SB 668 — Relating to physician assistants collaborating with physicians in hospitals

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Red = new code to be enacted WEST virginia legislature regular session OriginatingEnrolled Senate Bill 668 By Senators Azinger, Maynard, Palumbo, Prezioso, Roberts, Rucker, Stollings, Tarr, Takubo, Weld, and Maroney [Originating[Passed inMarch the6, Committee2019; on Health and Human Resources;

Reportedin oneffect February90 21,days 2019]from Apassage] BILLAN ACT to amend and reenact §30-3E-1, §30-3E-3, §30-3E-9, §30-3E-11, §30-3E-12, and §30-3E-13 of the Code of West Virginia, 1931, as amended;

amending scope of practice;

providing for disciplinary proceedings for failure to provide timely notice of termination of practice notification;

§30-3E-1. §30-3E-1. Definitions.

Definitions.

(7) “Collaboration” means overseeing the activities of and accepting responsibility for the medical services rendered by a physician assistant.

§30-3E-3. §30-3E-3. Rulemaking.

Rulemaking.

(7) The eligibility and extent to which a physician assistant may prescribeprescribe, at the direction of his or her collaborating physician, including:

A state formulary classifying those categories of drugs which shall may not be prescribed by a physician assistant, including, but not limited to, Schedules I and II of the Uniform Controlled Substances Act, antineoplastics, radiopharmaceuticals, and general anesthetics.

(8) The authority a collaborating physician may delegate for prescribing, dispensing, and administering of controlled substances, prescription drugs, or medical devices if the practice agreement or practice notification includes:

and (E) An attestation that the physician assistant has successfully completed each of the requirements established by the appropriate board to be eligible to prescribe pursuant to a practice agreement or practice notification accompanied by the production of any required documentation establishing eligibility;

§30-3E-9. §30-3E-9. Practice requirements.

Practice requirements.

(b) (c) Except as set forth in subsection (b) of this section, before a licensed physician assistant may practice and before a collaborating physician may delegate medical acts to a physician assistant, the collaborating physician, and the physician assistant shall:

(c) (d) A physician applying to collaborate with a physician assistant shall affirm that:

(1) The medical services set forth in the practice agreement or practice notification are consistent with the skills and training of the collaborating physician and the physician assistant;

(d) (e) A collaborating physician may enter into practice agreements with up to five full-time physician assistants at any one time.

A physician is prohibited from being a collaborating or alternate collaborating physician to more than five physician assistants at any one time.

However, a physician practicing medicine in an emergency department of a hospital or a physician who collaborating with a physician assistant who is employed by or on behalf of a hospital may collaborate with up to five physician assistants per shift if the physician has an authorized practice agreement in place with the physician assistant or the physician has been properly authorized as an alternate collaborating physician for each physician assistant.

(a) A physician assistant shall collaborate with physicians in a hospital only after the physician assistant receivesis notificationnotified fromby the appropriate licensing board that a complete practice notification has been received.filed with the board.

(b) The licensing boards shall promulgate emergency rules to establish the content and criteria for submission of practice notifications for physician assistant hospital practice.

§30-3E-11. (c) CollaborationA with physician assistants.assistant shall notify the board, in writing, within 10 days of the termination of a practice notification.

Failure to provide timely notice of the termination constitutes unprofessional conduct and disciplinary proceedings may be instituted by the appropriate licensing board.

§30-3E-11.

Collaboration with physician assistants.

or (2) As an alternate collaborating physician who:

(b) A collaborating physician isshall responsibleobserve, atdirect, alland timesevaluate forthe physician assistant’s work records and practices, including collaborating with the physician assistant within whomthe hecare orand shetreatment isof collaborating,a including:patient in a health care facility.

(1) The legal responsibility of the physician assistant;

(2) Observing, directing and evaluating the physician assistant’s work records and practices;

and (3) Collaborating with the physician assistant in the care and treatment of a patient in a health care facility shall observe, direct, and evaluate the physician assistant’s work records and practices, including collaborating with the physician assistant in the care and treatment of a patient in a health care facility.

Credentialed medical facility staff and attending physicians of a hospital who provide direction to or utilize physician assistants employed by or on behalf of the hospital are considered alternate collaborating physicians.

This article does not relieve the physician assistantassistants or collaborating physicians of responsibility and liability forwhich theotherwise may exist for acts and omissions ofoccurring theduring physiciancollaboration. assistant.

§30-3E-12.

Scope of practice.

(a) A license issued to a physician assistant by the appropriate state licensing board shall authorize the physician assistant to perform medical acts:

(1) Pursuant to a practice notification or delegated to the physician assistant as part of an authorized practice agreement;

(2) Appropriate to the education, training, and experience of the physician assistant;