Text: HSB00108                          Text: HSB00110
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 109

Bill Text

PAG LIN
  1  1    Section 1.  Section 147.74, subsection 16, Code 2003, is
  1  2 amended to read as follows:
  1  3    16.  A physician assistant registered or licensed under
  1  4 chapter 148C may use the words "physician assistant" after the
  1  5 person's name or signify the same by the use of the letters
  1  6 "P. A." after the person's name.
  1  7    Sec. 2.  Section 147.80, subsection 5, Code 2003, is
  1  8 amended to read as follows:
  1  9    5.  Application for a license to practice as a physician
  1 10 assistant, issuance of a license to practice as a physician
  1 11 assistant issued upon the basis of an examination given or
  1 12 approved by the board of physician assistant examiners,
  1 13 issuance of a license to practice as a physician assistant
  1 14 issued under a reciprocal agreement, renewal of a license to
  1 15 practice as a physician assistant, temporary license to
  1 16 practice as a physician assistant, registration of a physician
  1 17 assistant, temporary registration of a physician assistant,
  1 18 renewal of a registration of a physician assistant.
  1 19    Sec. 3.  Section 147.107, subsection 5, Code 2003, is
  1 20 amended to read as follows:
  1 21    5.  Notwithstanding subsection 1 and any other provision of
  1 22 this section to the contrary, a physician may delegate the
  1 23 function of prescribing drugs, controlled substances, and
  1 24 medical devices to a physician assistant licensed pursuant to
  1 25 chapter 148C.  When delegated prescribing occurs, the
  1 26 supervising physician's name shall be used, recorded, or
  1 27 otherwise indicated in connection with each individual
  1 28 prescription so that the individual who dispenses or
  1 29 administers the prescription knows under whose delegated
  1 30 authority the physician assistant is prescribing.  Rules
  1 31 relating to the authority of physician assistants to prescribe
  1 32 drugs, controlled substances, and medical devices pursuant to
  1 33 this subsection shall be adopted by the board of physician
  1 34 assistant examiners, after consultation with the board of
  1 35 medical examiners and the board of pharmacy examiners, as soon
  2  1 as possible after July 1, 1991.  The rules shall be reviewed
  2  2 and approved by the physician assistant rules review group
  2  3 created under subsection 7 and shall be adopted in final form
  2  4 by January 1, 1993.  However, the rules shall prohibit the
  2  5 prescribing of schedule II controlled substances which are
  2  6 listed as stimulants or depressants pursuant to chapter 124.
  2  7 If rules are not reviewed and approved by the physician
  2  8 assistant rules review group created under subsection 7 and
  2  9 adopted in final form by January 1, 1993, a physician
  2 10 assistant may prescribe drugs as a delegated act of a
  2 11 supervising physician under rules adopted by the board of
  2 12 physician assistant examiners and subject to the rules review
  2 13 process established in section 148C.7.  The board of physician
  2 14 assistant examiners shall be the only board to regulate the
  2 15 practice of physician assistants relating to prescribing and
  2 16 supplying prescription drugs, controlled substances and
  2 17 medical devices, notwithstanding section 148C.6A.
  2 18    Sec. 4.  Section 147A.10, Code 2003, is amended by adding
  2 19 the following new subsection:
  2 20    NEW SUBSECTION.  4.  A physician assistant who voluntarily
  2 21 and gratuitously, and other than in the ordinary course of the
  2 22 person's employment or practice, responds to a need for
  2 23 medical care created by an emergency or a state or local
  2 24 disaster shall not be subject to criminal liability by reason
  2 25 of having issued or executed the orders for such care that the
  2 26 physician assistant is able to provide without the supervision
  2 27 of a physician, and shall not be liable for civil damages for
  2 28 acts or omissions relating to the issuance or execution of the
  2 29 orders unless the acts or omissions constitute recklessness.
  2 30    Sec. 5.  Section 148.13, subsection 4, Code 2003, is
  2 31 amended by striking the subsection.
  2 32    Sec. 6.  Section 148C.1, subsection 1, Code 2003, is
  2 33 amended by striking the subsection and inserting in lieu
  2 34 thereof the following:
  2 35    1.  "Approved program" means a program for the education of
  3  1 physician assistants which has been accredited by the American
  3  2 medical association's committee on allied health education and
  3  3 accreditation, by its successor, the commission on
  3  4 accreditation of allied health educational programs, or by its
  3  5 successor, the accreditation review commission on education
  3  6 for the physician assistant, or its successor.
  3  7    Sec. 7.  Section 148C.1, subsection 5, Code 2003, is
  3  8 amended to read as follows:
  3  9    5.  "Physician" means a person who is currently licensed in
  3 10 Iowa to practice medicine and surgery, osteopathic medicine
  3 11 and surgery, or osteopathy, and who is actively engaged in the
  3 12 practice of medicine and surgery, osteopathic medicine and
  3 13 surgery, or osteopathy in Iowa.
  3 14    Notwithstanding this subsection, a physician supervising a
  3 15 physician assistant employed by the federal government shall
  3 16 not be required to obtain licensure beyond licensure
  3 17 requirements mandated by the federal government for physicians
  3 18 or supervising physicians.
  3 19    Sec. 8.  Section 148C.3, Code 2003, is amended by striking
  3 20 the section and inserting in lieu thereof the following:
  3 21    148C.3  LICENSURE.
  3 22    1.  The board shall formulate guidelines and adopt rules,
  3 23 pursuant to section 148C.7, to govern the licensure of persons
  3 24 who qualify as physician assistants.  An applicant for
  3 25 licensure shall submit the fee prescribed by the board and
  3 26 shall meet the requirements established by the board with
  3 27 respect to all of the following:
  3 28    a.  Academic qualifications, including evidence of
  3 29 graduation from an approved program.  However, if the board
  3 30 determines that a person has sufficient knowledge and
  3 31 experience to qualify as a physician assistant, the board may
  3 32 approve an application for licensure without requiring the
  3 33 completion of an approved program.
  3 34    b.  Examination grades and evidence of passing the national
  3 35 commission on certification of physician assistants
  4  1 examination or an equivalent examination which the board
  4  2 approves.
  4  3    c.  Hours of continuing medical education necessary to
  4  4 remain licensed or eligible for licensure.
  4  5    d.  Submission of information to the board regarding the
  4  6 physician or physicians eligible to serve as a physician
  4  7 supervisor under rules of the board of medical examiners who
  4  8 have agreed to serve as the applicant's physician supervisor
  4  9 or supervisors.
  4 10    2.  The board may issue a temporary license under special
  4 11 circumstances and upon conditions prescribed by the board.  A
  4 12 temporary license shall not exceed one year in duration and
  4 13 shall not be renewed more than once.
  4 14    3.  The applicant shall not submit and the board shall not
  4 15 approve an application for licensure which would result in a
  4 16 physician supervising more than two physician assistants at
  4 17 one time.
  4 18    4.  A licensed physician assistant shall perform only those
  4 19 services for which the licensed physician assistant is
  4 20 qualified by training and for which the licensed physician
  4 21 assistant has an eligible physician supervisor, and shall not
  4 22 perform a service that is not permitted by the board.
  4 23    5.  Rules shall be adopted pursuant to this chapter which
  4 24 will permit qualified practicing physicians to supervise
  4 25 licensed physician assistants at a free medical clinic on a
  4 26 temporary basis.
  4 27    Sec. 9.  Section 148C.4, Code 2003, is amended to read as
  4 28 follows:
  4 29    148C.4  SERVICES PERFORMED BY ASSISTANTS.
  4 30    1.  A physician assistant may perform medical services when
  4 31 the services are rendered under the supervision of the
  4 32 physician or physicians specified in the physician assistant
  4 33 license approved by the board.  A trainee may perform medical
  4 34 services when the services are rendered within the scope of an
  4 35 approved program.  For the purposes of this section, "medical
  5  1 services rendered under the supervision of the physician or
  5  2 physicians specified in the physician assistant license
  5  3 approved by the board" includes making a pronouncement of
  5  4 death for a patient whose death is anticipated if the death
  5  5 occurs in a licensed hospital, a licensed health care
  5  6 facility, a Medicare-certified home health agency, or a
  5  7 Medicare-certified hospice program or facility, with notice of
  5  8 the death to a physician and in accordance with the directions
  5  9 of a physician.
  5 10    2.  Notwithstanding subsection 1, a physician assistant
  5 11 licensed pursuant to this chapter or authorized to practice in
  5 12 any other state who voluntarily and gratuitously, and other
  5 13 than in the ordinary course of the physician assistant's
  5 14 employment or practice, responds to a need for medical care
  5 15 created by an emergency or a state or local disaster may
  5 16 render such care that the physician assistant is able to
  5 17 provide without the supervision of the physician or physicians
  5 18 specified in the physician assistant license, or under such
  5 19 supervision as is available.
  5 20    Sec. 10.  Section 148C.11, Code 2003, is amended to read as
  5 21 follows:
  5 22    148C.11  PROHIBITION – CRIME.
  5 23    A person not registered and licensed as required by this
  5 24 chapter who practices as a physician assistant without having
  5 25 obtained the appropriate approval under this chapter, is
  5 26 guilty of a serious misdemeanor.
  5 27    Sec. 11.  Section 496C.2, subsection 4, Code 2003, is
  5 28 amended to read as follows:
  5 29    4.  "Profession" means the profession of certified public
  5 30 accountancy, architecture, chiropractic, dentistry, physical
  5 31 therapy, psychology, professional engineering, land surveying,
  5 32 landscape architecture, law, medicine and surgery, optometry,
  5 33 osteopathy, osteopathic medicine and surgery, accounting
  5 34 practitioner, podiatry, speech pathology, audiology,
  5 35 veterinary medicine, pharmacy, the practice of a licensed
  6  1 physician assistant, and the practice of nursing.
  6  2    Sec. 12.  Sections 148C.2, 148C.5A, and 148C.6A, Code 2003,
  6  3 are repealed.  
  6  4                           EXPLANATION
  6  5    This bill modifies licensure requirements for physician
  6  6 assistants.
  6  7    The bill eliminates provisions relating to registration as
  6  8 a physician assistant, and incorporates requirements for
  6  9 physician assistant qualifications and identification of
  6 10 eligible physician supervisors within a single licensure
  6 11 process.  The bill also eliminates provisions regarding
  6 12 appeals to the board of medical examiners of decisions of the
  6 13 board of physician assistant examiners in a contested case
  6 14 involving discipline of a licensed physician assistant.
  6 15    The bill provides for changes to the definitions applicable
  6 16 to physician assistants pursuant to Code chapter 148C.  The
  6 17 bill provides that an approved program for the education of
  6 18 physician assistants refers to a program accredited by the
  6 19 American medical association's committee on allied health
  6 20 education and accreditation, its successor, the commission on
  6 21 accreditation of allied health educational programs, its
  6 22 successor, the accreditation review commission on education
  6 23 for the physician assistant, or its successor, rather than
  6 24 pursuant to rules as currently defined.
  6 25    The bill also provides that a physician refers to a person
  6 26 who is currently licensed in Iowa to practice medicine and
  6 27 surgery, osteopathic medicine and surgery, or osteopathy, and
  6 28 who is actively engaged in the practice of medicine and
  6 29 surgery, osteopathic medicine and surgery, or osteopathy in
  6 30 Iowa.  The bill provides, however, that a physician
  6 31 supervising a physician assistant employed by the federal
  6 32 government shall not be required to obtain licensure beyond
  6 33 licensure requirements mandated by the federal government for
  6 34 physicians or supervising physicians.
  6 35    The bill provides for modifications regarding requirements
  7  1 for licensure as a physician assistant consistent with the
  7  2 revised definitions and elimination of registration as a
  7  3 physician assistant.
  7  4    The bill provides that a physician assistant who
  7  5 voluntarily and gratuitously, and other than in the ordinary
  7  6 course of employment or practice, responds to a need for
  7  7 medical care created by such an emergency or a state or local
  7  8 disaster shall not be subject to criminal liability by reason
  7  9 of having issued or executed the orders for such care that
  7 10 they are able to provide without the supervision of a
  7 11 physician, and shall not be liable for civil damages for acts
  7 12 or omissions relating to the issuance or execution of the
  7 13 orders unless the acts or omissions constitute recklessness.
  7 14    The bill makes corresponding changes to Code chapter 148C.
  7 15 The bill provides that a physician assistant licensed to
  7 16 perform medical services under the supervision of a physician
  7 17 or physicians specified in the physician assistant's license,
  7 18 or authorized to practice in any other state, who voluntarily
  7 19 and gratuitously, and other than in the ordinary course of the
  7 20 physician assistant's employment or practice, responds to a
  7 21 need for medical care created by an emergency or a state or
  7 22 local disaster may render care without the supervision of the
  7 23 physician or physicians specified in the physician assistant
  7 24 license, or under such supervision as is available.
  7 25    The bill provides for the addition of the practice of
  7 26 licensed physician assistant to the list of professions which
  7 27 may form a professional corporation pursuant to Code chapter
  7 28 496C.  
  7 29 LSB 1437HC 80
  7 30 rn/cf/24
     

Text: HSB00108                          Text: HSB00110
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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