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.
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
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 signed by
the
a physician
assistant
and the supervising
who has not met the required one thousand forty practice hours in
36-4A-8
and a
physician,
licensed pursuant to chapter 36-4, or a physician assistant who has
at least four thousand practice hours.
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
must set forth the terms and conditions of the collaboration in
addition to other information required by the board.
A signed copy of the
practice
collaborative
agreement
shall
must 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.
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
is 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. 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 one thousand forty practice hours or has a collaborative agreement in place.
Section 5. That 36-4A-8.1 be AMENDED:
36-4A-8.1. 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 chapter 36-4A be amended with a NEW SECTION:
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 meet the requirements 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 must 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 36-4A-20.1 be AMENDED:
36-4A-20.1.
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 8. That 36-4A-26.1 be AMENDED:
36-4A-26.1.
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 includingA
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 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
must be
accompanied with written administration instructions,
and appropriate documentation
shall
must 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
birth
and death certificates and other 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 patient care measures to assistive personnel.
A physician assistant shall collaborate with other health care providers and refer or transfer patients as necessary and appropriate.
Section 9. That 36-4A-26.2 be AMENDED:
36-4A-26.2.
A physician
assistant
licensed in this state,
or a
physician assistant licensed
or authorized to practice in any other United States jurisdiction or
who is
credentialed as a physician assistant by a federal employer,
who is responding to a need for medical care created by an emergency
or a state or local disaster
(not to be defined as,
excluding an
emergency situation
which
that occurs in
the place of
one's
the physician assistant's
employment),
may render such care that
he or she
the physician assistant
is able to provide
without supervision as it is defined in this chapter, or with such
supervision as is available.
No
physician who supervises a physician assistant providing medical care
in response to such an emergency or state or local disaster is
required to meet the requirements set forth in this chapter for a
supervising physician.
Section 10. That 36-4A-26.3 be AMENDED:
36-4A-26.3.
No
A physician
assistant
licensed in this state,
or
a physician assistant
licensed or authorized to practice in other states of the United
States
who voluntarily and gratuitously, and other than in the ordinary
course of employment or practice, renders emergency medical
assistance,
is not