Kevin Robert Frost, CEO of amfAR, The Foundation for AIDS Research, expressed deep concern over the reported detention by the Iranian government of two Iranian doctors known for their pioneering work on HIV/AIDS.

Frost called the detainment of the two brothers Arash and Kamiar Alaei, “extremely troubling,” and called for the release of the two men, who were apparently arrested at the end of June.

“What we are talking about here are two prominent, apolitical HIV/AIDS physicians who are internationally recognized for their humanitarian efforts and work to improve public health,” Frost said. “It is of special concern that these two doctors, whose whereabouts remain unknown, disappeared prior to the International AIDS Conference (IAC) in Mexico City, where they were scheduled to speak about Iran’s HIV/AIDS prevention and treatment programs.”

Frost said he is appealing to the Iranian government to disclose the whereabouts of Arash and Kamiar Alaei and to release them immediately so they can return to their lifesaving work. “Arash and Kamiar were sorely missed at the International AIDS Conference, and their absence is a striking reminder of the ongoing difficulties faced by people who are actively fighting HIV/AIDS in many parts of the world,” Frost said.

Dr. Adeeba Kamarulzaman, committee chair of amfAR’s TREAT Asia program, who established the Infectious Diseases Unit at the University of Malaya Medical Centre (UMMC), also called for the release of the two doctors while speaking this morning at the IAC.

“As a Muslim woman, I call on the Iranian government to release these brothers and allow them to continue their vital work,” Dr. Kamarulzaman said.

The International AIDS Conference, held every two years, is considered by many to be the most valuable opportunity for the presentation of important new scientific research and for productive, structured dialogue on the major challenges facing the global response to AIDS.

About amfAR

amfAR, The Foundation for AIDS Research, is one of the world’s leading nonprofit organizations dedicated to the support of AIDS research, HIV/AIDS prevention, treatment education, and the advocacy of sound AIDS-related public policy. Since 1985, amfAR has invested nearly $275 million in its programs and has awarded grants to more than 2,000 research teams worldwide. For more information about amfAR, visit http://www.amfar.org.

American Foundation for AIDS Research (amfAR)
http://www.amfar.org

A Filipino man whose wife died in childbirth from a hospital’s negligence has been allowed to stay in the UK, after an intense campaign by UNISON.

Arnel Cabrera, (38) was initially denied residency in 2004 by the Home Office, after his wife, Mayra, a theatre nurse at Great Western Hospital Swindon, died at the hospital. She was incorrectly given a powerful anesthetic. Soon after his wife’s death the Home Office curtailed Mr Cabrera’s leave to remain in the UK. UNISON challenged the decision.

Dave Prentis, General Secretary of UNISON, said: “I am delighted that the Home Office has seen sense and reversed their decision. UNISON funded Arnel’s fight to remain in the UK as we firmly believed he and his son Zac had the right to build the family life they had planned before Mayra’s tragic death.”

Mr Cabrera, supported by UNISON, his wife’s trade union, applied for leave to remain in the UK, but the Home Office refused. The union funded a further application for Mr Cabrera and today the Home Office confirmed that he will be granted indefinite leave to remain in the UK. Mr Cabrera will now apply for his son to join him in the UK.

Alex Rook from Irwin Mitchell solicitors who took the case said, “This is fantastic news and my client is obviously delighted. He is financially solvent and keen to contribute greatly to a society that wanted him before his wife was killed.

“Arnel will be so relieved that common sense seems to have finally prevailed and the Home Office have exercised their discretion appropriately.”

Mr Cabrera said, “I am so glad that my application was finally granted and I would like to thank everyone who has supported me. I look forward to the day when Zac and I can continue our lives here in England as we planned before Mayra’s death.”

Background

Mayra Cabrera died on May 11 2004 shortly after giving birth at the Great Western Hospital when a midwife mistakenly hooked up a drip to her arm of Bupivacaine, a potent anaesthetic to be administered epidurally.

An inquest earlier this year held that Mayra was unlawfully killed by the Trust. At the time a spokeswoman of the Trust stated, “this case should not have happened and I hope other hospitals will be able to learn from the bitter lessons we have learnt.”

http://www.unison.org.uk

A 43 year old registered nurse from Bournemouth, England has been struck off the Nursing and Midwifery Council (NMC) register for physically and verbally abusing both patients and colleagues.

Philip Haywood was employed at Poole Hospital in July 2007 when he pushed Patient A, a frail and elderly man, backwards causing him to fall onto his bed. He then restrained him by placing his knee on his chest and his arm across his throat He also used considerable force to break Patient A’s intravenous tubing

A hearing into the incident by the independent Conduct and Competence Committee panel for the NMC heard the assault left a laceration to Patient A’s right cheek, a red mark to the right hand side of his forehead and a bruised and inflamed right forearm.

At the hearing, the panel also heard that Haywood was verbally abusive to colleagues, swearing about patients on several occasions as well as making inappropriate sexual comments about women.

Commenting on the panel’s decision to issue a striking off order, NMC spokesperson Sarah Connolly said:

“The panel found that Haywood’s misconduct constitutes a serious departure from the relevant standards set out in the NMC Code of Professional Conduct. He showed a flagrant disregard for the safety, well-being and dignity of vulnerable patients. He has undermined confidence in the profession and is a continuing danger to patients and clients. They consider that confidence in the profession would be undermined if the registrant were not struck off.”

The Nursing and Midwifery Council (NMC) is the UK regulator for two professions, nursing and midwifery. The primary purpose of the NMC is protection of the public. It does this through maintaining a register of all nurses, midwives and specialist community public health nurses eligible to practice within the UK and by setting standards for their education, training and conduct. Currently the number of registrants exceeds 674,000. The Nursing and Midwifery Order 2001 (The Order), sets out the NMC’s role and responsibilities.

Nursing and Midwifery Council

Biomoda, Inc. (OTC Bulletin Board: BMOD) (http://www.biomoda.com), a development stage medical diagnostics company, submitted to the FDA a pre-IDE (Investigational Device Exemption) protocol for a clinical study using Biomoda’s proprietary assay for detection of early lung cancer in veterans. The New Mexico state legislature allocated more than $1.6 million over two years towards the study that will screen more than 2000 veterans.

“This is an essential step in study development,” said John Cousins, President of Biomoda. “Approval by the FDA of the study design this year allows us to move forward quickly to prove the efficacy of the assay. Approval by the Agency of the results of this study that we expect early next year will provide us the ability to market our assay commercially.”

Biomoda’s patented technology is designed for early lung cancer screening of large populations at a reasonable cost. The non-invasive test, originally developed at Los Alamos National Laboratory, allows clinicians to identify cancerous or aberrant cells extracted from samples of lung sputum; cancerous cells in the sputum exposed to the assay glow red under fluorescent light and can be detected under a microscope.

Earlier this year, Biomoda and the New Mexico Institute of Mining and Technology announced their partnership with the New Mexico Department of Veterans Services to conduct a two-phase study of the state’s veterans. The initial phase will screen 225 veterans; a second phase will test more than 2000 veterans for lung cancer using Biomoda’s non-invasive patented assay.

Lung cancer claims more lives than any other cancer. The expected five-year survival rate for all patients diagnosed with lung cancer is 15%; the five-year survival rate for cases detected when the disease is still localized is 50 percent. Presently, only 16% of lung cancer cases are diagnosed at this early stage.

Forward Looking Statement

All statements in this press release that are not historical are forward-looking statements. Such statements are subject to risks and uncertainties that could cause actual results to differ materially from those projected, including, but not limited to, uncertainties relating to technologies, product development, manufacturing, market acceptance, cost and pricing of BIOMODA’s products, dependence on collaborations and partners, regulatory approvals, competition, intellectual property of others, and patent protection and litigation. BIOMODA, Inc. expressly disclaims any obligation or undertaking to release publicly any updates or revisions to any forward-looking statements contained herein to reflect any change in BIOMODA’s expectations with regard thereto or any change in events, conditions, or circumstances on which any such statements are based.

Biomoda, Inc
http://www.biomoda.com

South Korea’s Constitutional Court on Thursday overturned a 1987 ban that prohibited physicians from revealing the sex of infants to parents before birth, the AP/Google.com reports (Chang, AP/Google.com, 7/31). The court ruled that parents have the right to know the sex of their infants before birth. The court also said that the ban was “out of step with social changes” and that it violated the rights of medical workers (AFP/Google.com, 7/31).

The ban originally was implemented to prevent sex-selective abortions in the country and to reverse the gender imbalance that favored boys. Although abortion is illegal in the country, it has been widely practiced, the AP/Google.com reports. The case that led the court to overturn the ban was filed in 2004 by a lawyer after doctors refused to tell him the sex of his partner’s fetus. The next year, a doctor filed a similar suit after he was suspended for six months for informing parents of the sex of their fetus. “The legislation’s purpose is recognized in that it helps resolve the sex-ratio imbalance and protects the fetuses’ right to life,” the court said in its ruling. However, the court added that the ban “overly limits the basic rights of parents and physicians to put a blanket ban through the latter half of pregnancy.” The court added that the preference for sons has lessened in the country to a point where the ratio has decreased to 106 boys born for every 100 girls. “Considering this, we cannot but question whether the sex-ratio imbalance is a serious social problem and whether the fetus gender notification is serving as a cause for abortion,” the court said. The court ordered that the law be revised to reflect the ruling by the end of next year, the AP/Google.com reports (AP/Google.com 7/31).

Koo Young-Moo, professor of medical ethics at the University of Ulsan, said he is “concerned that the court’s decision could bring sex-select[ive] abortions back into fashion.” He added that the country has reduced the trend of aborting female fetuses, in part through an awareness campaign called “Love Your Daughter.” However, he said that the reduction also is partly because of other wider social changes. “Many married couples choose to have only one baby, regardless of the baby’s sex, or none at all,” he said (AFP/Google.com, 7/31).

Reprinted with kind permission from http://www.nationalpartnership.org. You can view the entire Daily Women’s Health Policy Report, search the archives, or sign up for email delivery here. The Daily Women’s Health Policy Report is published by the National Partnership for Women and families.

© 2007 National Partnership for Women & Families. All rights reserved.

A 56 year old registered nurse from Wembley, Middlesex has been a 5 year caution by the NMC’s Independent Conduct and Competence Committee for unprofessional behaviour towards a patient.

Emmanuel Frias was working on the out patient clinic of St Marys Hospital, Maidstone in June 2007 when he obtained patient A’s contact details using the Patient Administration System.

The independent panel heard that Frias then telephoned patient A on his mobile phone and during their telephone conversation, asked if he could see him again.

The panel found that Frias’ actions were motivated by his sexual interest in patient A and without any clinical justification.

Commenting on the panel’s decision to issue a five year caution order, NMC spokesperson Sarah Connolly said:

“As a registered nurse, Frias should have acted in a way that justified the trust and confidence of the public and he failed to do so in acting as he did. Further, he failed to uphold and enhance the good reputation of the profession by his acts. He further failed to maintain professional boundaries and also breached confidentiality when using confidential information inappropriately obtained to his own needs. By imposing a caution order of 5 years the panel feels this reflects the serious nature of the misconduct.”

The Nursing and Midwifery Council (NMC) is the UK regulator for two professions, nursing and midwifery. The primary purpose of the NMC is protection of the public. It does this through maintaining a register of all nurses, midwives and specialist community public health nurses eligible to practice within the UK and by setting standards for their education, training and conduct. Currently the number of registrants exceeds 674,000. The Nursing and Midwifery Order 2001 (The Order), sets out the NMC’s role and responsibilities.

Nursing and Midwifery Council

A 42-year-old nurse from Eardisland, Gloucestershire, has received a caution for three years by the Nursing and Midwifery Council at a hearing held in London on Wednesday, 30 July 2008.

Karyn Probert, while employed at the Station Drive Surgery, Ludlow, in 2007 failed to maintain appropriate records which lead to a patient being given the contraceptive drug Depo-Provera while the woman was pregnant.

When Ms Probert was informed some time later that the patient was pregnant, she falsified the previous entry by adding the words “last menstrual period - first day 11.5.2007″ and two weeks later made a further entry - “remembered conversation with patient”.

On considering the sanction of a Caution Order, the independent panel of the Conduct and Competence Committee took into account that her actions did not result in direct or indirect harm to the patient and that the subsequent outcome for the patient was not as a result of her actions. However, the panel deemed the inaccuracy of recording and the incidents of falsifying records were not of the standard required of a registered nurse and in totality amounted to misconduct.

Commenting on the panel’s decision to issue Ms Probert with a three-year caution, NMC spokesperson Lesley Conway said:

“Nurses are required to adhere to their Code of conduct which says that they should act in a way to uphold the reputation of the profession. The panel considered her behaviour to be unprofessional and dishonest and outside of the NMC’s guidelines on record keeping which say that “records should be written in such a manner that any alterations or submissions are dated, timed and signed in such a way that the original entry can still be read clearly”.

In coming to their decision the panel considered the fact that Ms Probert had a good nursing record, there had been no repeat of the same type of incident and the strength of testimonials to the registrant’s dedication to nursing and contribution to academic teaching and nurse training.

Accurate record keeping is a fundamental part of a nurse’s practice and last year nearly 10% of the cases that went to a full hearing were to do with poor record keeping.

The Nursing & Midwifery Council (NMC) is the UK regulator for two professions, nursing and midwifery. To be eligible to work as a nurse or midwife in the UK, they must be registered with the NMC. There are currently more than 674,000 nurses and midwives on the register. The primary purpose of the NMC is to safeguard the health and wellbeing of the public. It does this through maintaining a register of all nurses and midwives to practise within the UK and by setting standards for their education, training and conduct.

Nursing & Midwifery Council

Two veterans groups on Monday filed a notice with the Ninth U.S. Circuit Court of Appeals in San Francisco to overturn the decision of a lower court judge that dismissed a class action suit seeking to force changes to the Department of Veterans Affairs’ health care system, the Washington Times reports (Hudson, Washington Times, 7/29). U.S. District Judge Samuel Conti in June dismissed the lawsuit, filed by the Veterans for Common Sense and the Veterans United for Truth. Lawyers for the two veterans groups said that staff shortages, long waits, inadequate care and an adversarial appeals process for denied care have created an “epidemic of suicides” among veterans. The lawsuit also said that VA was ignoring or delaying treatment of post-traumatic stress disorder for as many as 750,000 veterans. The lawsuit did not seek damages but instead sought for the court to force VA to improve care for veterans, especially those with PTSD and other mental health issues.

In his ruling, Conti agreed with the veterans groups’ claims that there was a high veteran suicide and PTSD rate; that the VA was understaffed; and that there were long waiting periods for hearing veterans’ appeals of benefit denials. In addition, Conti found that members of the two groups “have faced significant delays in receiving disability benefits and medical care from the VA,” often with “dire consequences.” However, he noted that a majority of veterans have been seen within 30 days. He added that although the delays were “significant,” they did not violate a veteran’s right to due process because there was no consensus on how “timely” processing would be defined (Kaiser Daily Health Policy Report, 6/26).

A statement from the veterans groups said that a “flood of veterans with mental health problems will continue to increase” as soldiers continue to be sent to Iraq and Afghanistan for multiple tours of duty (Washington Times, 7/29).

Reprinted with kind permission from http://www.kaisernetwork.org. You can view the entire Kaiser Daily Health Policy Report, search the archives, or sign up for email delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Daily Health Policy Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation.

© 2008 Advisory Board Company and Kaiser Family Foundation. All rights reserved.

Sedgwick County, Kan., District Judge Clark Owens on Monday ruled that a state law requiring an independent, consulting physician to approve some abortions after 21 weeks’ gestation does not violate the U.S. Constitution or the Kansas Constitution, the AP/Wichita Eagle reports. Subsequently, Owens also denied a motion to dismiss a criminal case against abortion provider George Tiller.

Tiller is being charged by state Attorney General Stephen Six (D) with 19 misdemeanors for allegedly violating the state law. The law requires two physicians, without financial or legal ties, to agree that if a pregnancy continues, the pregnant woman will die or face “substantial and irreversible” harm to a “major bodily function.” Prosecutors have accused Tiller of having an illegal financial arrangement with physician Ann Kristin Neuhaus, who provided second opinions on abortions he conducted in 2003.

Tiller’s attorneys argued that the law creates an unconstitutional burden on a physician’s right to practice medicine and a woman’s right to obtain an abortion. They also argued that the law is unconstitutionally vague. Tiller’s attorneys also argued that it violates the right to travel because of the requirement a woman be seen by two separate physicians in Kansas. In a 35-page decision, Owens upheld the statute against each of the challenges. “Abortion jurisprudence in this country has been going through an evolutionary process since Roe v. Wade in 1973,” Owens wrote, adding that the Kansas law survives challenges when weighed against previous interpretations (Hegeman, AP/Kansas City Star, 7/28).

Owens on Tuesday denied a defense motion regarding the number of jurors who will hear the case, the AP/Wichita Eagle reports. State law limits juries in misdemeanor trials to six members, but Tiller’s attorneys had requested 12. Owens said that although Kansas does not have a case that has directly addressed the issue of six-person juries, a ruling by the U.S. Supreme Court in a Florida case was a factor in his decision. “There is no need to interpret the Kansas Constitution any differently than what the Supreme Court interpreted the U.S. Constitution,” Owens said (Hegeman, AP/Wichita Eagle, 7/29). Ashley Anstaett, a spokesperson for Six’s office, on Monday said that prosecutors will move forward with the criminal case (AP/Kansas City Star, 7/28). Owens set the trial date for the case for March 16, 2009 (AP/Wichita Eagle, 7/29).

Reaction

Dan Monnat, one of Tiller’s lawyers, said, “We certainly respect the decision of the judge, but we hasten to point out that the decision on this one legal point does nothing to affect Dr. Tiller’s innocence of the very technical charge still set for jury trial.” He added, “Of course, Dr. Tiller is disappointed that the court did not take this opportunity to end his political prosecution and clear the huge roadblock that lies in the path of women who choose to exercise their right to get a lawful abortion in Kansas.”

Mary Kay Culp, executive director of Kansans for Life, said the ruling is good news because Neuhaus was not independent of Tiller. “I think the court has made a correct decision,” Culp said, adding, “There was no doubt in our minds that the law was constitutional, but you have to depend on judges to interpret these things.” Culp noted that Owens’ decision shows that the 1998 law is valid, with “fail-safes” in place to prevent unwarranted late-term abortions, if officials will enforce them. Troy Newman, president of the antiabortion group Operation Rescue, said that the ruling “vindicates our efforts to bring Tiller to justice.” He added, “All along, we knew that it wasn’t the law that was faulty, but it was Tiller’s interpretation of the law that was faulty. This gives us a glimmer of hope that we could eventually see some shred of justice.”

According to Monnat, abortion-rights opponents have been trying to intimidate and threaten doctors in Wichita who provide the required second opinion. “Tiller, however, will not be deterred by these people but rather will continue to work within the law as he has done for 30 years to help women get the health care they need and deserve,” Monnat said, adding, “Tiller looks forward to having his day in court” (AP/Kansas City Star, 7/28).

Reprinted with kind permission from http://www.nationalpartnership.org. You can view the entire Daily Women’s Health Policy Report, search the archives, or sign up for email delivery here. The Daily Women’s Health Policy Report is a free service of the National Partnership for Women & Families, published by The Advisory Board Company.

© 2008 The Advisory Board Company. All rights reserved.

Mr Arshad Mahmood (48) of 42 Sevenoaks Road, Brockley, London SE4 1RE was fined ￡4,000 and ordered to pay over ￡4,500 in costs at Tower Bridge Magistrates Court on 23 July 2008 for the illegal sale and supply of unlicensed medicines and banned cosmetics. His company, of which he was director, called Sabina Hair & Cosmetics (Peckham) Ltd was also fined ￡4,000 and over ￡4,500 in costs. This follows a joint investigation by the Medicines and Healthcare products Regulatory Agency (MHRA) and Southwark Trading Standards.

The MHRA became involved after being contacted by Southwark Trading Standards to assist in a joint inspection at the shop. Southwark Trading Standards had previously conducted two test purchases of tubes of Movate Cream back in May 2007. This cream contained the cortico-steroid Clobetasol Propionate. The inspection of the shop revealed a significant amount of unlicensed steroid creams and banned cosmetics masked as skin lightening creams which were seized and removed. Analysis of the products revealed that they contained cortico-steroids and hydroquinone (a banned cosmetic).

Mick Deats, Enforcement Group Manager at the MHRA said, “Mr Mahmood has put the public at risk by selling potent medicines that are not licensed and therefore have no guarantee of safety. There are dangers associated with the long-term use of steroid creams, such as thinning the skin. This case serves as a reminder that we will continue to clamp down on those who put public health at risk.”

Notes

1.Sabina Hair & Cosmetics (Peckham) Ltd is situated at 68-70 Rye Lane, Peckham, London, SE15 4NB

2.Mr Mahmood was fined ￡2,000 for four offences under the Medicines Act and ￡2,000 for four offences under the Consumer Protection Act. The same applied to his company.

3.If an individual is convicted of offences under the Medicines Act 1968, they can be sentenced to a maximum of two years imprisonment and/or an unlimited fine. Where appropriate the MHRA will use the Proceeds of Crime Act 2002 to determine whether or not benefits were accrued through criminal activity and will recoup illicit earnings if the individual is found guilty.

4.The MHRA is the government agency responsible for ensuring that medicines and medical devices work, and are acceptably safe. No product is risk-free. Underpinning all our work lie robust and fact-based judgements to ensure that the benefits to patients and the public justify the risks. We keep watch over medicines and devices, and take any necessary action to protect the public promptly if there is a problem. We encourage everyone -the public and healthcare professionals as well as the industry - to tell us about any problems with a medicine or medical device, so that we can investigate and take any necessary action.

Medicines and Healthcare products Regulatory Agency