HF 426 (LSB 1413YH (3) 87)

HOUSE FILE 426

BY  PETTENGILL, VANDER LINDEN, and JONES

A BILL FOR

An Act regarding the supervision of physician assistants by physicians and providing for emergency rulemaking authority, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 148.13, Code 2017, is amended by adding the following new subsection:
   NEW SUBSECTION.  01.  a.  The board of medicine shall adopt rules regarding the supervision of a licensed physician assistant by a physician, notwithstanding any provision to the contrary.
   b.  The board shall adopt emergency rules under section 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph “b”, to implement the provisions of this subsection. Any emergency rules adopted in accordance with this subsection shall also be published as a notice of intended action as provided in section 17A.4.
    Sec. 2.  Section 148C.1, subsection 4, Code 2017, is amended to read as follows:
   4.  “Licensed physician assistant” means a person who is licensed by the board to practice as a physician assistant under the supervision of one or more physicians. “Supervision” does not require the personal presence of the supervising physician at the place where medical services are rendered except insofar as the personal presence is expressly required by this chapter or required by rules of the board of medicine adopted pursuant to this chapter 148.
    Sec. 3.  Section 148C.3, subsection 2, Code 2017, is amended by striking the subsection.
    Sec. 4.  Section 148C.4, subsection 2, paragraph b, Code 2017, is amended to read as follows:
   b.  A physician who supervises a physician assistant providing medical care pursuant to this subsection shall not be required to meet the requirements of rules adopted pursuant to section 148C.3, subsection 2, by the board of medicine relating to supervision by physicians. A physician providing physician assistant supervision pursuant to this subsection or a physician assistant, who voluntarily and gratuitously, and other than in the ordinary course of the physician assistant’s employment or practice, responds to a need for medical care created by an emergency or a state or local disaster shall not be subject to criminal liability by reason of having issued or executed the orders for such care, and shall not be liable for civil damages for acts or omissions relating to the issuance or execution of the orders unless the acts or omissions constitute recklessness.
    Sec. 5.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires the board of medicine to adopt emergency rules regarding the supervision of a licensed physician assistant by a physician. The bill removes the authority of the board of physician assistants to adopt administrative rules regarding the supervision of physician assistants by physicians. It also modifies references relating to the sources of the rules regarding the supervision of physician assistants by physicians. 
   The bill takes effect upon enactment.