2011 TMA Legislative Accomplishments

Enacted the following legislation:

• Enacted tort reform that establishes caps on non-economic damages in medical malpractice cases.
• Reinstated peer review protections that had existed for years but had been placed in doubt pursuant to a 2010 Tennessee Supreme Court decision.
• Permit hospitals and medical staffs to extend the requirement to sign verbal orders to up to 14 days after the order if a read back provision and documentation of the read back in the patient record is used.
• Established regulatory oversight of pain management clinics by the Department of Health with significant, potential penalties for clinics and health care providers who ignore the law.
• Require all appropriate health care providers providing services in community-based settings to be more transparent about their license and professional capability by wearing a photo ID or supplying a document to a new patient reflecting the provider’s name and professional title.
• Standardized the restrictive covenants for physicians, whether employed by a group medical practice or a hospital.
• Authorized the Board of Medical Examiners, working in collaboration with the Board of Nursing and Committee on Physician Assistants, to study and recommend a standard of care for hormone replacement therapy and the promulgation of rules addressing any identified deficiencies in the oversight or delivery of such therapy.
• Supported the Tennessee Hospital Association in passage of the assessment fee that prevented the bulk of projected TennCare provider cuts.
• Mitigated recommendations for initial TennCare provider cuts for delivery of C-Sections and assessment of non-emergent conditions in the emergency room.

Prevented the following bills from passing:

• Passage of a medical marijuana law in the state
• Enactment of a nursing home corporate practice of medicine exemption that would have allowed nursing homes to employ physicians without any safeguards.
• Expansion of the scope of practice for alcohol and drug counselors that would have added diagnosis to their professional responsibilities
• Liberalization of statutes that provide some restriction on patients directly accessing physical therapy without first being diagnosed by a medical doctor.
• Broadening use of the term, Advanced Practice Nurse, that would have expanded prescribing privileges to non-nurse practitioners.
• Prescribing privileges to psychologists
• Voluntary use of helmets by adults riding on a motorcycle
• Establishment of regulatory oversight by the Board for Licensing Health Care Facilities for elective outpatient cosmetic surgical procedures
• Establishment of regulatory oversight by the Board for Licensing Health Care Facilities of providers who deliver interventional pain management services.

Bills that TMA opposed that were ultimately amended so that TMA was either supportive or neutral with the final legislation:

• Assured fast track licensing for spouses of military personnel but who must still meet minimum state requirements for licensure
•  Streamlined access to the Controlled substances Monitoring Database by law enforcement but with necessary safeguards still in place and established renewed focus by the boards of licensees who may be abusing their prescribing privileges.

Organized medicine had a great legislative year in 2011 in the Tennessee General Assembly!!