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A federal judge has ordered the Environmental Protection Agency (EPA) to strengthen its regulations for fluoride in drinking water since high levels could potentially lead to health risks in children, in today's bite-sized hospital and health industry news from California, Maryland, and North Dakota.
- California: U.S. District Judge Edward Chen on Tuesday ruled in favor of several advocacy groups, finding that the current practice of adding fluoride to drinking water could lead to unreasonable health risks for children's developing brains, including lower IQ. Under the ruling, EPA is required to provide a regulatory response under the Toxic Substances Control Act. "The scientific literature in the record provides a high level of certainty that a hazard is present; fluoride is associated with reduced IQ," Chen wrote. However, Chen noted that he could not conclude with certainty that fluoride in water could negatively affect public health. In response, Food & Water Watch, an environmental group that led a coalition of organizations that sued EPA in 2017, praised the ruling. "The court's historic decision should help pave the way towards better and safer fluoride standards for all," said Michael Connett, a lawyer for the advocacy groups. Jeff Landis, an EPA spokesperson, said the agency is currently reviewing the decision, but did not elaborate on its future plans. (Raymond, Reuters, 9/25; Stobbe, Associated Press, 9/25)
- Maryland: HHS has issued a proposed rule that aims to eliminate barriers to organ transplantation among HIV patients. If finalized, the rule would remove clinical research and institutional review board requirements for transplanting kidneys and livers from donors and recipients who both have HIV. "All across this country there are HIV-positive Americans who need an organ transplant and HIV-positive Americans who are ready and willing to donate," said HHS Secretary Xavier Becerra. "Unfortunately, the process of approving those transplants is too slow and too few transplant centers participate due to burdensome requirements, resulting in unnecessary suffering for all involved." According to MedPage Today, the proposed rule only applies to HIV Organ Policy Equity (HOPE) Act liver and kidney transplants, since a lack of data on HOPE Act transplants of other organs has made it difficult to assess their safety and outcomes. So far, only three HOPE Act heart transplants have been approved, and only one has been conducted. Currently, NIH plans to gather experts for a working group to reconsider the research criteria used for transplants of other organs. (Firth, MedPage Today, 9/13)
- North Dakota: Earlier this month, State District Judge Bruce Romanick struck down North Dakota's near-total ban on abortion, saying that the state constitution gives women a "fundamental right to choose abortion" and that restrictions on the right is "a violation of medical freedom." According to Romanick, the ban, which was enacted by the state legislature earlier this year, is "unconstitutionally void for vagueness." In the law, abortion was made illegal in all cases except rape or incest when a woman had been pregnant for less than six weeks or when the pregnancy posed a serious physical health threat. Doctors and other healthcare professionals who violated the law could be charged with a felony and face up to five years in prison and a maximum fine of $10,000. "This is a win for reproductive freedom and means it is now much safer to be pregnant in North Dakota," said Meetra Mehdizadeh, an attorney from the Center for Reproductive Rights, which argued the case. "Hospitals and doctors no longer have their hands tied and can provide abortions to patients with complications." (Wax-Thibodeaux, Washington Post, 9/12)
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