ABORTION

Teenage Pregnancy - Physician/Patient Privilege


    RESOLVED, That the North Carolina Medical Society is opposed to any legislation which would dictate to a physician what information he should give a patient concerning the performance of a procedure for the interruption of a pregnancy or legislation which would require a physician to give to the parent of a minor patient or o any other person information concerning the pregnancy of a minor patient, or concerning the performance of a procedure to interrupt such a pregnancy without the consent of such patient.


(Resolution 18-1981, adopted 5/9/81)(reaffirmed, Report KK-1991, Item 1, adopted 11/9/91)(reaffirmed, Report U-2001, Item 1, adopted 11/11/01)

Abortion


    RESOLVED, That the North Carolina Medical Society considers an abortion to be a procedure which should only be performed by a licensed physician; that the decision to perform an abortion should be made by the woman and her physician; that the physician has the responsibility to provide to the patient complete information about a woman's alternatives or refer her to a physician who can; and that any physician whose personal beliefs are in conflict with the interruption of a pregnancy should under no circumstances be required to perform or assist in an abortion, and be it further

RESOLVED, That the North Carolina Medical Society supports funding for abortions for the indigent.


(Resolution 3-1972, adopted 5/23/72)(revised, Report D-1986, Item 1, adopted 5/3/86)(amended, Report OO-1997, Item 35, adopted 11/16/97)
(revised, Report L-1-2004, Item 2, adopted 11/14/2004)

ADVERTISING

Radio and Television Advertising of Alcoholic Beverages


    RESOLVED, That the North Carolina Medical Society oppose radio and television advertising of alcoholic beverages, particularly those aimed directly at young audiences, those aired during sporting events, and those which draw a positive correlation between physical performance and the consumption of alcoholic beverages; and be it further

RESOLVED, That the North Carolina Medical Society encourage the chancellors, athletic directors and coaches of the North Carolina University System to strongly oppose the radio and television advertising of alcoholic beverages during the broadcasts of intercollegiate sporting events involving teams in the North Carolina University System.


(Resolution 19-1992, adopted as amended 11/8/92)(revised, Report H-2002, adopted 11/17/02)

Response to Advertisements Negatively Portraying the Practice of Medicine


    RESOLVED, That the North Carolina Medical Society membership be strongly encouraged to notify the Society about any advertisement that negatively portrays physicians and the practice of medicine; and be it further

RESOLVED, That the North Carolina Medical Society respond to advertisers who portray the medical profession in a negative manner, in order to review the advertiser's message, seek retraction or correction, and to discourage the advertiser from using negative or inaccurate messages in any future advertising; and be it further

RESOLVED, That the North Carolina Medical Society continue to seek opportunities to portray a positive image of the medical profession to the public.


(Substitute Resolution 24-2001, adopted 11/11/01)

Opposition to Deceptive Advertising


    RESOLVED, That the North Carolina Medical Society oppose deceptive advertising as a means of attracting patients.


(Resolution 16-1978, adopted 5/6/78) (reaffirmed, Report II-1989, Item 7, adopted 11/11/89) (revised, Report L-1999, Item 17, adopted 11/14/99)

AIDS

Support for the State HIV Medications Program and for Expanded HIV Prevention, Education, and Outreach Efforts, Including Needle Exchange Programs


    RESOLVED, That the North Carolina Medical Society continue its strong support for sufficient funding for the state program that provides medications for people infected with HIV to ensure that all eligible individuals are able to receive the most current and effective pharmaceutical therapies for their disease; and be it further

RESOLVED, That the North Carolina Medical Society continue its strong support for sufficient state funding for comprehensive HIV prevention programs throughout North Carolina; and be it further

RESOLVED, That the North Carolina Medical Society support legislation to permit needle exchange programs in communities that volunteer for such programs; and be it further

RESOLVED, That the North Carolina Medical Society encourage local physicians to support needle exchange programs in communities in which they are established.


(Report G-1999, adopted 11/14/99)

Support Funding for HIV Medications Program and for Comprehensive HIV Education and Prevention Programs


    RESOLVED, That the North Carolina Medical Society support sufficient funding for the state program that provides medications for people infected with HIV to enable the program to assure that all eligible individuals are able to receive the most current and effective pharmaceutical therapy for their disease; and be it further

RESOLVED, That the North Carolina Medical Society support sufficient funding to assure the availability of comprehensive HIV education and prevention programs across the state.


(Report DD-1998, adopted 11/15/98)

Needle Exchange Programs


    RESOLVED, That the North Carolina Medical Society support legislation encouraging public health needle exchange programs targeted at intravenous drug users as a proven adjunct to HIV infection prevention.


(Report C-1997, adopted 11/16/97)

Needle Exchange to Reduce HIV


    RESOLVED, That the North Carolina Medical Society endorse a pilot program in North Carolina for needle exchange to reduce the spread of HIV and other bloodborne diseases.


(Report U-1997, adopted 11/16/97)

Funding for HIV Medication Programs


    RESOLVED, That the North Carolina Medical Society support:Continuation of funding for the HIV Medications Program for low income HIV infected persons; and Allowing the program to keep for future use any unexpended funds from current or future years to enhance the ability of the program to cover its ever growing client base and to respond rapidly to changes in the treatment regimen.


(Report D-1996, adopted as amended 11/17/96)

HIV Testing of Pregnant Women


    RESOLVED, That the North Carolina Medical Society support as standard care that all pregnant women should (1) be counseled about the benefits of HIV testing; (2) be strongly encouraged to have HIV antibody testing, and (3) receive education about the substantial reduction in vertical transmission of HIV with treatment of zidovudinc; and be it further

RESOLVED, That the North Carolina Medical Society support the right of each patient to consent to or refuse HIV testing, following appropriate education and counseling; and be it further

RESOLVED, That the North Carolina Medical Society work with appropriate agencies to educate the public about (1) the importance of HIV testing of pregnant women and neonates; (2) the use of zidovudinc to decrease vertical transmission of HIV, and (3) other ways to decrease maternal HIV transmission, such as HIV positive women not breast-feeding.


(Resolution 29-1996, adopted 11/17/96)

North Carolina Medical Society AIDS Policies


    RESOLVED, That all North Carolina Medical Society policies related to sexually transmitted diseases, AIDS and HIV be revised as follows:Acquired Immune Deficiency Syndrome (AIDS)

RESOLVED, that the North Carolina Medical Society reaffirm its commitment to the mutual benefit of the physician-patient relationship and express its intent that actions by the Society with regard to issues related to HIV and other bloodborne diseases continue to be undertaken after careful consideration of the potentially beneficial and detrimental effects of such action for the patient and physician:

Physicians' Ethical ResponsibilitiesA physician may not ethically refuse to treat a patient whose condition is within the physician's current realm of competence solely because the patient is HIV seropositive. Persons who are seropositive should not be subject to discrimination because of fear or prejudice. Physicians who are unable to provide services to HIV-infected patients should make referrals to those physicians equipped to provide such services. It is in the best interest of the patient for the physician to focus on treatment of the disease, rather than on making value judgments about how the disease was contracted.

Patient's Legal ResponsibilityThe North Carolina Medical Society shall support the implementation of appropriate rules, regulations and legislation requiring HIV positive persons who are aware of their status to divulge it to appropriate health care providers.

HIV Test AvailabilityThe North Carolina Medical Society shall support the establishment of readily available HIV test sites for any person wishing to be tested.The North Carolina Medical Society shall support and encourage persons suspecting they have been exposed to HIV to be tested so that appropriate treatment and counseling can begin if test results are seropositive.The North Carolina Medical Society shall encourage physicians and laboratories to review their procedures to assure that HIV testing conforms to the standards that will produce the highest level of accuracy.

Testing ProceduresThe North Carolina Medical Society shall support regulations requiring that appropriate pre-test and post-test counseling be an integral component of HIV diagnostic testing.Mandatory HIV TestingThe North Carolina Medical Society shall support mandatory HIV testing of potential donors of blood and blood fractions; breast milk; organs and other tissues intended for transplantation; and semen or ova for artificial conception.

Voluntary HIV TestingThe North Carolina Medical Society shall support providing HIV testing for individuals who may have come in contact with the blood, semen or vaginal secretions of an infected person in a manner that has been shown to transmit HIV infection including patients with the following characteristics: STD clinic patients; drug abuse clinic patients; persons seeking family planning services; all pregnant women; and newborns whose mother's HIV status is unknown.The North Carolina Medical Society shall support providing HIV testing for individuals who present with clinical signs and symptoms suggesting HIV infection including: persons with tuberculosis who also have any risk factors for HIV infection (NOTE: Many elderly patients with TB do not need HIV testing); persons who, during the period from 1978-1985, received blood or blood products; individuals who request testing; and individuals incarcerated in a county, state, or federal correctional institution.The North Carolina Medical Society shall continue to support HIV testing and counseling for patients whose care would benefit from this information. Voluntary testing should be encouraged for patients requiring surgical and/or other invasive procedures where the physician's knowledge of the patient's seropositivity would improve treatment.

Discrimination LawsThe North Carolina Medical Society shall condemn any act of categorical discrimination based on an individual's actual or imagined disease, including HIV infection.The North Carolina Medical Society shall encourage vigorous enforcement of existing anti-discrimination statutes; the incorporation of HIV as a category in future governmental legislation addressing discrimination; and enactment and enforcement of state and local laws, ordinances, and regulations to penalize those who illegally discriminate against persons based on disease.The North Carolina Medical Society shall encourage medical staff to work closely with hospital administration and their governing bodies to establish policies regarding HIV positive patients.

Confidentiality LawsThe North Carolina Medical Society shall support uniform protection at all levels of government, business and medical care of the identity of those with HIV infection, except where the public health requires otherwise.The North Carolina Medical Society supports enabling physicians to confidentially discuss a patient's serostatus with other health care providers involved in the patient's care without fear of legal sanctions. The North Carolina Medical Society shall discourage laws attempting to impede such a confidential exchange and shall support current laws protecting said confidential exchanges (see North Carolina General Statute Sec. 130A-143(3)). Confidentially must be strictly protected by the school system for all children with HIV infection. Only the principal, school nurse, teacher, parents and physician should be notified of the child's condition.

Contract Tracing and Partner NotificationThe North Carolina Medical Society shall support and encourage a system for every community for contact tracing and partner notification for sexual or needle sharing partners who might be HIV infected.The North Carolina Medical Society shall support provisions in the North Carolina contact tracing and notification program to provide adequate safeguards to protect the confidentiality of seropositive persons and their contacts, for counseling of the parties involved, and for the provision of information on counseling, testing, and treatment resources for partners of HIV infected persons who might be infected.

Sanctions for Willfully Infecting OthersThe North Carolina Medical Society shall support reporting to local public health officials of individuals suspected of knowingly and willingly risking infecting unsuspecting persons. Preemptive sanctions are endorsed by this recommendation.

Intravenous Drug UseThe North Carolina Medical Society shall support and encourage federal and state agencies to periodically determine the demographic characteristics of intravenous drug users, and the conditions under which intravenous drug equipment is shared.The North Carolina Medical Society shall urge federal, state, and local governments to increase funding for research and treatment of intravenous drug users.The North Carolina Medical Society shall support repeal of federal and state regulations based on incomplete or inaccurate scientific and medical data that restrict or inhibit methadone maintenance treatment.The North Carolina Medical Society shall support and encourage the availability of methadone maintenance for persons addicted to opioids.The North Carolina Medical Society shall support and encourage the development of health education outreach programs for sexual partners of intravenous drug users.The North Carolina Medical Society shall support and advocate continued attention to HIV risk reduction for adolescent drug users, including those with special needs such as the homeless, runaways and adolescents housed in correctional facilities.

Bleach DistributionThe North Carolina Medical Society shall support and encourage bleach distribution programs targeted at intravenous drug users as a proven adjunct to HIV infection prevention.

School Children With AIDSThe North Carolina Medical Society shall support day care and pre-school attendance of HIV infected children.The North Carolina Medical Society shall support and encourage the physician responsible for care of an infected child in a day care, pre-school, or school setting to receive information from the school on other infectious diseases in the environment and temporarily remove the HIV infected child from a setting that would likely pose a threat to his/her health.The North Carolina Medical Society shall support and encourage placement of HIV infected children for adoption or foster care.The North Carolina Medical Society shall support the North Carolina Commission for Health Services regulations on the management of HIV infected children in schools and in day care centers.

Guidelines for Schools1. Most children with AIDS or AIDS-related conditions represent no threat for AIDS transmission in the classroom and should be provided an education in the usual manner.2. Screening for HIV antibodies is inappropriate as a condition for school attendance.3. Children with HIV infection who in the judgment of a physician may pose a risk for HIV transmission to others because of increased exposure to blood and other body fluids should be removed from the classroom until an appropriate school program adjustment can be made. Appropriate alternative education program curricula in such situations should approximate the instruction the student will receive in the regular classroom so that when the child's personal physician determines that the risk of HIV transmission has abated that the child can return to the classroom.4. Children whose resistance to infection is so hindered/hampered by AIDS that contact with other children and common illnesses seriously threaten their well-being should be provided alternative education program instruction. (See alternative education program instruction in 3 above).

HIV-Infected Health Care WorkersThe North Carolina Medical Society shall support and encourage health care workers who perform invasive procedures to voluntarily determine their serostatus and/or to act as if their serostatus were positive.The North Carolina Medical Society shall support and encourage infected health care workers who perform invasive medical procedures as part of their duties to report their HIV positive status to the State Health Director.The North Carolina Medical Society shall support and encourage that, as a general rule and consistent with current scientific information, an infected health care worker be permitted to provide services as long as universal precautions are strictly observed and the physical and mental abilities of the worker to perform the required health care procedures are not compromised.The North Carolina Medical Society shall support and encourage laws and regulations that provide for due process protections and provide for strict confidentiality protection.

Blood Donations and TransfusionsThe North Carolina Medical Society shall support and encourage its members to work with blood banking organizations to educate prospective donors about the safety of blood donations and blood transfusion.The North Carolina Medical Society shall support and encourage the providing of educational information to physicians on alternatives to transfusion.The North Carolina Medical Society shall support and encourage physicians to inform high risk patients of the importance of self-deferral from blood and blood product donations.

Health Care SettingsThe North Carolina Medical Society shall endorse and recommend adherence to the CDC guidelines for infection control.The North Carolina Medical Society shall support home care for HIV positive patients and the training of nonprofessional home care givers, with special attention to infection control.The North Carolina Medical Society shall encourage employers of health care workers to provide, at the employer's expense, serologic testing for HIV infection to all health care workers who have documented occupational exposure to HIV.The North Carolina Medical Society shall use its resources in cooperation with other health organizations and agencies to facilitate the distribution of information on drug therapies available for HIV disease.

FundingThe North Carolina Medical Society shall continue support for adequate public and private funding for all aspects of this epidemic, including research, education and patient care for the full spectrum of the disease.The North Carolina Medical Society shall support increased funding for reimbursement and other incentives to encourage expanded availability of alternatives to inpatient care of persons with HIV disease, including intermediate care facilities, skilled nursing facilities, home care, residential hospice, home hospice and other support systems.

Education for Health Care ProfessionalsThe North Carolina Medical Society shall continue to work with other physician organizations, public health officials, universities, and others to assure: an easily accessible method of receiving the most current authoritative information on HIV, readily available training in HIV counseling and education, identification of effective ways to change those behaviors that place a person at risk of HIV infections a review of methods other than education and counseling that might be effective in preventing the spread of HIV especially the proven decrease in maternal to infant transmission by appropriate administration of AZT, special attention to reducing the spread of HIV among intravenous drug users.The North Carolina Medical Society shall recognize that the care of HIV-infected persons will be provided not only by specialists and referral centers, but by primary care physicians and other healthcare workers. As a result, the North Carolina Medical Society shall publish information and offer training to encourage and assist primary care physicians and other health care workers to become involved in the care of HIV-infected patients.The North Carolina Medical Society shall assist physicians in providing information concerning HIV prevention to their patients and, when the opportunity arises, to the public.

The North Carolina Medical Society shall also support educational efforts targeted to persons at increased risk of HIV infection.The North Carolina Medical Society shall continue to emphasize the importance of providing information and training to physicians, medical societies, and county alliance organizations so they can create and implement programs of prevention and treatment for HIV infection.The North Carolina Medical Society shall encourage physicians to provide accurate, current information to the public and to help determine local and state policy on HIV. Public statements on HIV disease, including efficacy of experimental therapies, should be based only on current scientific and medical studies.


(Report PP-1996, adopted as amended 11/17/96)

ALCOHOLISM

Impaired Drivers


    RESOLVED, That the North Carolina Medical Society supports a maximum blood alcohol level for operators of motor vehicles and boats that is supported by current medical evidence; and be it further

RESOLVED, That the North Carolina Medical Society supports efforts to guard against the operation of motor vehicles and boats by persons who are impaired by alcohol or drugs; and be it further

RESOLVED, That the North Carolina Medical Society supports a two-year follow-up treatment requirement for offenders convicted of driving while impaired in an alcohol and drug education traffic school or a substance abuse treatment program; and be it further

RESOLVED, That the North Carolina Medical Society supports requiring drivers, who have lost their licenses as a result of a conviction for DWI, to be medically reviewed before their license privileges are restored.


(Substitute Report K-1998, adopted 11/15/98) (revised, Report L1-2004, Item 25, adopted 11/14/2004)

ALL-TERRAIN VEHICLES (ATVS)

All-Terrain Vehicles


    RESOLVED, That the North Carolina Medical Society supports limiting the operation of all-terrain vehicles (ATV) to persons 16 years of age and older, who have a current driver's license, who have completed a safety course in ATV operation, and who wear a safety helmet.


(Substitute Report K-1993, adopted 11/7/93)(revised, Report H-2003, Item 3 #11, adopted as amended 11/16/03)

Physician Promotion of Safety in Operating All-Terrain Vehicles


    RESOLVED, That the North Carolina Medical Society supports the following concerning all-terrain vehicles (ATVs):



(Report P-1988, adopted as amended 5/7/88)(revised, Report MM-1998, Item 21, adopted 11/15/98) (revised, Report L1-2004, Item 53, adopted 11/14/2004)

ALLIED HEALTH PERSONNEL

Public Posting of Health Professionals' Education


    RESOLVED, That the NCMS work to determine the effectiveness of current North Carolina law regarding disclosure of professional credentials by health care practitioners.


(Report Q, 2001, adopted 11/11/01)

Co-Management


    RESOLVED, That the North Carolina Medical Society endorse the Position Paper entitled, "Ophthalmic Postoperative Care" and the voluntary guidelines concerning co-management that it contains; and be it further

RESOLVED, That this endorsement be made known to the Medicare carrier and other third-party payors that operate in North Carolina.


(Resolution 37-2000, adopted 11/12/00)

Criminal Record Check


    RESOLVED, That the North Carolina Medical Society supports a pre-employment criminal record check for non-licensed individuals seeking positions in health care institutions.


(Report GG-1996, adopted 11/17/96) (revised, Report L3-2004, Item 2, adopted 11/14/2004)

Regulation of Medical Acts by Nurses


    RESOLVED, That the North Carolina Medical Society supports joint adoption of regulations governing nurse practitioners by the North Carolina Board of Nursing and the North Carolina Medical Board; and be it further

RESOLVED That the North Carolina Medical Society supports the use of a joint subcommittee comprised of representatives from the North Carolina Medical Board and the North Carolina Board of Nursing as the entity to formulate regulatory proposals for nurse practitioners; and be it further

RESOLVED, That the North Carolina Medical Society supports a professional regulatory system whereby nurse practitioners obtain their nursing license from the North Carolina Board of Nursing and their authorization to perform medical acts from the North Carolina Medical Board.


(Resolution 5-1972, adopted 5/24/72)(Report S-1984, Item 8, adopted 5/5/84)(reaffirmed, Report CC-1994, Item 13, adopted 11/6/94) (revised, Report L3-2004, Item 3, adopted 11/14/2004)

AMA (AMERICAN MEDICAL ASSOCIATION)

Endorsement of AMA Statement of Collaborative Intent


    RESOLVED, That the North Carolina Medical Society endorse a Statement of Collaborative Intent that was endorsed by the AMA House of Delegates in June 1997.

STATEMENT OF COLLABORATIVE INTENT At its 1997 Annual Meeting, the AMA House of Delegates endorsed the following Statement of Collaborative Intent and asked that it be distributed to members of the Federation of Medicine for endorsement by their policy making bodies.

Preamble The Federation of Medicine is a collaborative partnership in medicine. This partnership is comprised of the independent and autonomous medical associations in the AMA House of Delegates and their component and related societies. As the assemblage of the Federation of Medicine, the AMA House of Delegates is the framework for this partnership.

Goals The goals of the Federation of Medicine are to:

Principles
  1. Organizations in the Federation will collaborate in the development of joint programs and services that benefit patients and member physicians.
  2. Organizations in the Federation will be supportive of membership at all levels of the Federation.
  3. Organizations in the Federation will seek ways to enhance communications among physicians, between physicians and medical associations, and among organizations in the Federation.
  4. Each organization in the Federation of Medicine will actively participate in the policy development process of the AMA House of Delegates.
  5. Organizations in the Federation have a right to express their policy positions.
  6. Organizations in the Federation will support, whenever possible, the policies, advocacy positions, and strategies established by the Federation of Medicine.
  7. Organizations in the Federation will support an environment of mutual trust and respect.
  8. Organizations in the Federation will inform other organizations in the Federation in a timely manner whenever their major policies, positions, strategies, or public statements may be in conflict.
  9. Organizations in the Federation will support the development and use of a mechanism to resolve disputes among member organizations.
  10. Organizations in the Federation will actively work toward identification of ways in which participation in the Federation could benefit them.


(Report X-1998, adopted 11/15/98) (revised, Report L-1-2004, Item 1, adopted 11/14/2004)

ANTITRUST

Antitrust Protection for Physicians


    RESOLVED, That the North Carolina Medical Society supports antitrust protection for joint and collective efforts and activities organized by individuals or groups of physicians for the purposes of (1) maintaining high quality medical care, (2) assuring access to medical care, and (3) achieving reductions in the cost of medical care.


(Resolution 16-1993, adopted as amended 11/7/93)(revised, Report H-2003, Item 3 #14, adopted as amended 11/16/03) (revised, Report L3-2004, Item 4, adopted 11/14/2004)

BIOMEDICAL RESEARCH AND EDUCATION

Animals in Biomedical Research


    RESOLVED, That the North Carolina Medical Society supports appropriate and humane use of animals in biomedical research as an ethical, effective, and necessary method of improving the health of animals and humans.


(Report P-1990, adopted 11/10/90)(reaffirmed, Report Q-2000, Item 3, adopted 11/12/00) (revised, Report L1-2004, Item 13, adopted 11/14/2004)

Medical Research Involving Animals


    RESOLVED, That the North Carolina Medical Society support civil and criminal penalties for nefarious activities intended to interfere with animal research, including the unauthorized release of research animals and the theft of data derived from animal research.


(Resolution 35-1990, adopted 11/10/90)(revised, Report Q-2000, Item 49, adopted 11/12/00)

BOXING

Boxing


    RESOLVED, That the North Carolina Medical Society supports the universal use of protective garb and the measures advocated by the World Medical Boxing Congress designed to reduce the incidence of brain and eye injuries inflicted during boxing, and therefore be it

RESOLVED, That the North Carolina Medical Society supports the principle that the professional responsibility of a physician who serves in a medical capacity at a boxing contest is to protect the health and safety of the contestants, and that the physician's judgment should be governed only by medical considerations and not the desire of spectators, promoters of the event, or even injured athletes that they not be removed from the contest.


(Resolution 3-1997, adopted 11/16/97) (revised, Report L2-2004, Item 15, adopted 11/14/2004)

CANCER

Comprehensive Cancer Programs in North Carolina Hospitals


    RESOLVED, That the North Carolina Medical Society urge appropriate hospitals in North Carolina to establish and maintain comprehensive cancer programs and that the current American College of Surgeons Guidelines for approval of such programs be recommended as a standard for such programs; and be it further

RESOLVED, That the Chair of the North Carolina Medical Society Cancer Committee or any successor committee maintain a copy of the current American College of Surgeons Guidelines for approval of comprehensive cancer programs for distribution to any hospital that requests a copy of the guidelines.


(Report S-1989, adopted 11/11/89)(revised, Report L-1999, Item 13, adopted 11/14/99)

Breast Reconstruction Availability


    RESOLVED, That the North Carolina Medical Society assert that all women who have had breast cancer surgery should have access to breast reconstruction if they desire it, whether at the time of initial treatment or later; and be it further

RESOLVED, That the North Carolina Medical Society assert that insurance carriers' coverage should not discriminate against the female breast for reconstructive coverage; and be it further

RESOLVED, That the North Carolina Medical Society support and initiate legislative efforts for the enactment of laws that ensure health insurance coverage of all costs associated with all stages of reconstruction that may be necessary, including symmetry operations in order to restore a woman's body to wholeness.


(Resolution 13-1996, adopted 11/17/96)

North Carolina Comprehensive Cancer Program


    RESOLVED, That the North Carolina Medical Society supports the North Carolina Comprehensive Cancer Program in the areas of cancer treatment for indigent patients and public education about cancer and data gathering through the North Carolina Central Cancer Registry.


(Report S-1984, Item 2, adopted 5/5/84) (reaffirmed, Report II-1995, Item 1, adopted 11/12/95) (revised, Report L1-2004, Item 3, adopted 11/14/2004)

CERTIFICATE OF NEED

Certificate of Need


    RESOLVED, to the extent that a certificate of need (CON) system is justified by state policy makers, that the North Carolina Medical Society support a health facility's planning system that requires a thorough examination, evaluation, and consideration of the following factors in any application for additional facilities:
  1. the availability of health care services to all patients;
  2. timely access to needed health care services and treatments;
  3. the harm caused to patients when health care treatments are unduly delayed; and,
  4. the additional expense incurred by patients when access to services is restricted.


(Substitute Resolution 4-2001, 11/11/01)

Certificate of Need Program


    RESOLVED, That to the extent a certificate of need system is justified by state policy makers, the North Carolina Medical Society support a health facilities planning system which provides a thoroughly fair process for the consideration of facility proposals from North Carolina-based physicians and health care providers; and be it further

RESOLVED, That the North Carolina Medical Society seek operational, administrative, and legislative changes to assure that all applicants for certificates of need are treated equitably; and be it further

RESOLVED, That the North Carolina Medical Society implement an advocacy program toa) collect relevant information regarding the experiences of physicians and physician organizations in the Certificate of Need program to be used in NCMS advocacy programs, and b) assure physician interests in the activities of the Department of Health and Human Services, including the development of the State Medical Facilities Plan and the administration of the Certificate of Need program, are appropriately represented.


(Report N-1999, adopted 11/14/99)

CHILD HEALTH

Expanded School Health Curriculum


    RESOLVED, That the North Carolina Medical Society supports the use of a required health curriculum within the school system which addresses such issues as accidents, homicides, suicides, obesity, physical fitness, nutrition, self-esteem, tobacco and substance abuse, pregnancy, child, elder, and spouse abuse, sexually transmitted infection, and other sexual issues in a comprehensive and age-appropriate fashion, and supports efforts to include parents in the teaching about these subject areas so that the environment at home will support the choice of a healthy lifestyle.


(Resolution 12-1993, adopted as amended 11/7/93) (revised, Report H-2003, Item 3 #5, adopted as amended 11/16/03)

Custody and Visitation Programs


    RESOLVED, That the North Carolina Medical Society supports requiring educational programs, such as the "Children of Divorce Program," for parents involved in custody or visitation proceedings, prior to the actual hearing.


(Resolution 11-1993, adopted as amended 11/7/93) (revised, Report H-2003, Item 3 #28, adopted as amended 11/16/03)

Ban on Mobile Infant Walkers


    RESOLVED, That the North Carolina Medical Society support the ban on the manufacture and sale of mobile infant walkers as recommended by the American Academy of Pediatrics and the American Medical Association.


(Resolution 9-2003, adopted as amended 11/16/03)

Amendment to North Carolina Law to Require Health Assessments for Children Upon Entry to Preschool Pre-Kindergarten Health Assessment


    RESOLVED, That the North Carolina Medical Society support the option for parents to obtain mandatory pre-kindergarten health assessments for their children anytime after the child’s third birthday and before December 31 of the kindergarten year.


(Substitute Report BB-1992, adopted 11/8/92) (revised Report H-2002, adopted 11/17/02)

Report of NC Child Fatality Task Force


    RESOLVED, That the North Carolina Medical Society support the North Carolina Child Fatality Task Force and work to accomplish the availability of the same basic services to all children in North Carolina, regardless of the county in which they reside. This will improve coordination among the agencies that serve children in North Carolina, laws and administrative rules governing the protection of children and the effectiveness of administration, methods for gathering and using information about children; and provide training and resources necessary for all persons serving children to do their jobs.


(Report Z-1992, adopted 11/8/92) (revised, Report H-2002, adopted 11/17/02)

Anti-Bullying In Schools


    RESOLVED, That the North Carolina Medical Society support policies and programs that enable students to go to school in a peaceful manner without fear of harassment, harm or criminal acts to themselves or others.


(Substitute Resolution 7-2002, adopted 11/17/02)

Obesity in Children and Adolescents


    RESOLVED, That the North Carolina Medical Society support policies and programs to decrease obesity in children and adolescents, therefore promoting the overall benefits of a healthy lifestyle.


(Resolution 15-2002, Resolve 1, adopted as amended 11/17/02)

Task Force on Healthy Weight in Children


    RESOLVED, That the North Carolina Medical Society seek the appointment of an interested and appropriate physician to serve as the North Carolina Medical Society’s representative on the North Carolina Task Force on Healthy Weight in Children; and be it further

RESOLVED, That the North Carolina Medical Society urge schools to utilize funds generated from soft drink machine sales to promote the implementation of increased physical fitness programs for their students.


(Report R-2001, adopted as amended 11/11/01)

Medical Evaluation of Preschool Children Prior to Placement for Special Education Services


    RESOLVED, That the North Carolina Medical Society support medical evaluations of preschool children prior to placement for special education services.


(Report S-1991, adopted 11/9/91) (revised, Report U-2001, Item 26, adopted 11/11/01)

Accidental Poisoning in Day Care Settings


    RESOLVED, That the North Carolina Medical Society support a requirement by the NC Day Care Commission that all day care centers develop and maintain a poison action plan, which includes state and national poison control center and physician telephone numbers; and be it further

RESOLVED, That day care employees be knowledgeable of the proper procedures to follow should a poisoning occur, and comply with the facility's action plan and administer activated charcoal or other appropriate remedies as directed by poison control centers or physicians.


(Report V-1991, adopted 11/9/91) (revised, Report U-2001, Item 27, adopted 11/11/01)

Adequate School Breaks and Lunch Times


    RESOLVED, That the North Carolina Medical Society inform policy makers of the need for adequate recess and lunch breaks for grades 1-5 in all North Carolina public schools; and be it further

RESOLVED, That the North Carolina Medical Society endorse mandatory recess and adequate lunch breaks for grades 1-5 in all North Carolina Public Schools; and be it further

RESOLVED, That the North Carolina Medical Society develop model legislation that would incorporate a daily recess into school accreditation standards for grades 1-5.


(Resolution 28-2001, adopted as amended 11/11/01)

Prevention of Firearm Injuries in Children


    RESOLVED, That the North Carolina Medical Society actively support the creation of legislation to reduce firearm morbidity and mortality among children age 18 and under while encouraging its members to (1) inquire as to the presence of household firearms as a part of childproofing the home; (2) educate parents to the dangers of firearms to children; (3) encourage parents to educate their children and neighbors as to the dangers of firearms; and (4) routinely remind parents to obtain firearm safety locks, to store firearms under lock and key, and to store ammunition separately from firearms; and be it further

RESOLVED, That the North Carolina Medical Society encourage its component societies to work with other organizations to increase public education of firearm safety.


(Resolution 10-1990, adopted as amended 11/10/90) (revised, Report Q-2000, Item 35, adopted 11/12/00)

Immigrant Children's Health Improvement


    RESOLVED, That the North Carolina Medical Society supports the expansion of the State Children's Health Insurance Plan and Medicaid benefits to include legal immigrant children and pregnant women.


(Substitute Resolution 42-2000, adopted 11/12/00) (revised, Report L2-2004, Item 5, adopted 11/14/2004)

Referral of Children for Dental Care


    RESOLVED, That the North Carolina Medical Society work with primary care physicians and the NC Dental Society to promote the best medical practices in early assessment and identification of oral health needs and to promote appropriate and timely referral to dental professionals for management.


(Resolution 43-2000, adopted 11/12/00)

Support Funding for Statewide Infant Mortality Reviews


    RESOLVED, That the North Carolina Medical Society seek adequate funding to support statewide Infant Mortality Reviews; and be it further

RESOLVED, That the North Carolina Medical Society support legislation to assure adequate funding of the First Step Campaign.


(Resolution 17-1999, adopted as amended 11/14/99)

Child Health Incentive Reform Plan


    RESOLVED, That the North Carolina Medical Society endorse requiring businesses to include well-baby and well-child care in employee health plans.


(Report N-1988, adopted 5/7/88) (revised Report MM-1998, Item 16, adopted 11/15/98)

Reimbursement for Health Services Rendered to Children in School Health Centers


    RESOLVED, That the North Carolina Medical Society supports adequate funding by private and public sources for medical acts rendered in school health centers by individuals who are licensed, certified, or otherwise authorized to provide them.


(Substitute Resolution 1-1998, adopted 11/15/98) (revised, Report L3-2004, Item 18, adopted 11/14/2004)

Underage Drinking


    RESOLVED, That the North Carolina Medical Society supports efforts to reduce underage drinking in North Carolina.


(Report T-1997, adopted as amended 11/16/97) (revised, Report L1-2004, Item 29, adopted 11/14/2004)

Mandatory Pre-School Assessment


    RESOLVED, That the North Carolina Medical Society supports a mandatory health assessment for preschool children.


(Report P and Resolution 17-1986, adopted 5/3/86) (revised, Report Y-1996, Item 2, adopted 11/17/96) (revised, Report L1-2004, Item 54, adopted 11/14/2004)

Child Abuse


    RESOLVED, That the North Carolina Medical Society supports comprehensive efforts to prevent the physical, psychological, and sexual abuse, neglect, and death of juveniles.


(Report C-1995, adopted 11/12/95) (revised, Report L1-2004, Item 26, adopted 11/14/2004)

Home Visitation/Head Start


    RESOLVED, That the North Carolina Medical Society supports funding to establish and adequately fund a home visitation program to prevent child abuse/neglect; and be it further

RESOLVED, That the North Carolina Medical Society supports funding to provide facilities so that every at-risk child in our state can attend Head Start for two years before he/she enters kindergarten.


(Report D-1995, adopted as amended 11/12/95) (revised, Report L3-2004, Item 7, adopted 11/14/2004)

Statewide Coordinator for SADD


    RESOLVED, That the North Carolina Medical Society supports adequate funding for a statewide coordinator for Students Against Driving Drunk (SADD).


(Report I-1995, adopted 11/12/95) (revised, Report L3-2004, Item 6, adopted 11/14/2004)

Elimination of the Sale of Tobacco Products through Vending Machines


    RESOLVED, That the North Carolina Medical Society opposes the sale of tobacco products through vending machines in NC.


(Report BB-1995, adopted as amended 11/12/95) (revised, Report L1-2004, Item 75, adopted 11/14/2004)

Learning Disabled and Speech-Language Impaired Children


    RESOLVED, That the North Carolina Medical Society supports public programs for children with special needs that require these children to undergo a comprehensive evaluation as part of the eligibility determination process for the categories of specific learning disabled and speech/language impaired and requiring that medical and psychological evaluations or screening be performed by qualified practitioners licensed or approved to practice in NC.


(Report D-1994, adopted 11/6/94) (revised, Report L1-2004, Item 27, adopted 11/14/2004)

Volunteer Vision and Hearing Screeners in Schools


    RESOLVED, That the North Carolina Medical Society supports the use of appropriately -trained volunteer vision and hearing screeners in NC schools.


(Resolution 4-1994, adopted as amended 11/6/94) (revised, Report L1-2004, Item 28, adopted 11/14/2004)

CHILDREN'S SPECIAL HEALTH SERVICES PROGRAMS

Childrens Special Health Services Program


    RESOLVED, That the North Carolina Medical Society endorse the following recommendations:
  1. Provider Participation
    1. Encourage physicians to be both Medicaid and CSHS providers of care for children with special health care needs.
    2. Encourage physicians to be primary care providers for children with special needs, and participate in EPSDT so that children identified with complex medical problems can be referred to appropriate evaluation and treatment services.
    3. Encourage CSHS to strengthen its relationship with primary care physicians.
    4. Seek competitive rates of reimbursement for providers.
    5. Seek to streamline the reimbursement process.
  2. Standards of Care and Quality Assurance
    1. Support the establishment of an agreement between the Division of Medical Assistance and CSHS to make CSHS a Medicaid provider of medical services. The agreement would allow CSHS to channel Medicaid children with chronic health care problems to qualified CSHS providers in order to assure competent services. However, families of Medicaid-eligible children would still have the right to choose other providers.
    2. Utilize CSHS quality-of-care guidelines to ensure that those children whose care is covered by Medicaid will receive at least the same level of care as currently available through CSHS.
  3. Fiscal Stability of Services for Children with Special Needs
    1. Seek funding to enable CSHS to continue to provide inpatient and outpatient medical services up to the federal poverty level as a net income until the twenty-first birthday for children with special needs who do not qualify for Medicaid.
    2. Seek new funds to enhance the CSHS service delivery system, including expanded clinic services, medical case management, and service coordination.
    3. Seek expansion of Medicaid eligibility to 100% of the poverty level for all children with special needs up to age 21.
    4. Seek to maintain or expand current state appropriations until CSHS program requirements are satisfied.
    5. Seek legislative authority for CSHS to carry forward funds to honor prior year obligations for a period of at least six months after the end of a fiscal year.
  4. Expanded Role for CSHS in the Implementation of the Education of the Handicapped Act (PL 94-142 and PL 99-457)
Support the development of an agreement between CSHS, the Department of Public Instruction, and Mental Health regarding medical case management and medical services for children receiving special education.


Report L-1990, adopted 11/10/90) (revised, Report Q-2000, Item 32, adopted 11/12/00)

Services for Victims of Child Maltreatment


    RESOLVED, That the North Carolina Medical Society urge the State of North Carolina to develop and fund a comprehensive, statewide program of specialized medical and mental health evaluation services for victims of child maltreatment through the Division of Maternal and Child Health.


(Resolution 34-2000, adopted 11/12/00)

Coding and Reimbursement for Children with Special Health Care Needs


    RESOLVED, That the North Carolina Medical Society ask the AMA and HCFA to establish CPT codes and a reimbursement schedule appropriate for those physicians who provide comprehensive health services to children with special health care needs.


(Resolution 6-1999, adopted 9/24/2000, by Executive Council, referred for action by HOD)

Children with Special Health Care Needs


    RESOLVED, That the North Carolina Medical Society supports ongoing efforts to adequately fund programs under physician direction for universal coverage of Children with Special Health Care Needs.


(Report H-1998, adopted as amended 11/15/98) (revised, Report L2-2004, Item 3, adopted 11/14/2004)

CIVIL JUSTICE

Physician and Patient Advocacy Protection Fund


    RESOLVED, That the Physician and Patient Advocacy and Protection Fund be used for legislative and lobbying activities, civil justice reform, and government relations activities; and be it further

RESOLVED, That the Fund be used for physician and patient advocacy, protection of physician autonomy to practice medicine, improvement and maintenance of systematic means of informing members at the grass roots level of legislative activities; and be it further

RESOLVED, That the Fund be used for other similar special projects and activities as warranted. These activities and special projects would require prior review and approval by the Board of Directors as well as prioritization regarding expenditures. No limit will be placed on the expenditures pending judgment of the need and the cause as approved by the Board of Directors.


(Report X-1994, adopted 11/6/94) (revised, Report L1-2004, adopted 11/14/2004)

COGNITIVE SERVICES

Cognitive Services Reimbursement


    RESOLVED, That the North Carolina Medical Society continue to support the concept that third party payors should provide equitable reimbursement for physicians' cognitive services in comparison with their procedural services; and be it further

RESOLVED, That the North Carolina Medical Society take appropriate action to promote this concept with third party payors, business groups, and other professional associations and appropriate legislative bodies.


(Resolution 26-1984, adopted 5/5/84) (revised, Report CC-1994, Item 31, adopted 11/6/94)

COMMUNICABLE DISEASES

Tuberculosis


    RESOLVED, That the North Carolina Medical Society supports treatment of tuberculosis cases and potential cases in accordance with the most current statement of the American Thoracic Society and Medical Section of the American Lung Association, "Treatment of Tuberculosis and Other Mycobacterial Diseases - Control of Tuberculosis."

RESOLVED, That the North Carolina Medical Society supports the use of the current North Carolina Tuberculosis Policy Manual issued and periodically updated by the Division of Epidemiology, TB Control Branch, N.C. Department of Health and Human Services, or its successor agency.


(Report E-1975, adopted 5/3/75) (revised, Report D-1986, Item 7, adopted 5/3/86) (revised, Report Y-1996, Item 11, adopted 11/7/96) (amended, Report OO-1997, Item 13, adopted 11/16/97) (revised, Report L1-2004, Item 64, adopted 11/14/2004)

CONFLICT OF INTEREST

Licensing Board Conflicts of Interest


    RESOLVED, That the North Carolina Medical Society work to identify actual conflicts of interest for individuals serving on health profession licensing boards, and bring those conflicts to the attention of the relevant licensing board and the North Carolina Board of Ethics.


(Report O-2001, adopted 11/11/01)

CONTRACEPTIVES

Contraception Services for Minors


    RESOLVED, That the North Carolina Medical Society opposes requiring parental notification when prescription contraceptives are provided to minors through federally funded programs, since they create a breach of confidentiality in the physician-patient relationship, and supports the provision of comparable services by physicians on a confidential basis where legally permissible.


(Resolution 14-1983, adopted 5/7/83) (reaffirmed, Report FF-1993, Item 2, adopted 11/4/93) (revised, Report H-2003, Item 3 #29, adopted as amended 11/16/03)

Funding for Contraceptive Technologies for All Women and Men


    RESOLVED, That the North Carolina Medical Society support the availability of contraceptive technologies to all women and men and funding for those unable to pay for contraception.


(Report RR-1992, adopted as amended 11/8/92) (revised, Report H-2002, adopted 11/17/02)

CONVERSION OF NON-PROFIT ENTITIES

Conversion of Hospital or Medical Service Corporation


    RESOLVED, That the North Carolina Medical Society opposes the conversion of any hospital service corporation or medical service corporation from not-for-profit status unless the corporation is required to transfer the fair market value of the ownership interest of that corporation to an irrevocable trusts held for the benefit of the health needs of the public.


(Emergency Resolution 1-1997, adopted as amended 11/16/97) (revised, Report L3-2004, Item 15, adopted 11/14/2004)

COPYRIGHT LAWS

Relief from Certain Restrictions Imposed by the Prevailing Copyright Laws


    RESOLVED, That the North Carolina Medical Society continue to seek relief on behalf of the medical profession from the severe restrictions of the prevailing copyright laws, thereby making current or past medical literature more available to physicians and other persons involved in healthcare delivery, teaching, or research.


(Resolution 1-1991, adopted 11/9/91) (revised, Report U-2001, Item 28, adopted 11/11/01)

CORPORAL PUNISHMENT

Corporal Punishment in Public Schools


    RESOLVED, That the North Carolina Medical Society endorse the concept that corporal punishment in schools and day care facilities is inappropriate; and be it further

RESOLVED, That the North Carolina Medical Society support laws and regulations that prohibit the use of corporal punishment in schools and day care facilities.


(Resolution 9-1986, adopted 5/3/86) (Report KK-1991, Item 10, adopted as amended 11/9/91) (revised, Report U-2001, Item 29, adopted 11/11/01)

COST CONTAINMENT

Cost Containment


    RESOLVED, That the North Carolina Medical Society ask all physicians to continue their efforts to contain medical costs.


(Resolution 6-1979, adopted 5/5/79) (reaffirmed, Report II-1989, Item 8, adopted 11/11/89) (Report L-1999, Item 2, adopted 11/14/99)

Cost Containment Activities


    RESOLVED, That the North Carolina Medical Society supports the use of hospital utilization data to develop programs for cost containment; and be it further

RESOLVED, That the North Carolina Medical Society supports cost containment activities between organized medicine and strategic segments of the community; and be it further

RESOLVED, That the North Carolina Medical Society supports cost containment activities be pursued through appropriate Society mechanisms as may be required; and be it further

RESOLVED, That the North Carolina Medical Society supports cost containment activities at the local level.


(Report T-1984, adopted 5/5/84) (revised, Report CC-1994, Item 15, adopted 11/6/94) (revised, Report L2-2004, Item 11, adopted 11/14/2004)

CREDENTIALING

Privacy in Credentialing Applications


    RESOLVED, That questions on credentialing applications concerning an applicant’s personal or professional impairment should be limited to disclosure of impairments occurring not more than five years prior to the date of application, or if the application is for renewal of credentials, the application should not require disclosure of impairments more remote than the date the applicant was last credentialed; and be it further

RESOLVED, That questions on credentialing applications regarding an applicant’s personal or professional impairment should be limited to conditions adversely affecting the applicant’s ability to practice medicine.


(Substitute Resolution 19-2001, adopted 11/11/01)

CRIMINAL LAW

Child Abuse


    RESOLVED, That the North Carolina Medical Society recognizes child abuse and neglect as a significant health problem, and be it further

RESOLVED, That the North Carolina Medical Society urge its members to cooperate with state and local child protection agencies in reporting suspected child abuse cases.


(Resolution 4-2000, adopted as amended 11/12/00)

Criminalization of Medical Acts


    RESOLVED, That the North Carolina Medical Society opposes the criminalization of medical acts performed by licensed practitioners.


(Resolution 49-1998, adopted 11/15/98) (revised, Report L3-2004, Item 8, adopted 11/14/2004)

DEA -- DRUG ENFORCEMENT ADMINISTRATION

Disclosure of Drug Enforcement Administration Information


    RESOLVED, That the North Carolina Medical Society oppose: (1) the practice of requiring use of the Drug Enforcement Administration (DEA) license number for any purpose other than for verification to the dispenser that the prescriber is authorized by federal law to prescribe a controlled substance; (2) the sale or release of DEA number data to non-governmental entities; and (3) the use of DEA number data to track prescription histories of physicians for commercial use; and be it further

RESOLVED, That the North Carolina Medical Society Executive Council investigate the feasibility of seeking legislation at the state level to prevent the use of DEA numbers for any purpose other than prescribing controlled substances and report back to the 2000 meeting of the North Carolina House of Delegates; and be it further

RESOLVED, That the North Carolina Medical Society Executive Council determine the status of federal legislation to accomplish the purposes set forth in the above Resolves, support the American Medical Association in its efforts to obtain passage of such legislation, and report periodically to the Medical Society membership and the Medical Society House of Delegates on the progress of these efforts.


(Substitute Report X-1999, adopted 11/14/99)

DEATH and DYING

Long-Term Feeding Tubes


    RESOLVED, That the North Carolina Medical Society supports educational efforts for physicians and other allied professionals, as well as for patients and their families, on the appropriateness of the placement of long term feeding tubes in decisionally incapable adult patients who suffer from a chronic, progressive illness.


(Report E-2003, adopted as amended 11/16/03)

No Code or Do Not Resuscitate Orders


    RESOLVED, That the North Carolina Medical Society maintain and update as the law changes a document for members entitled "Policy for No Code or Do Not Resuscitate Orders;" and be it further

RESOLVED, That the North Carolina Medical Society make the revised text of the "Policy for No Code or Do Not Resuscitate Orders" available to its members through the Medical Society's Website.

Policy for No Code or Do Not Resuscitate Orders
The North Carolina Right to a Natural Death Act recognizes a patient's right to a peaceful and natural death. Optional and nonexclusive statutory procedures are available to provide a safe harbor of protection from liability in circumstances involving withholding or withdrawing extraordinary means of life support or artificial nutrition or hydration for a terminally ill patient who is comatose or for a patient in a persistent vegetative state. The statute defines "extraordinary means" as "any medical procedure or intervention which in the judgment of the attending physician would serve only to postpone artificially the moment of death by sustaining, restoring, or supplanting a vital function."

While these procedures are useful and recommended as a liability management device under appropriate circumstances, the Act also authorizes following the common law, and so doing may allow greater sensitivity to patient needs. The common law continues to grow through court decisions and addresses questions relative to the patient's right to control his or her medical care decisions and to die with dignity. While the statutory procedures are available, the physician has a degree of freedom in this area to use the often less stringent common law sensitively to mesh patient needs and rights with legal constraints. North Carolina law also provides for a Health Care Power of Attorney and grants immunity to persons and institutions honoring it.

It is our policy to provide service to dying patients in the most sensitive and humane manner prudent under the circumstances. When consistent with this policy, it is ethical to withhold life-sustaining treatment. There is no ethical or medical distinction between withdrawing treatment and withholding it.

The presence of a do not resuscitate (DNR) order or an order to limit, withhold or discontinue life-sustaining treatment does not relieve the physician of the responsibility of continuing to monitor the condition of the patient and provide symptomatic relief. The decision to initiate a DNR order does not preclude the tailoring of limited support modalities to meet individual patient needs. Such will require additional timely orders on an ongoing basis that are appropriately documented. The nursing staff is responsible for providing the supportive therapy and care necessary to maintain the dignity and quality of the life of the patient, as well as notifying the physician of significant changes in the patient's condition. While not yet common, new federal laws and accrediting requirements should increase the frequency of use of advance directives, such as living wills and health care powers of attorney.

Should a conflict arise between and among the medical staff, the nursing staff and/or the patient's family regarding the issuance of a DNR order or other order to limit, withhold or discontinue life-sustaining treatment, the institution's ethics committee or other appropriate entity should be asked to provide a clearinghouse for discussion of the conflict.
  1. General guidelines applicable to all no code or DNR orders
    1. Orders shall be issued only by the patient's physician.
    2. The orders shall be in writing and placed in the physician's order section of the medical record.
    3. The physician shall state in a progress note of the chart the basis for the execution of the DNR order, including the patient's medical status and prognosis and that such an action is in keeping with the patient's rights, wishes and best interest.
    4. Relevant conversations with family members or patient representatives should be noted in the medical record by physicians and other allied health personnel along with the presence or absence of an advance directive. Any advance directive should be contained in the patient record.
    5. Details of the acceptability of telephone or verbal DNR orders shall be established in individual health care institutions or agencies through a joint effort of the medical staff and the administration.
    6. Orders to limit, withhold or discontinue life-sustaining treatment, including a DNR order, shall be routinely renewed in writing in a timely manner under policies established by the medical staff and the administration of the institution or agency.
    7. Such orders shall also be reviewed whenever there is: (a) a change in the patient's condition, including mental status; (b) a change in the patient's, family's or surrogate's wishes; (c) a change in the patient's physician; (d) a transfer to another care setting.
    8. New orders to limit, withhold or discontinue extraordinary means or artificial nutrition or hydration, including the execution of a DNR order, shall be written, if appropriate, in accordance with these procedures after such reassessment.
  2. Specific procedures for writing no code or DNR orders
    1. The common law procedure
      Orders to limit, withhold or discontinue extraordinary means or artificial nutrition or hydration (or DNR orders) when the primary physician chooses not to apply the provisions of the Right to a Natural Death Act and there is no Health Care Power of Attorney.

      While it may be appropriate to use the procedures contained in the Natural Death Act outlined in 2 (which follows) in order to have the civil and criminal immunity protections it offers, there are circumstances in which the physician may elect not to do so. In those circumstances the physician should follow the general guidelines above. The order should be written, reviewed and renewed or changed as described in the general guidelines.


    2. The procedure applying the provisions of the Right to a Natural Death Act
      Orders to limit, withhold or discontinue extraordinary means or artificial nutrition or hydration (or DNR orders) when the primary physician chooses to apply the provisions of the Right to a Natural Death Act.

      1. Where There Is a Living Will
        A patient may declare, through a living will executed in accordance with G.S. 90-321(d), a desire that his life not be prolonged by life-sustaining treatment. If such a living will has not been revoked, then life-sustaining treatment may be limited, withheld or discontinued upon the direction and under the supervision of the physician, in which case the physician should:

      1. Place a copy of the patient's declaration (living will) in the medical record.
      2. Document in the physician's orders section of the medical record all DNR orders or orders to limit, withhold or discontinue life-sustaining treatment.
      3. State in a progress note of the chart the basis for the execution of the DNR order.
      4. Document in the medical record that one or more vital functions may be restored or sustained only by extraordinary means or artificial nutrition or hydration.
      5. Document that the patient's present condition is terminal and incurable or that the patient is in a persistent vegetative state.
      6. Have a consulting physician record a statement in the medical record concurring with the physician's assessment of the patient's present condition.
      1. Where There Is No Living Will
        Where there is no living will, the following are the requirements for issuing a DNR order:

      1. The order shall be written as described in the general guidelines.
      2. Proper documentation of a DNR order is accomplished by recording the following in the patient's medical record:
        • A statement by the patient's physician that the patient has not made a living will.
        • A statement by the physician that the patient is comatose with no reasonable possibility of returning to a cognitive sapient state or is mentally incapacitated; and that the patient's present condition is terminal and incurable or the patient is diagnosed as being in a persistent vegetative state; and that one or more vital functions can be restored or sustained only by life-sustaining treatment.
        • A statement by a consulting physician who concurs with the physician's assessment of the patient's present condition.
        • A statement by the physician that the limiting, withholding or discontinuance of life-sustaining treatment was upon the direction and under the supervision of the physician with the concurrence of the patient's health care agent, guardian, spouse, or majority of relatives of the first degree, in that order, if any are available.
        • If the patient's agent, guardian, spouse, or majority of relatives of the first degree are not available, a statement by the physician that such was the case and that the limiting, withholding or discontinuance of life-sustaining treatment was at the physician's discretion, upon his direction and under his supervision.
    1. The procedure to follow if the patient has a Health Care Power of Attorney
      In addition to the general guidelines, the following procedures should be observed:

    1. The medical record should contain a copy of the signed, written determination by the person designated in the document to make this determination that the patient lacks sufficient understanding or capacity to make or communicate decisions relating to the patient's health care.
    2. Signed instructions of the health care agent to withhold or withdraw life-sustaining procedures should be in the medical record.


(Resolution 40-1991, adopted 11/9/91) (revised, Report U-2001, Item 25, adopted 11/11/01)

Layman's Guide to Death With Dignity


    RESOLVED, That the North Carolina Medical Society Ethical and Judicial Affairs Committee update the document titled "Layman's Guide to Death with Dignity" so that the document will accurately reflect the current laws which govern the use of advance directives; (see revised text below) and be it further

RESOLVED, That the North Carolina Medical Society make the revised text of the "Layman's Guide to Death with Dignity" available to its members through the Medical Society's website; and be it further

RESOLVED, That the North Carolina Medical Society seek to develop partnerships with other organizations that have an interest in the "Layman's Guide to Death with Dignity" so that the document can be printed and distributed in written form at no cost to the North Carolina Medical Society.

LAYMAN'S GUIDE TO DEATH WITH DIGNITYIt is becoming increasingly difficult to die peacefully, whether in North Carolina or anywhere else in the United States today. If you had the choice, you would probably wish to live a long, healthy and happy life and then die suddenly in your sleep. For a few people, death does come quickly: they have a massive heart attack or stroke or an accident, and it's all over in a matter of minutes. But most of you will face a quite different end to your life. You may become ill and deteriorate over weeks or months or years, or a sudden accident or catastrophic illness may occur. In either case, you may become unconscious or otherwise unable to make decisions. Unless you take certain steps before that happens, you will have no control over the medical decisions that are made for you during your final days.

As an alert, competent adult, you are able to exercise your right to make decisions concerning your own health care. You can decide to go ahead with certain treatments or operations or you can decide that you would prefer not to undergo them. The trouble arises when you are no longer alert and competent and can no longer make such decisions. Most of you will pass through that stage toward the end of your life, so you need to make your wishes known now about how you wish your health care managed at that time.Medical technology has progressed so far in this country that it's often possible to keep people "alive" well beyond the point where their life has meaning or quality. Patients who can't communicate their wishes regarding their medical care can be kept alive by heart-lung resuscitation, breathing machines, artificial feeding and other methods. Many people see this as postponing death rather than sustaining life.

In earlier times, there were fewer heroic life-saving technologies, and most patients had a personal family physician who knew their wishes concerning life-sustaining measures and would be available and able to ensure a peaceful death with dignity. Today, a personal physician who knows your wishes is still the best safeguard against care you do not want. But many patients don't have a personal physician or, if they do, that physician may not be present when needed for these decisions. For these reasons, written expressions of your wishes have become very important. Public opinion and North Carolina law supports a person's right to make such personal decisions, so you or a loved one can die with the dignity you expect.

You may have heard of a living will, one such document that safeguards certain legal rights you have regarding the kind of care you'll receive at the end of your life. But those rights only apply to people who are terminally and incurably ill, or in a persistent vegetative state. An example of terminally and incurably ill would be people in the last stages of cancer or heart disease. An example of persistent vegetative state would be people with brain injuries from accidents -- their eyes open, they can move and react to pain, but they cannot respond purposefully to the world around them; they are not aware.

The living will does not apply to people who have had a stroke and lapse into coma. Such people are totally and completely unresponsive, but not terminally and incurably ill, nor are they in a persistent vegetative state. Sometimes they can breathe unaided and their heart beats, but that is the extent of their life. The living will also does not apply to people who develop severe dementia. These individuals undergo progressive and untreatable mental degeneration and eventually become totally unable to care for themselves. None of these people can be helped by a living will until just before they die because until then, they cannot be defined as terminally and incurably ill or in a persistent vegetative state, and that can be many years after they become ill. Advance care documents state the kind of care you expect at the end of your life should you become unable to speak and decide for yourself. The living will, the health care power of attorney, and the medical directive are the advance care documents that let competent people instruct their family, physicians, friends, lawyers, clergy and others important in their lives about their wishes for medical care.

This booklet was written to help people who want to die with dignity. It explains what advance care documents can do and discusses the shortcomings of each. It is the result of the cooperative efforts of most of the people who could be involved in helping you during the last months of your life: physicians, nurses, emergency medical personnel, clergy, ethicists, attorneys, and representatives of nursing homes, hospices, home health agencies and hospitals. We all want you to be able to decide for yourself what you do and do not want done to you when you are no longer able to speak for yourself and have your wishes carried out.Printed copies of a living will and a health care power of attorney are enclosed with this booklet. Examine them carefully. You might want to consult with your family, physician, friends, attorney and clergy.

Advance Care Documents The Living WillNorth Carolina has a law (the Right to a Natural Death Act) that says you can execute a living will (exactly as presented in the enclosed living will form) and that it will be honored. In effect, when you execute a living will you state that you do not want your life to be prolonged by extraordinary means or artificial nutrition or hydration if you choose in the event of a terminal and incurable condition or a persistent vegetative state. A living will is simple to fill out and only requires the signature of two witnesses (who are not related to you) and a notary public. It is a good starting place for people who want to control the end of their life. You write and sign a living will when you are mentally alert and competent. It remains effective when you can no longer direct your health care. This is the first and easiest step to ensure your death with dignity.Living wills have limited applications. A living will executed in North Carolina may not be valid in another state since living will laws differ in virtually every state that has one. Living wills don't apply to people in a coma or with severe dementia unless they are also terminally and incurably ill. There is also a continuing controversy about what is and is not meant by a "desire that my life not be prolonged by extraordinary means." (Does it just mean don't restart my heart if it stops, or does it mean don't treat my pneumonia?) But because North Carolina law protects doctors, nurses and other healthcare personnel who honor your properly executed living will, it is an excellent way of having your wishes carried out.

Health Care Power of AttorneyThere is a better chance that your wishes expressed in our living will or medical directives will be carried out if you discuss them in advance with your physician and with your next of kin. Even better, you can also name someone to make healthcare decisions for you (your surrogate) by executing a health care power of attorney. Your surrogate can be anyone you choose from your spouse or adult children to a friend or attorney.

A durable power of attorney is a document that people have drawn up to give someone else the power to handle their business affairs for them should they become unable to act for themselves. A health care power of attorney does the same thing regarding medical care. Your surrogate makes healthcare decisions for you when you no longer can. North Carolina law allows you to give extensive directions to your surrogate, including incorporation of medical directives, and protects healthcare personnel who comply with the surrogate's instructions on your behalf. For example, it may be made broad enough to cover withholding life sustaining procedures or artificial feeding and hydration, for severe dementia. There is a health care power of attorney included in this packet. Study it, talk about it, and modify it, if you wish. It is legally protected and will provide clear evidence of your intentions.

The Medical DirectiveBecause of the shortcomings of the living will, there was a movement in North Carolina toward the use of medical directives. This trend, however, subsided upon passage of the more flexible health care power of attorney. Nevertheless, a medical directive still may be used. With a medical directive you may specify in advance, while you are mentally alert and competent, certain situations in which you do or don't wish certain medical interventions done to you. You can say, for instance, that if you have severe dementia and you develop pneumonia, you do want antibiotics given to you to treat the pneumonia. Or you can say that if you have severe dementia and then have a stroke and are unable to swallow food, you don't want a feeding tube put into you. You can limit the place you receive care, such as refusing transfer to a hospital as long as you can be kept comfortable at home or in a nursing home.

The power to execute a medical directive comes from your virtually unlimited right as a mentally alert and competent adult to refuse treatment. A medical directive is valuable evidence of decisions you made while you were competent for use in time when you are not competent. Remember, if you incorporate it into your health care power of attorney, you give additional legal protections to caregivers who follow your wishes. Of course, it's impossible to foresee all the situations that might happen to you, but stating your wishes for some situations will be a helpful guide for those who will be making decisions about your care.All advance care documents have shortcomings, of course. In an ideal situation you would remain awake and alert and pain-free, giving all the needed directions for your own care. No advance care documents can take the place of the alert and competent patient, nor can they give you an absolute guarantee that your wishes will be followed. There can be no absolute guarantees as long as there are other people around your bedside telling your doctor to do more. But there is little question that the people involved in your care will do their best to abide by your wishes if you have gone to the trouble of filling out a living will and/or a health care power of attorney. Besides just filling out documents, though, it is very important to discuss your wishes with your family and your physician. What these steps taken together provide is clear and convincing evidence of your wish to die with dignity, the best possible way to assure today that you will die that way in the future.

Where to Put Your Advance Care DocumentsNo advance care document will do any good if it is not placed where it can be located when needed. It should certainly be placed in your medical record in your doctor's office; another copy should be in your home. If you are receiving hospice care, home health care or are in a nursing home, a copy should be in the office of that agency or facility.

Certain people besides your doctor should also have a copy of your advance care documents: your spouse, your surrogate, and your next of kin. In addition, you may also want to give copies to your adult children, one or more close friends, your clergy or pastor, the nurse or home health aide who takes care of you or any other person you feel should have access to or know about the documents.


(Report N-1990, adopted as amended 11/10/90) (revised, Report U-2001, Item 45, adopted 11/11/01)

Durable Power of Attorney for Medical Decision Making in North Carolina


    RESOLVED, That the North Carolina Medical Society endorse the concept of a durable power of attorney for medical decision making in our state.


(Resolution 13-1987, adopted 5/2/87) (reaffirmed, Report Q-2000, Item 6, adopted 11/12/00)

Living Wills


    RESOLVED, That the North Carolina Medical Society support activities to inform patients of their right to die consistent with the Patient Self-Determination Act; and be it further

RESOLVED, That the North Carolina Medical Society encourage its members to discuss end-of-life decisions with their patients in order to assure that the patient's autonomy is not infringed; and be it further

RESOLVED, That the North Carolina Medical Society assist its members in their efforts to discuss these issues with their patients.


(Resolution 8-1982, adopted 5/7/82) (revised, Report JJ-1992, Item 7, adopted 11/8/92) (revised, Report Q-2000, Item 41, adopted 11/12/00)

North Carolina Right to Natural Death Statutes


    RESOLVED, That it is the position of the North Carolina Medical Society that the procedure set forth in the North Carolina Right to Natural Death Act for withholding or discontinuing extraordinary life support is not the exclusive procedure for entry of a "no code" order. The procedure is entirely optional and makes nothing that was legal before its enactment illegal, but rather provides an alternative that may be followed in order to minimize liability exposure for situations involving withholding or discontinuing life supports including "no code" situations; and be it further

RESOLVED, That the North Carolina Medical Society make every effort to communicate the optional nature of the act to hospital administrators, nursing groups, and other health professionals.


(Report K-1982, adopted 5/7/82) (revised, Report JJ-1992, Item 5, adopted 11/8/92) (revised, Report Q-2000, Item 42, adopted 11/12/00)

Policy Statement on Death and Dying and Care of the Terminally Ill


    RESOLVED, That the North Carolina Medical Society work with other organizations concerned with the care of the sick and dying such as the North Carolina Hospital Association, the North Carolina Council of Churches, the North Carolina Health Care Facilities Association, and the North Carolina Hospital Chaplains Association to preserve the dignity and peace of the individual in all matters pertaining to death; and be it further

RESOLVED, That the North Carolina Medical Society endorse the Hospice concept and encourage its members to familiarize themselves with and participate in this approach to the care of the terminally ill patient; and be it further

RESOLVED, That the North Carolina Medical Society encourage medical schools and other institutions involved in the education of health professionals to devote increased attention in their teaching programs to the special problems involved in the care of terminally ill patients; and be it further

RESOLVED, That the North Carolina Medical Society encourage hospitals and nursing homes to provide in-service education programs for all health workers to increase their understanding of and sensitivity to the special needs of the dying patient and their families; and be it further

RESOLVED, That the state and local medical societies cooperate with educational, religious, or other interested organizations in sponsoring community forums for public education on the realities of caring for the dying patient.


(Report E-1979, adopted 5/5/79) (revised, Report II-1989, Item 14, adopted 11/11/89) (revised, Report L-1999, Item 18, adopted 11/14/99)

Universal Do Not Resuscitate Order Form


    RESOLVED, That the North Carolina Medical Society supports the use of the universal Do Not Resuscitate (DNR) form approved by the North Carolina Department of Health and Human Services.


(Report I-1998, adopted 11/15/98) (revised, Report L1-2004, Item 7, adopted 11/14/2004)

End of Life Issues


    RESOLVED, That the North Carolina Medical Society supports efforts at all levels to enhance understanding of end of life issues so that health care professionals are able to provide optimal compassionate palliative care of terminally ill patients.


(Report LL-1998, adopted 11/15/98) (revised, Report L1-2004, Item 8, adopted 11/14/2004)

DIABETES

Diabetes Self-Care Education


    RESOLVED, That the North Carolina Medical Society supports the availability of individualized diabetes mellitus patient education throughout North Carolina and adequate funding for the North Carolina Diabetes Control Program to enable more local health departments to provide diabetes self-care education.


(Resolution 22-1993, adopted as amended 11/7/93) (revised, Report H-2003, Item 3 #4, adopted as amended 11/16/03)

DIAGNOSIS-RELATED GROUPS (DRG)

Medicare Payment Methodology


    RESOLVED, That the North Carolina Medical Society opposes any drastic change in the Medicare payment methodology for physicians' services without receipt of the reports required by the Congress and a detailed analysis of the long range impact of any such change on quality of care and access to care for Medicare beneficiaries.


(Report V-1987, adopted 5/2/87) (amended, Report OO-1997, Item 19, adopted 11/16/97) (revised, Report L2-2004, Item 17, adopted 11/14/2004)

Hospital Diagnostic Related Group (DRG) Rates


    RESOLVED, That the North Carolina Medical Society supports appropriate payment to hospitals under the federal DRG system.


(Resolution 18-1984, adopted 5/5/84) (revised, Report CC-1994, Item 27, adopted 11/6/94) (revised, Report L2-2004, Item 32, adopted 11/14/2004)

Diagnostic Related Group (DRG) Certification Statement


    RESOLVED, That the North Carolina Medical Society opposes the requirement that a medical doctor complete DRG certification statements.


(Resolution 32-1984, adopted 5/5/84) (revised, Report CC-1994, Item 33, adopted 11/6/94) (revised, Report L2-2004, Item 44, adopted 11/14/2004)

DOCTOR -- MD/DO

American Osteopathic Association (AOA) Approved Education Programs,Postgraduate Training Programs, and Board Certification


    RESOLVED, That the North Carolina Medical Society support changes to North Carolina law to assure recognition of education programs approved by the American Osteopathic Association (AOA) as well as by the Liaison Committee on Medical Education (LCME), postgraduate training programs approved by the AOA as well as by the Accreditation Council for Graduate Medical Education, and board certification through the AOA as well as through the American Board of Medical Specialties.


(Resolution 5-2001, adopted 11/11/01)

DO/MD Designation and Advertising


    RESOLVED, That the North Carolina Medical Society request that the North Carolina Medical Board issue a position statement clarifying how physicians should properly designate their osteopathic or allopathic status in all commonly used media, forward to the Federation of State Medical Boards for implementation and specify the circumstances under which physicians may be disciplined for non-compliance with the Board�s position.


(Substitute Resolution 24-2000, adopted 11/12/00)

Use of the Designation "MD or DO," Where Appropriate, Instead of the More General Term of "Dr."


    RESOLVED, That the North Carolina Medical Society endorse and request the use of the designation "MD or DO," where appropriate, instead of the more general term of "Dr."


(Resolution 1-1979, adopted 5/5/79) (revised, Report II-1989, Item 9, adopted 11/11/89) (reaffirmed, Report L-1999, Item 3, adopted 11/14/99)

Opposition to Inappropriate Use of the Term Provider


    RESOLVED, That the North Carolina Medical Society opposes the use of the term "provider" in any written or verbal form to refer to an MD or DO.


(Resolution 10-1998, adopted as amended 11/15/98) (revised, Report L3-2004, Item 73, adopted 11/14/2004)

Definition of "Physician"


    RESOLVED, That the North Carolina Medical Society supports the position that only fully trained and licensed MDs adn DOs be identified as physicians.


(Resolution 42-1998, adopted as amended 11/15/98) (revised, Report L3-2004, Item 5, adopted 11/14/2004)

DOMESTIC VIOLENCE

Domestic Violence Reporting


    RESOLVED, That the North Carolina Medical Society opposes any mandate to report domestic violence except:
  1. Suspicion of abuse or neglect of a juvenile.
  2. Every case of bullet wound, gunshot wound, powder burn, or any other injury arising from or caused by, or appearing to arise from or be caused by, the discharge of a gun or firearm.
  3. Every case of illness caused by poisoning if it appears to the physician that a criminal act was involved.
  4. Every case of a wound, injury caused or apparently caused by a knife or sharp or pointed instrument if it appears to the physician that a criminal act was involved.
  5. Every case of a wound or injury or illness in which there is grave bodily harm or grave illness if it appears to the physician that it resulted from a criminal act of violence.


(Report J-1997, adopted 11/16/97) (revised, Report L3-2004, Item 59, adopted 11/14/2004)

Domestic Violence


    RESOLVED, That the North Carolina Medical Society supports educational efforts for medical students and physicians aimed at improving diagnosis, treatment, and appropriate referral, of victims of domestic violence.


(Report F-1994, adopted as amended 11/6/94) (revised, Report L1-2004, Item 30, adopted 11/14/2004)

DRUG ABUSE AND TREATMENT

Drug Abuse During Pregnancy


    RESOLVED, That the North Carolina Medical Society recognize the profound implications of drug abuse during pregnancy and the need for realistic and compassionate health care for women with these problems, and support adequate facilities to provide proper treatment for these women.


(Resolution 34-1990, adopted as amended 11/10/90) (revised, Report Q-2000, Item 33, adopted 11/12/00)

Abuse of Anabolic Steroids


    RESOLVED, That the North Carolina Medical Society declare that the prescription of anabolic steroids for the enhancement of athletic ability is entirely inappropriate; and be it further

RESOLVED, That the North Carolina Medical Society support the development of state legislation or administrative rules to prohibit dispensing of anabolic steroids for the purpose of enhancing athletic ability; and be it further

RESOLVED, That the North Carolina Medical Society educate physicians, sports group administrators, coaches, parents and athletes on the dangers of using anabolic steroids to enhance athletic ability.


(Resolution 36-1989, adopted 11/11/89) (reaffirmed, Report L-1999, Item 25, adopted 11/14/99)

Physician Drug Prescribing Patterns


    RESOLVED, That the North Carolina Medical Society supports eduating health care professionals, including medical students, in North Carolina about the addictive process, including cross addiction, and supports the use of appropriate measures to avoid over-prescribing and inappropriate prescribing.


(Report S-1988, Item 2, adopted as amended 5/7/88) (reaffirmed, Report MM-1998, Item 27, adopted 11/15/98) (revised, Report L1-2004, Item 32, adopted 11/14/2004)

Drug Abuse and Drug Dependency


    RESOLVED, That the North Carolina Medical Society supports developing comprehensive community-based drug programs to combat drug abuse and dependency where they start; and be it further

RESOLVED, That the North Carolina Medical Society supports recommending that individuals incarcerated in North Carolina for drug-related violations be evaluated by a physician for drug dependency. If drug dependency is found, appropriate treatment should be provided; and be it further

RESOLVED, That the North Carolina Medical Society supports drug abuse education for medical students and physicians, especially in their community education programs, that includes information on the prevalence of and prevention of drug abuse in the medical practice setting.


(Report F-1972, adopted 5/23/72) (revised, Report D-1986, Item 12, adopted 5/3/86) (revised, Report Y-1996, Item 17, adopted 11/17/96) (revised, Report L1-2004, Item 33, adopted 11/14/2004)

Drug Treatment Courts


    RESOLVED, That the North Carolina Medical Society supports the use of drug treatment courts.


(Report AA-1995, adopted 11/12/95) (revised, Report L1-2004, Item 31, adopted 11/14/2004)

EDUCATION LOANS

Personal Income Tax Deduction of Interest on Education Loans


    RESOLVED, That the North Carolina Medical Society support the concept that interest on student loans be made a deductible item from personal income taxes; and be it further

RESOLVED, That the North Carolina Medical Society support legislation in the United States Congress and the North Carolina General Assembly which favorably addresses the concept of tax deductibility of interest on education loans.


(Resolution 27-1990, adopted 11/10/90) (reaffirmed, Report Q-2000, Item 7, adopted 11/12/00)

ELDERLY CARE

Medical Care of the Elderly


    RESOLVED, That the North Carolina Medical Society supports educational efforts for medical students and physicians focusing on medical care of the elderly and their families.


(Report A-1997, adopted as amended 11/16/97) (revised, Report L1-2004, Item 34, adopted 11/14/2004)

Training of Personal Aides


    RESOLVED, That the North Carolina Medical Society supports formal and structured training for personal aides in domiciliary facilities that would include but not be limited to correct and appropriate procedures for administering medications and caring for patients with emotional, mental and physical disabilities, and the use of physical restraints.


(Report A-1995, adopted as amended 11/12/95) (revised, Report L3-2004, Item 9, adopted 11/14/2004)

ELECTROMYOGRAPHIC CONSULTATIONS

Electromyographic Consultations


    RESOLVED, That the North Carolina Medical Society supports the position that electromyographic consultations to determine the location and possible type of disease of nerve and muscle are part of the practice of medicine; and be it further

RESOLVED, That the North Carolina Medical Society supports the position that electromyographic consultations be performed only by or under the direct supervision of a qualified, licensed physician.


(Resolution 3-1988, adopted 5/7/88 (revised, Report MM-1998, Item 45, adopted 11/15/98) (revised, Report L3-2004, Item 10, adopted 11/14/2004)

EMERGENCY MEDICAL SERVICES

Statewide Trauma System


    RESOLVED, That the North Carolina Medical Society supports adequate funding for a statewide trauma system.


(Report L-1993, adopted 11/7/93) (revised, Report H-2003, Item 3 #15, adopted as amended 11/16/03)

Support Efforts of North Carolina Office Of Emergency Management in Developing Disaster Response


    RESOLVED, That the North Carolina Medical Society encourage members to take an active role in the development of state disaster response activities, to include the State Medical Response System Plan, at both the state and local levels.


(Report T-1992, adopted 11/8/92) (revised, Report H-2002, adopted 11/17/02)

Limitation of Professional Liability for Physicians Who Serve as Medical Directors for Emergency Medical Service (EMS) Agencies Without Compensation Immunity for EMS Medical Directors


    RESOLVED, That the North Carolina Medical Society support Good Samaritan immunity for those physicians who provide medical direction without financial compensation for EMS agencies in their communities.


(Report U-1992, adopted 11/8/92) (revised Report H-2002, adopted 11/17/02)

Enhanced 911 Service in North Carolina


    RESOLVED, That the North Carolina Medical Society encourage its component societies to promote locally the planning and implementation of enhanced 911 phone service in each county


(Report V-1992, adopted 11/8/92) (revised, Report H-2002, adopted 11/17/02)

Hospital Funding for the North Carolina Trauma Registry


    RESOLVED, That the North Carolina Medical Society support legislation for sufficient funds to the Office of Emergency Medical Services so that the Office of Emergency Medical Services may provide software and the site visits needed for hospitals to receive the Trauma Center designation and participate in the statewide Trauma Registry without the present costs that discourage participation.


(Resolution 30-1990, adopted 11/10/90) (reaffirmed, Report Q-2000, Item 4, adopted 11/12/00)

Emergency Medical Services


    RESOLVED, That the North Carolina Medical Society supports the concept of the development of emergency medical services in the State of North Carolina and training of emergency response personnel with (a) the development of minimum level statewide training criteria and evaluation with certification; (b) the development of minimum level standards for emergency response vehicles; (c) the development of an integrated statewide communication program; (d) a categorization of hospitals to assist in identifying area resources and ultimately to assist in coordinating emergency medical care delivery; (e) the development of specialized training programs for such personnel and (f) the coordination and encouragement of efficient, dependable, and safe air emergency response transportation wherever appropriate through the state; and be it further

RESOLVED, That the North Carolina Medical Society supports implementation of the statewide program of emergency medical care by the Office of Emergency Medical Services.


(Report B-1975, adopted 5/3/75) (revised, Report T-1987, Item 1, adopted 5/2/87) (amended, Report OO-1997, Item 9, adopted 11/16/97) (revised, Report L3-2004, Item 12, adopted 11/14/2004)

Funding for North Carolina Office of Emergency Medical Services


    RESOLVED, That the North Carolina Medical Society supports adequate funding for the North Carolina Office of Emergency Medical Services to provide emergency medical services across the state and implement the statewide trauma system plan.


(Report N-1987, adopted 5/2/87) (amended, Report OO-1997, Item 10, adopted 11/16/97) (revised, Report L3-2004, Item 11, adopted 11/14/2004)

Direction of Prehospital Care at the Scene of Medical Emergencies


    RESOLVED, that the following American College of Emergency Physicians 1993 policy on direction of prehospital care at the scene of medical emergencies be endorsed as North Carolina Medical Society policy.

Direction of Prehospital Care at the Scene of Medical Emergencies(Approved by the ACEP Board of Directors, October 1993)ACEP believes that the direction of prehospital care at the scene of a medical emergency should be the responsibility of the individual in attendance who is most appropriately trained and knowledgeable in providing prehospital emergency stabilization and transport.

The prehospital provider is responsible for the management of the patient and acts as an agent of medical direction unless the patient’s physician is present (as would occur in a physician's office).
If the private physician is present and assumes responsibility for the patient’s care:The prehospital provider should defer to the orders of the private physician. On-line medical direction, if that capacity exists, should be contacted for record keeping purposes.

The prehospital provider retains the right to re-establish medical direction with the on-line physician if the prehospital provider believes that the emergency care rendered by the private physician is contradictory to quality patient care. Prehospital providers shall not comply with orders which exceed their scope of practice. The prehospital provider's responsibility reverts to off-line medical direction (i.e., existing EMS protocols) or on-line medical direction at any time when the private physician is no longer in attendance.

If an intervener physician is present and on-line medical direction is not available:A prehospital provider at an emergency scene should relinquish responsibility for patient management when the intervener physician has:
  1. been properly identified
  2. agreed to assume responsibility and
  3. agreed to document the intervention in a manner acceptable to the local emergency medical services system (EMSS).
When these conditions exist, the prehospital provider should defer to the wishes of the physician on the scene. If the treatment at the emergency scene differs from existing EMS protocols and is contradictory to quality patient care, the prehospital provider retains the right to revert to existing EMS protocols for the continued management of the patient. Prehospital providers shall not comply with orders which exceed their scope of practice.

The intervener physician should agree in advance to accompany the patient to the hospital if required or needed. In the event of a mass casualty incident or disaster, however, patient care needs may require the intervener physician to remain at the scene.

If an intervener physician is present and on-line medical direction does exist:The on-line physician is ultimately responsible. If there is any disagreement between the intervener physician and the on-line physician, the prehospital provider should take orders from the on-line physician and place the intervener physician in contact with the on-line physician. The on-line physician has the option of managing the case entirely, working with the intervener physician, or allowing the intervener physician to assume responsibility. In the event that the intervener physician assumes responsibility, all orders to the prehospital provider should be repeated over the radio for purposes of recording. The intervener physician should document the intervention in a manner acceptable to the local EMSS.

The prehospital provider and on-line medical direction may re-establish on-line medical direction if either believes that the emergency care rendered by the intervener physician is contradictory to EMS protocols and quality patient care. The decision of the intervener physician to accompany the patient to the hospital should be made in consultation with the on-line physician. If the intervener physician does not accompany the patient to the hospital, responsibility for the patient reverts to on-line medical direction.


(Report E-1994, adopted as amended 11/6/94)

ENVIRONMENTAL HEALTH

Air Quality in North Carolina


    RESOLVED, That the North Carolina Medical Society urge the Governor, the State Legislature, other elected officials and agencies of the North Carolina State Government to implement the most effective feasible programs of air pollution control; and be it further

RESOLVED, That the North Carolina Medical Society encourage federal officials and other contiguous state governments to pursue regional cooperation for targeted efforts to reduce air pollution; and be it further

RESOLVED, That the North Carolina Medical Society encourage North Carolina government to invest in alternative fuel vehicles for state use, fund effective mass transit systems, and pursue bicycle-and pedestrian-based transportation policies; and be it further

RESOLVED, That the North Carolina Medical Society recommend that the Secretary of the North Carolina Department of Environment and Natural Resources charge the Department’s Scientific Advisory Board for Air Toxins to review the public health effects of exposure to air pollution; and be it further

RESOLVED, That the North Carolina Medical Society encourage the North Carolina Department of Transportation to incorporate air pollution abatement principles in its planning and design processes throughout the state as it provides for the needs of the people of the state.


(Resolution 22-2001, adopted as amended 11/11/01)

Support Funding to Expand Recreational Water Quality Monitoring Efforts by the North Carolina Division of Environmental Health


    RESOLVED, That the North Carolina Medical Society support adequate funding for the recreational water quality monitoring activities of the North Carolina Division of Environmental Health to a level that will enable the Division to adequately monitor coastal and inland waters, so as to protect the safety and health of those who use these waters for recreational purposes.


(Report B-1999, adopted as amended 11/14/99)

Vibrio Vulnificus (Non-Cholera)


    RESOLVED, That the North Carolina Medical Society supports an active surveillance system and related activities for non-cholera vibrio infections in humans in North Carolina; and be it further

RESOLVED, That the North Carolina Medical Society supports physician participation with the staff at DHHS in the development of an active surveillance system for non-cholera vibrio infections in humans in North Carolina; and be it further

RESOLVED, That the North Carolina Medical Society supports additional research on environmental factors that may affect naturally occurring background levels of marine vibrios.


(Report J-1998, adopted 11/15/98) (revised, Report L1-2004, Item 63, adopted 11/14/2004)

Environmental Health


    RESOLVED, That the North Carolina Medical Society supports the organizational and regulatory association of toxic and hazardous waste management, drinking water supervision, shell fish sanitation and related environmental health programs under the Commission for Health Services and the State public health agency.


(Resolution 24-1988 and Resolution 27-1988, adopted 5/7/88) (reaffirmed, Report MM-1998, Item 46, adopted 11/15/98) (revised, Report L3-2004, Item 13, adopted 11/14/2004)

Nutrient Runoff and Water Quality


    RESOLVED, That the North Carolina Medical Society supports implementation of all known reasonable and effective best management practices to mitigate agricultural and urban nutrient runoff.


(Resolution 30-1997, adopted as amended 11/16/97) (revised, Report L3-2004, Item 24, adopted 11/14/2004)

State Department of Health


    RESOLVED, That the North Carolina Medical Society supports consolidation of all governmental activities related to public health into a Department of Health and Human Services, under the direction of a Secretary appointed by the Governor.


(Resolution 10-1996, adopted as amended 11/17/96) (revised, Report L3-2004, Item 72, adopted 11/14/2004)

ETHICS

Sexual Exploitation by Psychotherapists


    RESOLVED, That the North Carolina Medical Society supports appropriate civil remedies for victims of sexual exploitation by psychotherapists.


(Report AA-1993, adopted 11/7/93) (revised, Report H-2003, Item 3 #16, adopted as amended 11/16/03)

Endorsement of American Medical Association Self-Referral Policy


    RESOLVED, That the North Carolina Medical Society adopt the American Medical Association Board of Directors on Ethical and Judicial Affairs' opinion E-8.032 Conflicts of Interest: Health Facility Ownership by a Physician as updated June 1994 (see below); and be it further

RESOLVED, That the North Carolina Medical Society commit to an increased focus on education of physicians about the American Medical Association Self-Referral Policy guidelines to enhance compliance.

Physician ownership interests in commercial ventures can provide important benefits in patient care. Physicians are free to enter lawful contractual relationships, including the acquisition of ownership interests in health facilities, products, or equipment. However, when physicians refer patients to facilities in which they have an ownership interest, a potential conflict of interest exists. In general, physicians should not refer patients to a health care facility which is outside their office practice and at which they do not directly provide care or services when they have an investment interest in that facility. The requirement that the physician directly provide the care or services should be interpreted as commonly understood. The physician needs to have personal involvement with the provision of care on site.

There may be situations in which a needed facility would not be built if referring physicians were prohibited from investing in the facility. Physicians may invest in and refer to an outside facility, whether or not they provide direct care or services at the facility, if there is a demonstrated need in the community for the facility and alternative financing is not available. Need might exist when there is no facility of reasonable quality in the community or when use of existing facilities is onerous for patients. Self-referral based on demonstrated need cannot be justified simply if the facility would offer some marginal improvement over the quality of services in the community. The potential benefits of the facility should be substantial. The use of existing facilities may be considered onerous when patients face undue delays in receiving services, delays that compromise the patient's care or affect the curability or reversibility of the patient’s condition. The requirement that alternative financing not be available carries a burden of proof. The builder would have to undertake efforts to secure funding from banks, other financial institutions, and venture capitalists before turning to self-referring physicians. Where there is a true demonstrated need in the community for the facility, the following requirements should also be met: (l) physicians should disclose their investment interest to their patients when making a referral, provide a list of effective alternative facilities if they are available, inform their patients that they have free choice to obtain the medical services elsewhere, and assure their patients that they will not be treated differently if they do not choose the physician-owned facility; (2) individuals not in a position to refer patients to the facility should be given a bona fide opportunity to invest in the facility on the same terms that are offered to referring physicians; (3) the opportunity to invest and the terms of investment should not be related to the past or expected volume of referrals or other business generated by the physician investor or owner; (4) there should be no requirement that a physician investor make referrals to the entity or otherwise generate business as a condition for remaining an investor; (5) the return on the physician’s investment should be tied to the physician’s equity in the facility rather than to the volume of referrals; (6) the entity should not loan funds or guarantee a loan for physicians in a position to refer to the entity; (7) investment contracts should not include "non-competition clauses" that prevent physicians from investing in other facilities; (8) the physician's ownership interest should be disclosed to third party payers upon request; (9) an internal utilization review program should be established to ensure that investing physicians do not exploit their patients in any way, as by inappropriate or unnecessary utilization; (10) when a physician's commercial interest conflicts to the detriment of the patient, the physician should make alternative arrangements for the care of the patient.


(Report B-1992, adopted 11/8/92) (revised Report H-2002, adopted 11/17/02)

Sexual Misconduct in the Practice of Medicine


    RESOLVED, That the North Carolina Medical Society increase educational opportunities for physicians which address ethics in medicine as they affect quality of care and doctor-patient relationships, including undue familiarity; and be it further

RESOLVED, That the North Carolina Medical Society adopt the following parts of the AMA Code of Medical Ethics Current Opinion on sexual misconduct in the practice of medicine:

Sexual contact that occurs concurrent with the physician-patient relationship constitutes sexual misconduct. Sexual or romantic interactions between physicians and patients detract from the goals of the physician-patient relationship, may exploit the vulnerability of the patient, may obscure the physician's objective judgment concerning the patient's health care, and ultimately may be detrimental to the patient's well-being.

If a physician has reason to believe that non-sexual contact with a patient may be perceived as or may lead to sexual contact, then he or she should avoid the non-sexual contact. At a minimum, a physician's ethical duties include terminating the physician-patient relationship before initiating a dating, romantic, or sexual relationship with a patient.


(Report M-1992, adopted 11/8/92) (revised, Report H-2002, adopted 11/17/02)

Physician-Assisted Suicide


    RESOLVED, That the North Carolina Medical Society promote physician awareness of their patients' overwhelming need to be adequately and effectively relieved of the physical and psychological pain that can accompany terminal and incurable illness; and be it further

RESOLVED, That the North Carolina Medical Society oppose physician-assisted suicide.


(Substitute Report PP-1992, adopted 11/8/92) (reaffirmed, Report H-2002, adopted 11/17/02)

Sale of Health-Related Products from Physicians' Offices


    RESOLVED, That the North Carolina Medical Society adopt the following AMA policies as NCMS policy: " 'Health-related products' are any products that, according to the manufacturer or distributor, benefit health. 'Selling' refers to the activity of dispensing items that are provided from the physician's office in exchange for money and also includes the activity of endorsing a product that the patient may order or purchase elsewhere that results in direct remuneration for the physician. In-office sale of health-related products by physicians presents a financial conflict of interest, risks placing undue pressure on the patient, and threatens to erode patient trust and the primary obligation of physicians to serve the interests of their patients before their own. When these items offer some health-related benefits, the physician's influence over the sale is amplified and makes it even more necessary to place limits on such activities.
  1. Physicians who do sell health-related products from their offices should not sell any health-related good whose claims of benefit lack scientific validity. Physicians should rely on peer-reviewed literature and other unbiased scientific sources that review evidence in a sound, systematic fashion when judging the efficacy of the product.
  2. Physicians who sell health-related products from their offices should follow these guidelines to limit their conflicts of interest, minimize the risk of brand endorsement, and ensure a focus on benefits to patients.
    1. Physicians may distribute health-related products to their patients free of charge or at cost, in order to make useful products readily available to their patients. When health-related products are offered free or at cost, it removes the elements of personal gain and financial conflicts of interest that may interfere, or appear to interfere, with the physician's independent medical judgement.
    2. Except under certain circumstances, such as those described in AMA Opinion 8.032, 'Conflict of Interest: Physician Ownership of Medical Facilities,' physicians should not sell a health-related good when patients can obtain a product that offers the same medical benefit at a local pharmacy or health-products store.
    3. Physicians must disclose fully the nature of their financial arrangement with a manufacturer or supplier to sell health-related products. Disclosure includes informing patients of financial interest as well as about the availability of the product or other equivalent products elsewhere. Disclosure can be accomplished through face-to-face communication or by posting an easily understood written notification in a prominent location that is accessible by all patients in the office. In addition, physicians should, upon request, provide patients with understandable literature that relies on scientific standards in addressing the validity of the health-related good.
  3. Physicians should not participate in exclusive distributorships of health-related products, in which the products are available only through physicians' offices and for which product there is no comparable alternative available at a local pharmacy or health products store. Physicians should encourage manufacturers to make their products more widely accessible to patients.
"Note: The AMA Report which included the recommendations stated in this policy further defines "health-related products" for purposes of this policy to not include sales of prescription items.


(Substitute Resolution 21-1999, adopted 11/14/99)

Professional Services for Immediate Family Members


    RESOLVED, That the North Carolina Medical Society supports the North Carolina Medical Board position statement "Self-Treatment and Treatment of Family Members and Others with Whom Significant Emotional Relationships Exist" as amended in March 2002.


(Report Z-1988, adopted 5/7/88) (revised, Report MM-1998, Item 20, adopted 11/15/98) revised, Report L1-2004, Item 9, adopted 11/14/2004)

Position on Gifts to Physicians from Industry


    RESOLVED, That the current North Carolina Medical Society policy on gifts to physicians from industry is that of the Council on Ethical and Judicial Affairs (CEJA) of the American Medical Association (AMA), as follows:

Current CEJA Opinion
Many gifts given to physicians by companies in the pharmaceutical, device, and medical equipment industries serve an important and socially beneficial function. For example, companies have long provided funds for educational seminars and conferences. However, there has been growing concern about certain gifts from industry to physicians. Some gifts that reflect customary practices of industry may not be consistent with the Principles of Medical Ethics. To avoid the acceptance of inappropriate gifts, physicians should observe the following guidelines:
  1. Any gifts accepted by physicians individually should primarily entail a benefit to patients and should not be of substantial value. Accordingly, textbooks, modest meals, and other gifts are appropriate if they serve a genuine educational function. Cash payments should not be accepted. The use of drug samples for personal or family use is permissible as long as these practices do not interfere with patient access to drug samples. It would not be acceptable for non-retired physicians to request free pharmaceuticals for personal use or use by family members.
  2. Individual gifts of minimal value are permissible as long as the gifts are related to the physician's work (e.g., pens and notepads).
  3. The Council on Ethical and Judicial Affairs defines a legitimate "conference" or "meeting" as any activity, held at an appropriate location, where (a) the gathering is primarily dedicated, in both time and effort, to promoting objective scientific and educational activities and discourse (one or more educational presentation(s) should be the highlight of the gathering), and (b) the main incentive for bringing attendees together is to further their knowledge on the topic(s) being presented. An appropriate disclosure of financial support or conflict of interest should be made.
  4. Subsidies to underwrite the costs of continuing medical education conferences or professional meetings can contribute to the improvement of patient care and therefore are permissible. Since the giving of a subsidy directly to a physician by a company's representative may create a relationship that could influence the use of the company's products, any subsidy should be accepted by the conference's sponsor who in turn can use the money to reduce the conference’s registration fee. Payments to defray the costs of a conference should not be accepted directly from the company by the physicians attending the conference.
  5. Subsidies from industry should not be accepted directly or indirectly to pay for the costs of travel, lodging, or other personal expenses of physicians attending conferences or meetings, nor should subsidies be accepted to compensate for the physicians' time. Subsidies for hospitality should not be accepted outside of modest meals or social events held as a part of a conference or meeting. It is appropriate for faculty at conferences or meetings to accept reasonable honoraria and to accept reimbursement for reasonable travel, lodging, and meal expenses. It is also appropriate for consultants who provide genuine services to receive reasonable compensation and to accept reimbursement for reasonable travel, lodging, and meal expenses. Token consulting or advisory arrangements cannot be used to justify the compensation of physicians for their time or their travel, lodging, and other out-of-pocket expenses.
  6. Scholarship or other special funds to permit medical students, residents, and fellows to attend carefully selected educational conferences may be permissible as long as the selection of students, residents, or fellows who will receive the funds is made by the academic or training institution. Carefully selected educational conferences are generally defined as the major educational, scientific or policy-making meetings of national, regional or specialty medical associations.
  7. No gifts should be accepted if there are strings attached. For example, physicians should not accept gifts if they are given in relation to the physician’s prescribing practices. In addition, when companies underwrite medical conferences or lectures other than their own, responsibility for and control over the selection of content, faculty, educational methods, and materials should belong to the organizers of the conferences or lectures.


(Report EE-1991, adopted 11/9/91) (revised, Report U-2001, Item 30, adopted 11/11/01)

EXECUTION-LETHAL INJECTION

Executions


    RESOLVED, That the North Carolina Medical Society supports the following position of the American Medical Association regarding physician involvement in capital punishment and the extension of this position to those who may perform services as agents of physicians:
  1. An individual's opinion on capital punishment is the personal moral decision of the individual. A physician, as a member of a profession dedicated to preserving life when there is hope of doing so, should not be a participant in a state execution. "Physician participation in execution" is defined generally as actions which would fall into one or more of the following categories: (a) an action which would directly cause the death of the condemned; (b) an action which would assist, supervise, or contribute to the ability of another individual to directly cause the death of the condemned; (c) an action which could automatically cause an execution to be carried out on a condemned prisoner.
  2. Physician participation in an execution includes but is not limited to the following actions: prescribing or administering tranquilizers and other psychotropic agents and medications which are part of the execution procedure; monitoring vital signs on site or remotely (including monitoring electrocardiograms); attending or observing an execution as a physician; and rendering of technical advice regarding execution.
  3. In the case where the method of execution is lethal injection, the following actions by the physician would also constitute physician participation in execution: selecting injection sites; starting intravenous lines as a port for a lethal injection device; prescribing, preparing, administering, or supervising injection drugs or their dose or types; inspecting, testing or maintaining lethal injection devices; consulting with or supervising lethal injection personnel.
  4. The following actions do not constitute physician participation in execution: (a) testifying as to competence to stand trial, testifying as to relevant medical evidence during trail, or testifying as to medical aspects of aggravating or mitigating circumstances during the penalty phase of a capital case; (b) certifying death provided that the condemned has been declared dead by another person; (c) witnessing an execution in a totally non-professional capacity; (d) witnessing an execution at the specific voluntary request of the condemned person, providing that the physician observes the execution in a non-physician capacity and takes no action which would constitute physician participation in an execution; and (e) relieving the acute suffering of a condemned person while awaiting execution, including providing tranquilizers at the specific voluntary request of the condemned person to help relieve pain or anxiety in anticipation of the execution.


(Resolution 27-1983, adopted 5/7/83) (revised, Report FF-1993, Item 4, adopted as amended 11/7/93) (revised, Report H-2003, Item 3 #26, adopted as amended 11/16/03)

FAMILY MEDICAL LEAVE ACT (FMLA)

Family Medical Leave Act (FMLA)


    RESOLVED, That the North Carolina Medical Society, through its American Medical Association Delegation, request the American Medical Association to investigate the development of uniform documentation form requirements for the Family and Medical Leave Act (FMLA).


(Substitute Resolution 14-2002, adopted 11/17/02)

FLUORIDATION OF PUBLIC WATER SUPPLIES

Fluoridation of Public Water Supplies


    RESOLVED, That based upon current evidence, the North Carolina Medical Society endorse the use of fluoridation in all public water supplies, where appropriate.


(Resolution 6-1980, adopted 5/3/80) (reaffirmed, Report M-1990, Item 3, adopted 11/10/90) (reaffirmed, Report Q-2000, Item 9, adopted 11/12/00)

FREE-STANDING MEDICAL CARE CENTERS

Free-Standing Medical Care Centers


    RESOLVED, That the North Carolina Medical Society supports the use of appropriate criteria and guidelines for the establishment and operation of free-standing "emergency" or "urgent care" centers in North Carolina that ensure that the public is adequately informed of the limitations of their emergency care capabilities.


(Report S-1985, adopted 5/4/85) (revised, Report II-1995, Item 10, adopted 11/12/95) (revised, Report L3-2004, Item 19, adopted 11/14/2004)

HEALTH AND WELLNESS TRUST FUNDS

Health and Wellness Trust Funds


    RESOLVED, That the North Carolina Medical Society reiterate its commitment to directing the resources of the Health and Wellness Trust Fund toward programs that accomplish the objectives of Substitute Resolution 2 (2001) (Tobacco Settlement Funds Used to Support Tobacco Cessation Programs); and be it further

RESOLVED, That the North Carolina Medical Society advocate that neither the General Assembly nor the Governor appropriate funds from the Health and Wellness Trust Fund to balance the State Budget.


(Resolution 23-2002, adopted as amended 11/17/02)

HEALTH CARE ACCESS

Access to Health Care for all North Carolinians


    RESOLVED, That the North Carolina Medical Society believes in, supports and will continuously advocate for the availability of high quality, affordable and accessible health care for all North Carolinians.

The North Carolina Medical Society supports efforts at local, state and federal levels both for short-term incremental improvements in access to care and for fundamental changes in the complex system of financing and delivering health care currently in place.

Changes supported by the North Carolina Medical Society should be cost-effective and affordable, and should facilitate realization of the following goals:
Wherever and whenever possible, delivery systems and allocation of resources should be focused on and customized to the community level. Infrastructure, support and accountability should be built "from the ground up," and be it further

RESOLVED, That the North Carolina Medical Society supports incremental improvements in access for those North Carolinians most in need of assistance, including:


(Report R-2000, adopted 11/12/00) (revised, Report H-2003, Item 3 #3, adopted as amended 11/16/03)

North Carolina Community Care Coordination Project


    RESOLVED, That NCMS endorses the intent of the North Carolina Community Care Coordination Project.


(Substitute Resolution 3-2003, adopted 11/16/03)

Voluntary Care (An Interim Local Strategy to Improve Access Pending State or Federal Solutions)


    RESOLVED, That the North Carolina Medical Society commend the dedication of those physicians who render care to patients whose care is not covered by third party coverage; and be it further

RESOLVED, That the North Carolina Medical Society urge each local society to consider the needs of its county or counties and, if appropriate, to establish a system for referring patients to providers (private or public) who will accept them in a manner that spreads the care of new patients among local physicians fairly, and support grant funding to assist component societies that do not have staff or referral systems.


(Resolution 34-1992, adopted as amended 11/8/92) (revised, Report H-2002, adopted 11/17/02)

Rural Health Center Staffing


    RESOLVED, That the North Carolina Medical Society support adequate staffing in Rural Health Centers generally; and be it further

RESOLVED, That the North Carolina Medical Society work to eliminate the requirement that a Rural Health Center have either a nurse practitioner or physician assistant on staff.


(Substitute Resolution 8-2002, adopted as amended 11/17/02)

Facilitating Medical Services for North Carolina's Migrant and Immigrant Populations


    RESOLVED, That the North Carolina Medical Society consider offering its members educational programs addressing the scope of special problems encountered by migrant workers in seeking and receiving appropriate health care; and be it further

RESOLVED, That North Carolina Medical Society members take active roles in their communities in recognizing the importance of migrant workers and other immigrants to their respective locales; and be it further

RESOLVED, That the North Carolina Medical Society support programs to teach the English language to non-English-speaking workers and their families; and be it further

RESOLVED, That the North Carolina Medical Society encourage the North Carolina Office of Minority Health to assist physicians in need of medically trained interpreters for non-English-speaking patients.


(Report P-1998, adopted 11/15/98) (amended, Report V-1999, adopted 11/14/99)

HEALTH EDUCATION

Adolescent Pregnancy Prevention


    RESOLVED, That the North Carolina Medical Society support efforts and programs of the State of North Carolina to reduce adolescent pregnancy.


(Resolution 14-1992, adopted 11/8/92) (revised, Report H-2002, adopted 11/17/02)

Support for Comprehensive School Health Education Programs in North Carolina


    RESOLVED, That the North Carolina Medical Society urge and lend its support to the State Department of Education in strengthening and expanding comprehensive school health and physical education programs throughout all of our K-12 school systems and that satisfactory completion of these programs be a requirement of graduation from North Carolina public schools.


(Substitute Resolution 32-1990, adopted as amended 11/10/90) (reaffirmed, Report Q-2000, Item 2, adopted 11/12/00)

Encourage High Quality Physical Education in North Carolina Public Schools


    RESOLVED, That the North Carolina Medical Society encourage the State Board of Education, superintendents, and local school boards to provide adequate funding to develop and maintain quality curriculum and high quality physical education specialists to provide safe and appropriate equipment, quality staff development, and high quality physical education programs for all children K-12 as one part of a coordinated school health program.


(Resolution 3-1989, adopted 11/11/89) (revised, Report Q-2000, Item 48, adopted 11/12/00)

Oral Health


    RESOLVED, That the North Carolina Medical Society supports statewide, school-based and community-based efforts that focus on oral health education.


(Resolution 3-1998, adopted as amended 11/15/98) (revised, Report L1-2004, Item 35, adopted 11/14/2004)

Teenage Health Education


    RESOLVED, that the North Carolina Medical Society supports a statewide comprehensive sexual education curriculum in public schools that emphasizes abstinence and will provide information about measures to prevent STDs and teenage pregnancy.


(Resolution 35-1998, adopted as amended 11/15/98) (revised, Report L3-2004, Item 14, adopted 11/14/2004)

Sexually Transmitted Disease Treatment


    RESOLVED, That the North Carolina Medical Society supports practicing physicians in North Carolina taking a leading role in providing adequate community services for case-finding and treatment of sexually transmitted disease and encourage cooperation with public health authorities in the investigation and control of diseases.


(Report E-1973, adopted 5/22/73) (reaffirmed, Report D-1986, Item 15, adopted 5/3/86) (revised, Report Y-1996, Item 3, adopted 11/17/96) (revised, Report L1-2004, Item 65, adopted 11/14/2004)

Health Education in Public Schools


    RESOLVED, That the North Carolina Medical Society supports health education as a major course in the public schools, beginning at the elementary level; and be it further

RESOLVED, That the North Carolina Medical Society supports the use of trained health educators to teach health education courses in the public schools.


(Resolution 22-1986, adopted 5/3/86) (revised, Report Y-1996, Item 4, adopted 11/17/96) (revised, Report L1-2004, Item 56, adopted 11/14/2004)

School Health Education


    RESOLVED, That the North Carolina Medical Society supports qualified health educators within the North Carolina School system to provide a program of instruction to include basic health care, preventive health care, first-aid, and cardiopulmonary resuscitation.


(Resolution 11-1984, adopted 5/5/84) (reaffirmed, Report CC-1994, Item 22, adopted 11/6/94) (revised, Report L3-2004, Item 16, adopted 11/24/2004)

Alcohol Education


    RESOLVED, That the North Carolina Medical Society supports educational programs that address alcohol education for children and young adults.


(Resolution 2, 2004, adopted 11/14/2004)

HEALTH INSURANCE

Small Employer Purchasing Groups


    RESOLVED, That the North Carolina Medical Society supports the right of small employers to form purchasing groups in order to obtain lower health insurance rates, thereby controlling their costs while increasing access.


(Resolution 7-1993, adopted 11/7/93) (reaffirmed, Report H-2003, Item 2 #2, adopted as amended 11/16/03)

Disability Insurance Policies


    RESOLVED, That the North Carolina Medical Society supports requiring all disability policies to include language which states that insured individuals be considered disabled and thus eligible for benefits under these policies when they can no longer work or are prevented from working in their usual occupations or professional specialties because of public health concerns.


(Resolution 15-1993, adopted as amended 11/7/93) (revised, Report H-2003, Item 3 #7, adopted as amended 11/16/03)

Medical Insurance Coverage for Surgery and Medical Treatment of Any Disease of Teeth and Gums


    RESOLVED, That the North Carolina Medical Society via the American Medical Association support the concept that medical insurance coverage should include surgical and medical treatment of any disease of teeth and gums.


(Resolution 9-2001, adopted as amended 11/11/01)

Third-Party Reimbursement of Phase III Clinical Trials


    RESOLVED, That the North Carolina Medical Society support legislation that requires health insurance plans provide coverage for patient costs incurred as a result of treatment provided in Phase III trials sanctioned by the National Cancer Institute or Institute of Medicine, for all cancers and for life-threatening, degenerative, permanently disabling conditions.


(Report M-2000, adopted 11/12/00)

Health Insurance


    RESOLVED, That the North Carolina Medical Society take an active and aggressive role to assure that health insurance programs including managed care programs and employer sponsored plans be structured in such a way as to maintain appropriate quality and coverage for the citizens of North Carolina.


(Resolution 17-1990, adopted 11/10/90) (revised, Report Q-2000, Item 44, adopted 11/12/00)

Discriminatory Reimbursement Practices


    RESOLVED, That the North Carolina Medical Society communicate to the appropriate agencies and third party payors that physicians should be reimbursed equitably in diagnosis and treatment of cephalalgia, migraine, depression, anxiety, and stress reaction.


(Resolution 19-2000, adopted as amended 11/12/00)

Payment of Asthma Educators for Services Rendered


    RESOLVED, That the North Carolina Medical Society support reasonable compensation by third party payors for physician-directed asthma education.


(Resolution 32-2000, adopted as amended 11/12/00)

Private Sector Involvement in Health Insurance Coverage


    RESOLVED, That the North Carolina Medical Society reaffirm its support of the American Medical Association in sponsoring legislation on health insurance which embodies the maintenance of a major role for the private sector and reaffirm its continued dedication to the free enterprise system.


(Resolution 15-1978, adopted 5/7/78) (revised, Report II-1989, Item 12, adopted 11/11/89) (title revised, Report L-1999, Item 28, adopted 11/14/99)

Continuation of Health Insurance Coverage for Students


    RESOLVED, That the North Carolina Medical Society supports the provision of continuous coverage to students converting from parents' or institutional group coverage upon submission of proper application and payment of premiums.


(Report II-1998, adopted 11/15/98) (revised, Report L2-2004, Item 18, adopted 11/14/2004)

Consumer Protection in ERISA Plans


    RESOLVED, That the North Carolina Medical Society supports meaningful consumer protections for enrollees of ERISA qualified health plans, similar to those applicable to state regulated plans.


(Report KK-1998, adopted 11/15/98) (revised, Report L3-2004, Item 17, adopted 11/14/2004)

Health Insurance Coverage for Certain Clinical Trials


    RESOLVED, That the North Carolina Medical Society support health insurance coverage for patients formally enrolled in Phase II and Phase III clinical trials offered pursuant to the National Cancer Institute approved protocols for cancer therapies, including but not limited to bone marrow transplants; and be it further

RESOLVED, That North Carolina Medical Society's support for health insurance coverage for such Phase II and Phase III clinical trials be offered in a manner which is consistent with and complementary to other North Carolina Medical Society policies which advocate patient protection goals.


(Report HH-1997, adopted 11/16/97)

Adequate Coverage by State Employees Health Program for Adolescent Chemical Dependency Treatment


    RESOLVED, That the North Carolina Medical Society seek amendments to the State Employees Insurance Program that increase coverage for adolescent chemical dependency treatment to a level consistent with good medical care.


(Resolution 7-1986, adopted 5/3/86) (revised, Report Y-1996, Item 22, adopted 11/17/96)

Restricted Access to Health Plans


    RESOLVED, That the North Carolina Medical Society supports legislation requiring all health care plans to make a noticeable statement on all policies and promotional material when the coverage provisions limit the patients' choice of physicians.


(Resolution 10-1985, adopted 5/4/85) (reaffirmed, Report II-1995, Item 15, adopted 11/12/95) (revised, Report L3-2004, Item 22, adopted 11/14/2004)

Payment for Medical Services to Juveniles Suspected of Being Abused, Neglected, or Maltreated


    RESOLVED, That the North Carolina Medical Society act to ensure that juveniles suspected of being abused, neglected, or maltreated are provided adequate coverage for appropriate and necessary medical and mental health diagnosis, care, and therapy.


(Resolution 3-1995, adopted as amended 11/16/97)

Inclusion of Coverage for Well Baby and Routine Child Care in Corporate Health Care Plans


    RESOLVED, That the North Carolina Medical Society support the inclusion of coverage free of deductibles and copays charges for well baby and routine care in corporate health benefit plans.


(Report D-1984, adopted 5/5/84) (revised, Report CC-1994, Item 2, adopted 11/6/94)

Assignment of Benefits


    RESOLVED, That the North Carolina Medical Society supports (1) permitting patients to assign their benefits to physicians upon their written authorization to the appropriate third party payor and (2) requiring the third party payor to honor the assignment, regardless of the physician's participation in the patient's health plan network.


(Substitute Resolution 6 - 2004, adopted 11/14/2004)

Health Insurance High Risk Pool


    RESOLVED, That the North Carolina Medical Society supports a health insurance high risk pool for North Carolina.


(Report B - 2004, adopted 11/14/2004)

Reimbursement for Specific Services or Benefits


    RESOLVED, That the North Carolina Medical Society supports review of health care coverage and reimbursement requirements based on the following criteria:
  1. The service or procedure is required in a life-threatening emergency, or
  2. The service or procedure is required to prevent chronic disease, or
  3. The service or procedure is cost-effective, i.e., will prevent or reduce future health care expenditures, or
  4. The service or procedure would be considered by prudent laypersons to be a standard provision in a health insurance benefit package, or
  5. The service or procedure is based on generally accepted standards of medical practice, based on credible scientific evidence published in peer-reviewed medical literature and generally recognized by the relevant medical community.


(Report F - 2004, adopted 11/14/2004)

Health Plan Profits


    RESOLVED, That the North Carolina Medical Society opposes excessive profits and excessive CEO compensation by insurance companies and health plans in lieu of employer and individual premium decreases.


(Report G - 2004, adopted 11/14/2004)

HOME HEALTH PROGRAMS

Home Health Infusion Therapy Reimbursement


    RESOLVED, That the North Carolina Medical Society support reimbursement of medically necessary medications delivered through home health infusion therapy.


(Substitute Resolution 12-2000, adopted 11/12/00)

Home Health Programs and Services


    RESOLVED, That the North Carolina Medical Society supports the use of home health programs and services, with appropriate guidelines and under the supervision of licensed physicians.


(Resolution 10-1977, adopted 5/7/77) (reaffirmed, Report II-1988, Item 4, adopted 5/8/88) (reaffirmed, Report MM-1998, Item 9, adopted 11/15/98) (revised, Report L1-2004, Item 55, adopted 11/14/2004)

Home Nursing and Support Services


    RESOLVED, That the North Carolina Medical Society supports adequate state and federal funding for home nursing and support services.


(Resolution 11-1988, adopted 5/7/88 (reaffirmed, Report MM-1998, Item 47, adopted 11/15/98) (revised, Report L3-2004, Item 21, adopted 11/14/2004)

HOSPITAL MEDICAL STAFFS

Admitting Officer and Hospitalist Programs


    RESOLVED, That the North Carolina Medical Society supports the following:

  1. managed care plan enrollees and prospective enrollees should receive prior notification regarding the implementation and use of "admitting officer" or "hospitalist" programs, and
  2. participating in "admitting officer" or "hospitalist programs" developed and implemented by managed care or other health care organizations should be at the voluntary discretion of the patient and the patient's physician, and
  3. hospitalist systems when initiated by a hospital or managed care organization should be developed consistent with AMA policy on medical staff bylaws and implemented with approval of the organized medical staff to assure that the principles and structure of the autonomous and self-governing medical staff are retained, and
  4. hospitals and other health care organizations should not compel physicians by contractual obligation to assign their patients to "hospitalists" and no punitive measure should be imposed on physicians or patients who decline participation in "hospitalist programs," and be it further

RESOLVED, That the North Carolina Medical Society opposes any hospitalist model that disrupts the patient/physician relationship or the continuity of patient care and jeopardizes the integrity of inpatient privileges of attending physicians and physician consultants.


(Resolution 18-1999, adopted as amended 11/14/99) (revised, Report L2-2004, Item 36, adopted 11/14/2004)

Full Medical Staff Membership


    RESOLVED, That the North Carolina Medical Society supports appropriate medical training and clinical experience as a prerequisite for full hospital medical staff membership.


(Report A-1988, adopted 5/7/88) (revised, Report MM-1998, Item 48, adopted 11/15/98) (revised, Report L1-2004, Item 36, adopted 11/14/2004)

Economic Credentialing and Exclusive Contracting


    RESOLVED, That the North Carolina Medical Society supports the 1997 Economic Credentialing and Exclusive Contracting Report. See Appendix C.


(Report RR-1997, adopted 11/16/97) (revised, Report L2-2004, Item 43, adopted 11/14/2004)

External Peer Review


    RESOLVED, That the North Carolina Medical Society supports the Healthcare Review Program or similar programs wherein physicians or patients may request an external peer review when either party has concerns about the results of a previous review during a health plan utilization review process.


(Resolution 29-1997, adopted as amended 11/16/97) (revised, Report L2-2004, Item 37, adopted 11/14/2004)

Economic Credentialing


    RESOLVED, That the North Carolina Medical Society opposes the practice of economic credentialing, defined as the use of economic criteria unrelated to quality of care or professional competency, in determining an individual's qualifications for initial or continuing hospital medical staff membership or privileges; and be it further

RESOLVED, That the North Carolina Medical Society supports physicians continuing to work with their hospital boards and administrators to develop appropriate educational uses of physician hospital utilization and related financial data and that any such data should be reviewed by professional peers and shared with the individual physicians from or about whom it was collected.


(Report LL-1996, adopted as amended 11/17/96) (revised, Report L2-2004, Item 39, adopted 11/14/2004)

Exclusive Contracts


    RESOLVED, That the North Carolina Medical Society opposes the practice of hospital organizations executing exclusive contracts with physicians without prior consultation and approval of the medical staff of each contract; and be it further

RESOLVED, That the North Carolina Medical Society supports model medical staff bylaws defining the proper scope of medical staff involvement in exclusive contracting; and be it further

RESOLVED, That the North Carolina Medical Society supports initiatives to ensure opportunity for full participation of medical staff and due process in all hospital decisions to contract exclusively with physicians and other providers of care.


(Resolution 43-1996, adopted as amended 11/17/96) (revised, Report L2-2004, Item 38, adopted 11/14/2004)

IMMUNIZATION

State-Purchased Vaccines


    RESOLVED, That the North Carolina Medical Society supports the use of state purchased vaccines in North Carolina to increase the likelihood that more patients are appropriately immunized.


(Resolution 13-1993, adopted as amended 11/7/93) (revised, Report H-2003, Item 3 #6, adopted as amended 11/16/03)

Childhood Immunization


    RESOLVED, That the North Carolina Medical Society support legislation that would allocate sufficient funds to provide all immunizations mandated by the Commission for Health Services for citizens of North Carolina in both public and private health care settings.


(Substitute Resolution 25-1992, adopted 11/8/92) (revised, Report H-2002, adopted 11/17/02)

Insurance Coverage for Immunizations


    RESOLVED, That the North Carolina Medical Society endorse a requirement for regulated third-party carriers to provide full coverage for all state-mandated immunizations, as well as medically appropriate DT boosters, influenza vaccines and pneumococcal vaccines.


(Resolution 15-2001, adopted as amended 11/11/01)

Expansion of Vaccine Distribution Program to Include Rotavirus


    RESOLVED, That the North Carolina Medical Society supports funding for the expansion of the Universal Childhood Vaccine Distribution Program to include rotavirus vaccine to infants, to the extent an effective vaccine is available.


(Resolution 41-1998, adopted 11/15/98) (revised, Report L3-2004, Item 1, adopted 11/14/2004)

Improving Child Health


    RESOLVED, That the North Carolina Medical Society supports programs aimed at improving the health and development of children and teens, such as Health Check; and be it further

RESOLVED, That the North Carolina Medical Society supports the continuation of North Carolina as a universal vaccine state.


(Report B-1996, adopted as amended 11/17/96) (revised, Report L1-2004, Item 37, adopted 11/14/2004)

Immunization of Senior Citizens


    RESOLVED, That the North Carolina Medical Society supports statewide efforts to heighten awareness of the need to immunize our older citizens against influenza and pneumococcal disease and initiatives to make these immunizations as available and accessible as possible.


(Report Q-1996, adopted 11/17/96) (revised, Report L1-2004, Item 57, adopted 11/14/2004)

Expansion of Vaccine Distribution Program


    RESOLVED, That the North Carolina Medical Society encourage the North Carolina General Assembly to fund the continuation of the Vaccine Distribution Program and fund the expansion of the Program to include hepatitis B, influenza and pneumococcal vaccines to appropriate populations at risk for these preventable illnesses.


(Resolution 4-1996, adopted 11/17/96)

Immunization Registry


    RESOLVED, That the North Carolina Medical Society supports the electronic availability of immunization records through the Immunization Registry; and be it further

RESOLVED, That the North Carolina Medical Society supports initiatives that facilitate the exchange of information among government programs to improve immunization rates.


(Resolution 5-1996, adopted as amended 11/17/96) (revised, Report L2-2004, Item 33, adopted 11/14/2004)

Student Immunization Requirements


    RESOLVED, That the North Carolina Medical Society encourage the Commission for Health Services to establish and maintain immunization requirements for all students in four-year colleges and universities, community colleges, and trade school and technical school programs, including immunizations for measles, mumps, rubella, diphtheria, tetanus, polio and hepatitis B; and be it further

RESOLVED, That the North Carolina Medical Society support further funding of the immunization program to cover the student population.


(Resolution 6-1996, adopted as amended 11/17/96)

Routine Immunization of Children


    RESOLVED, That the North Carolina Medical Society (1) supports routine immunization of children as outlined by the Center for Disease Control, Atlanta, Georgia, and (2) urges pharmaceutical companies to continue the development of safe vaccines and proceed with marketing of their products as they are developed.


(Resolution 26-1985, adopted 5/4/85) (revised, Report II-1995, Item 22, adopted 11/12/95) (revised, Report L1-2004, Item 4, adopted11/14/2004)

IMPAIRED DRIVERS

Driving While Impaired with Minor Passengers


    RESOLVED, That the North Carolina Medical Society supports making impaired driving by a defendant while a child under the age of 16 years was in the vehicle a grossly aggravating factor in the sentencing of that defendant.


(Report I-1993, adopted 11/7/93) (revised, Report H-2003, Item 3 #17, adopted as amended 11/16/03)

Driving While Impaired Under Age 21


    RESOLVED, That the North Carolina Medical Society supports making it unlawful for any person under age 21 to operate a motor vehicle in the state at any time while having any detectable concentration of blood alcohol in the system.


(Report J-1993, adopted as amended 11/7/93) (revised, Report H-2003, Item 3 #18, adopted as amended 11/16/03)

Encouraging Further Research Into How to Distinguish the Impaired Driver


    RESOLVED, That the North Carolina Medical Society encourage organizations involved in highway safety continue to research how to identify the driver with a drinking or chemical dependency problem; and be it further

RESOLVED, That the North Carolina Medical Society support groups involved in preventing the impaired driver from operating motor vehicles.


(Substitute Report JJ-1991, adopted 11/9/91) (revised, Report U-2001, Item 31, adopted 11/11/01)

Immunity for Physicians Who Assist in Law Enforcement Investigations


    RESOLVED, That the North Carolina Medical Society support comprehensive immunity for physicians who disclose evidence of the chemical impairment of a patient, including the professional opinion of the physician, at the request of a law enforcement officer investigating an incident in which the chemical impairment of the patient is a relevant consideration.


(Report U-1999, adopted 11/14/99)

Immunity for Reporting to N.C. Division of Motor Vehicles


    RESOLVED, That the North Carolina Medical Society supports limited immunity for physicians and psychologists providing medical information to the NC Commissioner of Motor Vehicles on drivers who the physician or psychologist believe have a mental or physical disability that will adversely affect the patient's ability to safely operate a motor vehicle.


(Report O-1997, adopted 11/16/97) (revised, Report L3-2004, Item 25, adopted 11/14/2004)

Medical Evaluation Program


    RESOLVED, That the North Carolina Medical Society supports the continuation and enhancement of the Medical Evaluation Program within the North Carolina Department of Transportation, Division of Motor Vehicles.


(Report P-1997, adopted 11/16/97) (revised, Report L3-2004, Item 27, adopted 11/14/2004)

Impaired Driving Law


    RESOLVED, That the North Carolina Medical Society supports strict enforcement of the impaired driving law.


(Report F-1987, adopted 5/2/87) (Substitute Report F-1987, Report OO-1997, Item 15, adopted 11/16/97) (revised, Report L3-2004, Item 26, adopted 11/14/2004)

IMPAIRED PHYSICIANS

Physicians Health Program


    RESOLVED, That the North Carolina Medical Society supports the efforts of the NC Physicians Health Program; and be it further

RESOLVED, That the North Carolina Medical Society supports the reporting of suspected impaired physicians to the North Carolina Physicians Health Program as being in the best interest of such physicians and the ethical responsibility of every physician.


(Report U-1988, adopted 5/7/88) (revised Report MM-1998, Item 28, adopted 11/15/98) (revised, Report L1-2004, Item 38, adopted 11/14/2004)

INDIGENT CARE

Assistance for Indigent Care from Pharmaceutical Manufacturers


    RESOLVED, That the North Carolina Medical Society appreciates the efforts of pharmaceutical manufacturers in their support of indigent care, free clinics, local health departments, and community and migrant health centers in North Carolina through providing free pharmaceutical products and encourages greater support of this growing need.


(Substitute Report C-1992, adopted as amended 11/8/92) (revised Report H-2002, adopted 11/17/02)

Medical Care for the Homeless


    RESOLVED, That the North Carolina Medical Society encourage the enhanced involvement of physicians, volunteers and organizations responsible for providing medical care at no charge to the homeless men, women and children of North Carolina.


(Resolution 25-1989, adopted 11/11/89) (revised, Report L-1999, Item 8, adopted 11/14/99)

Position on Indigent Care


    RESOLVED, That the following be the North Carolina Medical Society's position on indigent care and recommendations to the General Assembly:
  1. Establish indigent care pools funded by general revenues (generated from disproportionate share funds) to be distributed to physicians and providers in proportion to the amount of uncompensated care rendered. Incentives should be included in the reimbursement formula to assure reimbursement at the appropriate level of care, i.e., community health care centers, personal physicians, specialty care, hospitals, etc.
  2. Establish adequate third-party payment to all physicians and providers.
  3. Work to decrease the excessive administrative burden associated with Medicaid to encourage physician participation in the program.
  4. Support the work of the Health Insurance Trust Commission to encourage small employers to offer adequate insurance to their employees.
  5. Encourage all employers to offer adequate insurance to all part-time and full-time employees.
  6. Establish risk insurance pools to enable people with preexisting medical conditions to buy health care coverage.
  7. Encourage legislative study commissions to study the feasibility of providing tax-supported subsidies to small and low wage employers to assist them in purchasing adequate health insurance coverage which they could otherwise not afford for their employees.
  8. Support the North Carolina network of rural health centers, community health centers, public health clinics and other public institutions supporting the indigent to improve the coordination of care at the local level and the scope and quantity of care.
  9. Support legislation that will increase accessibility to obstetrical care for all citizens of North Carolina.
  10. Encourage or foster volunteer community programs, such as the Open Door Clinic in Wake County.
  11. Continue to emphasize health promotion programs to keep people healthy and prevent disease.
  12. Encourage North Carolina Medical Society members to accept Medicare assignment for patients whose annual income is at or below 200% of the federal poverty level.
  13. Request that the North Carolina Department of Health and Human Services set up local screening programs with periodic evaluation to identify Medicare recipients whose annual income is at or below 200% of the federal poverty level.
  14. Seek state budget appropriations for increases in Medicaid reimbursement on a periodic basis.
  15. Develop model plans for a physician referral program for medically indigent patients for statewide implementation.
  16. Develop an educational program delineating the problems of the medically indigent population for the component medical societies to encourage participation in programs to address the problems of the medically indigent in their respective counties.
  17. Endorse continued support for family planning clinics, and encourage programs in preconceptional counseling and prevention of low birth weight babies for public and private patients.
  18. Expand legislation that subsidizes malpractice insurance premiums for physicians who provide obstetrical care in medically underserved areas to the extent that they serve Medicaid and medically indigent women.
  19. Develop educational programs to encourage more physicians to follow through on referring their maternity patients to existing supplemental programs, such as the Women, Infants and Children Program (WIC) and the Early, Periodic Screening, Diagnostic and Testing Program (EPSDT), that have an impact on good pregnancy outcomes.
  20. Support the care coordinator system for medically indigent and Medicaid patients that arranges for support services which facilitate access to medical care, such as transportation, assuring eligibility, keeping medical appointments and complying with treatments.
  21. Support and seek implementation of public and private programs that provide or otherwise improve availability of prescription drugs for indigent patients, support a Medicare outpatient prescription drug benefit, and communicate support for the latter to North Carolina's Congressional delegation.
  22. Support the development of public sector delivery systems which provide continuity of care in areas where there are deficiencies.
  23. Support equalization of rural-urban differences in reimbursement for hospital care and physician services.
  24. Report the status of implementation of these resolves to the House of Delegates, as needed or upon request.


(Report W-1988, adopted as amended 5/7/88) (revised, Report AA-1989, adopted 11/11/89) (revised, Report L-1999, Item 11, adopted 11/14/99)

Free Pharmaceuticals Request Forms


    RESOLVED, That the North Carolina Medical Society supports national standardization of the application forms and requirements for free pharmaceuticals for the most needy patients.


(Report C-1998, adopted 11/15/98) (revised, Report L2-2004, Item 6, 11/14/2004)

Indigent Care Financing


    RESOLVED, That the North Carolina Medical Society supports the efforts of component medical societies to develop innovative approaches to financing indigent care in their communities.


(Substitute Resolution 7-1996, adopted as amended 11/17/96) (revised, Report L2-2004, Item 12, adopted 11/14/2004)

INFORMED CONSENT

Minors' Consent for Certain Medical Health Services


    RESOLVED, That the North Carolina Medical Society support the authority of minors to give effective consent to medical health services for the prevention, diagnosis and treatment of venereal disease, and other diseases reportable under NC G.S. 130A-135 or any successor statute, pregnancy, abuse of controlled substances or alcohol and emotional disturbance.


(Report B-2000, adopted 11/12/00)

Informed Consent


    RESOLVED, That the North Carolina Medical Society opposes legislation requiring restrictive informed consent procedures that apply solely to specific diseases; and be it further

RESOLVED, That the North Carolina Medical Society supports providing every patient or person from whom informed consent is sought with clear, scientifically-based treatment options, whenever possible; and be it further

RESOLVED, That the North Carolina Medical Society supports obtaining informed consent at a time when the patient, or person from whom informed consent is being sought, is best able to understand and comprehend the treatment options and associated risks.


(Report U-1984, adopted 5/5/84) (reaffirmed, Report CC-1994, Item 16, adopted 11/6/94) (revised, Report L3-2004, Item 46, adopted 11/14/2004)

INJURY PREVENTION

Weapons and Handguns


    RESOLVED, That the North Carolina Medical Society supports prohibiting the sale or possession of assault weapons by civilians; and be it further

RESOLVED, That the North Carolina Medical Society supports a waiting period before purchase of a handgun and registration of all handguns.


(Substitute Resolution 10-1993, adopted 11/7/93) (revised, Report H-2003, Item 3 #19, adopted as amended 11/16/03)

Statewide Injury Prevention and Control Program


    RESOLVED, That the North Carolina Medical Society support legislation necessary to develop sufficient funding to provide for a statewide injury prevention and control program.


(Report G-1989, adopted 11/11/89) (reaffirmed, Report L-1999, Item 19, adopted 11/14/99)

Injury Prevention and Control


    RESOLVED, That the North Carolina Medical Society endorse injury control initiatives in North Carolina which are consistent with other Medical Society policies, such as the efforts of the State of North Carolina in promoting injury prevention and control, research and trauma management programs in North Carolina and the coordination of data from and efforts of the medical community, the research community, and the private sector.


(Report N-1989, adopted 11/11/89) (revised, Report L-1999, Item 20, adopted 11/14/99)

North Carolina Trauma Care System


    RESOLVED, That the North Carolina Medical Society endorse the following:
  1. regionalized trauma care system in North Carolina,
  2. study of the rational development of Level III trauma centers,
  3. continued evolution of the North Carolina Statewide Trauma Registry,
  4. injury control by recommending the inclusion of E codes in all hospital and emergency department discharge data, and
  5. the categorization of hospitals by the level of trauma care they can provide.


(Report M-1989, adopted 11/11/89) (revised, Report L-1999, Item 22, adopted 11/14/99)

Inclusion of E Codes (External Cause of Injury) as Supplemental to ICD Codes


    RESOLVED, That the North Carolina Medical Society encourage the use of E codes (External Cause of Injury) as a supplement to ICD 9 codes.


(Report E-1989, adopted 11/11/89) (revised, Report L-1999, Item 24, adopted 11/14/99)

Firearm Safety


    RESOLVED, That the North Carolina Medical Society supports effective reasonable measures for limiting access to handguns, especially among children, including educational programs regarding safe storage of fireams and ammunition, trigger locks, and gun safes.


(Substitute Resolution 5 - 2004, adopted 11/14/2004)

JCAHO

Joint Commission on Accreditation of Healthcare Organizations Standards


    RESOLVED, That the North Carolina Medical Society opposes any changes in the Joint Commission on Accreditation of Healthcare Organizations standards concerning medical staff composition and responsibilities which would result in a lowering of the high standard of care now delivered in our hospitals.


(Resolutions 5, 7, 9 and 21-1983, adopted 5/7/83) (revised, Report FF-1993, Item 7, adopted as amended 5/7/93) (revised, Report H-2003, Item 3 #13, adopted as amended 11/16/03)

JCAHO Reports


    RESOLVED, That the North Carolina Medical Society supports exclusion from discovery in any civil or criminal action documents given by hospitals to the JCAHO which contain root cause analysis or other self critical information.


(Resolution 43-1998, adopted 11/15/98) (revised, Report L3-2004, Item 28, adopted 11/14/2004)

JURY DUTY

Jury Duty by Physicians in North Carolina


    RESOLVED, That whenever possible and consistent with the provision of good patient care, the physicians of the North Carolina Medical Society consider it their civic responsibility and a beneficial educational experience to serve as jurors in their respective communities; and be it further

RESOLVED, That when faced with acute medical emergencies, physicians be treated equitably and with consideration by those involved in jury selection across the State.


(Resolution 10-1989, adopted 11/11/89) (revised, Report L-1999, Item 5, adopted 11/14/99)

LABORATORY SERVICES

Referrals for Laboratory Services


    RESOLVED, That the North Carolina Medical Society supports the position that a physician should be able to utilize lab services from a physician office lab, private pathologists' lab or hospital lab that meets approved lab accreditation standards and is capable of providing quality, cost-efficient lab services.


(Report X-1997, adopted as amended 11/16/97) (revised, Report L1-2004, Item 14, adopted 11/14/2004)

LEAD POISONING

Lead Poisoning Prevention


    RESOLVED, That the North Carolina Medical Society supports lead poisoning screening for children in North Carolina.


(Report O-1993, adopted 11/7/93) (revised, Report H-2003, Item 3 #20, adopted as amended 11/16/03) (revised, Report L1-2004, Item 39, adopted 11/14/2004)

Standards for Screening Children at Risk of Lead Poisoning


    RESOLVED, That the North Carolina Medical Society support screening for elevated blood lead levels for all children participating in Health Check (Medicaid), Health Choice or the WIC program; and be it further

RESOLVED, That the North Carolina Medical Society support the use of diagnostic/ confirmatory (venous) testing at levels consistent with current Center for Disease Control guidelines.


(Report G-1998, adopted as amended 11/15/98) Report G-2000, adopted 11/12/00)

Support for Continuation of Free Lead Testing by the State Laboratory


    RESOLVED, That the North Carolina Medical Society support the continuation of blood lead analysis at no charge by the State Laboratory for young children screened in accordance with North Carolina screening recommendations and guidelines published by the Centers for Disease Control and Prevention.


(Report D-1997, adopted 11/16/97)

Certification of Lead Abatement Contractors and Inspectors


    RESOLVED, That the North Carolina Medical Society support certification of lead abatement contractors and lead inspectors.


(Report E-1997, adopted 11/16/97)

Lead Abatement


    RESOLVED, That the North Carolina Medical Society supports a lead abatement certification program to ensure that lead abatement contractors meet minimum standards of education, training and competence.


(Report O-1996, adopted 11-17-96) (revised, Report L3-2004, Item 29, adopted 11/14/2004)

Lead Poisoning Prevention


    RESOLVED, That the North Carolina Medical Society urge the Department of Environment, Health and Natural Resources to gather data on the use of the lead poisoning questionnaire as a screening device for children in North Carolina and to report annually to the Children and Youth Committee on its findings from both screening methods (the questionnaire and the current standard of care).


(Report B-1995, adopted 11/12/95)

LICENSING BOARDS

Establishing New Health Care Licensing Boards


    RESOLVED, That the North Carolina Medical Society oppose legislation establishing new health care licensing boards unless the proponents of such legislation convincingly demonstrate such legislation is necessary to protect the public health, safety, or welfare; and be it further

RESOLVED, That the North Carolina Medical Society explore certification or registration as a mechanism to show an allied health professional has demonstrated a particular level of competency in his/her field.


(Report JJ-1989, adopted 11/11/89) (reaffirmed, Report L-1999, Item 29, adopted 11/14/99)

Cost Accounting Requirement


    RESOLVED, That the North Carolina Medical Society support efforts to require all governmental agencies to properly cost account their activities before raising registration fees.


(Substitute Report G-1994, adopted 11/6/94) (revised, Report L3-2004, Item 23, adopted 11/14/2004)

LITERACY

Support of Literacy Programs


    RESOLVED, That the North Carolina Medical Society endorse programs which support efforts to improve literacy in the United States.


(Resolution 10-2000, adopted as amended 11/12/00)

LONG-TERM CARE

Inappropriate Placement and/or Care of Patients in Rest Homes in North Carolina


    RESOLVED, That the North Carolina Medical Society encourage greater physician communication with County Departments of Social Services to address the issue of inappropriate placement and/or care of patients in rest homes in North Carolina.


(Report H-1992, adopted 11/8/92) (reaffirmed, Report H-2002, adopted 11/17/02)

Enhance Availability of Nursing Home Beds


    RESOLVED, That the North Carolina Medical Society encourage the appropriate divisions of state government to seek avenues, both regulatory and legislative, to enhance the availability of and funding for nursing home beds.


(Report HH-1989, adopted 11/11/89) (revised, Report L-1999, Item 12, adopted 11/14/99)

Medical Directors in Long-Term Care Facility


    RESOLVED, That the North Carolina Medical Society supports the employment of NC licensed physicians as medical directors in all long-term care facilities in North Carolina.


(Report D-1974, adopted 5/21/74) (revised, Report T-1987, Item 3, adopted 5/2/87) (amended, Report OO-1997, Item 1, adopted 11/16/97) (revised, Report L1-2004, Item 40, adopted 11/14/2004)

Long-Term Care


    RESOLVED, That the North Carolina Medical Society supports efforts to develop a system of public and private programs to efficiently address the long term care needs of the citizens of North Carolina.


(Report FF-1996, adopted as amended 11/17/96) (revised, Report L3-2004, Item 20, adopted 11/14/2004)

MANAGED CARE ORGANIZATIONS

Managed Care Organizations' Medical Necessity Criteria for Approval of Benefits


    RESOLVED, That the North Carolina Medical Society encourage regulations and/or laws requiring the managed care companies that do business in North Carolina to make available to physicians, upon request, the medical necessity criteria and the medical sources used to validate that criteria.


(Resolution 15-1992, adopted 11/8/92) (reaffirmed, Report H-2002, adopted 11/17/02)

Physician Office Inspection Tools


    RESOLVED, That the North Carolina Medical Society endorse in concept the Medical Record Assessment Tool for Managed Care Plans and the Site Visit Assessment Tool for Managed Care Plans endorsed by the North Carolina Association of Health Plans; and be it further

RESOLVED, That the North Carolina Medical Society encourage all health plans and physician networks in the state to consider adopting the Medical Record Assessment Tool for Managed Care Plans and the Site Visit Assessment Tool as an initial step in reducing the burden to physicians and their office staffs; and be it further

RESOLVED, That the North Carolina Medical Society investigate placement of an electronic version of the Medical Record Assessment Tool for Managed Care Plans and the Site Visit Assessment Tool on its web site for voluntary use by its members.


(Resolution 29-2002, adopted as amended 11/17/02)

Opposition to HMO/MCO Bans on Dual Affiliation


    RESOLVED, That the North Carolina Medical Society oppose HMO and MCO bans on dual affiliation.


(Report A-2001, adopted 11/11/01)

All Products Clauses


    RESOLVED, That the North Carolina Medical Society actively oppose the use of "all-products" clauses in physician managed care contracts; and be it further

RESOLVED, That the North Carolina Medical Society actively oppose any limitation on the ability of the physician to choose the plans in which he or she participates; and be it further

RESOLVED, That the North Carolina Medical Society educate its members on the potential risks of "all-products" clauses and the importance of identifying such clauses in contracts prior to their signing; and be it further

RESOLVED, That the North Carolina Medical Society be prepared to support or seek, if necessary both state and federal legislation as well as regulatory agency regulations and rulings to prohibit the use of "all-products" clauses in physician managed care contracts.


(Report B-2001, adopted 11/11/01)

Full Disclosure of Medical Policy in Managed Care Contracts


    RESOLVED, that the North Carolina Medical Society seek statutory or regulatory relief which would require that contracts between physicians and managed care companies fully disclose both the complete fee schedules and medical policies of the company, including utilization management criteria and specific coding edits, that are to apply during the term of the contract; and be it further

RESOLVED, That the North Carolina Medical Society support change in state law to prohibit amendments or changes to fee schedules and policies that are part of a contract between a managed care company and a physician or physician group without the mutual agreement of the managed care company and the contracting physician or physician group.


(Resolution 35-2001, adopted as amended 11/11/01)

Silent PPOs


    RESOLVED, That the North Carolina Medical Society develop and distribute materials to educate members about "silent PPOs" and their practices.


(Resolution 22-2000, adopted as amended 11/12/00)

Managed Care Guidelines for Employers, Patients, Managed Care Organizations and Physicians


    RESOLVED, That the document entitled "A Template for Creating Trust in Managed Care" be retitled as follows: "Managed Care Guidelines for Employers, Patients, Managed Care Organizations and Physicians"; and be it further

RESOLVED, That the North Carolina Medical Society endorse the document "Managed Care Guidelines for Employers, Patients, Managed Care Organizations and Physicians" as amended by the House of Delegates on November 14, 1999, and be it further

RESOLVED, That the North Carolina Medical Society be authorized to undertake activities related to publicizing, packaging and promoting this document.


(Substitute Report Q-1999, adopted as amended 11/14/99)

North Carolina Medical Society Managed Care Organization Report Card


    RESOLVED, That the North Carolina Medical Society in conjunction with other organizations as appropriate (such as universities) establish a mechanism to periodically conduct a survey of physician offices regarding their experience, attitudes and opinions of the operation of Managed Care Organizations doing business in North Carolina; and be it further

RESOLVED, That County Medical Societies, North Carolina Specialty Societies and Affiliate Organizations be requested to assist in the distribution of such survey and encouraging their members to complete survey forms; and be it further

RESOLVED, That survey results be compiled and widely distributed in order to express physician perspectives on various Managed Care Organizations.


(Report R-1999, adopted 11/14/99)

Physician Advocacy with Managed Care Organizations


    RESOLVED, That the North Carolina Medical Society and its staff be commended for their efforts to represent organized medicine’s viewpoint to managed care organizations; and be it further

RESOLVED, That the North Carolina Medical Society continue and expand these efforts to promote the advocacy of physician interests in the health care arena.


(Resolution 4-1999, adopted 11/14/99)

Physician Decision-Making in Health Plans


    RESOLVED, That the North Carolina Medical Society opposes the preemption of treating physicians' judgments by third party payors in responsibilities including, but not limited to, the following:


(Resolution 12-1997, adopted as amended 11/16/97) (revised, Report L2-2004, Item 47, adopted 11/14/2004)

Managed Care Trauma Patients


    RESOLVED, That the North Carolina Medical Society supports the concept that initial care of trauma patients should not be influenced by financial considerations; and be it further

RESOLVED, That the North Carolina Medical Society supports a requirement that managed care companies (as a condition of licensure) have policies which permit trauma patients to obtain health care at the closest appropriate facility.


(Report M-1996, adopted 11/17/96) (revised, Report L2-2004, Item 26, adopted 11/14/2004)

Pluralistic System of Health Care


    RESOLVED, That the North Carolina Medical Society supports a pluralistic health care delivery system, and the right of both patients and physicians to choose the system within which services are delivered so long as that system exploits neither patient nor physician. The North Carolina Medical Society opposes governmental intervention on behalf of any one method of practice over all others, or any unfair competitive advantage. However, the North Carolina Medical Society is not opposed to experimental, demonstration, or pilot model projects in new systems of health care (including medical care) delivery.


(Report B-1972, adopted 5/23/72) (reaffirmed, Report D-1986, Item 3, adopted 5/3/86) (reaffirmed, Report Y-1996, Item 23, adopted 11/17/96) (revised, Report L2-2004, Item 31, adopted 11/14/2004)

Ethics in Managed Care


    RESOLVED, That the North Carolina Medical Society supports the 1996 Ethics in Managed Care Report. See Appendix A.


(Report QQ-1996, adopted 11/17/96) (revised, Report L2-2004, Item 41, adopted 11/14/2004)

Physician Credentialing by Managed Care Companies


    RESOLVED, That the North Carolina Medical Society supports the continued use of a standardized credentialing form by the managed care industry.


(Resolution 44-1996, adopted as amended 11/17/96) (revised, Report L2-2004, Item 19, adopted 11/14/2004)

Payment for Medical Services to Special Populations of Children


    RESOLVED, That the North Carolina Medical Society address the systematic denial of coverage to children with special needs by managed care organizations and indemnity insurance companies, and be it further

RESOLVED, That the North Carolina Medical Society vigorously advocate elimination of such systematic denial of coverage by the insurance industry.


(Substitute Resolution 2-1995, adopted 11/12/95)

Health Plan Financial Incentives


    RESOLVED, That the North Carolina Medical Society supports measures to ensure that all health plans be required to disclose the following to potential clients customers, employers and members:
  1. Economic and other incentives given to providers to limit plan expenses.
  2. Specific and detailed disclosure of restrictions in choice of physicians and limitations of services available.


(Resolution 13-1995, adopted as amended 11/12/95) (revised, Report L2-2004, Item 28, adopted 11/14/2004)

Patients' Withdrawal from Managed Care Plans


    RESOLVED, That the North Carolina Medical Society supports enabling patients of physicians who are deselected by a managed care plan to immediately withdraw from the plan without penalty.


(Substitute Resolution 23-1995, adopted 11/12/95) (revised, Report L2-2004, Item 20, adopted 11/14/2004)

Fairness Measures in Managed Care


    RESOLVED, That the North Carolina Medical Society supports measures to assure fairness in the practice of managed care. Fairness measures for patients and physicians should address:


(Report AA-1994, adopted as amended 11/6/94) (revised, Report L2-2004, Item 29, adopted 11/14/2004)

Managed Care


    RESOLVED, That the North Carolina Medical Society supports managed care advocacy activities including monitoring, evaluating, provision of assistance, regulatory intervention and legal action when necessary.


(Resolution 16-1994, adopted as amended 11/6/94) (revised, Report L2-2004, Item 45, adopted 11/14/2004)

MANDATES

Oppose Scope of Limited English Proficiency Guidance


    RESOLVED, That the North Carolina Medical Society, through the efforts of its staff and AMA delegation, support the AMA's effort to oppose the inappropriate extension of the Limited English Proficiency Guidance issued by the US Department of Health and Human Services' Office of Civil Rights’ to physicians in private practice.


(Resolution 47-2000, adopted 11/12/00)

MATERNAL HEALTH

Neonatal Bed Locator/Physician Access Line System for Placement of High Risk Infants


    RESOLVED, That the North Carolina Medical Society support continued operation of the Physician Access Line System for more efficient and expeditious placing of high risk pregnant mothers from community-based hospitals.


(Report QQ-1992, adopted 11/8/92) (revised, Report H-2002, adopted 11/17/02)

Prenatal and Delivery Care for Indigent Pregnant Women


    RESOLVED, That the North Carolina Medical Society request its component medical societies and physicians to work actively with their community hospitals and local health departments to ensure that quality prenatal care, including early and frequent prenatal visits, is available to all pregnant women in North Carolina, regardless of income; and be it further

RESOLVED, That the North Carolina Medical Society work with appropriate agencies and organizations to continue to provide an awareness of the importance and the availability of prenatal care among North Carolina citizens.


(Resolution 16-1984, adopted 5/5/84) (revised, Report CC-1994, Item 26, adopted as amended 11/6/94) (revised, Report Q-2000, Item 34, adopted 11/12/00)

Folic Acid Endorsement


    RESOLVED, That the North Carolina Medical Society recommend that any woman in North Carolina, from her teens to her 40's consume 0.4 milligrams (400 micrograms) of folic acid every day by taking multivitamins with folic acid and eat foods high in folate.


(Resolution 6-2000, adopted 11/12/00)

Endorsement to Promote Use of Folic Acid


    RESOLVED, That the North Carolina Medical Society promote use of folic acid and supplementation prior to and during pregnancy.


(Report O-1999, adopted 11/14/99)

Checkbox for Pregnancy Related Deaths on North Carolina Death Certificates


    RESOLVED, That the North Carolina Medical Society support the addition of the pregnancy checkbox on North Carolina death certificates.


(Report P-1999, adopted 11/14/99)

Family Physicians/Obstetricians


    RESOLVED, That the North Carolina Medical Society supports efforts to ensure the availability of obstetrical care by family practice/obstetricians (FP/OBs), the continuation of family practice obstetrical training programs, and statewide access to quality and cost-effective obstetrical care for the people of North Carolina.


(Resolution 17-1987, adopted 5/2/87) (amended, Report OO-1997, Item 25, adopted 11/16/97) (revised, Report L1-2004, Item 42, adopted 11/14/2004)

Maternal Mortality


    RESOLVED, That the North Carolina Medical Society supports the review of all pregnancy-related deaths in North Carolina on an annual basis to discover ways to reduce or prevent such deaths.


(Report E-1996, adopted 11/17/96) (revised, Report L1-2004, Item 41, adopted 11/14/2004)

Pain Relief During Labor


    RESOLVED, That the North Carolina Medical Society supports the American College of Obstetricians and Gynecologists guidelines that state that maternal request is sufficient justification for pain relief during labor; and be it further

RESOLVED, That the North Carolina Medical Society supports reimbursement for pain relief, including the use of regional anesthesia, by third party payors that cover obstetric services.


(Report F-1996, adopted 11/17/96) (revised, Report L1-2004, Item 59, adopted 11/14/2004)

Alcohol and Drug Use During Pregnancy


    RESOLVED, That the North Carolina Medical Society supports educational efforts on the health hazards and legal ramifications of the use of alcohol, tobacco, cocaine and other illicit drugs during pregnancy.


(Report G-1996, adopted 11/17/96) (revised, Report L1-2004, Item 43, adopted 11/14/2004)

Pregnancy Prevention and Sexually Transmitted Diseases Education


    RESOLVED, That the North Carolina Medical Society supports patient education, by a qualified provider, for patients presenting for pregnancy testing, regarding pregnancy prevention and sexually transmitted diseases.


(Report H-1996, adopted 11/17/96) (revised, Report L1-2004, Item 44, adopted 11/14/2004)

Maternal Prenatal Testing


    RESOLVED, That the North Carolina Medical Society supports the linkage of clinically significant maternal prenatal testing results to neonatal health information reports for epidemiological and outcomes analysis with full protection of patient privacy and confidentiality.


(Resolution 8-1996, adopted as amended 11/17/96) (revised, Report L1-2004, Item 58, adopted 11/14/2004)

MEDICAID

Medicare—Medicaid Crossover Claims


    RESOLVED, That the North Carolina Medical Society oppose the state policy to discontinue the automated crossover claim process and encourage the state to find ways to process crossover claims without imposing additional billing costs and reimbursement delays on physicians.


(Resolution 32-2002, adopted as amended 11/17/02)

County Share of Medicaid Costs


    RESOLVED, That the North Carolina Medical Society call upon the North Carolina General Assembly to address the problem of low wealth counties' share of Medicaid payments.


(Report I-2001, adopted 11/11/01)

Carolina Access Program


    RESOLVED, That the North Carolina Medical Society endorse the Carolina Access Program which is sponsored by the North Carolina Department of Health and Human Services [program will contract with primary care physicians to deliver and coordinate health care for Medicaid recipients]; and be it further

RESOLVED, That the Society encourage its members to participate in the Medicaid Program.


(Report M-1991, adopted 11/9/91) (reaffirmed, Report U-2001, Item 3, adopted 11/11/01)

Adequate Medicaid Reimbursement Rates


    RESOLVED, That the North Carolina Medical Society support an adequate reimbursement rate for Medicaid to promote equal access to health care for Medicaid recipients.


(Report O-1991, adopted 11/9/91) (revised, Report U-2001, Item 32, adopted 11/11/01)

Criteria for Requests for Proposal in Contracting with a Carrier for the Medicaid Program


    RESOLVED, That the North Carolina Medical Society recommend to the North Carolina Department of Health and Human Services that all further Requests for Proposal in contracting with a carrier for the Medicaid Program include explicit criteria that the carrier must promptly pay claims, promptly resolve claim disputes, and be capable of receiving claims and issuing payments electronically.


(Report A-2000, adopted 11/12/00)

Prevention and Health Promotion Efforts by Local Health Departments


    RESOLVED, That the North Carolina Medical Society supports providing adequate funding to support local health departments in their efforts to continue prevention and population based health promotion programs; and be it further

RESOLVED, That the North Carolina Medical Society supports providing adequate funding to support the data gathering and processing activities of local health departments.


(Report M-1998, adopted 11/15/98) (revised, Report L2-2004, Item 2, adopted 11/14/2004)

Care of Indigent Patients


    RESOLVED, That the North Carolina Medical Society supports member participation in the care of indigent patients.


(Report R-1975, adopted 5/3/75) (reaffirmed, Report II-1988, Item 6, adopted 5/7/88) (revised, Report MM-1998, Item 6, adopted 11/15/98) (revised, Report L2-2004, Item 8, adopted 11/14/2004)

Medicaid Coverage for Uninsured Workers


    RESOLVED, That the North Carolina Medical Society supports appropriate funding of the Medicaid program to improve provider reimbursement and to extend coverage to the working poor who have no health insurance and no Medicaid coverage.


(Resolution 12-1988, adopted 5/7/88) (revised, Report MM-1998, Item 52, adopted 11/15/98) (revised, Report L2-2004, Item 7, adopted 11/14/2004)

Dispense As Written


    RESOLVED, That the North Carolina Medical Society supports elimination of the Medicaid requirement of writing by hand, "Dispense as Written" or "Brand Necessary,"on the face of prescriptions to prevent generic substitution.


(Substitute Resolution 22-1988, adopted as amended 5/7/88) (revised, Report MM-1998, Item 53, adopted 11/15/98) (revised, Report L3-2004, Item 30, adopted 11/14/2004)

Mental Health Benefits in Medicaid Programs


    RESOLVED, That the North Carolina Medical Society supports inclusion of mental health benefits in all Medicaid programs.


(Report B-1997, adopted as amended 11/16/97) (revised, Report L2-2004, Item 4, adopted 11/14/2004)

Cochlear Implants


    RESOLVED, That the North Carolina Medical Society support Medicaid coverage for cochlear implants for the profoundly deaf in North Carolina when the implants are performed in conjunction with comprehensive aural rehabilitation and data sharing with national implant registries.


(Report GG-1997, adopted 11/16/97)

Poverty Level


    RESOLVED, That the North Carolina Medical Society supports the use of the federal poverty level for state programs utilizing a definition of poverty.


(Resolution 6-1987, adopted 5/2/87) (reaffirmed, Report OO-1997, Item 23, adopted 11/16/97) (revised, Report L3-2004, Item 31, adopted 11/14/2004)

Medicaid Reimbursement for Children's Dental Services


    RESOLVED, That the North Carolina Medical Society supports adequate Medicaid reimbursements for dental care services for the children of North Carolina.


(Resolution 6-1997, adopted as amended 11/16/97) (revised, Report L2-2004, Item 10, adopted 11/14/2004)

Access to Medical Care by Medicaid Patients


    RESOLVED, That the North Carolina Medical Society supports NC Division of Medical Assistance impact studies prior to implementing new regulations that would require credentialing of physicians caring for pediatric and obstetrical Medicaid patients (board certification or hospital privileges).


(Resolution 4-1995, adopted as amended 11/12/95) (revised, Report L2-2004, Item 1, adopted 11/14/2004)

Extension of Medicaid Coverage for Family Planning Services


    RESOLVED, That the North Carolina Medical Society support the extension of Medicaid coverage for family planning for two years postpartum to all women currently eligible for Medicaid during their pregnancies.


(Report Q-1994, adopted 11/6/94)

MEDICAL BOARD, NORTH CAROLINA

Procedures of the North Carolina Medical Board


    RESOLVED, That the North Carolina Medical Society advise all of its members that they may retain an attorney who will accompany them to any meeting with the North Carolina Medical Board; and be it further

RESOLVED, That the North Carolina Medical Society ask the North Carolina Medical Board to provide each licensed physician with a written description of the categories of inquiries that are made by the Board and to advise each physician that he or she may retain an attorney and have him or her present; and be it further

RESOLVED, That the North Carolina Medical Society Executive Committee work with the Medical Board to maximize effective communications with physicians meeting with or appearing before the Board.


(Substitute Resolution 23-1990, adopted as amended 11/10/90) (revised, Report Q-2000, Item 31, adopted 11/12/2000)

Clinical Competence of Practicing Physicians


    RESOLVED, That the North Carolina Medical Society supports reasonable efforts to ensure the continued clinical competence of physicians practicing in North Carolina.


(Report CC-1998, adopted as amended 11/15/98) (revised, Report L3-2004, Item 32, adopted 11/14/2004)

Licensure Standards


    RESOLVED, That the North Carolina Medical Society supports medical licensure standards based solely on professional competence, conduct, character, and ethics.


(Resolutions 5, 16-1986, adopted 5/3/86) (revised, Report Y-1996, Item 20, adopted 11/17/96) (revised, Report L1-2004, Item 10, adopted 11/1/4/2004)

MEDICAL EDUCATION

Physicians as Preceptors in Ambulatory Care Education of Medical Students


    RESOLVED, That the North Carolina Medical Society encourage its membership to enlist as preceptors in the ambulatory care education of medical students.


(Report E-1992, adopted 11/8/92) (reaffirmed, Report H-2002, adopted 11/17/02)

Area Health Education Centers Ambulatory-Based Medical Education Efforts


    RESOLVED, That the North Carolina Medical Society support adequate funding for Area Health Education Centers for its ambulatory-based medical education efforts.


(Report F-1992, adopted 11/8/92) (revised, Report H-2002, adopted 11/17/02)

Clinical Skills Assessment Exam


    RESOLVED, That the North Carolina Medical Society take all steps necessary to stop implementation of the Clinical Skills Assessment Exam by the National Board of Medical Examiners; and be it further

RESOLVED, That the North Carolina Medical Society communicate its strong opposition to implementation of the Clinical Skills Assessment Exam to the National Board of Medical Examiners and the Federation of State Medical Boards; and be it further

RESOLVED, That the North Carolina Medical Society urge the North Carolina Medical Board to accept the current Clinical Practice Exam administered in a standardized format at all four medical schools in North Carolina in lieu of any future Clinical Skills Assessment Exam.


(Substitute Resolution 31-2002, adopted 11/17/02)

Support of Medical Students and Residents in Community-Based Ambulatory Settings


    RESOLVED, That the North Carolina Medical Society encourage its members to cooperate with and be supportive of the education of medical students and residents in community-based ambulatory settings since medical school curriculums are placing increased emphasis on education in such settings.


(Report P-1991, adopted 11/9/91) (reaffirmed, Report U-2001, Item 4, adopted 11/11/01)

Continuing Medical Education Requirements


    RESOLVED, That the North Carolina Medical Society supports the continuing medical education requirements contained in the North Carolina Medical Board regulations.


(Report V-2001, adopted 11/11/01) (revised, Report L1-2004, Item 22, adopted 11/14/2004)

Support of Electronic Continuing Medical Education Reporting


    RESOLVED, That the North Carolina Medical Society encourage and work with the North Carolina Medical Board so that standards for electronic continuing medical education (CME) reporting can be established and communicated.


(Resolution 28-2000, adopted as amended 11/12/00)

Continuing Medical Education for Limited Scope Practitioners


    RESOLVED, That the North Carolina Medical Society encourage North Carolina medical schools, and other entities certifying continuing medical education, to restrict certification to perform procedures that are the subject of a continuing medical education course to health care professionals who are licensed or otherwise authorized by North Carolina law to perform the procedure.


(Report Y-1999, adopted 9/24/2000 by Executive Council, referred for action by HOD)

Initial Residency Period and Limitations on Residency Slots


    RESOLVED, That the North Carolina Medical Society endorse the AMA's ongoing efforts to provide adequate funding for post graduate medical education; and be it further

RESOLVED, That the North Carolina Medical Society AMA delegation support efforts to change the current federal legislation which limits the ability of residents to change to a more suitable residency.


(Substitute Resolution 3-1999, adopted as amended 11/14/99)

Participation in Organized Medicine Conferences for Postgraduate Medical Education Residents in North Carolina


    RESOLVED, That the North Carolina Medical Society supports the practice of resident physicians attending conferences sponsored by organized medicine, including North Carolina Medical Society and American Medical Association activities; and be it further

RESOLVED, That the North Carolina Medical Society supports seeking external funding sources for such conferences.


(Substitute Report U-1998, adopted as amended 11/15/98) (revised, Report L1-2004, Item 17, adopted 11/14/2004)

Diversity in Medical Education


    RESOLVED, That the North Carolina Medical Society supports efforts to increase physician workforce diversity, including opportunities in education.


(Resolution 23-1997, adopted as amended 11/16/97) (amended by addition of third resolve, Report V-1998, adopted 11/15/98) (revised, Report L1-2004, Item 18, adopted 11/14/2004)

Role of North Carolina Medical Society in Accrediting Programs for Continuing Medical Education


    RESOLVED, That the North Carolina Medical Society supports maintaining its status with the Accreditation Council for Continuing Medical Education (ACCME) as an organization approved to accredit sponsors of intrastate continuing medical education programs in North Carolina; and be it further

RESOLVED, That the North Carolina Medical Society supports the "Essentials and Guidelines" of the ACCME as a statement of basic criteria to be met by organizations/institutions applying for accreditation through the North Carolina Medical Society; and be it further

RESOLVED, That the North Carolina Medical Society supports the use of the "Accreditation Manual for Continuing Medical Education Activities in North Carolina" to be used with the above cited in conjunction with the "Essentials and Guidelines" in the continuing medical education accreditation program of the Medical Education Committee, and that the Medical Education Committee be authorized to make modifications in these documents as necessary to the continued successful implementation of the accreditation program; and be it further

RESOLVED, That the Medical Education Committee be authorized to:

  1. Accept the report of a continuing medical education accreditation survey team.
  2. Determine whether an accreditation applicant fulfills the criteria for accreditation as a provider of CME.
  3. Transmit this decision, over the signature of the Chair of the Medical Education Committee, to the Accreditation Council for Continuing Medical Education.
  4. Inform the applicant organization, over the same signature, of the action of the Medical Education Committee as approved by the Board of Directors on behalf of the North Carolina Medical Society.
  5. Provide those accredited with an appropriate certificate, signed by the President of the North Carolina Medical Society and the Chair of the Medical Education Committee, attesting to the applicant's accreditation status.


(Resolution 12-1975, adopted 5/3/75)(revised, Report II-1988, Item 21, adopted 5/7/88)(revised, Report MM-1998, Item 41, adopted 11/15/98) (revised, Report L1-2004, Item 20, adopted 11/14/2004)

Medical Student Financial Assistance


    RESOLVED, That the North Carolina Medical Society in conjunction with the American Medical Association supports joining with the Medical Student Section in its continued efforts toward financial assistance, including the Health Professions Student Loan and Scholarship Programs which are financed by the Federal Government and operated by the medical schools themselves; and be it further

RESOLVED, That all such programs should take cognizance of the specific situation and need of the individual student recipient in making determinations of the assistance to be provided.


(Resolution 13-1971, adopted 5/18/71) (revised, Report T-1987, Item 12, adopted 5/2/87) (revised, Report II-1988, Item 24, adopted 5/7/88) (reaffirmed, Report MM-1998, Item 44, adopted 11/15/98) (revised, Report L1-2004, adopted 11/14/2004)

Community Practice Physicians on Admitting Committees or Boards of Medical Schools


    RESOLVED, That the North Carolina Medical Society supports including community practice physicians on Admitting Committees or Boards of North Carolina Medical Schools.


(Report G-1973, adopted 5/22/73) (reaffirmed, Report T-1987, Item 10, adopted 5/2/87) (amended, Report OO-1997, Item 20, adopted 11/16/97) (revised, Report L1-2004, Item 21, adopted 11/14/2004)

Innovative Prevention and Health Promotion Continuing Medical Education (CME) Programs


    RESOLVED, That the North Carolina Medical Society supports the development and promotion of methods that will enable medical practices to engage in more effective and efficient health promotion and prevention efforts with their patient populations; and be it further

RESOLVED, That the North Carolina Medical Society supports collaboration with the AHEC Program and the state's medical schools to identify funds for implementing a pilot program of innovative continuing medical education for North Carolina's practicing physicians; and be it further

RESOLVED, That the North Carolina Medical Society and North Carolina Medical Society Foundation supports the development of an innovative CME programs to help physicians find effective and efficient strategies for preventive care.


(Report CC-1996, adopted as amended 11/17/96) (revised, Report L1-2004, Item 19, adopted 11/14/2004)

Support for Community-Based Medical Education


    RESOLVED, That the North Carolina Medical Society, in recognition of the need for more primary care physicians, supports the State's four schools of medicine and the NC Area Health Education Centers Program (AHEC) in promoting community-based medical education; and be it further

RESOLVED, That the North Carolina Medical Society supports individual member involvement in community-based medical education by serving as preceptors for medical students training in their communities.


(Report P-1995, adopted 11/12/95) (revised, Report L1-2004, Item 23, adopted 11/14/2004)

MEDICAL EXAMINER

North Carolina Medical Examiner System


    RESOLVED, That the North Carolina Medical Society commend the efforts of the North Carolina physicians who have served the medical examiner system so ably since its inception in 1967; and be it further

RESOLVED, That the North Carolina Medical Society urge continued participation by its membership in the medical examiner system.


(Resolution 29-1990, adopted 11/10/90) (revised, Report Q-2000, Item 50, adopted 11/12/00)

Medical Examiner Investigation and Autopsies


    RESOLVED, That the North Carolina Medical Society supports fees for Medical Examiner investigations and autopsies commensurate with the time and expertise involved.


(Report E-1984, adopted 5/5/84) (revised, Report CC-1994, Item 3, adopted 11/6/94) (revised, Report L3-2004, Item 33, adopted 11/14/2004)

MEDICAL IRAS

Tax-Free Individual Medical Accounts


    RESOLVED, That the North Carolina Medical Society supports the development of methods, such as tax-free individual medical accounts intended (1) to provide incentives for individual cost containment, (2) to increase access to health care, and (3) to allow patients to choose their health care providers.


(Resolution 5-1993, adopted as amended 11/7/93) (revised, Report H-2003, Item 3 #2, adopted as amended 11/16/03)

Health Savings Accounts


    RESOLVED, That the North Carolina Medical Society supports the education of its members about the availability of Health Savings Accounts; and be it further

RESOLVED, That the North Carolina Medical Society supports expeditious establishment of Health Savings Accounts.


(Substitute Resolution 12-1995, adopted 11/12/95) (revised, Report L2-2004, Item 9, adopted 11/14/2004)

MEDICAL RECORDS

Access to Shared Medical Information for Victims of Child Abuse and Juveniles in Protective Custody


    RESOLVED, That the North Carolina Medical Society support legislation requiring that:
  1. In the case of a juvenile under protective custody of the Department of Social Services, the juvenile's primary care and treating physician shall have the right to examine medical and psychiatric records maintained by the Department of Social Services relative to that juvenile.
  2. In the case of a juvenile victim, the juvenile's primary care and treating physician shall have the right to examine medical and psychiatric records, which are necessary for the medical care of the child.


(Substitute Resolution 18-2001, adopted 11/11/01)

Charges for Patient Record Information


    RESOLVED, That the North Carolina Medical Society recommend that physicians be reasonably compensated for providing patient record information.


(Resolution 22-1990, adopted as amended 11/10/90) (revised, Report Q-2000, Item 45, adopted 11/12/00)

Achieving a Paperless, Protected, Patient-Centered Medical Record by 2010


    RESOLVED, That the North Carolina Medical Society join with the North Carolina Healthcare Information and Communications Alliance and other professional associations in endorsing the goal of and working toward achieving a paperless, protected, patient-centered medical record by 2010.


(Resolution 10-1999, adopted as amended 11/14/99)

Electronic Medical Information


    RESOLVED, That the North Carolina Medical Society supports facilitation of the development, use and storage of electronic medical information by physicians, patients and health care providers, and to assure the confidentiality of patient-level information is not compromised.


(Report FF-1997, adopted 11/16/97) (revised, Report L3-2004, Item 34, adopted 11/14/2004)

MEDICAL TESTIMONY

Expert Witness


    RESOLVED, That the North Carolina Medical Society encourage its members to serve as expert medical witnesses to assure readily available and objective testimony in court proceedings; and be it further

RESOLVED, That the North Carolina Medical Society adopt the following as expected qualifications for physician expert witnesses who testify as to the standard of care in professional liability cases;

  1. The physician expert witnesses must have a currently valid and unrestricted license to practice medicine in the state in which they practice.
  2. The physician expert witnesses must show evidence of competence in the specialty or area of medical care of the defendant physician. Acceptable evidence of competence would include such accomplishments as Board Certification by a specialty recognized by the American Board of Medical Specialties and/or demonstrated experience in the area of medical care from which the complaint arose.
  3. The physician expert witnesses must document that he or she dedicated the majority of his or her professional time, during the year immediately preceding the date of the occurrence that is the basis for the action, to either one or more of the following: (1) the active clinical practice of the same health profession in which the party against whom or on whose behalf the testimony is offered, (2) if the party is a specialist, the active clinical practice of the same specialty or a similar specialty which includes within its specialty the performance of the procedure that is the subject of the complaint and have prior experience treating similar patients; or (3) the instruction of students in an accredited health professional school or accredited residency or clinical research program in the same health profession as the party against whom or on whose behalf the testimony is offered; and be it further

RESOLVED, That nothing in these characteristics should prevent any physician, irrespective of specialty qualifications, who was previously involved in the care of the plaintiff patient, or who may offer relevant testimony to the court on matters unrelated to the standard of care in question, from testifying as an expert witness in the case.


(Report K-1991, adopted 11/9/91) (revised, Report U-2001, Item 33, adopted 11/11/01)

MEDICARE

Assignment of Medicare Benefits


    RESOLVED, That the North Carolina Medical Society supports the physician's right to accept or decline assignment of Medicare benefits from patients on a case-by-case basis.


(Resolution 11-1983, adopted 5/7/83) (reaffirmed, Report FF-1993, Item 8, adopted 11/7/93) (revised, Report H-2003, Item 3 #21, adopted as amended 11/16/03) (revised, Report L3-2004, Item 36, adopted 11/14/2004)

Equitable Physician Payment


    RESOLVED, That the North Carolina Medical Society supports Medicare physician payment reform based upon a Resource-Based Relative Value Scale (RBRVS); and be it further

RESOLVED, That the North Carolina Medical Society opposes any attempt by Centers for Medicare & Medicaid Services (CMS) to use volume offset assumptions to implement Medicare Physician Payment Reform; and be it further

RESOLVED, That the North Carolina Medical Society supports measures that would require an appeal mechanism for timely remedy of inaccuracies associated with implementation of RBRVS.


(Substitute Report D-1991, adopted as amended 11/9/91) (revised, Report U-2001, Item 34, adopted 11/11/01) (revised, Report L2-2004, Item 46, adopted 11/14/2004)

Lack of Medicare Coverage for Diabetes and Lipid Screening


    RESOLVED, That the North Carolina Medical Society via the American Medical Association support dialogue with the Center for Medicare and Medicaid Services (CMS) and Congress to cover medically indicated screening blood sugars and lipid profiles in order to prevent complications of diabetes and lipid disorders.


(Resolution 16-2001, adopted 11/11/01)

Medicare and Medicaid User Fees


    RESOLVED, That the North Carolina Medical Society opposes any measure that would establish Medicare or Medicaid "user fees."


(Resolution 50-1998, adopted 11/15/98) (revised, Report L3-2004, Item 35, adopted 11/14/2004)

MEDICO-LEGAL GUIDELINES

North Carolina Medico-Legal Guidelines


    RESOLVED, That the North Carolina Medical Society approve the current version of the North Carolina Medico-Legal Guidelines as revised by the North Carolina Medical Society and the North Carolina Bar Association.


(Report O-2000, adopted 11/12/00)

MENTAL HEALTH

Mental Health Programs in Communities


    RESOLVED, That the North Carolina Medical Society supports high quality public mental health programs at the state and local level.


(Report G-1983, adopted 5/7/83) (reaffirmed, Report FF-1993, Item 9, adopted 11/7/93) (revised, Report H-2003, Item 3 #30, adopted as amended 11/16/03)

Mental Health System Reform


    RESOLVED, That the North Carolina Medical Society supports state and local mental health care system reforms that include appropriate monitoring of patient outcomes and adequate physician input to ensure the provision of high quality public mental health care; and be it further

RESOLVED, That the North Carolina Medical Society supports the inclusion of the following general principles in any mental health system reform effort:
  1. Every individual with psychiatric symptoms has the right to a comprehensive evaluation and an accurate diagnosis, which leads to an appropriate, individualized plan of treatment.
  2. Mental health care should be patient and family centered, community based, culturally sensitive, and easily accessible without discriminatory administrative or financial barriers or obstacles.
  3. Mental health care should be readily available for patients of all ages, with particular attention to the specialized needs of children, adolescents, and the elderly. Unmet needs of ethnic and racial minorities require urgent action.
  4. Access to mental health care should be provided across numerous settings, including the workplace, schools, and correctional facilities. An emphasis should also be placed on the early recognition and treatment of mental illness.
  5. Patients deserve to be treated with dignity and respect and are entitled to choose their physician or community-based agency and to make decisions regarding their care. When they are incapable to do so, they should receive the treatment they need and when able, they should choose future care.
  6. Patients deserve to receive care in the least restrictive setting possible that encourages maximum independence with access to a continuum of clinical services, including emergency/crisis, acute inpatient, outpatient, intermediate level, and long-term residential programs.
  7. Since mental illness and substance abuse occur together so frequently, mental health care should be fully integrated with the treatment of substance abuse disorders and with primary care and other general medical services.
  8. Support must expand research into the etiology and prevention of mental illness and into the ongoing development of safe and effective treatment interventions.
  9. Efforts must be intensified to combat and overcome the stigma historically associated with mental illness through enhanced public understanding and awareness.
  10. Health benefits, access to effective services, and utilization management must be the same for people with mental illness as for other medical illnesses, preferably funded by integrated financing systems.
  11. Funding for care should be commensurate with the level of disability caused by a psychiatric illness.
  12. More resources should be devoted to treatment and to training an adequate supply of psychiatrists, especially child psychiatrists, to meet the current and future needs of the population.


(Substitute Resolution 6-2003, adopted 11/16/03)

Postpartum Depression


    RESOLVED, That the North Carolina Medical Society supports educational efforts for physicians and other allied health professionals regarding diagnosis and management of postpartum depression.


(Substitute Resolution 10-2003, adopted as amended 11/16/03)

Child and Adolescent Psychiatric Inpatient Beds


    RESOLVED, That the North Carolina Medical Society opposes the closure of public child and adolescent inpatient psychiatric beds and facilities unless adequate and sufficient services are available in the community; and be it further

RESOLVED, That the North Carolina Medical Society opposes the use of hospital emergency rooms as a substitute for adequate mental health treatment facilities.


(Substitute Resolution 19-2003, adopted 11/16/03)

Teen and Young Adult Suicide Prevention


    RESOLVED, That the North Carolina Medical Society supports having a trained individual in all North Carolina schools, colleges and universities who are familiar with suicide risk assessment including suicide prevention post-incident counseling.


(Resolution 20-2003, adopted as amended 11/16/03)

Mental Health Carve-Outs


    RESOLVED, That the North Carolina Medical Society work to eliminate mental health and chemical dependency carve-outs so that benefits for mental health and chemical dependency are managed and administered like other health care services; and be it further

RESOLVED, That the North Carolina Medical Society instruct its delegates to the American Medical Association to forward this Resolution for endorsement by the American Medical Association.


(Resolution 20-2001, adopted 11/11/01)

Specialty Society Support for Mental Health Parity


    RESOLVED, that the North Carolina Medical Society urge specialty societies to support legislation requiring mental health benefits in health benefit plans in parity with physical illness benefits provided under those plans.


(Report C-2000, adopted 11/12/00)

Psychiatric Hospitalization of Minors


    RESOLVED, That the North Carolina Medical Society advocate elimination of the statutory and regulatory requirements that minors hospitalized for psychiatric disorders undergo judicial review, and support a return of decision making on treatment needs of minors to parents and physicians.


(Resolution 3-1987, adopted 5/2/87) (revised, Report II-1989, Item 16, adopted 11/11/89) (revised, Report L-1999, Item 15, adopted 11/14/99)

Insurance Coverage - Psychiatric Services


    RESOLVED, That the North Carolina Medical Society, in the interest of better patient health care, strongly support the provision of benefits for emotional and mental illness under all governmental and private insurance programs which are equivalent in scope and duration to those benefits provided for other medical or physical illnesses.


(Resolutions 10, 16, 19, 23-1983, adopted 5/7/83) (reaffirmed, Report FF-1993, Item 10, adopted 11/7/93, and by Substitute Resolution 8-1999, adopted as amended 11/14/99)

Funding of Services Provided at Community Mental Health Centers


    RESOLVED, That the North Carolina Medical Society support adequate funding to meet the increased need for mental health services at community mental health centers.


(Resolution 9-1999, adopted as amended 11/14/99)

Mental Health Coverage for Youth


    RESOLVED, That the North Carolina Medical Society will work with the North Carolina Pediatric Society, the North Carolina Academy of Family Physicians, the North Carolina Psychiatric Association, and other interested professional societies to support legislation and/or regulatory initiatives to provide for improved mental health care access and reimbursement for children and youth.


(Resolution 14-1999, adopted as amended 11/14/99)

Psychiatric Evaluation and Treatment


    RESOLVED, That the North Carolina Medical Society supports: (1) treatment of the mentally ill in the community under medical and/or psychiatric supervision, (2) adequate evaluation of all patients in accordance with currently acceptable psychiatric standards in treatment programs directed by adequately trained physicians.


(Report F-1976, adopted 5/7/76) (reaffirmed, Report II-1988, Item 15, adopted 5/7/88) (reaffirmed, Report MM-1998, Item 15, adopted 11/15/98) (revised, Report L1-2004, Item 45, adopted 11/14/2004)

Early Psychiatric Discharge


    RESOLVED, That the North Carolina Medical Society opposes early discharge of psychiatric patients who have been inadequately treated.


(Report I-1996, adopted 11/17/96) (revised, Report L2-2004, Item 25, adopted 11/14/2004)

MIDWIFERY

Opposing Unskilled Non-Professional Midwifery and Home Deliveries


    RESOLVED, That the North Carolina Medical Society oppose unskilled non-professional midwifery and home deliveries as retrogressive steps in the face of the great efforts which have gone into the refinement of reproductive care.


(Report E-1977, adopted 5/7/77) (reaffirmed, Report II-1988, Item 12, adopted 5/7/88) (revised Report MM-1998, Item 18, adopted 11/15/98)

NATIONAL PRACTITIONER DATA BANK

National Practitioner Data Bank


    RESOLVED, That the AMA provide updates on reportability and other relevant issues related to the National Practitioner Data Bank to the AMA House of Delegates at each annual meeting; and be it further

RESOLVED, That AMA policies H-355.993 and H-355.999 be amended to state that malpractice payouts of less than $50,000 should not be reportable to the National Practitioner Data Bank; and be it further

RESOLVED, That the North Carolina Medical Society request the AMA to investigate the feasibility of amending the Health Care Quality Improvement Act to prohibit physicians from being required to provide copies of their Data Bank files to any person or entity not authorized direct access to the Data Bank and report back to the AMA House of Delegates at the 2000 Annual Meeting; and be it further

RESOLVED, That the North Carolina Medical Society AMA delegation introduce a resolution to the AMA House of Delegates requesting that the AMA take the actions set forth in the above Resolves.


(Report Z-1999, adopted as amended 11/14/99)

NEWBORNS

Newborn Screenings


    RESOLVED, That the North Carolina Medical Society supports continued newborn screening by the NC Department of Health and Human Services that are based on the most current and best medical evidence.


(Report KK-1997, adopted 11/16/97) (revised, Report L1-2004, Item 46, adopted 11/14/2004)

Criteria for Early Discharge of Newborns and Their Mothers


    RESOLVED, That the North Carolina Medical Society's position on discharge of the mother and newborn after birth is based on the premise that optimal care after delivery demands that mother and newborn be treated as a unit, with the focus on the family and medical issues rather than financial considerations. Calculation of length of stay should begin at the infant's birth, not upon the time of the mother's admission in labor. The mother and newborn should not be treated as separate admissions or discharges; and be it further

RESOLVED, That the Society urge all payers to provide coverage for a minimum length of stay of 48 hours after vaginal births and 72 hours after Cesarean births. These minimum length of stay requirements may be waived if:
  1. Early discharge is requested by the mother; and
  2. Post-delivery care of the mother-infant unit can be provided within 48 hours of discharge; and
  3. The minimum criteria for discharge of healthy term newborn infants published by the American Academy of Pediatrics are met, and be it further

RESOLVED, That the Society publish this statement of its position as widely as possible to payers, providers and employers.


(Substitute Resolution 24-1995, adopted 11/12/95)

NURSES

Physician Relationship with Mid-Level Practitioners


    RESOLVED, That the North Carolina Medical Society supports the following guidelines for collaboration between supervising physicians and mid-level practitioners who perform medical acts, tasks, and functions:

  1. Each professional is responsible for meeting practice standards of her/his professional group and regulatory board.
  2. Each professional is responsible for maintaining a working environment in which there is mutual trust and respect, and open, active communication, promoting the optimum contribution of skills and knowledge to the services offered to patients.
  3. A clear understanding of the circumstances which would lead to cross consultation is negotiated and documented among these professionals.
  4. Geographic separation is not a barrier when consultation can be accomplished in a reasonable time frame by telephone or other means of communication.
  5. Professional credentials of each are communicated by signage, name tags, etc.
  6. Practice arrangements include a negotiated method for addressing ongoing quality assurance.
  7. Each professional is aware of limitations of knowledge or skills, and willing to refer for appropriate consultation and care as necessary; and be it further

RESOLVED, That the North Carolina Medical Society supports collaboration between physicians and mid-level practitioners, with the requirement of physician supervision of medical acts, tasks, and functions; and be it further

RESOLVED, That the North Carolina Medical Society supports laws and policies requiring physician supervision of mid-level practitioners who perform medical acts, tasks, and functions.


(Report DD-1996, adopted 11/17/96) (revised as amended, Report H-2003, Item 3 #31, adopted as amended 11/16/03)

Physician Supervision of Nurse Anesthetists


    RESOLVED, That the North Carolina Medical Society supports physician supervision of nurse anesthesia activities that involve prescribing a medical treatment regimen or making a medical diagnosis.


(Report B-1998, adopted 11/15/98) (revised, Report L3-2004, Item 37, adopted 11/14/2004)

School Health Nurses


    RESOLVED, That the North Carolina Medical Society supports:
  1. Sufficient funding to ultimately assure a school nurse: student ratio of at least 1:750.
  2. Rules to require that health care services in schools be provided by or supervised by a health professional that is licensed, certified or otherwise authorized to provide the services in question.
  3. The Division of Maternal and Child Health as the agency responsible for providing expert nursing consultation to school health nurses.


(Report A-1994, adopted as amended 11/6/94) (revised, Report L3-2004, Item 38, adopted 11/14/2004

OCCUPATIONAL HEALTH

Capsaicin "Pepper" Spray


    RESOLVED, That the North Carolina Medical Society supports educational efforts for appropriate law enforcement personnel about the safe use and dangers of capsaicin spray (also known as "OC spray" or "pepper spray") and how to respond should an adverse reaction occur.


(Report N-1997, adopted 11/16/97) (revised, Report L1-2004, Item 47, adopted 11/14/2004)

OPTOMETRY

Optometry Practice


    RESOLVED, That the North Carolina Medical Society opposes inappropriate expansion of the scope of practice of optometrists.


(Resolution 18-1996, adopted as amended 11/17/96) (revised, Report L3-2004, Item 39, adopted 11/14/2004)

ORGAN DONOR PROGRAMS

Organ Donation Awareness


    RESOLVED, That the North Carolina Medical Society endorse the United States Department of Health and Human Services "Workplace Partnership for Life" organ donation awareness program to create awareness of the need for voluntary organ, tissue, bone marrow and blood donations among its staff and members; and be it further

RESOLVED, That the North Carolina Medical Society encourage the AMA to advocate that all levels of the Federation promote organ donation awareness programs; and be it further

RESOLVED, That the North Carolina Medical Society endorse efforts of all businesses, organizations and agencies to join the Health and Human Services "Workplace Partnership for Life" program to create awareness among their employees of the need for voluntary organ, tissue, bone marrow and blood donations; and be it further

RESOLVED, That the North Carolina Medical Society endorse efforts to encourage all North Carolina citizens to consider becoming organ, tissue, bone marrow and blood donors.


(Resolution 2-2002, adopted 11/17/02)

Donation of Human Tissue


    RESOLVED, That the North Carolina Medical Society supports:
  1. The study of transplantation and research, the diffusion of knowledge and an expanded program of public education as to the need, and the legal and medical methodology of making anatomical gifts to medical science.
  2. Efforts to achieve maximal organ procurement and transportation service potential.
  3. Availability of the necessary donation forms and informative literature in physician's offices and hospitals so that the public will be aware of the need for organs and aware of their physician's and hospital's approval of such donations.
  4. The North Carolina Commission on Anatomy and organ procurement agencies in attaining their objectives to secure more donors, retrieve more needed human tissues, organs and bodies to be used by the transplanting surgeons, hospitals and medical schools of the State.
  5. Physician participation in the retrieval of donated organs and tissues and leadership in the development of community resources through hospitals, civic and professional organizations, and committees.


(Report M-1973, adopted 5/22/73) (revised, Report II-1988, Item 25, adopted 5/7/88) (revised, Report MM-1998, Item 30, adopted 11/15/98) (revised, Report L3-2004, Item 40, adopted 11/14/2004)

North Carolina Eye Bank


    RESOLVED, That the North Carolina Medical Society supports the work of the North Carolina Eye Bank.


(Report M-1986, adopted 5/3/86) (revised, Report Y-1996, Item 13, adopted 11/17/96) (revised, Report L1-2004, Item 60, adopted 11/14/2004)

OSTEOPOROSIS

Osteoporosis Education, Prevention and Treatment


    RESOLVED, That the North Carolina Medical Society support state legislation which will provide an osteoporosis education, prevention and treatment program to achieve a reduction in the prevalence of osteoporosis and its costly consequences.


(Resolution 16-1995, adopted as amended 11/12/95)

PAIN MANAGEMENT

Chronic Pain Management


    RESOLVED, That the North Carolina Medical Society supports the development of policies on chronic pain management, such as the North Carolina Medical Board position statement "Management of Chronic Pain," that are patient and physician oriented and include guidelines addressing pain assessment, therapy, consultation with other physician experts, and adequate patient follow up.


(Resolution 27-1996, adopted as amended 11/17/96) (revised, Report L1-2004, Item 11, adopted 11/14/2004)

PATIENT EDUCATION

Breastfeeding


    RESOLVED, That the North Carolina Medical Society urge its membership to take a more active role in patient education, as well as the protection, promotion and support of breastfeeding.


(Resolution 9-2002, adopted as amended 11/17/02)

Patient Education


    RESOLVED, That the North Carolina Medical Society supports incorporating appropriate patient medical education as an integral part of medical services, and that such services should be provided by or under the supervision of a physician and adequately documented in the medical record.


(Resolution 14-1975, adopted 5/3/75) (revised, Report II-1988, Item 27, adopted 5/7/88) (revised, Report MM-1998, Item 23, adopted 11/15/98) (revised, Report L1-2004, Item 48, adopted 11/14/2004)

PEER REVIEW

Hospital Fair Credentialing and Peer Review


    RESOLVED, That the North Carolina Medical Society endorse the following guidelines from the Task Force on Hospital Fair Credentialing and Peer Review and encourage other affected organizations to endorse them as well:
  1. The process of choosing "indicators" or "monitors" of physician performance should be carried out by a quality committee at the medical staff level, rather than at the department or specialty level. The composition of this committee should represent the diversity of the medical staff, including "economic diversity." This diversity requirement should be clearly explained in the medical staff's policies. Oversight of this process should lie with the Medical Executive Committee, which should approve the variance criteria (indicators/monitors) chosen.
  2. Physicians whose cases are chosen for peer review should be notified of this occurrence. They should have an opportunity to provide written input which can be considered by any peer review committee and which becomes part of the peer review file. The physician under review should also be informed of any decisions that may lead to recommendations for individual remedial action or corrective action, and the physician should have an opportunity to respond, in person or in writing, to the underlying quality concerns before the recommendations are implemented.
  3. When data is tracked for trends, threshold criteria should be established for defining where a trend exists that needs further evaluation. This responsibility should lie with a medical staff quality committee. Although the Task Force expressed a preference to conduct peer review based on actual patient outcomes, it recognized that monitoring and evaluating trends was an effective approach to spotting concerns before they lead to poor patient outcomes.
  4. The Task Force recommends that medical staffs use care in labeling certain aspects of their peer review activities. The term "investigation" should be reserved for a formal review of data that is anticipated to lead to corrective action, since this term has implications for reporting to the NPDB (National Practitioner Data Bank). Initial reviews of data should be labeled using other terminology, e.g. "quality review," "focused study," "peer review evaluation," etc. The purpose is to avoid unnecessary or inappropriate reporting to the NPDB, which may harm physicians who have no reportable quality concerns.
  5. The Task Force recognized the important value of External Peer Review (EPR). Where EPR occurs, the Task Force recommends that selection of external peer reviewers occur from among a diverse group of physicians and individuals with no economic relationships to the doctor to be reviewed. The Task Force suggested that potential names of external reviewers be submitted in advance to the physician under review, and he or she have an opportunity to object to any particular individual. Such objections should not rise to the level of veto power, which could obstruct the process. In general, EPR should be reserved for circumstances in which internal review has raised the possibility of a restriction or reduction of privileges or where objectivity of internal peer review may have the appearance of being compromised because of medical staff demographics. A physician under review always has the option to request external peer review prior to a final decision implementing corrective action.
  6. Medical staffs should adopt a mechanism that affords protection to physicians who, acting in good faith and the best interest of quality of care concerns, report concerns to the peer review committee, under the protection of a medical staff policy.
  7. Fair Hearing panels should be selected with good faith effort where practical to include representation similar to that of the physician under review (i.e. with regard to race, gender, ethnicity, training, etc.) Physicians under review should have an opportunity to voice good faith objections to inclusion of any members of a Fair Hearing panel. Such objections should not rise to the level of veto power, which would obstruct the process.
  8. Medical staffs should be informed about the uses of mediation and arbitration in resolving disputes around credentials and privileges.
  9. The North Carolina Medical Society and North Carolina Hospital Association should facilitate educational programs to help assure that members of hospital boards, Medical Executive Committee, Credentials Committees, and quality committees are knowledgeable about proper practices regarding peer review, performance improvement and appropriate credentialing and privileging. To maximize availability, a variety of tools may be used to promote this education (e.g. video tapes, Internet tools, retreats, grand rounds, computer education tools, continuing medical education, etc.) The Task Force recommends consideration of orientation programs for new physician leaders.
  10. Approaches should be developed to promote the sharing of successful practices that exist in member hospitals and medical staffs with regard to peer review/performance improvement activities.


(Report G-2002, adopted as amended 11/17/02)

Preventing Conflict of Interest in Medical Society Peer Review Committees


    RESOLVED, That physicians should not participate in the peer review of any case in which they have been consultants, or have received or are eligible to receive remuneration from a third party payor; and be it further

RESOLVED, That physicians should disqualify themselves from peer review in any case in which one or more of the following circumstances are present: and be it further

RESOLVED, That this policy shall apply to all North Carolina Medical Society committees that conduct peer review activities of any kind.


(Report D-1972, adopted 5/23/72) (revised, Report II-1988, Item 31, adopted 5/7/88) (revised, Report MM-1998, Item 4, adopted 11/15/98)

PERINATAL REIMBURSEMENT PROGRAM

Perinatal Care Support


    RESOLVED, That the North Carolina Medical Society supports adequate funding for perinatal health care.


(Report N-1986, adopted 5/3/86) (revised, Report Y-1996, Item 29, adopted 11/17/96) (revised, Report L1-2004, Item 61, adopted 11/14/2004)

PHYSICAL EXAMINATIONS

Support of Periodic Physical Examinations


    RESOLVED, That the North Carolina Medical Society supports periodic physical examinations for all individuals and that the frequency of such examinations should be decided by the personal physician in consultation with the patient.


(Report S-1984, Item 9, adopted 5/5/84) (reaffirmed, Report CC-1994, Item 14, adopted 11/6/94) (revised, Report L1-2004, Item 68, adopted 11/14/2004)

Physical Examinations Required of Teachers and School Personnel


    RESOLVED, That the NCMS supports pre-employment physical examinations for teachers and other personnel at the time of their initial employment in a particular school system; and be it further

RESOLVED, That the North Carolina Medical Society supports requiring annual screening for tuberculosis for teachers in North Carolina.


(Report S-1984, Item 9, adopted 5/5/1984)
(reaffirmed, Report CC-1994, Item 14, adopted 11/6/1994)
(revised, Report L1-2004, Item 69, adopted 11/14/2004)

PHYSICIAN HEALTH

Physician Health and Wellness


    RESOLVED, That the North Carolina Medical Society encourage physicians to pay more attention to their personal health, including wellness issues.


(Report O-1992, adopted 11/8/92) (revised Report H-2002, adopted 11/17/02)

Educating Medical Students about the North Carolina Physicians Health Program


    RESOLVED, That the North Carolina Medical Society supports programs by the North Carolina Physician Health Program to educate the medical students about the NC Physicians Health Program.


(Report K-1994, adopted 11/6/94) (revised, Report L1-2004, Item 70, adopted 11/14/2004)

PHYSICIAN REIMBURSEMENT

Harnessing Market Forces in Medical Pricing


    RESOLVED, That the North Carolina Medical Society endorse the following principles for incorporation in any public or private insurance proposal for physician payment:
  1. A Resource Based Relative Value Scale that is regularly updated and rigorously validated should form the basis for all physician fee schedules.
  2. Government programs and private insurers may establish fee schedules based upon a dollar conversion factor but physicians should not be required to accept this as payment in full unless they have freely entered into a contract to do so.
  3. Physicians should be free to set their own fees based upon a conversion factor determined solely by the physicians’ assessment of their overhead costs and the value of their services in the marketplace.
  4. The conversion factors of payors and physicians should be widely published and distributed so that consumers can choose physicians based upon economic factors and the perceived quality of a physician’s services.


(Substitute Resolution 1-1992, adopted 11/8/92) (revised, Report H-2002, adopted 11/17/02)

Reimbursement Policy for Visits and Procedures on Same Day


    RESOLVED, That the North Carolina Medical Society support appropriate mechanisms to require payors to reimburse physicians for appropriate multiple services performed on the same day.


(Substitute Report Q-1991, adopted 11/9/91) (revised, Report U-2001, Item 37, adopted 11/11/01)

Primary Attending Physicians and Consultants


    RESOLVED, That the North Carolina Medical Society supports the following principles:

  1. The primary attending physician admits, attends, and discharges the patient. The primary attending physician remains the primary physician until or unless care is transferred to another physician and this transfer is documented by a written order on the chart.
  2. All physicians providing and documenting necessary and reasonable medical services should be appropriately compensated.
  3. Complex or unusual problems within the scope of such medical services may entitle the consultant to additional and/or unusual payment.


(Report I-1971, adopted 5/18/71) (reaffirmed, Report II-1988, Item 33, adopted 5/7/88) (revised, Report MM-1998, Item 35, adopted 11/15/98) (revised, Report L2-2004, Item 22, adopted 11/14/2004)

Reimbursement for Cardiac Physical Rehabilitation


    RESOLVED, That the North Carolina Medical Society endorse the concept of cardiac physical rehabilitation in post myocardial infarction and post cardiac surgery and strongly urge reimbursement under all health benefit plans.


(Report K-1986, adopted 5/3/86) (revised, Report Y-1996, Item 14, adopted 11/17/96)

Fee-for-Service Payment


    RESOLVED, That the North Carolina Medical Society supports preservation of fee-for-service as an appropriate payment method.


(Resolution 23-1986, adopted 5/3/86) (revised, Report Y-1996, Item 27, adopted 11/17/96) (revised, Report L2-2004, Item 21, adopted 11/14/2004)

Administrative and Professional Services


    RESOLVED, That the North Carolina Medical Society supports charging patients for services that typically are not reimbursed by third party payors, provided that the following conditions are met:

  1. There are no third party payor or other applicable contractual prohibitions on billing the individual patient for such services;
  2. The practice has a clear policy outlining what services will be billed to the patient and how much;
  3. The patient is notified in writing of the practice's policy, either at the initial visit or at the first visit after the policy is adopted by the practice; updated versions of the policy are provided as necessary; and
  4. The amount charged is reasonable under the circumstances and is limited to costs incurred by the practice in performing the service.
Examples of services that typically are not reimbursed by third party payors include, but are not limited to: copying medical records; filling out lengthy insurance and other forms; telephone, email, and telemedicine consultations and prescription refills; and be it further

RESOLVED, That the North Carolina Medical Society supports waiving charges to patients for services that typically are not reimbursed by third party payors if such charges would impede access to care; and be it further

RESOLVED, That the North Carolina Medical Society supports third party reimbursement for services that are not reimbursed by third party payors such as telephone, email, and telemedicine consultations and prescription refills.



(Report D - 2004, adopted 11/14/2004)

PHYSICIAN-PATIENT RELATIONSHIP

Physicians' Roles as Patient Advocates


    RESOLVED, That the North Carolina Medical Society opposes any measure, from government or the private sector, that compromises the physician's role as patient advocate.


(Resolution 26-1998, adopted 11/15/98) (revised, Report L3-2004, Item 41, adopted 11/14/2004)

North Carolina Medical Board Statement on Physician-Patient Relationship


    RESOLVED, That the position of the North Carolina Medical Board entitled, "The Physician-Patient Relationship, the Physician, and the North Carolina Medical Board", which was adopted by the North Carolina Medical Board in July 1996, be endorsed by the North Carolina Medical Society.


(Resolution 11-1995, adopted 11/12/95)

Physician-Patient Relationship and Cost Containment Efforts


    RESOLVED, That the North Carolina Medical Society supports every effort to reduce the cost of medical care in every way practical and possible without impairing the quality of care received.


(Resolution 15-1984, adopted 5/5/84) (revised, Report CC-1994, Item 25, adopted 11/6/94) (revised, Report L3-2004, Item 42, adopted 11/14/2004)

PHYSICIANS, JOINT NEGOTIATIONS

Physicians and Joint Negotiations


    RESOLVED, That the following action plan be adopted:Given North Carolina's historical antipathy toward unionization, the Executive Council suggests a cautious approach. Over the next year, the public response to Physicians for Responsible Negotiations (PRN) and implementation lessons learned in other states should be monitored. Also during this time, North Carolina physicians should be educated about PRN, and feedback should be collected to get a sense of the overall level of support.

A Report detailing the findings of PRN's actions and physician feedback should be presented to 2001 House of Delegates along with a recommendation to support or not support PRN activity in NC. If the Executive Council finds that a reasonable percentage of member physicians and residents are amenable to PRN, a PRN representative should be available during the November 2001 Annual Meeting to address members of the HOD before a vote is taken on the Report; and be it further

RESOLVED, That for self-employed physicians, NCMS efforts should be directed toward assisting the AMA pass the Quality Health-Care Coalition Act of 1999, rather than channeling resources in pursuit of traditional methods of unionization or assailable state action.


(Report H-2000, adopted 11/12/00)

POLITICAL ACTION

Political Action by Physicians


    RESOLVED,That the North Carolina Medical Society supports the active personal and financial involvement of all physicians in the political process for the purpose of promoting responsible health policy decisions.


(Resolution 4 - 2004, adopted 11/14/2004)

POSTOPERATIVE CARE

Postoperative Patient Care by Persons Not Licensed to Practice Medicine in North Carolina


    RESOLVED, That the North Carolina Medical Society support the position that the postoperative care of patients constitutes the practice of medicine; and be it further

RESOLVED, That the North Carolina Medical Society encourage its membership to provide postoperative care in accordance with the ethics of the medical profession; and be it further

RESOLVED, That the North Carolina Medical Society encourage its membership to report to the North Carolina Medical Board any violations of the standards of the practice of medicine.


(Resolution 8-1986, adopted 5/3/86) (revised, Report Q-2000, Item 52, adopted 11/12/00)

Postoperative Care by Physicians


    RESOLVED, that the North Carolina Medical Society supports the North Carolina Medical Board position statement "Care of Surgical Patients" as amended in March 2001.


(Report K-1988, adopted as amended 5/7/88) (reaffirmed, Report MM-1998, Item 50, adopted 11/15/98) (revised, Report L1-2004, Item 12, adopted 11/14/2004)

PRACTICE PATTERN VARIATION

Data Collection and Dissemination


    RESOLVED, That the North Carolina Medical Society supports data collection and dissemination for the purpose of education of physicians, of providers, and in selected circumstances, patients. Such support shall incorporate the following principles: (1) protection of privacy and confidentiality, (2) appropriate consent obtained for the process, (3) careful attention to data collection and analysis methodologies in order to avoid misinterpretation and to insure fairness, and (4) due process to allow physicians reasonable opportunity to review their own data in relationship to the standard against which they are being compared.


(Report M-1987, adopted 5/2/87) (amended, Report OO-1997, Item 32, adopted 11/16/97) (revised, Report L2-2004, Item 30, adopted 11/14/2004)

PREADMISSION

Elimination of Preadmission Screening and Annual Resident Review (PASARR) for NC Nursing Facilities


    RESOLVED, That the North Carolina Medical Society petition the N.C. Department of Health and Human Services to eliminate the Preadmission Screening and Annual Resident Review (PASARR) procedures; and be it further

RESOLVED, That the North Carolina Medical Society appeal to the AMA for elimination of the federal government's PASARR requirements.


(Report V-1994, adopted 11/6/94)

PREMARITAL EXAMS

Mandatory Premarital Examinations


    RESOLVED, That the North Carolina Medical Society supports premarital counseling and physical examinations, but opposes any statutory requirement for such premarital examinations.


(Resolution 12-1984, adopted 5/5/84) (revised, Report CC-1994, Item 23, adopted as amended 11/6/94) (revised, Report L3-2004, Item 43, adopted 11/14/2004)

PRESCRIPTION DRUGS

Antibiotic Availability Over-the-Counter


    RESOLVED, That the North Carolina Medical Society study the problem of the illegal sale of antibiotics over-the-counter in our state, including a review of applicable laws and impediments to the enforcement of those laws; and be it further

RESOLVED, That the North Carolina Medical Society request that the North Carolina Medical Board investigate the illegal sale of antibiotics over-the-counter for possible violations of the Medical Practice Act.


(Resolution 16-2002, adopted as amended 11/17/02)

Prescription Privileges


    RESOLVED, That the North Carolina Medical Society advocate that the prescription of medications for the treatment of mental illnesses be limited to allopathic physicians, osteopathic physicians, physician assistants, and nurse practitioners that are licensed by the North Carolina Medical Board or approved by the joint subcommittees of the North Carolina Medical Board and the North Carolina Nursing Board.


(Substitute Resolution 17-2002, adopted 11/17/02)

Competitive Products in the Same Medication Packaging


    RESOLVED, That the North Carolina Medical Society oppose as unethical the practice of including information about competitive products in the retail packaging of a prescription drug; and be it further

RESOLVED, That the North Carolina Medical Society inform the North Carolina Board of Pharmacy of its concerns related to pharmacists providing information about competitive products in the retail packaging of a prescription drug.


(Substitute Resolution 19-2002, adopted 11/17/02)

Prior Authorizations for Medications


    RESOLVED, That the North Carolina Medical Society evaluate and recommend alternatives to prior authorization programs which have a detrimental effect on the health of patients; and be it further

RESOLVED, That the North Carolina Medical Society support legislation that prohibits prior authorization programs for prescription drugs that unduly restrict a patients' timely access to those prescribed drugs.


(Resolution 12-2001, adopted as amended 11/11/01)

Overly Restrictive Prescription Plans


    RESOLVED, That the North Carolina Medical Society urge the North Carolina General Assembly to pass laws that would mandate that insurance companies, managed care organizations, pharmacy benefit management plans and utilization review organizations describe pharmaceutical or drug plans in insurance policies or contracts in language understandable to the average layperson including:


RESOLVED, That the North Carolina Medical Society study the following:

  1. Compliance with current North Carolina General Statutes regarding pharmacy formularies and their effectiveness. This should include statutes permitting payors to develop closed prescription drug formularies, which are structured by pharmacy therapeutics committees.
  2. The current structure and operation of North Carolina pharmacy formularies.
  3. The impact of pharmacy formularies on the overall cost of medical care in North Carolina.
  4. The impact of pharmacy formularies on off-label use of drugs and the possibility of prohibiting such use.
  5. The administrative impact of formularies on physician’s practice and technological solutions to reducing that administrative burden.
  6. Other patient care issues.


(Report J-2000, adopted 11/12/00)

Prescribing of Drugs by Non-Qualified Healthcare Providers


    RESOLVED, That the North Carolina Medical Society oppose granting the privilege of prescribing drugs to any healthcare provider who does not have the appropriate background, education, and training.


(Report D-1990, adopted 11/10/90) (reaffirmed, Report Q-2000, Item 8, adopted 11/12/00)

Pharmaceuticals Over the Internet and Telephone Sites Prescribing and Dispensing


    RESOLVED, That the North Carolina Medical Society support the North Carolina Medical Board's position that prescribing drugs to individuals the physician has never met based solely on answers to a set of questions, as is common in Internet or toll-free telephone prescribing, is inappropriate and unprofessional; and be it further

RESOLVED, That the North Carolina Medical Society provide a link on its web site to the North Carolina Medical Board position statement on contact with patients before prescribing drugs.


(Substitute Resolution 18-2000, adopted 11/12/00)

Stop Illegal Diversion of Prescription Drugs


    RESOLVED, That the North Carolina Medical Society support legislation to stop illegal diversion of prescription drugs in an efficient and cost-effective manner that will not impede the appropriate prescribing of pain killing and other prescription drugs and that will ensure the full protection of patients' interests preserving the confidentiality of sensitive medical information.


(Report J-1999, adopted 11/14/99)

Drug Substitution


    RESOLVED, That the North Carolina Medical Society oppose blanket substitution authorization by physicians to pharmacists, and encourage dialogue between pharmacists and physicians regarding choice of brands as a cost effective measure; and be it further

RESOLVED, That the North Carolina Medical Society oppose any legislation requiring or allowing generic drug substitution, without prior consent of the prescribing physicians.


(Report F-1979, adopted 5/5/79) (revised, Report II-1989, Item 15, adopted 11/11/89) (revised, Report L-1999, Item 31, adopted 11/14/99)

Online Prescribing


    RESOLVED, That the North Carolina Medical Society support the development of policy or regulations by the North Carolina Medical Board to require the establishment of a physician-patient relationship before prescribing medication online.


(Substitute Resolution 25-1999, adopted 11/14/99)

Dispensing of Drugs from Physician's Office


    RESOLVED, That sweeping federal legislation to regulate physician dispensing of drugs is unnecessary and would constitute an inappropriate intrusion into an area properly subject to state regulation; and be it further

RESOLVED, That if legislation on physician drug dispensing is introduced in the North Carolina General Assembly, the North Carolina Medical Society support measures that intrude the least into the physician-patient relationship and allow the needs of the patient to be the determining factor; and be it further

RESOLVED, That it is appropriate for the physicians of North Carolina to dispense drugs whenever patient care factors deem it appropriate and that no regulations or laws should infringe upon that right, and any physician dispensing therapies should be held to the same high standards as other health professionals so privileged; and be it further

RESOLVED, That the physicians of North Carolina who do dispense drugs from their offices conform to the packaging and labeling requirements of the FDA and the U. S. Pharmacopeia.


(Report AA-1987, adopted 5/2/87) (reaffirmed, Report OO-1997, Item 30, adopted 11/16/97)

Therapeutic Drug Substitution


    RESOLVED, That the North Carolina Medical Society opposes any law or directive that allows therapeutic drug substitution except in an institutional setting in which a pharmacy and therapeutics committee oversee the process.


(Report BB-1987, adopted 5/2/87) (amended, Report OO-1997, Item 31, adopted 11/16/97) (revised, Report L3-2004, Item 44, adopted 11/14/2004)

Mandatory Restrictive Drug Formularies


    RESOLVED, That the North Carolina Medical Society opposes the use of mandatory restrictive drug formularies by health care plans and systems; and be it further

RESOLVED, That the North Carolina Medical Society supports efforts to eliminate the inappropriate mandatory use of restrictive drug formularies; and be it further

RESOLVED, That the North Carolina Medical Society opposes the use of mandatory restrictive drug formularies unless supported by scientific evidence.


(Resolution 28-1997, adopted as amended 11/16/97) (revised, Report L2-2004, Item 23, adopted 11/14/2004)

Prescription Opioids


    RESOLVED, That the North Carolina Medical Society supports efforts to raise awareness of prescription opioid abuse by patients, especially young adults.


(Resolution 10 - 2004, adopted 11/14/2004)

Privacy of Physician Prescribing Data


    RESOLVED, That the North Carolina Medical Society opposes the sale or distribution of individual physician prescribing data to any entity, except as required by law; and be it further

RESOLVED, That the North Carolina Medical Society supports state and federal efforts to prohibit the pharmacies or other entities from selling or distributing individual physician prescribing data to any entity, except as required by law, without the express written consent of the prescribing physician.


(Substitute Resolution 19 - 2004, adopted 11/14/2004)

PRIMARY CARE

Primary Care Manpower


    RESOLVED, That the North Carolina Medical Society:

  1. Support the need for and the role of the primary care physician in improving access to preventive and primary care, by supporting adequate compensation, adequate education and reduction of administrative burden.
  2. Continue the partnership with the deans of the four medical schools and the state Area Health Education Centers director in support of a medical educational system that will help insure an adequate future supply of primary care physicians (generalists). This would include proposals to address admissions policies; financial incentives; expansion of training programs in primary care; focused activities that expose students to primary care specialties early in their medical school careers; and the development of a positive environment for primary care training.
  3. Support North Carolina Area Health Education Centers programs aimed at the education of medical students and residents in community-based practice sites. Provide attractive education models of primary care practice in underserved areas.
  4. Support and enhance the existing physician incentive programs [loan repayment etc.], administered by the NC Office of Research, Demonstrations, and Rural Health Development and the North Carolina Medical Society Foundation Community Practitioner Program, to increase the placement of primary care physicians in underserved areas of North Carolina.
  5. To safeguard the availability of practice sites in underserved areas, support increased funding for operational and capital grants available to rural health centers through the Office of Research, Demonstrations, and Rural Health Development.
  6. Re-institute the resident stipend program for those residents pursuing a rural residency track.
  7. Support Small Rural Hospital initiatives as developed by the North Carolina Hospital Association and the Office of Research, Demonstrations, and Rural Health Development to the extent the initiatives are compatible with North Carolina Medical Society policies and goals.
  8. Support stiffer repayment penalties and state enforcement of loan repayment contracts. A recipient who enters a subspecialty practice in violation of his/her contract should have his/her loan terminated and be assessed interest on the unpaid balance at substantial rates.
  9. Stimulate interest in primary care and support a premedical sciences preparation program at the high school level aimed primarily at minority students.
  10. Support the movement for payment reforms at the federal level which will increase payment to primary care physicians to levels necessary to assure that financial concerns do not dissuade students from careers in primary care.


(Substitute Report UU-1992, adopted as amended 11/8/92) (revised Report H-2002, adopted 11/17/02)

PRISONERS MEDICAL CARE

Proper Care of Psychiatric Patients


    RESOLVED, That the North Carolina Medical Society support cooperation between the North Carolina Department of Corrections, the North Carolina Parole Commission and the North Carolina Division of Mental Health, Development Disabilities and Substance Abuse Services to:
  1. Provide proper medical and psychiatric care to prisoners suffering from a psychiatric illness while incarcerated.
  2. Arrange for proper follow-up care of former prisoners upon their release from prison, and
  3. Provide follow-up care for mentally ill offenders upon return to the community.


(Report E-1982, adopted 5/7/82) (reaffirmed, Report JJ-1992, Item 2, adopted 11/8/92) (revised, Report H-2002, adopted 11/17/02)

Medical Care of Prisoners


    RESOLVED, That the North Carolina Medical Society and its component societies support authroities in developing a plan for medical care of prisoners in local confinement facilities and obtaining the services of a licensed physicians specifically responsible for medical services for prisoners required by law under GS 130-97 and GS 130-121, with physicians providing these services being compensated fairly.


(Report S-1971, adopted 5/18/71) (revised, Report II-1988, Item 35, adopted 5/7/88) (revised, Report MM-1998, Item 7, adopted 11/15/98) (revised, Report L1-2004, Item 66, adopted 11/14/2004)

PROFESSIONAL COURTESY

Professional Courtesy


    RESOLVED, That the North Carolina Medical Society supports the right of physicians to offer professional courtesy to medical colleagues and their families and opposes efforts to restrict that right.


(Resolution 31-1998, adopted as amended 11/15/98) (revised, Report L3-2004, Item 47, adopted 11/14/2004)

PROFESSIONAL LIABILITY

Medical Liability Reform


    RESOLVED, That the North Carolina Medical Society supports improving the integrity and fairness of the medical liability system as a long term priority of its lobbying program.


(Substitute Resolution 6-1993, adopted 11/7/93) (revised, Report H-2003, Item 3 #22, adopted as amended 11/16/03)

Professional Liability Task Force Report


    RESOLVED,
  1. That the North Carolina Medical Society seek legislation to assure patients are fully compensated for real damages and to cap non-economic damages in medical malpractice actions.
  2. That the North Carolina Medical Society seek legislation to require that plaintiffs accept periodic payments of judgments in medical malpractice cases so that resources will be available throughout the injured patient's lifetime.
  3. That the North Carolina Medical Society seek legislation to limit attorney contingency fees in medical malpractice cases in order to ensure that injured parties receive adequate compensation and to eliminate excessive fees that serve as an incentive for the filing of frivolous cases.
  4. That the North Carolina Medical Society continue the work of the Professional Liability Task Force in a manner determined by the Board of Directors.


(Report I-2002, adopted as amended 11/17/02)

Equitable Risk Classification in Medical Liability Premiums


    RESOLVED, That the North Carolina Medical Society support the concept that premium schedules for medical liability insurance should be based on the actual cost and risk of providing that insurance to each individual group or category.


(Resolution 14-1980, adopted 5/3/80) (reaffirmed, Report M-1990, Item 4, adopted 11/10/90) (reaffirmed, Report Q-2000, Item 1, adopted 11/12/00)

Limited Immunity for Indigent Care


    RESOLVED, That the North Carolina Medical Society support immunity to physicians rendering care for no compensation under the following circumstances: providing medical services at community health centers, local health departments, mental health clinics, free medical clinics, health fairs; or responding to immediately life-threatening situations involving hospitalized patients of other physicians.


(Substitute Resolution 13-1990, adopted as amended 11/10/90) (revised, Report Q-2000, Item 53, adopted 11/12/00)

Mediation of Medical Malpractice Claims


    RESOLVED, That the North Carolina Medical Society support mandatory pre-litigation review of medical malpractice claims by clinically qualified medical experts; and be it further

RESOLVED, That the North Carolina Medical Society support mediation programs that include medical malpractice claims to the extent such programs reduce the filing of non-meritorious medical malpractice claims, reduce the volume of litigation, and increase the portion of any settlement payment received by the patient; and be it further

RESOLVED, That the North Carolina Medical Society examine the North Carolina mediation program and support the changes necessary to accomplish the objectives of efficiency and cost containment; and be it further

RESOLVED, That the North Carolina Medical Society bring this resolution to the AMA House of Delegates for adoption at the next Annual Meeting of the AMA.


(Report W-1999, adopted 11/14/99)

Medical Liability Reform


    RESOLVED, That the North Carolina Medical Society supports a cap on civil non-economic damages in medical liability actions; and be it further

RESOLVED, That the North Carolina Medical Society supports efforts to reform the collateral source evidence rule so that juries are informed of collateral sources of compensation provided to the plaintiff for the losses in question; and be it further

RESOLVED, That the North Carolina Medical Society supports merit selection of judges, outside the context of tort reform, to reform the judicial selection process in North Carolina in a way that reduces or eliminates the political pressure on judges, and allows judges to be selected based on objective quality criteria; and be it further

RESOLVED, That the North Carolina Medical Society supports the confidentiality of peer review activities and documents, particularly addressing the effects of Virmani v. Presbyterian Health Services Corp; and be it further

RESOLVED, That the North Carolina Medical Society supports calculation of the statutory interest rate on judgments from the date of the final judgment, rather than the date the action is filed; and be it further

RESOLVED, That the North Carolina Medical Society supports modification of the requirement that physician defendants secure a bond for the full amount of a judgment prior to appeal so there is a reasonable correlation between the amount of the bond and the physician's net worth; and be it further

RESOLVED, That the North Carolina Medical Society supports permitting defendants to opt for periodic payments of judgments in medical liability cases; and be it further

RESOLVED, That the North Carolina Medical Society supports modification of the statute governing the use of expert witnesses in medical liability actions to assure that the defense can learn the identity and qualifications of the expert who conducts the pre-filing review of the record to determine the case has merit; and be it further

RESOLVED, That the North Carolina Medical Society supports shortening the statute of limitations that applies to minors who have a cause of action for medical liability; and be it further

RESOLVED, That the North Carolina Medical Society supports modifying North Carolina Rule of Civil Procedure 41(a) to prevent a plaintiff from unilaterally dismissing their case without court order and without prejudice any time after the filing of the first responsive pleading; and be it further

RESOLVED, That the North Carolina Medical Society supports making statements, writings or benevolent gestures expressing sympathy or a general sense of benevolence relating to pain, suffering or death of a person involved in an accident inadmissible as evidence of an admission of liability in a civil action; and be it further

RESOLVED, That the North Carolina Medical Society supports the efforts of its members in political education and action committee activities related to medical liability reform and provide operational advice and assistance regarding these activities.


(Report W-1998, adopted 11/15/98) (revised, Report L3-2004, Item 48, adopted 11/14/2004)

Good Samaritan Law Immunity


    RESOLVED, That the North Carolina Medical Society supports Good Samaritan immunity for physicians who serve voluntarily and without compensation to care for indigent, uninsured and underinsured patients, regardless of the setting or source of referral; and be it further

RESOLVED, That the North Carolina Medical Society supports Good Samaritan immunity for physicians serving voluntarily and without compensation as medical directors for emergency medical services (EMS) agencies; and be it further

RESOLVED, That the North Carolina Medical Society supports Good Samaritan immunity for physicians serving voluntarily and without compensation at athletic events.


(Report JJ-1998, adopted 11/15/98) (revised, Report L3-2004, Item 45, adopted 11/14/2004)

Access to Liability Insurance Coverage


    RESOLVED, That the North Carolina Medical Society supports medical malpractice immunity for physicians serving as nursing home medical directors except where allegations involve a patient under their direct care, or where allegations involve willful or intentional misconduct, recklessness, or gross negligence in the performance of their medical director responsibilities.


(Report E-2004, adopted 11/14/2004)

PROFESSIONAL REVIEW ORGANIZATIONS

Certified Notification by Professional Review Organizations


    RESOLVED, That all Professional Review Organizations' notifications which require a response within a specified time period be delivered by certified mail/restricted delivery only and that the time period be started on receipt of the notification.


(Resolution 7-1992, adopted 11/8/92)

PROTECTIVE EQUIPMENT

Horseback Riding Safety


    RESOLVED, That the North Carolina Medical Society supports horseback riding educational programs for parents, riding instructors, show organizers, and managers outlining the risks in horseback riding and methods to minimize them; and be it further

RESOLVED, That the North Carolina Medical Society supports universal use of satisfactory headgear for all horseback riding activities.


(Report H-1983, adopted 5/7/83) (reaffirmed, Report FF-1993, Item 16, adopted 11/7/93) (revised, Report H-2003, Item 3 #8, adopted as amended 11/16/03)

Bicycle Safety


    RESOLVED, That the North Carolina Medical Society promote bicycle safety and communicate to the public the need to wear proper helmets when participating in all bicycling activities.


(Report R-1989, adopted 11/11/89) (reaffirmed, Report L-1999, Item 21, adopted 11/14/99)

Skateboards and In-Line Skates


    RESOLVED, That the North Carolina Medical Society supports the use of proper helmets and pads by persons using skateboards and in-line skates.


(Report O-1989, adopted 11/11/89) (revised, Report L-1999, Item 23, adopted 11/14/99) (revised, Report L1-2004, Item 67, adopted 11/14/2004)

PUBLIC HEALTH

Qualifications for State Health Directors and Director, NC Division of Mental Health, Developmental Disabilities and Substance Abuse


    RESOLVED, That the North Carolina Medical Society recommend that the qualifications for State Health Director and Director of the NC Division of Mental Health, Developmental Disabilities and Substance Abuse include a doctoral degree in medicine, public health training or experience, as well as preparation, both academic or experiential, adequate for the management of a large and complex Health Agency.


(Resolution 5-1991, adopted 11/9/91) (revised, Report U-2001, Item 38, adopted 11/11/01)

Formation of Liaison Committee Between Local Medical Societies and Local Health Departments


    RESOLVED, That the North Carolina Medical Society:
  1. Urge federal, state and local governments to study public health and preventive services, and urge the allocation of necessary resources to maintain these services at a high level of quality.
  2. Encourage local medical societies to establish liaison committees through which physicians in private practice and officials in local health departments can explore issues and mutual concerns involving public health activities and private practice.
  3. Seek increased dialogue, interchange, and cooperation among state organizations representing public health professionals and those representing physicians in private practice or academic medicine.
  4. Support increased attention to public health issues in its programs in medical science and education.
  5. Encourage state and local public health agencies to focus on assessment of health problems, to develop policies to address those problems and to assure that conditions are present in communities to maximize the health status of its citizens.
  6. Support the recommendation of the American Medical Association that the State Health Director be a qualified public health trained Doctor of Medicine or Doctor of Osteopathy (MD/DO).


(Resolution 6-1981, adopted 5/9/81) (amended, Report KK-1991, Item 7, adopted 11/9/91) (revised, Report U-2001, Item 39, adopted 11/11/01)

Response to Biological, Chemical and Radiation Attack


    RESOLVED, That the North Carolina Medical Society support the development and testing of technologies and protocols for the rapid detection of and response to biological, chemical, and radiation attacks, and in particular support public funding for the local public health infrastructure which is critical to support these goals; and be it further

RESOLVED, That to reduce the impacts of biological, chemical and radiation attacks, the North Carolina Medical Society commends and supports the role of North Carolina Health Care Information and Communications Alliance (NCHICA), under whose existing auspices healthcare providers, public health departments, hospitals, healthcare systems, universities, biotechnology companies and appropriate local, state and federal government agencies can cooperate quickly and effectively.


(Resolution 32-2001, adopted as amended 11/11/01)

Local Medical Society/Local Health Department Relationships


    RESOLVED, That the North Carolina Medical Society strongly support systematic, ongoing collaboration between its component local medical societies and their local health departments.


(Resolutions 2, 7, 17-1980, adopted 5/3/80) (revised, Report M-1990, Item 5, adopted 11/10/90) (revised, Report Q-2000, Item 47, adopted 11/12/00)

Healthy People 2010


    RESOLVED, That the North Carolina Medical Society endorse and promote the Healthy People 2010 Initiatives.



(Resolution 5-2000, adopted 11/12/00)

Hearing Screening Programs


    RESOLVED, That the North Carolina Medical Society support adequate funding of hearing screening programs in North Carolina.


(Resolution 7-2000), adopted 11/12/2000)

"Bone and Joint Decade" Endorsement


    RESOLVED, That the North Carolina Medical Society endorse the years 2001-2010 as the "Bone and Joint Decade;" and be it further

RESOLVED, That the North Carolina Medical Society disseminate information regarding bone and joint decade initiatives encouraging all county constituencies to urge the President of the United States to sign the bone and joint declaration.


(Resolution 9-2000, adopted 11/12/00)

Support Expansion of Data Gathering Activities by the North Carolina Behavioral Risk Factor Surveillance System


    RESOLVED, That the North Carolina Medical Society support legislation to provide sufficient funding to enable the NC Behavioral Risk Factor Surveillance System (BRFSS) to expand its data gathering capabilities by:

  1. Increasing the number of interviews conducted by the program’s staff;
  2. Increasing the number of North Carolina-specific issues addressed in the program questionnaire; and
  3. Obtaining the additional information needed to permit the program staff to compare North Carolina data by region or county.


(Report D-1999, adopted 11/14/99)

Program to Help Physicians Incorporate Prevention Into Their Daily Patient Encounters


    RESOLVED, That the North Carolina Medical Society, through the Prevention and Public Health Committee, develop a voluntary, self-assessment program to help physicians determine how well their practices are incorporating prevention into their daily patient encounters; and be it further

RESOLVED, That the North Carolina Medical Society develop and implement a means, such as a certificate of merit issued by the NCMS, to publicly recognize medical practices that have attained a specific level of success in their prevention efforts.


(Report E-1999, adopted 11/14/99)

Health and Fitness Programs


    RESOLVED, That the North Carolina Medical Society supports the efforts of private and public programs aimed at improving the health and fitness of North Carolinians, including NC Heart Disease and Stroke Prevention Task Force, the Healthy North Carolinian Program, NC Prevention Partners, Be Active North Carolina, Inc., the Governor's Council on Physical Fitness and Health, and the Senior Games.


(Report II-1997, adopted as amended 11/16/97) (revised, Report L1-2004, Item 49, adopted 11/14/2004)

Sentinel Event Notification System for Occupational Risks Program (SENSOR)


    RESOLVED, That the North Carolina Medical Society supports adequate state funding to enable the Sentinel Event Notification System for Occupational Risks Program (SENSOR) to fully meet its statutory mandate to collect information on all serious and preventable occupational injuries, diseases and illnesses designated by the Health Services Commission to be reportable.


(Report N-1996, adopted 11/17/96) (revised, Report L1-2004, Item 71, adopted 11/14/2004)

Behavioral Risk Factor Surveillance System (BRFSS)


    RESOLVED, That the North Carolina Medical Society supports adequate state funding of the Behavioral Risk Factor Surveillance System (BRFSS) in the Office of Epidemiology, Division of Health Promotion, to enable the program to fully collect, analyze and disseminate modifiable risk factor information for and about North Carolina and its communities.


(Report R-1996, adopted 11/17/96) (revised, Report L3-2004, Item 69, adopted 11/14/2004)

Health Promotion and Disease Prevention


    RESOLVED, That the North Carolina Medical Society supports policies and
allocation of state dollars in order to:
  1. Extend health promotion/disease prevention programs to all, especially older adults and vulnerable populations, to improve overall well-being, prevent health problems, reduce health care costs, and help people cope with chronic conditions;
  2. Shift the emphasis of our health system from illness care toward health management and prevention for people of all ages, particularly older adults, high-risk individuals, and underserved populations;
  3. Make available and affordable preventive health measures, early detection methods, and screenings; and
  4. Promote health, nutrition, physical activity, and cessation of tobacco use.


(Resolution 35-1996, adopted 11/17/96) (revised, Report L1-2004, Item 62, adopted 11/14/2004)

Support of Local Boards of Health


    RESOLVED, That the North Carolina Medical Society lobby all levels of government for support in opposing legislation that would allow the elimination of boards of health on a county by county basis; and be it further

RESOLVED, That the North Carolina Medical Society actively seek support for this position through its legislative staff and officers.


(Report T-1995, adopted 11/12/95)

Local Health Directors


    RESOLVED, That the North Carolina Medical Society supports minimum qualifications for employment as a local health director in North Carolina to include graduate level preparation and experience in public health administration or a related field.


(Report N-1985, adopted 5/4/85) (reaffirmed, Report II-1995, Item 7, adopted 11/12/95) (revised, Report L3-2004, Item 57, adopted 11/14/2004)

Public Health Authority


    RESOLVED, That the North Carolina Medical Society supports the integral involvement of professionals with training and experience in public health in all county government decision making related to public health, whether carried out through a traditional public health authority, a consolidated human services board, or other model.


(Resolution 21-1985, adopted 5/4/85) (reaffirmed, Report II-1995, Item 20, adopted 11/12/95) (revised, Report L3-2004, Item 62, adopted 11/14/2004)

QUALITY IMPROVEMENT

Quality of Care and Performance Improvement


    RESOLVED, That the North Carolina Medical Society supports efforts to improve the effectiveness of care and practice in North Carolina that are voluntary, cost-effective, efficient, and practical to implement.


(Report K - 2004, adopted as amended 11/14/2004)

QUALITY IMPROVEMENT ORGANIZATIONS

Quality Improvement Organizations


    RESOLVED, That the North Carolina Medical Society supports the communication of current health care policies and review guidelines of organizations such as Medical Review of North Carolina to each physician involved in the care of patients and that changes in these policies and guidelines be communicated as soon as possible; and be it further

RESOLVED, That the North Carolina Medical Society supports adequate funding for quality improvement initiatives; and be it further

RESOLVED, That the North Carolina Medical Society supports working with quality improvement organizations and encouraging physicians and hospitals to define quality in medical care; and be it further

RESOLVED, That the North Carolina Medical Society supports the continued efforts of Medical Review of North Carolina as a statewide quality improvement organization with physician oversight for North Carolina.


(Resolution 3-1986, adopted 5/3/86) (revised, Report Y-1996, Item 24, adopted 11/17/96) (revised, Report L1-2004, Item 15, adopted 11/14/2004)

REGULATORY BODIES

Playground Safety


    RESOLVED, That the North Carolina Medical Society supports sensible and cost-effective regulation of playground safety by the North Carolina Child Day Care Commission.


(Substitute Report D-1998, adopted 11/15/98) (revised, Report L3-2004, Item 61, adopted 11/14/2004)

Physician Representation on Government Entities


    RESOLVED, That the North Carolina Medical Society supports physician representation on all North Carolina government entities that have a direct effect on the practice of medicine.


(Resolution 7-1985, adopted 5/4/85) (reaffirmed, Report II-1995, Item 14, adopted 11/12/95) (revised, Report L3-2004, Item 60, adopted 11/14/2004)

REHABILITATION SERVICES

Quality Assessment of Facilities Offering Comprehensive Rehabilitation Services


    RESOLVED, That the North Carolina Medical Society petition all appropriate entities (i.e. North Carolina Health Care Facilities Association) to make similar program evaluation and quality assessment considerations mandatory for all types of facilities outside the traditional hospital model offering comprehensive rehabilitation services.


(Report GG-1989, adopted 11/11/89) (reaffirmed, Report Q-2000, Item 5, adopted 11/12/00)

RELATIVE VALUE SCALE

Government and Private Insurance Payors to Adopt Equitable Physician Payment


    RESOLVED, That the North Carolina Medical Society support Medicare physician payment reform based upon a Resource-Based Relative Value Scale; and be it further

RESOLVED, That the North Carolina Medical Society oppose any attempt by HCFA to use volume offset assumptions to implement Medicare Physician Payment Reform in any but a budget neutral fashion; and be it further

RESOLVED, That the North Carolina Medical Society support legislation which would require budget neutral implementation by HCFA; and be it further

RESOLVED, That the North Carolina Medical Society support legislation which would require an appeal mechanism for timely remedy of inaccuracies associated with implementation of any RBRVS.


(Substitute Report D-1991, adopted as amended 11/9/91)

SEXUAL ABUSE

Investigation of Suspected Sexual Abuse of or Assaults on Children


    RESOLVED, That the North Carolina Medical Society supports the use of medically appropriate investigative methods for suspected child survivors of sexual abuse or assault.


(Substitute Resolution 16-1998, adopted 11/15/98) (revised, Report L1-2004, Item 50, adopted 11/14/2004)

SEXUALLY TRANSMITTED DISEASES

Sexually Transmitted Diseases Awareness


    RESOLVED, That the North Carolina Medical Society supports efforts to increase physician awareness of the variety of sexually transmitted diseases through continuing medical education on sexually transmitted diseases (STDs).


(Resolution 32-1985, adopted 5/4/85) (revised, Report II-1995, Item 27, adopted 11/12/95) (revised, Report L1-2004, Item 72, adopted 11/14/2004)

SMART START

Smart Start


    RESOLVED, That the North Carolina Medical Society supports continuation of fiscal support for Smart Start in all one hundred North Carolina counties.


(Report G-1997, adopted as amended 11/16/97) (revised, Report L3-2004, Item 53, adopted 11/14/2004)

SMOKE DETECTORS

Smoke Detectors


    RESOLVED, That the North Carolina Medical Society supports mandatory smoke detectors in all rental property.


(Report CC-1995, adopted 11/12/95) (revised, Report L3-2004, Item 58, adopted 11/14/2004)

SMOKING

Local Community Regulations Limiting Smoking in Public Places


    RESOLVED, That the North Carolina Medical Society support efforts by local communities to enact regulations to limit smoking in public places and oppose efforts in the North Carolina General Assembly to ban local community efforts to regulate smoking in public places.


(Resolution 31-1991, adopted 11/9/91) (reaffirmed, Report U-2001, Item 5, adopted 11/11/01)

No Smoking in North Carolina Medical Society Sponsored Events


    RESOLVED, that the North Carolina Medical Society House of Delegates and Reference Committee meetings be designated as non-smoking.


(Resolution 11-1981, adopted 5/9/81) (reaffirmed, Report KK-1991, Item 8, adopted 11/9/91) (reaffirmed, Report U-2001, Item 6, adopted 11/11/01)

Restricting Smoking in Public Places in North Carolina


    RESOLVED, That the North Carolina Medical Society recommend that the North Carolina General Assembly take the necessary action to protect the public's health by restricting smoking in public places throughout North Carolina.


(Resolution 29-1991, adopted 11/9/91) (revised, Report U-2001, Item 40, adopted 11/11/01)

Public Education Regarding Smoking During Pregnancy


    RESOLVED, That the North Carolina Medical Society encourage its members to educate pregnant patients on the hazards of all harmful substances, including tobacco.


(Resolution 30-1991, adopted as amended 11/9/91) (revised, Report U-2001, Item 41, adopted 11/11/01)

Smoking


    RESOLVED, That the North Carolina Medical Society favor developing a tobacco-free society.


(Resolution 16-1990, adopted 11/10/90) (revised, Report Q-2000, Item 39, adopted 11/12/00)

Smoke-Free Environment at All State Medical Society and Component Medical Society Meetings and Facilities


    RESOLVED, That the North Carolina Medical Society maintain a smoke-free environment at all meetings and in all North Carolina Medical Society facilities, and that the Society encourage component medical societies to adopt similar policies.


(Resolution 5-1990, adopted as amended 11/10/90) (revised, Report Q-2000, Item 40, adopted 11/12/00)

Health Care Facilities and Smoking


    RESOLVED, That the North Carolina Medical Society recommend that hospitals, other health care institutions, and educational institutions (including medical schools) in the State of North Carolina be smoke-free institutions; and be it further

RESOLVED, That physician members of the North Carolina Medical Society provide smoke-free offices.


(Resolution 27-1989, adopted 11/11/89) (revised, Report L-1999, Item 6, adopted 11/14/99)

Smoking in Public Places


    RESOLVED, That the North Carolina Medical Society supports authorizing local governments to impose limits on smoking in public places that are more stringent than state law.


(Resolution 37-1998, adopted 11/15/98) (revised, Report L3-2004, Item 66, adopted 11/14/2004)

SPORTS MEDICINE

Resuscitation Standars for Health and Fitness Establishments


    RESOLVED, That the North Carolina Medical Society supports Cardiopulmonary Resuscitation training for employees of, and Automated External Defibrillators on-site at, facilities that offer exercise or fitness programs to the public.


(Substitute Report AA-1998, adopted 11/15/98) (revised, Report L1-2004, Item 76, adopted 11/14/2004)

SUICIDE PREVENTION

Suicide Prevention Programs


    RESOLVED, That the North Carolina Medical Society support suicide prevention initiatives and endorse the following suicide prevention programs: The Light For Life Foundation Yellow Ribbon Program, Parents Against Teen Suicide, and the Suicide Prevention Advocacy Network of North Carolina; and be it further

RESOLVED, That North Carolina Medical Society members be made aware of the resources available to identify and treat at-risk patients in order to prevent suicides and to assist families who have suffered losses due to suicide.


(Substitute Resolution 6-2002, adopted 11/17/02)

SURGERY

Laser Surgery


    RESOLVED, That the North Carolina Medical Society is concerned that the quality of care of patients undergoing laser surgery be safeguarded in the same tradition as patients undergoing other types of surgery; and be it further

RESOLVED, That the North Carolina Medical Society strongly support federal and state regulatory agencies' historic position that laser surgery for medical purposes should be performed only by a licensed doctor of medicine or osteopathy.


(Report II-1991, adopted 11/9/91) (reaffirmed, Report U-2001, Item 7, adopted 11/11/01)

Preoperative Care


    RESOLVED, That the North Carolina Medical Society affirm that decisions to recommend surgery are complex, requiring medical judgment available only from physicians licensed to practice medicine.


(Report K-1990, adopted 11/10/90) (revised, Report Q-2000, Item 51, adopted 11/12/00)

Laser as Surgery


    RESOLVED, That the North Carolina Medical Society supports a definition of surgery that includes the revision, destruction, incision or other structural alteration of human tissue using laser or other similar technology; and be it further

RESOLVED, That the North Carolina Medical Society opposes any efforts to define the therapeutic use of lasers as anything other than surgery; and be it further

RESOLVED, That the North Carolina Medical Society supports initiatives to define the medical therapeutic use of lasers as a type of surgery.


(Substitute Resolution 28-1996, adopted 11/17/96) (revised, Report L3-2004, Item 52, adopted 11/14/2004)

Second Opinion Surgery


    RESOLVED, That the North Carolina Medical Society supports the rights of physicians and patients to seek a second opinion freely from any physician of his/her choice; and be it further

RESOLVED, That the North Carolina Medical Society opposes the concept of mandatory second opinions or the imposition of financial penalties by a third party payor for not obtaining a second opinion; and be it further

RESOLVED, That the North Carolina Medical Society supports the concept that when a second opinion is required by a third party, that second opinion should be at no cost to the patient.


(Report S-1984, Item 4, adopted 5/5/84) (reaffirmed, Report CC-1994, Item 10, adopted 11/6/94) (revised, Report L1-2004, Item 51, adopted 11/14/2004)

SWIMMING POOL SAFETY

Support an American Academy of Pediatrics Position on Swimming Pool Safety


    RESOLVED, That the North Carolina Medical Society endorse an American Academy of Pediatrics position requiring non-public pools to be enclosed.


(Substitute Report DD-1992, adopted as amended 11/8/92) (revised, Report H-2002, adopted 11/17/02)

TANNING FACILITIES

Appropriate Warning of Health Risks with Ultraviolet Exposure


    RESOLVED, That the North Carolina Medical Society continue to support legislation to provide adequate funds to enable the State to inspect all public tanning facilities and to take enforcement action against facilities which are in violation of federal or state safety standards; and be it further

RESOLVED, That the North Carolina Medical Society encourage physicians to inform their patients of the dangers of UV exposure from tanning facilities; and be it further

RESOLVED, That the North Carolina Medical Society encourage physicians who treat patients for injuries received from tanning beds to report such injuries to the Radiation Protection Division (with the patient's permission) or suggest to the patient that he or she make such a report.


(Substitute Resolution 15-1991, adopted 11/9/91) (revised, Report U-2001, Item 42, adopted 11/11/01)

Tanning Facilities


    RESOLVED, That the North Carolina Medical Society supports requiring tanning facilities to inform consumers of the risks of tanning equipment use, and to protect consumers from associated harms.


(Resolution 13-1984, adopted 5/5/84) (reaffirmed, Report CC-1994, Item 24, adopted 11/6/94) (revised, Report L3-2004, Item 49, adopted 11/14/2004)

TAXES

Healthcare Provider Taxes


    RESOLVED, That the North Carolina Medical Society opposes taxes levied solely on healthcare providers by the state and federal governments.


(Resolution 16-2003, adopted 11/16/03)

TELEMEDICINE

Telemedicine


    RESOLVED, That the North Carolina Medical Society supports a full and unrestricted medical licensure requirement for physicians, with no differentiation by specialty, who wish to regularly practice telemedicine in North Carolina.


(Report JJ-1996, adopted as amended 11/17/96) (revised, Report L3-2004, Item 70, adopted 11/14/2004)

THIRD-PARTY PAYORS

Precertification


    RESOLVED, That the North Carolina Medical Society opposes precertification programs that cause undue delay and impairment of appropriate patient care.


(Resolution 8-1983, adopted 5/7/83) (revised, Report FF-1993, Item 17, adopted 11/7/93) (revised, Report H-2003, Item 3 #27, adopted as amended 11/16/03)

Payment For Tests and Procedures


    RESOLVED, That the North Carolina Medical Society support the concept that treating MDs/DOs who are qualified to perform a test, procedure, or treatment on their patients should be allowed to perform that test, procedure, or treatment and be reimbursed accordingly.


(Report B-2002, adopted 11/17/02)

Unfair Third-Party Payment Policies


    RESOLVED, That the North Carolina Medical Society seek or support legislative and/or regulatory actions to prevent unfair third party payment abuses which inappropriately increase administrative costs for all practicing physicians.


(Resolution 28-2002, adopted 11/17/02)

Downcoding


    RESOLVED, That the North Carolina Medical Society seek to eliminate the practice of automatic payor downcoding.


(Report C-2001, adopted as amended 11/11/01)

Availability of Publicly Funded Health Plan Medical Necessity Criteria


    RESOLVED, That the North Carolina Medical Society encourage Medicare Part A, Medicare Part B, Railroad Medicare, Medicaid, and the North Carolina State Employees Health Plan to publish and periodically update medical necessity criteria; and be it further

RESOLVED, That all publicly and privately funded health plan medical necessity criteria should be available on the Internet and/or in other electronically searchable forms and file formats suitable for physicians at no cost; and be it further

RESOLVED, That the North Carolina Medical Society promote public policy requiring privately funded health plans to meet the same standards of disclosure; and be it further

RESOLVED, That North Carolina Medical Society provide links on its website to medical necessity criteria of health plans.


(Report D-2001, adopted 11/11/01)

Unfair Health Plan Payment Policies


    RESOLVED, that the North Carolina Medical Society supports appropriate remedies, including legislative or regulatory remedies, to address unfair payment policies that disadvantage physicians, and result in patient inconvenience and injustice. Such unfair payment policies include:

RESOLVED, That the North Carolina Medical Society supports the use of an evaluation mechanism or "report card" on all third party payors measuring communications, medical review programs, payment efficiency and accuracy, and other attributes.


(Report K-2001, adopted as amended 11/11/01) (revised, Report L2-2004, Item 40, adopted 11/14/2004)

Support of Adequate Medicare and Medicaid Reimbursement Rates


    RESOLVED, That the North Carolina Medical Society support an adequate reimbursement rate for Medicare and Medicaid to promote equal access to health care for Medicare and Medicaid recipients.


(Substitute Report M-2001, adopted 11/11/01)

Physician Credentialing


    RESOLVED, That the North Carolina Medical Society support standardized and streamlined credentialing processes for state licensure, Medicare Carrier provider numbers, hospital privileges, and third party payors; and be it further

RESOLVED, That the North Carolina Medical Society recommend and appeal to these credentialing bodies that standardized and streamlined credentialing processes be implemented for all physicians and physician's assistants, with special emphasis on expedited credentialing for physicians and physician's assistants who recently completed formal training programs and have "clean" applications; and be it further

RESOLVED, That the North Carolina Medical Society review the implementation of the recently enacted House Bill 1160 - Uniform Provider Credentialing by Health Insurance Plans to determine its impact on credentialing by third party payors.


(Report N-2001, adopted 11/11/01)

Payment Problem Surveillance


    RESOLVED, That the North Carolina Medical Society monitor reports of problems with delays in payments by third party payors and be prepared to support policies to resolve such problems.


(Substitute Resolution 9-1991, adopted 11/9/91) (revised, Report U-2001, Item 43, adopted 11/11/01)

Reimbursement for Upper Airway Resistance Syndrome


    RESOLVED, That the North Carolina Medical Society facilitate dialogue between relevant specialty societies and the health benefit plans regarding recognition of and coverage for appropriate treatment of breathing-related sleep disorders such as upper airway resistance syndrome and sleep apnea.


(Substitute Resolution 3-2001, adopted 11/11/01)

Mandatory Participation in Medicare and Medicaid


    RESOLVED, that the North Carolina Medical Society oppose any legislation that requires mandatory participation of physicians in Medicare and Medicaid programs as a basis for licensure.


(Resolution 8-2001, adopted 11/11/01)

On-Site Lab Work


    RESOLVED, That the North Carolina Medical Society support legislation that requires health care plans to pay for medically necessary on-site testing at a rate equal to the highest rate paid for the same service to off-site providers.


(Resolution 13-2001, adopted as amended 11/11/01)

Exclusivity of Hospital Emergency Use


    RESOLVED, That the North Carolina Medical Society work with the American Medical Association in support of efforts to pass the prudent lay person, "Access to Emergency Medical Services Act of 1999 (HR 904)" or any health care legislation that contains exactly the same provisions; and be it further

RESOLVED, That the NCMS study the feasibility of legislation to eliminate exclusive contracting between third-party payers and hospitals for rendering emergency medical care; and be it further

RESOLVED, That the NCMS shall establish a policy that exclusive contracts between third-party payers and hospitals for provision of emergency medical care is inappropriate and not in the best interest of patient care; and be it further

RESOLVED, That the NCMS, in accordance with said policy, have the North Carolina delegation to the AMA submit a similar resolve to support such a policy; and be it further

RESOLVED, That the NCMS send a copy of said policy to the North Carolina Hospital Association and the North Carolina Association of Health Plans.


(Report I-2000, adopted 11/12/00)

Reporting of Claims Payment Data


    RESOLVED, That the North Carolina Medical Society support legislation or regulations mandating that all claims processing agencies in North Carolina including health maintenance organizations, third party administrators and insurers submit annual reports to the North Carolina Department of Insurance. These reports shall include timeliness of payments, payment and rejection rates, and reasons for rejection. These reports shall be made available to the public.


(Resolution 30-2000, adopted as amended 11/12/00)

Support Legislation Requiring Parity for the Treatment of Chemical Dependency


    RESOLVED, That the North Carolina Medical Society support legislation requiring parity for the treatment of chemical, including alcohol, drug and nicotine, dependency.


(Report I-1999, adopted as amended 11/14/99)

Support Standardized Communication Technology by MCOs and Insurers


    RESOLVED, That a letter be sent to the North Carolina Association of Health Plans, all Managed Care Organizations and other insurers requesting standardized implementation of their systems and processes and stating the following:That the North Carolina Medical Society strongly supports the development of uniform communication, data exchange and information systems applicable to all physicians and all insurers;That the system be Internet and fax-based, or take advantage of new technologies as appropriate;That the system initially focus on pre-certification programs, referral authorization, eligibility verification, pharmacy formularies, clinical guidelines, disease management programs and provider directories; andThat the system be designed to be current, efficient, and physician office-friendly; and be it further

RESOLVED, That the North Carolina Medical Society facilitate creation of a collaborative task force for the purpose of standardizing communications, data exchange and information systems for pre-certification programs, referral authorization, eligibility verification, pharmacy formularies, clinical guidelines, disease management programs and provider directories; and be it further

RESOLVED, That sufficient North Carolina Medical Society staff resources be employed to facilitate, promote and advocate the implementation of such a standardized communications system.


(Report S-1999, adopted 11/14/99)

Transplantation Services


    RESOLVED, That the North Carolina Medical Society recommend that the HMOs, IPOs and other third party payors that cover medical insurance for North Carolina enrollees be required to offer transplantation services to their enrollees at a transplant center near to the enrollee.


(Resolution 11-1999, adopted 11/14/99)

Timely Payments of "Clean Claims"


    RESOLVED, That the North Carolina Medical Society develop a definition of "clean claims" and support legislation requiring all third party payors to adhere strictly to a payment process. Penalties to third party payors for delaying payment should include full payment plus interest, followed by fines on a per case basis.


(Resolution 12-1999, adopted as amended 11/14/99)

Dietary Instruction for Chronic Disease Patients


    RESOLVED, That the North Carolina Medical Society advocate that third party payors reimburse dietary instruction for patients at risk of or who already have a chronic disease for which nutrition habits are important for prevention or treatment of the disease.


(Substitute Resolution 24-1998, adopted as amended 11/15/98)

Direct Access to Physiatrists


    RESOLVED, That the North Carolina Medical Society advocate that third party payors include coverage for direct access to specialists in Physical Medicine and Rehabilitation as principal physicians for individuals with severe disabilities such as spinal cord injuries or traumatic brain injuries.


(Substitute Resolution 27-1998, adopted as amended 11/15/98)

Prompt Claims Payment


    RESOLVED, That the North Carolina Medical Society supports requiring health benefit plans to pay error free claims within 30 days of receipt.


(Resolution 28-1998, adopted 11/15/98) (revised, Report L3-2004, Item 63, adopted 11/14/2004)

Diagnostic and/or Laboratory Tests Codes


    RESOLVED, That the North Carolina Medical Society supports the use by all insurers of appropriate and current ICD codes to justify the ordering and payment of laboratory tests.


(Substitute Resolution 48-1998, adopted as amended 11/15/98) (revised, Report L2-2004, Item 35, adopted 11/14/2004)

Hospital Authorizations


    RESOLVED, That the North Carolina Medical Society opposes arbitrary hospital authorization and certification requirements and payment restrictions established by insurance companies.


(Resolution 11-1986, adopted 5/3/86) (revised, Report Y-1996, Item 28, adopted 11/17/96) (revised, Report L2-2004, Item 24, adopted 11/14/2004)

Tricare Payment


    RESOLVED, That the North Carolina Medical Society supports increasing the CHAMPUS Maximum Allowable Charge schedule to a level which assures adequate access to care for CHAMPUS and Tricare beneficiaries.


(Resolution 8-1994, adopted as amended 11/6/94) (revised, Report L2-2004, Item 34, adopted 11/14/2004)

Obesity Surgery Coverage


    RESOLVED, That the North Carolina Medical Society supports the use of the most current National Institute of Health Criteria for Obesity Surgery by health plans for coverage decisions relating to obesity surgery and the incorporation by health plans of any changes that are made by NIH to that criteria on an ongoing basis.


(Report H - 2004, adopted 11/14/2004)

TOBACCO

Tobacco Industry Support


    RESOLVED, That the North Carolina Medical Society opposes federal support to the tobacco industry.


(Report DD-1993, adopted as amended 11/7/93) (revised, Report H-2003, Item 3 #23, adopted as amended 11/16/03) (revised, Report L3-2004, Item 55, adopted 11/14/2004)

Worker Exposure to Environmental Tobacco Smoke


    RESOLVED, That the North Carolina Medical Society supports the elimination of tobacco use in the workplace as the best method for controlling workers' exposure to environmental tobacco use and the encouragement of workplace smoking cessation programs to aid these efforts.


(Substitute Resolution 1-1993, adopted 11/7/93) (revised, Report H-2003, Item 3 #32, adopted as amended 11/16/03)

Tobacco Excise Tax


    RESOLVED, That the North Carolina Medical Society support and seek to have introduced legislation requiring an increase in the North Carolina tobacco excise tax to a minimum of $1.00, and if the non-tax part of the price is increased, that the tax should increase proportionally.


(Substitute Resolution 33-1992, adopted as amended 11/8/92) (revised, Report H-2002, adopted 11/17/02)

Protect Youth from Tobacco


    RESOLVED, That the North Carolina Medical Society support educational programs for youth, focusing on the addiction potential and the health risks associated with tobacco use; support a media campaign to increase public awareness of state law which makes it a misdemeanor to sell tobacco to minors under the age of eighteen, with special emphasis on merchants and over-the-counter vendors of tobacco, and support the ban of cigarette vending machines in locations where minors have access.


(Resolution 33-1991, adopted 11/9/91) (reaffirmed, Report U-2001, Item 8, adopted 11/11/01)

Support Allocation of Federal Tobacco Settlement Funds for Public Health Purposes


    RESOLVED, That the allocation of funds from the Tobacco Health Trust should be to endeavors that broadly and equitably advance the collective health of the citizens of North Carolina; and furthermore, that the prioritization and endorsement of competing proposals should be based solely on these criteria.


(Substitute Report F-1999, adopted 11/14/99) (revised, Report U-2001, Item 44, adopted 11/11/01)

Tobacco Settlement Funds Used to Support Tobacco Cessation Programs


    RESOLVED, That the North Carolina Medical Society advocate that the Health and Wellness Trust Fund dedicate a majority portion of the tobacco settlement funds payable to North Carolina to support programs which successfully treat tobacco addiction and prevent initial tobacco use by children and adults; and be it further

RESOLVED, That the North Carolina Medical Society advocate that Health and Wellness Trust Fund monies be used to develop educational tools on tobacco abuse counseling for physicians and other medical professionals; and that the North Carolina Medical Society encourage North Carolina medical schools to use these educational tools in their curricula; and be it further

RESOLVED, That the North Carolina Medical Society advocate for the development and distribution of tobacco prevention materials for the education of adolescent patients in medical practices.


(Substitute Resolution 2-2001, adopted as amended 11/11/01)

100% Tobacco-Free Policy In Schools


    RESOLVED, That the North Carolina Medical Society endorse a 100% tobacco free policy for students, staff and visitors in school buildings, on school campuses and during school events for all schools in North Carolina.


(Resolution 36-2001, adopted 11/11/01)

Rejoining the Smokeless States Coalition


    RESOLVED, That the North Carolina Medical Society rejoin the North Carolina Smokeless States coalition as long as there is no financial cost to the North Carolina Medical Society.


(Resolution 37-2001, adopted as amended 11/11/01)

North Carolina Medical Society Endorsement of the Vision 2010 Document


    RESOLVED, That the North Carolina Medical Society endorse the Vision 2010 document, "North Carolina's Comprehensive Plan to Prevent and Reduce the Health Effects of Tobacco Use," a comprehensive tobacco use prevention and control program.


(Resolution 39-2001, adopted 11/11/01)

Tobacco Education


    RESOLVED, That the North Carolina Medical Society supports the North Carolina Department of Education, and North Carolina Medical Society component societies, and other private efforts to educate youth and their parents about the societal, physical, and medical costs of tobacco addiction, and to make all school grounds and buildings tobacco free.


(Resolution 8-1997, adopted 11/16/97) (revised, Report L1-2004, Item 52, adopted 11/14/2004)

Tobacco Product Sales


    RESOLVED, That the North Carolina Medical Society supports establishing the minimum age of twenty-one for the purchase of all tobacco products in North Carolina.


(Resolution 17-1997, adopted as amended 11/16/97) (revised, Report L3-2004, Item 64, adopted 11/14/2004)

Tobacco Product Regulation


    RESOLVED, That the North Carolina Medical Society supports the regulation of tobacco as a drug by the federal Food and Drug Administration.


(Report S-1995, adopted 11/12/95) (revised, Report L3-2004, Item 65, adopted 11/14/2004)

Tobacco Products


    RESOLVED, That the North Carolina Medical Society opposes the use of tobacco products.


(Resolution 15-1985, adopted 5/4/85) (reaffirmed, Report II-1995, Item 17, adopted 11/12/95) (revised, Report L3-2004, Item 68, adopted 11/14/2004)

TRAFFIC SAFETY

Medically Impaired Drivers


    RESOLVED, That the North Carolina Medical Society supports stronger and more frequent dialogue and cooperation between physicians, attorneys, courts and such agencies as: Administrative Office of the Courts, Department of Human Resources, Department of Environment, Health and Natural Resources, Department of Transportation, Governor's Highway Safety Program, Governor's Institute on Alcohol & Substance Abuse, University of North Carolina Highway Safety Research Center, DWI Coordinating Council and all other public agencies involved in traffic safety to help identify and treat medically impaired drivers.


(Report F-1993, adopted as amended 11/7/93) (revised, Report H-2003, Item 3 #9, adopted as amended 11/16/03)

"Click It Or Ticket" Program


    RESOLVED, That the North Carolina Medical Society supports the "Click It or Ticket" Program, which encourages the use of automotive restraint devices in North Carolina.


(Resolution 18-1993, adopted as amended 11/7/93) (revised, Report H-2003, Item 3 #10, adopted as amended 11/16/03)

Drivers' Licenses


    RESOLVED, That the North Carolina Medical Society supports reasonable steps to improve traffic safety by limiting the opportunities for unsafe drivers to obtain a driver's license under false pretenses.


(Substitute Report G-1993, adopted 11/7/93) (revised, Report H-2003, Item 3 #24, adopted as amended 11/16/03)

Motorcycle Helmets


    RESOLVED, That the Medical Society opposes the repeal of mandatory motorcycle helmet use laws.


(Resolution 28-1983, adopted 5/7/83) (reaffirmed, Report FF-1993, Item 18, adopted 11/7/93) (revised, Report H-2003, Item 3 #25, adopted as amended 11/16/03)

Support an American Academy of Pediatrics Position on Pickup Truck Passenger Safety


    RESOLVED, That the North Carolina Medical Society support the American Academy of Pediatrics position requiring persons riding in the cargo area of pickup trucks to wear appropriate restraint devices when the pickup is traveling on a public road.


(Report FF-1992, adopted 11/8/92) (revised, Report H-2002, adopted 11/17/02)

Support Increased Helmet Use by All Segments of Bicycling Population


    RESOLVED, That the North Carolina Medical Society support all measures to increase the level of helmet use among all segments of the bicycling population.


(Report HH-1992, adopted 11/8/92) (reaffirmed, Report H-2002, adopted 11/17/02)

Support Linkage of Databases Related to Highway Injuries for Research Purposes


    RESOLVED, That the North Carolina Medical Society support and help find ways to facilitate the linkage of the State's Crash File database, Trauma Registry database, and the Pre-Hospital Medical Information System (PreMIS) for pre-hospital emergency information for research purposes and quality improvement in the area of highway safety while preserving the confidentiality of people and institutions.


(Report II-1992, adopted 11/8/92) (revised, Repot H-2002, adopted 11/17/02

Mandatory Seat Belt Laws


    RESOLVED, That the North Carolina Medical Society reaffirm its commitment to mandatory seat belt laws and their enforcement, recognizing the lives saved and the reduction in bodily injury brought about since their enactment; and be it further

RESOLVED, That the North Carolina Medical Society endorse mandatory use of children's car seats and approved safety devices and the enforcement of their use.


(Substitute Report J-1991, adopted 11/9/91) (reaffirmed, Report U-2001, Item 9, adopted 11/11/01)

Opposition to Increase in Truck Size and Weight on Highways


    RESOLVED, That the North Carolina Medical Society opposes any increase in truck size and weight and urges the federal government to oppose any increase in truck size and weight or a proposal to allow states to further increase truck size and weight.


(Report U-1991, adopted 11/9/91) (reaffirmed, Report U-2001, Item 10, adopted 11/11/01)

Seat Belts and Shoulder Harnesses


    RESOLVED, That the North Carolina Medical Society support the passage of legislation requiring the mandatory use of lap seat belts, shoulder harnesses, and age appropriate restraints by all persons driving or riding in motor vehicles on the public roads of North Carolina.


(Resolution 8-1985, adopted 5/4/85) (revised, Report Q-2000, Item 36, adopted 11/12/00)

Passenger Protective Systems -- School Buses


    RESOLVED, That the North Carolina Medical Society supports the use of school buses equipped with appropriate passenger protective systems.


(Report J-1987, adopted 5/2/87) (reaffirmed, Report OO-1997, Item 5, adopted 11/16/97) (revised, Report L3-2004, Item 54, adopted 11/14/2004)

Mopeds and Motorized Bicycle Helmets


    RESOLVED, That the North Carolina Medical Society supports mandatory helmet use by all operators and passengers of mopeds and motorized bicycles when such vehicles are operated upon the streets and highways of North Carolina.


(Report H-1987, adopted 5/2/87)(amended, Report OO-1997, Item 6, adopted 11/16/97) (revised, Report L3-2004, Item 67, adopted 11/14/2004)

Bicycling Access


    RESOLVED, That the North Carolina Medical Society supports efforts to improve bicycling access in North Carolina through construction of bicycle paths and modifications of existing roadways.


(Resolution 15-1997, adopted as amended 11/16/97) (revised, Report L3-2004, Item 70, adopted 11/14/2004)

Passenger Restraints -- Automobile


    RESOLVED, That the North Carolina Medical Society supports automobile passenger restraint mandates in the following areas:

  1. Require appropriate restraints for all occupants of vehicles;
  2. Require child safety seat use to the age supported by current objective research; and
  3. Impose a fine for any violation of these mandates and include the authority to assign license and insurance points for violations.


(Report K-1996, adopted 11/17/96) (revised, Report L3-2004, Item 51, adopted 11/14/2004)

Bicycle Helmets


    RESOLVED, That the North Carolina Medical Society supports mandatory use of bicycle safety helmets by children.


(Report HH-1996, adopted 11/17/96) (revised, Report L3-2004, Item 50, adopted 11/14/2004)

Graduated Drivers Licensing


    RESOLVED, That the North Carolina Medical Society supports a fully graduated driver licensing system.


(Report J-1995, adopted as amended 11/12/95) (revised, Report L3-2004, Item 56, adopted 11/14/2004)

UNLICENSED PRACTICE OF MEDICINE

Unlicensed Practice of Medicine


    RESOLVED, That the North Carolina Medical Society seek action by the North Carolina Medical Board to aggressively prosecute the unlicensed practice of medicine under authority given to it by the General Assembly.


(Report P-2001, adopted 11/11/01)

Prosecution of Persons Practicing Medicine without a License


    RESOLVED, That the North Carolina Medical Society urge the North Carolina Attorney General to take all necessary action to ensure that persons practicing medicine without a license from the North Carolina Medical Board be investigated in a vigorous and timely manner; and be it further

RESOLVED, That the North Carolina Medical Society urge the Attorney General to refer promptly all such violations of the Medical Practice Act to the local district attorney for prosecution; and be it further

RESOLVED, That the North Carolina Medical Society support changing North Carolina law to reclassify the unlicensed practice of medicine from a misdemeanor to a felony.


(Report Y-1989, adopted 11/11/89) (revised, Report L-1999, Item 30, adopted 11/14/99)

UTILIZATION REVIEW

Regulation of Utilization Review Organizations and Third-Party Administrators


    RESOLVED, That the North Carolina Medical Society recommend the following:

  1. That the State of North Carolina continue to monitor operational standards of time and performance criteria for utilization review organizations third party payors and employer-sponsored plans; and
  2. That utilization review organizations, third party payors and employer-sponsored plans be held liable in instances of patient harm due to improper denial of care; and
  3. That physicians and nurses who review in North Carolina be licensed in the state of North Carolina.


(Resolution 21-1990, adopted as amended 11/10/90) (revised, Report Q-2000, Item 46, adopted 11/12/00)

Utilization Review Decisions


    RESOLVED, That the North Carolina Medical Society supports holding medical reviewers to the same standard of medical care as practicing physicians in the determination of medical necessity.


(Substitute Resolution 14-1997, adopted as amended 11/16/97) (revised, Report L2-2004, Item 27, adopted 11/14/2004)

VALUES IN MEDICINE

Values in Medicine Task Force


    RESOLVED, That the North Carolina Medical Society supports the 1995 Report of the Values in Medicine Task Force. See Appendix B.


(Report Y-1995, adopted as amended 11/12/95) (revised, Report L2-2004, Item 42, adopted 11/14/2004)

VIOLENCE PREVENTION

Violence Prevention


    RESOLVED, That the North Carolina Medical Society supports programs that help prevent violence in schools and that provide education and preventive measures for violence, that include conflict resolution, learning disabilities, illiteracy, school drop out, drug abuse prevention and treatment, and domestic violence.


(Substitute Resolution 13-1998, adopted 11/15/98) (revised, Report L1-2004, Item 73, adopted 11/14/2004)

WASTE MANAGEMENT

Underground Hazardous Waste Storage


    RESOLVED, That the North Carolina Medical Society opposes the underground storage of any hazardous waste which, when disposed of in this manner, might endanger the health of the people of North Carolina.


(Resolution 2-1983, adopted 5/7/83) (reaffirmed, Report FF-1993, Item 20, adopted 11/7/93) (revised, Report H-2003, Item 3 #12, adopted as amended 11/16/03)

Recycling in the Medical Community


    RESOLVED, That the North Carolina Medical Society encourage the medical community to initiate and participate in programs to recycle paper, aluminum cans and appropriate containers to show their commitment to improving the environment; and be it further

RESOLVED, That the North Carolina Medical Society encourage the medical community to use recyclable products in lieu of substances shown to be deleterious to the environment; and be it further

RESOLVED, That the North Carolina Medical Society encourage its publications to recognize model programs in protecting the environment.


(Resolution 11-1990, adopted 11/10/90) (revised, Report Q-2000, Item 37, adopted 11/12/00)

Hazardous and Low Level Radioactive Waste Management and Disposal


    RESOLVED, That the North Carolina Medical Society support legislation and regulations providing proper controls which will ensure that hazardous and low level radioactive waste is dealt with in a medically sound manner assuring protection of public health; and be it further

RESOLVED, That the North Carolina Medical Society actively help safeguard the public health in the area of hazardous and low level radioactive waste management by:

  1. Supporting continuation and periodic review by the State of comprehensive hazardous and low level radioactive waste management plans and urging that the permitting by the State of any hazardous or low level radioactive hazardous waste disposal facility be consistent with any such plans;

  2. Supporting (a) monitoring the environmental and public health impact of all hazardous waste and low level radioactive waste treatment or storage facilities in North Carolina and (b) communicating with the public about the results of such monitoring;

  3. Assisting appropriate regulatory authorities in the State�s health and environmental protection agencies in seeking strong regulation and strict supervision of hazardous and low level radioactive waste facilities;

  4. Strongly supporting source reduction, recycling, and the pursuit of safer treatment alternatives which maximize environmental and human health; and

  5. Educating physicians on worker and community health implications of hazardous and low level radioactive waste management.


(Substitute Resolution 14-1990, adopted as amended 11/10/90) (revised, Report Q-2000, Item 38, adopted 11/12/00)

Site of Low Level Radiation Waste Disposal


    RESOLVED, That the North Carolina Medical Society supports evaluation of low-level radiation disposal facility sites in North Carolina as to their geological, hydrological, seismological, and meteorological suitability. In addition, every effort should be taken to select sites and design facilities which protect the health of the public and those operating the facilities and ensure the safe operation of such facilities.


Report EE-1987, adopted 5/2/87) (amended, Report OO-1997, Item 4, adopted 11/16/97) (revised, Report L1-2004, Item 74, adopted 11/14/2004)