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Bill challenging Nevada liability cap defeated

Nevada's medical liability cap was spared after a bill threatening to loosen the $350,000 limit on noneconomic damages died in a Senate committee in May. The legislation would have removed the cap in cases of "gross negligence."

Plaintiff lawyers backing the measure said the change would address cases involving more serious injuries, but doctors feared that the definition was left intentionally vague and could have affected a wide range of cases. The bill, approved by the Assembly in April, emerged partly in response to a hepatitis C outbreak.

The Nevada State Medical Assn. and a coalition of health care organizations called Keep Our Doctors in Nevada won their fight to preserve the cap, which they credited with curbing malpractice claims filings and liability insurance rates since its passage in 2002.

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Oregon weighs measure giving psychologists prescribing rights

The Oregon House of Representatives in May approved a bill that would give psychologists the authority to prescribe drugs in that state. The approval came despite strong objections from physician groups.

The Oregon Medical Assn. is continuing to mobilize opposition to the measure, which still needs state Senate passage and the governor's signature, said Betsy Boyd-Flynn, deputy executive director of the association.

The bill requires psychologists to earn a two-year master's degree in psychopharmacology and complete 800 hours of supervised training before dispensing drugs. New Mexico and Louisiana have approved similar laws granting psychologists prescribing privileges.

The bill's sponsors said the measure could help provide access to care in areas where there are shortages of physicians. Physicians recognize the access problem, Boyd-Flynn said, but don't think the bill addresses the problem or requires sufficient training in prescribing.

"These are serious medications that can have some serious side effects, and proper training is essential to be able to use them correctly," Boyd-Flynn said. "We don't think this bill gets there."

The print version of this content appeared in the June 8, 2009 issue of American Medical News.

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