Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2135 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 866 FILED ON: 1/17/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2135
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Christine P. Barber
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to removing barriers to care for physician assistants.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Christine P. Barber34th Middlesex1/17/2023Brian W. Murray10th Worcester1/29/2023Vanna Howard17th Middlesex2/1/2023Tricia Farley-Bouvier2nd Berkshire2/9/2023Samantha Montaño15th Suffolk3/13/2023Adrian C. Madaro1st Suffolk3/13/2023 1 of 4
16	16	HOUSE DOCKET, NO. 866 FILED ON: 1/17/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 2135
18	18	By Representative Barber of Somerville, a petition (accompanied by bill, House, No. 2135) of
19	19	Christine P. Barber and others relative to the licensing, supervision and scope of practice of
20	20	physicians assistants. Public Health.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act relative to removing barriers to care for physician assistants.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 94C of the General Laws, as appearing in the 2020 Official
30	30	2Edition, is hereby amended in section 7 by striking in section (g) the following, “pursuant to
31	31	3guidelines mutually developed and agreed upon by the supervising physician and the physician
32	32	4assistant,” and by further striking in the second sentence the following, “the board of registration
33	33	5in medicine”
34	34	6 SECTION 2. Chapter 112 of the General Laws, as appearing in the 2020 Official Edition,
35	35	7is hereby amended in section 9E by striking in line 2 the following: “when such services are
36	36	8rendered under the supervision of a registered physician. Such supervision shall be continuous
37	37	9but shall not require the personal presence of the supervising physician or physicians.” and
38	38	10inserting instead thereof, “…when such services are within the education, training and
39	39	11experience of the physician assistant and which the physician assistant is competent to perform.” 2 of 4
40	40	12 SECTION 3. Said Chapter 112 of the General Laws, as appearing in the 2018 Official
41	41	13Edition, is hereby further amended in section 9E by striking in the second paragraph the
42	42	14following: “as determined by a supervising physician” and further striking from the same
43	43	15paragraph the following: “...in assisting physicians in private practice, in group practices or in
44	44	16health care facilities, consistent with any applicable bylaws and policies of such facilities.”
45	45	17 SECTION 4. Said Chapter 112 of the General Laws, as appearing in the 2020 Official
46	46	18Edition, is hereby further amended in section 9E by striking in the fourth and fifth paragraph the
47	47	19following: “If a physician assistant is employed by a physician or group of physicians, the
48	48	20assistant shall be supervised by and shall be the legal responsibility of the employing physician
49	49	21or physicians. The legal responsibility of such assistant shall remain that of the employing
50	50	22physician or physicians at all times including occasions when the assistant, under the direction
51	51	23and supervision of the employing physician or physicians, aids in the care and treatment of
52	52	24patients in health care facilities.”
53	53	25 If a physician assistant is employed by a health care facility, the legal responsibility for
54	54	26his actions and omissions shall be that of the employing facility. Such physician assistants shall
55	55	27be supervised by registered physicians. Such physician assistants employed by health care
56	56	28facilities shall not be utilized as the sole medical personnel in charge of emergency or outpatient
57	57	29services or any other clinical service where a physician is not regularly available.” and inserting
58	58	30instead thereof the following, “"The legal responsibility of the physician assistant shall remain
59	59	31that of the individual physician assistant, employing physician, group of physicians, or
60	60	32healthcare facility as part of the healthcare team responsible for the care and treatment of the
61	61	33patient" 3 of 4
62	62	34 SECTION 5. Said Chapter 112 of the General Laws, as appearing in the 2020 Official
63	63	35Edition, is hereby further amended in section 9E by adding the following paragraphs: “A
64	64	36Physician Assistant must practice for at least 2,000 hours, within the context of a collaborative
65	65	37agreement, within a hospital or integrated clinical setting where physician assistants and
66	66	38physicians work together to provide patient care. The physician assistant shall submit written
67	67	39evidence to the board with the application, or upon completion of the required collaborative
68	68	40practice experience. A collaborative agreement is a mutually agreed upon plan for the overall
69	69	41working relationship between the physician assistant and one or more physicians that designates
70	70	42the scope of collaboration necessary to manage the care of patients. The physician assistant and
71	71	43collaborating physician(s) must have experience in providing care to patients with the same or
72	72	44similar medical problems. Nothing in this section shall allow a physician assistant to open their
73	73	45own practice and practice independently. Notwithstanding any other provisions of law, a
74	74	46physician assistant may bill separately for services rendered.”
75	75	47 SECTION 6. Said Chapter 112 of the General Laws, as appearing in the 2020 Official
76	76	48Edition, is hereby amended in section 9F by striking in the third paragraph the following: “in
77	77	49consultation with the board of registration in medicine, and consistent with the authority of the
78	78	50board of registration in medicine over the supervising physician and the practice of medicine”
79	79	51 SECTION 7. Said Chapter 112 of the General Laws, as appearing in the 2020 Official
80	80	52Edition, is hereby amended in section 9I by striking in the third paragraph the following: “and
81	81	53the name and address of any supervising physician.” 4 of 4
82	82	54 SECTION 8. Said Chapter 112 of the General Laws, as appearing in the 2020 Official
83	83	55Edition, is hereby further amended in section 9I by striking in the fourth paragraph the following:
84	84	56“change of supervising physician.”
85	85	57 SECTION 9. Said Chapter 112 of the General Laws, as appearing in the 2020 Official
86	86	58Edition, is hereby amended in section 12B by striking in line 3 the following: “or supervising”