SB375: relative to the regulation of physician assistants.

CHAPTER 198

SB 375 – FINAL VERSION

5May2004… 1358h

05/06/04 1548eba

2004 SESSION

04-3081

08/09

SENATE BILL 375

AN ACT relative to the regulation of physician assistants.

SPONSORS: Sen. D’Allesandro, Dist 20

COMMITTEE: Public Institutions, Health and Human Services

ANALYSIS

This bill makes various changes to the physicians assistant practice act to make it similar to the laws regulating physicians.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

5May2004… 1358h

05/06/04 1548eba

04-3081

08/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to the regulation of physician assistants.

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

198:1 New Subparagraph; Conditions for Licensure. Amend RSA 328-D:3, I by inserting after subparagraph (c) the following new subparagraph:

(d) Demonstrate that the applicant has good character.

198:2 New Paragraph; Conditions for Licensure. 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 under RSA 328-D:6 may be grounds for denial of a license.

198:3 License Renewal. Amend RSA 328-D:5 to read as follows:

328-D:5 Renewal of Licenses. 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. A license issued under this chapter shall not expire until the board has taken final action upon the application for renewal.

198:4 New Section; Failure to Apply for Renewal. Amend RSA 328-D by inserting after section 5 the following new section:

328-D:5-a Failure to Renew; Lapse.

I. Any licensee who fails to apply for renewal under RSA 328-D:5 shall pay double the renewal fee, provided the licensee applies and pays the renewal fee no later than 90 days after the expiration date. Any licensee who fails to apply for renewal of his or her license within the 90-day period after expiration, shall have his or her license lapse. A lapsed license shall be reinstated only upon payment of a reinstatement fee as established by the board, and upon showing evidence of professional competence as the board may reasonably require.

II. If a license expires or lapses as a result of a licensee being ordered to active duty with the armed services, the licensee shall have 90 days from the date of discharge or release from the armed service to apply for renewal and all late fees shall be waived.

198:5 Grounds for Discipline. RSA 328-D:6 is repealed and reenacted to read as follows:

328-D:6 Grounds for Discipline. The board, after hearing, may take action against any person licensed under this chapter upon finding that the licensee:

I. Has knowingly provided false information on 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.

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

III. 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.

IV. 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 or specialty thereof, or has intentionally injured a patient while practicing his or her profession or performing such ancillary activities.

V. Has undertaken to practice independent of the referral or prescription, direction, or supervision of a physician licensed under RSA 329.

VI. Has failed to provide adequate safeguards with regard to aseptic techniques or radiation techniques.

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

VIII. 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.

IX. Has willfully or repeatedly violated any provision of this chapter or any substantive rule of the board.

X. Has been convicted of a felony under the laws of the United States or any state.

XI. 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.

198:6 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 the physician assistant to submit to the care, counseling or treatment of a physician, counseling service, health care facility, professional assistance program, or any combination thereof which is acceptable to the board.

IV. Place the physician assistant on probation.

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

VI. Assess administrative fines in amounts established 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.

198:7 Appeals. RSA 328-D:8 is repealed and reenacted to read as follows:

328-D:8 Appeals. Disciplinary action taken by the board under RSA 328-D:7 may be appealed to the supreme court under RSA 541.

198:8 Physicians Assistants; Advisory Committee. Amend the introductory paragraph of RSA 328-D:9 to read as follows:

There is hereby established a committee who shall serve in an advisory capacity to the board. The committee shall consist of 2 physician assistants licensed under this chapter and nominated by 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:

198:9 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 law 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.

198:10 New Section; Limitation on Action. Amend RSA 328-D by inserting after section 13 the following new section:

328-D:14 Limitation on Action. A person, licensed or 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, shall not 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, as long as such person receives no direct compensation for the care from or on behalf of the person cared for.

198:11 Repeal. The following are repealed:

I. RSA 328-D:4, relative to temporary licensure.

II. RSA 328-D:9, IV, relative to advisory committee interviews of physician assistant applicants.

198:12 Effective Date. This act shall take effect December 31, 2004.

(Approved: June 7, 2004)

(Effective Date: December 31, 2004)