House
File
426
-
Introduced
HOUSE
FILE
426
BY
PETTENGILL
,
VANDER
LINDEN
,
and
JONES
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
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426
Section
1.
Section
148.13,
Code
2017,
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
2017,
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
2017,
is
amended
23
by
striking
the
subsection.
24
Sec.
4.
Section
148C.4,
subsection
2,
paragraph
b,
Code
25
2017,
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
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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
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