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Health Care Through Litigation
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In the AMA eVoice newsletter of May 14, 2010, J. James Rohack, M.D. reports that "physicians and patients in Oregon received good news last month when their governor vetoed legislation that would have allowed psychologists to prescribe psychotropic medication. Without the veto, Oregon would have become the third state to give prescribing authority to psychologists."

Says Dr. Rohack, M.D., "There's no doubt that nonphysician health care providers play an integral role in the delivery of health care in the United States. For our nation's health care system to work at its highest levels, all health care professionals must work together, with each playing the role they have been educated and trained to play. As many of you know, however, there continue to be overly aggressive attempts by some groups to perform services outside of their education and training. This is the point when the threat of health and safety falls upon the patients."

Using the Oregon psychologists as an example, the AMA president reports "...it's one instance of many where organized medicine has worked together to ensure that legislators—and governors—know the stakes about inappropriate scope-of-practice efforts. By working together, the AMA and organized medicine have been able to secure quite a few victories for patients."

Citing their "victories" in Alaska, in West Virginia, in Alabama, in Wyoming, and in Oregon the AMA president continues "it's important to note that every one of these wins I've mentioned has been a shared effort among state societies, medical specialty societies and the AMA. The AMA Advocacy Resource Center (ARC) has been tracking more than 300 of these cases in 38 different states on every type of nonphysician provider scope-of-practice legislation since the beginning of this year."

"ARC staff and the Scope of Practice Partnership (SOPP)—a collaboration comprised of more than 80 state and medical specialty organizations to help address such issues at the state level—are monitoring what happens and acting on it daily from coast to coast."

"In addition to providing background information on particular cases to state legislators, they help people like you reach out to your legislative colleagues" the AMA reports.   "ARC staff collaborate regularly with their state and specialty counterparts to provide legislative analysis, develop communications and advocacy resources, and convene the SOPP so you have the needed influence of thousands of advocates on your side. All you have to do is ask."

"But quite possibly its most important undertaking is developing the necessary tools and resources specific to your own state to help make your case when attempting to defeat inappropriate bills. And if the ARC doesn't have the right resources at the time you request them, its staff will take the time to create them and make sure you're fully equipped."

"Among its wide array of offerings, the ARC's Geographic Mapping Initiative and Scope of Practice Data Series modules rank at the top in terms of effectiveness. The AMA GeoMapping initiative compares the true geographic distribution of all health care professionals in a particular state—both the locations of practicing physicians and nonphysicians. So when a nonphysician group claims that they provide all of the rural care in a state, one look at the GeoMap shows that physicians and nonphysicians tend to practice in the same large, urban areas."

The AMA, however continues to claim superiority of education:  "but the qualifications of each professional can get a little confusing at times. That's why the AMA created 10 Scope of Practice Data Series modules to closely examine the education, training and licensure of each particular health care profession. These tools are available for use in legislative and regulatory advocacy today.  There are clear differences between a physician and a nonphysician provider when it comes to education, training and licensure."

The AMA president concludes that "we can't do our jobs if everyone else doesn't do theirs.The wonderful part is that everyone has a role—a unique role, I might add—to play. And when everyone works together, our patients reap the benefits."

In a related article found HERE Rebecca J. Patchin, M.D., chair of the AMA Board of Trustees, reports "As a result of settlements in 2009, patients and physicians are now beginning to reap the rewards of more than 10 years of effort by the Litigation Center of the American Medical Association and the State Medical Societies..."a few examples of the more than 200 cases the Litigation Center has participated in since its inception in 1995. Whether it is through financial grants, in-kind services, or amicus support, the Litigation Center continues to serve AMA physicians and address the issues that are most important to them. During this time of change, it is important for all of us to remember that the battle for reform of America's health care system is not only being waged in Congress and the White House, but also in courtrooms across the country."

Her key observation:  "...support from an organization as large as the AMA plays a vital role in helping physicians level the playing field."



 
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