If other courts follow the 9th Circuit's lead, disabled plaintiffs may find collecting damages easier as they would be spared the burden of proof of intent, an often difficult standard in discriminatory law. Disability discrimination attorney Felix Orraca explained to DOTmed that "The ruling is an instructive influence on other state courts and legislatures, in that state laws need to be in compliance with federal laws, in this case the ADA, and it's a progressive step in favor of affording legal protection to our disabled citizens."

State: Connecticut Passes Law Restricting Use of Ultrasound


In June's Law and Order, we mentioned the New York bill under consideration prohibiting use of ultrasound for entertainment purposes. Now, Connecticut Governor M. Jodi Rell has signed similar legislation into law. The law simply states that "No person shall perform an obstetrical ultrasound procedure unless such procedure is (1) ordered by a licensed health care provider, acting within the scope of such provider's authority, and (2) for a medical or diagnostic purpose."

A state Congressional Public Health Committee report earlier this year supporting the legislation noted the concerns of groups such as the American Institute of Ultrasound in Medicine and others in the professional medical community about the proliferation of "storefront entertainment ultrasound facilities." A physician in the report stated these storefront operations were at the "fringe" of medical practice, and that individuals performing the scans may not be trained professional sonographers.

Other medical professionals had further concerns, including the FDA's view that the promotion, sale or lease of ultrasound equipment for making 'keepsake' fetal videos is an unapproved use of medical device; and those who subject individuals to ultrasound exposure, a prescription device, without a physician's order may be in violation of State or local laws. In addition, nonmedical ultrasound may falsely reassure women of good fetal health and development, and biological effects of ultrasound overexposure may possibly be identified in the future.

National: Rep. Speier Introduces MRSA Bill to Screen for Infections

California Congresswoman Jackie Speier (D-CA) has introduced HR 2937, the MRSA Infection Prevention and Patient Protection Act. The Act provides for the Secretary of Health and Human Services to create regulations for best practices for preventing MRSA infections and other such antibiotic resistant pathogens. The act will also provide screening, recordkeeping and other requirements, as they relate to reductions in MRSA infections.

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