Addicted Healers by Ethan O. Bryson

Author:Ethan O. Bryson [Bryson, Ethan O.]
Language: eng
Format: epub
ISBN: 9780882824123
Publisher: New Horizon Press

CHAPTER 9

Legal Issues and Addicted Healthcare Professionals

The drugs that healthcare professionals most often become addicted to have legitimate medical uses, which presents a special problem when it comes to regulation of these medications. Historically, limiting the healthcare community’s ability to use medications with significant abuse potential by criminalizing their misuse or holding physicians and other healthcare providers accountable for the actions of their patients has had a chilling effect. Healthcare professionals, fearing retribution from law enforcement, have decreased use of some medications, leading to the inadequate treatment of pain and needless human suffering.

As a result of this unintended consequence, in recent years legislation has swung in the opposite direction and some physicians have been successfully sued for under-treatment of pain. I personally believe that a balance needs to be maintained between the reasonable prohibition against inappropriate use of these substances and laws which effectively prevent their use entirely. It is not acceptable to punish legitimate use of these medications or limit access to them through draconian legislation drafted in response to public demand that “something has to be done.”

Addiction in the healthcare setting presents a special problem, however, as these people are responsible for the health and well-being of all members of society. Patients trust that every healthcare professional will do his or her best to ensure that no harm will come to them, even during the most minor procedures, but when healthcare professionals are addicts, either under the influence of drugs or in withdrawal from them, this cannot happen.

Current legal policy reflects the necessity to balance the needs of society with the rights of the addicted practitioner. As the addiction epidemic continues to unfold and touches the lives of more and more people, the public demand for political leaders to take action will undoubtedly approach crisis level. It is essential that lawmakers not enact inappropriate, reactionary legislation that does not take into consideration the unintended consequences of unnecessarily punitive laws.

The response of the legal community regarding the issue of impaired healthcare professionals has become a vigorous and growing one, with legal battles raging in the courtroom and on Capitol Hill. The policy issues being debated today will become the laws which will shape the healthcare community’s response to this growing problem in years to come. As we consider how we are going to address this epidemic, it is essential to remember that addiction is a disease and needs to be treated as such. While the primary policy goal should be to protect the public, we cannot forget that these healthcare professionals are also members of our society and deserve just as much protection and treatment. Addicted healthcare professionals should be removed from positions where they could potentially harm themselves or someone else, undergo effective treatment and rehabilitation and, when appropriate, return to clinical practice.

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