Senate
File
592
-
Introduced
SENATE
FILE
592
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
SSB
1238)
A
BILL
FOR
An
Act
relating
to
the
practice
and
licensure
of
physician
1
assistants,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
147.74,
subsection
17,
Code
2019,
is
1
amended
to
read
as
follows:
2
17.
A
physician
assistant
licensed
under
chapter
148C
3
may
use
the
letters
“P.
A.”
as
a
prefix
or
may
use
the
words
4
“physician
assistant”
after
the
person’s
name
or
signify
the
5
same
by
the
use
of
or
the
letters
“P.
A.”
after
the
person’s
6
name.
7
Sec.
2.
Section
147.136,
subsection
1,
Code
2019,
is
amended
8
to
read
as
follows:
9
1.
Except
as
otherwise
provided
in
subsection
2
,
in
an
10
action
for
damages
for
personal
injury
against
a
physician
and
11
surgeon,
osteopathic
physician
and
surgeon,
dentist,
podiatric
12
physician,
optometrist,
pharmacist,
chiropractor,
physician
13
assistant,
or
nurse
licensed
to
practice
that
profession
in
14
this
state,
or
against
a
hospital
licensed
for
operation
in
15
this
state,
based
on
the
alleged
negligence
of
the
practitioner
16
in
the
practice
of
the
profession
or
occupation,
or
upon
the
17
alleged
negligence
of
the
hospital
in
patient
care,
in
which
18
liability
is
admitted
or
established,
the
damages
awarded
shall
19
not
include
actual
economic
losses
incurred
or
to
be
incurred
20
in
the
future
by
the
claimant
by
reason
of
the
personal
21
injury,
including
but
not
limited
to
the
cost
of
reasonable
and
22
necessary
medical
care,
rehabilitation
services,
and
custodial
23
care,
and
the
loss
of
services
and
loss
of
earned
income,
to
24
the
extent
that
those
losses
are
replaced
or
are
indemnified
by
25
insurance,
or
by
governmental,
employment,
or
service
benefit
26
programs
or
from
any
other
source.
27
Sec.
3.
Section
147.136A,
subsection
1,
paragraph
a,
Code
28
2019,
is
amended
to
read
as
follows:
29
a.
“Health
care
provider”
means
a
hospital
as
defined
in
30
section
135B.1
,
a
health
care
facility
as
defined
in
section
31
135C.1
,
a
health
facility
as
defined
in
section
135P.1
,
a
32
physician
or
an
osteopathic
physician
licensed
under
chapter
33
148
,
a
physician
assistant
licensed
and
practicing
under
a
34
supervising
physician
under
chapter
148C
,
a
podiatrist
licensed
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under
chapter
149
,
a
chiropractor
licensed
under
chapter
151
,
a
1
licensed
practical
nurse,
a
registered
nurse,
or
an
advanced
2
registered
nurse
practitioner
licensed
under
chapter
152
or
3
152E
,
a
dentist
licensed
under
chapter
153
,
an
optometrist
4
licensed
under
chapter
154
,
a
pharmacist
licensed
under
chapter
5
155A
,
a
professional
corporation
under
chapter
496C
that
is
6
owned
by
persons
licensed
to
practice
a
profession
listed
in
7
this
paragraph,
or
any
other
person
or
entity
who
is
licensed,
8
certified,
or
otherwise
authorized
or
permitted
by
the
law
of
9
this
state
to
administer
health
care
in
the
ordinary
course
of
10
business
or
in
the
practice
of
a
profession.
11
Sec.
4.
Section
147.138,
Code
2019,
is
amended
to
read
as
12
follows:
13
147.138
Contingent
fee
of
attorney
reviewed
by
court.
14
In
any
action
for
personal
injury
or
wrongful
death
against
15
any
physician
and
surgeon,
osteopathic
physician
and
surgeon,
16
dentist,
podiatric
physician,
optometrist,
pharmacist,
17
chiropractor
,
physician
assistant,
or
nurse
licensed
under
18
this
chapter
or
against
any
hospital
licensed
under
chapter
19
135B
,
based
upon
the
alleged
negligence
of
the
licensee
in
the
20
practice
of
that
profession
or
occupation,
or
upon
the
alleged
21
negligence
of
the
hospital
in
patient
care,
the
court
shall
22
determine
the
reasonableness
of
any
contingent
fee
arrangement
23
between
the
plaintiff
and
the
plaintiff’s
attorney.
24
Sec.
5.
Section
148C.1,
subsection
1,
Code
2019,
is
amended
25
to
read
as
follows:
26
1.
“Approved
program”
means
a
program
for
the
education
27
of
physician
assistants
which
has
been
accredited
by
the
28
American
medical
association’s
committee
on
allied
health
29
education
and
accreditation
or
its
successor,
by
the
commission
30
on
accreditation
of
allied
health
educational
programs
or
31
its
successor,
or
by
the
accreditation
review
commission
on
32
education
for
the
physician
assistant
or
its
successor
,
or,
if
33
accredited
prior
to
2001,
either
by
the
committee
on
allied
34
health
education
and
accreditation,
or
the
commission
on
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accreditation
of
allied
health
education
programs
.
1
Sec.
6.
Section
148C.3,
Code
2019,
is
amended
to
read
as
2
follows:
3
148C.3
Licensure.
4
1.
The
Pursuant
to
section
147.36,
the
board
shall
adopt
5
rules
to
govern
the
licensure
of
physician
assistants.
An
6
applicant
for
licensure
shall
submit
the
fee
prescribed
by
the
7
board
and
shall
meet
the
requirements
established
by
the
board
8
with
respect
to
each
of
the
following:
9
a.
Academic
qualifications,
including
evidence
of
graduation
10
from
an
approved
program.
A
physician
assistant
who
is
not
a
11
graduate
of
an
approved
program,
but
who
passed
the
national
12
commission
on
certification
of
physician
assistants’
physician
13
assistant
national
certifying
examination
prior
to
1986,
is
14
exempt
from
this
graduation
requirement.
15
b.
Evidence
of
passing
the
national
commission
on
the
16
certification
of
physician
assistants’
physician
assistant
17
national
certifying
examination
or
an
equivalent
examination
18
approved
by
the
board.
19
c.
Hours
of
continuing
medical
education
necessary
to
become
20
or
remain
licensed.
21
2.
Rules
shall
be
adopted
by
the
board
pursuant
to
this
22
chapter
requiring
a
licensed
physician
assistant
to
be
23
supervised
by
physicians.
The
rules
shall
provide
that
not
24
more
than
five
physician
assistants
shall
be
supervised
by
a
25
physician
at
one
time.
The
rules
shall
also
provide
that
a
26
physician
assistant
shall
notify
the
board
of
the
identity
of
27
the
physician
assistant’s
supervising
physician
and
of
any
28
change
in
the
status
of
the
supervisory
relationship.
29
3.
The
board
may
grant
a
license
to
an
applicant
under
this
30
chapter
who
meets
all
of
the
following
requirements:
31
a.
Submits
an
application
on
forms
approved
by
the
board.
32
b.
Pays
the
appropriate
fee
prescribed
by
the
board
pursuant
33
to
section
147.80.
34
c.
Has
successfully
completed
an
educational
program
for
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physician
assistants
from
an
approved
program.
The
board
1
may
grant
a
license
to
an
applicant
who
does
not
meet
the
2
educational
requirement
under
this
paragraph
“c”
if
the
3
applicant
passed
the
physician
assistant
national
certifying
4
examination
administered
by
the
national
commission
on
5
certification
of
physician
assistants
prior
to
1986.
6
d.
Has
passed
an
examination
prescribed
by
the
board
7
pursuant
to
section
147.34.
8
e.
Is
mentally
and
physically
able
to
engage
safely
in
9
practice
as
a
physician
assistant.
10
f.
Is
not
subject
to
current
discipline,
revocation,
11
suspension,
or
probation
for
cause
resulting
from
the
12
applicant’s
practice
as
a
physician
assistant,
unless
the
13
board,
following
consideration
of
the
condition
agrees
to
14
licensure.
15
g.
Is
of
good
moral
character.
16
h.
Submits
to
the
board
any
other
information
the
board
17
deems
necessary
to
evaluate
the
applicant’s
qualifications.
18
4.
Pursuant
to
section
147.4,
the
board
may
refuse
to
grant
19
a
license
to
any
person
otherwise
qualified
upon
the
grounds
20
for
which
a
license
may
be
revoked
or
suspended.
21
5.
The
form
of
the
license
shall
comply
with
section
147.5.
22
3.
6.
A
licensed
physician
assistant
shall
perform
only
23
those
services
for
which
the
licensed
physician
assistant
is
24
qualified
by
training
or
education
or
not
prohibited
by
the
25
board.
26
4.
7.
The
board
may
issue
a
temporary
license
under
special
27
circumstances
and
upon
conditions
prescribed
by
the
board
as
28
specified
in
section
148C.24
.
A
temporary
license
shall
not
29
be
valid
for
more
than
one
year
and
shall
not
be
renewed
more
30
than
once.
31
5.
8.
The
board
may
issue
an
inactive
license
under
32
conditions
prescribed
by
rules
adopted
by
the
board.
33
6.
9.
The
board
shall
adopt
rules
pursuant
to
this
section
34
after
consultation
with
the
board
of
medicine.
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10.
The
board
shall
comply
with
section
147.3
in
determining
1
an
applicant’s
qualifications.
2
11.
The
board
shall
maintain
records
of
licenses
pursuant
3
to
section
147.8.
4
Sec.
7.
NEW
SECTION
.
148C.4A
Blood
specimen
——
peace
5
officer.
6
A
physician
assistant
may,
at
the
request
of
a
peace
officer,
7
withdraw
a
specimen
of
blood
from
a
patient
for
the
purpose
of
8
determining
the
alcohol
concentration
or
the
presence
of
drugs
9
in
the
patient’s
body.
10
Sec.
8.
NEW
SECTION
.
148C.4B
Staff
of
ambulance
or
rescue
11
squad.
12
A
physician
assistant
may
be
a
member
of
the
staff
of
13
an
ambulance
or
rescue
squad
pursuant
to
chapter
147A.
A
14
physician
assistant
who
is
a
member
of
such
staff
shall
possess
15
skills,
training,
and
education
equivalent
to
that
required
16
of
a
certified
advanced
emergency
medical
technician
or
a
17
paramedic.
18
Sec.
9.
NEW
SECTION
.
148C.14
Physician
assistant
title.
19
1.
In
accordance
with
section
147.74,
a
person
who
meets
20
the
qualifications
for
licensure
under
this
chapter
may
use
21
the
letters
“P.
A.”
as
a
prefix
or
may
use
the
words
“physician
22
assistant”
or
the
letters
“P.
A.”
after
the
person’s
name.
23
2.
A
person
who
meets
the
qualifications
for
licensure
under
24
this
chapter
but
does
not
possess
a
current
license
may
use
25
the
title
“P.
A.”
or
“physician
assistant”
but
may
not
act
or
26
practice
as
a
physician
assistant
unless
licensed
under
this
27
chapter.
28
Sec.
10.
NEW
SECTION
.
148C.15
Licensure
by
endorsement.
29
1.
An
applicant
who
has
been
licensed
under
the
laws
of
30
another
jurisdiction
may
file
an
application
for
licensure
by
31
endorsement.
32
2.
An
applicant
for
licensure
by
endorsement
shall
do
all
33
of
the
following:
34
a.
Submit
to
the
board
a
completed
application
according
to
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the
instructions
on
the
application.
1
b.
Pay
the
nonrefundable
licensure
fee.
2
c.
Provide
an
official
copy
of
the
transcript
sent
directly
3
to
the
board
from
an
approved
program
for
the
education
of
4
physician
assistants
or
qualify
for
the
exception
determined
5
by
the
board.
6
d.
Provide
a
copy
of
the
initial
certification
from
the
7
national
commission
on
certification
of
physician
assistants
8
or
its
successor
agency
sent
directly
to
the
board
from
the
9
national
commission
on
certification
of
physician
assistants,
10
or
its
successor
agency.
11
e.
Provide
one
of
the
following
documents:
12
(1)
A
copy
of
current
certification
from
the
national
13
commission
on
certification
of
physician
assistants
or
its
14
successor
agency
sent
directly
to
the
board
from
the
national
15
commission
on
certification
of
physician
assistants
or
its
16
successor
agency.
17
(2)
Proof
of
completion
of
one
hundred
continuing
medical
18
education
hours
for
each
biennium
since
initial
certification.
19
f.
Provide
verification
of
a
license
from
every
jurisdiction
20
in
which
the
applicant
has
been
licensed,
sent
directly
from
21
the
jurisdiction
to
the
board
office.
Web-based
verification
22
may
be
substituted
for
verification
sent
directly
from
the
23
jurisdiction’s
board
office
if
the
verification
provides
all
24
of
the
following:
25
(1)
The
licensee’s
name.
26
(2)
The
date
of
initial
licensure.
27
(3)
The
applicant’s
current
licensure
status.
28
(4)
Any
disciplinary
action
taken
against
the
license.
29
Sec.
11.
NEW
SECTION
.
148C.16
License
renewal.
30
1.
The
biennial
license
renewal
period
for
a
license
to
31
practice
as
a
physician
assistant
shall
begin
on
October
32
1
and
end
on
September
30
two
years
later.
The
licensee
33
shall
be
responsible
for
renewing
the
license
prior
to
its
34
expiration.
Failure
of
the
licensee
to
receive
notice
from
the
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board
regarding
renewal
shall
not
relieve
the
licensee
of
the
1
responsibility
for
renewing
the
license.
2
2.
An
individual
who
was
issued
a
license
within
six
months
3
of
the
license
renewal
date
shall
not
be
required
to
renew
the
4
license
until
the
subsequent
renewal
date
two
years
later.
5
3.
A
licensee
seeking
renewal
shall
comply
with
all
of
the
6
following:
7
a.
Meet
the
continuing
education
requirements
specified
by
8
the
board.
A
licensee
whose
license
was
reactivated
during
the
9
current
renewal
compliance
period
may
use
continuing
education
10
credit
earned
during
the
compliance
period
for
the
first
11
renewal
following
reactivation.
12
b.
Submit
the
completed
renewal
application
and
renewal
fee
13
before
the
license
expiration
date.
14
c.
(1)
Complete
mandatory
reporter
child
abuse
training
15
requirements
as
established
in
section
232.69.
A
licensee
who,
16
in
the
scope
of
professional
practice
or
in
the
licensee’s
17
employment
responsibilities,
examines,
attends,
counsels,
or
18
treats
children
in
this
state
shall
indicate
on
the
renewal
19
application
completion
of
two
hours
of
training
in
child
abuse
20
identification
and
reporting
in
the
previous
five
years
or
21
conditions
for
waiver
of
this
requirement
as
identified
in
22
subparagraph
(5).
23
(2)
Complete
mandatory
reporter
dependent
adult
abuse
24
training
requirements
as
established
in
sections
235B.3
25
and
235E.2.
A
licensee
who,
in
the
course
of
employment
26
responsibilities,
examines,
attends,
counsels,
or
treats
27
adults
in
this
state
shall
indicate
on
the
renewal
application
28
completion
of
two
hours
of
training
in
dependent
adult
abuse
29
identification
and
reporting
in
the
previous
five
years
or
30
conditions
for
waiver
of
this
requirement
as
identified
in
31
subparagraph
(5).
32
(3)
A
licensee
who,
in
the
scope
of
professional
practice
or
33
in
the
course
of
employment,
examines,
attends,
counsels,
or
34
treats
both
children
and
adults
in
this
state
shall
indicate
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on
the
renewal
application
completion
of
training
in
abuse
1
identification
and
reporting
for
children
and
dependent
adults
2
in
the
previous
five
years
or
conditions
for
waiver
of
this
3
requirement
as
identified
in
subparagraph
(5).
Training
4
may
be
completed
through
separate
courses
as
identified
in
5
subparagraphs
(1)
and
(2)
or
in
one
combined
two-hour
course
6
that
includes
curricula
for
identifying
and
reporting
child
7
abuse
and
dependent
adult
abuse.
The
course
shall
be
a
8
curriculum
reviewed
and
approved
by
the
department.
9
(4)
The
licensee
shall
maintain
written
documentation
10
for
five
years
after
mandatory
training
as
identified
in
11
subparagraphs
(1),
(2),
and
(3),
including
program
date,
12
content,
duration,
and
proof
of
participation.
13
(5)
The
requirement
for
mandatory
training
for
identifying
14
and
reporting
child
abuse
and
dependent
adult
abuse
shall
be
15
suspended
if
the
board
determines
that
suspension
is
in
the
16
public
interest
or
that
a
person
at
the
time
of
license
renewal
17
meets
one
of
the
following
conditions:
18
(a)
Is
engaged
in
active
duty
in
the
military
service
of
19
this
state
or
the
United
States.
20
(b)
Holds
a
current
waiver
by
the
board
based
on
evidence
of
21
significant
hardship
in
complying
with
training
requirements,
22
including
an
exemption
of
continuing
education
requirements
or
23
extension
of
time
in
which
to
fulfill
requirements
due
to
a
24
physical
or
mental
disability
or
illness
as
identified
in
645
25
IAC
328.
26
4.
The
board
may
select
licensees
for
audit
of
compliance
27
with
the
requirements
in
subsection
3,
paragraph
“c”
.
28
5.
Upon
receiving
the
information
required
by
this
section
29
and
the
required
fee,
board
staff
shall
administratively
issue
30
a
two-year
license
and
shall
send
the
licensee
a
wallet
card
31
by
regular
mail.
In
the
event
the
board
receives
adverse
32
information
on
the
renewal
application,
the
board
shall
issue
33
the
renewal
license
but
may
refer
the
adverse
information
for
34
further
consideration
or
disciplinary
investigation.
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6.
A
person
licensed
to
practice
as
a
physician
assistant
1
shall
keep
the
physician
assistant’s
license
certificate
and
2
wallet
card
displayed
in
a
conspicuous
public
place
at
the
3
primary
site
of
practice.
4
7.
A
license
shall
be
deemed
late
when
the
license
has
5
not
been
renewed
by
the
expiration
date
on
the
wallet
card,
6
and
the
licensee
shall
be
assessed
a
late
fee
as
specified
7
by
the
board.
To
renew
a
license
deemed
late,
the
licensee
8
shall
complete
the
renewal
requirements
and
submit
the
late
fee
9
within
the
grace
period.
10
8.
If
a
licensee
fails
to
renew
a
license
by
the
end
of
11
the
grace
period,
the
license
shall
be
deemed
inactive.
A
12
licensee
whose
license
is
inactive
shall
continue
to
hold
the
13
privilege
of
licensure
in
the
state,
but
shall
not
practice
14
as
a
physician
assistant
in
the
state
until
the
license
is
15
reactivated.
A
licensee
who
practices
as
a
physician
assistant
16
in
this
state
with
an
inactive
license
may
be
subject
to
17
disciplinary
action
by
the
board,
injunctive
action
pursuant
to
18
section
147.83,
criminal
penalties
pursuant
to
section
147.86,
19
and
other
available
legal
remedies.
20
Sec.
12.
NEW
SECTION
.
148C.17
Grounds
for
discipline.
21
The
board
may
impose
any
of
the
following
disciplinary
22
sanctions
when
the
board
determines
that
the
licensee
is
guilty
23
of
any
of
the
following
acts
or
offenses:
24
1.
Fraud
in
procuring
a
license.
Fraud
in
procuring
25
a
license
includes
but
is
not
limited
to
an
intentional
26
perversion
of
the
truth
in
making
application
for
a
license
to
27
practice
in
this
state
which
includes
the
following:
28
a.
False
representations
of
a
material
fact,
whether
by
29
word
or
by
conduct,
by
false
or
misleading
allegations,
or
by
30
concealment
of
information
which
should
have
been
disclosed
31
when
making
application
for
a
license
in
this
state.
32
b.
Attempting
to
file
or
filing
with
the
board
or
the
33
department
any
false
or
forged
diploma
or
certificate
or
34
affidavit
or
identification
or
qualification
in
making
an
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application
for
a
license
in
this
state.
1
2.
Professional
incompetency.
Professional
incompetency
2
includes,
but
is
not
limited
to:
3
a.
A
substantial
lack
of
knowledge
or
ability
to
discharge
4
professional
obligations
within
the
scope
of
practice.
5
b.
A
substantial
deviation
from
the
standards
of
learning
6
or
skill
ordinarily
possessed
and
applied
by
other
physician
7
assistants
in
this
state
acting
in
the
same
or
similar
8
circumstances.
9
c.
Failure
to
exercise
the
degree
of
care
which
is
10
ordinarily
exercised
by
the
average
physician
assistant
acting
11
in
the
same
or
similar
circumstances.
12
d.
Failure
to
conform
to
the
minimal
standard
of
acceptable
13
and
prevailing
practice
of
a
physician
assistant
in
this
state.
14
e.
Inability
to
practice
with
reasonable
skill
and
safety
15
by
reason
of
illness,
drunkenness,
excessive
use
of
drugs,
16
narcotics,
chemicals,
or
any
other
type
of
material
or
as
a
17
result
of
a
mental
or
physical
condition.
18
f.
Being
adjudged
mentally
incompetent
by
a
court
of
19
competent
jurisdiction.
20
3.
Knowingly
making
misleading,
deceptive,
untrue,
or
21
fraudulent
representations
in
the
practice
of
the
profession
22
or
engaging
in
unethical
conduct
or
practice
harmful
or
23
detrimental
to
the
public.
Proof
of
actual
injury
need
not
be
24
established
to
constitute
an
offense
under
this
subsection.
25
4.
Practice
outside
the
scope
of
the
profession.
26
5.
Use
of
untruthful
or
improbable
statements
in
27
advertisements.
Use
of
untruthful
or
improbable
statements
in
28
advertisements
includes
but
is
not
limited
to
an
action
by
a
29
licensee
in
making
information
or
intention
known
to
the
public
30
which
is
false,
deceptive,
misleading,
or
promoted
through
31
fraud
or
misrepresentation.
32
6.
Habitual
intoxication
or
addiction
to
the
use
of
drugs.
33
7.
Obtaining,
possessing,
attempting
to
obtain
or
possess,
34
or
administering
controlled
substances
without
lawful
35
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authority.
1
8.
Falsification
of
client
records.
2
9.
Acceptance
of
any
fee
by
fraud
or
misrepresentation.
3
10.
Negligence
by
the
licensee
in
the
practice
of
the
4
profession.
Negligence
by
the
licensee
in
the
practice
of
the
5
profession
includes
a
failure
to
exercise
due
care
including
6
negligent
delegation
of
duties
or
supervision
of
employees
7
or
other
individuals,
whether
or
not
injury
results,
or
any
8
conduct,
practice,
or
conditions
which
impair
the
ability
to
9
safely
and
skillfully
practice
the
profession.
10
11.
Conviction
of
a
crime
related
to
the
profession
or
11
occupation
of
the
licensee
or
the
conviction
of
any
crime
that
12
would
affect
the
licensee’s
ability
to
practice
within
the
13
profession,
regardless
of
whether
the
judgment
of
conviction
14
or
sentence
was
deferred.
A
copy
of
the
record
of
conviction
15
or
plea
of
guilty
shall
be
conclusive
evidence
of
the
offense
16
under
this
subsection.
17
12.
Violation
of
a
regulation
or
law
of
this
state,
another
18
state,
or
the
United
States,
which
relates
to
the
practice
of
19
the
profession.
20
13.
Revocation,
suspension,
or
other
disciplinary
action
21
taken
by
a
licensing
authority
of
this
state,
another
state,
22
territory,
or
country,
or
failure
by
the
licensee
to
report
23
in
writing
to
the
board
revocation,
suspension,
or
other
24
disciplinary
action
taken
by
a
licensing
authority
within
25
thirty
days
of
the
final
action.
A
stay
by
an
appellate
26
court
shall
not
negate
this
requirement;
however,
if
such
27
disciplinary
action
is
overturned
or
reversed
by
a
court
of
28
last
resort,
the
report
shall
be
expunged
from
the
records
of
29
the
board.
30
14.
Failure
of
a
licensee
or
an
applicant
for
licensure
31
in
this
state
to
report
any
voluntary
agreements
restricting
32
the
practice
of
the
profession
in
another
state,
territory,
or
33
country.
34
15.
Failure
to
notify
the
board
of
a
criminal
conviction
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within
thirty
days
of
the
action,
regardless
of
the
1
jurisdiction
where
the
criminal
conviction
occurred.
2
16.
Failure
to
notify
the
board
within
thirty
days
after
any
3
judgment
or
settlement
of
a
malpractice
claim
or
action.
4
17.
Engaging
in
any
conduct
that
subverts
or
attempts
to
5
subvert
a
board
investigation.
6
18.
Failure
to
comply
with
a
subpoena
issued
by
the
board
7
or
to
otherwise
fail
to
cooperate
with
an
investigation
of
the
8
board.
9
19.
Failure
to
comply
with
the
terms
of
a
board
order
or
the
10
terms
of
a
settlement
agreement
or
consent
order.
11
20.
Failure
to
pay
costs
assessed
in
any
disciplinary
12
action.
13
21.
Submission
of
a
false
report
of
continuing
education
or
14
failure
to
submit
the
biennial
report
of
continuing
education.
15
22.
Failure
to
report
another
licensee
to
the
board
for
any
16
violations
pursuant
to
section
272C.9.
17
23.
Knowingly
aiding,
assisting,
procuring,
or
advising
a
18
person
to
unlawfully
practice
as
a
physician
assistant.
19
24.
Failure
to
report
a
change
of
name
or
address
within
20
thirty
days
after
it
occurs.
21
25.
Permitting
another
person
to
use
the
licensee’s
license
22
for
any
purpose.
23
26.
Permitting
an
unlicensed
employee
or
person
under
the
24
licensee’s
control
to
perform
activities
requiring
a
license.
25
27.
Unethical
conduct.
In
accordance
with
section
147.55,
26
behavior,
including
acts,
knowledge,
and
practices,
which
27
constitutes
unethical
conduct
including
but
not
limited
to
the
28
following:
29
a.
Verbally
or
physically
abusing
a
patient,
client,
or
30
coworker.
31
b.
Improper
sexual
contact
with,
or
making
suggestive,
32
lewd,
lascivious,
or
improper
remarks
or
advances
to
a
patient,
33
client,
or
coworker.
34
c.
Betrayal
of
a
professional
confidence.
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d.
Engaging
in
a
professional
conflict
of
interest.
1
28.
Failure
to
comply
with
universal
precautions
for
2
preventing
transmission
of
infectious
diseases
as
issued
by
the
3
centers
for
disease
control
and
prevention
of
the
United
States
4
department
of
health
and
human
services.
5
29.
Violation
of
the
terms
of
an
initial
agreement
with
6
the
impaired
practitioner
review
committee
or
violation
of
the
7
terms
of
an
impaired
practitioner
recovery
contract
with
the
8
impaired
practitioner
review
committee.
9
Sec.
13.
NEW
SECTION
.
148C.18
Method
of
discipline.
10
The
board
has
the
authority
to
impose
the
following
11
disciplinary
sanctions:
12
1.
Revocation
of
license.
13
2.
Suspension
of
a
license
until
further
order
of
the
board
14
or
for
a
specific
period.
15
3.
Prohibition
permanently,
until
further
order
of
the
16
board,
or
for
a
specific
period,
against
engaging
in
specified
17
procedures,
methods,
or
acts.
18
4.
Probation.
19
5.
Required
additional
education
or
training.
20
6.
Required
reexamination.
21
7.
Ordering
a
mental,
physical,
or
clinical
competency
22
examination
or
an
alcohol
and
drug
screening
within
a
time
23
specified
by
the
board.
24
8.
Imposing
civil
penalties
not
to
exceed
one
thousand
25
dollars.
26
9.
Issuing
a
citation
and
warning.
27
10.
Such
other
sanctions
allowed
by
law
as
may
be
28
appropriate.
29
Sec.
14.
NEW
SECTION
.
148C.19
Discretion
of
board.
30
The
following
factors
may
be
considered
by
the
board
in
31
determining
the
nature
and
severity
of
the
disciplinary
32
sanction
to
be
imposed:
33
1.
The
relative
serious
nature
of
the
violation
as
it
34
relates
to
ensuring
a
high
standard
of
professional
care
to
the
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citizens
of
this
state.
1
2.
The
facts
of
the
particular
violation.
2
3.
Any
extenuating
facts
or
other
countervailing
3
considerations.
4
4.
The
number
of
prior
violations
or
complaints.
5
5.
The
seriousness
of
prior
violations
or
complaints.
6
6.
Whether
remedial
action
has
been
taken.
7
7.
Such
other
factors
as
may
reflect
upon
the
competency,
8
ethical
standards,
and
professional
conduct
of
the
licensee.
9
Sec.
15.
NEW
SECTION
.
148C.20
Lyme
disease.
10
A
licensee
shall
not
be
disciplined
based
solely
on
the
11
licensee’s
recommendation
of
a
treatment
method
for
Lyme
12
disease
or
other
tick-borne
disease
if
the
recommendation
meets
13
the
criteria
specified
in
section
147.56.
14
Sec.
16.
NEW
SECTION
.
148C.21
Student
physician
assistant.
15
1.
Any
person
who
is
enrolled
as
a
student
in
an
approved
16
program
shall
comply
with
this
chapter.
However,
a
student
is
17
exempt
from
the
licensure
requirements
under
this
chapter.
18
2.
Notwithstanding
any
other
provision
of
this
chapter
to
19
the
contrary,
a
student
may
perform
medical
services
when
the
20
medical
services
are
rendered
within
the
scope
of
an
approved
21
program.
22
Sec.
17.
NEW
SECTION
.
148C.22
License
reactivation.
23
In
accordance
with
section
147.11,
a
licensee
may
apply
for
24
reactivation
of
an
inactive
license.
To
apply
for
reactivation
25
of
an
inactive
license,
a
licensee
shall
do
all
of
the
26
following:
27
1.
Submit
a
reactivation
application
on
a
form
provided
by
28
the
board.
29
2.
Pay
the
reactivation
fee
determined
by
the
board.
30
3.
Provide
verification
of
current
competence
to
practice
31
as
a
physician
assistant
by
satisfying
one
of
the
following
32
criteria:
33
a.
If
the
license
has
been
on
inactive
status
for
five
34
years
or
less,
an
applicant
must
provide
verification
of
the
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license
from
every
jurisdiction
in
which
the
applicant
is
or
1
has
been
licensed
and
is
or
has
been
practicing
during
the
time
2
period
the
Iowa
license
was
inactive,
sent
directly
from
the
3
jurisdiction
to
the
board
office.
Web-based
verification
may
4
be
substituted
for
verification
from
a
jurisdiction’s
board
5
office
if
the
verification
includes:
6
(1)
The
licensee’s
name.
7
(2)
The
date
of
initial
licensure.
8
(3)
The
applicant’s
current
licensure
status.
9
(4)
Any
disciplinary
action
taken
against
the
licensee.
10
(5)
Verification
of
completion
of
one
hundred
hours
of
11
continuing
education
within
two
years
of
an
application
for
12
reactivation
or
certification
from
the
national
commission
on
13
certification
of
physician
assistants
or
its
successor
agency.
14
b.
If
the
license
has
been
on
inactive
status
for
more
15
than
five
years,
an
applicant
must
provide
verification
of
the
16
license
from
every
jurisdiction
in
which
the
applicant
is
or
17
has
been
licensed
and
is
or
has
been
practicing
during
the
time
18
period
the
Iowa
license
was
inactive,
sent
directly
from
the
19
jurisdiction
to
the
board
office.
Web-based
verification
may
20
be
substituted
for
verification
from
a
jurisdiction’s
board
21
office
if
the
verification
includes:
22
(1)
The
licensee’s
name.
23
(2)
The
date
of
initial
licensure.
24
(3)
The
licensee’s
current
licensure
status.
25
(4)
Any
disciplinary
action
taken
against
the
licensee.
26
(5)
Verification
of
completion
of
two
hundred
hours
of
27
continuing
education
within
two
years
of
an
application
for
28
reactivation,
of
which
at
least
forty
percent
of
the
hours
29
completed
shall
be
in
category
I
or
certification
from
the
30
national
commission
on
certification
of
physician
assistants
31
or
its
successor
agency.
32
Sec.
18.
NEW
SECTION
.
148C.23
License
reinstatement.
33
In
accordance
with
section
147.11,
a
licensee
whose
license
34
has
been
revoked,
suspended,
or
voluntarily
surrendered
35
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must
apply
for
and
receive
reinstatement
of
the
license
and
1
must
apply
for
and
be
granted
reactivation
of
the
license
2
in
accordance
with
section
148C.22
prior
to
practicing
as
a
3
physician
assistant
in
this
state.
4
Sec.
19.
NEW
SECTION
.
148C.24
Temporary
licensure.
5
1.
A
temporary
license
may
be
issued
for
an
applicant
6
who
has
not
taken
the
national
commission
on
certification
7
of
physician
assistants
initial
certification
examination
or
8
successor
agency
examination
or
is
waiting
for
the
results
of
9
the
examination.
10
2.
The
applicant
must
complete
an
application
and
pay
the
11
appropriate
fee
established
by
the
board.
12
3.
A
temporary
license
shall
be
valid
for
one
year
from
the
13
date
of
issuance.
14
4.
The
temporary
license
shall
be
renewed
only
once
upon
15
the
applicant
showing
proof
that,
through
no
fault
of
the
16
applicant,
the
applicant
was
unable
to
take
the
certification
17
examination
recognized
by
the
board.
Proof
of
inability
to
18
take
the
certification
examination
shall
be
submitted
to
the
19
board
office
with
a
written
request
for
renewal
of
a
temporary
20
license,
accompanied
by
the
temporary
license
renewal
fee.
21
5.
If
the
temporary
licensee
fails
the
certification
22
examination,
the
temporary
licensee
must
cease
practice
23
immediately
and
surrender
the
temporary
license
by
the
next
24
business
day.
25
6.
There
shall
be
no
additional
fee
for
an
applicant
26
converting
temporary
licensure
to
permanent
licensure.
27
7.
The
applicant
shall
ensure
that
certification
of
28
completion
is
sent
to
the
board
directly
from
an
approved
29
program
for
the
education
of
physician
assistants.
The
30
certification
of
completion
must
be
signed
by
a
designee
from
31
the
approved
program.
32
Sec.
20.
Section
249A.4,
subsection
7,
paragraph
b,
Code
33
2019,
is
amended
to
read
as
follows:
34
b.
Advanced
registered
nurse
practitioners
licensed
pursuant
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to
chapter
152
and
physician
assistants
licensed
pursuant
to
1
chapter
148C
shall
be
regarded
as
approved
providers
of
health
2
care
services,
including
primary
care,
for
purposes
of
managed
3
care
or
prepaid
services
contracts
under
the
medical
assistance
4
program.
This
paragraph
shall
not
be
construed
to
expand
the
5
scope
of
practice
of
an
advanced
registered
nurse
practitioner
6
pursuant
to
chapter
152
or
physician
assistants
pursuant
to
7
chapter
148C
.
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
relates
to
the
practice
and
licensure
of
physician
12
assistants
in
the
state.
The
bill
codifies
several
provisions
13
currently
in
administrative
rules
including
those
relating
14
to
services
which
may
be
performed
by
a
physician
assistant,
15
a
physician
assistant’s
title,
licensure
by
endorsement,
16
license
renewal,
grounds
for
discipline,
methods
of
discipline,
17
the
discretionary
factors
to
be
considered
by
the
board
of
18
physician
assistants
in
a
disciplinary
action,
discipline
19
relative
to
treatment
for
Lyme
disease,
student
physician
20
assistants,
license
reactivation,
license
reinstatement,
and
21
temporary
licensure.
The
bill
also
makes
conforming
changes
in
22
the
Code
to
reflect
the
other
changes
in
the
bill.
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