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A02044
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
699
Session of
2019
INTRODUCED BY GORDNER, MAY 31, 2019
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
MAY 31, 2019
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 physician assistants.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of October 5, 1978
(P.L.1109, No.261), known as the Osteopathic Medical Practice
Act, is amended by adding definitions a definition to read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Primary supervising physician." A medical doctor An
osteopathic physician who is registered with the board and
designated in a written agreement with a physician assistant
under section 10(g) as having primary responsibility for
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directing and personally supervising the physician assistant.
* * *
"Substitute supervising physician." A physician who is
registered with the board and designated in a written agreement
with a physician assistant under section 10(g) as assuming
primary responsibility for the supervision of a physician
assistant for no more than 30 consecutive calendar days when the
primary supervising physician is unavailable to provide the
level of supervision and record review which was described in
the written agreement and approved by the board.
Section 2. Section 10(g) of the act is amended to read:
Section 10. Licenses; exemptions; nonresident practitioners;
graduate students; biennial registration and
continuing medical education.
* * *
(g) The primary supervising physician shall file, or cause
to be filed, with the board an application to utilize a
physician assistant including a written agreement 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. The written agreement and
description may be prepared and submitted by the primary
supervising physician, the physician assistant or a delegate of
the primary supervising physician and the physician assistant . ,
provided however, that both the primary supervising physician
and physician assistant shall personally review, approve and
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accept the description prior to submission of the description to
the board for the board's approval. The written agreement shall
be signed by the primary supervising physician, one substitute
supervising physician, if applicable, and the physician
assistant. It shall not be a defense in any administrative or
civil action that the physician assistant acted outside the
scope of the board-approved description or that the supervising
physician utilized the physician assistant outside the scope of
the board-approved description because the supervising physician
or physician assistant permitted another person to represent to
the board that the description had been approved by the
supervising physician or physician assistant. Upon submission of
the application, board staff shall review the application only
for 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
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responsibility or supervises pursuant to a written agreement at
any time. In health care facilities licensed under the act of
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.
* * *
Section 3. This act shall take effect in 30 days.
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