Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1354 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 450 FILED ON: 1/15/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1354
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Julian Cyr
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 :Julian CyrCape and Islands 1 of 4
16	16	SENATE DOCKET, NO. 450 FILED ON: 1/15/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1354
18	18	By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1354) of Julian Cyr for legislation to
19	19	remove barriers to care for physician assistants. Public Health.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE SENATE, NO. 740 OF 2021-2022.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act relative to removing barriers to care for physician assistants.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Chapter 94C of the General Laws, as appearing in the 2020 Official
31	31	2Edition, is hereby amended in section 7 by striking in section (g) the following, “pursuant to
32	32	3guidelines mutually developed and agreed upon by the supervising physician and the physician
33	33	4assistant,” and by further striking in the second sentence the following, “the board of registration
34	34	5in medicine”.
35	35	6 SECTION 2. Chapter 112 of the General Laws, as appearing in the 2020 Official Edition,
36	36	7is hereby amended in section 9E by striking in line 2 the following: “when such services are
37	37	8rendered under the supervision of a registered physician. Such supervision shall be continuous
38	38	9but shall not require the personal presence of the supervising physician or physicians.” and 2 of 4
39	39	10inserting instead thereof, “…when such services are within the education, training and
40	40	11experience of the physician assistant and which the physician assistant is competent to perform.”
41	41	12 SECTION 3. Said Chapter 112 of the General Laws, as appearing in the 2018 Official
42	42	13Edition, is hereby further amended in section 9E by striking in the second paragraph the
43	43	14following: “as determined by a supervising physician” and further striking from the same
44	44	15paragraph the following: “...in assisting physicians in private practice, in group practices or in
45	45	16health care facilities, consistent with any applicable bylaws and policies of such facilities.”
46	46	17 SECTION 4. Said Chapter 112 of the General Laws, as appearing in the 2020 Official
47	47	18Edition, is hereby further amended in section 9E by striking in the fourth and fifth paragraph the
48	48	19following: “If a physician assistant is employed by a physician or group of physicians, the
49	49	20assistant shall be supervised by and shall be the legal responsibility of the employing physician
50	50	21or physicians. The legal responsibility of such assistant shall remain that of the employing
51	51	22physician or physicians at all times including occasions when the assistant, under the direction
52	52	23and supervision of the employing physician or physicians, aids in the care and treatment of
53	53	24patients in health care facilities.”
54	54	25 If a physician assistant is employed by a health care facility, the legal responsibility for
55	55	26his actions and omissions shall be that of the employing facility. Such physician assistants shall
56	56	27be supervised by registered physicians. Such physician assistants employed by health care
57	57	28facilities shall not be utilized as the sole medical personnel in charge of emergency or outpatient
58	58	29services or any other clinical service where a physician is not regularly available.” and inserting
59	59	30instead thereof the following, “"The legal responsibility of the physician assistant shall remain
60	60	31that of the individual physician assistant, employing physician, group of physicians, or 3 of 4
61	61	32healthcare facility as part of the healthcare team responsible for the care and treatment of the
62	62	33patient"
63	63	34 SECTION 5. Said Chapter 112 of the General Laws, as appearing in the 2020 Official
64	64	35Edition, is hereby further amended in section 9E by adding the following paragraphs: “A
65	65	36Physician Assistant must practice for at least 2,000 hours, within the context of a collaborative
66	66	37agreement, within a hospital or integrated clinical setting where physician assistants and
67	67	38physicians work together to provide patient care. The physician assistant shall submit written
68	68	39evidence to the board with the application, or upon completion of the required collaborative
69	69	40practice experience. A collaborative agreement is a mutually agreed upon plan for the overall
70	70	41working relationship between the physician assistant and one or more physicians that designates
71	71	42the scope of collaboration necessary to manage the care of patients. The physician assistant and
72	72	43collaborating physician(s) must have experience in providing care to patients with the same or
73	73	44similar medical problems. Nothing in this section shall allow a physician assistant to open their
74	74	45own practice and practice independently. Notwithstanding any other provisions of law, a
75	75	46physician assistant may bill separately for services rendered.”
76	76	47 SECTION 6. Said Chapter 112 of the General Laws, as appearing in the 2020 Official
77	77	48Edition, is hereby amended in section 9F by striking in the third paragraph the following: “in
78	78	49consultation with the board of registration in medicine, and consistent with the authority of the
79	79	50board of registration in medicine over the supervising physician and the practice of medicine”
80	80	51 SECTION 7. Said Chapter 112 of the General Laws, as appearing in the 2020 Official
81	81	52Edition, is hereby amended in section 9I by striking in the third paragraph the following: “and
82	82	53the name and address of any supervising physician.” 4 of 4
83	83	54 SECTION 8. Said Chapter 112 of the General Laws, as appearing in the 2020 Official
84	84	55Edition, is hereby further amended in section 9I by striking in the fourth paragraph the following:
85	85	56“change of supervising physician.”
86	86	57 SECTION 9.  Said Chapter 112 of the General Laws, as appearing in the 2020 Official
87	87	58Edition, is hereby amended in section 12B by striking in line 3 the following: “or supervising”.