HB3916 HFLR Page 1 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 HOUSE OF REPRESENTATIVES - FLOOR VERSION STATE OF OKLAHOMA 2nd Session of the 58th Legislature (2022) COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 3916 By: Roberts (Dustin) and Pfeiffer COMMITTEE SUBSTITUTE An Act relating to professions and occupations; amending 59 O.S. 2021, Section 519.6, which relates to the Physician Assistant Act; modifying practice agreements; and providing an effective date . BE IT ENACTED BY THE PEOPLE OF THE STATE OF O KLAHOMA: SECTION 1. AMENDATORY 59 O.S. 2021, Secti on 519.6, is amended to read as follows: Section 519.6 A. No health care services may be performed by a physician assistant unless a current license is on file with and approved by the State Board of Medic al Licensure and Supervision. All practice agreements and any amendments shall be filed with the State Board of Medical Licensure and Supervision within ten (10) business days of being executed. Practice agreements may be filed electronically. The State Board of Medical Licensure and HB3916 HFLR Page 2 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Supervision shall not charge a fee for filing or amendments of practice agreements. B. A physician assistant may have practice agreements with multiple allopathic or osteopathic physicians. Each physician shall be in good standing with the State Board of Medical Licensur e and Supervision or the State Board of Osteopathic Examiners. The State Board of Medical Licensure and Supervision or th e State Board of Osteopathic Examiners shall not limit the number of physician assistants that an allopathic or osteopathic physician may delegate to or limit the number of practice agreements that an allopathic or osteopathic physician has with physician assistants, except as part of a disciplinary action involving an allopathic or osteopathic physician. C. The delegating physician nee d not be physically present nor be specifically consulted before each delegated patient care service is performed by a physician assistant, so long as the delegating physician and physician assistant are or can be easil y in contact with one another by mean s of telecommunication. In all patient care settings, the delegating physician shall provide appropriate method s of participating in health care services provided by the physician assistant including: a. being responsible for the formulation or approval o f all orders and protocols, whether standing orders, direct orders or any other orders or protocols, which HB3916 HFLR Page 3 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 direct the delivery of health care services provided by a physician assis tant, and periodically reviewing such orders and protocols, b. regularly reviewing the health care services provided by the physician assistant and any problems or complications encountere d, c. being available physically or through telemedicine or direct telecommunications for consultation, ass istance with medical emergencies or p atient referral, d. reviewing a sample of outpatient medical records. Such reviews shall take place at a site a greed upon between the delegating physician and physician assistant in the practice agreement which may als o occur using electronic or virtual c onferencing, and e. that it remains clear that the physician assistant is an agent of the delegating physician; but, in no event shall the delegating physician be an employee of th e physician assistant. D. In patients with newly diagnosed complex illnesse s, the physician assistant shall contact the delegating physician within forty-eight (48) hours of the physician assistant's initial examination or treatment and schedule the patie nt for appropriate evaluation by the de legating physician as directed by the physician. The delegating physician shall determine which conditions qualify as HB3916 HFLR Page 4 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 complex illnesses based on the clinical setting and the skill and experience of the physician assi stant. E. 1. A physician assistant un der the direction of a delegating physician may prescribe written and oral prescriptions and orders. The physician assistant may prescribe drugs, in cluding controlled medications in Schedules II through V pursuant to Section 2-312 of Title 63 of the Oklah oma Statutes, and medical supplies an d services as delegated by the delegating physician and as approved by the State Board of Medical Licensure and Supervision after consultation with the State Board of Pharmacy on t he Physician Assistant Drug Formulary. 2. A physician assistant may write a n order for a Schedule II drug for immediate or ongoing administration on site. Prescriptions and orders for Schedule II drugs written by a physician assistant must be included on a written protocol determined by the d elegating physician and approved by t he medical staff committee of the facility or by direct verbal order of the delegating physician. Physician assistants may not dispense drugs, but may request, receive, and sign for professional samples and may distrib ute professional samples to patients. F. A physician assistant may perform health care services in patient care settings as authorized by the delega ting physician. G. Each physician assistant licensed under the Phys ician Assistant Act shall keep his or h er license available for inspection HB3916 HFLR Page 5 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 at the primary place of business and shall, when engaged in professional activities, identify himself or herself as a physician assistant. H. A physician assistant shall be bound b y the provisions contained in Sections 725.1 through 725.5 of Title 59 of the Oklahoma Statutes this title. SECTION 2. This act shall become effective November 1, 2022. COMMITTEE REPORT BY: COMMITTEE ON RULES, dated 03/03/2022 - DO PASS, As Amended and Coauthored.