House File 426 - Introduced
HOUSE FILE
BY PETTENGILL,
VANDER LINDEN, and
JONES
A BILL FOR
1 An Act regarding the supervision of physician assistants by
2 physicians and providing for emergency rulemaking authority,
3 and including effective date provisions.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 148.13, Code 2017, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 01. a. The board of medicine shall
1 4 adopt rules regarding the supervision of a licensed physician
1 5 assistant by a physician, notwithstanding any provision to the
1 6 contrary.
1 7 b. The board shall adopt emergency rules under section
1 8 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph
1 9 "b", to implement the provisions of this subsection. Any
1 10 emergency rules adopted in accordance with this subsection
1 11 shall also be published as a notice of intended action as
1 12 provided in section 17A.4.
1 13 Sec. 2. Section 148C.1, subsection 4, Code 2017, is amended
1 14 to read as follows:
1 15 4. "Licensed physician assistant" means a person who is
1 16 licensed by the board to practice as a physician assistant
1 17 under the supervision of one or more physicians. "Supervision"
1 18 does not require the personal presence of the supervising
1 19 physician at the place where medical services are rendered
1 20 except insofar as the personal presence is expressly required
1 21 by this chapter or required by rules of the board of medicine
1 22 adopted pursuant to this chapter 148.
1 23 Sec. 3. Section 148C.3, subsection 2, Code 2017, is amended
1 24 by striking the subsection.
1 25 Sec. 4. Section 148C.4, subsection 2, paragraph b, Code
1 26 2017, is amended to read as follows:
1 27 b. A physician who supervises a physician assistant
1 28 providing medical care pursuant to this subsection shall not
1 29 be required to meet the requirements of rules adopted pursuant
1 30 to section 148C.3, subsection 2, by the board of medicine
1 31 relating to supervision by physicians. A physician providing
1 32 physician assistant supervision pursuant to this subsection or
1 33 a physician assistant, who voluntarily and gratuitously, and
1 34 other than in the ordinary course of the physician assistant's
1 35 employment or practice, responds to a need for medical care
2 1 created by an emergency or a state or local disaster shall not
2 2 be subject to criminal liability by reason of having issued or
2 3 executed the orders for such care, and shall not be liable for
2 4 civil damages for acts or omissions relating to the issuance or
2 5 execution of the orders unless the acts or omissions constitute
2 6 recklessness.
2 7 Sec. 5. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
2 8 immediate importance, takes effect upon enactment.
2 9 EXPLANATION
2 10 The inclusion of this explanation does not constitute agreement with
2 11 the explanation's substance by the members of the general assembly.
2 12 This bill requires the board of medicine to adopt emergency
2 13 rules regarding the supervision of a licensed physician
2 14 assistant by a physician. The bill removes the authority of
2 15 the board of physician assistants to adopt administrative
2 16 rules regarding the supervision of physician assistants by
2 17 physicians. It also modifies references relating to the
2 18 sources of the rules regarding the supervision of physician
2 19 assistants by physicians.
2 20 The bill takes effect upon enactment.
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