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Troy and Alana Pack Patient Safety Act of 2014: Proposition 46

Troy and Alana Pack Patient Safety Act of 2014: Proposition 46

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In perhaps one of the most critical consumer protection initiatives of our time,  Proposition 46, the Troy and Alana Pack Patient Safety Act of 2014 will be put up for vote in California this November 2014.

For too long, Doctor’s have been protected by medical negligence damages caps which were set in the 70’s.  Preventable injuries and wrongful death claims caused by reckless, irresponsible Doctor’s have plagued our State and is now the 3rd leading cause of death in the United States.  It’s time to hold Doctor’s accountable and provide clear regulations to help protect all patients.

If approved, Proposition 46, The Troy and Alana Pack Patient Safety Act of 2014 will:

  • Require drug and alcohol testing of doctors and reporting of positive tests to the California Medical Board;
  • Require health care professionals to report any suspected drug or alcohol impairment while on duty or medical negligence;
  • Require the California Medical Board to suspend Doctor’s found to test positive for drug and alcohol impairment while on duty and take disciplinary action;
  • Require health care professionals to check a State prescription drug history database prior to prescribing any addictive or controlled drugs;
  • Increase the State’s cap on medical negligence lawsuits from $250,000.00, which was set in place in the 70’s, to reflect inflation and increase of costs.  The new cap will be set at over $1 million.

Proposition 46, The Troy and Alana Pack Patient Safety Act of 2014, received its name after two children (Troy and Alana Pack) were killed by a driver under the influence of prescription drugs who was going from doctor to doctor and receiving unnecessary pain killers.  The Doctor’s who prescribed the drugs failed to determine whether the driver even needed the drugs and would recklessly prescribe them – no supervision, no checking the patients history or whether the patient needed them at all – nothing.  We are better than this.

In nearly every other profession where our lives are trusted to others, regulations are in place – random drug tests, required reporting and discipline are prevalent.  How are Doctor’s not required the same?

Athlete’s are given random drug testing to prevent an unfair advantage.  Pilots undergo random drug and alcohol testing. Employers of commercial drivers are required to conduct random drug and alcohol testing of their employees. Air traffic controllers, Police Officers, Train Conductors many government and public professions require the same and the list goes on.

The evidence is overwhelming that the need for this law is long overdue.

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