Maryland 2024 Regular Session

Maryland Senate Bill SB167 Compare Versions

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1- WES MOORE, Governor Ch. 919
21
3-– 1 –
4-Chapter 919
5-(Senate Bill 167)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *sb0167*
89
9-Physician Assistants – Revisions
10-(Physician Assistant Modernization Act of 2024)
10+SENATE BILL 167
11+J2 4lr1212
12+SB 673/23 – FIN (PRE–FILED) CF HB 806
13+By: Senator Carozza
14+Requested: October 27, 2023
15+Introduced and read first time: January 10, 2024
16+Assigned to: Finance
17+Committee Report: Favorable with amendments
18+Senate action: Adopted
19+Read second time: March 16, 2024
1120
12-FOR the purpose of requiring that a physician assistant have a collaboration agreement,
13-rather than a delegation agreement, in order to practice as a physician assistant;
14-altering the scope of practice of a physician assistant; altering the education required
15-for licensure as a physician assistant; authorizing physician assistants who are
16-employees of the federal government to perform acts, tasks, or functions as a
17-physician assistant during a certain disaster; requiring the State Board of
18-Physicians to review and update the list of advanced duties for physician assistants;
19-and generally relating to physician assistants.
21+CHAPTER ______
2022
21-BY repealing and reenacting, without amendments,
22- Article – Alcoholic Beverages and Cannabis
23-Section 36–101(a)
24- Annotated Code of Maryland
25- (2016 Volume and 2023 Supplement)
23+AN ACT concerning 1
2624
27-BY repealing and reenacting, with amendments,
28- Article – Alcoholic Beverages and Cannabis
29-Section 36–101(m)(1)(v)
30- Annotated Code of Maryland
31- (2016 Volume and 2023 Supplement)
25+Physician Assistants – Revisions 2
26+(Physician Assistant Modernization Act of 2024) 3
3227
33-BY repealing and reenacting, without amendments,
34- Article – Courts and Judicial Proceedings
35- Section 3–2A–01(a)
36- Annotated Code of Maryland
37- (2020 Replacement Volume and 2023 Supplement)
28+FOR the purpose of requiring that a physician assistant have a collaboration agreement, 4
29+rather than a delegation agreement, in order to practice as a physician assistant; 5
30+altering the scope of practice of a physician assistant; altering the education required 6
31+for licensure as a physician assistant; authorizing physician assistants who are 7
32+employees of the federal government to perform acts, tasks, or functions as a 8
33+physician assistant during a certain disaster; requiring the State Board of 9
34+Physicians to review and update the list of advanced duties for physician assistants; 10
35+and generally relating to physician assistants. 11
3836
39-BY repealing and reenacting, with amendments,
40- Article – Courts and Judicial Proceedings
41- Section 32A–01(f)
42- Annotated Code of Maryland
43- (2020 Replacement Volume and 2023 Supplement)
37+BY repealing and reenacting, without amendments, 12
38+ Article – Alcoholic Beverages and Cannabis 13
39+Section 36101(a) 14
40+ Annotated Code of Maryland 15
41+ (2016 Volume and 2023 Supplement) 16
4442
45-BY repealing and reenacting, with amendments,
46- Article – Education
47-Section 7–402(c) and 18–802(a)(8)
48- Annotated Code of Maryland
49- (2022 Replacement Volume and 2023 Supplement) Ch. 919 2024 LAWS OF MARYLAND
43+BY repealing and reenacting, with amendments, 17
44+ Article – Alcoholic Beverages and Cannabis 18
45+Section 36–101(m)(1)(v) 19
46+ Annotated Code of Maryland 20
47+ (2016 Volume and 2023 Supplement) 21
48+ 2 SENATE BILL 167
5049
51-– 2 –
5250
53-BY repealing and reenacting, without amendments,
54- Article – Education
55-Section 18802(a)(1)
56- Annotated Code of Maryland
57- (2022 Replacement Volume and 2023 Supplement)
51+BY repealing and reenacting, without amendments, 1
52+ Article – Courts and Judicial Proceedings 2
53+ Section 32A–01(a) 3
54+ Annotated Code of Maryland 4
55+ (2020 Replacement Volume and 2023 Supplement) 5
5856
59-BY repealing and reenacting, without amendments,
60- Article – Health – General
61-Section 4201(a) and 5–601(a)
62- Annotated Code of Maryland
63- (2023 Replacement Volume)
57+BY repealing and reenacting, with amendments, 6
58+ Article – Courts and Judicial Proceedings 7
59+ Section 32A–01(f) 8
60+ Annotated Code of Maryland 9
61+ (2020 Replacement Volume and 2023 Supplement) 10
6462
65-BY repealing and reenacting, with amendments,
66- Article – Health – General
67-Section 4201(s) and 5601(v)
68- Annotated Code of Maryland
69- (2023 Replacement Volume)
63+BY repealing and reenacting, with amendments, 11
64+ Article – Education 12
65+Section 7402(c) and 18802(a)(8) 13
66+ Annotated Code of Maryland 14
67+ (2022 Replacement Volume and 2023 Supplement) 15
7068
71-BY repealing and reenacting, with amendments,
72- Article – Health Occupations
73-Section 12–102(c)(2)(iv), (v), and (vi) 12–102(a) and (c)(2)(iv), 14–306(a), 15–101,
74-15–103, 15–202(b), 15–205(a), 15–301, 15–302, 15–302.2, 15–303, 15–306,
75-15–309(a), 15–310, 15–314(a)(41), (43), (44), and (45), 15–317, 15–401, and
76-15–402.1(a)
77- Annotated Code of Maryland
78- (2021 Replacement Volume and 2023 Supplement)
69+BY repealing and reenacting, without amendments, 16
70+ Article – Education 17
71+Section 18–802(a)(1) 18
72+ Annotated Code of Maryland 19
73+ (2022 Replacement Volume and 2023 Supplement) 20
7974
80-BY adding to
81- Article – Health Occupations
82- Section 12102(c)(2)(vii) and 15314(a)(42)
83- Annotated Code of Maryland
84- (2021 Replacement Volume and 2023 Supplement)
75+BY repealing and reenacting, without amendments, 21
76+ Article – Health – General 22
77+Section 4201(a) and 5601(a) 23
78+ Annotated Code of Maryland 24
79+ (2023 Replacement Volume) 25
8580
86-BY repealing and reenacting, without amendments,
87- Article – Health Occupations
88-Section 15202(a)(1) and (2)
89- Annotated Code of Maryland
90- (2021 Replacement Volume and 2023 Supplement)
81+BY repealing and reenacting, with amendments, 26
82+ Article – Health – General 27
83+Section 4201(s) and 5–601(v) 28
84+ Annotated Code of Maryland 29
85+ (2023 Replacement Volume) 30
9186
92-BY repealing
93- Article – Health Occupations
94-Section 15–302.1, 15–302.3, 15–313, and 15–314(a)(42)
95- Annotated Code of Maryland
96- (2021 Replacement Volume and 2023 Supplement)
97- WES MOORE, Governor Ch. 919
87+BY repealing and reenacting, with amendments, 31
88+ Article – Health Occupations 32
89+Section 12–102(c)(2)(iv), (v), and (vi) 12–102(a) and (c)(2)(iv), 14–306(a), 15–101, 33
90+15–103, 15–202(b), 15–205(a), 15–301, 15–302, 15–302.2, 15–303, 15–306, 34
91+15–309(a), 15–310, 15–314(a)(41), (43), (44), and (45), 15–317, 15–401, and 35
92+15–402.1(a) 36
93+ Annotated Code of Maryland 37
94+ (2021 Replacement Volume and 2023 Supplement) 38
9895
99-– 3 –
100-BY adding to
101- Article – Health Occupations
102- Section 15–302.1, 15–309(c) and (d), and 15–314(a)(42), (43), and (44)
103- Annotated Code of Maryland
104- (2021 Replacement Volume and 2023 Supplement)
96+BY adding to 39
97+ Article – Health Occupations 40 SENATE BILL 167 3
10598
106-BY repealing and reenacting, without amendments,
107- Article – Transportation
108-Section 13–616(a)(1)
109- Annotated Code of Maryland
110- (2020 Replacement Volume and 2023 Supplement)
11199
112-BY repealing and reenacting, with amendments,
113- Article – Transportation
114-Section 13–616(a)(7)
115- Annotated Code of Maryland
116- (2020 Replacement Volume and 2023 Supplement)
100+ Section 12–102(c)(2)(vii) and 15–314(a)(42) 1
101+ Annotated Code of Maryland 2
102+ (2021 Replacement Volume and 2023 Supplement) 3
117103
118- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
119-That the Laws of Maryland read as follows:
104+BY repealing and reenacting, without amendments, 4
105+ Article – Health Occupations 5
106+Section 15–202(a)(1) and (2) 6
107+ Annotated Code of Maryland 7
108+ (2021 Replacement Volume and 2023 Supplement) 8
120109
121-Article – Alcoholic Beverages and Cannabis
110+BY repealing 9
111+ Article – Health Occupations 10
112+Section 15–302.1, 15–302.3, 15–313, and 15–314(a)(42) 11
113+ Annotated Code of Maryland 12
114+ (2021 Replacement Volume and 2023 Supplement) 13
122115
123-36–101.
116+BY adding to 14
117+ Article – Health Occupations 15
118+ Section 15–302.1, 15–309(c) and (d), and 15–314(a)(42), (43), and (44) 16
119+ Annotated Code of Maryland 17
120+ (2021 Replacement Volume and 2023 Supplement) 18
124121
125- (a) In this title the following words have the meanings indicated.
122+BY repealing and reenacting, without amendments, 19
123+ Article – Transportation 20
124+Section 13–616(a)(1) 21
125+ Annotated Code of Maryland 22
126+ (2020 Replacement Volume and 2023 Supplement) 23
126127
127- (m) “Certifying provider” means an individual who:
128+BY repealing and reenacting, with amendments, 24
129+ Article – Transportation 25
130+Section 13–616(a)(7) 26
131+ Annotated Code of Maryland 27
132+ (2020 Replacement Volume and 2023 Supplement) 28
128133
129- (1) (v) 1. has an active, unrestricted license to practice as a
130-physician assistant issued by the State Board of Physicians under Title 15 of the Health
131-Occupations Article; AND
134+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 29
135+That the Laws of Maryland read as follows: 30
132136
133- 2. [has an active delegation agreement with a primary
134-supervising physician COLLABORATION AGREEM ENT WITH A PATIENT C ARE TEAM
135-PHYSICIAN who is a certifying provider; and
137+Article – Alcoholic Beverages and Cannabis 31
136138
137- 3.] is in good standing with the State Board of Physicians;
139+36–101. 32
138140
139-Article – Courts and Judicial Proceedings
141+ (a) In this title the following words have the meanings indicated. 33
140142
141-3–2A–01.
143+ (m) “Certifying provider” means an individual who: 34
144+ 4 SENATE BILL 167
142145
143- (a) In this subtitle the following terms have the meanings indicated unless the
144-context of their use requires otherwise.
145- Ch. 919 2024 LAWS OF MARYLAND
146146
147-– 4 –
148- (f) (1) “Health care provider” means a hospital, a related institution as defined
149-in § 19–301 of the Health – General Article, a medical day care center, a hospice care
150-program, an assisted living program, a freestanding ambulatory care facility as defined in
151-§ 19–3B–01 of the Health – General Article, a physician, A PHYSICIAN ASSISTAN T, an
152-osteopath, an optometrist, a chiropractor, a registered or licensed practical nurse, a dentist,
153-a podiatrist, a psychologist, a licensed certified social worker–clinical, and a physical
154-therapist, licensed or authorized to provide one or more health care services in Maryland.
147+ (1) (v) 1. has an active, unrestricted license to practice as a 1
148+physician assistant issued by the State Board of Physicians under Title 15 of the Health 2
149+Occupations Article; AND 3
155150
156- (2) “Health care provider” does not include any nursing institution
157-conducted by and for those who rely upon treatment by spiritual means through prayer
158-alone in accordance with the tenets and practices of a recognized church or religious
159-denomination.
151+ 2. [has an active delegation agreement with a primary 4
152+supervising physician COLLABORATION AGREEM ENT WITH A PATIENT C ARE TEAM 5
153+PHYSICIAN who is a certifying provider; and 6
160154
161-Article – Education
155+ 3.] is in good standing with the State Board of Physicians; 7
162156
163-7402.
157+Article Courts and Judicial Proceedings 8
164158
165- (c) The physical examination required under subsection (b) of this section shall
166-be completed by:
159+3–2A–01. 9
167160
168- (1) A licensed physician;
161+ (a) In this subtitle the following terms have the meanings indicated unless the 10
162+context of their use requires otherwise. 11
169163
170- (2) A licensed physician assistant [with a delegation agreement approved
171-by the State Board of Physicians WHO HAS AN ACTIVE CO LLABORATION AGREEMEN T];
172-or
164+ (f) (1) “Health care provider” means a hospital, a related institution as defined 12
165+in § 19–301 of the Health – General Article, a medical day care center, a hospice care 13
166+program, an assisted living program, a freestanding ambulatory care facility as defined in 14
167+§ 19–3B–01 of the Health – General Article, a physician, A PHYSICIAN ASSISTAN T, an 15
168+osteopath, an optometrist, a chiropractor, a registered or licensed practical nurse, a dentist, 16
169+a podiatrist, a psychologist, a licensed certified social worker–clinical, and a physical 17
170+therapist, licensed or authorized to provide one or more health care services in Maryland. 18
173171
174- (3) A certified nurse practitioner.
172+ (2) “Health care provider” does not include any nursing institution 19
173+conducted by and for those who rely upon treatment by spiritual means through prayer 20
174+alone in accordance with the tenets and practices of a recognized church or religious 21
175+denomination. 22
175176
176-18802.
177+Article Education 23
177178
178- (a) (1) In this section the following words have the meanings indicated.
179+7–402. 24
179180
180- (8) “Physician assistant” means an individual [to whom duties are
181-delegated by a licensed physician under the rules and regulations of the State Board of
182-Physicians] LICENSED UNDER TITLE 15 OF THE HEALTH OCCUPATIONS ARTICLE TO
183-PRACTICE AS A PHYSIC IAN ASSISTANT.
181+ (c) The physical examination required under subsection (b) of this section shall 25
182+be completed by: 26
184183
185-Article – Health – General
184+ (1) A licensed physician; 27
186185
187-4–201.
186+ (2) A licensed physician assistant [with a delegation agreement approved 28
187+by the State Board of Physicians WHO HAS AN ACTIVE CO LLABORATION AGREEMEN T]; 29
188+or 30
188189
189- (a) In this subtitle the following words have the meanings indicated.
190- WES MOORE, Governor Ch. 919
190+ (3) A certified nurse practitioner. 31
191191
192-– 5 –
193- (s) “Physician assistant” means an individual who is licensed under Title 15 of
194-the Health Occupations Article to practice [medicine with physician supervision] AS A
195-PHYSICIAN ASSISTANT .
192+18–802. 32 SENATE BILL 167 5
196193
197-5–601.
198194
199- (a) In this subtitle the following words have the meanings indicated.
200195
201- (v) “Physician assistant” means an individual who is licensed under Title 15 of
202-the Health Occupations Article to practice [medicine with physician supervision] AS A
203-PHYSICIAN ASSISTANT .
196+ (a) (1) In this section the following words have the meanings indicated. 1
204197
205-Article – Health Occupations
198+ (8) “Physician assistant” means an individual [to whom duties are 2
199+delegated by a licensed physician under the rules and regulations of the State Board of 3
200+Physicians] LICENSED UNDER TITLE 15 OF THE HEALTH OCCUPATIONS ARTICLE TO 4
201+PRACTICE AS A PHYSIC IAN ASSISTANT. 5
206202
207-12102.
203+Article Health – General 6
208204
209- (a) (1) In this section the following terms have the meanings indicated.
205+4–201. 7
210206
211- (2) “In the public interest” means the dispensing of drugs or devices by a
212-licensed dentist, physician, nurse or midwife, or podiatrist to a patient when a pharmacy
213-is not conveniently available to the patient.
207+ (a) In this subtitle the following words have the meanings indicated. 8
214208
215- (3) “Nurse or midwife” means an individual licensed or certified by the
216-Board of Nursing under Title 8 of this article.
209+ (s) “Physician assistant” means an individual who is licensed under Title 15 of 9
210+the Health Occupations Article to practice [medicine with physician supervision] AS A 10
211+PHYSICIAN ASSISTANT . 11
217212
218- (4) [“Personally] EXCEPT AS PROVIDED IN § 15–302.2 OF THIS
219-ARTICLE, “PERSONALLY preparing and dispensing” means that the licensed dentist,
220-physician, nurse or midwife, or podiatrist:
213+5–601. 12
221214
222- (i) Is physically present on the premises where the prescription is
223-filled; and
215+ (a) In this subtitle the following words have the meanings indicated. 13
224216
225- (ii) Performs a final check of the prescription before it is provided to
226-the patient.
217+ (v) “Physician assistant” means an individual who is licensed under Title 15 of 14
218+the Health Occupations Article to practice [medicine with physician supervision] AS A 15
219+PHYSICIAN ASSISTANT . 16
227220
228- (c) (2) This title does not prohibit:
221+Article – Health Occupations 17
229222
230- (iv) A licensed physician who complies with the requirements of item
231-(ii) of this paragraph from personally preparing and dispensing a prescription written by:
223+12–102. 18
232224
233- 1. A physician assistant [in accordance with a delegation
234-agreement that] WHO complies with Title 15, Subtitle 3 of this article; or
225+ (a) (1) In this section the following terms have the meanings indicated. 19
235226
236- 2. An advanced practice registered nurse with prescriptive
237-authority under Title 8 of this article and is working with the physician in the same office
238-setting; Ch. 919 2024 LAWS OF MARYLAND
227+ (2) “In the public interest” means the dispensing of drugs or devices by a 20
228+licensed dentist, physician, nurse or midwife, or podiatrist to a patient when a pharmacy 21
229+is not conveniently available to the patient. 22
239230
240-– 6 –
231+ (3) “Nurse or midwife” means an individual licensed or certified by the 23
232+Board of Nursing under Title 8 of this article. 24
241233
242- (v) A hospital–based clinic from dispensing prescriptions to its
243-patients; [or]
234+ (4) [“Personally] EXCEPT AS PROVIDED IN § 15–302.2 OF THIS 25
235+ARTICLE, “PERSONALLY preparing and dispensing” means that the licensed dentist, 26
236+physician, nurse or midwife, or podiatrist: 27
244237
245- (vi) An individual licensed or certified under Title 8 of this article
246-from personally preparing and dispensing a drug or device as authorized under Title 8 of
247-this article; OR
238+ (i) Is physically present on the premises where the prescription is 28
239+filled; and 29
240+ 6 SENATE BILL 167
248241
249- (VII) A PHYSICIAN ASS ISTANT FROM PERSONAL LY PREPARING
250-AND DISPENSING A PRE SCRIPTION IN ACCORDA NCE WITH § 15–302.1 OF THIS
251-ARTICLE.
252242
253-14–306.
243+ (ii) Performs a final check of the prescription before it is provided to 1
244+the patient. 2
254245
255- (a) [To] EXCEPT AS PROVIDED IN SUBSECTIONS (E) AND (F) OF THIS
256-SECTION, TO the extent permitted by the rules, regulations, and orders of the Board, an
257-individual to whom duties are delegated by a licensed physician OR PHYSICIAN
258-ASSISTANT may perform those duties without a license as provided in this section.
246+ (c) (2) This title does not prohibit: 3
259247
260-15–101.
248+ (iv) A licensed physician who complies with the requirements of item 4
249+(ii) of this paragraph from personally preparing and dispensing a prescription written by: 5
261250
262- (a) In this title the following words have the meanings indicated.
251+ 1. A physician assistant [in accordance with a delegation 6
252+agreement that] WHO complies with Title 15, Subtitle 3 of this article; or 7
263253
264- [(b) “Alternate supervising physician” means one or more physicians designated
265-by the primary supervising physician to provide supervision of a physician assistant in
266-accordance with the delegation agreement on file with the Board.]
254+ 2. An advanced practice registered nurse with prescriptive 8
255+authority under Title 8 of this article and is working with the physician in the same office 9
256+setting; 10
267257
268- [(c)] (B) “Ambulatory surgical facility” means a facility:
258+ (v) A hospital–based clinic from dispensing prescriptions to its 11
259+patients; [or] 12
269260
270- (1) Accredited by:
261+ (vi) An individual licensed or certified under Title 8 of this article 13
262+from personally preparing and dispensing a drug or device as authorized under Title 8 of 14
263+this article; OR 15
271264
272- (i) The American Association for Accreditation of Ambulatory
273-Surgical Facilities;
265+ (VII) A PHYSICIAN ASSISTANT FROM PERSONALLY PREP ARING 16
266+AND DISPENSING A PRE SCRIPTION IN ACCORDANCE WITH § 15–302.1 OF THIS 17
267+ARTICLE. 18
274268
275- (ii) The Accreditation Association for Ambulatory Health Care; or
269+14–306. 19
276270
277- (iii) The Joint Commission on Accreditation of Healthcare
278-Organizations; or
271+ (a) [To] EXCEPT AS PROVIDED IN SUBSECTIONS (E) AND (F) OF THIS 20
272+SECTION, TO the extent permitted by the rules, regulations, and orders of the Board, an 21
273+individual to whom duties are delegated by a licensed physician OR PHYSICIAN 22
274+ASSISTANT may perform those duties without a license as provided in this section. 23
279275
280- (2) Certified to participate in the Medicare program, as enacted by Title
281-XVIII of the Social Security Act.
276+15–101. 24
282277
283- [(d)] (C) “Board” means the State Board of Physicians, established under §
284-14–201 of this article.
285- WES MOORE, Governor Ch. 919
278+ (a) In this title the following words have the meanings indicated. 25
286279
287-– 7 –
288- (D) (1) “COLLABORATION ” MEANS THE COMMUNICAT ION AND
289-DECISION–MAKING PROCESS AMONG HEALTH CARE PROVIDER S WHO ARE MEMBERS
290-OF A PATIENT CARE TE AM RELATED TO THE TR EATMENT OF A PATIENT THAT
291-INCLUDES THE DEGREE OF COOPER ATION NECESSARY TO P ROVIDE TREATMENT
292-AND CARE TO THE PATI ENT AND INCLUDES :
280+ [(b) “Alternate supervising physician” means one or more physicians designated 26
281+by the primary supervising physician to provide supervision of a physician assistant in 27
282+accordance with the delegation agreement on file with the Board.] 28
293283
294- (I) COMMUNICATION OF DATA AND INFORMATION ABOU T THE
295-TREATMENT AND CARE O F A PATIENT, INCLUDING THE EXCHAN GE OF CLINICAL
296-OBSERVATIONS AND ASS ESSMENTS; AND
284+ [(c)] (B) “Ambulatory surgical facility” means a facility: 29
297285
298- (II) DEVELOPMENT OF AN APP ROPRIATE PLAN OF CAR E,
299-INCLUDING:
286+ (1) Accredited by: 30
287+ SENATE BILL 167 7
300288
301- 1. DECISIONS REGARDING T HE HEALTH CARE
302-PROVIDED;
303289
304- 2. ACCESSING AND ASSESSM ENT OF APPROPRIATE
305-ADDITIONAL RESOURCES OR EXPERTISE; AND
290+ (i) The American Association for Accreditation of Ambulatory 1
291+Surgical Facilities; 2
306292
307- 3. ARRANGEMENT OF APPROP RIATE REFERRALS ,
308-TESTING, OR STUDIES.
293+ (ii) The Accreditation Association for Ambulatory Health Care; or 3
309294
310- (2) “COLLABORATION ” DOES NOT REQUIRE THE CONSTANT,
311-PHYSICAL PRESENCE OF A COLLABORATING PHYS ICIAN ON–SITE IN THE PRACTICE
312-SETTING, IF THE COLLABORATING PHYSICIAN IS ACCESSI BLE BY ELECTRONIC
313-MEANS.
295+ (iii) The Joint Commission on Accreditation of Healthcare 4
296+Organizations; or 5
314297
315- (E) “COLLABORATION AGREEME NT” MEANS A DOCUMENT THAT :
298+ (2) Certified to participate in the Medicare program, as enacted by Title 6
299+XVIII of the Social Security Act. 7
316300
317- (1) OUTLINES THE COLLABOR ATION BETWEEN A PHYS ICIAN
318-ASSISTANT AND:
301+ [(d)] (C) “Board” means the State Board of Physicians, established under § 8
302+14–201 of this article. 9
319303
320- (I) AN INDIVIDUAL PHYSICI AN; OR
304+ (D) (1) “COLLABORATION ” MEANS THE COMMUNICAT ION AND 10
305+DECISION–MAKING PROCESS AMONG HEALTH CARE PROVIDER S WHO ARE MEMBERS 11
306+OF A PATIENT CARE TE AM RELATED TO THE TR EATMENT OF A PATIENT THAT 12
307+INCLUDES THE DEGREE OF COOPERATION NECESSAR Y TO PROVIDE TREATME NT 13
308+AND CARE TO THE PATI ENT AND INCLUDES : 14
321309
322- (II) A GROUP OF PHYSICIANS ; AND
310+ (I) COMMUNICATION OF DATA AND INFORMATION ABOU T THE 15
311+TREATMENT AND CARE O F A PATIENT, INCLUDING THE EXCHAN GE OF CLINICAL 16
312+OBSERVATIONS AND ASS ESSMENTS; AND 17
323313
324- (2) IS DEVELOPED BY A PHY SICIAN ASSISTANT AND THE PHYSICIAN
325-OR GROUP OF PHYSICIA NS; AND
314+ (II) DEVELOPMENT OF AN APP ROPRIATE PLAN OF CAR E, 18
315+INCLUDING: 19
326316
327- (3) IS SUBMITTED TO THE BOARD.
317+ 1. DECISIONS REGARDING T HE HEALTH CARE 20
318+PROVIDED; 21
328319
329- [(e)] (F) “Committee” means the Physician Assistant Advisory Committee.
330- Ch. 919 2024 LAWS OF MARYLAND
320+ 2. ACCESSING AND ASSESSM ENT OF APPROPRIATE 22
321+ADDITIONAL RESOURCES OR EXPERTISE; AND 23
331322
332-– 8 –
333- [(f)] (G) “Controlled dangerous substances” has the meaning stated in § 5–101
334-of the Criminal Law Article.
323+ 3. ARRANGEMENT OF APPROP RIATE REFERRALS , 24
324+TESTING, OR STUDIES. 25
335325
336- [(g)] (H) “Correctional facility” includes a State or local correctional facility.
326+ (2) “COLLABORATION ” DOES NOT REQUIRE THE CONSTANT, 26
327+PHYSICAL PRESENCE OF A COLLABORATING PHYS ICIAN ON–SITE IN THE PRACTICE 27
328+SETTING, IF THE COLLABORATING PHYSICIAN IS ACCESSI BLE BY ELECTRONIC 28
329+MEANS. 29
337330
338- [(h) “Delegated medical acts” means activities that constitute the practice of
339-medicine delegated by a physician under Title 14 of this article.
331+ (E) “COLLABORATION AGREEME NT” MEANS A DOCUMENT THA T: 30
340332
341- (i) “Delegation agreement” means a document that is executed by a primary
342-supervising physician and a physician assistant containing the requirements of § 15–302
343-of this title.
333+ (1) OUTLINES THE COLLABOR ATION BETWEEN A PHYS ICIAN 31
334+ASSISTANT AND: 32 8 SENATE BILL 167
344335
345- (i–1)] (I) “Disciplinary panel” means a disciplinary panel of the Board
346-established under § 14–401 of this article.
347336
348- (j) “Dispense” or “dispensing” has the meaning stated in § 12–101 of this article.
349337
350- (k) “Drug sample” means a unit of a prescription drug that is intended to promote
351-the sale of the drug and is not intended for sale.
338+ (I) AN INDIVIDUAL PHYSICI AN; OR 1
352339
353- (l) “Hospital” means:
340+ (II) A GROUP OF PHYSICIANS ; AND 2
354341
355- (1) A hospital as defined under § 19–301 of the Health – General Article;
342+ (2) IS DEVELOPED BY A PHY SICIAN ASSISTANT AND THE PHYSICIAN 3
343+OR GROUP OF PHYSICIA NS; AND 4
356344
357- (2) A comprehensive care facility that:
345+ (3) IS SUBMITTED TO THE BOARD. 5
358346
359- (i) Meets the requirements of a hospital–based skilled nursing
360-facility under federal law; and
347+ [(e)] (F) “Committee” means the Physician Assistant Advisory Committee. 6
361348
362- (ii) Offers acute care in the same building; and
349+ [(f)] (G) “Controlled dangerous substances” has the meaning stated in § 5–101 7
350+of the Criminal Law Article. 8
363351
364- (3) An emergency room that is physically connected to a hospital or a
365-freestanding medical facility that is licensed under Title 19, Subtitle 3A of the Health –
366-General Article.
352+ [(g)] (H) “Correctional facility” includes a State or local correctional facility. 9
367353
368- (m) “License” means a license issued by the Board to a physician assistant under
369-this title.
354+ [(h) “Delegated medical acts” means activities that constitute the practice of 10
355+medicine delegated by a physician under Title 14 of this article. 11
370356
371- (n) “National certifying examination” means the Physician Assistant National
372-Certifying Examination administered by the National Commission on Certification of
373-Physician Assistants or its successor.
357+ (i) “Delegation agreement” means a document that is executed by a primary 12
358+supervising physician and a physician assistant containing the requirements of § 15–302 13
359+of this title. 14
374360
375- (O) “PATIENT CARE TEAM ” MEANS A MULTIDISCIPL INARY TEAM OF HEALTH
376-CARE PROVIDERS ACTIV ELY FUNCTIONING AS A UNIT IN CONSULTATION WITH THE
377-LEADERSHIP OF ONE OR MORE PATIENT CARE TEAM PHYSICIANS FOR THE PURPOSE WES MOORE, Governor Ch. 919
361+ (i–1)] (I) “Disciplinary panel” means a disciplinary panel of the Board 15
362+established under § 14–401 of this article. 16
378363
379-– 9 –
380-OF PROVIDING AND DEL IVERING HEALTH CARE TO A PATIENT OR GROU P OF
381-PATIENTS.
364+ (j) “Dispense” or “dispensing” has the meaning stated in § 12–101 of this article. 17
382365
383- (P) “PATIENT CARE TEAM PHY SICIAN” MEANS A LICENSED PHY SICIAN WHO
384-REGULARLY PRACTICES IN THE STATE AND WHO PROVIDE S CONSULTATION
385-LEADERSHIP IN THE CARE OF PATIE NTS AS PART OF A PA TIENT CARE TEAM .
366+ (k) “Drug sample” means a unit of a prescription drug that is intended to promote 18
367+the sale of the drug and is not intended for sale. 19
386368
387- [(o)] (Q) “Physician assistant” means an individual who is licensed under this
388-title to practice [medicine with physician supervision] AS A PHYSICIAN ASSIS TANT.
369+ (l) “Hospital” means: 20
389370
390- [(p)] (R) “Practice as a physician assistant” means the performance of medical
391-acts that are:
371+ (1) A hospital as defined under § 19–301 of the Health – General Article; 21
392372
393- [(1) Delegated by a supervising physician to a physician assistant;
373+ (2) A comprehensive care facility that: 22
394374
395- (2) Within the supervising physician’s scope of practice; and
375+ (i) Meets the requirements of a hospital–based skilled nursing 23
376+facility under federal law; and 24
396377
397- (3) Appropriate to the physician assistant’s education, training, and
398-experience]
378+ (ii) Offers acute care in the same building; and 25
399379
400- (1) AUTHORIZED UNDER A LICENSE ISSUED BY THE BOARD; AND
380+ (3) An emergency room that is physically connected to a hospital or a 26
381+freestanding medical facility that is licensed under Title 19, Subtitle 3A of the Health – 27
382+General Article. 28 SENATE BILL 167 9
401383
402- (2) AUTHORIZED UNDER THE PHYSICIAN ASSISTANT ’S
403-COLLABORATION AGREEM ENT.
404384
405- [(q)] (S) “Prescriptive authority” means the authority [delegated by a primary
406-or alternate supervising physician to] OF a physician assistant to:
407385
408- (1) Prescribe and administer controlled dangerous substances, prescription
409-drugs, medical devices, and the oral, written, or electronic ordering of medications; and
386+ (m) “License” means a license issued by the Board to a physician assistant under 1
387+this title. 2
410388
411- (2) Dispense as provided under [§ 15–302.2(b), (c), and (d)] § 15–302.1 of
412-this title.
389+ (n) “National certifying examination” means the Physician Assistant National 3
390+Certifying Examination administered by the National Commission on Certification of 4
391+Physician Assistants or its successor. 5
413392
414- [(r) “Primary supervising physician” means a physician who:
393+ (O) “PATIENT CARE TEAM ” MEANS A MULTIDISCIPL INARY TEAM OF HEALTH 6
394+CARE PROVIDERS ACTIV ELY FUNCTIONING AS A UNIT IN CONSULTATION WITH THE 7
395+LEADERSHIP OF ONE OR MORE PATIENT CARE TEAM PHYSICIANS FOR THE PURPOSE 8
396+OF PROVIDING AND DEL IVERING HEALTH CARE TO A PATIENT OR GROU P OF 9
397+PATIENTS. 10
415398
416- (1) Completes a delegation agreement that meets the requirements under
417-§§ 15–301(d) and (e) and 15–302 of this title and files a copy with the Board;
399+ (P) “PATIENT CARE TEAM PHY SICIAN” MEANS A LICENSED PHY SICIAN WHO 11
400+REGULARLY PRACTICES IN THE STATE AND WHO PROVIDE S CONSULTATION 12
401+LEADERSHIP IN THE CARE OF PATIE NTS AS PART OF A PAT IENT CARE TEAM . 13
418402
419- (2) Acts as the physician responsible to ensure that a physician assistant
420-practices medicine in accordance with this title and the regulations adopted under this title;
403+ [(o)] (Q) Physician assistant” means an individual who is licensed under this 14
404+title to practice [medicine with physician supervision] AS A PHYSICIAN ASSIS TANT. 15
421405
422- (3) Ensures that a physician assistant practices within the scope of practice
423-of the primary supervising physician or any designated alternate supervising physician;
424-and Ch. 919 2024 LAWS OF MARYLAND
406+ [(p)] (R) “Practice as a physician assistant” means the performance of medical 16
407+acts that are: 17
425408
426-– 10 –
409+ [(1) Delegated by a supervising physician to a physician assistant; 18
427410
428- (4) Ensures that a list of alternate supervising physicians is maintained at
429-the practice setting.]
411+ (2) Within the supervising physician’s scope of practice; and 19
430412
431- [(s)] (T) “Public health facility” means a site where clinical public health
432-services are rendered under the auspices of the Department, a local health department in
433-a county, or the Baltimore City Health Department.
413+ (3) Appropriate to the physician assistant’s education, training, and 20
414+experience] 21
434415
435- [(t)] (U) “Starter dosage” means an amount of a drug sufficient to begin therapy:
416+ (1) AUTHORIZED UNDER A LI CENSE ISSUED BY THE BOARD; AND 22
436417
437- (1) Of short duration of 72 hours or less; or
418+ (2) AUTHORIZED UNDER THE PHYSICIAN ASSISTANT’S 23
419+COLLABORATION AGREEM ENT. 24
438420
439- (2) Prior to obtaining a larger quantity of the drug to complete therapy.
421+ [(q)] (S) “Prescriptive authority” means the authority [delegated by a primary 25
422+or alternate supervising physician to] OF a physician assistant to: 26
440423
441- [(u) (1) “Supervision” means the responsibility of a physician to exercise
442-on–site supervision or immediately available direction for physician assistants performing
443-delegated medical acts.
424+ (1) Prescribe and administer controlled dangerous substances, prescription 27
425+drugs, medical devices, and the oral, written, or electronic ordering of medications; and 28
444426
445- (2) “Supervision” includes physician oversight of and acceptance of direct
446-responsibility for the patient services and care rendered by a physician assistant, including
447-continuous availability to the physician assistant in person, through written instructions,
448-or by electronic means and by designation of one or more alternate supervising physicians.]
427+ (2) Dispense as provided under [§ 15–302.2(b), (c), and (d)] § 15–302.1 of 29
428+this title. 30
429+ 10 SENATE BILL 167
449430
450-15–103.
451431
452- (a) In this section, “alternative health care system” has the meaning stated in §
453-1–401 of this article.
432+ [(r) “Primary supervising physician” means a physician who: 1
454433
455- (b) (1) Subject to paragraph (2) of this subsection, an employer of a physician
456-assistant shall report to the Board, on the form prescribed by the Board, any termination
457-of employment of the physician assistant if the cause of termination is related to a quality
458-of care issue.
434+ (1) Completes a delegation agreement that meets the requirements under 2
435+§§ 15–301(d) and (e) and 15–302 of this title and files a copy with the Board; 3
459436
460- (2) Subject to subsection (d) of this section, a [supervising physician]
461-PHYSICIAN OR GROUP O F PHYSICIANS THAT DE VELOPS A COLLABORATI ON
462-AGREEMENT WITH A PHY SICIAN ASSISTANT or an employer of a physician assistant shall
463-notify the Board within 10 days of the termination of employment of the physician assistant
464-for reasons that would be grounds for discipline under this title.
437+ (2) Acts as the physician responsible to ensure that a physician assistant 4
438+practices medicine in accordance with this title and the regulations adopted under this title; 5
465439
466- (3) A [supervising physician and a] PHYSICIAN OR GROUP O F
467-PHYSICIANS THAT DEVE LOPS A COLLABORATION AGREEMENT WITH A PHY SICIAN
468-ASSISTANT OR THE physician assistant shall notify the Board within 10 days of the
469-termination of the relationship under a [delegation agreement for any reason]
470-COLLABORATION AGREEMENT .
471- WES MOORE, Governor Ch. 919
440+ (3) Ensures that a physician assistant practices within the scope of practice 6
441+of the primary supervising physician or any designated alternate supervising physician; 7
442+and 8
472443
473-– 11 –
474- (c) Except as otherwise provided under subsections (b) and (d) of this section, a
475-hospital, a related institution, an alternative health care system, or an employer of a
476-physician assistant shall report to the Board any limitation, reduction, or other change of
477-the terms of employment of the physician assistant or any termination of employment of
478-the physician assistant for any reason that might be grounds for disciplinary action under
479-§ 15–314 of this title.
444+ (4) Ensures that a list of alternate supervising physicians is maintained at 9
445+the practice setting.] 10
480446
481- (d) A hospital, related institution, alternative health care system, or employer
482-that has reason to know that a physician assistant has committed an action or has a
483-condition that might be grounds for reprimand or probation of the physician assistant or
484-suspension or revocation of the license of the physician assistant under § 15–314 of this
485-title because the physician assistant is alcohol– or drug–impaired is not required to report
486-to the Board if:
447+ [(s)] (T) “Public health facility” means a site where clinical public health 11
448+services are rendered under the auspices of the Department, a local health department in 12
449+a county, or the Baltimore City Health Department. 13
487450
488- (1) The hospital, related institution, alternative health care system, or
489-employer knows that the physician assistant is:
451+ [(t)] (U) “Starter dosage” means an amount of a drug sufficient to begin therapy: 14
490452
491- (i) In an alcohol or drug treatment program that is accredited by the
492-Joint Commission on the Accreditation of Healthcare Organizations or is certified by the
493-Department; or
453+ (1) Of short duration of 72 hours or less; or 15
494454
495- (ii) Under the care of a health care practitioner who is competent
496-and capable of dealing with alcoholism and drug abuse;
455+ (2) Prior to obtaining a larger quantity of the drug to complete therapy. 16
497456
498- (2) The hospital, related institution, alternative health care system, or
499-employer is able to verify that the physician assistant remains in the treatment program
500-until discharge; and
457+ [(u) (1) “Supervision” means the responsibility of a physician to exercise 17
458+on–site supervision or immediately available direction for physician assistants performing 18
459+delegated medical acts. 19
501460
502- (3) The action or condition of the physician assistant has not caused injury
503-to any person while the physician assistant is practicing as a licensed physician assistant.
461+ (2) “Supervision” includes physician oversight of and acceptance of direct 20
462+responsibility for the patient services and care rendered by a physician assistant, including 21
463+continuous availability to the physician assistant in person, through written instructions, 22
464+or by electronic means and by designation of one or more alternate supervising physicians.] 23
504465
505- (e) (1) If the physician assistant enters, or is considering entering, an alcohol
506-or drug treatment program that is accredited by the Joint Commission on Accreditation of
507-Healthcare Organizations or that is certified by the Department, the physician assistant
508-shall notify the hospital, related institution, alternative health care system, or employer of
509-the physician assistant’s decision to enter the treatment program.
466+15–103. 24
510467
511- (2) If the physician assistant fails to provide the notice required under
512-paragraph (1) of this subsection, and the hospital, related institution, alternative health
513-care system, or employer learns that the physician assistant has entered a treatment
514-program, the hospital, related institution, alternative health care system, or employer shall
515-report to the Board that the physician assistant has entered a treatment program and has
516-failed to provide the required notice.
468+ (a) In this section, “alternative health care system” has the meaning stated in § 25
469+1–401 of this article. 26
517470
518- (3) If the physician assistant is found to be noncompliant with the
519-treatment program’s policies and procedures while in the treatment program, the Ch. 919 2024 LAWS OF MARYLAND
471+ (b) (1) Subject to paragraph (2) of this subsection, an employer of a physician 27
472+assistant shall report to the Board, on the form prescribed by the Board, any termination 28
473+of employment of the physician assistant if the cause of termination is related to a quality 29
474+of care issue. 30
520475
521-– 12 –
522-treatment program shall notify the hospital, related institution, alternative health care
523-system, or employer of the physician assistant’s noncompliance.
476+ (2) Subject to subsection (d) of this section, a [supervising physician] 31
477+PHYSICIAN OR GROUP O F PHYSICIANS THAT DE VELOPS A COLLABORATI ON 32 SENATE BILL 167 11
524478
525- (4) On receipt of the notification required under paragraph (3) of this
526-subsection, the hospital, related institution, alternative health care system, or employer of
527-the physician assistant shall report the physician assistant’s noncompliance to the Board.
528479
529- (f) A person is not required under this section to make any report that would be
530-in violation of any federal or State law, rule, or regulation concerning the confidentiality of
531-alcohol– and drug–abuse patient records.
480+AGREEMENT WITH A PHY SICIAN ASSISTANT or an employer of a physician assistant shall 1
481+notify the Board within 10 days of the termination of employment of the physician assistant 2
482+for reasons that would be grounds for discipline under this title. 3
532483
533- (g) The hospital, related institution, alternative health care system, or employer
534-shall submit the report within 10 days of any action described in this section.
484+ (3) A [supervising physician and a] PHYSICIAN OR GROUP O F 4
485+PHYSICIANS THAT DEVE LOPS A COLLABORATION AGREEMENT WITH A PHY SICIAN 5
486+ASSISTANT OR THE physician assistant shall notify the Board within 10 days of the 6
487+termination of the relationship under a [delegation agreement for any reason] 7
488+COLLABORATION AGREEM ENT. 8
535489
536- (h) A report under this section is not subject to subpoena or discovery in any civil
537-action other than a proceeding arising out of a hearing and decision of the Board or a
538-disciplinary panel under this title.
490+ (c) Except as otherwise provided under subsections (b) and (d) of this section, a 9
491+hospital, a related institution, an alternative health care system, or an employer of a 10
492+physician assistant shall report to the Board any limitation, reduction, or other change of 11
493+the terms of employment of the physician assistant or any termination of employment of 12
494+the physician assistant for any reason that might be grounds for disciplinary action under 13
495+§ 15–314 of this title. 14
539496
540- (i) (1) A disciplinary panel may impose a civil penalty of up to $1,000 for
541-failure to report under this section.
497+ (d) A hospital, related institution, alternative health care system, or employer 15
498+that has reason to know that a physician assistant has committed an action or has a 16
499+condition that might be grounds for reprimand or probation of the physician assistant or 17
500+suspension or revocation of the license of the physician assistant under § 15–314 of this 18
501+title because the physician assistant is alcohol– or drug–impaired is not required to report 19
502+to the Board if: 20
542503
543- (2) The Board shall pay any fees collected under this subsection into the
544-General Fund of the State.
504+ (1) The hospital, related institution, alternative health care system, or 21
505+employer knows that the physician assistant is: 22
545506
546- (j) An employer shall make the report required under this section to the Board
547-within 5 days after the date of termination of employment.
507+ (i) In an alcohol or drug treatment program that is accredited by the 23
508+Joint Commission on the Accreditation of Healthcare Organizations or is certified by the 24
509+Department; or 25
548510
549- (k) The Board shall adopt regulations to implement the provisions of this section.
511+ (ii) Under the care of a health care practitioner who is competent 26
512+and capable of dealing with alcoholism and drug abuse; 27
550513
551-15–202.
514+ (2) The hospital, related institution, alternative health care system, or 28
515+employer is able to verify that the physician assistant remains in the treatment program 29
516+until discharge; and 30
552517
553- (a) (1) The Committee shall consist of 7 members appointed by the Board.
518+ (3) The action or condition of the physician assistant has not caused injury 31
519+to any person while the physician assistant is practicing as a licensed physician assistant. 32
554520
555- (2) Of the 7 Committee members:
521+ (e) (1) If the physician assistant enters, or is considering entering, an alcohol 33
522+or drug treatment program that is accredited by the Joint Commission on Accreditation of 34
523+Healthcare Organizations or that is certified by the Department, the physician assistant 35
524+shall notify the hospital, related institution, alternative health care system, or employer of 36
525+the physician assistant’s decision to enter the treatment program. 37 12 SENATE BILL 167
556526
557- (i) 3 shall be licensed physicians;
558527
559- (ii) 3 shall be licensed physician assistants; and
560528
561- (iii) 1 shall be a consumer.
529+ (2) If the physician assistant fails to provide the notice required under 1
530+paragraph (1) of this subsection, and the hospital, related institution, alternative health 2
531+care system, or employer learns that the physician assistant has entered a treatment 3
532+program, the hospital, related institution, alternative health care system, or employer shall 4
533+report to the Board that the physician assistant has entered a treatment program and has 5
534+failed to provide the required notice. 6
562535
563- (b) Of the three physician members of the Committee, two shall [be previously or
564-currently serving as supervising physicians of a physician assistant under a
565-Board–approved delegation agreement] HAVE DEVELOPED A COL LABORATION
566-CURRENTLY SERVING AS A PATIENT CARE TEAM PHYSICIAN UNDER A
567-COLLABORATION AGREEMENT WITH A PHY SICIAN ASSISTANT . WES MOORE, Governor Ch. 919
536+ (3) If the physician assistant is found to be noncompliant with the 7
537+treatment program’s policies and procedures while in the treatment program, the 8
538+treatment program shall notify the hospital, related institution, alternative health care 9
539+system, or employer of the physician assistant’s noncompliance. 10
568540
569-– 13 –
541+ (4) On receipt of the notification required under paragraph (3) of this 11
542+subsection, the hospital, related institution, alternative health care system, or employer of 12
543+the physician assistant shall report the physician assistant’s noncompliance to the Board. 13
570544
571-15–205.
545+ (f) A person is not required under this section to make any report that would be 14
546+in violation of any federal or State law, rule, or regulation concerning the confidentiality of 15
547+alcohol– and drug–abuse patient records. 16
572548
573- (a) In addition to the powers set forth elsewhere in this title, the Committee, on
574-its initiative or on the Board’s request, may:
549+ (g) The hospital, related institution, alternative health care system, or employer 17
550+shall submit the report within 10 days of any action described in this section. 18
575551
576- (1) Recommend to the Board regulations for carrying out the provisions of
577-this title;
552+ (h) A report under this section is not subject to subpoena or discovery in any civil 19
553+action other than a proceeding arising out of a hearing and decision of the Board or a 20
554+disciplinary panel under this title. 21
578555
579- (2) Recommend to the Board approval, modification, or disapproval of an
580-application for licensure [or a delegation agreement];
556+ (i) (1) A disciplinary panel may impose a civil penalty of up to $1,000 for 22
557+failure to report under this section. 23
581558
582- (3) Report to the Board any conduct of a [supervising physician]
583-PHYSICIAN OR GROUP O F PHYSICIANS WHO DEVELOPS A COLLA BORATION
584-AGREEMENT WITH A PHY SICIAN ASSISTANT or a physician assistant that may be cause
585-for disciplinary action under this title or under § 14–404 of this article; and
559+ (2) The Board shall pay any fees collected under this subsection into the 24
560+General Fund of the State. 25
586561
587- (4) Report to the Board any alleged unauthorized practice of a physician
588-assistant.
562+ (j) An employer shall make the report required under this section to the Board 26
563+within 5 days after the date of termination of employment. 27
589564
590-15–301.
565+ (k) The Board shall adopt regulations to implement the provisions of this section. 28
591566
592- (a) [Nothing in this] THIS title may NOT be construed to authorize a physician
593-assistant to practice [independent of a primary or alternate supervising physician]
594-INDEPENDENTLY .
567+15–202. 29
595568
596- (b) A license issued to a physician assistant shall limit the physician assistant’s
597-scope of practice to medical acts:
569+ (a) (1) The Committee shall consist of 7 members appointed by the Board. 30
598570
599- [(1) Delegated by the primary or alternate supervising physician;]
571+ (2) Of the 7 Committee members: 31
600572
601- [(2)] (1) Appropriate to the education, training, and experience of the
602-physician assistant;
573+ (i) 3 shall be licensed physicians; 32
574+ SENATE BILL 167 13
603575
604- [(3)] (2) Customary to the practice of the [primary or alternate
605-supervising] physician; and
606576
607- (2) CUSTOMARY TO THE PRAC TICE OF A PATIENT CA RE TEAM
608-PHYSICIAN; AND
577+ (ii) 3 shall be licensed physician assistants; and 1
609578
610- [(4)] (3) Consistent with the [delegation] COLLABORATION agreement
611-filed with the Board.
579+ (iii) 1 shall be a consumer. 2
612580
613- (3) IN A MANNER CONSISTENT WITH THE COLLABORATI ON
614-AGREEMENT . Ch. 919 2024 LAWS OF MARYLAND
581+ (b) Of the three physician members of the Committee, two shall [be previously or 3
582+currently serving as supervising physicians of a physician assistant under a 4
583+Board–approved delegation agreement] HAVE DEVELOPED A COL LABORATION 5
584+CURRENTLY SERVING AS A PATIENT CA RE TEAM PHYSICIAN UN DER A 6
585+COLLABORATION AGREEMENT WITH A PHY SICIAN ASSISTANT . 7
615586
616- 14 –
587+15205. 8
617588
618- (c) Patient services that may be provided by a physician assistant UNDER A
619-COLLABORATION AGREEM ENT include:
589+ (a) In addition to the powers set forth elsewhere in this title, the Committee, on 9
590+its initiative or on the Board’s request, may: 10
620591
621- [(1) (i) Taking complete, detailed, and accurate patient histories; and
592+ (1) Recommend to the Board regulations for carrying out the provisions of 11
593+this title; 12
622594
623- (ii) Reviewing patient records to develop comprehensive medical
624-status reports;
595+ (2) Recommend to the Board approval, modification, or disapproval of an 13
596+application for licensure [or a delegation agreement]; 14
625597
626- (2) Performing physical examinations and recording all pertinent patient
627-data;
598+ (3) Report to the Board any conduct of a [supervising physician] 15
599+PHYSICIAN OR GROUP OF PHY SICIANS WHO DEVELOPS A COLLA BORATION 16
600+AGREEMENT WITH A PHY SICIAN ASSISTANT or a physician assistant that may be cause 17
601+for disciplinary action under this title or under § 14–404 of this article; and 18
628602
629- (3) Interpreting and evaluating patient data as authorized by the primary
630-or alternate supervising physician for the purpose of determining management and
631-treatment of patients;
603+ (4) Report to the Board any alleged unauthorized practice of a physician 19
604+assistant. 20
632605
633- (4) Initiating requests for or performing diagnostic procedures as indicated
634-by pertinent data and as authorized by the supervising physician;
606+15–301. 21
635607
636- (5) Providing instructions and guidance regarding medical care matters to
637-patients;
608+ (a) [Nothing in this] THIS title may NOT be construed to authorize a physician 22
609+assistant to practice [independent of a primary or alternate supervising physician] 23
610+INDEPENDENTLY . 24
638611
639- (6) Assisting the primary or alternate supervising physician in the delivery
640-of services to patients who require medical care in the home and in health care institutions,
641-including:
612+ (b) A license issued to a physician assistant shall limit the physician assistant’s 25
613+scope of practice to medical acts: 26
642614
643- (i) Recording patient progress notes;
615+ [(1) Delegated by the primary or alternate supervising physician;] 27
644616
645- (ii) Issuing diagnostic orders; and
617+ [(2)] (1) Appropriate to the education, training, and experience of the 28
618+physician assistant; 29
646619
647- (iii) Transcribing or executing specific orders at the direction of the
648-primary or alternate supervising physician; and
620+ [(3)] (2) Customary to the practice of the [primary or alternate 30
621+supervising] physician; and 31
622+ 14 SENATE BILL 167
649623
650- (7) Exercising prescriptive authority under a delegation agreement and in
651-accordance with § 15–302.2 of this subtitle.]
652624
653- (1) OBTAINING COMPREHENSI VE HEALTH HISTORIES ;
625+ (2) CUSTOMARY TO THE PRAC TICE OF A PATIENT CA RE TEAM 1
626+PHYSICIAN; AND 2
654627
655- (2) PERFORMING PHYSICAL E XAMINATIONS ;
628+ [(4)] (3) Consistent with the [delegation] COLLABORATION agreement 3
629+filed with the Board. 4
656630
657- (3) EVALUATING, DIAGNOSING, MANAGING, AND PROVIDING
658-MEDICAL TREATMENT ;
631+ (3) IN A MANNER CONSISTEN T WITH THE COLLABORA TION 5
632+AGREEMENT . 6
659633
660- (4) ORDERING, PERFORMING , AND INTERPRETING DIA GNOSTIC
661-STUDIES, THERAPEUTIC PROCEDUR ES, AND LABORATORY TESTS ; WES MOORE, Governor Ch. 919
634+ (c) Patient services that may be provided by a physician assistant UNDER A 7
635+COLLABORATION AGREEM ENT include: 8
662636
663-– 15 –
637+ [(1) (i) Taking complete, detailed, and accurate patient histories; and 9
664638
665- (5) ORDERING DIAGNOSTIC T ESTS AND USING THE F INDINGS OR
666-RESULTS IN THE CARE OF PATIENTS;
639+ (ii) Reviewing patient records to develop comprehensive medical 10
640+status reports; 11
667641
668- (4) INTERPRETING AND EVAL UATING PATIENT DATA AS AUTHORIZED
669-BY A PATIENT CARE TE AM PHYSICIAN FOR THE PURPOSE OF DETERMINI NG
670-MANAGEMENT AND TREAT MENT OF PATIENTS ;
642+ (2) Performing physical examinations and recording all pertinent patient 12
643+data; 13
671644
672- (5) INITIATING REQUESTS F OR OR PERFORMING DIA GNOSTIC
673-PROCEDURES AS INDICA TED BY PERTINENT DAT A AND AS AUTHORIZED BY A
674-PATIENT CARE TEAM PH YSICIAN;
645+ (3) Interpreting and evaluating patient data as authorized by the primary 14
646+or alternate supervising physician for the purpose of determining management and 15
647+treatment of patients; 16
675648
676- (6) EXERCISING PRESCRIPTI VE AUTHORITY IN ACCO RDANCE WITH §
677-15–302.1 15–302.2 OF THIS SUBTITLE;
649+ (4) Initiating requests for or performing diagnostic procedures as indicated 17
650+by pertinent data and as authorized by the supervising physician; 18
678651
679- (7) INFORMING PATIENTS AB OUT HEALTH PROMOTION AND DISEASE
680-PREVENTION ;
652+ (5) Providing instructions and guidance regarding medical care matters to 19
653+patients; 20
681654
682- (8) PROVIDING CONSULTATIO NS;
655+ (6) Assisting the primary or alternate supervising physician in the delivery 21
656+of services to patients who require medical care in the home and in health care institutions, 22
657+including: 23
683658
684- (9) WRITING MEDICAL ORDER S;
659+ (i) Recording patient progress notes; 24
685660
686- (10) PROVIDING SERVICES IN HEALTH CARE FACILITI ES, INCLUDING
687-HOSPITALS, NURSING FACILITIES , ASSISTED LIVING FACI LITIES, AND HOSPICE
688-FACILITIES;
661+ (ii) Issuing diagnostic orders; and 25
689662
690- (11) (10) OBTAINING INFORMED CO NSENT;
663+ (iii) Transcribing or executing specific orders at the direction of the 26
664+primary or alternate supervising physician; and 27
691665
692- (12) DELEGATING OR ASSIGNI NG THERAPEUTIC AND DIAG NOSTIC
693-MEASURES TO BE PERFO RMED BY LICENSED OR UNLICENSED PERSONNEL AND
694-SUPERVISING LICENSED OR UNLICENSED PERSON NEL PERFORMING THERA PEUTIC
695-AND DIAGNOSTIC MEASU RES;
666+ (7) Exercising prescriptive authority under a delegation agreement and in 28
667+accordance with § 15–302.2 of this subtitle.] 29
696668
697- (11) DELEGATING MEDICAL AC TS TO LICENSED OR UN LICENSED
698-PERSONNEL AS AUTHORIZED UNDER § 14–306 OF THIS ARTICLE IF T HE PHYSICIAN
699-ASSISTANT HAS AT LEA ST 7,000 HOURS OF CLINICAL PR ACTICE EXPERIENCE ; AND
669+ (1) OBTAINING COMPREHENSI VE HEALTH HISTORIES ; 30
670+ SENATE BILL 167 15
700671
701- (13) (12) CERTIFYING A PATIENT ’S HEALTH OR DISABILI TY AS
702-REQUIRED BY A FEDERA L, STATE, OR LOCAL PROGRAM ; AND
703672
704- (14) AUTHENTICATING ANY DO CUMENT THAT A PHYSIC IAN MAY
705-AUTHENTICATE THROUGH SIGNATURE, CERTIFICATION , STAMP VERIFICATION ,
706-AFFIDAVIT, OR ENDORSEMENT .
707- Ch. 919 2024 LAWS OF MARYLAND
673+ (2) PERFORMING PHYSICAL E XAMINATIONS ; 1
708674
709-– 16 –
710- (d) (1) Except as otherwise provided in this title, an individual shall be
711-licensed by the Board before the individual may practice as a physician assistant.
675+ (3) EVALUATING, DIAGNOSING, MANAGING, AND PROVIDING 2
676+MEDICAL TREAT MENT; 3
712677
713- (2) Except as otherwise provided in this title, a physician may not
714-[supervise] ENTER INTO A COLLABO RATION COLLABORATE WITH a physician assistant
715-in the performance of [delegated] medical acts without filing NOTIFYING THE BOARD OF
716-a completed [delegation] COLLABORATION agreement with the Board.
678+ (4) ORDERING, PERFORMING , AND INTERPRETING DIA GNOSTIC 4
679+STUDIES, THERAPEUTIC PROCEDUR ES, AND LABORATORY TESTS ; 5
717680
718- (3) Except as otherwise provided in this title or in a medical emergency, a
719-physician assistant may not perform any medical act for which:
681+ (5) ORDERING DIAGNOSTIC T ESTS AND USING THE F INDINGS OR 6
682+RESULTS IN THE CARE OF PATIENTS; 7
720683
721- (i) The FOR WHICH THE individual has not been licensed; and
684+ (4) INTERPRETING AND EVAL UATING PATIENT DATA AS AUTHORIZED 8
685+BY A PATIENT CARE TE AM PHYSICIAN FOR THE PURPOSE OF DETERMINI NG 9
686+MANAGEMENT AND TREAT MENT OF PATIENTS ; 10
722687
723- (ii) [The medical acts have not been delegated by a primary or
724-alternate supervising physician] THE INDIVIDUAL HAS NO T RECEIVED APPROPRIA TE
725-EDUCATION, TRAINING, AND EXPERIENCE
688+ (5) INITIATING REQUESTS F OR OR PERFORMING DIA GNOSTIC 11
689+PROCEDURES AS INDICA TED BY PERTINENT DAT A AND AS AUTHORIZED BY A 12
690+PATIENT CARE TEAM PH YSICIAN; 13
726691
727- (II) THAT HAS NOT BEEN DEL EGATED IN A MANNER
728-CONSISTENT WITH THE COLLABORATION AGREEM ENT;
692+ (6) EXERCISING PRESCRIPTI VE AUTHORITY IN ACCO RDANCE WITH § 14
693+15–302.1 15–302.2 OF THIS SUBTITLE; 15
729694
730- (III) THAT IS NOT APPROPRIA TE TO THE EDUCATION , TRAINING,
731-AND EXPERIENCE OF TH E PHYSICIAN ASSISTAN T; AND
695+ (7) INFORMING PATIENTS ABOUT HE ALTH PROMOTION AND D ISEASE 16
696+PREVENTION ; 17
732697
733- (IV) THAT IS NOT CUSTOMARY TO THE PRACTICE OF A PATIENT
734-CARE TEAM PHYSICIAN L ISTED ON THE COLLABO RATION AGREEMENT .
698+ (8) PROVIDING CONSULTATIO NS; 18
735699
736- [(e) A physician assistant is the agent of the primary or alternate supervising
737-physician in the performance of all practice–related activities, including the oral, written,
738-or electronic ordering of diagnostic, therapeutic, and other medical services.]
700+ (9) WRITING MEDICAL ORDER S; 19
739701
740- (E) A PHYSICIAN ASSISTANT SHALL CONSULT AND CO LLABORATE WITH OR
741-REFER AN INDIVIDUAL TO AN APPROPRIATE LI CENSED PHYSICIAN OR ANY OTHER
742-HEALTH CARE PROVIDER AS APPROPRIATE .
702+ (10) PROVIDING SERVICES IN HEALTH CARE FACILITI ES, INCLUDING 20
703+HOSPITALS, NURSING FACILITIES , ASSISTED LIVING FACI LITIES, AND HOSPICE 21
704+FACILITIES; 22
743705
744- (F) A PHYSICIAN ASSISTANT WHO HAS NO T BEEN PREVIOUSLY LI CENSED BY
745-THE BOARD TO PRACTICE AS A PHYSICIAN ASSISTAN T OR LICENSED, CERTIFIED, OR
746-REGISTERED AS A PHYS ICIAN ASSISTANT BY A NOTHER STATE REGULAT ORY
747-AUTHORITY SHALL BE M ENTORED BY A LICENSE D PHYSICIAN OR PHYSI CIANS WHO
748-ARE IDENTIFIED IN AN INITIAL COLLABORATIO N AGREEMENT TO CONSU LT AND
749-COLLABORATE WITH THE PHYSICIAN ASSISTANT FOR AT LEAST 18 MONTHS AFTER
750-THE DATE AN INITIAL COLLABORATION AGREEM ENT IS SUBMITTED TO THE BOARD.
706+ (11) (10) OBTAINING INFORMED CO NSENT; 23
751707
752- [(f)] (G) Except as OTHERWISE provided in [subsection (g) of this section] THIS
753-TITLE, the following individuals may practice as a physician assistant without a license: WES MOORE, Governor Ch. 919
708+ (12) DELEGATING OR ASSIGNI NG THERAPEUTIC AND D IAGNOSTIC 24
709+MEASURES TO BE PERFO RMED BY LICENSED OR UNLICENSED PERSONNEL AND 25
710+SUPERVISING LICENSED OR UNLICENSED PERSON NEL PERFORMING THERA PEUTIC 26
711+AND DIAGNO STIC MEASURES ; 27
754712
755-– 17 –
713+ (11) DELEGATING MEDICAL AC TS TO LICENSED OR UN LICENSED 28
714+PERSONNEL AS AUTHORI ZED UNDER § 14–306 OF THIS ARTICLE IF T HE PHYSICIAN 29
715+ASSISTANT HAS AT LEA ST 7,000 HOURS OF CLINICAL PR ACTICE EXPERIENCE ; AND 30
716+ 16 SENATE BILL 167
756717
757- (1) A physician assistant student enrolled in a physician assistant
758-educational program that is accredited by the Accreditation Review Commission on
759-Education for the Physician Assistant or its successor and approved by the Board; or
760718
761- (2) A physician assistant employed in the service of the federal government
762-while performing duties incident to that employment.
719+ (13) (12) CERTIFYING A PATIENT ’S HEALTH OR DISABILITY AS 1
720+REQUIRED BY A FEDERA L, STATE, OR LOCAL PROGRAM ; AND 2
763721
764- [(g) A physician may not delegate prescriptive authority to a physician assistant
765-student in a training program that is accredited by the Accreditation Review Commission
766-on Education for the Physician Assistant or its successor.]
722+ (14) AUTHENTICATING ANY DO CUMENT THAT A PHYSIC IAN MAY 3
723+AUTHENTICATE THROUGH SIGNATURE, CERTIFICATION , STAMP VERIFICATION , 4
724+AFFIDAVIT, OR ENDORSEMENT . 5
767725
768- (h) (G) (1) If a medical act that is to be [delegated] PERFORMED BY A
769-PHYSICIAN ASSISTANT under this section is a part of the practice of a health occupation
770-that is regulated under this article by another board, any rule or regulation concerning that
771-medical act shall be adopted jointly by the State Board of Physicians and the board that
772-regulates the other health occupation.
726+ (d) (1) Except as otherwise provided in this title, an individual shall be 6
727+licensed by the Board before the individual may practice as a physician assistant. 7
773728
774- (2) If the two boards cannot agree on a proposed rule or regulation, the
775-proposal shall be submitted to the Secretary for a final decision.
729+ (2) Except as otherwise provided in this title, a physician may not 8
730+[supervise] ENTER INTO A COLLABO RATION COLLABORATE WITH a physician assistant 9
731+in the performance of [delegated] medical acts without filing NOTIFYING THE BOARD OF 10
732+a completed [delegation] COLLABORATION agreement with the Board. 11
776733
777-15–302.
734+ (3) Except as otherwise provided in this title or in a medical emergency, a 12
735+physician assistant may not perform any medical act for which: 13
778736
779- (a) A physician [may delegate medical acts to a physician assistant only after:
737+ (i) The FOR WHICH THE individual has not been licensed; and 14
780738
781- (1) A delegation agreement has been executed and filed with the Board;
782-and
739+ (ii) [The medical acts have not been delegated by a primary or 15
740+alternate supervising physician] THE INDIVIDUAL HAS NO T RECEIVED APPROPRIA TE 16
741+EDUCATION, TRAINING, AND EXPERIENCE 17
783742
784- (2) Any advanced duties have been authorized as required under
785-subsection (c) of this section] ASSISTANT MAY PRACTI CE AS A PHYSICIAN AS SISTANT
786-ONLY AFTER SUBMITTING A COLLABO RATION AGREEMENT TO THE BOARD
787-PROVIDING NOTICE TO THE BOARD, IN A MANNER APPROVED BY THE BOARD, OF:
743+ (II) THAT HAS NOT BEEN DEL EGATED IN A MANNER 18
744+CONSISTENT WITH THE COLLABORATION AGREEM ENT; 19
788745
789- (1) THE EXECUTED COLLABOR ATION AGREEMENT ; AND
746+ (III) THAT IS NOT APPROPRIA TE TO THE EDUCATION , TRAINING, 20
747+AND EXPERIENCE OF TH E PHYSICIAN ASSISTAN T; AND 21
790748
791- (2) EACH PATIEN T CARE TEAM PHYSICIA N LISTED ON THE
792-COLLABORATION AGREEM ENT.
749+ (IV) THAT IS NOT CUSTOMARY TO THE PRACTICE OF A PATIENT 22
750+CARE TEAM PHYSICIAN LISTED ON THE COLLAB ORATION AGREEMENT . 23
793751
794- (b) (1) [The delegation agreement] SUBJECT TO PARAGRAPH (2) OF THIS
795-SUBSECTION, A A COLLABORATION AGREEM ENT shall contain:
752+ [(e) A physician assistant is the agent of the primary or alternate supervising 24
753+physician in the performance of all practice–related activities, including the oral, written, 25
754+or electronic ordering of diagnostic, therapeutic, and other medical services.] 26
796755
797- [(1)] (I) A description of the qualifications of the [primary supervising
798-physician and] PHYSICIAN ASSISTANT AND THE PHYSICIAN OR GROUP O F PHYSICIANS
799-WHO DEVELOPED THE CO LLABORATION AGREEMEN T WITH THE physician assistant;
800- Ch. 919 2024 LAWS OF MARYLAND
756+ (E) A PHYSICIAN ASSISTANT SHALL CONSULT AND CO LLABORATE WITH O R 27
757+REFER AN INDIVIDUAL TO AN APPROPRIATE LI CENSED PHYSICIAN OR ANY OTHER 28
758+HEALTH CARE PROVIDER AS APPROPRIATE . 29
801759
802-– 18 –
803- (II) ANY PRACTICE SPECIALT Y OF THE PHYSICIAN O R GROUP OF
804-PHYSICIANS; AND
760+ (F) A PHYSICIAN ASSISTANT WHO HAS NOT BEEN PRE VIOUSLY LICENSED BY 30
761+THE BOARD TO PRACTICE AS A PHYSICIAN ASSISTAN T OR LICENSED, CERTIFIED, OR 31
762+REGISTERED AS A PHYS ICIAN ASSISTANT BY A NOTHER STATE REGULAT ORY 32
763+AUTHORITY SHALL BE M ENTORED BY A LICENSE D PHYSICIAN OR PHYSI CIANS WHO 33 SENATE BILL 167 17
805764
806- [(2)] (III) A description of the settings in which the physician assistant will
807-practice[;
808765
809- (3) A description of the continuous physician supervision mechanisms that
810-are reasonable and appropriate to the practice setting;
766+ARE IDENTIFIED IN AN INITIAL COLLABORATIO N AGREEMENT TO CONSU LT AND 1
767+COLLABORATE WITH THE PHYSICIAN ASSISTANT FOR AT LEAST 18 MONTHS AFTER 2
768+THE DATE AN INITIAL COLLABORATION AGREEM ENT IS SUBMITTED TO THE BOARD. 3
811769
812- (4) A description of the delegated medical acts that are within the primary
813-or alternate supervising physician’s scope of practice and require specialized education or
814-training that is consistent with accepted medical practice;
770+ [(f)] (G) Except as OTHERWISE provided in [subsection (g) of this section] THIS 4
771+TITLE, the following individuals may practice as a physician assistant without a license: 5
815772
816- (5) An attestation that all medical acts to be delegated to the physician
817-assistant are within the scope of practice of the primary or alternate supervising physician
818-and appropriate to the physician assistant’s education, training, and level of competence;
773+ (1) A physician assistant student enrolled in a physician assistant 6
774+educational program that is accredited by the Accreditation Review Commission on 7
775+Education for the Physician Assistant or its successor and approved by the Board; or 8
819776
820- (6) An attestation of continuous supervision of the physician assistant by
821-the primary supervising physician through the mechanisms described in the delegation
822-agreement;
777+ (2) A physician assistant employed in the service of the federal government 9
778+while performing duties incident to that employment. 10
823779
824- (7) An attestation by the primary supervising physician of the physician’s
825-acceptance of responsibility for any care given by the physician assistant;
780+ [(g) A physician may not delegate prescriptive authority to a physician assistant 11
781+student in a training program that is accredited by the Accreditation Review Commission 12
782+on Education for the Physician Assistant or its successor.] 13
826783
827- (8) A description prepared by the primary supervising physician of the
828-process by which the physician assistant’s practice is reviewed appropriate to the practice
829-setting and consistent with current standards of acceptable medical practice;
784+ (h) (G) (1) If a medical act that is to be [delegated] PERFORMED BY A 14
785+PHYSICIAN ASSISTANT under this section is a part of the practice of a health occupation 15
786+that is regulated under this article by another board, any rule or regulation concerning that 16
787+medical act shall be adopted jointly by the State Board of Physicians and the board that 17
788+regulates the other health occupation. 18
830789
831- (9) An attestation by the primary supervising physician that the physician
832-will respond in a timely manner when contacted by the physician assistant;
790+ (2) If the two boards cannot agree on a proposed rule or regulation, the 19
791+proposal shall be submitted to the Secretary for a final decision. 20
833792
834- (10) The following statement: “The primary supervising physician and the
835-physician assistant attest that:
793+15–302. 21
836794
837- (i) They will establish a plan for the types of cases that require a
838-physician plan of care or require that the patient initially or periodically be seen by the
839-supervising physician; and
795+ (a) A physician [may delegate medical acts to a physician assistant only after: 22
840796
841- (ii) The patient will be provided access to the supervising physician
842-on request”; and
797+ (1) A delegation agreement has been executed and filed with the Board; 23
798+and 24
843799
844- (11) Any other information deemed necessary by the Board to carry out the
845-provisions of this subtitle].
846- WES MOORE, Governor Ch. 919
800+ (2) Any advanced duties have been authorized as required under 25
801+subsection (c) of this section] ASSISTANT MAY PRACTI CE AS A PHYSICIAN AS SISTANT 26
802+ONLY AFTER SUBMITTING A COLLABO RATION AGREEMENT TO THE BOARD 27
803+PROVIDING NOTICE TO THE BOARD, IN A MANNER APPROVED BY THE BOARD, OF: 28
847804
848-– 19 –
849- (2) IF A PHYSICIAN ASSIST ANT WHO SUBMITS AN I NITIAL
850-COLLABORATION AGREEM ENT TO THE BOARD HAS NOT BEEN PR EVIOUSLY
851-LICENSED BY THE BOARD TO PRACTICE AS A PHYSICIAN ASSISTAN T OR LICENSED,
852-CERTIFIED, OR REGISTERED AS A P HYSICIAN ASSISTANT B Y ANOTHER STATE
853-REGULATORY AUTHORITY , THE INITIAL COLLABOR ATION AGREEMENT SHAL L
854-IDENTIFY A LICENSED PHYSICIAN OR PHYSICI ANS WHO WILL CONSULT AND
855-COLLABORATE WITH THE PHYSICIAN ASSISTANT FOR AT LEAST 18 MONTHS AFTER
856-THE DATE THE INITIAL COLLABORATION AGREEM ENT IS SUBMITTED TO THE BOARD.
805+ (1) THE EXECUTED COLLABOR ATION AGREEMENT ; AND 29
857806
858- (3) (2) A COLLABORATION AGREEM ENT MAY INCLUDE PROV ISIONS
859-LIMITING THE PHYSICI AN ASSISTANT’S SCOPE OF PRACTICE, SPECIFYING OFFICE
860-PROCEDURES , OR OTHERWISE DETAILI NG THE PRACTICE OF T HE PHYSICIAN
861-ASSISTANT AS AGREED BY THE PHYSICIAN OR GROUP OF PHYSICIANS AND THE
862-PHYSICIAN ASSISTANT .
807+ (2) EACH PATIENT CARE TEA M PHYSICIAN LISTED O N THE 30
808+COLLABORATION AGREEM ENT. 31
809+ 18 SENATE BILL 167
863810
864- (c) (1) The Board may not require [prior] approval of a [delegation agreement
865-that includes advanced duties, if an advanced duty will be performed in a hospital or
866-ambulatory surgical facility, provided that:
867811
868- (i) A physician, with credentials that have been reviewed by the
869-hospital or ambulatory surgical facility as a condition of employment, as an independent
870-contractor, or as a member of the medical staff, supervises the physician assistant;
812+ (b) (1) [The delegation agreement] SUBJECT TO PARAGRAPH (2) OF THIS 1
813+SUBSECTION, A A COLLABORATION AGREEM ENT shall contain: 2
871814
872- (ii) The physician assistant has credentials that have been reviewed
873-by the hospital or ambulatory surgical facility as a condition of employment, as an
874-independent contractor, or as a member of the medical staff; and
815+ [(1)] (I) A description of the qualifications of the [primary supervising 3
816+physician and] PHYSICIAN ASSISTANT AND THE PHYSICIAN OR GROUP O F PHYSICIANS 4
817+WHO DEVELOPED THE CO LLABORATION AGREEMEN T WITH THE physician assistant; 5
875818
876- (iii) Each advanced duty to be delegated to the physician assistant is
877-reviewed and approved within a process approved by the governing body of the health care
878-facility before the physician assistant performs the advanced duties] COLLABORATION
879-AGREEMENT .
819+ (II) ANY PRACTICE SPECIALT Y OF THE PHYSICIAN O R GROUP OF 6
820+PHYSICIANS; AND 7
880821
881- [(2) (i) In any setting that does not meet the requirements of paragraph
882-(1) of this subsection, a primary supervising physician shall obtain the Board’s approval of
883-a delegation agreement that includes advanced duties, before the physician assistant
884-performs the advanced duties.
822+ [(2)] (III) A description of the settings in which the physician assistant will 8
823+practice[; 9
885824
886- (ii) 1. Before a physician assistant may perform X–ray duties
887-authorized under § 14–306(e) of this article in the medical office of the physician delegating
888-the duties, a primary supervising physician shall obtain the Board’s approval of a
889-delegation agreement that includes advanced duties in accordance with subsubparagraph
890-2 of this subparagraph.
891- Ch. 919 2024 LAWS OF MARYLAND
825+ (3) A description of the continuous physician supervision mechanisms that 10
826+are reasonable and appropriate to the practice setting; 11
892827
893-– 20 –
894- 2. The advanced duties set forth in a delegation agreement
895-under this subparagraph shall be limited to nonfluoroscopic X–ray procedures of the
896-extremities, anterior–posterior and lateral, not including the head.]
828+ (4) A description of the delegated medical acts that are within the primary 12
829+or alternate supervising physician’s scope of practice and require specialized education or 13
830+training that is consistent with accepted medical practice; 14
897831
898- [(3)] (2) [Notwithstanding paragraph (1) of this subsection, a primary
899-supervising physician shall obtain the Board’s approval of a delegation agreement before]
900-A PHYSICIAN ASSISTANT SHALL SUBMIT TO THE BOARD A COLLABORATION
901-AGREEMENT THAT CONTA INS ANESTHESIA DUTIE S BEFORE the physician assistant
902-may administer, monitor, or maintain general anesthesia or neuroaxial anesthesia,
903-including spinal and epidural techniques, under the agreement.
832+ (5) An attestation that all medical acts to be delegated to the physician 15
833+assistant are within the scope of practice of the primary or alternate supervising physician 16
834+and appropriate to the physician assistant’s education, training, and level of competence; 17
904835
905- [(d) For a delegation agreement containing advanced duties that require Board
906-approval, the Committee shall review the delegation agreement and recommend to the
907-Board that the delegation agreement be approved, rejected, or modified to ensure
908-conformance with the requirements of this title.
836+ (6) An attestation of continuous supervision of the physician assistant by 18
837+the primary supervising physician through the mechanisms described in the delegation 19
838+agreement; 20
909839
910- (e) The Committee may conduct a personal interview of the primary supervising
911-physician and the physician assistant.
840+ (7) An attestation by the primary supervising physician of the physician’s 21
841+acceptance of responsibility for any care given by the physician assistant; 22
912842
913- (f) (1) On review of the Committee’s recommendation regarding a primary
914-supervising physician’s request to delegate advanced duties as described in a delegation
915-agreement, the Board:
843+ (8) A description prepared by the primary supervising physician of the 23
844+process by which the physician assistant’s practice is reviewed appropriate to the practice 24
845+setting and consistent with current standards of acceptable medical practice; 25
916846
917- (i) May approve the delegation agreement; or
847+ (9) An attestation by the primary supervising physician that the physician 26
848+will respond in a timely manner when contacted by the physician assistant; 27
918849
919- (ii) 1. If the physician assistant does not meet the applicable
920-education, training, and experience requirements to perform the specified delegated acts,
921-may modify or disapprove the delegation agreement; and
850+ (10) The following statement: “The primary supervising physician and the 28
851+physician assistant attest that: 29
922852
923- 2. If the Board takes an action under item 1 of this item:
853+ (i) They will establish a plan for the types of cases that require a 30
854+physician plan of care or require that the patient initially or periodically be seen by the 31
855+supervising physician; and 32
856+ SENATE BILL 167 19
924857
925- A. Shall notify the primary supervising physician and the
926-physician assistant in writing of the particular elements of the proposed delegation
927-agreement that were the cause for the modification or disapproval; and
928858
929- B. May not restrict the submission of an amendment to the
930-delegation agreement.
859+ (ii) The patient will be provided access to the supervising physician 1
860+on request”; and 2
931861
932- (2) To the extent practicable, the Board shall approve a delegation
933-agreement or take other action authorized under this subsection within 90 days after
934-receiving a completed delegation agreement including any information from the physician
935-assistant and primary supervising physician necessary to approve or take action.]
862+ (11) Any other information deemed necessary by the Board to carry out the 3
863+provisions of this subtitle]. 4
936864
937- [(g)] (D) If the Board determines that a [primary or alternate supervising
938-physician] PHYSICIAN OR GROUP O F PHYSICIANS THAT DE VELOPS A WES MOORE, Governor Ch. 919
865+ (2) IF A PHYSICIAN ASSISTANT WHO SUBMITS AN INITI AL 5
866+COLLABORATION AGREEM ENT TO THE BOARD HAS NOT BEEN PR EVIOUSLY 6
867+LICENSED BY THE BOARD TO PRACTICE AS A PHYSICIAN ASSISTAN T OR LICENSED, 7
868+CERTIFIED, OR REGISTERED AS A P HYSICIAN ASSISTANT B Y ANOTHER STATE 8
869+REGULATORY AU THORITY, THE INITIAL COLLABOR ATION AGREEMENT SHAL L 9
870+IDENTIFY A LICENSED PHYSICIAN OR PHYSICI ANS WHO WILL CONSULT AND 10
871+COLLABORATE WITH THE PHYSICIAN ASSISTANT FOR AT LEAST 18 MONTHS AFTER 11
872+THE DATE THE INITIAL COLLABORATION AGREEM ENT IS SUBMITTED TO THE BOARD. 12
939873
940-– 21 –
941-COLLABORATION AGREEM ENT WITH A PHYSICIAN ASSISTANT or A physician assistant
942-is practicing in a manner inconsistent with the requirements of this title or Title 14 of this
943-article, the Board on its own initiative or on the recommendation of the Committee may
944-demand modification of the practice[, withdraw the approval of the delegation agreement,]
945-or refer the matter to a disciplinary panel for the purpose of taking other disciplinary action
946-under § 14–404 OF THIS ARTICLE or § 15–314 of this [article] SUBTITLE.
874+ (3) (2) A COLLABORATION AGREEM ENT MAY INCLUDE PROV ISIONS 13
875+LIMITING THE PHYSICI AN ASSISTANT’S SCOPE OF PRACTICE , SPECIFYING OFFICE 14
876+PROCEDURES , OR OTHERWISE DETAILI NG THE PRACTICE OF T HE PHYSICIAN 15
877+ASSISTANT AS AGREED BY THE PHYSICIAN OR GROUP OF PHYSICI ANS AND THE 16
878+PHYSICIAN ASSISTANT . 17
947879
948- [(h)] (E) [A primary supervising physician may not delegate medical acts under
949-a delegation agreement to more than four physician assistants at any one time, except in
950-a] A PHYSICIAN OR GROUP O F PHYSICIANS MAY NOT ENTER INTO A COLLABORATION
951-AGREEMENT THAT ALLOW S FOR COLLABORATION OF MORE THAN EIGHT P HYSICIAN
952-ASSISTANTS FOR EACH PHYSICIAN IN THE AGR EEMENT AT ONE TIME , EXCEPT IN A
953-hospital or in the following nonhospital settings:
880+ (c) (1) The Board may not require [prior] approval of a [delegation agreement 18
881+that includes advanced duties, if an advanced duty will be performed in a hospital or 19
882+ambulatory surgical facility, provided that: 20
954883
955- (1) A correctional facility;
884+ (i) A physician, with credentials that have been reviewed by the 21
885+hospital or ambulatory surgical facility as a condition of employment, as an independent 22
886+contractor, or as a member of the medical staff, supervises the physician assistant; 23
956887
957- (2) A detention center; or
888+ (ii) The physician assistant has credentials that have been reviewed 24
889+by the hospital or ambulatory surgical facility as a condition of employment, as an 25
890+independent contractor, or as a member of the medical staff; and 26
958891
959- (3) A public health facility.
892+ (iii) Each advanced duty to be delegated to the physician assistant is 27
893+reviewed and approved within a process approved by the governing body of the health care 28
894+facility before the physician assistant performs the advanced duties] COLLABORATION 29
895+AGREEMENT . 30
960896
961- [(i)] (F) A person may not coerce another person to enter into a [delegation]
962-COLLABORATION agreement under this subtitle.
897+ [(2) (i) In any setting that does not meet the requirements of paragraph 31
898+(1) of this subsection, a primary supervising physician shall obtain the Board’s approval of 32
899+a delegation agreement that includes advanced duties, before the physician assistant 33
900+performs the advanced duties. 34
963901
964- [(j) A physician may supervise a physician assistant:
902+ (ii) 1. Before a physician assistant may perform X–ray duties 35
903+authorized under § 14–306(e) of this article in the medical office of the physician delegating 36 20 SENATE BILL 167
965904
966- (1) As a primary supervising physician in accordance with a delegation
967-agreement approved by the Board under this subtitle; or
968905
969- (2) As an alternate supervising physician if:
906+the duties, a primary supervising physician shall obtain the Board’s approval of a 1
907+delegation agreement that includes advanced duties in accordance with subsubparagraph 2
908+2 of this subparagraph. 3
970909
971- (i) The alternate supervising physician supervises in accordance
972-with a delegation agreement filed with the Board;
910+ 2. The advanced duties set forth in a delegation agreement 4
911+under this subparagraph shall be limited to nonfluoroscopic X–ray procedures of the 5
912+extremities, anterior–posterior and lateral, not including the head.] 6
973913
974- (ii) The alternate supervising physician supervises no more than
975-four physician assistants at any one time, except in a hospital, correctional facility,
976-detention center, or public health facility;
914+ [(3)] (2) [Notwithstanding paragraph (1) of this subsection, a primary 7
915+supervising physician shall obtain the Board’s approval of a delegation agreement before] 8
916+A PHYSICIAN ASSISTANT SHALL SUBMIT TO THE BOARD A COLLABORATION 9
917+AGREEMENT THAT CONTA INS ANESTHESIA DUTIE S BEFORE the physician assistant 10
918+may administer, monitor, or maintain general anesthesia or neuroaxial anesthesia, 11
919+including spinal and epidural techniques, under the agreement. 12
977920
978- (iii) The alternate supervising physician’s period of supervision, in
979-the temporary absence of the primary supervising physician, does not exceed:
921+ [(d) For a delegation agreement containing advanced duties that require Board 13
922+approval, the Committee shall review the delegation agreement and recommend to the 14
923+Board that the delegation agreement be approved, rejected, or modified to ensure 15
924+conformance with the requirements of this title. 16
980925
981- 1. The period of time specified in the delegation agreement;
982-and
926+ (e) The Committee may conduct a personal interview of the primary supervising 17
927+physician and the physician assistant. 18
983928
984- 2. A period of 45 consecutive days at any one time; and
929+ (f) (1) On review of the Committee’s recommendation regarding a primary 19
930+supervising physician’s request to delegate advanced duties as described in a delegation 20
931+agreement, the Board: 21
985932
986- (iv) The physician assistant performs only those medical acts that: Ch. 919 2024 LAWS OF MARYLAND
933+ (i) May approve the delegation agreement; or 22
987934
988-– 22 –
935+ (ii) 1. If the physician assistant does not meet the applicable 23
936+education, training, and experience requirements to perform the specified delegated acts, 24
937+may modify or disapprove the delegation agreement; and 25
989938
990- 1. Have been delegated under the delegation agreement filed
991-with the Board; and
939+ 2. If the Board takes an action under item 1 of this item: 26
992940
993- 2. Are within the scope of practice of the primary supervising
994-physician and alternate supervising physician.]
941+ A. Shall notify the primary supervising physician and the 27
942+physician assistant in writing of the particular elements of the proposed delegation 28
943+agreement that were the cause for the modification or disapproval; and 29
995944
996- [(k)] (G) Subject to the notice required under § 15–103 of this title, a physician
997-assistant may terminate a [delegation agreement filed with the Board under ]
998-COLLABORATION AGREEM ENT DEVELOPED IN ACC ORDANCE WITH this subtitle at any
999-time.
945+ B. May not restrict the submission of an amendment to the 30
946+delegation agreement. 31
1000947
1001- [(l)] (H) (1) In the event of the sudden departure, incapacity, or death of [the
1002-primary supervising physician of a physician assistant] A PATIENT CARE TEAM
1003-PHYSICIAN, or change in license status that results in [the primary supervising physician]
1004-A PATIENT CARE TEAM PHYSICIAN being unable to legally practice medicine, [an
1005-alternate supervising physician designated under subsection (b) of this section may
1006-supervise the physician assistant for not longer than 15 days following the event] THE
1007-COLLABORATION AGR EEMENT SHALL REMAIN ACTIVE AND VALID UND ER THE
1008-SUPERVISION OF THE R EMAINING LISTED PATI ENT CARE TEAM PHYSIC IANS.
948+ (2) To the extent practicable, the Board shall approve a delegation 32
949+agreement or take other action authorized under this subsection within 90 days after 33
950+receiving a completed delegation agreement including any information from the physician 34
951+assistant and primary supervising physician necessary to approve or take action.] 35 SENATE BILL 167 21
1009952
1010- (2) If there is no [designated alternate supervising physician] REMAINING
1011-PATIENT CARE TEAM PH YSICIAN LISTED ON TH E COLLABORATION AGRE EMENT or
1012-the [designated alternate supervising physician] REMAINING PATIENT CA RE TEAM
1013-PHYSICIAN does not agree to supervise the physician assistant, the physician assistant
1014-may not practice until the physician assistant receives approval of a new [delegation]
1015-COLLABORATION agreement under [§ 15–302.1 of] this subtitle.
1016953
1017- [(3) An alternate supervising physician or other licensed physician may
1018-assume the role of primary supervising physician by submitting a new delegation
1019-agreement to the Board for approval under subsection (b) of this section.
1020954
1021- (4) The Board may terminate a delegation agreement if:
955+ [(g)] (D) If the Board determines that a [primary or alternate supervising 1
956+physician] PHYSICIAN OR GROUP O F PHYSICIANS THAT DE VELOPS A 2
957+COLLABORATION AGREEM ENT WITH A PHYSICIAN ASSISTANT or A physician assistant 3
958+is practicing in a manner inconsistent with the requirements of this title or Title 14 of this 4
959+article, the Board on its own initiative or on the recommendation of the Committee may 5
960+demand modification of the practice[, withdraw the approval of the delegation agreement,] 6
961+or refer the matter to a disciplinary panel for the purpose of taking other disciplinary action 7
962+under § 14–404 OF THIS ARTICLE or § 15–314 of this [article] SUBTITLE. 8
1022963
1023- (i) The physician assistant has a change in license status that
1024-results in the physician assistant being unable to legally practice as a physician assistant;
964+ [(h)] (E) [A primary supervising physician may not delegate medical acts under 9
965+a delegation agreement to more than four physician assistants at any one time, except in 10
966+a] A PHYSICIAN OR GROUP O F PHYSICIANS MAY NOT ENTER INTO A COLLABO RATION 11
967+AGREEMENT THAT ALLOW S FOR COLLABORATION OF MORE THAN EIGHT P HYSICIAN 12
968+ASSISTANTS FOR EACH PHYSICIAN IN THE AGR EEMENT AT ONE TIME , EXCEPT IN A 13
969+hospital or in the following nonhospital settings: 14
1025970
1026- (ii) At least 15 days have elapsed since an event listed under
1027-paragraph (1) of this subsection if there is an alternate supervising physician designated
1028-under subsection (b) of this section; or
971+ (1) A correctional facility; 15
1029972
1030- (iii) Immediately after an event listed under paragraph (1) of this
1031-subsection if there is no alternate supervising physician designated under subsection (b) of
1032-this section.] WES MOORE, Governor Ch. 919
973+ (2) A detention center; or 16
1033974
1034-– 23 –
975+ (3) A public health facility. 17
1035976
1036- (I) THE BOARD SHALL NOTIFY TH E PHYSICIAN ASSISTAN T AND PHYSICIAN
1037-OR GROUP OF PHYSICIA NS WHO HAVE ENTERED INTO A COLLABORATION
1038-AGREEMENT WITH A PHY SICIAN ASSISTANT IMM EDIATELY IF:
977+ [(i)] (F) A person may not coerce another person to enter into a [delegation] 18
978+COLLABORATION agreement under this subtitle. 19
1039979
1040- (1) THE PHYSICIAN ASSISTA NT HAS A CHANGE IN L ICENSE
1041-STATUS THAT RESULTS IN THE PHYSICIAN ASS ISTANT BEING UNABLE TO LEGALLY
1042-PRACTICE AS A PHYSIC IAN ASSISTANT; OR
980+ [(j) A physician may supervise a physician assistant: 20
1043981
1044- (2) AN EVENT DESCRIBED IN SUBSECTION (H) OF THIS SECTION
1045-OCCURS.
982+ (1) As a primary supervising physician in accordance with a delegation 21
983+agreement approved by the Board under this subtitle; or 22
1046984
1047- [(m)] (J) A physician assistant whose [delegation] COLLABORATION agreement
1048-is terminated may not practice as a physician assistant until the physician assistant
1049-[receives preliminary approval of a new delegation agreement under § 15–302.1 of this
1050-subtitle] SUBMITS A NEW COLLAB ORATION AGREEMENT TO THE BOARD.
985+ (2) As an alternate supervising physician if: 23
1051986
1052- [(n) Individual members of the Board are not civilly liable for actions regarding
1053-the approval, modification, or disapproval of a delegation agreement described in this
1054-section.
987+ (i) The alternate supervising physician supervises in accordance 24
988+with a delegation agreement filed with the Board; 25
1055989
1056- (o) A physician assistant may practice in accordance with a delegation agreement
1057-filed with the Board under this subtitle.]
990+ (ii) The alternate supervising physician supervises no more than 26
991+four physician assistants at any one time, except in a hospital, correctional facility, 27
992+detention center, or public health facility; 28
1058993
1059- (C) IF THE BOARD DETERMINES THAT A PATIENT CARE TEAM PHYSICIAN OR
1060-PHYSICIAN ASSISTANT IS PRACTICING IN A M ANNER INCONSISTENT W ITH THE
1061-REQUIREMENTS OF THIS TITLE OR TITLE 14 OF THIS ARTICLE, THE BOARD ON ITS
1062-OWN INITIATIVE OR ON THE RECOMMENDATION O F THE COMMITTEE MAY DEMAND
1063-MODIFICATION OF THE PRACTICE, WITHDRAW THE APPROVA L OF AN ADVANCED
1064-DUTY REGARDLESS OF W HETHER THE ADVANCED DUTY REQUIRES PRIOR APPROVAL
1065-UNDER THIS SECTION , OR REFER THE MATTER TO A DISCIPLINARY PA NEL FOR THE
1066-PURPOSE OF TAKING OT HER DISCIPLIN ARY ACTION UNDER § 14–404 OF THIS
1067-ARTICLE OR § 15–314 OF THIS SUBTITLE.
994+ (iii) The alternate supervising physician’s period of supervision, in 29
995+the temporary absence of the primary supervising physician, does not exceed: 30
1068996
1069- (D) (1) EXCEPT AS PROVIDED UN DER PARAGRAPH (2) OF THIS
1070-SUBSECTION, A PATIENT CARE TEAM PHYSICIAN MAY NOT DE LEGATE MEDICAL ACTS
1071-UNDER A COLLABORATIO N AGREEMENT TO MORE THAN EIGHT PHY SICIAN
1072-ASSISTANTS AT ANY ON E TIME.
997+ 1. The period of time specified in the delegation agreement; 31
998+and 32
999+ 22 SENATE BILL 167
10731000
1074- (2) A PATIENT CARE TEAM PH YSICIAN MAY DELEGATE MEDICAL ACTS
1075-UNDER A COLLABORATIO N AGREEMENT TO MORE THAN EIGHT PHYSICIAN
1076-ASSISTANTS IN:
10771001
1078- (I) A HOSPITAL; Ch. 919 2024 LAWS OF MARYLAND
1002+ 2. A period of 45 consecutive days at any one time; and 1
10791003
1080-– 24 –
1004+ (iv) The physician assistant performs only those medical acts that: 2
10811005
1082- (II) A CORRECTIONAL FACILIT Y;
1006+ 1. Have been delegated under the delegation agreement filed 3
1007+with the Board; and 4
10831008
1084- (III) A DETENTION CENTER; OR
1009+ 2. Are within the scope of practice of the primary supervising 5
1010+physician and alternate supervising physician.] 6
10851011
1086- (IV) A PUBLIC HEALTH FACILI TY.
1012+ [(k)] (G) Subject to the notice required under § 15–103 of this title, a physician 7
1013+assistant may terminate a [delegation agreement filed with the Board under] 8
1014+COLLABORATION AGREEM ENT DEVELOPED IN ACC ORDANCE WITH this subtitle at any 9
1015+time. 10
10871016
1088- (E) A PERSON MAY NOT COERC E ANOTHER PERSON TO ENTER INTO A
1089-COLLABORATION AGREEM ENT UNDER THIS SUBTI TLE.
1017+ [(l)] (H) (1) In the event of the sudden departure, incapacity, or death of [the 11
1018+primary supervising physician of a physician assistant] A PATIENT CARE TEAM 12
1019+PHYSICIAN, or change in license status that results in [the primary supervising physician] 13
1020+A PATIENT CARE TEAM PHYSICIAN being unable to legally practice medicine, [an 14
1021+alternate supervising physician designated under subsection (b) of this section may 15
1022+supervise the physician assistant for not longer than 15 days following the event] THE 16
1023+COLLABORATION AGREEM ENT SHALL REMAIN ACT IVE AND VALID UNDER THE 17
1024+SUPERVISION OF THE R EMAINING LISTED PATI ENT CARE TEAM PHYSIC IANS. 18
10901025
1091- (F) SUBJECT TO THE NOTICE REQUIRED UNDER § 15–103 OF THIS TITLE, A
1092-PHYSICIAN ASSISTANT MAY TERMINATE A COLL ABORATION AGREEMENT UNDER
1093-THIS SUBTITLE AT ANY TIME.
1026+ (2) If there is no [designated alternate supervising physician] REMAINING 19
1027+PATIENT CARE TEAM PH YSICIAN LISTED ON TH E COLLABORATION AGRE EMENT or 20
1028+the [designated alternate supervising physician] REMAINING PATIENT CA RE TEAM 21
1029+PHYSICIAN does not agree to supervise the physician assistant, the physician assistant 22
1030+may not practice until the physician assistant receives approval of a new [delegation] 23
1031+COLLABORATION agreement under [§ 15–302.1 of] this subtitle. 24
10941032
1095- (G) (1) IN THE EVENT OF A SUD DEN DEPARTURE , INCAPACITY, OR DEATH
1096-OF A PATIENT CARE TE AM PHYSICIAN , OR CHANGE IN LICENSE STATUS THAT
1097-RESULTS IN A PATIENT CARE TEAM PHYSICIAN BEING UNABLE TO LEGA LLY
1098-PRACTICE MEDICINE , THE COLLABORATION AG REEMENT WILL REMAIN ACTIVE AND
1099-VALID UNDER THE SUPE RVISION OF ANY REMAI NING LISTED PATIENT CARE TEAM
1100-PHYSICIANS.
1033+ [(3) An alternate supervising physician or other licensed physician may 25
1034+assume the role of primary supervising physician by submitting a new delegation 26
1035+agreement to the Board for approval under subsection (b) of this section. 27
11011036
1102- (2) IF THERE IS NO REMAIN ING PATIENT CARE TEA M PHYSICIAN
1103-LISTED ON THE COLLAB ORATION AGREEMENT , THE PHYSICIAN ASSIST ANT MAY NOT
1104-PRACTICE UNTIL THE P HYSICIAN ASSISTANT H AS EXECUTED A NEW
1105-COLLABORATION AGREEM ENT AND, IF APPLICABLE , HAS BOARD APPROVAL TO
1106-PERFORM ANY ADVANCED DUTI ES DELEGATED TO THE PHYSICIAN ASSISTANT
1107-UNDER THE NEW COLLAB ORATION AGREEMENT .
1037+ (4) The Board may terminate a delegation agreement if: 28
11081038
1109- (3) THE BOARD MAY TERMINATE A COLLABORATION AGREEM ENT IF:
1039+ (i) The physician assistant has a change in license status that 29
1040+results in the physician assistant being unable to legally practice as a physician assistant; 30
11101041
1111- (I) THE PHYSICIAN ASSISTA NT HAS A CHANGE IN L ICENSE
1112-STATUS THAT RESULTS IN THE PHYSICIAN A SSISTANT BEING UNABL E TO LEGALLY
1113-PRACTICE AS A PHYSIC IAN ASSISTANT; OR
1042+ (ii) At least 15 days have elapsed since an event listed under 31
1043+paragraph (1) of this subsection if there is an alternate supervising physician designated 32
1044+under subsection (b) of this section; or 33
1045+ SENATE BILL 167 23
11141046
1115- (II) IMMEDIATELY AFTER AN EVENT LISTED UNDER
1116-PARAGRAPH (1) OF THIS SUBSECTION I F THERE IS NO REMAIN ING PATIENT CARE
1117-TEAM PHYSICIAN LISTE D IN THE COLLABORATI ON AGREEMENT .
11181047
1119- (H) A PHYSICIAN ASSISTANT WH OSE COLLABORATION AG REEMENT IS
1120-TERMINATED MAY NOT P RACTICE AS A PHYSICI AN ASSISTANT UNTIL T HE PHYSICIAN
1121-ASSISTANT EXECUTES A NEW COLLABORATION AG REEMENT UNDER THIS S ECTION.
1122- WES MOORE, Governor Ch. 919
1048+ (iii) Immediately after an event listed under paragraph (1) of this 1
1049+subsection if there is no alternate supervising physician designated under subsection (b) of 2
1050+this section.] 3
11231051
1124-– 25 –
1125- (I) A PHYSICIAN ASSISTANT MAY PRACTICE IN ACCO RDANCE WITH A
1126-COLLABORATION AGREEME NT UNDER THIS SUBTIT LE.
1052+ (I) THE BOARD SHALL NOTIFY TH E PHYSICIAN ASSISTAN T AND PHYSICIAN 4
1053+OR GROUP OF PHYSICIA NS WHO HAVE ENTERED INTO A COLLABORATION 5
1054+AGREEMENT WITH A PHY SICIAN ASSISTANT IMM EDIATELY IF: 6
11271055
1128- (J) A PATIENT CARE TEAM PH YSICIAN MAY BE ADDED OR REMOVED FROM
1129-A COLLABORATION AGRE EMENT BY PROVIDING N OTIFICATION TO THE BOARD.
1056+ (1) THE PHYSICIAN ASSISTA NT HAS A CHANGE IN LICENSE 7
1057+STATUS THAT RESULTS IN THE PHYSICIAN ASS ISTANT BEING UNABLE TO LEGALLY 8
1058+PRACTICE AS A PHYSIC IAN ASSISTANT; OR 9
11301059
1131- (K) THE BOARD MAY MODIFY A CO LLABORATION AGREEMEN T IF IT FINDS
1132-THAT:
1060+ (2) AN EVENT DESCRIBED IN SUBSECTION (H) OF THIS SECTION 10
1061+OCCURS. 11
11331062
1134- (1) THE COLLABORATION AGR EEMENT DOES NOT MEET THE
1135-REQUIREMENTS OF THIS SUBTITLE; OR
1063+ [(m)] (J) A physician assistant whose [delegation] COLLABORATION agreement 12
1064+is terminated may not practice as a physician assistant until the physician assistant 13
1065+[receives preliminary approval of a new delegation agreement under § 15–302.1 of this 14
1066+subtitle] SUBMITS A NEW COLLAB ORATION AGREEMENT TO THE BOARD. 15
11361067
1137- (2) THE PHYSICIAN ASSISTA NT IS UNABLE TO PERF ORM THE
1138-DELEGATED DUTIES SAF ELY.
1068+ [(n) Individual members of the Board are not civilly liable for actions regarding 16
1069+the approval, modification, or disapproval of a delegation agreement described in this 17
1070+section. 18
11391071
1140- (L) A COLLABORATION AGREEM ENT SHALL BE MAINTAI NED AT THE
1141-PRACTICE SETTING AND MADE AVAILABLE TO TH E BOARD ON REQUEST .
1072+ (o) A physician assistant may practice in accordance with a delegation agreement 19
1073+filed with the Board under this subtitle.] 20
11421074
1143- (M) A LICENSED PHYSICIAN A SSISTANT WHO FAILS T O COMPLY WITH THE
1144-COLLABORATION AGREEM ENT REQUIREMENTS IS SUBJECT TO AN ADMINI STRATIVE
1145-PENALTY AS ESTABLISHED IN REGULATIONS .
1075+ (C) IF THE BOARD DETERMINES THAT A PATIENT CARE TEAM PHYSICIAN OR 21
1076+PHYSICIAN ASSISTANT IS PRACTICING IN A M ANNER INCONSISTENT W ITH THE 22
1077+REQUIREMENTS OF THIS TITLE OR TITLE 14 OF THIS ARTICLE, THE BOARD ON ITS 23
1078+OWN INITIATIVE OR ON THE RECO MMENDATION OF THE COMMITTEE MAY DEMAND 24
1079+MODIFICATION OF THE PRACTICE, WITHDRAW THE APPROVA L OF AN ADVANCED 25
1080+DUTY REGARDLESS OF W HETHER THE ADVANCED DUTY REQUIRES PRIOR APPROVAL 26
1081+UNDER THIS SECTION , OR REFER THE MATTER TO A DISCIPLINARY PA NEL FOR THE 27
1082+PURPOSE OF TAKING OT HER DISCIPLINARY ACT ION UNDER § 14–404 OF THIS 28
1083+ARTICLE OR § 15–314 OF THIS SUBTITLE. 29
11461084
1147-[15–302.1.
1085+ (D) (1) EXCEPT AS PROVIDED UN DER PARAGRAPH (2) OF THIS 30
1086+SUBSECTION, A PATIENT CARE TEAM PHYSICIAN MAY NOT DE LEGATE MEDICAL ACTS 31
1087+UNDER A CO LLABORATION AGREEMEN T TO MORE THAN EIGHT PHYSICIAN 32
1088+ASSISTANTS AT ANY ON E TIME. 33
1089+ 24 SENATE BILL 167
11481090
1149- (a) If a delegation agreement does not include advanced duties or the advanced
1150-duties have been approved under § 15–302(c)(1) of this subtitle, a physician assistant may
1151-assume the duties under a delegation agreement on the date that the Board acknowledges
1152-receipt of the completed delegation agreement.
11531091
1154- (b) In this section, “pending” means that a delegation agreement that includes
1155-delegation of advanced duties in a setting that does not meet the requirements under §
1156-15–302(c)(1) of this subtitle has been executed and submitted to the Board for its approval,
1157-but:
1092+ (2) A PATIENT CARE TEAM PH YSICIAN MAY DELEGATE MEDICAL ACTS 1
1093+UNDER A COLLABORATIO N AGREEMENT TO MORE THAN EIGHT PHYSICIAN 2
1094+ASSISTANTS IN: 3
11581095
1159- (1) The Committee has not made a recommendation to the Board; or
1096+ (I) A HOSPITAL; 4
11601097
1161- (2) The Board has not made a final decision regarding the delegation
1162-agreement.
1098+ (II) A CORRECTIONAL FACILITY ; 5
11631099
1164- (c) Subject to subsection (d) of this section, if a delegation agreement is pending,
1165-on receipt of a temporary practice letter from the staff of the Board, a physician assistant
1166-may perform the advanced duty if:
1100+ (III) A DETENTION CENTER ; OR 6
11671101
1168- (1) The primary supervising physician has been previously approved to
1169-supervise one or more physician assistants in the performance of the advanced duty; and Ch. 919 2024 LAWS OF MARYLAND
1102+ (IV) A PUBLIC HEALTH FACILI TY. 7
11701103
1171-– 26 –
1104+ (E) A PERSON MAY NOT COERC E ANOTHER PERSON TO ENTER INTO A 8
1105+COLLABORATION AGREEM ENT UNDER THIS SUBTI TLE. 9
11721106
1173- (2) The physician assistant has been previously approved by the Board to
1174-perform the advanced duty.
1107+ (F) SUBJECT TO THE NOTICE REQUIRED UNDER § 15–103 OF THIS TITLE, A 10
1108+PHYSICIAN ASSISTANT MAY TERMINATE A COLL ABORATION AGREEMENT UNDER 11
1109+THIS SUBTITLE AT ANY TIME. 12
11751110
1176- (d) If the Committee recommends a denial of the pending delegation agreement
1177-or the Board denies the pending delegation agreement, on notice to the primary supervising
1178-physician and the physician assistant, the physician assistant may no longer perform the
1179-advanced duty that has not received the approval of the Board.
1111+ (G) (1) IN THE EVENT OF A SUD DEN DEPARTURE , INCAPACITY, OR DEATH 13
1112+OF A PATIENT CARE TE AM PHYSICIAN, OR CHANGE IN LICENSE STATUS THAT 14
1113+RESULTS IN A PATIENT CARE TEAM PHYSICIAN BEING UNABLE TO LEGA LLY 15
1114+PRACTICE MEDICINE , THE COLLABORATION AG REEMENT WILL REMAIN ACTIVE AND 16
1115+VALID UNDER THE SUPE RVISION OF ANY REMAI NING LISTED PATIENT CARE TEAM 17
1116+PHYSICIANS. 18
11801117
1181- (e) The Board may disapprove any delegation agreement if it believes that:
1118+ (2) IF THERE IS NO REMAIN ING PATIENT CARE TEA M PHYSICIAN 19
1119+LISTED ON THE COLLAB ORATION AGREEMENT , THE PHYSICIAN ASSIST ANT MAY NOT 20
1120+PRACTICE UNTIL THE P HYSICIAN ASSISTANT H AS EXECUTED A NEW 21
1121+COLLABORATION AGREEM ENT AND, IF APPLICABLE , HAS BOARD APPROVAL TO 22
1122+PERFORM ANY ADVANCED DUTIES DELEGATED TO THE PHYSICIAN ASSIST ANT 23
1123+UNDER THE NEW COLLAB ORATION AGREEMENT . 24
11821124
1183- (1) The agreement does not meet the requirements of this subtitle; or
1125+ (3) THE BOARD MAY TERMINATE A COLLABORATION AGREEM ENT IF: 25
11841126
1185- (2) The physician assistant is unable to perform safely the delegated
1186-duties.
1127+ (I) THE PHYSICIAN ASSISTA NT HAS A CHANGE IN L ICENSE 26
1128+STATUS THAT RESULTS IN THE PHYSICIAN ASSISTANT BE ING UNABLE TO LEGALL Y 27
1129+PRACTICE AS A PHYSIC IAN ASSISTANT; OR 28
11871130
1188- (f) If the Board disapproves a delegation agreement or the delegation of any
1189-function under an agreement, the Board shall provide the primary supervising physician
1190-and the physician assistant with written notice of the disapproval.
1131+ (II) IMMEDIATELY AFTER AN EVENT LISTED UNDER 29
1132+PARAGRAPH (1) OF THIS SUBSECTION I F THERE IS NO REMAIN ING PATIENT CARE 30
1133+TEAM PHYSICIAN LISTE D IN THE COLLABORATI ON AGREEMENT . 31
1134+ SENATE BILL 167 25
11911135
1192- (g) A physician assistant who receives notice that the Board has disapproved a
1193-delegation agreement or an advanced function under the delegation agreement shall
1194-immediately cease to practice under the agreement or to perform the disapproved function.]
11951136
1196-15–302.1.
1137+ (H) A PHYSICIAN ASSISTANT WHOSE COLLABORATION AGREEMENT IS 1
1138+TERMINATED MAY NOT P RACTICE AS A PHYSICI AN ASSISTANT UNTIL T HE PHYSICIAN 2
1139+ASSISTANT EXECUTES A NEW COLLABORATION AG REEMENT UNDER THIS S ECTION. 3
11971140
1198- (A) IN THIS SECTION, “EXEMPT FACILITY ” MEANS:
1141+ (I) A PHYSICIAN ASSISTANT MAY PRACTICE IN ACCO RDANCE WITH A 4
1142+COLLABORATION AGREEM ENT UNDER THIS SUBTI TLE. 5
11991143
1200- (1) A HOSPITAL;
1144+ (J) A PATIENT CARE TEAM PH YSICIAN MAY BE ADDED OR REMOVED FROM 6
1145+A COLLABORATION AGRE EMENT BY PROVIDING N OTIFICATION TO THE BOARD. 7
12011146
1202- (2) AN AMBULATORY SURGICA L FACILITY;
1147+ (K) THE BOARD MAY MODIFY A CO LLABORATION AGREEMEN T IF IT FINDS 8
1148+THAT: 9
12031149
1204- (3) A FEDERALLY QUALIFIED HEALTH CENTER ; OR
1150+ (1) THE COLLABORATION AGR EEMENT DOES NOT MEET THE 10
1151+REQUIREMENTS OF THIS SUBTITLE; OR 11
12051152
1206- (4) ANOTHER PRACTICE SETT ING LISTED ON A HOSP ITAL
1207-DELINEATION OF PRIVI LEGES DOCUMENT .
1153+ (2) THE PHYSICIAN ASSISTA NT IS UNABLE TO PERF ORM THE 12
1154+DELEGATED DUTIES SAF ELY. 13
12081155
1209- (B) EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION , A
1210-PHYSICIAN ASSISTANT MAY PERFORM ADVANCED DUTIES WITHOUT BOARD
1211-APPROVAL IF THE ADVA NCED DUTY WILL BE PE RFORMED IN AN EXEMPT FACILITY
1212-AND:
1156+ (L) A COLLABORATION AGREEM ENT SHALL BE MAINTAI NED AT THE 14
1157+PRACTICE SETTING AND MADE AVAILABLE TO TH E BOARD ON REQUEST . 15
12131158
1214- (1) THE PHYSICIAN ASSISTA NT IS SUPERVISED BY A PHYSICIAN WI TH
1215-CREDENTIALS THAT HAV E BEEN REVIEWED BY T HE EXEMPT FACILITY A S A WES MOORE, Governor Ch. 919
1159+ (M) A LICENSED PHYSICIAN A SSISTANT WHO FAILS T O COMPLY WITH THE 16
1160+COLLABORATION AGREEM ENT REQUIREMENTS IS SUBJECT TO AN ADMINI STRATIVE 17
1161+PENALTY AS ESTABLISHED IN REGULATIONS . 18
12161162
1217-– 27 –
1218-CONDITION OF EMPLOYM ENT AS AN INDEPENDEN T CONTRACTOR OR AS A MEMBER
1219-OF THE MEDICAL STAFF ;
1163+[15–302.1. 19
12201164
1221- (2) THE PHYSICIAN ASSISTA NT HAS CREDENTIALS T HAT HAVE BEEN
1222-REVIEWED BY THE EXEM PT FACILITY AS A CONDITION OF EMPLOYM ENT AS AN
1223-INDEPENDENT CONTRACT OR OR AS A MEMBER OF THE MEDICAL STAFF ; AND
1165+ (a) If a delegation agreement does not include advanced duties or the advanced 20
1166+duties have been approved under § 15–302(c)(1) of this subtitle, a physician assistant may 21
1167+assume the duties under a delegation agreement on the date that the Board acknowledges 22
1168+receipt of the completed delegation agreement. 23
12241169
1225- (3) THE ADVANCED DUTY TO BE DELEGATED TO THE PHYSICIAN
1226-ASSISTANT IS REVIEWE D AND APPROVED IN A PROCESS APPROVED BY THE EXEMPT
1227-FACILITY BEFORE THE PHYSICIAN ASSISTANT PERFORMS THE ADVANCE D DUTY.
1170+ (b) In this section, “pending” means that a delegation agreement that includes 24
1171+delegation of advanced duties in a setting that does not meet the requirements under § 25
1172+15–302(c)(1) of this subtitle has been executed and submitted to the Board for its approval, 26
1173+but: 27
12281174
1229- (C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION A ND
1230-SUBSECTION (D) OF THIS SECTION AND EXCEPT AS PROVIDED I N SUBSECTION (E) OF
1231-THIS SECTION, A PHYSICIAN ASSISTAN T MAY PERFORM ADVANC ED DUTIES IN A
1232-PRACTICE SETTING THA T IS NOT AN EXEMPT F ACILITY ONLY AFTER T HE PHYSICIAN
1233-ASSISTANT OBTAINS BOARD APPROVAL OF THE ADVANCED DUTY UNDER THE
1234-COLLABORATION AGREEM ENT.
1175+ (1) The Committee has not made a recommendation to the Board; or 28
12351176
1236- (2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , A
1237-PHYSICIAN ASSISTANT MAY PERFORM X–RAY DUTIES AUTHORIZE D UNDER §
1238-14–306(E) OF THIS ARTICLE IN T HE MEDICAL OFFICE OF A PATIENT CARE TEAM
1239-PHYSICIAN ONLY AFTER THE PHYSICIAN ASSISTANT OBTAINS BOARD APPROVAL OF
1240-THE X–RAY DUTY UNDER THE C OLLABORATION AGREEME NT.
1177+ (2) The Board has not made a final decision regarding the delegation 29
1178+agreement. 30
1179+ 26 SENATE BILL 167
12411180
1242- (II) A COLLABORATION AGREEM ENT MAY AUTHORIZE TH E
1243-DELEGATION OF X–RAY DUTIES LIMITED T O NONFLUOROSCOPIC X–RAY
1244-PROCEDURES OF THE EX TREMITIES, ANTERIOR–POSTERIOR AND LATERA L, NOT
1245-INCLUDING THE HEAD .
12461181
1247- (D) A PHYSICIAN ASSISTANT MAY NOT PERFORM THE MEDICAL ACTS OF
1248-ADMINISTERING GENERA L ANESTHESIA OR NEUR OAXIAL ANESTHESIA , INCLUDING
1249-SPINAL, EPIDURAL, AND IMAGE GUIDED INT ERVENTIONAL SPINE PR OCEDURES.
1182+ (c) Subject to subsection (d) of this section, if a delegation agreement is pending, 1
1183+on receipt of a temporary practice letter from the staff of the Board, a physician assistant 2
1184+may perform the advanced duty if: 3
12501185
1251- (E) A PHYSICIAN ASSISTANT MAY PERFORM AN ADVAN CED DUTY IN
1252-COLLABORATION WITH A PATIENT CARE TEAM PH YSICIAN WITHOUT PRIO R
1253-APPROVAL OF THE BOARD IF:
1186+ (1) The primary supervising physician has been previously approved to 4
1187+supervise one or more physician assistants in the performance of the advanced duty; and 5
12541188
1255- (1) THE BOARD HAS PREVIOUSLY APPROVED THE PHYSICI AN
1256-ASSISTANT TO PERFORM THE ADVANCED DUTY IN COLLABORATION WITH A PATIENT
1257-CARE TEAM PHYSICIAN ; OR
1189+ (2) The physician assistant has been previously approved by the Board to 6
1190+perform the advanced duty. 7
12581191
1259- (2) THE PHYSICIAN ASSISTA NT HAS AT LEAST 7,000 HOURS OF
1260-CLINICAL PRACTICE EX PERIENCE.
1261- Ch. 919 2024 LAWS OF MARYLAND
1192+ (d) If the Committee recommends a denial of the pending delegation agreement 8
1193+or the Board denies the pending delegation agreement, on notice to the primary supervising 9
1194+physician and the physician assistant, the physician assistant may no longer perform the 10
1195+advanced duty that has not received the approval of the Board. 11
12621196
1263-– 28 –
1264- (F) IF AN ADVANCED DUTY R EQUIRES BOARD APPROVAL , THE COMMITTEE:
1197+ (e) The Board may disapprove any delegation agreement if it believes that: 12
12651198
1266- (1) SHALL REVIEW THE COLL ABORATION AGREEMENT ;
1199+ (1) The agreement does not meet the requirements of this subtitle; or 13
12671200
1268- (2) MAY CONDUCT A PERSONA L INTERVIEW OF THE P HYSICIAN
1269-ASSISTANT AND PATIEN T CARE TEAM PHYSICIA NS; AND
1201+ (2) The physician assistant is unable to perform safely the delegated 14
1202+duties. 15
12701203
1271- (3) MAY RECOMMEND TO THE BOARD THAT THE COLLAB ORATION
1272-AGREEMENT BE MODIFIE D TO ENSURE CONFORMA NCE WITH THE REQUIRE MENTS
1273-OF THIS TITLE.
1204+ (f) If the Board disapproves a delegation agreement or the delegation of any 16
1205+function under an agreement, the Board shall provide the primary supervising physician 17
1206+and the physician assistant with written notice of the disapproval. 18
12741207
1275- (G) (1) ON REVIEW OF THE COMMITTEE’S RECOMMENDATIONS
1276-REGARDING THE REQUES T OF A PATIENT CARE TEAM PHYSICIAN TO DE LEGATE
1277-ADVANCED DUTIES AS D ESCRIBED IN A COLLAB ORATION AGREEMENT , THE BOARD
1278-MAY MODIFY THE PERFO RMANCE OF ADVANCED D UTIES UNDER A COLLAB ORATION
1279-AGREEME NT IF THE PHYSICIAN ASSISTANT DOES NOT M EET THE APPLICABLE
1280-EDUCATION, TRAINING, AND EXPERIENCE REQUI REMENTS TO PERFORM T HE
1281-SPECIFIED ADVANCED D UTIES.
1208+ (g) A physician assistant who receives notice that the Board has disapproved a 19
1209+delegation agreement or an advanced function under the delegation agreement shall 20
1210+immediately cease to practice under the agreement or to perform the disapproved function.] 21
12821211
1283- (2) IF THE BOARD MAKES A MODIFIC ATION UNDER PARAGRAP H (1)
1284-OF THIS SUBSECTION , THE BOARD:
1212+15–302.1. 22
12851213
1286- (I) SHALL NOTIFY EACH PAT IENT CARE TEAM PHYSI CIAN
1287-LISTED IN THE COLLAB ORATION AGREEMENT AN D THE PHYSICIAN ASSI STANT IN
1288-WRITING OF THE PARTI CULAR ELEMENTS OF TH E ADVANCED DUTY APPR OVAL
1289-REQUEST THAT WERE TH E CAUSE FOR THE MODI FICATION; AND
1214+ (A) IN THIS SECTION, “EXEMPT FACILITY ” MEANS: 23
12901215
1291- (II) MAY NOT RESTR ICT THE SUBMISSION O F AN AMENDMENT
1292-TO THE ADVANCED DUTY .
1216+ (1) A HOSPITAL; 24
12931217
1294- (H) DOCUMENTATION DEMONST RATING A PHYSICIAN A SSISTANT’S
1295-AUTHORITY TO PERFORM AN ADVANCED DUTY UND ER THIS SECTION SHAL L BE
1296-MAINTAINED AT THE FA CILITY IN WHICH THE PHYSICIAN ASSISTANT IS PERFORMING
1297-THE ADVANCED DUTY .
1218+ (2) AN AMBULATORY SURGICA L FACILITY; 25
12981219
1299- (I) INDIVIDUAL MEMBERS OF THE BOARD ARE NOT CIVILLY LIABLE FOR
1300-ACTIONS REGARDING TH E APPROVAL , MODIFICATION , OR DISAPPROVAL OF AN
1301-ADVANCED DUTY UNDER THE COLLABORATION AG REEMENT DESCRIBED IN THIS
1302-SECTION.
1220+ (3) A FEDERALLY QUALIFIED HEALTH CENTER ; OR 26
13031221
1304-[15–302.2.] 15–302.1.
1305- WES MOORE, Governor Ch. 919
1222+ (4) ANOTHER PRACTICE SETT ING LISTED ON A HOSP ITAL 27
1223+DELINEATION OF PRIVI LEGES DOCUMENT . 28
13061224
1307-– 29 –
1308- [(a) A primary supervising PATIENT CARE TEAM physician may not delegate
1309-prescribing, dispensing, and administering of controlled dangerous substances,
1310-prescription drugs, or medical devices unless the primary supervising physician and
1311-physician assistant include in the delegation COLLABORATION agreement:
1225+ (B) EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION , A 29
1226+PHYSICIAN ASSISTANT MAY PERFORM ADVANCED DUTIES WITHOUT BOARD 30 SENATE BILL 167 27
13121227
1313- (1) A notice of intent to delegate prescribing and, if applicable, dispensing
13141228
1315- (1) THE AUTHORITY OF THE PHYSICIAN ASSISTANT TO PRESCRIBE
1316-AND, IF APPLICABLE, DISPENSE of controlled dangerous substances, prescription drugs,
1317-or medical devices;
1229+APPROVAL IF THE ADVA NCED DUTY WILL BE PE RFORMED IN AN EXEMPT FACILITY 1
1230+AND: 2
13181231
1319- (2) An attestation that all prescribing and, if applicable, dispensing
1320-activities of the physician assistant will comply with applicable federal and State LAW AND
1321-regulations;
1232+ (1) THE PHYSICIAN ASSISTA NT IS SUPERVISED BY A PHYSICIAN WI TH 3
1233+CREDENTIALS THAT HAV E BEEN REVIEWED BY T HE EXEMPT FACILITY A S A 4
1234+CONDITION OF EMPLOYM ENT AS AN INDEPENDEN T CONTRACTOR OR AS A MEMBER 5
1235+OF THE MEDICAL STAFF ; 6
13221236
1323- (3) An attestation that all medical charts or records will contain a notation
1324-of any prescriptions written or dispensed by a physician assistant in accordance with this
1325-section;
1237+ (2) THE PHYSICIAN ASSISTA NT HAS CREDENTIALS T HAT HAVE BEEN 7
1238+REVIEWED BY THE EXEM PT FACILITY AS A CONDITION OF EMPLOYM ENT AS AN 8
1239+INDEPENDENT CONTRACT OR OR AS A MEMBER OF THE MEDICAL STAFF ; AND 9
13261240
1327- (4) An attestation that all prescriptions written or dispensed under this
1328-section will include the physician assistant’s name and the supervising PATIENT CARE
1329-TEAM physician’s name, business address, and business telephone number legibly written
1330-or printed;
1241+ (3) THE ADVANCED DUTY TO BE DELEGATED TO THE PHYSICIAN 10
1242+ASSISTANT IS REVIEWE D AND APPROVED IN A PROCESS APPROVED BY THE EXEMPT 11
1243+FACILITY BEFORE THE PHYSICIAN ASSISTANT PERFORMS THE ADVANCED DUTY . 12
13311244
1332- (5) AN ATTESTATION THAT A LL PRESCRIPTIONS WRI TTEN UNDER
1333-THIS SECTION WILL IN CLUDE THE PHYSICIAN ASSISTANT’S NAME, BUSINESS
1334-ADDRESS, AND BUSINESS TELEPHO NE NUMBER LEGIBLY WR ITTEN OR PRINTED ;
1245+ (C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION A ND 13
1246+SUBSECTION (D) OF THIS SECTION AND EXCEPT AS PROVIDED I N SUBSECTION (E) OF 14
1247+THIS SECTION, A PHYSICIAN ASSISTAN T MAY PERFORM ADVANC ED DUTIES IN A 15
1248+PRACTICE SETTING THAT IS NOT AN EXEMP T FACILITY ONLY AFTE R THE PHYSICIAN 16
1249+ASSISTANT OBTAINS BOARD APPROVAL OF THE ADVANCED DUTY UNDER THE 17
1250+COLLABORATION AGREEM ENT. 18
13351251
1336- (5) (6) An attestation that the physician assistant has:
1252+ (2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , A 19
1253+PHYSICIAN ASSISTANT MAY PERFORM X–RAY DUTIES AUTH ORIZED UNDER § 20
1254+14–306(E) OF THIS ARTICLE IN T HE MEDICAL OFFICE OF A PATIENT CARE TEAM 21
1255+PHYSICIAN ONLY AFTER THE PHYSICIAN ASSIST ANT OBTAINS BOARD APPROVAL OF 22
1256+THE X–RAY DUTY UNDER THE C OLLABORATION AGREEME NT. 23
13371257
1338- (i) Passed the physician assistant national certification exam
1339-administered by the National Commission on the Certification of Physician Assistants
1340-within the previous 2 years; or
1258+ (II) A COLLABORATION AGREEM ENT MAY AUTHORIZE THE 24
1259+DELEGATION OF X–RAY DUTIES LIMITED T O NONFLUOROSCOPIC X–RAY 25
1260+PROCEDURES OF THE EX TREMITIES, ANTERIOR–POSTERIOR AND LATERA L, NOT 26
1261+INCLUDING THE HEAD . 27
13411262
1342- (ii) Successfully completed 8 category 1 hours of pharmacology
1343-education within the previous 2 years; and
1263+ (D) A PHYSICIAN ASSISTANT MAY NOT PERFORM THE MEDICAL ACTS OF 28
1264+ADMINISTERING GENERA L ANESTHESIA OR NEUR OAXIAL ANESTHESIA , INCLUDING 29
1265+SPINAL, EPIDURAL, AND IMAGE GUIDED INT ERVENTIONAL SPINE PR OCEDURES. 30
13441266
1345- (6) (7) An attestation that the physician assistant has:
1267+ (E) A PHYSICIAN ASSISTANT MAY PERFORM AN ADVAN CED DUTY IN 31
1268+COLLABORATION WITH A PATIENT CARE TEAM PH YSICIAN WITHOUT PRIO R 32
1269+APPROVAL OF THE BOARD IF: 33
1270+ 28 SENATE BILL 167
13461271
1347- (i) A bachelor’s degree or its equivalent; or
13481272
1349- (ii) Successfully completed 2 years of work experience as a physician
1350-assistant.
1351- Ch. 919 2024 LAWS OF MARYLAND
1273+ (1) THE BOARD HAS PREVIOUSLY APPROVED THE PHYSICI AN 1
1274+ASSISTANT TO PERFORM THE ADVANCED DUTY IN COLLABORATION WITH A PATIENT 2
1275+CARE TEAM PHYSICIAN ; OR 3
13521276
1353-– 30 –
1354- (b) (1) A primary supervising PATIENT CARE TEAM physician may not
1355-delegate the prescribing or dispensing of substances that are identified as Schedule I
1356-controlled dangerous substances under § 5–402 of the Criminal Law Article.
1277+ (2) THE PHYSICIAN ASSISTANT HAS AT LEAST 7,000 HOURS OF 4
1278+CLINICAL PRACTICE EX PERIENCE. 5
13571279
1358- (2) A primary supervising PATIENT CARE TEAM physician may delegate
1359-the prescribing or dispensing of substances that are identified as Schedules II through V
1360-controlled dangerous substances under § 5–402 of the Criminal Law Article, including
1361-legend drugs as defined under § 503(b) of the Federal Food, Drug, and Cosmetic Act.
1280+ (F) IF AN ADVANCED DUTY R EQUIRES BOARD APPROVAL , THE COMMITTEE: 6
13621281
1363- (3) A primary supervising PATIENT CARE TEAM physician may not
1364-delegate the prescribing or dispensing of controlled dangerous substances to a physician
1365-assistant unless the physician assistant has a valid:
1282+ (1) SHALL REVIEW THE COLL ABORATION AGREEMENT ; 7
13661283
1367- (i) State controlled dangerous substance registration; and
1284+ (2) MAY CONDUCT A PERSONA L INTERVIEW OF THE P HYSICIAN 8
1285+ASSISTANT AND PATIENT CAR E TEAM PHYSICIANS ; AND 9
13681286
1369- (ii) Federal Drug Enforcement Agency (DEA) registration.]
1287+ (3) MAY RECOMMEND TO THE BOARD THAT THE COLLAB ORATION 10
1288+AGREEMENT BE MODIFIE D TO ENSURE CONFORMA NCE WITH THE REQUIRE MENTS 11
1289+OF THIS TITLE. 12
13701290
1371- (A) IN THIS SECTION, “PERSONALLY PREPARE A ND DISPENSE” MEANS THAT
1372-A PHYSICIAN ASSISTAN T:
1291+ (G) (1) ON REVIEW OF THE COMMITTEE’S RECOMMENDATIONS 13
1292+REGARDING THE REQUE ST OF A PATIENT CARE TEAM PHYSICIAN TO DE LEGATE 14
1293+ADVANCED DUTIES AS D ESCRIBED IN A COLLAB ORATION AGREEMENT , THE BOARD 15
1294+MAY MODIFY THE PERFO RMANCE OF ADVANCED D UTIES UNDER A COLLAB ORATION 16
1295+AGREEMENT IF THE PHY SICIAN ASSISTANT DOE S NOT MEET THE APPLI CABLE 17
1296+EDUCATION, TRAINING, AND EXPERIENCE REQUI REMENTS TO PERFORM T HE 18
1297+SPECIFIED ADVANCED D UTIES. 19
13731298
1374- (1) IS PHYSICALLY PRESENT ON THE PREMISES WHER E A
1375-PRESCRIPTION IS FILL ED; AND
1299+ (2) IF THE BOARD MAKES A MODIFIC ATION UNDER PARAGRAP H (1) 20
1300+OF THIS SUBSECTION , THE BOARD: 21
13761301
1377- (2) PERFORMS A FINAL CHEC K OF THE PRESCRIPTIO N BEFORE IT IS
1378-PROVIDED TO THE PATIENT.
1302+ (I) SHALL NOTIFY EACH PAT IENT CARE TEAM PHYSI CIAN 22
1303+LISTED IN THE COLLAB ORATION AGREEMENT AND THE PHYSICIAN ASSIST ANT IN 23
1304+WRITING OF THE PARTI CULAR ELEMENTS OF TH E ADVANCED DUTY APPR OVAL 24
1305+REQUEST THAT WERE TH E CAUSE FOR THE MODI FICATION; AND 25
13791306
1380- (B) SUBJECT TO THE COLLAB ORATION AGREEMENT SU BMITTED UNDER §
1381-15–302 OF THIS SUBTITLE , A PHYSICIAN ASSISTAN T MAY PRESCRIBE , PROCURE,
1382-DISPENSE, ORDER, OR ADMINISTER :
1307+ (II) MAY NOT RESTRICT THE SUBMISSION OF AN AME NDMENT 26
1308+TO THE ADVANCED DUTY . 27
13831309
1384- (1) SUBJECT TO SUBSECTION (C)(2) OF THIS SECTION , DRUGS AND
1385-SUBSTANCES THAT ARE IDENTIFIED AS SCHEDULES II THROUGH V CONTROLLED
1386-DANGEROUS SUBSTANCES UNDER §§ 5–403 THROUGH 5–406 OF THE CRIMINAL LAW
1387-ARTICLE, INCLUDING LEGEND DRU GS AS DEFINED UNDER § 503(B) OF THE
1388-FEDERAL FOOD, DRUG, AND COSMETIC ACT;
1310+ (H) DOCUMENTATION DEMONSTRATI NG A PHYSICIAN ASSIS TANT’S 28
1311+AUTHORITY TO PERFORM AN ADVANCED DUTY UND ER THIS SECTION SHAL L BE 29
1312+MAINTAINED AT THE FA CILITY IN WHICH THE PHYSICIAN ASSISTANT IS PERFORMING 30
1313+THE ADVANCED DUTY . 31
13891314
1390- (2) MEDICAL DEVICES ; AND
1315+ (I) INDIVIDUAL MEMBERS OF THE BOARD ARE NOT CIVI LLY LIABLE FOR 32
1316+ACTIONS REGARDING TH E APPROVAL , MODIFICATION , OR DISAPPROVAL OF AN 33 SENATE BILL 167 29
13911317
1392- (3) DURABLE MEDICAL EQUIP MENT.
13931318
1394- (C) (1) A PHYSICIAN ASSISTANT MAY NOT PRESCRIBE OR DISPENSE
1395-SUBSTANCES THAT ARE IDENTIFIED AS SCHEDULE I CONTROLLED DANGEROUS
1396-SUBSTANCES UNDER § 5–402 OF THE CRIMINAL LAW ARTICLE.
1397- WES MOORE, Governor Ch. 919
1319+ADVANCED DUTY UNDER THE COLLABORATION AG REEMENT DESCRIBED IN THIS 1
1320+SECTION. 2
13981321
1399-– 31 –
1400- (2) A PHYSICIAN ASSISTANT MAY NOT PRESCRIBE OR DISPENS E
1401-CONTROLLED DANGEROUS SUBSTANCES UNLESS TH E PHYSICIAN ASSISTAN T HAS A
1402-VALID:
1322+[15–302.2.] 15–302.1. 3
14031323
1404- (I) STATE CONTROLLED DANG EROUS SUBSTANCE
1405-REGISTRATION ; AND
1324+ [(a) A primary supervising PATIENT CARE TEAM physician may not delegate 4
1325+prescribing, dispensing, and administering of controlled dangerous substances, 5
1326+prescription drugs, or medical devices unless the primary supervising physician and 6
1327+physician assistant include in the delegation COLLABORATION agreement: 7
14061328
1407- (II) FEDERAL DRUG ENFORCEMENT AGENCY (DEA)
1408-REGISTRATION .
1329+ (1) A notice of intent to delegate prescribing and, if applicable, dispensing 8
14091330
1410- [(c)] (D) (C) (1) A PATIENT CARE TEAM PHYSICIAN MAY A UTHORIZE A
1411-physician assistant TO personally may prepare and dispense [a drug that the physician
1412-assistant is authorized to prescribe under a delegation COLLABORATION agreement if]:
1331+ (1) THE AUTHORITY OF THE PHYSICIAN ASSISTANT TO PRESCRIBE 9
1332+AND, IF APPLICABLE, DISPENSE of controlled dangerous substances, prescription drugs, 10
1333+or medical devices; 11
14131334
1414- [(1) (I) Except as otherwise provided under § 12–102(g) of this article,
1415-the supervising PATIENT CARE TEAM physician possesses a dispensing permit; and
1335+ (2) An attestation that all prescribing and, if applicable, dispensing 12
1336+activities of the physician assistant will comply with applicable federal and State LAW AND 13
1337+regulations; 14
14161338
1417- (2) (II) The physician assistant dispenses drugs only within:
1339+ (3) An attestation that all medical charts or records will contain a notation 15
1340+of any prescriptions written or dispensed by a physician assistant in accordance with this 16
1341+section; 17
14181342
1419- (i) 1. The supervising PATIENT CARE TEAM physician’s scope
1420-of practice; and
1343+ (4) An attestation that all prescriptions written or dispensed under this 18
1344+section will include the physician assistant’s name and the supervising PATIENT CARE 19
1345+TEAM physician’s name, business address, and business telephone number legibly written 20
1346+or printed; 21
14211347
1422- (ii) 2. The scope of the delegation COLLABORATION
1423-agreement.]
1348+ (5) AN ATTESTATION THAT A LL PRESCRIPTIONS WRI TTEN UNDER 22
1349+THIS SECTION WILL IN CLUDE THE PHYSICIAN ASSISTANT’S NAME, BUSINESS 23
1350+ADDRESS, AND BUSINESS TELEPHONE NUMBER LEGIBLY WRITTEN OR P RINTED; 24
14241351
1425- (2) A PATIENT CARE TEAM PH YSICIAN MAY DELEGATE ANY
1426-DISPENSING DUTIES , INCLUDING THE PERFOR MANCE OF THE FINAL C HECK OF
1427-PRESCRIPTIONS AS REQ UIRED UNDER § 12–102(A)(4)(II) OF THIS ARTICLE.
1352+ (5) (6) An attestation that the physician assistant has: 25
14281353
1429- (D) IF A PATIENT CARE TEAM PHYSICIAN WHO HAS DE LEGATED AUTHORITY
1430-TO EXERCISE PRESCRIP TIVE AUTHORITY TO A PHYSICIAN ASSISTANT
1431-SUBSEQUENTLY RESTRIC TS OR REMOVES THE DE LEGATION, THE PATIENT CARE
1432-TEAM PHYSICIAN SHALL NOTIFY THE BOARD OF THE RESTRICT ION OR REMOVAL
1433-WITHIN 5 BUSINESS DAYS.
1354+ (i) Passed the physician assistant national certification exam 26
1355+administered by the National Commission on the Certification of Physician Assistants 27
1356+within the previous 2 years; or 28
14341357
1435- (I) A STARTER DOSAGE OF AN Y DRUG THAT THE PHYS ICIAN
1436-ASSISTANT IS AUTHORI ZED TO PRESCRIBE TO A PATIENT OF THE PHY SICIAN
1437-ASSISTANT IF:
1358+ (ii) Successfully completed 8 category 1 hours of pharmacology 29
1359+education within the previous 2 years; and 30
14381360
1439- 1. THE STARTER DOSAGE CO MPLIES WITH THE
1440-LABELING REQUIREMENT S OF § 12–505 OF THIS ARTICLE;
1361+ (6) (7) An attestation that the physician assistant has: 31
14411362
1442- 2. NO CHARGE IS MADE FOR THE STARTER DOSAGE ; AND
1443- Ch. 919 2024 LAWS OF MARYLAND
1363+ (i) A bachelor’s degree or its equivalent; or 32
1364+ 30 SENATE BILL 167
14441365
1445-– 32 –
1446- 3. THE PHYSICIAN ASSISTA NT ENTERS AN APPROPR IATE
1447-RECORD IN THE PATIEN T’S MEDICAL RECORD ; OR
14481366
1449- (II) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , ANY
1450-DRUG THAT A PHYSICIA N ASSISTANT MAY PRES CRIBE TO THE EXTENT AUTHORIZE D
1451-BY LAW IN THE COURSE OF TREATING A PATIEN T AT:
1367+ (ii) Successfully completed 2 years of work experience as a physician 1
1368+assistant. 2
14521369
1453- 1. A MEDICAL FACILITY OR CLINIC THAT SPECIALI ZES IN
1454-THE TREATMENT OF MED ICAL CASES REIMBURSA BLE THROUGH WORKERS ’
1455-COMPENSATION INSURAN CE;
1370+ (b) (1) A primary supervising PATIENT CARE TEAM physician may not 3
1371+delegate the prescribing or dispensing of substances that are identified as Schedule I 4
1372+controlled dangerous substances under § 5–402 of the Criminal Law Article. 5
14561373
1457- 2. A MEDICAL FACILITY OR CLINIC THAT IS OPERATED
1458-ON A NONPROFIT BASIS ;
1374+ (2) A primary supervising PATIENT CARE TEAM physician may delegate 6
1375+the prescribing or dispensing of substances that are identified as Schedules II through V 7
1376+controlled dangerous substances under § 5–402 of the Criminal Law Article, including 8
1377+legend drugs as defined under § 503(b) of the Federal Food, Drug, and Cosmetic Act. 9
14591378
1460- 3. A HEALTH CENTER THAT O PERATES ON A CAMPUS OF
1461-AN INSTITUTION OF HI GHER EDUCATION ;
1379+ (3) A primary supervising PATIENT CARE TEAM physician may not 10
1380+delegate the prescribing or dispensing of controlled dangerous substances to a physician 11
1381+assistant unless the physician assistant has a valid: 12
14621382
1463- 4. A PUBLIC HEALTH FACILI TY, A MEDICAL FACILITY
1464-UNDER CONTRACT WITH A STATE OR LOCAL HEALTH DEPARTMENT , OR A FACILITY
1465-FUNDED WITH PUBLIC FUNDS; OR
1383+ (i) State controlled dangerous substance registration; and 13
14661384
1467- 5. A NONPROFIT HOSPITAL O R A NONPROFIT HOSPIT AL
1468-OUTPATIENT FACILITY AS AUTHORIZED UNDER THE POLICIES ESTABLI SHED BY THE
1469-HOSPITAL.
1385+ (ii) Federal Drug Enforcement Agency (DEA) registration.] 14
14701386
1471- (2) A PHYSICIAN ASSISTANT WHO PERSONALLY PREPA RES AND
1472-DISPENSES A DRUG IN THE COURSE OF TREATI NG A PATIENT AS AUTHORIZE D UNDER
1473-THIS SUBSECTION SHAL L:
1387+ (A) IN THIS SECTION, “PERSONALLY PREPARE A ND DISPENSE” MEANS THAT 15
1388+A PHYSICIAN ASSISTAN T: 16
14741389
1475- (I) COMPLY WITH THE LABEL ING REQUIREMENTS OF § 12–505
1476-OF THIS ARTICLE;
1390+ (1) IS PHYSICALLY PRESENT ON THE PREMISES WHER E A 17
1391+PRESCRIPTION IS FILL ED; AND 18
14771392
1478- (II) RECORD THE DISPENSING OF THE PRESCRIPTION DRUG ON
1479-THE PATIENT’S CHART;
1393+ (2) PERFORMS A FINAL CHEC K OF THE PRESCRIPTIO N BEFORE IT IS 19
1394+PROVIDED TO THE PATI ENT. 20
14801395
1481- (III) ALLOW THE OFFICE OF CONTROLLED SUBSTANCES
1482-ADMINISTRATION TO ENT ER AND INSPECT THE O FFICE IN WHICH THE P HYSICIAN
1483-ASSISTANT PRACTICES AT ALL REASONABLE HO URS; AND
1396+ (B) SUBJECT TO THE COLLAB ORATION AGREEMENT SU BMITTED UNDER § 21
1397+15–302 OF THIS SUBTITLE , A PHYSICIAN ASSISTAN T MAY PRESCRIBE , PROCURE, 22
1398+DISPENSE, ORDER, OR ADMINISTER : 23
14841399
1485- (IV) EXCEPT FOR STARTER DO SAGES OR SAMPLES DIS PENSED
1486-WITHOUT CHARGE , PROVIDE THE PATIENT WITH A WRITTEN PRESC RIPTION,
1487-MAINTAIN PRESCRIPTION F ILES, AND MAINTAIN A SEPAR ATE FILE FOR SCHEDULE
1488-II PRESCRIPTIONS FOR A PERIOD OF AT LEAST 5 YEARS. WES MOORE, Governor Ch. 919
1400+ (1) SUBJECT TO SUBSECTION (C)(2) OF THIS SECTION , DRUGS AND 24
1401+SUBSTANCES THAT ARE IDENTIFIED AS SCHEDULES II THROUGH V CONTROLLED 25
1402+DANGEROUS SUBSTANCES UNDER §§ 5–403 THROUGH 5–406 OF THE CRIMINAL LAW 26
1403+ARTICLE, INCLUDING LEGEND DRU GS AS DEFINED UNDER § 503(B) OF THE 27
1404+FEDERAL FOOD, DRUG, AND COSMETIC ACT; 28
14891405
1490-– 33 –
1406+ (2) MEDICAL DEVICES ; AND 29
14911407
1492- [(d)] (E) A physician assistant who personally dispenses a drug in the course of
1493-treating a patient as authorized under subsections (b) and [(c)] (D) of this section shall
1494-comply with the requirements under Titles 12 and 14 of this article and applicable federal
1495-law and regulations.
1408+ (3) DURABLE MEDICAL EQUIP MENT. 30
1409+ SENATE BILL 167 31
14961410
1497- [(e) Before a physician assistant may renew a license for an additional 2–year
1498-term under § 15–307 of this subtitle, the physician assistant shall submit evidence to the
1499-Board of successful completion of 8 category 1 hours of pharmacology education within the
1500-previous 2 years.]
15011411
1502- (F) A PRESCRIPTION DISPENS ED UNDER THIS SECTIO N SHALL INCLUDE
1503-THE PHYSICIAN ASSIST ANT’S:
1412+ (C) (1) A PHYSICIAN ASSISTANT MAY NOT PRESCRIBE OR DISPENSE 1
1413+SUBSTANCES THAT ARE IDENTIFIED AS SCHEDULE I CONTROLLED DANGEROUS 2
1414+SUBSTANCES UNDER § 5–402 OF THE CRIMINAL LAW ARTICLE. 3
15041415
1505- (1) NAME;
1416+ (2) A PHYSICIAN ASSISTANT MAY NOT PRESCRIBE OR DISPENSE 4
1417+CONTROLLED DANGEROUS SUBSTANCES UNLESS TH E PHYSICIAN ASSISTAN T HAS A 5
1418+VALID: 6
15061419
1507- (2) BUSINESS ADDRESS ; AND
1420+ (I) STATE CONTROLLED DANG EROUS SUBSTANCE 7
1421+REGISTRATION ; AND 8
15081422
1509- (3) BUSINESS TELEPHONE NU MBER.
1423+ (II) FEDERAL DRUG ENFORCEMENT AGENCY (DEA) 9
1424+REGISTRATION . 10
15101425
1511- (G) A PHYSICIAN ASSISTANT STUDENT IN A TRAIN ING PROGRAM THAT IS
1512-ACCREDITED BY THE ACCREDITATION REVIEW COMMISSION ON EDUCATION FOR
1513-THE PHYSICIAN ASSISTANT MAY NOT EXE RCISE PRESCRIPTIVE A UTHORITY.
1426+ [(c)] (D) (C) (1) A PATIENT CARE TEAM PH YSICIAN MAY AUTHORIZ E A 11
1427+physician assistant TO personally may prepare and dispense [a drug that the physician 12
1428+assistant is authorized to prescribe under a delegation COLLABORATION agreement if]: 13
15141429
1515-[15–302.3.
1430+ [(1) (I) Except as otherwise provided under § 12–102(g) of this article, 14
1431+the supervising PATIENT CARE TEAM physician possesses a dispensing permit; and 15
15161432
1517- (a) On a quarterly basis, the Board shall provide to the Board of Pharmacy a list
1518-of physician assistants whose delegation agreements include the delegation of prescriptive
1519-authority.
1433+ (2) (II) The physician assistant dispenses drugs only within: 16
15201434
1521- (b) The list required under subsection (a) of this section shall specify whether
1522-each physician assistant has been delegated the authority to prescribe controlled dangerous
1523-substances, prescription drugs, or medical devices.
1435+ (i) 1. The supervising PATIENT CARE TEAM physician’s scope 17
1436+of practice; and 18
15241437
1525- (c) If a primary supervising physician who has delegated authority to exercise
1526-prescriptive authority to a physician assistant subsequently restricts or removes the
1527-delegation, the primary supervising physician shall notify the Board of the restriction or
1528-removal within 5 business days.]
1438+ (ii) 2. The scope of the delegation COLLABORATION 19
1439+agreement.] 20
15291440
1530-15–303.
1441+ (2) A PATIENT CARE TEAM PH YSICIAN MAY DELEGATE ANY 21
1442+DISPENSING DUTIES , INCLUDING THE PERFOR MANCE OF THE FINAL CHECK OF 22
1443+PRESCRIPTIONS AS REQ UIRED UNDER § 12–102(A)(4)(II) OF THIS ARTICLE. 23
15311444
1532- (a) To qualify for a license, an applicant shall:
1445+ (D) IF A PATIENT CARE TEA M PHYSICIAN WHO HAS DELEGATED AUTHORITY 24
1446+TO EXERCISE PRESCRIP TIVE AUTHORITY TO A PHYSICIAN ASSISTANT 25
1447+SUBSEQUENTLY RESTRIC TS OR REMOVES THE DE LEGATION, THE PATIENT CARE 26
1448+TEAM PHYSICIAN SHALL NOTIFY THE BOARD OF THE RESTRICT ION OR REMOVAL 27
1449+WITHIN 5 BUSINESS DAYS. 28
15331450
1534- (1) Complete a criminal history records check in accordance with §
1535-14–308.1 of this article; Ch. 919 2024 LAWS OF MARYLAND
1451+ (I) A STARTER DOSAGE OF AN Y DRUG THAT THE PHYS ICIAN 29
1452+ASSISTANT IS AUTHORI ZED TO PRESCRIBE TO A PATIENT OF THE PHY SICIAN 30
1453+ASSISTANT IF: 31
1454+ 32 SENATE BILL 167
15361455
1537-– 34 –
15381456
1539- (2) Be of good moral character;
1457+ 1. THE STARTER DOSAGE COMPL IES WITH THE 1
1458+LABELING REQUIREMENT S OF § 12–505 OF THIS ARTICLE; 2
15401459
1541- (3) Demonstrate oral and written competency in the English language as
1542-required by the Board;
1460+ 2. NO CHARGE IS MADE FOR THE STARTER DOSAGE ; AND 3
15431461
1544- (4) Be at least 18 years old; [and]
1462+ 3. THE PHYSICIAN ASSISTA NT ENTERS AN APPROPR IATE 4
1463+RECORD IN THE PATIEN T’S MEDICAL RECORD ; OR 5
15451464
1546- (5) [(i) Be a graduate of a physician assistant training program
1547-approved by the Board; or
1465+ (II) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , ANY 6
1466+DRUG THAT A PHYSICIA N ASSISTANT MAY PRES CRIBE TO THE EXTENT AUTHORIZED 7
1467+BY LAW IN THE COURSE OF TREATING A PATIEN T AT: 8
15481468
1549- (ii) Have passed the physician assistant national certifying
1550-examination administered by the National Commission on Certification of Physician
1551-Assistants prior to 1986, maintained all continuing education and recertification
1552-requirements, and been in continuous practice since passage of the examination] EXCEPT
1553-AS PROVIDED IN SUBSE CTION (B) OF THIS SECTION , HAVE SUCCESSFULLY
1554-COMPLETED AN EDUCATI ONAL PROGRAM FOR PHY SICIAN ASSISTANTS AC CREDITED
1555-BY:
1469+ 1. A MEDICAL FACILITY OR CLINIC THAT SPECIALI ZES IN 9
1470+THE TREATMENT OF MED ICAL CASES REIMBURSA BLE THROUGH WORKERS ’ 10
1471+COMPENSATION INSURAN CE; 11
15561472
1557- (I) THE ACCREDITATION REVIEW COMMISSION ON
1558-EDUCATION FOR THE PHYSICIAN ASSISTANT; OR
1473+ 2. A MEDICAL FACILITY OR CLINIC THAT IS OPERA TED 12
1474+ON A NONPROFIT BASIS ; 13
15591475
1560- (II) IF COMPLETED BEFORE 2001:
1476+ 3. A HEALTH CENTER THAT O PERATES ON A CAMPUS OF 14
1477+AN INSTITUTION OF HI GHER EDUCATION ; 15
15611478
1562- 1. THE COMMITTEE ON ALLIED HEALTH EDUCATION
1563-AND ACCREDITATION ; OR
1479+ 4. A PUBLIC HEALTH FACILI TY, A MEDICAL FACIL ITY 16
1480+UNDER CONTRACT WITH A STATE OR LOCAL HEALTH DEPARTMENT , OR A FACILITY 17
1481+FUNDED WITH PUBLIC F UNDS; OR 18
15641482
1565- 2. THE COMMISSION ON ACCREDITATION OF ALLIED
1566-HEALTH EDUCATION PROGRAMS; AND
1483+ 5. A NONPROFIT HOSPITAL O R A NONPROFIT HOSPIT AL 19
1484+OUTPATIENT FACILITY AS AUTHORIZED UNDER THE POLICIES ESTABLI SHED BY THE 20
1485+HOSPITAL. 21
15671486
1568- (6) HAVE PASSED T HE PHYSICIAN ASSISTANT NATIONAL
1569-CERTIFYING EXAMINATION ADMINISTE RED BY THE NATIONAL COMMISSION ON
1570-CERTIFICATION OF PHYSICIAN ASSISTANTS.
1487+ (2) A PHYSICIAN ASSISTANT WHO PERSON ALLY PREPARES AND 22
1488+DISPENSES A DRUG IN THE COURSE OF TREATI NG A PATIENT AS AUTH ORIZED UNDER 23
1489+THIS SUBSECTION SHAL L: 24
15711490
1572- [(b) Except as otherwise provided in this title, the applicant shall pass a national
1573-certifying examination approved by the Board.]
1491+ (I) COMPLY WITH THE LABEL ING REQUIREMENTS OF § 12–505 25
1492+OF THIS ARTICLE; 26
15741493
1575- [(c)] (B) An applicant who graduates from [a physician assistant training
1576-program] AN ACCREDITED EDUCAT IONAL PROGRAM FOR PH YSICIAN ASSISTANTS
1577-UNDER THIS SECTION after October 1, 2003, shall have a bachelor’s degree or its
1578-equivalent.
1494+ (II) RECORD THE DISPENSING OF THE PRESCRIP TION DRUG ON 27
1495+THE PATIENT’S CHART; 28
15791496
1580-15–306.
1581- WES MOORE, Governor Ch. 919
1497+ (III) ALLOW THE OFFICE OF CONTROLLED SUBSTANCES 29
1498+ADMINISTRATION TO ENT ER AND INSPECT THE O FFICE IN WHICH THE P HYSICIAN 30
1499+ASSISTANT PRACTICES AT ALL REASONABLE HO URS; AND 31
1500+ SENATE BILL 167 33
15821501
1583-– 35 –
1584- A license authorizes the licensee to practice as a physician assistant [under a
1585-delegation agreement] while the license is effective.
15861502
1587-15–309.
1503+ (IV) EXCEPT FOR STARTER DO SAGES OR SAMPLES DIS PENSED 1
1504+WITHOUT CHARGE , PROVIDE THE PATIENT WITH A WRITTEN PRESC RIPTION, 2
1505+MAINTAIN PRESCRIPTIO N FILES, AND MAINTAIN A SEPAR ATE FILE FOR SCHEDULE 3
1506+II PRESCRIPTIONS FOR A PERIOD OF AT LEAST 5 YEARS. 4
15881507
1589- (a) Each licensee shall keep a license and [delegation] COLLABORATION
1590-agreement for inspection at the primary place of business of the licensee.
1508+ [(d)] (E) A physician assistant who personally dispenses a drug in the course of 5
1509+treating a patient as authorized under subsections (b) and [(c)] (D) of this section shall 6
1510+comply with the requirements under Titles 12 and 14 of this article and applicable federal 7
1511+law and regulations. 8
15911512
1592- (C) THE BOARD MAY AUDIT AND R EVIEW COLLABORATION AGREEMENTS
1593-KEPT BY THE LICENSEE AT THE PRIMARY PLACE OF BUSINESS OF THE L ICENSEE AT
1594-ANY TIME.
1513+ [(e) Before a physician assistant may renew a license for an additional 2–year 9
1514+term under § 15–307 of this subtitle, the physician assistant shall submit evidence to the 10
1515+Board of successful completion of 8 category 1 hours of pharmacology education within the 11
1516+previous 2 years.] 12
15951517
1596- (D) A PHYSICIAN ASSISTANT WHO FAILS TO PRODUCE A COLLABORATION
1597-AGREEMENT TO THE BOARD ON REQUEST IS S UBJECT TO AN ADMINIS TRATIVE
1598-PENALTY AS ESTABLISH ED IN REGULATIONS .
1518+ (F) A PRESCRIPTION DISPENS ED UNDER THIS SECTIO N SHALL INCLUDE 13
1519+THE PHYSICIAN ASSIST ANT’S: 14
15991520
1600-15–310.
1521+ (1) NAME; 15
16011522
1602- (a) In reviewing an application for licensure or in investigating an allegation
1603-brought under § 15–314 of this subtitle, the Committee may request the Board to direct, or
1604-the Board on its own initiative may direct, the physician assistant to submit to an
1605-appropriate examination.
1523+ (2) BUSINESS ADDRESS ; AND 16
16061524
1607- (b) In return for the privilege given to the physician assistant to [perform
1608-delegated medical acts] PRACTICE AS A PHY SICIAN ASSISTANT in the State, the
1609-physician assistant is deemed to have:
1525+ (3) BUSINESS TELEPHONE NU MBER. 17
16101526
1611- (1) Consented to submit to an examination under this section, if requested
1612-by the Board in writing; and
1527+ (G) A PHYSICIAN ASSISTANT STUDENT IN A TRAINING PROGRAM THA T IS 18
1528+ACCREDITED BY THE ACCREDITATION REVIEW COMMISSION ON EDUCATION FOR 19
1529+THE PHYSICIAN ASSISTANT MAY NOT EXE RCISE PRESCRIPTIVE A UTHORITY. 20
16131530
1614- (2) Waived any claim of privilege as to the testimony or examination
1615-reports.
1531+[15–302.3. 21
16161532
1617- (c) The unreasonable failure or refusal of the licensed physician assistant or
1618-applicant to submit to an examination is prima facie evidence of the licensed physician
1619-assistant’s inability to [perform delegated medical acts] PRACTICE AS A PHYSIC IAN
1620-ASSISTANT and is cause for denial of the application or immediate suspension of the
1621-license.
1533+ (a) On a quarterly basis, the Board shall provide to the Board of Pharmacy a list 22
1534+of physician assistants whose delegation agreements include the delegation of prescriptive 23
1535+authority. 24
16221536
1623- (d) The Board shall pay the costs of any examination made under this section.
1537+ (b) The list required under subsection (a) of this section shall specify whether 25
1538+each physician assistant has been delegated the authority to prescribe controlled dangerous 26
1539+substances, prescription drugs, or medical devices. 27
16241540
1625-[15–313.
1541+ (c) If a primary supervising physician who has delegated authority to exercise 28
1542+prescriptive authority to a physician assistant subsequently restricts or removes the 29
1543+delegation, the primary supervising physician shall notify the Board of the restriction or 30
1544+removal within 5 business days.] 31
16261545
1627- (a) (1) Except as otherwise provided under § 10–226 of the State Government
1628-Article, before the Board takes any action to reject or modify a delegation agreement or Ch. 919 2024 LAWS OF MARYLAND
1546+15–303. 32
1547+ 34 SENATE BILL 167
16291548
1630-– 36 –
1631-advanced duty, the Board shall give the licensee the opportunity for a hearing before the
1632-Board.
16331549
1634- (2) The Board shall give notice and hold the hearing under Title 10,
1635-Subtitle 2 of the State Government Article.
1550+ (a) To qualify for a license, an applicant shall: 1
16361551
1637- (3) The Board may administer oaths in connection with any proceeding
1638-under this section.
1552+ (1) Complete a criminal history records check in accordance with § 2
1553+14–308.1 of this article; 3
16391554
1640- (4) At least 14 days before the hearing, the hearing notice shall be sent to
1641-the last known address of the applicant or licensee.
1555+ (2) Be of good moral character; 4
16421556
1643- (b) Any licensee aggrieved under this subtitle by a final decision of the Board
1644-rejecting or modifying a delegation agreement or advanced duty may petition for judicial
1645-review as allowed by the Administrative Procedure Act.]
1557+ (3) Demonstrate oral and written competency in the English language as 5
1558+required by the Board; 6
16461559
1647-15–314.
1560+ (4) Be at least 18 years old; [and] 7
16481561
1649- (a) Subject to the hearing provisions of § 15–315 of this subtitle, a disciplinary
1650-panel, on the affirmative vote of a majority of the quorum, may reprimand any physician
1651-assistant, place any physician assistant on probation, or suspend or revoke a license if the
1652-physician assistant:
1562+ (5) [(i) Be a graduate of a physician assistant training program 8
1563+approved by the Board; or 9
16531564
1654- (41) Performs [delegated] medical acts beyond the scope of the [delegation]
1655-COLLABORATION agreement filed with the Board [or after notification from the Board
1656-that an advanced duty has been disapproved] IN A MANNER THAT IS NOT CONSISTENT
1657-WITH THE COLLABORATI ON AGREEMENT ;
1565+ (ii) Have passed the physician assistant national certifying 10
1566+examination administered by the National Commission on Certification of Physician 11
1567+Assistants prior to 1986, maintained all continuing education and recertification 12
1568+requirements, and been in continuous practice since passage of the examination] EXCEPT 13
1569+AS PROVIDED IN SUBSE CTION (B) OF THIS SECTION , HAVE SUCCESSFULLY 14
1570+COMPLETED AN EDUCATI ONAL PROGRAM FOR PHY SICIAN ASSISTANTS AC CREDITED 15
1571+BY: 16
16581572
1659- [(42) Performs delegated medical acts without the supervision of a
1660-physician;]
1573+ (I) THE ACCREDITATION REVIEW COMMISSION ON 17
1574+EDUCATION FOR THE PHYSICIAN ASSISTANT; OR 18
16611575
1662- (42) PERFORMS MEDICAL ACTS WHICH ARE OUTSIDE TH E EDUCATION,
1663-TRAINING, AND EXPERIENCE OF TH E PHYSICIAN ASSISTAN T;
1576+ (II) IF COMPLETED BEFORE 2001: 19
16641577
1665- (43) PERFORMS MEDICAL ACTS THAT ARE NOT CUSTOMA RY TO THE
1666-PRACTICE OF THE PATI ENT CARE TEAM PHYSIC IANS LISTED ON THE
1667-COLLABORATION AGREEM ENT;
1578+ 1. THE COMMITTEE ON ALLIED HEALTH EDUCATION 20
1579+AND ACCREDITATION ; OR 21
16681580
1669- (42) (44) PRACTICES AS A PHYSIC IAN ASSISTANT WITHOU T FIRST
1670-SUBMITTING A COLLABO RATION AGREEMENT TO THE BOARD; PROVIDING NOTICE
1671-TO THE BOARD AS REQUIRED UND ER § 15–302(A) OF THIS SUBTITLE;
1581+ 2. THE COMMISSION ON ACCREDITATION OF ALLIED 22
1582+HEALTH EDUCATION PROGRAMS; AND 23
16721583
1673- [(43)] (45) Fails to complete a criminal history records check under §
1674-14–308.1 of this article;
1675- WES MOORE, Governor Ch. 919
1584+ (6) HAVE PASSED TH E PHYSICIAN ASSISTANT NATIONAL 24
1585+CERTIFYING EXAMINATION ADMINISTE RED BY THE NATIONAL COMMISSION ON 25
1586+CERTIFICATION OF PHYSICIAN ASSISTANTS. 26
16761587
1677-– 37 –
1678- [(44)] (46) Fails to comply with the requirements of the Prescription Drug
1679-Monitoring Program under Title 21, Subtitle 2A of the Health – General Article; or
1588+ [(b) Except as otherwise provided in this title, the applicant shall pass a national 27
1589+certifying examination approved by the Board.] 28
16801590
1681- [(45)] (47) Fails to comply with any State or federal law pertaining to the
1682-practice as a physician assistant.
1591+ [(c)] (B) An applicant who graduates from [a physician assistant training 29
1592+program] AN ACCREDITED EDUCAT IONAL PROGRAM FOR PH YSICIAN ASSISTANTS 30
1593+UNDER THIS SECTION after October 1, 2003, shall have a bachelor’s degree or its 31
1594+equivalent. 32 SENATE BILL 167 35
16831595
1684-15–317.
16851596
1686- (a) A physician assistant WHO IS LICENSED in this State or in any other state
1687-OR WHO IS AN EMPLOYE E OF THE FEDERAL GOV ERNMENT is authorized to perform
1688-acts, tasks, or functions as a physician assistant [under the supervision of a physician
1689-licensed to practice medicine in the State] during a disaster as defined by the Governor,
1690-within a county in which a state of disaster has been declared, or counties contiguous to a
1691-county in which a state of disaster has been declared.
16921597
1693- (b) The physician assistant shall notify the Board in writing of the names,
1694-practice locations, and telephone numbers for the physician assistant [and each primary
1695-supervising physician] within 30 days [of] AFTER the first performance of medical acts,
1696-tasks, or functions as a physician assistant during the disaster.
1598+15–306. 1
16971599
1698- (c) A team of physicians and physician assistants or physician assistants
1699-practicing under this section may not be required to maintain on–site documentation
1700-describing [supervisory arrangements] COLLABORATION AGREEM ENTS as otherwise
1701-required under this title.
1600+ A license authorizes the licensee to practice as a physician assistant [under a 2
1601+delegation agreement] while the license is effective. 3
17021602
1703-15–401.
1603+15–309. 4
17041604
1705- [(a)] Except as otherwise provided in this title, a person may not practice, attempt
1706-to practice, or offer to practice as a physician assistant in the State unless the person has
1707-[a]:
1605+ (a) Each licensee shall keep a license and [delegation] COLLABORATION 5
1606+agreement for inspection at the primary place of business of the licensee. 6
17081607
1709- (1) A license issued by the Board TO PRACTICE AS A PHY SICIAN
1710-ASSISTANT; AND
1608+ (C) THE BOARD MAY AUDIT AND R EVIEW COLLABORATION AGREEMENTS 7
1609+KEPT BY THE LICENSEE AT THE PRIMARY PLACE OF BUSINESS OF THE L ICENSEE AT 8
1610+ANY TIME. 9
17111611
1712- (2) SUBMITTED A COLLABORA TION AGREEMENT TO TH E BOARD.
1612+ (D) A PHYSICIAN ASSISTANT WHO FAILS TO PRODUCE A COLL ABORATION 10
1613+AGREEMENT TO THE BOARD ON REQUEST IS S UBJECT TO AN ADMINIS TRATIVE 11
1614+PENALTY AS ESTABLISH ED IN REGULATIONS . 12
17131615
1714- (2) PROVIDED NOTICE TO TH E BOARD AS REQUIRED UND ER §
1715-15–302(A) OF THIS TITLE.
1616+15–310. 13
17161617
1717- [(b) Except as otherwise provided in this title, a person may not perform, attempt
1718-to perform, or offer to perform any delegated medical act beyond the scope of the license
1719-and which is consistent with a delegation agreement filed with the Board.]
1618+ (a) In reviewing an application for licensure or in investigating an allegation 14
1619+brought under § 15–314 of this subtitle, the Committee may request the Board to direct, or 15
1620+the Board on its own initiative may direct, the physician assistant to submit to an 16
1621+appropriate examination. 17
17201622
1721-15–402.1.
1722- Ch. 919 2024 LAWS OF MARYLAND
1623+ (b) In return for the privilege given to the physician assistant to [perform 18
1624+delegated medical acts] PRACTICE AS A PHYSIC IAN ASSISTANT in the State, the 19
1625+physician assistant is deemed to have: 20
17231626
1724-– 38 –
1725- (a) Except as otherwise provided in this subtitle, a licensed physician may not
1726-employ [or supervise] an individual practicing as a physician assistant who does not have
1727-a license OR WHO HAS NOT SUBMITTED A COLLABOR ATION AGREEMENT TO T HE
1728-BOARD PROVIDED NOTICE TO T HE BOARD AS REQUIRED UND ER § 15–302(A) OF
1729-THIS TITLE.
1627+ (1) Consented to submit to an examination under this section, if requested 21
1628+by the Board in writing; and 22
17301629
1731-Article – Transportation
1630+ (2) Waived any claim of privilege as to the testimony or examination 23
1631+reports. 24
17321632
1733-13–616.
1633+ (c) The unreasonable failure or refusal of the licensed physician assistant or 25
1634+applicant to submit to an examination is prima facie evidence of the licensed physician 26
1635+assistant’s inability to [perform delegated medical acts] PRACTICE AS A PHYSIC IAN 27
1636+ASSISTANT and is cause for denial of the application or immediate suspension of the 28
1637+license. 29
17341638
1735- (a) (1) In this subtitle the following words have the meanings indicated.
1639+ (d) The Board shall pay the costs of any examination made under this section. 30
17361640
1737- (7) “Licensed physician assistant” means an individual who is licensed
1738-under Title 15 of the Health Occupations Article to practice [medicine with physician
1739-supervision] AS A PHYSICIAN ASSISTANT.
1641+[15–313. 31
1642+ 36 SENATE BILL 167
17401643
1741- SECTION 2. AND BE IT FURTHER ENACTED, That:
17421644
1743- (a) A physician assistant authorized to practice under a delegation agreement on
1744-October 1, 2024, may continue to practice as a physician assistant under the delegation
1745-agreement.
1645+ (a) (1) Except as otherwise provided under § 10–226 of the State Government 1
1646+Article, before the Board takes any action to reject or modify a delegation agreement or 2
1647+advanced duty, the Board shall give the licensee the opportunity for a hearing before the 3
1648+Board. 4
17461649
1747- (b) The delegation agreement in effect on October 1, 2024, shall be treated the
1748-same as the collaboration agreement required under § 15–302 of the Health Occupations
1749-Article, as enacted by Section 1 of this Act, until an initial collaboration agreement is
1750-submitted to the State Board of Physicians by the physician assistant the physician
1751-assistant has provided notice to the State Board of Physicians as required under §
1752-15–302(a) of the Health Occupations Article, as enacted under Section 1 of this Act.
1650+ (2) The Board shall give notice and hold the hearing under Title 10, 5
1651+Subtitle 2 of the State Government Article. 6
17531652
1754- SECTION 3. AND BE IT FURTHER ENACTED, That, on or before January 1, 2025,
1755-the State Board of Physicians, with representatives from the Maryland Academy of
1756-Physician Assistants, the Physician Assistant Education Association, and physician
1757-assistant education programs in the State, shall review and update the list of advanced
1758-duties for physician assistants.
1653+ (3) The Board may administer oaths in connection with any proceeding 7
1654+under this section. 8
17591655
1760- SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect
1761-October 1, 2024.
1656+ (4) At least 14 days before the hearing, the hearing notice shall be sent to 9
1657+the last known address of the applicant or licensee. 10
17621658
1763-Approved by the Governor, May 16, 2024.
1659+ (b) Any licensee aggrieved under this subtitle by a final decision of the Board 11
1660+rejecting or modifying a delegation agreement or advanced duty may petition for judicial 12
1661+review as allowed by the Administrative Procedure Act.] 13
1662+
1663+15–314. 14
1664+
1665+ (a) Subject to the hearing provisions of § 15–315 of this subtitle, a disciplinary 15
1666+panel, on the affirmative vote of a majority of the quorum, may reprimand any physician 16
1667+assistant, place any physician assistant on probation, or suspend or revoke a license if the 17
1668+physician assistant: 18
1669+
1670+ (41) Performs [delegated] medical acts beyond the scope of the [delegation] 19
1671+COLLABORATION agreement filed with the Board [or after notification from the Board 20
1672+that an advanced duty has been disapproved] IN A MANNER THAT IS NOT CONSISTENT 21
1673+WITH THE COLLABORATI ON AGREEMENT ; 22
1674+
1675+ [(42) Performs delegated medical acts without the supervision of a 23
1676+physician;] 24
1677+
1678+ (42) PERFORMS MEDICAL ACTS WHICH ARE OUTSIDE TH E EDUCATION, 25
1679+TRAINING, AND EXPERIENCE OF TH E PHYSICIAN ASSISTAN T; 26
1680+
1681+ (43) PERFORMS MEDICAL ACTS THAT ARE NOT CUSTOMA RY TO THE 27
1682+PRACTICE OF THE PATI ENT CARE TEAM PHYSIC IANS LISTED ON THE 28
1683+COLLABORATION AGREEM ENT; 29
1684+
1685+ (42) (44) PRACTICES AS A PHYSIC IAN ASSISTANT WITHOU T FIRST 30
1686+SUBMITTING A COLLABO RATION AGREEMENT TO THE BOARD; PROVIDING NOTICE 31
1687+TO THE BOARD AS REQUIRED UND ER § 15–302(A) OF THIS SUBTITLE; 32
1688+
1689+ [(43)] (45) Fails to complete a criminal history records check under § 33
1690+14–308.1 of this article; 34 SENATE BILL 167 37
1691+
1692+
1693+
1694+ [(44)] (46) Fails to comply with the requirements of the Prescription Drug 1
1695+Monitoring Program under Title 21, Subtitle 2A of the Health – General Article; or 2
1696+
1697+ [(45)] (47) Fails to comply with any State or federal law pertaining to the 3
1698+practice as a physician assistant. 4
1699+
1700+15–317. 5
1701+
1702+ (a) A physician assistant WHO IS LICENSED in this State or in any other state 6
1703+OR WHO IS AN EMPLOYE E OF THE FEDERAL GOV ERNMENT is authorized to perform 7
1704+acts, tasks, or functions as a physician assistant [under the supervision of a physician 8
1705+licensed to practice medicine in the State] during a disaster as defined by the Governor, 9
1706+within a county in which a state of disaster has been declared, or counties contiguous to a 10
1707+county in which a state of disaster has been declared. 11
1708+
1709+ (b) The physician assistant shall notify the Board in writing of the names, 12
1710+practice locations, and telephone numbers for the physician assistant [and each primary 13
1711+supervising physician] within 30 days [of] AFTER the first performance of medical acts, 14
1712+tasks, or functions as a physician assistant during the disaster. 15
1713+
1714+ (c) A team of physicians and physician assistants or physician assistants 16
1715+practicing under this section may not be required to maintain on–site documentation 17
1716+describing [supervisory arrangements] COLLABORATION AGREEM ENTS as otherwise 18
1717+required under this title. 19
1718+
1719+15–401. 20
1720+
1721+ [(a)] Except as otherwise provided in this title, a person may not practice, attempt 21
1722+to practice, or offer to practice as a physician assistant in the State unless the person has 22
1723+[a]: 23
1724+
1725+ (1) A license issued by the Board TO PRACTICE AS A PHY SICIAN 24
1726+ASSISTANT; AND 25
1727+
1728+ (2) SUBMITTED A COLLABORA TION AGREEMENT TO TH E BOARD. 26
1729+
1730+ (2) PROVIDED NOTICE TO TH E BOARD AS REQUIRED UND ER § 27
1731+15–302(A) OF THIS TITLE. 28
1732+
1733+ [(b) Except as otherwise provided in this title, a person may not perform, attempt 29
1734+to perform, or offer to perform any delegated medical act beyond the scope of the license 30
1735+and which is consistent with a delegation agreement filed with the Board.] 31
1736+
1737+15–402.1. 32 38 SENATE BILL 167
1738+
1739+
1740+
1741+ (a) Except as otherwise provided in this subtitle, a licensed physician may not 1
1742+employ [or supervise] an individual practicing as a physician assistant who does not have 2
1743+a license OR WHO HAS NOT SUBMITTED A COLLABOR ATION AGREEMENT TO T HE 3
1744+BOARD PROVIDED NOTICE TO T HE BOARD AS REQUIRED UND ER § 15–302(A) OF 4
1745+THIS TITLE. 5
1746+
1747+Article – Transportation 6
1748+
1749+13–616. 7
1750+
1751+ (a) (1) In this subtitle the following words have the meanings indicated. 8
1752+
1753+ (7) “Licensed physician assistant” means an individual who is licensed 9
1754+under Title 15 of the Health Occupations Article to practice [medicine with physician 10
1755+supervision] AS A PHYSICIAN ASSISTANT. 11
1756+
1757+ SECTION 2. AND BE IT FURTHER ENACTED, That: 12
1758+
1759+ (a) A physician assistant authorized to practice under a delegation agreement on 13
1760+October 1, 2024, may continue to practice as a physician assistant under the delegation 14
1761+agreement. 15
1762+
1763+ (b) The delegation agreement in effect on October 1, 2024, shall be treated the 16
1764+same as the collaboration agreement required under § 15–302 of the Health Occupations 17
1765+Article, as enacted by Section 1 of this Act, until an initial collaboration agreement is 18
1766+submitted to the State Board of Physicians by the physician assistant the physician 19
1767+assistant has provided notice to the State Board of Physicians as required under § 20
1768+15–302(a) of the Health Occupations Article, as enacted under Section 1 of this Act. 21
1769+
1770+ SECTION 3. AND BE IT FURTHER ENACTED, That, on or before January 1, 2025, 22
1771+the State Board of Physicians, with representatives from the Maryland Academy of 23
1772+Physician Assistants, the Physician Assistant Education Association, and physician 24
1773+assistant education programs in the State, shall review and update the list of advanced 25
1774+duties for physician assistants. 26
1775+
1776+ SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
1777+October 1, 2024. 28