Text: HF00629 Text: HF00631 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 147.1, subsections 3 and 6, Code 1999, 1 2 are amended to read as follows: 1 3 3. "Licensed" or "certified" when applied to a physician 1 4 and surgeon, podiatric physician, osteopath, osteopathic 1 5 physician and surgeon, physician assistant, orthopedic 1 6 physician assistant, psychologist or associate psychologist, 1 7 chiropractor, nurse, dentist, dental hygienist, optometrist, 1 8 speech pathologist, audiologist, pharmacist, physical 1 9 therapist, occupational therapist, respiratory care 1 10 practitioner, practitioner of cosmetology arts and sciences, 1 11 practitioner of barbering, funeral director, dietitian, 1 12 marital and family therapist, mental health counselor, social 1 13 worker, massage therapist, or athletic trainer means a person 1 14 licensed under this subtitle. 1 15 6. "Profession" means medicine and surgery, podiatry, 1 16 osteopathy, osteopathic medicine and surgery, practice as a 1 17 physician assistant, practice as an orthopedic physician 1 18 assistant, psychology, chiropractic, nursing, dentistry, 1 19 dental hygiene, optometry, speech pathology, audiology, 1 20 pharmacy, physical therapy, occupational therapy, respiratory 1 21 care, cosmetology arts and sciences, barbering, mortuary 1 22 science, marital and family therapy, mental health counseling, 1 23 social work, dietetics, massage therapy, or athletic training. 1 24 Sec. 2. Section 147.2, Code 1999, is amended to read as 1 25 follows: 1 26 147.2 LICENSE REQUIRED. 1 27 A person shall not engage in the practice of medicine and 1 28 surgery, podiatry, osteopathy, osteopathic medicine and 1 29 surgery, psychology, chiropractic, physical therapy, nursing, 1 30 dentistry, dental hygiene, optometry, speech pathology, 1 31 audiology, occupational therapy, respiratory care, pharmacy, 1 32 cosmetology, barbering, social work, dietetics, marital and 1 33 family therapy or mental health counseling, or mortuary 1 34 science or shall not practice as a physician assistant or 1 35 orthopedic physician assistant as defined in the following 2 1 chapters of this subtitle, unless the person has obtained from 2 2 the department a license for that purpose. 2 3 Sec. 3. Section 147.13, Code 1999, is amended by adding 2 4 the following new subsection: 2 5 NEW SUBSECTION. 2A. For orthopedic physician assistants, 2 6 board of orthopedic physician assistant examiners. 2 7 Sec. 4. Section 147.14, Code 1999, is amended by adding 2 8 the following new subsection: 2 9 NEW SUBSECTION. 21. For orthopedic physician assistant 2 10 examiners, three members licensed to practice as orthopedic 2 11 physician assistants, one member licensed to practice medicine 2 12 and surgery specializing in orthopedic medicine who supervises 2 13 an orthopedic physician assistant, one member licensed to 2 14 practice osteopathic medicine and surgery specializing in 2 15 orthopedic medicine who supervises an orthopedic physician 2 16 assistant, and two members who are not licensed to practice 2 17 either medicine or surgery or osteopathic medicine and surgery 2 18 or licensed as an orthopedic physician assistant and who shall 2 19 represent the general public. 2 20 Sec. 5. Section 147.74, Code 1999, is amended by adding 2 21 the following new subsection: 2 22 NEW SUBSECTION. 20A. An orthopedic physician assistant 2 23 licensed under chapter 148F may use the words "orthopedic 2 24 physician assistant" after the person's name or signify the 2 25 same by use of the letters "O.P.A." after the person's name. 2 26 Sec. 6. Section 147.80, Code 1999, is amended by adding 2 27 the following new subsection: 2 28 NEW SUBSECTION. 5A. Application for a license to practice 2 29 as an orthopedic physician assistant approved by the board of 2 30 orthopedic physician examiners, issuance of a license to 2 31 practice as an orthopedic physician assistant issued under a 2 32 reciprocal agreement, renewal of a license to practice as an 2 33 orthopedic physician assistant. 2 34 Sec. 7. Section 147.107, subsection 5, Code 1999, is 2 35 amended to read as follows: 3 1 5. Notwithstanding subsection 1 and any other provision of 3 2 this section to the contrary, a physician may delegate the 3 3 function of prescribing drugs, controlled substances, and 3 4 medical devices to a physician assistant licensed pursuant to 3 5chapterchapters 148C and 148F. When delegated prescribing 3 6 occurs, the supervising physician's name shall be used, 3 7 recorded, or otherwise indicated in connection with each 3 8 individual prescription so that the individual who dispenses 3 9 or administers the prescription knows under whose delegated 3 10 authority the physician assistant is prescribing. Rules 3 11 relating to the authority of physician assistants to prescribe 3 12 drugs, controlled substances, and medical devices pursuant to 3 13 this subsection shall be adopted by the board of physician 3 14 assistant examiners, after consultation with the board of 3 15 medical examiners and the board of pharmacy examiners, as soon 3 16 as possible after July 1, 1991. The rules shall be reviewed 3 17 and approved by the physician assistant rules review group 3 18 created under subsection 7 and shall be adopted in final form 3 19 by January 1, 1993. However, the rules shall prohibit the 3 20 prescribing of schedule II controlled substances which are 3 21 listed as stimulants or depressants pursuant to chapter 124. 3 22 If rules are not reviewed and approved by the physician 3 23 assistant rules review group created under subsection 7 and 3 24 adopted in final form by January 1, 1993, a physician 3 25 assistant may prescribe drugs as a delegated act of a 3 26 supervising physician under rules adopted by the board of 3 27 physician assistant examiners, or the board of orthopedic 3 28 physician assistant examiners, and subject to the rules review 3 29 process established in section 148C.7. The boards of 3 30 physician assistant examiners, and orthopedic physician 3 31 assistant examiners, shall jointly establish rules 3 32 establishing procedures for the mutual determination and 3 33 review of rules which may potentially apply both to physician 3 34 assistants licensed pursuant to chapter 148C, and to 3 35 orthopedic physician assistants licensed pursuant to section 4 1 148F. The board of physician assistant examiners, or board of 4 2 orthopedic physician assistant examiners, shall be the only 4 3boardboards to regulate the practice of physician assistants 4 4 relating to prescribing and supplying prescription drugs, 4 5 controlled substances and medical devices, notwithstanding 4 6 section 148C.6A and 148F.8. 4 7 Sec. 8. Section 147.152, subsection 1, Code 1999, is 4 8 amended to read as follows: 4 9 1. Licensed physicians and surgeons, licensed osteopathic 4 10 physicians and surgeons, licensed osteopaths, approved 4 11 physician assistants, licensed orthopedic physician assistants 4 12 and registered nurses acting under the supervision of a 4 13 physician, persons conducting hearing tests under the direct 4 14 supervision of a licensed physician and surgeon, licensed 4 15 osteopathic physician and surgeon, or licensed osteopath, or 4 16 students of medicine or surgery or osteopathic medicine and 4 17 surgery pursuing a course of study in a medical school or 4 18 college of osteopathic medicine and surgery approved by the 4 19 medical examiners while performing functions incidental to 4 20 their course of study. 4 21 Sec. 9. Section 148.13, Code 1999, is amended to read as 4 22 follows: 4 23 148.13 AUTHORITY OF BOARD AS TO SUPERVISING PHYSICIANS AND 4 24 REVIEW OF CONTESTED CASES UNDERCHAPTERCHAPTERS 148C AND 148F 4 25 – RULES. 4 26 1. The board of medical examiners shall adopt rules 4 27 setting forth in detail its criteria and procedures for 4 28 determining the ineligibility of a physician to serve as a 4 29 supervising physician under chapter 148C or 148F.The rules4 30shall be adopted as soon as possible after the effective date4 31of this Act and in no event later than December 31, 1988.4 32 2. The board of medical examiners shall establish by rule 4 33 specific procedures for consulting with and considering the 4 34 advice of the board of physician assistant examiners in 4 35 determining whether to initiate a disciplinary proceeding 5 1 under chapter 17A against a licensed physician in a matter 5 2 involving the supervision of a physician assistant. 5 3 The board of medical examiners shall also establish by rule 5 4 specific procedures for consulting with and considering the 5 5 advice of the board of orthopedic physician assistant 5 6 examiners in determining whether to initiate a disciplinary 5 7 proceeding under chapter 17A against a licensed physician in a 5 8 matter involving the supervision of an orthopedic physician 5 9 assistant. 5 10 3. In exercising their respective authorities, the board 5 11 of medical examiners,andthe board of physician assistant 5 12 examiners, and the board of orthopedic physician assistant 5 13 examiners shall cooperate with the goal of encouraging the 5 14 utilization of physician assistants and orthopedic physician 5 15 assistants in a manner that is consistent with the provision 5 16 of quality health care and medical services for the citizens 5 17 of Iowa. 5 18 4. A decision of the board of physician assistant 5 19 examiners in a contested case involving discipline of a person 5 20 licensed as a physician assistant under chapter 148C may be 5 21 appealed to the board of medical examiners as provided in 5 22 section 148C.6A. 5 23 A decision of the board of orthopedic physician assistant 5 24 examiners in a contested case involving discipline of a person 5 25 licensed as an orthopedic physician assistant under chapter 5 26 148F may be appealed to the board of medical examiners as 5 27 provided in section 148F.8. 5 28 Sec. 10. Section 148C.1, subsection 6, Code 1999, is 5 29 amended to read as follows: 5 30 6. "Physician assistant" means a person who has 5 31 successfully completed an approved program and passed an 5 32 examination approved by the board or is otherwise found by the 5 33 board to be qualified to perform medical services under the 5 34 supervision of a physician. "Physician assistant" does not 5 35 mean a person licensed as an orthopedic physician assistant 6 1 under chapter 148F. 6 2 Sec. 11. NEW SECTION. 148F.1 DEFINITIONS. 6 3 As used in this chapter, unless the context otherwise 6 4 requires: 6 5 1. "Approved program" means a program for the education of 6 6 orthopedic physician assistants which has been formally 6 7 approved by the board in accordance with rules adopted by the 6 8 board. 6 9 2. "Board" means the board of orthopedic physician 6 10 assistant examiners. 6 11 3. "Department" means the Iowa department of public 6 12 health. 6 13 4. "Licensed orthopedic physician assistant" means a 6 14 person who is licensed by the board to practice as an 6 15 orthopedic physician assistant under the supervision of one or 6 16 more orthopedic physicians. 6 17 5. "Orthopedic physician" means a person who is licensed 6 18 in Iowa to practice medicine and surgery, osteopathic medicine 6 19 and surgery, and specializing in the field of orthopedic 6 20 medicine. 6 21 Sec. 12. NEW SECTION. 148F.2 APPROVED PROGRAMS. 6 22 The department shall issue certificates of approval for 6 23 programs for the education and training of orthopedic 6 24 physician assistants which meet board standards. In 6 25 developing criteria for program approval, the board shall give 6 26 consideration to and encourage the utilization of equivalency 6 27 and proficiency testing and other mechanisms whereby full 6 28 credit is given to trainees for past education and experience 6 29 in health fields. The board shall develop rules setting forth 6 30 standards to ensure that such programs operate in a manner 6 31 which does not endanger the health and welfare of patients who 6 32 receive services within the scope of the program. The board 6 33 shall review the quality of curriculum, faculty, and the 6 34 facilities of such programs and shall approve the issuance of 6 35 certificates of approval. 7 1 The board shall adopt rules setting forth the fees to be 7 2 charged in connection with the application for and issuance of 7 3 certificates of approval under this section. 7 4 Sec. 13. NEW SECTION. 148F.3 REGISTRATION. 7 5 1. The board shall formulate guidelines and adopt rules to 7 6 govern the registration of persons who qualify as orthopedic 7 7 physician assistants. An applicant for registration shall 7 8 submit the fee prescribed by the board and shall meet one of 7 9 the following requirements: 7 10 a. Be certified by the national board for certification of 7 11 orthopedic physician assistants. 7 12 b. Be a graduate of a program of education for orthopedic 7 13 physician assistants certified by the board pursuant to 7 14 section 148F.2. 7 15 c. Be a graduate of a program of education for physician 7 16 assistants certified by the board pursuant to section 148C.2. 7 17 d. Possess two years of experience in orthopedic medicine, 7 18 which may include but is not limited to experience as an 7 19 orthopedic physician assistant, orthopedic physician assistant 7 20 technologist or orthopedic cast technician, orthopedic nurse, 7 21 or experience in military service. 7 22 2. The board may issue a temporary registration under 7 23 special circumstances and upon conditions prescribed by the 7 24 board. A temporary registration is valid for up to one year, 7 25 and may be renewed once only. 7 26 3. A person who is registered as an orthopedic physician 7 27 assistant is not authorized to practice as an orthopedic 7 28 physician assistant unless the person obtains licensure from 7 29 the board. 7 30 Sec. 14. NEW SECTION. 148F.4 LICENSURE. 7 31 1. The board shall formulate guidelines and adopt rules 7 32 for the consideration of applications from persons seeking to 7 33 become licensed orthopedic physician assistants. 7 34 2. The following information shall be submitted in an 7 35 application for licensure as an orthopedic physician 8 1 assistant: 8 2 a. The applicant for licensure shall submit the fee 8 3 prescribed by the board and evidence of the applicant's 8 4 current registration with the board as an orthopedic physician 8 5 assistant pursuant to section 148F.3. 8 6 b. In conjunction with the applicant's submission, the 8 7 applicant's supervising orthopedic physician shall submit 8 8 evidence of eligibility as a supervising physician, 8 9 information with respect to the supervising orthopedic 8 10 physician's professional background and specialty, scope of 8 11 practice, and a plan for supervision of the orthopedic 8 12 physician assistant. 8 13 c. The applicant and the supervising orthopedic physician 8 14 shall submit a description of the manner in which the 8 15 orthopedic physician assistant will function within the scope 8 16 of practice as defined by the board pursuant to section 8 17 148F.6. The board may modify the submitted description of the 8 18 proposed functioning of an orthopedic physician assistant. 8 19 Sec. 15. NEW SECTION. 148F.5 TEMPORARY LICENSURE. 8 20 The board may issue a temporary license under special 8 21 circumstances and upon conditions prescribed by the board. A 8 22 temporary license is valid for up to one year, and may be 8 23 renewed once only. 8 24 Sec. 16. NEW SECTION. 148F.6 SCOPE OF PRACTICE. 8 25 1. The board shall adopt rules defining the permitted 8 26 scope of practice of licensed orthopedic physician assistants, 8 27 including but not limited to rules regarding treatment of 8 28 patients with new or previously untreated conditions, 8 29 provision of emergency care, provision of follow-up care, 8 30 provision of care in hospitals and nursing homes, and 8 31 provision of care to the chronically ill at home. 8 32 2. A licensed orthopedic physician assistant shall perform 8 33 only those services for which the licensed orthopedic 8 34 physician assistant is qualified, which is within the 8 35 description of function as submitted pursuant to section 9 1 148F.4, and which is within the permitted scope of practice. 9 2 Sec. 17. NEW SECTION. 148F.7 SUPERVISION BY ORTHOPEDIC 9 3 PHYSICIAN REQUIRED. 9 4 1. An orthopedic physician assistant may perform medical 9 5 services when the services are rendered under the supervision 9 6 of the orthopedic physician specified in the license approved 9 7 by the board pursuant to section 148F.4. 9 8 2. A supervising orthopedic physician shall not supervise 9 9 more than two orthopedic physician assistants at one time. 9 10 3. The supervising orthopedic physician shall designate at 9 11 least one alternate orthopedic physician who has agreed to 9 12 supervise the orthopedic physician assistant in the event of 9 13 the supervising orthopedic physician's absence. 9 14 Sec. 18. NEW SECTION. 148F.8 APPEAL TO BOARD OF MEDICAL 9 15 EXAMINERS IN CONTESTED CASES INVOLVING DISCIPLINE. 9 16 Pursuant to section 17A.15, a decision of the board in a 9 17 contested case involving discipline of a person licensed as an 9 18 orthopedic physician assistant may be appealed to the board of 9 19 medical examiners. 9 20 Sec. 19. NEW SECTION. 148F.9 NOTICE TO PATIENTS. 9 21 1. The patient of any orthopedic physician receiving 9 22 services from an orthopedic physician assistant shall be 9 23 notified that the individual is an orthopedic physician 9 24 assistant. 9 25 2. The supervising orthopedic physician shall place a 9 26 written notice in a conspicuous area within the place of 9 27 practice indicating that services may be rendered by an 9 28 orthopedic physician assistant. 9 29 Sec. 20. NEW SECTION. 148F.10 APPLICABILITY OF OTHER 9 30 PROVISIONS OF LAW. 9 31 The provisions of chapter 147, not otherwise inconsistent 9 32 with this chapter, shall apply to this chapter. 9 33 Sec. 21. NEW SECTION. 148F.11 PROHIBITION – CRIME. 9 34 A person who practices as an orthopedic physician assistant 9 35 without being registered and licensed as required by this 10 1 chapter is guilty of a serious misdemeanor. 10 2 EXPLANATION 10 3 This bill requires orthopedic physician assistants who wish 10 4 to practice in the state to register as such and obtain 10 5 licensure. 10 6 A board of orthopedic physician assistant examiners is 10 7 established to adopt rules regulating the registration and 10 8 licensure of orthopedic physician assistants and applicants. 10 9 The board may charge fees for licensure, renewal of licensure, 10 10 and administrative costs. The board must also adopt rules 10 11 defining the permitted scope of practice of orthopedic 10 12 physician assistants. 10 13 An orthopedic physician assistant may perform medical 10 14 services only under the supervision of an orthopedic 10 15 physician, under the bill. The bill provides that the 10 16 circumstances under which an orthopedic physician assistant 10 17 may prescribe drugs, controlled substances, and medical 10 18 devices correspond to those specified in Code section 147.107 10 19 for physician assistants, and provides for joint rulemaking by 10 20 the boards of physician assistant examiners and orthopedic 10 21 physician assistant examiners. 10 22 The bill provides that a decision of a contested case 10 23 involving discipline of a person licensed as an orthopedic 10 24 physician assistant may be appealed to the board of medical 10 25 examiners. The bill requires that patients be given notice 10 26 that they are or may be receiving care from an orthopedic 10 27 physician assistant. 10 28 The provisions of chapter 147 regulating practice 10 29 professions apply to the chapter created in the bill. 10 30 A person not registered and licensed as such who practices 10 31 as an orthopedic physician assistant is guilty of a serious 10 32 misdemeanor under the bill. 10 33 LSB 2787HH 78 10 34 rn/gg/8
Text: HF00629 Text: HF00631 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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