Chadwick’s Fabricated Regulation Gone Wild! Just what we needed One More Bogus Regulation!

By: Dr. Phil Taverna

I wrote an article a few weeks   ago to point out the wrong that can come from simple regulations. Actually it   turns out it was not a regulation but a guideline. The guideline was not   mandatory but only a recommendation. And this resulted in the Supreme Court of   Massachusetts agreeing that a dentist should lose his license for 6 months for   not spore testing his sterilizer weekly. By the way, he did spore test his   sterilizer he just didn’t do it weekly.


I addressed that the guideline   was only a guideline because basically it was stupid to only test your   sterilizer weekly. In some offices if you use the sterilizer 200 times a week   why only test it weekly. And it became obvious that the CDC must have been   lobbied to by the spore testing industry, because the CDC recommendation was   weak and made no sense. And if you were going to test the equipment, why not   test it each and every time.


So a couple of professional   sterilizer repairmen decided to attack my article. As most liberal attacking,   they forgot to read my article or they couldn’t understand my article. And I   think that was the point of my article.  Liberals come up with these stupid   regulations that don’t make any logical sense and years later you have Dental   Boards using meaningless recommendations to close a dental practice for SIX   MONTHS!


You can see how a simple stupid   suggestion can be turned into a fascist regulation with not a shred of   evidence. Show me an automatic sterilizer that has not been spore tested and   the instruments are not sterilized and the sterilizer’s system indicates the   instruments are sterilized. If the sterilizer has not been sabotaged   by an unauthorized repairman, you can’t find one!


Now the repairmen claim faulty   machines are out there. I spoke to 2 of the manufacturers and they have not   seen a one. Actually one manufacturer I spoke with said you can hook up a   printer or a computer to the sterilizer and track each and every cycle as to   the temperature it reaches, for how long and was the cycle completed. And that   is why CDC recommended and did not require spore testing. There are machines   out there that do not need spore testing. It would be redundant and a waste of   time and money to spore test those machines.


Keep in mind most dental   offices are professionally trained. The dentist is licensed. The hygienist is   licensed and the assistants in many cases have some sort of licensing and   training.


Let me tell you about my guess   on Chadwick. Chadwick’s office was inspected by an ill qualified inspector   sent by the dental board. And they basically found nothing. So they had to   make something up so they could extract money from the dental practice.  They found some Department of Labor   violations and this spore test violation. They probably offered to settle this   matter for a mere $5-10 thousand dollars and it would not be made public. In   other words the Dental Board was legally extorting money from the Dental   practice to cover the exorbitant expenses of running the Dental Board. The   Dentist knowing he was legally correct told them to take a hike. Many months   later and many thousands of dollars later they are before the Supreme Court of   Massachusetts and it becomes simple, the Dentist should have paid the   extortion fee.


Does that sound   fair? We have people fighting for democracy in foreign countries, but   it doesn’t look like we have a right to a fair trial in this country.  Again were the instruments sterilized   and can the board prove otherwise. If they can’t the case should have been   over.


Another thing you need to   factor in is that most instruments get wiped down. This alone will annihilate   most germs. But you still need to sterilize the instruments and no one is   going to die because you did not spore test your machine. Liberals can   dream about it, but no one can prove it!


I mentioned in my previous   article that in the old days all you had to do was utilize indicator bags to   insure the sterilizer was working correctly. I have used these strips since   1977. At a certain temperature the bag changes color.  Some idiot says they are not good   enough, so why not just make indicator bags that are good enough. All you need   is proof that the temperature reached a certain level for a certain length of   time. Who is to say all spore tests are valid? But I am sure there is a   repairman willing to recalibrate the sterilizer to set the temperature higher   even when they are not authorized by the manufacturer to do so!


I am not saying spore testing   is stupid. I am just saying that it is not the law and it does not make any   sense to test the sterilizer monthly or weekly. Why wouldn’t you test   it every time you use it and get immediate feedback, so you can be confident   the instruments are sterilized?  No dental practice intends to   use unsterilized instruments!


I have been in practice a long   time. I have owned at least 3 sterilizers and no sterilizer has ever   malfunctioned. It’s a machine. It is not a programmable computer. Again, do   you check your brakes every time you drive your car? In NJ you only have to   get the brakes inspected every 2 years. Shouldn’t we have a regulation that   requires you to have your brakes checked every time you use the car?  Wouldn’t that be good for the auto   industry? And it might save one life a year! Same thing with spore   testing after spending millions have we prevented one unsterilized instrument   from reaching a patient’s mouth. If so prove it!  If not, what has the expense been to do   needless spore testing?


Let me tell the repairmen   another thing they probably know. There are 3 industries stupid enough to   require spore testing. Tattoo folks, veterinarians, dentists and a few medical   offices do outside spore testing. It doesn’t make logical sense.


Lead poisoning is one of those   fiascos. Honestly have you ever seen an infant or toddler eat a paint chip? If   you have seen it, did they digest it? Yet the regulatory freaks have made the   taxpayer and consumer pay a fortune to regulate something that probably is not   there.


Here’s the bad part. We don’t   know if the spore test is viable. I spoke to 2 companies and they claim that   2% of the tests come back as failures. That is not only dental offices but   Tattoo parlors as well.  I am sure   there are a lot of licensed and trained professionals in tattoo parlors. The   average dentist goes to school for 4 years after 4 years of college! And the   spore testing industry has no proof that any sterilizer has caused the   failure. As far as they are concerned with no proof and no records   that almost all the failures are caused by human error.  


The spore industry claims that   2% of the tests come back as failures. I wonder how many of the spore tests   are defective and would cause a failed test. And of the 2% that come back as   failures, only 2% of those come back as failures on retest. So if there are   1,000 tests in a single day, that equates to 20 spore tests coming back as   failures. And on retest 0.40 would come back as a failure. It is assumed that   this is mechanical failure, but the spore test industry does no follow-up and   they do not record or document the reason for the failure!  Are these failures occurring in the   dental medical field or the tattoo industry?


So again someone has to explain   to me why in NJ they only recommend spore testing once a month? It becomes   obvious that the repairmen are out in left field. My guess is the more we test   the more repair work they get to do.


I think the repairmen don’t   like this one company because they are not authorized to sell the sterilizer   or to repair it. I think we call this:    Sour grapes.


The argument about wet   sterilizer bags is bogus. It is nothing but a marketing ploy. And all wet   types of sterilizers have a drying cycle. If you take the bags out prematurely   they will be wet. If they are wet again prove to me that air born bacteria   will some how sneak into the bags and contaminate the instruments. Again prove   it.


So let me speak directly to   these repairmen that can’t read too well. I have proven that the spore test is   bogus. Each and every sterilized batch should be tested immediately   with a strip that changes color. It can be proven for the sake and   reliability of the machine that it is not necessary. But to prevent or guard   against human error it should be done each and every time. These indicator   bags do exist. And they can be made to work properly for chemical, dry and   steam sterilizers. This would allow for each and every load to be tested   accurately, not just every 100th or 1000th load.


But again I have my   reservations, I think the only problem that occurs is when handlers short cut   the cycle or don’t notice the error readings on the machine. So you can   surmise that the same type of person will not notice that the indicator bag   has not changed color. So the regulators would then demand a log to be kept on   each and every cycle.

I would say we just   over regulated a simple industry. So maybe a big gong can be attached   to the sterilizer so when there is a failed test, everyone in the practice   will know, and it will not be silenced unless a retinal scan is performed on   the doctor.


Also keep this in mind, the   spore test people have no way to know that the spore test has been run more   than one time. If a dentist has a claim for malpractice brought against her,   will the attorney try to use the failed spore test against the dentist? So why   wouldn’t a dentist make sure that the spore test will be a success?  And do you think the spore test will be   done with optimum conditions? The spore test requirement of one week or one   month is bogus. It is an expensive exercise and it is an indication that a   simple recommendation with not much forethought has been turned into a fascist   overbearing regulation which can now be legally construed as malpractice with   little or no evidence.


In the end the tax payer and   the consumer pays for the added cost which provides NO added benefit or   protection.  But it does make a   bunch of people rich!


In closing, a simple suggestion   has been turned into a bogus regulation with no proof at all. If you were a   dentist, would you think it was cruel and unusual punishment to have your   license taken away for 6 months if you failed to comply with a bogus   suggestion or recommendation which is not based on any sound scientific   principles?


You could be the dumbest person   on the planet, but it makes more sense to test the sterilizer each and every   time with indicator strips then to test it monthly or weekly with no immediate   feedback.


What the repairmen should do is   come up with an indicator strip and then they can prove that it would be more   effective than the spore test. Patent the strip and then lobby the CDC. If   they will change the recommendation, they could be rich in no time as long as   they had the strip manufactured in  China.


My apologies to the readers the   purpose of the original article was to show we are over-regulated and in most   cases the intended purpose of the regulation sounds good, but it is never   achieved and the results are hardships and burdens on some and a bonanza of   cash for others!  I think liberals   like Obama call this job creation.

About The Author Dr. Phil Taverna:
Dr. Phil Taverna owns and operates his own website.

No Comments

No comments yet.

RSS feed for comments on this post. TrackBack URI

Sorry, the comment form is closed at this time.