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Whistleblower Act Applies To Title 24 NIH Employees, Board Rules

The U.S. Merit Systems Protection Board last month ruled that thousands of federal research and medical experts hired under Title 42 can receive protection from firing under the Whistleblower Protection Act, the AP/Sacramento Bee reports. Title 42 allows the federal government to hire research and medical experts as special consultants and pay them salaries higher than the maximum allowed for civil servants. The board overturned a 2004 decision by an administrative law judge that had denied protection from firing under the Whistleblower Protection Act to NIH medical expert Jonathan Fishbein. According to the board decision, "The board will construe its (the law's) provisions liberally to embrace all cases fairly with its scope." The decision will not affect Fishbein, whom NIH has since reinstated, but the "board's conclusion has implications for thousands of other federal researchers and doctors brought in from the private sector to conduct important government research, medical work and safety reviews," the AP/Bee reports. Fishbein attorney Stephen Kohn said the decision closed a "dangerous loophole," adding, "Other Title 42 employees with information about wrongdoing can now blow the whistle and obtain protection." Senate Finance Committee Chair Chuck Grassley (R-Iowa), who supported Fishbein, also praised the decision. "Any step that improves the environment for whistleblowers to come forward is a step in the right direction. Whistleblowers are patriotic Americans who stick their necks out and risk it all to commit truth. They deserve rewards, not reprisals," he said (Solomon, AP/Sacramento Bee, 5/1).

"Reprinted with permission from http://www.kaisernetwork.org. You can view the entire Kaiser Daily Health Policy Report, search the archives, or sign up for email delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Daily Health Policy Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation . © 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.





Actul Whistleblower Se aplicã la titlul 24 nih Salariati, Regulamentul Consiliului - Whistleblower Act Applies To Title 24 NIH Employees, Board Rules - articole medicale engleza - startsanatate