7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to the practice of a physician assistant.
10 Highlighted Provisions:
11 This bill:
12 ▸ amends the scope of practice for a physician assistant;
13 ▸ removes the requirement that a physician assistant maintain a specific relationship
14 with a physician or any other health care provider;
15 ▸ enacts and amends provisions relating to practice as a physician assistant;
16 ▸ creates requirements for newly graduated physician assistants;
17 ▸ permits a physician assistant to respond during a health care emergency or disaster;
19 ▸ makes technical and corresponding changes.
20 Money Appropriated in this Bill:
22 Other Special Clauses:
24 Utah Code Sections Affected:
26 58-70a-102, as last amended by Laws of Utah 2017, Chapter 309
27 58-70a-201, as last amended by Laws of Utah 2010, Chapter 37
28 58-70a-302, as last amended by Laws of Utah 2020, Chapter 339
29 58-70a-305, as last amended by Laws of Utah 2019, Chapter 349
30 58-70a-306, as last amended by Laws of Utah 2020, Chapter 339
31 58-70a-501, as last amended by Laws of Utah 2017, Chapter 309
32 58-70a-502, as last amended by Laws of Utah 2014, Chapter 72
33 58-70a-503, as last amended by Laws of Utah 2020, Chapter 25
35 58-70a-307, Utah Code Annotated 1953
36 58-70a-507, Utah Code Annotated 1953
38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 58-70a-102 is amended to read:
40 58-70a-102. Definitions.
41 In addition to the definitions in Section 58-1-102, as used in this chapter:
42 (1) "Board" means the Physician Assistant Licensing Board created in Section
64 (2) "Competence" means possessing the requisite cognitive, non-cognitive, and
65 communicative abilities and qualities to perform effectively within the scope of practice of the
66 physician assistant's practice while adhering to professional and ethical standards.
67 (3) "Health care facility" means the same as that term is defined in Section 26-21-2.
68 (4) "Physician" means the same as that term is defined in Section 58-67-102.
69 (5) "Physician assistant" means an individual who is licensed to practice under this
72 conduct of a physician assistant, also known as a PA, in diagnosing, treating, advising, or
73 prescribing for any human disease, ailment, injury, infirmity, deformity, pain, or other
76 provisions of this chapter.
93 58-1-501 and 58-70a-502.
95 (a) as defined in Sections 58-1-501 and 58-70a-503; and [
97 (b) as further defined by the division by rule.
98 Section 2. Section 58-70a-201 is amended to read:
99 58-70a-201. Board.
100 (1) There is created the Physician Assistant Licensing Board, which consists of seven
102 (a) three licensed physicians[
104 collaboratively with a physician assistant;
105 (b) three physician assistants, one of whom is involved in the administration of an
106 approved physician assistant education program within the state; and
107 (c) one person from the general public.
108 (2) The board shall be appointed and serve in accordance with Section 58-1-201.
109 (3) (a) The duties and responsibilities of the board are in accordance with Sections
110 58-1-202 and 58-1-203. [
111 (b) The board shall designate one of its members on a permanent or rotating basis to:
113 unprofessional conduct of a licensee; and
115 (4) (a) A board member who has, under Subsection (3), reviewed a complaint or
116 advised in its investigation may be disqualified from participating with the board when the
117 board serves as a presiding officer in an adjudicative proceeding concerning the complaint.
118 (b) The board member described in Subsection (4)(a) may be disqualified:
120 objectivity; or
123 Section 3. Section 58-70a-302 is amended to read:
124 58-70a-302. Qualifications for licensure.
125 Each applicant for licensure as a physician assistant shall:
126 (1) submit an application in a form prescribed by the division;
127 (2) pay a fee determined by the department under Section 63J-1-504;
128 (3) have successfully completed a physician assistant program accredited by [
129 (a) the Accreditation Review Commission on Education for the Physician Assistant; or
130 (b) if prior to January 1, 2001, either the:
131 (i) Committee on Accreditation of Allied Health Education Programs; or
132 (ii) Committee on Allied Health Education and Accreditation;
133 (4) have passed the licensing examinations required by division rule made in
134 collaboration with the board; and
135 (5) meet with the board and representatives of the division, if requested, for the
136 purpose of evaluating the applicant's qualifications for licensure[
145 Section 4. Section 58-70a-305 is amended to read:
146 58-70a-305. Exemptions from licensure.
147 (1) In addition to the exemptions from licensure in Section 58-1-307,[
149 definition of practice as a physician assistant, subject to the stated circumstances and
150 limitations, without being licensed under this chapter[
152 assistant education program while engaged in activities as a physician assistant:
153 (a) that are a part of the education program;
154 (b) that are conducted at an affiliated medical facility under the direct supervision of a:
155 (i) physician associated with the program; or
156 (ii) licensed physician assistant associated with the medical faculty; and
157 (c) for which the program accepts in writing the responsibility for the student[
162 Section 5. Section 58-70a-306 is amended to read:
163 58-70a-306. Temporary license.
164 (1) An applicant for licensure as a physician assistant who has met all qualifications for
165 licensure except passing an examination component as required in Section 58-70a-302, may
166 apply for and be granted a temporary license to practice under Subsection (2).
167 (2) (a) The applicant shall submit to the division evidence of completion of a physician
168 assistant program as defined in Subsection 58-70a-302(3).
169 (b) (i) The temporary license shall be issued for a period not to exceed 120 days to
170 allow the applicant to pass the Physician Assistant National Certifying Examination.
171 (ii) The temporary license may not be renewed or extended.
176 (c) A temporary license holder shall work under the direct supervision of a physician.
177 Section 6. Section 58-70a-307 is enacted to read:
178 58-70a-307. Collaboration requirements -- Clinical practice experience --
179 Requirements for independent practice in a new specialty.
180 (1) As used in this section, "collaboration" means the interaction and relationship that a
181 physician assistant has with one or more physicians in which:
182 (a) the physician assistant and physician are cognizant of the physician assistant's
183 qualifications and limitations in caring for patients;
184 (b) the physician assistant, while responsible for care that the physician assistant
185 provides, consults with the physician or physicians regarding patient care; and
186 (c) the physician or physicians give direction and guidance to the physician assistant.
187 (2) A physician assistant with less than 10,000 hours of post-graduate clinical practice
188 experience shall:
189 (a) practice under written policies and procedures established at a practice level that:
190 (i) describe how collaboration will occur in accordance with this section and
191 Subsections 58-70a-501(2) and (3);
192 (ii) describe methods for evaluating the physician assistant's competency, knowledge,
193 and skills;
194 (b) provide a copy of the written policies and procedures and documentation of
195 compliance with this Subsection (2) to the board upon the board's request; and
196 (c) engage in collaboration with a physician for the first 4,000 hours of the physician
197 assistant's post-graduate clinical practice experience.
198 (3) (a) A physician assistant who has more than 4,000 hours of practice experience and
199 less than 10,000 hours of practice experience shall enter into a written collaborative agreement
201 (i) a physician; or
202 (ii) a licensed physician assistant with more than 10,000 hours of practice experience in
203 the same specialty as the physician assistant.
204 (b) The collaborative agreement described in Subsection (3)(a) shall:
205 (i) describe how collaboration under this section and Subsections 58-70a-501(2) and
206 (3) will occur;
207 (ii) be kept on file at the physician assistant's practice location; and
208 (iii) be provided by the physician assistant to the board upon the board's request.
209 (4) A physician assistant who wishes to change specialties to another specialty in
210 which the PA has less than 4,000 hours of experience shall engage in collaboration for a
211 minimum of 4,000 hours with a physician who is trained and experienced in the specialty to
212 which the physician assistant is changing.
213 Section 7. Section 58-70a-501 is amended to read:
214 58-70a-501. Scope of practice.
215 (1) A physician assistant may provide any medical services that are not specifically
216 prohibited under this chapter or rules adopted under this chapter, and that are[
217 physician assistant's skills and scope of competence[
222 (2) A physician assistant shall consult, collaborate with, and refer to appropriate
223 members of the health care team:
224 (a) as indicated by the patient's condition;
225 (b) based on the physician assistant's education, experience, and competencies;
226 (c) the applicable standard of care; and
227 (d) if applicable, in accordance with the requirements described in Section 58-70a-307.
228 (3) Subject to Section 58-70a-307, the degree of collaboration under Subsection (2):
229 (a) shall be determined at the physician assistant's practice, including decisions made
230 by the physician assistant's:
231 (i) employer;
232 (ii) group;
233 (iii) hospital service; or
234 (iv) health care facility credentialing and privileging system; and
235 (b) may also be determined by a managed care organization with whom the physician
236 assistant is a network provider.
237 (4) A physician assistant may only provide healthcare services:
238 (a) for which the physician assistant has been trained and credentialed, privileged, or
239 authorized to perform; and
240 (b) that are within the physician assistant's practice specialty.
241 (5) A physician assistant may authenticate through a signature, certification, stamp,
242 verification, affidavit, or endorsement any document that may be authenticated by a physician
243 and that is within the physician assistant's scope of practice.
244 (6) A physician assistant is responsible for the care that the physician assistant
246 (7) (a) As used in this Subsection (7):
247 (i) "ALS/ACLS certification" means a certification:
248 (A) in advanced life support by the American Red Cross;
249 (B) in advanced cardiac life support by the American Heart Association; or
250 (C) that is equivalent to a certification described in Subsection (7)(a)(i)(A) or (B).
251 (ii) "Minimal sedation anxiolysis" means creating a drug induced state:
252 (A) during which a patient responds normally to verbal commands;
253 (B) which may impair cognitive function and physical coordination; and
254 (C) which does not affect airway, reflexes, or ventilatory and cardiovascular function.
255 (b) Except as provided in Subsections (c) through (e), a physician assistant may not
256 administer general anesthetics.
257 (c) A physician assistant may perform minimal sedation anxiolysis if the procedure is
258 within the physician assistant's scope of practice.
259 (d) A physician assistant may perform rapid sequence induction for intubation of a
260 patient if:
261 (i) the procedure is within the physician assistant's scope of practice;
262 (ii) the physician assistant holds a valid ALS/ACLS certification and is credentialed
263 and privileged at the hospital where the procedure is performed; and
264 (iii) (A) a qualified physician is not available and able to perform the procedure; or
265 (B) the procedure is performed by the physician assistant under supervision of or
266 delegation by a physician.
267 (e) Subsection (7)(b) does not apply to anesthetics administered by a physician
269 (i) in an intensive care unit of a hospital;
270 (ii) for the purpose of enabling a patient to tolerate ventilator support or intubation; and
271 (iii) under supervision of or delegation by a physician whose usual scope of practice
272 includes the procedure.
275 physician assistant's scope of practice if[
276 substance license and a DEA registration[
280 (b) A physician assistant may prescribe, order, administer, and procure a drug or
281 medical device that is within the physician assistant's scope of practice.
282 (c) A physician assistant may dispense a drug if dispensing the drug:
283 (i) is permitted under Title 58, Chapter 17b, Pharmacy Practice Act; and
284 (ii) is within the physician assistant's scope of practice.
285 (9) A physician assistant practicing independently may only perform or provide a
286 health care service that:
287 (a) is appropriate to perform or provide outside of a health care facility; and
288 (b) the physician assistant has been trained and credentialed or authorized to provide or
289 perform independently without physician supervision.
291 (a) shall wear an identification badge showing the physician assistant's license
292 classification as a physician assistant[
297 (b) shall identify themselves to a patient as a physician assistant; and
298 (c) may not identify themselves to any person in connection with activities allowed
299 under this chapter other than as a physician assistant[
302 Section 8. Section 58-70a-502 is amended to read:
303 58-70a-502. Unlawful conduct.
307 Section 9. Section 58-70a-503 is amended to read:
308 58-70a-503. Unprofessional conduct.
309 (1) "Unprofessional conduct" includes:
310 (a) violation of a patient confidence to any person who does not have a legal right and a
311 professional need to know the information concerning the patient;
312 (b) knowingly prescribing, selling, giving away, or directly or indirectly administering,
313 or offering to prescribe, sell, furnish, give away, or administer any prescription drug except for
314 a legitimate medical purpose upon a proper diagnosis indicating use of that drug in the amounts
315 prescribed or provided;
316 (c) prescribing prescription drugs for oneself or administering prescription drugs to
317 oneself, except those that have been legally prescribed for the physician assistant by a licensed
318 practitioner and that are used in accordance with the prescription order for the condition
326 treatment decisions[
327 for the physician's patient;
329 Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable; [
333 (i) a wrongful or negligent act or omission of an individual licensed under this chapter
334 or an individual under the direction or control of an individual licensed under this chapter; or
335 (ii) conduct described in Subsections (1)(a) through [
337 (2) (a) "Unprofessional conduct" does not include, in accordance with Title 26, Chapter
338 61a, Utah Medical Cannabis Act, when registered as a qualified medical provider, as that term
339 is defined in Section 26-61a-102, recommending the use of medical cannabis.
341 and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall
342 define unprofessional conduct for a physician assistant described in Subsection (2)(a).
343 Section 10. Section 58-70a-507 is enacted to read:
344 58-70a-507. Volunteer health care services.
345 (1) A physician assistant may provide health care services as a volunteer for a
346 charitable organization or at a public or private event, including a religious event, youth camp,
347 community event, or health fair, if the physician assistant:
348 (a) receives no compensation for such services; and
349 (b) provides the health care services in a manner that is consistent with the physician
350 assistant's education, experience, and scope of practice.
351 (2) Notwithstanding Subsection 58-70a-501(8), a physician assistant who is providing
352 volunteer health services under this section may not issue a prescription to a patient for a
353 controlled substance.