Reference is to Printer's Date 4/25/18-H.
Amend the bill, as and if amended, Section 40-33-34, as contained in SECTION 2, by adding an appropriately lettered subsection to read:
/ ( )(1) For
purposes of this subsection:
(a)
'Telemedicine' has the same meaning as provided
in Section 40-47-20(52).
(b)
'Unprofessional conduct' has the same meaning as
provided in Section 40-33-20(64).
(2)
An APRN may perform medical acts via
telemedicine pursuant to a practice agreement as defined in
Section 40-33-20(45).
(3)
An APRN who establishes a nurse-patient
relationship solely by means of telemedicine shall adhere to the
same standard of care as a licensee employing more traditional
in-person medical care. Failure to conform to the appropriate
standard of care is considered unprofessional conduct and may be
subject to enforcement by the board.
(4)
An APRN may not establish a nurse-patient
relationship by means of telemedicine for the purpose of
prescribing medication when an in-person physical examination is
necessary for diagnosis.
(5)
An APRN who establishes a nurse-patient
relationship solely by means of telemedicine only may prescribe
within a practice setting fully in compliance with this chapter
and during an encounter in which threshold information necessary
to make an accurate diagnosis is obtained in a medical history
interview conducted by the prescribing licensee; provided,
however, that Schedule II-V prescriptions are only permitted
pursuant to a practice agreement as defined in Section
40-33-20(45) and nothing in this item may be construed to
authorize the prescribing of medications via telemedicine that
otherwise are restricted by the limitations in Section
40-47-37(C)(6).
(6)
An APRN who establishes a nurse-patient
relationship solely by means of telemedicine shall generate and
maintain medical records for each patient using those
telemedicine services in compliance with any applicable state
and federal laws, rules, and regulations, including the
provisions of this chapter, the Health Insurance Portability and
Accountability Act (HIPAA), and the Health Information
Technology for Economic and Clinical Health Act (HITECH). These
records must be accessible to other practitioners and to the
patient in a timely fashion when lawfully requested by the
patient or his lawfully designated representative.
(7)
The provisions of this subsection may not be
construed to allow an APRN to perform services beyond the scope
of what is authorized by Title 40, Chapter 33 and Title 40,
Chapter 47." /
Amend the bill further, by adding appropriately numbered SECTIONS at the end to read:
/ SECTION ___. Section 40-47-935 of the 1976 Code is amended to read:
"Section 40-47-935.
(A) Physician assistants may
perform:
(1)
medical acts, tasks, or functions with written scope of
practice guidelines under physician supervision;
(2)
those duties and responsibilities, including the
prescribing and dispensing of drugs and medical devices, that
are lawfully delegated by their supervising
physicians.; provided, however, only
physician assistants holding a permanent license may prescribe
drug therapy as provided in this article; and
(3)
telemedicine in accordance with the requirements
of Section 40-47-37 including, but not limited to, Section
40-47-37(C)(6) requiring board authorization prior to
prescribing Schedule II and Schedule III prescriptions, Section
40-47-113, approved written scope of practice guidelines, and
pursuant to all physician supervisory requirements imposed by
this chapter.
(B) A physician
assistant is an agent of his or her supervising physician in the
performance of all practice related activities including, but
not limited to, the ordering of diagnostic, therapeutic, and
other medical services."
SECTION ___. Section 40-47-955(B) of the 1976 Code, as last amended by Act 28 of 2013, is further amended to read:
"(B) Pursuant to
scope of practice guidelines, a physician assistant may:
(1)
practice in a public place, a private place, or a
facility where the supervising physician regularly sees
patients,; and
(2)
may make house calls, perform hospital duties,
perform telemedicine, and perform any functions performed
by the supervising physician if the physician assistant is also
qualified to perform those functions." /
Renumber sections to conform.
Amend title to conform.