Resolution: 823 (I-05)




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AMERICAN MEDICAL ASSOCIATION HOUSE OF DELEGATES

Resolution: 823

(I-05)
Introduced by: Florida Delegation
Subject: Disasters and Volunteer Physicians
Referred to: Reference Committee K

(Eugenia Marcus, MD, Chair)





Whereas, The recent events of Hurricane Katrina have required high numbers of physicians (MDs and DOs) to go to states where they are not licensed; and
Whereas, Many medical doctors were not able to help as quickly as needed; and
Whereas, Our American Medical Association is the leading organization advocating for all physicians in our country; therefore be it
RESOLVED, That our American Medical Association work with state medical societies to implement a clearinghouse for volunteer physicians (MDs and DOs) that would validate licensure and allow the affected state to review volunteer physicians’ credentials immediately, that licensure for work in the affected state would be temporary, and that our AMA should not work for a national medical license, but only temporary emergency coverage to allow physicians (MDs and DOs) to get to work as quickly as possible (Directive to Take Action); and be it further
RESOLVED, That our AMA work for national legislation to give qualified physicians (MDs and DOs) relief from the liability practice burden by allowing their liability policy coverage to protect them while working in the affected state and/or have coverage under the Good Samaritan laws allowing physicians to work as volunteers without fear of liability. (Directive to Take Action)

Fiscal Note: Implement accordingly at estimated staff cost of $56,039, which includes the development and maintenance of a web-based volunteer physician registration. This would require additional staff in addition to existing staff time.


Received: 10/5/05
RELEVANT AMA POLICY
H-435.958 Immunity from Professional Liability Tort for Volunteer Services During State or National Emergencies

The policy of the AMA is to formulate and support federal legislation granting legal immunity, including medical liability immunity, for volunteer medical services arising from declared state or national emergencies. (Res. 911, I-02)


H-275.941 Out-of-State Residents in Training and State Licensing Board Requirements for Temporary Licenses

The AMA will work with the Federation of State Medical Boards (FSMB) to facilitate a timely process so that residents in a training program can meet the licensure requirements to avail themselves of opportunities for educational experiences in states other than that of their primary program location. (Sub. Res. 301, A-97)


H-275.967 Licensure by Endorsement

The AMA opposes national legislation which would mandate licensing reciprocity by all state licensing authorities. (Res. 42, A-88; Reaffirmed: Sunset Report, I-98)


D-160.991 Licensure and Liability for Senior Physician Volunteers

Our AMA (1) and its Senior Physician Group will inform physicians about federal and state-based charitable immunity laws that protect physicians wishing to volunteer their services in free medical clinics and other venues; and (2) will work with organizations representing free clinics to promote opportunities for physicians who wish to volunteer. (BOT Rep. 17, A-04)


D-275.984 Licensure and Liability for Senior Physician Volunteers

Our AMA (1) and its Senior Physician Group will inform physicians about special state licensing regulations for volunteer physicians; and (2) will support and work with state medical licensing boards and other appropriate agencies, including the sharing of model state legislation, to establish special reduced-fee volunteer medical license for those who wish to volunteer their services to the uninsured or indigent. (BOT Rep. 17, A-04)


H-130.986 Good Samaritan Law

The AMA encourages state medical societies in states without "good samaritan laws," which protect qualified medical personnel, to develop and support such legislation. (Res. 135, A-85; Reaffirmed by CLRPD Rep. 2, I-95; Reaffirmed: BOT Rep. 12, A-05)


D-435.990 Delivery of Health Care by Good Samaritans

Our American Medical Association will work with state medical societies to educate physicians about the Good Samaritan laws in their states, and the extent of liability immunity for physicians when they act as Good Samaritans. (Res. 201, A-03)






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