First Regular Session Seventy-fourth General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO. 23-0226.01 Yelana Love x2295 SENATE BILL 23-083 Senate Committees House Committees Health & Human Services A BILL FOR AN ACT C ONCERNING AN EXPANSION OF A PHYSICIAN ASSISTANT 'S ABILITY TO101 PRACTICE, AND, IN CONNECTION THEREWITH , CHANGING THE102 RELATIONSHIP BETWEEN A PHYSICIAN ASSISTANT AND A103 PHYSICIAN OR PODIATRIST FROM SUPERVISION TO104 COLLABORATION.105 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov .) The bill modifies the relationship between a physician assistant and a physician or podiatrist by removing the requirement that a physician SENATE Amended 2nd Reading March 7, 2023 SENATE SPONSORSHIP Winter F. and Simpson, HOUSE SPONSORSHIP (None), Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. assistant be supervised by a physician or podiatrist. Instead, a physician assistant must enter into a collaborative agreement with an employer, physician, or podiatrist. The collaborative agreement must include: ! The physician assistant's name, license number, and primary location of practice; ! The signature of the physician assistant and the person with whom the physician assistant has entered into the collaborative agreement; ! A general description of the physician assistant's process for collaboration; ! A description of the performance evaluation process, which may be completed by the physician assistant's employer in accordance with a performance evaluation and review process established by the employer; and ! Any additional requirements specific to the physician assistant's practice required by the employer, physician, or podiatrist entering into the collaborative agreement, including additional levels of oversight, limitations on autonomous judgment, and the designation of a primary contact for collaboration. For a physician assistant with fewer than 3,000 practice hours, the collaborative agreement must also: ! Require that collaboration during the first 160 practice hours be completed in person or through technology; ! Incorporate elements defining the expected nature of collaboration; and ! Require a performance evaluation and discussion of the performance evaluation with the physician assistant. The bill also requires physician assistants who have been practicing for less than 3 years to satisfy certain financial responsibility requirements from which such physician assistants are exempt under current law. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 12-240-107, amend2 (6) as follows:3 12-240-107. Practice of medicine defined - exemptions from4 licensing requirements - unauthorized practice by physician5 assistants and anesthesiologist assistants - penalties - definitions -6 083-2- rules - repeal. (6) (a) A person licensed under the laws of this state to1 practice medicine may delegate to a physician assistant licensed by the2 board pursuant to section 12-240-113 the authority to perform acts that3 constitute the practice of medicine and acts that physicians are authorized4 by law to perform to the extent and in the manner authorized by rules5 promulgated by the board, including the authority to prescribe6 medication, including controlled substances, and dispense only the drugs7 designated by the board. The acts must be consistent with sound medical8 practice. Each prescription for a controlled substance, as defined in9 section 18-18-102 (5), issued by a physician assistant licensed by the10 board shall be imprinted with the name of the physician assistant's11 supervising physician. For all other prescriptions issued by a physician12 assistant, the name and address of the health facility and, if the health13 facility is a multi-speciality organization, the name and address of the14 speciality clinic within the health facility where the physician assistant is15 practicing must be imprinted on the prescription. Nothing in this16 subsection (6) limits the ability of otherwise licensed health personnel to17 perform delegated acts. The dispensing of prescription medication by a18 physician assistant is subject to section 12-280-120 (6) A PHYSICIAN19 ASSISTANT MAY NOT PROVIDE CARE UNLESS THE PHYSICIAN ASSISTANT20 HAS ENTERED INTO A COLLABORATIVE AGREEMENT WITH A PHYSICIAN21 LICENSED IN GOOD STANDING PURSUANT TO THIS ARTICLE 240 OR ARTICLE22 290 OF THIS TITLE 12 OR A PHYSICIAN GROUP. 23 (b) (I) If the authority to perform an act is delegated pursuant to24 subsection (6)(a) of this section, the physician assistant to whom the act25 is delegated shall not perform the act except under the personal and26 responsible direction and supervision of a person licensed under the laws27 083 -3- of this state to practice medicine. A licensed physician may be responsible1 for the direction and supervision of up to eight physician assistants at any2 one time. A licensed physician shall not be made responsible for the3 direction and supervision of more than four physician assistants unless the4 licensed physician agrees to assume the responsibility. A licensed5 physician has sole discretion to assume or refuse such responsibility, and6 an employer shall not require a licensed physician to assume such7 responsibility as a condition of employment. The board, by rule, may8 define what constitutes appropriate direction and supervision of a9 physician assistant; except that the board shall not promulgate a rule that10 is inconsistent with section 12-240-114.5 WITH A COLLABORATIVE11 AGREEMENT IN PLACE, A PHYSICIAN ASSISTANT LICENSED BY THE BOARD12 PURSUANT TO SECTION 12-240-113 MAY PERFORM ACTS THAT CONSTITUTE13 THE PRACTICE OF MEDICINE AND ACTS THAT PHYSICIANS ARE AUTHORIZED14 BY LAW TO PERFORM TO THE EXTENT AND IN THE MANNER AUTHORIZED BY15 RULES PROMULGATED BY THE BOARD , INCLUDING PRESCRIBING AND16 DISPENSING MEDICATION, INCLUDING CONTROLLED SUBSTANCES .17 (II) For purposes of this subsection (6), "personal and responsible18 direction and supervision" means that the direction and supervision of a19 physician assistant is personally rendered by a licensed physician20 practicing in the state of Colorado and is not rendered through21 intermediaries. The extent of direction and supervision shall be22 determined by rules promulgated by the board and as otherwise provided23 in this subsection (6)(b); except that, when a physician assistant is24 performing a delegated medical function in an acute care hospital, the25 board shall allow supervision and direction to be performed without the26 physical presence of the physician during the time the delegated medical27 083 -4- functions are being implemented if:1 (A) The medical functions are performed where the supervising2 physician regularly practices or in a designated health manpower shortage3 area;4 (B) The licensed supervising physician reviews the quality of5 medical services rendered by the physician assistant by reviewing the6 medical records to assure compliance with the physicians' directions; and7 (C) The performance of the delegated medical function otherwise8 complies with the board's rules and any restrictions and protocols of the9 licensed supervising physician and hospital.10 (c) Pursuant to section 12-240-135 (7), the board may apply for11 an injunction to enjoin any person from performing delegated medical12 acts that are in violation of this section or of any rules promulgated by the13 board THE COLLABORATIVE AGREEMENT MUST BE KEPT ON FILE AT THE14 PHYSICIAN ASSISTANT'S PRIMARY LOCATION OF PRACTICE AND BE MADE15 AVAILABLE TO THE BOARD UPON REQUEST .16 (d) This subsection (6) shall not apply to any person who performs17 delegated medical tasks within the scope of the exemption contained in18 subsection (3)(l) of this section AN ACT BY A PHYSICIAN ASSISTANT THAT19 CONSTITUTES THE PRACTICE OF MEDICINE MUST BE CONSISTENT WITH20 GENERALLY ACCEPTED STANDARDS OF MEDICAL PRACTICE . A PHYSICIAN21 ASSISTANT SHALL COLLABORATE WITH THE APPROPRIATE HEALTH -CARE22 PROVIDER AS INDICATED BY THE CONDITION OF THE PATIENT , THE23 STANDARD OF CARE , AND THE PHYSICIAN ASSISTANT 'S EDUCATION,24 EXPERIENCE, AND COMPETENCE.25 (e) A N EMPLOYER SHALL NOT REQUIRE A LICENSED PHYSICIAN TO26 ENTER INTO A COLLABORATIVE AGREEMENT AS A CONDITION OF THE27 083 -5- PHYSICIAN'S EMPLOYMENT.1 (f) A LL PRESCRIPTIONS ISSUED BY A PHYSICIAN ASSISTANT MUST2 INCLUDE THE PHYSICIAN ASSISTANT'S NAME, THE NAME AND ADDRESS OF3 THE HEALTH FACILITY, AND, IF THE HEALTH FACILITY IS A MULTISPECIALTY4 ORGANIZATION, THE NAME AND ADDRESS OF THE SPECIALITY CLINIC5 WITHIN THE HEALTH FACILITY WHERE THE PHYSICIAN ASSISTANT IS6 PRACTICING. THE DISPENSING OF PRESCRIPTION MEDICATION BY A7 PHYSICIAN ASSISTANT IS SUBJECT TO SECTION 12-280-120 (6)(a).8 (g) W HILE PERFORMING ACTS INCLUDED IN THE PRACTICE OF9 MEDICINE, AS DEFINED IN SUBSECTION (1) OF THIS SECTION, A PHYSICIAN10 ASSISTANT SHALL CLEARLY IDENTIFY ONESELF , BOTH VISUALLY AND11 VERBALLY, AS A PHYSICIAN ASSISTANT. AN EMPLOYER, PHYSICIAN, OR 12 PHYSICIAN GROUP MUST IDENTIFY TO PATIENTS THAT A PHYSICIAN13 ASSISTANT PROVIDING CARE IS A PHYSICIAN ASSISTANT .14 (h) P URSUANT TO SECTION 12-240-135 (7), THE BOARD MAY APPLY15 FOR AN INJUNCTION TO ENJOIN ANY PERSON FROM PERFORMING MEDICAL16 ACTS THAT ARE IN VIOLATION OF THIS SECTION OR OF ANY RULES17 PROMULGATED BY THE BOARD .18 (i) T HIS SUBSECTION (6) DOES NOT APPLY TO ANY PERSON WHO19 PERFORMS MEDICAL TASKS WITHIN THE SCOPE OF THE EXEMPTION20 SPECIFIED IN SUBSECTION (3)(l) OF THIS SECTION.21 (j) A PHYSICIAN ASSISTANT IS LIABLE FOR THE CARE PROVIDED BY22 THE PHYSICIAN ASSISTANT.23 (k) A PHYSICIAN ASSISTANT SHALL COMPLY WITH THE FINANCIAL24 RESPONSIBILITY REQUIREMENTS SPECIFIED IN SECTION 13-64-301 (1) AND25 RULES ADOPTED BY THE BOARD PURSUANT TO THAT SECTION .26 (l) P URSUANT TO SECTION 12-240-138 (1)(d)(I), A PHYSICIAN27 083 -6- ASSISTANT IS NOT AUTHORIZED TO OWN A MAJORITY OF A MEDICAL1 PRACTICE.2 SECTION 2. In Colorado Revised Statutes, amend 12-240-114.53 as follows:4 12-240-114.5. Physician assistants - collaboration5 requirements - proof of practice hours from another jurisdiction -6 liability - definitions. (1) As used in this section, unless the context7 otherwise requires:8 (a) "C OLLABORATION" MEANS, AS INDICATED BY THE PATIENT'S9 CONDITION, COMMUNITY STANDARDS OF CARE , AND A PHYSICIAN10 ASSISTANT'S EDUCATION, TRAINING, AND EXPERIENCE:11 (I) C ONSULTATION BETWEEN THE PHYSICIAN ASSISTANT AND A12 PHYSICIAN; OR13 (II) R EFERRAL BY THE PHYSICIAN ASSISTANT TO A PHYSICIAN , OR,14 IF THE REFERRAL IS TO A PHYSICIAN PRACTICING IN A DIFFERENT PRACTICE15 AREA THAN THE PHYSICIAN ASSISTANT , A PHYSICIAN'S PRACTICE GROUP.16 (b) "C OLLABORATIVE AGREEMENT " MEANS A WRITTEN17 AGREEMENT THAT DESCRIBES THE MANNER IN WHICH A PHYSICIAN18 ASSISTANT COLLABORATES WITH AN EMPLOYER OR A PHYSICIAN .19 (a) (c) "Performance evaluation" means a document that includes20 domains of competency relevant to the practice of a physician assistant,21 uses more than one modality of assessment to evaluate the domains, and22 includes consideration of the physician assistant's education, training,23 experience, competency, and knowledge of the specialty PRACTICE AREA24 in which the physician assistant is engaged.25 (b) "Practice agreement" means a written agreement between a26 physician assistant and a supervising physician that defines the27 083 -7- communication and decision-making process by which the physician1 assistant and the supervising physician provide care to patients.2 (c) "Supervisory plan" means a document that allows a3 supervising physician to follow the ongoing professional development of4 a physician assistant's clinical practice, promotes a collaborative5 relationship between a physician assistant and his or her supervising6 physicians, and allows a supervising physician to address any deficiencies7 that have been identified in the physician assistant's clinical competencies8 during the initial performance period.9 (d) "P HYSICIAN" MEANS A PHYSICIAN LICENSED IN GOOD STANDING 10 PURSUANT TO THIS ARTICLE 240 OR ARTICLE 290 OF THIS TITLE 12,11 INCLUDING A PHYSICIAN IN A PHYSICIAN GROUP .12 (2) (a) A physician assistant licensed pursuant to this article 24013 who has practiced for less than three years is subject to the following14 supervisory requirements SHALL ENTER INTO A COLLABORATIVE15 AGREEMENT WITH AN EMPLOYER OR A PHYSICIAN . THE PHYSICIAN16 ENTERING INTO A COLLABORATIVE AGREEMENT MUST BE ACTIVELY17 PRACTICING IN COLORADO WITH A REGULAR AND RELIABLE PHYSICAL18 PRESENCE IN COLORADO. THE COLLABORATIVE AGREEMENT MUST19 INCLUDE:20 (a) (I) The physician assistant's first one hundred sixty working21 hours shall be supervised by a supervising physician who works at the22 same location as the physician assistant. The physician assistant's primary23 supervising physician shall provide at least forty hours of supervision, and24 the remaining hours may be provided by a secondary supervising25 physician who is designated by the primary supervising physician. THE26 PHYSICIAN ASSISTANT'S NAME, LICENSE NUMBER, AND PRIMARY LOCATION27 083 -8- OF PRACTICE;1 (b) (II) After the physician assistant completes one hundred sixty2 working hours, a supervising physician must remain available to the3 physician assistant via a telecommunication device at all times when the4 physician assistant is working. THE SIGNATURE OF THE PHYSICIAN5 ASSISTANT AND THE PHYSICIAN, OR PHYSICIAN GROUP WITH WHOM THE6 PHYSICIAN ASSISTANT HAS ENTERED INTO THE COLLABORATIVE7 AGREEMENT;8 (c) (III) Not more than thirty days after the physician assistant9 completes one hundred sixty working hours, the primary supervising10 physician shall complete an initial performance assessment and a11 supervisory plan for the physician assistant. A DESCRIPTION OF THE12 PHYSICIAN ASSISTANT'S PROCESS FOR COLLABORATION , THE DEGREE OF13 WHICH MUST BE DETERMINED AT THE PHYSICIAN ASSISTANT 'S PRIMARY14 LOCATION OF PRACTICE AND MAY INCLUDE :15 (A) D ECISIONS MADE BY THE EMPLOYER OR PHYSICIAN WITH16 WHOM THE PHYSICIAN ASSISTANT HAS ENTERED INTO A COLLABORATIVE17 AGREEMENT; AND18 (B) T HE CREDENTIALING OR PRIVILEGING REQUIREMENTS OF THE19 PHYSICIAN ASSISTANT'S PRIMARY LOCATION OF PRACTICE;20 (IV) A DESCRIPTION OF THE PERFORMANCE EVALUATION PROCESS ,21 WHICH MAY BE COMPLETED BY THE PHYSICIAN ASSISTANT 'S EMPLOYER IN22 ACCORDANCE WITH A PERFORMANCE EVALUATION AND REVIEW PROCESS23 ESTABLISHED BY THE EMPLOYER ; AND24 (V) A NY ADDITIONAL REQUIREMENTS SPECIFIC TO THE PHYSICIAN25 ASSISTANT'S PRACTICE REQUIRED BY THE EMPLOYER OR PHYSICIAN26 ENTERING INTO THE COLLABORATIVE AGREEMENT , INCLUDING27 083 -9- ADDITIONAL LEVELS OF OVERSIGHT , LIMITATIONS ON AUTONOMOUS1 JUDGMENT, AND THE DESIGNATION OF A PRIMARY CONTACT FOR2 COLLABORATION.3 (b) (I) F OR A PHYSICIAN ASSISTANT WITH FEWER THAN FIVE 4 THOUSAND PRACTICE HOURS , OR A PHYSICIAN ASSISTANT CHANGING5 PRACTICE AREAS WITH FEWER THAN THREE THOUSAND PRACTICE HOURS6 IN THE NEW PRACTICE AREA , THE COLLABORATIVE AGREEMENT IS A7 SUPERVISORY AGREEMENT THAT MUST INCLUDE THE PROVISIONS8 DESCRIBED IN SUBSECTIONS (2)(a)(III)(A), (2)(a)(III)(B), (2)(a)(IV), AND9 (2)(a)(V) OF THIS SECTION AND MUST ALSO:10 (A) R EQUIRE THAT COLLABORATION DURING THE FIRST ONE11 HUNDRED SIXTY PRACTICE HOURS BE COMPLETED IN PERSON OR THROUGH12 TECHNOLOGY, AS PERMITTED BY THE PHYSICIAN OR PHYSICIAN GROUP OR13 EMPLOYER WITH WHOM THE PHYSICIAN ASSISTANT HAS ENTERED INTO THE14 COLLABORATIVE AGREEMENT ;15 (B) I NCORPORATE ELEMENTS DEFINING THE EXPECTED NATURE OF16 COLLABORATION, INCLUDING: THE PHYSICIAN ASSISTANT'S EXPECTED17 AREA OF PRACTICE ; EXPECTATIONS REGARDING SUPPORT AND18 CONSULTATION FROM THE PHYSICIAN OR PHYSICIAN GROUP WITH WHOM19 THE PHYSICIAN ASSISTANT HAS ENTERED INTO A COLLABORATIVE20 AGREEMENT; METHODS AND MODES OF COMMUNICATION AND21 COLLABORATION; AND ANY OTHER PERTINENT ELEMENTS OF22 COLLABORATIVE, TEAM-BASED PRACTICE APPLICABLE TO THE PHYSICIAN23 ASSISTANT'S PRACTICE OR ESTABLISHED BY THE EMPLOYER ; AND24 (C) R EQUIRE A PERFORMANCE EVALUATION AND DISCUSSION OF25 THE PERFORMANCE EVALUATION WITH THE PHYSICIAN ASSISTANT AFTER26 THE PHYSICIAN ASSISTANT HAS WORKED WITH THE EMPLOYER FOR SIX27 083 -10- MONTHS, AGAIN AFTER THE PHYSICIAN ASSISTANT HAS WORKED WITH THE1 EMPLOYER FOR TWELVE MONTHS , AND ADDITIONAL EVALUATION2 THEREAFTER AS DETERMINED BY THE PHYSICIAN OR PHYSICIAN GROUP3 WITH WHOM THE PHYSICIAN ASSISTANT HAS ENTERED INTO THE4 COLLABORATIVE AGREEMENT .5 (II) T HE PERFORMANCE EVALUATION MAY BE COMPLETED BY THE6 PHYSICIAN ASSISTANT'S EMPLOYER IN ACCORDANCE WITH THE7 PERFORMANCE EVALUATION AND REVIEW PROCESS ESTABLISHED BY THE8 EMPLOYER; EXCEPT THAT THE PERFORMANCE EVALUATION MUST BE9 COMPLETED WITH AT LEAST THE MINIMUM FREQUENCY REQUIRED IN10 SECTION (2)(b)(I)(C) OF THIS SECTION.11 (III) A FTER A PHYSICIAN ASSISTANT HAS COMPLETED THE NUMBER 12 OF PRACTICE HOURS REQUIRED PURSUANT TO SUBSECTION (2) OF THIS13 SECTION, THE ADDITIONAL COLLABORATIVE AGREEMENT REQUIREMENTS14 DESCRIBED IN THIS SUBSECTION (2)(b) NO LONGER APPLY.15 (3) (a) The supervision of a physician assistant licensed pursuant16 to this article 240 who has practiced in this state for three years or more17 is determined by a practice agreement that shall be created by the18 physician assistant and his or her primary supervising physician not later19 than thirty days after the physician assistant begins practicing under the20 supervision of the primary supervising physician. A practice agreement21 must include A PHYSICIAN ASSISTANT MAY PROVIDE THE BOARD WITH A22 SIGNED AFFIDAVIT OUTLINING PRACTICE EXPERIENCE FOR THE PURPOSES23 OF MEETING THE REQUIREMENTS DESCRIBED IN SUBSECTION (2)(b) OF THIS24 SECTION, AS APPLICABLE, IF THE PHYSICIAN ASSISTANT:25 (a) H ELD AN UNENCUMBERED LICENSE IN ANOTHER STATE OR26 TERRITORY OF THE UNITED STATES BEFORE BECOMING LICENSED IN THIS27 083 -11- STATE PURSUANT TO SECTION 12-240-113; OR1 (b) W AS INITIALLY LICENSED IN THIS STATE PRIOR TO THE2 EFFECTIVE DATE OF THIS SUBSECTION (3), AS AMENDED.3 (I) A process by which a physician assistant and a supervising 4 physician communicate and make decisions concerning patients' medical5 treatment, which process utilizes the knowledge and skills of the6 physician assistant and the supervising physician based on their respective7 education, training, and experience;8 (II) A protocol for designating an alternative physician for9 consultation when the supervising physician is unavailable for10 consultation;11 (III) The signatures of the physician assistant and supervising12 physician; and13 (IV) A termination provision that allows the physician assistant14 or the supervising physician to terminate the practice agreement after15 providing written notice of his or her intent to do so at least thirty days16 before the date of termination. If a practice agreement is terminated, the17 physician assistant and the physician assistant's primary supervising18 physician shall create a new practice agreement within forty-five days19 after the date the previous practice agreement was terminated.20 (b) In addition to the components described in subsection (3)(a)21 of this section, a practice agreement may impose conditions concerning22 specific duties, procedures, or drugs.23 (c) If the terms or conditions of a practice agreement change, both24 the physician assistant and the supervising physician shall sign and date25 the updated practice agreement.26 (4) A physician assistant licensed pursuant to this article 240 who27 083 -12- has practiced for at least twelve months and who is making a substantive1 change in his or her scope of practice or practice area is subject to the2 following supervisory requirements:3 (a) The physician assistant's first eighty working hours shall be4 supervised by a supervising physician who works at the same location as5 the physician assistant. The physician assistant's primary supervising6 physician shall provide at least twenty hours of supervision, and the7 remaining hours may be provided by a secondary supervising physician8 who is designated by the primary supervising physician.9 (b) After the physician assistant completes eighty working hours,10 a supervising physician shall remain available to the physician assistant11 via a telecommunication device at all times when the physician assistant12 is working.13 (c) After the physician assistant has worked for six months, and14 again after the physician assistant has worked for twelve months, the15 primary supervising physician shall complete a performance assessment16 and discuss the performance assessment with the physician assistant.17 (5) (a) A physician assistant licensed pursuant to this article 24018 who has practiced for at least three years may be liable for damages19 resulting from negligence in providing care to a patient; except that a20 physician assistant is not liable for any damages that occur as a result of21 the physician assistant following a direct order from a supervising22 physician.23 (b) A physician assistant who has been practicing for at least three24 years shall comply with the financial responsibility requirements specified25 in section 13-64-301 (1) and rules adopted by the board pursuant to that26 section.27 083 -13- (c) A physician assistant's supervising physician may be liable for1 damages resulting from the physician assistant's negligence in providing2 care to a patient if the physician assistant has not practiced for at least3 three years as described in subsection (5)(a) of this section.4 SECTION 3. In Colorado Revised Statutes, 12-240-119, amend5 (2)(c) as follows:6 12-240-119. Reentry license - period of inactivity -7 international medical graduate - competency assessment - board8 rules - conversion to full license. (2) (c) If, based on the assessment9 and, IF PRESCRIBED, after completion of an educational program, if 10 prescribed, the board determines that the applicant is competent and11 qualified to practice medicine without supervision, or practice as a12 physician assistant, or PRACTICE as an anesthesiologist assistant with13 supervision, as specified in this article 240, the board may convert the14 reentry license to a full license to practice medicine, practice as a15 physician assistant, or practice as an anesthesiologist assistant, as16 applicable, under this article 240.17 SECTION 4. In Colorado Revised Statutes, 12-240-122, amend18 (1) as follows:19 12-240-122. Prescriptions - requirement to advise patients.20 (1) A physician OR PHYSICIAN ASSISTANT licensed under this article 24021 or a physician assistant licensed by the board who has been delegated the 22 authority to prescribe medication, may advise the physician's or the23 physician assistant's patients of their option to have the symptom or24 purpose for which a prescription is being issued included on the25 prescription order.26 SECTION 5. In Colorado Revised Statutes, 12-240-128, amend27 083 -14- (7)(c) as follows:1 12-240-128. Physician training licenses. (7) A physician2 training licensee may practice medicine as defined by this article 240 with3 the following restrictions:4 (c) A physician training licensee shall not: have the authority to5 (I) Delegate the rendering of medical services to a person who is6 not licensed to practice medicine pursuant to section 12-240-107 (3)(l);7 OR8 (II) and shall not have the authority to supervise ENTER INTO A9 COLLABORATIVE AGREEMENT WITH physician assistants as provided by10 section 12-240-107 (6) DESCRIBED IN SECTIONS 12-240-107 (6) AND11 12-240-114.5.12 SECTION 6. In Colorado Revised Statutes, 12-280-103, amend13 (39)(c)(II)(B) as follows:14 12-280-103. Definitions - rules. As used in this article 280, unless15 the context otherwise requires or the term is otherwise defined in another16 part of this article 280:17 (39) "Practice of pharmacy" means:18 (c) The provision of a therapeutic interchange selection or a19 therapeutically equivalent selection to a patient if, during the patient's stay20 at a nursing care facility or a long-term acute care hospital licensed under21 part 1 of article 3 of title 25, the selection has been approved for the22 patient:23 (II) By one of the following health-care providers:24 (B) A physician assistant licensed under section 12-240-113; if the25 physician assistant is under the supervision of a licensed physician; or26 SECTION 7. In Colorado Revised Statutes, 12-280-502, amend27 083 -15- (1)(b)(II) as follows:1 12-280-502. Therapeutic interchange and therapeutically2 equivalent selections for nursing care facility or long-term acute care3 hospital patients - rules. (1) A pharmacy used by a nursing care facility4 or a long-term acute care hospital licensed under part 1 of article 3 of title5 25 may make a therapeutic interchange or a therapeutically equivalent6 selection for a patient if, during the patient's stay at the facility, the7 selection has been approved for the patient:8 (b) By one of the following health-care providers:9 (II) A physician assistant licensed under section 12-240-113; if the10 physician assistant is under the supervision of a licensed physician; or11 SECTION 8. In Colorado Revised Statutes, 12-290-110, amend12 (5) as follows:13 12-290-110. Podiatry training license. (5) A person with a14 podiatric training license shall only practice podiatry ONLY under the15 supervision of a licensed podiatrist or a physician licensed to practice16 medicine within the residency program. A person with a podiatry training17 license shall not delegate podiatric or medical services to a person who18 is not licensed to practice podiatry or medicine and shall not have the19 authority to supervise COLLABORATE WITH physician assistants.20 SECTION 9. In Colorado Revised Statutes, amend 12-290-11721 as follows:22 12-290-117. Use of physician assistants - collaboration23 requirements - affidavits of practice experience - rules - definitions.24 (1) A person licensed under the laws of this state to practice podiatry may25 delegate to a physician assistant licensed by the Colorado medical board26 pursuant to section 12-240-113 the authority to A PHYSICIAN ASSISTANT27 083 -16- LICENSED PURSUANT TO ARTICLE 240 OF THIS TITLE 12 MAY perform acts1 that constitute the practice of podiatry to the extent and in the manner2 authorized by rules promulgated by the Colorado podiatry board. The acts3 shall be consistent with sound practices of podiatry. Each prescription for4 a controlled substance, as defined in section 18-18-102 (5), issued by a5 physician assistant must have the name of the physician assistant's6 supervising podiatrist printed on the prescription. For all other ALL7 prescriptions issued by a physician assistant MUST INCLUDE THE8 PHYSICIAN ASSISTANT'S NAME, the name and address of the health facility,9 and, if the health facility is a multi-speciality MULTISPECIALTY10 organization, the name and address of the speciality SPECIALTY clinic11 within the health facility where the physician assistant is practicing. must12 be imprinted on the prescription. Nothing in this section limits the ability13 of otherwise licensed health personnel to perform delegated acts. The14 dispensing of prescription medication by a physician assistant is subject15 to section 12-280-120 (6).16 (2) If the authority to perform an act is delegated pursuant to17 subsection (1) of this section, the act shall not be performed except under18 the personal and responsible direction and supervision of a person19 licensed under the laws of this state to practice podiatry, and the person20 shall not be responsible for the direction and supervision of more than21 four physician assistants at any one time without specific approval of the22 Colorado podiatry board. The board may define appropriate direction and23 supervision pursuant to rules PRIOR TO PRACTICING PODIATRY , A24 PHYSICIAN ASSISTANT MUST ENTER INTO A COLLABORATIVE AGREEMENT25 WITH A LICENSED PODIATRIST.26 (3) The provisions of sections 12-240-107 (6), and 12-240-113,27 083 -17- AND 12-240-114.5 governing physician assistants under the "Colorado1 Medical Practice Act" shall apply to physician assistants under this2 section.3 SECTION 10. In Colorado Revised Statutes, 13-64-301, amend4 (1) introductory portion as follows:5 13-64-301. Financial responsibility. (1) As a condition of active6 licensure or authority to practice in this state, every physician, dentist,7 dental therapist, or dental hygienist; every physician assistant; who has8 been practicing for at least three years; and every health-care institution9 as defined in section 13-64-202, except as provided in section10 13-64-303.5, that provides health-care services shall establish financial11 responsibility, as follows:12 SECTION 11. In Colorado Revised Statutes, 15-18.7-103,13 amend (1) introductory portion and (1)(i) as follows:14 15-18.7-103. Medical orders for scope of treatment forms -15 form contents. (1) A medical orders for scope of treatment form shall16 MUST include the following information concerning the adult whose17 medical treatment is the subject of the medical orders for scope of18 treatment form:19 (i) The signature of the adult's physician, advanced practice20 registered nurse, or if under the supervision or authority of the physician,21 physician assistant.22 SECTION 12. In Colorado Revised Statutes, 15-18.7-104,23 amend (5) as follows:24 15-18.7-104. Duty to comply with medical orders for scope of25 treatment form - immunity - effect on criminal charges against26 another person - transferability. (5) An adult's physician, advanced27 083 -18- practice registered nurse, or if under the supervision of the physician,1 physician assistant may provide an oral confirmation to a health-care2 provider who shall annotate on the medical orders for scope of treatment3 form the time and date of the oral confirmation and the name and license4 number of the physician, advanced practice registered nurse, or physician5 assistant. The physician, advanced practice registered nurse, or physician6 assistant shall countersign the annotation of the oral confirmation on the7 medical orders for scope of treatment form within a time period that8 satisfies any applicable state law or within thirty days, whichever period9 is less, after providing the oral confirmation. The signature of the10 physician, advanced practice registered nurse, or physician assistant may11 be provided by photocopy, fax, or electronic means. A medical orders for12 scope of treatment form with annotated oral confirmation, and a13 photocopy, fax, or other electronic reproduction thereof OF THE FORM,14 shall be given the same force and effect as the original form signed by the15 physician, advanced practice registered nurse, or physician assistant.16 SECTION 13. In Colorado Revised Statutes, 23-21-803, amend17 (6) as follows:18 23-21-803. Definitions. As used in this part 8, unless the context19 otherwise requires:20 (6) "Physician assistant" means a person licensed as a physician21 assistant by the Colorado medical board in accordance with section22 12-240-113 who is authorized, in accordance with section 12-240-10723 (6), to perform acts constituting the practice of medicine, including24 prescribing controlled substances. and who is under the supervision of a25 physician trained in MAT.26 SECTION 14. Act subject to petition - effective date. This act27 083 -19- takes effect at 12:01 a.m. on the day following the expiration of the1 ninety-day period after final adjournment of the general assembly; except2 that, if a referendum petition is filed pursuant to section 1 (3) of article V3 of the state constitution against this act or an item, section, or part of this4 act within such period, then the act, item, section, or part will not take5 effect unless approved by the people at the general election to be held in6 November 2024 and, in such case, will take effect on the date of the7 official declaration of the vote thereon by the governor.8 083 -20-