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A PA Practice Act for Mississippi
Until
April 2000, Mississippi remained the only state that
did not license Physician Assistants (PAs). Efforts
to pass a PA Practice Act were begun during the 1970s
but the handful of PAs practicing without a formal law
met strong resistance from organized nursing and some
less vocal resistance from organized medicine. Practice
acts were drafted and defeated (sometimes without ever
being introduced) off and on during the 1980s. The fact
that there was no law led to a paucity of jobs. In turn
this led to a small number of PAs, which made it difficult
to run a state association capable of pursuing a legislative
campaign.
A
Few Steps Forward
In
1994 the American Academy of Physician Assistants (AAPA)
and the Mississippi Academy of Physician Assistants
(MAPA) began to work together to plan a legislative
campaign. The plan included opening a dialog with the
Mississippi State Board of Medical Licensure (MSBML),
the Mississippi State Medical Association (MSMA), and
the Mississippi Nurses Association (MNA). In December
1994, MAPA and AAPA representatives met with MSBML,
MSMA, and MNA representatives. Meetings with the MSBML
resulted in the drafting of a bill that was approved
by the medical board. Communications with the medical
society resulted in the withdrawal of their opposition
and the publishing of an article entitled "Physician
Assistants in Mississippi' as the lead article in the
December 1994 edition of the Journal of the Mississippi
State Medical Association. In late 1994 representatives
from MAPA and AAPA met with the MNA Board of Directors.
The PA representatives made a formal presentation on
PA education and practice and answered questions for
over an hour. At the end of the meeting the Mississippi
nurses vowed to reevaluate their previous policy (the
MNA had a 1985 position paper opposing PA practice)
and to keep the lines of communication open. At a meeting
in early January 1995, the MNA decided to remain neutral
on PA legislation in the 1995 legislative session.
A
Step Back
Then
on January 30 of that year, MNA opposition resurfaced.
According to MNA leadership, this change was a reaction
to proposed rules (which were separate from the PA bill)
drafted by the MSBML, which, if adopted as drafted,
would have imposed new restrictions on physicians who
worked in a collaborative role with Nurse Practitioners
(NPs). In a letter to the chair of the Mississippi House
of Representatives Public Health and Welfare Committee,
the MNA stated, "Until recent issues have been
settled and there is some assurance that nurse practitioners
will not be squeezed out of the health care picture,
we find it impossible not to oppose a bill that will
give physicians complete control over one provider while
enacting rules and regulations that will greatly inhibit
the practice of another." As a direct result of
the MNA's letter, the bill was not scheduled to be heard
in committee, which effectively killed the bill in the
1995 session.
MAPA
and AAPA Settle in for the Long Road Ahead
MAPA
and AAPA, again acting in concert, began to prepare
for the 1996 session. A lobbyist who had previously
worked for the medical society was added to the team
and efforts to gather additional support began. By the
start of the 1996 session the list of supporters had
grown. The bill had the full support of the Mississippi
State Medical Association, the Mississippi Academy of
Family Physicians, the Mississippi Primary Care Association,
and the Mississippi State Board of Medical Licensure.
The bill was authored by State Representative Jim Barnett
(a physician) and State Representative Reta Holden (a
nurse). The MNA was contacted repeatedly prior to the
legislative session but no communication from the nurses
was received. At the start of the session the MNA conveyed
their 1996 plan - they would once again oppose PA licensure.
A hearing on the PA bill was held at the Mississippi
state capitol in late January 1996. Ten PAs, the MAPA
lobbyist, and a representative from the Primary Care
Association were present to support the bill. A physician
representing the medical society gave a very compelling
testimony in favor of the legislation. Once again, the
only opposition came from nursing. The MNA opposition
focused on three points. First, there were many NPs
in training in Mississippi. The nurses presented a map
of where NPs practiced, and the numbers of NPs in training.
They contended that NPs were or would fill all of the
unmet health care needs in the Magnolia State. Second,
the nurses discussed the fact that PAs would be solely
regulated by the MSBML and that physicians would be
able to delegate a wide variety of tasks to PAs. The
physician representing the MSBML responded by saying
that the medical board had taken a very conservative
path when regulating physicians, and could be expected
to do the same with PAs. The third concern was that
licensing PAs would lead to the necessity for a PA program,
which could compete for NP training funds. There was
no current plan for a PA program in Mississippi. Unfortunately,
the MNA opposition again led to the bill dying in subcommittee.
Mississippi
PAs and Supporters Begin Plans for the 1997 Session
In
late 1996, MAPA again invited the MNA to come to the
table to discuss any concerns they might have with the
PA legislation and in mid-December, representatives
from MAPA, AAPA, and MNA met in Jackson to discuss the
legislation. Following the meeting and discussions involving
nursing leadership and NPs in the state, the MNA submitted
a list of five proposed changes to the PA bill. The
MAPA/AAPA negotiating team made numerous counterproposals
and all but one issue was resolved. The MNA refused
to negotiate on its demand that PAs must hold a master's
degree in order to be licensed in Mississippi. In a
memo to the MAPA lobbyist, the MNA stated, "The
nursing community strongly supports that a provider
who will be practicing in the same arena, should hold
to these same standards." The Mississippi PAs decided
not to add a requirement for a master's degree, but
suggested compromise language that would leave it up
to the state medical licensing board to determine the
educational requirements for PAs. (The state nursing
board dictates educational requirements for NPs.) This
proposal was rejected by the MNA. With the start of
the 1997 session, legislators were greeted with three
bills that would regulate the practice of PAs in Mississippi.
At a press conference held at the state capitol, reporters
heard from PAs, physicians, clinic administrators, legislators,
and a NP, all urging Mississippi to join her sister
states and pass a PA licensing bill. The MNA was once
again the only group in opposition to the bills. As
in 1996, a hearing was held in a House subcommittee,
and, just as in the previous year, no vote was taken
on the PA legislation. The MNA opposition led to the
bills once again dying in committee because the chair
declined to call for a vote.
Good
News Amidst the Bad
Even
in the face of this defeat, support continued to grow.
By the beginning of 1998, the list of supporters included
The Southern Governors Association, The Mississippi
State Medical Association, The Mississippi Academy of
Family Physicians, The Mississippi Primary Health Care
Association, The Mississippi Chapter of the American
College of Emergency Physicians, The National Association
of Rural Health Clinics, The National Association of
Community Health Centers, The National Rural Health
Association, and The Southern Regional Project on Infant
Mortality. In addition, Governor Kirk Fordice declared
October 6, 1997, Physician Assistant Day in MS. MAPA,
AAPA, and hundreds of individual PAs and PA supporters
throughout the country continued with educational efforts,
networking, and media relations work in preparation
for the 1998 legislative session. The immediate past
president of the Mississippi Academy of Family Physicians
presented compelling testimony in favor of PA licensure
at a hearing of a Senate Health Subcommittee prior to
the 1998 session. But once again in 1998 the PA legislation
died in a subcommittee of the House Public Health and
Welfare Committee. The bill's demise was due to opposition
by the lone opposing group - the MNA. As he cast the
first "no" vote, the Subcommittee Chair stated,
"I believe that I wouldn't have any problem with
either a nurse practitioner or a physician assistant
treating me. But in the early 1990's we made a pact
with nursing to increase training. Now the nurse practitioners
are getting out and I believe we should allow them to
get started. I am going to vote 'no' now. In the future
I may change my vote."
Not
in 1999, But Progress Continued
1999
was an election year in Mississippi. This meant legislators
were generally unwilling to take up controversial legislation.
Not surprisingly, the Public Health and Welfare Committees
in both the House and the Senate refused to hold hearings
on the PA licensure issue in the 1999 legislative session.
When neither committee chair would hold a vote on the
bill, it died in committee. Although no PA licensing
bill was passed, the 1999 legislative session was a
successful one on many fronts. There were three bills
introduced for PA licensure - two in the House and one
in the Senate. Twenty-seven legislators sponsored or
co-sponsored the legislation. The co-sponsors represented
a wide range of support: Democrats and Republicans,
urban and rural legislators, and geographically diverse
Senators and Representatives signed on to support the
bill. Legislators were not the only ones supporting
PAs. Support had grown throughout Mississippi and an
increasing number of Mississippians understood the PA
profession and wanted PAs added to the team of clinicians
providing health care in their state. The issue received
tremendous positive press coverage. A news conference
held January 18 to announce the introduction of the
legislation for the 1999 session was covered by three
television stations, the Associated Press, and the Clarion-Ledger
(the main Jackson, Mississippi newspaper). A Jackson
television station ran a Saturday evening news report
on PAs and the Biloxi, Mississippi newspaper ran a supportive
editorial titled "It's time to unlock health care
denied to Mississippians."
Not
to be Deterred
MAPA
President Murl Dotson was unwavering in his belief that
a PA Practice Act would be passed soon. "We are
concerned with the health of Mississippians, and we
are persistent. We don't believe that PAs will solve
all of Mississippi's health problems but if one additional
child is immunized, if one more pregnant woman gets
prenatal care, if one Mississippi native PA can move
home to care for aging parents, even that will make
things better," said Dotson. With these thoughts
in mind, the PAs in Mississippi took advantage of the
1999 election year. A political action committee (PAC),
the Mississippi Physician Assistant Political Action
Committee, was formed. The purpose of the PAC was to
increase the way in which PAs and their supporters were
able to participate in the political process. In a show
of support for PA licensing legislation in Mississippi,
contributions from PAs and PA state chapters from across
the country flowed into the PAC.
The
New Millennium in Mississippi
The
2000 legislative session promised to be an interesting
one. A second lobbyist was added to the team. As preparations
for the session began, the Mississippi team again contacted
the MNA. This time there was good news. The MNA was
willing to sit down and talk. Once again the master's
degree was the main point of contention. The MAPA negotiating
team asked this question: Would the MNA consider language
that would require a master's degree sometime in the
future, but would allow licensure of PAs meeting standard
requirements now? The MNA representatives agreed. Negotiation
teams from the MNA and MAPA, with input from AAPAs Health
Care Services Committee, began a series of meetings
that culminated in an agreement on consensus language
for PA licensing legislation. The MNA had withdrawn
its long-held opposition. With an agreement on consensus
language, the chairmen of the Public Health and Welfare
Committees in both the House and the Senate offered
to sponsor the legislation. "Allowing PAs to join
the Mississippi health care team was MAPAs primary objective,"
said Dotson. "PAs are needed in Mississippi and
it looks like soon we may be able to lend a hand."
2000
was the year!
Since April 2000, Mississippi PAs have enjoyed numerous clinical and professional opportunities as well as a strong practice foundation provided by the MSBML. Marc Finch, PA-C and Ann Davis have been instrumental in forging a positive relationship with our state medical board and paving the way for PAs to enjoy more beurocracy free practice. In recent years, MAPA, AAPA and our lobbyists have worked tirelessly to continue to improve the practice environment in Mississippi. Recent improvements seen by Mississippi PAs are the amendments made by the MSBML allowing PAs to prescribe controlled substances as well as the passage of the temporary licensure law. In 2007, legislation passed to include PAs among those healthcare providers who are granted civil immunity when providing emergency care, such as during the Hurricane Katrina aftermath. MAPA would like to thank everyone who participated in the hard-fought process to get PAs licensed in Mississippi. We are continuing to grow in numbers every year, and our efforts to expand the PA profession in Mississippi have been fruitful. With patience and persistence, not to mention continued excellence in health care, PAs will flourish here. |