BILL NUMBER: SJR 19	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 11, 2008
	AMENDED IN SENATE  JANUARY 24, 2008

INTRODUCED BY   Senator Ridley-Thomas
    (   Coauthors:   Senators   Perata
  and Romero   ) 
    (   Coauthors:   Assembly Members 
 Coto,   Davis,   Dymally,  
Krekorian,  Laird,   Levine,   Portantino,
  Price,   and Soto   ) 

                        JANUARY 7, 2008

   Relative to health professionals.


	LEGISLATIVE COUNSEL'S DIGEST


   SJR 19, as amended, Ridley-Thomas. Health professionals: torture.
   This measure would request all relevant California agencies to
notify California-licensed health professionals about their
professional obligations under international law relating to torture
and the treatment of detainees, as specified, and to also notify
those professionals that those who participate in torture, among
other forms of treatment, may be subject to prosecution. In addition,
the measure would request the United States Department of Defense
and the Central Intelligence Agency to remove all California-licensed
health professionals from participating in prisoner and detainee
interrogations.
   Fiscal committee: yes.



   WHEREAS, The citizens of the United States and the residents of
the State of California acknowledge January 15th as the birthday of
Dr. Martin Luther King, Jr., and mark the third Monday in January as
a federal and state holiday to commemorate his lifework as a civil
rights leader, an activist, and an internationally acclaimed
proponent of human rights who warned, "He who passively accepts evil
is as much involved in it as he who helps to perpetrate it"; and
   WHEREAS, Dr. King challenged Americans to remain true to their
most basic values, stating, "The ultimate measure of a man is not
where he stands in moments of comfort and convenience, but where he
stands at times of challenge and controversy"; and
   WHEREAS, In 2002, for the first time in American history, the Bush
administration initiated a radical new policy allowing the torture
of prisoners of war and other captives with confirmed reports from
the International Red Cross, The New England Journal of Medicine, The
Lancet (a British medical journal), military records, and
first-person accounts stating that California-licensed 
physicians, psychologists, and nurses   health
professionals  have participated in torture or its cover up
against detainees in United States custody; and
   WHEREAS, In honor of the birthday of Dr. Martin Luther King, Jr.,
a broad coalition of medical, human rights, and legal organizations
are petitioning the State of California to warn its medical licensees
of the legal prohibitions against torture and the risks of
prosecution, and are demanding that the United States government
remove  California doctors and psychologists  
California-licensed health professionals  from  coercive
 interrogation and torture of detainees; and
   WHEREAS, Representatives of Californians to Stop Medical Torture
are carrying petition signatures to the California State Senate,
asking that the Senate warn California-licensed physicians,
psychologists, nurses, and other health care workers of possible
future prosecution for participation in torture -- cruel and
degrading practices that have become a national shame; and
   WHEREAS, Health professionals licensed in California, including,
but not limited to, physicians, osteopaths, naturopaths,
psychologists, psychiatric workers, and nurses, have and continue to
serve nobly and honorably in the armed services of the United States;
and
   WHEREAS, United States Army regulations and the War Crimes Act
and, relative to the treatment of prisoners of war, Common Article
III of the Geneva Conventions and the Convention against Torture and
Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT)
require that all military personnel report and not engage in acts of
abuse or torture; and
   WHEREAS, CAT defines the term "torture" as "any act by which
severe pain or suffering, whether physical or mental, is
intentionally inflicted on a person for such purposes as obtaining
from him or a third person information or a confession, punishing him
for an act he or a third person has committed or is suspected of
having committed, or intimidating or coercing him or a third person,
or for any reason based on discrimination of any kind, when such pain
or suffering is inflicted by or at the instigation of or with the
consent or acquiescence of a public official or other person acting
in an official capacity"; and
   WHEREAS, In 2002, the United States Department of Justice
reinterpreted national and international law related to the treatment
of prisoners of war in a manner that purported to justify
long-prohibited interrogation methods and treatment of detainees; and

   WHEREAS, Physicians and other medical personnel and psychologists
serving in noncombat roles are bound by international law and
professional ethics to care for enemy prisoners and to report any
evidence of coercion or abuse of detainees; and
   WHEREAS, The World Medical Association (WMA) issued guidelines
stating that physicians shall not use nor allow to be used their
medical knowledge or skills, or health information specific to
individuals, to facilitate or otherwise aid any interrogation, legal
or illegal; and
   WHEREAS, The guidelines issued by the WMA also state that
physicians shall not participate in or facilitate torture or other
forms of cruel, inhuman, or degrading procedures of prisoners or
detainees in any  situations   situation  ;
and
   WHEREAS, The American Medical Association's (AMA) ethical policy
prohibits physicians from conducting or directly participating in an
interrogation and from monitoring interrogations with the intention
of intervening; and
   WHEREAS, AMA policy also states that "(t)orture refers to the
deliberate, systematic or wanton administration of cruel, inhumane
and degrading treatments or punishments during imprisonment or
detainment. Physicians must oppose and must not participate in
torture for any reason ... . Physicians should help provide support
for victims of torture and, whenever possible, strive to change the
situation in which torture is practiced or the potential for torture
is great"; and
   WHEREAS, Section 2340 of Title 18 of the United States Code
defines the term "torture" as an act committed by a person acting
under the color of law specifically intended to inflict severe
physical or mental pain or suffering (other than pain or suffering
incidental to lawful sanctions) upon another person within his
custody or physical control. That section further defines the term
"severe mental pain or suffering" as the prolonged mental harm caused
by or resulting from: (A) the intentional infliction or threatened
infliction of severe physical pain or suffering; (B) the
administration or application, or threatened administration or
application, of mind-altering substances or other procedures
calculated to disrupt profoundly the senses or the personality; (C)
the threat of imminent death; or (D) the threat that another person
will imminently be subjected to death, severe physical pain or
suffering, or the administration or application of mind-altering
substances or other procedures calculated to disrupt profoundly the
senses or personality; and
   WHEREAS, In May 2006, the American Psychiatric Association stated
that psychiatrists should not "participate directly in the
interrogation of persons held in custody by military or civilian
investigative or law enforcement authorities, whether in the United
States or elsewhere," and that "psychiatrists should not participate
in, or otherwise assist or facilitate, the commission of torture of
any person. Psychiatrists who become aware that torture has occurred,
is occurring, or has been planned must report it promptly to a
person or persons in a position to take corrective action"; and
   WHEREAS, In August 2006, the American Psychological Association
stated that "psychologists shall not knowingly participate in any
procedure in which torture or other forms of cruel, inhuman, or
degrading treatment or cruel, inhuman, or degrading punishment is
used or threatened" and that "should torture or other cruel, inhuman,
or degrading treatment or cruel, inhuman, or degrading punishment
evolve during a procedure where a psychologist is present, the
psychologist shall attempt to intervene to stop such behavior, and
failing that exit the procedure"; and
   WHEREAS, In June 2005, the House of Delegates of the American
Nurses Association issued a resolution stating all of the following:
"prisoners and detainees have the right to health care and humane
treatment"; "registered nurses shall not voluntarily participate in
any deliberate infliction of physical or mental suffering";
"registered nurses who have knowledge of ill-treatment of any
individuals including detainees and prisoners must take appropriate
action to safeguard the rights of that individual"; "the American
Nurses Association shall condemn interrogation procedures that are
harmful to mental and physical health"; "the American Nurses
Association shall advocate for nondiscriminatory access to health
care for wounded military and paramilitary personnel and prisoners of
war"; and "the American Nurses Association shall counsel and support
nurses who speak out about acts of torture and abuse"; and
   WHEREAS, In March 2005, the California Medical Association stated
that it "condemns any participation in, cooperation with, or failure
to report by physicians and other health professionals the mental or
physical abuse, sexual degradation, or torture of prisoners or
detainees"; and
   WHEREAS, In November 2004, the American Public Health Association
stated that it "condemns any participation in, cooperation with, or
failure to report by health professionals the mental or physical
abuse, sexual degradation, or torture of prisoners or detainees,"
that it "urges health professionals to report abuse or torture of
prisoners and detainees," and that it "supports the rights of health
workers to be protected from retribution for refusing to participate
or cooperate in abuse or torture in military settings"; and
   WHEREAS, The United States military medical system in Guantanamo
Bay, Afghanistan, Iraq, and other foreign military prisons operated
by the United States failed to protect detainees' rights to medical
treatment, failed to prevent disclosure of confidential medical
information to interrogators and others, failed to promptly report
injuries or deaths caused by beatings, failed to report acts of
psychological and sexual degradation, and sometimes collaborated with
abusive interrogators and guards; and
   WHEREAS, Current United States Department of Defense guidelines
authorize the participation of certain military health personnel,
especially psychologists, in the interrogation of detainees as
members of "Behavioral Science Consulting Teams" in violation of
professional ethics. These guidelines also permit the use of
confidential clinical information from medical records to aid in
interrogations; and
   WHEREAS, Evidence in the public record indicates that military
psychologists participated in the design and implementation of
psychologically abusive interrogation methods used at Guantanamo Bay,
in Iraq, and elsewhere, including sleep deprivation, long-term
isolation, sexual and cultural humiliation, forced nudity, induced
hypothermia and other temperature extremes, stress positions, sensory
bombardment, manipulation of phobias, force-feeding hunger strikers,
and more; and
   WHEREAS, Published reports indicate that the so-called "enhanced
interrogation methods" of the Central Intelligence Agency reportedly
include similar abusive methods and that agency psychologists may
have assisted in their development; and
   WHEREAS, Medical and psychological studies and clinical experience
show that these abuses can cause severe or serious mental pain and
suffering in their victims, and therefore may violate the "torture"
and "cruel and inhuman treatment" provisions of CAT and the United
States War Crimes Act, as amended by the Military Commissions Act of
2006; and
   WHEREAS, The United States Department of Defense has failed to
oversee the ethical conduct of California-licensed health
professionals related to torture; and
    WHEREAS, Waterboarding is a crime under the United States War
Crimes Act and Chapter 113C (commencing with Section 2340) of Title
18 of the United States Code, is a crime against humanity under
international human rights law, is a war crime under humanitarian
laws, and is prohibited by the United States Army Field Manual.
United States district courts, state courts, including, but not
limited to, the Mississippi Supreme Court, and United States military
tribunals have convicted defendants of criminal acts in
waterboarding cases; and 
   WHEREAS, Nobel Peace Prize Laureate Dr. Martin Luther King, Jr.,
said, "Commit yourself to the noble struggle for human rights. You
will make a greater person of yourself, a greater nation of your
country and a finer world to live in"; now, therefore, be it
    Resolved by the Senate and the Assembly of the State of
California, jointly, That California-licensed health professionals
are absolutely prohibited from knowingly planning, designing,
participating in, or assisting in the use of condemned techniques at
any time and may not enlist others to employ these techniques to
circumvent that prohibition; and be it further 
   Resolved  by the Senate and the Assembly of the State of
California, jointly  , That the Legislature hereby requests
all relevant California agencies, including, but not limited to, the
Board of Behavioral Sciences, the Dental Board of California, the
Medical Board of California, the Osteopathic Medical Board of
California, the Bureau of Naturopathic Medicine, the California State
Board of Pharmacy, the Physician Assistant Committee of the Medical
Board of California, the California Board of Podiatric Medicine, the
Board of Vocational Nursing and Psychiatric Technicians, the Board of
Psychology, and the Board of Registered Nursing, to notify
California-licensed health professionals via newsletter, email, Web
site, or existing notification processes about their professional
obligations under international law, specifically Common Article III
of the Geneva Conventions, the Convention against Torture and Other
Cruel, Inhuman, or Degrading Treatment or Punishment  (CAT) 
, and the amended War Crimes Act, which prohibit the torture of, and
the cruel, inhuman, and degrading treatment or punishment of,
detainees in United States custody; and be it further
   Resolved, That the Legislature hereby requests all relevant
California agencies to notify health professionals licensed in
California that those who participate in  torture and
  coercive interrogation, torture, as defined by (CAT),
or  other forms of cruel, inhuman, or degrading treatment or
punishment may one day be subject to prosecution; and be it further
   Resolved, That  in view of the ethical obligations of health
professionals, the record of abusive interrogation practices, and the
Legislature's interest in protecting California-licensed health
professionals,  the Legislature hereby requests the United
States Department of Defense and the Central Intelligence Agency to
remove all California-licensed health professionals from
participating in any way in prisoner and detainee interrogations
 , in view of their respective ethical obligations, the
record of abusive interrogation practices, and the Legislature's
interest in protecting California health professionals from the risk
of criminal liability; and be it further 
   Resolved,  that involve torture or cruel, inhuman, or
degrading trea   tment or punishment, as defined by the
Geneva Conventions, CAT relevant jurisprudence regarding CAT, and
related human rights documents; and be it further  
   Resolved, That no law, regulation, order, or exceptional
circumstance, whether induced by state of war or threat of war,
internal political instability, or any other public emergency, may be
invoked as justification for torture or cruel, inhuman, or degrading
treatment or punishment; and be it further 

   Resolved, However, that California-licensed health professionals
continue to provide appropriate health care if called upon to deal
with a victim of the conduct and torture described in this
resolution; and be it further
   Resolved, That the Secretary of the Senate transmit copies of this
resolution to the United States Department of Defense, the Central
Intelligence Agency, and all relevant California agencies, including,
but not limited to, the Board of Behavioral Sciences, the Dental
Board of California, the Medical Board of California, the Osteopathic
Medical Board of California, the Bureau of Naturopathic Medicine,
the California State Board of Pharmacy, the Physician Assistant
Committee of the Medical Board of California, the California Board of
Podiatric Medicine, the Board of Vocational Nursing and Psychiatric
Technicians, the Board of Psychology, and the Board of Registered
Nursing.