Current Status Introducing Body:House Bill Number:4740 Primary Sponsor:Cromer Committee Number:27 Type of Legislation:GB Subject:Physicians assistants Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Computer Document Number:BR1/2529.AC Introduced Date:Apr 14, 1992 Last History Body:House Last History Date:Apr 14, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Cromer Type of Legislation:General Bill
Bill Body Date Action Description CMN
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4740 House Apr 14, 1992 Introduced, read first time, 27
referred to Committee
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TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, SO AS TO ADD CHAPTER 48, "PHYSICIANS ASSISTANTS", TO PROVIDE DEFINITIONS, QUALIFICATIONS, AND LICENSING PROCEDURES, TO DEFINE THE SCOPE OF PRACTICE, TO PRESCRIBE REQUIREMENTS FOR SUPERVISION, AND TO PROVIDE FOR VIOLATIONS AND PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 40 of the 1976 Code is amended by adding:
Section 40-48-10. As used in this chapter:
(1) `Physician assistant' means a person who has graduated from a physician assistant or surgeon assistant program accredited by the American Medical Association's Committee on Allied Health Education and Accreditation or who has passed the certifying examination administered by the National Commission on Certification of Physician Assistants, or both.
(2) `Board' means the Board of Medical Examiners created pursuant to Chapter 40, Title 47.
(3) `Supervising physician' means a medical doctor or doctor of osteopathy licensed by the board who supervises physician assistants.
(4) `Supervision' means overseeing the activities of and accepting responsibility for the medical services rendered by a physician assistant.
Section 40-48-20. Except as otherwise provided in this chapter, an individual must be licensed by the board before the individual may practice as a physician assistant. The board may grant a license as a physician assistant to an applicant who:
(1) submits an application on forms approved by the board;
(2) pays the appropriate fee as determined by the board;
(3) has successfully completed an educational program for physician assistants or surgeon assistants accredited by the Committee on Allied Health Education and Accreditation or has passed the Physician Assistant National Certifying Examination administered by the National Commission on Certification of Physician Assistants;
(4) certifies that he or she is mentally and physically able to engage safely in practice as a physician assistant;
(5) has no licensure, certification, or registration as a physician assistant under current discipline, revocation, suspension, or probation for cause resulting from the applicant's practice as a physician assistant, unless the board considers the condition and agrees to licensure;
(6) is of good moral character;
(7) submits to the board any other information the board considers necessary to evaluate the applicant's qualifications; and
(8) has been approved by the board.
Section 40-48-30. (A) The board may grant a temporary license to an applicant who meets the qualifications for licensure except that the applicant has not yet taken the national certifying examination or the applicant has taken the national certifying examination and is awaiting the results. A temporary license is valid:
(1) for one year from the date of issuance;
(2) until the results of an applicant's examination are available; or
(3) until the board makes a final decision on the applicant's request for licensure;
whichever comes first. The board may extend a temporary license upon a majority vote of the board members for a period not to exceed one year. Under no circumstances may the board grant more than one extension of a temporary license.
(B) A temporary license may be granted to an applicant who meets all the qualifications for licensure but is awaiting the next scheduled meeting of the board.
Section 40-48-40. A physician assistant who notifies the board in writing on forms prescribed by the board may elect to place his license on an inactive status. A physician assistant with an inactive license is excused from payment of renewal fees and may not practice as a physician assistant. A licensee who engages in practice while the license is lapsed or on inactive status is considered to be practicing without a license, which is grounds for discipline under Section 40-48-140. A physician assistant requesting restoration from inactive status is required to pay the current renewal fee and is required to meet the criteria for renewal as specified in Section 40-48-50.
Section 40-48-50. A person who holds a license as a physician assistant in this State, upon notification from the board, must renew this license by:
(1) submitting the appropriate fee as determined by the board;
(2) completing the appropriate forms; and
(3) meeting any other requirements set forth by the board.
Section 40-48-60. Nothing in this chapter may be construed to require licensure under this chapter of:
(1) a physician assistant student enrolled in a physician assistant or surgeon assistant educational program accredited by the Committee on Allied Health Education and Accreditation;
(2) a physician assistant employed in the service of the federal government while performing duties incident to that employment; or
(3) a technician, other assistant, or employee of a physician who performs delegated tasks in the office of a physician but who is not rendering services as a physician assistant or identifying himself as a physician assistant.
Section 40-48-70. A physician assistant only may practice medicine with physician supervision. Physician assistants may perform those duties and responsibilities, including the prescribing and dispensing of drugs and medical devices, that are delegated by the supervising physician. A physician assistant is considered the agent of the 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 40-48-80. A physician assistant may prescribe, dispense, and administer drugs and medical devices to the extent delegated by the supervising physician. Prescribing and dispensing of drugs may include Schedules II through V substances as described in Article 3, Chapter 53 of Title 44 and all legend drugs. All dispensing activities of physician assistants must:
(1) comply with appropriate federal and state regulations; and
(2) occur when pharmacy services are not available reasonably, or when it is in the best interest o the patient, or when it is an emergency.
A physician assistant may request, receive, and sign for professional samples and may distribute professional samples to patients.
Section 40-48-90. Supervision must be continuous but may not be construed as necessarily requiring the physical presence of the supervising physician at the time and place that the services are rendered. The constant physical presence of the supervising physician is not required so long as the supervising physician and physician assistant are or can be easily in contact with one another by radio, telephone, or other telecommunication device. It is the obligation of each physician and physician assistant team to insure that the physician assistant's scope of practice is identified; that delegation of medical tasks is appropriate to the physician assistant's level of competence; that the relationship of, and access to, the supervising physician is defined; and that a process for evaluation of the physician assistant's performance is established.
Section 40-48-100. A physician wishing to supervise a physician assistant must:
(1) be licensed in this State;
(2) notify the board of intent to supervise a physician assistant;
(3) submit a statement to the board that the physician will exercise supervision over the physician assistant in accordance with any regulations adopted by the board and that the physician will retain professional and legal responsibility for the care rendered by the physician assistant.
Section 40-48-110. A physician assistant licensed in this State, before initiating practice, shall submit, on forms approved by the board, notification of intent to practice. This notification must include:
(1) the name, business address, and telephone number of the supervising physician; and
(2) the name, business address, and telephone number of the physician assistant.
A physician assistant must notify the board of any changes or additions in supervising physicians within thirty days.
Section 40-48-120. Nothing in this chapter may be construed to:
(1) prohibit the rendering of services by a physician assistant in a setting geographically remote from the supervising physician; or
(2) limit the employment arrangement of a physician assistant licensed under this chapter.
Section 40-48-130. (A) If a physician assistant is employed by a physician or group of physicians, the physician assistant must be supervised by and be the legal responsibility of the employing physicians. The legal responsibility for the physician assistant's patient care activities remains that of the employing physicians, including when the physician assistant provides care and treatment for patients in health care facilities.
(B) If a physician assistant is employed by a health care facility or other entity, the legal responsibility for the physician assistant's actions or omissions is that of the employing facility or entity. A physician assistant employed by a facility must be supervised by a licensed physician.
Section 40-48-140. The board, having met due process requirements, may discipline a physician assistant who:
(1) fraudulently or deceptively obtains or attempts to obtain a license;
(2) fraudulently or deceptively uses a license;
(3) violates a provision of this chapter or a regulation adopted by the board pursuant to this chapter;
(4) is convicted of a felony;
(5) is a habitual user of intoxicants or drugs to such an extent that the physician assistant is unable to safely perform as a physician assistant;
(6) has been adjudicated as mentally incompetent or has a mental condition that renders the physician assistant unable to safely perform as a physician assistant;
(7) has committed an act of moral turpitude; or
(8) represents himself as a physician.
Section 40-48-150. The board, upon finding that a physician assistant has committed an offense described in Section 40-48-140 may:
(1) refuse to grant a license;
(2) administer a public or private reprimand;
(3) revoke, suspend, limit, or otherwise restrict a license;
(4) require a physician assistant to submit to the care, counseling, or treatment of a physician designated by the board;
(5) suspend enforcement of its finding and place the physician assistant on probation with the right to vacate the probationary order for noncompliance; or
(6) restore or reissue a license and impose any disciplinary or corrective measure which it may have imposed.
Section 40-48-160. (A) A person not licensed under this chapter is subject to penalties applicable to the unlicensed practice of medicine if the person:
(1) holds himself out as a physician assistant;
(2) uses any combination or abbreviation of the term `physician assistant' to indicate or imply that he is a physician assistant; or
(3) acts as a physician assistant without being licensed by the board.
(B) An unlicensed physician is not permitted to use the title of `physician assistant' or to practice as a physician assistant unless the physician fulfills the requirements of this chapter.
Section 4-48-170. The license of a physician assistant must be available for inspection at the physician assistant's primary place of business and the physician assistant, when engaged in professional activities, shall wear a name tag with an identification of `physician assistant'.
Section 40-48-180. The board shall promulgate, in accordance with the Administrative Procedures Act, all regulations that are reasonable and necessary for the performance of the various duties imposed upon the board by the provisions of this chapter, including, but not limited to, setting licensure fees and establishing renewal dates.
Section 40-48-190. A physician licensed in this State may apply to the board for permission to supervise a physician assistant. The application must be submitted jointly by the physician and the physician assistant and may be accompanied by a fee as determined by the board. The joint application must describe the manner and extent to which the physician assistant will practice and be supervised, including identification of additional licensed physicians who will supervise the physician assistant; the education, training, and experience of the primary supervisor and the physician assistant; and other information as the board may require. The board may approve, modify, or reject an application. If it is determined that a physician or physician assistant is practicing in a manner inconsistent with the approval granted, the board may demand modification of the practice, withdraw approval of the practice agreement, or take other disciplinary action as defined in this chapter.
Section 40-48-200. (A) The practice of a physician assistant must include medical services within the education, training, and experience of the physician assistant that are delegated by the supervising physician. Medical services rendered by a physician assistant may include, but are not limited to:
(1) obtaining patient histories and performing physical examinations;
(2) ordering or performing diagnostic or therapeutic procedures, or both;
(3) formulating a diagnosis;
(4) developing and implementing a treatment plan;
(5) monitoring the effectiveness of therapeutic interventions;
(6) assist at surgery;
(7) offering counseling and education to meet patient needs; and
(8) making appropriate referrals.
(B) The activities enumerated in subsection (A) may be performed in any setting authorized by the supervising physician, including, but not limited to, a clinic, hospital, an ambulatory surgical center, a patient's home, a nursing home, and other institutional settings.
Section 40-48-210. (A) The board may grant a locum tenens permit to an applicant who is licensed in the State. The permit may be granted by an authorized representative of the board. An application for a locum tenens permit must be reviewed at the next scheduled board meeting. The maximum duration of a locum tenens permit is one year. The permit may be renewed annually on a date set by the board.
(B) For purposes of this section `locum tenens' means the temporary provision of services by a substitute provider."
SECTION 2. This act takes effect upon approval by the Governor.