Saturday, July 31, 2010

The Indian Arts and Crafts Amendment Act of 2010

The Tribal Law and Order Act is bi-partisan legislation that was introduced by Senator Byron Dorgan (D-ND), Chair of the U.S. Senate Committee on Indian Affairs, and Representative Stephanie Herseth Sandlin (D-SD). The Act passed the Senate on June 23, 2010, as part of H.R. 725, The Indian Arts and Crafts Amendment Act of 2010. The Tribal Law and Order Act addresses disturbing rates of sexual violence against American Indian and Alaska Native women and the failure to protect indigenous women from sexual violence in the USA. Amnesty International drew national attention to in its 2007 report, Maze of Injustice: The Failure to Protect Indigenous Women from Sexual Violence in the USA.

Here in Lawrence we are privileged to have many Native Americans and the Haskell University. So Lawrence Kansas is a melting pot for Native Americans from every tribe in the USA and benefits from the infusion of Native American culture and art. Indian arts and crafts provide important cultural and economic benefits to our community and to the wider public. We are looking forward to the Haskell Indian Art Market on Sep 11-12, 2010 featuring Native American artists and also artist demonstrations. National legislation regarding the civil rights and human rights of Native Americans is important to not only Kansas Native American tribes but also to all Native Americans attending the Haskell University here.

On June 30th, the Senate passed the Indian Arts and Crafts Amendment Act of 2010. This legislation has been passed by both chambers of Congress and has been signed by the President. It will become law once administrative actions are complete. The Senate bill was S. 151 was sponsored by John McCain (R-AZ). The House bill HR 725 was sponsored by Representative Ed Pastor (D-AZ). HR 725 included the majority of the provisions in the Tribal Law and Order Act of 2009 which tackles the complex jurisdictional maze that allows violent crime against Indigenous women, and in particular, sexual assault and violence against Native American and Alaska Native women, to go unpunished and unabated.

On Jan 19, 2010, this bill passed in the House of Representatives by voice vote. On April 19, 2010 Medical Whistleblower highlighted the problem of violence against Native American women and the need for proper law enforcement investigation and enforcement in Medical Whistleblower’s Universal Periodic Review Report to the United Nations and spoke directly with President Obama to urge him and the US Congress to take action on this bill and other bills in front of Congress that protected human rights. With the actions of many other human rights advocates and great support from the public, the US Congress took decisive action on Jun 23, 2010 and S.151 passed in the Senate with changes by Unanimous Consent. In regards to HR 725 Representative Dennis Moore (D-KS) and Representative Lynn Jenkins (R-KS) both took a supportive role and voted for concurring with the Senate on H.R. 725 House Vote #455 (Jul 21, 2010).

Plains and immigrant tribes in Kansas include Cherokee, Chippewa, Delaware (Lenape), Iowa Tribe of Kansas and Nebraska, Kaw Nation, Kanza, Kickapoo, Miami OK, New York Seneca Nation, Osage, Otoe, Ottawa, Pawnee, Peoria, Potawatomi Citizen, Potawatomi Prairie Band Nation, Quapaw, Sac and Fox, Shawnee, Wea, Wyandot, and Huron.

Medical Whistleblower wishes to thank the US Congressmen/women who helped pass this historic legislation and recognized the human rights importance of providing proper law enforcement investigation, protection and prosecution to crimes that occur to Native American people.

Official Summary of the Tribal Law and Order Act of 2009


10/29/2009--Reported to Senate amended.

Tribal Law and Order Act of 2009 - States as the purposes of this Act to: (1) clarify the responsibilities of federal, state, tribal, and local governments with respect to crimes committed in trial communities; (2) increase coordination and communication among federal, state, tribal, and local law enforcement agencies; (3) empower tribal governments to provide public safety in tribal communities; (4) reduce violent crime in tribal communities and combat sexual and domestic violence against American Indian and Alaska Native women; (5) prevent drug trafficking and reduce rates of alcohol and drug addiction in Indian country; and (6) increase and standardize the collection of criminal data and the sharing of criminal history information among federal, state, and tribal officials.


Official Summary of the Indian Arts and Crafts Amendments Act of 2010

1/19/2010--Passed House amended. Indian Arts and Crafts Amendments Act of 2010 - Amends the Indian Arts and Crafts Act of 1990 to expand the authority of the Indian Arts and Crafts Board to bring criminal and civil actions for offenses under such Act involving the sale of misrepresented Indian-produced goods or products. Authorizes:
(1) any federal law enforcement officer to conduct an investigation of an alleged violation of this Act occurring within the jurisdiction of the United States; and
(2) the Board to refer an alleged violation to any such officer (currently, only to the Federal Bureau of Investigation [FBI]) for investigation. Permits such an officer to investigate an alleged violation regardless of whether such officer receives such a referral from the Board. Requires the findings of any investigation of an alleged violation to be submitted to a federal or state prosecuting authority or the Board. Authorizes the Board, upon receiving the findings of such an investigation, to:

(1) recommend to the Attorney General that criminal proceedings be initiated (current law);
(2) provide such support to the Attorney General relating to the criminal proceedings as the Attorney General determines to be appropriate; or
(3) recommend, in lieu of or in addition to any such criminal proceeding, that the Attorney General initiate a civil action. Allows the Attorney General, an Indian tribe, an Indian, or an Indian arts and crafts organization to initiate a civil action under this Act. Amends the federal criminal code to revise penalties for the sale of misrepresented Indian-produced goods and products.

Wednesday, July 28, 2010

The Tribal Law and Order Act was passed

We have been successful!!! The Tribal Law and Order Act was passed and will be signed by President Obama tomorrow July 29, 2010. Our goal of protecting the human rights of Native American Women has been won.

Medical Whistleblower in this year's Universal Periodic Review report to the United Nations emphasized human rights concerns for the violence against Native American Women and called on the President and the US Congress to help end sexual violence and rape against Native American and Alaska Native women in the U.S. Last week, the House passed H.R. 725, to which the Tribal Law and Order Act was attached as an amendment, by a vote of 326 yays to 92 nays. President Obama has responded with his vow of support and his promise to sign this bill into law tomorrow, Thursday July 29th. President Obama said “The federal government’s relationship with tribal governments, its obligations under treaty law, and our values as a nation require that we do more to improve public safety in tribal communities. And this Act will help us achieve that.” We hope this will help address the longtime problem of disturbing rates of sexual violence against American Indian and Alaska Native women. The Tribal Law & Order Act of 2009 grants Tribal Courts the authority to impose harsher sentences and requires U.S. Attorneys to keep a better record of declinations involving Indian Country among other provisions. The Act also grants Tribal Courts the authority to impose a sentence of three years imprisonment and a fine of up to $15,000 for a single count. Those are raised from the previous maximums of one year imprisonment and a $5,000 fine as outlined in the Indian Civil Rights Act. See S. 797 on THOMAS for the official source of information on this bill or resolution.

Sunday, July 25, 2010

The Elder Justice Act

There is a terrible tragedy of elder abuse that is occurring in silence the U.S.A. every day and the victims ordinary senior citizens are often physically and emotionally abused or financially exploited. According to U.S. Census Bureau statistics, as of July 1, 2004, 12 percent of all Americans were 65 and over. By 2050, people 65 and over will comprise an impressive 21 percent of the U.S. population.

The terrible secret is that according to Department of Health and Human Services estimates between 500,000 and 5 million seniors in our country are abused, neglected, or exploited. It is a sad fact that most victim of elder abuse remain silent about their victimization or do not know how to report.

The Senate is considering an Elder Justice Act. It would boost federal aid for identifying and investigating elder abuse at the state and local levels, require long-term care providers to report possible crimes to federal authorities and create new oversight within the Department of Health and Human Services for coordinating state and federal anti-abuse efforts. This bill has gained broad support in and out of Congress, with more than 500 advocacy groups supporting the legislation so it is hoped that at least some of the measures appear to have good prospects for being enacted into law.

According to a study for the National Institute of Justice, there are approximately 11% of people ages 60 and older suffer from some kind of abuse every year. In addition other studies show that elderly victims of abuse, neglect and exploitation have twice the risk of dying within a year.

The Elder Justice Act of 2005 which was now finally passed into law will hopefully:

 Fund research on comprehensive approaches to abuse detection and prevention;

 Promote coordination of federal, state and local efforts through the Department of Health and Human Services and the Department of Justice;

 Support efforts to enhance capacity to discover and hold abusers and other violators accountable;

 Provide for long term care staff training and preventive security measures to protect individuals receiving long-term care, including the establishment of a national nurse aide registry and national criminal background checks; and

 Authorize funds for training and to establish a clearinghouse to empower professionals, researchers and consumers in finding solutions to elder abuse.

Petitions Currently Active on Change.org

Go to http://www.change.org/medicalwhistleblower/

1.
Increase Funding to Improve the Education of Native Americans
Support Senator Tom Udall’s request for additional funding to the BIE and BIA. Let us not forget that education is a human right which includes (a) the right of access to quality education; (b) the practice of human rights in and through education; and (c) education as a right that facilitates the fulfillment of other rights.
Take Action

2.
Urge the President to Issue an Executive Order on Domestic Human Rights
The time for action is NOW. President Obama should issue an Executive Order that holds the U.S. accountable for its human rights commitments.
Take Action

3.
Support the Tribal Law and Order Act (S. 797 / H.R. 1924)
The Tribal Law and Order Act (S. 797 / H.R. 1924) is still in the spotlight in both the House and the Senate. The Senate recently passed this legislation out of committee. There is a lack of proper law enforcement protection to Native Americans on Bureau of Indian Affairs land.
Take Action

4.
Ratify the Convention on the Rights of Persons with Disabilities (CRPD).
We the undersigned are calling on the United States Congress to Ratify the UN Convention on the Rights of Persons with Disabilities WHEREAS, the Convention is the first human rights treaty of the 21st century; and the President of the United States signed the treaty on July 30, 2009 and it is now necessary to ratify the treaty to give it the force of law..
Take Action

5.
Stop Child Abuse - Support HR 911
It is a sad fact that the United States has not protected the human rights of children in private residential treatment and wilderness camps. These programs remain largely unregulated and terrible abuse happens while children are kept from communicating with their families and getting advocacy for even their most basic needs.
Take Action

ASAM creates a new medical board speciality to compete with boarded psychiatrists and psychologists

The American Society of Addiction Medicine has created a New Board Specialty in order to control Federal grant funds and other public financing in behavioral medicine.

American Society of Addiction Medicine certification FASAM is not equivalent to medical board certification. On their website the ASAM admits that the ASAM " examination is not a Board examination. ASAM is not a member of the Board of American Board of Medical Specialties, and ASAM Certification does not confer board Certification. " http://www.asam.org/ExamHistory.html

The Diagnostic and Statistical Manual of Mental Disorders (DSM) is published by the American Psychiatric Association and provides diagnostic criteria for mental disorders. The ASAM conveniently refuses to acknowledge the DSM IV R criteria for various addictive disorders and instead has their own criteria which was concocted by their own doctors with histories of addiction. Dr. George Douglas Talbott was one of the initial writers of the ASAM manual on addiction. This book is used by ASAM doctors as the bible to diagnosis people with "addiction". So they created their own criteria and based that on symptoms which in the real DSM IV R are attributed to Post Traumatic Stress Disorder (Acute and Complex). The PHP never gives anyone just a diagnosis of PTSD because that would not allow them to legally prevent their whistleblowing testimony to be heard in a court of law. It is important to recognize the difference between PTSD which is a psychiatric injury as opposed to what is a mental disease. This is a legal as well as a medical concept.

Based on this newly concocted diagnostic manual dreamed up by the members of the American Society of Addiction Medicine, the ASAM then started their own credentialing program and called the graduates who learned their new diagnostic approach Fellows and gave them the initials FASAM behind their names. The ASAM is now trying to grandfather in their FASAM members as being boarded experts in behavioral medicine without going through the strenuous residential internships currently required to call a doctor a boarded expert. Should allegations of domestic violence and human rights violations be permanently erased from a doctor's record so that he can move into a position of national political influence and power?

There are specific professional organizations which provide Board Specialty training in medicine and psychology. These organizations have clear stringent guidelines as to who is given the honor and professional status as a boarded expert. Credentialing in the Boarded specialties as a MD is a challenging process that weeds out those without adequate clinical or academic skills.

Even in the field of psychology which is not the practice of medicine, there are still strict guidelines for board certification. The American Board of Professional Psychology was incorporated in 1947 with the support of the American Psychological Association. The ABPP is a unitary governing body of separately incorporated specialty examining boards which assures the establishment, implementation, and maintenance of specialty standards and examinations by its member boards. Through its Central Office, a wide range of administrative support services are provided to ABPP Boards, Board Certified Specialists, and the public.A Specialty is a defined area in the practice of psychology that connotes special competency acquired through an organized sequence of formal education, training, and experience. In order to qualify as a specialty affiliated with the ABPP, a specialty must be represented by an examining board which is stable, national in scope, and reflects the current development of the specialty. A specialty board is accepted for affiliation following an intensive self-study and a favorable review by the ABPP affirming that the standards for affiliation have been met. These standards include a thorough description of the area of practice and the pattern of competencies required therein as well as requirements for education, training, experience, research bases of the specialty, practice guidelines, and a demonstrated capacity to examine candidates for the specialty on a national level.

This is not true of the new board "speciality" criteria of the newly created Association for Behavioral Health and Wellness (ABHW) - which was previously the American Managed Behavioral Healthcare Association. The goal of the American Managed Behavioral Healthcare Association was to make money on substance abuse treatment and mental health services. Instead their CEO and Chairman of the ABHW Board, Pamela Greenberg, is also Senior Vice President in the Stephens Inc. company in Dallas TX which supplies financial services for health insurance companies. The goal of this alliance is to make money for the financial investors (Stephens Group LLC). Those making management decisions are not trained in medicine or psychology, they are trained in financial assessment, risk management, cost benefit insurance statistical analysis, economics, public policy, survey research and other related fields. They are not medical doctors or psychologists.

It must be remembered that part of the funding for the State Physicians Health Programs is provided from medical malpractice insurance companies. The State Physicians Health Program is not designed to help targeted doctors recover and go back to practice, nor are they designed to truly protect the vulnerable patients from abuse, neglect and medical fraud. The State Physicians Health Program is designed to make their Directors money and to protect large hospital and medical corporations from medical malpractice suits. The State Physicians Health Program will readily sacrifice a medical doctor's career for corporate profits.

The Association for Behavioral Health and Wellness (ABHW) http://www.abhw.org/ organization run by Pamela Greenberg is designed to protect certain financial interests such as Medical Malpractice and Health Insurance companies (Aetna, Value Options, Cenpatico, Magellan Health Services, Optum Health Services, Shaller Anderson Behavioral Health, MHN) and also the financial interests of Big Pharmaceutical companies ( Eli Lilly, AstraZeneca International, Bristol Myers, Reckitt Beckiser). ABHW mission can be seen at http://www.abhw.org/page3.html

ASAM states in their mission statement that their goal is to establish addiction medicine as a specialty recognized by professional organizations, governments, physicians, purchasers and consumers of health care services, and the general public. The American Managed Behavioral Healthcare Association (AMBHA) and the American Society of Addiction Medicine (ASAM) are together promoting this new medical boarding and will be grandfathering those who already have the FASAM credentials in without the need for the normal hospital residency. These newly boarded "experts" in behavioral medicine would then be able to compete for Federal Funding on an equal basis to the already existing Medical Doctor Board and Psychologist certifications in Psychiatry and Psychology but these new graduates would be trained in the Dr. George Talbott and Ruth Fox traditions. One can only imagine what Dr. George Douglas Talbott ("recovered" alcoholic) and these other FASAM doctors would then do politically and financially with this new credentialing based on past history of medical fraud, patient abuse and human rights violations.