New bill would hold VA employees responsible for unsafe practices

Dentist’s bad habits may be the cause of infections in 3 veterans.

DAYTON — Local and federal law enforcement officials could pursue charges against Veterans Health Administration employees who “willfully fail” to follow infection control practices if a bill announced Monday by U.S. Rep. Mike Turner becomes law.

Those employees could be fined up to $1,000 and imprisoned for up to one year, comparable to an assault charge, Turner said.

Turner said he’s introducing the bill in part to close a loophole in federal law, but also to ensure more accountability at the VA going forward following allegations of poor infection control practices in the Dayton VA Medical Center’s dental clinic.

The Dayton VA disclosed early this year that at least 535 veterans were put at risk between 1992 and July 2010 by a dentist who allegedly failed to change gloves and sterilize equipment between patients. The dentist, Dr. Dwight Pemberton, has denied those allegations.

At a press conference Monday at his Dayton congressional office at 120 W. Third St., Turner noted that Pemberton, 81, was able to retire “with full government benefits” and faces no disciplinary action.

“The VA has not been serious about holding its staff accountable for their actions,” Turner said.

If passed, the law would not be retroactive and could not be used to bring charges against those involved in the dental clinic scandal, Turner acknowledged.

The Department of Veterans Affairs declined comment Monday, saying it doesn’t comment on pending legislation.

The VA’s Office of Public Health and Environmental Hazards continues to conduct testing in a bid to learn if three veterans who tested newly positive for hepatitis contracted the disease at the dental clinic, a spokesman said. The testing could prove inconclusive.

Contact this reporter at (937) 225-7457 or bsutherly@DaytonDaily News.com.

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