vanderfk

The ICF/MR regulations regard a profesional nurse as either an LPN or RN and state that an RN must be available for consult. That can be by telephone. In Florida, the Nurst Practice Act speaks to the level of supervision for nurses. LPN's must work under a R.N. or a licensed medical practiotioner, M.D., D.O., DDS.

Yesterday, in Southwest Florida, approximately 140 miles south of Terri's residence, a man was arrested for starving his cattle and is being held on $100,000.00 bond. How ironic. I certainly would hope that the nurses and the CNA who signed affidavits DID report the neglect. Florida has a mandatory reporter statute. In the affidavits it's mentioned that nursing notes were removed from the chart and destroyed. If true, that is a criminal offense. How could that have gone on for so long without being reported? Any facility recieving State & Federal monies (Medicare/Medicaid) is surveyed at least annually. The Agency for Health Care Administration in Florida regularly receives complaints regarding abuse and neglect and is obligated to investigate each and every allegation. If the information in the affidavits is true, every person from the facility adminisrator down to nursing staff should be investigated for sanctioning the neglect and lack of services. If the facility is certified by Medicare they have the burden of proving that they provided all necessary services and treatments for Terri to maintain her highest practicable status. Where have the regulatory agencies been? I've seen investigations started without a fomal complaint because some one in Tallahasse read a newspaper article about a facility. Surely they've looked into this. I'm not writing this to defend the husband. I believe in written advanced directives and I for one would not be part of pulling a tube based on heresay, which is what Terri's "Advance Directives" are based upon. Heresay evidence is not supposed to be allowed in court cases as far as I know.

There's a website that has the husband's interview with Larry King. Here's the husband's response to a caller: "CALLER: Does it bother you that the death is so slow? SCHIAVO: Removing somebody's feeding tube is very painless. It is a very easy way to die. Probably the second best way to die, the first being an aneurysm." Blowing an Aneurysm is not what I consider an easy way to go. This is Florida's Statute for when a guardian is involved. I think the operative word here is "valid" Advance directive. I just find it hard to believe that if Terri felt that strongly about "not wanting to live like that" she would have mentioned it to someone other than a man she was married to for such a short while. F.S. 744.3115 Advance directives for health care.--In each proceeding in which a guardian is appointed under this chapter, the court shall determine whether the ward, prior to incapacity, has executed any valid Advance directive pursuant to chapter 765. If any such Advance directive exists, the court shall specify in its order and letters of guardianship what authority, if any, the guardian shall exercise over the surrogate. Pursuant to the grounds listed in s. 765.105, the court, upon its own motion, may, with notice to the surrogate and any other appropriate parties, modify or revoke the authority of the surrogate to make health care decisions for the ward. I heard Kate Adamson speak today. She's mentioned in the article with the husband's interview: http://www.discovery.org/scripts/viewDB/index.php?command=view&program=Bioethics&id=1641 She's had personal experience with having a tube pulled. Her story is remarkable. I was in a SNF yesterday interviewing a resident. She was 86 years old. I looked above her bed and saw an old newspaper article taped up. Years ago she was in a coma for over two years and made the front page when she woke up. You just never know....