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Coronavirus (“COVID-19”) Strikes at the Scope of Medical Practice:

Governor DeSantis Prohibits Health Care Providers and Professionals

from Providing Medically Unnecessary Procedures

In response to the expanding population of Floridians who are or Interestingly, the Governor made no mention of medical marijuana
are expected to be infected with COVID-19, on Friday, 3/21, Governor treatment centers (“MMTCs) in the order. Rather, by its terms, Executive
Ron DeSantis issued Executive Order 20-72, “Non-essential Elective Order 20-52 applies to “hospitals, ambulatory surgical centers, office sur-
Medical Procedures”. The Governor previously issued Executive gery centers, dental, orthodontic and endodontic offices, and other
Order 20-52, wherein he determined COVID-19 has created a Public health care practitioners’ offices in the State of Florida.” It does not
Health Emergency in Florida. In his latest Executive Order, the appear that an MMTC fits into any of the categories of providers and pro-
Governor concludes, in relevant part, that all Florida health care fessionals addressed by the Governor.
providers and professionals - That is not to say someone, perhaps a zealous state or local official, will
seek to argue that MMTCs should be held to the same restrictions. In
are prohibited from providing any medically unnecessary, non-urgent or order for them to be included a plaintiff likely would have to demonstrate
that (i) an MMTC is providing health care procedures, and (ii) that with-
non-emergency procedure or surgery which, if delayed does not place a
holding/delaying medical marijuana would not endanger a patient’s
patient’s immediate health, safety, or well-being at risk, or will, if delayed,
health or contribute to a worsening of their condition. It is possible a
not contribute to the worsening of a serious or life-threatening medical
BY STEPHEN H. SIEGEL, plaintiff might demonstrate that in providing medical marijuana an
condition. Accordingly, all health care practitioners licensed in the State ESQ. MMTC is providing a health care procedure. However, under Florida’s
of Florida, including dentists, shall immediately cease performing these scheme for regulating medical marijuana it is difficult to anticipate a
elective services. plaintiff also would succeed in arguing that withholding something which has been
authorized by a physician to address a current medical or psychological condition
The impact of this Executive Order has yet to be evaluated. Clearly, some medical would not endanger that patient’s health or contribute to the worsening of their con-
specialties are likely to experience more significant business downturns than others. dition.
For example, plastic surgeons who focus on cosmetic surgery may have a difficult time COVID-19 raises almost daily questions that impact our health care delivery system
documenting many of their procedures cannot be delayed. In contrast, cardiac sur- and our medical and financial health. At the same time, this virus is raising legal issues
geons, and the facilities where they practice, may not be seriously impacted. that have not been previously considered. Just as you should rely on a physician who
Executive Order 20-52 should not be read as requiring health care providers and specializes in infectious diseases, a banker, or an accountant for guidance on address-
practitioners to cease all operations and close the doors. Indeed, nothing in the order ing those impacts (even if they do not have clear answers), so too you should turn to
relieves a health care professional of their existing duties and obligations. For exam- legal counsel who is working in the rapidly evolving area of the COVID-19/infectious
ple, there is nothing in Governor DeSantis’ order that suggests a physician may aban- disease law for guidance with questions concerning the impact of Executive Order 20-
don treatment of a patient. Moreover, in an instance where it can be shown that delay- 72 on your health care practice or business.
ing or postponing a patient’s procedure or surgery would either (i) “place a patient’s
immediate health, safety, or well-being at risk”, or (ii) “contribute to the worsening of Stephen H. Siegel, Esq., of Lubell/Rosen can be reached
a serious or life-threating medical condition”, the order explicitly authorizes the deliv- at shs@lubellrosen.com or (305) 655-3425.
ery of medically necessary, urgent, or emergency procedures and surgeries.

Cover Story: Thoughtful, Careful Planning and Strategies Has

Memorial Healthcare System Prepared for Influx of COVID-19 Patients

Continued from page 1
the normal ER process.” body's been working really hard to stay telemedicine consult at the website nificant other of a delivering mother, or
In addition, all staff who are potential- current with CDC and Department of www.memorialdocnow.com for patients one guardian with a pediatric patient. “In
ly evaluating those patients are trained in Health guidelines and to effectively coor- who believe they have contracted our nursing home, however, we institut-
the appropriate use of personal protec- dinate what is necessary.” COVID-19. (When prompted, enter the ed a strict no visitor policy because that's
tive equipment. Memorial is able to test around 400 coupon code “MemorialCares”). an exceptionally vulnerable population,”
“We're following CDC guidelines on patients per day internally with its cur- The health system has also been work- says Dr. Macaluso.
who needs to be tested,” explains Dr. rent test reagents. They run batch test- ing in collaboration with the Governor’s Finally, he adds that Memorial has
Macaluso. “We're really only trying to ing, so tests performed in the morning Office to help expand its COVID-19 test- been focused on the disinfecting and
admit patients who would otherwise are resulted in the afternoon. Tests ing by operating a drive-thru community cleaning of all of its facilities. The cafete-
require hospitalizations, such as severe batched in the afternoon are resulted the site for collection. rias are moving towards only pre-pack-
respiratory distress or patients who have next day. As more test reagents become “We tested 3,350 individuals during aged foods as opposed to the typical cafe-
other medical issues that would be com- available, Dr. Macaluso expects that the the first five days of operation at C.B. teria line.
promised if they were infected.” number of patients tested to be over Smith Park”,” says Dr. Macaluso. “It’s “Our big concerns right now, and we
Many of its corporate employees and 1,000 per day. been a collaborative effort with the State have talked to our partners in the state
support services have been instructed to “The current advice—for those who of Florida, National Guard, ourselves, and the governor's office, are about sup-
work from home if they have the capabil- believe they have contracted the virus and numerous other agencies in South ply shortages, personal protective equip-
ity to do so. through travel or contact with somebody Florida.” ment, intravenous fluids, and the avail-
“We're working with our IT depart- who tested positive, or if an individual Memorial made some adjustments to ability of testing kits,” Dr. Macaluso says.
ment to make sure that they have opti- with some underlying medical issue is its patient visitation policy. “If that could be solved that would be a
mal connectivity from their home to getting sick—is to contact their “For many years, we’ve embraced 24/7 huge benefit to us and the rest of the
facilitate that,” says Dr. Macaluso. provider,” says Dr. Macaluso. “That open visitation as part of our patient and community.”
Dr. Macaluso notes that Memorial has provider can then give them advice. If family-centered approach to care,” says
added a lot of communication on its that advice means that the patient should Dr. Macaluso. “However, because of the For more information, visit
external and internal websites to educate be seen at an emergency department, the concerns with this pandemic, we had to www.mhs.net/patients-
everyone on how to best manage this sit- provider will notify the emergency room adapt. Now, no visitors are allowed, visitors/coronavirus-disease.
uation. “Clearly it's fluid. We've been that they're sending a patient.” unless there is a special circumstance.”
advising people that as well. But every- Memorial has also waived its fee for a Exceptions include the spouse or sig-

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