Louisiana 2020 2020 Regular Session

Louisiana House Bill HB702 Comm Sub / Analysis

                    DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part of the
legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
HB 702 Original	2020 Regular Session	Bagley
Abstract:  Provides for physician assistants who oversee the duties of a licensed practical nurse and
for physician assistants to collaborate with physicians. 
Present law provides that a licensed practical nurse shall administer their job duties under the
direction of a licensed physician, optometrist, or dentist acting individually or in his capacity as a
member of the medical staff or registered nurse. 
Proposed law retains present law and adds physician assistant as an individual who may provide
direction to a licensed practical nurse to perform their necessary duties. 
Present law provides that physician assistants are healthcare professionals licensed by the La. State
Board of Medical Examiners (board) to provide healthcare services at the direction and supervision
of a physician or a group of physicians approved by the board as a supervising physician. 
Proposed law modifies present law and adds that physician assistants provide health services in a
collaboration with a physician or a group of physicians approved by the board. 
Present law provides that present law's intent is to encourage and permit the utilization of physician
assistants by physicians and assist in the development of the physician assistant profession and allow
for innovative developments of programs for the education of physician assistants. Further provides
that present law is created to provide a system of licensing physician assistants and regulate their
relationship with supervising physicians to ensure high quality service is delivered to patients. 
Proposed law deletes references to supervising physicians; otherwise retains present law and adds
that physicians shall collaborate with physician assistants to help with the development of the
physician assistant profession and assuring a high quality of service is delivered to patients.
Present law defines physician as a person who is licensed to practice medicine in this state. 
Proposed law changes present law and defines physician or collaborating physician as a person who
is licensed to practice medicine in this state and who has been approved by the board to collaborate
with a physician assistant or group of physicians.
Present law defines physician assistant as a health professional qualified by academic and clinical
education and licensed by the board to provide healthcare services at the direction and supervision
of a physician or group of physicians who are approved by the board as a supervising physician.  Proposed law modifies present law to provide that the physician assistant shall furnish healthcare
services in a collaboration with a physician or group of physicians approved by the board. 
Present law defines supervision to mean responsible direction and control with the supervising
physician assuming legal liability for the services rendered by the physician assistant in the course
and scope of the physician's employment. Further provides that the supervising physician and
physician assistant shall be in contact with each other to provide informed concurrence of the action
of a physician assistant. The level of supervision shall be at the physician and physician assistant
level and shall be documented and reviewed annually to reflect the acuity of the patient care and
nature of the procedure. 
Proposed law deletes present law and defines collaboration to mean the physician assistant shall
consult with the collaborating physician, or refer to the appropriate physician or healthcare
profession in consideration of the patient's condition, the education, competencies and experience
of the physician assistant, and the appropriate standard of care. Further provides that the physician
and physician assistant shall be in contact with each other at all times. Proposed law also provides
that the collaboration between the physician and physician assistant shall be documented and
reviewed annually.
Present law provides for the powers and duties of the board to make rules and regulations pertaining
to the approval and regulation of physician assistants and the approval and regulation of physicians
applying to become supervising physicians. 
Proposed law retains present law and adds that the board shall regulate those physicians applying to
collaborate with physician assistants.
Present law provides that the board shall have the authority to approve or reject an application by
a licensed physician or physicians to act as a supervising physician. Further provides that the board
shall make and enforce orders, rules, and regulations for physician assistant licenses and for the
revocation or suspension of approving supervising physicians.
Proposed law changes present law and adds that the board shall have authority to approve or reject
an application by a licensed physician or physicians to collaborate with a physician and enforce
orders, rules, and regulation of approving a physician assistant license and for the revocation and
suspension of physicians. 
Present law provides that a supervising physician may be the primarily supervising physician for up
to eight physician assistants. Further provides that a physician assistant may be employed by a group
practice, partnership of physicians, or a professional medical corporation authorized by present law
as long as physician assistants are supervised by a physician.
Proposed law deletes references to supervising physicians; otherwise retains present law and adds
that a physician may collaborate with a physician assistant and may do so for up to eight physician
assistants. Further provides that the physician assistants shall be collaborating with a board approved
collaborating physician. Present law provides that supervision of a physician assistant shall be continuous but does not
require the physical presence of the physician at all times. 
Proposed law retains present law and changes supervision of a physician to collaboration with a
physician assistant. 
Present law provides for qualifications and registration by the board to be a supervising physician
of a physician assistant. 
Proposed law changes present law and adds that the qualifications and registration by the board are
required to collaborate with a physician assistant. 
Present law provides that a physician assistant shall notify the board of any change in or additions
to his supervising physicians within 15 days of the date of such change or addition. 
Proposed law changes present law and adds that any change or additions shall be those of the
collaborating physicians.
Present law provides that a physician assistant performs medical services and may prescribe, order,
and administer drugs under the supervision of a supervising physician. Further provides that the level
of supervision shall be at the physician and physician assistant level. Proposed law also provides that
the physician assistant may provide medication-assisted treatment authorized by the United States
Department of Health and Human Services and the supervising physician shall authorize in
compliance with federal law.
Proposed law deletes references to supervising physicians; otherwise retains present law and adds
that the physician assistant shall perform such medical services pursuant to present law in
collaboration with the physician. Further provides that the collaborating physician shall authorize
the physician assistant to provide medication-assisted treatment in compliance with federal law.
Present law provides that a physician supervised by a physician or healthcare organization, shall be
supervised by and be the legal responsibility of the supervising physician or healthcare organization. 
Proposed law deletes present law and provides that the legal responsibility for the physician
assistants patient care activities, including care and treatment that is provided in healthcare facilities,
shall be that of the physician assistant. Further provides that a physician assistant shall not represent
that he is qualified to provide medical or surgical care that he knows or reasonable believes is not
with his scope of care or prohibited by law.
(Amends R.S. 37:961(4), 1360.21(B) and (D), 1360.22(4), (5), and (8), 1360.23(A), (C), (D), and
(G), 1360.28(A) and (B)(intro. para.) and (3), 1360.29(A)(intro. para.), (2)-(4), and (B), 1360.30(B),
1360.31(A), (B), (C)(1), (2)(a)(iii) and (iv), (4) and (D), and 1360.32; Repeals R.S. 37:1360.22(7),
1360.23(I), and 1360.24(C) and (D))