Anesthesiologists' Right to Speak Out for Patients Upheld by Denver District Court

DENVER -- In an oral ruling in Denver District Court on Oct. 30, 2003, Judge Lawrence Manzanares determined that the Colorado Society of Anesthesiologists (CSA) has the right to bring suit against Colorado Gov. Bill Owens over the validity of the "opt-out rule" involving physician supervision of nurse anesthetists. The court also indicated that the CSA is not required to exhaust administrative actions prior to bringing its suit against the governor.

The Colorado Society of Anesthesiologists, an organization representing 500 medical doctors practicing anesthesiology in Colorado, brought suit in February 2003 to block the governor's plan to exempt Colorado from the federal rule requiring physician supervision of nurse anesthetists.

"The governor has clearly stated that he intends to issue the exemption order despite the evidence that this action will threaten public safety and is contrary to Colorado state law," according to Randall Clark, MD, spokesperson for the Society. "The exemption process requires that any decision be consistent with existing state law and that is simply not the case in Colorado."

"On four of the five issues before the court, the court found the governor's position without merit or expressed skepticism that they had merit," Clark said. "On the remaining issue of timing of CSA's suit, or 'ripeness,' the court agreed with the governor's position that it should not act until the governor had actually sent his exemption letter to Washington, despite the governor's stated intention to do so."

"The judge's decision confirms CSA's right to challenge the governor's action in court, and rejects all but one of the arguments the governor made to avoid judicial review of his action," said Clark. "Should the governor issue the exemption letter, we will be back in court asking for our case to be heard. Based on the rulings today, we are more confident than ever in our position."

Anesthesiologists have been recognized as national leaders in promoting patient safety. The Colorado Society of Anesthesiologists has built on this foundation with its advocacy for office-based surgery and anesthesia guidelines, which were implemented in Colorado two years ago, and its recommendations for the development of a rural anesthesia outreach program in Colorado.

"Our job as physicians, professionals, and as responsible citizens requires us to do all we can to protect patients when they are in the operating room and are most vulnerable," said Clark. "We do that through rigorous education, training, and research, and occasionally, as we have here in our dispute with the governor, through public advocacy and litigation."

Source: Colorado Society of Anesthesiologists

Share this article: Email, Slashdot, Digg, Del.icio.us, Yahoo!MyWeb, Windows Live Favorites, Furl
Add this article feed to: RSS, My Yahoo, Newsgator, Bloglines