Guest guest Posted December 6, 2004 Report Share Posted December 6, 2004 I'm still curious legally how this fits into the structure that we have here in Texas. As we all (should) know, the physician, by signing the protocols, is in effect delegating parts of his medical practice to perform, whether we are ECAs or Licensed Paramedics with the full range of alphabet soup acronyms. As I understand it, Texas is one of the few states with such an arrangement. How will the national scope of practice address this issue? In the past, there have been lawsuits filed against HMOs for the unlicensed practice of medicine when they have mandated to physicians which procedures can and cannot be performed. Without meaning to provide a specific legal opinion, the parallel seems striking. I wonder what legal liability Greg Margolis et al will have for limiting which skills a physician may delegate? I can assure you that there will be a lawsuit when a provider can no longer interventions that he/she could have provided before the national scope took effect. -Wes Ogilvie, MPA, JD, EMT Quote Link to comment Share on other sites More sharing options...
Guest guest Posted December 6, 2004 Report Share Posted December 6, 2004 this is one part of the discussion on this topc that i don't understand why everybody is arguing about. the proposed SOP's says it in black and white, Intro page IV under SKills by Level lines 9-11, if the physician whats to add or subtract to the SOP's, they can do it. there again, if the EMSD says the EMR can RSI, Hooooo Raaah, he gets to RSI. so what's the problem? One more thing on the national scope I'm still curious legally how this fits into the structure that we have here in Texas. As we all (should) know, the physician, by signing the protocols, is in effect delegating parts of his medical practice to perform, whether we are ECAs or Licensed Paramedics with the full range of alphabet soup acronyms. As I understand it, Texas is one of the few states with such an arrangement. How will the national scope of practice address this issue? In the past, there have been lawsuits filed against HMOs for the unlicensed practice of medicine when they have mandated to physicians which procedures can and cannot be performed. Without meaning to provide a specific legal opinion, the parallel seems striking. I wonder what legal liability Greg Margolis et al will have for limiting which skills a physician may delegate? I can assure you that there will be a lawsuit when a provider can no longer interventions that he/she could have provided before the national scope took effect. -Wes Ogilvie, MPA, JD, EMT Quote Link to comment Share on other sites More sharing options...
Guest guest Posted December 6, 2004 Report Share Posted December 6, 2004 this is one part of the discussion on this topc that i don't understand why everybody is arguing about. the proposed SOP's says it in black and white, Intro page IV under SKills by Level lines 9-11, if the physician whats to add or subtract to the SOP's, they can do it. there again, if the EMSD says the EMR can RSI, Hooooo Raaah, he gets to RSI. so what's the problem? One more thing on the national scope I'm still curious legally how this fits into the structure that we have here in Texas. As we all (should) know, the physician, by signing the protocols, is in effect delegating parts of his medical practice to perform, whether we are ECAs or Licensed Paramedics with the full range of alphabet soup acronyms. As I understand it, Texas is one of the few states with such an arrangement. How will the national scope of practice address this issue? In the past, there have been lawsuits filed against HMOs for the unlicensed practice of medicine when they have mandated to physicians which procedures can and cannot be performed. Without meaning to provide a specific legal opinion, the parallel seems striking. I wonder what legal liability Greg Margolis et al will have for limiting which skills a physician may delegate? I can assure you that there will be a lawsuit when a provider can no longer interventions that he/she could have provided before the national scope took effect. -Wes Ogilvie, MPA, JD, EMT Quote Link to comment Share on other sites More sharing options...
Guest guest Posted December 6, 2004 Report Share Posted December 6, 2004 Mr. Hatfield, That's my interpretation as well. -aro > > > From: Jonathon's Mail [mailto:goldstar517@c...] > > >>if the EMSD says the EMR can RSI, Hooooo Raaah, he gets to RSI. so what's > the problem? > > > Actually, my interpretation is different. What it says is that just because > a skill is listed under your level, doesn't mean your EMSD is required to > allow you to do it according to his/her protocols. However, if a skill is > *prohibited* at your level, your EMSD is not able to delegate it. > > > In short, " The EMSD can taketh away, but the EMSD cannot giveth. " ... > > > Mike Quote Link to comment Share on other sites More sharing options...
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