House of Representatives

HB 2542

physician assistants

Sponsors: Representatives Huppenthal, Hanson, Miranda, et al

DP	Committee on Health
X	Caucus and COW
	Third Read
	As Passed the House

HB 2542 makes regulatory, licensing and administrative changes to the Joint Board on the Regulation of Physician Assistants (Board). The bill changes the name of the Board and amends the statutes to mirror the administrative procedures of the Board of Medical Examiners (BOMEX).

Current Status

HB 2542 passed the Health Committee unamended.

History

The mission of the Board is to protect the public health and safety of Arizonans through licensing and regulation of Physician Assistants. Currently, the Board licenses approximately 850 physician assistants and investigates 20-25 complaints per year. The Board is comprised of four physician assistants, two public members and four physicians.

The Board’s Executive Director and staff are also responsible to the Arizona Board of Medical Examiners (BOMEX). HB 2542 streamlines the regulation of physician assistants to mirror the regulation of physicians. According to the Board, this will eliminate confusion and simplify its procedures since the two boards share the same staff and director.

HB 2542 also provides for the expansion of prescribing authority for physician assistants from 72 hours to 14 days for schedule II or III controlled substances. The bill also removes a restriction requiring that minor surgery performed by a physician assistant must have been approved by the Board prior to June 30, 1993.

These issues were addressed in a sunrise report submitted by the Board to the Joint Legislative Audit Committee (JLAC). A sunrise report is required to be submitted pursuant to section 32-3104 if a health professional group proposes to increase the scope of practice of its profession. On December 4, 2001, the Health Committee of Reference reviewed the sunrise report and gave approval to the proposal outlined in the report.

Provisions

· Changes the name of the Board from the Joint Board on the Regulation of Physician Assistants to the Arizona Regulatory Board of Physician Assistants.

· Changes the name of the Letter of Concern to Advisory Letter. The definition remains the same (Section 4).

· Grants authority to the Board to issue a Letter of Reprimand as a disciplinary action (Section 18). Modifies the definition of a Decree of Censure to include a possible requirement for restitution of fees to a patient as a result of a violation. (Section 18)

· Removes the restriction that minor surgery performed by a physician assistant must have been approved by the Board prior to June 30, 1993. Specifies that minor surgery does not include a surgical abortion (Section 6).

· Requires that before a prescription is issued to a new patient that a physician assistant must first conduct a physical examination (Section 6).

· Expands the definition of unprofessional conduct to include sexual conduct with a current or former patient within six months after the last medical consultation. (Section 6)

· Defines sexual misconduct as soliciting consensual or nonconsensual sexual relationships, making sexual advances, requesting sexual favors through verbal or physical contact or intentionally viewing a completely or partially disrobed patient unrelated to patient diagnosis or treatment (Section 6).

· Transfers the responsibility to appoint four industry members on the Board from the Board of Medical Examiners and the Board of Osteopathic Examiners in Medicine and Surgery to the Governor’s office (Section 7).

· Specifies that a Board member who is appointed to fulfill a vacancy not caused by the term limit will not have the shortened term count against their two-term limit. Allows a Board member to continue to serve on the Board for five years after retirement from active practice (Section 7).

· Allows the Board to certify physician assistants for fourteen-day prescribing privileges for schedule II or III controlled substances provided the physician assistant has (Section 9):

- Completed forty-five hours in pharmacology or clinical management of drug therapy.

- Provided proof of certification by the National Commission on the Certification of Physicians Assistants or its Predecessor.

- Met any other requirement established by the Board in rule.

Requires that the supervising physician develop a system approved by the Board for recording and review of all fourteen day schedule II or III controlled substances (Section 16)

· Provides for compensation and authority for the Executive Director and staff to carry out the duties of the Board. (Section 10).

· Allows the Board to delegate authority to the Executive Director to (Section 10):

- Dismiss complaints without merit

- Close cases through mediation

- Issue advisory letters

- Enter into a consent agreement if there is evidence of danger to public health and safety

- Deny a license

- Grant uncontested requests for inactive status or cancellation of a license

- Refer cases to formal interview

- Perform other administrative, licensing and regulatory duties required by the Board

· Requires the Board to make available to the public a profile of each licensee that contains the following (Section 11):

- Description of any criminal conviction within the last five years. This also includes charges where a licensee has pleaded no contest.

- Number of pending complaints, disciplinary, non-disciplinary actions within the last five years.

- Malpractice court judgements, awards and settlements within the last five years.

- Working address and phone number.

- Educational history.

Makes it an act of unprofessional conduct with a penalty of not more than $1,000 for a licensee to provide erroneous profile information. (Section 11)

· Requires the Board to deny an application or suspend the application process if an applicant is currently under investigation or suspension, has had a license revoked or surrendered a license in another jurisdiction. Provides for a hearing process for applicants who have been denied a license and received a statement of deficiency. (Section 12)

· Allows the Board to issue probationary licenses. (Section 13)

· Stipulates that a licensee cannot place their license on inactive status if they are under investigation and the Board has not begun disciplinary proceedings. (Section 14)

· Allows the Board to enter into consent agreements to limit the practice or professional activities of a physician assistant. (Section 18)

· Provides anonymity, if requested, for a person who files a complaint regarding drug or alcohol impairment. (Section 18)

· Requires the Board to provide the following information to a physician assistant upon request 10 days before a formal interview (Section 18):

1. Any review, evaluation and opinion of the case by an expert or consultant.

2. Any patient records obtained by the Board from other health care providers.

3. The results of any evaluations or tests of the doctor.

4. Any other factual information used by the Board in determining the case.

· Grants authority to impose a civil penalty between $300-$1,000 as a result of a formal interview for a violation. (Section 18)

· Allows the Board to accept the surrender of an active license. (Section 18)

· Requires the Board to initiate an investigation based on a disciplinary action in another jurisdiction. In addition, if a physician assistant has lost a license in another jurisdiction due to revocation or other action, the Board is required to immediately suspend the physician assistants’ license to practice medicine and begin proceedings for the same action taken. (Section 20)

· Permits the Board to issue a new license to a physician assistant whose license was previously revoked by the Board. Stipulates the conditions under which a new license may be issued. (Section 20)

· Makes numerous technical and conforming changes.

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45th Legislature

Second Regular Session 3 February 5, 2002

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