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    a nurse is charged with administering a lethal dose of morphine to a patient on hospice. in which type of court would the nurse be charged?

    James

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    get a nurse is charged with administering a lethal dose of morphine to a patient on hospice. in which type of court would the nurse be charged? from EN Bilgi.

    Nurse Charged With Assisting In Her Father's Death : Shots

    A Philadelphia woman who allegedly gave her 93-year-old father a vial of morphine is facing prosecution in Pennsylvania. Most state laws prohibit assisted suicide, but prosecutions are becoming increasingly rare.

    Shots

    POLICY-ISH

    Nurse Charged With Assisting In Her Father's Death

    July 31, 20133:25 PM ET

    RICHARD KNOX

    Barbara Mancini with her father, Joe Yourshaw.

    Barbara Mancini via Compassion & Choices

    A Philadelphia nurse has been charged with assisted suicide for allegedly providing her 93-year-old father with a lethal dose of morphine.

    Authorities say Barbara Mancini, 57, told a hospice nurse and a police officer on Feb. 7 that she provided a vial of morphine to her father, Joe Yourshaw, to hasten his death.

    Mancini and her attorneys acknowledge she handed the medication to her father, but maintain she never said she intended to help him end his life and was only trying to help her father ease his pain — an act they say is legally protected, even if it causes death.

    "Barbara did not, would not, would never hand medicine to her father with the sole purpose — or with even a remote purpose — that he was going to intentionally end his life on her watch," Mancini's lawyer, Frederic Fanelli, told reporters during a teleconference Wednesday. "It's ridiculous, it's abhorrent that they would even say that."

    A preliminary hearing in the case is scheduled for Thursday in Pottsville, a central Pennsylvania town of 14,000 where Yourshaw lived. Its purpose is to determine if there's enough evidence for the case to go to trial.

    Sponsor Message

    Mancini is being charged under a statute common in many states that makes it illegal to assist in suicide. Other cases involving end-of-life situations have been prosecuted under these laws, although such cases may be dwindling — and when defendants are convicted, there's a tendency these days to let them off with light sentences, such as probation.

    Three states have statutes explicitly allowing assisted suicide under limited conditions — Oregon, Washington and Vermont. Montana allows it under a 2009 state supreme court decision, and attempts to overturn it have failed.

    The Pennsylvania case turns partly on the contested claims about Barbara Mancini's stated intentions when she gave her aged father a vial of morphine.

    Joseph Yourshaw was a hospice patient suffering from diabetes and frailty. According to an autopsy report filed by Dr. Rameen Starling-Roney, he stopped taking all medications in December 2011. "He drank regular soda, [and ate] two boxes of candy per week and multiple pastries," the report notes — a diet that would be expected to worsen uncontrolled diabetes.

    In January 2013, the autopsy report notes, an entry in Yourshaw's hospice chart says he told his family "that he wants to die." His wife, Marguerite, reportedly said, "Your daughter [apparently referring to Barbara Mancini] told you how to do that. Just stop drinking."

    Sponsor Message

    Yourshaw became increasingly weak and short of breath. Hospice records show that Mancini called to request low-dose morphine for Yourshaw's pain. On Feb. 6, he had a fall. The next day hospice nurse Barbara Cattermole paid a call to check on him at home and found Yourshaw unresponsive in bed.

    Cattermole told authorities that Mancini said she had given an entire vial of morphine to her father to end his life, while Mancini says she was merely trying to relieve his pain.

    The hospice nurse called 911 and reported an attempted suicide. Pottsville Police Capt. James K. Reiley, who responded to the call, wrote in a criminal complaint that Cattermole "told me that her client had taken an overdose of his morphine with the intent to commit suicide. Cattermole further stated that her client's daughter was present and told her she gave him the morphine at his request so that he could end his own suffering."

    Mancini asked that her father not be resuscitated or taken to the hospital. Reiley wrote that he "advised Defendant that she no longer had any say in the matter and that her father was going to the hospital for treatment."

    Yourshaw was revived with Narcan, an antidote for opiate overdoses. He died four days later, reportedly after hospital personnel gave him a low dose of morphine for pain.

    His death certificate lists the cause of death as "morphine toxicity" that complicated Yourshaw's heart disease and diabetes, and the manner of death as "homicide."

    The claim that Yourshaw died of a morphine overdose administered by his daughter is central to the case.

    Defense attorney Fanelli says it's not plausible that Yourshaw died of morphine toxicity four days after the dose he took at home. He also claims there was no attempt to determine how much morphine was in his blood at the time of death.

    "It's nonsense to assert that one can die from morphine toxicity from a dose taken four days earlier," Fanelli tells Shots. "It's unsupported medically, scientifically, and it just doesn't make sense. The fact is, after he was given narcotic reversal agents in the hospital, Joe woke up and was raising hell with everyone, [saying], 'Why did you revive me and why is everyone picking on Barbara?' "

    The group Compassion & Choices, which supports assistance in dying, is starting a national letter-writing campaign to persuade Pennsylvania Attorney General Kathleen Kane to drop the case against Mancini. The attorney general was asked to prosecute the case by the Schuylkill County district attorney's office because of a potential conflict of interest.

    Source : www.npr.org

    Senate Report 106

    [Senate Report 106-299]

    [From the U.S. Government Publishing Office]

    Calendar No. 566

    106th Congress Report

    SENATE

    2d Session 106-299

    ======================================================================

    THE PAIN RELIEF PROMOTION ACT

    _______

    May 23, 2000.--Ordered to be printed

    _______

    Mr. Hatch, from the Committee on the Judiciary, submitted the following

    R E P O R T together with MINORITY VIEWS

    [To accompany H.R. 2260]

    The Committee on the Judiciary, to which was referred the

    bill (H.R. 2260) amending the Controlled Substances Act to

    promote pain management and palliative care without permitting

    assisted suicide and euthanasia, and for other purposes, having

    considered the same, reports favorably thereon, with an

    amendment in the nature of a substitute, and recommends that

    the bill, as amended, do pass.

    CONTENTS Page

    I. Text of H.R. 2260................................................1

    .................................................................

    II. Purpose and summary..............................................5

    .................................................................

    III. Background and need for the legislation..........................6

    .................................................................

    IV. Section-by-section analysis.....................................15

    .................................................................

    V. Legislative history and vote of the Committee...................19

    .................................................................

    VI. Explanation of the legislation and Committee views..............22

    .................................................................

    VII. Cost estimate...................................................46

    .................................................................

    VIII.Regulatory impact statement.....................................49

    .................................................................

    IX. Minority views of Senators Leahy, Kennedy, Kohl, and Feinstein..50

    .................................................................

    X. Changes in existing law.........................................83

    I. Text of H.R. 2260

    The amendment is as follows:

    Strike all after the enacting clause and insert the

    following:

    SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pain Relief Promotion Act of 2000''.

    SEC. 2. FINDINGS.

    Congress finds that--

    (1) in the first decade of the new millennium there should be

    a new emphasis on pain management and palliative care;

    (2) the use of certain narcotics and other drugs or

    substances with a potential for abuse is strictly regulated

    under the Controlled Substances Act;

    (3) the dispensing and distribution of certain controlled

    substances by properly registered practitioners for legitimate

    medical purposes are permitted under the Controlled Substances

    Act and implementing regulations;

    (4) the dispensing or distribution of certain controlled

    substances for the purpose of relieving pain and discomfort

    even if it increases the risk of death is a legitimate medical

    purpose and is permissible under the Controlled Substances Act;

    (5) inadequate treatment of pain, especially for chronic

    diseases and conditions, irreversible diseases such as cancer,

    and end-of-life care, is a serious public health problem

    affecting hundreds of thousands of patients every year;

    physicians should not hesitate to dispense or distribute

    controlled substances when medically indicated for these

    conditions; and

    (6) for the reasons set forth in section 101 of the

    Controlled Substances Act (21 U.S.C. 801), the dispensing and

    distribution of controlled substances for any purpose affect

    interstate commerce.

    TITLE I--PROMOTING PAIN MANAGEMENT AND PALLIATIVE CARE

    SEC. 101. ACTIVITIES OF AGENCY FOR HEALTHCARE RESEARCH AND QUALITY.

    Part A of title IX of the Public Health Service Act (42 U.S.C. 299 et

    seq.) is amended by adding at the end the following:

    ``SEC. 903. PROGRAM FOR PAIN MANAGEMENT AND PALLIATIVE CARE RESEARCH

    AND QUALITY.

    ``(a) In General.--Subject to subsections (e) and (f) of section 902,

    the Director shall carry out a program to accomplish the following:

    ``(1) Promote and advance scientific understanding of pain

    management and palliative care.

    ``(2) Collect and disseminate protocols and evidence-based

    practices regarding pain management and palliative care, with

    priority given to pain management for terminally ill patients,

    and make such information available to public and private

    health care programs and providers, health professions schools,

    and hospices, and to the general public.

    ``(b) Definition.--In this section, the term `pain management and

    palliative care' means--

    ``(1) the active, total care of patients whose disease or

    medical condition is not responsive to curative treatment or

    whose prognosis is limited due to progressive, far-advanced

    Source : www.govinfo.gov

    Exam 1 Leadership CH5 Flashcards

    Study with Quizlet and memorize flashcards terms like Law and Legislation primary purpose..., Laws and legislation define..., Nurses who are aware of their rights and duties in legal matters are... and more.

    Exam 1 Leadership CH5

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    Law and Legislation primary purpose...

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    is to protect the client and the nurse.

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    Laws and legislation define...

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    the scope of acceptable practice and protect individual rights.

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    1/44 Created by donshe5736

    Terms in this set (44)

    Law and Legislation primary purpose...

    is to protect the client and the nurse.

    Laws and legislation define...

    the scope of acceptable practice and protect individual rights.

    Nurses who are aware of their rights and duties in legal matters are...

    better able to protect themselves against liability or loss of professional licensure.

    Sources of Law: Administrative agencies -

    enforce statutory laws

    - State Boards of Nursing

    Sources of Law: Constitutions -

    fundamental laws or principles

    Sources of Law: Statutes -

    laws that govern

    - State Nurse Practice Act

    Sources of Law: Court decisions

    - interpret legal issues

    QUESTION: Nurse practice acts are examples of statutes.

    True

    Rationale: The 51 Nurse Practice Acts representing the 50 states and the District of Columbia are examples of statutes. These Nurse Practice Acts define and limit the practice of nursing, thereby stating what constitutes authorized practice as well as what exceeds the scope of authority.

    Types of laws and courts: CRIMINAL

    Burden of proof required for a guilty verdict/consequence of a guilty verdict

    beyond a reasonable doubt/incarceration, probation/fine

    Types of laws and courts: CIVIL

    Burden of proof required for a guilty verdict/consequence of a guilty verdict

    based on a preponderance of the evidence/monetary damages

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