At issue, 2007 September

Volume 2, Number 3

State of Georgia

September 2007

Brain Fingerprinting
A New Crime-Fighting Technology
By: Taryn M. Kirbo, Senior Policy Analyst

Stroke Care in
Georgia
By: Rachel L. Moore Senior Policy Analyst

W

hat is Brain Fingerprinting? Five Georgia Senators have joined the Study Committee on Brain Fingerprinting Technology, established by Senate Resolution 593, to discover the answer to this question. Chairman John

Douglas, alongside Senators Cecil Staton, Jeff Chapman, Nancy Schaefer,

and Doug Stoner, gathered in Henry County last month for the first of five

study committee meetings. There, Mr. Ernie Robson, President of Brain

Fingerprinting Laboratories and Brainwave Science, presented his

company's patented technology to the committee.

Essentially, brain fingerprinting is

a new technology that helps law enforcement

do its job a little better. Using

brainwaves rather than physical cues such

as sweat and heart rate, this system is

infinitely more effective than a polygraph

machine. Every criminal case turns up

specific details that only the

investigators and the guilty party

would recognize; brain fingerprinting

uses these details to identify the

presence of

guilty

knowledge, and

therefore identify the

correct suspect. When the brain

recognizes a word, picture, or other type

of cue, the brain gives an automatic recognition

response, called a P300 response. This response is

Dr. Larry Farwell

almost instantaneous, and there is no known way to

alter one's brainwaves. According to neuroscientist Dr. Lawrence Farwell,

the inventor, the P300 response is similar to an involuntary reflex.

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A

s the third most common cause of death in the United States,

behind only heart disease and

cancer, a stroke kills someone

approximately every three

minutes. A stroke is a

cardiovascular condition that

occurs when a blood vessel that

supplies blood and nutrients to

the brain bursts or becomes

excessively clogged. Besides

being a top killer, strokes are

also a leading cause of adult

disability. Of the more than

700,000 American stroke

victims each year, about a

quarter of them die and

between 15 to 30 percent

become permanently disabled,

resulting in direct and indirect

stroke care costs exceeding $51

billion annually.

Unfortunately, Georgians are disproportionately affected by this public health menace. As part of the "stroke belt," Georgia and other southeastern states experience significantly higher rates of stroke and stroke mortality than the rest of the nation. No one knows for certain what accounts for the higher rates of
(Continued on Page 3)

Page One

At Issue

Senate Research Office

Brain Fingerprinting (Continued from Page 1)

Brain fingerprinting has already The test is the result of

been used successfully in a criminal more than fifteen years of

case. An Iowa judge allowed the research; in fact, brain

admission of the results of a brain fingerprinting is proving

fingerprinting test that resulted in useful in the medical field.

the release of Mr. Terry

There is some evidence that

Harrington, a man wrongly

the test can be used as an

imprisoned for murder. This is a early warning system for

remarkable vote of confidence in degenerative brain diseases,

this technology, considering that such as Alzheimer's. Thus

polygraph test results are not

far, the test has proven

admissible in any court of law.

successful even when the

However, Iowa is the only state subject is under the influence of to the information displayed.

thus far to have allowed the usage of drugs or alcohol at the time of Therefore, an extremely tired test

brain fingerprinting in the

testing.

subject will not be able to

disposition of a criminal case.

successfully complete the testing

There are several known

process.

limitations on the technology.

Most importantly, brain

From a courtroom perspective,

fingerprinting is not an open- another issue with the admission of

ended process; the administrator brain fingerprinting evidence is

must test for specific details and constitutional: every criminal

facts in order for the system to defendant has the 5th Amendment

work. In other words, the test is right not to be compelled to testify

useful in determining the presence against himself, also known as the

Brain fingerprinting also has an or absence of certain information, right to avoid self-incrimination. It

advantage over DNA testing, which but it cannot read minds.

is crucial that a defendant's

is highly accurate but takes weeks

constitutional rights be respected

to complete. Brain fingerprinting Brain fingerprinting

results can be completed on the same day that the test is performed, with comparable accuracy so far.

also has an advantage over DNA testing, which

is highly accurate but

at every point in a criminal trial process in order to avoid a later challenge to the trial court decision, in the form of a lengthy and expensive appeals process.

A brain fingerprinting test is simple takes weeks to complete. Unfortunately, the brain

to administer, in addition to being Brain fingerprinting

fingerprinting technology is so

non-intrusive. The subject wears a headband designed to record his

results can be completed

new that the courts have not established a uniform procedure for

reaction to stimuli, ad sits in front of on the same day that

the admissibility of such evidence.

a computer screen that flashes

the test is performed,

However, it is important to note

information. The testing process involves taking a baseline reading by asking questions to which the

with comparable accuracy so far.

that the testing is completely voluntary, and an uncooperative test subject will nullify the results.

answers are "known," such as name,

address, etc. Then the test

Additionally, the test subject must There are also cost and training

administrator asks questions about cooperate with the administrator, issues associated with this

details of a crime to see whether the because the process requires the technology. The test

brain produces the telltale

subject to sit before a computer administrator must be extensively

recognition response.

screen and actively pay attention

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Senate Research Office

Stroke Care in Georgia (Continued from Page 1)

The committee's first meeting was Acute Stroke Life Support Training

held on August 15th at the Capitol. for three EMS regions and for

The members heard testimony about Coverdell associated hospitals,

current initiatives of the American enhancements in access to 911

Heart Association (AHA) and the

throughout the state, and public

Centers for Disease Control (CDC) education efforts such as the Signs and

aimed at creating a more effective Symptoms Campaign.

system of stroke care for our state.

Georgia is one of four states to At its second meeting on September

have received funding from the 20th, held at the Medical College of

CDC since 2001 for the Paul Georgia (MCG) in Augusta, the

Coverdell National Acute

committee heard from that

Stroke Registry. The purpose of this institution's faculty about their

registry is to gather data that may innovations in providing quality

ultimately be used to improve acute stroke care to rural patients. One

strokes and stroke deaths stroke care by helping to close the gap complication in the treatment of

among these states. Possible

between clinical guidelines and

stroke patients is the dearth of

explanations include disparities in practice. The Coverdell Registry is neurologists and stroke specialists in

access to medical care and higher

implemented by the Georgia

rural areas. According to Dr. David

incidences of behaviors associated with Department of Human Resources

Hess, one of the MCG neurologists

a higher stroke risk. According to the (DHR), Division of Public Health, and who testified before the committee, it

American Heart Association,

involves close to 50 hospitals

is critical for stroke victims to be seen

controllable risk factors for stroke throughout the state. Participating by a neurologist within the first three

include high blood pressure, tobacco hospitals receive training for their hours of the onset of symptoms. It is

use, high cholesterol, obesity, and

staff on emergency assessment and during this time that the decision

physical inactivity. Demographic

management of acute stroke, as well as must be made whether to administer

differences may also contribute to

ongoing feedback related to how well Tissue Plasminogen Activator (tPA),

higher stroke rates for this region. the hospital is meeting quality of care the only drug approved by the FDA

African-Americans are especially at indicators.

for the treatment of strokes. Attempts

risk for stroke, experiencing rates for

to either have a neurologist

first-time strokes and stroke mortality Dr. Michael Frankel, chief of

transported to a remote hospital or to

rates that are nearly twice as high as Neurology for Grady Health System transfer a rural patient to a facility

those for Caucasians.

and the lead neurologist for the

with a neurologist on call frequently

Georgia Coverdell Stroke Registry, fail to meet this three hour deadline.

In light of the tremendous toll strokes spoke before the committee on the As a result, only about two percent of

take on the citizens of this state, the AHA's Recommendations for the

Georgia stroke patients receive tPA.

Joint Study Committee on State

Establishment of Stroke Systems of Care

Stroke System of Care was formed this and of efforts to implement these

To better serve rural patients, Dr.

year to examine ways to most

provisions in Georgia. The

Hess and other MCG neurologists

effectively combat stroke. The

recommendations call for stroke care designed REACH, a hub and spoke

committee is co-chaired by Senator system coordination in each state to network that allows neurologists to

Don Thomas and Representative Don meet certain goals in areas such as remotely evaluate stroke patients that

Parsons, and members of the

Primary Prevention, EMS, Acute

otherwise would not receive timely

committee include Senators Gail

Stroke Treatment, and Rehabilitation. treatment. With REACH, when a

Davenport, Lee Hawkins, Horacena In our state, a task force that includes stroke patient arrives at a spoke

Tate, and Renee Unterman, and

DHR, the Georgia Hospital

hospital, the facility calls to alert an

Representatives Ed Rynders, Gene Association, and the Georgia

on-call neurologist affiliated with the

Maddox, Nikki Randall, and Cecily Emergency Management Association, hub hospital. Using a web browser

Hill. The committee has held two among others, is currently working to and webcam, the neurologist can then

hearings so far, with a third currently promote these goals through a variety diagnose and recommend treatment

planned to be held in Albany in

of initiatives. Accomplishments of the with a two-way consultation. Spoke

October.

Georgia Task Force so far include

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Senate Research Office

Stroke Care in Georgia (Continued from Page 3)

hospitals are equipped with portable and the surrounding area, and there afflicted patients. While strokes may

stations that allow the attending

are plans to implement the system in not be eradicated anytime soon, the

physicians and patient to see and

parts of South Carolina soon.

continued commitment of the medical

interact with the remote neurologist.

community and greater public

Because REACH is a web-based

Innovations in telemedicine such as understanding can do much to lessen

centralized service, on-call

the REACH program certainly hold the devastation wrought by this killer.

neurologists can perform evaluations promise for more effective treatment

anywhere in

of stroke Information for this article was

the world using any broadband internet connection.
Since its

patients in Georgia. However, a common theme throughout the

obtained from the Centers for Disease Control, the American Heart Association, the Department of Human Resources- Division of Public Health, and the National Stroke Association.

inception in

testimony of

2003, REACH has been used

medical
experts at Brain Fingerprinting

in nine rural

both of the

hospitals in

committee's

(Continued from Page 2)

East Georgia to

hearings has

been the

trained in order to correctly

communicate

urgent need interpret the results of the

with MCG

for patients procedure, which consist of

neurologists

and their brainwaves displayed on a graph.

for treatment of stroke patients. As a result, approximately 100 patients at these facilities have been treated with tPA, and the average "onset to treatment" time has been significantly reduced. Prior to 2003, about two-thirds of stroke victims who had been transferred to

loved ones to The testing is expensive because it

recognize the is a newly patented technology that

signs of stroke and to quickly seek only one company, Brain

medical attention. Stroke symptoms include sudden numbness or weakness of the face, arm, or leg (often on one side of the body); sudden confusion,

Fingerprinting Laboratories, has the legal right to administer. The states that choose to implement

trouble speaking, or understanding brain fingerprinting must use the

speech; sudden trouble seeing in one services of, and pay the costs

MCG from a rural emergency room or both eyes; sudden trouble walking, associated with, this one company.

arrived after the three hour interval in dizziness, loss of balance or

which tPA can be safely administered. coordination; and sudden severe

In the words of Mr. Robson,

Thanks to REACH, stroke patients at headaches with no known cause.

president of Brain Fingerprinting

the nine spoke hospitals in Georgia are now evaluated and treated within an average time of 129 minutes.
REACH has proven to be such a successful model that health systems in other states have sought to utilize this technology. In 2006, an initiative

According to the CDC, only about 17 percent of Americans recognize the major warning signs of a stroke and know to call 911 immediately. Sadly, even a short delay in seeking medical treatment can result in death or in severe long-term disability.

Laboratories, the purpose of using this technology within the legal system can be summed up easily: convict the guilty, exonerate the innocent. So far, brain fingerprinting has correctly identified the guilty knowledge in

of the New York Health Department Clearly, an emphasis on prevention every test performed, but the

implemented REACH throughout the and greater public awareness are

question remains as to whether

state, connecting 50 rural hospitals all critical in the fight against strokes. Georgia should consent to

across New York to neurologists at Also critical is collaboration among volunteering our judicial system to

hub facilities. REACH is also

health care systems to provide

currently used in Pensacola, Florida, consistent quality treatment to all

act as an experimental subject for this brand new technology.

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Senate Research Office

October Meetings of the Senate
State Lien Law Study Committee
Tuesday, October 2, 1:00 p.m./450 State Capitol
Healthcare Transformation Senate Study Committee Meeting
Wednesday, October 3, 1:30 p.m./Savannah
Cigarette Tax Evasion Study Committee
Thursday, October 4, 10:00 a.m./450 State Capitol
Shortage of Doctors and Nurses Senate Study Committee
Thursday, October 4, 9:00 a.m.-12:00 p.m./Georgia Southern University Thursday, October 25, 9:00 a.m.-12:00 p.m./Morehouse College of Medicine
Diabetes and Childhood Obesity Study Committee
Thursday, October 11, 8:00 a.m./450 State Capitol
Subcommittees of the Joint Fulton County Study Committee
Sheriff's Office Subcommittee
Monday, October 15, 12:00 p.m.-2:00 p.m./403 State Capitol
Court System Subcommittee
Thursday, October 18, 10:00 a.m.-1:00 p.m./230 State Capitol
County Commission Structure Subcommittee
Monday, October 22, 9:30 a.m.-12:00 p.m./403 State Capitol
State Stroke System of Care Joint Study Committee
Thursday, October 18 (Time TBA)/Albany
Senate Study Committee on EMS Recruitment, Retention and Training
Monday, October 22 (Time TBA)/Covington
Joint House and Senate Retirement Committees
Tuesday, October 23, 11:00 a.m./450 State Capitol
Use of Brain Fingerprinting Study Committee
Friday, October 26/The Historic Glynn County Courthouse
Increasing the Cargo Capacity at Georgia Ports Study Committee
Tuesday, October 30, 10:00 a.m./Lake Blackshear Resort
Rights Related to Reproductive & Genetic Technology Study Committee
Anticipated Meeting TBA
*All meetings are tentative