House File 424 - EnrolledAn Actproviding for the collaborative practice of physician
assistants by allowing for the practice of certain physician
assistants without supervision by a physician.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
   Section 1.  Section 135.24, subsection 7, paragraph d, Code
2023, is amended to read as follows:
   d.  “Health care provider” means a physician licensed under
chapter 148; a chiropractor licensed under chapter 151; a
physical therapist licensed pursuant to chapter 148A; an
occupational therapist licensed pursuant to chapter 148B;
a podiatrist licensed pursuant to chapter 149; a physician
assistant licensed and practicing under a supervising physician
pursuant to chapter 148C; a licensed practical nurse, a
registered nurse, or an advanced registered nurse practitioner
licensed pursuant to chapter 152 or 152E; a respiratory
therapist licensed pursuant to chapter 152B; a dentist, dental
hygienist, or dental assistant registered or licensed to
practice under chapter 153; an optometrist licensed pursuant
to chapter 154; a psychologist licensed pursuant to chapter
154B; a social worker licensed pursuant to chapter 154C; a
mental health counselor, marital and family therapist, behavior
analyst, or assistant behavior analyst licensed pursuant to
chapter 154D; a speech pathologist or audiologist licensed
pursuant to chapter 154F; a pharmacist licensed pursuant to
chapter 155A; or an emergency medical care provider certified
pursuant to chapter 147A.
   Sec. 2.  Section 135G.1, subsection 8, Code 2023, is amended
to read as follows:
   8.  “Physician assistant” means a person licensed to practice
under the supervision of a physician as authorized in chapters
147 and
 chapter 148C.
   Sec. 3.  Section 135P.1, subsection 2, Code 2023, is amended
to read as follows:
   2.  “Health care provider” means a physician or osteopathic
physician licensed under chapter 148, a physician assistant
licensed and practicing under a supervising physician pursuant
to
chapter 148C, a podiatrist licensed under chapter 149, a
chiropractor licensed under chapter 151, a licensed practical
nurse, a registered nurse, or an advanced registered nurse
-1-practitioner licensed under chapter 152 or 152E, a dentist
licensed under chapter 153, an optometrist licensed under
chapter 154, a pharmacist licensed under chapter 155A, or
any other person who is licensed, certified, or otherwise
authorized or permitted by the law of this state to administer
health care in the ordinary course of business or in the
practice of a profession.
   Sec. 4.  Section 147.14, subsection 1, paragraph l, Code
2023, is amended to read as follows:
   l.  For the board of physician assistants, five members
licensed to practice as physician assistants, at least two of
whom practice in counties with a population of less than fifty
thousand, one member licensed to practice medicine and surgery
who supervises a physician assistant engaged in independent
practice or collaborates with
a physician assistant, one
member licensed to practice osteopathic medicine and surgery
who supervises a physician assistant engaged in independent
practice or collaborates with
a physician assistant, and two
members who are not licensed to practice either medicine and
surgery or osteopathic medicine and surgery or licensed as a
physician assistant and who shall represent the general public.
At least one of the physician or osteopathic physician members
shall be in practice in a county with a population of less than
fifty thousand.
   Sec. 5.  Section 147.107, subsection 4, Code 2023, is amended
to read as follows:
   4.  A Notwithstanding subsection 1 and any other provision
of this section to the contrary, a
physician assistant may
prescribe, dispense, order, administer, or procure prescription
drugs, controlled substances, or medical devices necessary to
complete a course of therapy pursuant to section 148C.4. Rules
relating to the authority of physician assistants to prescribe
drugs, controlled substances, and medical devices pursuant to
this subsection shall be adopted by the board of physician
assistants after consultation with the board of medicine and
-2-board of pharmacy.

   Sec. 6.  Section 147.107, subsections 5 and 6, Code 2023, are
amended by striking the subsections.
   Sec. 7.  Section 147.136A, subsection 1, paragraph a, Code
2023, is amended to read as follows:
   a.  “Health care provider” means a hospital as defined in
section 135B.1, a health care facility as defined in section
135C.1, a health facility as defined in section 135P.1, a
physician or an osteopathic physician licensed under chapter
148, a physician assistant licensed and practicing under a
supervising physician
under chapter 148C, a podiatrist licensed
under chapter 149, a chiropractor licensed under chapter 151, a
licensed practical nurse, a registered nurse, or an advanced
registered nurse practitioner licensed under chapter 152 or
152E, a dentist licensed under chapter 153, an optometrist
licensed under chapter 154, a pharmacist licensed under chapter
155A, a professional corporation under chapter 496C that is
owned by persons licensed to practice a profession listed in
this paragraph, or any other person or entity who is licensed,
certified, or otherwise authorized or permitted by the law of
this state to administer health care in the ordinary course of
business or in the practice of a profession.
   Sec. 8.  Section 147A.10, subsection 3, Code 2023, is amended
to read as follows:
   3.  An act of commission or omission of any appropriately
certified emergency medical care provider, registered nurse,
 or licensed practical nurse, or physician assistant, while
rendering emergency medical care under the responsible
supervision and control of a physician to a person who is
deemed by them to be in immediate danger of serious injury or
loss of life, shall not impose any liability upon the certified
emergency medical care provider, registered nurse, licensed
practical nurse, or physician assistant, the supervising
physician, physician designee, advanced registered nurse
practitioner, or any hospital, or upon the state, or any
-3-county, city or other political subdivision, or the employees
of any of these entities; provided that this section shall not
relieve any person of liability for civil damages for any act
of commission or omission which constitutes recklessness.
   Sec. 9.  Section 148C.1, subsection 5, Code 2023, is amended
by striking the subsection and inserting in lieu thereof the
following:
   5.  “Independent practice” means the practice of a physician
assistant that is organized as a professional corporation under
chapter 496C or a professional limited liability company under
chapter 489.
   Sec. 10.  Section 148C.1, subsection 8, Code 2023, is amended
by striking the subsection and inserting in lieu thereof the
following:
   8.  “Supervising physician” means a physician who supervises
the medical services provided by a physician assistant
engaged in independent practice consistent with the physician
assistant’s education, training, and experience.
   Sec. 11.  Section 148C.1, subsection 6, Code 2023, is amended
to read as follows:
   6.  “Physician” means a person who is currently licensed in
Iowa to practice medicine and surgery or osteopathic medicine
and surgery. Notwithstanding this subsection, a physician
supervising a physician assistant practicing in a federal
facility or under federal authority shall not be required to
obtain licensure beyond licensure requirements mandated by the
federal government for supervising physicians.

   Sec. 12.  Section 148C.3, subsection 2, Code 2023, is amended
to read as follows:
   2.  a.  Rules Joint rules shall be adopted by the board and
the board of medicine
pursuant to this chapter requiring a
licensed physician assistant to be supervised by physicians a
physician during the first two years of independent practice if
the physician assistant has not previously practiced under a
supervising physician or in collaboration with the appropriate
-4-physician or other health care professional for a period of at
least two years
. The rules shall provide that not more than
five physician assistants shall be supervised by a physician at
one time
 determine the terms of collaboration for a physician
assistant engaged in independent practice after the conclusion
of two years of practice under a supervising physician
. The
rules shall also provide that a physician assistant shall
notify the board of the identity of the physician assistant’s
supervising physician and of any change in the status of the
supervisory relationship.
   b.  For purposes of this chapter, “supervision” does not
require the personal presence of the physician at the place
where medical services are rendered except insofar as the
personal presence is expressly required by this chapter or by
rules of the board adopted pursuant to chapter 17A.
   Sec. 13.  Section 148C.4, subsections 2 and 3, Code 2023, are
amended to read as follows:
   2.  a.  Notwithstanding subsection 1, a physician assistant
licensed pursuant to this chapter or authorized to practice
in any other state or federal jurisdiction 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 may render such care that the physician
assistant is able to provide without supervision as described
in this section or with such supervision as is available
.
   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, 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
-5-emergency or a state or local disaster shall not be subject
to criminal liability by reason of having issued or executed
the orders for
 provided such care, and shall not be liable for
civil damages for acts or omissions relating to the issuance or
execution of the orders
 such care unless the acts or omissions
constitute recklessness.
   3.  The degree of collaboration between a physician
assistant and the appropriate member of a health care team
shall be determined at the practice level, and may involve
decisions made by the medical group, hospital service,
supervising physician, or employer of the physician assistant,
or the credentialing and privileging system of a licensed
health care facility. A physician shall be accessible at all
times for consultation with a physician assistant unless the
physician assistant is providing emergency medical services
pursuant to 645 IAC 327.1(1)(n). The supervising physician
shall have ultimate responsibility for determining the medical
care provided by the supervising physician-physician assistant
team
 A physician assistant shall be responsible for the
services performed by the physician assistant that are not
performed under the supervision of a physician
.
   Sec. 14.  Section 148C.5, subsection 1, Code 2023, is amended
to read as follows:
   1.  If the board commences a contested case hearing against
a physician assistant by delivering a statement of charges
and notice of hearing to the physician assistant, the board
shall deliver a copy of the statement of charges and notice of
hearing to the physician assistant’s supervising physician, if
applicable
.
   Sec. 15.  Section 148C.5, subsection 3, Code 2023, is amended
by striking the subsection.
   Sec. 16.  Section 148C.9, Code 2023, is amended to read as
follows:
   148C.9  Eye examination restricted.
   A physician assistant shall not be permitted to prescribe
-6-lenses, prisms, or contact lenses for the aid, relief, or
correction of human vision.
A physician assistant engaged
in independent practice
shall not be permitted to measure
the visual power and visual efficiency of the human eye, as
distinguished from routine visual screening, except in the
personal presence of a supervising physician at the place where
such services are rendered.
   Sec. 17.  Section 148F.7, Code 2023, is amended to read as
follows:
   148F.7  Limitation on provision of care and services.
   A licensed orthotist, prosthetist, or pedorthist may provide
care or services only if the care or services are provided
pursuant to an order from a licensed physician, a licensed
podiatric physician, an advanced registered nurse practitioner
licensed pursuant to chapter 152 or 152E, or a physician
assistant who has been delegated the authority to order the
services of an orthotist, prosthetist, or pedorthist by the
assistant’s supervising physician
 licensed under chapter 148C.
   Sec. 18.  Section 154F.2, subsection 1, paragraph a, Code
2023, is amended to read as follows:
   a.  Licensed physicians and surgeons, licensed osteopathic
physicians and surgeons, and licensed physician assistants,
and registered nurses acting under the supervision of a
physician or osteopathic physician, persons conducting hearing
tests under the direct supervision of a licensed physician
and surgeon or licensed osteopathic physician and surgeon,
or students of medicine or surgery or osteopathic medicine
and surgery pursuing a course of study in a medical school or
college of osteopathic medicine and surgery approved by the
board of medicine while performing functions incidental to
their course of study.
   Sec. 19.  Section 225C.6, subsection 4, paragraph c,
subparagraph (1), Code 2023, is amended to read as follows:
   (1)  A comprehensive set of wraparound services for persons
who have had or are at imminent risk of having acute or
-7-crisis mental health symptoms that do not permit the persons
to remain in or threatens removal of the persons from their
home and community, but who have been determined by a mental
health professional and a licensed health care professional,
subject to the professional’s scope of practice, not to need
inpatient acute hospital services. For the purposes of this
subparagraph, “mental health professional” means the same as
defined in section 228.1 and “licensed health care professional”
means a person licensed under chapter 148 to practice medicine
and surgery or osteopathic medicine and surgery, an advanced
registered nurse practitioner licensed under chapter 152 or
152E, or a physician assistant licensed to practice under the
supervision of a physician as authorized in chapters 147 and
 chapter 148C.
   Sec. 20.  Section 228.1, subsection 7, paragraph b, Code
2023, is amended to read as follows:
   b.  The individual holds a current Iowa license if
practicing in a field covered by an Iowa licensure law and
is a psychiatrist, an advanced registered nurse practitioner
who holds a national certification in psychiatric mental
health care and is licensed by the board of nursing, a
physician assistant practicing under the supervision of or in
collaboration with
a psychiatrist, a qualified mental health
professional physician assistant, a psychiatric advanced
registered nurse practitioner as defined in section 125.2,
or
an individual who holds a doctorate degree in psychology and is
licensed by the board of psychology. For the purposes of this
paragraph, “collaboration” means the same as defined in section
148C.1.

   Sec. 21.  Section 280.16, subsection 1, paragraph d, Code
2023, is amended to read as follows:
   d.  “Licensed health care professional” means a person
licensed under chapter 148 to practice medicine and surgery or
osteopathic medicine and surgery, an advanced registered nurse
practitioner licensed under chapter 152 or 152E and registered
-8-with the board of nursing, or a physician assistant licensed to
practice
under the supervision of a physician as authorized in
chapters 147 and
 chapter148C.
   Sec. 22.  Section 489.1102, subsection 2, paragraph b, Code
2023, is amended to read as follows:
   b.  Nothing in this section shall be construed to expand
the scope of practice of a physician assistant or modify the
requirement in section 148C.4 that a physician assistant
perform medical services under the supervision of a licensed
physician
.
   Sec. 23.  Section 489.1105, subsection 2, paragraph b, Code
2023, is amended to read as follows:
   b.  Nothing in this section shall be construed to expand
the scope of practice of a physician assistant or modify the
requirement in section 148C.4 that a physician assistant
perform medical services under the supervision of a licensed
physician
.
   Sec. 24.  Section 496C.4, subsection 2, paragraph b, Code
2023, is amended to read as follows:
   b.  Nothing in this section shall be construed to expand
the scope of practice of a physician assistant or modify the
requirement in section 148C.4 that a physician assistant
perform medical services under the supervision of a licensed
physician
.
   Sec. 25.  Section 496C.7, subsection 3, paragraph b, Code
2023, is amended to read as follows:
   b.  Nothing in this section shall be construed to expand
the scope of practice of a physician assistant or modify the
requirement in section 148C.4 that a physician assistant
perform medical services under the supervision of a licensed
physician
.
   Sec. 26.  REPEAL.  Sections 148.13 and 148C.12, Code 2023,
are repealed.
______________________________
PAT GRASSLEYSpeaker of the House
______________________________
AMY SINCLAIRPresident of the Senate
   I hereby certify that this bill originated in the House and is known as House File 424, Ninetieth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the House
Approved _______________, 2023______________________________
KIM REYNOLDSGovernor
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