Colorado 2023 Regular Session

Colorado Senate Bill SB083 Compare Versions

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1+First Regular Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 23-0226.01 Yelana Love x2295
18 SENATE BILL 23-083
2-BY SENATOR(S) Winter F. and Simpson, Cutter, Exum, Jaquez Lewis,
3-Pelton B., Pelton R., Priola, Will;
4-also REPRESENTATIVE(S) Winter T. and Michaelson Jenet, Amabile,
5-Bockenfeld, Bradley, Brown, deGruy Kennedy, Dickson, Duran, English,
6-Epps, Frizell, Froelich, Hamrick, Jodeh, Lieder, Lindsay, Marshall,
7-McCormick, Parenti, Ricks, Titone, Velasco, Weissman, McCluskie.
9+Senate Committees House Committees
10+Health & Human Services Public & Behavioral Health & Human Services
11+A BILL FOR AN ACT
812 C
9-ONCERNING AN EXPANSION OF A PHYSICIAN ASSISTANT 'S ABILITY TO
10-PRACTICE
11-, AND, IN CONNECTION THEREWITH , CHANGING THE
12-RELATIONSHIP BETWEEN A PHYSICIAN ASSISTANT AND A PHYSICIAN
13-OR PODIATRIST FROM SUPERVISION TO COLLABORATION
14-.
15-Be it enacted by the General Assembly of the State of Colorado:
16-SECTION 1. In Colorado Revised Statutes, 12-240-107, amend (6)
17-as follows:
18-12-240-107. Practice of medicine defined - exemptions from
19-licensing requirements - unauthorized practice by physician assistants
20-and anesthesiologist assistants - penalties - definitions - rules - repeal.
21-(6) (a) A person licensed under the laws of this state to practice medicine
22-may delegate to a physician assistant licensed by the board pursuant to
23-NOTE: This bill has been prepared for the signatures of the appropriate legislative
24-officers and the Governor. To determine whether the Governor has signed the bill
25-or taken other action on it, please consult the legislative status sheet, the legislative
26-history, or the Session Laws.
27-________
28-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29-through words or numbers indicate deletions from existing law and such material is not part of
30-the act. section 12-240-113 the authority to perform acts that constitute the practice
31-of medicine and acts that physicians are authorized by law to perform to the
32-extent and in the manner authorized by rules promulgated by the board,
33-including the authority to prescribe medication, including controlled
34-substances, and dispense only the drugs designated by the board. The acts
35-must be consistent with sound medical practice. Each prescription for a
36-controlled substance, as defined in section 18-18-102 (5), issued by a
37-physician assistant licensed by the board shall be imprinted with the name
38-of the physician assistant's supervising physician. For all other prescriptions
39-issued by a physician assistant, the name and address of the health facility
40-and, if the health facility is a multi-speciality organization, the name and
41-address of the speciality clinic within the health facility where the physician
42-assistant is practicing must be imprinted on the prescription. Nothing in this
43-subsection (6) limits the ability of otherwise licensed health personnel to
44-perform delegated acts. The dispensing of prescription medication by a
45-physician assistant is subject to section 12-280-120 (6) A PHYSICIAN
46-ASSISTANT MAY NOT PROVIDE CARE UNLESS THE PHYSICIAN ASSISTANT HAS
47-ENTERED INTO A COLLABORATIVE AGREEMENT WITH A PHYSICIAN LICENSED
48-IN GOOD STANDING PURSUANT TO THIS ARTICLE
49-240 OR ARTICLE 290 OF THIS
50-TITLE
51-12 OR A PHYSICIAN GROUP.
52-(b) (I) If the authority to perform an act is delegated pursuant to
53-subsection (6)(a) of this section, the physician assistant to whom the act is
54-delegated shall not perform the act except under the personal and
55-responsible direction and supervision of a person licensed under the laws
56-of this state to practice medicine. A licensed physician may be responsible
57-for the direction and supervision of up to eight physician assistants at any
58-one time. A licensed physician shall not be made responsible for the
59-direction and supervision of more than four physician assistants unless the
60-licensed physician agrees to assume the responsibility. A licensed physician
61-has sole discretion to assume or refuse such responsibility, and an employer
62-shall not require a licensed physician to assume such responsibility as a
63-condition of employment. The board, by rule, may define what constitutes
64-appropriate direction and supervision of a physician assistant; except that
65-the board shall not promulgate a rule that is inconsistent with section
66-12-240-114.5 WITH A COLLABORATIVE AGREEMENT IN PLACE , A PHYSICIAN
67-ASSISTANT LICENSED BY THE BOARD PURSUANT TO SECTION
68-12-240-113 MAY
69-PERFORM ACTS WITHIN THE PHYSICIAN ASSISTANT
70-'S EDUCATION,
71-EXPERIENCE, AND COMPETENCY THAT CONSTITUTE THE PRACTICE OF
72-MEDICINE AND ACTS THAT PHYSICIANS ARE AUTHORIZED BY LAW TO
73-PAGE 2-SENATE BILL 23-083 PERFORM TO THE EXTENT AND IN THE MANNER AUTHORIZED BY RULES
74-PROMULGATED BY THE BOARD
75-, INCLUDING PRESCRIBING AND DISPENSING
76-MEDICATION
77-, INCLUDING CONTROLLED SUBSTANCES .
78-(II) For purposes of this subsection (6), "personal and responsible
79-direction and supervision" means that the direction and supervision of a
80-physician assistant is personally rendered by a licensed physician practicing
81-in the state of Colorado and is not rendered through intermediaries. The
82-extent of direction and supervision shall be determined by rules
83-promulgated by the board and as otherwise provided in this subsection
84-(6)(b); except that, when a physician assistant is performing a delegated
85-medical function in an acute care hospital, the board shall allow supervision
86-and direction to be performed without the physical presence of the physician
87-during the time the delegated medical functions are being implemented if:
88-(A) The medical functions are performed where the supervising
89-physician regularly practices or in a designated health manpower shortage
90-area;
91-(B) The licensed supervising physician reviews the quality of
92-medical services rendered by the physician assistant by reviewing the
93-medical records to assure compliance with the physicians' directions; and
94-(C) The performance of the delegated medical function otherwise
95-complies with the board's rules and any restrictions and protocols of the
96-licensed supervising physician and hospital.
97-(c) Pursuant to section 12-240-135 (7), the board may apply for an
98-injunction to enjoin any person from performing delegated medical acts that
99-are in violation of this section or of any rules promulgated by the board THE
100-COLLABORATIVE AGREEMENT MUST BE KEPT ON FILE AT THE PHYSICIAN
101-ASSISTANT
102-'S PRIMARY LOCATION OF PRACTICE AND BE MADE AVAILABLE TO
103-THE BOARD UPON REQUEST
104-.
105-(d) This subsection (6) shall not apply to any person who performsdelegated medical tasks within the scope of the exemption contained in
106-subsection (3)(l) of this section AN ACT BY A PHYSICIAN ASSISTANT THAT
107-CONSTITUTES THE PRACTICE OF MEDICINE MUST BE CONSISTENT WITH
108-GENERALLY ACCEPTED STANDARDS OF MEDICAL PRACTICE
109-. A PHYSICIAN
110-ASSISTANT SHALL COLLABORATE WITH THE APPROPRIATE HEALTH
111--CARE
112-PAGE 3-SENATE BILL 23-083 PROVIDER AS INDICATED BY THE CONDITION OF THE PATIENT , THE STANDARD
113-OF CARE
114-, AND THE PHYSICIAN ASSISTANT'S EDUCATION, EXPERIENCE, AND
115-COMPETENCE
116-.
117-(e) A
118-N EMPLOYER SHALL NOT REQUIRE A LICENSED PHYSICIAN TO
119-ENTER INTO A COLLABORATIVE AGREEMENT AS A CONDITION OF THE
120-PHYSICIAN
121-'S EMPLOYMENT.
13+ONCERNING AN EXPANSION OF A PHYSICIAN ASSISTANT 'S ABILITY TO101
14+PRACTICE, AND, IN CONNECTION THEREWITH , CHANGING THE102
15+RELATIONSHIP BETWEEN A PHYSICIAN ASSISTANT AND A103
16+PHYSICIAN OR PODIATRIST FROM SUPERVISION TO104
17+COLLABORATION.105
18+Bill Summary
19+(Note: This summary applies to this bill as introduced and does
20+not reflect any amendments that may be subsequently adopted. If this bill
21+passes third reading in the house of introduction, a bill summary that
22+applies to the reengrossed version of this bill will be available at
23+http://leg.colorado.gov
24+.)
25+The bill modifies the relationship between a physician assistant
26+and a physician or podiatrist by removing the requirement that a physician
27+HOUSE
28+3rd Reading Unamended
29+March 27, 2023
30+HOUSE
31+Amended 2nd Reading
32+March 23, 2023
33+SENATE
34+Amended 3rd Reading
35+March 9, 2023
36+SENATE
37+Amended 2nd Reading
38+March 7, 2023
39+SENATE SPONSORSHIP
40+Winter F. and Simpson, Cutter, Exum, Jaquez Lewis, Pelton B., Pelton R., Priola, Will
41+HOUSE SPONSORSHIP
42+Winter T. and Michaelson Jenet, Amabile, Bockenfeld, Bradley, Brown, deGruy
43+Kennedy, Dickson, Duran, English, Epps, Frizell, Froelich, Hamrick, Jodeh, Lieder, Lindsay,
44+Marshall, McCluskie, McCormick, Parenti, Ricks, Titone, Velasco, Weissman
45+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
46+Capital letters or bold & italic numbers indicate new material to be added to existing law.
47+Dashes through the words or numbers indicate deletions from existing law. assistant be supervised by a physician or podiatrist. Instead, a physician
48+assistant must enter into a collaborative agreement with an employer,
49+physician, or podiatrist.
50+The collaborative agreement must include:
51+! The physician assistant's name, license number, and
52+primary location of practice;
53+! The signature of the physician assistant and the person with
54+whom the physician assistant has entered into the
55+collaborative agreement;
56+! A general description of the physician assistant's process
57+for collaboration;
58+! A description of the performance evaluation process, which
59+may be completed by the physician assistant's employer in
60+accordance with a performance evaluation and review
61+process established by the employer; and
62+! Any additional requirements specific to the physician
63+assistant's practice required by the employer, physician, or
64+podiatrist entering into the collaborative agreement,
65+including additional levels of oversight, limitations on
66+autonomous judgment, and the designation of a primary
67+contact for collaboration.
68+For a physician assistant with fewer than 3,000 practice hours, the
69+collaborative agreement must also:
70+! Require that collaboration during the first 160 practice
71+hours be completed in person or through technology;
72+! Incorporate elements defining the expected nature of
73+collaboration; and
74+! Require a performance evaluation and discussion of the
75+performance evaluation with the physician assistant.
76+The bill also requires physician assistants who have been
77+practicing for less than 3 years to satisfy certain financial responsibility
78+requirements from which such physician assistants are exempt under
79+current law.
80+Be it enacted by the General Assembly of the State of Colorado:1
81+SECTION 1. In Colorado Revised Statutes, 12-240-107, amend2
82+(6) as follows:3
83+12-240-107. Practice of medicine defined - exemptions from4
84+licensing requirements - unauthorized practice by physician5
85+assistants and anesthesiologist assistants - penalties - definitions -6
86+083-2- rules - repeal. (6) (a) A person licensed under the laws of this state to1
87+practice medicine may delegate to a physician assistant licensed by the2
88+board pursuant to section 12-240-113 the authority to perform acts that3
89+constitute the practice of medicine and acts that physicians are authorized4
90+by law to perform to the extent and in the manner authorized by rules5
91+promulgated by the board, including the authority to prescribe6
92+medication, including controlled substances, and dispense only the drugs7
93+designated by the board. The acts must be consistent with sound medical8
94+practice. Each prescription for a controlled substance, as defined in9
95+section 18-18-102 (5), issued by a physician assistant licensed by the10
96+board shall be imprinted with the name of the physician assistant's11
97+supervising physician. For all other prescriptions issued by a physician12
98+assistant, the name and address of the health facility and, if the health13
99+facility is a multi-speciality organization, the name and address of the14
100+speciality clinic within the health facility where the physician assistant is15
101+practicing must be imprinted on the prescription. Nothing in this16
102+subsection (6) limits the ability of otherwise licensed health personnel to17
103+perform delegated acts. The dispensing of prescription medication by a18
104+physician assistant is subject to section 12-280-120 (6) A PHYSICIAN19
105+ASSISTANT MAY NOT PROVIDE CARE UNLESS THE PHYSICIAN ASSISTANT20
106+HAS ENTERED INTO A COLLABORATIVE AGREEMENT WITH A PHYSICIAN21
107+LICENSED IN GOOD STANDING PURSUANT TO THIS ARTICLE 240 OR ARTICLE22
108+290
109+ OF THIS TITLE 12 OR A PHYSICIAN GROUP.
110+23
111+(b) (I) If the authority to perform an act is delegated pursuant to24
112+subsection (6)(a) of this section, the physician assistant to whom the act25
113+is delegated shall not perform the act except under the personal and26
114+responsible direction and supervision of a person licensed under the laws27
115+083
116+-3- of this state to practice medicine. A licensed physician may be responsible1
117+for the direction and supervision of up to eight physician assistants at any2
118+one time. A licensed physician shall not be made responsible for the3
119+direction and supervision of more than four physician assistants unless the4
120+licensed physician agrees to assume the responsibility. A licensed5
121+physician has sole discretion to assume or refuse such responsibility, and6
122+an employer shall not require a licensed physician to assume such7
123+responsibility as a condition of employment. The board, by rule, may8
124+define what constitutes appropriate direction and supervision of a9
125+physician assistant; except that the board shall not promulgate a rule that10
126+is inconsistent with section 12-240-114.5 WITH A COLLABORATIVE11
127+AGREEMENT IN PLACE, A PHYSICIAN ASSISTANT LICENSED BY THE BOARD12
128+PURSUANT TO SECTION 12-240-113 MAY PERFORM ACTS WITHIN THE13
129+PHYSICIAN ASSISTANT'S EDUCATION, EXPERIENCE, AND COMPETENCY THAT14
130+CONSTITUTE THE PRACTICE OF MEDICINE AND ACTS THAT PHYSICIANS ARE15
131+AUTHORIZED BY LAW TO PERFORM TO THE EXTENT AND IN THE MANNER16
132+AUTHORIZED BY RULES PROMULGATED BY THE BOARD , INCLUDING17
133+PRESCRIBING AND DISPENSING MEDICATION , INCLUDING CONTROLLED18
134+SUBSTANCES.19
135+(II) For purposes of this subsection (6), "personal and responsible20
136+direction and supervision" means that the direction and supervision of a21
137+physician assistant is personally rendered by a licensed physician22
138+practicing in the state of Colorado and is not rendered through23
139+intermediaries. The extent of direction and supervision shall be24
140+determined by rules promulgated by the board and as otherwise provided25
141+in this subsection (6)(b); except that, when a physician assistant is26
142+performing a delegated medical function in an acute care hospital, the27
143+083
144+-4- board shall allow supervision and direction to be performed without the1
145+physical presence of the physician during the time the delegated medical2
146+functions are being implemented if:3
147+(A) The medical functions are performed where the supervising4
148+physician regularly practices or in a designated health manpower shortage5
149+area;6
150+(B) The licensed supervising physician reviews the quality of7
151+medical services rendered by the physician assistant by reviewing the8
152+medical records to assure compliance with the physicians' directions; and9
153+(C) The performance of the delegated medical function otherwise10
154+complies with the board's rules and any restrictions and protocols of the11
155+licensed supervising physician and hospital.12
156+(c) Pursuant to section 12-240-135 (7), the board may apply for13
157+an injunction to enjoin any person from performing delegated medical14
158+acts that are in violation of this section or of any rules promulgated by the15
159+board THE COLLABORATIVE AGREEMENT MUST BE KEPT ON FILE AT THE16
160+PHYSICIAN ASSISTANT'S PRIMARY LOCATION OF PRACTICE AND BE MADE17
161+AVAILABLE TO THE BOARD UPON REQUEST .18
162+(d) This subsection (6) shall not apply to any person who performs19
163+delegated medical tasks within the scope of the exemption contained in20
164+subsection (3)(l) of this section AN ACT BY A PHYSICIAN ASSISTANT THAT21
165+CONSTITUTES THE PRACTICE OF MEDICINE MUST BE CONSISTENT WITH22
166+GENERALLY ACCEPTED STANDARDS OF MEDICAL PRACTICE . A PHYSICIAN23
167+ASSISTANT SHALL COLLABORATE WITH THE APPROPRIATE HEALTH -CARE24
168+PROVIDER AS INDICATED BY THE CONDITION OF THE PATIENT , THE25
169+STANDARD OF CARE , AND THE PHYSICIAN ASSISTANT 'S EDUCATION,26
170+EXPERIENCE, AND COMPETENCE.27
171+083
172+-5- (e) AN EMPLOYER SHALL NOT REQUIRE A LICENSED PHYSICIAN TO1
173+ENTER INTO A COLLABORATIVE AGREEMENT AS A CONDITION OF THE2
174+PHYSICIAN'S EMPLOYMENT.3
122175 (f) A
123-LL PRESCRIPTIONS ISSUED BY A PHYSICIAN ASSISTANT MUST
124-INCLUDE THE PHYSICIAN ASSISTANT
125-'S NAME, THE NAME AND ADDRESS OF
126-THE HEALTH FACILITY
127-, AND, IF THE HEALTH FACILITY IS A MULTISPECIALTY
128-ORGANIZATION
129-, THE NAME AND ADDRESS OF THE SPECIALITY CLINIC WITHIN
130-THE HEALTH FACILITY WHERE THE PHYSICIAN ASSISTANT IS PRACTICING
131-. THE
132-DISPENSING OF PRESCRIPTION MEDICATION BY A PHYSICIAN ASSISTANT IS
133-SUBJECT TO SECTION
134-12-280-120 (6)(a).
176+LL PRESCRIPTIONS ISSUED BY A PHYSICIAN ASSISTANT MUST4
177+INCLUDE THE PHYSICIAN ASSISTANT'S NAME, THE NAME AND ADDRESS OF5
178+THE HEALTH FACILITY, AND, IF THE HEALTH FACILITY IS A MULTISPECIALTY6
179+ORGANIZATION, THE NAME AND ADDRESS OF THE SPECIALITY CLINIC7
180+WITHIN THE HEALTH FACILITY WHERE THE PHYSICIAN ASSISTANT IS8
181+PRACTICING. THE DISPENSING OF PRESCRIPTION MEDICATION BY A9
182+PHYSICIAN ASSISTANT IS SUBJECT TO SECTION 12-280-120 (6)(a).10
135183 (g) W
136-HILE PERFORMING ACTS INCLUDED IN THE PRACTICE OF
137-MEDICINE
138-, AS DEFINED IN SUBSECTION (1) OF THIS SECTION, A PHYSICIAN
139-ASSISTANT SHALL CLEARLY IDENTIFY ONESELF
140-, BOTH VISUALLY AND
141-VERBALLY
142-, AS A PHYSICIAN ASSISTANT. AN EMPLOYER, PHYSICIAN, OR
143-PHYSICIAN GROUP MUST IDENTIFY TO PATIENTS THAT A PHYSICIAN
144-ASSISTANT PROVIDING CARE IS A PHYSICIAN ASSISTANT
145-.
184+HILE PERFORMING ACTS INCLUDED IN THE PRACTICE OF11
185+MEDICINE, AS DEFINED IN SUBSECTION (1) OF THIS SECTION, A PHYSICIAN12
186+ASSISTANT SHALL CLEARLY IDENTIFY ONESELF , BOTH VISUALLY AND13
187+VERBALLY, AS A PHYSICIAN ASSISTANT. AN EMPLOYER, PHYSICIAN, OR
188+14
189+PHYSICIAN GROUP MUST IDENTIFY TO PATIENTS THAT A PHYSICIAN15
190+ASSISTANT PROVIDING CARE IS A PHYSICIAN ASSISTANT .16
146191 (h) P
147-URSUANT TO SECTION 12-240-135 (7), THE BOARD MAY APPLY
148-FOR AN INJUNCTION TO ENJOIN ANY PERSON FROM PERFORMING MEDICAL
149-ACTS THAT ARE IN VIOLATION OF THIS SECTION OR OF ANY RULES
150-PROMULGATED BY THE BOARD
151-.
192+URSUANT TO SECTION 12-240-135 (7), THE BOARD MAY APPLY17
193+FOR AN INJUNCTION TO ENJOIN ANY PERSON FROM PERFORMING MEDICAL18
194+ACTS THAT ARE IN VIOLATION OF THIS SECTION OR OF ANY RULES19
195+PROMULGATED BY THE BOARD .20
152196 (i) T
153-HIS SUBSECTION (6) DOES NOT APPLY TO ANY PERSON WHO
154-PERFORMS MEDICAL TASKS WITHIN THE SCOPE OF THE EXEMPTION SPECIFIED
155-IN SUBSECTION
156- (3)(l) OF THIS SECTION.
197+HIS SUBSECTION (6) DOES NOT APPLY TO ANY PERSON WHO21
198+PERFORMS MEDICAL TASKS WITHIN THE SCOPE OF THE EXEMPTION22
199+SPECIFIED IN SUBSECTION (3)(l) OF THIS SECTION.23
157200 (j) A
158- PHYSICIAN ASSISTANT IS LIABLE FOR THE CARE PROVIDED BY
159-THE PHYSICIAN ASSISTANT
160-.
201+ PHYSICIAN ASSISTANT IS LIABLE
202+ FOR THE CARE PROVIDED BY24
203+THE PHYSICIAN ASSISTANT.25
161204 (k) A
162- PHYSICIAN ASSISTANT SHALL COMPLY WITH THE FINANCIAL
163-RESPONSIBILITY REQUIREMENTS SPECIFIED IN SECTION
164-13-64-301 (1) AND
165-RULES ADOPTED BY THE BOARD PURSUANT TO THAT SECTION
166-.
205+ PHYSICIAN ASSISTANT SHALL COMPLY WITH THE FINANCIAL26
206+RESPONSIBILITY REQUIREMENTS SPECIFIED IN SECTION 13-64-301 (1) AND27
207+083
208+-6- RULES ADOPTED BY THE BOARD PURSUANT TO THAT SECTION .1
167209 (l) P
168-URSUANT TO SECTION 12-240-138 (1)(d)(I), A PHYSICIAN
169-PAGE 4-SENATE BILL 23-083 ASSISTANT IS NOT AUTHORIZED TO OWN A MAJORITY OF A MEDICAL
170-PRACTICE
171-.
172-SECTION 2. In Colorado Revised Statutes, amend 12-240-114.5
173-as follows:
174-12-240-114.5. Physician assistants - collaboration requirements
175-- proof of practice hours from another jurisdiction - liability -
176-definitions. (1) As used in this section, unless the context otherwise
177-requires:
210+URSUANT TO SECTION 12-240-138 (1)(d)(I), A PHYSICIAN2
211+ASSISTANT IS NOT AUTHORIZED TO OWN A MAJORITY OF A MEDICAL3
212+PRACTICE.4
213+SECTION 2. In Colorado Revised Statutes, amend 12-240-114.55
214+as follows:6
215+12-240-114.5. Physician assistants - collaboration7
216+requirements - proof of practice hours from another jurisdiction -8
217+liability - definitions. (1) As used in this section, unless the context9
218+otherwise requires:10
178219 (a) "C
179-OLLABORATION" MEANS, AS INDICATED BY THE PATIENT'S
180-CONDITION
181-, COMMUNITY STANDARDS OF CARE , AND A PHYSICIAN
182-ASSISTANT
183-'S EDUCATION, TRAINING, AND EXPERIENCE:
220+OLLABORATION" MEANS, AS INDICATED BY THE PATIENT'S11
221+CONDITION, COMMUNITY STANDARDS OF CARE , AND A PHYSICIAN12
222+ASSISTANT'S EDUCATION, TRAINING, AND EXPERIENCE:13
184223 (I) C
185-ONSULTATION BETWEEN THE PHYSICIAN ASSISTANT AND A
186-PHYSICIAN OR PHYSICIAN GROUP
187-; OR
188-(II) REFERRAL BY THE PHYSICIAN ASSISTANT TO A PHYSICIAN , OR, IF
189-THE REFERRAL IS TO A PHYSICIAN PRACTICING IN A DIFFERENT PRACTICE
190-AREA THAN THE PHYSICIAN ASSISTANT
191-, A PHYSICIAN'S PRACTICE GROUP.
224+ONSULTATION BETWEEN THE PHYSICIAN ASSISTANT AND
225+ A14
226+PHYSICIAN OR PHYSICIAN GROUP; OR15
227+(II) R
228+EFERRAL BY THE PHYSICIAN ASSISTANT TO A PHYSICIAN , OR,16
229+IF THE REFERRAL IS TO A PHYSICIAN PRACTICING IN A DIFFERENT PRACTICE17
230+AREA THAN THE PHYSICIAN ASSISTANT , A PHYSICIAN'S PRACTICE GROUP.18
192231 (b) "C
193-OLLABORATIVE AGREEMENT " MEANS A WRITTEN AGREEMENT
194-THAT DESCRIBES THE MANNER IN WHICH A PHYSICIAN ASSISTANT
195-COLLABORATES WITH A PHYSICIAN OR A PHYSICIAN GROUP
196-.
197-(a)
198- (c) "Performance evaluation" means a document that includes
199-domains of competency relevant to the practice of a physician assistant,
200-uses more than one modality of assessment to evaluate the domains, and
201-includes consideration of the physician assistant's education, training,
202-experience, competency, and knowledge of the specialty
203- PRACTICE AREA in
204-which the physician assistant is engaged.
205-(b) "Practice agreement" means a written agreement between a
206-physician assistant and a supervising physician that defines the
207-communication and decision-making process by which the physician
208-assistant and the supervising physician provide care to patients.
209-(c) "Supervisory plan" means a document that allows a supervising
210-physician to follow the ongoing professional development of a physician
211-PAGE 5-SENATE BILL 23-083 assistant's clinical practice, promotes a collaborative relationship between
212-a physician assistant and his or her supervising physicians, and allows a
213-supervising physician to address any deficiencies that have been identified
214-in the physician assistant's clinical competencies during the initial
215-performance period.
216-(d) "PHYSICIAN" MEANS A PHYSICIAN LICENSED IN GOOD STANDING
217-PURSUANT TO THIS ARTICLE
218-240 OR ARTICLE 290 OF THIS TITLE 12,
219-INCLUDING A PHYSICIAN IN A PHYSICIAN GROUP .
220-(2) (a) A physician assistant licensed pursuant to this article 240
221-who has practiced for less than three years is subject to the followingsupervisory requirements SHALL ENTER INTO A COLLABORATIVE AGREEMENT
222-WITH A PHYSICIAN OR A PHYSICIAN GROUP
223-. THE PHYSICIAN ENTERING INTO
224-A COLLABORATIVE AGREEMENT MUST BE ACTIVELY PRACTICING IN
225-COLORADO WITH A REGULAR AND RELIABLE PHYSICAL PRESENCE IN
226-COLORADO. THE COLLABORATIVE AGREEMENT MUST INCLUDE :
227-(a)
228- (I) The physician assistant's first one hundred sixty working
229-hours shall be supervised by a supervising physician who works at the same
230-location as the physician assistant. The physician assistant's primary
231-supervising physician shall provide at least forty hours of supervision, and
232-the remaining hours may be provided by a secondary supervising physician
233-who is designated by the primary supervising physician. THE PHYSICIAN
234-ASSISTANT
235-'S NAME, LICENSE NUMBER, AND PRIMARY LOCATION OF PRACTICE;
236-(b)
237- (II) After the physician assistant completes one hundred sixty
238-working hours, a supervising physician must remain available to the
239-physician assistant via a telecommunication device at all times when the
240-physician assistant is working. THE SIGNATURE OF THE PHYSICIAN
241-ASSISTANT AND THE PHYSICIAN OR PHYSICIAN GROUP WITH WHOM THE
242-PHYSICIAN ASSISTANT HAS ENTERED INTO THE COLLABORATIVE AGREEMENT
243-;
244-(c) (III) Not more than thirty days after the physician assistant
245-completes one hundred sixty working hours, the primary supervising
246-physician shall complete an initial performance assessment and a
247-supervisory plan for the physician assistant. A DESCRIPTION OF THE
248-PHYSICIAN ASSISTANT
249-'S PROCESS FOR COLLABORATION , THE DEGREE OF
250-WHICH MUST BE BASED ON THE PHYSICIAN ASSISTANT
251-'S PRIMARY LOCATION
252-AND AREA OF PRACTICE AND MAY INCLUDE
253-:
254-PAGE 6-SENATE BILL 23-083 (A) DECISIONS MADE BY THE PHYSICIAN OR PHYSICIAN GROUP WITH
255-WHOM THE PHYSICIAN ASSISTANT HAS ENTERED INTO A COLLABORATIVE
256-AGREEMENT
257-; AND
258-(B) THE CREDENTIALING OR PRIVILEGING REQUIREMENTS OF THE
259-PHYSICIAN ASSISTANT
260-'S PRIMARY LOCATION OF PRACTICE;
232+OLLABORATIVE AGREEMENT " MEANS A WRITTEN19
233+AGREEMENT THAT DESCRIBES THE MANNER IN WHICH A PHYSICIAN20
234+ASSISTANT COLLABORATES WITH
235+ A PHYSICIAN OR A PHYSICIAN GROUP.21
236+(a) (c) "Performance evaluation" means a document that includes22
237+domains of competency relevant to the practice of a physician assistant,23
238+uses more than one modality of assessment to evaluate the domains, and24
239+includes consideration of the physician assistant's education, training,25
240+experience, competency, and knowledge of the specialty PRACTICE AREA26
241+in which the physician assistant is engaged.27
242+083
243+-7- (b) "Practice agreement" means a written agreement between a1
244+physician assistant and a supervising physician that defines the2
245+communication and decision-making process by which the physician3
246+assistant and the supervising physician provide care to patients.4
247+(c) "Supervisory plan" means a document that allows a5
248+supervising physician to follow the ongoing professional development of6
249+a physician assistant's clinical practice, promotes a collaborative7
250+relationship between a physician assistant and his or her supervising8
251+physicians, and allows a supervising physician to address any deficiencies9
252+that have been identified in the physician assistant's clinical competencies10
253+during the initial performance period.11
254+(d) "P
255+HYSICIAN" MEANS A PHYSICIAN LICENSED IN GOOD STANDING
256+12
257+PURSUANT TO THIS ARTICLE 240 OR ARTICLE 290 OF THIS TITLE 12,13
258+INCLUDING A PHYSICIAN IN A PHYSICIAN GROUP .14
259+(2) (a) A physician assistant licensed pursuant to this article 24015
260+who has practiced for less than three years is subject to the following16
261+supervisory requirements SHALL ENTER INTO A COLLABORATIVE17
262+AGREEMENT WITH A PHYSICIAN OR A PHYSICIAN GROUP . THE PHYSICIAN18
263+ENTERING INTO A COLLABORATIVE AGREEMENT MUST BE ACTIVELY19
264+PRACTICING IN COLORADO WITH A REGULAR AND RELIABLE PHYSICAL20
265+PRESENCE IN COLORADO. THE COLLABORATIVE AGREEMENT MUST21
266+INCLUDE:22
267+(a) (I) The physician assistant's first one hundred sixty working23
268+hours shall be supervised by a supervising physician who works at the24
269+same location as the physician assistant. The physician assistant's primary25
270+supervising physician shall provide at least forty hours of supervision, and26
271+the remaining hours may be provided by a secondary supervising27
272+083
273+-8- physician who is designated by the primary supervising physician. THE1
274+PHYSICIAN ASSISTANT'S NAME, LICENSE NUMBER, AND PRIMARY LOCATION2
275+OF PRACTICE;3
276+(b) (II) After the physician assistant completes one hundred sixty4
277+working hours, a supervising physician must remain available to the5
278+physician assistant via a telecommunication device at all times when the6
279+physician assistant is working. THE SIGNATURE OF THE PHYSICIAN7
280+ASSISTANT AND THE PHYSICIAN OR PHYSICIAN GROUP WITH WHOM THE8
281+PHYSICIAN ASSISTANT HAS ENTERED INTO THE COLLABORATIVE9
282+AGREEMENT;10
283+(c) (III) Not more than thirty days after the physician assistant11
284+completes one hundred sixty working hours, the primary supervising12
285+physician shall complete an initial performance assessment and a13
286+supervisory plan for the physician assistant. A DESCRIPTION OF THE14
287+PHYSICIAN ASSISTANT'S PROCESS FOR COLLABORATION , THE DEGREE OF15
288+WHICH MUST BE BASED ON THE PHYSICIAN ASSISTANT 'S PRIMARY16
289+LOCATION AND AREA OF PRACTICE AND MAY INCLUDE :17
290+(A) D
291+ECISIONS MADE BY THE PHYSICIAN OR PHYSICIAN GROUP
292+18
293+WITH WHOM THE PHYSICIAN ASSISTANT HAS ENTERED INTO A19
294+COLLABORATIVE AGREEMENT ; AND20
295+(B) T
296+HE CREDENTIALING OR PRIVILEGING REQUIREMENTS OF THE21
297+PHYSICIAN ASSISTANT'S PRIMARY LOCATION OF PRACTICE;22
261298 (IV) A
262- DESCRIPTION OF THE PERFORMANCE EVALUATION PROCESS ,
263-WHICH MAY BE COMPLETED BY THE PHYSICIAN ASSISTANT 'S EMPLOYER IN
264-ACCORDANCE WITH A PERFORMANCE EVALUATION AND REVIEW PROCESS
265-ESTABLISHED BY THE EMPLOYER
266-; AND
267-(V) ANY ADDITIONAL REQUIREMENTS SPECIFIC TO THE PHYSICIAN
268-ASSISTANT
269-'S PRACTICE REQUIRED BY THE PHYSICIAN ENTERING INTO THE
270-COLLABORATIVE AGREEMENT
271-, INCLUDING ADDITIONAL LEVELS OF
272-OVERSIGHT
273-, LIMITATIONS ON AUTONOMOUS JUDGMENT , AND THE
274-DESIGNATION OF A PRIMARY CONTACT FOR COLLABORATION
275-.
276-(b) (I) E
277-XCEPT AS PROVIDED IN SUBSECTION (2)(b)(IV) OF THIS
278-SECTION
279-, FOR A PHYSICIAN ASSISTANT WITH FEWER THAN FIVE THOUSAND
280-PRACTICE HOURS
281-, OR A PHYSICIAN ASSISTANT CHANGING PRACTICE AREAS
282-WITH FEWER THAN THREE THOUS AND PRACTICE HOURS IN THE NEW PRACTICE
283-AREA
284-, THE COLLABORATIVE AGREEMENT IS A SUPERVISORY AGREEMENT
285-THAT MUST INCLUDE THE PROVISIONS DESCRIBED IN SUBSECTIONS
286-(2)(a)(III)(A), (2)(a)(III)(B), (2)(a)(IV), AND (2)(a)(V) OF THIS SECTION AND
287-MUST ALSO
288-:
299+ DESCRIPTION OF THE PERFORMANCE EVALUATION PROCESS ,23
300+WHICH MAY BE COMPLETED BY THE PHYSICIAN ASSISTANT 'S EMPLOYER IN24
301+ACCORDANCE WITH A PERFORMANCE EVALUATION AND REVIEW PROCESS25
302+ESTABLISHED BY THE EMPLOYER ; AND26
303+(V) A
304+NY ADDITIONAL REQUIREMENTS SPECIFIC TO THE PHYSICIAN27
305+083
306+-9- ASSISTANT'S PRACTICE REQUIRED BY THE PHYSICIAN ENTERING INTO1
307+THE COLLABORATIVE AGREEMENT , INCLUDING ADDITIONAL LEVELS OF2
308+OVERSIGHT, LIMITATIONS ON AUTONOMOUS JUDGMENT , AND THE3
309+DESIGNATION OF A PRIMARY CONTACT FOR COLLABORATION .4
310+(b) (I) EXCEPT AS PROVIDED IN SUBSECTION (2)(b)(IV) OF THIS5
311+SECTION, FOR A PHYSICIAN ASSISTANT WITH FEWER THAN FIVE THOUSAND6
312+PRACTICE HOURS, OR A PHYSICIAN ASSISTANT CHANGING PRACTICE AREAS7
313+WITH FEWER THAN THREE THOUSAND PRACTICE HOURS IN THE NEW8
314+PRACTICE AREA, THE COLLABORATIVE AGREEMENT IS A SUPERVISORY9
315+AGREEMENT THAT MUST INCLUDE THE PROVISIONS DESCRIBED IN10
316+SUBSECTIONS (2)(a)(III)(A), (2)(a)(III)(B), (2)(a)(IV), AND (2)(a)(V) OF11
317+THIS SECTION AND MUST ALSO:12
289318 (A) R
290-EQUIRE THAT COLLABORATION DURING THE FIRST ONE
291-HUNDRED SIXTY PRACTICE HOURS BE COMPLETED IN PERSON OR THROUGH
292-TECHNOLOGY
293-, AS PERMITTED BY THE PHYSICIAN OR PHYSICIAN GROUP WITH
294-WHOM THE PHYSICIAN ASSISTANT HAS ENTERED INTO THE COLLABORATIVE
295-AGREEMENT
296-;
319+EQUIRE THAT COLLABORATION DURING THE FIRST ONE13
320+HUNDRED SIXTY PRACTICE HOURS BE COMPLETED IN PERSON OR THROUGH14
321+TECHNOLOGY, AS PERMITTED BY THE PHYSICIAN OR PHYSICIAN GROUP
322+ 15
323+WITH WHOM THE PHYSICIAN ASSISTANT HAS ENTERED INTO THE16
324+COLLABORATIVE AGREEMENT ;17
297325 (B) I
298-NCORPORATE ELEMENTS DEFINING THE EXPECTED NATURE OF
299-COLLABORATION
300-, INCLUDING: THE PHYSICIAN ASSISTANT'S EXPECTED AREA
301-OF PRACTICE
302-; EXPECTATIONS REGARDING SUPPORT AND CONSULTATION
303-FROM THE PHYSICIAN OR PHYSICIAN GROUP WITH WHOM THE PHYSICIAN
304-ASSISTANT HAS ENTERED INTO A COLLABORATIVE AGREEMENT
305-; METHODS
306-AND MODES OF COMMUNICATION AND COLLABORATION
307-; AND ANY OTHER
308-PERTINENT ELEMENTS OF COLLABORATIVE
309-, TEAM-BASED PRACTICE
310-PAGE 7-SENATE BILL 23-083 APPLICABLE TO THE PHYSICIAN ASSISTANT'S PRACTICE OR ESTABLISHED BY
311-THE EMPLOYER
312-; AND
313-(C) REQUIRE A PERFORMANCE EVALUATION AND DISCUSSION OF THE
314-PERFORMANCE EVALUATION WITH THE PHYSICIAN ASSISTANT AFTER THE
315-PHYSICIAN ASSISTANT HAS WORKED WITH THE EMPLOYER FOR SIX MONTHS
316-,
317-AGAIN AFTER THE PHYSICIAN ASSISTANT HAS WORKED WITH THE EMPLOYER
318-FOR TWELVE MONTHS
319-, AND ADDITIONAL EVALUATION THEREAFTER AS
320-DETERMINED BY THE PHYSICIAN OR PHYSICIAN GROUP WITH WHOM THE
321-PHYSICIAN ASSISTANT HAS ENTERED INTO THE COLLABORATIVE AGREEMENT
322-.
326+NCORPORATE ELEMENTS DEFINING THE EXPECTED NATURE OF18
327+COLLABORATION, INCLUDING: THE PHYSICIAN ASSISTANT'S EXPECTED19
328+AREA OF PRACTICE ; EXPECTATIONS REGARDING SUPPORT AND20
329+CONSULTATION FROM THE PHYSICIAN OR PHYSICIAN GROUP
330+ WITH WHOM21
331+THE PHYSICIAN ASSISTANT HAS ENTERED INTO A COLLABORATIVE22
332+AGREEMENT; METHODS AND MODES OF COMMUNICATION AND23
333+COLLABORATION; AND ANY OTHER PERTINENT ELEMENTS OF24
334+COLLABORATIVE, TEAM-BASED PRACTICE APPLICABLE TO THE PHYSICIAN25
335+ASSISTANT'S PRACTICE OR ESTABLISHED BY THE EMPLOYER ; AND26
336+(C) R
337+EQUIRE A PERFORMANCE EVALUATION AND DISCUSSION OF27
338+083
339+-10- THE PERFORMANCE EVALUATION WITH THE PHYSICIAN ASSISTANT AFTER1
340+THE PHYSICIAN ASSISTANT HAS WORKED WITH THE EMPLOYER FOR SIX2
341+MONTHS, AGAIN AFTER THE PHYSICIAN ASSISTANT HAS WORKED WITH THE3
342+EMPLOYER FOR TWELVE MONTHS , AND ADDITIONAL EVALUATION4
343+THEREAFTER AS DETERMINED BY THE PHYSICIAN OR PHYSICIAN GROUP5
344+WITH WHOM THE PHYSICIAN ASSISTANT HAS ENTERED INTO THE6
345+COLLABORATIVE AGREEMENT .7
323346 (II) T
324-HE PERFORMANCE EVALUATION MAY BE COMPLETED BY THE
325-PHYSICIAN ASSISTANT
326-'S EMPLOYER IN ACCORDANCE WITH THE
327-PERFORMANCE EVALUATION AND REVIEW PROCESS ESTABLISHED BY THE
328-EMPLOYER
329-; EXCEPT THAT THE PERFORMANCE EVALUATION MUST BE
330-COMPLETED WITH AT LEAST THE MINIMUM FREQUENCY REQUIRED IN SECTION
331-(2)(b)(I)(C) OF THIS SECTION.
332-(III) E
333-XCEPT AS PROVIDED IN SUBSECTION (2)(b)(IV) OF THIS
334-SECTION
335-, AFTER A PHYSICIAN ASSISTANT HAS COMPLETED THE NUMBER OF
336-PRACTICE HOURS REQUIRED PURSUANT TO THIS SUBSECTION
337-(2), THE
338-ADDITIONAL COLLABORATIVE AGREEMENT REQUIREMENTS DESCRIBED IN
339-THIS SUBSECTION
340- (2)(b) NO LONGER APPLY.
341-(IV) N
342-OTWITHSTANDING THE PROVISIONS OF THIS SUBSECTION (2):
343-(A) F
344-OR A PHYSICIAN ASSISTANT ENTERING INTO A COLLABORATIVE
345-AGREEMENT WITH A PHYSICIAN OR PHYSICIAN GROUP IN THE EMERGENCY
346-DEPARTMENT OF A HOSPITAL WITH A LEVEL
347-I OR LEVEL II TRAUMA CENTER,
348-THE COLLABORATIVE AGREEMENT REMAINS A SUPERVISORY AGREEMENT
349-AND CONTINUES INDEFINITELY
350-.
351-(B) F
352-OR A PHYSICIAN ASSISTANT CHANGING PRACTICE AREAS TO
353-PRACTICE IN AN EMERGENCY DEPARTMENT OF A HOSPITAL THAT IS NOT A
354-LEVEL
355-I OR LEVEL II TRAUMA CENTER, THE SUPERVISING PHYSICIAN OR
356-PHYSICIAN GROUP MAY INCREASE THE NUMBER OF HOURS FOR WHICH THE
357-COLLABORATIVE AGREEMENT IS A SUPERVISORY AGREEMENT PURSUANT TO
358-THIS SUBSECTION
359- (2)(b).
360-(3) (a) The supervision of a physician assistant licensed pursuant to
361-PAGE 8-SENATE BILL 23-083 this article 240 who has practiced in this state for three years or more is
362-determined by a practice agreement that shall be created by the physician
363-assistant and his or her primary supervising physician not later than thirty
364-days after the physician assistant begins practicing under the supervision of
365-the primary supervising physician. A practice agreement must include A
366-PHYSICIAN ASSISTANT MAY PROVIDE THE BOARD WITH A SIGNED AFFIDAVIT
367-OUTLINING PRACTICE EXPERIENCE FOR THE PURPOSES OF MEETING THE
368-REQUIREMENTS DESCRIBED IN SUBSECTION
369- (2)(b) OF THIS SECTION, AS
370-APPLICABLE
371-, IF THE PHYSICIAN ASSISTANT:
347+HE PERFORMANCE EVALUATION MAY BE COMPLETED BY THE8
348+PHYSICIAN ASSISTANT'S EMPLOYER IN ACCORDANCE WITH THE9
349+PERFORMANCE EVALUATION AND REVIEW PROCESS ESTABLISHED BY THE10
350+EMPLOYER; EXCEPT THAT THE PERFORMANCE EVALUATION MUST BE11
351+COMPLETED WITH AT LEAST THE MINIMUM FREQUENCY REQUIRED IN12
352+SECTION (2)(b)(I)(C) OF THIS SECTION.13
353+(III)
354+EXCEPT AS PROVIDED IN SUBSECTION (2)(b)(IV) OF THIS14
355+SECTION, AFTER A PHYSICIAN ASSISTANT HAS COMPLETED THE NUMBER OF15
356+PRACTICE HOURS REQUIRED PURSUANT TO SUBSECTION (2) OF THIS16
357+SECTION, THE ADDITIONAL COLLABORATIVE AGREEMENT REQUIREMENTS17
358+DESCRIBED IN THIS SUBSECTION (2)(b) NO LONGER APPLY.18
359+(IV) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (2) OF19
360+THIS SECTION:20
361+(A) FOR A PHYSICIAN ASSISTANT ENTERING INTO A21
362+COLLABORATIVE AGREEMENT WITH A PHYSICIAN OR PHYSICIAN GROUP IN22
363+THE EMERGENCY DEPARTMENT OF A HOSPITAL WITH A LEVEL I OR LEVEL23
364+II TRAUMA CENTER, THE COLLABORATIVE AGREEMENT REMAINS A24
365+SUPERVISORY AGREEMENT AND CONTINUES INDEFINITELY .25
366+(B) FOR A PHYSICIAN ASSISTANT CHANGING PRACTICE AREAS TO26
367+PRACTICE IN AN EMERGENCY DEPARTMENT OF A HOSPITAL THAT IS NOT A27
368+083
369+-11- LEVEL I OR LEVEL II TRAUMA CENTER, THE SUPERVISING PHYSICIAN OR1
370+PHYSICIAN GROUP MAY INCREASE THE NUMBER OF HOURS FOR WHICH THE2
371+COLLABORATIVE AGREEMENT IS A SUPERVISORY AGREEMENT PURSUANT3
372+TO SUBSECTION (2)(b) OF THIS SECTION.4
373+(3) (a) The supervision of a physician assistant licensed pursuant5
374+to this article 240 who has practiced in this state for three years or more6
375+is determined by a practice agreement that shall be created by the7
376+physician assistant and his or her primary supervising physician not later8
377+than thirty days after the physician assistant begins practicing under the9
378+supervision of the primary supervising physician. A practice agreement10
379+must include A PHYSICIAN ASSISTANT MAY PROVIDE THE BOARD WITH A11
380+SIGNED AFFIDAVIT OUTLINING PRACTICE EXPERIENCE FOR THE PURPOSES12
381+OF MEETING THE REQUIREMENTS DESCRIBED IN SUBSECTION (2)(b) OF THIS13
382+SECTION, AS APPLICABLE, IF THE PHYSICIAN ASSISTANT:14
372383 (a) H
373-ELD AN UNENCUMBERED LICENSE IN ANOTHER STATE OR
374-TERRITORY OF THE
375-UNITED STATES BEFORE BECOMING LICENSED IN THIS
376-STATE PURSUANT TO SECTION
377-12-240-113; OR
378-(b) WAS INITIALLY LICENSED IN THIS STATE PRIOR TO THE EFFECTIVE
379-DATE OF THIS SUBSECTION
380-(3), AS AMENDED.
384+ELD AN UNENCUMBERED LICENSE IN ANOTHER STATE OR15
385+TERRITORY OF THE UNITED STATES BEFORE BECOMING LICENSED IN THIS16
386+STATE PURSUANT TO SECTION 12-240-113; OR17
387+(b) W
388+AS INITIALLY LICENSED IN THIS STATE PRIOR TO THE18
389+EFFECTIVE DATE OF THIS SUBSECTION (3), AS AMENDED.19
381390 (I) A process by which a physician assistant and a supervising
382-physician communicate and make decisions concerning patients' medical
383-treatment, which process utilizes the knowledge and skills of the physician
384-assistant and the supervising physician based on their respective education,
385-training, and experience;
386-(II) A protocol for designating an alternative physician for
387-consultation when the supervising physician is unavailable for consultation;
388-(III) The signatures of the physician assistant and supervising
389-physician; and
390-(IV) A termination provision that allows the physician assistant or
391-the supervising physician to terminate the practice agreement after
392-providing written notice of his or her intent to do so at least thirty days
393-before the date of termination. If a practice agreement is terminated, the
394-physician assistant and the physician assistant's primary supervising
395-physician shall create a new practice agreement within forty-five days after
396-the date the previous practice agreement was terminated.
397-(b) In addition to the components described in subsection (3)(a) of
398-this section, a practice agreement may impose conditions concerning
399-specific duties, procedures, or drugs.
400-PAGE 9-SENATE BILL 23-083 (c) If the terms or conditions of a practice agreement change, both
401-the physician assistant and the supervising physician shall sign and date the
402-updated practice agreement.
403-(4) A physician assistant licensed pursuant to this article 240 who
404-has practiced for at least twelve months and who is making a substantive
405-change in his or her scope of practice or practice area is subject to the
406-following supervisory requirements:
407-(a) The physician assistant's first eighty working hours shall be
408-supervised by a supervising physician who works at the same location as the
409-physician assistant. The physician assistant's primary supervising physician
410-shall provide at least twenty hours of supervision, and the remaining hours
411-may be provided by a secondary supervising physician who is designated
412-by the primary supervising physician.
413-(b) After the physician assistant completes eighty working hours, a
414-supervising physician shall remain available to the physician assistant via
415-a telecommunication device at all times when the physician assistant is
416-working.
417-(c) After the physician assistant has worked for six months, and
418-again after the physician assistant has worked for twelve months, the
419-primary supervising physician shall complete a performance assessment and
420-discuss the performance assessment with the physician assistant.
421-(5) (a) A physician assistant licensed pursuant to this article 240
422-who has practiced for at least three years may be liable for damages
423-resulting from negligence in providing care to a patient; except that a
424-physician assistant is not liable for any damages that occur as a result of the
425-physician assistant following a direct order from a supervising physician.
426-(b) A physician assistant who has been practicing for at least three
427-years shall comply with the financial responsibility requirements specified
428-in section 13-64-301 (1) and rules adopted by the board pursuant to that
429-section.
430-(c) A physician assistant's supervising physician may be liable for
431-damages resulting from the physician assistant's negligence in providing
432-care to a patient if the physician assistant has not practiced for at least three
433-PAGE 10-SENATE BILL 23-083 years as described in subsection (5)(a) of this section.
434-SECTION 3. In Colorado Revised Statutes, 12-240-119, amend
435-(2)(c) as follows:
436-12-240-119. Reentry license - period of inactivity - international
437-medical graduate - competency assessment - board rules - conversion
438-to full license. (2) (c) If, based on the assessment and,
439-IF PRESCRIBED, after
440-completion of an educational program, if prescribed,
441- the board determines
442-that the applicant is competent and qualified to practice medicine without
443-supervision, or
444- practice as a physician assistant, or PRACTICE as an
445-anesthesiologist assistant with supervision, as specified in this article 240,
446-the board may convert the reentry license to a full license to practice
447-medicine, practice as a physician assistant, or practice as an anesthesiologist
448-assistant, as applicable, under this article 240.
449-SECTION 4. In Colorado Revised Statutes, 12-240-122, amend (1)
450-as follows:
451-12-240-122. Prescriptions - requirement to advise patients. (1) A
452-physician
453-OR PHYSICIAN ASSISTANT licensed under this article 240 or a
454-physician assistant licensed by the board who has been delegated the
455-authority to prescribe medication, may advise the physician's or the
456-physician assistant's patients of their option to have the symptom or purpose
457-for which a prescription is being issued included on the prescription order.
458-SECTION 5. In Colorado Revised Statutes, 12-240-128, amend
459-(7)(c) as follows:
460-12-240-128. Physician training licenses. (7) A physician training
461-licensee may practice medicine as defined by this article 240 with the
462-following restrictions:
463-(c) A physician training licensee shall not: have the authority to
464-(I) Delegate the rendering of medical services to a person who is not
465-licensed to practice medicine pursuant to section 12-240-107 (3)(l);
466-OR
391+20
392+physician communicate and make decisions concerning patients' medical21
393+treatment, which process utilizes the knowledge and skills of the22
394+physician assistant and the supervising physician based on their respective23
395+education, training, and experience;24
396+(II) A protocol for designating an alternative physician for25
397+consultation when the supervising physician is unavailable for26
398+consultation;27
399+083
400+-12- (III) The signatures of the physician assistant and supervising1
401+physician; and2
402+(IV) A termination provision that allows the physician assistant3
403+or the supervising physician to terminate the practice agreement after4
404+providing written notice of his or her intent to do so at least thirty days5
405+before the date of termination. If a practice agreement is terminated, the6
406+physician assistant and the physician assistant's primary supervising7
407+physician shall create a new practice agreement within forty-five days8
408+after the date the previous practice agreement was terminated.9
409+(b) In addition to the components described in subsection (3)(a)10
410+of this section, a practice agreement may impose conditions concerning11
411+specific duties, procedures, or drugs.12
412+(c) If the terms or conditions of a practice agreement change, both13
413+the physician assistant and the supervising physician shall sign and date14
414+the updated practice agreement.15
415+(4) A physician assistant licensed pursuant to this article 240 who16
416+has practiced for at least twelve months and who is making a substantive17
417+change in his or her scope of practice or practice area is subject to the18
418+following supervisory requirements:19
419+(a) The physician assistant's first eighty working hours shall be20
420+supervised by a supervising physician who works at the same location as21
421+the physician assistant. The physician assistant's primary supervising22
422+physician shall provide at least twenty hours of supervision, and the23
423+remaining hours may be provided by a secondary supervising physician24
424+who is designated by the primary supervising physician.25
425+(b) After the physician assistant completes eighty working hours,26
426+a supervising physician shall remain available to the physician assistant27
427+083
428+-13- via a telecommunication device at all times when the physician assistant1
429+is working.2
430+(c) After the physician assistant has worked for six months, and3
431+again after the physician assistant has worked for twelve months, the4
432+primary supervising physician shall complete a performance assessment5
433+and discuss the performance assessment with the physician assistant.6
434+(5) (a) A physician assistant licensed pursuant to this article 2407
435+who has practiced for at least three years may be liable for damages8
436+resulting from negligence in providing care to a patient; except that a9
437+physician assistant is not liable for any damages that occur as a result of10
438+the physician assistant following a direct order from a supervising11
439+physician.12
440+(b) A physician assistant who has been practicing for at least three13
441+years shall comply with the financial responsibility requirements specified14
442+in section 13-64-301 (1) and rules adopted by the board pursuant to that15
443+section.16
444+(c) A physician assistant's supervising physician may be liable for17
445+damages resulting from the physician assistant's negligence in providing18
446+care to a patient if the physician assistant has not practiced for at least19
447+three years as described in subsection (5)(a) of this section.20
448+SECTION 3. In Colorado Revised Statutes, 12-240-119, amend21
449+(2)(c) as follows:22
450+12-240-119. Reentry license - period of inactivity -23
451+international medical graduate - competency assessment - board24
452+rules - conversion to full license. (2) (c) If, based on the assessment25
453+and,
454+IF PRESCRIBED, after completion of an educational program, if
455+26
456+prescribed, the board determines that the applicant is competent and27
457+083
458+-14- qualified to practice medicine without supervision, or practice as a1
459+physician assistant, or
460+PRACTICE as an anesthesiologist assistant with2
461+supervision, as specified in this article 240, the board may convert the3
462+reentry license to a full license to practice medicine, practice as a4
463+physician assistant, or practice as an anesthesiologist assistant, as5
464+applicable, under this article 240.6
465+SECTION 4. In Colorado Revised Statutes, 12-240-122, amend7
466+(1) as follows:8
467+12-240-122. Prescriptions - requirement to advise patients.9
468+(1) A physician
469+OR PHYSICIAN ASSISTANT licensed under this article 24010
470+or a physician assistant licensed by the board who has been delegated the
471+11
472+authority to prescribe medication, may advise the physician's or the12
473+physician assistant's patients of their option to have the symptom or13
474+purpose for which a prescription is being issued included on the14
475+prescription order.15
476+SECTION 5. In Colorado Revised Statutes, 12-240-128, amend16
477+(7)(c) as follows:17
478+12-240-128. Physician training licenses. (7) A physician18
479+training licensee may practice medicine as defined by this article 240 with19
480+the following restrictions:20
481+(c) A physician training licensee shall not: have the authority to21
482+(I) Delegate the rendering of medical services to a person who is22
483+not licensed to practice medicine pursuant to section 12-240-107 (3)(l);23
484+OR24
467485 (II) and shall not have the authority to supervise
468- ENTER INTO A
469-COLLABORATIVE AGREEMENT WITH
470- physician assistants as provided by
471-PAGE 11-SENATE BILL 23-083 section 12-240-107 (6) DESCRIBED IN SECTIONS 12-240-107 (6) AND
472-12-240-114.5.
473-SECTION 6. In Colorado Revised Statutes, 12-280-103, amend
474-(39)(c)(II)(B) as follows:
475-12-280-103. Definitions - rules. As used in this article 280, unless
476-the context otherwise requires or the term is otherwise defined in another
477-part of this article 280:
478-(39) "Practice of pharmacy" means:
479-(c) The provision of a therapeutic interchange selection or a
480-therapeutically equivalent selection to a patient if, during the patient's stay
481-at a nursing care facility or a long-term acute care hospital licensed under
482-part 1 of article 3 of title 25, the selection has been approved for the patient:
483-(II) By one of the following health-care providers:
484-(B) A physician assistant licensed under section 12-240-113; if the
485-physician assistant is under the supervision of a licensed physician; or
486-SECTION 7. In Colorado Revised Statutes, 12-280-502, amend
487-(1)(b)(II) as follows:
488-12-280-502. Therapeutic interchange and therapeutically
489-equivalent selections for nursing care facility or long-term acute care
490-hospital patients - rules. (1) A pharmacy used by a nursing care facility
491-or a long-term acute care hospital licensed under part 1 of article 3 of title
492-25 may make a therapeutic interchange or a therapeutically equivalent
493-selection for a patient if, during the patient's stay at the facility, the selection
494-has been approved for the patient:
495-(b) By one of the following health-care providers:
496-(II) A physician assistant licensed under section 12-240-113; if the
497-physician assistant is under the supervision of a licensed physician; or
498-SECTION 8. In Colorado Revised Statutes, 12-290-110, amend (5)
499-as follows:
500-PAGE 12-SENATE BILL 23-083 12-290-110. Podiatry training license. (5) A person with a
501-podiatric training license shall only practice podiatry ONLY under the
502-supervision of a licensed podiatrist or a physician licensed to practice
503-medicine within the residency program. A person with a podiatry training
504-license shall not delegate podiatric or medical services to a person who is
505-not licensed to practice podiatry or medicine and shall not have the
506-authority to supervise
507- COLLABORATE WITH physician assistants.
508-SECTION 9. In Colorado Revised Statutes, amend 12-290-117 as
509-follows:
510-12-290-117. Use of physician assistants - collaboration
511-requirements - affidavits of practice experience - rules - definitions.
512-(1) A person licensed under the laws of this state to practice podiatry may
513-delegate to a physician assistant licensed by the Colorado medical board
514-pursuant to section 12-240-113 the authority to A PHYSICIAN ASSISTANT
515-LICENSED PURSUANT TO ARTICLE
516-240 OF THIS TITLE 12 MAY perform acts
517-that constitute the practice of podiatry to the extent and in the manner
518-authorized by rules promulgated by the Colorado podiatry
519- board. The acts
520-shall be consistent with sound practices of podiatry. Each prescription for
521-a controlled substance, as defined in section 18-18-102 (5), issued by a
522-physician assistant must have the name of the physician assistant's
523-supervising podiatrist printed on the prescription. For all other ALL
524-prescriptions issued by a physician assistant MUST INCLUDE THE PHYSICIAN
525-ASSISTANT
526-'S NAME, the name and address of the health facility, and, if the
527-health facility is a multi-speciality
528- MULTISPECIALTY organization, the name
529-and address of the speciality SPECIALTY clinic within the health facility
530-where the physician assistant is practicing. must be imprinted on the
531-prescription. Nothing in this section limits the ability of otherwise licensed
532-health personnel to perform delegated acts. The dispensing of prescription
533-medication by a physician assistant is subject to section 12-280-120 (6).
534-(2) If the authority to perform an act is delegated pursuant to
535-subsection (1) of this section, the act shall not be performed except under
536-the personal and responsible direction and supervision of a person licensed
537-under the laws of this state to practice podiatry, and the person shall not be
538-responsible for the direction and supervision of more than four physician
539-assistants at any one time without specific approval of the Colorado
540-podiatry board. The board may define appropriate direction and supervision
541-pursuant to rules PRIOR TO PRACTICING PODIATRY, A PHYSICIAN ASSISTANT
542-PAGE 13-SENATE BILL 23-083 MUST ENTER INTO A COLLABORATIVE AGREEMENT WITH A LICENSED
543-PODIATRIST
544-.
545-(3) The provisions of sections 12-240-107 (6), and
546- 12-240-113, AND
547-12-240-114.5 governing physician assistants under the "Colorado Medical
548-Practice Act" shall apply to physician assistants under this section.
549-SECTION 10. In Colorado Revised Statutes, 13-64-301, amend (1)
550-introductory portion as follows:
551-13-64-301. Financial responsibility. (1) As a condition of active
552-licensure or authority to practice in this state, every physician, dentist,
553-dental therapist, or dental hygienist; every physician assistant; who has been
554-practicing for at least three years; and every health-care institution as
555-defined in section 13-64-202, except as provided in section 13-64-303.5,
556-that provides health-care services shall establish financial responsibility, as
557-follows:
558-SECTION 11. In Colorado Revised Statutes, 15-18.7-103, amend
559-(1) introductory portion and (1)(i) as follows:
560-15-18.7-103. Medical orders for scope of treatment forms - form
561-contents. (1) A medical orders for scope of treatment form shall
562- MUST
563-include the following information concerning the adult whose medical
564-treatment is the subject of the medical orders for scope of treatment form:
565-(i) The signature of the adult's physician, advanced practice
566-registered nurse, or if under the supervision or authority of the physician,
567-physician assistant.
568-SECTION 12. In Colorado Revised Statutes, 15-18.7-104, amend
569-(5) as follows:
570-15-18.7-104. Duty to comply with medical orders for scope of
571-treatment form - immunity - effect on criminal charges against another
572-person - transferability. (5) An adult's physician, advanced practice
573-registered nurse, or if under the supervision of the physician,
574- physician
575-assistant may provide an oral confirmation to a health-care provider who
576-shall annotate on the medical orders for scope of treatment form the time
577-and date of the oral confirmation and the name and license number of the
578-PAGE 14-SENATE BILL 23-083 physician, advanced practice registered nurse, or physician assistant. The
579-physician, advanced practice registered nurse, or physician assistant shall
580-countersign the annotation of the oral confirmation on the medical orders
581-for scope of treatment form within a time period that satisfies any applicable
582-state law or within thirty days, whichever period is less, after providing the
583-oral confirmation. The signature of the physician, advanced practice
584-registered nurse, or physician assistant may be provided by photocopy, fax,
585-or electronic means. A medical orders for scope of treatment form with
586-annotated oral confirmation, and a photocopy, fax, or other electronic
587-reproduction thereof
588- OF THE FORM, shall be given the same force and effect
589-as the original form signed by the physician, advanced practice registered
590-nurse, or physician assistant.
591-SECTION 13. In Colorado Revised Statutes, 23-21-803, amend (6)
592-as follows:
593-23-21-803. Definitions. As used in this part 8, unless the context
594-otherwise requires:
595-(6) "Physician assistant" means a person licensed as a physician
596-assistant by the Colorado medical board in accordance with section
597-12-240-113 who is authorized, in accordance with section 12-240-107 (6),
598-to perform acts constituting the practice of medicine, including prescribing
599-controlled substances. and who is under the supervision of a physician
600-trained in MAT.
601-SECTION 14. Act subject to petition - effective date. This act
602-takes effect at 12:01 a.m. on the day following the expiration of the
603-ninety-day period after final adjournment of the general assembly; except
604-that, if a referendum petition is filed pursuant to section 1 (3) of article V
605-of the state constitution against this act or an item, section, or part of this act
606-within such period, then the act, item, section, or part will not take effect
607-unless approved by the people at the general election to be held in
608-PAGE 15-SENATE BILL 23-083 November 2024 and, in such case, will take effect on the date of the official
609-declaration of the vote thereon by the governor.
610-____________________________ ____________________________
611-Steve Fenberg Julie McCluskie
612-PRESIDENT OF SPEAKER OF THE HOUSE
613-THE SENATE OF REPRESENTATIVES
614-____________________________ ____________________________
615-Cindi L. Markwell Robin Jones
616-SECRETARY OF CHIEF CLERK OF THE HOUSE
617-THE SENATE OF REPRESENTATIVES
618- APPROVED________________________________________
619- (Date and Time)
620- _________________________________________
621- Jared S. Polis
622- GOVERNOR OF THE STATE OF COLORADO
623-PAGE 16-SENATE BILL 23-083
486+ ENTER INTO A25
487+COLLABORATIVE AGREEMENT WITH physician assistants as provided by26
488+section 12-240-107 (6) DESCRIBED IN SECTIONS 12-240-107 (6) AND27
489+083
490+-15- 12-240-114.5.1
491+SECTION 6. In Colorado Revised Statutes, 12-280-103, amend2
492+(39)(c)(II)(B) as follows:3
493+12-280-103. Definitions - rules. As used in this article 280, unless4
494+the context otherwise requires or the term is otherwise defined in another5
495+part of this article 280:6
496+(39) "Practice of pharmacy" means:7
497+(c) The provision of a therapeutic interchange selection or a8
498+therapeutically equivalent selection to a patient if, during the patient's stay9
499+at a nursing care facility or a long-term acute care hospital licensed under10
500+part 1 of article 3 of title 25, the selection has been approved for the11
501+patient:12
502+(II) By one of the following health-care providers:13
503+(B) A physician assistant licensed under section 12-240-113; if the14
504+physician assistant is under the supervision of a licensed physician; or15
505+SECTION 7. In Colorado Revised Statutes, 12-280-502, amend16
506+(1)(b)(II) as follows:17
507+12-280-502. Therapeutic interchange and therapeutically18
508+equivalent selections for nursing care facility or long-term acute care19
509+hospital patients - rules. (1) A pharmacy used by a nursing care facility20
510+or a long-term acute care hospital licensed under part 1 of article 3 of title21
511+25 may make a therapeutic interchange or a therapeutically equivalent22
512+selection for a patient if, during the patient's stay at the facility, the23
513+selection has been approved for the patient:24
514+(b) By one of the following health-care providers:25
515+(II) A physician assistant licensed under section 12-240-113; if the26
516+physician assistant is under the supervision of a licensed physician; or27
517+083
518+-16- SECTION 8. In Colorado Revised Statutes, 12-290-110, amend1
519+(5) as follows:2
520+12-290-110. Podiatry training license. (5) A person with a3
521+podiatric training license shall only practice podiatry ONLY under the4
522+supervision of a licensed podiatrist or a physician licensed to practice5
523+medicine within the residency program. A person with a podiatry training6
524+license shall not delegate podiatric or medical services to a person who7
525+is not licensed to practice podiatry or medicine and shall not have the8
526+authority to supervise COLLABORATE WITH physician assistants.9
527+SECTION 9. In Colorado Revised Statutes, amend 12-290-11710
528+as follows:11
529+12-290-117. Use of physician assistants - collaboration12
530+requirements - affidavits of practice experience - rules - definitions.13
531+(1) A person licensed under the laws of this state to practice podiatry may14
532+delegate to a physician assistant licensed by the Colorado medical board15
533+pursuant to section 12-240-113 the authority to A PHYSICIAN ASSISTANT16
534+LICENSED PURSUANT TO ARTICLE 240 OF THIS TITLE 12 MAY perform acts17
535+that constitute the practice of podiatry to the extent and in the manner18
536+authorized by rules promulgated by the Colorado podiatry board. The acts19
537+shall be consistent with sound practices of podiatry. Each prescription for20
538+a controlled substance, as defined in section 18-18-102 (5), issued by a21
539+physician assistant must have the name of the physician assistant's22
540+supervising podiatrist printed on the prescription. For all other ALL23
541+prescriptions issued by a physician assistant
542+MUST INCLUDE THE24
543+PHYSICIAN ASSISTANT'S NAME, the name and address of the health facility,25
544+and, if the health facility is a multi-speciality
545+ MULTISPECIALTY26
546+organization, the name and address of the speciality SPECIALTY clinic27
547+083
548+-17- within the health facility where the physician assistant is practicing. must1
549+be imprinted on the prescription. Nothing in this section limits the ability2
550+of otherwise licensed health personnel to perform delegated acts. The3
551+dispensing of prescription medication by a physician assistant is subject4
552+to section 12-280-120 (6).5
553+(2) If the authority to perform an act is delegated pursuant to6
554+subsection (1) of this section, the act shall not be performed except under7
555+the personal and responsible direction and supervision of a person8
556+licensed under the laws of this state to practice podiatry, and the person9
557+shall not be responsible for the direction and supervision of more than10
558+four physician assistants at any one time without specific approval of the11
559+Colorado podiatry board. The board may define appropriate direction and12
560+supervision pursuant to rules PRIOR TO PRACTICING PODIATRY , A13
561+PHYSICIAN ASSISTANT MUST ENTER INTO A COLLABORATIVE AGREEMENT14
562+WITH A LICENSED PODIATRIST.15
563+(3) The provisions of sections 12-240-107 (6), and 12-240-113,16
564+AND 12-240-114.5 governing physician assistants under the "Colorado17
565+Medical Practice Act" shall apply to physician assistants under this18
566+section.19
567+SECTION 10. In Colorado Revised Statutes, 13-64-301, amend20
568+(1) introductory portion as follows:21
569+13-64-301. Financial responsibility. (1) As a condition of active22
570+licensure or authority to practice in this state, every physician, dentist,23
571+dental therapist, or dental hygienist; every physician assistant; who has24
572+been practicing for at least three years; and every health-care institution25
573+as defined in section 13-64-202, except as provided in section26
574+13-64-303.5, that provides health-care services shall establish financial27
575+083
576+-18- responsibility, as follows:1
577+SECTION 11. In Colorado Revised Statutes, 15-18.7-103,2
578+amend (1) introductory portion and (1)(i) as follows:3
579+15-18.7-103. Medical orders for scope of treatment forms -4
580+form contents. (1) A medical orders for scope of treatment form shall5
581+MUST include the following information concerning the adult whose6
582+medical treatment is the subject of the medical orders for scope of7
583+treatment form:8
584+(i) The signature of the adult's physician, advanced practice9
585+registered nurse, or if under the supervision or authority of the physician,10
586+physician assistant.11
587+SECTION 12. In Colorado Revised Statutes, 15-18.7-104,12
588+amend (5) as follows:13
589+15-18.7-104. Duty to comply with medical orders for scope of14
590+treatment form - immunity - effect on criminal charges against15
591+another person - transferability. (5) An adult's physician, advanced16
592+practice registered nurse, or if under the supervision of the physician,17
593+physician assistant may provide an oral confirmation to a health-care18
594+provider who shall annotate on the medical orders for scope of treatment19
595+form the time and date of the oral confirmation and the name and license20
596+number of the physician, advanced practice registered nurse, or physician21
597+assistant. The physician, advanced practice registered nurse, or physician22
598+assistant shall countersign the annotation of the oral confirmation on the23
599+medical orders for scope of treatment form within a time period that24
600+satisfies any applicable state law or within thirty days, whichever period25
601+is less, after providing the oral confirmation. The signature of the26
602+physician, advanced practice registered nurse, or physician assistant may27
603+083
604+-19- be provided by photocopy, fax, or electronic means. A medical orders for1
605+scope of treatment form with annotated oral confirmation, and a2
606+photocopy, fax, or other electronic reproduction thereof OF THE FORM,3
607+shall be given the same force and effect as the original form signed by the4
608+physician, advanced practice registered nurse, or physician assistant.5
609+SECTION 13. In Colorado Revised Statutes, 23-21-803, amend6
610+(6) as follows:7
611+23-21-803. Definitions. As used in this part 8, unless the context8
612+otherwise requires:9
613+(6) "Physician assistant" means a person licensed as a physician10
614+assistant by the Colorado medical board in accordance with section11
615+12-240-113 who is authorized, in accordance with section 12-240-10712
616+(6), to perform acts constituting the practice of medicine, including13
617+prescribing controlled substances. and who is under the supervision of a14
618+physician trained in MAT.15
619+SECTION 14. Act subject to petition - effective date. This act16
620+takes effect at 12:01 a.m. on the day following the expiration of the17
621+ninety-day period after final adjournment of the general assembly; except18
622+that, if a referendum petition is filed pursuant to section 1 (3) of article V19
623+of the state constitution against this act or an item, section, or part of this20
624+act within such period, then the act, item, section, or part will not take21
625+effect unless approved by the people at the general election to be held in22
626+November 2024 and, in such case, will take effect on the date of the23
627+official declaration of the vote thereon by the governor.24
628+083
629+-20-