AAPA objects to proposed HHS “conscience” rule
The Department of Health and Human Services (HHS) is proposing a rule to expand the ability of health care providers to refuse to perform health care services because of religious, ethical, or other convictions. In a letter to HHS Secretary Michael O. Leavitt, AAPA expressed its strong objection to the proposed HHS rule (Provider Conscience Regulation/RIN 0991-AB48) and urged that it be withdrawn immediately.
“The overly broad rule would expand the ability of health care entities, health care professionals, and other ancillary staff to refuse to perform health care services, and to refuse to provide information or a referral to another location where the patient may receive the service, because of religious, moral, ethical or other convictions,” AAPA Executive Vice President/CEO Bill Leinweber stated in the letter. “AAPA's public policy is firmly grounded in the premise that patients come first and that expanded access to clinically appropriate, quality medical care is paramount,” Leinweber wrote. “AAPA's Guidelines for Ethical Conduct for the Physician Assistant Profession establish firm parameters for professional behavior when the physician assistant's moral views are in conflict with the treatment or care sought by the patient.”
Guidelines for Ethical Conduct state that PAs “are professionally and ethically committed to providing nondiscriminatory care to all patients. While they are not expected to ignore their personal values, scientific or ethical standards, or the law, they should not allow other personal beliefs to restrict access to patient care.”
“The AAPA policy offers balance,” Leinweber wrote in the letter to HHS. “It makes it clear that physician assistants have the right to step away from providing a health care service that violates [their] moral or religious beliefs, but the PA has the responsibility to refer the patient to another qualified provider. The PA's right to withdraw from services cannot be used as a pretext for denying the patient's right to clinically appropriate medical care.”
AARP coalition seeks health care affordability
Divided We Fail is a nonpartisan movement committed to amplifying the voices of those who believe that health care and long-term financial security are the most pressing issues facing the nation. The effort is being led by AARP, the Business Roundtable, and the Service Employees International Union and is supported by a broad range of organizations, including 80 national medical and health care groups such as AAPA, the American Academy of Family Physicians, the American Hospital Association, and the American Academy of Pediatrics. To learn more, visit the coalition at www.aarp.org/issues/ dividedwefail.
DEA drafts e-prescribing rule for controlled substances
On June 27, 2008, the Drug Enforcement Administration (DEA) issued a notice of a proposed rule to allow practitioners to write electronic prescriptions for controlled medications. The proposed regulations would also permit pharmacies to receive, dispense, and archive these electronic prescriptions.
The rule contained an explanation of the proposed processes required to ensure the authentication of the prescriber, acceptance of the prescription, and integrity of the record keeping process. Each practitioner's identity must be verified through an in-person process before the practitioner may use an electronic system to prescribe controlled substances. The proposed system would allow the prescriber's identity to be verified by the credentialing office of a DEA-registered hospital, the state professional licensing board or state-controlled substance authority that authorized the practitioner to prescribe controlled substances, or by a state or local law enforcement office. In order to access the system and write an electronic prescription, the practitioner would be required to authenticate using a two-factor authentication process, which would involve using a device such as a smart card, token or thumb drive containing a digital certificate and a password.
While the projected system has the potential to improve patient access to care, reduce medical errors, and assist the DEA in its ongoing efforts to address abuse and diversion, some provisions of the proposal may conflict with existing laws that regulate PA practice. AAPA has asked the DEA to revise certain requirements in the proposed rule. As a result of the draft rules, Academy staff will also be working with constituent chapter leadership to ensure that state laws will not create a barrier for implementation of the electronic system.