Kentucky 2024 2024 Regular Session

Kentucky House Bill HB361 Introduced / Bill

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AN ACT relating to physician assistants. 1 
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 
Section 1.   KRS 311.530 is amended to read as follows: 3 
(1) There is hereby created in state government an independent board to be known as 4 
the State Board of Medical Licensure which shall exercise all medical and 5 
osteopathic licensure functions heretofore exercised by the State Board of Health. 6 
The offices of the board shall be maintained at such place as is designated by the 7 
board. 8 
(2) The board shall consist of sixteen[fifteen] (16)[(15)] members, including the 9 
commissioner of public health, the dean of the University of Kentucky College of 10 
Medicine, the vice dean for clinical affairs of the University of Louisville School of 11 
Medicine, the dean of the University of Pikeville College[School] of Osteopathic 12 
Medicine, the chair of the Physician Assistant Advisory Committee established 13 
pursuant to Section 2 of this Act who shall serve as an ex officio nonvoting 14 
member, and eleven (11) members appointed by the Governor. 15 
(3) Of the Governor's appointees: 16 
(a) One (1) member shall be a licensed osteopathic physician and shall be 17 
appointed from a list of three (3) names submitted by the Kentucky 18 
Osteopathic Medical Association; 19 
(b) Seven (7) members shall be licensed medical physicians and shall be 20 
appointed from a list of three (3) names submitted for each position by the 21 
Kentucky Medical Association; and 22 
(c) Three (3) members shall be citizens at large who are representatives of any 23 
recognized consumer advocacy groups with an interest in the delivery of 24 
health care and are not associated with or financially interested in the practice 25 
or business regulated. 26 
Section 2.   KRS 311.842 is amended to read as follows: 27  UNOFFICIAL COPY  	24 RS BR 1074 
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(1) The board shall promulgate administrative regulations in accordance with KRS 1 
Chapter 13A relating to the licensing and regulation of physician assistants, 2 
including but not limited to: 3 
(a) Temporary licensing; 4 
(b) Professional standards for prescribing and administering controlled 5 
substances; and 6 
(c) Professional standards for prescribing or administering Buprenorphine-Mono-7 
Product or Buprenorphine-Combined-with-Naloxone. 8 
(2) The board shall establish a nine (9) member Physician Assistant Advisory 9 
Committee that shall review and make recommendations to the board regarding all 10 
matters relating to physician assistants that come before the board, including but not 11 
limited to: 12 
(a) Applications for physician assistant licensing; 13 
(b) Licensing renewal requirements; 14 
(c) Approval of supervising physicians; 15 
(d) Disciplinary actions; and 16 
(e) Promulgation and revision of administrative regulations. 17 
(3) Members of the Physician Assistant Advisory Committee shall be appointed by the 18 
board for four (4) year terms and shall consist of: 19 
(a) Five (5) practicing physician assistants, each selected from a list of three (3) 20 
names submitted for each position by the Kentucky Academy of Physician 21 
Assistants; 22 
(b) Two (2) supervising physicians; 23 
(c) One (1) member of the board; and 24 
(d) One (1) citizen at large. 25 
(4) The chairperson of the committee shall be a practicing physician assistant elected 26 
by a majority vote of the committee members and shall be responsible for presiding 27  UNOFFICIAL COPY  	24 RS BR 1074 
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over meetings that shall be held on a regular basis. 1 
(5) Members shall receive reimbursement for expenditures relating to attendance at 2 
committee meetings consistent with state policies for reimbursement of travel 3 
expenses for state employees. 4 
(6) Members shall not serve more than two (2) consecutive terms. 5 
(7)[(6)] Nothing in this chapter shall be construed to require licensing of a physician 6 
assistant student enrolled in a physician assistant or surgeon assistant program 7 
accredited by the Accreditation Review Commission on Education for Physician 8 
Assistants or its successor agencies or of a physician assistant employed in the 9 
service of the federal government while performing duties relating to that 10 
employment. 11 
Section 3.   KRS 311.854 is amended to read as follows: 12 
(1) A physician shall not supervise a physician assistant without approval of the board. 13 
Failure to obtain board approval as a supervising physician or failure to comply 14 
with the requirements of KRS 311.840 to 311.862 or related administrative 15 
regulations shall be considered unprofessional conduct and shall be subject to 16 
disciplinary action by the board that may include revocation, suspension, 17 
restriction, or placing on probation the supervising physician's right to supervise a 18 
physician assistant. 19 
(2) To be approved by the board as a supervising physician, a physician shall: 20 
(a) Be currently licensed and in good standing with the board; 21 
(b) Maintain a practice primarily within this Commonwealth. The board in its 22 
discretion may modify or waive this requirement; 23 
(c) Submit a completed application and the required fee to the board. The 24 
application shall include but is not limited to: 25 
1. A description of the nature of the physician's practice; 26 
2. A statement of assurance by the supervising physician that the scope of 27  UNOFFICIAL COPY  	24 RS BR 1074 
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medical services and procedures described in the application or in any 1 
supplemental information shall not exceed the normal scope of practice 2 
of the supervising physician; 3 
3. A description of the means by which the physician shall maintain 4 
communication with the physician assistant when they are not in the 5 
same physical location; 6 
[4. The name, address, and area of practice of one (1) or more physicians 7 
who agree in writing to accept responsibility for supervising the 8 
physician assistant in the absence of the supervising physician;] 9 
4[5]. A description of the scope of medical services and procedures to be 10 
performed by the physician assistant for which the physician assistant 11 
has been trained in an approved program; and 12 
5[6]. An outline of the specific parameters for review of countersignatures. 13 
(3) Prior to a physician assistant performing any service or procedure beyond those 14 
described in the initial application submitted to the board under subsection (2)(c) of 15 
this section, the supervising physician shall supplement that application with 16 
information that includes but is not limited to: 17 
(a) A description of the additional service or procedure; 18 
(b) A description of the physician assistant's education, training, experience, and 19 
institutional credentialing; 20 
(c) A description of the level of supervision to be provided for the additional 21 
service or procedure; 22 
(d) The location or locations where the additional service or procedure will be 23 
provided; and 24 
(e) Any changes to the specific parameters for review of countersignatures. 25 
 The initial and supplemental applications required under this section may be 26 
submitted to the board at the same time. 27  UNOFFICIAL COPY  	24 RS BR 1074 
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(4) A physician who has been supervising a physician assistant prior to July 15, 2002, 1 
may continue supervision and the physician assistant may continue to perform all 2 
medical services and procedures that were provided by the physician assistant prior 3 
to July 15, 2002. The supervising physician shall submit the initial application and 4 
any supplemental application as required in this section by October 15, 2002. 5 
(5) A physician may enter into supervision agreements with no more than four (4) 6 
physician assistants and shall not supervise more than four (4) physician assistants 7 
at any one (1) time. Application for board approval to be a supervising physician 8 
shall be obtained individually for each physician assistant. 9 
(6) The board may impose restrictions on the scope of practice of a physician assistant 10 
or on the methods of supervision by the supervising physician upon consideration 11 
of recommendations of the Physician Assistant Advisory Committee established in 12 
KRS 311.842 after providing the applicant with reasonable notice of its intended 13 
action and after providing a reasonable opportunity to be heard. 14 
Section 4.   KRS 311.844 is amended to read as follows: 15 
(1) To be licensed by the board as a physician assistant, an applicant shall: 16 
(a) Submit a completed application form with the required fee; 17 
(b) Be of good character and reputation; 18 
(c) Be a graduate of an approved program; and 19 
(d) Have passed an examination approved by the board within three (3) attempts. 20 
(2) A physician assistant who is authorized to practice in another state and who is in 21 
good standing may apply for licensure by endorsement from the state of his or her 22 
credentialing if that state has standards substantially equivalent to those of this 23 
Commonwealth. 24 
(3) A physician assistant's license shall be valid for two (2) years and shall be renewed 25 
by the board upon fulfillment of the following requirements: 26 
(a) The holder shall be of good character and reputation; 27  UNOFFICIAL COPY  	24 RS BR 1074 
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(b) The holder shall provide evidence of completion, during the previous two (2) 1 
years, of a minimum of one hundred (100) hours of continuing education 2 
approved by the American Medical Association, the American Osteopathic 3 
Association, the American Academy of Family Physicians, the American 4 
Academy of Physician Assistants, or by another entity approved by the board. 5 
The one hundred (100) hours of continuing education required by this 6 
paragraph shall include: 7 
1. During the first two (2) years of licensure or prior to the first licensure 8 
renewal, one[: 9 
a. One (1) continuing education course on the human immunodeficiency 10 
virus and acquired immunodeficiency syndrome; and 11 
b. One] and one-half (1.5) hours of continuing education in the prevention 12 
and recognition of pediatric abusive head trauma, as defined in KRS 13 
620.020, except that graduating physician assistant students may apply 14 
pediatric abusive head trauma curriculum taught in their physician 15 
assistant graduate education to count towards the required one and 16 
one-half (1.5) hours; and 17 
2. If the license holder is authorized, pursuant to KRS 311.858(5), to 18 
prescribe and administer Schedule III, IV, or V controlled substances, a 19 
minimum of seven and one-half (7.5) hours of approved continuing 20 
education relating to controlled substance diversion, pain management, 21 
addiction disorders, use of the electronic system for monitoring 22 
controlled substances established in KRS 218A.202, or any combination 23 
of two (2) or more of these subjects; and 24 
(c) The holder shall provide proof of current certification with the National 25 
Commission on Certification of Physician Assistants. 26