STATE MEMBER BOARD BRIEFS

Iowa Board of Medicine Denies Petition to Amend Rule on Sexual Misconduct by Physicians

The Iowa Board of Medicine has denied a petition to amend the Board's administrative rule that defines sexual misconduct by a physician.

The petition, filed by Jill Cirivello of Bettendorf, Iowa, on July 10, 2015, asserted that the rule, Iowa Administrative Code 653–13.7(4), was overly broad and overreaching and that the Board was not able to provide substantial evidence that the rule is necessary for the protection of patients.

The petition also called for the prohibition of polygraph testing in Board investigations. In statements made to the Board on July 10 and August 28, 2015, and in information contained in the petition, Cirivello referenced action taken by the Board in 2005 concerning her late husband, who was investigated for allegations of sexual misconduct and ordered to submit to a sexual misconduct evaluation. When the physician refused to submit to the evaluation because it included polygraph testing, the Board suspended the physician's medical license.

The Board's rule maintains that it is unprofessional and unethical conduct, and is the grounds for disciplinary action, for a physician to engage in any sexual conduct with a patient, the patient's guardian if the patient is a minor, or a former patient unless the physician-patient relationship was completely terminated before the sexual conduct occurred.

The Board issued a formal order on September 10, 2015, setting forth the reasons for the denial. The Board said the rule is consistent with national ethical standards on physician-patient relationships and recognizes that because physicians have a superior position of power in the physician-patient relationship it is difficult for the patient to give meaningful consent to a sexual relationship with the physician. Further, the Board expressed that it does not use polygraph testing, but utilizes nationally recognized evaluation programs that determine the appropriate testing.

Source: Iowa Board of Medicine news release, September 16, 2015

North Carolina Adds Position for Physician Assistant Member on State Medical Board

Governor Pat McCrory of North Carolina has signed HB 724 into law, adding a dedicated seat for a physician assistant member to the North Carolina Medical Board and bringing the total number of Board seats to 13.

Previously, state law dedicated one North Carolina Board seat for either a physician assistant or a nurse practitioner. Under HB 724, each profession will have a dedicated seat. The current makeup of the Board is eight physicians, one nurse practitioner and three public members.

Source: North Carolina Medical Board website announcement, August 12, 2015

Oregon Legislature Passes New Law on Insurance Coverage for Use of Video in Patient Visits

Starting January 1, 2016, health insurance companies must pay for any two-way video medical and mental health visits for Oregon patients if the service would be covered when provided in person. The new law was passed by Oregon's state legislature in June.

To be eligible for coverage, the visit must be medically necessary and meet generally accepted health care standards and privacy and security laws.

Coverage is subject to the terms and conditions of the benefit plan and reimbursement specified in the contract between the plan and the provider.

Previously, video consultations were only required to be reimbursed when the patient was in a clinic or hospital video conference facility.

Source: Oregon Medical Board Update, Summer 2015

Occupational Regulatory Programs Transferred to Texas Medical Board

Four occupational regulatory programs are being transferred to the Texas Medical Board this fall from the Department of State Health Services in Texas. Two programs, medical radiologic technologists and respiratory care practitioners, will have oversight from advisory boards appointed by the governor. The other two programs, medical physicists and perfusionists, will have oversight from two advisory committees appointed by the Texas Medical Board president.

These changes stem from Senate Bill 202, which includes recommendations on occupational regulation from the Sunset Commission to the 84th Legislature in Texas.

Source: Texas Medical Board Newsletter, August 2015

Mindfulness Training Now Being Offered for Physicians in Washington

The Washington Medical Quality Assurance Commission (WMQAC) reports that physicians in the state who are impacted by professional burnout have a new resource to help: special workshops to help them develop coping skills, improve resilience and limit their susceptibility to the factors that result in burnout.

Research has consistently shown that hours worked, number of patient visits/day, and call frequency are all correlated with the prevalence of physician burnout feelings of dissatisfaction with one's professional work life. The American Medical Association calls it a major issue for U.S. physicians.

To address the problem, the WMQAC is promoting new workshops hosted by the Washington Physicians Health Program (WPHP) that equip health care providers with new burnout-reducing skills centered on the concept of “mindfulness” — a coping mechanism that evolved through eastern spiritual traditions.

According to the WMQAC, learning and implementing the practice of mindfulness meditation can combat and prevent the development of burnout in health care providers. The WPHP “Mindfulness for Health-care Professionals” course is designed to promote mental health by engaging the mind and the body through experiential learning. The WPHP program incorporates five behavioral components: breathing awareness, body scan, walking meditation, eating meditation, and yoga.

To learn more please call 206-583-0127.

Source: Washington Medical Quality Assurance Commission Update! Fall 2015