I’m working on something at the moment so I’ve no spare time to blog this week. I thought I’d re-blog this interesting one. If anyone has the audacity to contradict Irish Psychiatry, be aware, this is what you’re up against….

All Things Iatrogenic

Last week at the HAI conference in Cork Professor Healy spoke about Pharmaceutical companies and their relationship with the “Irish College of Psychiatry”.  He said that when drug companies were asked… Can your drug (ssri’s) cause people to commit suicide?” They legally have to answer YES. He said the way they get around this tricky question is to defer that kind of question to professors of psychiatry here in Ireland. The company is legally obliged to say the drug can cause Suicide, but academics don’t have to!

Speaking about Shane’s case he said “There was a campaign organised by the Irish College of Psychiatry before his inquest, and during his inquest and after his Inquest to say that these drugs can cause no problem at all. The jury at the inquest, a bunch of average people from rural Ireland, faced with the evidence came to the view that it was…

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5 thoughts on “

  1. Denial, Denial? Did I Miss something? Aren’t these clowns ‘Caregivers’?

    Why on earth would they DENY those insignificant little things like MAJOR Violations of Federal Criminal Law, at least in My country?

    http://psychroaches.blogspot.com/2012/05/us-18c95-sec-1958-skull-at-banquet.html

    Denial? What on Earth could there be to Deny?

    http://psychroaches.blogspot.com/2012/07/hospitals-report-only-1-of-patient-harm.html

    Because Congress, or HHS, would never allow anything that stank to high heaven of an industry owned Govt. cover up to be perpetuated.

    http://www.gpo.gov/fdsys/pkg/CFR-2011-title45-vol1/pdf/CFR-2011-title45-vol1-sec164-524.pdf

    Why, they might need to invoke an ‘Administrative Hearing’ or some other such star chamber crap somewhere down the road.

    Like

      1. Couldn’t open the last link, eh? That comes as No surprise. I could just mail the little stinker to you, but that would take the Fun out of the exercise.

        This is just one More gantlet hurled into the way of people who’ve been poisoned, bulls**ted, and made the victim of numerous violent crimes by the psych/pharma axis in the US.

        I still haven’t found out who concocted this pile, but I suspect it was probably some faceless committee of faceless bought and paid for bureaucrats at HHS.

        Regs like this is how the Industry keeps their garbage, ‘Safe and Effective’ ….. for themselves.

        § 164.524 Access of individuals to protected
        health information.
        (a) Standard: Access to protected health
        information—(1) Right of access. Except
        as otherwise provided in paragraph
        (a)(2) or (a)(3) of this section, an individual
        has a right of access to inspect
        and obtain a copy of protected health
        information about the individual in a
        designated record set, for as long as the
        protected health information is maintained
        in the designated record set, except
        for:
        (i) Psychotherapy notes;
        (ii) Information compiled in reasonable
        anticipation of, or for use in, a
        civil, criminal, or administrative action
        or proceeding; and
        (iii) Protected health information
        maintained by a covered entity that is:
        (A) Subject to the Clinical Laboratory
        Improvements Amendments of
        1988, 42 U.S.C. 263a, to the extent the
        provision of access to the individual
        would be prohibited by law; or
        (B) Exempt from the Clinical Laboratory
        Improvements Amendments of
        1988, pursuant to 42 CFR 493.3(a)(2).
        (2) Unreviewable grounds for denial. A
        covered entity may deny an individual
        access without providing the individual
        an opportunity for review, in the following
        circumstances.
        (i) The protected health information
        is excepted from the right of access by
        paragraph (a)(1) of this section.
        (ii) A covered entity that is a correctional
        institution or a covered health
        care provider acting under the direction
        of the correctional institution
        may deny, in whole or in part, an inmate’s
        request to obtain a copy of protected
        health information, if obtaining
        such copy would jeopardize the health,
        safety, security, custody, or rehabilitation
        of the individual or of other inmates,
        or the safety of any officer, employee,
        or other person at the correctional
        institution or responsible for the
        transporting of the inmate.
        (iii) An individual’s access to protected
        health information created or
        obtained by a covered health care provider
        in the course of research that includes
        treatment may be temporarily
        suspended for as long as the research is
        in progress, provided that the individual
        has agreed to the denial of access
        when consenting to participate in the research that includes treatment,
        and the covered health care provider
        has informed the individual that the
        right of access will be reinstated upon
        completion of the research.
        (iv) An individual’s access to protected
        health information that is contained
        in records that are subject to
        the Privacy Act, 5 U.S.C. 552a, may be
        denied, if the denial of access under the
        Privacy Act would meet the requirements
        of that law.
        (v) An individual’s access may be denied
        if the protected health information
        was obtained from someone other
        than a health care provider under a
        promise of confidentiality and the access
        requested would be reasonably
        likely to reveal the source of the information.
        (3) Reviewable grounds for denial. A
        covered entity may deny an individual
        access, provided that the individual is
        given a right to have such denials reviewed,
        as required by paragraph (a)(4)
        of this section, in the following circumstances:
        (i) A licensed health care professional
        has determined, in the exercise of professional
        judgment, that the access requested
        is reasonably likely to endanger
        the life or physical safety of the individual
        or another person;
        (ii) The protected health information
        makes reference to another person (unless
        such other person is a health care
        provider) and a licensed health care
        professional has determined, in the exercise
        of professional judgment, that
        the access requested is reasonably likely
        to cause substantial harm to such
        other person; or
        (iii) The request for access is made by
        the individual’s personal representative
        and a licensed health care professional
        has determined, in the exercise
        of professional judgment, that the provision
        of access to such personal representative
        is reasonably likely to
        cause substantial harm to the individual
        or another person.
        (4) Review of a denial of access. If access
        is denied on a ground permitted
        under paragraph (a)(3) of this section,
        the individual has the right to have the
        denial reviewed by a licensed health
        care professional who is designated by
        the covered entity to act as a reviewing
        official and who did not participate in the original decision to deny. The
        covered entity must provide or deny
        access in accordance with the determination
        of the reviewing official
        under paragraph (d)(4) of this section.
        (b) Implementation specifications: requests
        for access and timely action—(1)
        Individual’s request for access. The covered
        entity must permit an individual
        to request access to inspect or to obtain
        a copy of the protected health information
        about the individual that is
        maintained in a designated record set.
        The covered entity may require individuals
        to make requests for access in
        writing, provided that it informs individuals
        of such a requirement.
        (2) Timely action by the covered entity.
        (i) Except as provided in paragraph
        (b)(2)(ii) of this section, the covered entity
        must act on a request for access no
        later than 30 days after receipt of the
        request as follows.
        (A) If the covered entity grants the
        request, in whole or in part, it must inform
        the individual of the acceptance
        of the request and provide the access
        requested, in accordance with paragraph
        (c) of this section.
        (B) If the covered entity denies the
        request, in whole or in part, it must
        provide the individual with a written
        denial, in accordance with paragraph
        (d) of this section.
        (ii) If the request for access is for
        protected health information that is
        not maintained or accessible to the
        covered entity on-site, the covered entity
        must take an action required by
        paragraph (b)(2)(i) of this section by no
        later than 60 days from the receipt of
        such a request.
        (iii) If the covered entity is unable to
        take an action required by paragraph
        (b)(2)(i)(A) or (B) of this section within
        the time required by paragraph (b)(2)(i)
        or (ii) of this section, as applicable, the
        covered entity may extend the time for
        such actions by no more than 30 days,
        provided that:
        (A) The covered entity, within the
        time limit set by paragraph (b)(2)(i) or
        (ii) of this section, as applicable, provides
        the individual with a written
        statement of the reasons for the delay
        and the date by which the covered entity
        will complete its action on the request; (B) The covered entity may have only
        one such extension of time for action
        on a request for access.
        (c) Implementation specifications: Provision
        of access. If the covered entity
        provides an individual with access, in
        whole or in part, to protected health
        information, the covered entity must
        comply with the following requirements.
        (1) Providing the access requested. The
        covered entity must provide the access
        requested by individuals, including inspection
        or obtaining a copy, or both,
        of the protected health information
        about them in designated record sets.
        If the same protected health information
        that is the subject of a request for
        access is maintained in more than one
        designated record set or at more than
        one location, the covered entity need
        only produce the protected health information
        once in response to a request
        for access.
        (2) Form of access requested. (i) The
        covered entity must provide the individual
        with access to the protected
        health information in the form or format
        requested by the individual, if it is
        readily producible in such form or format;
        or, if not, in a readable hard copy
        form or such other form or format as
        agreed to by the covered entity and the
        individual.
        (ii) The covered entity may provide
        the individual with a summary of the
        protected health information requested,
        in lieu of providing access to
        the protected health information or
        may provide an explanation of the protected
        health information to which access
        has been provided, if:
        (A) The individual agrees in advance
        to such a summary or explanation; and
        (B) The individual agrees in advance
        to the fees imposed, if any, by the covered
        entity for such summary or explanation.
        (3) Time and manner of access. The
        covered entity must provide the access
        as requested by the individual in a
        timely manner as required by paragraph
        (b)(2) of this section, including
        arranging with the individual for a
        convenient time and place to inspect or
        obtain a copy of the protected health
        information, or mailing the copy of the
        protected health information at the individual’s
        request. The covered entity may discuss the scope, format, and
        other aspects of the request for access
        with the individual as necessary to facilitate
        the timely provision of access.
        (4) Fees. If the individual requests a
        copy of the protected health information
        or agrees to a summary or explanation
        of such information, the covered
        entity may impose a reasonable, costbased
        fee, provided that the fee includes
        only the cost of:
        (i) Copying, including the cost of supplies
        for and labor of copying, the protected
        health information requested by
        the individual;
        (ii) Postage, when the individual has
        requested the copy, or the summary or
        explanation, be mailed; and
        (iii) Preparing an explanation or
        summary of the protected health information,
        if agreed to by the individual
        as required by paragraph (c)(2)(ii) of
        this section.
        (d) Implementation specifications: Denial
        of access. If the covered entity denies
        access, in whole or in part, to protected
        health information, the covered
        entity must comply with the following
        requirements.
        (1) Making other information accessible.
        The covered entity must, to the extent
        possible, give the individual access to
        any other protected health information
        requested, after excluding the protected
        health information as to which
        the covered entity has a ground to
        deny access.
        (2) Denial. The covered entity must
        provide a timely, written denial to the
        individual, in accordance with paragraph
        (b)(2) of this section. The denial
        must be in plain language and contain:
        (i) The basis for the denial;
        (ii) If applicable, a statement of the
        individual’s review rights under paragraph
        (a)(4) of this section, including a
        description of how the individual may
        exercise such review rights; and
        (iii) A description of how the individual
        may complain to the covered entity
        pursuant to the complaint procedures
        in § 164.530(d) or to the Secretary
        pursuant to the procedures in § 160.306.
        The description must include the
        name, or title, and telephone number
        of the contact person or office designated
        in § 164.530(a)(1)(ii).
        (3) Other responsibility. If the covered
        entity does not maintain the protected
        health information that is the subject
        of the individual’s request for access,
        and the covered entity knows where
        the requested information is maintained,
        the covered entity must inform
        the individual where to direct the request
        for access.
        (4) Review of denial requested. If the
        individual has requested a review of a
        denial under paragraph (a)(4) of this
        section, the covered entity must designate
        a licensed health care professional,
        who was not directly involved
        in the denial to review the decision to
        deny access. The covered entity must
        promptly refer a request for review to
        such designated reviewing official. The
        designated reviewing official must determine,
        within a reasonable period of
        time, whether or not to deny the access
        requested based on the standards in
        paragraph (a)(3) of this section. The
        covered entity must promptly provide
        written notice to the individual of the
        determination of the designated reviewing
        official and take other action
        as required by this section to carry out
        the designated reviewing official’s determination.
        (e) Implementation specification: Documentation.
        A covered entity must document
        the following and retain the documentation
        as required by § 164.530(j):
        (1) The designated record sets that
        are subject to access by individuals;
        and
        (2) The titles of the persons or offices
        responsible for receiving and processing
        requests for access by individuals.

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  2. Good to re-highlight that one Leonie.

    On a related note, did you by any chance see Vincent Brown’s show on mental health mid-week? I noticed he raised the issue of pharma’s ‘incentives’ for doctors: sponsorship of conferences, education, trips away etc. The woman from the Irish College of Psychiatry was at pains to point out that all sponsorship had been stopped. From reading this site over the last year I am pretty sure that isn’t the case?!

    Also when asked why this wasn’t on a legislative footing, Kathleen Lynch said it was being looked into. Perhaps a result of your meeting etc. I hope this IS the case!

    Like

    1. Hi Rose,
      Yes I did see Vincent Browne; I thought he was great, really pushed his point. Incentives like this one? http://www.ifmad.org/2012/wp-content/uploads/2011/11/IFMAD-Prelimary-Programme.pdf
      Sponsored by Lundbeck and complete with Cipralex advertisment at the bottom. No mention of Lundbeck sponsoring this though; is that what the psychiatry woman meant, does stopped mean hidden? Nice place Barcelona! I wonder how much the speakers get paid?

      I am positive Kathleen Lynch is looking into it, just as she’ll be looking into it when her term of office is up and she will have done nothing about it. She likes the sound of her own voice I think but what has she done so far? That 35 million she consistently goes on about must surely be burning a hole in her pocket!
      Leonie

      Like

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