Attached at the Hip

(First) Adventures in Lobbying

Yesterday, my three boys and I were up before dawn to join a group from Texans for Midwifery at the Texas State Capitol in Austin.  There, we visited with lawmakers (or their aides/assistants), even taking the little ones into the offices for a rare chance to see democracy in action.  We capped off the day with plenty of play on the Capitol lawns, lunch, and a visit to a well-renowned coffee shop.

Texans for Midwifery organizes these visiting days every two years, and this year is especially important with midwifery legislation on the table.  House Bill 1107 proposes that Advanced Practice Nurses be allowed to write prescriptions under their own license.  Currently, Advanced Practice Nurses such as Certified Nurse Midwives must work with a physician to have prescriptions, even for routine items such as prenatal vitamins, written.  If approved, the new law would take an extra step and extra work (not to mention potential for error) out of the system, giving CNMs the ability to order needed items for their patients.

The Austin media covered the event.  The Statesman has a video filled with cute babies (too bad we had already gone out to play when they got there!), and KVUE did an interview with the woman the boys and I partnered with for our meetings.  Of course, the KVUE article makes it sound like midwives only provide care where there are no other options.  In reality, they're an excellent choice for all normal, healthy pregnancies, AND are a low-cost, oft-used option in low-income and rural areas.

My boys really enjoyed our day in Austin, and I was happy to have the opportunity to take them to such an important event.  I hope that the group of over 150 adults and 100 children made a positive impact on how our State government will support midwifery both in this session, and in the future.

Reprieve

The CPSC has issued a one-year reprieve for implementation of the testing portion of the CPSIA.  This means that products are still required to be manufactured within the limits set for lead and phthalates, but manufacturers (both large and small) are not obligated to do the expensive testing that was originally laid out in the CPSIA legislation.  They'll still be liable if they're selling dangerous toys, but those industries that have never made dangerous products to begin with have some breathing room.

Of course, that doesn't mean the fight is over.  If nothing else changes, in February, 2010, the cottage industries and small manufacturers will again be up against the clock in the fight to save their businesses.  The CPSIA still needs major amendments to protect work-at-home businesses, small manufacturers, libraries, and suppliers from the ramifications of the bill as it is written.  With continued testimony and evidence from the industries involved, my hope and prayer is that this bill will see the revisions needed in the near future.  Then, our children will be adequately protected from the harmful products, without being banned from those that never posed a threat.

Save Handmade - CPSIA Blog-in Day

Some of the wonderful artisans of etsy have designated today as a blog-in day to raise awareness of the impending ramifications from the CPSIA legislation.  This is a major law that will affect everyone if not amended.  Read on to see just how it may affect YOU!

As parents and concerned citizens I’m sure most of us at one time or another have been confronted with the question of lead poisoning. But have you asked yourself what your government is doing to protect your children from lead contained in toys? The answer? They're banning toys, taking books from schools and libraries, hurting low income families, killing entrepreneurial spirit and risking putting the economy in an even greater depression than we've seen in decades. I'd like to introduce you to their solution: the CPSIA.

Do you know about the CPSIA? No? Then I ask you to take a few minutes to find out about it.

The CPSIA stands for Consumer Product Safety Improvement Act, a new set of laws that will come into effect on 10 February, 2009 and will impact many, many people in a negative way. Make no mistake, this is very real. View it for yourself. If Forbes, the American Library Association and numerous other media are paying attention, perhaps you should too. 

How will these new laws affect you? Well, here are a few examples: 

To the Parents of Young Students:
Due to the new law, expect to see the cost of school supplies sky rocket. While those paper clips weren't originally intended for your student to use, they will need to be tested now that your 11-year-old needs them for his school project. This law applies to any and all school supplies (textbooks, pencils, crayons, paper, etc.) being used by children under 12.

To the Avid Reader:
Due to the new law, all children's books will be pulled from library and school shelves, as there is no exemption for them. That’s okay though, there's always television. Our children don’t need to learn the love of reading after all.
Article from the American Library Associationhttp://www.wo.ala.org/districtdispatch/?p=1322

To the Lover of All Things Handmade:
Due to the new law, you will now be given a cotton ball and an instruction manual so you can make it yourself since that blanket you originally had your eye on for $50 will now cost you around $1,000 after it's passed testing. It won't even be the one-of-a-kind blanket you were hoping for. Items are destroyed in the testing process making one-of-a-kind items virtually impossible. So that gorgeous hand-knit hat you bought your child this past winter won’t be available next winter.

To the Environmentalist:
Due to the new law, all items in non-compliance will now be dumped into our already overflowing landfills. Imagine not just products from the small business owners, but the Big Box Stores as well. You can't sell it so you must toss it. Or be potentially sued for selling it. You can't even give them away. If you are caught, it is still a violation.

To the Second-Hand Shopper:
Due to the new law, you will now need to spend $20 for that brand new pair of jeans for your 2-year old, rather than shop at the Goodwill for second hand. Many resale shops are eliminating children's items all together to avoid future lawsuits.

To the Entrepreneur:
Due to this new law, you will be forced to adhere to strict testing of your unique products or discontinue to make and/or sell them. Small businesses will be likely to be unable to afford the cost of testing and be forced to close up shop. Due to the current economic state, you'll have to hope for the best when it comes to finding a new job in Corporate America. 

To the Antique Toy Collector:
Due to the new law, you'd better start buying now because it's all going to private collection and will no longer be available to purchase. “Because the new rules apply retroactively, toys and clothes already on the shelf will have to be thrown out if they aren't certified as safe.”http://online.wsj.com/article/SB123189645948879745.html

To the American Economy:
Already struggling under an economy that hasn’t been this weak in decades, the American economy will be hit harder with the inevitable loss of jobs and revenues from suppliers, small businesses and consumers. The required testing is far too costly and restrictive for small businesses or individuals to undertake. 

To the Worldwide Economy:
Due to this new law, many foreign manufacturers have already pulled out of the US market. You can imagine the impact of this on their businesses. 

If you think this is exaggerating, here is a recent article from Forbes
http://www.forbes.com/2009/01/16/cpsia-safety-toys-oped-cx_wo_0116olson.html

And for those of you prepared to be stupefied and boggled, The New Law
http://www.cpsc.gov/about/cpsia/cpsia.html

Did you know? If this upsets or alarms you, please react.  You can get a badge (and tons of other helpful info) in the Etsy CPSIA Action Kit:
Download the PDF file here.
http://www.etsy.com/storque/media/bunker/2009/01/CPSIA-Etsy-Resources.pdf

More on Saving Toys

The Handmade Toy Alliance is working feverishly to get an amendment to the CPSIA, which would effectively shut down all handmade and small toy manufacturers in the US, and shut out all imported toys from Europe and Canada.

When writing to your lawmakers, their sample letter is a very easy and effective form to use to inform and encourage the lawmakers to think twice before passing this bill as it stands.  The full text of the Handmade Toy Alliance's Proposal to Improve CPSIA is also available to view.

Already emailed your legislators?  Sign the petition that will be sent to the Consumer Products Safety Commission, too.

And let me know what your legislators have to say.  I received this "canned" response to my contact with Senator Kay Bailey-Hutchison of Texas.  It's very concerning to me that she thinks this legislation "struck a good balance between these goals [of ensuring "that federal laws do not go further than necessary when attempting to guarantee the safety of consumer products"]."  In fact, it will shut down an entire industry, costing countless jobs, revenue, and the ability to make choices in our purchasing.

Dear Mrs. Barrett:

Thank you for contacting me regarding consumer product safety.  I welcome your thoughts and comments on this issue.
            
Recent recalls of various consumer products, especially children’s toys, have prompted a review of how Americans are protected against faulty products.  Created in 1972, the U.S. Consumer Product Safety Commission (CPSC) is the independent agency of the federal government charged with protecting Americans against the unreasonable risk of injuries associated with consumer products.  The CPSC fulfills its mission by researching potential hazards associated with consumer products, banning dangerous consumer products, developing voluntary and mandatory standards, and issuing recalls of products already on the market.  This agency has the authority to regulate the sale and manufacture of more than 15,000 different consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals. 
 
To address the concerns raised by these recalls, the Senate and the House of Representatives developed separate plans to enhance the U.S. Consumer Product Safety Commission’s ability to ensure our nation’s consumer product safety.  In the Senate, S. 2045, the Consumer Product Safety Commission Reform Act of 2007, was introduced by Senator Mark L. Pryor (D-AR) on September 12, 2007.  H.R. 4040, the Consumer Product Safety Modernization Act, was introduced by Representative Bobby L. Rush (D-IL) on November 1, 2007.  
 
Between March and July 2008, I worked on the bills as a member of a conference committee between the House and the Senate.  At the end of July, we came to a compromise, which passed the House and Senate on July 30 and 31, respectively.  The President signed the Consumer Product Safety Improvement Act of 2008 into law on August 14, 2008.  
            
            The Consumer Product Safety Improvement Act includes a five-year reauthorization of the CPSC and provides more than $620 million for the agency to implement new rules, buy new equipment, and modernize its labs.  Additionally, this funding will be used to increase the CPSC personnel to at least 500 from 367, and it will place additional inspectors at ports of entry and in foreign countries to inspect manufacturing facilities. 
            
According to the CPSC, paint and similar surface coatings of children's toys containing lead have historically been the most commonly recognized sources of lead poisoning.  Currently, paint and other similar surface coatings that contain more than 600 parts per million (PPM) lead are banned by the CPSC.  Under the new law, the allowable amount of lead in paint is reduced further in coming years, and the lead ban is expanded to regulate the surface of the products as well as the paint.  Currently, when the CPSC orders a recall, they will not announce it publicly for 30 days to permit manufacturers an opportunity to address the concerns of the CPSC and to prevent certain proprietary information from being released.  The final measure that we agreed to cuts this time period in half to 15 days, in order to allow information to reach the public more quickly.  
 
Should a manufacturer be found guilty of violating consumer product safety laws, the bill we passed provides for an increase in the cap on civil penalties that can be levied against the manufacturer and provides expanded criminal liability.  As an additional enforcement tool, the measure allows individual State Attorneys General to bring actions against manufacturers for violations of certain federal consumer product safety laws.  The coordination between the state Attorneys General and the CPSC means that we will have a greatly enhanced monitoring and enforcement framework to protect the public against dangerous products, and to enforce recall orders once they are issued, by making sure that retailers are promptly removing the dangerous products from their shelves.
 
As a mother of two young children, I empathize with parents who are anxious to protect their kids against unsafe products.  As a U.S. Senator, I must also ensure that federal laws do not go further than necessary when attempting to guarantee the safety of consumer products.  I believe this bill struck a good balance between these goals, and I will continue to work to protect our children from unsafe products.   
 
I appreciate hearing from you, and I hope that you will not hesitate to keep in touch on any issue of concern to you.

Sincerely,
Kay Bailey Hutchison
United States Senator

284 Russell Senate Office Building
Washington, DC 20510
202-224-5922 (tel)
202-224-0776 (fax)
http://hutchison.senate.gov

Evidence for Birth

It is startling to realize that many doctors in this country are using unstudied, unproven techniques and interventions on a routine basis, on unsuspecting patients - women in childbirth!  A recent study has outlined a number of issues with the common high-tech practices employed in American hospitals, pointing out that low-intervention births are far safer for mom and baby.  They are also, of course, much cheaper.

Consumer Reports has an excellent, concise article regarding the study and the difference between high-tech and high-touch births.  The Consumer Reports Maternity Care Quiz is also eye-opening.  Another report, from USA Today, following this study illustrates just why doctors and hospitals are so eager to intervene:  profit.

There are so many reasons to follow an evidence-based protocol for birth, and so few motivations for the high-tech, low-touch style of birth common in this country today.  I hope that the publicity of studies such as this will empower mothers to demand the type of care they deserve, and encourage caregivers to step up to the mark and give the best, high-touch care possible.

British Support for Birth

The United States has one of the poorest maternal and infant mortality rates in the developed world.  Countries which support midwifery and home birth, with OBs used in the case of high-risk pregnancies, fare significantly better.  In fact, the UK National Childbirth Trust (NCT) and the Independent Midwives' Association (IMA) published a press release voicing their concerns over the ACOG/AMA resolution I posted about yesterday.

Among their breath-of-fresh-air statements is this one:

Home birth should be considered a mainstream option and offered as a regular choice for pregnant women using the health service, whichever country they reside in. For a healthy woman with a straightforward, low-risk pregnancy, home birth is a safe option. It is important that midwives provide care for women at home and that they have experience in home birth, receive active support and supervision, and that their training needs are met. Women's individual needs must be assessed and the back up of a modern hospital system, with good communication and transport links, are important, should transfer be needed.

Now, why did we run away from England?

AMA and ACOG try to Limit Women's Rights

Crazy.  Just insane!  The AMA (American Medical Association) and ACOG (American College of Obstetricians and Gynecologists) want to formally define a hospital as the safest place to birth.  They are specifically targeting home birth in the wake of Ricki Lake's film, "The Business of Being Born," even going so far as to name her in their resolution.  What would come of this resolution?  Legally defining hospitals as the safest place to birth could make it very difficult for women to choose where they want to birth.  Nevermind the studies showing that home birth is just as safe as hospital birth for low-risk pregnancies.

Ricki Lake, Abby Epstein (her producer), and Pushed author Jennifer Block penned a telling response, published in The Huffington Post.  It's definitely worth a read.  And be sure to explore the various links in the text of the article, including to the study on home birth published in the British Medical Journal.

(Extra points go to anyone who can find my own comments on the article.)