Physician Voices for Patient Safety

What can you do?

  1. Email your Councilmembers
  2. Call your Councilmembers (numbers here and FAQ talking points here)
  3. Sign-on to our Council letter
  4. Sign-up for our townhall on April 22 (see below)
  5. Download and share our infographic
  6. Share this information with your colleagues


On this page:

About the bill
Impact on patients in DC
Impact of physicians in DC
What can you do?
Resources

About the bill

In November 2023, DC Health introduced B25-545, the Health Occupations Revisions General Amendment Act of 2023. This bill is a comprehensive rewrite of the law overseeing medical licensing and regulation in Washington, DC.

Unfortunately, the bill as written would overhaul scope of practice, place allied health professionals in oversight positions of medical licensing, and remove the physician from the center of the care team.

MSDC has long advocated that a physician is the most qualified professional at the head of a care team. Physicians have the most health education and pre-practice experience of any health professional, and thus must be involved in all but the most mundane health care decisions. Allied health professionals are a valuable part of the care team, but their medical education and experience limits their role.

The Medical Society of the District of Columbia (MSDC) is the leading voice for physicians in Washington, DC, committed to uniting physicians to advocate for physician-led health care in Washington, DC that protects patients from harm and increases access to quality care. MSDC is leading a coalition of Washington, DC specialty medical societies to advocate against the Health Occupations Revisions General Amendment Act of 2023.

 

Impact on patients

As currently written, the bill would weaken patient care by expanding the ability of non-physician professionals to practice medicine beyond their training. DC residents deserve access to proper medical care from professionals with the right knowledge and experience to ensure appropriate diagnosis and treatment.

Impact on physicians

Below is a breakdown of some of the major changes the bill would introduce, click on the title to expand how the bill would change that item.

 

Board of Medicine

Currently the Board of Medicine is composed of 10 physicians and 4 members of the public. The bill as amended would reduce the number of physicians to 9 and adds 2 physician assistants but keep the four members of the public health.

Advanced Practice Registered Nurses

The concern: The bill would codify that APRNs could independently diagnose, prescribe, and administer medicine.

The details: See the analysis from G2L Law Firm on the APRN provisions

The solutions: Independent Advanced Certified Nurse Practitioners should have a defined scope of practice limited to the following functions:

  • Practice only in the field of certification;
  • Comprehensive physical assessment of patients;
  • Certify to the clerk of the court that an adult has given birth;
  • Certify to the Transportation authority that an individual has special needs for certain health reasons;
  • Complete date of birth and medical information on a birth certificate;
  • Complete a death certificate if medical examiner does not take charge and deceased was under the care of the PN;
  • Establish medical diagnosis of common short-term and chronic stable health problems;
  • File a replacement death certificate;
  • Issue a “do not resuscitate order” in medical emergencies;
  • Order, perform, and interpret laboratory and diagnostic tests;Prescribe drugs and devices under DC controlled substance Schedules II-V with a valid DEA license, and medical marijuana under DC laws;
  • Provide emergency care within the scope of their skills;
  • Refer patients to appropriate licensed physicians or other health care providers;
  • Certify to utility company that a client has a serious illness or the need for life-support equipment;
  • Witness an advanced directive;
  • Sign off on home health/care orders.
Anesthesiologists and applying anesthesia

The concern: As seen below, additional allied health professions are permitted to apply anesthesia. Most concerning is the scope expansion that could permit nurse anesthetists to practice without physician collaboration.

The solution: This bill asks to repeal Section 603 of DC official code ₰3-1206.03, and this action will allow nurse anesthetists to administer anesthesia without an anesthesiologist or other physician's direct collaboration. Language seeking repeal of Section 603 of DC official code ₰3-1206.03 should not be included.

This bill adds Sec. 605a, which contains language that a CRNA may plan and deliver anesthesia, pain management, and related care to patients or clients of all health complexities across the lifespan. Language adding Sec. 605a should be removed from this bill.

Athletic Trainers
The bill repeals law that requires limiting athletic trainers to only providing first aid, opening the door to athletic trainers potentially practicing some form of medicine.
Audiologists

The expands audiologists' scope to include "cerumen management" and "interoperative neurophysiologic monitoring" and permits audiologists to screen for cognitive, depression and vision.

Chiropractors

The bill completely rewrites the definition of the practice of "chiropractic". Chiropractors could:

  • Diagnose and treat biomechanical or physiological conditions that compromise neural integrity or organ system function
  • Refer patients for further medical treatment or diagnostic testing
Clinical lab technicians

The bill would not longer have physicians overseeing their work but instead a clinical laboratory director

Pharmacists

The bill would expand pharmacists' scope to include:

  • Ordering labs
  • Scheduling and monitoring drug therapy
  • Ordering, interpreting, and performing more tests
Physical Therapists

The bill would permit physical therapists to independently evaluate and treat disability, injury, or disease. PTs may also order imaging as part of their treatment plan.

Podiatrists

The concern: The bill expands podiatrists scope of practice to allow:

  • apply anesthesia as part of treatment; and
  • administer vaccines and injections.

The details: See the analysis from G2L Law Firm on the podiatrists' provisions

The solution: This bill amends Paragraph (14) of D.C. Official Code § 3-1201.02(14) to define "Practice of podiatry” to include the administration of local anesthesia, monitored anesthesia care, and conscious sedation. Other scope of practice expansions for podiatry include care of human hand and wrist, and administration of injections, vaccinations, and immunizations. Podiatrists should not be administering monitored anesthesia care. Podiatrists do not have the qualifications and training to manage a patient's airway so this language should be stricken.

Nursing

Throughout the bill, restrictions on nursing scope of practice are removed or loosened throughout. Specific language outlining what and how nurses can practice is removed and replaced with more vague language giving the Mayor (read DC Health) the ability to dictate scope. This applies to many different nursing types, like APRNs and NPs.

Articles on scope of practice

 

Over 120 Physicians Sign Letter Asking for Prior Auth Hearing

Jun 15, 2022, 09:15 AM by MSDC Staff
The letter asks the Chair to add the prior auth reform bill to the June 27 hearing agenda.

 

MSDC sent a letter to Committee on Health Chair Vincent Gray on June 14 asking for a hearing on B24-655 before the summer recess. Signing the letter were over 120 DC physicians and healthcare providers representing 21 different zip codes. 

The letter was sent because the committee announced a hearing on June 27 to consider four different bills. One of them is MSDC-endorsed B24-557, the Copay Accumulator Amendment Act, on which MSDC and a number of other organizations will be testifying for. As of now, the prior authorization bill is not on the agenda, despite an overwhelming desire from the community for a hearing on this important issue.

B24-655 would enact a number of commonsense reforms adopted by numerous other states when it comes to prior auths. The bill would require a medical reason for the prior auth, ensuring appropriate medical professionals are doing the utilization reviews, set a standard time for insurers to honor the issued prior auths, and more. The bill is modeled after American Medical Association (AMA) model language and has been reviewed by MSDC and numerous other medical associations. The legislation would be the most positively impactful bill for medicine in years.

Physicians, healthcare providers, and patients interested in getting involved can visit msdc.org/priorauth to learn more. MSDC encourages everyone interested to testify on behalf of B24-557 on June 27 and, if it is added, B24-655.

The text of the letter is below:

June 14, 2022

The Honorable Vincent Gray
Chair, Committee on Health
Council of the District of Columbia
1350 Pennsylvania Ave NW
Washington DC 20004

Dear Chair Gray,

We, the undersigned physicians and healthcare professionals, urge you to hold a hearing before the Council summer recess on B24-655, the Prior Authorization Reform Amendment Act.

The Prior Authorization Reform Amendment Act aligns DC with other states in regulating a practice that severely harms our ability to treat our patients. 

The recent American Medical Association (AMA) physician survey on prior auth showed that 93% of physicians report care delays because of prior authorization. The same survey showed that physician offices spend 13 hours each week (almost two business days) dedicated to prior auth paperwork. 

These delays impact our residents and patients daily, leading many to wait unnecessarily for their treatments or choose to abandon them altogether. 

We ask you to hold a hearing on this bill because you and your colleagues need to hear our stories about how prior authorizations negatively impact physicians across the District. We look forward to continuing to share our stories and working with your office to pass this legislation in 2022.

Sincerely

 
Alan W Stone
Alicia R. G. Khan
Allison Jackson
Aminah Jones, MD MPH, FAAFP
Amir Meiri, MD MPH
Andrea Hulse-Johnson, DO
Andres Barkil
Anirban Ganguli
Anjali Malik, MD
Ann Medinger MD, FACP
Anna BuAbbud
Anne Siegel
Anthony Scialli, M.D.
Ashesh D. Patel, MD FACP
Barry Fisher, MD
Barry J Landau. M. D.
Bhumika Gandhi MD
Brian Epling
Caren Palese, MD
Caroline Wing Wohlgemuth MD
Carolyn Wakeman, MD
Catherine Chow
Catherine S May, MD
Celina Brunson
Chan Dang-Vu, MD
Cheryl Iglesia MD
Christian Moser, MD
Colin Stewart, MD
Constance E. Dunlap MD
Dale Isaacson MD 
Dana Mueller
Daniel W. Hicks
DeAndra Jamerson
Deborah Abramsky, CNM, MPH
Dianne Reynolds, M.D.
Dr J Kupersmith 
Dr Poonam Maru
Dr. Adam Miramon
Earl H. Harley, M.D.
Ebony Hoskins
Eduardo Fox, MD
Elizabeth Hoge
Evelyn M Karson PhDMD
Fatemeh Milani, MD
Feseha Woldu
Francis Chucker MD
Frederick Jacobsen, MD
Gelane Workneh MD
H Jeffry Kim
Harshkumar Patel
Helain J. Landy, MD
Hojin Lee
Insiya Nasrulla
J Desiree Pineda MD 
James A. Simon, MD
James Cobey, MD
James F. Loomis, MD
Jason Wexler
Jaya Kasaraneni
Jeff Bostic
Jessica Schroeder MD, MPH
Jillian G. Evans
John M Stewart
Joseph M Houston, M.D.
JULIAN CRAIG
Justen Ahmad, MD
Karen Anderson
KAREN B MAZIE
Karen R Myers MD FACP
Kenneth C. Ullman, MD.,D.L.F.A.P.A.,P.C.
Kirstiaan Nevin
Kristina Andersson
Leslie Goransson, MD
Luis Dominguez
Madhumathi Rao
Mani Yavi, M.D.
Mansi Kotwal
Mark J. Smith M.D.
Mark M Sklar
Matthew Lecuyer
Mayada Akil MD
Megan M. Lockwood, MD
Meghan Schott
Melissa Loughney, M.D.
Melvin W Williams MD
Michael Goldstein
Michael Morse MD
Michael Nidel
MOHAMMED Kabir Abubakar
Ndidi Obichere
Neal D. Barnard, MD, FACC
Nehal S Naik, MD
Nicholas Hazen
Nicole Chappell
Nora Galil MD
Paul Doherty, MD
Pauline Tsai, MD
Punam Thakkar
Raihanahmed Chowdhury
Randi Rubovits-Seitz
Richard A Ratner, MD
Richard A. Chefetz, M.D.
Richard D. Zorowitz, M.D.
Ritika Gadodia
robert keisling M.D.
Ronald M. Costell, M.D.
Sara L Imershein MD MPH
Sean Kenmore, MD, MS
Sean Pustilnik, M.D. 
Seiji Hayashi, MD, MPH
Shaitalya Vellanki, MD
Shalini Sitzmann DO
Siva Subramanian
Sonia D. Silinsky Krupnikova 
Stephanie Kubala
STEPHANY A MCGANN
Stephen M Weissman
Susan D Stein, MD
Susanne Bathgate MD
Sylvia R. Medley, MD, MPH
Tara Palmore, M.D.
Tiffany Wilson
Walter P. Bland, M.D., LFAPA
William Cohen, M.D.
William Smith
Xiaoxi Ouyang

 

Resources