7 LONG TITLE
8 General Description:
9 This bill amends the Physician Assistant Act.
10 Highlighted Provisions:
11 This bill:
12 ▸ amends the requirements of a delegation of services agreement;
13 ▸ removes the requirement that a physician assistant obtain a co-signature from the
14 supervising physician to prescribe certain controlled substances;
15 ▸ amends requirements for licensure; and
16 ▸ makes technical changes.
17 Money Appropriated in this Bill:
19 Other Special Clauses:
21 Utah Code Sections Affected:
23 58-70a-102, as enacted by Laws of Utah 1997, Chapter 229
24 58-70a-301, as enacted by Laws of Utah 1997, Chapter 229
25 58-70a-302, as last amended by Laws of Utah 2010, Chapter 37
26 58-70a-501, as last amended by Laws of Utah 1998, Chapter 38
27 58-70a-503, as last amended by Laws of Utah 2014, Chapter 72
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 58-70a-102 is amended to read:
31 58-70a-102. Definitions.
32 In addition to the definitions in Section 58-1-102, as used in this chapter:
33 (1) "Board" means the Physician Assistant Licensing Board created in Section
35 (2) (a) "Delegation of services agreement" means written criteria jointly developed by a
36 physician assistant's supervising physician and [
37 physician assistant, that permits a physician assistant, working under the direction or review of
38 the supervising physician, to assist in the management of common illnesses and injuries.
39 (b) The agreement defines the working relationship and delegation of duties between
40 the supervising physician and the physician assistant as specified by division rule and shall
42 (i) the prescribing of controlled substances;
43 (ii) the degree and means of supervision;
44 (iii) the frequency and mechanism of [
45 mechanism for review of patient data and documentation of the review, as determined by the
46 supervising physician and the physician assistant;
47 (iv) procedures addressing situations outside the scope of practice of the physician
48 assistant; and
49 (v) procedures for providing backup for the physician assistant in emergency situations.
50 (3) "Direct supervision" means the supervising physician is:
51 (a) physically present at the point of patient treatment on site where the physician
52 assistant he is supervising is practicing; and
53 (b) immediately available for consultation with the physician assistant.
54 (4) "Practice as a physician assistant" means:
55 (a) the professional activities and conduct of a physician assistant, also known as a PA,
56 in diagnosing, treating, advising, or prescribing for any human disease, ailment, injury,
57 infirmity, deformity, pain, or other condition, dependent upon and under the supervision of a
58 supervising physician or substitute supervising physician in accordance with a delegation of
59 services agreement; and
60 (b) the physician assistant acts as the agent of the supervising physician or substitute
61 supervising physician when acting in accordance with a delegation of services agreement.
62 (5) "Substitute supervising physician" means an individual who meets the requirements
63 of a supervising physician under this chapter and acts as the supervising physician in the
64 absence of the supervising physician.
65 (6) "Supervising physician" means an individual who:
66 (a) is currently licensed to practice under Title 58, Chapter 67, Utah Medical Practice
67 Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
68 (b) acts as the primary supervisor of a physician assistant and takes responsibility for
69 the professional practice and conduct of a physician assistant in accordance with this chapter;
71 (c) is not an employee of the physician assistant [
72 (7) "Supervision" means the supervising physician is available for consultation with
73 the physician assistant, either personally or by other means permitting direct verbal
74 communication between the physician and the physician assistant.
75 (8) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-70a-502.
76 (9) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-70a-503 and as
77 may be further defined by rule.
78 Section 2. Section 58-70a-301 is amended to read:
79 58-70a-301. Licensure required -- License classifications.
80 (1) A license is required to engage in practice as a physician assistant, except as
81 specifically provided in Section 58-70a-305 or 58-1-307.
82 (2) The division shall issue to [
83 a license in the classification of physician assistant.
84 Section 3. Section 58-70a-302 is amended to read:
85 58-70a-302. Qualifications for licensure.
86 Each applicant for licensure as a physician assistant shall:
87 (1) submit an application in a form prescribed by the division;
88 (2) pay a fee determined by the department under Section 63J-1-504;
89 (3) be of good moral character;
90 (4) have successfully completed a physician assistant program accredited by the:
91 (a) Accreditation Review Commission on Education for the Physician Assistant; or
92 (b) if prior to January 1, 2001, either the:
93 (i) Committee on Accreditation of Allied Health Education Programs; or
94 (ii) Committee on Allied Health Education and Accreditation;
95 (5) have passed the licensing examinations required by division rule made in
96 collaboration with the board;
97 (6) meet with the board and representatives of the division, if requested, for the
98 purpose of evaluating the applicant's qualifications for licensure; and
99 (7) (a) if the applicant desires to practice in Utah, complete a form provided by the
100 division indicating:
101 (i) the applicant has completed a delegation of services agreement signed by the
102 physician assistant[
104 (ii) the agreement is on file at the Utah practice sites; or
105 (b) complete a form provided by the division indicating the applicant is not practicing
106 in Utah and, prior to practicing in Utah, the applicant will meet the requirements of Subsection
108 Section 4. Section 58-70a-501 is amended to read:
109 58-70a-501. Scope of practice.
110 (1) A physician assistant may provide any medical services that are not specifically
111 prohibited under this chapter or rules adopted under this chapter, and that are:
112 (a) within the physician assistant's skills and scope of competence;
113 (b) within the usual scope of practice of the physician assistant's supervising physician;
115 (c) provided under the supervision of a supervising physician and in accordance with a
116 delegation of services agreement.
117 (2) A physician assistant, in accordance with a delegation of services agreement, may
118 prescribe or administer an appropriate controlled substance if:
119 (a) the physician assistant holds a Utah controlled substance license and a DEA
120 registration; and
121 (b) the prescription or administration of the controlled substance is within the
122 prescriptive practice of the supervising physician and also within the delegated prescribing
123 stated in the delegation of services agreement[
126 (3) A physician assistant shall, while practicing as a physician assistant, wear an
127 identification badge showing [
129 (4) A physician assistant may not:
130 (a) independently charge or bill a patient, or others on behalf of the patient, for services
132 (b) identify himself or herself to any person in connection with activities allowed under
133 this chapter other than as a physician assistant; or
134 (c) use the title "doctor" or "physician," or by any knowing act or omission lead or
135 permit anyone to believe [
136 Section 5. Section 58-70a-503 is amended to read:
137 58-70a-503. Unprofessional conduct.
138 "Unprofessional conduct" includes:
139 (1) violation of a patient confidence to any person who does not have a legal right and
140 a professional need to know the information concerning the patient;
141 (2) knowingly prescribing, selling, giving away, or directly or indirectly administering,
142 or offering to prescribe, sell, furnish, give away, or administer any prescription drug except for
143 a legitimate medical purpose upon a proper diagnosis indicating use of that drug in the amounts
144 prescribed or provided;
145 (3) prescribing prescription drugs for [
146 drugs to [
147 physician assistant by a licensed practitioner and that are used in accordance with the
148 prescription order for the condition diagnosed;
149 (4) failure to maintain at the practice site a delegation of services agreement that
150 accurately reflects current practices;
151 (5) failure to make the delegation of services agreement available to the division for
152 review upon request;
153 (6) in a practice that has physician assistant ownership interests, failure to allow the
154 supervising physician the independent final decision making authority on patient treatment
155 decisions, as set forth in the delegation of services agreement or as defined by rule; and
156 (7) violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical
157 Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable.
Legislative Review Note
Office of Legislative Research and General Counsel