November 2003

2003 Election: New Jersey Surgeons Win a Battle but Lose the War

OB-GYN Ruth Schultze from Valley Hospital rallies north Jersey physicians for Operation House Call.

Assemblyman-Elect William Baroni (R-14)

As reported in the October issue of ACS Cross Country, members of the New Jersey ACS Chapter came out in strong support of the state medical society's Operation House Call. Assembly members in seven key legislative districts were targeted by the medical society in this extensive door-to-door public education campaign. While William Baroni (R-14) was successful in his Assembly election bid, other closely contested state legislative races did not go as well. The final election results across the state did not produce a legislative majority of tort reform supporters. However, Operation House Call successfully demonstrated to legislators that surgeons are now a force to be reckoned with and that they are willing and able to take their message directly to patients. For more information about how your chapter can sponsor a similar voter education campaign for 2004, please contact Chris Gallagher at cgallagher@facs.org.

GOP Goes 3 for 4 in 2003 Gubernatorial-Related Elections

Republicans took control of the governorship in three key states this fall. In California, Arnold Schwarzenegger took the oath of office November 17 after being elected Governor during a special October 7 recall election, which ousted Democrat Gray Davis. Republicans also grabbed the top state job in Kentucky and Mississippi with wins by Reps. Ernie Fletcher, MD, and Haley Barbour, respectively. Both are viewed as positive developments for medical liability reform efforts in states where physicians continue to face high premiums for liability coverage. In Louisiana, Democrats regained control of the Governor's mansion when the state's current Lieutenant Governor Kathleen Blanco (D) defeated former Bush Administration member Bobby Jindal (R). For more information, contact Jon Sutton at jsutton@facs.org. When Kentucky Governor-Elect Ernie Fletcher, MD, (pictured to the right) takes office in January 2004, he will be the only physician serving in a state's top executive job. Former Governors Howard Dean, MD (D-VT) and John Kitzhaber, MD (D-OR), who both left office this past January, were the last physicians to occupy statehouses.

ACS/Specialty Societies To Petition AMA HOD on Guidelines for Physician Expert Witnesses

The College, in conjunction with a number of surgical specialty societies, will be submitting a resolution (10K PDF) regarding physician expert witness standards for the upcoming December meeting of the American Medical Association's (AMA's) House of Delegates. While the AMA does have policy on qualifications for expert witnesses, it has yet to adopt a specific set of guidelines for behavior of these individuals. In brief, the resolution calls for the AMA to adopt: (1) guidelines for behavior of expert witnesses that mirror those contained in the College's Statement on the Physician Expert Witness; and (2) a policy that physician expert witnesses must be board certified in a specialty relevant to the alleged injury or error. For more information, contact Jon Sutton at jsutton@facs.org.

ACS Board of Regents Approves Patient Safety Principles for Office-Based Surgery

On October 19, the College's Board of Regents approved 10 fundamental patient safety principles, which should govern physicians performing office-based surgery (OBS) utilizing moderate, deep,or general anesthesia. The ACS adopted principles, based on a document crafted by over 35 organizations during a March 17 ACS/AMA coordinated consensus conference on the issue, address: proper patient selection and informed consent criteria; facility accreditation; emergency transfer protocols; physician training and competency including board certification; and guidelines for both physician and medical personnel regarding training in emergency resuscitative techniques.

The impetus for development of the OBS principles resulted from a College-sponsored resolution brought before the AMA's House of Delegates during its December 2002meeting. AMA's Board of Trustees will consider formal adoption of the ACS-approved principles during their December meeting, which will take place in conjunction with the Interim Meeting of the House of Delegates. For more information, contact Chris Gallagher at cgallagher@facs.org.

Past Issues of ACS Cross Country:

October 2003

ACS State Affairs

Division of Advocacy and Health Policy

Jon H. Sutton Manager, State Affairs Chicago Headquarters 312-202-5358 jsutton@facs.org

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by the American College of Surgeons, Chicago, IL 60611-3211