House File 2041 - Introduced HOUSE FILE 2041 BY PETTENGILL , VANDER LINDEN , and L. MILLER A BILL FOR An Act regarding the supervision of physician assistants by 1 physicians and providing for emergency rulemaking authority, 2 and including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5098HH (4) 86 tr/nh
H.F. 2041 Section 1. Section 148.13, Code 2016, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 01. a. The board of medicine shall 3 adopt rules regarding the supervision of a licensed physician 4 assistant by a physician, notwithstanding any provision to the 5 contrary. 6 b. The board shall adopt emergency rules under section 7 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph 8 “b” , to implement the provisions of this subsection. Any 9 emergency rules adopted in accordance with this subsection 10 shall also be published as a notice of intended action as 11 provided in section 17A.4. 12 Sec. 2. Section 148C.1, subsection 4, Code 2016, is amended 13 to read as follows: 14 4. “Licensed physician assistant” means a person who is 15 licensed by the board to practice as a physician assistant 16 under the supervision of one or more physicians. “Supervision” 17 does not require the personal presence of the supervising 18 physician at the place where medical services are rendered 19 except insofar as the personal presence is expressly required 20 by this chapter or required by rules of the board of medicine 21 adopted pursuant to this chapter 148 . 22 Sec. 3. Section 148C.3, subsection 2, Code 2016, is amended 23 by striking the subsection. 24 Sec. 4. Section 148C.4, subsection 2, paragraph b, Code 25 2016, is amended to read as follows: 26 b. A physician who supervises a physician assistant 27 providing medical care pursuant to this subsection shall not 28 be required to meet the requirements of rules adopted pursuant 29 to section 148C.3, subsection 2 , by the board of medicine 30 relating to supervision by physicians. A physician providing 31 physician assistant supervision pursuant to this subsection or 32 a physician assistant, who voluntarily and gratuitously, and 33 other than in the ordinary course of the physician assistant’s 34 employment or practice, responds to a need for medical care 35 -1- LSB 5098HH (4) 86 tr/nh 1/ 2
H.F. 2041 created by an emergency or a state or local disaster shall not 1 be subject to criminal liability by reason of having issued or 2 executed the orders for such care, and shall not be liable for 3 civil damages for acts or omissions relating to the issuance or 4 execution of the orders unless the acts or omissions constitute 5 recklessness. 6 Sec. 5. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 7 immediate importance, takes effect upon enactment. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill requires the board of medicine to adopt emergency 12 rules regarding the supervision of a licensed physician 13 assistant by a physician. The bill removes the authority of 14 the board of physician assistants to adopt administrative 15 rules regarding the supervision of physician assistants by 16 physicians. It also modifies references relating to the 17 sources of the rules regarding the supervision of physician 18 assistants by physicians. 19 The bill takes effect upon enactment. 20 -2- LSB 5098HH (4) 86 tr/nh 2/ 2