In July 2012, the American College of Physicians (“ACP”) published a lengthy Statement of Principles on the Role of Governments in Regulating the Patient-Physician Relationship. The statement discusses proposed or adopted legislation and regulations governing medical practice and how those mandates interfere, or have the potential to interfere, with appropriate clinical practice.
The statement notes that a particular concern are laws and regulations that require physicians to provide care not supported by evidence-based guidelines and/or not individualized to the needs of the specific patient. The statement discussed specific legislation dealing with mammograms, vaccinations and abortion.
The ACP further noted, “Even laws and regulations that mandate a test, procedure, treatment or provision of specific types of health information or counseling to the patient, when generally consistent with the standard of care and intended to provide benefit to the patient, should be approached cautiously.” The statement then addresses the issue of whether political inaction will cause a regulated standard of care to become “set in concrete” even as new medical knowledge renders it inappropriate or obsolete.
The ACP urges lawmakers to consider the following when proposing new legislation: “Is the proposed law or regulation necessary to achieve public health objectives that directly affect the health of the individual patient, as well as population health, as supported by scientific evidence, and if so, is there any other reasonable way to achieve the same objectives?”