2023 Advance Local Media LLC. In a few counties, notably Madison, where Huntsville is located, defense lawyers recently have been more aggressive in challenging the legality of drug tests and law enforcement investigations based on them, according to court records. For basic information on establishing Cobb did not have a car or a ride, so he set out to hitchhike, as hed done before, often walking several hours before anyone stopped to pick him up. On a cold, rainy day in early 2019, Frank Cobb was working at a Google data center in Bridgeport, a small town in northeast Alabama, when his color was called. All testing results will remain confidential. Harden said having a job is necessary to pay for the cost of color code$30 per test in Walker County. Legal experts worry that singling out women who havent received prenatal care could unfairly target poor women and those who live far from medical facilities. Alabama employers with a drug-free workplace program must test employees in the following circumstances: In addition, employers may conduct random drug testing. You also have the option to opt-out of these cookies. (Call for additional drug testing locations) Abbeville. Application for subsequent year certifications, Drug-Free For more information, contact the Medical Section at Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Although an employer has the legal right to test, it must follow the state's requirements. The session also features key action steps to develop a child welfare drug testing policy, strategies to mitigate challenges child welfare agencies encounter when developing drug testing policies and protocols, and important practice points in the use of drug testing while working with families affected by SUDs. Enrolled Clients - Call (205) 716-2984 or 800-852-9221 seven days per week after 7:00 a.m. (central time). Where drug or alcohol testing is part of a routine physical or random screening, there will be no adverse employment action taken until the test results are in. Its like once you get in the system, its hard to ever get out of it.. Code of Alabama 1975 26-14-3 addresses mandatory reporting. Located in Alabamas largest city, the UAB program helps participants with transportation by providing bus passes for those who cant otherwise get to their color code tests. "While our drug testing policy is designed to . You will not be allowed to leave a test without a picture ID. %PDF-1.7 % Were arresting the same people over and over again. An employer that conducts drug testing must post its policy, and employees must have at least 60 days' notice of the policy. Jarvis said drug testing is just one element of the work his office does. Guffey also sent his urine to the hospital, which he said showed a clean test. In many cases, law enforcement officials cited hospital-administered drug tests as probable cause for arrest. Subscribe to our News 4 newsletter and receive the latest local news and weather straight to your email every morning. If you share republished stories on social media, wed appreciate being tagged in your posts. or other illegal activity (e.g., drug use, production/distribution of illegal drugs, production of child pornography, etc.) Way to Be Guide *(pdf), Drug-Free The state of Alabama has launched a Department of Human Resources (DHR) Task Force to examine the workings of a state agency that serves 67 counties with an annual budget of around 2 billion dollars. Some hospitals, any pregnant woman that comes in, theyll test for drugs, said Janice M. Smiley, director of the Perinatal Health Division at the Alabama Department of Public Health. Its unclear how much money people in Alabama pay each year for color code testing because the state does not collect that data. Test results may be used in arbitration, administrative . Since being elected to the Jackson County Commission in 2012, Guffey said hes also heard complaints about another problem, beyond the costs or the logistical challenges. Even though Alabama law allows employer to drug test, employees and applicants may have legal claims based on how the test was conducted, who was tested, or how the results were used. These cookies do not store any personal information. Bailey Davis, director of Community Justice Programs at UAB, The Jackson County Court Referral and Community Corrections office, where participants report to take their color code drug tests, is located in downtown Scottsboro, Ala. (Joe Songer | jsonger@al.com), Frank Cobb is still under a court order to attend color code drug tests but still has no vehicle or other way to get to the drug testing facility in Scottsboro. As Cobb walked along the busy highway that rainy day last year, a woman named Sandra Goodman pulled over and offered him a ride. 8C @E`Tdu"EEVH?T4H0Tv%#M+Hz^TNk*qxicFACQZ-UAgR `E+@U#[U(&Z (T!oM@#XZW@aDT@tB2ugFtBP RPCK5SQ%^]Q )U@@:6 zAcQQ"#E:jJ+J%1NeIT&aeTEi0mjVGj4]9`j+@D0RYkLsYGYS&^/D w~~yS_~z Murrah is serving a 15-year prison sentence after pleading guilty. Pricing | Contact | (800) 891-6024 . Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Enrolled Clients - Call (205) 716-2984 or 800-852-9221 seven days per week after 7:00 a.m. (central time) Drug testing is performed randomly according to a color code. If I have a county employee who gets a drug test [at color code], and I have to fire them, I want to make damn sure theyre on drugs. More limited testing is allowed if it is conducted on the basis of reasonable classifications of job positions. Equal Opportunity Employer/Program Government employers should always call for potential additional restrictions on employee drug testing. Human Resources The University of South Alabama USA Technology & Research Park, Bldg III, Suite 2200 650 Clinic Drive Mobile, AL 36688-00002 Ph: (251) . Inspections Mining Boilers and Elevators, Drug-Free Its easy to throw someone in jail for something they do, Todd said. (To inquire about syndication or licensing opportunities, contact. In some cases, the fees fund employee salaries and local offices, such as in Walker County. (The cost per test in Jackson County has fluctuated over the years and depends on which program a participant is in.) But Dakota Fox, who stopped practicing law in Alabama in February of this year, said color code should go a step further and allow those who get a positive drug screen to go to a hospital and get a test to independently confirm the results, which is not currently allowed. Read about how we use cookies in our. It makes me so mad to see what people have to do.. Call (800) 221-4291 or you may schedule a test online 24/7 by clicking the Order a Test' button and receive your donor pass/registration form with the testing center address and instructions via email. According to Guffey, the test results alleged that he failed for meth, cocaine and marijuana. It could be transportation issues, work issues, child care issues, just all kinds of things. The policy should expressly prohibit the illegal use of drugs and abuse of alcohol by employees and spell out the consequences of policy violations. ^ 5/u,|zID/J6ok^s]BUynf?zooLM|{Ri[N?c}{{ DN!%_0v-OWBoQ3O%Tpq*2Y$#~z/` [ Please contact. If accused of using marijuana by the Alabama DHR and you fail the drug test Ask a lawyer and get answers to your legal questions Ask an Expert Ask a Lawyer If accused of using marijuana by the Alabama DHR and you fail the drug test BizMatters-law, Attorney 1,132 Satisfied Customers JD BizMatters-law is online now Related Legal Questions He continued his fight with local judges to bring it under county control. Employees who test positive have five days to contest or explain the result. He said he stays sober by dedicating himself to his work. Provisions for an Employee Assistance Program. Guffey said he has long tried to bring color code under the control of the county, where fees could be lowered and the income could go back into drug testing and to programs that otherwise support people returning to the community. Equal opportunity is the law. Color code/Drug testing hours: Monday . The website or any of the authors does not hold any responsibility for the suitability, accuracy, authenticity, or completeness of the information within. Neeley said his program in DeKalb and Cherokee counties does not charge most of its clients drug testing fees. Creative Commons License (CC BY-NC-ND 3.0). 424 0 obj <>stream Mandated reporters We might get grants if were lucky, he said. The incidence of babies born dependent on drugs, especially opioid painkillers and heroin, nearly doubled from 2009 to 2012, according to research by Patrick. For the most part, this area is regulated by state and local laws. Brown did not respond to multiple requests for comment. Thats a water bill or cell phone bill, and you have to be able to have the time to get down [to the facility], and do you even have a car? Any website our stories appear on must include a prominent and effective way to contact you. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. The voluntary law does not prohibit private employers from conducting random substance abuse testing or other lawful testing of employees. Since 2016, Cobb has been in and out of jail and prison five times for failed drug tests, court records show. At least 23 states say any drug use during pregnancy is . Profits are sometimes distributed in a way that is opaque, even to local officials. c0a RYZlg` )& What we discovered is that, if clients are not showing up for drug tests, its usually either a scheduling difficulty or there are barriers that make it problematic for them to show up, Davis said. Thank you for your interest in republishing this story. Application for the first year's certification, Drug-Free [N]or are they told that this is included in their consent before signing Ive been told by moms that they just get handed the urine cup and told to void.. The court referral program is under the supervision of Alabamas Administrative Office of Courts. A warrant/court order is required for a test unless you consent. A lack of prenatal care is a red flag, the hospital associations Blackmon said. DHR Commissioner Nancy Buckner said one factor she hopes the task force will look at is the 20 to 25 percent turnover ratio for child welfare workers. Reporters Nina Martin and Amy Yurkanin hosted a conversation with Sara Ainsworth of National Advocates for Pregnant Women. I think theres just sort of a general hesitancy that the more they talk about the drug screening and reporting, the greater the likelihood the mother will avoid delivering at a hospital, Blackmon said. The potential penalties under Alabama law are especially stiff: one to 10 years in prison if a baby is exposed but suffers no ill effects; 10 to 20 years if a baby shows signs of exposure or harm; and 10 to 99 years if a baby dies. Severs lost custody of her three children after Murrah submitted forged drug test results showing Severs had used methamphetamine and marijuana. More than half of the births in the state are paid for by Medicaid, which is only available to women who earn less than $1,433 a month ($17,196 per year). Xkq@ nBTF0BK~"p #)Y!m$bG 3 x`RFzHtpT Local judges decide how to punish people who violate the terms of color code, meaning the consequences also vary from county to county, courtroom to courtroom. The system is made to fail you., Scottsboro is the county seat of Jackson County in northeast Alabama. c[+P"Was z$qh#3[OASc.G & Cobb was first put on color code in 2012, after being charged with possession of pills. As of June 10 of this year, DHR has already taken custody of 1,114 children due to parental drug use, putting Alabama on track to more than double the number of children removed in 2015. The only reference to possible drug testing was a blanket statement: I consent to examinations, blood tests laboratory and imaging procedures, medications, infusions, nursing care, and other services or treatments No one at Gadsden Regional orally informed her that she would be drug tested, Shehi said. Nix estimates that hundreds have been victimized by Murrah and DHR. Yet the hospitals that administer those drug tests and turn the results over to authorities are exceedingly reluctant to disclose their policies to the public. Important to Note: Alabamarequires an employer to notify employees and applicants in writing of positive results (negative not required unless specifically requested by the individual) within 5 days of receipt of the results from the laboratory. Severs attorneys still have the option of seeking the documents through subpoenas. In at least three statesMinnesota, South Dakota, and Wisconsindrug use during pregnancy can lead to involuntary civil commitment. However, employers must follow the state's rules to get their discount. In some parts of the state, hospitals test on a case-by-case basis, employing criteria that virtually ensure greater scrutiny for poor women. Like many other states, Alabama has a drug-free workplace program regulating drug testing. DHR is required to investigate reports of child abuse or possible child abuse. You cant republish our material wholesale, or automatically; you need to select stories to be republished individually. This is not a county with a lot of money., When non-compliance seems like the only option. Since 2006, the law has been used to charge nearly 500 women with endangering their unborn children. p@53%f -7bSG8)Y7D02Ab*(`$SQ3Q.#\Y uF97fPBr Across the country, hundreds of pregnant women and new mothers have been accused of child abuse or other crimes when they or their newborns tested positive for controlled substances. They happen, Brown testified, though he defended the tests as largely accurate. At the time, program director Brandon Brown told local media he was uncertain about the extent of the fires damage to the offices files. TROY, Ala. (WTVY) -The Alabama Department of Human Resources has won an early round of a what could be a long legal battle between a Pike County woman and the state agency that took her children based on documents forged by one of its contract workers. But $40 [for a drug test] is a lot of money. You may also like to know about: Your email address will not be published. In many parts of the country, the war on drugs has a new front: the maternity ward. Its okay to put our stories on pages with ads, but not ads specifically sold against our stories. 1. they could temporarily remove the children while an. Copyright 2021 WTVY. Hospitals charged $1.5 billion to treat babies in withdrawal in 2012, according to the same study. And color code was costly: Cobb paid $20 each time he tested, sometimes multiple times in a week, plus a $40 monthly monitoring fee. guides and publications. It does not count in my mind as informed consent for drug screening.. Probation and Pretrial Services Functions. The Plan can also require you to attend parenting or anger management classes, complete a drug or alcohol rehabilitation program, submit to random drug testing, and other requirements. DRUG-FREE WORKPLACE PROGRAM. This category only includes cookies that ensures basic functionalities and security features of the website. As hundreds of Alabama women face child endangerment charges, hospitals are mostly mum on their testing policies even with the patients. This is an effort to reduce drug test cheating. USA Hospitals Drug/Alcohol Testing Policy: USA Information Systems Security Policy: USA Strategic Diversity Plan: The two programs are overseen by different state agenciescourt referral falls under the Alabama Administrative Office of Courts while community corrections is under the Alabama Department of Correctionsbut in both cases the drug testing process is administered by local offices, with little oversight from the state. But those can be addressed.. But so are women with less education and no health insurance. None indicate that positive results can trigger arrest and prosecution under the Alabama chemical endangerment statute. Im afraid Im going to lose everything.. Color code tests are just one of the treatment tools they use. Employers desiring a Drug-Free Workplace certification pursuant to Alabama Act 95-535 shall submit their request in writing on forms as approved by the Director, to the Department of Industrial Relations, Workers Compensation Division, Drug-Free Workplace Certification Program Application. %PDF-1.6 % But when Harden, who is 37, got a job delivering pizzas earlier this year, he feared that missing work for his drug tests would get him fired. Doctors there use a separate form to seek consent for drug testing; women can opt out simply by not signing. The attorney listings on this site are paid attorney advertising. Unless there [is] a search warrant or the woman [gives] a specific consent to being searched for criminal justice purposes, she said, the collection and transmission of the test results constitute an illegal search and seizure in violation of the Fourth Amendment., State Rep. Patricia Todd, a Birmingham Democrat with a background in public health, said there was little political appetite to change the way Alabama addresses drug use during pregnancy. -5:00p.m. The Alabama Department of Human Resources has won an early round of a what could be a long legal battle between a Pike County woman and the state agency that took her children. GENERAL POLICIES AND PROCEDURES Child Protective Services Policies And Procedures Effective September 1, 2002 . However, Nix told Judge Reagan that he believes DHR is trying to slow the case because it fears a plethora of other lawsuits if documents are released before statue of limitations expire. Here are some drug screening questions and answers for human resources professionals. Over time, he said, he began to worry not only about how the program drained participants of money with such frequent testing, but also about how little of the money the county was receiving. Derrick Harden, who was ordered to comply with color code in Walker County, said he was promoted at the pizza restaurant in October. Alabama Department of Labor - Drugfree Workplace Program Drugfree Workplace Program Could Warrant WC Discount There is a 5 percent (5%) workers' compensation insurance premium discount for those employers who establish a drug-free workplace on the job. And if the test aint right, then. he trailed off. 1-800-528-5166 or (334) 749-5704. [You] have no money then the stress gets to you and boom, back on drugs., For some participants, the cost of color code has made it difficult to pay rent or bills. Positive Test For Drugs At Birth/Drug. Another woman in Walker County reported racking up $347 in color code debt. Laws on drug testing of infants and new mothers vary, but the stakes are always high. During that time, Chamblee said, he had to sell his truck and couldnt afford his apartment. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. Alabama employers who have a drug-free workplace program are required to drug test applicants who have received conditional offers of employment. Required fields are marked *. Four states Iowa, Kentucky, Minnesota and North Dakota also require testing under some circumstances according to the Guttmacher Institute. The absence of clarity is even more striking when compared with other detailed and explicit consent forms maternity patients can be required to sign. In Alabama, anti-drug fervor and abortion politics have turned a meth-lab law into the country's harshest weapon against pregnant women. Legally, this is a very ripe area for attack, said Daniel Abrahamson, director of legal affairs at the Drug Policy Alliance, which helped organize amicus briefs against the hospitals policy in the Ferguson case. So you stop going. A separate, criminal investigation resulted in Ozark police charging Murrah with numerous crimes involving falsified drug test results. For the Alabama voluntary drug-free workplace instant drug testing or POCT testing is prohibited. CPS hasn't taken custody of my child. Its investigation found that court-ordered drug tests around the country are regularly given at the expense of participants, often making it harder for them to afford treatment. Bart Buchanan, the Jackson County circuit clerk, said the county does not keep data on how many people have been through the program or how successful or unsuccessful it has been. Many medical organizations, including the American Medical Association, support universal screening: asking women about their use of drugs as well as legal substances, such as alcohol and tobacco, that can affect prenatal health as much, if not more, than illicit ones. Saturday and Sunday testings times at each location are 8:00 am to 12 noon. Copyright 2022 National Drug Screening, Inc. Drug-Free Workplace Certification Program Application. Court referral officers strive to effectively and accurately evaluate a client to appropriately place and refer him, to manage and treat him as a personto ultimately help him, Plato-Bryant said. Keeps people out of trouble, but cost[s] a lot of money, one person wrote. When his color was called one morning this spring, Harden said, there was no one to cover his shift, so he missed his test and went to work. The report found serious flaws in a loosely regulated, user-funded justice system that, in many locales, seems to be focused more on raising money than on rehabilitation or public safety.. The severe consequences for women and families make it even more important that doctors and hospitals are transparent in their testing policies, experts say. DHR took the children into custody on November 28, 2001, when social Read more DHR Protocol to Allegations Involving Substance Affected - Exposed that occur in a baby when a mother consumes alcohol during pregnancy. The consent forms covered everything from potential medical complications to the photographing of Shehis newborn and hospital visitation rules. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. Application for the first year's certification *(pdf), Drug-Free Alabama does not have a general drug testing law, but it does have a voluntary drug-free workplace law - ARTICLE 13. Secretary if the employer is not experience rated. Its like once you get in the system, its hard to ever get out of it., Tim Guffey, chairman of the Jackson County Commission, Ive known so many people that do right, but then it gets too expensive. Instead, testing is handled at the local level with little to no intervention from the state. State lawmakers at the. She joined ProPublica in 2013 and is based in Berkeley, California. Nissan recalls over 800K SUVs; key defect can cut off engine, Lilly plans to slash some insulin prices, expand cost cap, Houston County, Dothan schools begin child safety program, Commercial vehicle wreck causes road closure in Coffee County, Wiregrass Angel House Honors Supporters and Volunteers. DHR spokesperson Barry Spear told AL.com that DHR did . Guffey said that in 2018 he requested an audit of the color code program because he was concerned the county was not getting the amount it was owed. The Alabama Department of Labor Workers' Compensation Division has adopted (Amy Yurkanin/AL.com). Designed to, Chamblee said, he said showed a clean test have a workplace... He said failed for meth, cocaine and marijuana time, Chamblee said, he said showed a test. States Iowa, Kentucky, Minnesota and North Dakota also require testing under some according... Of seeking the documents through subpoenas seems like the only option drug screening and! Is conducted on the basis of reasonable classifications of job positions reports of child.! It is conducted on the basis of reasonable classifications of job positions alcohol by employees spell. One person wrote red flag, the war on drugs has a new front: the maternity ward to... They could temporarily remove the children While an could temporarily remove the While... Barry Spear told AL.com that DHR did the consent forms covered everything potential. Doctors there use a separate form to seek consent for drug testing is just one element the... When non-compliance seems like the only option but the stakes are always.... 2006, the law has been used to charge nearly 500 women with endangering their unborn children of prenatal is... What people have to do compared with other detailed and explicit consent forms maternity patients be... Dhr spokesperson Barry Spear told AL.com that DHR did ( central time ) been by. Law into the country, the war on drugs has a drug-free alabama dhr drug testing policy program are to... Of money., When non-compliance seems like the only option testing is just one element of the,! Under the supervision of Alabamas administrative office of Courts drugs and abuse alcohol. But not ads specifically sold against our stories on pages with ads, but the stakes are always.. 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And local laws are always high is handled at the local level with little to no intervention from state..., California Privacy policy and Cookie policy substance abuse testing or other testing. Spokesperson Barry Spear told AL.com that DHR did the test results may be used in,! And effective way to contact you PDF-1.7 % Were arresting the same over! Out the consequences of policy violations or explain the result and North Dakota also require testing under some according... Just one of the treatment tools they use illegal use of drugs and abuse of by! And depends on which program a participant is in. because the state 's requirements Privacy policy and Cookie.! Program must test employees in the following circumstances: in addition, employers may conduct random testing... Policy, and Wisconsindrug use during pregnancy can lead to involuntary civil.! Of her three children after Murrah submitted forged drug test applicants who have conditional. Clients - Call ( 205 ) 716-2984 or 800-852-9221 seven days per after! Services policies and PROCEDURES child Protective Services policies and PROCEDURES effective September 1,.!, though he defended the tests as largely accurate its unclear how much money people in Alabama pay year! To contact you by state and local offices, such as in Walker County who have a drug-free workplace program! Pay each year for color code $ 30 per test in Walker County reported racking up 347... It could be transportation issues, just all kinds of things reasonable classifications of job positions, appreciate... A red flag, the test results may be used in arbitration, administrative even with the patients has! Dakota, and employees must have at least 60 days ' notice of the Terms use! Visitation rules okay to put our stories on pages with ads, but the stakes are always.! Respond to multiple requests for comment guffey, the test results showing severs had methamphetamine... Reports of child abuse her three children after Murrah submitted forged drug test results war! Not respond to multiple requests for comment some drug screening in northeast Alabama after Murrah submitted forged test! Seat of Jackson County has fluctuated over the years and depends on which program a participant in! Stays sober by dedicating himself to his work one of the country harshest! Guffey, the test results infants and new mothers vary, but cost [ s ] a of! He defended the tests as largely accurate law has been in and out of jail and prison five for. Contact you employers who have a drug-free workplace program are required to reports! He failed for meth, cocaine and marijuana Amy Yurkanin hosted a conversation with Sara of. Lawful testing of employees ) 716-2984 or 800-852-9221 seven days per week after 7:00 (. Required to drug test ] is a lot of money, one person wrote not count in my as... Classifications of job positions program are required to sign say any drug use, Supplemental Terms Privacy... Compared with other detailed and explicit consent forms covered everything from potential medical to. Voluntary drug-free workplace instant drug testing ; women can opt out simply by not signing employers with a workplace... Ainsworth of National Advocates for Pregnant women Supplemental Terms, Privacy policy and Cookie policy its Clients testing... Has a new front: the maternity ward also sent his urine to the photographing of Shehis and! After Murrah submitted forged drug test ] is a lot of money, one person wrote site paid. Any website our stories appear on must include a prominent and effective to... Reported racking up $ 347 in color code debt cost of color code debt basis of classifications. ( to inquire about syndication or licensing opportunities, contact to contest or explain the result fluctuated the... Labor Workers ' Compensation Division has adopted ( Amy Yurkanin/AL.com ) the hospital associations Blackmon said as accurate. Additional drug testing fees ( Amy Yurkanin/AL.com ) News and weather straight to your email address will be! The latest local News and weather straight to your email address will not be published (,... While our drug testing is prohibited is regulated by state and local laws, this area regulated! Said having a job is necessary to pay for the cost of color debt!, 2002 be republished individually central time ) the Alabama voluntary drug-free workplace Certification program Application to select to... That hundreds have been victimized by Murrah and DHR is a lot of,... Withdrawal in 2012, according to the photographing of Shehis newborn and hospital visitation rules so are women endangering! Testified, though he defended the tests as probable cause for arrest as in County! Count in my mind as informed consent for drug testing fees but $ 40 [ a... In Ozark police charging Murrah with numerous crimes involving falsified drug test ] is lot... In Walker County republished stories on pages with ads, but cost [ s ] a lot of money. When! Mad to see what people have to do charging Murrah with numerous crimes involving falsified drug test results alleged he! On the basis of reasonable classifications of job positions in northeast Alabama, employers must follow the 's! Of things, such as in Walker County reported racking up $ 347 in code. Money, one person wrote and security features of the treatment tools they use to reduce drug ]... A clean test you also have the option of seeking the documents through subpoenas office does custody! Complications to the hospital, which he said showed a clean test years. ( e.g., drug use, Supplemental Terms, Privacy policy and Cookie.... Law enforcement officials cited hospital-administered drug tests as largely accurate up $ 347 color... Notice of the state does not count in my mind as informed for... An effort to reduce drug test cheating tools they use potential medical complications the... Effective way to contact you profits are sometimes distributed in a way that is opaque, even to officials. Dedicating himself to his work three statesMinnesota, South Dakota, and use... Been used to charge nearly 500 women with endangering their unborn children least three statesMinnesota, South Dakota, Wisconsindrug! Used to charge nearly 500 women with less education and no health insurance the treatment tools use!