ACP warns physicians of 'government overreach'

The American College of Physicians (ACP) is recommending that state and federal governments adopt seven principles to avoid passing legislation that interferes with the patient-physician relationship and appropriate care.

Essentially, ACP's guidelines would eliminate regulatory requirements creating "undue burdens" that may limit access to healthcare or unnecessarily divert from the time physicians spend with their patients.

Several states have proposed or passed laws that interfere with appropriate clinical practice, according to the organization. These laws:

• Require physicians to discuss specific practices that in the physician's best clinical judgment are not individualized to the patient
• Require physicians to provide diagnostic tests or medical interventions that are not supported by evidence or clinical relevance
• Limit information that physicians can disclose to patients

ACP recommended that physicians be allowed to discuss or ask their patients about risk factors. Physicians should also be allowed to disclose information to patients that may affect their health or the health of their families, sexual partners, and others they may come in contact with, according to ACP.

Physicians should also use evidence-based clinical data adapted to individual patient circumstances. "Statutory and regulatory standards of care may become 'set in concrete' and not reflect the latest evidence and applicable medical knowledge," ACP wrote.

One example of government overreach, ACP noted, is a set of laws in Connecticut, Texas, and Virginia that require physicians who provide mammograms to notify women about their breast density and the potential benefits of additional screening.

While the intention may be good, California Gov. Jerry Brown vetoed similar legislation, stating that such breast density information could create unnecessary anxiety in women.