HB1406: relative to the regulation of physician assistants.

HB 1406 - AS INTRODUCED

2003 SESSION

03-2325

10/01

HOUSE BILL 1406

AN ACT relative to the regulation of physician assistants.

SPONSORS: Rep. Fraser, Merr 37

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill makes various revisions to the licensure, regulation, and discipline of physicians assistants.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-2325

10/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to the regulation of physician assistants.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Definition; Physician Assistant. Amend RSA 328-D:1, III to read as follows:

III. "Physician assistant" or "P.A." means a person qualified both by academic and practical training in [a] an approved program [approved] accepted by the board to provide patient services under the supervision and direction of a licensed physician in a variety of medical care settings.

2 Licensure; Training Programs. Amend RSA 328-D:2, II to read as follows:

II. This section shall not be construed to prohibit students enrolled in approved physician assistant training programs [approved] accepted by the board, from performing work incidental to their respective courses of study or supervised clinical work while under the supervision of a physician

3 New Subparagraph; Conditions for Licensure; Good Character. Amend RSA 328-D:3, I by inserting after subparagraph (c) the following new subparagraph:

(d) Demonstrate that the applicant is of good professional character.

4 New Paragraph; Conditions for Licensure; Grounds For Denial. Amend RSA 328-D:3 by inserting after paragraph II the following new paragraph:

III. Circumstances that exist which would be grounds for disciplinary action against a licensed physician assistant pursuant to RSA 328-D:6 may be grounds for denial of license.

5 Renewal of License; Neglect to Renew. Amend RSA 328-D:5 to read as follows:

328-D:5 Renewal of Licenses; Neglect to Renew.

I. Every person licensed to practice under this chapter shall apply to the board for annual renewal of license on forms provided by the board and shall pay a renewal fee as established by the board. Applications for renewal shall be filed no later than December 31 of each year and shall include a photocopy of the applicant's current national certification card.

II. Any licensee who fails to renew his or her license by December 31 of the year in which the licensee's renewal is set to occur shall be required to pay double the renewal fee. Any failure, neglect, or refusal on the part of any person licensed by the board to renew the license as provided in paragraph I shall automatically lapse such license. Licenses lapsed under this section shall not be restored except upon payment of a restoration fee as established by the board, and a showing of such evidence of professional competence as the board may reasonably require.

6 Grounds for Discipline. RSA 328-D:6 is repealed and reenacted to read as follows:

328-D:6 Grounds for Discipline.

I. The board, after hearing, may take disciplinary action against any person licensed by it upon finding that the person:

(a) Has knowingly provided false information during any application for professional licensure, whether by making any affirmative statement which was false at the time it was made or by failing to disclose any fact material to the application.

(b) Is a habitual user of drugs or intoxicants or is afflicted with physical disability, insanity, psychiatric disorders, or other disease deemed dangerous to the public health.

(c) Has displayed a pattern of behavior which is incompatible with the basic knowledge and competence expected of persons in the practice of his or her profession.

(d) Has engaged in dishonest or unprofessional conduct or has been grossly or repeatedly negligent in practicing his or her profession or in performing activities ancillary to the practice of his or her profession or any particular aspect thereof, or has intentionally injured a patient while practicing his or her profession or performing such ancillary activities.

(e) Has undertaken to practice independent of the referral, prescription, director, or supervision of a physician licensed under RSA 329.

(f) Has failed to provide adequate safeguards in regard to aseptic techniques or radiation techniques.

(g) Has included in advertising any statement of a character tending to deceive or mislead the public or any statement claiming professional superiority.

(h) Has advertised the use of any drug or medicine of an unknown formula or any system of anesthetic that is unnamed, misnamed, misrepresented, or not in reality used.

(i) Has willfully or repeatedly violated any provision of this chapter or any substantive rule of the board.

(j) Has been convicted of a felony under the laws of the United States or any state.

(k) Has failed to maintain adequate medical record documentation on diagnostic and therapeutic treatment provided or has unreasonably delayed medical record transfer, or violated RSA 332-I.

II. The procedures and standards for hearings set forth in RSA 329:18-a shall apply to this section.

7 Disciplinary Action. RSA 328-D:7 is repealed and reenacted to read as follows:

328-D:7 Disciplinary Action. The board, upon making an affirmative finding under RSA 328-D:6, may take disciplinary action in any one or more of the following ways:

I. Administer a public or private reprimand.

II. Revoke, suspend, limit, or otherwise restrict a license.

III. Require a physician assistant to submit to the care, counseling, or treatment of a physician, counseling service, health care facility, professional assistance program, or any combination which is acceptable to the board.

IV. Place the physician assistant on probation.

V. Require the person to participate in a program of continuing education in the area or areas in which the person has been found deficient.

VI. Assess administrative fines in amounts established in rules adopted by the board which shall not exceed $3,000 per offense, or, in the case of continuing offenses, $300 for each day that the violation continues, whichever is greater.

8 Appeals. RSA 328-D:8 is repealed and reenacted to read as follows:

328-D:8 Appeals. Any disciplinary action taken by the board pursuant to RSA 328-D:7 may be appealed according to RSA 541.

9 Advisory Committee. Amend RSA 328-D:9 to read as follows:

328-D:9 Advisory Committee. There is hereby established a committee who shall serve in an advisory capacity to the board. The committee shall consist of 2 physician assistants selected from licensed [under this chapter and nominated by] physician assistants in this state, for which the board may request a list of candidates from the New Hampshire Society of Physician Assistants, and 2 physicians, licensed under RSA 329, who shall have supervised physician assistants in their practice. The committee members shall be appointed by the board for a term of [2] 3 years[; except that initially one physician assistant and one physician shall serve one-year terms]. No committee member shall serve more than 2 consecutive terms. A vacancy shall be filled in the same manner, but only for the unexpired term. Members of the committee shall receive $50 per day and their expenses when attending to their duties. The committee shall:

I. Advise the board relative to matters pertaining to the utilization of physician assistants.

II. Review and make recommendations on all applications for licensure, renewal, and reinstatement[, and disciplinary matters].

III. Cooperate with the board in adopting rules under RSA 328-D:10.

IV. [Conduct interviews of physician assistant applicants and evaluate their qualifications.] Review and make recommendations to the board on all disciplinary matters regarding physicians assistants.

10 Penalty. RSA 328-D:13 is repealed and reenacted to read as follows:

328-D:13 Penalty. Any person who, not being licensed or otherwise authorized according to the laws of this state, shall advertise oneself or hold oneself out as a physician assistant, or any person who does such act after receiving notice that such person's license has been revoked, shall be guilty of a misdemeanor.

11 New Section; Emergency Treatment. Amend RSA 328-D by inserting after section 13 the following new section:

328-D:14 Emergency Treatment. No person, authorized to practice as a physician assistant under this chapter or under the laws of any other state, who, in good faith, renders emergency care at the scene of an emergency without making any charge therefor, shall be liable for any civil damages as a result of acts or omissions by such person in rendering such emergency care, or as a result of any act or failure to act to provide or arrange for further medical treatment or care.

12 Repeal. RSA 328-D:4, relative to temporary licensure, is repealed.

13 Effective Date. This act shall take effect 60 days after its passage.