Sunday, September 11, 2005

Handsitting in the Governor's Office

Robert Washington at International House of Punditry takes Governor Blanco to task for a mistake we hadn't yet heard about. It appears that Mr. Washington's father is a doctor licensed in Wyoming but not in Louisiana. He and numerous other doctors went to Louisiana to render medical care to those who needed it but Governor Blanco waited several days to sign the waiver that allowed them to practice in her state. For four days after the hurricane all that medical expertise sat on its hands waiting for the Governor to act.

Here's the relevant portion of the story:

A lot of doctors (including him) rushed to New Orleans (at their own expense) to help in the effort. Doctors (especially in refugee centers like the convention center and the Superdome) were overworked and there weren't enough to deal with the health needs of refugees.

Dad doesn't have a license to practice medicine in Louisiana. He's licensed in Wyoming. Since licenses are issued by states, it's illegal for him to practice medicine in a state where he's not licensed. He can't (for example) just drive to South Dakota and go to work in a hospital there. He would need to be licensed by that state's medical board. He holds licenses in multiple states, but not Louisiana.

In emergencies like natural disasters it's normal for states to suspend this requirement and offer temporary reciprocity with the other 49 states, recognizing their licenses as being valid in the affected state. In an emergency, who cares where your doctor's license comes from? Usually this requires a proclamation from the governor stating that there's an emergency and that out-of-state licenses will temporarily be as good as in-state licenses.

In Louisiana, it took several days for the governor to issue such a proclamation. Meanwhile, doctors from all over the country just sat around in New Orleans, unable to do anything. Before you say "they should have helped people anyway" you should know a little about what could happen to them if they did. Practicing medicine without a license recognized in the state you're in is a major crime, usually a felony with a long prison sentence. Even if the state doesn't prosecute you for it, doing it voids your malpractice insurance which means you may lose your ability to practice anywhere. And if Dad practiced medicine without a license in Louisiana, he could face disciplinary action here in Wyoming. Committing a felony (even in another state) is often just cause for stripping someone of their medical license. And if anyone he treated in Louisiana later sued him for malpractice, he would have no insurance and no defense. Under the law, all unlicensed medical practice is malpractice, even if you don't do anything wrong.

These laws are designed mostly to protect people from impostors who aren't really doctors or who have lost their license for some reason. But they apply as much to people with out-of-state licenses as people with no licenses at all.

So how long did the governor of Louisiana take to issue the proclamation allowing out-of-state doctors to practice there? Several days. She didn't issue it until September 2, and even then some doctors in the state couldn't even find out it was issued because they didn't bother to tell much of anyone. The only reason my dad found out is because someone from the medical licensing board in Texas managed to get a copy and did everything you can imagine to get word to doctors on the scene.

A lot goes on in a disaster, so maybe you're thinking the governor of Louisiana had too many things to worry about. I think that's bulls**t. Preparing for a disaster means making lists of the things you're supposed to do when disaster strikes. Issuing a reciprocity proclamation is standard procedure. Other states have done it the same day as other disasters. New York issued theirs on 9/11. Florida has issued them several times as hurricanes struck. Someone is supposed to have the list and make those things happen. In the meantime, the governor of Louisiana was all over tv, bawling her eyes out and tearfully congratulating herself and other politicians.

In Mississippi, the reciprocity proclamation was issued days earlier. I guess their governor spent less time on tv and more time doing his job.

The waiver was issued four days after the storm. If FEMA had been this slow the media would be roasting them on a spit for it. Tim Russert would be calling for Chertoff's scalp. Will we hear calls for Ms Blanco to resign her office? Nah, she's a Democrat.