HF 598

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health occupations; granting immunity to 
  1.3             physician assistants and supervising physicians who 
  1.4             render care in disasters; permitting physician 
  1.5             assistants to render care in disasters without 
  1.6             physician and physician assistant agreements; amending 
  1.7             Minnesota Statutes 1998, section 147A.15, by adding a 
  1.8             subdivision; proposing coding for new law in Minnesota 
  1.9             Statutes, chapter 147A. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1998, section 147A.15, is 
  1.12  amended by adding a subdivision to read: 
  1.13     Subd. 4.  [RESPONDING TO A DISASTER SITUATION.] (a) A 
  1.14  registered physician assistant or a physician assistant duly 
  1.15  licensed or credentialed to practice in another jurisdiction who 
  1.16  voluntarily and gratuitously renders care in a disaster, in 
  1.17  accordance with section 147A.23, shall be immune from civil 
  1.18  liability for any personal injuries, which result from acts or 
  1.19  omissions of the physician assistant in rendering the care 
  1.20  unless the physician assistant acts in a willful and wanton or 
  1.21  reckless manner in providing the care.  This subdivision does 
  1.22  not apply to a physician assistant rendering emergency care 
  1.23  during the course of regular employment and receiving 
  1.24  compensation or expecting to receive compensation for rendering 
  1.25  care. 
  1.26     (b) A supervising physician shall be immune from civil 
  1.27  liability for any personal injuries which result from acts or 
  2.1   omissions by the physician assistant in rendering care in a 
  2.2   disaster in accordance with section 147A.23. 
  2.3      (c) A physician who provides supervision to a physician 
  2.4   assistant while the physician assistant is rendering care in a 
  2.5   disaster in accordance with section 147A.23 shall be immune from 
  2.6   civil liability for any physical injuries which result from acts 
  2.7   or omissions by the physician assistant in rendering the care. 
  2.8      Sec. 2.  [147A.23] [RESPONDING TO DISASTER SITUATIONS.] 
  2.9      (a) A registered physician assistant or a physician 
  2.10  assistant duly licensed or credentialed in another jurisdiction 
  2.11  who is responding to a need for medical care created by a state 
  2.12  or local disaster may render such care as the physician 
  2.13  assistant is able to provide without the need of a physician and 
  2.14  physician assistant agreement as required under section 
  2.15  147A.20.  Physician supervision, as required under section 
  2.16  147A.09, must be provided under the direction of an emergency 
  2.17  medical director in accordance with rules adopted by the 
  2.18  emergency medical services regulatory board under section 
  2.19  144E.16. 
  2.20     (b) The physician who provides supervision to a physician 
  2.21  assistant while the physician assistant is rendering care in a 
  2.22  disaster in accordance with this section may do so without 
  2.23  meeting the requirements of section 147A.20.