State Legislative Issues
State legislation and regulations that apply mandates to the clinical practice of emergency medicine.
California
Unfunded mandate bills are introduced annually, including universal HIV testing. CalACEP opposes. Dramatically changed but was unable to stop SB 1152 from becoming law in 2018 related to homeless patients.
Florida
Emergency department practice must be physician-led team 395.002 (9) “Emergency services and care” means medical screening, examination, and evaluation by a physician, or, to the extent permitted by applicable law, by other appropriate personnel under the supervision of a physician, to determine if an emergency medical condition exists and, if it does, the care, treatment, or surgery by a physician necessary to relieve or eliminate the emergency medical condition, within the service capability of the facility.
Illinois
2022: ICEP sponsored legislation to protect victims of sexual assault seeking evidence collection, and to improve compensation for performing exams.
Massachusetts
Although there are several bills, it is early in the process and none have emerged as viable, or a priority of the House or Senate.
Michigan
01/02/2023 Mandatory e-prescribing went into effect; no written, no phone, no fax. Several exceptions, but none EM-specific. 150hrs CME every 4 years with 1hr ethics and 3hrs pain and symptom management, and one training on human trafficking.
Mississippi
SB 2906 would have required the Rural Physicians Scholarship to include Emergency Physicians. The bill died in committee.
North Carolina
Nothing filed yet this session, but we usually work on opioid bills that require physicians to take any action outside their medical opinions.
Oregon
SB 1043, supported by OR-ACEP, requires hospitals to distribute naloxone kits to SUD/opioid poisoning patients at discharge.
Pennsylvania
2022: PACEP defended PLP during major rewrite of PA Prior Auth Law; 2022: PACEP supported Ex Partner Therapy for STIs; State legislation possible on non-competes; PACEP commented on legislation to more clearly define scope of practice for athletic trainers.
Tennessee
No mandates on ED or Emergency Medicine physician practice.
Washington
Legislation is pending mandating the dispensing of a 28-day supply of PEP to certain patients who have potentially been exposed to HIV.
