Dangerous Expansion to Podiatry?

From: Pam Udall
To: unlisted-recipients: ; no To-header on input
Sent: Monday, March 28, 2005 12:05 PM
Subject: TMA HOTLINE:Voice Your Opposition to the Expansion of Podiatry


TMA Legislative News Hotline
Monday, March 28, 2005

Busy Week Ahead for Medicine

The House and Senate offices will be closed today in observance of Easter. However, once legislators get back in town tomorrow, medicine is slated for a busy week. We have a lot of controversial bills that will be heard this week, ranging from scope of practice to physician ownership. TMA will be calling on you to help head off dangerous legislation for medicine.

Voice Your Opposition to the Expansion of Podiatry

The physicians of Texas, including physicians of all specialties, stand united in opposition to Senate Bill 460 by Sen. Kenneth Armbrister (D-Victoria). SB 460 would allow podiatrists to perform surgery and other procedures on the ankle and related structures in the human body.

Passing SB 460 into law would place the safety of patients into jeopardy. To protect the public, the scope of practice of allied health care professionals must be limited by their education, training, and skills. Podiatrists are foot doctors. They have only one year of training following attendance at a podiatric program. That year of training requires no instruction in surgery. By contrast, orthopedic surgeons are physicians who have more than five years of specialized surgical training beyond medical school. SB 460 will be heard Tuesday in the Senate Health and Human Services Committee.



Physician Ownership Bill Being Heard Tuesday
Tomorrow the Senate Health and Human Services Committee is hearing SB 872 sponsored by Sen. Jane Nelson (R-Flower Mound). SB 872 requires written disclosure and directs the state to perform a study on the impact of niche hospitals. TMA supports the legislation in its current form. However, the bill is in grave danger of being hijacked by the Texas Hospital Association (THA), which is recommending that provisions of SB 1622 by Sen. Jon Lindsay (R-Houston) be incorporated into Nelson’s bill.

Provisions THA wants included in SB 872 include:

· Implementation of a two-year moratorium on patient referrals by physicians to a health care facility in which they — or a family member/business partner — have an interest if the facility was not in operation as of Sept. 1, 2005;

· Application of the legislation to ownership in ambulatory surgery centers and imaging centers; and
· Mandatory reporting of physician ownership interests in health care facilities to the Texas State Board of Medical Examiners and the Texas Department of State Health Services.

TMA strongly opposes efforts to limit investment opportunities for physicians such as ownership of facilities, equipment, and services to certain types of providers. TMA also agrees that physicians should disclose to patients any ownership interest in a facility or service and that physician-owned entities should adhere to all state and federal regulations, provide appropriate credentialing of physicians and clinical and support staff, monitor utilization and quality, and adhere to relevant TMA and American Medical Association ethical guidelines.

TMA needs you to take action today. Please contact your representative. For talking points, go to TMA’s Grassroots Action Center.

Workers’ Compensation Reform
Rep. Burt Solomons’ (R-Carrollton) House Bill 7 that would reform the workers’ compensation program is up for a floor vote in the House of Representatives on Wednesday. TMA has been working closely with Representative Solomons and his staff and offered 11 amendments to ensure the bill provides access to quality care for injured workers. TMA is telling legislators that any workers’ compensation delivery system must include the same standards for patient protections, prompt payment, and adequacy of networks that state law requires of commercial insurance companies regulated by the Texas Department of Insurance.

Physician Employment Discussed on Wednesday
On Wednesday, HB 1456 by Rep. Tracy King (D-Batesville) will be heard in the House Committee on County Affairs. HB 1456 relates to the authority of the board of directors of the Maverick County Hospital district to employ health care providers. TMA is adamantly opposed to efforts by hospital to employ physicians. Hospitals already have numerous mechanisms in place to contract with physicians. Authorizing the employment of physicians could have a detrimental impact on patient care.

What’s Going Down at the Capitol? — The End of Your Practice as You Know It
Mark your calendar for April 5, when First Tuesdays at the Capitol ramps up again. This will be the third time this session that physicians and alliance members descend upon the Capitol to educate their representatives about the issues impacting medicine. Sign up today. It does make a difference when medicine shows up at the Capitol. Representatives and senators from both parties have pointed out that “those white coats” and alliance members in their offices and in the gallery helped pass our historic tort reform and tough prompt pay law in 2003. Contact your county medical society (CMS), or register online at www.texmed.org/ata/tae/first_tuesdays05.asp. Either way, check with your CMS for possible bus transportation.

Even if you can’t get to Austin for First Tuesdays, schedule an appointment NOW with your legislators. Contact their local offices, especially if you’re not able to go to the Capitol.

Physician of the Day
Beverly Nuckols, MD, of New Braunfels is a 1990 graduate of The University of Texas Health Science Center at San Antonio. She is a member of the Comal County Medical Society, TMA, and AMA. All physicians of the day are members of the Texas Academy of Family Physicians.

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Texas Medical Association
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