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Hospital privileges in NE rarely sought, used
(May 2004 Issue)

By Ami Albernaz

The authority of psychologists to direct patient care in hospitals is often ambiguous and sometimes contested. Those who favor such privileges say that they allow for continuity and consistency of care, while others say they have little practical effect. In the 17 states in which hospital privileges for psychologists are on the books, it is individual hospitals that ultimately decide how they are carried out.

The issue has recently come to a head in California, where in spite of a state law granting psychologists hospital privileges, psychologists are said to be shut out of primary care duties within hospitals. Some hospitals there are reluctant to turn over primary patient care to psychologists, leaving these responsibilities solely to psychiatrists. The California Psychological Association is considering legal action to enforce the law.

While the California case is an example of the inconsistencies in enforcing hospital privileges, similar ambiguities exist in some New England states. Connecticut is the only one of the six states to have a hospital privileges law on the books. Yet it has had little practical effects, says David Greenfield, Ph.D., who was instrumental in the passing of the legislation.

"The law is fairly watered-down," he says. "It says that hospitals can offer privileges, not that they have to." (California's ruling is similarly non-committal, stating that "A patient may receive both medical and psychological treatment. Nothing in the statutes requires that if he receives both, the physician…must be 'the captain of the ship.'") Even where hospital privileges are extended to psychologists in Connecticut, Greenfield says, they are not always straightforward, for several reasons.

"The market has changed considerably since the law was passed," he explains. Because of the terms of insurance plans, hospitalizations now tend to be short, which makes it unfeasible economically for psychologists in private practice to travel to and from hospitals to administer patient care. Meanwhile, both private and hospital staff psychologists have restricted autonomy in determining the courses of care for their patients.

"Nursing practice laws haven't been updated to reflect hospital privileges for psychologists," Greenfield adds. "So I can say, 'This patient is to be admitted or discharged,' and it doesn't matter," since older laws governing whose orders nurses can act upon have not been changed.

A larger issue, he suggests, is prescription privileges. If psychologists had such privileges, patient care would be less fragmented. "You [now] need two authorities [the psychologist and a medical doctor] instead of one, so it gets complicated," he says. "If we had prescription authority, that would probably be more of a help."

Because Connecticut's hospital privileges have had little practical effect, Greenfield knows of few psychologists who use them. In part because of the sorts of obstacles that Connecticut psychologists still face, there has not been a call for hospital privileges in other New England states.

Massachusetts psychologists have not pursued privileges because hospitals make the final call anyway, says Elena Eisman, Ed.D., executive director of the Massachusetts Psychological Association. Sheila Comerford and Kirsten Singleton, executive directors of the Maine and New Hampshire Psychological Associations, respectively, say the issue has been dormant in their states. In states without hospital privileges written into law, some individual hospitals have decided to include psychologists on their medical staffs.

The Maine General Medical Center in Waterville has 23 credentialed staff psychologists, as well as others who work on a consulting basis. "Their privileges are quite extensive," says Jan Quattrucci, manager of medical staff services for the center. While the psychologists do not have admitting privileges, they are permitted to advise as to the course of care for their patients. "In general, the psychologists [affiliated with the center] who work primarily in private practice do not use the privileges often, but they will use them to allow for continuity of care should a patient of theirs be hospitalized."

Quattrucci adds that the Waterville center is by no means reflective of the state as a whole. "Another Maine hospital may do things very differently," she says.

In the absence of a concerted effort to inscribe hospital privileges for New England psychologists into state law, the granting of those privileges will likely remain with individual hospitals. Greenfield, however, says that other hospital-related legislation has been of more use. He notes a Connecticut law through which psychologists can legally hospitalize patients against their wills. "That probably has done more to benefit patients," he says. As for the future, he adds that prescription authority is what is needed for psychologists to truly have authorities in hospital settings.

"From a hospital's perspective, psychologists are social workers with greater senses of entitlement," he says. "We can test, but testing is just not a bargaining chip at this point."