During a debate last year in the Health Regulation Committee, state Sen. Thad Altman stated that the practice of medicine was "under siege." Judging from the events last week in Tallahassee, it appears that Sen. Altman's comments were a bit understated. A number of bills that would have numerous negative effects on medical practice have surfaced recently.

The most notable event occurred in the Senate Health Regulation Committee. Despite ardent lobbying efforts by the Florida Medical Association (FMA) and the Florida Society of Ophthalmology (FSO), SB 330, which would allow optometrists to prescribe oral medications, passed by a 4-3 vote. The FMA and the FSO presented compelling testimony on why the bill presents a danger to public safety. FSO President Bradley Fouraker, MD, and Joshua Lenchus, DO, argued that optometrists do not have the education and training to safely prescribe oral medications, and they clearly articulated the dangers these medications present. Testifying for the optometrists was Alberto Aran, MD, an ophthalmologist from Miami, and William Soscia, MD, an ophthalmologist from Bradenton. Voting against the bill were Sens. Andy Gardiner, Don Gaetz and Eleanor Sobel. Please thank them for their support. Voting for the bill were Sens. Thad Altman, Mike Bennett, Dennis Jones and Al Lawson, Jr.

A better outcome occurred in the House Health Care Regulation Policy Committee, where HB 225, by Rep. John Legg, was temporarily postponed. Rep. Legg's bill would prohibit a physician from dispensing more than a 72-hour supply of Schedule II, III or IV controlled substances. The FMA has been working to delete this provision and find more targeted ways of controlling South Florida pill mill abuses. The committee members appeared to agree that this bill would negatively affect honest physicians, and they asked Rep. Legg to bring the bill back to the committee after meeting with the FMA and other interested groups.

Several other bills and issues emerged, which prompted an immediate FMA staff response:

SB 1606 (Sen. Chris Smith), HB 865 (Rep. Darryl Rouson): This bill would repeal the medical malpractice wrongful death exemption.

Sen. Stephen Wise proposed a bill that would essentially prevent a physician from entering into an enforceable arbitration agreement with his/her patient.

The Florida Association of Health Plans proposed legislation that would force physicians to join any Medicaid HMO that wanted them to participate at the Medicaid rate or suffer a 10-percent decrease in Medicaid reimbursement.

The Office of the Insurance Consumer Advocate, aided by the health insurance companies, is proposing legislation that would prohibit non-participating physicians from collecting their full charges when they see out-of-network patients on an emergency basis.

The FMA will have to expend a tremendous amount of energy and resources to ensure that these and other harmful bills do not become law, along with those that have yet to emerge.


Sincerely,

Miguel Machado, MD
Chair, FMA Council on Legislation