CERTIFICATION OF ENROLLMENT ENGROSSED SUBSTITUTE HOUSE BILL 2041 Chapter 62, Laws of 2024 68th Legislature 2024 Regular Session PHYSICIAN ASSISTANT COLLABORATIVE PRACTICE EFFECTIVE DATE: January 1, 2025—Except for section 9, which takes effect June 6, 2024; sections 19 and 27, which are contingent; and section 29, which takes effect July 1, 2026. Passed by the House February 9, 2024 CERTIFICATE Yeas 91 Nays 6 I, Bernard Dean, Chief Clerk of the House of Representatives of the LAURIE JINKINS State of Washington, do hereby Speaker of the House of certify that the attached is Representatives ENGROSSED SUBSTITUTE HOUSE BILL 2041 as passed by the House of Representatives and the Senate on the dates hereon set forth. Passed by the Senate February 27, 2024 Yeas 49 Nays 0 BERNARD DEAN Chief Clerk DENNY HECK President of the Senate Approved March 13, 2024 2:04 PM FILED March 14, 2024 Secretary of State JAY INSLEE State of Washington Governor of the State of Washington ENGROSSED SUBSTITUTE HOUSE BILL 2041 Passed Legislature - 2024 Regular Session State of Washington 68th Legislature 2024 Regular Session By House Health Care & Wellness (originally sponsored by Representatives Riccelli, Schmick, Simmons, Reed, Schmidt, Macri, and Lekanoff) READ FIRST TIME 01/23/24. 1 AN ACT Relating to physician assistant collaborative practice; 2 amending RCW 18.71A.020, 18.71A.025, 18.71A.030, 18.71A.050, 3 18.71A.090, 18.71A.120, 18.71A.150, 51.28.100, 10.77.175, 18.71.030, 4 7.68.030, 51.04.030, 71.05.215, 71.05.217, 71.05.585, 71.32.110, 5 71.32.140, 71.32.250, 71.34.020, 71.34.020, 71.34.755, and 74.09.497; 6 reenacting and amending RCW 18.71A.010, 69.50.101, 71.05.020, 7 71.05.020, 71.34.750, 71.34.750, and 9.41.010; adding a new section 8 to chapter 18.71A RCW; adding a new section to chapter 48.43 RCW; 9 creating a new section; providing effective dates; providing 10 contingent effective dates; providing an expiration date; and 11 providing contingent expiration dates. 12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 13 NEW SECTION. Sec. 1. From March 2020 through October 2022, 14 physician assistants were permitted under the governor's proclamation 15 20-32 to work without a delegation agreement signed by a supervising 16 physician. During the public health emergency, physician assistants 17 provided safe and efficient care, expanding access to necessary 18 services and procedures statewide. There continues to be a great need 19 for additional providers in primary care and specialty areas, 20 especially in medically underserved and rural communities. Therefore, 21 the legislature intends to authorize physician assistants to enter p. 1 ESHB 2041.SL 1 into collaborative practice with physicians to provide team-based 2 care and enhance access to health care for the people of the state. 3 Sec. 2. RCW 18.71A.010 and 2020 c 80 s 2 are each reenacted and 4 amended to read as follows: 5 The definitions ((set forth)) in this section apply throughout 6 this chapter unless the context clearly requires otherwise. 7 (1) "Collaboration" means how physician assistants shall interact 8 with, consult with, or refer to a physician or other appropriate 9 member or members of the health care team as indicated by the 10 patient's condition, the education, experience, and competencies of 11 the physician assistant, and the standard of care. The degree of 12 collaboration must be determined by the practice, which may include 13 decisions made by the physician assistant's employer, group, hospital 14 service, and credentialing and privileging systems of licensed 15 facilities. 16 (2) "Collaboration agreement" means a written agreement that 17 describes the manner in which the physician assistant is supervised 18 by or collaborates with at least one physician and that is signed by 19 the physician assistant and one or more physicians or the physician 20 assistant's employer. 21 (3) "Commission" means the Washington medical commission. 22 (((2))) (4) "Department" means the department of health. 23 (((3))) (5) "Employer" means the scope appropriate clinician, 24 such as a medical director, who is authorized to enter into the 25 collaboration agreement with a physician assistant on behalf of the 26 facility, group, clinic, or other organization that employs the 27 physician assistant. 28 (6) "Participating physician" means a physician that supervises 29 or collaborates with a physician assistant pursuant to a 30 collaboration agreement. 31 (7) "Physician" means a physician licensed under chapter 18.57 or 32 18.71 RCW. 33 (((4))) (8) "Physician assistant" means a person who is licensed 34 by the commission to practice medicine according to a ((practice)) 35 collaboration agreement with one or more participating physicians((, 36 with at least one of the physicians working in a supervisory 37 capacity,)) and who is academically and clinically prepared to 38 provide health care services and perform diagnostic, therapeutic, 39 preventative, and health maintenance services. p. 2 ESHB 2041.SL 1 (((5) "Practice agreement" means an agreement entered under RCW 2 18.71A.120. 3 (6))) (9) "Practice medicine" has the meaning defined in RCW 4 18.71.011 and also includes the practice of osteopathic medicine and 5 surgery as defined in RCW 18.57.001. 6 (((7))) (10) "Secretary" means the secretary of health or the 7 secretary's designee. 8 Sec. 3. RCW 18.71A.020 and 2020 c 80 s 3 are each amended to 9 read as follows: 10 (1) The commission shall adopt rules fixing the qualifications 11 and the educational and training requirements for licensure as a 12 physician assistant or for those enrolled in any physician assistant 13 training program. The requirements shall include completion of an 14 accredited physician assistant training program approved by the 15 commission and within one year successfully take and pass an 16 examination approved by the commission, if the examination tests 17 subjects substantially equivalent to the curriculum of an accredited 18 physician assistant training program. An interim permit may be 19 granted by the department of health for one year provided the 20 applicant meets all other requirements. Physician assistants licensed 21 by the board of medical examiners, or the commission as of July 1, 22 1999, shall continue to be licensed. 23 (2)(a) The commission shall adopt rules governing the extent to 24 which: 25 (i) Physician assistant students may practice medicine during 26 training; and 27 (ii) Physician assistants may practice after successful 28 completion of a physician assistant training course. 29 (b) Such rules shall provide: 30 (i) That the practice of a physician assistant shall be limited 31 to the performance of those services for which he or she is trained; 32 and 33 (ii) That each physician assistant shall practice medicine only 34 under the terms of one or more ((practice)) collaboration agreements, 35 each signed by ((one or more supervising physicians licensed in this 36 state)) the physician assistant and one or more physicians licensed 37 in this state or the physician assistant's employer. A ((practice)) 38 collaboration agreement may be signed electronically using a method 39 for electronic signatures approved by the commission. ((Supervision p. 3 ESHB 2041.SL 1 shall not be construed to necessarily require the personal presence 2 of the supervising physician or physicians at the place where 3 services are rendered.)) 4 (3) Applicants for licensure shall file an application with the 5 commission on a form prepared by the secretary with the approval of 6 the commission, detailing the education, training, and experience of 7 the physician assistant and such other information as the commission 8 may require. The application shall be accompanied by a fee determined 9 by the secretary as provided in RCW 43.70.250 and 43.70.280. A 10 surcharge of fifty dollars per year shall be charged on each license 11 renewal or issuance of a new license to be collected by the 12 department and deposited into the impaired physician account for 13 physician assistant participation in the ((impaired)) physician 14 health program. Each applicant shall furnish proof satisfactory to 15 the commission of the following: 16 (a) That the applicant has completed an accredited physician 17 assistant program approved by the commission and is eligible to take 18 the examination approved by the commission; 19 (b) That the applicant is of good moral character; and 20 (c) That the applicant is physically and mentally capable of 21 practicing medicine as a physician assistant with reasonable skill 22 and safety. The commission may require an applicant to submit to such 23 examination or examinations as it deems necessary to determine an 24 applicant's physical or mental capability, or both, to safely 25 practice as a physician assistant. 26 (4)(a) The commission may approve, deny, or take other 27 disciplinary action upon the application for license as provided in 28 the Uniform Disciplinary Act, chapter 18.130 RCW. 29 (b) The license shall be renewed as determined under RCW 30 43.70.250 and 43.70.280. The commission shall request licensees to 31 submit information about their current professional practice at the 32 time of license renewal and licensees must provide the information 33 requested. This information may include practice setting, medical 34 specialty, or other relevant data determined by the commission. 35 (5) All funds in the impaired physician account shall be paid to 36 the contract entity within sixty days of deposit. 37 Sec. 4. RCW 18.71A.025 and 2020 c 80 s 4 are each amended to 38 read as follows: p. 4 ESHB 2041.SL 1 (1) The uniform disciplinary act, chapter 18.130 RCW, governs the 2 issuance and denial of licenses and the discipline of licensees under 3 this chapter. 4 (2) The commission shall consult with the board of osteopathic 5 medicine and surgery when investigating allegations of unprofessional 6 conduct against a licensee who ((has a supervising)) is supervised by 7 or is collaborating with a physician licensed under chapter 18.57 8 RCW. 9 Sec. 5. RCW 18.71A.030 and 2020 c 80 s 5 are each amended to 10 read as follows: 11 (1) A physician assistant may practice medicine in this state to 12 the extent permitted by the ((practice)) collaboration agreement. A 13 physician assistant shall be subject to discipline under chapter 14 18.130 RCW. 15 (2)(a) A physician assistant who has completed fewer than 4,000 16 hours of postgraduate clinical practice must work under the 17 supervision of a participating physician, as described in the 18 collaboration agreement and determined at the practice site. A 19 physician assistant with 4,000 or more hours of postgraduate clinical 20 practice may work in collaboration with a participating physician, if 21 the physician assistant has completed 2,000 or more supervised hours 22 in the physician assistant's chosen specialty. 23 (b) If a physician assistant chooses to change specialties after 24 the completion of 4,000 hours of postgraduate clinical practice, the 25 first 2,000 hours of postgraduate clinical practice in the new 26 specialty must be completed under the supervision of a participating 27 physician, as described in the collaboration agreement and determined 28 at the practice site. 29 (c) Supervision shall not be construed to necessarily require the 30 personal presence of the participating physician or physicians at the 31 place where services are rendered. 32 (3)(a) Physician assistants may provide services that they are 33 competent to perform based on their education, training, and 34 experience and that are consistent with their ((practice)) 35 collaboration agreement. The ((supervising physician)) participating 36 physician or physicians, or the physician assistant's employer, and 37 the physician assistant shall determine which procedures may be 38 performed and the ((supervision)) degree of autonomy under which the 39 procedure is performed. p. 5 ESHB 2041.SL 1 (b) Physician assistants may practice in any area of medicine or 2 surgery as long as the practice is not beyond the ((supervising 3 physician's own scope of expertise and clinical practice and the 4 practice agreement. 5 (3) A physician assistant delivering)) scope of expertise and 6 clinical practice of the participating physician or physicians or the 7 group of physicians within the department or specialty areas in which 8 the physician assistant practices. 9 (c) A physician assistant who has at least 10 years or 20,000 10 hours of postgraduate clinical experience in a specialty may continue 11 to provide those specialty services if the physician assistant is 12 employed in a practice setting where those services are outside the 13 specialty of the physician assistant's participating physician or 14 physicians, as outlined in the collaboration agreement, if the 15 practice is located in a rural area as identified by the department 16 under RCW 70.180.011 or in an underserved area as designated by the 17 health resources and services administration as a medically 18 underserved area or having a medically underserved population. The 19 physician assistant must complete continuing education related to 20 that specialty while performing services outside the specialty of the 21 physician assistant's participating physician or physicians. 22 (4) A physician assistant working with an anesthesiologist who is 23 acting as a participating physician as defined in RCW 18.71A.010 to 24 deliver general anesthesia or intrathecal anesthesia pursuant to a 25 ((practice)) collaboration agreement ((with a physician)) shall show 26 evidence of adequate education and training in the delivery of the 27 type of anesthesia being delivered on ((his or her practice 28 agreement)) the physician assistant's collaboration agreement as 29 stipulated by the commission. 30 Sec. 6. RCW 18.71A.050 and 2020 c 80 s 7 are each amended to 31 read as follows: 32 No physician or employer who enters into a ((practice)) 33 collaboration agreement with a licensed physician assistant in 34 accordance with and within the terms of any permission granted by the 35 commission is considered as aiding and abetting an unlicensed person 36 to practice medicine. The ((supervising physician and)) physician 37 assistant shall ((each)) retain ((professional and personal)) 38 responsibility for any act which constitutes the practice of medicine 39 as defined in RCW 18.71.011 or the practice of osteopathic medicine p. 6 ESHB 2041.SL 1 and surgery as defined in RCW 18.57.001 when performed by the 2 physician assistant. 3 Sec. 7. RCW 18.71A.090 and 2020 c 80 s 8 are each amended to 4 read as follows: 5 (1) A physician assistant may sign and attest to any 6 certificates, cards, forms, or other required documentation that the 7 physician assistant's ((supervising)) participating physician or 8 physician group may sign, provided that it is within the physician 9 assistant's scope of practice and is consistent with the terms of the 10 physician assistant's ((practice)) collaboration agreement as 11 required by this chapter. 12 (2) Notwithstanding any federal law, rule, or medical staff bylaw 13 provision to the contrary, a physician is not required to countersign 14 orders written in a patient's clinical record or an official form by 15 a physician assistant with whom the physician has a ((practice)) 16 collaboration agreement. 17 Sec. 8. RCW 18.71A.120 and 2020 c 80 s 6 are each amended to 18 read as follows: 19 (1)(a) Prior to commencing practice, a physician assistant 20 licensed in Washington state must enter into a ((practice)) 21 collaboration agreement ((with a physician or group of physicians, at 22 least one of whom must be working in a supervisory capacity. 23 (a))) that identifies at least one participating physician and 24 that is signed by one or more participating physicians or the 25 physician assistant's employer. 26 (b) A collaboration agreement must be signed by a physician if 27 the physician assistant's employer is not a physician. 28 (c) If a participating physician is not a signatory to the 29 collaboration agreement, the participating physician must be provided