“More an Inmate Than a Patient…”: check out this consideration of autonomy and long-term care settings
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Bioethicists have long been alert to the delicate dance of preserving patient autonomy in long-term residential care settings such as nursing homes, rehabilitation facilities, and other institutional settings where patients may reside for extended periods of time in the U.S. Indeed, this is a key issue for disability activists who argue that keeping persons with disabilities in their homes–with social support for modifying those homes–rather than in institutions for as long as possible is the best way to maintain personal autonomy.

Just a few days ago, WBUR produced a long-form consideration of this issue, “More an inmate than a patient…” by Tufts University anthropologist Rosalind Shaw. In the time-honored tradition of Oliver Sacks and other academics or physicians who turn their professional lens on their own medical experiences, Shaw examines her experience in several Boston-area rehab facilities recovering from a pelvic fracture.

In the pull-quote that gives rise to the title, Shaw says,

I felt more like an inmate than a patient in environments that were more authoritarian, less medically competent and more depersonalizing than anything I’d experienced before.

After years of acting as a concerned patient who took responsibility for her side of the patient-provider relationship by asking questions and engaging in shared-decision-making, Shaw describes checking in to the rehab facility:
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It was a shock, after Dana-Farber, to arrive at West of Boston. I annoyed the unsmiling male nurse assigned to me by asking him to clarify the consent forms, and then by requesting a female nurse. I was wearing a catheter, I explained. He immediately lifted my gown and grabbed my catheter.

I spent the next four days trying to get out of West of Boston. On the third day, I spent a painful night after being told that my pain medication had run out. On the fifth day, as I left, my nurse didn’t want to hand over my remaining medications. I discovered that several pain pills were missing.

I was transferred to a better facility, which I’ll call North of the River. Nobody there violated my bodily privacy or left me in pain after stealing my pain meds. But in both facilities there were other, less flagrant and often unintended institutional ways of stripping people of their personhood.

One would be right to wonder how much our society’s attitudes towards disability, aging, and gender play a role. The subject headings Shaw uses tell us a great deal: “An Awkward–and Unwashed–Object” in which Shaw describes staff not even addressing her by name and other accumulated indignities, “Perhaps if I do what the nurse wants, she’ll be kinder…” in which Shaw discusses the way that anything other than immediate compliance results in hostility, and “If there’s a next time…” in which Shaw considers what can be done differently. Given the way we age, there likely will be a next time. Please click through to read the piece in full if this is an issue of interest for you.

 

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Transgender residents of Wisconsin sue the State for Medicaid coverage of gender confirmation treatments
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As you may know, Medicaid is the US government health care safety net program for low-income Americans. While both the federal government and each state government contribute funds, the states make the decisions on allocation of those funds. Some states may cover procedures that other states don’t. And since transgender Americans are more likely to be low-income than their cisgender counterparts–nearly four times as likely to have household income under $10,000/year compared to the general population; 27% of trans persons surveyed make less than $20,000/year–many rely on Medicaid for their healthcare.   This is especially true for trans persons of color.

Over in Wisconsin, two Wisconsin residents who are transgender are suing the state for the right to have Medicaid cover their gender confirmation treatments (AKA transition). One of the transgender patients also has cerebral palsy, while the other has had to take out loans to cover some procedures but cannot get a large enough loan to cover the remaining procedure. Both already have hormone treatments covered by Medicaid.

There are two pictures in a mosaic. On the left is a man with short hair and glasses, smiling a small smile in the sunlight, wearing a blue t-shirt and grey hoodie and sitting in a power chair with a headrest visible behind him. On the right is a woman with long reddish blonde hair, glasses, and a black hooded shirt with pink drawstrings. She looks seriously away from the camea.

Cody Flack, left, and Sara Ann Mackenzie, right, are suing the state of Wisconsin for Medicaid coverage of gender confirmation treatment.

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Wisconsin is amongst the ten (along with Alaska, Wyoming, Nebraska, Iowa, Missouri, Tennessee, Georgia, Ohio, and Maine) of the US’s fifty states whose Medicaid programs do not cover such procedures. Eighteen states cover the procedures explicitly, and another 22 have no clear policy. While the Obama administration had interpreted Section 1557 of the Affordable Care Act prohibiting discrimination on the basis of sex and gender to include transgender persons, the Trump administration has explicitly rejected this interpretation and is rolling back these protections as seen in Health and Human Services’ current explanation of 1557.

You can read more about the Wisconsin case at the Milwaukee Journal-Sentinel, The Blaze, and Into.

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Should Institutional Review Boards charge a fee to review research proposals? WUSTL gives us a test case
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In the US, researchers at academic institutions who do work with human research participants must obtain the approval of an Institutional Review Board (IRB) that looks to assure that research protocols do not violate ethical requirements for such research. Washington University of St. Louis’s Institutional Review Board will now charge fees to review proposals for research. According to one Wash U researcher, they were notified of the policy in a letter dated May 1, 2018.

This image shows a maze with white-coated persons wandering through it. At the entrance, the wall says "Path to IRB Approval. Start Here" Arrows can be seen on walls inside the maze, labeled "Ethics", "Compliance", and "Liability."

IMAGE SOURCE: Nature (the journal)

IRB members–from within the institution and the community–typically are not paid for their work and perform their duties as a service. Without IRB approval, researchers are essentially unable to work with participants. For one thing, funding agencies usually require IRB approval. For another, peer-reviewed scholarly journals typically will not publish research with human participants that has not been done under the oversight of an IRB. And aside from practical issues, IRBs serve a very important ethical function in checking the assumptions and authority of researchers, ideally to protect research participants from exploitation*. WUSTL’s fees range as high as $2,500 for private non-profit groups and for-profit groups. For other entities, fees may be as low as $0 for departments within the university but as high as some unknown number depending on criteria which are not entirely clear at this time; the fee schedule says only to contact the IRB for the departmental fee schedule at the time of grant/research proposal.

Other academic IRBs also charge for their services to various users, some just for industry-sponsored research but others for a wide range of users. Here are some links to IRB fee policies at Northwestern University, University of California-Irvine, University of Illinois – Chicago, and Georgetown University.

Should IRBs charge for their services? What does the money cover? Free labor under the guise of service requirements is a real problem in universities, especially for very demanding service like IRBs. Will IRB members now be paid? And if so, does this introduce a conflict of interest of any kind?

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In a tweet this morning, bioscience researcher Dr. Danielle Lee asks, how will this affect pilot, tentative, or exploratory research? And she raises concerns about how this will effect new or emerging scholars as well as cash-poor students, labs, and principal investigators. Lee contends that “charging for IRB dramatically contracts WHO does human-population research, types of studies, etc.”

In a Twitter thread this morning on WUSTL’s new system, a  PhD candidate at WUSTL asks some other serious questions and suggests a better fee scheme. Click through to check out the whole thought-provoking thread.

IRBs watch over the ethics of researchers. Who watches the watcher? Let’s have a discussion. Is this a good idea? If implemented well, could it be? What would that look like? Or is there no way to implement this well enough?

*For more on the history of IRBs, check out Brandeis University’s handy short guide.

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Persons as Producers: Why bioethics should be concerned with work culture and the structure of labor
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Today, May 1, is known in the labor rights movement as May Day or International Workers’ Day. It celebrates the dignity of laboring humans and the right to be seen as and live as fully human. I want to use this day to revisit the implications of the US culture and structure of work for health and caregiving. In particular, I raise concerns about how the valuation of persons as producers is inextricable from problems of access to health care.

May 1 provides an important opportunity for such reflection. In the United States, the concept of the 40 hour work week, and the 8-hour-workday-with-an-hour-for-lunch, exists because of the movements celebrated today.  Without these movements, the notion of a “9 to 5” job 5 days a week would not exist (and we’d be short one fantastic satirical Dolly Parton song and related film).  In France, the 35-hour working week—above which overtime must be paid–was adopted in 2000 and is also a legacy of labor rights activism. Many other nations celebrate worker safety protections, compensation laws, and more on this day. And many nations see protests, marches, and rallies on this day to continually advance the rights of laboring humans.

But the power of International Workers’ Day is defused in the United States. As Chris Morris at Fortune noted today, “for most people in the U.S., it’s just another Tuesday.” This is particularly odd as the origins of this day tie back to the United States and the 1886 campaign for an 8-hour work day.

A woodcut is shown with 3 panels. The first shows a person in a floor-length garment working st a standing bench and says "8 hour for work." The second shows a person's feet sticking out from under a blanket as they lie in a bed with a night sky outside the window, and reads "8 hours for rest." The third shows two people in a boat on a river or lake, one reading a newspaper while the other rows, and reads "8 hours for what we will."

But the 40 hour work week and 8-hour-workday-with-an-hour-for-lunch no longer reflect the worklife of most workers in the US today for whom long hours at salaried jobs and precarious hourly jobs are the norm, without reliable access to sick leave or health insurance. And as always in the US, race, gender, and educational access affect our work chances enormously.

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Individualization, Access, and Bias: ACOG issues new consensus call for improvements to maternal health care, but there are serious pitfalls to watch out for
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I am struck by what health care disparities and the lived experiences of postpartum patients mean for implementation of the American College of Obstetrics and Gynecology’s new guidelines on postpartum care. These guidelines valuably refocus the medical establishment’s focus on the health needs of persons who have been pregnant, not just on the health needs of babies. The merits of this document are many, including but not limited to (A) systematic guidelines to regularize contact with postpartum patients after labor & delivery, (B) attention to connecting postpartum patients with health care providers who can provide continuity of care for other health conditions, and (C) attention to postpartum patients who have experienced miscarriage, stillbirth, or neonatal death.

However, I have three serious concerns with how this document will be implemented as well as with the document itself. First, I am concerned about the individualization of responsibility.  Second, I am concerned about whether the guidelines will benefit all birthing persons, especially black women. And third, the fact that lack of benefit to all birthing persons could involve bias in the way that providers respond to postpartum black women.  These concerns are not adequately addressed by the ACOG guidelines and I fervently hope that obstetricians, nurse midwives, midwives, and obstetrical nurses reading this will take these concerns seriously and share them with colleagues.

Before we get to these points, let’s clear about the facts on the ground in the U.S. Pregnancy health care in the U.S. is quite poor. In fact, we rank last in the developed world for maternal mortality and things are only getting worse.

This image shows the maternal mortality curves for most other developed nations dropping , or at least staying low, since 1990. US rates stay steady and then begin to increase markedly beginning in 2000 at which point all other developed nations have mortality rates begin to steadily decrease to the present day. We now exceed the next closest maternal mortality rate by over 2.5 times.

IMAGE CREDIT: Rob Weychert/ProPublica. DATA SOURCE: The Lancet

 

According to journalist Nina Martin, for the 700 women who die each year in the US of complications from pregnancy and childbirth, an estimated 50,000 more suffer life-threatening and often debilitating complications. In a 2017 investigative report, Pro Publica and National Public Radio (NPR) found that 60% of these maternal deaths in the US are potentially avoidable. The problem, in their view? Pregnancy care focuses on fetuses and, post-partum, on babies rather than on pregnant and post-partum women. You can see, perhaps, why the ACOG opinion statement is so welcome.

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King’s Words on Health Injustice: what did he actually say?
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Editor’s Note: This blog is a short version of the issue that author and feminist bioethicist Charlene Galarneau wrestles with in her article “Getting King’s Words Right” in the most recent issue of the Journal of Health Care for the Poor and Underserserved. For a more accurate image meme to circulate, scroll to the bottom for one that IJFAB Blog has made for just this purpose.

This image shows the most widely circulated version of the King quote. But is it accurate?

You may have read these commonly cited words of the Rev. Dr. Martin Luther King Jr.:

Of all the forms of inequality, injustice in health care is the most shocking and the most inhumane.

Or you may have read a slightly different quote that says, “injustice in health” rather than “in health care.”

The distinction between health and health care is crucial, and especially so as it relates to injustice. And so, I wondered, which did King actually say?

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The public health response that drug addiction should always have gotten is coming into play for opioids in a way it never did for crack
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Whenever there is a disparate social response to a problem that afflicts one group of people relative to a problem that afflicts another, it is worth asking why. Such questions are not asked to imply that no one should  get help, nor to imply that the current group should not be helped.  Rather, we ask them to urge that in the future all persons get help and to understand the social forces that result in such disparities.

When it comes to treating addiction as a public health problem, the disparities in question are health disparities. PBS NewsHour in the US recently ran a short piece on the disparities in how crack cocaine abuse was treated when it largely affected African-American communities, and how opioid abuse is being treated now that it is heavily affecting white communities. As the introduction to this piece says.

Faced with a rising national wave of opioid addiction and its consequences, families, law enforcement and political leaders around the nation are linking arms to save souls. But 30 years ago, it was a different story. Ekow Yankah, a Cardozo School of Law professor, reflects on how race affects our national response to drug abuse.

Historically, drug abuse in the US has been criminalized. Now, we see a much-needed flourishing of drug courts which specifically are empowered to offer rehabilitation and treatment instead of jail time. As the Kaiser Family Foundation has noted in this handy chart with data from the Centers for Disease Control, most deaths from opioid overdose are now amongst white Americans (in the US, whiteness often is taken to include hispanic/latinx persons, though this chart separates them out).

This chart shows that within the US, deaths due to opioid overdose number 33,450 for white non-hispanic persons, 4,374 for black non-hispanic persons, 3,440 for hispanic persons, with a total of 42,249

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What bearing does this have on why the public health and political responses to drug use in these two communities has been so different?  Check out the PBS NewsHour video for more (transcript is available at the link).

 

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April 15 Deadline is coming up for submissions to FAB Congress/World Congress of Bioethics in India
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Editor’s Note: If you have work in feminist bioethics, broadly construed, please submit to FAB Congress, meeting in conjunction with the World Congress of Bioethics later this year in India. These opportunities to be with the global bioethics community and do our kind of feminist work together only come once every two years.  Vikki Entwistle, one of the organizers, has a few words for you all as the April 15 deadline approaches!


FAB 2018 – looking forward to our World Congress

The International Network on Feminist Approaches to Bioethics (FAB) will hold its 12th World Congress (FAB 2018) at St John’s College, Bangalore, India, from December 3rd to 5th 2018.

This image shows a map of India with St. John’s Medical College in Bangalore, India, highlighted.


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The FAB 2018 theme is ‘Confronting Inequality in Health and Health Care: Global Challenges, Feminist Responses’. We are looking forward to rich discussions on this and other themes in feminist bioethics. Our World Congress has a strong tradition of embracing contributions from a wide range of disciplines, including philosophy, social sciences, critical cultural studies (e.g. gender and sexuality studies, disability studies, race studies, etc.), law, public health, and others. We also welcome early career researchers alongside established scholars and activists.

There are still a few days to go to the abstract closing date (15 April 2018). You can find the call for papers and the simple Abstract and Cover Sheet forms for submission here: http://ijme.in/nbc-20140321/index.php/14th-wcb-india/index/pages/view/call-for-papers

FAB is affiliated with the International Association of Bioethics. The final event of FAB 2018 will be a plenary session run jointly with the 14th World Congress of Bioethics. You can find more information about both meetings at: http://ijme.in/nbc-20140321/index.php/14th-wcb-india/index/pages/view/home-page

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Seek each other out: Nothing About Us Without Us, Autism Awareness Month, and the centering of autistic persons
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April is Autism Awareness Month in the U.S.  All too often, the rhetoric around autism is shaped by the needs and voices of the caregivers and families of people who are autistic. Goodness knows the perspectives of caregivers and families are indeed important. As many feminist bioethicists have noted, including the incomparable Eva Kittay in her book Love’s Labor and her essay “Love’s Labor Revisited“, they are too often overlooked for both caregivers in general. As I myself have argued, we unjustly continue to overlook societal obligations to those who engage in unpaid medical caregiving for persons with illness or disability.

But attending to the needs of caregivers and families must not mean centering their needs over and against the needs of the persons for whom they provide care. All too often, those who are physically or neurologically different from the majority have little or no say in the policies and decisions and rhetoric that governs their lives. It’s not for no reason that the abiding slogan of the disability rights movement, adopted by many minority groups, is “Nothing about us without us.” Indeed, this is the slogan used specifically by the Autistic Self-Advocacy Network.

This image shows heads and arms of different skintones interlocked in a circular formation, interspersed with the words "Nothing about us without us is for us." Below the graphic in tiny font are the words "Based on slogan popularized by South African disability rights and youth activists"

If this issue is of interest to you, consider this essay by an autistic person of what it means to handle Autism Awareness month the way it is usually handled. K. Tilden Frost, over at GeekMom, writes:

In a month that is theoretically about raising awareness of issues that affect me, my kids, and my community, I am invisible. There are very real issues affecting the autistic community: abusive therapies and “cures,” culture-wide sympathy with caregiver murders, and the total lack of acknowledgment that autistic kids eventually become autistic adults and have specific and individual support needs, to give some of the many, many examples.

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Weight-loss surgery for teens: a disturbing trend
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We bloggers and readers been writing and talking amongst ourselves lately about children, weight, fat shaming, and concerns about policing and medicalizing kids’ bodies. Once you start down this path, it’s really hard to stop. And where does this lead? To increased health and fitness, an end to worries about body appearance and function and social acceptability? Not if you read the studies.

The recent news (and blog posts like this, this, and this) about Weight Watchers targeting children with their new teen diet programs has been a hot topic around here. I wrote here about what I don’t like about diets for children even when they’re informed by extensive research. In short, I don’t like weight loss programs that set up kids with possibly unattainable goals that also may not be necessary for them to live healthy and long lives.

But in the realm of kid weight problem concerns, nothing worries me like the increasing push to use both weight-loss drugs and bariatric surgery on children.

Let me repeat this last part: bariatric surgery on children.

What?

No, really, this is a thing now. Here’s Columbia University’s Center for Metabolic and Weight Loss Surgery’s take on age minimums:

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In case you missed it, ACOG’s guidelines on reproductive sterilization were updated last year
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Feminist bioethics is, of course, about more than reproductive ethics. But it is also about reproductive bioethics.  One of the big issues with reproductive bioethics from a feminist perspective is the tension between who is dissuaded from or prevented from accessing sterilization or other forms of contraception, and who is encouraged to use or coerced into accepting sterilization or other forms of contraception.  IJFAB Blog contributor Alison Reiheld has addressed this in the past with respect to some European countries’ policies of mandatory sterilization for transgender people seeking a legal change of gender, and contributor Anna Gotlib has considered coercive sterilization practices in modern US prisons more than once.

In case you missed it, the revisions in April of 2017 to the American College of Obstetrics and Gynecology’s (ACOG) guidance on sterilization procedures for women addressed this tension between preventing some people from getting sterilized and targeting others for sterilization.

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ABSTRACT: Sterilization is the most common method of contraception among married couples, with nearly twice as many couples choosing female partner sterilization over male sterilization. Although sterilization is among the most straightforward surgical procedures an obstetrician–gynecologist performs, it is enormously complex when considered from a historical, sociological, or ethical perspective. Sterilization practices have embodied a problematic tension, in which some women who desired fertility were sterilized without their knowledge or consent, and other women who wanted sterilization to limit their family size lacked access to it. An ethical approach to the provision of sterilization must, therefore, promote access for women who wish to use sterilization as a method of contraception, but at the same time safeguard against coercive or otherwise unjust uses. This Committee Opinion reviews ethical issues related to the sterilization of women and outlines an approach to providing permanent sterilization within a reproductive justice framework that recognizes that all women have a right to pursue and to prevent pregnancy.

For more on this topic elsewhere on the internet, check out the superb documentary No Mas Bebes on the sterilization of latinas without proper informed consent, this 2017 article on the difficulty of accessing sterilization in Canada for young women who do not ever want to become pregnant, and this 2012 article on the same issue in the US. One need only Google “forced sterilization international” to see a raft of articles on the how the issue manifests in Brazil, with the Roma in Europe, and with disabled and HIV+ women around the world.

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Intimacy Without Reciprocity: How Researchers Working With Transgender Humans Can Do Better
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Editor’s Note: This blog comes to us from Sayer Johnson, who blogged for IJFAB Blog in the past on the issue of how clinicians respond to trans patients. Here, Mr. Johnson reaches a frustrated breaking point with the way that researchers wanting to work with trans persons behave in the process of recruiting their research participants. The alert reader will note echoes of important research ethics work on community participant research, especially that done with indigenous communities and with other ethnic minorities and with the disability community (“nothing about us without us” is a good slogan for any researcher to keep in mind). This is just as relevant for working with transgender persons. Yet as Mr. Johnson illustrates, the message isn’t getting through, and the lessons research ethics has already learned are not being implemented well and pervasively.

Mr. Sayer Johnson, social worker, Papi and husband, lifelong activist, and co-founder and Executive Director of the Metro Trans Umbrella Group. He worked with MTUG and the University of Missouri St. Louis to create and sustain an annual conference on the needs of the transgender community and has just released a documentary called TransGeek. He is the founder of the Queer Trans Flat, which provides housing in St. Louis for queer trans humans who have had difficulty finding stable housing. He is working to create power for trans persons in the St. Louis area.

Get ready. This is an early morning rant on being inundated with asks for lab rats AKA research participants. Researchers often start by contacting local advocacy organizations like us (the Metro Trans Umbrella Group, or MTUG, which serves trans humans in the St. Louis Metro Area). Fine. But the way it’s done is a big ethical problem.

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