Another DOUBLE STANDARD ?

Temponeras indicted on federal charges

http://www.portsmouth-dailytimes.com/news/news/154147269/Temponeras-indicted-on-federal-charges

When are we going to see charges in deaths of pts that have died because Pharmacists have refused to fill necessary pain or controlled meds and pts die from withdrawal or suicide because of unrelenting pain ? A conclusion by an examiner in a recent case in the state of MT .. stated that Pharmacist insisting on pts reducing their opiate doses.. was “outside of his scope of practice”..  So are we only going to see repercussions for healthcare provider when they are outside of their scope of practice and pts die… when it only serves the war on drugs agenda ? Since when that a family practice physician can’t treat pain pts ? Where is the scope of practice issue here ?

A former Wheelersburg pain clinic operator, her father and a Portsmouth pharmacist have all been indicted by the U.S. Attorney for the Southern District of Ohio and those charges carry possible life in prison sentences if connections are made to the deaths of patients.

 

On Wednesday evening, a federal grand jury charged Margaret “Margy” Temponeras, 50, of Portsmouth, John Temponeras, 80, of Portsmouth, and Raymond Fankell, 60, of Wheelersburg, with illegally running a pain clinic and distributing pain killers not for a legitimate purpose and outside the scope of medical practice in an indictment returned in Cincinnati.

 

Carter M. Stewart, United States Attorney for the Southern District of Ohio, Joseph P. Reagan, Special Agent in Charge, Drug Enforcement Administration (DEA), Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Field Division, Steven W. Schierholt, Executive Director, Ohio State Board of Pharmacy, and the Ohio High Intensity Drug Trafficking Area (HIDTA) announced the indictment returned on Wednesday.

 

The indictment alleges that Margaret Temponeras and John Temponeras were physicians specializing in family practice and OBGYN respectively, who changed their medical focus to pain management and began operating Unique Pain Management LLC in Wheelersburg. Margaret Temponeras also opened Unique Relief LLC in Wheelersburg. Raymond Fankell owned and operated Prime Pharmacy Group Inc., doing business as Medi-Mart Pharmacy in Portsmouth.

 

It is alleged that all three defendants dispensed diazepam, hydrocodone and oxycodone not for a legitimate purpose and outside the scope of medical practice. Margaret and John Temponeras allegedly “examined” more than 20 customers per day, and provided large amounts of prescription medications to customers that they knew or had a reasonable cause to believe were drug addicts or diverting or selling the medication.

 

The five-count indictment states that in furtherance of the conspiracy, the father and daughter would charge customers cash amounts that started at approximately $200 per office visit; they would not accept insurance payments. They allegedly referred patients to Fankell to have Fankell fill prescriptions. The court document also indicates that at least eight individuals were found dead after consuming medications prescribed by and dispensed from the defendants.

 

The three were charged with two counts of illegally distributing medication, which each carry a maximum penalty of 20 years in prison and a million dollar fine; these charges also carry an enhanced penalty of 20 years to life in prison if death resulted. John Temponeras and Raymond Fankell were charged with one count and Margaret Temponeras with two counts of maintaining a place for the purpose of distributing controlled substance, a crime punishable by up to 20 years in prison and a fine of up to $500,000.

 

Stewart commended the investigation of the case by the DEA, FBI, Ohio State Board of Pharmacy, and Ohio HIDTA.

 

Reach Frank Lewis at 740-353-3101, ext. 1928, or on Twitter @franklewis.

Employees and customers of a Pike Creek drug store that’s been without a working air conditioner for weeks could get relief soon.

Walgreens_Corner-W-Flag_OneColor_4c

Pike Creek Walgreens without air-conditioning for weeks

http://www.delawareonline.com/story/news/local/2015/06/18/pike-creek-walgreens-without-air-conditioning-weeks/28944533/

Employees and customers of a Pike Creek drug store that’s been without a working air conditioner for weeks could get relief soon.

The Walgreens at 4575 New Linden Hill Road store has had a broken unit since at least Memorial Day, said Phil Caruso, a company spokesman. Some workers at the location, who did not want to be identified, said the outage occurred in early May.

Several fans have been used to cool the store. The location is in a strip mall, but no other adjacent businesses are affected. On Saturday, when temperatures outside reached 88 degrees, chocolate bars at the cash register were liquified from the heat and a pharmacist dabbed sweat from his brow.

“I went in there and every associate was dripping with sweat,” said Hockessin resident Michael Howe, who shops at the store weekly. “I started about a month ago complaining about how it was hot in there.”

Howe said the cashier offered customers free water.

“I just felt really bad for the people working there,” Howe said.

Caruso said the situation is “not typical.” Walgreens has more than 8,200 stores and is the largest drugstore chain in the U.S.

“Our team members in that store have done an exceptional job of serving our customers. They understand the need to remain open. We know it is hot, but we understand the need for our patients to have access in that area,” Caruso said.

Caruso said the problem is due in part to the store being smaller than a typical Walgreens and having only one air-cooling unit. Walgreens acquired the branch as part of its purchase of Happy Harry’s in 2007 and had to work with the chain’s previous vendor to fix the unit, he said. They also had to build custom housings, he said.

“Crews are going to be working through the weekend and we expect it to be installed early next week,” Caruso said.

Caruso said the heat is not harming pharmaceuticals. “It would have to be extreme heat (to affect the medicine). Most of the medicine can withstand heat and cold temperatures,” Caruso said.

Caruso said the store had refrigerators available for any medications that require cold temperatures.

Contact Xerxes Wilson at (302) 324-2787 or xwilson@delawareonline.com. Follow @Ber_Xerxes on Twitter.

Could this law outlaw “torture” for those involved in the war on drugs ?

Torture is a war crime the government treats like a policy debate

http://www.theguardian.com/commentisfree/2015/jun/17/torture-war-government-treats-policy-debate?CMP=ema_565

The Senate commendably passed an amendment “outlawing” torture by a wide margin on Monday, but given that torture is already against the law – both through existing US statute and by international treaty – what does that really mean?

The bill, a response by lawmakers to last year’s devastating CIA torture report that exposed the agency’s rampant illegal conduct and subsequent cover-up in the years after 9/11, would force all US agencies – including the CIA, finally – to comply with the Pentagon’s rulebook on interrogations. It would also forbid any of the Pentagon’s interrogation rules from being secret and give the Red Cross access to all detainees held by the US, no matter where.

One would’ve thought pre-9/11 that it would be hard to write the current law prohibiting torture any more clearly. Nothing should have allowed the Bush administration to get away with secretly interpreting laws out of existence or given the CIA authority to act with impunity. The only reason a host of current and former CIA officials aren’t already in jail is because of cowardice on the Obama administration, which refused to prosecute Bush administration officials who authorized the torture program, those who destroyed evidence of it after the fact or even those who went beyond the brutal torture techniques that the administration shamefully did authorize.

Since the Senate’ report reinvigorated the torture debate six months ago, Obama officials have continued to try their hardest to make the controversy go away by stifling Freedom of Information Act requests for the full report and, in many cases, refusing to even read it. And Bush-era law-breakers were even given the courtesy of having their names redacted from the report, sparing them of public shaming or criticism, despite clear public interest to the contrary.

Instead of treating torture as the criminal matter that it is, the Obama administration effectively turned it into a policy debate, a fight over whether torture “worked”. It didn’t of course, as mountains of evidence has proved, but it’s mind-boggling we’re even having that debate considering that torture is a clear-cut war crime. It’s like debating the legality of child slavery while opening your argument with: “well, it is good for the economy.”

But that’s now where we stand. While torture victims are without recourse – for over a decade, Guantanamo prisoners have been barred from testifying about what the CIA did to them – torture architects are television pundits, appearing on the big networks’ Sunday shows to defend one national security excess or another. They’re given enormous book contracts and 60 Minutes puff pieces, while almost universally avoiding tough questions, let alone an indictment. Those still inside government have not only avoided reprimand, but have gotten promotions.

And look where that attitude has left us: John Oliver, who did an excellent segment on the torture debate on Sunday, asked 14 presidential candidates if they supported the new ban, and only four responded with an affirmative. I guess it’s not exactly a surprise that this year’s lot of Republicans is more than willing to appeal to Jack Bauer fans over proven facts, given Mitt Romney openly advocated for rolling back Obama’s executive order “banning” torture in 2012. But given the outright disgust the torture report elicited, it’s embarrassing hardly any Republicans seemed to have reconsidered their positions.

Most notably, CIA director John Brennan has escaped completely unscathed – despite both advocating for torture during the Bush administration and authorizing the hacking of computers used by Senate staffers while they conducted their torture investigation during the Obama administration. But David Buckley, CIA inspector general who investigated the agency for its potentially illegal and unconstitutional hacking episode? He resigned shortly after the CIA refused to act on his findings, and his position will likely remain empty for the foreseeable future.

I certainly hope the House follows the Senate’s lead and passes the torture amendment into law. It is a powerful statement, if only to dilute some of the secrecy surrounding prisoner interrogation that has infected the last two administrations. Though if torture was already illegal, who knows how this law will stop the next president any more than the existing laws stopped the last.

Best way not to die from a opiate overdose ?… don’t take/abuse opiates ?

Clinicians Reluctant To Prescribe Naloxone for Opioid Overdose

http://www.painmedicinenews.com/ViewArticle.aspx?ses=ogst&d=Web+Exclusive&d_id=244&i=June+2015&i_id=1198&a_id=32769

Many factors including questions about risk and reluctance to offend patients hinder clinicians’ willingness to prescribe a potentially lifesaving medication that counteracts the effects of an opioid overdose, according to a Kaiser Permanente Colorado study (J Gen Intern Med 2015 Jun 9. [Epub ahead of print]). 
 

The number of fatal overdoses from opioid medication use has quadrupled in the United States since 1999. According to the Centers for Disease Control and Prevention (CDC), each day 44 people die from prescription painkiller overdoses. In the event of an overdose, opioids depress respiration until breathing stops. The drug naloxone reverses these effects and can prevent fatal outcomes.

 
Naloxone is viewed as a promising agent to prevent deaths, and 30 states including Colorado, and Washington, DC, have signed legislation that allow clinicians to prescribe naloxone or have pilot programs in place to distribute the medication. Naloxone typically is prescribed to patients taking opioid painkillers, so that family members or other bystanders can administer it in the event of an overdose.
 

Researchers from Kaiser Permanente, Denver Health Medical Center and the University of Colorado School of Medicine conducted 10 focus groups with 56 clinicians from August 2013 to August 2014. They asked about attitudes regarding prescribing naloxone to patients also taking opioids prescribed for pain at internal medicine, family medicine and HIV clinics. Key findings included:

  • Clinicians commonly expressed beliefs that naloxone could effectively prevent overdose deaths.
  • Clinicians agreed that prescribing the drug may increase patient understanding of the risks associated with opioid use.
  • Only three of 37 clinicians with prescribing authority had prescribed naloxone.
  • There were logistical challenges, such as time restraints within clinical appointments, to widespread naloxone prescribing in busy primary care practices.
  • Clinicians hesitated to prescribe naloxone because they did not want to offend patients by talking about their risk for overdose.
  • Clinicians wanted to be certain that the bystanders who would administer naloxone receive proper and confidential training, and would be able to recognize the signs of an overdose.
  • Clinicians expressed concerns about possible adverse effects of the drug in widespread use. Focus group participants wanted evidence that having naloxone available does not lead to riskier use of opioids.
“Given the substantial increase in fatal overdoses from pharmaceutical opioids in the United States in recent years, expanding access to naloxone is a promising option to prevent future deaths,” said Ingrid Binswanger, MD, MPH, a senior investigator in Kaiser Permanente Colorado’s Institute for Health Research. “However, research shows there are gaps in knowledge about how to use naloxone in routine clinical practice. It’s evident that more education is needed to support clinicians, as states begin legislating wider access of naloxone for bystanders of overdoses.”
 
More research is needed to address the questions raised by clinicians in the focus groups regarding how increased naloxone prescribing affects patient satisfaction, opioid use and patient safety, according to Dr. Binswanger.

 

The Hippocratic Oath: do not harm.. unless opiates are involved ?

 

Pharmacies “price gouging” pts and insurance companies committing fraud ?

Rxtothehead

WESH 2 investigates prescription pill pricing

Local patients complain of expensive medication

What is being missed here.. is if the pt has insurance.. and the pharmacy is listed on the insurance company’s website as part of their participating pharmacy network.. then they are contractually obligated to fill/bill and accept the insurance company’s allowable amount for a particular Rx and prohibited by their contract to charge the pt any more than that amount allowed by the insurance company.  So if the insurance company is not enforcing their contracts with pharmacies.. they are collecting premiums and not making sure that their pharmacy network is living up to the terms of the contract.. meaning that the insurance company collects premiums and doesn’t have to pay out for products/services covered by the person’s policy… isn’t that a fraudulent behavior… shouldn’t the state insurance commissioner, Attorney General or www.CMS.gov be investigating these issues.

http://www.wesh.com/health/wesh-2-investigates-prescription-pill-pricing/33637798?utm_source=Social&utm_medium=FBPAGE&utm_campaign=WESH%202%20News&Content%20Type=Story#comments

The issue of supply and demand is prevalent at some Central Florida pharmacies.

Watch our State of Pain special

WESH 2’s Matt Grant went undercover with Lorraine White, who suffers from severe osteoporosis, to five pharmacies, only three of which carried the medication she needed.

White was quoted $2,184 for 30 milligrams of oxycodone, which amounted to $13 per pill, at two pharmacies on State Road 50. That is the same price the drug sells for on the street, according to the DEA.

“We live on less than what they’re charging for one prescription,” White said. “(The pain) is gouging. They’re taking advantage of the people who need the pain medication.”

Another local pharmacy quoted White $223 for 30 milligrams of oxycodone ($1.33 per pill), which according to experts is the average price.

“They’re taking advantage of the restrictive climate and who’s suffering? Patients who have a right to get the medicines that they need. It hurts me to the core to see people in my profession behave in this matter,” University of Florida Pharmacy School professor Paul Doering said.

Pharmacists discuss issues causing prescription drug problems

“I already choose between my health and my food,” White said.

The state’s pharmacy laws and rules do not address pricing for medications, according to the Florida Department of Health.

The attorney general’s office said they’ve received four complaints so far this year regarding prescription drug prices.

The pair blame the U.S. Drug Enforcement Agency agent Lee Lucas and others for what they characterized as a bogus arrest.

Appeals court revives lawsuits filed against DEA agent in corrupted Mansfield drug investigation

http://www.cleveland.com/court-justice/index.ssf/2015/06/appeals_court_revives_lawsuits.html

CINCINNATI, Ohio — A federal appeals court has revived a pair of civil-rights lawsuits filed by two men who were framed in a Mansfield drug investigation marred by a lying confidential informant and a federal agent believed to have known about those lies.

The 6th U.S. Circuit Court of Appeals wrote in an opinion released Wednesday that Joshawa Webb and Herman Price — two of more than two-dozen defendants charged in “Operation Turnaround” — can take their malicious prosecution, wrongful arrest and fabrication of evidence claims to trial. The pair blame the U.S. Drug Enforcement Agency agent Lee Lucas and others for what they characterized as a bogus arrest.

Webb and Price were arrested and indicted by a grand jury in 2005. Paid informant Jerrell Bray said that he participated in drug deals with the men on separate occasions.

In reality, Bray used stand-ins for Webb and Price, as well as others, in an attempt to eliminate his drug-dealing competition. Lucas knew about this and worked to cover up Bray’s misdeeds, according to a federal investigation.

Bray later confessed. Lucas was criminally charged but was acquitted by a jury.

Webb and Price were cleared of their charges and filed suits in 2007 and 2009 against Lucas, the DEA, the Richland County Sheriff’s Office and other agencies. U.S. District Judge Christopher Boyko dismissed the lawsuits, but appellate Judge Danny Boggs overturned many of Boyko’s decisions.

Wednesday’s opinion says “neither precedent nor common sense” supports Boyko’s assertion that Price cannot show that he was harmed, even if he was supposed to be incarcerated in Michigan in a separate case.

“Under the district court’s reasoning, each of these inmates would also have forfeited all of his Fourth Amendment rights regarding false imprisonment and malicious prosecution, and the government would have free rein to frame any of them for any other crime,” the opinion says.

The court also decided that there is enough evidence to question whether Lucas and other agents had enough probable cause to prosecute Webb, since there is evidence that Lucas knew of Bray’s lies.

However, the court continues, Lucas was with Bray at the controlled buys. He saw the stand-in, which did not resemble Webb. A cop who mistakenly identifies an individual who does not look like the suspect in question is not immune from liability, it writes.

Jon Loevy, Webb and Price’s attorney, said he was thrilled with the appeals court’s decision.

“These are very serious allegations of law enforcement misconduct that they framed these guys,” Loevy. “We’re very gratified that the appellate court realizes these guys should go to trial.”

Attorneys for Lucas, the DEA and the Sheriff’s Office did not immediately return phone calls Wednesday.

The court struck down an attempt to remove Boyko from the case. While Boyko has tried to dismiss the lawsuits several times, the opinion says the judge “has not unequivocally demonstrated such an unwillingness to entertain alternative viewpoints.”

Loevy said in response that, “we hope and expect we’ll get a fair trial.”

Bray’s confession led then-U.S. Attorney Greg White to seek the release of 15 people from prison.

Bray died in September 2012 at the age of 40, while he was in the middle of serving more than 13 years in prison for lying during the operation.

Several lawsuits were filed against Lucas and others in the case. Loevy said his clients have the last remaining claims.

Click here to read the opinion on a mobile device.

DEA administrative subpoenas could not be used to get information from the state-operated PDMP because doing so would violate the Fourth Amendment

fishing

Does the DEA Need a Warrant to Get PDMP Database Information?

ISSUE OF THE CASE
Can the US Drug Enforcement Administration (DEA) use an “administrative subpoena” to obtain information from a database of transactions maintained by a state government of prescriptions of controlled substances, or is the expectation of privacy of such information so significant that the DEA’s motives for wanting such information need to be more thoroughly vetted before being able to access the data?

FACTS OF THE CASE
The prescription drug monitoring program (PDMP) of a northwestern state was established, with the primary purpose being “to provide practitioners and pharmacists a tool to improve health care.” Information in the database is designated “protected health information,” with disclosure being permitted only under very limited circumstances. In addition to health professionals having access to the information when contemplating treatment or currently treating a patient whose information appears in the database, the state statute governing operation of the system permits disclosure “pursuant to a valid court order based on probable cause and issued at the request of a federal, state, or local law enforcement agency engaged in an authorized drug-related investigation involving a person to whom the requested information pertains.”

An administrative subpoena is authorized by a provision in the Controlled Substances Act. The wording of the relevant provision in the statute specifies that the Attorney General may issue such a subpoena. Failure to comply involves no penalty, but the US Department of Justice may go to a federal court to seek an order to compel compliance.

DEA representatives sought access to the state’s PDMP by submitting 2 administrative subpoenas to state officials responsible for operating the database. One of the subpoenas sought access to a patient’s prescription records, and the other covered a request for a compilation of all database prescriptions that had been issued by 2 prescribers, in particular.

Because database administrators felt that these 2 requests were contrary to state law, they filed an action in US District Court seeking a declaratory judgment about which was supreme in this case: state law or the administrative subpoena. In essence, they asked the court to declare what was the appropriate way to view the law in this area. Four patients and 1 physician also joined the suit to bring their perspectives to bear, represented by the American Civil Liberties Union (ACLU). All parties to the matter moved for summary judgment, arguing that there was no genuine dispute as to any material fact. All were in agreement about the facts; the disagreement was over how the law applied to those facts.

THE COURT’S RULING
Whereas the motion for summary judgment made by the patients and physician was granted, rendering moot (or of no practical value) the motion by the PDMP administrators, the DEA’s motion for summary judgment was denied. The bottom line was that administrative subpoenas could not be used to get information from the state-operated PDMP because doing so would violate the Fourth Amendment to the US Constitution.

THE COURT’S REASONING
The Fourth Amendment protects against “unreasonable searches and seizures.” Therefore, searches conducted without prior screening for probable cause by a judge or magistrate are considered unreasonable under the amendment, with very few “specifically established and welldelineated exceptions.” The protection of the amendment extends “to guard against searches and seizures of items or places in which a person has a reasonable expectation of privacy.” The court cited 2 prior cases at the US Court of Appeals level where use of an administrative subpoena had been overturned because the person affected had an expectation of privacy that society would consider to be reasonable.

The court concluded that each of the patients represented by the ACLU had a reasonable expectation of privacy regarding prescription information, as did the prescriber. To quote the judge in the case, “By reviewing [a] doctor’s prescribing information, the DEA inserts itself into a decision that should ordinarily be left to the doctor and his or her patient.” The court concluded that medical records, and hence prescription records, which form a significant part of the patient’s medical record, have long been treated with confidentiality. Privacy protections for health care records existed in both state and federal statutes.

While it is reasonable that “patients expect that physicians, pharmacists, and other medical personnel can and must access their records, it is more than reasonable for patients to believe that law enforcement agencies will not have unfettered access to their records.” The DEA attempted to draw a distinction between “medical records and prescription information.” In the view of the judge deciding the case, “This distinction is very nearly meaningless.”

The court noted that “patients and doctors are not voluntarily conveying information to the PDMP.” Submission of the specified information is required by law. “The only way to avoid submission of prescription information to the PDMP is to forego medical treatment or to leave the state.”

But only 7% of them get treatment for both conditions, with a staggering 56% receiving no treatment at all,

Mother who lost mentally ill addicted son: The system is ‘broken’

http://gantdaily.com/2015/06/17/mother-who-lost-mentally-ill-addicted-son-the-system-is-broken/

Barbara Theodosiou anxiously awaited each text and call. Still, her stomach turned every time her phone would ring or vibrate. Every time there was a knock at the door.

Sometimes, she would even turn her phone off at night — the fear of getting that life-altering news too much to bear.

She lived with that terror for eight years as her beloved son Daniel Francis Montalbano, a boy whom she says “painted, wrote poems and told his mother endlessly how much he loved her,” struggled with mental illness and drug addiction.

In April, after Daniel had gone missing for about a week, her phone rang with a police sergeant at the other end of the line. She immediately called out to her husband to get on the phone with her.

“I never wanted to be alone to find out something happened to Daniel,” she said during a phone interview from her home in Davie, Florida.

It was the call she feared most.

Daniel, just 23, was gone. He had drowned in Florida’s Intracoastal Waterway, she learned.

Her life, like the lives of parents too numerous to count who have also lost children to addiction, was forever changed.

“There is no peace for me. Ever again. This is a life sentence,” she said in a speech paying tribute to her son during a special event in her town in honor of The Addict’s Mom, the Facebook community she founded in 2008 to support families battling the disease of addiction.

“It shocks me. It crushes me. It steals my soul,” she said. “There are no breaks, no holidays, there is no solace here. And I spend every second wishing I had one more moment, one more day with my son before drugs.”

But despite her grief — and perhaps because of it, she is more determined than ever to make sure that Daniel’s life was not lived in vain.

She is now committed to telling his story and raising awareness to help people dealing with both mental illness and substance abuse and pushing for reforms in schools and prisons to make sure they get the treatment they need.

The numbers don’t lie — mental illness and substance abuse often overlap.

Nearly 9 million people have co-occurring disorders, meaning they have both a mental and substance abuse disorder, according to the Substance Abuse and Mental Health Administration.

But only 7% of them get treatment for both conditions, with a staggering 56% receiving no treatment at all, the agency says.

Add in a justice system that isn’t always equipped to handle mental illness, and you have a recipe for disaster, Theodosiou says.

The Addict’s Mom

I got to know Theodosiou last year as I reported a lengthy story on the mothers of addicts, revealing how they cope with the incomprehensible challenges of supporting their addicted child while not enabling their disease.

As the founder of The Addict’s Mom, which now boasts 30,000 members and chapters in every state, Theodosiou, a successful entrepreneur, was a natural person to interview. She has devoted her life to helping those affected by addiction.

She came to this mission not by choice, she says, but after learning — during a six month span — that two of her children were addicts.

Her eldest son Peter, now 26, started using prescription drugs and then escalated to heroin. He has been in recovery for 4½ years, graduated college and plans to start graduate school this fall.

At 15, Daniel started what’s called robotripping, where he would take large quantities of cough medicine to get high.

Theodosiou believes Daniel turned to cough medicine, which he continued to abuse until his death, to cope with the pain of mental illness.

Ever since Daniel started elementary school, he struggled socially, said his mom. He was bullied, ostracized, disruptive in the classroom. By middle school, he was sad and becoming angry.

“I took him to a psychiatrist at the tender age of 12,” said Theodosiou. “There was no definitive diagnosis.”

Was it attention-deficit hyperactivity disorder? Obsessive-compulsive disorder? Bipolar disorder? Asperger’s syndrome? Theodosiou says she’ll never know for sure because as Daniel started abusing drugs, he was never sober long enough to really get to the root of the problem.

When he was younger, one doctor said he might have ADHD and suggested medication, but Theodosiou decided against it. Her brother was a heroin addict, and she worried about her children taking medication and eventually becoming addicted.

“My kids were young. I didn’t really want to start them on medication. I was really scared,” she said.

She now wonders about that decision.

“It might have been effective, but I don’t know. I’ll never know.”

Theodosiou says there were no mental health resources in Daniel’s schools. When students would complain about him, he would be put in detention, sitting by himself in another room, she said.

“Years later, he would begin to tell me that that really broke him,” she said. “As he started to use drugs, what he would say to me when I would go to the hospital … ‘Mom, I only want to be normal.’ “

Her son, she says, was part of a “broken system, a broken mental health system since he was a little boy, and that system failed him.”

The challenges for the mentally ill who abuse substances

People who are mentally ill and abuse substances are at “increased risk of impulsive and potentially violent acts,” according to the National Alliance on Mental Illness (NAMI).

They’re also less likely to achieve lasting sobriety, more likely to become physically dependent on their substance of choice, and to end up in legal trouble from their substance abuse, according to NAMI.

The legal system, says Theodosiou, failed her son too.

When I interviewed Theodosiou last year, Daniel had been in rehab for five weeks — at that time his longest period ever in treatment — but had relapsed. He’d broken the condition of his release from jail and was back behind bars.

The “horrific cycle” would continue, she said.

It would go something like this: Release from jail. Overdose. Emergency room. Psychiatric wing. Treatment. Relapse. Arrests for petty crimes. Back to jail.

Then, last fall, while Daniel was in the psychiatric wing of the St. Lucie Medical Center, he was charged with a felony for allegedly assaulting a security guard.

According to the arrest affidavit, Daniel was screaming and causing a disturbance in the dining area. The document says two security officers made contact with Daniel and tried to use verbal commands to “de-escalate” the situation. Daniel allegedly attempted to hit them several times with a closed fist, and struck one of the officers in the chest with his fist.

“My son was in a psychiatric unit. He was psychotic. He could have easily been given a shot,” said Theodosiou. “The police came and arrested him. He was given a felony. He ended up in jail with violent, violent felons.”

How could someone who is mentally ill and is being treated in the psychiatric wing of a hospital be arrested, asks Theodosiou.

Daniel had never been charged with a felony before. His previous arrests were all for petty crimes and misdemeanors: shoplifting, loitering, public intoxication, misdemeanor battery, said Theodosiou.

Now she — along with help from other moms from The Addict’s Mom — is hoping to convince the Florida State Legislature to consider a bill that would make it illegal to arrest and take to jail a person who is in a psychiatric hospital or a psychiatric unit of a hospital.

“I don’t want to see anyone arrested (who’s) mentally ill in a psychiatric unit,” said Theodosiou. “It’s awful.”

How to differentiate ‘bad’ from ‘mad’

Dr. Harold Bursztajn, co-founder of the Harvard Medical School Program in Psychiatry and the Law, has been a practicing forensic and clinical psychiatrist for over 30 years. He has devoted much of his career to the field of therapeutic jurisprudence, which is centered on assuring that when the legal system does get involved, it doesn’t make matters worse for people who are mentally ill.

Bursztajn believes the most sensible way to proceed, when someone in an in-patient facility is arrested and moved to the criminal justice system after a violent outburst, is for a forensic psychiatrist to conduct an evaluation to differentiate “bad from mad.”

“The fundamental dilemma is to distinguish those people who are mad because of their addictions versus those people who are simply bad and are using their addictions as part of self-gratification rather than self-medication, so there’s a fundamental distinction,” said Bursztajn, who is also an associate clinical professor of psychiatry at Harvard Medical School.

Bursztajn believes more education is needed throughout the criminal justice system; attorneys, judges and prison officials need to understand how to look for and factor in mental illness when someone is arrested for a crime.

“The key is that education and evaluation precedes disposition. The focus all too often is simply jumping to a disposition without the appropriate evaluation, because the level of education in the prison system, in the justice system, is just not there,” he said.

“I have met some wonderful (prosecutors) who really, really understand this, and (who) work with the defense attorneys and forensic psychiatrists and come up with a treatment plan that actually works,” said Bursztajn. The more prosecutors, defense attorneys and judges who understand this, the better, he added.

What Theodosiou hopes to call attention to is the treatment of people behind bars who are mentally ill and addicted.

Often, Daniel would end up in isolation for his own protection, she said. Theodosiou claims her son wouldn’t have access to therapy, medication or physicians to treat either his mental illness or his substance use.

“And he came out worse,” she said. “Every time he came out, he was angrier. He was more paranoid.”

The St. Lucie County Sheriff’s Office, in a statement to CNN, said Daniel “received appropriate medical/mental health treatment” while he served time at the St. Lucie County Jail.

Mark Weinberg, public information officer for the St. Lucie County Sheriff’s Office, said Daniel was evaluated by mental health professionals and prescribed medications, and that he was housed in protective custody, meaning he was the only person in a single-person cell, during much of his stay.

Documents show Daniel had requested to be placed in protective custody on more than one occasion.

‘The system is broken’

Some 14% of male jail inmates suffer from a serious mental illness, and that number goes up to 31% for female inmates in jails, according to a 2009 study.

When looking at inmates with a mental health problem, the numbers are staggering: 56% of state prisoners, 45% of federal prisoners and 64% of jail inmates had a recent history or symptoms of a mental health problem, according to the U.S. Department of Justice.

And, for these inmates with mental health issues, isolation can be particularly damaging, researchers say.

While isolation can be psychologically harmful to any prisoner and cause anxiety, depression, anger, paranoia and psychosis, those adverse effects can be “especially significant” for people who have a serious mental illness, wrote Dr. Jeffrey Metzner, clinical professor of psychiatry at the University of Colorado School of Medicine, and Jamie Fellner, senior counsel for Human Rights Watch.

In their research paper published in the Journal of American Academy of Psychiatry and the Law Online, they said, “The stress, lack of meaningful social contact, and unstructured days can exacerbate symptoms of illness or provoke recurrence.”

Often, mentally ill prisoners in isolation will need crisis care or psychiatric hospitalization, the authors said. “Many simply will not get better as long as they are isolated.”

Periods of isolation were mentally damaging to Daniel, Theodosiou believes. She doesn’t think Daniel received the mental health treatment he needed while he was incarcerated.

“The system is broken,” said Sherry Schlenke, a volunteer research director for The Addict’s Mom, who lost her own son 1½ years ago after a 20-year battle with heroin. “The criminal and mental health system should be integrated, working together to solve this problem.”

Dr. Bursztajn says what’s needed within the prison system is a “secondary mental health system” where someone who is “at least board certified in psychiatry” can oversee the determination of a treatment plan that focuses both on getting the individual ready before they are released and preparing them for life once they leave jail or prison.

“You create a plan so that the person can receive the necessary treatment, the necessary education, the necessary supports to not only be able to maintain the equivalent of sobriety in the hospital or in the prison system but also outside of it.”

‘They just wanted to make an example’

Theodosiou believes that at the time of Daniel’s death, he worried about going back to jail.

As part of a plea deal for his felony battery charge, Daniel pleaded no contest in December of last year and was sentenced to 1½ years probation, with six months at an in-patient drug treatment facility paid for by his family and the remaining 12 months attending and completing mental health court.

“It’s not like we were leaving this person out to dry,” said Bruce Harrison, the state attorney in charge of St. Lucie County, told CNN.

Harrison said the prosecution originally recommended nine months in the county jail but reduced that sentence as it became aware of Daniel’s mental health issues.

Daniel started at one treatment center and was moved to another to deal with his “specific mental illness,” he said. He eventually was moved to another facility at the request of his family, said Harrison.

Theodosiou said the overall sentence — a six-month in-patient program and 18 months’ probation — was not appropriate or manageable for someone battling mental illness and substance abuse. Daniel belonged in mental health court, she said.

“If he had gone to mental health court, he would have been in treatment. … They have housing, he would have been on medication. (The prosecutors) said no,” said Theodosiou. “If Daniel didn’t belong in mental health court, I don’t know who did.”

Mental health court is a possibility, Harrison said, when the alleged crime is a misdemeanor, and the person can go back on their medication and ultimately the charges can be dismissed. “In this case, it was a felony and deserved punishment,” he said.

But Theodosiou points to an independent forensic psychiatrist’s evaluation of Daniel after he spent five months in jail. That evaluation, which CNN has obtained, recommended that the behavior that resulted in Daniel’s arrest “be viewed within the context of his psychiatric condition” involving both substance abuse withdrawal and his mental disorder.

The psychiatrist said at the time of his arrest that Daniel was prone to “irritability” and “poor judgment,” and had a history of “physical and nonphysical outbursts of rage,” particularly when “unmedicated.”

The evaluation recommended mental health court for Daniel if such a program were deemed available to him. It also recommended placement within a secure psychiatric facility for psychiatric stabilization and treatment followed by outpatient psychological and substance abuse counseling.

Theodosiou says the sentence of 18 months probation and six months in-patient treatment was never going to be doable for “somebody like Daniel (who) goes to a state hospital like 30 times a year and gets arrested because he’s mentally ill, in the street and harmless.”

She continued, “Daniel living with people with his mental illness. There was no way he could make it .”

In a letter she sent to the prosecution team, she wrote, “I pray another family and her mentally ill child will never be subject to the treatment that Daniel was by the prosecution who sadly has very little training or knowledge of the mentally ill.”

The prosecutors, for their part, stand by their handling of Daniel’s case.

“Mental illness is a mitigator on the sentence that we impose,” said Harrison, the state attorney. “What we try to do is rehabilitate folks, but the primary purpose of prosecution is punishment for criminal acts.”

Harrison continued, “I think our office was just. We couldn’t turn a blind eye to the crime and we did what we felt was appropriate and it didn’t work out.”

Said Theodosiou in response, “They just wanted to make an example, and they did.”

The last call

In April, Daniel was not getting along with anyone in the treatment center, said Theodosiou.

He called his mother, upset, saying other residents took his shoes. Daniel yelled and was told the police were coming, so he ran, she said.

By taking off, he violated his probation. “Daniel knew he would go back to jail.”

Daniel eventually called his mother and was “high as a kite,” apparently after drinking alcohol and taking pills, Theodosiou said. This, after 77 days sober for the first time in his life.

She encouraged him to get something to eat and said she would wire him $20 so he’d have money for food.

Theodosiou spent much of the eight years Daniel battled addiction and mental illness grappling with that dilemma of enabling his disease versus cutting him off cold. Even in his final days, she questions that one last parental act of sending him the money.

Was it the wrong thing to do? Could she, as a mom, have done anything differently? Was there more she could have done?

“There is no wrong or right,” Theodosiou told me last summer when I first interviewed her. “But the point is that I believe … after knowing everything I know now, I wish I would have been tougher sooner rather than later.”

After eight years waiting for the texts and calls, and feeling her stomach in knots every time the phone would ring or vibrate, Theodosiou would hear from her son one final time.

“He called me. ‘Mom, I got the $20. I’m going to go eat something.’ And then that was the last I heard from him.”

Theodosiou is still awaiting the toxicology reports to know what was in her son’s system at the time of his death.

“So did he say to himself. ‘I’m taking my life, taking 80 pills and two bottles of wine and just step in the water,’ or did he fall in the water? I will never know. I’ll never know.”

But what she does know is she will spend the rest of her remaining days trying to raise awareness about people who are battling both mental illness and addiction and pushing for significant improvements to treat both.

“When Daniel died, I just promised myself, whoever would listen, I would tell his story and by telling his story, there’s a million other moms just like me, even as we speak, they’re finding out their mentally ill children have co-occurring disorders,” she said.

In that letter she sent to the team that prosecuted Daniel, she wrote, “All I can do now is tell his story to the world in the hopes that I am able to make the smallest change in a broken system that houses the mentally ill in violent jails.”

What do you think is the best way to help addicts who are also mentally ill? Share your thoughts with Kelly Wallace on Twitter @kellywallacetv or CNN Parents on Facebook.

Access to mental health services like therapy and drugs is even more limited than other types of medical care.

Mental illness is an affliction, not a crime. Police must stop killing suffering citizens

http://www.theguardian.com/commentisfree/2015/jun/16/mental-illness-police-killing-training?CMP=ema_565

The life of a man with schizophrenia, 31-year-old Dontre Hamilton, ended after he was struck by 14 bullets from a Milwaukee police officer’s handgun on 30 April 2014. The lethal confrontation sparked a firestorm in my city, resulting in several massive protests and the notification of the National Guard. A year later, many of my constituents still ask what is being done to address concerns about police reform and how we can fill the gaps in our mental health safety net.

According to reports, Hamilton was taking a nap in a popular public park when officer Christopher Manney woke him in response to a complaint made by a local Starbucks employee. Despite assuming Hamilton had mental health problems, Manney ignored his own department protocol in dealing with emotionally disturbed people and proceeded to frisk Hamilton.

The search aggravated Hamilton – it was the second time in just a few hours that he had been hassled by police for sleeping in the park. The two men quickly became embroiled in a physical clash. Manney reportedly struck Hamilton with his baton during the scuffle, but soon Hamilton grabbed it and allegedly struck Manney in the neck. Seconds later, Hamilton was on the ground with multiple gunshot wounds to his neck, back, chest and extremities. He died hours later.

After the fatal shooting, Manney was fired for failing to comply with department procedures in frisking Hamilton like a criminal. Despite his termination, the Milwaukee County district attorney chose not to press charges, saying Manney had killed Hamilton in self-defense.

Like many Americans, Hamilton struggled with his schizophrenia. At times, he was plagued by auditory hallucinations, which became so overwhelming that he once stabbed himself in the neck. Antipsychotic medications successfully suppressed the voices, but at the time of his death, Hamilton hadn’t taken the drugs for about five months. While many people with schizophrenia find it difficult to keep up with their treatment regimens, Hamilton had reportedly foregone his medication because an insurance mix-up prevented him from obtaining it.
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Access to mental health services like therapy and drugs is even more limited than other types of medical care. In 2012, the Washington Post reported 89.3m Americans living in federally designated Mental Health Professional Shortage Areas, compared to 55.3m Americans living in similarly designated primary-care shortage areas.

Inadequate access is just the tip of the iceberg. States throughout the country are still trying to recover from $4.35bn in cuts to their mental health budgets between 2009 and 2012 . To make matters worse, state momentum to enhance funding and improve the quality of mental health services slowed notably in 2014. Sadly, such services are often the first to get cut during tough economic times.

This leads to untreated sufferers on our streets, who then, like Dontre Hamilton, often end up entangled in our criminal justice system. Unfortunately, our badly broken mental health infrastructure has turned our local police officers into first responders for individuals in crisis. Earlier this month, The Guardian reported on the death of Denis Reyes, another mentally ill man who went into cardiac arrest as New York City police officers took him into custody. His family recently filed a complaint against the police involved in the encounter, claiming they caused his sudden death.

Proper training of our law enforcement officers is crucial to help prevent tragedies before they occur, which is why I recently offered and passed an amendment to the Commerce, Justice and Science Appropriations bill for fiscal year 2016. The amendment will increase funding for the Mentally Ill Offender Treatment and Crime Reduction Act, which could provide assistance and training for police departments to safely and appropriately deal with individuals with mental health issues. It is my hope that my legislative efforts will help prevent more tragedies like those of Dontre Hamilton and Denis Reyes.

Mental health plays a vital role in 21st-century policing. Local law enforcement officials routinely put their lives on the line to uphold public safety, but ill-equipped police officers are at risk of causing more harm than good. Federal lawmakers need to pick up the slack on funding for critical police training where states and local municipalities have failed. I can’t think of a better way to honor the life and memory of Dontre Hamilton than to prevent others from sharing a similar fate.