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February 6, 2004
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Tallahassee Update

February 6, 2004-- Another busy "pre-session" week in Tallahassee, as action was taken on several issues, and many new issues arose for which I would like the input of FSTCS Board members.

Issues Acted Upon:

The House Health Committees gave preliminary approval to bills that would ban Ephedra and establish a statewide prescription database that physicians could access to prevent doctor shopping and check existing medications; while physicians could access the database, the pharmacies would be responsible for input (privacy concerns also were addressed).  HB 397

Reacting to organized medicine concerns that the bill would overregulate medicine, the senate Health, Aging and Long-Term Care Committee temporarily postponed a proposed physician licensure/profile bill.

Reacting to concerns from the American College of Physicians, the House Judiciary Committee temporarily postponed a bill that would eliminate the ability of family members to withdraw feeding tubes from vegetative patients unless a specific directive had been made by the patient authorizing the withdrawal of nutrition/hydration for that particular condition.  Is this an issue that FSTCS wants to join in on?

Developing Issues:

The ophthalmologists would like to introduce language that would require the operating surgeon to maintain primary responsibility for postoperative care for at least 14 days after a surgery.  What do you think?

Rep. Ritter is considering Assistant at Surgery language that would mandate payment for PAs, ARNPs and physicians as first assistants if covered by a plan.  Under current law, only ARNPs have such protection.  While not guaranteeing payment for all FA services, in my opinion this is a step in the right direction and consistent with our long-standing policy.

Rep. Greene has filed a bill (HB 811) to allow ARNPs to prescribe controlled substances.

Bills have been filed in both the House and Senate that would require hospitals to ensure that physicians providing trauma care are paid out of PIP funds.  These funds currently are taken by the hospital, leaving leftovers for the physicians.

With regard to CON issues, the Senate Health Committee passed a redrafted exemption bill that would do what last year's unconstitutionally passed bill would have done. In the House, measure to allow PCI in non-CON facilities with transfer agreements and other safety measures passed its first (the language was approved by the FSTCS Council last year).

I look forward to your comments, as we are being asked to weigh in on many of these issues.

Christopher L. Nuland, Esq.

 

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