Last week, following oral arguments in April, the U.S. Supreme Court dismissed the case United States v. Idaho and remanded the case back to the U.S. Court of Appeals. Importantly, the decision also reinstated the prior injunction against Idaho’s prohibition of abortion under the Emergency Medicine and Active Labor Act (EMTALA), meaning that hospitals can once again perform abortion as part of medically necessary stabilizing care for patients presenting with emergent complications of pregnancy. Since the Dobbs decision overturned federal protections on abortion, Idaho is currently one of 14 states with the most restrictive laws prohibiting abortion, except in cases...
Update on Controlled Substances and Telehealth Prescribing
On June 14th the U.S. Drug Enforcement Agency (DEA) submitted their long-awaited final rule for telehealth prescribing of controlled substances to the White House Office of Management and Budget (OMB) for a final rule before publication. The rules are expected to be published sometime prior to December 2024. As previously reported, in May 2023 the DEA had temporarily extended the COVID-19 telemedicine flexibilities for prescribing controlled substances. By way of background, The Ryan Haight Online Pharmacy Consumer Protection Act of 2008 requires prescribers to conduct an in-person examination to evaluate each new patient at least once before prescribing a controlled substance. After...
MPL Defense Verdict Bolstered by Appropriate Consent Process
This case study was put together by our partners at CRICO and was written by Margaret Janes, Senior Program Director Patient Safety and Education Description Discussion with the patient about risks, benefits, and alternatives of a procedure helped in defense of a known surgical complication. Key Lessons Informed consent is a conversation with the patient that covers both what the patient may think is important and what the physician thinks is important Documentation in the medical record of discussions with the patient, beyond the informed consent form, will help support care provided in the event of an unexpected outcome Managing...
A number of new laws impacting the practice of medicine in Idaho have been enacted. MIEC encourages Idaho physicians to engage in the legislative process through organizations such as the Idaho Medical Association and the Idaho Coalition for Safe Healthcare. All new laws are effective July 1, 2024 unless noted otherwise. CONSENT Minor Consent: As previously reported, the Parental Rights in Medical Decision-Making Act largely eradicated an unemancipated minor’s authority to consent to medical care, as well as their right to confidentiality of that care. It also gives parents a private right of action against physicians if their right...
Defense Verdict After Patient Challenged Surgical Outcome
This case study was put together by our partners at CRICO and was written by Jennifer Vuu Sanchez, Program Director Description A 42-year-old female dissatisfied with post-surgical outcomes for chronic pelvic pain sued her gynecologist. Key Lessons Patients will sue even if there is no malpractice because of unexpected outcomes, anger, dissatisfaction, or lack of understanding of what occurred. Appropriate provider-patient communication helps manage expectations and complications. Provide emotional support for clinicians named in a malpractice lawsuit or claim. Clinical Sequence April 3: A 42-year-old female with a history of chronic pelvic pain (CPP) presented to her gynecologist with complaints...