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WCMS 2015 House of Delegates Resolution Results

IMPROVING TRANSPARENCY FOR MEDICAL LEGISLATION BY DR. JAMES SZOCIK

69-15 - IMPROVING LEGISLATIVE TRANSPARENCY – AMEND

THE COMMITTEE AMENDED THE RESOLVED PORTION(S) TO READ:

RESOLVED: THAT MSMS SUPPORT AND ADVOCATE FOR FURTHER TRANSPARENCY IN THE LEGISLATIVE PROCESS, INCLUDING THE SOURCE OF LEGISLATION, LANGUAGE REVISIONS, AND EACH REPRESENTATIVE’S VOTE. BY STRIKING THE OTHER RESOLVED PORTIONS OF THE RESOLUTION, THE COMMITTEE BELIEVED THAT THE INTENT OF THE AUTHOR TO PROMOTE BETTER TRANSPARENCY FROM THE LEGISLATIVE PROCESS REMAINS WITHOUT BEING TOO PRESCRIPTIVE.

THE COMMITTEE CONCURS THAT TRANSPARENCY IS AN IMPORTANT GOAL TO HAVE BUT ONE THAT MAY BE DIFFICULT TO ACHIEVE. MAINTAINING THE GENERAL INTENT PROVIDES A CLEAR OBJECTIVE TO MSMS, WHILE RETAINING AN APPROPRIATE DEGREE OF FLEXIBILITY WITH WHICH TO ACHIEVE IT.

SUPPORT OF SUICIDE PREVENTION AWARENESS AND EDUCATION BY DR. NEIL ELKIN

70-15 - SUICIDE PREVENTION AWARENESS AND EDUCATION - AMEND

COMMITTEE AMENDED THE RESOLVED PORTION(S) TO READ:

RESOLVED: THAT MSMS SUPPORT EFFORTS TO RAISE AWARENESS ABOUT THE RISING RATE AND DEVASTATING TOLL OF SUICIDE; AND BE IT FURTHER

RESOLVED: THAT MSMS SUPPORT SUICIDE PREVENTION EDUCATION FOR ALL PHYSICIANS, RESIDENTS, MEDICAL STUDENTS, AND ALLIED HEALTH PROFESSIONALS; AND BE IT FURTHER

RESOLVED: THAT MSMS ENCOURAGE ALL PHYSICIANS TO BE ACTIVELY ENGAGED IN SUICIDE PREVENTION AWARENESS WITH THEIR PATIENTS AND COLLEAGUES; AND BE IT FURTHER

RESOLVED: THAT MSMS SUPPORT EFFORTS TO INCREASE RESEARCH ASSOCIATED WITH SUICIDES AS WELL AS SUPPORT EFFORTS TO REDUCE LIABILITY FOR THOSE WHO PROVIDE SUICIDE PREVENTION CARE.

THE COMMITTEE WAS EXTREMELY SUPPORTIVE OF THE RESOLUTION. THE COMMITTEE MOVED TO PROVIDE AN ADDITIONAL RESOLVE THAT FOCUSED ON TWO PARTS:   THE FIRST SECTION WORKS TOWARDS INCREASING RESEARCH WITH REGARDS TO SUICIDE PREVENTION. THE INTENT IS TO ENSURE WE CONTINUE TO COLLECT BETTER STATISTICS AND DATA IN ORDER TO CONTINUE TO PREVENT SUICIDES. THE SECOND SECTION AIMS TO REDUCE LIABILITY FOR THOSE WHO PROVIDE SUICIDE PREVENTION CARE.

BROADENED CONFLICT OF INTEREST BY DR. JAMES SZOCIK

40-15 - BROADEN CONFLICT OF INTEREST DISCLOSURE – AMEND

THE COMMITTEE AMENDED THE RESOLVED PORTION(S) TO READ:

RESOLVED: THAT MSMS AND THE AMERICAN MEDICAL ASSOCIATION WORK WITH ACCME AND AOA TO BROADEN THE CONFLICT OF INTEREST DISCLOSURE AND MANAGEMENT OF CONFLICT OF INTEREST TO INCLUDE ALL FORMS OF FUNDING, INCLUDING, BUT NOT LIMITED TO: EMPLOYERS, CORPORATIONS, DRUG COMPANIES, GOVERNMENTAL ENTITIES (E.G., NATIONAL INSTITUTES OF HEALTH), FOUNDATIONS, SPEAKER’S BUREAUS, SPEAKING ENGAGEMENTS, AND UNIVERSITIES.

THE COMMITTEE AGREED WITH THE AUTHOR’S INTENT, BUT WANTED TO PROVIDE A MORE SPECIFIC AVENUE SO MSMS AND AMA WILL WORK THROUGH UTILIZING THE PROPER GOVERNING BODIES OF CME.

MAINTENANCE OF CERTIFICATION CONFLICT OF INTEREST WRITTEN BY DR. SZOCIK

 37-15 - MAINTENANCE OF CERTIFICATION CONFLICT OF INTEREST – AMEND

THE COMMITTEE AMENDED THE RESOLVED PORTION(S) TO READ:

RESOLVED: THAT MSMS WORK WITH THE AMERICAN MEDICAL ASSOCIATION TO WORK WITH ANY ORGANIZATION GRANTING MAINTENANCE OF CERTIFICATION TO ENSURE THAT THE PROCESS IS THE LEAST BURDENSOME, FINANCIALLY AND TIME-WISE, ON MEDICAL PRACTITIONERS; AND BE IT FURTHER

RESOLVED: THAT MSMS WORK WITH THE AMERICAN MEDICAL ASSOCIATION TO ADVOCATE THAT ANY ORGANIZATIONS GRANTING MAINTENANCE OF CERTIFICATION RECOGNIZE THEIR INHERENT CONFLICT OF INTEREST IN PROMOTING AND MAINTAINING A COMPLICATED AND EXPENSIVE CERTIFICATION PROCESS, REQUIRING LARGE FEES AND ONEROUS EXAM SCHEDULES; AND BE IT FURTHER

RESOLVED: THAT MSMS WORK WITH THE AMERICAN MEDICAL ASSOCIATION (AMA) TO ENCOURAGE MEMBERS OF THE AMA HOUSE OF DELEGATES TO OBJECT TO ANY ATTEMPTS BY THIRD PARTIES TO REQUIRE MAINTENANCE OF CERTIFICATION AS A CONDITION OF PARTICIPATION OR PAYMENT. THE COMMITTEE SUPPORTED THE CONCEPTS CONTAINED IN THIS RESOLUTION THAT MEDICAL SPECIALTY BOARDS HAVE A SIGNIFICANT FINANCIAL CONFLICT OF INTEREST IN TERMS OF PURSUING MAINTENANCE OF CERTIFICATION (MOC) REQUIREMENTS.

THE COMMITTEE WAS INFORMED THAT THE AMA HAS ALREADY TAKEN ACTION TO OPPOSE MOC. THE RESOLUTION WAS MODIFIED TO ALLOW FOR THE CHANGE TO MSMS POLICY WHILE ALLOWING MSMS TO WORK WITH THE AMA TO ACHIEVE THIS GOAL WHILE NOT REQUIRING MSMS TO TAKE THIS RESOLUTION BACK TO THE AMA TO SIMPLY HAVE IT AFFIRMED AS EXISTING POLICY.

OTHER RESOLUTIONS SUBMITTED BY INDIVIDUAL MEMBERS OF WCMS INCLUDE:

 ELECTRONIC DATA RECORDS FOR LEGISLATORS SUBMITTED BY DR. JAMES SZOCIK, AS AN INDIVIDUAL

 39-15 - ELECTRONIC DATA RECORDS FOR LEGISLATORS - DISAPPROVE

THE COMMITTEE RESPECTS THE CONTENTION OF THE AUTHOR THAT LEGISLATORS AND ADMINISTRATORS SHOULD BE WILLING TO BE HELD TO THE SAME STANDARDS THEY HOLD THOSE WHO THEY LEGISLATE OR REGULATE. FURTHERMORE, MANY PHYSICIANS WOULD AGREE THAT POLICYMAKERS MIGHT BE LESS CAVALIER ABOUT THE REQUIREMENTS THEY IMPOSE ON OTHER PROFESSIONS IF THEY WERE HELD TO THE NAME REQUIREMENTS. HOWEVER, THE COMMITTEE REALIZES THAT THE LIKELIHOOD OF ACCOMPLISHING THIS RESOLUTION IS REMOTE. ADDITIONALLY, THE COMMITTEE CONSIDERED THAT THE NATURE OF THE LEGISLATIVE PROCESS DOES NOT ALWAYS PERMIT LEGISLATORS TO ADHERE TO THE REQUIREMENTS SET FORTH IN THE RESOLUTION. THE COMMITTEE DOES NOT WISH TO REQUIRE STAFF TO EXPEND LIMITED RESOURCES ON AN ENDEAVOR THAT IS SO UNLIKELY TO BE SUCCESSFUL.

DISCOURAGING POLITICAL ACTIVITY IN PHYSICIAN OFFICES, SUBMITTED BY DR. CHERYL FARMER, AS AN INDIVIDUAL

76-16 - DISCOURAGING POLITICAL ACTIVITY IN PHYSICIAN OFFICES – DISAPPROVE

THE COMMITTEE BELIEVES THIS WOULD BE AN INFRINGEMENT OF THE FREEDOM OF SPEECH CLAUSE OF THE FIRST AMENDMENT OF THE CONSTITUTION OF THE UNITED STATES OF AMERICA.

INFORMED CONSENT PRIOR TO ADMINISTRATION OF MEDICINE WHICH MAY HASTEN DEATH, AUTHORED BY DR. MICHAEL SIMON, AND SUBMITTED BY DR. CHERYL FARMER

77-15 – INFORMED CONSENT PRIOR TO ADMINISTRATION OF MEDICATION WHICH MAY HASTEN DEATH - DISAPPROVE

THERE WAS NO OTHER SUPPORT FOR RESOLUTION 77-15 PRESENTED TO THE COMMITTEE OTHER THAN THE AUTHOR’S TESTIMONY. THE COMMITTEE WAS CONCERNED THAT THE LANGUAGE WAS TOO VAGUE AND COULD BE EASILY MISCONSTRUED. MORE IMPORTANTLY, THE PROPOSED POLICY CONFLICTS WITH EXISTING MSMS POLICY (SEE BELOW).

MSMS STRONGLY ENDORSES THE PRINCIPLE OF INFORMED CONSENT FOR MEDICAL TREATMENT. PATIENTS HAVE A RIGHT TO PARTICIPATE IN DECISIONS REGARDING THEIR HEALTH CARE TO THE EXTENT THAT THEY WISH; AND THEY HAVE A RIGHT TO THE INFORMATION NECESSARY FOR MEANINGFUL PARTICIPATION. MSMS POSITION ON INFORMED CONSENT. HOWEVER, A RIGHT TO THE INFORMATION NECESSARY TO PARTICIPATE TO THE EXTENT THAT THE PATIENT DESIRES DOES NOT IMPLY THAT PATIENTS SHOULD BE FORCED TO ACCEPT INFORMATION DEEMED RELEVANT BY AN OUTSIDE PARTY. RESPECT FOR PATIENT’S RIGHTS ENTAILS RESPECTING A PATIENT’S DESIRES TO RECEIVE OR NOT RECEIVE PARTICULAR ITEMS OF INFORMATION. IN ORDER TO RESPECT PATIENTS’ RIGHTS IN A COMPASSIONATE MANNER, INFORMATION DISCLOSURE SHOULD BE TAILORED TO THE PARTICULAR NEEDS AND DESIRES OF THE PARTICULAR PATIENT. MSMS OPPOSES REGULATORY INTERFERENCE IN THE PHYSICIAN-PATIENT RELATIONSHIP, EITHER TO PROHIBIT THE PHYSICIAN FROM DISCUSSING CERTAIN INFORMATION, OR REQUIRING THAT CERTAIN INFORMATION BE DISCLOSED IN ALL CASES REGARDLESS OF PATIENT CIRCUMSTANCES. [EMPHASIS ADDED] MSMS ALSO BELIEVES THAT CURRENT LAW REQUIRES INFORMED CONSENT FOR ALL MEDICAL TREATMENT AND OFFERS ADEQUATE RECOURSE IF CONSENT IS NOT OBTAINED. THEREFORE, THE SOCIETY SEES NO NEED FOR SPECIFIC LEGISLATION MANDATING INFORMED CONSENT FOR PARTICULAR PROCEDURES OR DISEASES. (BOARD-SEPT 91) [EMPHASIS ADDED]

DISCOURAGING THE PROLIFERATION OF ‘CONCIERGE MEDICINE”, SUBMITTED BY DR. CHERYL FARMER, AS AN INDIVIDUAL

71-15 - DISCOURAGING THE PROLIFERATION OF "CONCIERGE MEDICINE" - DISAPPROVE

THE COMMITTEE PREFERRED LANGUAGE AS AMENDED IN RESOLUTION 23-15 THAT DIRECTS MSMS TO EDUCATE AND INFORM ITS MEMBERS ABOUT ALTERNATE PRACTICE MODELS INCLUDING DIRECTOR PRIMARY CARE CONTRACTS AND CONCIERGE MEDICINE.

A COMPLETE LIST OF THE 2015 HOUSE OF DELEGATES RESOLUTIONS CAN BE FOUND AT :

http://www.msms.org/Portals/0/Documents/MSMS/About_MSMS/House_of_Delegates/2015/2015_HOD_Resolutions_Final_Action_Summary.pdf

 

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