The Virginia Society of Ophthalmology presented a request by Dr. Bearden at the MSV Summit to define surgery. Their request was for MSV to coordinate a workgroup to explore ways physicians can be more pro-active in protecting patients and the profession through some clearer statutory/regulatory definitions.

A good starting point would be to examine the AMA definition of surgery, and then modify it to meet our own specific needs.

We have not heard back from the MSV on this or any subjects presented at the Legislative Summit. The MSV Legislative Committee meets on June 23rd and we understand that is the appropriate time to advocate for any of the points brought up at the Summit to be included in the MSV legislative agenda.

Defining the Practice of Medicine and Surgery

  • Virtually every year, the General Assembly deals with questions of health care scope of practice. Usually, these are initiated by allied health profession groups and are intentionally broader and more aggressive than what is actually being sought.
  • The allied health professionals who seek more authority without proper training are highly motivated, organized, and have nothing to lose by initiating legislation and regulations year after year.
  • A single medical or surgical specialty cannot win these battles alone. The House of Medicine must address these as a patient safety issues above the false accusations of “turf battles” or “market share”.
  • All inappropriate and unsafe expansions of allied health professionals’ scope of practice are threats to quality patient care and should be of concern to all physician specialties.

MSV should convene a workgroup to determine the need for and feasibility of statutory definitions for the practice of medicine and surgery. The workgroup should use the following assumptions to guide its work.

  • The “practice of medicine” must be clearly distinguished from other disciplines of health care.
  • Any care considered “the practice of medicine” may be performed by physicians exclusively.
  • Only the Board of Medicine can regulate the “practice of medicine”.
  • Any definitions should limit “surgery” to physicians, dentists, and podiatrists licensed by the Board of Medicine or Board of Dentistry. No other Boards or agencies should regulate performance of “surgery”.
  • Such definitions should NOT limit currently permitted and legal procedures performed by allied health professions
  • Such definitions should NOT limit or attempt to define procedures performed by different physicians practicing within their professionally accepted scope.
  • This workgroup will make recommendations to the MSV Board of Directors by October 1, 2009 regarding any legislative initiatives or need for additional investigation.