D.O. Day at the Legislature
Issues of most concern:
Senator Carolyn Allen introduced SB 1018 Burden of Proof; Emergency Treatment to enhance access by Arizona citizens to emergency care in hospitals. SB 1018 establishes a clear and convincing standard of proof for liability cases falling under carefully defined conditions, which reflect the criteria of the Emergency Medical Treatment and Active Labor Act (EMTALA), a federal mandate upon hospitals.
Recommendation to legislators:
Support Senate Bill (SB) 1018 – Burden of Proof; Emergency Treatment.
We believe that this standard is justified and good public policy for many reasons the care given is episodic and no physician-patient relationship has been established
- Physicians and other licensed health care professionals have no prior knowledge of the patient, who in many instances cannot communicate or is not represented due to the nature of the emergency
- Prior medical records may not be available or may not exist, including histories of allergies, drug interactions or medications currently in use
- The care given must be immediate and necessary to diagnose and stabilize the patient
- The care given is compulsory as, by law, hospitals and physicians cannot opt out of providing care.
By addressing these issues with the clear and convincing burden of proof, we hope to see more physicians willing to take call in the emergency room and greater access to emergency care for Arizonans. Similar legislation was passed in Arizona in 1990 with respect to emergency obstetrical deliveries. It appears to have worked well and with good outcomes.
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Tom Bennett, D.O., left, and AOMA President Charles Finch, D.O., FACOEP discuss the issues that they want to cover at the AOMA D.O. Day at the Legislature Event.
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Left to right: Scott Steingard, D.O.; Sharon Steingard, D.O.; Peggy Altamura; Arlene England, D.O. and Michael Altamura, D.O.
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Arizona's Osteopathic Medical Students show up to have their voice heard.
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Left to right: Speaker of the House, James P. Weiers, Republican-District 10; Representative Jerry Weiers, Republican-District 12; Senator Barbara Leff, Republican - District 11 and James J. Dearing, D.O.
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Left to right: Howard M. Shulman, D. O.; Senator Robert Blendu, Republican – District 12; Stephen G. Protas, D.O. and David Bell D.O.
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D.O. Day at the Legislature
March 17, 2009
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