Fw: Missouri Implant Consent Data Law Upheld

[Guest guest]

From: " Toxic Discovery Network (by way of ilena rose) "

<toxicdiscovery@...>

Sent: Tuesday, March 27, 2001 9:52 AM

Subject: Missouri Implant Consent Data Law Upheld

> http://digmo.org/news/local/premium/0325local7080.html

>

> Implant Consent Data Law Upheld

>

> The state Supreme Court ruled on a 'very narrow issue.'

>

> By STACEY RYNDERS, Missourian staff

>

> March 25, 2001 The Missouri Supreme Court has upheld a state law that

> requires doctors to provide an information packet to breast implant

> patients.

>

> The court on Tuesday ruled against the Missouri State Medical Association,

> which had challenged the constitutionality of the law because it was part

of

> legislation that included several other health-related subjects.

>

> The state constitution says, " No bill shall contain more than one subject

> which shall be clearly expressed in its title. "

>

> The judges agreed unanimously that the bill contained only one subject -

> health services.

>

> " The bill's content remained substantially intact throughout the

legislative

> process as germane amendments were added, " the opinion says.

>

> Since 1999, Missouri has required doctors who perform breast implants to

> provide a government report on the procedure's advantages, disadvantages

and

> risks at least five days before surgery. Doctors have been relying on a

U.S.

> Food and Drug Administration report distributed by the state Department of

> Health.

>

> Representatives of the medical association also argued that the content of

> the informational booklet was inaccurate. The court did not comment on

that

> assertion.

>

> " The court was looking at the very narrow issue of whether there was more

> than one subject on the bill, " said Holste, a spokesman for the

state

> attorney general. " Sometimes when you win, you let the opinion speak for

> itself. "

>

> C.C. Swarens, executive vice president of the Missouri State Medical

> Association, said Friday that the group isn't pursuing any further

> opposition to the law.

>

> " We were disappointed, " Swarens said. " We felt the amendment that was

added

> was not germane. "

>

> State Sen. Doyle Childers, the original sponsor of the breast implant

> consent law, was pleased with the ruling. " I felt like the wording in it

was

> written quite carefully, " Childers said.

>

> Kathy ley-ston of Columbia, a registered nurse who helped

spearhead

> the law's passage, said she was also delighted.

>

> " We believe this is a step in the right direction, " she said. " Informed

> consent has to start with informed individuals. "

>

> The decision will allow other states, such as Illinois, Texas and Florida,

> to move forward with informed consent laws, ley-ston said.

>

> Websites:

>

> FDA booklet: www.fda.gov/cdrh/ breastimplants/indexbip.html

>

> MSMA: msma.org

>

> Court opinion: www.state.mo.us

>

> Toxic Discovery Network: www.toxicdiscovery.com or

> www.plateauconsulting.com/toxicdiscoverynetwork/

>

>