SB-0026, As Passed Senate, March 16, 2010

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 26

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 17048 (MCL 333.17048), as amended by 1996 PA

 

355.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 17048. (1) Except as otherwise provided in this

 

subsection section and section 17049(5), a physician who is a sole

 

practitioner or who practices in a group of physicians and treats

 

patients on an outpatient basis shall not supervise more than 4

 

physician's assistants. If a physician described in this subsection

 

supervises physician's assistants at more than 1 practice site, the

 

physician shall not supervise more than 2 physician's assistants by

 

a method other than the physician's actual physical presence at the

 

practice site.

 

     (2) A physician who is employed by, under contract or

 

subcontract to, or has privileges at a health facility or agency

 

licensed under article 17 or a state correctional facility may

 

supervise more than 4 physician's assistants at the health facility

 

or agency or state correctional facility.

 

     (3) To the extent that a particular selected medical care

 

service requires extensive medical training, education, or ability

 

or pose poses serious risks to the health and safety of patients,

 

the board may prohibit or otherwise restrict the delegation of that

 

medical care service or may require higher levels of supervision.

 

     (4) A physician shall not delegate ultimate responsibility for

 

the quality of medical care services, even if the medical care

 

services are provided by a physician's assistant.

 

     (5) The board may promulgate rules for the delegation by a

 

supervising physician to a physician's assistant of the function of

 

prescription of drugs. The rules may define the drugs or classes of

 

drugs the prescription of which shall not be delegated and other

 

procedures and protocols necessary to promote consistency with

 

federal and state drug control and enforcement laws. Until the

 

rules are promulgated, a supervising physician may delegate the

 

prescription of drugs other than controlled substances as defined

 

by article 7 or federal law. When delegated prescription occurs,

 

both the physician's assistant's name and the supervising

 

physician's name shall be used, recorded, or otherwise indicated in

 

connection with each individual prescription.

 

     (6) A supervising physician may delegate in writing to a

 

physician's assistant the ordering, receipt, and dispensing of

 

complimentary starter dose drugs other than controlled substances

 

as defined by article 7 or federal law. When the delegated

 

ordering, receipt, or dispensing of complimentary starter dose

 

drugs occurs, both the physician's assistant's name and the

 

supervising physician's name shall be used, recorded, or otherwise

 

indicated in connection with each order, receipt, or dispensing. As

 

used in this subsection, "complimentary starter dose" means that

 

term as defined in section 17745. It is the intent of the

 

legislature in enacting this subsection to allow a pharmaceutical

 

manufacturer or wholesale distributor, as those terms are defined

 

in part 177, to distribute complimentary starter dose drugs to a

 

physician's assistant, as described in this subsection, in

 

compliance with section 503(d) of the federal food, drug, and

 

cosmetic act, chapter 675, 52 Stat. 1051, 21 U.S.C. 21 USC 353.

 

     (7) Beginning on the effective date of the amendatory act that

 

added this subsection, if 1 or more individuals licensed under part

 

170 to engage in the practice of medicine, licensed under part 175

 

to engage in the practice of osteopathic medicine and surgery, or

 

licensed under part 180 to engage in the practice of podiatric

 

medicine and surgery, and 1 or more physician's assistants organize

 

a professional service corporation pursuant to section 4 of the

 

professional service corporation act, 1962 PA 192, MCL 450.224, or

 

a professional limited liability company pursuant to section 904 of

 

the Michigan limited liability company act, 1993 PA 23, MCL

 

450.4904, the individuals who are the supervising physicians of the

 

physician's assistants shall be shareholders in the same

 

professional service corporation or members in the same

 

professional limited liability company as the physician's

 

assistants and shall meet all of the applicable requirements of

 

part 170, 175, or 180. If 1 or more physician's assistants

 

organized a professional service corporation pursuant to section 4

 

of the professional service corporation act, 1962 PA 192, MCL

 

450.224, or a professional limited liability company pursuant to

 

section 904 of the Michigan limited liability company act, 1993 PA

 

23, MCL 450.4904, before the effective date of the amendatory act

 

that added this subsection that has only physician's assistants as

 

shareholders or members, the individuals who are the supervising

 

physicians of the physician's assistants shall meet all of the

 

applicable requirements of part 170, 175, or 180.

 

     (8) In addition to the requirements of section 17068 and

 

beginning on the effective date of the amendatory act that added

 

this subsection, the department shall include on the form used for

 

renewal of licensure a space for a physician's assistant to

 

disclose whether he or she is a shareholder in a professional

 

service corporation pursuant to section 4 of the professional

 

service corporation act, 1962 PA 192, MCL 450.224, or a member in a

 

professional limited liability company pursuant to section 904 of

 

the Michigan limited liability company act, 1993 PA 23, MCL

 

450.4904, which corporation or company was organized before the

 

effective date of the amendatory act that added this subsection. A

 

physician's assistant who is a shareholder in a professional

 

service corporation or a member in a professional limited liability

 

company described in this subsection shall disclose all of the

 

following in the form used for renewal of licensure provided by the

 

department:

 

     (a) Whether any individuals licensed under part 170 to engage

 

in the practice of medicine, licensed under part 175 to engage in

 

the practice of osteopathic medicine and surgery, or licensed under

 

part 180 to engage in the practice of podiatric medicine and

 

surgery are shareholders in the professional service corporation or

 

members in the professional limited liability company.

 

     (b) The name and license number of the individual licensed

 

under part 170 to engage in the practice of medicine, licensed

 

under part 175 to engage in the practice of osteopathic medicine

 

and surgery, or licensed under part 180 to engage in the practice

 

of podiatric medicine and surgery who supervises the physician's

 

assistant.

 

     (c) Whether the individual licensed under part 170 to engage

 

in the practice of medicine, licensed under part 175 to engage in

 

the practice of osteopathic medicine and surgery, or licensed under

 

part 180 to engage in the practice of podiatric medicine and

 

surgery disclosed in subdivision (b) is a shareholder in the same

 

professional service corporation or member in a professional

 

limited liability company as the physician's assistant.

 

     Enacting section 1. This amendatory act does not take effect

 

unless all of the following bills of the 95th Legislature are

 

enacted into law:

 

     (a) Senate Bill No. 27.

 

     (b) Senate Bill No. 28.