On December 26th, the Governor vetoed S5294-A/A7431-B, a piece of legislation that would have authorized three classes of electric assist bicycles and electric scooters to operate in New York State, subject to local regulation.

His veto message said the bill overwhelmingly passed by lawmakers this year didn't include enough safety measures, such as a helmet requirement. “Failure to include these basic measures renders this legislation fatally flawed," he said. He also cited recent accidents including the November death of a 16-year-old boy in Elizabeth, N.J., who was struck by a tow truck while riding a rental scooter.

In a tweet, the Governor said "There is no need for us to choose between legalizing e-bikes and safety, and I will propose a bill that does both on January 8."

The NY Chapter ACS will be monitoring the new proposal in 2020.

The American College of Surgeons (ACS) 2020 Nominating Committee of the Fellows (NCF) and the Nominating Committee of the Board of Governors (NCBG) will be selecting nominees for leadership positions in the College as follows:

Call for Nominations for Officers-Elect

The 2020 NCF will select nominees for the three Officer-Elect positions of the ACS: President-Elect, First Vice-President-Elect, and Second Vice-President-Elect. The deadline for submitting nominations is February 21, 2020.

Call for nominations for Board of Regents

The 2020 NCBG will select nominees for four pending vacancies on the Board of Regents to be filled at Clinical Congress 2020. The deadline for submitting nominations is February 21, 2020.

 Full details regarding the submission process can be found on the ACS website.

Governor Andrew M. Cuomo announced today that the 2020 State of the State Address will be held in the Empire State Plaza Convention Center in Albany on January 8 at 1:30 PM.

New Yorkers wishing to attend should visit the Governor's homepage to register between December 20th at 12:00 PM and December 30th at 5:00 PM.

The American College of Surgeons (ACS) is pleased to offer a limited number of scholarships to Resident Members of the American College of Surgeons who are interested in attending the upcoming Leadership & Advocacy Summit, March 28–31, 2020, at the Renaissance Downtown Hotel in Washington, DC. The ninth annual Summit is a dual meeting that offers volunteer leaders and advocates specialized educational sessions focused on effective surgeon leadership, interactive advocacy training, and coordinated visits to Congressional offices.

 The award will cover up to $500 in housing and transportation costs.

Full details about the awards and how to apply can be found at the following link: https://www.facs.org/advocacy/participate/summit/resident-awards. The deadline to apply is Friday, January 10, 2020.

The Commission on Cancer (CoC) is pleased to announce that its new accreditation standards, Optimal Resources for Cancer Care (2020 Standards), are now available for download.

Download Optimal Resources for Cancer Care (2020 Standards)

The CoC hosted a high-level introductory webinar on the 2020 Standards on November 18. Links to the webinar recording and slides are available below.

CoC Overview 2020 Standards Webinar Recording

CoC Overview 2020 Standards Webinar PowerPoint

Upcoming Education Opportunities

Workshops

• April 22–24, 2020—Rosemont, IL (CoC/NAPBC joint workshop)
• August 27–29, 2020—Denver, CO

Online Education

• Online series with tips for each standard—To be released early 2020
• CAnswer Forum LIVE 2020—Six webinars beginning in February 2020

National Meeting Presentations

• Association of Cancer Executives—January 22–24, 2020, New Orleans, LA
• National Cancer Registrars Association—May 31–June 3, 2020, Lake Buena Vista, FL

Governor Cuomo has signed into law legislation (S.1092-E/A.6325-C) that prohibits the performance of a pelvic examination without consent on an anesthetized or unconscious patient, except when clinically warranted.   The law takes effect on April 4, 2020.

The law was designed to respond to reports of medical students being asked to perform such exams, without express patient consent, as part of their medical training in teaching hospitals. 

Specifically, the legislation provides that “No person shall perform a pelvic examination or supervise the performance  of  a  pelvic examination on an anesthetized or unconscious patient unless the person performing the pelvic examination is legally authorized  to do so and the person supervising the performance of the pelvic examination is legally authorized to do so and:

• The patient or the patient’s authorized representative gives prior oral or written informed consent specific to the pelvic examination;
  
  
• The performance of a pelvic examination is within the scope of care for the surgical procedure or diagnostic examination scheduled to be performed on the patient and to which the patient has  already given oral or written consent; or
  
  
• The patient is unconscious and the pelvic examination is medically necessary for diagnostic or treatment purposes, and the patient is in immediate need of medical attention and an attempt to secure consent would result in a delay of treatment which would increase the risk to the patient’s life or health.”

This bill also makes violation of such provision an element of physician misconduct.

Several other states have passed similar laws expressly banning this practice without clinical justification.

The American College of Obstetricians & Gynecologists have issued an ethical opinion that “Pelvic examinations on an anesthetized woman that offer her no personal benefit and are performed solely for teaching purposes should be performed only with her specific informed consent obtained before her surgery”.

The New York Workers’ Compensation Board Drug Formulary (NY WC Formulary) becomes effective on December 5, 2019.

All new prescriptions for injured workers in New York State must be listed within the NY WC Formulary unless an alternative medication has been approved through the NYS Workers’ Compensation Board’s new prior authorization process.

The new electronic prior authorization process will soon be available through the Board’s Medical Portal; please watch for the notification.

Please visit the Board’s Drug Formulary Overview webpage for:

• An overview of the NY WC Formulary and the prior authorization process
• The latest version of the NY WC Formulary (effective 11/5/19)
• A video overview for Medical Providers
• A Quick Guide to the NY WC Formulary
• An NY WC Formulary Dashboard Guide for Medical Providers

Information and resources related to requesting prior authorization through the Board’s Medical Portal, can be found on the Board’s Medical Portal Overview webpage.

For more information or assistance: http://www.wcb.ny.gov/content/main/hcpp/DrugFormulary/overview.jsp

The NY Chapter of the ACS has worked with MSSNY and numerous physician advocacy groups in support of multiple pieces of legislation to reduce physicians’ administrative burden to ensure that their patients can receive the medications they need. Recent successes  include a law that gives physicians greater authority to override a health insurer “step therapy” or “fail first” prescription medication protocol in certain circumstances. 

However, there is still work to do to  reduce the need for unnecessary and repetitive prior authorizations that take time away from your patient care delivery.  During its annual advocacy day event, the NY Chapter advocated in support for prior authorization reform > read more

MSSNY has developed a survey to obtain data regarding the extent of your  prior authorization hassles.

We encourage you to take part in this survey and to help us educate the legislature on the necessity for reform!  Complete the survey

On Tuesday, November 19th, State Attorney General Letitia James announced a lawsuit aimed at JUUL Labs.  In it, the company is accused of using deceptive and misleading marketing in the sale of its e-cigarettes. The suit alleges the practice contributed to the youth vaping epidemic in New York.

According to James’ office, JUUL illegally sold its products to minors though its website and third-party retail stores throughout the state resulting in  a large number of young people to become addicted to nicotine. In addition, the suit alleges the company misrepresented its products as a safer alternative to traditional cigarettes.

“There can be no doubt that JUUL’s aggressive advertising has significantly contributed to the public health crisis that has left youth in New York and across the country addicted to its products,” James said in a statement. “By glamorizing vaping, while at the same time downplaying the nicotine found in vaping products, JUUL is putting countless New Yorkers at risk.”

The New York State Department of Health says there have been 42 deaths and 2,172 cases of severe vaping-related illnesses across the country, including 146 cases in New York.

The New York Chapter ACS strongly recommends that every effort be made to prevent the initiation of e-cigarettes by youth and adults. The use of products containing nicotine in any form is unsafe and in youth can harm brain development. Furthermore, evidence indicates that young e-cigarette users are at increased risk for both starting to smoke and becoming long-term users of combustible tobacco products. > Read our statement on e-Cigarette, Cannabis and Tobacco Use

The American College of Surgeons Young Fellows Association (ACS YFA) Communications Committee is developing a series of short, animated videos to explain how to establish and maintain an online presence as a surgeon.

The first video, available on the ACS website, discusses the three types of websites: canned databases, personal websites, and professional society profiles. Watch the first video in the series and make sure to check back soon as more are added.