098 lawsuits, let me relate where we are on the pre-AB 2098 soap-box speech Covid misinformation investigations by the medical board which started in late 2021 and early 2022. So far as I can tell, there…

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AB 2098, some final thoughts before the Governor does what he’s going to do

AB 2098, some final thoughts before the Governor does what he’s going to do

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I’ve read that Governor Newsom has over 500 bill sitting on his desk waiting for his signature. One of them is AB 2098, which would make it a disciplinable offense for a physician to provide a patient with advice or treatment recommendations not consistent with the mainstream ever-changing and often backtracking Covid narrative. I and many others have written much about the bill and why it’s a bad idea. And of course, I have sued the Medical Board for its…

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Do Covid Patients Have the Right to Take Non Standard of Care Treatments Like Ivermectin and HCQ?

Do Covid Patients Have the Right to Take Non Standard of Care Treatments Like Ivermectin and HCQ?

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A seemingly simple question is actually pretty complicated. Let me start with a few basic general principles of FDA drug and state law. First, after a drug is approved for marketing under an NDA (New Drug Application), the drug manufacturer can only advertise its FDA-approved labeled indication. However, as far as federal law goes, physicians can prescribe almost any drug for any purpose, (subject to state law standard of care issues which I will talk about in a bit). This…

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The Cali. Medical Board is Trying the Get the Power to Conduct Warrantless Searches, but I don’t think that dog will hunt

The Cali. Medical Board is Trying the Get the Power to Conduct Warrantless Searches, but I don’t think that dog will hunt

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At the Medical Board of California’s behest, the Senate has introduced SB 920 which grants the Board power to conduct warrantless searches of a physician’s office including medical records without the patient’s prior knowledge or consent. This bill is a radical departure from current practice, and I happen to think the bill is unconstitutional. This is just one of many bills which have been introduced which target physicians and patients as a result of the pandemic. I know that activist…

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Federal “right to try” is law! Now what?

Federal “right to try” is law! Now what?

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Last week, Pres. Trump signed the federal right to try law. So what happens next? Meaning, who is it going to affect and how big of a difference is it going to make in the lives of the terminally ill and those without any other therapeutic option. Why a federal law was needed? As most of you know, a majority of states have already passed a right to try law. The problem with just having the law on a state…

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Are all these anti-patients’ rights laws necessary for autologous stem cell transplants?

Are all these anti-patients’ rights laws necessary for autologous stem cell transplants?

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  A long time ago as a first semester law student, I took the “Legal Method” course on how to read cases, the rules of statutory construction, and generally the analytic tools which lawyers use to analyze the law. I still remember the professor explaining how sometimes a law is created which makes sense when created, but the reason for the law is later eliminated, but the law continues.  He gave the example of the old English common law rule…

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Federal Right to Try; hopefully not déjà vu all over again

Federal Right to Try; hopefully not déjà vu all over again

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  Recently, a federal right to try bill was introduced in the senate, which is a companion to a bill introduced in the house last summer, HR 3012.  I want so bad to feel hopeful and even excited. I’m trying, I really am, but I was deeply involved in similar past efforts, including the bill championed by the heavy weight senators, “the Toms” (Senate Majority leader Tom Daschle and Tom Harkin) along with Congressman Peter DeFazio. I was also around…

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Why can’t dying patients have ANY drug they can get their hands on?

Why can’t dying patients have ANY drug they can get their hands on?

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For almost 40 years, terminal patients have been trying to obtain access to unapproved new drugs. The latest effort has come from the Goldwater Institute (“GI”) which has made the strategic decision to bypass Congress and the federal courts and go directly to the state legislatures. GI’s legislative efforts have been wildly successful, having passed its “right to try” law in more than half of the states. That’s an almost unbelievable accomplishment and everyone should laud and support it, but…

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