Louisiana 2021 2021 Regular Session

Louisiana House Bill HB442 Introduced / Bill

                    HLS 21RS-728	ORIGINAL
2021 Regular Session
HOUSE BILL NO. 442
BY REPRESENTATIVE BAGLEY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PHYSICIAN ASSISTANTS:  Provides relative to the licensed profession of physician
assistant
1	AN ACT
2To amend and reenact R.S. 17:500(B)(1), 1201(A)(2), and 1206(A)(1) and R.S. 37:1360.21,
3 1360.22(1), (3), and (5), 1360.23(A), (B), and (D), 1360.24(A)(introductory
4 paragraph) and (3) through (5) and (B), 1360.26, 1360.27(A)(introductory
5 paragraph) and (B), 1360.30, 1360.32, 1360.33(introductory paragraph), (5), and (6),
6 1360.34(introductory paragraph), (4), and (5), 1360.35, 1360.36, 1360.37(C), and
7 1360.38, to enact R.S. 37:1360.22(10) and 1360.31.1, and to repeal R.S.
8 37:1360.22(6) through (9), 1360.23(C), (F), (G), and (I), 1360.24(C) and (D),
9 1360.28, 1360.29, and 1360.31, relative to physician assistants; to provide for
10 legislative intent; to provide for definitions; to provide for powers and duties of the
11 Louisiana State Board of Medical Examiners with respect to physician assistants; to
12 provide relative to licensure of physician assistants; to provide for services that
13 physician assistants are authorized to perform; to provide for the scope of practice
14 of physician assistants; to provide for physician assistant practice agreements; to
15 provide relative to professional liability of physician assistants; to repeal laws
16 requiring supervision of physician assistants by licensed physicians; to repeal laws
17 pertaining to supervising physicians; to make technical changes; and to provide for
18 related matters.
19Be it enacted by the Legislature of Louisiana:
Page 1 of 16
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-728	ORIGINAL
HB NO. 442
1 Section 1.  R.S. 17:500(B)(1), 1201(A)(2), and 1206(A)(1) are hereby amended and
2reenacted to read as follows:
3 §500.  Sick leave for school bus operators; minimum pay for substitute
4	*          *          *
5	B.(1)  All school bus operators employed by the parish and the city school
6 boards of this state shall be entitled to and shall be allowed a minimum of ten days
7 absence per school year because of personal illness or because of other emergencies,
8 without loss of pay.  Such sick leave when not used in any year shall be accumulated
9 to the credit of the school bus operator without limitation.  Provided that when a
10 school bus operator is absent for six or more consecutive days because of personal
11 illness, he shall be required to present a certificate from a physician, physician
12 assistant providing health care services in accordance with R.S. 37:1360.28 R.S.
13 37:1360.21 et seq., or nurse practitioner providing health care services in accordance
14 with R.S. 37:913 certifying such illness; provided, further, that the parish and city
15 school boards are authorized to adopt such rules and regulations as are necessary
16 relative to the use of such sick leave, either current or accumulated, for emergencies. 
17 The parish and city school boards may grant additional sick leave, without loss of
18 pay, or with such reduction of pay as they may establish and fix.
19	*          *          *
20 §1201.  Amount of sick leave; reimbursement; injury on the job
21	A.
22	*          *          *
23	(2)  When a member of the teaching staff is absent for six or more
24 consecutive days because of personal illness, he shall be required to present a
25 certificate from a physician, physician assistant providing health care services in
26 accordance with R.S. 37:1360.28 R.S. 37:1360.21 et seq., or nurse practitioner
27 providing health care services in accordance with R.S. 37:913 certifying such illness. 
28 Each parish and city school board may adopt such rules and regulations as are
29 necessary relative to the use of such sick leave, either current or accumulated, for
Page 2 of 16
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-728	ORIGINAL
HB NO. 442
1 emergencies.  The parish and city school boards may grant additional sick leave,
2 without loss of pay, or with such reduction of pay as they may establish and fix.
3	*          *          *
4 §1206.  Ten days sick leave for employees; cumulation of unused sick leave
5	A.(1)  All such employees, as defined in R.S. 17:1205, shall be entitled to and
6 shall be allowed a minimum of ten days leave of absence as sick leave or in case of
7 other emergencies, per school year, without loss of pay.  Any portion of such sick
8 leave not used in any year shall be accumulated to the credit of the employee without
9 limitation.  When such employee is absent for six or more consecutive days because
10 of personal illness, he shall be required to present a certificate from a physician,
11 physician assistant providing health care services in accordance with R.S.
12 37:1360.28 R.S. 37:1360.21 et seq., or nurse practitioner providing health care
13 services in accordance with R.S. 37:913 certifying such illness.  Each parish and city
14 school board may adopt such rules and regulations as are necessary relative to the
15 use of such sick leave, either current or accumulated, for emergencies.  The parish
16 and city school boards may grant additional sick leave, without loss of pay, or with
17 such reduction of pay as they may establish and fix.
18	*          *          *
19 Section 2.  R.S. 37:1360.21, 1360.22(1), (3), and (5), 1360.23(A), (B), and (D),
201360.24(A)(introductory paragraph) and (3) through (5) and (B), 1360.26,
211360.27(A)(introductory paragraph) and (B), 1360.30, 1360.32, 1360.33(introductory
22paragraph), (5), and (6), 1360.34(introductory paragraph), (4), and (5), 1360.35, 1360.36,
231360.37(C), and 1360.38 are hereby amended and reenacted and R.S. 37:1360.22(10) and
241360.31.1 are hereby enacted to read as follows: 
25 §1360.21.  Legislative intent
26	A. Shortages of all skilled health personnel, particularly in rural and urban
27 medically underserved areas and in the field of primary care medicine, new scientific
28 and technological developments, and new methods of organizing health services
29 have made the question of new uses for allied health personnel the critical issue to
Page 3 of 16
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-728	ORIGINAL
HB NO. 442
1 be resolved if our supply of health manpower is to be used effectively and
2 productively. In its concern with the growing shortage and geographic
3 maldistribution of health care services in Louisiana, the rising cost of health care
4 services in the state and nationally, and the need for primary health care by
5 thousands of Louisiana citizens, the legislature intends to modernize the laws
6 governing physician assistant practice.
7	B. Physician assistants are health care professionals qualified by academic
8 and clinical education and licensed by the Louisiana State Board of Medical
9 Examiners to provide health care services at the direction and under the supervision
10 of a physician or a group of physicians approved by the board as a supervising
11 physician.
12	C. It is the intent of this Part to permit the more effective utilization of the
13 skills of physicians, particularly in the primary care setting, by enabling them to
14 delegate medical services to qualified physician assistants when such delegation is
15 consistent with the patient's health and welfare.
16	D. It is the intent of this Part to encourage and permit the utilization of
17 physician assistants by physicians and assist in the development of the physician
18 assistant profession and allow for innovative developments of programs for the
19 education of physician assistants. It is also the purpose of this Part to provide for a
20 system of licensing physician assistants and regulating their relationship with
21 supervising physicians so that a high quality of service is assured.
22	A.  In its concern with the growing shortage of healthcare professionals and
23 geographic maldistribution of healthcare services in Louisiana, the rising cost of
24 health care in the state and nationally, and the need for access to health care by
25 thousands of Louisiana citizens, the legislature intends to modernize the laws
26 governing physician assistant practice.
27	B.  Physician assistants are healthcare professionals qualified by academic
28 and clinical education and competencies who are licensed by the Louisiana State
Page 4 of 16
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-728	ORIGINAL
HB NO. 442
1 Board of Medical Examiners to provide healthcare services to the citizens of
2 Louisiana.
3	C.  It is also the purpose of this Part to provide for a system of licensing
4 physician assistants so that a high quality of care is assured.
5 §1360.22.  Definitions
6	As used in this Part:
7	(1)  "Approved program" means a program for the education and training of
8 physician assistants which has been formally approved by the Committee on Allied
9 Health Education and Accreditation Accreditation Review Commission on Education
10 for the Physician Assistant, its predecessors, or its successors.
11	*          *          *
12	(3)  "Health care Healthcare organization or entity" means any entity or
13 organization providing health care services which is licensed or regulated under Title
14 40 of the Louisiana Revised Statutes of 1950 or regulations promulgated by the
15 Louisiana Department of Health. "Health care Healthcare organization or entity"
16 shall also mean an entity commonly referred to as a physician-hospital organization
17 or other similar entity.
18	*          *          *
19	(5)  "Physician assistant" means and "PA" mean a health professional
20 qualified by academic and clinical education, experience, and competencies who is
21 and licensed by the Louisiana State Board of Medical Examiners to provide health
22 care services at the direction and under the supervision of a physician or a group of
23 physicians approved by the board as a supervising physician. healthcare services to
24 the residents of Louisiana, and who has passed the PA national certifying
25 examination administered by the National Commission on Certification of Physician
26 Assistants or its successors.  A PA who has passed the requisite certifying
27 examination may use the title "physician assistant-certified" and "PA-C".
28	*          *          *
Page 5 of 16
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-728	ORIGINAL
HB NO. 442
1	(10)  "Practice agreement" means the agreement between the practice site and
2 the PA as to the approved functions of the PA.
3 §1360.23.  Powers and duties of the board
4	A.  The board shall have and exercise all powers and duties previously
5 granted to it, subject to the provisions of Title 36 of the Louisiana Revised Statutes
6 of 1950.  The powers and authority granted to the board by this Part shall be subject
7 to the provisions of Title 36 of the Louisiana Revised Statutes of 1950, and
8 particularly R.S. 36:259(A) and 803.  Except as otherwise provided by this Part, the
9 board shall also have the power, in consultation with the Physician Assistants
10 Advisory Committee, to make rules and regulations pertaining to the approval and
11 regulation of physician assistants and the approval and regulation of physicians
12 applying to become supervising physicians PAs.
13	B.  The board shall have the authority to approve or reject an application for
14 licensure as a physician assistant PA in consultation with the Physician Assistants
15 Advisory Committee.  Licensure shall be valid for no more than one year but may
16 be renewed annually.
17	*          *          *
18	D.  The board shall make and enforce orders, rules, and regulations for the
19 revocation or suspension of approval of licensure to act as a physician assistant, and
20 for the revocation and suspension of approval of supervising physicians PA in
21 consultation with the Physician Assistants Advisory Committee.
22	*          *          *
23 §1360.24.  Licensure
24	A.  Except as otherwise provided for in this Part, an individual shall be
25 licensed by the board before the individual may practice as a physician assistant PA. 
26 The board may grant a license to a physician assistant PA applicant who:
27	*          *          *
28	(3)  Has successfully completed an education program for physician
29 assistants accredited by the Committee on Allied Health Education and
Page 6 of 16
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-728	ORIGINAL
HB NO. 442
1 Accreditation, its predecessors, or its successors at an approved program and who
2 has passed the physician assistant PA national certifying examination administered
3 by the National Commission on Certification of Physicians' Physician Assistants or
4 its successors.
5	(4)  Certifies that he is mentally and physically able to engage in practice as
6 a physician assistant PA.
7	(5)  Has no licensure, certification, or registration as a physician assistant PA
8 in any jurisdiction under current discipline, revocation, suspension, or probation for
9 cause resulting from the applicant's practice as a physician assistant PA, unless the
10 board considers such condition and agrees to licensure.
11	*          *          *
12	B.  A personal interview of a physician assistant PA applicant shall be
13 required only in those cases where the assistant is making his first application before
14 the board and where discrepancies exist in the application or the applicant has been
15 subject to prior adverse licensure, certification, or registration action.
16	*          *          *
17 §1360.26.  Inactive license
18	Any physician assistant PA who notifies the board in writing on forms
19 prescribed by the board may elect to place his licensure on an inactive status.  A
20 physician assistant PA with an inactive status license shall be excused from payment
21 of renewal fees and shall not practice as a physician assistant PA.  Any licensee who
22 engages in practice while his or her license is lapsed or on inactive status shall be
23 considered to be practicing without a license, which shall be grounds for discipline
24 under R.S. 37:1360.34.  A physician assistant PA requesting restoration to active
25 status from inactive status shall be required to pay the current renewal fees and shall
26 be required to meet the criteria for renewal as provided for in R.S. 37:1360.27.
Page 7 of 16
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-728	ORIGINAL
HB NO. 442
1 §1360.27.  Renewal 
2	A.  Each person who holds a license as a physician assistant PA in this state
3 shall, upon notification from the board, renew said his license by:
4	*          *          *
5	B.  A physician assistant PA seeking licensure renewal will not be required
6 to make a personal appearance before the board, unless the assistant he is currently
7 engaged in a licensure revocation or discipline proceeding.
8 §1360.30.  Notification of intent to practice 
9	A.  A physician assistant A PA licensed in this state, prior to initiating
10 practice, shall submit, on forms approved by the board, notification of such intent to
11 practice.  Such notification shall include:
12	(1)  The name, business address, and telephone number of the supervising
13 physician.
14	(2)  The name, business address, and telephone number of the physician
15 assistant.
16	B.  A physician assistant shall notify the board of any changes in or additions
17 to his supervising physicians within fifteen days of the date of such change or
18 addition. the name, business address, and telephone number of each practice location
19 of the PA.
20 §1360.31.1.  Services performed by physician assistants
21	A.  A PA is a healthcare professional qualified by academic and clinical
22 training, experience, and competencies to provide healthcare services, including
23 diagnostic services, the development and management of treatment plans,
24 prescribing medications, and often providing primary health care in collaboration
25 with physicians and other healthcare providers.
26	B.  A PA may do all of the following:
27	(1)  Provide healthcare services for which he is prepared by education,
28 training, and experience and is competent to perform in accordance with his practice
29 agreement.  Such services may include, without limitation, all of the following:
Page 8 of 16
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-728	ORIGINAL
HB NO. 442
1	(a)  Obtaining and performing a comprehensive health history and physical
2 examination.
3	(b)  Evaluating, diagnosing, managing, and providing treatment plans.
4	(c)  Educating a patient on health promotion and disease prevention.
5	(d)  Ordering and evaluating a diagnostic study and therapeutic procedure as
6 authorized by his practice agreement.
7	(e)  Performing therapeutic procedures as authorized by his practice
8 agreement.
9	(f)  Assisting in surgery.
10	(g)  Prescribing, administering, procuring, and dispensing legend drugs and
11 medical devices and durable medical equipment.
12	(h)  Prescribing Schedule II through V drugs in accordance with registration
13 with the federal Drug Enforcement Administration.
14	(i)  Ordering, where appropriate, home health care or hospice services or
15 treatment.
16	(j)  Providing consultation upon request.
17	(2)  Obtain informed consent.
18	(3)  Order, delegate, and assign therapeutic and diagnostic measures to
19 licensed or unlicensed personnel.
20	(4)  Certify the health or disability of a patient as required by any local, state,
21 or federal program.
22	(5)  Request, receive, and sign for a professional sample, and distribute a
23 professional sample to a patient.
24	(6)  Be reimbursed directly for healthcare services provided.
25	(7)  Provide healthcare services as a volunteer for a charitable organization
26 or at a public or private event, including a religious event, youth camp, community
27 event, or similar event if all of the following conditions apply:
28	(a)  He receives no compensation for such services.
Page 9 of 16
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-728	ORIGINAL
HB NO. 442
1	(b)  He provides healthcare services in a manner that is consistent with his
2 education, training, experience, and competence.
3	(8)  Provide healthcare services in emergency situations, including man-made
4 and natural disaster relief efforts, or as appropriate during declarations of emergency
5 by local, state, or federal officials.
6 §1360.32.  Assumption of professional liability; practice agreements; scope of
7	physician assistant practice
8	When a physician assistant is supervised by a physician or group practice of
9 physicians or a professional medical corporation or a hospital or other health care
10 organization or entity, the physician assistant shall be supervised by and be the legal
11 responsibility of the supervising physician or group practice or professional medical
12 corporation or other hospital or other health care organization or entity and the
13 supervising physician. The legal responsibility for the physician assistant's patient
14 care activities, including care and treatment that is provided in health care facilities,
15 shall remain that of the supervising physician, group practice of physicians, or a
16 professional medical corporation or a hospital or other health care organization or
17 entity.
18	A.  The legal responsibility for the patient care activities of a PA, including
19 care and treatment provided in healthcare facilities, shall be that of the PA.  A
20 managed care organization with which the PA is a network provider shall not require
21 a clinical supervisory relationship between a PA and another healthcare provider.
22	B.  A PA may practice at any of the following locations and settings:
23	(1)  Any healthcare organization.
24	(2)  Any healthcare facility with a credentialing and privileging system.
25	(3)  Any private or group health care practice.
26	(4)  Any professional medical corporation.
27	(5)  Any healthcare facility or practice not included in Paragraphs (1) through
28 (4) of this Subsection which is approved by the board.
Page 10 of 16
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-728	ORIGINAL
HB NO. 442
1	C.(1)  A practice agreement as defined in R.S. 37:1360.22 shall be created
2 for each practicing PA based on his documented education, training, experiences,
3 and demonstrated ability to perform.  Such delineations of privileges are to be
4 approved by the practice site and are intended to ensure patient safety and promote
5 quality of care.
6	(2)  The scope of a PA's practice shall be defined by the practice agreement,
7 which agreement shall conform to all of the following requirements:
8	(a)  The practice agreement shall be determined at the practice site and may
9 include decisions made by the employer, group, hospital service, and the
10 credentialing and privileging systems of a licensed facility.
11	(b)  The practice agreement shall be reviewed and updated annually.
12	(c)  The practice agreement shall be readily available for inspection by the
13 board.
14	D.  A PA shall consult with, or refer to, the appropriate member of the
15 healthcare team:
16	(1)  As indicated by the condition of the patient and protocols of the practice
17 site.
18	(2)  Based on the education, training, experience, and competencies of the
19 PA.
20	(3)  The applicable standard of care.
21 §1360.33.  Violations
22	The board may, exercising due process, discipline any physician assistant PA
23 in consultation with the Physician Assistants Advisory Committee, as provided in
24 R.S. 37:1360.34, who:
25	*          *          *
26	(5)  Is a habitual user of intoxicants or drugs to such an extent that he is
27 unable to safely perform as a physician assistant PA.
Page 11 of 16
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-728	ORIGINAL
HB NO. 442
1	(6)  Has been adjudicated as mentally incompetent or has a mental condition
2 that renders him unable to safely perform as a physician assistant PA.
3	*          *          *
4 §1360.34.  Disciplinary authority
5	The board, in consultation with the Physician Assistants Advisory
6 Committee, upon finding that a physician assistant PA has committed any offense
7 described in R.S. 37:1360.33, may:
8	*          *          *
9	(4)  Require a physician assistant PA to submit to the care, counseling, or
10 treatment of a physician or physicians designated by the board.
11	(5)  Place the physician assistant PA on probation with the right to vacate the
12 probationary order for noncompliance.
13	*          *          *
14 §1360.35.  Title and practice protection 
15	A.  Any person not licensed under this Part is guilty of a misdemeanor and
16 is subject to penalties applicable to the unlicensed practice of medicine if he:
17	(1)  Holds himself out as a physician assistant PA.
18	(2)  Uses any combination or abbreviation of the term "physician assistant"
19 to indicate that he is a physician assistant PA.
20	(3)  Acts as a physician assistant PA without being licensed by the board.
21	B.  An unlicensed physician shall not be permitted to use the title of
22 "physician assistant" or "PA", or to practice as a physician assistant PA, unless he
23 fulfills the requirements of this Part.
24	C.  Only a physician assistant licensed under this Part who has met the
25 current certification requirements of the National Commission on the Certification
26 of Physicians' Assistants and its successors shall be entitled to use the designation
27 "PA-C" before or after his name or as any title, thereof.
Page 12 of 16
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-728	ORIGINAL
HB NO. 442
1 §1360.36.  Identification requirements
2	A physician assistant PA licensed under this Part shall keep his license
3 available for inspection at his primary place of employment and shall, when engaged
4 in his professional activities, wear a name tag identifying himself as a "physician
5 assistant", "physician assistant-certified", "PA", or "PA-C".
6 §1360.37.  Injunctive proceedings
7	*          *          *
8	C.  In case of violation of any injunction issued under the provision
9 provisions of this Part, the court shall try and punish the offender for contempt of
10 court in accordance with law.
11 §1360.38.  Exemptions
12	A.  The provisions of this Part shall not apply to:
13	(1)  Practitioners of allied health fields duly licensed in accordance with other
14 laws of this state.
15	(2)  A physician assistant PA administering medical services in cases of
16 emergency.
17	(3)  A physician assistant PA student enrolled in a physician assistant PA
18 educational program accredited by the Accreditation Review Commission on
19 Education for the Physician Assistant.
20	(4)  A physician assistant PA employed by the federal government while
21 performing duties incidental to that employment.
22	B.  Nothing herein shall prohibit or limit the authority of physicians to
23 employ auxiliary personnel not recognized under this Part.
24 Section 3.  R.S. 37:1360.22(6) through (9), 1360.23(C), (F), (G), and (I), 1360.24(C)
25and (D), 1360.28, 1360.29, and 1360.31 are hereby repealed in their entirety.
Page 13 of 16
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-728	ORIGINAL
HB NO. 442
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 442 Original 2021 Regular Session	Bagley
Abstract:  Amends, enacts, and repeals various laws pertaining to the licensed profession
of physician assistant.
Present law creates and provides for the licensed profession of physician assistant.  Provides
for licensure of physician assistants by the La. State Board of Medical Examiners and for
healthcare services that physician assistants are authorized to perform.  Requires continuous
supervision of physician assistants by supervising physicians and provides for obligations
and responsibilities of such physicians.  Proposed law amends, enacts, and repeals provisions
throughout present law relative to physician assistants.
Proposed law revises legislative intent concerning laws relative to the physician assistant
profession.
Proposed law revises the definition of physician assistant in present law to read as follows:
"Physician assistant" and "PA" mean a health professional qualified by academic and
clinical education, experience, and competencies who is and licensed by the
Louisiana State Board of Medical Examiners to provide healthcare services to the
citizens of Louisiana, and who has passed the PA national certifying examination
administered by the National Commission on Certification of Physician Assistants
or its successors.  A PA who has passed the requisite certifying examination may use
the title "physician assistant-certified" and "PA-C".
Proposed law retains present law requiring that physician assistants be licensed by the La.
State Board of Medical Examiners.
Proposed law repeals from present law all of the following:
(1)Provisions requiring supervision of physician assistants by supervising physicians.
(2)The defined term "supervising physician" and all provisions relating to such
physicians.
(3)Provisions authorizing the La. State Board of Medical Examiners to grant working
permits to certain physician assistant applicants who have not yet taken the national
certifying examination or have taken the examination and are awaiting results.
Proposed law defines "practice agreement" to mean the agreement between the practice site
and the physician assistant as to the approved functions of the physician assistant.
With respect to services performed by a physician assistant, referred to hereafter as a "PA",
proposed law revises present law to authorize a PA to do all of the following:
(1)Provide healthcare services for which he is prepared by education, training, and
experience and is competent to perform in accordance with his practice agreement. 
Proposed law provides that such services may include, without limitation, all of the
following:
Page 14 of 16
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-728	ORIGINAL
HB NO. 442
(a)Obtaining and performing a comprehensive health history and physical
examination.
(b)Evaluating, diagnosing, managing, and providing treatment plans.
(c)Educating a patient on health promotion and disease prevention.
(d)Ordering and evaluating a diagnostic study and therapeutic procedure as
authorized by his practice agreement.
(e)Performing therapeutic procedures as authorized by his practice agreement.
(f)Assisting in surgery.
(g)Prescribing, administering, procuring, and dispensing legend drugs and
medical devices and durable medical equipment.
(h)Prescribing Schedule II through V drugs in accordance with registration with
the federal Drug Enforcement Administration.
(i)Ordering, where appropriate, home health care or hospice services or
treatment.
(j)Providing consultation upon request.
(2)Obtain informed consent.
(3)Order, delegate, and assign therapeutic and diagnostic measures to licensed or
unlicensed personnel.
(4)Certify the health or disability of a patient as required by any local, state, or federal
program.
(5)Request, receive, and sign for a professional sample, and distribute a professional
sample to a patient.
(6)Be reimbursed directly for healthcare services provided.
(7)Provide healthcare services as a volunteer for a charitable organization or at a public
or private event, including a religious event, youth camp, community event, or
similar event if all of the following conditions apply:
(a)He receives no compensation for such services.
(b)He provides healthcare services in a manner that is consistent with his
education, training, experience, and competence.
(8)Provide healthcare services in emergency situations, including man-made and natural
disaster relief efforts, or as appropriate during declarations of emergency by local,
state, or federal officials.
With respect to professional liability, proposed law revises present law to stipulate that the
legal responsibility for patient care activities of a PA, including care and treatment provided
in healthcare facilities, shall be that of the PA.
Proposed law stipulates that a managed care organization with which the PA is a network
provider shall not require a clinical supervisory relationship between a PA and another
healthcare provider.
Page 15 of 16
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-728	ORIGINAL
HB NO. 442
Proposed law provides that a PA may practice at any of the following locations and settings:
(1)Any healthcare organization.
(2)Any healthcare facility with a credentialing and privileging system.
(3)Any private or group health care practice.
(4)Any professional medical corporation.
(5)Any healthcare facility or practice not included in (1) through (4) above which is
approved by the board.
Proposed law requires that a practice agreement, as defined in proposed law, be created for
each practicing PA based on his documented education, training, experiences, and
demonstrated ability to perform.  Provides that delineations of privileges are to be approved
by the practice site and are intended to ensure patient safety and promote quality of care.
With respect to PA scope of practice, proposed law revises present law to provide that the
scope of a PA's practice shall be defined by the practice agreement, which agreement shall
conform to all of the following requirements:
(1)The practice agreement shall be determined at the practice site and may include
decisions made by the employer, group, hospital service, and the credentialing and
privileging systems of a licensed facility.
(2)The practice agreement shall be reviewed and updated annually.
(3)The practice agreement shall be readily available for inspection by the La. State
Board of Medical Examiners.
Proposed law requires that a PA consult with, or refer to, the appropriate member of the
healthcare team:
(1)As indicated by the condition of the patient and protocols of the practice site.
(2)Based on the education, training, experience, and competencies of the PA.
(3)The applicable standard of care.
Proposed law makes technical changes in present law as necessary to conform with proposed
law.
(Amends R.S. 17:500(B)(1), 1201(A)(2), and 1206(A)(1) and R.S. 37:1360.21, 1360.22(1),
(3), and (5), 1360.23(A), (B), and (D), 1360.24(A)(intro. para.) and (3)-(5) and (B), 1360.26,
1360.27(A)(intro. para.) and (B), 1360.30, 1360.32, 1360.33(intro. para.), (5), and (6),
1360.34(intro. para.), (4), and (5), 1360.35, 1360.36, 1360.37(C), and 1360.38; Adds R.S.
37:1360.22(10) and 1360.31.1; Repeals R.S. 37:1360.22(6)-(9), 1360.23(C), (F), (G), and
(I), 1360.24(C) and (D), 1360.28, 1360.29, and 1360.31)
Page 16 of 16
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.