California
California Amends Law on Free Provision of Medical Records
California’s Assembly Bill (AB) 2520 has expanded existing law to allow a wider population of vulnerable patients access to their medical records.
Previously, the state’s Health and Safety Code allowed a patient or a patient’s representative access to their medical records at no cost when offering proof to support an appeal or eligibility for a public benefit program.
The new law was written to include free access of medical records to employees of a nonprofit legal-services entity representing a patient so they may obtain proof to support an appeal or eligibility for a public benefit program. It also broadens the term “healthcare provider” to include speech-language pathologists, audiologists, physician assistants, and nurse practitioners.
The law also prohibits providers from charging a fee when filling out forms or providing medical opinions to support an appeal or eligibility for a public benefit program. In reminding its licensees of the new law, the Medical Board of California warned that “willful violation of the patient’s access to their records may constitute unprofessional conduct and grounds for action by the [board].”
Source: Medical Board of California News, July 2021
MBC Quarterly Stakeholder Meeting Offers New Tool for Engagement Efforts
In an effort to increase the Medical Board of California’s engagement with the public, the Board has expanded its public stakeholder meetings, previously held once a year, so they occur on a quarterly basis.
The first of the Board’s quarterly Public Stakeholder Meetings was held April 21, 2021, via WebEx online meeting software, with close to 50 individuals from a variety of patient-safety advocacy groups, state departments, law groups and others attending.
According to the Board, the goal of the quarterly meetings will be to “expand communication with public stakeholders, respond to their questions, comments, and suggestions, and discuss ways for the Board to improve and form new coalitions with groups seeking to improve public protection in California.”
Guest speaker Bridget Gramme of the Center of Public Interest Law, a leading California-based consumer protection policy advocacy organization, gave a presentation at the first of the expanded meetings titled “Amplifying Public Voices: Transforming Public Comment into Meaningful Change” — which provided attendees tools and tactics to consider when interacting with the Board and pursuing change. Ms. Gramme also gave an overview of the Board’s authority and limitations to respond to certain public concerns.
The Board and its staff are now considering ways to address some of the issues raised at the first quarterly meeting.
“It’s very important for us to go back and consider everything that has been said, and to think of more constructive manners of engagement going forward,” said Board Executive Director Bill Prasifka.
A recording of the Public Stakeholder Meeting is available at the Board’s YouTube page, at https://www.youtube.com/watch?v=Zcyx-9Ic2Ic.
Source: Medical Board of California News, July 2021
Idaho
Regulation of Physician Assistants Updated by Legislation in Idaho
Idaho’s Senate Bill 1093, which went into effect July 1, 2021, delineates changes in the regulation of the practice of physician assistants (PAs) in the state – including allowing more generalized oversight of physician assistants. The new legislation is intended to improve access to care in rural and underserved areas and to reduce the administrative and regulatory burdens on PAs, physicians, hospitals and practice managers.
In order to maintain an appropriate level of PA oversight, the law outlines requirements for licensure and keeps the pre-existing structure of the state’s Physician Assistant Advisory Committee. The major change involves the removal of the individually named supervising and alternate supervising physician, replacing them with a collaborative practice agreement.
The requirements for oversight of PA practice have become less specific and fall into two basic categories: pre-existing licensing and credentialing processes or collaborative practice agreements. For licensed health care facilities with licensing, credentialing and oversight processes, the bylaws or procedures of that facility must define the degree and nature of collaboration between physician and PA. For those facilities or practices without these processes, a collaborative practice agreement must be written by either the employer, group or hospital service.
The law is nonspecific regarding requirements for the collaborative practice agreements, placing the responsibility on the facility or group to ensure that the medical services provided by the PA are within the PA’s scope of education, experience and competence.
The new law alleviates some of the administrative burden of PA oversight and allows individual facilities and groups to define collaborative PA and physician relationships as long as certain parameters are considered.
Source: The Report, Idaho State Board of Medicine, Summer 2021
Maine
Opioid Epidemic Continues to Grow in Maine; Overdose Deaths up 33%
The latest statistics from Maine’s Office of the Attorney General (OAG) paint a grim picture as the state continues to battle opioid use disorder.
A report issued by the OAG shows that 2020 was the deadliest year on record for drug overdoses in Maine. Drug overdose deaths in the state rose by 33% in 2020, compared to 2019, with the increase of deaths due to non-pharmaceutical fentanyl up by 30% during the same time period. The OAG confirmed that the overwhelming majority of drug overdoses were ruled as accidental manner of death and involved pharmaceutical opioids, non-pharmaceutical drugs, including combinations of fentanyl or fentanyl analogs, heroin, cocaine and methamphetamine.
In response to the crisis, Maine Governor Janet Mills has signed into law emergency legislation establishing an Accidental Drug Overdose Death Review Panel, to operate within OAG. The panel will be charged with reviewing a subset of overdose deaths in order to learn from the circumstances surrounding the deaths and adjust policies when needed, with the goal of reducing overdose deaths.
Source: Maine Board of Licensure in Medicine Newsletter, Summer 2021
Ohio
New CME Requirements on Duty to Report Required of Ohio Physicians
Physicians and other health care providers in Ohio are now required to complete one hour of continuing medical education (CME) on the topic of a licensee’s duty to report misconduct prior to licensure renewal. Enforcement of this requirement began with renewal applications submitted on or after July 1, 2021.
The State Medical Board of Ohio has created a one-hour course designed to educate licensees on duty-to-report requirements.
Licensees in Ohio who are discovered to have failed to report a colleague’s misconduct may be disciplined by the Board, up to and including permanent license revocation, and they may be ordered to pay fines up to $20,000. Examples of misconduct cited by the Board include, but are not limited to, sexual misconduct, impairment, practice below the minimal standards of care and improper prescribing of controlled substances.
Source: State Medical Board of Ohio eNews, June 2021
