FRMO THE CAPITOL: Better Healthcare for California

BY SENATOR LELAND YEE

Last week in Sacramento, the Assembly Business and Professions Committee approved two public health bills that I authored, Senate Bills 1106 and 1029.

On a 6-4 vote, the committee approved SB 1106 to require sample prescription drugs received at a doctor’s offices to be accompanied with written information regarding the drugs similar to what is normally received at a pharmacy.

It is vital that consumers receive written information regarding dosage and potential side effects on sample drugs. This bill will reduce lawsuits, illnesses, and deaths. Because these sample drugs are often dispensed to low-income families who may not have insurance to cover the costs of prescriptions at pharmacies, the poor are disproportionately affected by this inequity in law. All families, especially children, deserve and need this vital information, whether they are getting medicines from a pharmacy or their doctor’s office.

A study conducted by the Journal of Family Practice found that instructions accompanied the dispensing of sample drugs only 47.8 percent of the time and were predominantly verbal in nature.

The study states, “Dosing appeared to be the main focus, and little to no attention was given to more detailed information, such as whether the medication should be taken with meals. Drug interactions were not routinely discussed.”

Manufacturers regard samples as a promotional tool. Pfizer alone dispensed 101 million samples worth $2.7 billion in 2007, according to the company. Merck dispensed 39 million samples worth about $356 million; Eli Lilly, 33 million worth $67 million; Wyeth, 52 million worth $64 million; Baxter International, 33,000 worth $7 million and Abbott Laboratories 16 million worth $32 million.

In 2006, the National Academies’ Institute of Medicine reported that medication errors injure 1.5 million people annually. The report addressed labeling of prescription drugs and found that there has been a growing unease among health care providers and others about the way free samples are distributed, the lack of documentation of medication use, as well as the bypassing of drug interaction checks and counseling that are integral parts of the standard prescription process when received through a pharmacy.

On a 6-2 vote, the committee also approved SB 1029 to allow pharmacies throughout California to sell up to 30 sterile syringes to an adult without a prescription. SB 1029 is supported by doctors, pharmacists, and AIDS prevention advocates.

California is one of only three states that still prohibits pharmacists from selling a syringe without a prescription. Most states amended their laws in light of overwhelming evidence that criminalizing access to sterile syringes led drug users to share used ones, and that sharing syringes spread HIV, hepatitis B, hepatitis C and other blood-borne diseases that can live in a used syringe.

This is an effective public health measure which is proven to reduce health care costs to taxpayers. It is a moral and fiscal imperative that this bill becomes law. Access to sterile syringes is a vital component of a comprehensive strategy to combat HIV and hepatitis. This approach has been evaluated extensively throughout the world and has been found to significantly reduce rates of HIV and hepatitis without contributing to any increase in drug use, drug injection, crime or unsafe discard of syringes.

In 2004, Governor Arnold Schwarzenegger signed legislation to create a five-year pilot program to evaluate the safety and efficacy of allowing adults to purchase and possess a limited number of syringes for personal use. Under the pilot program pharmacies in Los Angeles County, the Bay Area and some other parts of the state have been allowed to sell syringes. This bill would extend the sunset and allow all pharmacists throughout the state with the discretion to sell sterile syringes without a prescription. SB 1106 and SB 1029 are key bills that will better the healthcare system for many Californians. Both bills will next be considered by the Assembly Appropriations Committee.

NO LIMITATIONS: Notes on President Noynoy’s Inaugural

BY TED LAGUATAN

Manila, Philippines. The US Pinoy delegates were understandably as excited as young children on a field trip. They got a special group invitation to the inaugural for having supported President Noynoy in the US. I chose not to go. I figured I could see more on TV. I also wanted to avoid the fierce mid-day Philippine heat. I caught up with the US Pinoys that evening in the inaugural celebration at Sofitel (formerly Philippine Plaza) Hotel.

“We were soaked with sweat. We did not expect it to be so incredibly hot!” they complained.
“Well, at least you’re now a part of history.” I half seriously answered.

It is unusually hot in the Philippines these days. Maybe former Vice President Al Gore, apostle of global warming who was recently here, brought the overpowering heat with him as a prop and accidentally left it.

Even President Noynoy and Vice President Jejomar Binay, were continuously wiping the sweat of their brows when I was watching them on TV during the ceremonies.

About half a million people attended. Despite the heat, there were smiles all around – reflecting the nation’s mood and thoughts: the end of a corrupt administration and hopes for a better government and a better life for Filipinos. The TV cameras showed one flashed image that stood out in my mind – a very pretty young woman in yellow hugging with perfect ease a small child also wearing yellow close to her breast and holding a yellow umbrella with her right hand which protected both from the sun - gracefully and slowly swaying in rhythm with the music being played on stage. Beautifully surreal - like a Madonna and Child painting. She looked so beatifically cool not showing any signs of being affected by the intense heat - happiness reflected on her face.

------o------

Protocol required the appearance of outgoing president Gloria Macapagal Arroyo. Her role was to ride in the same car as President Noynoy to the grandstand, do a final review of the representatives of the different military branches, salute and walk to a waiting car that would take her away. I couldn’t help but feel sorry for her as people booed, some shouting “Go away.” or “Sulong.” (“scram”)___as soon as they saw her and until she boarded the takeaway car.

I wondered how she felt when she heard those words. Does she still feel anything? Guilt? Shame? Or has she armored herself against these feelings? “They’re just envious of me because I had the guts to do what they could not.”; “I’ve got more money than they, who cares what they think?”; “Wait until I become Prime Minister.” Did she have these thoughts as people booed her?

I also felt sorry for the country because Arroyo had so much opportunity to do good but is now perceived instead as having enriched herself and her husband through corruption. She even sought to stay in power for the sake of being in power – even showing scorn and bad faith by making numerous midnight appointments and leaving government coffers empty. She says “Let history judge me.” It is not history which will judge her. Even history can be manipulated. It is God who will judge her. But I never lose hope in human beings. Hopefully, she finds a way to redeem herself by doing some really good things for her fellow human beings.

------o------

One other reason I decided to watch on TV aside from avoiding the hellish heat - was to observe the eyes, facial expressions and gestures of President Noynoy as he delivered his inaugural speech and listen carefully to ascertain whether or not his tone and manner of speaking and voice inflections indicated a sincere belief in what he was saying. I know I could observe better watching on TV as the cameras usually zooms on a speaker’s face. They did.

Having been a trial lawyer for many years, I have developed a very good sense of how sincerely a person believes in what he is saying. Politicians or their speech writers can easily compose lines that they know their audience wants to hear. But whether or not they really believe in what they are saying is another matter.

“I will not be able to face my parents and you who have brought me here if I do not fulfill the promises I made.”

“My parents expect nothing less, died for nothing less than democracy and peace. I am blessed by this legacy. I will carry this torch forward.”

I watched the expressions on the president’s face as he said these words, watched his eyes become teary and noted his gestures, tone of voice and inflections. There was no doubt in my mind that he sincerely meant what he was saying.

----o----

Shortly after his speech, the child of destiny headed for Malacanang riding alone at the back of a black Mercedes? What thoughts may have crossed his mind on the way to the palace?

Lining the streets along the way were huge yellow banners one after the other bearing either the portrait of his mother or father with the words “Salamat po.” (“Thank you.”). Surely, thoughts of his martyred father and his late president mother entered his mind and he must have shed a tear or two as he passed and saw these banners: “I have just been sworn as President and without the two of you, this would not have happened.”

As he rode farther away from the inaugural site, he must have viewed the usual scenes of everyday life along Manila’s streets: homeless raggedly dressed families here and there living under shady trees, ordinary people walking along the sidewalks, beggars, cigarette vendors, sidewalk peddlers, tricycles, “karitons” (wooden push carts), small shops, students in uniforms, policemen directing traffic.

A deeply religious man like his mother, he must have prayed: “Lord, can I really bear the heavy burden of serving all of my people. I will surely need your help.”

------o------

The next day, during the conference at Sofitel titled “Overseas Filipinos for Good Governance” we received a call from Malacanang that the President would see us at 3 P.M. Tour buses took our 170 or so delegates and family members or guests to the palace - some seeing it for the first time. We were brought to the main receiving room and served juices, small sandwiches and some picka pickas. As soon as the President appeared, the delegates were like Elvis fans trying to get close to their idol. I watched from the back quite amused at the shoving, pushing and positioning. I’ve watched similar phenomena many times including watching supporters and admirers shoving and pushing to get close to Noynoy’s mother Cory when she was newly installed in Malacanang.

The protocol officer announced that the president welcomed having pictures taken with the group. The group was too big so that it had to be split into several groups. More intense pushing and shoving as so many wanted to be pictured close to the president. A short woman, about 4’10 was shrieking: “I won’t be seen! I won’t be seen!” as taller people covered her from the photographers. President Noynoy heard her as she was close enough and pulled her saying: “Halika, ditto ka sa harap ko.” (“Come, stay in front of me.”) She was jumping with joy after___ smiling as if she hit the jackpot. Not inclined to push and shove, I opted out from the photo ops and instead talked to the palace waiters and servers. Some had been there for as long as the nine years plus term of ex-President Arroyo and hoped that they would not be fired. I do not think that they will be except maybe for a few for understandable security reasons.

The happy group went back to the buses – each with his own story to tell. One woman tripped in her rush to get near the president and was sad that she did not get to speak to him. Another triumphantly declared that the president recognized him. Still another was proudly showing the signature of Noynoy that she got him to sign. The happiest of all was the 4’10 woman.

Atty. Laguatan is one of a few lawyers whose expertise in immigration law is officially certified by the California State Bar. He also does accident injuries and wrongful death cases. For communications: 455 Hickey Blvd., Ste. 516, Daly City, California 94015 or 101 California St. Suite 2450, San Francisco, California 94111. Tel 650 991-1154. Fax 650 991 1186. Email laguatanlaw@gmail.com

STREET TALK: Walking the Talk

BY GREG MACABENTA

A large delegation of overseas Filipinos, mostly from America, attended the inauguration of President Noynoy Aquino (I still have to get used to referring to him as P-Noy, but then, I never referred to Gloria Macapagal-Arroyo as GMA). These were the same people who organized a volunteer group called US Pinoys for Noynoy-Mar or USP4NM, and actively campaigned for the LP team, raising funds, holding town hall meetings, calling up relatives in the Philippines, getting out the overseas votes and watching the canvassing at their respective Philippine consulates to ensure an honest count.

Having helped Noynoy win, these Pinoys, spurred mainly by love for the Motherland, want to help him succeed. For this reason, they decided to transform their informal group into an instrument for good governance. In Manila, they converted USP4NM into an organization called Overseas Filipinos for Good Governance.

The sparkplugs of this idealistic undertaking are former chair of TLC Beatrice International, Loida Nicolas-Lewis; San Francisco community leaders Rodel Rodis, Ted Laguatan and Charito Benipayo; Northern California businessmen Rolland Baldo and Mike Macapagal; and Southern California USP4NM convenors, Wally Reyes and Rocio Nuyda. There are many other formidable personalities in the delegation: Dr. Philip Chua of Chicago, Gus and Ethel Mercado of Texas, Ninoy Aquino Movement originals Gloria Navarrete and Fred Aquitania; Professor Gil Ramos of New Jersey; and delegates from the United Kingdom, Australia, Canada, and Saipan.

For two days, on July 1 and 2, they will hold a conference at the Sofitel Hotel to get formally organized, meet with government officials, businessmnen, leaders of civil society and Manila media, and discuss the ways by which they hope to contribute meaningfully to the success of the incoming administration. Being a loyal camp follower, I have fflew in with the group and spoke at the conference, as well as acted as moderator in a panel of key media practitioners.

Expectedly, everyone is gung ho, afire with fervor, ready to charge into the fray, and willing to devote time, talent and treasure to the cause of good governance. Of course, there are the usual cynics and kibitzers who are betting that all of that rah-rah-rah and sish-boom-bah will soon fade into a whimper after the novelty of the electoral triumph has worn off and the harsh realities begin to set in. That, according to the cynics, will be just about the time that the new president will wake up to the fact that delivering on his campaign promises is a verrrrrrry tall order. Indeed, after decades of mismanagement, official abuse and incompetence, turning our hapless country around is easier said than done.

But, just as the Filipino people have placed a lot of hope on P-Noy, I have a lot of faith in the people behind this good governance group. They certainly are not lacking in sincerity and determination. Most of them also belong to the same Quixotic bunch that decided, some 13 years ago, to set up a national organization that would work to achieve socio-economic and political empowerment for Filipinos in America, something considered an "impossible dream." But, against daunting odds, the National Federation of Filipino American Associations (NaFFAA) was born, it has survived and it has won some modest triumphs on the road to that difficult goal of empowerment.

While there was a moderate dose of unsolicited advice for P-Noy coming out of the conference, some of them bordering on the presumptuous, there are, in fact, many things that can be done by both overseas Filipinos and the average Filipino citizen. Alex Lacson's best-seller, "12 Little Things Every Filipino Can Do To Help Our Country," is a good starting point (too bad, Alex would have made a considerably better senator than some of the dolts and goldbrickers who won).

Of course, Alex's suggestions are the basics. There are problems that require more aggressive measures, beyond simply being a good citizen. The times call for more activism, for more direct action, for being Good Governance Vigilantes.

No amount of sermonizing will solve the cancer of corruption and convert people who have grown filthy rich from breaking the law. In Tagalog, they call that santong dasalan (persuasion). What is needed is santong paspasan (punitive action).

The new government has vowed to go after the crooks and criminals of the Arroyo era, including Gloria Macapagal-Arroyo herself. That is well and good. Throwing some big names in jail should put the fear of God in the political, business and criminal syndicates that hold this country hostage. But that's dealing with the past. What needs to be done is to create an environment in which prospective bribe-takers, extortionists, swindlers and crooks, including those in judicial robes, are confronted by the imminent threat of public exposure.

In addition to a media community that has become increasingly vigilant (but still needs to do much more), ordinary citizens can play a key role in holding public officials accountable. In this high-tech age, with everyone owning a smart phone-cum-video-audio-recorder-camera, catching an extortionist and a bribe-taker redhanded and exposing proof of ill-gotten wealth, like the unexplained US residence of presidential son, Mikey Arroyo, is the easiest thing to do. The incriminating materials can be loaded on YouTube or FaceBook anonymously and exhibited to the entire country and the world. This is the closest approximation of The Sting, an effective device in the American justice system that has succeeded in catching thieving politicians and government officials en flagrante.

Of course, it follows that those in the office of the Ombudsman who cannot recognize a criminal act if it bites them on the nose, should first be impeached.

That's the punitive part. There are many positive things that all of us can do. We only need to be inspired by Tony Meloto and the miracle of Gawad Kalinga. Or the decades of dedicated work by the American couple, Dan and Nancy Harrington of Books for the Barrios, that has seen tons of books delivered to the poorest schools in the most remote corners of the archipelago. Or the ambitious project called GILAS, supported by Globe Telecom and Smart, which would provide Internet access to all the public schools in the country. Or the annual medical missions from America, mounted by Filipino doctors who have not forgotten that they owe much to the Motherland.

In America, a great deal can be done by FilAms who care for the country. Promoting the Philippines as a tourist destination is the easiest thing to do - provided that we also take responsibility for making our tourist spots clean, presentable and safe.
FilAms can also do much to promote Philippine interests in Washington DC. A few days ago, Loida Nicolas-Lewis led a delegation to meet with Senators Charles Schumer and Kristen Gillibrand on Capitol Hill to appeal a plan of Schumer to file a bill that would tax call centers established overseas by US companies. If this passes, call center operations in the Philippines will be badly hit.

For years, a coalition of FilAm organizations lobbied the White House and Capitol Hill for the passage of the veterans equity bill. A $98 million benefits package was finally signed by President Barack Obama on his first year in office due to these efforts. Recently, the Philippine embassy called on the FilAm community to write to their congressmen and senators to ask for support of the SAVE Bill that will benefit the Philippine garment industry.

In the final analysis, however, the most meaningful way that we can help create a New Philippines is by committing to create a New Filipino. This brings us back to what Alex Lacson has suggested. To achieve meaningful change, we must begin with ourselves. We cannot ask others to change unless we, ourselves, are willing to do it.

This is something that I have written about in the past. Whenever I am asked how stealing can be reduced, my response is simple: "Don't steal. I don't. That's two less thieves." Someone paraphrased it for me: "Don't break the law. I don't. That's two less lawbreakers."
Of course, like the promise to end corruption, following the law to the letter is easier said than done.

Back in the early 70's, as a senior vice-president of Advertising & Marketing Associates in Manila, I was told to enforce a policy that penalized three instances of tardiness with suspension without pay. Told that this applied even to managers, I protested. I pointed out that managers did not charge overtime and worked even on weekends. But HRD insisted that rules were rules and had to be enforced without exception. Three vice-presidents were short-listed for suspension. But before I threw the book at them, I decided to check my own attendance record. As it turned out, I was as guilty as they.

Faced with this fact, I decided to write a memo to myself, suspending me for three days without pay. When my boss asked me what I was doing, I replied that I was simply enforcing policy.
When I suspended the VPs, along with myself, they accepted it without a complaint. The unreasonable policy was subsequently stricken off.

Do we, as a people, deserve the change that we are asking President Noynoy Aquino to institute? Only if we have the will to demand it of ourselves.

There's a saying in America that sums up what we need to do, if we really want to help this new government to succeed. We shouldn't simply talk the talk. We must be willing to walk the walk.
Even if it hurts.

(gregmacabenta@hotmail.com)