Malpractice Tail Requirement Repealed:   This past Spring the FMA legal staff began to research the issue of the Board of Medicine's requirements for tail insurance.The Board had two rules in place: one required that if a physician chose to meet his financial responsibility requirements by carrying malpractice insurance, he had to also carry two years of tail insurance - this required a separate policy if a physician changed carriers. The second rule required that if a physician chose to go bare, he had to carry two years of tail insurance. On May 2, 2002, the FMA appeared before the Board of Medicine's Rules Committee and argued that the Board lacks the legislative authority for these two rules. In addition, the FMA pointed out that the Board was requiring the impossible, in that tail coverage is often unobtainable, or is so expensive it is impossible to obtain. The Rules Committee recommended to the full Board that the rules be repealed and on May 8, 2002 the full Board voted to repeal the rules. The repeal is effective as of June 14, 2002. As of that date, a physician who chooses to drop his malpractice insurance and go bare will no longer be required to carry two years of tail insurance. And physicians who carry malpractice insurance will no longer have to cover the previous two years - this is particularly important due to the number of physicians being forced to change malpractice carriers.  If you have any questions regarding these changes, contact the FMA's legal department at legal@medone.org. Singer Xenos does not provide legal advice. Please consult with your own legal counsel.