Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2135 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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