Old | New | Differences | |
---|---|---|---|
1 | - | WES MOORE, Governor Ch. 919 | |
2 | 1 | ||
3 | - | – 1 – | |
4 | - | Chapter 919 | |
5 | - | (Senate Bill 167) | |
6 | 2 | ||
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* | |
8 | 9 | ||
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 | |
11 | 20 | ||
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 ______ | |
20 | 22 | ||
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 | |
26 | 24 | ||
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 | |
32 | 27 | ||
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 | |
38 | 36 | ||
39 | - | BY repealing and reenacting, | |
40 | - | Article – | |
41 | - | ||
42 | - | Annotated Code of Maryland | |
43 | - | ( | |
37 | + | BY repealing and reenacting, without amendments, 12 | |
38 | + | Article – Alcoholic Beverages and Cannabis 13 | |
39 | + | Section 36–101(a) 14 | |
40 | + | Annotated Code of Maryland 15 | |
41 | + | (2016 Volume and 2023 Supplement) 16 | |
44 | 42 | ||
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 | |
50 | 49 | ||
51 | - | – 2 – | |
52 | 50 | ||
53 | - | BY repealing and reenacting, without amendments, | |
54 | - | Article – | |
55 | - | Section | |
56 | - | Annotated Code of Maryland | |
57 | - | ( | |
51 | + | BY repealing and reenacting, without amendments, 1 | |
52 | + | Article – Courts and Judicial Proceedings 2 | |
53 | + | Section 3–2A–01(a) 3 | |
54 | + | Annotated Code of Maryland 4 | |
55 | + | (2020 Replacement Volume and 2023 Supplement) 5 | |
58 | 56 | ||
59 | - | BY repealing and reenacting, | |
60 | - | Article – | |
61 | - | Section | |
62 | - | Annotated Code of Maryland | |
63 | - | ( | |
57 | + | BY repealing and reenacting, with amendments, 6 | |
58 | + | Article – Courts and Judicial Proceedings 7 | |
59 | + | Section 3–2A–01(f) 8 | |
60 | + | Annotated Code of Maryland 9 | |
61 | + | (2020 Replacement Volume and 2023 Supplement) 10 | |
64 | 62 | ||
65 | - | BY repealing and reenacting, with amendments, | |
66 | - | Article – | |
67 | - | Section | |
68 | - | Annotated Code of Maryland | |
69 | - | ( | |
63 | + | BY repealing and reenacting, with amendments, 11 | |
64 | + | Article – Education 12 | |
65 | + | Section 7–402(c) and 18–802(a)(8) 13 | |
66 | + | Annotated Code of Maryland 14 | |
67 | + | (2022 Replacement Volume and 2023 Supplement) 15 | |
70 | 68 | ||
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 | |
79 | 74 | ||
80 | - | BY | |
81 | - | Article – Health | |
82 | - | ||
83 | - | Annotated Code of Maryland | |
84 | - | ( | |
75 | + | BY repealing and reenacting, without amendments, 21 | |
76 | + | Article – Health – General 22 | |
77 | + | Section 4–201(a) and 5–601(a) 23 | |
78 | + | Annotated Code of Maryland 24 | |
79 | + | (2023 Replacement Volume) 25 | |
85 | 80 | ||
86 | - | BY repealing and reenacting, | |
87 | - | Article – Health | |
88 | - | Section | |
89 | - | Annotated Code of Maryland | |
90 | - | ( | |
81 | + | BY repealing and reenacting, with amendments, 26 | |
82 | + | Article – Health – General 27 | |
83 | + | Section 4–201(s) and 5–601(v) 28 | |
84 | + | Annotated Code of Maryland 29 | |
85 | + | (2023 Replacement Volume) 30 | |
91 | 86 | ||
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 | |
98 | 95 | ||
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 | |
105 | 98 | ||
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) | |
111 | 99 | ||
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 | |
117 | 103 | ||
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 | |
120 | 109 | ||
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 | |
122 | 115 | ||
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 | |
124 | 121 | ||
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 | |
126 | 127 | ||
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 | |
128 | 133 | ||
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 | |
132 | 136 | ||
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 | |
136 | 138 | ||
137 | - | ||
139 | + | 36–101. 32 | |
138 | 140 | ||
139 | - | ||
141 | + | (a) In this title the following words have the meanings indicated. 33 | |
140 | 142 | ||
141 | - | 3–2A–01. | |
143 | + | (m) “Certifying provider” means an individual who: 34 | |
144 | + | 4 SENATE BILL 167 | |
142 | 145 | ||
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 | |
146 | 146 | ||
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 | |
155 | 150 | ||
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 | |
160 | 154 | ||
161 | - | ||
155 | + | 3.] is in good standing with the State Board of Physicians; 7 | |
162 | 156 | ||
163 | - | ||
157 | + | Article – Courts and Judicial Proceedings 8 | |
164 | 158 | ||
165 | - | (c) The physical examination required under subsection (b) of this section shall | |
166 | - | be completed by: | |
159 | + | 3–2A–01. 9 | |
167 | 160 | ||
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 | |
169 | 163 | ||
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 | |
173 | 171 | ||
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 | |
175 | 176 | ||
176 | - | ||
177 | + | Article – Education 23 | |
177 | 178 | ||
178 | - | ||
179 | + | 7–402. 24 | |
179 | 180 | ||
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 | |
184 | 183 | ||
185 | - | ||
184 | + | (1) A licensed physician; 27 | |
186 | 185 | ||
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 | |
188 | 189 | ||
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 | |
191 | 191 | ||
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 | |
196 | 193 | ||
197 | - | 5–601. | |
198 | 194 | ||
199 | - | (a) In this subtitle the following words have the meanings indicated. | |
200 | 195 | ||
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 | |
204 | 197 | ||
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 | |
206 | 202 | ||
207 | - | ||
203 | + | Article – Health – General 6 | |
208 | 204 | ||
209 | - | ||
205 | + | 4–201. 7 | |
210 | 206 | ||
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 | |
214 | 208 | ||
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 | |
217 | 212 | ||
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 | |
221 | 214 | ||
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 | |
224 | 216 | ||
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 | |
227 | 220 | ||
228 | - | ||
221 | + | Article – Health Occupations 17 | |
229 | 222 | ||
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 | |
232 | 224 | ||
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 | |
235 | 226 | ||
236 | - | 2 | |
237 | - | ||
238 | - | ||
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 | |
239 | 230 | ||
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 | |
241 | 233 | ||
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 | |
244 | 237 | ||
245 | - | ( | |
246 | - | ||
247 | - | ||
238 | + | (i) Is physically present on the premises where the prescription is 28 | |
239 | + | filled; and 29 | |
240 | + | 6 SENATE BILL 167 | |
248 | 241 | ||
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. | |
252 | 242 | ||
253 | - | 14–306. | |
243 | + | (ii) Performs a final check of the prescription before it is provided to 1 | |
244 | + | the patient. 2 | |
254 | 245 | ||
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 | |
259 | 247 | ||
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 | |
261 | 250 | ||
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 | |
263 | 253 | ||
264 | - | | |
265 | - | ||
266 | - | ||
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 | |
267 | 257 | ||
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 | |
269 | 260 | ||
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 | |
271 | 264 | ||
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 | |
274 | 268 | ||
275 | - | ||
269 | + | 14–306. 19 | |
276 | 270 | ||
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 | |
279 | 275 | ||
280 | - | (2) Certified to participate in the Medicare program, as enacted by Title | |
281 | - | XVIII of the Social Security Act. | |
276 | + | 15–101. 24 | |
282 | 277 | ||
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 | |
286 | 279 | ||
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 | |
293 | 283 | ||
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 | |
297 | 285 | ||
298 | - | ( | |
299 | - | ||
286 | + | (1) Accredited by: 30 | |
287 | + | SENATE BILL 167 7 | |
300 | 288 | ||
301 | - | 1. DECISIONS REGARDING T HE HEALTH CARE | |
302 | - | PROVIDED; | |
303 | 289 | ||
304 | - | | |
305 | - | ||
290 | + | (i) The American Association for Accreditation of Ambulatory 1 | |
291 | + | Surgical Facilities; 2 | |
306 | 292 | ||
307 | - | 3. ARRANGEMENT OF APPROP RIATE REFERRALS , | |
308 | - | TESTING, OR STUDIES. | |
293 | + | (ii) The Accreditation Association for Ambulatory Health Care; or 3 | |
309 | 294 | ||
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 | |
314 | 297 | ||
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 | |
316 | 300 | ||
317 | - | ( | |
318 | - | ||
301 | + | [(d)] (C) “Board” means the State Board of Physicians, established under § 8 | |
302 | + | 14–201 of this article. 9 | |
319 | 303 | ||
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 | |
321 | 309 | ||
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 | |
323 | 313 | ||
324 | - | ( | |
325 | - | ||
314 | + | (II) DEVELOPMENT OF AN APP ROPRIATE PLAN OF CAR E, 18 | |
315 | + | INCLUDING: 19 | |
326 | 316 | ||
327 | - | (3) IS SUBMITTED TO THE BOARD. | |
317 | + | 1. DECISIONS REGARDING T HE HEALTH CARE 20 | |
318 | + | PROVIDED; 21 | |
328 | 319 | ||
329 | - | | |
330 | - | ||
320 | + | 2. ACCESSING AND ASSESSM ENT OF APPROPRIATE 22 | |
321 | + | ADDITIONAL RESOURCES OR EXPERTISE; AND 23 | |
331 | 322 | ||
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 | |
335 | 325 | ||
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 | |
337 | 330 | ||
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 | |
340 | 332 | ||
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 | |
344 | 335 | ||
345 | - | (i–1)] (I) “Disciplinary panel” means a disciplinary panel of the Board | |
346 | - | established under § 14–401 of this article. | |
347 | 336 | ||
348 | - | (j) “Dispense” or “dispensing” has the meaning stated in § 12–101 of this article. | |
349 | 337 | ||
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 | |
352 | 339 | ||
353 | - | ( | |
340 | + | (II) A GROUP OF PHYSICIANS ; AND 2 | |
354 | 341 | ||
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 | |
356 | 344 | ||
357 | - | ( | |
345 | + | (3) IS SUBMITTED TO THE BOARD. 5 | |
358 | 346 | ||
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 | |
361 | 348 | ||
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 | |
363 | 351 | ||
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 | |
367 | 353 | ||
368 | - | ( | |
369 | - | this | |
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 | |
370 | 356 | ||
371 | - | ( | |
372 | - | ||
373 | - | ||
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 | |
374 | 360 | ||
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 | |
378 | 363 | ||
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 | |
382 | 365 | ||
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 | |
386 | 368 | ||
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 | |
389 | 370 | ||
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 | |
392 | 372 | ||
393 | - | | |
373 | + | (2) A comprehensive care facility that: 22 | |
394 | 374 | ||
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 | |
396 | 377 | ||
397 | - | (3) Appropriate to the physician assistant’s education, training, and | |
398 | - | experience] | |
378 | + | (ii) Offers acute care in the same building; and 25 | |
399 | 379 | ||
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 | |
401 | 383 | ||
402 | - | (2) AUTHORIZED UNDER THE PHYSICIAN ASSISTANT ’S | |
403 | - | COLLABORATION AGREEM ENT. | |
404 | 384 | ||
405 | - | [(q)] (S) “Prescriptive authority” means the authority [delegated by a primary | |
406 | - | or alternate supervising physician to] OF a physician assistant to: | |
407 | 385 | ||
408 | - | ( | |
409 | - | ||
386 | + | (m) “License” means a license issued by the Board to a physician assistant under 1 | |
387 | + | this title. 2 | |
410 | 388 | ||
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 | |
413 | 392 | ||
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 | |
415 | 398 | ||
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 | |
418 | 402 | ||
419 | - | ( | |
420 | - | ||
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 | |
421 | 405 | ||
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 | |
425 | 408 | ||
426 | - | ||
409 | + | [(1) Delegated by a supervising physician to a physician assistant; 18 | |
427 | 410 | ||
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 | |
430 | 412 | ||
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 | |
434 | 415 | ||
435 | - | ||
416 | + | (1) AUTHORIZED UNDER A LI CENSE ISSUED BY THE BOARD; AND 22 | |
436 | 417 | ||
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 | |
438 | 420 | ||
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 | |
440 | 423 | ||
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 | |
444 | 426 | ||
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 | |
449 | 430 | ||
450 | - | 15–103. | |
451 | 431 | ||
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 | |
454 | 433 | ||
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 | |
459 | 436 | ||
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 | |
465 | 439 | ||
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 | |
472 | 443 | ||
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 | |
480 | 446 | ||
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 | |
487 | 450 | ||
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 | |
490 | 452 | ||
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 | |
494 | 454 | ||
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 | |
497 | 456 | ||
498 | - | ( | |
499 | - | ||
500 | - | ||
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 | |
501 | 460 | ||
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 | |
504 | 465 | ||
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 | |
510 | 467 | ||
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 | |
517 | 470 | ||
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 | |
520 | 475 | ||
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 | |
524 | 478 | ||
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. | |
528 | 479 | ||
529 | - | ||
530 | - | ||
531 | - | ||
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 | |
532 | 483 | ||
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 | |
535 | 489 | ||
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 | |
539 | 496 | ||
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 | |
542 | 503 | ||
543 | - | ( | |
544 | - | ||
504 | + | (1) The hospital, related institution, alternative health care system, or 21 | |
505 | + | employer knows that the physician assistant is: 22 | |
545 | 506 | ||
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 | |
548 | 510 | ||
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 | |
550 | 513 | ||
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 | |
552 | 517 | ||
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 | |
554 | 520 | ||
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 | |
556 | 526 | ||
557 | - | (i) 3 shall be licensed physicians; | |
558 | 527 | ||
559 | - | (ii) 3 shall be licensed physician assistants; and | |
560 | 528 | ||
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 | |
562 | 535 | ||
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 | |
568 | 540 | ||
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 | |
570 | 544 | ||
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 | |
572 | 548 | ||
573 | - | ( | |
574 | - | ||
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 | |
575 | 551 | ||
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 | |
578 | 555 | ||
579 | - | ( | |
580 | - | ||
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 | |
581 | 558 | ||
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 | |
586 | 561 | ||
587 | - | ( | |
588 | - | ||
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 | |
589 | 564 | ||
590 | - | ||
565 | + | (k) The Board shall adopt regulations to implement the provisions of this section. 28 | |
591 | 566 | ||
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 | |
595 | 568 | ||
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 | |
598 | 570 | ||
599 | - | | |
571 | + | (2) Of the 7 Committee members: 31 | |
600 | 572 | ||
601 | - | ||
602 | - | ||
573 | + | (i) 3 shall be licensed physicians; 32 | |
574 | + | SENATE BILL 167 13 | |
603 | 575 | ||
604 | - | [(3)] (2) Customary to the practice of the [primary or alternate | |
605 | - | supervising] physician; and | |
606 | 576 | ||
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 | |
609 | 578 | ||
610 | - | [(4)] (3) Consistent with the [delegation] COLLABORATION agreement | |
611 | - | filed with the Board. | |
579 | + | (iii) 1 shall be a consumer. 2 | |
612 | 580 | ||
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 | |
615 | 586 | ||
616 | - | – | |
587 | + | 15–205. 8 | |
617 | 588 | ||
618 | - | ( | |
619 | - | ||
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 | |
620 | 591 | ||
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 | |
622 | 594 | ||
623 | - | ( | |
624 | - | ||
595 | + | (2) Recommend to the Board approval, modification, or disapproval of an 13 | |
596 | + | application for licensure [or a delegation agreement]; 14 | |
625 | 597 | ||
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 | |
628 | 602 | ||
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 | |
632 | 605 | ||
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 | |
635 | 607 | ||
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 | |
638 | 611 | ||
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 | |
642 | 614 | ||
643 | - | ( | |
615 | + | [(1) Delegated by the primary or alternate supervising physician;] 27 | |
644 | 616 | ||
645 | - | (ii) Issuing diagnostic orders; and | |
617 | + | [(2)] (1) Appropriate to the education, training, and experience of the 28 | |
618 | + | physician assistant; 29 | |
646 | 619 | ||
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 | |
649 | 623 | ||
650 | - | (7) Exercising prescriptive authority under a delegation agreement and in | |
651 | - | accordance with § 15–302.2 of this subtitle.] | |
652 | 624 | ||
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 | |
654 | 627 | ||
655 | - | (2) PERFORMING PHYSICAL E XAMINATIONS ; | |
628 | + | [(4)] (3) Consistent with the [delegation] COLLABORATION agreement 3 | |
629 | + | filed with the Board. 4 | |
656 | 630 | ||
657 | - | (3) | |
658 | - | ||
631 | + | (3) IN A MANNER CONSISTEN T WITH THE COLLABORA TION 5 | |
632 | + | AGREEMENT . 6 | |
659 | 633 | ||
660 | - | ( | |
661 | - | ||
634 | + | (c) Patient services that may be provided by a physician assistant UNDER A 7 | |
635 | + | COLLABORATION AGREEM ENT include: 8 | |
662 | 636 | ||
663 | - | ||
637 | + | [(1) (i) Taking complete, detailed, and accurate patient histories; and 9 | |
664 | 638 | ||
665 | - | ( | |
666 | - | ||
639 | + | (ii) Reviewing patient records to develop comprehensive medical 10 | |
640 | + | status reports; 11 | |
667 | 641 | ||
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 | |
671 | 644 | ||
672 | - | ( | |
673 | - | ||
674 | - | ||
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 | |
675 | 648 | ||
676 | - | ( | |
677 | - | ||
649 | + | (4) Initiating requests for or performing diagnostic procedures as indicated 17 | |
650 | + | by pertinent data and as authorized by the supervising physician; 18 | |
678 | 651 | ||
679 | - | ( | |
680 | - | ||
652 | + | (5) Providing instructions and guidance regarding medical care matters to 19 | |
653 | + | patients; 20 | |
681 | 654 | ||
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 | |
683 | 658 | ||
684 | - | ( | |
659 | + | (i) Recording patient progress notes; 24 | |
685 | 660 | ||
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 | |
689 | 662 | ||
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 | |
691 | 665 | ||
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 | |
696 | 668 | ||
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 | |
700 | 671 | ||
701 | - | (13) (12) CERTIFYING A PATIENT ’S HEALTH OR DISABILI TY AS | |
702 | - | REQUIRED BY A FEDERA L, STATE, OR LOCAL PROGRAM ; AND | |
703 | 672 | ||
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 | |
708 | 674 | ||
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 | |
712 | 677 | ||
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 | |
717 | 680 | ||
718 | - | ( | |
719 | - | ||
681 | + | (5) ORDERING DIAGNOSTIC T ESTS AND USING THE F INDINGS OR 6 | |
682 | + | RESULTS IN THE CARE OF PATIENTS; 7 | |
720 | 683 | ||
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 | |
722 | 687 | ||
723 | - | ( | |
724 | - | ||
725 | - | ||
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 | |
726 | 691 | ||
727 | - | ( | |
728 | - | ||
692 | + | (6) EXERCISING PRESCRIPTI VE AUTHORITY IN ACCO RDANCE WITH § 14 | |
693 | + | 15–302.1 15–302.2 OF THIS SUBTITLE; 15 | |
729 | 694 | ||
730 | - | ( | |
731 | - | ||
695 | + | (7) INFORMING PATIENTS ABOUT HE ALTH PROMOTION AND D ISEASE 16 | |
696 | + | PREVENTION ; 17 | |
732 | 697 | ||
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 | |
735 | 699 | ||
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 | |
739 | 701 | ||
740 | - | ( | |
741 | - | ||
742 | - | ||
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 | |
743 | 705 | ||
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 | |
751 | 707 | ||
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 | |
754 | 712 | ||
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 | |
756 | 717 | ||
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 | |
760 | 718 | ||
761 | - | ( | |
762 | - | ||
719 | + | (13) (12) CERTIFYING A PATIENT ’S HEALTH OR DISABILITY AS 1 | |
720 | + | REQUIRED BY A FEDERA L, STATE, OR LOCAL PROGRAM ; AND 2 | |
763 | 721 | ||
764 | - | | |
765 | - | ||
766 | - | ||
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 | |
767 | 725 | ||
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 | |
773 | 728 | ||
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 | |
776 | 733 | ||
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 | |
778 | 736 | ||
779 | - | ( | |
737 | + | (i) The FOR WHICH THE individual has not been licensed; and 14 | |
780 | 738 | ||
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 | |
783 | 742 | ||
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 | |
788 | 745 | ||
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 | |
790 | 748 | ||
791 | - | ( | |
792 | - | ||
749 | + | (IV) THAT IS NOT CUSTOMARY TO THE PRACTICE OF A PATIENT 22 | |
750 | + | CARE TEAM PHYSICIAN LISTED ON THE COLLAB ORATION AGREEMENT . 23 | |
793 | 751 | ||
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 | |
796 | 755 | ||
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 | |
801 | 759 | ||
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 | |
805 | 764 | ||
806 | - | [(2)] (III) A description of the settings in which the physician assistant will | |
807 | - | practice[; | |
808 | 765 | ||
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 | |
811 | 769 | ||
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 | |
815 | 772 | ||
816 | - | ( | |
817 | - | ||
818 | - | ||
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 | |
819 | 776 | ||
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 | |
823 | 779 | ||
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 | |
826 | 783 | ||
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 | |
830 | 789 | ||
831 | - | ( | |
832 | - | ||
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 | |
833 | 792 | ||
834 | - | (10) The following statement: “The primary supervising physician and the | |
835 | - | physician assistant attest that: | |
793 | + | 15–302. 21 | |
836 | 794 | ||
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 | |
840 | 796 | ||
841 | - | ( | |
842 | - | ||
797 | + | (1) A delegation agreement has been executed and filed with the Board; 23 | |
798 | + | and 24 | |
843 | 799 | ||
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 | |
847 | 804 | ||
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 | |
857 | 806 | ||
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 | |
863 | 810 | ||
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: | |
867 | 811 | ||
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 | |
871 | 814 | ||
872 | - | ( | |
873 | - | ||
874 | - | ||
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 | |
875 | 818 | ||
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 | |
880 | 821 | ||
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 | |
885 | 824 | ||
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 | |
892 | 827 | ||
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 | |
897 | 831 | ||
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 | |
904 | 835 | ||
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 | |
909 | 839 | ||
910 | - | ( | |
911 | - | ||
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 | |
912 | 842 | ||
913 | - | ( | |
914 | - | ||
915 | - | ||
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 | |
916 | 846 | ||
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 | |
918 | 849 | ||
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 | |
922 | 852 | ||
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 | |
924 | 857 | ||
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 | |
928 | 858 | ||
929 | - | | |
930 | - | ||
859 | + | (ii) The patient will be provided access to the supervising physician 1 | |
860 | + | on request”; and 2 | |
931 | 861 | ||
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 | |
936 | 864 | ||
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 | |
939 | 873 | ||
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 | |
947 | 879 | ||
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 | |
954 | 883 | ||
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 | |
956 | 887 | ||
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 | |
958 | 891 | ||
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 | |
960 | 896 | ||
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 | |
963 | 901 | ||
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 | |
965 | 904 | ||
966 | - | (1) As a primary supervising physician in accordance with a delegation | |
967 | - | agreement approved by the Board under this subtitle; or | |
968 | 905 | ||
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 | |
970 | 909 | ||
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 | |
973 | 913 | ||
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 | |
977 | 920 | ||
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 | |
980 | 925 | ||
981 | - | | |
982 | - | and | |
926 | + | (e) The Committee may conduct a personal interview of the primary supervising 17 | |
927 | + | physician and the physician assistant. 18 | |
983 | 928 | ||
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 | |
985 | 932 | ||
986 | - | ( | |
933 | + | (i) May approve the delegation agreement; or 22 | |
987 | 934 | ||
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 | |
989 | 938 | ||
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 | |
992 | 940 | ||
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 | |
995 | 944 | ||
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 | |
1000 | 947 | ||
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 | |
1009 | 952 | ||
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. | |
1016 | 953 | ||
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. | |
1020 | 954 | ||
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 | |
1022 | 963 | ||
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 | |
1025 | 970 | ||
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 | |
1029 | 972 | ||
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 | |
1033 | 974 | ||
1034 | - | ||
975 | + | (3) A public health facility. 17 | |
1035 | 976 | ||
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 | |
1039 | 979 | ||
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 | |
1043 | 981 | ||
1044 | - | ( | |
1045 | - | ||
982 | + | (1) As a primary supervising physician in accordance with a delegation 21 | |
983 | + | agreement approved by the Board under this subtitle; or 22 | |
1046 | 984 | ||
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 | |
1051 | 986 | ||
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 | |
1055 | 989 | ||
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 | |
1058 | 993 | ||
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 | |
1068 | 996 | ||
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 | |
1073 | 1000 | ||
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: | |
1077 | 1001 | ||
1078 | - | | |
1002 | + | 2. A period of 45 consecutive days at any one time; and 1 | |
1079 | 1003 | ||
1080 | - | ||
1004 | + | (iv) The physician assistant performs only those medical acts that: 2 | |
1081 | 1005 | ||
1082 | - | (II) A CORRECTIONAL FACILIT Y; | |
1006 | + | 1. Have been delegated under the delegation agreement filed 3 | |
1007 | + | with the Board; and 4 | |
1083 | 1008 | ||
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 | |
1085 | 1011 | ||
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 | |
1087 | 1016 | ||
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 | |
1090 | 1025 | ||
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 | |
1094 | 1032 | ||
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 | |
1101 | 1036 | ||
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 | |
1108 | 1038 | ||
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 | |
1110 | 1041 | ||
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 | |
1114 | 1046 | ||
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 . | |
1118 | 1047 | ||
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 | |
1123 | 1051 | ||
1124 | - | ||
1125 | - | ||
1126 | - | ||
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 | |
1127 | 1055 | ||
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 | |
1130 | 1059 | ||
1131 | - | ( | |
1132 | - | ||
1060 | + | (2) AN EVENT DESCRIBED IN SUBSECTION (H) OF THIS SECTION 10 | |
1061 | + | OCCURS. 11 | |
1133 | 1062 | ||
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 | |
1136 | 1067 | ||
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 | |
1139 | 1071 | ||
1140 | - | ( | |
1141 | - | ||
1072 | + | (o) A physician assistant may practice in accordance with a delegation agreement 19 | |
1073 | + | filed with the Board under this subtitle.] 20 | |
1142 | 1074 | ||
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 | |
1146 | 1084 | ||
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 | |
1148 | 1090 | ||
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. | |
1153 | 1091 | ||
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 | |
1158 | 1095 | ||
1159 | - | ( | |
1096 | + | (I) A HOSPITAL; 4 | |
1160 | 1097 | ||
1161 | - | (2) The Board has not made a final decision regarding the delegation | |
1162 | - | agreement. | |
1098 | + | (II) A CORRECTIONAL FACILITY ; 5 | |
1163 | 1099 | ||
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 | |
1167 | 1101 | ||
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 | |
1170 | 1103 | ||
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 | |
1172 | 1106 | ||
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 | |
1175 | 1110 | ||
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 | |
1180 | 1117 | ||
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 | |
1182 | 1124 | ||
1183 | - | ( | |
1125 | + | (3) THE BOARD MAY TERMINATE A COLLABORATION AGREEM ENT IF: 25 | |
1184 | 1126 | ||
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 | |
1187 | 1130 | ||
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 | |
1191 | 1135 | ||
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.] | |
1195 | 1136 | ||
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 | |
1197 | 1140 | ||
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 | |
1199 | 1143 | ||
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 | |
1201 | 1146 | ||
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 | |
1203 | 1149 | ||
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 | |
1205 | 1152 | ||
1206 | - | ( | |
1207 | - | ||
1153 | + | (2) THE PHYSICIAN ASSISTA NT IS UNABLE TO PERF ORM THE 12 | |
1154 | + | DELEGATED DUTIES SAF ELY. 13 | |
1208 | 1155 | ||
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 | |
1213 | 1158 | ||
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 | |
1216 | 1162 | ||
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 | |
1220 | 1164 | ||
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 | |
1224 | 1169 | ||
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 | |
1228 | 1174 | ||
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 | |
1235 | 1176 | ||
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 | |
1241 | 1180 | ||
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 . | |
1246 | 1181 | ||
1247 | - | (D) A | |
1248 | - | ||
1249 | - | ||
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 | |
1250 | 1185 | ||
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 | |
1254 | 1188 | ||
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 | |
1258 | 1191 | ||
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 | |
1262 | 1196 | ||
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 | |
1265 | 1198 | ||
1266 | - | (1) | |
1199 | + | (1) The agreement does not meet the requirements of this subtitle; or 13 | |
1267 | 1200 | ||
1268 | - | (2) | |
1269 | - | ||
1201 | + | (2) The physician assistant is unable to perform safely the delegated 14 | |
1202 | + | duties. 15 | |
1270 | 1203 | ||
1271 | - | ( | |
1272 | - | AGREEMENT | |
1273 | - | OF | |
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 | |
1274 | 1207 | ||
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 | |
1282 | 1211 | ||
1283 | - | (2) IF THE BOARD MAKES A MODIFIC ATION UNDER PARAGRAP H (1) | |
1284 | - | OF THIS SUBSECTION , THE BOARD: | |
1212 | + | 15–302.1. 22 | |
1285 | 1213 | ||
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 | |
1290 | 1215 | ||
1291 | - | (II) MAY NOT RESTR ICT THE SUBMISSION O F AN AMENDMENT | |
1292 | - | TO THE ADVANCED DUTY . | |
1216 | + | (1) A HOSPITAL; 24 | |
1293 | 1217 | ||
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 | |
1298 | 1219 | ||
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 | |
1303 | 1221 | ||
1304 | - | ||
1305 | - | ||
1222 | + | (4) ANOTHER PRACTICE SETT ING LISTED ON A HOSP ITAL 27 | |
1223 | + | DELINEATION OF PRIVI LEGES DOCUMENT . 28 | |
1306 | 1224 | ||
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 | |
1312 | 1227 | ||
1313 | - | (1) A notice of intent to delegate prescribing and, if applicable, dispensing | |
1314 | 1228 | ||
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 | |
1318 | 1231 | ||
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 | |
1322 | 1236 | ||
1323 | - | ( | |
1324 | - | ||
1325 | - | ||
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 | |
1326 | 1240 | ||
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 | |
1331 | 1244 | ||
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 | |
1335 | 1251 | ||
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 | |
1337 | 1257 | ||
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 | |
1341 | 1262 | ||
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 | |
1344 | 1266 | ||
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 | |
1346 | 1271 | ||
1347 | - | (i) A bachelor’s degree or its equivalent; or | |
1348 | 1272 | ||
1349 | - | ( | |
1350 | - | assistant | |
1351 | - | ||
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 | |
1352 | 1276 | ||
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 | |
1357 | 1279 | ||
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 | |
1362 | 1281 | ||
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 | |
1366 | 1283 | ||
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 | |
1368 | 1286 | ||
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 | |
1370 | 1290 | ||
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 | |
1373 | 1298 | ||
1374 | - | (1) | |
1375 | - | ||
1299 | + | (2) IF THE BOARD MAKES A MODIFIC ATION UNDER PARAGRAP H (1) 20 | |
1300 | + | OF THIS SUBSECTION , THE BOARD: 21 | |
1376 | 1301 | ||
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 | |
1379 | 1306 | ||
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 | |
1383 | 1309 | ||
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 | |
1389 | 1314 | ||
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 | |
1391 | 1317 | ||
1392 | - | (3) DURABLE MEDICAL EQUIP MENT. | |
1393 | 1318 | ||
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 | |
1398 | 1321 | ||
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 | |
1403 | 1323 | ||
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 | |
1406 | 1328 | ||
1407 | - | (II) FEDERAL DRUG ENFORCEMENT AGENCY (DEA) | |
1408 | - | REGISTRATION . | |
1329 | + | (1) A notice of intent to delegate prescribing and, if applicable, dispensing 8 | |
1409 | 1330 | ||
1410 | - | ||
1411 | - | ||
1412 | - | ||
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 | |
1413 | 1334 | ||
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 | |
1416 | 1338 | ||
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 | |
1418 | 1342 | ||
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 | |
1421 | 1347 | ||
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 | |
1424 | 1351 | ||
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 | |
1428 | 1353 | ||
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 | |
1434 | 1357 | ||
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 | |
1438 | 1360 | ||
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 | |
1441 | 1362 | ||
1442 | - | | |
1443 | - | | |
1363 | + | (i) A bachelor’s degree or its equivalent; or 32 | |
1364 | + | 30 SENATE BILL 167 | |
1444 | 1365 | ||
1445 | - | – 32 – | |
1446 | - | 3. THE PHYSICIAN ASSISTA NT ENTERS AN APPROPR IATE | |
1447 | - | RECORD IN THE PATIEN T’S MEDICAL RECORD ; OR | |
1448 | 1366 | ||
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 | |
1452 | 1369 | ||
1453 | - | 1 | |
1454 | - | THE | |
1455 | - | ||
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 | |
1456 | 1373 | ||
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 | |
1459 | 1378 | ||
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 | |
1462 | 1382 | ||
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 | |
1466 | 1384 | ||
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 | |
1470 | 1386 | ||
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 | |
1474 | 1389 | ||
1475 | - | ( | |
1476 | - | ||
1390 | + | (1) IS PHYSICALLY PRESENT ON THE PREMISES WHER E A 17 | |
1391 | + | PRESCRIPTION IS FILL ED; AND 18 | |
1477 | 1392 | ||
1478 | - | ( | |
1479 | - | THE | |
1393 | + | (2) PERFORMS A FINAL CHEC K OF THE PRESCRIPTIO N BEFORE IT IS 19 | |
1394 | + | PROVIDED TO THE PATI ENT. 20 | |
1480 | 1395 | ||
1481 | - | ( | |
1482 | - | ||
1483 | - | ||
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 | |
1484 | 1399 | ||
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 | |
1489 | 1405 | ||
1490 | - | ||
1406 | + | (2) MEDICAL DEVICES ; AND 29 | |
1491 | 1407 | ||
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 | |
1496 | 1410 | ||
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.] | |
1501 | 1411 | ||
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 | |
1504 | 1415 | ||
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 | |
1506 | 1419 | ||
1507 | - | (2) BUSINESS ADDRESS ; AND | |
1420 | + | (I) STATE CONTROLLED DANG EROUS SUBSTANCE 7 | |
1421 | + | REGISTRATION ; AND 8 | |
1508 | 1422 | ||
1509 | - | (3) BUSINESS TELEPHONE NU MBER. | |
1423 | + | (II) FEDERAL DRUG ENFORCEMENT AGENCY (DEA) 9 | |
1424 | + | REGISTRATION . 10 | |
1510 | 1425 | ||
1511 | - | ( | |
1512 | - | ||
1513 | - | ||
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 | |
1514 | 1429 | ||
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 | |
1516 | 1432 | ||
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 | |
1520 | 1434 | ||
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 | |
1524 | 1437 | ||
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 | |
1529 | 1440 | ||
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 | |
1531 | 1444 | ||
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 | |
1533 | 1450 | ||
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 | |
1536 | 1455 | ||
1537 | - | – 34 – | |
1538 | 1456 | ||
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 | |
1540 | 1459 | ||
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 | |
1543 | 1461 | ||
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 | |
1545 | 1464 | ||
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 | |
1548 | 1468 | ||
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 | |
1556 | 1472 | ||
1557 | - | | |
1558 | - | ||
1473 | + | 2. A MEDICAL FACILITY OR CLINIC THAT IS OPERA TED 12 | |
1474 | + | ON A NONPROFIT BASIS ; 13 | |
1559 | 1475 | ||
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 | |
1561 | 1478 | ||
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 | |
1564 | 1482 | ||
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 | |
1567 | 1486 | ||
1568 | - | ( | |
1569 | - | ||
1570 | - | ||
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 | |
1571 | 1490 | ||
1572 | - | | |
1573 | - | ||
1491 | + | (I) COMPLY WITH THE LABEL ING REQUIREMENTS OF § 12–505 25 | |
1492 | + | OF THIS ARTICLE; 26 | |
1574 | 1493 | ||
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 | |
1579 | 1496 | ||
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 | |
1582 | 1501 | ||
1583 | - | – 35 – | |
1584 | - | A license authorizes the licensee to practice as a physician assistant [under a | |
1585 | - | delegation agreement] while the license is effective. | |
1586 | 1502 | ||
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 | |
1588 | 1507 | ||
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 | |
1591 | 1512 | ||
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 | |
1595 | 1517 | ||
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 | |
1599 | 1520 | ||
1600 | - | 15 | |
1521 | + | (1) NAME; 15 | |
1601 | 1522 | ||
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 | |
1606 | 1524 | ||
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 | |
1610 | 1526 | ||
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 | |
1613 | 1530 | ||
1614 | - | (2) Waived any claim of privilege as to the testimony or examination | |
1615 | - | reports. | |
1531 | + | [15–302.3. 21 | |
1616 | 1532 | ||
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 | |
1622 | 1536 | ||
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 | |
1624 | 1540 | ||
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 | |
1626 | 1545 | ||
1627 | - | ||
1628 | - | ||
1546 | + | 15–303. 32 | |
1547 | + | 34 SENATE BILL 167 | |
1629 | 1548 | ||
1630 | - | – 36 – | |
1631 | - | advanced duty, the Board shall give the licensee the opportunity for a hearing before the | |
1632 | - | Board. | |
1633 | 1549 | ||
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 | |
1636 | 1551 | ||
1637 | - | ( | |
1638 | - | ||
1552 | + | (1) Complete a criminal history records check in accordance with § 2 | |
1553 | + | 14–308.1 of this article; 3 | |
1639 | 1554 | ||
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 | |
1642 | 1556 | ||
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 | |
1646 | 1559 | ||
1647 | - | ||
1560 | + | (4) Be at least 18 years old; [and] 7 | |
1648 | 1561 | ||
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 | |
1653 | 1564 | ||
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 | |
1658 | 1572 | ||
1659 | - | | |
1660 | - | physician; | |
1573 | + | (I) THE ACCREDITATION REVIEW COMMISSION ON 17 | |
1574 | + | EDUCATION FOR THE PHYSICIAN ASSISTANT; OR 18 | |
1661 | 1575 | ||
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 | |
1664 | 1577 | ||
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 | |
1668 | 1580 | ||
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 | |
1672 | 1583 | ||
1673 | - | ||
1674 | - | ||
1675 | - | ||
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 | |
1676 | 1587 | ||
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 | |
1680 | 1590 | ||
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 | |
1683 | 1595 | ||
1684 | - | 15–317. | |
1685 | 1596 | ||
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. | |
1692 | 1597 | ||
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 | |
1697 | 1599 | ||
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 | |
1702 | 1602 | ||
1703 | - | 15– | |
1603 | + | 15–309. 4 | |
1704 | 1604 | ||
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 | |
1708 | 1607 | ||
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 | |
1711 | 1611 | ||
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 | |
1713 | 1615 | ||
1714 | - | (2) PROVIDED NOTICE TO TH E BOARD AS REQUIRED UND ER § | |
1715 | - | 15–302(A) OF THIS TITLE. | |
1616 | + | 15–310. 13 | |
1716 | 1617 | ||
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 | |
1720 | 1622 | ||
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 | |
1723 | 1626 | ||
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 | |
1730 | 1629 | ||
1731 | - | Article – Transportation | |
1630 | + | (2) Waived any claim of privilege as to the testimony or examination 23 | |
1631 | + | reports. 24 | |
1732 | 1632 | ||
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 | |
1734 | 1638 | ||
1735 | - | ( | |
1639 | + | (d) The Board shall pay the costs of any examination made under this section. 30 | |
1736 | 1640 | ||
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 | |
1740 | 1643 | ||
1741 | - | SECTION 2. AND BE IT FURTHER ENACTED, That: | |
1742 | 1644 | ||
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 | |
1746 | 1649 | ||
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 | |
1753 | 1652 | ||
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 | |
1759 | 1655 | ||
1760 | - | | |
1761 | - | ||
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 | |
1762 | 1658 | ||
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 |