By: Michael Gough

The fall swing of our campaign kept its promise in being an active legislative period – and some. With the budget clearly behind us, the legislators were ready to get back to business as normal. I have broken down the legislative progress of our bill into three different arenas that we are currently dealing with in our campaign.

Assembly

The perfusion licensing bill came across a stumbling block in the Assembly during the end of October.  The individual who is responsible for scheduling bills for a vote on the Assembly floor, Rep. Foti (Oconomowoc-R), took considerable exception to the progress our bill.  First, there were purely political issues that he had with our bill (mainly previous legislative actions by our lead author).  Second, it is his belief that licensing bills should contain NO grandfather clauses.  One can begin to identify with the frustrations that emerge when the implementation of true policy ends and the unattractive side of politics begins.  Unfortunately, this is a reality in the political arena.  After much consternation, we were able to identify some middle ground with Rep. Foti that would allow him to claim victory and insure that all practicing perfusionists would be able to obtain a license to practice perfusion.  Rep. Foti was looking to extend the grandfather clause out to require individuals to have been practicing the previous ten years.  This is a significant clinical requirement and is not what I would wish for, but I firmly believe that the bill would be tabled if we did not make this consolation.  Most importantly, I either spoke with or received positive information regarding each individual perfusionist in the state whom would be affected by this measure.  There is NOT (to the best of my knowledge) one individual in the state that would be negatively impacted by this change in the bill. 

Amendment 2 to our bill reads as follows, “Page 11, line 2; delete lines 2 to 14 and substitute “that the individual has, for all of the 10-year period before the effective date of this paragraph, been practicing perfusion.””

After coming to a concession with Rep. Foti on the grandfather clause, our bill was scheduled for a vote on the Assembly floor on November 6th and was passed out of the house in a landslide vote of 94 to 4.  Here are some other notes from the successful passage of our bill in the Assembly.

  • The bill passed the Assembly with a vote of 94 AYES to 4 NAYS.  The four individuals who voted against Assembly Bill 256 were Reps. Grothman (West Bend – R), Krug (Milwaukee – D), Riley (Milwaukee – D), Underheim (Oshkosh – R).
  • Of special note, Rep. Underheim voted in opposition to our bill, but did take a somewhat reserved position on it – Ron was going to thank him for his “efforts”.  Rep. Foti also voted in support of our bill, he felt that because we made concessions with him to get the bill scheduled, that he should, in good faith, support our efforts.
  • The bill was not dipped out of the Joint Finance Committee, but that should not present that large of a problem.  It was also expedited to the Senate so the Senate will now take on the Assembly bill in full (including amendments).
  • A successful legislative process will see the bill now being passed out of the Senate (and Joint Finance Committee) before being sent to the Governor’s desk for final signing into law.

Senate

In the Senate, David Malkow and myself gave testimony during a public hearing to the Committee on Health, Utilities, Military, and Veteran’s Affairs regarding our bill (SB-108) on October 16th.  The hearing itself went very well.  This was due in part to the fact that either our lobbyist or myself was able to meet with each of the members of the committee and address any concerns he/she may have had before the actual testimony.  As you can imagine, I was quite surprised to hear from our lobbyist the next day that Sen. Moen’s office (chair of Health Comm.) had contacted Ron and expressed an opinion that perfusion should be certified and not licensed.  After considerable distress on the matter, we were able to meet with Sen. Moen and further present our argument to him that licensing would be the BEST level of regulation of perfusion; ironically, based mainly on information he supplied us.  Although he lacked an overwhelming acceptance of our position, Sen. Moen agreed to reevaluate the situation and to let us know in the near future what his position would be.  Fortunately, we have considerable support from the rest of the members of the Senate Health Committee.  Our lead author (Sen. Jon Erpenbach – also a member of the Health Com.), who has been instrumental in our campaign, is maintaining a firm position with Sen. Moen for the need of licensing perfusion.  I am remaining cautiously optimistic that we will be able to persuade Sen. Moen for the need to license and not certify perfusion.

The legislators were on holiday break that spanned November 8th to after the first of the year.  Not much progress was made with Sen. Moen during that time.  Recent reports (01/25/020) from our lobbyist and bill author continue to have Sen. Moen maintaining a firm position of wanting to certify perfusion rather than license our profession.  We are continuing to work with our lead author and lobbyist to determine what information needs to be stressed to the Senator. 

As you should be able to see, Sen. Moen is now the lynch pin for the progression of our bill in the Senate.  Shortly after the public hearing in the Senate Health Committee, Sen. Moen requested a position statement/response from the Department of Regulation and Licensing regarding our legislative efforts.  To further understand Senator Moen’s and the DORL’s position, I would suggest you take a moment and read the letter that Secretary Herrera wrote to Sen. Moen regarding our legislative campaign. 

            Please Link to the Following Documents:

Letter from Sec. Herrera of the DORL regarding the Licensing of Perfusion

WPS Response to Sec. Herrera’s Letter

Credentialing Criteria Table Supplied by the DOR

A brief history on the DORL:

·        State agency that is responsible for issuing the appropriate credential to regulated professions within the state of Wisconsin.

·        The Secretary of the DORL is an appointed position by the Governor and reports to him on potential regulatory matters.

·        Sen. Moen has a very good working relationship with the DORL.  It is not surprising that they walk away from a conversation with a similar position on a matter.

 

It would certainly be beneficial to our campaign to have physicians write letters to the Senate Committee on Health, Utilities, Veterans and Military Affairs urging them to consider the following thoughts in regards to SB-108 Licensing of Perfusion:

·        Read the Credentialing Criteria Table that was supplied by the DORL so you are fluent with the different levels of regulation and what they entail.

·        Certifying perfusion could not be applied with the same success that the state has seen with other certified professions due to the manner in which perfusion operates in the health care system.

·        Licensing of perfusion is the only logical choice of regulating perfusion to properly provide the public the degree of protection that is congruent with the potential harm associated with a perfusionist’s scope of practice.

·        Please contact me if there is a need for any other clarification.

Senator Rod Moen
Wisconsin State Senate
122 South, State Capitol
PO Box 7882
Madison, WI  53707-7882

Governor’s Office

Despite our “hang-up” in the Senate, we must begin to look beyond our current dilemma and focus the membership’s grass root support/legislative efforts towards the state’s executive office. We must undertake another letter writing campaign, in much the same manner as we sent letters to our legislators, but this time to Governor McCallum’s office.  I have enclosed a form letter to provide some assistance in this task.  I would however, suggest some divergence from the standard letter to provide a certain degree of uniqueness to your correspondence with the Governor.  This creates a much more attractive letter writing campaign on our behalf rather than having him receive 75 identical form letters. 

            Please link to this exampl:

·        Perfusionist’s letter to the Governor

It would also be very advantageous to solicit letters from any and all individuals who may have written their legislators on our behalf earlier in our legislative campaign.  Take a moment and bring these people involved with our “cause” up to speed on the progress of our campaign.  Let them know how much their previous efforts were appreciated and how they also paid dividends (letters from the MD’s carry a lot of weight with the legislators).  Then continue to thank them for any further involvement.

We have a meeting scheduled with the Governor’s staff on the 30th of January.  They have also expressed a desire to observe surgery.  I find that to be extremely exciting.  Due primarily to the fact that many of the problems we have had convincing legislators of the need to license perfusionists quite often lies with their lack of a comprehensive understanding of the role we play in the care of a patient during heart surgery.  If we can get them or anybody, in to see surgery …… I firmly believe they will walk away from the experience in agreement with the need to license perfusion.

Other Updates:

·         There was a nice article written in the Capital Times on October 26th regarding our legislative efforts – a special thanks to the St. Mary’s perfusion staff for their input.

·        Please note a correction in the January mailing soliciting all members to write to Governor McCallum.  The correct date in which AB-256 passed out of the Assembly was November 6, 2001.

·        Our meeting with the Governor’s staff (Lisa Hardt and Marc Dennison) was very informative for them.  I am excited that they have expressed a genuine interest in observing cardiac surgery with David Malkow and the other perfusionists at St. Mary’s Hospital.  This is an enormous plus for our “position” to have aids this close to the Governor see first hand the responsibilities and actions of a perfusionist during surgery.

 

***** Significant Progress on the Senate Bill *****

02/04/02

·        Through Ron Hermes and Sen. Erpenbach, it is reported (and verified) that Sen. Moen is going to have an executive vote on the AB-256 on February 20th (they are taking up the Assembly version of the bill) in the Health Committee with a large “companion” to that thought:

·        The big “companion” is that Sen. Moen will first present an amendment to the committee changing the bill from a licensing bill to a certification bill.  The committee will have to vote on the amendment before they can conduct an executive vote on the bill.

·        Sen. Moen said he “will not lobby the other committee members to vote for his amendment”.  At first I gave this statement little attention, but after speaking with the other Democratic committee members, this action is unprecedented to the manner in which Sen. Moen operates.  It is understood that if you are a democratic member and your partisan chair introduces an amendment – you had better be voting with him or there would be #$!! to pay.  The other democratic members of the committee went as far as to say they wanted to hear this from Sen. Moen directly (Sens. Breske and Meyer).  Sen. Meyer did in fact run down to Moen’s office, in the middle of meeting with us, to ascertain the certainty of what we were told – he returned informing us that our understanding of Sen. Moen’s position is correct.

·        If the amendment is not passed (we believe we have the necessary votes to reject it), Sen. Moen will then proceed to hold an executive vote on the bill without the certification amendment.

·        Despite not having direct support for our bill from Sen. Moen, we should still be appreciative for his “consideration” in the matter.  We certainly owe an enormous debt of gratitude to Sen. Erpenbach for being THE champion of our bill and essentially getting Sen. Moen to take the position he did.

·        If the bill is passed out of the Health Committee on the February 20th, Sen. Chvala has given us a preliminary indication that it will be scheduled for a vote on the Senate floor on March 7th.

·         IF things proceed as hoped, the Perfusion Licensing Bill could be won the Governor’s desk for his signature by the end of the month.  That does not leave much time for everyone to do their part and construct a couple of letters urging our Senators (by the 7th of March) to support the bill and the Governor to sign it into law.  Again, these communications do not necessarily have to be a lengthy dialogue about the merits of the bill, but more an attempt by a constituent to voice his/her concern in the matter. 

 

 

**************  Senate Health Committee Hearing  ***************

02-20-02

Perfusion Licensing Bill is Passed Out of the Senate Health Committee with

a vote of   7 to 0    (2 open/uncast votes) !!

 

·        After a long anticipated executive vote by the Senate Health Committee, we unexpectedly not only saw Chairman Moen vote against his own amendment to change the bill to certification (it did not pass - 0 to 8), but ultimately saw him vote in favor of passing our bill out of committee.  We sincerely could not have asked for a better result.

·        As expected Sen. Moen introduced an amendment to change the perfusion licensing bill to a certification bill.  But in a complete surprise, he decided to vote with the majority against his own amendment and ultimately vote in favor of passing the licensing bill out of the committee.  Now the bill will go to the Senate Organizational Committee which is responsible for scheduling the bills for floor votes.  However, because the Senate Org met today to set the agenda for February 26th, we were not able to get on the calendar for that floor date.  We have had conversations with Sen. Chvala and are anticipating the Senate Org committee to schedule (at their next agenda meeting - 27th February) our bill for a vote on March 7th.  This is certainly one of those times to reach out to your Senator, if you haven't spoken to them lately on the issue, and refresh their minds on the importance of supporting the Perfusion Licensing Bill (AB-256) when it gets introduced to the floor for the vote.

·        We now have the luxury of being able to claim the bill has passed out of the Senate Health Committee with a unanimous vote and a vote of affirmation from the chairman.

·        Everyone should have received a letter from the Legislative Task Force urging them to take part in a letter writing campaign to the Governor.  If things fall in order as we hope they will (solid support from the entire Senate), the bill should be on the Governor's desk shortly after the 7th of March.  At which time WE need to create a compulsion for him to sign the bill into law as an act.  Send a letter to Governor McCallum and solicit the support of a couple of colleagues to do the same.

·        A special "salute" needs to go out to James Brown and the perfusion staff at St. Mary's Hospital.  James made a last minute contact with his Senator (Robson) which solidified her vote in favor of our bill.  You would be very surprised at how obligated a legislator can become when a constituent voices their concern on a matter - thus taking the "no obligation vote" off the table.

·        David Malkow and the rest of the perfusion staff at St. Mary's where kind enough to play host to two of the Governor's aids today as well.  This was a great opportunity for us to get up-close and personal with influential gubernatorial people regarding the responsibilities of a perfusionist.  The visit will certainly pay dividends when the bill lands on the Governor's desk.

·        This means we have cleared hurdle #3 of 5.  The last two remaining are the Senate floor vote and the Governor's signature.  So take a few moments....send a couple of emails/write a couple of letters and hopefully you will be hearing from me with more good news in a couple of weeks.

·        In any correspondence with your Senators, simply refer to our bill, " that we are anticipating the bill to be scheduled for a vote on the Senate floor on the 7 of March".

 

Writing a letter to the Governor and your state Senator are, without a doubt, the most important actions YOU can take to help in the success of our legislative campaign!!!

As you can see, this is a very dynamic and exciting time in the legislative process.  I will try to keep you as informed as possible, but if you have any particular concerns….please feel free to contact me personally.





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