An Act to modify practice criteria for physician assistants.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That   36-4A-1 be AMENDED:

36-4A-1. Terms as used in this chapter mean:

(1) "Board," the State Board of Medical and Osteopathic Examiners;

(2) "Collaboration," the communication of pertinent information to a physician or other licensed health care provider, together with a consultation, during which each provider contributes the provider's expertise to optimize the overall care delivered to a patient; and

(3) "Physician assistant," a health professional care provider who meets the qualifications defined set forth in this chapter and is licensed by the board;

(3) "Supervising physician," a doctor of medicine or doctor of osteopathy licensed by the board who supervises a physician assistant;

(4) "Supervision," the act of overseeing the activities of, and accepting responsibility for, the medical services rendered by a physician assistant.

Section 2. That   36-4A-1.1 be AMENDED:

36-4A-1.1. The term, practice collaborative agreement, as used in this chapter, means a written agreement authored and that:

(1) Is signed by the a physician assistant and the supervising physician. The practice agreement shall prescribe the delegated activities which the physician assistant may perform, consistent with   36-4A-26.1 and contain such other information as required by the board to describe the physician assistant's level of competence and the supervision provided by the physician who has not completed two thousand eighty practice hours and:

(a) A physician licensed in accordance with chapter 36-4; or

(b) A physician assistant who has completed four thousand practice hours;

(2) Contains the terms and conditions governing the collaboration of the providers; and

(3) Contains any other information required by the board, in accordance   36-4A-42.

A physician assistant for whom a collaborative agreement has been signed shall keep a copy of the practice agreement shall be kept on file at the physician assistant's primary practice site and be filed with and approved by the board prior to beginning practice. No physician assistant may practice without an approved practice agreementshall provide a copy to the board, upon request.

Section 3. That chapter 36-4A be amended with a NEW SECTION:

If a physician assistant has completed two thousand eighty practice hours, a collaborative agreement is no longer required in order for the physician assistant to practice:

(1) In the primary care areas of:

(a) Acute care;

(b) Family medicine;

(c) General internal medicine;

(d) General pediatrics; and

(e) Geriatrics; or

(2) In the emergency department of a rural health care facility.

Section 4. That chapter 36-4A be amended with a NEW SECTION:

Before a physician assistant may engage in any area of practice other than those listed in section 3 of this Act, the physician assistant shall, for each additional area, acquire two thousand eighty practice hours, under the terms of a collaborative agreement with the employing health care facility.

The agreement must also set forth the scope and manner of practice, as governed by the facility's credentialling and privileging requirements.

The facility shall keep a copy of the collaborative agreement on file and provide a copy to the board, upon request.

Section 5. That   36-4A-4 be AMENDED:

36-4A-4. Except as provided in    36-4A-5 and 36-4A-6, any person who practices as a physician assistant in this state, without a license issued by the board and a practice collaborative agreement approved by the board, if required by this chapter, is guilty of a Class 1 misdemeanor. Each violation shall be consideredis a separate offense.

Section 6. That chapter 36-4A be amended with a NEW SECTION:

A person who is not licensed under this chapter, but meets the qualifications for licensure under this chapter, may use the title of physician assistant, but may not practice as a physician assistant.

Section 7. That   36-4A-8 be AMENDED:

36-4A-8. The board may grant a license to an applicant who:

(1) Is of good moral character;

(2) Has successfully completed an educational program for physician assistants accredited by the Accreditation Review Commission on Education for the Physician Assistant or its successor agency, or, prior to 2001, either by the Committee on Allied Health Education and Accreditation or the Commission on Accreditation of Allied Health Education Program Programs;

(3) Has passed the Physician Assistant National Certification Certifying Examination administered by the National Committee on Education for Commission on Certification of Physician Assistants; and

(4) Has submitted verification that the physician assistant applicant is not subject to any disciplinary proceeding or pending complaint before any medical or other licensing board unless the board considers such proceedings or complaint and agrees to licensure; and

(5) Has completed a minimum of two thousand eighty practice hours or entered into a collaborative agreement, as provided for in this chapter.