Killing our children: Guns, mortality and morality

There is really nothing to write about at this time other than the ongoing carnage in our nation as a result of angry young men (always men!) shooting up their schools, most recently (at least at the time of this writing) with the death of 17 students and teachers at Marjory Stoneman Douglas HS in Parkland, FL. It is hard to write through the tears. This should not be going on. Many people have written pieces on the subject -- sad, or angry, or articulate, or all of these. One of the most moving appeared in the New York Times on February 18, 2018, by a man named Gregory Gibson whose son was killed in a school shooting 25 years ago. The online headline, “A message from the club no one wants to join”, is different from, and in this case is much weaker than, the print headline: “Why wasn’t my son the last victim?”

Why indeed? Twenty-five years ago. And since then, countless school shootings, and other mass murders (such as, if we needed reminders, the Las Vegas country music concert, the Pulse nightclub in Orlando and the First Baptist Church of Sutherland Springs, TX) have occurred, and every parent, every family member, wants to know why the most recent prior child to die was not the last, instead of their child. People are terrified; a friend, a rational physician, embarrassedly admits to looking online for Kevlar backpacks for his children. He does international “mission” work and is taking his 14-year old daughter to Africa; when people ask him if he is worried about her safety there, he says “no”, but he is worried about her safety attending school two miles from his home in an affluent suburban community in the US. His day job includes being a leader for the quality program in his hospital, where he searches the actual data for root and contributing causes to problems; he wonders why this country cannot do the same for gun violence. Arizona Star columnist Dave Fitzsimmons expresses similar fears for his children.

This country could, but so far it shows no sign of doing so. Gibson quotes the author Chester Himes commenting on the lynching of 14-year old Emmett Till in 1955 that “The real horror comes when your dead brain must face the fact that we as a nation don’t want it to stop.” Himes was talking about lynching, but it is clear that the same can be said today, more than 60 years later, about school shootings. We don’t want it to stop. Because, if we did, we would do something about it.

Of course, we do, most of us. Various surveys, asking the question in different ways, find different percentages, but always large majorities, of Americans want stricter gun laws, often up to 90%. Even most people who are members of the NRA and/or are registered Republicans want limitations on who can buy guns based on mental illness and other criteria (always “me, and people like me”, but not the people like you) and some kinds of guns or gun modifiers (like “bump stocks”, used by the Las Vegas shooter to turn his AR-15 semi-automatic – and by the way almost all these shootings involve AR-15s) and armor-piercing bullets. No, the “we” who don’t want to stop it, in this case is, beyond a small minority of zealots, the even smaller minority of those who are politicians, in Congress, in the Executive Branch, and in our statehouses.

Why would they do this? Or, rather, not do anything about gun violence? Well, there is a small minority of this small minority who are, themselves, zealots whose interpretation of the Second Amendment is such that our dead children are just collateral damage in pursuit of the higher cause of unrestricted gun ownership. But, for most, opposition to even the most rational restrictions is tied to money, specifically to money from the NRA. A staffer for Jimmy Kimmel, Bess Kalb, looked at how much each of the Senators and Congresspeople tweeting their sadness and condolences took from the NRA, noting that “In the 2015-2016 election cycle alone, GOP candidates took $17,385,437 from the NRA,” (quoting a tweet from Republican National Convention chairwoman Ronna Romney McDaniel), and that “This is NOT counting the $21 million given to President Trump.” Another article documents the individual contributions, led by $4.4 million to Thom Tillis (R-NC, or, excuse me, R-NRA).

These legislators, and sadly even the President, when not crying their hypocritical crocodile tears and then voting with the NRA to kill any sort of gun reform, talk instead about the need to focus on mental health. This, by the way, is a good idea; the mental health system in this country is terrible; insurance companies cover it inadequately, those who are not insured and need public facilities find them cut back yearly, and there is no shortage of news stories focusing on a poor mentally-ill person pushed out of a treatment facility found wandering the street, or worse. Our jails and prisons have become our new mental hospitals, documented, for example, in this comprehensive Atlantic article from 2015, “America’s largest mental hospital is a jail”. However, it is not the diagnosed mentally ill who commit these murders and mass murders. Most such murderers do not have a diagnosis, although they probably suffer from “anger management disorder” (not in the current Diagnostic and Statistical Manual for Mental Disorders (DSM-IV), but “intermittent explosive disorder“ will be in DSM-V). This is important because it is the angry who commit these murders. An article in Slate by Laura L. Hayes from 2014,”How to Stop Violence; Mentally ill people aren’t killers. Angry people are”, contains this persuasive data:

80 to 90 percent of murderers had prior police records, in contrast to 15 percent of American adults overall. In a study of domestic murderers, 46 percent of the perpetrators had had a restraining order against them at some time. Family murders are preceded by prior domestic violence more than 90 percent of the time.

Hayes concludes that “Violent crimes are committed by people who lack the skills to modulate anger, express it constructively, and move beyond it.” Sadly, this also describes many of the most virulent opponents of gun control.

If anything could be even more sad than the fact that the mass killing of our children is tacitly endorsed through inaction by our political leaders, it is that it is only one face of the epidemic that is child mortality in the US. This January, Ashish P. Thrakar and colleagues published “Child Mortality In The US and 19 OECD Comparator Nations: A 50-Year Time-Trend Analysis” in the journal Health Affairs. The picture was bleak. The first sentence of their Abstract summarizes their findings: “The United States has poorer child health outcomes than other wealthy nations despite greater per capita spending on health care for children.” Guns are part of it, and the “social determinants of health”, a sanitized way of saying that in the richest country in the world there are millions of children with inadequate food, housing, warmth, safety, healthcare, and educational opportunities, are ultimately the other causes. We may be the richest country in the world, but we are also the most unequal in the developed world, and the increases in the wealth of the top 0.1% does not “trickle down” to those in need.

Indeed, even the outrageous and disproportionate child mortality rates in this country are not the whole story. As I have noted before (Rising white midlife mortality: what are the real causes and solutions?, November 14, 2015; Tom Petty, the opioid epidemic and changing structural inequities in the US, January 23, 2018) the US is the only wealthy country in which mortality rates are rising, a completely shocking finding since, of course, it didn’t used to be true. And this rising mortality is driven by the white non-Hispanic population (although, it must continue to be said, that the absolute mortality rate of minorities, and especially African-Americans, still exceeds that of whites), and more particularly, poor whites.

In a terrific effort to try to explain to the international community what is happening in the US, Steven Woolf recently wrote an editorial for the BMJ, Failing Health of the United States. He notes the causes of the increases in mortality (more than opioids, more than guns, although these are major contributors), provides data, and proposes solutions. “In theory,” he says,

…policy makers would promote education, boost support for children and families, increase wages and economic opportunity for the working class, invest in distressed communities, and strengthen healthcare and behavioral health systems.

Politicians need to address these issues, and they need to be made to do so. By us, the people they are supposed to work for, not the huge money contributors like the NRA. But we can only do this if we stay angry, and stay organized. We cannot heed calls to “not talk about this now” while families are grieving, because it will, based on history, not be very long before it happens again.

It is our job and we must take it on. 

Guns and the Public's Health: what can we do?

 "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

Recognize those words? The Second Amendment to the Constitution of the United States, what all the fuss is about. In addition to the confusing use of commas, apparently more generously applied in the 18^th century, we have two key phrases. The final phrase, “shall not be infringed”, is read by the NRA and other “gun rights” zealots (and it is important to remember that only a minority of NRA members, and a smaller minority of gun owners, support this position) to mean essentially “no legislation regulating guns in any way”. That includes assault rifles, semi-automatic and maybe even automatic rifles, armor-piercing (“cop killer”) bullets, and any other weapon or gun modification that creative minds can come up with. Of course, it has been noted that none of these types of weapons were available at the time of the Constitution, when firearms were muzzle-loaded muskets, quite different from current weapons (see graphic).

The NRA take the position that there is qualitatively no difference, as noted by its President, Wayne LaPierre, after the December 2012 massacre at Sandy Hook Elementary School: "Absolutes do exist. We are as ‘absolutist’ as the Founding Fathers and framers of the Constitution. And we’re proud of it!" Others (including me, in case you were wondering) would disagree, and say that clearly at some point the quantitative difference becomes qualitative. This is the only amendment they are absolutist about; the First Amendment says “Congress shall make no law… abridging the freedom of speech…”, but it has long been settled that it is not OK to yell “Fire!” in a crowded theater.

The other obviously important phrase is “A well regulated Militia”. Again, obviously, this has been the source of much discussion, with the NRA taking the position that “Militia” just means “everyone” (kind of a stretch), and (as far as I can tell) “well regulated” means, um, not regulated at all. Is this cherry picking the words one wants? Maybe, but I can’t imagine how it is possible to ignore completely the words “well regulated”. But does it matter? Yes, when we live in a country where

The 36,252 deaths from firearms in the United States in 2015 exceeded the number of deaths from motor vehicle traffic crashes that year (36,161). That same year, the US Centers for Disease Control and Prevention reported that 5 people died from terrorism. Since 1968, more individuals in the United States have died from gun violence than in battle during all the wars the country has fought since its inception.

-Bauchner et al., Death by Gun Violence—A Public Health Crisis, JAMA, October 9, 2017[1]

Those are staggering numbers, and certainly justify the assertion that it is a “public health crisis”.

The authors also note that “60.7% of the gun deaths in 2015 in the United States were suicides,” a fact often ignored. That is a majority. A large majority. If it were an election, 60.7% would be considered a landslide. But with guns it is a mudslide of death. I have written before about suicide (e.g, Suicide: What can we say? December 13, 2013, Suicide in doctors and others: remembering and preventing it if we can September 14, 2014, Prevention and the “Trap of Meaning” July 29, 2009) and its impact on myself and my family, with my son’s successful suicide-by-gun at the age of 24. My son, to my knowledge, had never used a gun before his final act. He lived in a state and city with strict gun control laws (some of which, sadly, have been eliminated by the courts). He was nonetheless able to go to another state, buy a carbine (terrific choice! No permit needed, even in those days, like a handgun would require, but short enough to reach the trigger with the barrel in his mouth!), and use it. It would be easier now, in that state and many others.

My son was apparently very committed to this act, and was successful despite some obstacles. But for many, many people it is the availability of guns that make a spur-of-the-moment decision lethal. I have noted before that nearly 95% of suicide attempts by gun are lethal while less than 5% by drug overdose are. My clinical experience is that many suicide survivors do not repeat their attempts (though many do). The successful suicide rate for young adult males in low gun control states is several times higher than in high gun control states. And on and on.

But the epidemic of suicide and murder and mass murders resulting from the easy availability of guns has not changed the legal landscape. After the Las Vegas massacre, there was a small ray of hope that maybe one of the most egregious products the white terrorist Stephen Paddock used, the “bump stocks” that effectively convert semi-automatic to automatic rifles, might be limited; even the NRA voiced some possible support. But never underestimate the cowardice and lack of moral fiber of the Congress; Speaker of the House Paul Ryan has suggested that this be done by regulation rather than legislation. This is absolutely because it will not require any congressperson to actually vote for it and thus be targeted by the zealots in the next election. Hopefully, not literally targeted by guns, but do not forget Gabby Giffords and Steve Scalise!

Dr. Bauchner, who is the editor-in-chief of JAMA, also joined the editors of several of the other most prestigious US medical journals, New England Journal of Medicine, Annals of Internal Medicine, and PLOS Medicine in an editorial that appeared in all their journals (this link is the the NEJM), ‘Firearm-Related Injury and Death — A U.S. Health Care Crisis in Need of Health Care Professionals’.[2] Again, this emphasizes the fact that guns are a public health epidemic in the US, and that there is little likelihood of anything being done at the federal level to stem its carnage. It recognizes that there is a variable response at the state level, with some states going as far as trying to legally prohibit physicians from asking about guns in the home (Florida; since struck down by the courts) while others have had stronger regulations. Many legislatures have also acted to prevent the cities in their states from acting independently to regulate guns in any way. One of the most insane was the state of Arizona suing to prevent the city of Tucson from destroying guns seized from criminals. The legislature mandated that they be sold – thus keeping them on the streets – and the Arizona Supreme Court upheld this, saying state law trumped local ordinances!

Given this situation, the joint editorial suggests that there are many things that physicians can and should do, including (quoted):

·        Educate yourself. Read the background materials and proposals for sensible firearm legislation from health care professional organizations. Make a phone call and write a letter to your local, state, and federal legislators to tell them how you feel about gun control. Now. Don’t wait. And do it again at regular intervals. Attend public meetings with these officials and speak up loudly as a health care professional. Demand answers, commitments, and follow-up. Go to rallies. Join, volunteer for, or donate to organizations fighting for sensible firearm legislation. Ask candidates for public office where they stand and vote for those with stances that mitigate firearm-related injury.

·        Meet with the leaders at your own institutions to discuss how to leverage your organization’s influence with local, state, and federal governments. Don’t let concerns for perceived political consequences get in the way of advocating for the well-being of your patients and the public. Let your community know where your institution stands and what you are doing. Tell the press.

·        Educate yourself about gun safety. Ask your patients if there are guns at home. How are they stored? Are there children or others at risk for harming themselves or others? Direct them to resources to decrease the risk for firearm injury, just as you already do for other health risks. Ask if your patients believe having guns at home makes them safer, despite evidence that they increase the risk for homicide, suicide, and accidents. [this is what the Florida law would have made illegal]

·        Don’t be silent.

The first (JAMA) editorial says:

Guns kill people….the key to reducing firearm deaths in the United States is to understand and reduce exposure to the cause, just like in any epidemic, and in this case that is guns.

The fact is that while physicians have influence and moral authority, so do other health professionals, and, in fact, so do all of us. So the advice must pertain to all of us.

Don’t be silent.

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[1] Bauchner H, Rivara FP, Bonow RO, Death by gun violence—a public health crisis, JAMA online Oct 9, 2017, doi:10.100/jama.2017.16446

[2] Taichman DB, Bauchner H, Drazen JM, Laine C, Peipert L, Firearm-Related Injury and Death — A U.S. Health Care Crisis in Need of Health Care Professionals’, October 9, 2017DOI: 10.1056/NEJMe1713355

Mental Illness and Guns: A public health perspective

I have been somewhat reluctant to write about the issues surrounding the mass shootings that have become epidemic in our country. Since the Newtown elementary school massacre it appears as if everyone else has done so, and I didn’t know what, if anything, I could add that would be of value. I still don’t, but I would like to try to emphasize the public health and medical issues here. Everyone talks about getting beyond rhetoric, but mostly we hear rhetoric and have yet to see results.

In his column in the New York Times on December 28, 2012, “Guns and Mental Illness”, Joe Nocera addresses those two aspects of the controversy, which I agree are the key ones. However, while I generally think his points are valid, I disagree with his characterization that gun control is a “liberal” issue while mental health has been the focus of conservatives. For good, or bad, and too often bad, both issues have been neglected by too many for too long. When it comes to death, dramatically in the case of mass killings such as Newtown or Aurora or Columbine, much more commonly in “simple” individual killings, and most commonly in the case of suicide, they are tied together. Nocera starts with mental health, so I’ll start with guns.

I have written about guns several times before (“Mexican Murders and US Guns”, March 24, 2009,

 “The Arizona shootings: When will we ever learn?“, January 9, 2011, “Why we don’t spend enough on public health”, September 22, 2011, and even discussed a New England Journal of Medicine article (Why we don’t spend enough on public health”)[1]  by Dr. David Hemenway of the Harvard School of Public Health and Director of their Injury Control Research Center and Youth Violence Prevention Center (“Public Health and Changing People's Minds, May 15, 2010). Guns are efficient and effective killing machines. This is, after all, the reason that hunters and warriors like them. They can be made more efficient, by being automatic or semi-automatic, and by having magazines that hold many bullets. These are generally considered positives on the war side (and by gangsters), but are often seen as “un-sporting”, so that most states have laws governing their use in hunting. The statistics on gun violence in the US are staggering, and seen from a public health perspective represent a severe and continuing epidemic. Likely the best book on this topic is “Private Guns, Public Health”[2], by Dr. Hemenway. He presents extensive statistics on injury and death resulting from guns, and emphasizes a addressing this problem through efforts to both increase the safety of guns themselves (as we have for cars) and limiting their availability (as we have for cigarettes). This is a harm-reduction approach.

Much of the data cited by Hemenway is sobering, and some is so downright shocking that one might think it difficult to ignore. There are over 30,000 suicides in the US per year, and a high proportion are from guns, because guns are much more effective, and are less likely to allow a second chance; the “success” rate for suicide by gun exceeds 95% while for intentional overdoses it is less than 5%. One of the populations most at risk for suicide is young men; Hemenway notes that the successful suicide rate in this group is several times higher in “low gun control” states (mostly Southern and Mountain) than in “high gun control” states (mostly Northeast and Hawaii). This is not because of less suicidal intent in, say, Massachusetts than Montana, but the easy availability of guns.[3]

But we know about the effectiveness of guns. You can kill someone with a baseball bat, or a knife, or a lead pipe or wrench or candlestick in the Library, but not as efficiently, reliably, effectively, and potentially randomly as you can with a gun. The recent episode of a knife-wielder in China is one example. Adam Lanza wouldn’t have been able to kill many with a candlestick. Innocent children are rarely victims in drive-by knifings. The NRA used to say “guns don’t kill people, people kill people”. Yes, but they do it much better with guns. Now they say that the solution to “bad guys with guns” is “good guys with guns”. This is so ridiculous (can you imagine a bunch of “good guys” blazing away at whoever they thought might be the shooter in the dark in the Aurora, CO, theater?) that NRA bumper stickers are now being amended by new ones saying “Not MY NRA!” in response.

What about mental health? Nocera does an excellent job of summarizing the problem confronting the chronically mentally ill; with a progressive philosophy of “de-institutionalization” mental hospitals were closed with the promise of comprehensive, community-based mental health services being available in the community. But, of course, funding was not forthcoming for those services, nor does it appear that it will ever be adequate. Nocera is correct in saying conservatives have pointed to mental illness (rather than guns) as the cause of such violence, but in addition to not supporting any gun regulation, these same “conservatives” have led the charge in de-funding and under-funding mental health services. The constituency supporting such services, especially for those who cannot afford private care, is not big or effective enough. Apparently these politicians are in favor of supporting (retroactively) mental health care for those who commit mass murder, but not prospectively for the millions in need. One word that is commonly used for such an approach is “hypocrisy”, but this does not shame politicians.

I have written about the “sensitivity” and “specificity” of tests, particularly with regard to screening.  However, the same concept can be used for assessing risk of any condition, such as mental illness and the probability of committing gun violence on a large scale. If “committing mass murder” (as opposed to individual homicide or suicide) is considered the disease, then assessing for mental illness would be pretty sensitive – that is most mass murderers are mentally ill and there are relatively few “false negatives” – people who are mass murderers but not mentally ill. But it is pathetically not specific, for the overwhelming number of mentally ill persons will never be mass murders. They would be “false positives”. But this in no way means that they should not receiving comprehensive and effective mental health services.

So, which is the greater problem? Which should be addressed first? The answer is both, and, more to the point, either would be an improvement. On guns, there need to be bans on assault and automatic weapons and on high-capacity clips and “cop-killer” bullets, and background checks on gun purchasers and closure of the “gun show loophole”. On mental health, there need to be ubiquitous and well-funded mental health treatment programs in all of our communities, with outreach workers and close collaboration with primary care medical providers. Both strategies are critical, both are quite (although, obviously, not completely) effective in other countries.

But I would be happy if we would do one of them. I mostly, however, hear a lot of talk and am fearful that we will, ultimately not do either.

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[1] Hemenway D, “Why we don’t spend enough on public health”, NEJM 6May2010;362(10);1657-8.

[2] Hemenway D. “Private Guns, Public Health”. University of Michigan Press. Ann Arbor. 2004.

[3] Full disclosure: Ten years ago, my 24-year old son committed suicide with a gun. As far as I know, he’d never used one before. He left his home in a “high gun control” state and went to a “low gun control state” where he knew no one, acquired the gun, and completed his suicide. A testimony to the impossibility of preventing suicide? A condemnation of the ease with which he obtained the gun? Make of this what you will.

Legislating Public Health and Medical Care

It is pretty tempting, if you are a legislator and don’t like something, to try to pass a law against it. You can always find a constituency to support you, because there are people who will support almost anything. If you are lucky enough you can find a well-off and powerful constituency, or set of advocacy organizations, and then you are more likely to be successful (ref: see almost all laws passed by the Congress). Health and medical care are no exceptions; bills and laws that impact on public health and even how providers interact with their patients are increasingly common.

Some laws are very good for the public health: banning smoking in public places; requiring cars to have seat belts, airbags, and other safety features; requiring vaccination against infectious disease for entry into school. But the plethora of regulations governing the funding of health care providers from Medicare and Medicaid, the kind of documentation that needs to be submitted, and the rules that need to be followed (generally termed, collectively “compliance”) is bewildering. Complying with all the rules put forth put forth by federal agencies (including different division of Health and Human Services, as well as the Department of Justice and the Department of Treasury) requires large providers to have full-time “compliance officers” and small ones to operate at their peril. Then add in state and local regulations. These regulations are often contradictory, so complying with one violates another. The blame is usually placed on the bureaucrats that write these regulations, but in fact many of these bureaucrats are quite aware of these contradictions, but have no option, because the laws that they have to write regulations to implement are often very prescriptive. Beware the Law of Unintended Consequences!

This law, never to my knowledge passed by any legislative body, has a major impact on those that are passed, and this impact is just as true in laws regulating public health and medical practice. These effects are most serious when the law in question is passed to address a political agenda rather than to improve health. A famous example is the “gag rule” implemented in the early GW Bush years that prevented providers receiving federal funds from discussing the option of abortion with their patients. (Overturning this rule was a major, and under-recognized, accomplishment of the early Obama administration.)  A more recent example is the law passed in Florida (and now, thankfully, blocked from implementation by a federal judge) that would prohibit physicians and other medical providers from discussing gun safety with their patients. Let me be clear: the limitation was not on gun possession or use, but on doctors and nurses and public health officials talking to people about the risks that guns in the home posed to their children and themselves and how to keep the guns that they had more safe to limit accidental discharge, injury and death.  Guess what organization pushed this law? If you said “the NRA”, you’re right, but it was a “gimme”. And of course it was signed by the governor, former “health care” magnate Rick Scott, who as CEO of Columbia/HCA led the company in paying huge fines for Medicare fraud.

Those are the easy ones to find fault with. But, just as with the “compliance” issues described above, efforts to impose “good” medical practice can be flawed. Vaccine safety and benefit is a big topic I will probably post a separate piece on (short answer: get them), but there are many others. One example is the bill introduced by Sen. Jay Rockefeller (D-WV), along with Sen. Chuck Schumer (D-NY), that would require practitioners who prescribe opiates to have 16 hours of continuing medical education (CME) in their use every 3 years. This is motivated by a serious concern for the abuse of opiates, including re-sale by those receiving prescriptions, which leads to many deaths each year (and in which West Virginia leads the nation). There is no question that this is a huge problem.

We have seen two movements, often in conflict with each other, in recent times. One is the increase in the advocacy for patients with chronic pain to receive adequate treatment; the other is concerned with addiction and prescription drug abuse. Unfortunately, as in West Virginia, the same populations are often afflicted by both. Chronic pain often occurs in those who do physical labor, but people from these same populations are the ones often dying of overdose. The problem is that the same drugs that reduce pain also (initially) get people “high”, and in time create physical addiction where the “positive” effect of the “high” is replaced by pain and misery just from not having the drug. Ideally, there would be a pain reliever that was effective, did not cause any pleasurable symptoms (other than relief from pain), and was non-addictive. We don’t have one.

Will requiring this CME of physicians reduce the problem? I think that it will decrease the number of prescriptions written for opiates, and thus maybe the amount of potentially-abusable narcotics circulating in the community, but perhaps not through the intended mechanism. There is no question that there is a lot that many providers could learn about proper use of opiate pain relievers by taking such courses. One example is the use of long-acting pain relievers (methadone, sustained release patches, long-acting morphine) whose slow release controls pain while decreasing the “high” that results from a sudden infusion of narcotic. (An exception is the most widely-prescribed – and advertised, which might be related – long acting pain reliever, Oxy-Contin®, 30% of which is release immediately, making it more popular among drug abusers than other long-acting opiates.) Another is the use of the “pain contract” that limits a patient to receiving opiates from one physician, at determined intervals, refuses to ever refill if a person is found to be receiving prescriptions from multiple sources, and may require urine tests to be sure that s/he is not using other unprescribed substance.

However, for this plan to work it would require that physicians and other providers want to prescribe narcotics. Obviously some do. Many of these do so because they are concerned about the chronic pain so many patients are in; there are pain medicine specialists who come from a variety of medical backgrounds: anesthesiology, psychiatry, family medicine, internal medicine. There are certainly others (relatively few) who are “Dr. Feelgoods” who make their living prescribing narcotics and other controlled drugs in large amounts, knowing that they will be abused. But the reality is that most doctors find chronic pain patients, well, a chronic pain. They find it difficult to feel certain who is a “legitimate” pain patient and who is “abusing”, or selling, their pain medications. Or who is a “legitimate” chronic pain patient whose family members are using, or selling, that person’s pain medication, leading to both the spread of narcotics in the community and having the patient continue with unrelieved pain. These are the patients who, whether “legitimate” or “abusers”, call the office all the time for refills, call in the middle of the night, yell at the staff because they are in pain (or withdrawing from narcotics, or find their livelihood that comes from selling them is threatened). Most providers would be willing to not take the CME, and have a good excuse to not prescribe opiates, and be free from all these problems. This is, according to testimony at the recent convention of the American Academy of Family Physicians, already happening in some places. Of course, that will also mean reduced access for people who do have chronic pain.

I once lived in a moderately large condominium. I had kids, as did a couple of others, but the majority of residents were older, with no children in their homes. The association would sometimes pass rules that restricted what children could do, especially when the working parents couldn’t make the meetings. These rules affected my children and penalized me. My position was that the association’s rules should be limited to things that affected the safety of the building and maintained its property values, not just anything that 51% of the owners could agree upon. Legislatures, whether federal or state or local, can pass any law that they can get a majority to agree on (with the obvious exception of the US Senate, where apparently, at least with the current President, it requires 60% votes – 59% wouldn’t do it). It doesn’t matter how dumb the laws are, or how much they conflict with existing law, or how much trouble they cause the bureaucrats who have to write the regulations, or how confusing or sometimes impossible it becomes for folks to comply with them all. Unless the courts strike them down, they are law (thank goodness for separation of powers!).

But because you can pass a law or rule about something doesn’t always make it a good idea to do so, whether you are a legislature or a condominium association. Because the Law of Unintended Consequences is always present.