The Hawaii Legislature and Governor Josh Green, MD, have enacted significant legislation impacting Hawaii physicians. For a broad report on healthcare legislation enacted, see the Hawaii Medical Association 2024 Legislative Report. Provider Orders for Life Sustaining Treatment (POLST) Effective immediately, this measure (SB 2529) amends the definition of “patient’s provider” initiating POLST orders by removing language that requires the provider to “examine” the patient. Entities testifying in support of the amended law noted that this “examination” requirement often resulted in delays in completing and/or updating a patient’s POLST, particularly for patients in hospice care. The amended law recognizes that “POLST...
Three new laws impacting the practice of medicine were recently passed by the Alaska State legislature. Importantly, these laws are expected to be signed by the Governor but are not yet effective at the time of writing this post. Senate Bill 91: Telehealth and Multidisciplinary Care Teams. This new law expands HB 265 that was passed in 2022. The changes now allow out-of-state physicians and multidisciplinary care team members to provide telehealth services when an Alaskan needs to receive ongoing treatment or follow-up care for a suspected or diagnosed life-threatening condition. Senate Bill 45: Direct Healthcare Agreements. This new...
As it is every year, numerous pieces of legislation impacting physicians were signed into law in California in 2023. The following new health laws are particularly relevant to physician practices and medical professional liability. This alert is based on information obtained from the California Medical Association. All laws are effective January 1, 2024, unless otherwise noted. Allied Health Professionals: AB 1070 – Supervision of Physician Assistants: Exceptions Permits a physician and surgeon to supervise up to 8 physician assistants at one time if all the physician assistants are focused solely on performing in-home health evaluations to gather patient information and...
A number of new laws impacting the practice of medicine in Idaho have been enacted. MIEC encourages Idaho physicians to engage in the legislative process through organizations such as the Idaho Medical Association and the Idaho Coalition for Safe Healthcare. All new laws are effective July 1, 2024 unless noted otherwise. CONSENT Minor Consent: As previously reported, the Parental Rights in Medical Decision-Making Act largely eradicated an unemancipated minor’s authority to consent to medical care, as well as their right to confidentiality of that care. It also gives parents a private right of action against physicians if their right...
Hospitals must obtain written consent for pelvic and similar exams.
Centers for Medicare & Medicaid Services (CMS) recently announced new guidance for hospitals informed consent guidelines. Based on increasing concerns about the absence of informed patient consent prior to allowing practitioners or supervised medical, advanced practice provider, or other applicable students to perform training- and education-related examinations outside the medically necessary procedure (such as breast, pelvic, prostate, and rectal examinations), particularly on anesthetized patients, we are reinforcing hospitals’ informed consent obligations. CMS requires hospitals to first obtain and document informed consent from patients before performing sensitive examinations in all circumstances. Informed consent includes the right to refuse consent for sensitive...