PRINTER'S NO. 2936
No. 2051 Session of 2007
INTRODUCED BY SEIP, BENNINGTON, CALTAGIRONE, CASORIO, HARHAI,
JOSEPHS, KULA, MAHONEY, McCALL, MURT, MUSTIO, MYERS,
PETRARCA, SOLOBAY, WALKO, WATERS, YOUNGBLOOD, HARKINS,
SONNEY, CIVERA, HORNAMAN, MACKERETH, MILLARD, KILLION AND
HELM, DECEMBER 4, 2007
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
DECEMBER 4, 2007
AN ACT
1 Amending the act of October 5, 1978 (P.L.1109, No.261), entitled
2 "An act requiring the licensing of practitioners of
3 osteopathic medicine and surgery; regulating their practice;
4 providing for certain funds and penalties for violations and
5 repeals," further providing for physician assistants and for
6 respiratory care practitioners; and making inconsistent
7 repeals.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 10 of the act of October 5, 1978
11 (P.L.1109, No.261), known as the Osteopathic Medical Practice
12 Act, is amended by adding a subsection to read:
13 Section 10. Licenses; exemptions; nonresident practitioners;
14 graduate students; biennial registration and
15 continuing medical education.
16 * * *
17 (g.2) (1) Except as limited by paragraph (2), and in
18 addition to existing authority, a physician assistant shall
1 have authority to do all of the following, provided that the
2 physician assistant is acting within the supervision and
3 direction of the supervising physician:
4 (i) Order home health and hospice care.
5 (ii) Order durable medical equipment.
6 (iii) Issue oral orders to the extent permitted by a
7 health care facility's bylaws, rules, regulations or
8 administrative policies and guidelines.
9 (iv) Order physical therapy and dietitian referrals.
10 (v) Order respiratory and occupational therapy
11 referrals.
12 (vi) Perform disability assessments for the program
13 providing Temporary Assistance to Needy Families (TANF).
14 (vii) Issue homebound schooling certifications.
15 (viii) Perform and sign the initial assessment of
16 methadone treatment evaluations, provided that any order
17 for methadone treatment shall be made only by a
18 physician.
19 (2) Nothing in this subsection shall be construed to:
20 (i) Supersede the authority of the Department of
21 Health and the Department of Public Welfare to regulate
22 the types of health care professionals who are eligible
23 for medical staff membership or clinical privileges.
24 (ii) Restrict the authority of a health care
25 facility to determine the scope of practice and
26 supervision or other oversight requirements for health
27 care professionals practicing within the facility.
28 * * *
29 Section 2. Section 10.1(d) of the act, added July 2, 1993
30 (P.L.418, No.59), is amended to read:
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1 Section 10.1. Respiratory care practitioners.
2 * * *
3 (d) A respiratory care practitioner certified by the board
4 may implement direct respiratory care to an individual being
5 treated by either a licensed medical doctor or a licensed doctor
6 of osteopathic medicine upon [physician] prescription or
7 referral by a physician, certified registered nurse practitioner
8 or physician assistant or under medical direction and approval
9 consistent with standing orders or protocols of an institution
10 or health care facility. This care may constitute indirect
11 services, such as consultation or evaluation of an individual,
12 and also includes, but is not limited to, the following
13 services:
14 (1) Administration of medical gases.
15 (2) Humidity and aerosol therapy.
16 (3) Administration of aerosolized medications.
17 (4) Intermittent positive pressure breathing.
18 (5) Incentive spirometry.
19 (6) Bronchopulmonary hygiene.
20 (7) Management and maintenance of natural airways.
21 (8) Maintenance and insertion of artificial airways.
22 (9) Cardiopulmonary rehabilitation.
23 (10) Management and maintenance of mechanical
24 ventilation.
25 (11) Measurement of ventilatory flows, volumes and
26 pressures.
27 (12) Analysis of ventilatory gases and blood gases.
28 * * *
29 Section 3. The State Board of Osteopathic Medicine, the
30 Department of Public Welfare and the Department of Health shall
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1 promulgate regulations to implement the addition of section
2 10(g.2) of the act within 18 months of the effective date of
3 this section.
4 Section 4. The following acts are repealed insofar as they
5 are inconsistent with the addition of section 10(g.2) of the
6 act:
7 (1) Section 9(a) of the act of October 10, 1975
8 (P.L.383, No.110), known as the Physical Therapy Practice
9 Act.
10 (2) Section 14 of the act of June 15, 1982 (P.L.502,
11 No.140), known as the Occupational Therapy Practice Act.
12 Section 5. This act shall take effect in 60 days.
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