The Southern California Physician, March, 2002 |
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CALIFORNIA DELEGATION
Delmar Tonge, MD, and Hugh Vincent, MD, were re-elected as California
Delegation Chair and Vice-Chair, respectively. CMA past-president William
Plested, MD, will seek re-election to the AMA Board of Trustees at the
AMA's annual meeting in June 2002. The following Delegation members
retired at the conclusion of the Interim Meeting:
Publication of Scientifically Valid Research: Reaffirmed existing policy in lieu of a California resolution calling for the AMA to find it unethical to suppress publication or public presentation of scientifically valid research for economic or contractual reasons. (Res. 2) Reimbursement for Clinical Lab Work: Adopted, as amended, a California resolution which calls for the AMA to: (1) support the concept that a professional fee should be paid directly to the appropriate physician for clinical laboratory work, regardless of payor source; and (2) study the issues and problems in implementing the above policy with a report back at the 2002 Interim Meeting. (Res. 107) MSAs and Other Tax Reforms: Adopted, as amended, a California resolution which calls for the AMA to: (1) dedicate resources to promote advocacy for medical savings accounts, full tax deductibility for all medical expenses, and refundable tax credits and vouchers for medical insurance for low-income individuals; and (2) study the impact of eliminating the threshold for deductibility of medical expenses on federal income taxes, and recommend appropriate legislative action. (Res. 108) Access to Physician Prescribing Habits: Defeated a California resolution which asked the AMA to take necessary regulatory and legislative actions to prohibit profiling of physician prescribing habits (Res. 209). Adopted Board of Trustees Report 11: Physician Prescribing Data and Use of DEA Activities which calls for the AMA to: (1) develop best-practices guidelines addressing the use of physician-specific prescribing data to reinforce to the pharmaceutical industry the importance of responsible use of the data. These best-practices guidelines will then be attached to each AMA data license agreement; (2) encourage physicians to report aggressive or inappropriate activities by sales representatives to the AMA; and (3) continue its legislative efforts to limit use of the DEA numbers of federal agencies authorized to enforce the laws regarding manufacture, distribution, and dispensing of controlled substances. Reducing Burdens of CMA Accreditation and Documentation: Adopted a California resolution which asks the AMA to work with the Accreditation Council for Continuing Medical Education (ACCME) to simplify the requirements for documentation and administration of accredited CME programs. (Res. 304) DEHP Use in Neonatal Intensive Care Units: Adopted a substitute resolution asking the AMA to: (1) assist the FDA in communicating its safety assessment on the use of DEHP-containing devices to health providers and hospitals across the country; (2) urge the FDA to expedite its evaluation of ways to address the potential risks that may be associated with use of DEHP-containing devices in certain procedures, including the availability of medical devices made from alternatives to DEHP-containing PVC plastics, particularly for procedures performed on neonatal patients; and (3) monitor developments in this area, and respond as appropriate. (Res. 506) Drug, Diagnostic Agent, and Vaccine Shortages Adopted, as amended, the recommendations of Board of Trustees Report 7 and filed the remainder of the report, in lieu of a California resolution about vaccine shortages and unintended consequences (Res. 507). BOT Report 7 calls for the AMA to: (1) ask the Secretary of Health and Human Services to: (a) establish a departmental task force to explore the causes of drug, diagnostic agent, and vaccine shortages and maldistribution and to identify appropriate solutions to these problems (including liability, reimbursement, and availability to the most vulnerable populations) so that the health of the public is adequately protected. This task force should include (but is not limited to) representatives from the Food and Drug Administration (FDA), the Centers for Disease Control and Prevention (CDC), and the Agency for Health Care Research and Quality (AHRQ); (b) require this task force to seek the input of the pharmaceutical industry, wholesalers/distributors, physician and pharmacy organizations, and consumers in addressing the problem of drug, diagnostic agent, and vaccine shortages; and (c) as part of this initiative, commission one or more studies by an appropriate body of experts to identify and recommend solutions for the underlying breakdowns in the drug, diagnostic agent, and vaccine manufacturing and distribution systems that lead to shortages. (2) That the AMA reaffirm Policy H-100.980(c) (AMA Policy Database), "continue to affirm its support of an adequate budget for the FDA so as to favor the agency's ability to function efficiently and effectively." (3) That the AMA: (a) work with the FDA to expand the list of "medically necessary products" to be more inclusive of important medicines, vaccines, and diagnostic agents; and (b) urge the FDA to monitor production, inventory, and planned cessation of production of "medically necessary products" in order to more effectively intervene when the public health is threatened. (4) That the AMA work with the FDA to educate physicians on how to report potential drug and vaccine shortages to the Agency. (5) That the AMA, in collaboration with the Federation, the FDA, the CDC, the pharmaceutical industry, and pharmacy associations, determine the feasibility, including costs, of establishing an effective means to communicate timely information about drug and vaccine shortages, including information about alternative therapies, to physicians. (6) That the AMA report back to the House of Delegates at the 2002 Annual Meeting. Fiscal Notes: Adopted, as amended, a California resolution which requires that the fiscal note attached to every House of Delegates resolution be extended to include an explanation of how the cost of implementing the resolution was derived. (Res. 604) Legislative References: Defeated a California resolution which called for authors of articles, alerts, notices and other statements published by the AMA and its subsidiaries and components to provide complete and accurate references to laws, regulations, and legislation in process, which are the subject of, or are referred to or alluded to in, the discussion. The resolution further requested that AMA-related publications include such references in the body of, or as footnotes to such discussion. (Res. 605) Continuity of Care: Referred to the Board of Trustees a California resolution which calls for the AMA to adopt policy that health plans must maintain the willing and available physicians and physician groups, pharmaceuticals and hospitals which it advertised when a patient enrolled to the patient for the duration of the patient's contract, unless such physician, physician group or hospital is terminated for cause. (Res. 704) Physician Involvement in Disaster Preparedness: Adopted a substitute resolution calling for the AMA to urge the JCAHO to promulgate its revised Standard EC.1.4 on disaster preparedness which incorporates medical staff involvement. (Res. 807)
Ownership and Control of Digital Identities: Adopted the recommendation of Board of Trustees Report 10 and filed the remainder of the report. BOT Report 10 responds to Res. 610 (A-01), introduced by the California Delegation, and asks the AMA to policy and undertake related educational efforts to inform physicians that they should own and control their digital identities. The report recommends that the AMA continue to consult with the AMA Electronic Medical Advisory Committee and undertake educational efforts to inform physicians of the importance of protecting the ownership of their individually identifiable information used for authentication in an electronic environment. The report further recommends that the AMA continue to work with the appropriate standard developing organizations and other groups focusing on security and electronic authentication techniques to ensure the inclusion of physicians' perspectives, and that such standards are in compliance with state and federal regulations. Use of Physicians' Identity Data: Adopted, as amended, the recommendations of Board of Trustees 12 and filed the remainder of the report. BOT Report 12 responds to Res. 613 (A-01), introduced by the California Delegation, and asks the AMA to: (1) continue to exert its best efforts to ensure that all licensing of AMA physician and student data protect the privacy and confidentiality of member and non-member physicians and medical students; (2) proactively inform physicians and students with identity data in the Masterfile of their rights to elect "no contact" and report back at the 2002 Annual Meeting about the educational actions undertaken, definitions of "no contact" options, and the implications of selecting such options; (3) continue its current practice (effective since July 2001) to cease releasing physician Social Security numbers for any reason absent a national emergency; (4) continue to monitor collection and licensing of AMA Masterfile physician and medical student identity data and implement enhancements of Best Business Practices to try to minimize improper or inaccurate identity of a particular physician or student which might cause the physician or student substantial risk, economic loss, risk of identity theft or fraud; and (5) disclose publicly on the AMA website a general view of data elements collected in any AMA Masterfile along with the purpose, benefits, and types of firms that license the data. |
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