INTERSTATE MEDICAL LICENSURE COMPACT
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• Expands and improves coverage of preventive services in the public and private sectors, including the elimination of cost-sharing, and provides grants for small employer wellness programs. • Expands state demonstration grants to develop, implement and evaluate alternative medical liability reform initiatives.
IMPORTANT TIP: The Compact has specific eligibility criteria that you must meet to maintain your eligibilty to remain in the program. It is to your advantage to review the eligibilty requirements prior to progressing any further with your application. If you are eligible, have your licesnce in your state of principal license and know which additional states you wish to seek licenses in, checking to ensure those states are members of the Compact.
Bymid-2021, the stateof Louisiana shouldbe fully integratedwith the InterstateMedical Licensure Compact (imlcc.org) pursuant to ACT 35 of the Second Extraordinary Session of 2020. The question becomes, what does this mean to you as a new physician? And like all answers, this one starts with “it depends.” If you are planning to only be licensed in one state, the Compact will not impact you. You will simply apply for your license in that state. If you are in a border area for a state and believe it would be advantageous for you to have licenses in two states, it is likely you will find it easier (and less costly) to apply to each state individually rather than using the Compact. If you plan to seek licenses in multiple states, the Compact has the potential to be of benefit to you. Keep inmind that using the Compact only expedites the process. It does not eliminate it. The Compact serves as a repository for your credentials and primary licensure documents, including a national background check. These documents will be shared with states you select, but your license to practice medicine will come from the licensing body within those individual states, and you must fulfill any additional requirements those states mandate for physicians. There is no such thing as a“Compact License” or a “national medical license.” In addition to the Compact fee, you will be required to pay the licensure fees in individual states. In order to participate through the Compact, you must designate a state of principal license for purposes of registration for expedited licensure. This state must be a member of the Compact in which you already hold a full, unrestricted medical license. In addition to holding a license in this state, one of the following requirements must also hold true. It is: 1) your state of principal residence, 2) the state where at least twenty-five percent of your practice occurs, 3) the location of your employer, or 4) if no state qualifies under 1 through 3, the state designated as your state of residence for purposes of federal income tax. HEALTHCARE PROFESSIONALS FOUNDATION As you know, physicians, physician assistants, podiatrists, medical psychologists, dentists, and dental hygienists (health care professionals) take care of others continuously. However, these health care providers also need assistance at times, and we want you to know that it is okay to ask for help. It is the primary role of the Healthcare Professionals’ Foundation of Louisiana (HPFL) Professionals’ Health Program (PHP) to offer assistance to health care professionals who may be suffering from difficulties such as substance use issues, depression, and anxiety, in addition to a host of physical ailments and disruptive behavioral patterns. The HPFL PHP supports health care professionals and advocates for them with hospitals, health plan networks, malpractice insurance carriers, and licensure boards.
MEDICAL MARIJUANA
ACT 286 became effective August 1, 2020, at which time any physician in good standing and licensed by the LSBME may recommend medical marijuana for “any condition . . . that a physician, in his medical opinion, considers debilitating to an individual patient and is qualified through his medical education and training to treat.” The law gives physicians broad latitude to determine what they consider to be “debilitating” for a particular patient, thus physicians may recommend medical marijuana for a patient suffering from any condition for which the physician believes their patient may experience relief. There will no longer be a requirement to obtain an additional permit from the LSBME in order to make such recommendation. ACT 286 is permissive rather than mandatory it in no way mandates that a physician recommend medical marijuana to his patients. Many physicians may not believe there is scientific evidence to show a medicinal benefit from the use of medical marijuana and may choose not to recommend such to their patients. ACT 147 also became effective on August 1, 2020, and provides limited liability to any physician who provides information relative to marijuana for therapeutic use within a bona fide doctor-patient relationship or who issues a recommendation to a patient for marijuana for therapeutic use. Such physicians shall be exempt from prosecution for certain violations of the Uniform Controlled Dangerous Substances Law. In order to further protect yourself and your practice, the LSMS strongly recommends the following steps be pursued: • FORMALIZE YOUR POLICY It is imperative that you adopt a policy related to your position in advance of patients presenting and requesting a recommendation for medical marijuana. Whether you plan to recommend it for some, all, or no conditions, or to some, all or no patients, it will protect you and your practice if you have a formal policy in place which guides your recommendations as well as a strategy for articulating your position to your patients. • CONSISTENCY COUNTS Whether or not to recommend medical marijuana is a physician-specific and patient-specific decision. However, consistent application and enforcement of your policies will limit your exposure to liability risks related to unfair treatment claims. If you determine certain conditions or certain patients would benefit from medical marijuana, you should be as consistent as possible relative to the recommendation. • DOCUMENT, DOCUMENT, DOCUMENT It always helps to document any discussion you have had with a patient relative to the recommendation of medical marijuana. In the event there is ever a claim made against you or your practice the best evidence to protect yourself will be your real time notes of the discussion and reason for your decision whether or not to recommend medical marijuana to your patient.
Applications can be completed online at: www.imlcc.org
If you or someone you know needs assistance, contact the HPFL toll free at 888.743.5747.
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