Looking Ahead to 2006

Lisa Percy, J.D., Manager
State Legislative and Regulatory Affairs


2006 will be a busy year at the state level, where 36 gubernatorial races and 46 state legislatures have open seats in either the House, Senate or both. Eleven of the gubernatorial races are in states that have opted out on the Medicare rule for physician supervision of nurse anesthetists. This creates an opportunity to elect governors who would oppose an opt-out, and at the same time, ASA and state component societies must remain vigilant in preventing current governors from opting out as their terms expire.

With respect to legislative activity, 46 state legislatures are in regular session. Arkansas, Montana, Nevada, North Dakota, Oregon and Texas will not convene for a regular session; however, committees will conduct studies on particular issues during this time. A handful of states passed medical litigation reform legislation in 2005, and in response, a flurry of scope-of-practice bills could be introduced in 2006. The American Medical Association has identified 20 states that are experiencing a medical liability crisis, and legislation to address the crisis may be introduced in those states (Arkansas, Connecticut, Florida, Georgia, Illinois, Kentucky, Massachusetts, Mississippi, Missouri, Nevada, New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, Washington, West Virginia and Wyoming). As in prior years, legislation can move quickly as most state legislatures adjourn by mid-year. Therefore it is imperative to frequently contact the sponsor of a particular bill for its status. The only states expected to adjourn after June are California, Delaware, Massachusetts, Michigan, New York, North Carolina, Ohio, and Rhode Island as well as the District of Columbia (no date set).

In addition to legislative activity, ASA and state component societies monitor activity proposed by the state medical boards and nursing boards. Contact information and the URL for each state medical board and nursing board can be found at <www.fsmb.org/directory_smb.html> and <www.ncsbn.org/regulation/boardsofnursing_boards_of_nursing_board.asp>.

Proposed office-based surgery regulations are currently before the state medical boards in Arizona, Kansas and Oregon.

Additionally the state medical societies are another source of information in order to monitor state activities. While ASA’s Washington office tracks legislation and regulations at the state level, please keep us updated on the developments in your state by contacting us at (202) 289-2222 or <l.percy@ASAwash.org>.