Page 14 - HCMA Bulletin Summer 2021

Government Affairs Committee
2021 Legislative Update
Eva Crooke, MD
Chair, HCMA Government Affairs Committee eva.austin@gmail.com
The HCMA and FMA help you prac- tice medicine by working year-round with lawmakers to make sure both pa- tients and physicians are protected from harmful legislation in our state while supporting legislation that advances the practice of good medicine and quality patient care. Your HCMA Government Affairs Committee met with many of our local legislators and their staff to address
several priority issues. This year, 3140 bills were introduced and 2632 amendments filed in the 2021 Regular Session of the Florida legislature. 275 bills passed both chambers. Below are some of the important highlights:
Favorable legislation that passed:
Civil Liability for Damages Relating to COVID-19 (SB 72) – This legislation enacts specific provisions for COVID-19 related claims against healthcare providers that arise from the diagno- sis or treatment of COVID-19, the failure to diagnose or treat a patient for COVID-19, transmission of COVID-19, or delay or cancellation of procedures or surgery due to government-issued health standards. The bill also established affirmative defenses for healthcare providers and a shorter statute of limitations. This bill was signed by Governor DeSantis at the end of March.
Consent for Pelvic Examinations (SB 716, HB 361) – Last year’s pelvic exam bill required written consent for pelvic exami- nations and created confusion and uncertainty with vague lan- guage. The law added a significant burden onto physicians and practices. This year, the law was amended to clarify the definition of pelvic examination and to return the bill to its original intent requiring written consent only for a pelvic examination complet- ed on an anesthetized female patient. The new law will take effect July 1, 2021.
Unfavorable legislation that was defeated:
APRN Specialty Practice (HB 111) – This bill would have al- lowed APRNs and CRNAs to advertise and practice as medical specialists without any physician supervision.
PA Autonomous Practice (SB 894, HB 431) – This bill would have allowed PAs to practice medicine without physician supervi- sion.
Psychologist Prescribing (SB 160, HB 687) – This bill would have allowed psychologists full prescriptive authority, including controlled substances.
Optometrist Laser Surgery (SB 876, HB 631) – This bill would have allowed optometrists to perform certain laser and non-laser ophthalmic surgeries approved by the Board of Optometry.
Pharmacist Independent Vaccination Authority (SB 898, HB 1063) – This bill would have removed the current legal require- ment that pharmacists who administer vaccines must do so un- der a written protocol with a supervising physician.
Limitation in Medical Payments (SB 846, HB 561) – This bill would have limited physician payments for patient care related to injuries caused by businesses’ negligence in an attempt to limit their own liability for these injuries.
Wrongful Death (SB 1112, HB 651) – This bill would have re- moved the exemption of medical malpractice cases from Florida’s wrongful death statute, which would have increased both the number of lawsuits and the cost of insurance premiums.
NICA Amendments (SB 1786) – This amendment would have increased the number of medical liability lawsuits brought against physicians and forced most doctors to pay a higher annual NICA assessment.
Is there a Doctor in the House?
On April 15th there was! During the 2021 Legislative Session Dr. Michael Cromer spent a day in Tallahassee serving as the Doctor of the Day. Representative Susan Valdes sponsored Dr. Cromer who also had an opportunity to meet the Speaker of the House, Representative Chris Sprowls.
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HCMA BULLETIN, Vol 67, No. 1 – Summer 2021