PRINTER'S NO. 1198
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
896
Session of
2017
INTRODUCED BY RAFFERTY, ALLOWAY, YUDICHAK, GORDNER,
RESCHENTHALER AND HUTCHINSON, SEPTEMBER 25, 2017
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
SEPTEMBER 25, 2017
AN ACT
Amending the act of October 5, 1978 (P.L.1109, No.261), entitled
"An act requiring the licensing of practitioners of
osteopathic medicine and surgery; regulating their practice;
providing for certain funds and penalties for violations and
repeals," further providing for State Board of Osteopathic
Medicine and for licenses, exemptions, nonresident
practitioners, graduate students, biennial registration and
continuing medical education.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2.1(a) of the act of October 5, 1978
(P.L.1109, No.261), known as the Osteopathic Medical Practice
Act, is amended to read:
Section 2.1. State Board of Osteopathic Medicine.
(a) The State Board of Osteopathic Medicine shall consist of
the Commissioner of Professional and Occupational Affairs or his
designee; the Secretary of Health or his designee; two members
appointed by the Governor who shall be persons representing the
public at large; one member appointed by the Governor who is a
physician assistant; one member appointed by the Governor who
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shall be a respiratory therapist, a perfusionist[, a physician
assistant] or a licensed athletic trainer; and [six] seven
members appointed by the Governor who shall be graduates of a
legally incorporated and reputable college of osteopathic
medicine and shall have been licensed to practice osteopathic
medicine under the laws of this Commonwealth and shall have been
engaged in the practice of osteopathy in this Commonwealth for a
period of at least five years. All professional and public
members of the board shall be appointed by the Governor with the
advice and consent of a majority of the members elected to the
Senate. The Governor shall assure that respiratory therapists,
perfusionists[, physician assistants] and certified athletic
trainers are appointed to four-year terms on a rotating basis.
* * *
Section 2. Section 10(g) and (j.1) of the act are amended
and the section is amended by adding a subsection to read:
Section 10. Licenses; exemptions; nonresident practitioners;
graduate students; biennial registration and
continuing medical education.
* * *
(g) The supervising physician shall file with the board an
application to utilize a physician assistant containing a
description of the manner in which the physician assistant will
assist the supervising physician in his practice, the method and
frequency of supervision[, including, but not limited to, the
number and frequency of the patient record reviews required by
subsection (j.1) and the criteria for selecting patient records
for review when 100% review is not required,] and the geographic
location of the physician assistant. [Upon submission of the
application, board staff shall review the application only for
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completeness and shall issue a letter to the supervising
physician providing the temporary authorization for the
physician assistant to begin practice. If the application is not
complete, including, but not limited to, required information or
signatures not being provided or the fee not being submitted, a
temporary authorization for the physician assistant to begin
practicing shall not be issued. The temporary authorization,
when issued, shall provide a period of 120 days during which the
physician assistant may practice under the terms set forth in
the written agreement as submitted to the board. Within 120 days
the board shall notify the supervising physician of the final
approval or disapproval of the application. If approved, a final
approval of the written agreement shall be issued to the
supervising physician. If there are discrepancies that have not
been corrected within the 120-day period, the temporary
authorization to practice shall expire.] There shall be no more
than four physician assistants for whom a physician has
responsibility or supervises pursuant to a written agreement at
any time. In health care facilities licensed under the act of
July 19, 1979 (P.L.130, No.48), known as the "Health Care
Facilities Act," a physician assistant shall be under the
supervision and direction of a physician or physician group
pursuant to a written agreement, provided that a physician
supervises no more than four physician assistants at any time. A
physician may apply for a waiver to employ or supervise more
than four physician assistants at any time under this section
for good cause, as determined by the board. [In cases where a
group of physicians will supervise a physician assistant, the
names of all supervisory physicians shall be included on the
application.] Supervision shall not be construed as requiring
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the onsite presence of the supervising physician.
* * *
(g.4) A physician assistant shall provide medical services
according to a written agreement which provides for all of the
following:
(1) Identifies and is signed by the primary supervising
physician.
(2) Describes the physician assistant's scope of
practice.
(3) Describes the nature and degree of supervision the
supervising physician will provide the physician assistant .
(4) Designates one physician as having the primary
responsibility for supervising the physician assistant.
(5) Is maintained at the practice or health care
facility and available to the board upon request. The written
agreement shall be supplied to the board within 30 days of
request.
A physician assistant shall provide medical services in a manner
as described in the agreement.
* * *
[(j.1) (1) The approved physician shall countersign 100% of
the patient records completed by the physician assistant
within a reasonable time, which shall not exceed ten days,
during each of the following time periods:
(i) The first 12 months of the physician assistant's
practice post graduation and after the physician
assistant has fulfilled the criteria for licensure set
forth in subsection (f).
(ii) The first 12 months of the physician
assistant's practice in a new specialty in which the
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physician assistant is practicing.
(iii) The first six months of the physician
assistant's practice in the same specialty under the
supervision of the approved physician, unless the
physician assistant has multiple approved physicians and
practiced under the supervision of at least one of those
approved physicians for six months.
(2) In the case of a physician assistant who is not
subject to 100% review of the physician assistant's patient
records pursuant to paragraph (1), the approved physician
shall personally review on a regular basis a selected number
of the patient records completed by the physician assistant.
The approved physician shall select patient records for
review on the basis of written criteria established by the
approved physician and the physician assistant. The number of
patient records reviewed shall be sufficient to assure
adequate review of the physician assistant's scope of
practice.]
* * *
Section 3. This act shall take effect in 60 days.
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