Bill Text: VA SB551 | 2016 | Regular Session | Comm Sub
Bill Title: Physician assistants; unlawful use of title.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-03-11 - Governor: Acts of Assembly Chapter text reprinted (CHAP0450) [SB551 Detail]
Download: Virginia-2016-SB551-Comm_Sub.html
16104841D
Be it enacted by the General Assembly of Virginia: 1. That §§54.1-2949, 54.1-2950, 54.1-2951.1, 54.1-2952, 54.1-2952.1, and 54.1-2953 of the Code of Virginia are amended and reenacted as follows: §54.1-2949. License required. It shall be unlawful for a person to practice or to hold himself out as practicing as a physician assistant or to use in connection with his name the words or letters "Physician Assistant" or "PA" unless he holds a license as such issued by the Board. §54.1-2950. Requisite training and educational achievements of assistants. The Board shall establish a testing program to determine the training and educational achievements of the physician assistant or the Board may accept other evidence, such as experience or completion of an approved training program, in lieu of testing and shall establish this as a prerequisite for approval of the licensee's application. Pending the outcome of the next examination administered by the National Commission for Certification of Physician Assistants, the Board may grant provisional licensure to graduates of physician assistants curricula that are approved by the Accreditation Review Commission on Education for the Physician Assistant. Such provisional licensure shall be granted at the discretion of the Board. §54.1-2951.1. Requirements for licensure as a physician assistant. A. The Board shall promulgate regulations establishing
requirements for licensure as a physician assistant 1. Successful completion of a physician assistant program or
surgical physician assistant program accredited by the Accreditation Review
Commission on Education for the Physician Assistant 2. Passage of the certifying examination administered by the National Commission on Certification of Physician Assistants; and 3. Documentation that the applicant for licensure has not had his license or certification as a physician assistant suspended or revoked and is not the subject of any disciplinary proceedings in another jurisdiction. B. Prior to initiating practice with a supervising physician,
the physician assistant shall
C. A practice agreement shall include delegated activities pursuant to §54.1-2952, provisions for the periodic review of patient charts or electronic health records, guidelines for availability and ongoing communications among the parties to the agreement and the patient, periodic joint evaluation of the services delivered, and provisions for appropriate physician input in complex clinical cases, in patient emergencies, and for referrals. A practice agreement may include provisions for periodic site visits by supervising licensees who supervise and direct assistants who provide services at a location other than where the licensee regularly practices. Such visits shall be in the manner and at the frequency as determined by the supervising physician or podiatrist. D. Evidence of a practice agreement shall be maintained by the physician assistant and provided to the Board upon request. §54.1-2952. Supervision of assistants by licensed physician, or podiatrist; services that may be performed by assistants; responsibility of licensee; employment of assistants. A. A physician or a podiatrist licensed under this chapter may Physician assistants appointed as medical examiners pursuant to §32.1-282 shall be under the continuous supervision of a licensed doctor of medicine or osteopathic medicine who has been appointed to serve as a medical examiner pursuant to §32.1-282. No licensee shall be allowed to supervise more than six physician assistants at any one time. Any professional corporation or partnership of any licensee, any hospital and any commercial enterprise having medical facilities for its employees which are supervised by one or more physicians or podiatrists may employ one or more physician assistants in accordance with the provisions of this section. Activities shall be delegated in a manner consistent with
sound medical practice and the protection of the health and safety of the
patient. Such activities shall be set forth in a Further, unless otherwise prohibited by federal law or by hospital bylaws, rules, or policies, nothing in this section shall prohibit any physician assistant who is not employed by the emergency physician or his professional entity from practicing in a hospital emergency department, within the scope of his practice, while under continuous physician supervision as required by this section, whether or not the supervising physician is physically present in the facility. The supervising physician who authorizes such practice by his physician assistant shall (i) retain exclusive supervisory control of and responsibility for the physician assistant and (ii) be available at all times for consultation with both the physician assistant and the emergency department physician. Prior to the patient's discharge from the emergency department, the physician assistant shall communicate the proposed disposition plan for any patient under his care to both his supervising physician and the emergency department physician. No person shall have control of or supervisory responsibility for any physician assistant who is not employed by the person or the person's business entity. B. No physician assistant shall perform any delegated
acts except at the direction of the licensee and under his supervision and
control. No physician assistant practicing in a hospital shall render care to a
patient unless the physician responsible for that patient has signed the
practice agreement, pursuant to regulations of the Board, to act as supervising
physician for that physician assistant. Every licensee, professional
corporation or partnership of licensees, hospital or commercial enterprise that
employs C. Notwithstanding the provisions of §54.1-2956.8:1, a licensed physician assistant who (i) is working under the supervision of a licensed doctor of medicine or osteopathy specializing in the field of radiology, (ii) has been trained in the proper use of equipment for the purpose of performing radiologic technology procedures consistent with Board regulations, and (iii) has successfully completed the exam administered by the American Registry of Radiologic Technologists for physician assistants for the purpose of performing radiologic technology procedures may use fluoroscopy for guidance of diagnostic and therapeutic procedures. §54.1-2952.1. Prescription of certain controlled substances and devices by licensed physician assistants. A. In accordance with the provisions of this section and
pursuant to the requirements of Chapter 33 (§54.1-3300 et seq.)
B. It shall be unlawful for the physician assistant to
prescribe controlled substances or devices pursuant to this section unless such
prescription is authorized by the C. The Board of Medicine, in consultation with the Board of Pharmacy, shall promulgate such regulations governing the prescriptive authority of physician assistants as are deemed reasonable and necessary to ensure an appropriate standard of care for patients. The regulations promulgated pursuant to this section shall
include, at a minimum, (i) such requirements as may be necessary to ensure
continued physician assistant competency that may include continuing education,
testing, and/or any other requirement, and shall address the need to promote
ethical practice, an appropriate standard of care, patient safety, the use of
new pharmaceuticals, and appropriate communication with patients; and
(ii) D. This section shall not prohibit a licensed physician assistant from administering controlled substances in compliance with the definition of "administer" in §54.1-3401 or from receiving and dispensing manufacturers' professional samples of controlled substances in compliance with the provisions of this section. §54.1-2953. Renewal, revocation, suspension, and refusal. The Board may revoke, suspend, or refuse to renew an approval for any of the following: 1. Any reason stated in this chapter for revocation or suspension of the license of a practitioner; 2. Failure of the supervising licensee to supervise the physician assistant or failure of the employer to provide a licensee to supervise the physician assistant; 3. The physician assistant's engaging in acts beyond the scope of authority as approved by the Board; 4. Negligence or incompetence on the part of the physician assistant or the supervising licensee in his use of the physician assistant; 5. Violating or cooperating with others in violating any provision of this chapter or the regulations of the Board; or 6. A change in the Board's requirements for approval with which the physician assistant or the licensee does not comply. |