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Political Update The only portion of the bill that was somewhat controversial was the section granting health care providers authority to prescribe or dispense naloxone to a friend or family member of an individual at risk of experiencing an opioid-related overdose. The concern was that giving naloxone to the friends of an at-risk individual might give them a false sense of security and actually encourage risky behavior. However, naloxone is known to precipitate withdrawal in individuals receiving opioids, making them extremely miserable. Pharmacist Administering Flu Shots to Children Under current law, pharmacists may administer injectable immunizations, biologicals and other medications to individuals over the age of 18. In the 2011-2012 session of the General Assembly, Rep. Seth Grove (R-York) introduced legislation that would have eliminated any minimum age restriction from the existing law. PAMED opposed the bill on patient safety grounds, as did all of the primary care physician specialties, and the bill died without any legislative action. In the current session, Senate Bill 819, introduced by Sen. Ted Erickson (R-Delaware), would permit pharmacists to administer flu shots only to children ages seven and older. PAMED now supports Senate Bill 819. In its original form, the bill would have authorized pharmacists to administer all childhood immunizations, a proposal that again faced strong opposition from PAMED and physician specialty societies. However, limiting the bill’s scope to flu shots has eased those concerns to some degree, and there’s a chance that the bill will be enacted this fall.
acupuncturist would continue, as before, to be required to obtain a medical diagnosis before continuing treatment beyond 60 days. The requirement of a medical diagnosis after 60 days when a patient is being treated for a condition is essential for patient safety. For example, lower back pain could be caused by any number of serious conditions, including cancer. The 60-day diagnosis requirement provides assurance that serious underlying conditions are discovered sooner rather than later. The language of the new law is consistent with current law, while clarifying the provision that wellness patients who present no symptoms of a condition may be seen beyond 60 days without a referral for a medical diagnosis. Act 134 also adds a provision requiring acupuncturists to carry liability insurance coverage. Non-Compete Clauses in Physician Employment Contracts Another pro-patient initiative is House Bill 2342, which would prohibit employers from including non-compete clauses in physician employment contracts. Such clauses prohibit physicians who leave an employer from practicing nearby for several years, forcing patients to seek a new physician and potentially disrupting their treatment. Law firms are ethically prohibited from using non-compete clauses in employment contracts, and physician employers should be too. (Updates compiled by MCMS staff from Pennsylvania Medical Society sources. For updates on legislative and regulatory matters, visit the PAMED web site, www.pamedsoc.org and read the Weekly Capital Update.)
Physician Dispensing in Workers Compensation A bill that stands a decent chance of being signed into law this year is House Bill 1846, which would place restrictions on reimbursements for physician dispensing in workers compensation. Introduced by Rep. Marguerite Quinn (R-Bucks), the bill has been amended in both the House and the Senate, where it currently resides, and could well be amended again before it reaches Gov. Corbett’s desk. However, as of this writing physician reimbursements for drugs dispensed to workers compensation patients would be capped at 110 percent of the original manufacturer’s average wholesale price, and reimbursement for most drugs would be limited to 20 days. Tighter restrictions would be placed on reimbursements for Schedule II and III controlled substances, with seven-day limits for both unless surgery is required, which would trigger an additional 15 days of reimbursement for Schedule II drugs. The legislation is intended to address the soaring costs of dispensing in workers compensation. Acupuncture Bill Signed Into Law Senate Bill 990, which amends the Acupuncture Licensure Act, was signed into law by Gov. Corbett on Sept. 24. Now known as Act 134, Senate Bill 990 clarifies the existing provision of the Act that permits acupuncturists to administer to those who visit them beyond 60 days without obtaining a medical diagnosis from a physician, dentist or podiatrist, as long as the person is not being treated for a condition. Under the law, if a person presents any symptoms of a condition, the MCMS
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