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Feb 13 Agenda: Clinical education rules - banning invasive exams and Nitrous Oxide paraphernalia

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Abigail Nobel
(@mhf)
Member Admin
Joined: 5 years ago
Posts: 1226
Topic starter  

Primary problems in today's healthcare are health profession shortages and extremely high education costs.

One aspect of a "Profession" is that it is self-perpetuating - ie, it educates the next generation.

Some due diligence questions for this bill line-up:

  • Invasive exams are already banned. Where is the evidence that the bill's ban is both effective, and causes no harm?
  • What impact will the ban have on health profession shortages and education costs?
  • Where is the evidence that banning drug paraphernalia sales is effective?

DATE: Tuesday, February 13, 2024

TIME: 2:00 PM or after committees are given leave by the House to meet, whichever time is later.

PLACE: Room 519, House Office Building, Lansing, MI

AGENDA:

HB 4347 (Rep. Price) Controlled substances; drug paraphernalia; sale of nitrous oxide devices; prohibit.

HB 4348 (Rep. McKinney) Controlled substances; drug paraphernalia; sale of nitrous oxide devices; prohibit.

SB 57 (Sen. Chang) Controlled substances; drug paraphernalia; sale of nitrous oxide devices; prohibit.

SB 58 (Sen. Bellino) Controlled substances; drug paraphernalia; sale of nitrous oxide devices; prohibit.

SB 44 (Sen. Wojno) Health occupations; health professionals; invasive bodily examinations; prohibit under certain circumstances.

SB 45 (Sen. Santana) Health occupations; health professionals; definition of invasive bodily examination; add.

OR ANY BUSINESS PROPERLY BEFORE THIS COMMITTEE



   
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Abigail Nobel
(@mhf)
Member Admin
Joined: 5 years ago
Posts: 1226
Topic starter  

The AP reports that CMS chimes in this week in the attempt to get doctors to make students get consent before doing a vaginal or prostate exam while patients are anesthetized. 

There's certainly no shortage of people ready to regulate this practice. However, they're pushing against centuries of standard training procedures. Doctors seem to think that what a patient doesn't know won't hurt them - or at least that supervised training to produce another clinician is worth the risk.

I wouldn't bet on seeing radical reform any time soon.

https://apnews.com/article/pelvic-exams-consent-federal-government-hhs-52331c180249daa1aa12c470f8d70061

Hospitals must obtain written consent for pelvic and similar exams, the federal government says

Hospitals must obtain written informed consent from patients before subjecting them to pelvic exams and exams of other sensitive areas — especially if an exam will be done while the patient is unconscious, the federal government said Monday.

New guidance from the U.S. Department of Health and Human Services now requires consent for breast, pelvic, prostate and rectal exams for “educational and training purposes” performed by medical students, nurse practitioners or physician assistants.

The department’s release said the guidance was issued to “reiterate and provide clarity” regarding hospital consent requirements. Federal regulations previously mentioned obtaining consent for “important tasks” related to surgeries, and did not provide the level of detail about medical students.

If hospitals don’t obtain explicit consent, they may be ineligible for participation in Medicare and Medicaid programs, and also may be subject to fines and investigations if they violate patient privacy laws, Office of Civil Rights director Melanie Fontes Rainer said.

Doctors and medical students sometimes perform exams of sensitive areas for training purposes when a patient is under anesthesia. At least 20 states have passed laws requiring a patient’s consent.

HHS Secretary Xavier Becerra and other top health officials criticized these exams happening without explicit consent in a letter sent to teaching hospitals and medical schools Monday. The letter said hospitals need to set “clear guidelines to ensure providers and trainees performing these examinations first obtain and document informed consent.”

It’s difficult to say how often these exams take place, experts said, or how often patients understand what they’re consenting to when they sign forms before surgery giving broad consent for a range of procedures.

The letter is a “critical leap forward in protecting patients and medical residents,” Scott Berkowitz, founder and president of the Rape, Abuse and Incest National Network, said in a statement.

“It’s a shocking problem with a very simple solution — hospitals need to ask for consent clearly and explicitly,” he said.

Alexandra Fountaine, a medical student at Ohio University who testified in front of a state House committee against the practice, was skeptical that the letter would result in “actual policy or real change.” But, she added, it made her feel more protected and respected.

“Something like that happening is my biggest fear,” she said. “As women we’re all afraid of being violated on a daily basis … but when we’re put in very vulnerable positions, like being anesthetized, I think that’s especially terrifying.”

 

DEVNA BOSE
Bose is a public health reporter for The Associated Press, based in Jackson, Mississippi. She covers hospitals, rural health access and disparities, public health funding and other topics that broadly intersect with the health of communities.



   
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