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South Dakota House Bill HB1071

South Dakota 2025 Regular Session

South Dakota House Bill HB1071 Compare Versions

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1-25.137.18 100th Legislative Session 1071
1+25.137.17 100th Legislative Session 1071
22
33
44 2025 South Dakota Legislature
55 House Bill 1071
6-ENROLLED
7-
8-AN ACT
9-
10-
11-ENTITLED An Act to modify practice criteria for physician assistants.
12-BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
13-Section 1. That § 36-4A-1 be AMENDED:
14-36-4A-1. Terms as used in this chapter mean:
15-(1) "Board," the State Board of Medical and Osteopathic Examiners;
16-(2) "Collaboration," the consultation with, or referral to, an appropriate physician or
17-other licensed health care provider by a physician assistant, as indicated by:
18-(a) The patient's condition;
19-(b) The education, competencies, and experience of the physician assistant;
20-and
21-(c) The standard of care; and
22-(3) "Physician assistant," a health care provider who meets the qualifications set forth
23-in this chapter and is licensed by the board.
24-Section 2. That § 36-4A-1.1 be AMENDED:
25-36-4A-1.1. The term "collaborative agreement," as used in this chapter, means a
26-contract that:
27-(1) Is signed by a physician assistant, who has not filed an affidavit with the board
28-attesting to the completion of at least six thousand practice hours, and a physician
29-licensed in accordance with chapter 36-4; and
30-(2) Contains the terms and conditions governing the collaboration of the providers.
31-A physician who is entering into a collaborative agreement must be free from any
32-disciplinary action that would restrict the ability to collaborate.
33-A physician assistant, for whom a collaborative agreement has been signed, shall
34-keep a copy of the agreement on file at the physician assistant's primary practice site. 25.137.18 2 1071
35-HB1071 ENROLLED
36-The physician assistant shall provide a copy of the signed collaborative agreement to the
37-board, upon request.
38-Section 3. That chapter 36-4A be amended with a NEW SECTION:
39-A physician assistant may practice without a collaborative agreement if the
40-physician assistant:
41-(1) Is certified by the National Commission on Certification of Physician Assistants;
42-and
43-(2) Files an affidavit with the board attesting to the completion of at least six thousand
44-practice hours.
45-The physician assistant shall provide documentation of national certification and
46-the successful completion of the six thousand practice hours to the board, upon request.
47-Section 4. That § 36-4A-4 be AMENDED:
48-36-4A-4. Except as provided in §§ 36-4A-5 and 36-4A-6, any individual who
49-practices as a physician assistant in this state, without a license issued by the board, is
50-guilty of a Class 1 misdemeanor. Each violation is a separate offense.
51-Section 5. That chapter 36-4A be amended with a NEW SECTION:
52-Except as provided in § 36-4A-6, an individual who is not licensed under this
53-chapter, but meets the qualifications for licensure under this chapter, may use the title of
54-physician assistant, but may not practice as a physician assistant.
55-Section 6. That § 36-4A-5 be AMENDED:
56-36-4A-5. Nothing in this chapter limits the activities and services of a student
57-enrolled in a physician assistant program accredited by the Accreditation Review
58-Commission on Education for the Physician Assistant.
59-Section 7. That § 36-4A-8 be AMENDED:
60-36-4A-8. The board may grant a license to an applicant who:
61-(1) Is of good moral character;
62-(2) Has completed an educational program for physician assistants accredited by the
63-Accreditation Review Commission on Education for the Physician Assistant or its
64-successor agency, or, prior to 2001, either by the Committee on Allied Health 25.137.18 3 1071
65-HB1071 ENROLLED
66-Education and Accreditation or the Commission on Accreditation of Allied Health
67-Education Programs;
68-(3) Has passed the Physician Assistant National Certifying Examination administered
69-by the National Commission on Certification of Physician Assistants;
70-(4) Has submitted verification that the applicant is not subject to any disciplinary
71-proceeding or pending complaint before any medical or other licensing board, or
72-has notified the board of a disciplinary proceeding or pending complaint and the
73-board, after consideration, agrees to licensure; and
74-(5) Has:
75-(a) Filed an affidavit with the board attesting to the completion of at least six
76-thousand practice hours; or
77-(b) Entered into a collaborative agreement, as provided for in this chapter.
78-Section 8. That § 36-4A-8.1 be AMENDED:
79-36-4A-8.1. The board may issue a temporary license to an applicant who has
80-completed an accredited program, as referenced in § 36-4A-8, and has submitted
81-evidence to the board that the applicant is a candidate accepted to write the examination
82-required by § 36-4A-8 or is awaiting the results of the first examination for which the
83-applicant is eligible after graduation from an accredited program.
84-A temporary license may be issued only once and, except as otherwise provided in
85-this section, is effective for a period no longer than one hundred twenty days. A temporary
86-license otherwise expires upon:
87-(1) Issuance of a regular license to the applicant; or
88-(2) Failure of the applicant to pass the licensing examination.
89-The period of effectiveness set forth in this section for a temporary license does
90-not apply to an applicant who has passed the licensing examination, has a collaborative
91-agreement, and has an application for licensure pending before the board.
92-The period of effectiveness set forth in this section for a temporary license and the
93-requirement for evidence of acceptance to write the examination required by § 36-4A-8,
94-upon graduation from an accredited program, do not apply to an otherwise eligible
95-applicant, if the examination is delayed or cancelled due to a natural disaster or
96-gubernatorially declared emergency.
97-Section 9. That chapter 36-4A be amended with a NEW SECTION: 25.137.18 4 1071
98-HB1071 ENROLLED
99-Upon application and payment of the fee established by the board in accordance
100-with § 36-4A-34, the board may issue a license to practice, as a physician assistant, to an
101-individual licensed under the laws of another state or territory, if the requirements for
102-licensure of that other state or territory meet the requirements of this state and if the
103-individual is not otherwise disqualified under § 36-4A-8.
104-Upon application and payment of the fee established by the board in accordance
105-with § 36-4A-34, the board may issue a temporary license to an individual awaiting
106-licensure under this section. A temporary license issued under this section must state the
107-period during which the license is effective. The period may not exceed one hundred
108-twenty days, except in the case of a natural disaster or gubernatorially declared
109-emergency.
110-Section 10. That § 36-4A-20.1 be AMENDED:
111-36-4A-20.1. Nothing in this chapter authorizes a physician assistant to effectuate
112-an abortion.
113-Section 11. That § 36-4A-26.1 be AMENDED:
114-36-4A-26.1. A physician assistant may provide the following medical and surgical
115-services, for which the physician assistant has been prepared by education, training, and
116-experience, and for which the physician assistant is competent to perform:
117-(1) Evaluate, diagnose, manage, and provide medical treatment;
118-(2) Obtain and perform comprehensive health histories and physical examinations;
119-(3) Order, perform, and interpret diagnostic procedures;
120-(4) Order and perform therapeutic procedures;
121-(5) Plan and initiate therapeutic regimens that involve ordering and prescribing non-
122-pharmacological interventions;
123-(6) Order, prescribe, dispense, and administer medical devices, legend drugs, and
124-prescription drugs not listed in § 34-20B-12;
125-(7) Respond to emergencies and institute emergency treatment measures;
126-(8) Write a chemical or physical restraint order if the patient may do personal harm or
127-harm others;
128-(9) Complete and sign birth and death certificates and other official documents
129-required by law;
130-(10) Take x-rays and perform radiologic procedures; 25.137.18 5 1071
131-HB1071 ENROLLED
132-(11) Perform physical examinations for participation in athletics and certify that the
133-patient is healthy and able to participate in athletics;
134-(12) Certify the health or disability of a patient, as required by any local, state, or federal
135-program;
136-(13) Educate patients on health promotion and disease prevention;
137-(14) Write medical orders;
138-(15) Obtain informed consent;
139-(16) Assist in surgery;
140-(17) Perform routine clinical office surgical procedures;
141-(18) Supervise, delegate, and assign therapeutic and diagnostic measures to assistive
142-personnel; and
143-(19) Provide consultation upon request.
144-Whenever a physician assistant orders, prescribes, dispenses, or administers drugs
145-and medical devices, as permitted by subdivision (6), the physician assistant shall ensure
146-that medications or sample drugs provided to a patient are accompanied by written
147-administration instructions, and the physician assistant shall enter appropriate
148-documentation in the patient's record. A physician assistant may request, receive, and
149-sign for professional samples of drugs provided by the manufacturer.
150-A physician assistant shall collaborate with other health care providers and refer or
151-transfer patients, as necessary and appropriate. Collaboration does not require the
152-physical presence of the appropriate health care provider at the time or place the physician
153-assistant provides services.
154-The degree of collaboration between a physician assistant and the appropriate
155-health care provider is determined by the policies of the facility at which or practice setting
156-in which the physician assistant is employed.
157-Section 12. That § 36-4A-26.2 be AMENDED:
158-36-4A-26.2. If any physician assistant, licensed in this state, licensed or
159-authorized to practice in any other state or territory of the United States, or credentialed
160-as a physician assistant by a federal employer, is responding to a need for medical care
161-created by a natural disaster or other gubernatorially declared emergency, that physician
162-assistant may render the care that the physician assistant is able to provide.
163-Section 13. That § 36-4A-26.3 be AMENDED: 25.137.18 6 1071
164-HB1071 ENROLLED
165-36-4A-26.3. A physician assistant licensed in this state, or licensed or authorized
166-to practice in another state or territory of the United States, is not liable for civil damages
167-for any personal injuries that result from the physician assistant's acts or omissions in
168-rendering emergency care.
169-The immunity granted by this section does not apply to acts or omissions
170-constituting willful or wanton negligence, and does not apply if the medical assistance is
171-rendered at any hospital, physician's office, or other health care delivery entity, where
172-those services are normally rendered.
173-A physician collaborating with a physician assistant who renders emergency care,
174-as described in this section, is not liable for civil damages for any personal injuries that
175-result from acts or omissions by the physician assistant rendering the emergency care.
176-Section 14. That a NEW SECTION be added to chapter 36-4A:
177-A physician assistant may authenticate any document with the physician assistant's
178-signature, certification, stamp, verification, affidavit, or endorsement, if the document
179-may be authenticated by the signature, certification, stamp, verification, affidavit, or
180-endorsement of a physician.
181-Section 15. That § 36-4A-30 be AMENDED:
182-36-4A-30. A physician assistant is professionally and legally responsible for the
183-care that the physician assistant provides.
184-Section 16. That § 36-4A-31 be AMENDED:
185-36-4A-31. A physician assistant license issued by the board must be renewed
186-annually on a date set by the board. To renew a license, a physician assistant shall:
187-(1) Apply on a form prescribed by the board;
188-(2) Submit the renewal fee established in accordance with § 36-4A-34; and
189-(3) Submit evidence satisfactory to the board of the completion, during the preceding
190-twelve months, of at least thirty hours of post-graduate studies approved by the
191-board.
192-A physician assistant may document compliance with subdivision (3) by providing
193-proof of current certification from the National Commission on Certification of Physician
194-Assistants.
195-Section 17. That § 36-4A-37 be AMENDED: 25.137.18 7 1071
196-HB1071 ENROLLED
197-36-4A-37. The board may deny the issuance or renewal of a physician assistant
198-license, or suspend or revoke a license, or impose other disciplinary action on a licensee,
199-upon satisfactory proof, in compliance with chapter 1-26, of the applicant's or licensee's:
200-(1) Professional incompetence or unprofessional or dishonorable conduct, as defined
201-in §§ 36-4-29 and 36-4-30;
202-(2) Violation of this chapter;
203-(3) Failure to:
204-(a) Maintain a collaborative agreement, as required by this chapter; or
205-(b) Provide the agreement to the board, upon request; or
206-(4) Rendering of medical services beyond those permitted by this chapter.
207-Section 18. That § 36-4A-42 be AMENDED:
208-36-4A-42. The board shall promulgate rules pursuant to chapter 1-26 pertaining
209-to the licensure of physician assistants.
210-Section 19. That chapter 36-4A be amended with a NEW SECTION:
211-A physician assistant may bill for and receive direct payment for any medically
212-necessary service delivered.
213-Section 20. That § 36-4A-29 be REPEALED.
214-Section 21. That § 36-4A-29.1 be REPEALED.
215-Section 22. That § 36-4A-29.2 be REPEALED.
216-Section 23. That § 36-4A-32 be REPEALED.
217-Section 24. That § 36-4A-38 be REPEALED. 25.137.18 8 1071
218-HB1071 ENROLLED
219-An Act to modify practice criteria for physician assistants.
220-
221-
222-
223-
224-I certify that the attached Act originated in
225-the:
226-
227-House as Bill No. 1071
228-
229-
230-
231-Chief Clerk
232-
233-
234-
235-
236-Speaker of the House
237-
238-Attest:
239-
240-
241-
242-
243-Chief Clerk
244-
245-
246-
247-
248-President of the Senate
249-
250-Attest:
6+SENATE HEALTH AND HUMAN SERVICES ENGROSSED
2517
2528
2539
25410
25511
256-Secretary of the Senate
12+Introduced by: Representative Mulder
25713
258-
259-
260-House Bill No. 1071
261-File No. ____
262-Chapter No. ______
263-
264-
265-
266-Received at this Executive Office
267-this _____ day of _____________,
268-
269-2025 at ____________M.
270-
271-
272-
273-By
274-for the Governor
275-
276-
277-The attached Act is hereby
278-approved this ________ day of
279-______________, A.D., 2025
280-
281-
282-
283-
284-
285-Governor
286-
287-STATE OF SOUTH DAKOTA ,
288-ss.
289-Office of the Secretary of State
290-
291-
292-Filed ____________, 2025
293- at _________ o'clock __M.
294-
295-
296-
297-
298-
299-Secretary of State
300-
301-
302-
303-By
304-Asst. Secretary of State
305-
306-
14+ Underscores indicate new language.
15+ Overstrikes indicate deleted language.
16+An Act to modify practice criteria for physician assistants. 1
17+BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2
18+Section 1. That § 36-4A-1 be AMENDED: 3
19+36-4A-1. Terms as used in this chapter mean: 4
20+(1) "Board," the State Board of Medical and Osteopathic Examiners; 5
21+(2) "Collaboration," the consultation with, or referral to, an appropriate physician or 6
22+other licensed health care provider by a physician assistant, as indicated by: 7
23+(a) The patient's condition; 8
24+(b) The education, competencies, and experience of the physician assistant; 9
25+and 10
26+(c) The standard of care; and 11
27+(3) "Physician assistant," a health professional care provider who meets the 12
28+qualifications defined set forth in this chapter and is licensed by the board; 13
29+(3) "Supervising physician," a doctor of medicine or doctor of osteopathy licensed by 14
30+the board who supervises a physician assistant; 15
31+(4) "Supervision," the act of overseeing the activities of, and accepting responsibility 16
32+for, the medical services rendered by a physician assistant. 17
33+Section 2. That § 36-4A-1.1 be AMENDED: 18
34+36-4A-1.1. The term, practice "collaborative agreement," as used in this chapter, 19
35+means a written agreement authored and contract that: 20
36+(1) Is signed by the a physician assistant and the supervising physician. The practice 21
37+agreement shall prescribe the delegated activities which the physician assistant 22
38+may perform, consistent with § 36-4A-26.1 and contain such other information as 23
39+required by the board to describe the physician assistant's level of competence and 24
40+the supervision provided by the physician, who has not filed an affidavit with the 25 25.137.17 2 1071
41+ Underscores indicate new language.
42+ Overstrikes indicate deleted language.
43+board attesting to the completion of at least six thousand practice hours, and a 1
44+physician licensed in accordance with chapter 36-4; and 2
45+(2) Contains the terms and conditions governing the collaboration of the providers. 3
46+A physician who is entering into a collaborative agreement must be free from any 4
47+disciplinary action that would restrict the ability to collaborate. 5
48+A physician assistant, for whom a collaborative agreement has been signed, shall 6
49+keep a copy of the practice agreement shall be kept on file at the physician assistant's 7
50+primary practice site and be filed with and approved by the board prior to beginning 8
51+practice. No physician assistant may practice without an approved practice agreement . 9
52+The physician assistant shall provide a copy of the signed collaborative agreement to the 10
53+board, upon request. 11
54+Section 3. That chapter 36-4A be amended with a NEW SECTION: 12
55+A physician assistant may practice without a collaborative agreement if the 13
56+physician assistant: 14
57+(1) Is certified by the National Commission on Certification of Physician Assistants; 15
58+and 16
59+(2) Files an affidavit with the board attesting to the completion of at least six thousand 17
60+practice hours. 18
61+The physician assistant shall provide documentation of national certification and 19
62+the successful completion of the six thousand practice hours to the board, upon request. 20
63+Section 4. That § 36-4A-4 be AMENDED: 21
64+36-4A-4. Except as provided in §§ 36-4A-5 and 36-4A-6, any person individual 22
65+who practices as a physician assistant in this state, without a license issued by the board 23
66+and a practice agreement approved by the board, is guilty of a Class 1 misdemeanor. Each 24
67+violation shall be considered is a separate offense. 25
68+Section 5. That chapter 36-4A be amended with a NEW SECTION: 26
69+Except as provided in § 36-4A-6, an individual who is not licensed under this 27
70+chapter, but meets the qualifications for licensure under this chapter, may use the title of 28
71+physician assistant, but may not practice as a physician assistant. 29
72+Section 6. That § 36-4A-5 be AMENDED: 30 25.137.17 3 1071
73+ Underscores indicate new language.
74+ Overstrikes indicate deleted language.
75+36-4A-5. Nothing in this chapter limits the activities and services of a physician 1
76+assistant in pursuing an approved course of study at an accredited student enrolled in a 2
77+physician assistant program accredited by the Accreditation Review Commission on 3
78+Education for the Physician Assistant. 4
79+Section 7. That § 36-4A-8 be AMENDED: 5
80+36-4A-8. The board may grant a license to an applicant who: 6
81+(1) Is of good moral character; 7
82+(2) Has successfully completed an educational program for physician assistants 8
83+accredited by the Accreditation Review Commission on Education for the Physician 9
84+Assistant or its successor agency, or, prior to 2001, either by the Committee on 10
85+Allied Health Education and Accreditation or the Commission on Accreditation of 11
86+Allied Health Education Program Programs; 12
87+(3) Has passed the Physician Assistant National Certification Certifying Examination 13
88+administered by the National Committee on Education for Commission on 14
89+Certification of Physician Assistants; and 15
90+(4) Has submitted verification that the physician assistant applicant is not subject to 16
91+any disciplinary proceeding or pending complaint before any medical or other 17
92+licensing board unless, or has notified the board considers such proceedings of a 18
93+disciplinary procedure or pending complaint and the board, after consideration, 19
94+agrees to licensure; and 20
95+(5) Has: 21
96+(a) Filed an affidavit with the board attesting to the completion of at least six 22
97+thousand practice hours; or 23
98+(b) Entered into a collaborative agreement, as provided for in this chapter. 24
99+Section 8. That § 36-4A-8.1 be AMENDED: 25
100+36-4A-8.1. The board may issue a temporary license to an applicant who has 26
101+successfully completed an approved accredited program, as referenced in § 36-4A-8, and 27
102+has submitted evidence to the board that the applicant is a candidate accepted to write 28
103+the examination required by § 36-4A-8 or is awaiting the results of the first examination 29
104+for which the applicant is eligible after graduation from an approved physician assistant 30
105+accredited program. 31 25.137.17 4 1071
106+ Underscores indicate new language.
107+ Overstrikes indicate deleted language.
108+A temporary license may be issued only once and, except as otherwise provided in 1
109+this section, is effective for a term of not more period no longer than one hundred twenty 2
110+days. A temporary license otherwise expires on the occurrence of the following upon: 3
111+(1) Issuance of a regular license to the applicant; or 4
112+(2) Failure of the applicant to pass the licensing examination; or 5
113+(3) Expiration of the term for which the temporary license was issued. 6
114+The period of effectiveness set forth in this section for a temporary license does 7
115+not apply to an applicant who has passed the licensing examination, has a collaborative 8
116+agreement, and has an application for licensure pending before the board. 9
117+The period of effectiveness set forth in this section for a temporary license and the 10
118+requirement for evidence of acceptance to write the examination required by § 36-4A-8, 11
119+upon graduation from an accredited program, do not apply to an otherwise eligible 12
120+applicant, if the examination is delayed or cancelled due to a natural disaster or 13
121+gubernatorially declared emergency. 14
122+Section 9. That chapter 36-4A be amended with a NEW SECTION: 15
123+Upon application and payment of the fee established by the board in accordance 16
124+with § 36-4A-34, the board may issue a license to practice, as a physician assistant, to an 17
125+individual licensed under the laws of another state or territory, if the requirements for 18
126+licensure of that other state or territory meet the requirements of this state and if the 19
127+individual is not otherwise disqualified under § 36-4A-8. 20
128+Upon application and payment of the fee established by the board in accordance 21
129+with § 36-4A-34, the board may issue a temporary license to an individual awaiting 22
130+licensure under this section. A temporary license issued under this section must state the 23
131+period during which the license is effective. The period may not exceed one hundred 24
132+twenty days, except in the case of a natural disaster or gubernatorially declared 25
133+emergency. 26
134+Section 10. That § 36-4A-20.1 be AMENDED: 27
135+36-4A-20.1. The board may not approve any practice agreement that includes 28
136+abortion as a permitted procedureNothing in this chapter authorizes a physician assistant 29
137+to effectuate an abortion. 30
138+Section 11. That § 36-4A-26.1 be AMENDED: 31 25.137.17 5 1071
139+ Underscores indicate new language.
140+ Overstrikes indicate deleted language.
141+36-4A-26.1. A physician assistant shall be considered an agent of the supervising 1
142+physician in the performance of all practice-related activities. A physician assistant may 2
143+provide those medical services that are delegated by the supervising physician pursuant 3
144+to § 36-4A-1.1 if the service is within the physician assistant's skills, forms a component 4
145+of the physician's scope of practice, and is provided with supervision including may provide 5
146+the following medical and surgical services, for which the physician assistant has been 6
147+prepared by education, training, and experience, and for which the physician assistant is 7
148+competent to perform: 8
149+(1) Initial medical diagnosis and institution of a plan of therapy or referral; 9
150+(2) Prescribing and provision of drug samples or a limited supply of labeled 10
151+medications, including controlled substances listed on Schedule II in chapter 34-11
152+20B for one period of not more than thirty days, for treatment of causative factors 12
153+and symptoms. Medications or sample drugs provided to patients shall be 13
154+accompanied with written administration instructions and appropriate 14
155+documentation shall be entered in the patient's record. Physician assistants may 15
156+request, receive, and sign for professional samples of drugs provided by the 16
157+manufacturer; 17
158+(3) Responding 18
159+Evaluate, diagnose, manage, and provide medical treatment; 19
160+(2) Obtain and perform comprehensive health histories and physical examinations; 20
161+(3) Order, perform, and interpret diagnostic procedures; 21
162+(4) Order and perform therapeutic procedures; 22
163+(5) Plan and initiate therapeutic regimens that involve ordering and prescribing non-23
164+pharmacological interventions; 24
165+(6) Order, prescribe, dispense, and administer medical devices, legend drugs, and 25
166+prescription drugs not listed in § 34-20B-12; 26
167+(7) Respond to emergencies and the institution of institute emergency treatment 27
168+measures including the writing of; 28
169+(8) Write a chemical or physical restraint order when if the patient may do personal 29
170+harm or harm others; 30
171+(4)(9) CompletingComplete and signing of official documents such as sign birth and death 31
172+certificates and similar other official documents required by law; 32
173+(5)(10) Taking X raysTake x-rays and performing perform radiologic procedures; and 33
174+(6)(11) PerformingPerform physical examinations for participation in athletics and 34
175+certifying certify that the patient is healthy and able to participate in athletics; 35 25.137.17 6 1071
176+ Underscores indicate new language.
177+ Overstrikes indicate deleted language.
178+(12) Certify the health or disability of a patient, as required by any local, state, or federal 1
179+program; 2
180+(13) Educate patients on health promotion and disease prevention; 3
181+(14) Write medical orders; 4
182+(15) Obtain informed consent; 5
183+(16) Assist in surgery; 6
184+(17) Perform routine clinical office surgical procedures; 7
185+(18) Supervise, delegate, and assign therapeutic and diagnostic measures to assistive 8
186+personnel; and 9
187+(19) Provide consultation upon request. 10
188+Whenever a physician assistant orders, prescribes, dispenses, or administers drugs 11
189+and medical devices, as permitted by subdivision (6), the physician assistant shall ensure 12
190+that medications or sample drugs provided to a patient are accompanied by written 13
191+administration instructions, and the physician assistant shall enter appropriate 14
192+documentation in the patient's record. A physician assistant may request, receive, and 15
193+sign for professional samples of drugs provided by the manufacturer. 16
194+A physician assistant shall collaborate with other health care providers and refer or 17
195+transfer patients, as necessary and appropriate. Collaboration does not require the 18
196+physical presence of the appropriate health care provider at the time or place the physician 19
197+assistant provides services. 20
198+The degree of collaboration between a physician assistant and the appropriate 21
199+health care provider is determined by the policies of the facility at which or practice setting 22
200+in which the physician assistant is employed. 23
201+Section 12. That § 36-4A-26.2 be AMENDED: 24
202+36-4A-26.2. A If any physician assistant, licensed in this state or, licensed or 25
203+authorized to practice in any other state or territory of the United States jurisdiction or 26
204+who is , or credentialed as a physician assistant by a federal employer who, is responding 27
205+to a need for medical care created by an emergency or a state or local disaster(not to be 28
206+defined as an emergency situation which occurs in the place of one's employment) a 29
207+natural disaster or other gubernatorially declared emergency, that physician assistant may 30
208+render such the care that he or she the physician assistant is able to provide without 31
209+supervision as it is defined in this chapter, or with such supervision as is available. 32 25.137.17 7 1071
210+ Underscores indicate new language.
211+ Overstrikes indicate deleted language.
212+No physician who supervises a physician assistant providing medical care in 1
213+response to such an emergency or state or local disaster is required to meet the 2
214+requirements set forth in this chapter for a supervising physician. 3
215+Section 13. That § 36-4A-26.3 be AMENDED: 4
216+36-4A-26.3. No A physician assistant licensed in this state, or licensed or 5
217+authorized to practice in other states another state or territory of the United States who 6
218+voluntarily and gratuitously, and other than in the ordinary course of employment or 7
219+practice, renders emergency medical assistance, is not liable for civil damages for any 8
220+personal injuries which that result from the physician assistant's acts or omissions by 9
221+those persons in rendering emergency care which constitute ordinary negligence. 10
222+The immunity granted by this section does not apply to acts or omissions 11
223+constituting willful, or wanton negligence or, and does not apply if the medical assistance 12
224+is rendered at any hospital, physician's office, or other health care delivery entity, where 13
225+those services are normally rendered. 14
226+No A physician who supervises collaborating with a physician assistant voluntarily 15
227+and gratuitously providing who renders emergency care, as described in this section, is 16
228+not liable for civil damages for any personal injuries which that result from acts or 17
229+omissions by the physician assistant rendering the emergency care. 18
230+Section 14. That a NEW SECTION be added to chapter 36-4A: 19
231+A physician assistant may authenticate any document with the physician assistant's 20
232+signature, certification, stamp, verification, affidavit, or endorsement, if the document 21
233+may be authenticated by the signature, certification, stamp, verification, affidavit, or 22
234+endorsement of a physician. 23
235+Section 15. That § 36-4A-30 be AMENDED: 24
236+36-4A-30. Nothing in this chapter relieves the physician of the professional or 25
237+legal responsibility A physician assistant is professionally and legally responsible for the 26
238+care and treatment of patients cared for by that the physician assistant provides. 27
239+Section 16. That § 36-4A-31 be AMENDED: 28
240+36-4A-31. The A physician assistant license of every person licensed under the 29
241+provisions of this chapter shall issued by the board must be renewed annually on a date 30 25.137.17 8 1071
242+ Underscores indicate new language.
243+ Overstrikes indicate deleted language.
244+set by the board. The request for renewal shall be made on To renew a license, a physician 1
245+assistant shall: 2
246+(1) Apply on a form furnished prescribed by the board and shall include such proof, as 3
247+may be required by the board, of continuance of the qualifications for original 4
248+licensure including the information set forth in subdivision 36-4A-8(2) and payment 5
249+of; 6
250+(2) Submit the renewal fee established in accordance with § 36-4A-34; and 7
251+(3) Submit evidence satisfactory to the board of the completion, during the preceding 8
252+twelve months, of at least thirty hours of post-graduate studies approved by the 9
253+board. 10
254+A physician assistant may document compliance with subdivision 3 by providing 11
255+proof of current certification from the National Commission on Certification of Physician 12
256+Assistants. 13
257+Section 17. That § 36-4A-37 be AMENDED: 14
258+36-4A-37. The board may deny the issuance or renewal of a license. 15
259+The board may deny the issuance or renewal of a physician assistant license, or 16
260+suspend, or revoke a license, or impose other disciplinary actions upon the license of any 17
261+physician assistant issued under this chapter action on a licensee, upon satisfactory proof, 18
262+in compliance with chapter 1-26, of the applicant's or licensee's: 19
263+(1) Professional incompetence or unprofessional or dishonorable conduct, as defined 20
264+in §§ 36-4-29 and 36-4-30; 21
265+(2) Violation of this chapter in any respect; 22
266+(3) Failure to maintain on file with the board a copy of each practice agreement 23
267+containing the current information regarding the licensee's practice status as 24
268+required by: 25
269+(a) Maintain a collaborative agreement, as required by this chapter; or 26
270+(b) Provide the agreement to the board, upon request; or 27
271+(4) Rendering of medical services beyond those delegated to the physician assistant in 28
272+the practice agreement; or 29
273+(5) Rendering medical services without supervision of a physician as required by law 30
274+and the rules of the board permitted by this chapter. 31
275+Section 18. That § 36-4A-42 be AMENDED: 32 25.137.17 9 1071
276+ Underscores indicate new language.
277+ Overstrikes indicate deleted language.
278+36-4A-42. The board shall promulgate rules pursuant to chapter 1-26 pertaining 1
279+to fees, the licensure of physician assistants, and supervision requirements. 2
280+Section 19. That chapter 36-4A be amended with a NEW SECTION: 3
281+A physician assistant may bill for and receive direct payment for any medically 4
282+necessary service delivered. 5
283+Section 20. That § 36-4A-29 be REPEALED: 6
284+The physician, by supervision, continuous monitoring, and evaluation accepts initial 7
285+and continuing responsibility for the physician assistant or assistants responsible to the 8
286+physician until such relationship is terminated. Supervision may be by direct personal 9
287+contact, or by a combination of direct personal contact and contact via telecommunication, 10
288+as may be required by the board. If the office of a physician assistant is separate from the 11
289+main office of the supervising physician, the supervision shall include on-site personal 12
290+supervision by a supervising physician as required by the board. A physician assistant who 13
291+is issued a temporary license pursuant to § 36-4A-8.1 shall initially receive thirty days of 14
292+on-site, direct supervision by a supervising physician. Thereafter, and until expiration of 15
293+the temporary license, the supervision shall include at least two one-half business days 16
294+per week of on-site personal supervision by a supervising physician. 17
295+Section 21. That § 36-4A-29.1 be REPEALED: 18
296+The board may authorize modifications in the method and frequency of supervision 19
297+of a physician assistant required by § 36-4A-29 that it considers appropriate based upon 20
298+its finding of adequate supervision, training, and proficiency. 21
299+A supervising physician may apply to the board for permission to supervise more 22
300+than one physician assistant. The board shall establish the number of physician assistants, 23
301+up to four FTE, to be supervised by a supervising physician based upon its finding that 24
302+adequate supervision will exist under the arrangement proposed by the supervising 25
303+physician. 26
304+The board may consider a joint application for both modification of supervision and 27
305+the number of physician assistants supervised as provided in this section. 28
306+Section 22. That § 36-4A-29.2 be REPEALED. 29
307+In order to supervise a physician assistant, a physician shall: 30 25.137.17 10 1071
308+ Underscores indicate new language.
309+ Overstrikes indicate deleted language.
310+(1) Be licensed as a physician by the board pursuant to chapter 36-4; 1
311+(2) Be free from any restriction on his or her ability to supervise a physician assistant 2
312+that has been imposed by board disciplinary action; and 3
313+(3) Maintain a written practice agreement with the physician assistant as described in 4
314+§ 36-4A-1.1. 5
315+Section 23. That § 36-4A-32 be REPEALED. 6
316+A renewal request shall be accompanied by the prescribed fee together with 7
317+evidence satisfactory to the board of the completion during the preceding twelve months 8
318+of at least thirty hours of post-graduate studies approved by the board. Any physician 9
319+assistant who maintains current certification by the National Commission on Certification 10
320+of Physician Assistants (NCCPA) may document compliance with this requirement by 11
321+providing proof of current certification by the NCCPA. 12
322+Section 24. That § 36-4A-38 be REPEALED. 13
323+The terms "unprofessional or dishonorable conduct" as used in this chapter shall 14
324+be as those terms are defined in § 36-4-30. 15