House File 591 - Introduced HOUSE FILE 591 BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO HF 189) A BILL FOR An Act relating to physician supervision of physician 1 assistants, and including effective date and retroactive 2 applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2040HV (2) 87 tr/nh

H.F. 591 Section 1. NEW SECTION . 148C.5 Supervising physicians —— 1 board of medicine —— rulemaking requirements. 2 1. If the board commences a contested case hearing against 3 a physician assistant by delivering a statement of charges 4 and notice of hearing to the physician assistant, the board 5 shall deliver a copy of the statement of charges and notice of 6 hearing to the physician assistant’s supervising physician. 7 2. The board shall adopt rules pursuant to chapter 17A 8 to establish specific procedures for consulting with and 9 sharing information with the board of medicine regarding cases 10 where evidence exists that a physician assistant may have 11 been inadequately supervised by the physician assistant’s 12 supervising physician. 13 3. The board shall not amend or rescind any of the following 14 rules unless, prior to the submission of such an amendment or 15 rescission to the administrative rules coordinator, the board 16 consults with and receives approval from the board of medicine 17 to make such a submission: 18 a. 645 IAC 326.1 regarding the following terms: 19 (1) “Physician”. 20 (2) “Physician assistant”. 21 (3) “Supervising physician”. 22 (4) “Supervision”. 23 b. 645 IAC 326.2(1)(f). 24 c. 645 IAC 326.4(6). 25 d. 645 IAC 326.8. 26 e. 645 IAC 326.19(3)(b)(3). 27 f. 645 IAC 327.1(1)(s)(1)-(4). 28 g. 645 IAC 327.1(1)(u). 29 h. 645 IAC 327.1(1)(z). 30 i. 645 IAC 327.4(1)(b)(2)-(4). 31 j. 645 IAC 327.4(2). 32 k. 645 IAC 327.6(1)(d). 33 Sec. 2. REPEAL. 2015 Iowa Acts, chapter 137, section 113, 34 is repealed. 35 -1- LSB 2040HV (2) 87 tr/nh 1/ 3

H.F. 591 Sec. 3. PHYSICIAN ASSISTANT SUPERVISION RULEMAKING ACTIONS. 1 1. The board of physician assistants shall take no further 2 action relating to ARC 2832C. ARC 2832C is terminated as of 3 the effective date of this Act. 4 2. a. The amendments to 653 Iowa administrative code, rules 5 21.4, 21.5, 21.6, 21.7, and 21.8; and 653 Iowa administrative 6 code, chapter 21, implementation sentence, as appearing in ARC 7 2532C, as published in the Iowa administrative bulletin, volume 8 XXXVIII, number 23, dated May 11, 2016, pp. 2190-2193, are 9 rescinded. 10 b. As soon as practicable, the Iowa administrative code 11 editor shall restore the language of the Iowa administrative 12 code referenced in paragraph “a” of this subsection to the 13 language that existed on May 10, 2016. 14 Sec. 4. RETROACTIVE APPLICABILITY. The section of this Act 15 repealing 2015 Iowa Acts, chapter 137, section 113, applies 16 retroactively to July 1, 2015. 17 Sec. 5. EFFECTIVE DATE. This Act, being deemed of immediate 18 importance, shall be effective upon enactment. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill requires the board of physician assistants to 23 deliver a copy of the statement of charges and notice of 24 hearing to a physician assistant’s supervising physician if the 25 board commences a contested case hearing against a physician 26 assistant. 27 The bill requires the board of physician assistants to adopt 28 rules to establish specific procedures for consulting with 29 and sharing information with the board of medicine regarding 30 cases where evidence exists that a physician assistant may 31 have been inadequately supervised by the physician assistant’s 32 supervising physician. 33 The bill prohibits the board of physician assistants from 34 amending or rescinding certain specified rules unless, prior 35 -2- LSB 2040HV (2) 87 tr/nh 2/ 3

H.F. 591 to the submission of such an amendment or rescission to the 1 administrative rules coordinator, the board consults with and 2 receives approval from the board of medicine to make such a 3 submission. 4 The bill repeals a requirement that the boards of physician 5 assistants and medicine jointly adopt rules pursuant to 6 Code chapter 17A to establish specific minimum standards 7 or a definition of supervision for appropriate supervision 8 of physician assistants by physicians. The repeal applies 9 retroactively to July 1, 2015. 10 The bill prohibits the board of physician assistants from 11 taking further action relating to rule filing ARC 2832C. The 12 bill provides that ARC 2832C is terminated as of the effective 13 date of the bill. 14 The bill rescinds rules and amendments to rules of the 15 board of medicine relating to physician assistant supervision. 16 The effect of rescinding the amendments to these rules is 17 to restore the language of the affected rules to that as it 18 existed prior to the date the adopted amendments to the rules 19 were published in the Iowa administrative bulletin. The bill 20 directs the Iowa administrative code editor to restore the 21 text of the affected rules to the language that existed on 22 May 10, 2016, which was the day before the amendments were 23 published in the Iowa administrative bulletin. The bill also 24 directs the Iowa administrative code editor to remove language 25 of the rescinded rules from the Iowa administrative code. The 26 Iowa administrative code editor is required to complete these 27 actions as soon as practicable. 28 The bill takes effect upon enactment. 29 -3- LSB 2040HV (2) 87 tr/nh 3/ 3