ASA Exhibits at the National Conference of State Legislatures

S. Diane Turpin, J.D., Assistant Director
Office of Governmental Affairs


ASA, with the generous assistance of the California Society of Anesthesiologists (CSA), once again participated in the Physicians Advocating for Patients exhibit booth at the National Conference of State Legislatures (NCSL) Annual Meeting in July in San Francisco, California. The exhibit booth included representatives of ASA as well as the American Medical Association, the American Academy of Family Physicians, the American Academy of Neurology, the American Academy of Otolaryngology – Head and Neck Surgery, the American Academy of Pediatrics, the American College of Cardiology, the American College of Obstetricians and Gynecologists and the American Society of Plastic Surgeons. This annual event provides an opportunity to show state legislators and staff that physicians are united on issues related to the quality of care for patients.

Anesthesiologists participating on behalf of CSA included M. Virgil Airola II, M.D., Thomas H. Cromwell, M.D., Patricia A. Dailey, M.D., Christine A. Doyle, M.D., Mary A. Grabowski, M.D., Mark A. Singleton, M.D., and R. Lawrence Sullivan, Jr., M.D. Anesthesiologists had an opportunity to talk with legislators on many issues, including the need for medical liability reform and continuing physician supervision of nurse anesthetists.

In addition to visiting exhibit booths, state legislators attended sessions on a variety of topics and adopted positions on some key issues. Most notable was the position NCSL adopted with respect to federal medical liability reform. Not surprisingly state legislators with strong views as to the rights of state governments versus the federal government opposed federal efforts to address the medical liability crisis. Specifically NCSL’s policy opposes efforts to pre-empt existing state laws or state constitutional provisions, including laws that govern statutes of limitations, damage awards, the drafting of pleadings, introduction of evidence and attorneys’ fees. Prior to the meeting, ASA joined other national medical specialty societies and state medical societies in cosigning a letter to selected NCSL committee members seeking their support for federal medical liability reforms. Many legislators we spoke with recognized the severity of the crisis yet still held firm to the belief that each state is responsible to resolve its own problems.

According to a recent report by the American Tort Reform Association, 21 states have enacted some civil action tort legislation in 2003 with eight states (Arkansas, Georgia, Ohio, Oklahoma, Texas, Utah, Virginia and West Virginia) adopting some medical liability reforms. At least 17 additional states have considered or continue to consider medical liability reforms.
NCSL will convene in Salt Lake City, Utah, next July. ASA and other medical specialty societies will once again participate in this important event.