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Text: HF00226                           Text: HF00228
Text: HF00200 - HF00299                 Text: HF Index
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House File 227

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  148F.1  DEFINITIONS.
  1  2    As used in this chapter, unless the context otherwise
  1  3 requires:
  1  4    1.  "Approved program" means a program for the education of
  1  5 orthopedic physician assistants which has been formally
  1  6 approved by the board in accordance with rules adopted by the
  1  7 board.
  1  8    2.  "Board" means the board of orthopedic physician
  1  9 assistant examiners.
  1 10    3.  "Department" means the Iowa department of public
  1 11 health.
  1 12    4.  "Licensed orthopedic physician assistant" means a
  1 13 person who is licensed by the board to practice as an
  1 14 orthopedic physician assistant under the supervision of one or
  1 15 more orthopedic physicians.
  1 16    5.  "Orthopedic physician" means a person who is licensed
  1 17 in Iowa to practice medicine and surgery, osteopathic medicine
  1 18 and surgery, and specializing in the field of orthopedic
  1 19 medicine.
  1 20    Sec. 2.  NEW SECTION.  148F.2  APPROVED PROGRAMS.
  1 21    The department shall issue certificates of approval for
  1 22 programs for the education and training of orthopedic
  1 23 physician assistants which meet board standards.  In
  1 24 developing criteria for program approval, the board shall give
  1 25 consideration to and encourage the utilization of equivalency
  1 26 and proficiency testing and other mechanisms whereby full
  1 27 credit is given to trainees for past education and experience
  1 28 in health fields.  The board shall develop rules setting forth
  1 29 standards to ensure that such programs operate in a manner
  1 30 which does not endanger the health and welfare of patients who
  1 31 receive services within the scope of the program.  The board
  1 32 shall review the quality of curriculum, faculty, and the
  1 33 facilities of such programs and shall approve the issuance of
  1 34 certificates of approval.
  1 35    The board shall adopt rules setting forth the fees to be
  2  1 charged in connection with the application for and issuance of
  2  2 certificates of approval under this section.
  2  3    Sec. 3.  NEW SECTION.  148F.3  REGISTRATION.
  2  4    1.  The board shall formulate guidelines and adopt rules to
  2  5 govern the registration of persons who qualify as orthopedic
  2  6 physician assistants.  An applicant for registration shall
  2  7 submit the fee prescribed by the board and shall meet one of
  2  8 the following requirements:
  2  9    a.  Be certified by the national board for certification of
  2 10 orthopedic physician assistants.
  2 11    b.  Be a graduate of a program of education for orthopedic
  2 12 physician assistants certified by the board pursuant to
  2 13 section 148F.2.
  2 14    c.  Be a graduate of a program of education for physician
  2 15 assistants certified by the board pursuant to section 148C.2.
  2 16    d.  Possess two years of experience in orthopedic medicine,
  2 17 which may include but is not limited to experience as an
  2 18 orthopedic physician assistant, orthopedic physician assistant
  2 19 technologist or orthopedic cast technician, orthopedic nurse,
  2 20 or experience in military service.
  2 21    2.  The board may issue a temporary registration under
  2 22 special circumstances and upon conditions prescribed by the
  2 23 board.  A temporary registration is valid for up to one year,
  2 24 and may be renewed once only.
  2 25    3.  A person who is registered as an orthopedic physician
  2 26 assistant is not authorized to practice as an orthopedic
  2 27 physician assistant unless the person obtains licensure from
  2 28 the board.
  2 29    Sec. 4.  NEW SECTION.  148F.4  LICENSURE.
  2 30    1.  The board shall formulate guidelines and adopt rules
  2 31 for the consideration of applications from persons seeking to
  2 32 become licensed orthopedic physician assistants.
  2 33    2.  The following information shall be submitted in an
  2 34 application for licensure as an orthopedic physician
  2 35 assistant:
  3  1    a.  The applicant for licensure shall submit the fee
  3  2 prescribed by the board and evidence of the applicant's
  3  3 current registration with the board as an orthopedic physician
  3  4 assistant pursuant to section 148F.3.
  3  5    b.  In conjunction with the applicant's submission, the
  3  6 applicant's supervising orthopedic physician shall submit
  3  7 evidence of eligibility as a supervising physician,
  3  8 information with respect to the supervising orthopedic
  3  9 physician's professional background and specialty, scope of
  3 10 practice, and a plan for supervision of the orthopedic
  3 11 physician assistant.
  3 12    c.  The applicant and the supervising orthopedic physician
  3 13 shall submit a description of the manner in which the
  3 14 orthopedic physician assistant will function within the scope
  3 15 of practice as defined by the board pursuant to section
  3 16 148F.6.  The board may modify the submitted description of the
  3 17 proposed functioning of an orthopedic physician assistant.
  3 18    Sec. 5.  NEW SECTION.  148F.5  TEMPORARY LICENSURE.
  3 19    The board may issue a temporary license under special
  3 20 circumstances and upon conditions prescribed by the board.  A
  3 21 temporary license is valid for up to one year, and may be
  3 22 renewed once only.
  3 23    Sec. 6.  NEW SECTION.  148F.6  SCOPE OF PRACTICE.
  3 24    1.  The board shall adopt rules defining the permitted
  3 25 scope of practice of licensed orthopedic physician assistants,
  3 26 including but not limited to rules regarding treatment of
  3 27 patients with new or previously untreated conditions,
  3 28 provision of emergency care, provision of follow-up care,
  3 29 provision of care in hospitals and nursing homes, and
  3 30 provision of care to the chronically ill at home.
  3 31    2.  A licensed orthopedic physician assistant shall perform
  3 32 only those services for which the licensed orthopedic
  3 33 physician assistant is qualified, which is within the
  3 34 description of function as submitted pursuant to section
  3 35 148F.4, and which is within the permitted scope of practice.
  4  1    Sec. 7.  NEW SECTION.  148F.7  SUPERVISION BY ORTHOPEDIC
  4  2 PHYSICIAN REQUIRED.
  4  3    1.  An orthopedic physician assistant may perform medical
  4  4 services when the services are rendered under the supervision
  4  5 of the orthopedic physician specified in the license approved
  4  6 by the board pursuant to section 148F.4.
  4  7    2.  A supervising orthopedic physician shall not supervise
  4  8 more than two orthopedic physician assistants at one time.
  4  9    3.  The supervising orthopedic physician shall designate at
  4 10 least one alternate orthopedic physician who has agreed to
  4 11 supervise the orthopedic physician assistant in the event of
  4 12 the supervising orthopedic physician's absence.
  4 13    Sec. 8.  NEW SECTION.  148F.8  APPEAL TO BOARD OF MEDICAL
  4 14 EXAMINERS IN CONTESTED CASES INVOLVING DISCIPLINE.
  4 15    Pursuant to section 17A.15, a decision of the board in a
  4 16 contested case involving discipline of a person licensed as an
  4 17 orthopedic physician assistant may be appealed to the board of
  4 18 medical examiners.
  4 19    Sec. 9.  NEW SECTION.  148F.9  NOTICE TO PATIENTS.
  4 20    1.  The patient of any orthopedic physician receiving
  4 21 services from an orthopedic physician assistant shall be
  4 22 notified that the individual is an orthopedic physician
  4 23 assistant.
  4 24    2.  The supervising orthopedic physician shall place a
  4 25 written notice in a conspicuous area within the place of
  4 26 practice indicating that services may be rendered by an
  4 27 orthopedic physician assistant.
  4 28    Sec. 10.  NEW SECTION.  148F.10  APPLICABILITY OF OTHER
  4 29 PROVISIONS OF LAW.
  4 30    The provisions of chapter 147, not otherwise inconsistent
  4 31 with this chapter, shall apply to this chapter.
  4 32    Sec. 11.  NEW SECTION.  148F.11  PROHIBITION &endash; CRIME.
  4 33    A person who practices as an orthopedic physician assistant
  4 34 without being registered and licensed as required by this
  4 35 chapter is guilty of a serious misdemeanor.
  5  1    Sec. 12.  Section 147.1, subsections 7 and 10, Code 1995,
  5  2 are amended to read as follows:
  5  3    7.  "Licensed" or "certified" when applied to a physician
  5  4 and surgeon, podiatrist, osteopath, osteopathic physician and
  5  5 surgeon, physician assistant, orthopedic physician assistant,
  5  6 psychologist or associate psychologist, chiropractor, nurse,
  5  7 dentist, dental hygienist, optometrist, speech pathologist,
  5  8 audiologist, pharmacist, physical therapist, occupational
  5  9 therapist, practitioner of cosmetology arts and sciences,
  5 10 practitioner of barbering, funeral director, dietitian,
  5 11 marital and family therapist, mental health counselor, or
  5 12 social worker means a person licensed under this subtitle,
  5 13 excluding chapters 152B, 152C, and 152D.
  5 14    10.  "Profession" means medicine and surgery, podiatry,
  5 15 osteopathy, osteopathic medicine and surgery, practice as a
  5 16 physician assistant, orthopedic physician assistant,
  5 17 psychology, chiropractic, nursing, dentistry, dental hygiene,
  5 18 optometry, speech pathology, audiology, pharmacy, physical
  5 19 therapy, occupational therapy, cosmetology arts and sciences,
  5 20 barbering, mortuary science, marital and family therapy,
  5 21 mental health counseling, social work, or dietetics.
  5 22    Sec. 13.  Section 147.2, Code 1995, is amended to read as
  5 23 follows:
  5 24    147.2  LICENSE REQUIRED.
  5 25    A person shall not engage in the practice of medicine and
  5 26 surgery, podiatry, osteopathy, osteopathic medicine and
  5 27 surgery, psychology, chiropractic, physical therapy, nursing,
  5 28 dentistry, dental hygiene, optometry, speech pathology,
  5 29 audiology, occupational therapy, pharmacy, cosmetology,
  5 30 barbering, dietetics, or mortuary science or shall not
  5 31 practice as a physician assistant or orthopedic physician
  5 32 assistant as defined in the following chapters of this
  5 33 subtitle, unless the person has obtained from the department a
  5 34 license for that purpose.
  5 35    Sec. 14.  Section 147.13, Code 1995, is amended by adding
  6  1 the following new subsection:
  6  2    NEW SUBSECTION.  2A.  For orthopedic physician assistants,
  6  3 board of orthopedic physician assistant examiners.
  6  4    Sec. 15.  Section 147.14, Code 1995, is amended by adding
  6  5 the following new subsection:
  6  6    NEW SUBSECTION.  15.  For orthopedic physician assistant
  6  7 examiners, three members licensed to practice as orthopedic
  6  8 physician assistants, one member licensed to practice medicine
  6  9 and surgery specializing in orthopedic medicine who supervises
  6 10 an orthopedic physician assistant, one member licensed to
  6 11 practice osteopathic medicine and surgery specializing in
  6 12 orthopedic medicine who supervises an orthopedic physician
  6 13 assistant, and two members who are not licensed to practice
  6 14 either medicine or surgery or osteopathic medicine and surgery
  6 15 or licensed as an orthopedic physician assistant and who shall
  6 16 represent the general public.
  6 17    Sec. 16.  Section 147.74, Code 1995, is amended by adding
  6 18 the following new subsection:
  6 19    NEW SUBSECTION.  16A.  An orthopedic physician assistant
  6 20 licensed under chapter 148F may use the words "orthopedic
  6 21 physician assistant" after the person's name or signify the
  6 22 same by use of the letters "O.P.A." after the person's name.
  6 23    Sec. 17.  Section 147.80, Code 1995, is amended by adding
  6 24 the following new subsection:
  6 25    NEW SUBSECTION.  5A.  Application for a license to practice
  6 26 as an orthopedic physician assistant approved by the board of
  6 27 orthopedic physician examiners, issuance of a license to
  6 28 practice as an orthopedic physician assistant issued under a
  6 29 reciprocal agreement, renewal of a license to practice as an
  6 30 orthopedic physician assistant.
  6 31    Sec. 18.  Section 147.152, subsection 1, Code 1995, is
  6 32 amended to read as follows:
  6 33    1.  Licensed physicians and surgeons, licensed osteopathic
  6 34 physicians and surgeons, licensed osteopaths, approved
  6 35 physician assistants, and licensed orthopedic physician
  7  1 assistants and registered nurses acting under the supervision
  7  2 of a physician, persons conducting hearing tests under the
  7  3 direct supervision of a licensed physician and surgeon,
  7  4 licensed osteopathic physician and surgeon, or licensed
  7  5 osteopath, or students of medicine or surgery or osteopathic
  7  6 medicine and surgery pursuing a course of study in a medical
  7  7 school or college of osteopathic medicine and surgery approved
  7  8 by the medical examiners while performing functions incidental
  7  9 to their course of study.
  7 10    Sec. 19.  Section 148.13, Code 1995, is amended to read as
  7 11 follows:
  7 12    148.13  AUTHORITY OF BOARD AS TO SUPERVISING PHYSICIANS AND
  7 13 REVIEW OF CONTESTED CASES UNDER CHAPTER CHAPTERS 148C AND 148F
  7 14 &endash; RULES.
  7 15    1.  The board of medical examiners shall adopt rules
  7 16 setting forth in detail its criteria and procedures for
  7 17 determining the ineligibility of a physician to serve as a
  7 18 supervising physician under chapter 148C or 148F.  The rules
  7 19 shall be adopted as soon as possible after the effective date
  7 20 of this Act and in no event later than December 31, 1988.
  7 21    2.  The board of medical examiners shall establish by rule
  7 22 specific procedures for consulting with and considering the
  7 23 advice of the board of physician assistant examiners in
  7 24 determining whether to initiate a disciplinary proceeding
  7 25 under chapter 17A against a licensed physician in a matter
  7 26 involving the supervision of a physician assistant.
  7 27    The board of medical examiners shall establish by rule
  7 28 specific procedures for consulting with and considering the
  7 29 advice of the board of orthopedic physician assistant
  7 30 examiners in determining whether to initiate a disciplinary
  7 31 proceeding under chapter 17A against a licensed physician in a
  7 32 matter involving the supervision of an orthopedic physician
  7 33 assistant.
  7 34    3.  In exercising their respective authorities, the board
  7 35 of medical examiners, and the board of physician assistant
  8  1 examiners, and the board of orthopedic physician assistant
  8  2 examiners shall cooperate with the goal of encouraging the
  8  3 utilization of physician assistants and orthopedic physician
  8  4 assistants in a manner that is consistent with the provision
  8  5 of quality health care and medical services for the citizens
  8  6 of Iowa.
  8  7    4.  A decision of the board of physician assistant
  8  8 examiners in a contested case involving discipline of a person
  8  9 licensed as a physician assistant under chapter 148C may be
  8 10 appealed to the board of medical examiners as provided in
  8 11 section 148C.6A.
  8 12    A decision of the board of orthopedic physician assistant
  8 13 examiners in a contested case involving discipline of a person
  8 14 licensed as an orthopedic physician assistant under chapter
  8 15 148F may be appealed to the board of medical examiners as
  8 16 provided in section 148F.8.
  8 17    Sec. 20.  Section 148C.1, subsection 6, Code 1995, is
  8 18 amended to read as follows:
  8 19    6.  "Physician assistant" means a person who has
  8 20 successfully completed an approved program and passed an
  8 21 examination approved by the board or is otherwise found by the
  8 22 board to be qualified to perform medical services under the
  8 23 supervision of a physician.  "Physician assistant" does not
  8 24 mean a person licensed as an orthopedic physician assistant
  8 25 under chapter 148F.  
  8 26                           EXPLANATION
  8 27    This bill requires orthopedic physician assistants who wish
  8 28 to practice in the state to register as such and obtain
  8 29 licensure.
  8 30    A board of orthopedic physician assistant examiners is
  8 31 established to adopt rules regulating the registration and
  8 32 licensure of orthopedic physician assistants and applicants.
  8 33 The board may charge fees for licensure, renewal of licensure,
  8 34 and administrative costs.  The board must also adopt rules
  8 35 defining the permitted scope of practice of orthopedic
  9  1 physician assistants.
  9  2    An orthopedic physician assistant may perform medical
  9  3 services only under the supervision of an orthopedic
  9  4 physician, under the bill.
  9  5    The bill provides that a decision of a contested case
  9  6 involving discipline of a person licensed as an orthopedic
  9  7 physician assistant may be appealed to the board of medical
  9  8 examiners.  The bill requires that patients be given notice
  9  9 that they are or may be receiving care from an orthopedic
  9 10 physician assistant.
  9 11    The provisions of chapter 147 regulating practice
  9 12 professions apply to the chapter created in the bill.
  9 13    A person not registered and licensed as such who practices
  9 14 as an orthopedic physician assistant is guilty of a serious
  9 15 misdemeanor under the bill.  
  9 16 LSB 2042HH 76
  9 17 cl/jj/8
     

Text: HF00226                           Text: HF00228
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