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Home/Legal & Regulatory and Reimbursement/Florida Orthopedists Oppose Parents’ Bill of Rights
Legal & Regulatory and Reimbursement

Florida Orthopedists Oppose Parents’ Bill of Rights

June 7, 2021 1 min read Premium comments

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#floridaorthopaedicassociation#parentsbillofrights

The Florida Orthopaedic Association is among a number of physician groups that sent a letter to Florida Governor Ron DeSantis expressing their opposition to the proposed Parents’ Bill of Rights.

Florida House Bill 241 establishes the Parents’ Bill of Rights. The bill provides a list of parental rights regarding a minor child’s upbringing, education, health care, and mental health. The bill provides that the government may not “infringe upon the fundamental rights of a parent.”

According to the bill’s summary, it “requires a parent’s permission before a health care practitioner may provide services, prescribe medicine to the child, or perform a medical procedure, unless otherwise provided by law.” A health care practitioner who violates the health care provisions of the bill can be charged with a misdemeanor and may be subject to disciplinary action.

In response to the bill, Florida physician leaders sent a letter to Governor DeSantis urging him to veto the bill. The letter had signatures from physician leaders of the following organizations: Florida Medical Association, Florida Osteopathic Medical Association, Florida Orthopaedic Association, Florida Chapter of the American Academy of Pediatrics, Florida Chapter, American College of Surgeons, Florida Academy of Family Physicians, and Duval County Medical Society.

A letter requesting the veto highlighted the problems physicians could face if the bill passes. The letter stated, “Many physicians in Florida volunteer their time to serve as team physicians for a variety of high school, middle school, and elementary athletic events. Physicians also serve at many non-school sponsored team events, and many are asked to intervene even when simply observing an event.”

The letter continued, “Imagine the dilemma of seeing a child sustain a spinal cord injury from a fall, being present and able to provide emergency medical assistance that might save that child’s life but being legally prohibited from doing so unless the parent was present to provide written consent.”

The bill received legislative approval on April 22, 2021. If Governor DeSantis approves the bill, it would take effect July 1, 2021.

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Discussion

14
DS
Dr. Sarah MitchellOrthopedic Surgeon · Mayo Clinic

This is a fascinating development. In my practice we've seen similar outcomes with the revised protocol. The key differentiator seems to be patient selection criteria. Has anyone else noticed the correlation with BMI thresholds?

8
JT
James Thornton, MDSpine Fellow · HSS

Great point. I'd push back slightly on the conclusion, the sample size in the cited study is too small to draw population-level inferences. That said, the directional signal is compelling and worth a larger RCT.

5
RP
R. PatelSports Medicine · Stanford

We implemented a similar approach last year. Early results are promising but we're still gathering 12-month follow-up data. Happy to share our protocol if anyone is interested.

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