Resolution 39(17) Prohibition on ACEP Interference in State Legislative Activities

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Resolution 39(17) Prohibition on ACEP Interference in State Legislative Activities

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RESOLUTION: 39(17)

SUBMITTED BY: Texas College of Emergency Physicians

SUBJECT: Prohibition on ACEP Interference in State Legislative Activities

PURPOSE: Develop a policy addressing ACEP involvement in state level regulatory and legislative initiatives separate from a chapter’s request or a conflict with ACEP policy and present that policy for discussion at the 2018 Council meeting.

FISCAL IMPACT: Budgeted staff resources.

Resolution 39(17) Prohibition on ACEP Interference in State Legislative Activities

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WHEREAS, ACEP is the premier professional organization representing the practice and specialty of Emergency Medicine and is among one of the best organizations in the country in promoting the specialty and interests of Emergency Medicine, and the patients we serve, at the national level; and

WHEREAS, One of the greatest strengths of the national organization, ACEP, is the vibrant, independent, active state chapters that can best represent the interests of the local practicing Emergency Physicians at the grassroots state level; and

WHEREAS, One of the key strengths of any professional organization is the ability to be responsive and connected to the grassroots members and their issues; and

WHEREAS, Many of the autonomous state chapters maintain active organizations that are connected to the national organization but are best able to actively and effectively represent their members’ interests and issues at the state level; and

WHEREAS, Many of the state chapters have their own policy efforts with their own state legislative agendas, connections, and relationships, including collaborative efforts with their own state medical associations; and

WHEREAS, There is remote history where ACEP, and/or its elected leaders, have interfered, given conflicting messages, and/or contradicted state legislative efforts resulting in great disruption and confusion in state policy and legislative efforts; and

WHEREAS, It is not appropriate for ACEP to supersede state level policy and legislative efforts or overrule state policy agendas; therefore be it

RESOLVED, That ACEP develop policy that addresses ACEP involvement in state level regulatory and legislative agendas, including direct lobbying efforts, without expressed formal request to ACEP by the state chapter and without formal established explicit ACEP policy conflict; and be it further

RESOLVED, That ACEP present a policy that addresses ACEP involvement in state level regulatory and legislative activities for consideration and comment at the 2018 Council meeting.

Resolution 39(17) Prohibition on ACEP Interference in State Legislative Activities

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Background

This resolution calls for ACEP to develop a policy addressing ACEP’s involvement in state regulatory and legislative activities when not requested to do so by the state chapter and when there is no formal and explicit ACEP policy conflict. The resolution also directs ACEP to present the policy for consideration and comment at the 2018 Council meeting.

There are 53 ACEP chapters with varying resource levels, staffing models, and engagement in state advocacy efforts. Approximately half of the state chapters contract with lobbyists. ACEP members and chapters work frequently with state medical society lobbyists or related interest groups to address legislative and regulatory issues impacting emergency medicine. ACEP leaders and staff provide a variety of resources to state chapters, including materials related to ACEP policies and interests, legislative information, political intelligence, state public policy grants, public relations resources, assistance with letters and talking points for use with policymakers, and policy expertise to assist chapters with their advocacy efforts. ACEP also works collaboratively with a variety of national interests to facilitate collaboration on both the national and state level. National ACEP does not contract with registered state level lobbyists in any state.

While ACEP offers assistance and support for chapter advocacy efforts, the scope and direction of state legislative and regulatory activity is at the direction of the chapter. In the vast majority of cases, all parties agree on the position that should be taken on legislation impacting emergency medicine. Occasionally, differences of opinion arise over how complex legislation may impact emergency medicine practice. State chapters will sometimes experience internal debate on how or whether to approach particular legislation, or on very rare occasions, differences of majority opinion may arise between state and national ACEP leadership. In 2017, the Texas College of Emergency Physicians (TCEP) determined to monitor legislation related to maintenance of certification (MOC) without taking a formal, public position. National ACEP leadership was urged by other national organizations to act on its own and formally take a position on the state legislation. Ultimately, after consulting with TCEP leaders, ACEP decided not to engage in efforts regarding the legislation.

ACEP Strategic Plan Reference

Goal 1 – Reform and Improve the Delivery System for Acute Care

Objective A - Develop and promote delivery models that provide effective and efficient emergency medical care in different environments across the acute care continuum.

Objective C – Pursue strategies for fair payment and practice sustainability to ensure patient access to care.

Objective E – Achieve meaningful liability reform at the state and federal levels.

Fiscal Impact

Budgeted staff resources.

Prior Council Action

None

Prior Board Action

May 2017, the Executive Committee discussed a request from the American Board of Emergency Medicine to intervene in the pending Texas legislation on maintenance of certification and send email messages to legislators to block the bill from a vote. There was consensus that ACEP should not act to lobby against the Texas legislation. The Board ratified the actions of the Executive Committee at their June 2017 meeting.

April 2017, discussed the Senate bill in Texas regarding MOC.

Background Information Prepared by: Harry J. Monroe, Jr.

Director, Chapter State Relations

Reviewed by: James Cusick, MD, FACEP, Speaker

John McManus, MD, FACEP, Vice Speaker

Dean Wilkerson, JD, MBA, CAE, Council Secretary and Executive Director