3 | 2 | | *JMB093* 01/23/2025 3:36:42 PM JMB093 |
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4 | 3 | | State of Arkansas 1 |
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5 | 4 | | 95th General Assembly A Bill 2 |
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6 | 5 | | Regular Session, 2025 SENATE BILL 99 3 |
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7 | 6 | | 4 |
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8 | 7 | | By: Senator C. Penzo 5 |
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9 | 8 | | By: Representative Gramlich 6 |
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10 | 9 | | 7 |
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11 | 10 | | For An Act To Be Entitled 8 |
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12 | 11 | | AN ACT TO AUTHORIZE A PHYSICIAN ASSISTANT TO DELEGATE 9 |
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13 | 12 | | CERTAIN TASKS; AND FOR OTHER PURPOSES. 10 |
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14 | 13 | | 11 |
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15 | 14 | | 12 |
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16 | 15 | | Subtitle 13 |
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17 | 16 | | TO AUTHORIZE A PHYSICIAN ASSISTANT TO 14 |
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18 | 17 | | DELEGATE CERTAIN TASKS. 15 |
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19 | 18 | | 16 |
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20 | 19 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17 |
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21 | 20 | | 18 |
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22 | 21 | | SECTION 1. Arkansas Code § 17 -95-208 is amended to read as follows: 19 |
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23 | 22 | | 17-95-208. Rules on physician's authority to delegate. 20 |
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24 | 23 | | (a) The Arkansas State Medical Board shall adopt rules that establish 21 |
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25 | 24 | | standards to be met and procedures to be followed by a physician or a 22 |
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26 | 25 | | physician assistant with respect to the physician's delegation of the 23 |
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27 | 26 | | performance of medical practices to a qualified and properly trained employee 24 |
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28 | 27 | | who is not licensed or otherwise specifically authorized by the Arkansas Code 25 |
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29 | 28 | | to perform the practice. 26 |
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30 | 29 | | (b) The rules adopted under subsection (a) of this section shall 27 |
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31 | 30 | | provide that: 28 |
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32 | 31 | | (1) The delegating physician or a physician assistant remains 29 |
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33 | 32 | | responsible for the acts of the employee performing the delegated practice; 30 |
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34 | 33 | | (2) The employee performing the delegated practice shall not be 31 |
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35 | 34 | | represented to the public as a licensed physician, licensed nurse, licensed 32 |
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36 | 35 | | physician's assistant, or other licensed healthcare provider; and 33 |
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37 | 36 | | (3) Medical practices delegated under this section shall be 34 |
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38 | 37 | | performed under the physician's supervision of the physician or physician 35 |
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39 | 38 | | assistant. 36 SB99 |
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40 | 39 | | |
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41 | 40 | | 2 01/23/2025 3:36:42 PM JMB093 |
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42 | 41 | | (c) Delegation of medical practices under this section may include 1 |
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43 | 42 | | administration of drugs that do not require substantial specialized judgment 2 |
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44 | 43 | | and skill based on knowledge and application of the principles of biological, 3 |
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45 | 44 | | physical, and social sciences as determined by the board. 4 |
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46 | 45 | | (d) Rules adopted regarding the delegation of the administration of 5 |
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47 | 46 | | drugs shall provide for: 6 |
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48 | 47 | | (1) The delegated administration of drugs only within the 7 |
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49 | 48 | | physical boundaries of the office in which the delegating physician's offices 8 |
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50 | 49 | | physician or physician assistant practices ; 9 |
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51 | 50 | | (2) Evaluation of whether delegation is appropriate according to 10 |
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52 | 51 | | the acuity of the patient involved; 11 |
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53 | 52 | | (3) Training and competency requirements that shall be met by 12 |
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54 | 53 | | the person administering the drugs; and 13 |
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55 | 54 | | (4) Other standards and procedures the board considers relevant. 14 |
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56 | 55 | | (e) The board shall not adopt rules that: 15 |
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57 | 56 | | (1) Authorize a physician to transfer to a health professional 16 |
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58 | 57 | | other than another a physician or physician assistant the physician's 17 |
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59 | 58 | | responsibility for supervising a delegated medical practice; 18 |
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60 | 59 | | (2) Authorize an individual to whom a medical practice is 19 |
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61 | 60 | | delegated to delegate the performance of that practice to another individual; 20 |
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62 | 61 | | (3) Authorize a physician to delegate the administration of 21 |
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63 | 62 | | anesthesia; or 22 |
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64 | 63 | | (4)(3) Conflict with a provision of the Arkansas Code that 23 |
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65 | 64 | | specifically authorizes an individual to perform a particular practice. 24 |
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66 | 65 | | 25 |
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67 | 66 | | SECTION 2. Arkansas Code § 17 -105-107, concerning the scope of 26 |
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68 | 67 | | authority and delegatory authority of a physician assistant, is amended to 27 |
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69 | 68 | | add an additional subsection to read as follows: 28 |
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70 | 69 | | (e) A physician assistant may delegate certain tasks as authorized 29 |
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71 | 70 | | under § 17-95-208 and the rules of the Arkansas State Medical Board. 30 |
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72 | 71 | | 31 |
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73 | 72 | | 32 |
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