incorrect logic from state to the same state

I'm following the "classic" example here with 3 states:
- Draft
- Review
- Publish

Only the editor/moderator can publish a node. So, user only has access to Draft and Review states.
When the content is approved and published by the moderator, user goes back and edits the content again. The transition from Published to Draft as well as Published to Review are available, but user now can see three workflow states and the "Publish" is currently active. Now, if user manually switched states from Publish to Draft or Review - the node will get unpublished by the action module, but if user make his/her changes to the content without changing the current state (Publish) - the content gets re-published without moderation. So, there is a problem... the "From/to" workflow is set the way that user can not publish content, so the "Publish" state should never be visible to the user in any case. If user goes back to edit already approved/published content - it should give him only those states that are available to him by the workflow setup... in my case Draft and Review.

Any ideas on how this problem can be avoided?

Thank you!

P.S. I found some info here http://drupal.org/node/86451 - I'll try the patches.