Posted on 07/26/2024 6:30:24 AM PDT by SeekAndFind
On June 11, a U.S. district court judge ruled as unconstitutional Florida’s law barring doctors from treating minors with puberty-blockers and cross-sex hormones for gender dysphoria issues. The judge determined that the Florida law interfered with a minor’s right to be treated in accordance with the World Professional Association for Transgender Health (WPATH)’s Standards of Care Version 8 (SOC-8). Unfortunately, SOC-8 are neither standards of care nor a consensus of standards of care. Let’s explore why.
Distinction Between Standards and Guidelines
Medical standards of care are determined as follows:
There are a variety of factors that can evidence the applicable standard of care in any clinical situation. In descending order of relevance, these factors are:
- Statutes: federal and state, such as prescribing laws
- Regulations: federal and state, such as confidentiality regulations
- Court opinions: such as duty to warn of dangerous patient case decisions
- Other regulatory statements: federal and state, such as guidelines from licensing boards
- Authoritative clinical guidelines: in and of themselves, guidelines are not the standard of care, but are a factor that will be sued to determine the standard of care. Just as following guidelines does not preclude negligence, deviating from guidelines does not equal negligence. If authoritative clinical guidelines (not utilization review guidelines) are not followed, the reason and clinical judgment should be documented.
- Policies and guidelines from professional organizations, such as from the APA or AACAP
- Journal/research articles
- Accreditation standards
- Facility policies and procedures
Note that highest priority in determining standards of care is reserved for federal and state laws and regulations, not so-called “guidelines from professional organizations.” The American Psychological Association concurs as to the distinction between standards and guidelines for treatment of transgenders and gender-non-conforming people:
Standards are mandates to which all psychologists must adhere (e.g., the Ethical Principles of Psychologists and Code of Conduct ... whereas guidelines are aspirational.
(Excerpt) Read more at americanthinker.com ...
This judge is hopelessly stupid.
It is remarkable that one can read the entire piece and not learn the judge’s name.
Assigned To: Robert Lewis Hinkle (Clinton Judge)
Referred To: Martin A. Fitzpatrick (takes more googling)
“ in accordance with the World Professional Association for Transgender Health”
We live in Babylon
The incompetent judge is Robert Lewis Hinkle.
“””World Professional Association for Transgender Health (WPATH)’s Standards of Care Version 8 (SOC-8”””
And here I thought Judges could only rule on the validity of new laws based upon US and State’s Constitutions and existing US and State’s Statutes.
We need to be able to name these perverts.
Yes, because a child has a right to make a decision as to whether or not to be rendered infertile and mutilated for the rest of his/her life.
If something is not a recognized consensus standard it cannot be used.
Obviously this judge has never worked in private industry/agriculture.
Even if something is a recognized consensus standard its application can be overridden by the laws of any state or country.
Terminal stupidity is killing this country.
When did the legislature vote on letting a world group of unvetted people by the US make their “standards” something for us to base our laws on?
Judge Hinkle, same judge who ruled that Florida’s 2008 amendment prohibiting same-sex marriage was unconstitutional.
He’s retired, but still serves in capacity for the northern district of Florida.
Surely you do not expect Florida judges to be immune to a bag of dosh. Such “confusion “ is a tell for this.
Hopefully this decision is so bad they will overturn it on appeal and so therefore make it LAW OF THE LAND
Using the democrats’ tactic of ‘repeal to a new position’
Example:
Existing law is A, and you want something new that would NEVER be approved by voters.
So, you write a new law, B, which is the opposite of what you want. But you write it so bad that it must be overturned on appeal...
But when it is repealed, it does not go back to A.
Since B is unconstitutional, the opposite of B must be true, or new law C. Which is what you really wanted all along.
C would never be approved by voters, but repeal of the opposite, B, makes it ‘law of the land’ by judicial fiat.
This is how they got Gay Marriage.
And what authority do they have? From where did this "authority" come?
How can a child give consent?
Transgender Health = oxymoron with emphasis on moron.
Since when do minors have any “right” to treatment. BY that argument if a teen requested a prescription for pain killers without a sound medical reason for them the doctor would have to oblige. The “right” that does exist in medical ethics and under certain laws is the “right” to refuse treatment.
The problem with the “standards of care” and “evidence based medicine” movements is that a lot of the standards are wrong and a lot of the evidence is not what is claimed for it.
The problem with the “standards of care” and “evidence based medicine” movements is that a lot of the standards are wrong and a lot of the evidence is not what is claimed for it.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.