An Act to revise provisions related to 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. Definition of terms.
Terms as used in this chapter mean:
(1) "Board," the State Board of Medical and Osteopathic Examiners;
(2) "Physician assistant," a health professional who meets the qualifications defined in this chapter and is licensed by the board;
(3) "Supervising
Collaborating
physician," a doctor of medicine or doctor of osteopathy
licensed by the board who
supervises
collaborates with
a physician assistant;
(4) "Supervision,"
the act of overseeing the activities of, and accepting responsibility
for, the medical services rendered by a physician
assistant"Collaboration,"
the act of communicating pertinent information or consulting with a
licensed physician or other health care provider, with each
contributing the person's expertise to optimize the overall care
delivered to the patient.
Section 2. That   36-4A-1.1 be AMENDED.
36-4A-1.1. Collaborative agreement defined--Required terms--Filing.
The term,
practice
collaborative
agreement, as used in this chapter, means a written agreement
authored and signed by
the
a physician
assistant
and the supervising physician
who has not met the required five hundred twenty practice hours and a
physician, licensed pursuant to chapter 36-4,
or a physician assistant, licensed under this chapter.
The
practice
collaborative
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
set forth the terms and conditions of the collaboration and such
other information as required by the board.
A signed copy of the
practice
collaborative
agreement shall be kept on file at the
physician assistant's
primary practice site
of the physician assistant who has not met the practice hour
requirement and
be
filed with and approved by the board prior to beginning practice. No
physician assistant may practice without an approved practice
agreement
provided to the board upon request.
Section 3. That   36-4A-4 be AMENDED.
36-4A-4. Unlawful practice as misdemeanor--Each violation as separate offense.
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
as required by this chapter
is guilty of a Class 1 misdemeanor. Each violation shall be
considered a separate offense.
A person who meets the qualifications for licensure under this chapter but does not possess a current license may use the title, physician assistant, but may not act or practice as a physician assistant unless licensed under this chapter.
Section 4. That   36-4A-8 be AMENDED.
36-4A-8. Issuance of license--Qualifications.
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;
(3) Has passed the Physician
Assistant National Certification Examination administered by the
National Committee on Education for 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 five hundred twenty practice hours as a licensed physician assistant or has in place a collaborative agreement.
Section 5. That   36-4A-8.1 be AMENDED.
36-4A-8.1. Temporary license--Expiration.
The board may issue a temporary license to an applicant who has successfully completed an approved program and has submitted evidence to the board that the applicant is a candidate accepted to write the examination required by    36-4A-8 or is awaiting the results of the first examination for which the applicant is eligible after graduation from an approved physician assistant program. A temporary license may be issued only once and is effective for a term of not more than one hundred twenty days. A temporary license expires on the occurrence of the following:
(1) Issuance of a regular license;
(2) Failure to pass the licensing examination; or
(3) Expiration of the term for which the temporary license was issued.
The limitation on the term of a temporary license does not apply to an applicant who has passed the licensing examination, has a collaborative agreement in place, and has an application for a regular license pending before the board.
The evidence of examination requirement and limitation on the term of a temporary license do not apply to an applicant otherwise eligible to write the examination after graduation from an approved physician assistant program but for the cancelation or delay of such examination due to national disaster or emergency.
Section 6. That   36-4A-8.2 be AMENDED.
36-4A-8.2. Licensure by endorsement--Temporary licensure awaiting endorsement.
Each
applicant for licensure as a physician assistant in this state shall
submit to a state and federal criminal background investigation by
means of fingerprint checks by the Division of Criminal Investigation
and the Federal Bureau of Investigation. Upon application, the board
shall submit completed fingerprint cards to the Division of Criminal
Investigation. Upon completion of the criminal background check, the
Division of Criminal Investigation shall forward to the board all
information obtained as a result of the criminal background check.
This information shall be obtained prior to permanent licensure of
the applicant. The board may require a state and federal criminal
background check for any licensee who is the subject of a
disciplinary investigation by the board. Failure to submit or
cooperate with the criminal background investigation is grounds for
denial of an application or may result in revocation of a license.
The applicant shall pay for any fees charged for the cost of
fingerprinting or the criminal background investigation.
Upon application and payment of the required fee, the board may issue
a license to practice as a physician assistant to a person licensed
under the laws of another state, territory, or country if the
requirements for licensure of the other state, territory, or country
are at least as stringent as those of this state and the applicant is
not otherwise disqualified under   36-4A-8.
Upon application and payment of the required fee, the board may issue
a temporary license to a person awaiting licensure by endorsement
under this section. A temporary license issued under this section
shall state the dates between which it is valid. The period during
which the temporary license is valid may not exceed one hundred
twenty days.
The limitation on the term of a temporary license does not apply during a period of statewide disaster or emergency declared by the Governor under the authority of chapter 34-48A.
Section 7. That a NEW SECTION be added:
36-4A-8.3. Criminal background investigation--Applicants and licensees under investigation--Fees.
Each applicant for licensure as a physician assistant in this state shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Upon application, the board shall submit completed fingerprint cards to the Division of Criminal Investigation. Upon completion of the criminal background check, the Division of Criminal Investigation shall forward to the board all information obtained as a result of the criminal background check. This information shall be obtained prior to permanent licensure of the applicant. The board may require a state and federal criminal background check for any licensee who is the subject of a disciplinary investigation by the board. Failure to submit to or cooperate with the criminal background investigation is grounds for denial of an application or may result in revocation of a license. The applicant shall pay for any fees charged for the cost of fingerprinting or the criminal background investigation.
Section 8. That   36-4A-20.1 be AMENDED.
36-4A-20.1. Abortion restricted.
The
board may not approve any practice agreement that includes abortion
as a permitted procedure
Nothing in this chapter authorizes a physician assistant to perform
an abortion.
Section 9. That   36-4A-26.1 be AMENDED.
36-4A-26.1. Scope of practice--Collaboration required.
A
physician assistant shall be considered an agent of the supervising
physician in the performance of all practice-related activities. A
physician assistant may provide those medical services that are
delegated by the supervising physician pursuant to    36-4A-1.1
if the service is within the physician assistant's skills, forms a
component of the physician's scope of practice, and is provided with
supervision including:
A physician assistant may provide any medical service permitted under
this chapter for which the physician assistant has been prepared by
education, training, and experience, and for which the physician
assistant is competent to perform. A physician assistant may provide
the following medical services:
(1) Initial medical diagnosis and institution of a plan of therapy or referral;
(2) Prescribing and provision of
drug samples or a limited supply of labeled medications, including
controlled substances listed on Schedule II in chapter 34-20B
for one period of not more than thirty days,
for treatment of causative factors and symptoms. Medications or
sample drugs provided to patients shall be accompanied with written
administration instructions and appropriate documentation shall be
entered in the patient's record. Physician assistants may request,
receive, and sign for professional samples of drugs provided by the
manufacturer;
(3) Responding to emergencies and the institution of emergency treatment measures including the writing of a chemical or physical restraint order when the patient may do personal harm or harm others;
(4) Completing and signing of official documents such as birth and death certificates and similar documents required by law;
(5) Taking X rays and performing
radiologic procedures;
and
(6) Performing physical examinations for participation in athletics and certifying that the patient is healthy and able to participate in athletics; and
(7) Delegating and assigning therapeutic measures to assistive personnel.
A physician assistant shall collaborate with other health care providers and refer or transfer patients as necessary and appropriate.