HF 591 (LSB 2040HV (2) 87)

HOUSE FILE 591

BY  COMMITTEE ON HUMAN RESOURCES

(SUCCESSOR TO HF 189)

A BILL FOR

An Act relating to physician supervision of physician assistants, and including effective date and retroactive applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  148C.5  Supervising physicians —— board of medicine —— rulemaking requirements.
   1.  If the board commences a contested case hearing against a physician assistant by delivering a statement of charges and notice of hearing to the physician assistant, the board shall deliver a copy of the statement of charges and notice of hearing to the physician assistant’s supervising physician.
   2.  The board shall adopt rules pursuant to chapter 17A to establish specific procedures for consulting with and sharing information with the board of medicine regarding cases where evidence exists that a physician assistant may have been inadequately supervised by the physician assistant’s supervising physician.
   3.  The board shall not amend or rescind any of the following rules unless, prior to the submission of such an amendment or rescission to the administrative rules coordinator, the board consults with and receives approval from the board of medicine to make such a submission:
   a.  645 IAC 326.1 regarding the following terms:
   (1)  “Physician”.
   (2)  “Physician assistant”.
   (3)  “Supervising physician”.
   (4)  “Supervision”.
   b.  645 IAC 326.2(1)(f).
   c.  645 IAC 326.4(6).
   d.  645 IAC 326.8.
   e.  645 IAC 326.19(3)(b)(3).
   f.  645 IAC 327.1(1)(s)(1)-(4).
   g.  645 IAC 327.1(1)(u).
   h.  645 IAC 327.1(1)(z).
   i.  645 IAC 327.4(1)(b)(2)-(4).
   j.  645 IAC 327.4(2).
   k.  645 IAC 327.6(1)(d).
    Sec. 2.  REPEAL.  2015 Iowa Acts, chapter 137, section 113, is repealed.
    Sec. 3.  PHYSICIAN ASSISTANT SUPERVISION RULEMAKING ACTIONS.
   1.  The board of physician assistants shall take no further action relating to ARC 2832C. ARC 2832C is terminated as of the effective date of this Act.
   2.  a.  The amendments to 653 Iowa administrative code, rules 21.4, 21.5, 21.6, 21.7, and 21.8; and 653 Iowa administrative code, chapter 21, implementation sentence, as appearing in ARC 2532C, as published in the Iowa administrative bulletin, volume XXXVIII, number 23, dated May 11, 2016, pp. 2190-2193, are rescinded.
   b.  As soon as practicable, the Iowa administrative code editor shall restore the language of the Iowa administrative code referenced in paragraph “a” of this subsection to the language that existed on May 10, 2016.
    Sec. 4.  RETROACTIVE APPLICABILITY.  The section of this Act repealing 2015 Iowa Acts, chapter 137, section 113, applies retroactively to July 1, 2015.
    Sec. 5.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, shall be effective upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires the board of physician assistants to deliver a copy of the statement of charges and notice of hearing to a physician assistant’s supervising physician if the board commences a contested case hearing against a physician assistant.
   The bill requires the board of physician assistants to adopt rules to establish specific procedures for consulting with and sharing information with the board of medicine regarding cases where evidence exists that a physician assistant may have been inadequately supervised by the physician assistant’s supervising physician.
   The bill prohibits the board of physician assistants from amending or rescinding certain specified rules unless, prior to the submission of such an amendment or rescission to the administrative rules coordinator, the board consults with and receives approval from the board of medicine to make such a submission.
   The bill repeals a requirement that the boards of physician assistants and medicine jointly adopt rules pursuant to Code chapter 17A to establish specific minimum standards or a definition of supervision for appropriate supervision of physician assistants by physicians. The repeal applies retroactively to July 1, 2015.
   The bill prohibits the board of physician assistants from taking further action relating to rule filing ARC 2832C. The bill provides that ARC 2832C is terminated as of the effective date of the bill.
   The bill rescinds rules and amendments to rules of the board of medicine relating to physician assistant supervision. The effect of rescinding the amendments to these rules is to restore the language of the affected rules to that as it existed prior to the date the adopted amendments to the rules were published in the Iowa administrative bulletin. The bill directs the Iowa administrative code editor to restore the text of the affected rules to the language that existed on May 10, 2016, which was the day before the amendments were published in the Iowa administrative bulletin. The bill also directs the Iowa administrative code editor to remove language of the rescinded rules from the Iowa administrative code. The Iowa administrative code editor is required to complete these actions as soon as practicable.
   The bill takes effect upon enactment.