Text: HSB00190                          Text: HSB00192
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 191

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 148.13, subsections 1 and 4, Code 2003,
  2 19 are amended by striking the subsections.
  2 20    Sec. 5.  Section 148C.1, subsection 1, Code 2003, is
  2 21 amended by striking the subsection and inserting in lieu
  2 22 thereof the following:
  2 23    1.  "Approved program" means a program for the education of
  2 24 physician assistants which has been accredited by the American
  2 25 medical association's committee on allied health education and
  2 26 accreditation, by its successor, the commission on
  2 27 accreditation of allied health educational programs, or by its
  2 28 successor, the accreditation review commission on education
  2 29 for the physician assistant, or its successor.
  2 30    Sec. 6.  Section 148C.1, subsection 5, Code 2003, is
  2 31 amended to read as follows:
  2 32    5.  "Physician" means a person who is currently licensed in
  2 33 Iowa to practice medicine and surgery, osteopathic medicine
  2 34 and surgery, or osteopathy.  Notwithstanding this subsection,
  2 35 a physician supervising a physician assistant practicing in a
  3  1 federal jurisdiction shall not be required to obtain licensure
  3  2 beyond licensure requirements mandated by the federal
  3  3 government for supervising physicians.
  3  4    Sec. 7.  Section 148C.1, subsection 7, Code 2003, is
  3  5 amended by striking the subsection.
  3  6    Sec. 8.  Section 148C.3, Code 2003, is amended by striking
  3  7 the section and inserting in lieu thereof the following:
  3  8    148C.3  LICENSURE.
  3  9    1.  The board shall adopt rules to govern the licensure of
  3 10 physician assistants.  An applicant for licensure shall submit
  3 11 the fee prescribed by the board and shall meet the
  3 12 requirements established by the board with respect to each of
  3 13 the following:
  3 14    a.  Academic qualifications, including evidence of
  3 15 graduation from an approved program.  A physician assistant
  3 16 who is not a graduate of an approved program, but who passed
  3 17 the national commission on certification of physician
  3 18 assistants' physician assistant national certifying
  3 19 examination prior to 1986, is exempt from this graduation
  3 20 requirement.
  3 21    b.  Evidence of passing the national commission on the
  3 22 certification of physician assistants' physician assistant
  3 23 national certifying examination or an equivalent examination
  3 24 approved by the board.
  3 25    c.  Hours of continuing medical education necessary to
  3 26 become or remain licensed.
  3 27    2.  Rules shall be adopted by the board pursuant to this
  3 28 chapter permitting a licensed physician assistant to be
  3 29 supervised by physicians.
  3 30    3.  A licensed physician assistant shall perform only those
  3 31 services for which the licensed physician assistant is
  3 32 qualified by training.
  3 33    4.  The board may issue a temporary license under special
  3 34 circumstances and upon conditions prescribed by the board.  A
  3 35 temporary license shall not be valid for more than one year
  4  1 and shall not be renewed more than once.
  4  2    5.  The board may issue an inactive license under
  4  3 conditions prescribed by rules adopted by the board.
  4  4    Sec. 9.  Section 148C.4, Code 2003, is amended to read as
  4  5 follows:
  4  6    148C.4  SERVICES PERFORMED BY PHYSICIAN ASSISTANTS.
  4  7    1.  A physician assistant may perform medical services when
  4  8 the services are rendered under the supervision of the a
  4  9 physician or physicians specified in the physician assistant
  4 10 license approved by the board.  A trainee physician assistant
  4 11 student may perform medical services when the services are
  4 12 rendered within the scope of an approved program.  For the
  4 13 purposes of this section, "medical services when the services
  4 14 are rendered under the supervision of the physician or
  4 15 physicians specified in the physician assistant license
  4 16 approved by the board" a physician" includes making a
  4 17 pronouncement of death for a patient whose death is
  4 18 anticipated if the death occurs in a licensed hospital, a
  4 19 licensed health care facility, a Medicare-certified home
  4 20 health agency, or a Medicare-certified hospice program or
  4 21 facility, with notice of the death to a physician and in
  4 22 accordance with the directions of a physician.
  4 23    2.  Notwithstanding subsection 1, a physician assistant
  4 24 licensed pursuant to this chapter or authorized to practice in
  4 25 any other state or federal jurisdiction who voluntarily and
  4 26 gratuitously, and other than in the ordinary course of the
  4 27 physician assistant's employment or practice, responds to a
  4 28 need for medical care created by an emergency or a state or
  4 29 local disaster may render such care that the physician
  4 30 assistant is able to provide without supervision as described
  4 31 in this section or with such supervision as is available.
  4 32    A physician who supervises a physician assistant providing
  4 33 medical care pursuant to this subsection shall not be required
  4 34 to meet the requirements of rules adopted pursuant to section
  4 35 148C.3, subsection 2, relating to supervision by physicians.
  5  1 A physician providing physician assistant supervision pursuant
  5  2 to this subsection or a physician assistant, who voluntarily
  5  3 and gratuitously, and other than in the ordinary course of the
  5  4 physician assistant's employment or practice, responds to a
  5  5 need for medical care created by an emergency or a state or
  5  6 local disaster shall not be subject to criminal liability by
  5  7 reason of having issued or executed the orders for such care,
  5  8 and shall not be liable for civil damages for acts or
  5  9 omissions relating to the issuance or execution of the orders
  5 10 unless the acts or omissions constitute recklessness.
  5 11    Sec. 10.  Section 148C.11, Code 2003, is amended to read as
  5 12 follows:
  5 13    148C.11  PROHIBITION – CRIME.
  5 14    A person not registered and licensed as required by this
  5 15 chapter who practices as a physician assistant without having
  5 16 obtained the appropriate approval under this chapter, is
  5 17 guilty of a serious misdemeanor.
  5 18    Sec. 11.  Section 496C.2, subsection 4, Code 2003, is
  5 19 amended to read as follows:
  5 20    4.  "Profession" means the profession of certified public
  5 21 accountancy, architecture, chiropractic, dentistry, physical
  5 22 therapy, psychology, professional engineering, land surveying,
  5 23 landscape architecture, law, medicine and surgery, optometry,
  5 24 osteopathy, osteopathic medicine and surgery, accounting
  5 25 practitioner, podiatry, speech pathology, audiology,
  5 26 veterinary medicine, pharmacy, the practice of physician
  5 27 assisting, and the practice of nursing.
  5 28    Sec. 12.  PHYSICIAN ASSISTANTS – RULES.  The board shall
  5 29 adopt new rules pursuant to chapter 17A to administer chapter
  5 30 148C no later than January 1, 2004.  The rules shall be
  5 31 designed to encourage the utilization of physician assistants
  5 32 in a manner that is consistent with the provision of quality
  5 33 health care and medical services for the citizens of Iowa
  5 34 through better utilization of available physicians and the
  5 35 development of sound programs for the education and training
  6  1 of skilled physician assistants well qualified to assist
  6  2 physicians in providing health care and medical services.
  6  3    Sec. 13.  Sections 148C.2, 148C.5A, 148C.6A, and 148C.7,
  6  4 Code 2003, are repealed.
  6  5    Sec. 14.  EFFECTIVE DATE.  This Act, being deemed of
  6  6 immediate importance, takes effect upon enactment.  
  6  7                           EXPLANATION
  6  8    This bill modifies licensure requirements for physician
  6  9 assistants.
  6 10    The bill eliminates provisions relating to registration as
  6 11 a physician assistant, and also eliminates the physician
  6 12 assistant rules review group established in Code section
  6 13 148C.7, which functions to review and either approve or
  6 14 disapprove proposed rules by the board of physician assistant
  6 15 examiners.  The bill further eliminates provisions regarding
  6 16 the adoption of rules by December 31, 1988, relating to the
  6 17 eligibility of a physician to serve as a supervising
  6 18 physician, and regarding appeals to the board of medical
  6 19 examiners of decisions of the board of physician assistant
  6 20 examiners in a contested case involving discipline of a
  6 21 licensed physician assistant.
  6 22    The bill provides for changes to the definitions applicable
  6 23 to physician assistants pursuant to Code chapter 148C.  The
  6 24 bill provides that an approved program for the education of
  6 25 physician assistants refers to a program accredited by the
  6 26 American medical association's committee on allied health
  6 27 education and accreditation, its successor, the commission on
  6 28 accreditation of allied health educational programs, its
  6 29 successor, the accreditation review commission on education
  6 30 for the physician assistant, or its successor, rather than
  6 31 pursuant to rules as currently defined.
  6 32    The bill provides that a physician practicing in a federal
  6 33 jurisdiction and supervising a physician assistant shall not
  6 34 be required to obtain licensure beyond licensure requirements
  6 35 mandated by the federal government for supervising physicians.
  7  1    The bill provides for modifications regarding requirements
  7  2 for licensure as a physician assistant consistent with the
  7  3 revised definitions and elimination of registration as a
  7  4 physician assistant.
  7  5    The bill provides that a physician assistant licensed
  7  6 pursuant to Code chapter 148C or in any other state or federal
  7  7 jurisdiction who voluntarily and gratuitously, and other than
  7  8 in the ordinary course of the physician assistant's employment
  7  9 or practice, responds to a need for medical care created by an
  7 10 emergency or disaster may render such care that the physician
  7 11 assistant is able to provide without supervision or with such
  7 12 supervision as is available.  The bill also provides that a
  7 13 physician who supervises a physician assistant providing such
  7 14 medical care shall not be required to meet rules relating to
  7 15 supervision by physicians, and that the physician or a
  7 16 physician assistant shall not be subject to criminal liability
  7 17 by reason of having issued or executed the orders for such
  7 18 care, and shall not be liable for civil damages for acts or
  7 19 omissions relating to the issuance or execution of the orders
  7 20 unless the acts or omissions constitute recklessness.
  7 21    The bill provides for the addition of the practice of
  7 22 licensed physician assistant to the list of professions which
  7 23 may form a professional corporation pursuant to Code chapter
  7 24 496C.
  7 25    The bill further requires that the board of physician
  7 26 assistant examiners adopt new rules relating to administration
  7 27 of Code chapter 148C on or before January 1, 2004.
  7 28    The bill takes effect upon enactment.  
  7 29 LSB 2343YC 80
  7 30 rn/cf/24.1
     

Text: HSB00190                          Text: HSB00192
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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