1.1 	A bill for an act
1.2 	relating to occupations and professions; creating licensure for physician 
1.3 	assistants;amending Minnesota Statutes 2008, sections 144.1501, subdivision 1; 
1.4 	144E.001, subdivisions 3a, 9c; 147.09; 147A.01; 147A.02; 147A.03; 147A.04; 
1.5 	147A.05; 147A.06; 147A.07; 147A.08; 147A.09; 147A.11; 147A.13; 147A.16; 
1.6 	147A.18; 147A.19; 147A.20; 147A.21; 147A.23; 147A.24; 147A.26; 147A.27; 
1.7 	169.345, subdivision 2; 253B.02, subdivision 7; 253B.05, subdivision 2; 
1.8 	256B.0625, subdivision 28a; 256B.0751, subdivision 1; repealing Minnesota 
1.9 	Statutes 2008, section 147A.22.
1.10 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.11 	Section 1. Minnesota Statutes 2008, section 144.1501, subdivision 1, is amended to 
1.12 	read:
1.13 		Subdivision 1.Definitions. (a) For purposes of this section, the following definitions 
1.14 	apply.
1.15 	(b) "Dentist" means an individual who is licensed to practice dentistry.
1.16 	(c) "Designated rural area" means:
1.17 	(1) an area in Minnesota outside the counties of Anoka, Carver, Dakota, Hennepin, 
1.18 	Ramsey, Scott, and Washington, excluding the cities of Duluth, Mankato, Moorhead, 
1.19 	Rochester, and St. Cloud; or
1.20 	(2) a municipal corporation, as defined under section 471.634, that is physically 
1.21 	located, in whole or in part, in an area defined as a designated rural area under clause (1).
1.22 	(d) "Emergency circumstances" means those conditions that make it impossible for 
1.23 	the participant to fulfill the service commitment, including death, total and permanent 
1.24 	disability, or temporary disability lasting more than two years.
1.25 	(e) "Medical resident" means an individual participating in a medical residency in 
1.26 	family practice, internal medicine, obstetrics and gynecology, pediatrics, or psychiatry.
2.1 	(f) "Midlevel practitioner" means a nurse practitioner, nurse-midwife, nurse 
2.2 	anesthetist, advanced clinical nurse specialist, or physician assistant.
2.3 	(g) "Nurse" means an individual who has completed training and received all 
2.4 	licensing or certification necessary to perform duties as a licensed practical nurse or 
2.5 	registered nurse.
2.6 	(h) "Nurse-midwife" means a registered nurse who has graduated from a program of 
2.7 	study designed to prepare registered nurses for advanced practice as nurse-midwives.
2.8 	(i) "Nurse practitioner" means a registered nurse who has graduated from a program 
2.9 	of study designed to prepare registered nurses for advanced practice as nurse practitioners.
2.10 	(j) "Pharmacist" means an individual with a valid license issued under chapter 151.
2.11 	(k) "Physician" means an individual who is licensed to practice medicine in the areas 
2.12 	of family practice, internal medicine, obstetrics and gynecology, pediatrics, or psychiatry.
2.13 	(l) "Physician assistant" means a person registered licensed under chapter 147A.
2.14 	(m) "Qualified educational loan" means a government, commercial, or foundation 
2.15 	loan for actual costs paid for tuition, reasonable education expenses, and reasonable living 
2.16 	expenses related to the graduate or undergraduate education of a health care professional.
2.17 	(n) "Underserved urban community" means a Minnesota urban area or population 
2.18 	included in the list of designated primary medical care health professional shortage areas 
2.19 	(HPSAs), medically underserved areas (MUAs), or medically underserved populations 
2.20 	(MUPs) maintained and updated by the United States Department of Health and Human 
2.21 	Services.

2.22 	Sec. 2. Minnesota Statutes 2008, section 144E.001, subdivision 3a, is amended to read:
2.23 		Subd. 3a.Ambulance service personnel. "Ambulance service personnel" means 
2.24 	individuals who are authorized by a licensed ambulance service to provide emergency 
2.25 	care for the ambulance service and are:
2.26 	(1) EMTs, EMT-Is, or EMT-Ps;
2.27 	(2) Minnesota registered nurses who are: (i) EMTs, are currently practicing 
2.28 	nursing, and have passed a paramedic practical skills test, as approved by the board 
2.29 	and administered by a training program approved by the board; (ii) on the roster of an 
2.30 	ambulance service on or before January 1, 2000; or (iii) after petitioning the board, 
2.31 	deemed by the board to have training and skills equivalent to an EMT, as determined on 
2.32 	a case-by-case basis; or
2.33 	(3) Minnesota registered licensed physician assistants who are: (i) EMTs, are 
2.34 	currently practicing as physician assistants, and have passed a paramedic practical skills 
2.35 	test, as approved by the board and administered by a training program approved by the 
3.1 	board; (ii) on the roster of an ambulance service on or before January 1, 2000; or (iii) after 
3.2 	petitioning the board, deemed by the board to have training and skills equivalent to an 
3.3 	EMT, as determined on a case-by-case basis.

3.4 	Sec. 3. Minnesota Statutes 2008, section 144E.001, subdivision 9c, is amended to read:
3.5 		Subd. 9c.Physician assistant. "Physician assistant" means a person registered
3.6 	licensed to practice as a physician assistant under chapter 147A.

3.7 	Sec. 4. Minnesota Statutes 2008, section 147.09, is amended to read:
3.8 	147.09 EXEMPTIONS.
3.9 	Section 147.081 does not apply to, control, prevent or restrict the practice, service, 
3.10 	or activities of:
3.11 	(1) A person who is a commissioned medical officer of, a member of, or employed 
3.12 	by, the armed forces of the United States, the United States Public Health Service, the 
3.13 	Veterans Administration, any federal institution or any federal agency while engaged in 
3.14 	the performance of official duties within this state, if the person is licensed elsewhere.
3.15 	(2) A licensed physician from a state or country who is in actual consultation here.
3.16 	(3) A licensed or registered physician who treats the physician's home state patients 
3.17 	or other participating patients while the physicians and those patients are participating 
3.18 	together in outdoor recreation in this state as defined by section 86A.03, subdivision 3. 
3.19 	A physician shall first register with the board on a form developed by the board for that 
3.20 	purpose. The board shall not be required to promulgate the contents of that form by rule. 
3.21 	No fee shall be charged for this registration.
3.22 	(4) A student practicing under the direct supervision of a preceptor while the student 
3.23 	is enrolled in and regularly attending a recognized medical school.
3.24 	(5) A student who is in continuing training and performing the duties of an intern or 
3.25 	resident or engaged in postgraduate work considered by the board to be the equivalent of 
3.26 	an internship or residency in any hospital or institution approved for training by the board, 
3.27 	provided the student has a residency permit issued by the board under section 147.0391.
3.28 	(6) A person employed in a scientific, sanitary, or teaching capacity by the state 
3.29 	university, the Department of Education, a public or private school, college, or other 
3.30 	bona fide educational institution, a nonprofit organization, which has tax-exempt status 
3.31 	in accordance with the Internal Revenue Code, section 501(c)(3), and is organized and 
3.32 	operated primarily for the purpose of conducting scientific research directed towards 
3.33 	discovering the causes of and cures for human diseases, or the state Department of Health, 
3.34 	whose duties are entirely of a research, public health, or educational character, while 
4.1 	engaged in such duties; provided that if the research includes the study of humans, such 
4.2 	research shall be conducted under the supervision of one or more physicians licensed 
4.3 	under this chapter.
4.4 	(7) Physician'sPhysician  assistants registered licensed in this state.
4.5 	(8) A doctor of osteopathy duly licensed by the state Board of Osteopathy under 
4.6 	Minnesota Statutes 1961, sections 148.11 to 148.16, prior to May 1, 1963, who has not 
4.7 	been granted a license to practice medicine in accordance with this chapter provided that 
4.8 	the doctor confines activities within the scope of the license.
4.9 	(9) Any person licensed by a health-related licensing board, as defined in section 
4.10 	214.01, subdivision 2, or registered by the commissioner of health pursuant to section 
4.11 	214.13, including psychological practitioners with respect to the use of hypnosis; provided 
4.12 	that the person confines activities within the scope of the license.
4.13 	(10) A person who practices ritual circumcision pursuant to the requirements or 
4.14 	tenets of any established religion.
4.15 	(11) A Christian Scientist or other person who endeavors to prevent or cure disease 
4.16 	or suffering exclusively by mental or spiritual means or by prayer.
4.17 	(12) A physician licensed to practice medicine in another state who is in this state 
4.18 	for the sole purpose of providing medical services at a competitive athletic event. The 
4.19 	physician may practice medicine only on participants in the athletic event. A physician 
4.20 	shall first register with the board on a form developed by the board for that purpose. The 
4.21 	board shall not be required to adopt the contents of the form by rule. The physician shall 
4.22 	provide evidence satisfactory to the board of a current unrestricted license in another state. 
4.23 	The board shall charge a fee of $50 for the registration.
4.24 	(13) A psychologist licensed under section 148.907 or a social worker licensed 
4.25 	under chapter 148D who uses or supervises the use of a penile or vaginal plethysmograph 
4.26 	in assessing and treating individuals suspected of engaging in aberrant sexual behavior 
4.27 	and sex offenders.
4.28 	(14) Any person issued a training course certificate or credentialed by the Emergency 
4.29 	Medical Services Regulatory Board established in chapter 144E, provided the person 
4.30 	confines activities within the scope of training at the certified or credentialed level.
4.31 	(15) An unlicensed complementary and alternative health care practitioner practicing 
4.32 	according to chapter 146A.

4.33 	Sec. 5. Minnesota Statutes 2008, section 147A.01, is amended to read:
4.34 	147A.01 DEFINITIONS.
5.1 		Subdivision 1.Scope. For the purpose of this chapter the terms defined in this 
5.2 	section have the meanings given them.
5.3 		Subd. 2.Active status. "Active status" means the status of a person who has met all 
5.4 	the qualifications of a physician assistant, has a physician-physician assistant agreement in 
5.5 	force, and is registered.
5.6 		Subd. 3.Administer. "Administer" means the delivery by a physician assistant 
5.7 	authorized to prescribe legend drugs, a single dose of a legend drug, including controlled 
5.8 	substances, to a patient by injection, inhalation, ingestion, or by any other immediate 
5.9 	means, and the delivery by a physician assistant ordered by a physician a single dose of a 
5.10 	legend drug by injection, inhalation, ingestion, or by any other immediate means.
5.11 		Subd. 4.Agreement. "Agreement" means the document described in section 
5.12 	147A.20.  
5.13 		Subd. 5.Alternate supervising physician. "Alternate supervising physician" 
5.14 	means a Minnesota licensed physician listed in the physician-physician assistant 
5.15 	delegation agreement, or supplemental listing, who is responsible for supervising 
5.16 	the physician assistant when the main primary supervising physician is unavailable. 
5.17 	The alternate supervising physician shall accept full medical responsibility for the 
5.18 	performance, practice, and activities of the physician assistant while under the supervision 
5.19 	of the alternate supervising physician.
5.20 		Subd. 6.Board. "Board" means the Board of Medical Practice or its designee.
5.21 		Subd. 7.Controlled substances. "Controlled substances" has the meaning given it 
5.22 	in section 152.01, subdivision 4.  
5.23 		Subd. 8.Delegation form. "Delegation form" means the form used to indicate the 
5.24 	categories of drugs for which the authority to prescribe, administer, and dispense has been 
5.25 	delegated to the physician assistant and signed by the supervising physician, any alternate 
5.26 	supervising physicians, and the physician assistant. This form is part of the agreement 
5.27 	described in section 147A.20, and shall be maintained by the supervising physician and 
5.28 	physician assistant at the address of record. Copies shall be provided to the board upon 
5.29 	request. "Addendum to the delegation form" means a separate listing of the schedules 
5.30 	and categories of controlled substances, if any, for which the physician assistant has been 
5.31 	delegated the authority to prescribe, administer, and dispense. The addendum shall be 
5.32 	maintained as a separate document as described above.  
5.33 		Subd. 9.Diagnostic order. "Diagnostic order" means a directive to perform 
5.34 	a procedure or test, the purpose of which is to determine the cause and nature of a 
5.35 	pathological condition or disease.
6.1 		Subd. 10.Drug. "Drug" has the meaning given it in section 151.01, subdivision 5, 
6.2 	including controlled substances as defined in section 152.01, subdivision 4.  
6.3 		Subd. 11.Drug category. "Drug category" means one of the categories listed on the 
6.4 	physician-physician assistant delegation form agreement.
6.5 		Subd. 12.Inactive status. "Inactive status" means the status of a person who has 
6.6 	met all the qualifications of a physician assistant, and is registered, but does not have a 
6.7 	physician-physician assistant agreement in force a licensed physician assistant whose 
6.8 	license has been placed on inactive status under section 147A.05.
6.9 		Subd. 13.Internal protocol. "Internal protocol" means a document written by 
6.10 	the supervising physician and the physician assistant which specifies the policies and 
6.11 	procedures which will apply to the physician assistant's prescribing, administering, 
6.12 	and dispensing of legend drugs and medical devices, including controlled substances 
6.13 	as defined in section 152.01, subdivision 4, and lists the specific categories of drugs 
6.14 	and medical devices, with any exceptions or conditions, that the physician assistant 
6.15 	is authorized to prescribe, administer, and dispense. The supervising physician and 
6.16 	physician assistant shall maintain the protocol at the address of record. Copies shall be 
6.17 	provided to the board upon request.  
6.18 		Subd. 14.Legend drug. "Legend drug" has the meaning given it in section 151.01, 
6.19 	subdivision 17.  
6.20 		Subd. 14a.Licensed. "Licensed" means meeting the qualifications in section 
6.21 	147A.02 and being issued a license by the board.
6.22 		Subd. 14b.Licensure. "Licensure" means the process by which the board 
6.23 	determines that an applicant has met the standards and qualifications in this chapter.
6.24 		Subd. 15.Locum tenens permit. "Locum tenens permit" means time specific 
6.25 	temporary permission for a physician assistant to practice as a physician assistant in 
6.26 	a setting other than the practice setting established in the physician-physician assistant 
6.27 	agreement.
6.28 		Subd. 16.Medical device. "Medical device" means durable medical equipment and 
6.29 	assistive or rehabilitative appliances, objects, or products that are required to implement 
6.30 	the overall plan of care for the patient and that are restricted by federal law to use upon 
6.31 	prescription by a licensed practitioner.
6.32 		Subd. 16a.Notice of intent to practice. "Notice of intent to practice" means 
6.33 	a document sent to the board by a licensed physician assistant that documents the 
6.34 	adoption of a physician-physician assistant delegation agreement and provides the names, 
6.35 	addresses, and information required by section 147A.20.
7.1 		Subd. 17.Physician. "Physician" means a person currently licensed in good 
7.2 	standing as a physician or osteopath under chapter 147.
7.3 		Subd. 17a.Physician-physician assistant delegation agreement.
 7.4 	"Physician-physician assistant delegation agreement" means the document prepared and 
7.5 	signed by the physician and physician assistant affirming the supervisory relationship and 
7.6 	defining the physician assistant scope of practice. Alternate supervising physicians must be 
7.7 	identified on the delegation agreement or a supplemental listing with signed attestation that 
7.8 	each shall accept full medical responsibility for the performance, practice, and activities of 
7.9 	the physician assistant while under the supervision of the alternate supervising physician. 
7.10 	The physician-physician assistant delegation agreement outlines the role of the physician 
7.11 	assistant in the practice, describes the means of supervision, and specifies the categories of 
7.12 	drugs, controlled substances, and medical devices that the supervising physician delegates 
7.13 	to the physician assistant to prescribe. The physician-physician assistant delegation 
7.14 	agreement must comply with the requirements of section 147A.20, be kept on file at the 
7.15 	address of record, and be made available to the board or its representative upon request.
7.16 		Subd. 18.Physician assistant or registered licensed physician assistant.
 7.17 	"Physician assistant" or "registered licensed physician assistant" means a person registered
7.18 	licensed pursuant to this chapter who is qualified by academic or practical training or 
7.19 	both to provide patient services as specified in this chapter, under the supervision of a 
7.20 	supervising physician meets the qualifications in section 147A.02.
7.21 		Subd. 19.Practice setting description. "Practice setting description" means a 
7.22 	signed record submitted to the board on forms provided by the board, on which:
7.23 	(1) the supervising physician assumes full medical responsibility for the medical 
7.24 	care rendered by a physician assistant;
7.25 	(2) is recorded the address and phone number of record of each supervising 
7.26 	physician and alternate, and the physicians' medical license numbers and DEA number;
7.27 	(3) is recorded the address and phone number of record of the physician assistant 
7.28 	and the physician assistant's registration number and DEA number;
7.29 	(4) is recorded whether the physician assistant has been delegated prescribing, 
7.30 	administering, and dispensing authority;
7.31 	(5) is recorded the practice setting, address or addresses and phone number or 
7.32 	numbers of the physician assistant; and
7.33 	(6) is recorded a statement of the type, amount, and frequency of supervision.
7.34 		Subd. 20.Prescribe. "Prescribe" means to direct, order, or designate by means of a 
7.35 	prescription the preparation, use of, or manner of using a drug or medical device.
8.1 		Subd. 21.Prescription. "Prescription" means a signed written order, or an oral 
8.2 	order reduced to writing, or an electronic order meeting current and prevailing standards
8.3 	given by a physician assistant authorized to prescribe drugs for patients in the course 
8.4 	of the physician assistant's practice, issued for an individual patient and containing the 
8.5 	information required in the physician-physician assistant delegation form agreement.
8.6 		Subd. 22.Registration. "Registration" is the process by which the board determines 
8.7 	that an applicant has been found to meet the standards and qualifications found in this 
8.8 	chapter.
8.9 		Subd. 23.Supervising physician. "Supervising physician" means a Minnesota 
8.10 	licensed physician who accepts full medical responsibility for the performance, practice, 
8.11 	and activities of a physician assistant under an agreement as described in section 147A.20. 
8.12 	The supervising physician who completes and signs the delegation agreement may be 
8.13 	referred to as the primary supervising physician. A supervising physician shall not 
8.14 	supervise more than two five full-time equivalent physician assistants simultaneously.  
8.15 	With the approval of the board, or in a disaster or emergency situation pursuant to section 
8.16 	147A.23, a supervising physician may supervise more than five full-time equivalent 
8.17 	physician assistants simultaneously.
8.18 		Subd. 24.Supervision. "Supervision" means overseeing the activities of, and 
8.19 	accepting responsibility for, the medical services rendered by a physician assistant. The 
8.20 	constant physical presence of the supervising physician is not required so long as the 
8.21 	supervising physician and physician assistant are or can be easily in contact with one 
8.22 	another by radio, telephone, or other telecommunication device. The scope and nature of 
8.23 	the supervision shall be defined by the individual physician-physician assistant delegation
8.24 	agreement.
8.25 		Subd. 25.Temporary registration license. "Temporary registration" means the 
8.26 	status of a person who has satisfied the education requirement specified in this chapter; 
8.27 	is enrolled in the next examination required in this chapter; or is awaiting examination 
8.28 	results; has a physician-physician assistant agreement in force as required by this chapter, 
8.29 	and has submitted a practice setting description to the board. Such provisional registration 
8.30 	shall expire 90 days after completion of the next examination sequence, or after one year, 
8.31 	whichever is sooner, for those enrolled in the next examination; and upon receipt of the 
8.32 	examination results for those awaiting examination results. The registration shall be 
8.33 	granted by the board or its designee. "Temporary license" means a license granted to a 
8.34 	physician assistant who meets all of the qualifications for licensure but has not yet been 
8.35 	approved for licensure at a meeting of the board.
9.1 		Subd. 26.Therapeutic order. "Therapeutic order" means an order given to another 
9.2 	for the purpose of treating or curing a patient in the course of a physician assistant's 
9.3 	practice. Therapeutic orders may be written or verbal, but do not include the prescribing 
9.4 	of legend drugs or medical devices unless prescribing authority has been delegated within 
9.5 	the physician-physician assistant delegation agreement.
9.6 		Subd. 27.Verbal order. "Verbal order" means an oral order given to another for 
9.7 	the purpose of treating or curing a patient in the course of a physician assistant's practice. 
9.8 	Verbal orders do not include the prescribing of legend drugs unless prescribing authority 
9.9 	has been delegated within the physician-physician assistant delegation agreement.

9.10 	Sec. 6. Minnesota Statutes 2008, section 147A.02, is amended to read:
9.11 	147A.02 QUALIFICATIONS FOR REGISTRATION LICENSURE.
9.12 	Except as otherwise provided in this chapter, an individual shall be registered
9.13 	licensed by the board before the individual may practice as a physician assistant.
9.14 	The board may grant registration a license as a physician assistant to an applicant 
9.15 	who:
9.16 	(1) submits an application on forms approved by the board;
9.17 	(2) pays the appropriate fee as determined by the board;
9.18 	(3) has current certification from the National Commission on Certification of 
9.19 	Physician Assistants, or its successor agency as approved by the board;
9.20 	(4) certifies that the applicant is mentally and physically able to engage safely in 
9.21 	practice as a physician assistant;
9.22 	(5) has no licensure, certification, or registration as a physician assistant under 
9.23 	current discipline, revocation, suspension, or probation for cause resulting from the 
9.24 	applicant's practice as a physician assistant, unless the board considers the condition 
9.25 	and agrees to licensure;
9.26 	(6) submits any other information the board deems necessary to evaluate the 
9.27 	applicant's qualifications; and
9.28 	(7) has been approved by the board.
9.29 	All persons registered as physician assistants as of June 30, 1995, are eligible for 
9.30 	continuing registration license  renewal. All persons applying for registration licensure
9.31 	after that date shall be registered licensed according to this chapter.

9.32 	Sec. 7. Minnesota Statutes 2008, section 147A.03, is amended to read:
9.33 	147A.03 PROTECTED TITLES AND RESTRICTIONS ON USE.
10.1 		Subdivision 1.Protected titles. No individual may use the titles "Minnesota 
10.2 	Registered Licensed Physician Assistant," "Registered Licensed Physician Assistant," 
10.3 	"Physician Assistant," or "PA" in connection with the individual's name, or any other 
10.4 	words, letters, abbreviations, or insignia indicating or implying that the individual is 
10.5 	registered with licensed by the state unless they have been registered licensed according 
10.6 	to this chapter.
10.7 		Subd. 2.Health care practitioners. Individuals practicing in a health care 
10.8 	occupation are not restricted in the provision of services included in this chapter as long as 
10.9 	they do not hold themselves out as physician assistants by or through the titles provided in 
10.10 	subdivision 1 in association with provision of these services.
10.11 		Subd. 3.Identification of registered practitioners. Physician assistants in 
10.12 	Minnesota shall wear name tags which identify them as physician assistants.
10.13 		Subd. 4.Sanctions. Individuals who hold themselves out as physician assistants by 
10.14 	or through any of the titles provided in subdivision 1 without prior registration licensure
10.15 	shall be subject to sanctions or actions against continuing the activity according to section 
10.16 	214.11, or other authority.  

10.17 	Sec. 8. Minnesota Statutes 2008, section 147A.04, is amended to read:
10.18 	147A.04 TEMPORARY PERMIT LICENSE.
10.19 	The board may issue a temporary permit license to practice to a physician assistant 
10.20 	eligible for registration licensure under this chapter only if the application for registration
10.21 	licensure is complete, all requirements have been met, and a nonrefundable fee set by 
10.22 	the board has been paid. The permit temporary license remains valid only until the 
10.23 	next meeting of the board at which a decision is made on the application for registration
10.24 	licensure.

10.25 	Sec. 9. Minnesota Statutes 2008, section 147A.05, is amended to read:
10.26 	147A.05 INACTIVE REGISTRATION LICENSE.
10.27 	Physician assistants who notify the board in writing on forms prescribed by the board 
10.28 	may elect to place their registrations license on an inactive status. Physician assistants 
10.29 	with an inactive registration license shall be excused from payment of renewal fees and 
10.30 	shall not practice as physician assistants. Persons who engage in practice while their 
10.31 	registrations are license is lapsed or on inactive status shall be considered to be practicing 
10.32 	without registration a license, which shall be grounds for discipline under section 147A.13. 
10.33 	Physician assistants who provide care under the provisions of section 147A.23 shall not 
10.34 	be considered practicing without a license or subject to disciplinary action. Physician 
11.1 	assistants requesting restoration from inactive status who notify the board of their intent to 
11.2 	resume active practice shall be required to pay the current renewal fees and all unpaid back 
11.3 	fees and shall be required to meet the criteria for renewal specified in section 147A.07.  

11.4 	Sec. 10. Minnesota Statutes 2008, section 147A.06, is amended to read:
11.5 	147A.06 CANCELLATION OF REGISTRATION LICENSE FOR 
11.6 	NONRENEWAL.
11.7 	The board shall not renew, reissue, reinstate, or restore a registration license that 
11.8 	has lapsed on or after July 1, 1996, and has not been renewed within two annual renewal 
11.9 	cycles starting July 1, 1997. A registrant licensee whose registration license is canceled 
11.10 	for nonrenewal must obtain a new registration license by applying for registration
11.11 	licensure and fulfilling all requirements then in existence for an initial registration license
11.12 	to practice as a physician assistant.

11.13 	Sec. 11. Minnesota Statutes 2008, section 147A.07, is amended to read:
11.14 	147A.07 RENEWAL.
11.15 	A person who holds a registration license as a physician assistant shall annually, 
11.16 	upon notification from the board, renew the registration license by:
11.17 	(1) submitting the appropriate fee as determined by the board;
11.18 	(2) completing the appropriate forms; and
11.19 	(3) meeting any other requirements of the board;
11.20 	(4) submitting a revised and updated practice setting description showing evidence 
11.21 	of annual review of the physician-physician assistant supervisory agreement.

11.22 	Sec. 12. Minnesota Statutes 2008, section 147A.08, is amended to read:
11.23 	147A.08 EXEMPTIONS.
11.24 	(a) This chapter does not apply to, control, prevent, or restrict the practice, service, 
11.25 	or activities of persons listed in section 147.09, clauses (1) to (6) and (8) to (13), persons 
11.26 	regulated under section 214.01, subdivision 2, or persons defined in section 144.1501, 
11.27 	subdivision 1, paragraphs (f), (h), and (i).
11.28 	(b) Nothing in this chapter shall be construed to require registration licensure of:
11.29 	(1) a physician assistant student enrolled in a physician assistant or surgeon assistant 
11.30 	educational program accredited by the Committee on Allied Health Education and 
11.31 	Accreditation Review Commission on Education for the Physician Assistant or by its 
11.32 	successor agency approved by the board;
12.1 	(2) a physician assistant employed in the service of the federal government while 
12.2 	performing duties incident to that employment; or
12.3 	(3) technicians, other assistants, or employees of physicians who perform delegated 
12.4 	tasks in the office of a physician but who do not identify themselves as a physician 
12.5 	assistant.

12.6 	Sec. 13. Minnesota Statutes 2008, section 147A.09, is amended to read:
12.7 	147A.09 SCOPE OF PRACTICE, DELEGATION.
12.8 		Subdivision 1.Scope of practice. Physician assistants shall practice medicine 
12.9 	only with physician supervision. Physician assistants may perform those duties and 
12.10 	responsibilities as delegated in the physician-physician assistant delegation agreement 
12.11 	and delegation forms maintained at the address of record by the supervising physician 
12.12 	and physician assistant, including the prescribing, administering, and dispensing of drugs, 
12.13 	controlled substances, and medical devices and drugs, excluding anesthetics, other than 
12.14 	local anesthetics, injected in connection with an operating room procedure, inhaled 
12.15 	anesthesia and spinal anesthesia.
12.16 	Patient service must be limited to:
12.17 	(1) services within the training and experience of the physician assistant;
12.18 	(2) services customary to the practice of the supervising physician or alternate 
12.19 	supervising physician;
12.20 	(3) services delegated by the supervising physician or alternate supervising physician 
12.21 	under the physician-physician assistant delegation agreement; and
12.22 	(4) services within the parameters of the laws, rules, and standards of the facilities 
12.23 	in which the physician assistant practices.
12.24 	Nothing in this chapter authorizes physician assistants to perform duties regulated 
12.25 	by the boards listed in section 214.01, subdivision 2, other than the Board of Medical 
12.26 	Practice, and except as provided in this section.  
12.27 		Subd. 2.Delegation. Patient services may include, but are not limited to, the 
12.28 	following, as delegated by the supervising physician and authorized in the delegation
12.29 	agreement:
12.30 	(1) taking patient histories and developing medical status reports;
12.31 	(2) performing physical examinations;
12.32 	(3) interpreting and evaluating patient data;
12.33 	(4) ordering or performing diagnostic procedures, including radiography the use of 
12.34 	radiographic imaging systems in compliance with Minnesota Rules 2007, chapter 4732;
13.1 	(5) ordering or performing therapeutic procedures including the use of ionizing 
13.2 	radiation in compliance with Minnesota Rules 2007, chapter 4732;
13.3 	(6) providing instructions regarding patient care, disease prevention, and health 
13.4 	promotion;
13.5 	(7) assisting the supervising physician in patient care in the home and in health 
13.6 	care facilities;
13.7 	(8) creating and maintaining appropriate patient records;
13.8 	(9) transmitting or executing specific orders at the direction of the supervising 
13.9 	physician;
13.10 	(10) prescribing, administering, and dispensing legend drugs, controlled substances,
13.11 	and medical devices if this function has been delegated by the supervising physician 
13.12 	pursuant to and subject to the limitations of section 147A.18 and chapter 151. For 
13.13 	physician assistants who have been delegated the authority to prescribe controlled 
13.14 	substances shall maintain a separate addendum to the delegation form which lists all 
13.15 	schedules and categories such delegation shall be included in the physician-physician 
13.16 	assistant delegation agreement, and all schedules of controlled substances which the 
13.17 	physician assistant has the authority to prescribe. This addendum shall be maintained with 
13.18 	the physician-physician assistant agreement, and the delegation form at the address of 
13.19 	record shall be specified;  
13.20 	(11) for physician assistants not delegated prescribing authority, administering 
13.21 	legend drugs and medical devices following prospective review for each patient by and 
13.22 	upon direction of the supervising physician;
13.23 	(12) functioning as an emergency medical technician with permission of the 
13.24 	ambulance service and in compliance with section 144E.127, and ambulance service rules 
13.25 	adopted by the commissioner of health;  
13.26 	(13) initiating evaluation and treatment procedures essential to providing an 
13.27 	appropriate response to emergency situations; and
13.28 	(14) certifying a physical disability patient's eligibility for a disability parking 
13.29 	certificate under section 169.345, subdivision 2a 2;
13.30 	(15) assisting at surgery; and
13.31 	(16) providing medical authorization for admission for emergency care and 
13.32 	treatment of a patient under section 253B.05, subdivision 2.  
13.33 	Orders of physician assistants shall be considered the orders of their supervising 
13.34 	physicians in all practice-related activities, including, but not limited to, the ordering of 
13.35 	diagnostic, therapeutic, and other medical services.

14.1 	Sec. 14. Minnesota Statutes 2008, section 147A.11, is amended to read:
14.2 	147A.11 EXCLUSIONS OF LIMITATIONS ON EMPLOYMENT.
14.3 	Nothing in this chapter shall be construed to limit the employment arrangement of a 
14.4 	physician assistant registered licensed under this chapter.

14.5 	Sec. 15. Minnesota Statutes 2008, section 147A.13, is amended to read:
14.6 	147A.13 GROUNDS FOR DISCIPLINARY ACTION.
14.7 		Subdivision 1.Grounds listed. The board may refuse to grant registration licensure
14.8 	or may impose disciplinary action as described in this subdivision against any physician 
14.9 	assistant. The following conduct is prohibited and is grounds for disciplinary action:
14.10 	(1) failure to demonstrate the qualifications or satisfy the requirements for 
14.11 	registration licensure contained in this chapter or rules of the board. The burden of proof 
14.12 	shall be upon the applicant to demonstrate such qualifications or satisfaction of such 
14.13 	requirements;
14.14 	(2) obtaining registration a license by fraud or cheating, or attempting to subvert 
14.15 	the examination process. Conduct which subverts or attempts to subvert the examination 
14.16 	process includes, but is not limited to:
14.17 	(i) conduct which violates the security of the examination materials, such as 
14.18 	removing examination materials from the examination room or having unauthorized 
14.19 	possession of any portion of a future, current, or previously administered licensing 
14.20 	examination;
14.21 	(ii) conduct which violates the standard of test administration, such as 
14.22 	communicating with another examinee during administration of the examination, copying 
14.23 	another examinee's answers, permitting another examinee to copy one's answers, or 
14.24 	possessing unauthorized materials; and
14.25 	(iii) impersonating an examinee or permitting an impersonator to take the 
14.26 	examination on one's own behalf;
14.27 	(3) conviction, during the previous five years, of a felony reasonably related to the 
14.28 	practice of physician assistant. Conviction as used in this subdivision includes a conviction 
14.29 	of an offense which if committed in this state would be deemed a felony without regard to 
14.30 	its designation elsewhere, or a criminal proceeding where a finding or verdict of guilt is 
14.31 	made or returned but the adjudication of guilt is either withheld or not entered;
14.32 	(4) revocation, suspension, restriction, limitation, or other disciplinary action against 
14.33 	the person's physician assistant credentials in another state or jurisdiction, failure to 
14.34 	report to the board that charges regarding the person's credentials have been brought in 
15.1 	another state or jurisdiction, or having been refused registration licensure by any other 
15.2 	state or jurisdiction;
15.3 	(5) advertising which is false or misleading, violates any rule of the board, or claims 
15.4 	without substantiation the positive cure of any disease or professional superiority to or 
15.5 	greater skill than that possessed by another physician assistant;
15.6 	(6) violating a rule adopted by the board or an order of the board, a state, or federal 
15.7 	law which relates to the practice of a physician assistant, or in part regulates the practice 
15.8 	of a physician assistant, including without limitation sections 148A.02, 609.344, and 
15.9 	609.345, or a state or federal narcotics or controlled substance law; 
15.10 	(7) engaging in any unethical conduct; conduct likely to deceive, defraud, or harm 
15.11 	the public, or demonstrating a willful or careless disregard for the health, welfare, or 
15.12 	safety of a patient; or practice which is professionally incompetent, in that it may create 
15.13 	unnecessary danger to any patient's life, health, or safety, in any of which cases, proof 
15.14 	of actual injury need not be established;
15.15 	(8) failure to adhere to the provisions of the physician-physician assistant delegation
15.16 	agreement;
15.17 	(9) engaging in the practice of medicine beyond that allowed by the 
15.18 	physician-physician assistant delegation agreement, including the delegation form or 
15.19 	the addendum to the delegation form, or aiding or abetting an unlicensed person in the 
15.20 	practice of medicine;
15.21 	(10) adjudication as mentally incompetent, mentally ill or developmentally disabled, 
15.22 	or as a chemically dependent person, a person dangerous to the public, a sexually 
15.23 	dangerous person, or a person who has a sexual psychopathic personality by a court of 
15.24 	competent jurisdiction, within or without this state. Such adjudication shall automatically 
15.25 	suspend a registration license for its duration unless the board orders otherwise;
15.26 	(11) engaging in unprofessional conduct. Unprofessional conduct includes any 
15.27 	departure from or the failure to conform to the minimal standards of acceptable and 
15.28 	prevailing practice in which proceeding actual injury to a patient need not be established;
15.29 	(12) inability to practice with reasonable skill and safety to patients by reason of 
15.30 	illness, drunkenness, use of drugs, narcotics, chemicals, or any other type of material, or 
15.31 	as a result of any mental or physical condition, including deterioration through the aging 
15.32 	process or loss of motor skills;
15.33 	(13) revealing a privileged communication from or relating to a patient except when 
15.34 	otherwise required or permitted by law;
16.1 	(14) any use of identification of a physician assistant by the title "Physician," 
16.2 	"Doctor," or "Dr." in a patient care setting or in a communication directed to the general 
16.3 	public;
16.4 	(15) improper management of medical records, including failure to maintain 
16.5 	adequate medical records, to comply with a patient's request made pursuant to sections 
16.6 	144.291 to 144.298, or to furnish a medical record or report required by law; 
16.7 	(16) engaging in abusive or fraudulent billing practices, including violations of the 
16.8 	federal Medicare and Medicaid laws or state medical assistance laws;
16.9 	(17) becoming addicted or habituated to a drug or intoxicant;
16.10 	(18) prescribing a drug or device for other than medically accepted therapeutic, 
16.11 	experimental, or investigative purposes authorized by a state or federal agency or referring 
16.12 	a patient to any health care provider as defined in sections 144.291 to 144.298 for services 
16.13 	or tests not medically indicated at the time of referral; 
16.14 	(19) engaging in conduct with a patient which is sexual or may reasonably be 
16.15 	interpreted by the patient as sexual, or in any verbal behavior which is seductive or 
16.16 	sexually demeaning to a patient;
16.17 	(20) failure to make reports as required by section 147A.14 or to cooperate with an 
16.18 	investigation of the board as required by section 147A.15, subdivision 3; 
16.19 	(21) knowingly providing false or misleading information that is directly related 
16.20 	to the care of that patient unless done for an accepted therapeutic purpose such as the 
16.21 	administration of a placebo;
16.22 	(22) aiding suicide or aiding attempted suicide in violation of section 609.215 as 
16.23 	established by any of the following: 
16.24 	(i) a copy of the record of criminal conviction or plea of guilty for a felony in 
16.25 	violation of section 609.215, subdivision 1 or 2; 
16.26 	(ii) a copy of the record of a judgment of contempt of court for violating an 
16.27 	injunction issued under section 609.215, subdivision 4; 
16.28 	(iii) a copy of the record of a judgment assessing damages under section 609.215, 
16.29 	subdivision 5; or 
16.30 	(iv) a finding by the board that the person violated section 609.215, subdivision 1 or 
16.31 	2. The board shall investigate any complaint of a violation of section 609.215, subdivision 
16.32 	1 or 2; or 
16.33 	(23) failure to maintain annually reviewed and updated physician-physician 
16.34 	assistant delegation agreements, internal protocols, or prescribing delegation forms for 
16.35 	each physician-physician assistant practice relationship, or failure to provide copies of 
16.36 	such documents upon request by the board.
17.1 		Subd. 2.Effective dates, automatic suspension. A suspension, revocation, 
17.2 	condition, limitation, qualification, or restriction of a registration license shall be in effect 
17.3 	pending determination of an appeal unless the court, upon petition and for good cause 
17.4 	shown, orders otherwise.
17.5 	A physician assistant registration license is automatically suspended if:
17.6 	(1) a guardian of a registrant licensee is appointed by order of a court pursuant to 
17.7 	sections 524.5-101 to 524.5-502, for reasons other than the minority of the registrant
17.8 	licensee; or 
17.9 	(2) the registrant licensee is committed by order of a court pursuant to chapter 
17.10 	253B. The registration license remains suspended until the registrant licensee is restored 
17.11 	to capacity by a court and, upon petition by the registrant licensee, the suspension is 
17.12 	terminated by the board after a hearing.
17.13 		Subd. 3.Conditions on reissued registration license. In its discretion, the board 
17.14 	may restore and reissue a physician assistant registration license, but may impose as a 
17.15 	condition any disciplinary or corrective measure which it might originally have imposed.
17.16 		Subd. 4.Temporary suspension of registration license. In addition to any other 
17.17 	remedy provided by law, the board may, without a hearing, temporarily suspend the 
17.18 	registration license of a physician assistant if the board finds that the physician assistant has 
17.19 	violated a statute or rule which the board is empowered to enforce and continued practice 
17.20 	by the physician assistant would create a serious risk of harm to the public. The suspension 
17.21 	shall take effect upon written notice to the physician assistant, specifying the statute or 
17.22 	rule violated. The suspension shall remain in effect until the board issues a final order 
17.23 	in the matter after a hearing. At the time it issues the suspension notice, the board shall 
17.24 	schedule a disciplinary hearing to be held pursuant to the Administrative Procedure Act.
17.25 	The physician assistant shall be provided with at least 20 days' notice of any hearing 
17.26 	held pursuant to this subdivision. The hearing shall be scheduled to begin no later than 30 
17.27 	days after the issuance of the suspension order.
17.28 		Subd. 5.Evidence. In disciplinary actions alleging a violation of subdivision 
17.29 	1, clause (3) or (4), a copy of the judgment or proceeding under the seal of the court 
17.30 	administrator or of the administrative agency which entered it shall be admissible into 
17.31 	evidence without further authentication and shall constitute prima facie evidence of the 
17.32 	contents thereof.
17.33 		Subd. 6.Mental examination; access to medical data. (a) If the board has 
17.34 	probable cause to believe that a physician assistant comes under subdivision 1, clause 
17.35 	(1), it may direct the physician assistant to submit to a mental or physical examination. 
17.36 	For the purpose of this subdivision, every physician assistant registered licensed under 
18.1 	this chapter is deemed to have consented to submit to a mental or physical examination 
18.2 	when directed in writing by the board and further to have waived all objections to the 
18.3 	admissibility of the examining physicians' testimony or examination reports on the ground 
18.4 	that the same constitute a privileged communication. Failure of a physician assistant to 
18.5 	submit to an examination when directed constitutes an admission of the allegations against 
18.6 	the physician assistant, unless the failure was due to circumstance beyond the physician 
18.7 	assistant's control, in which case a default and final order may be entered without the 
18.8 	taking of testimony or presentation of evidence. A physician assistant affected under this 
18.9 	subdivision shall at reasonable intervals be given an opportunity to demonstrate that 
18.10 	the physician assistant can resume competent practice with reasonable skill and safety 
18.11 	to patients. In any proceeding under this subdivision, neither the record of proceedings 
18.12 	nor the orders entered by the board shall be used against a physician assistant in any 
18.13 	other proceeding.
18.14 	(b) In addition to ordering a physical or mental examination, the board may, 
18.15 	notwithstanding sections 13.384, 144.651, or any other law limiting access to medical or 
18.16 	other health data, obtain medical data and health records relating to a registrant licensee or 
18.17 	applicant without the registrant's licensee's or applicant's consent if the board has probable 
18.18 	cause to believe that a physician assistant comes under subdivision 1, clause (1). 
18.19 	The medical data may be requested from a provider, as defined in section 144.291, 
18.20 	subdivision 2, paragraph (h), an insurance company, or a government agency, including 
18.21 	the Department of Human Services. A provider, insurance company, or government 
18.22 	agency shall comply with any written request of the board under this subdivision and is not 
18.23 	liable in any action for damages for releasing the data requested by the board if the data 
18.24 	are released pursuant to a written request under this subdivision, unless the information 
18.25 	is false and the provider giving the information knew, or had reason to believe, the 
18.26 	information was false. Information obtained under this subdivision is classified as private 
18.27 	under chapter 13. 
18.28 		Subd. 7.Tax clearance certificate. (a) In addition to the provisions of subdivision 
18.29 	1, the board may not issue or renew a registration license if the commissioner of revenue 
18.30 	notifies the board and the registrant licensee or applicant for registration licensure that the 
18.31 	registrant licensee or applicant owes the state delinquent taxes in the amount of $500 or 
18.32 	more. The board may issue or renew the registration license only if:
18.33 	(1) the commissioner of revenue issues a tax clearance certificate; and
18.34 	(2) the commissioner of revenue, the registrant licensee, or the applicant forwards a 
18.35 	copy of the clearance to the board.
19.1 	The commissioner of revenue may issue a clearance certificate only if the registrant
19.2 	licensee or applicant does not owe the state any uncontested delinquent taxes.
19.3 	(b) For purposes of this subdivision, the following terms have the meanings given:
19.4 	(1) "Taxes" are all taxes payable to the commissioner of revenue, including penalties 
19.5 	and interest due on those taxes, and
19.6 	(2) "Delinquent taxes" do not include a tax liability if:
19.7 	(i) an administrative or court action that contests the amount or validity of the 
19.8 	liability has been filed or served;
19.9 	(ii) the appeal period to contest the tax liability has not expired; or
19.10 	(iii) the licensee or applicant has entered into a payment agreement to pay the 
19.11 	liability and is current with the payments.
19.12 	(c) When a registrant licensee or applicant is required to obtain a clearance certificate 
19.13 	under this subdivision, a contested case hearing must be held if the registrant licensee or 
19.14 	applicant requests a hearing in writing to the commissioner of revenue within 30 days of 
19.15 	the date of the notice provided in paragraph (a). The hearing must be held within 45 days 
19.16 	of the date the commissioner of revenue refers the case to the Office of Administrative 
19.17 	Hearings. Notwithstanding any law to the contrary, the licensee or applicant must be 
19.18 	served with 20 days' notice in writing specifying the time and place of the hearing and 
19.19 	the allegations against the registrant or applicant. The notice may be served personally or 
19.20 	by mail.
19.21 	(d) The board shall require all registrants licensees or applicants to provide their 
19.22 	Social Security number and Minnesota business identification number on all registration
19.23 	license applications. Upon request of the commissioner of revenue, the board must 
19.24 	provide to the commissioner of revenue a list of all registrants licensees and applicants, 
19.25 	including their names and addresses, Social Security numbers, and business identification 
19.26 	numbers. The commissioner of revenue may request a list of the registrants licensees and 
19.27 	applicants no more than once each calendar year.
19.28 		Subd. 8.Limitation. No board proceeding against a licensee shall be instituted 
19.29 	unless commenced within seven years from the date of commission of some portion of the 
19.30 	offense except for alleged violations of subdivision 1, paragraph (19), or subdivision 7.

19.31 	Sec. 16. Minnesota Statutes 2008, section 147A.16, is amended to read:
19.32 	147A.16 FORMS OF DISCIPLINARY ACTION.
19.33 	When the board finds that a registered licensed physician assistant has violated a 
19.34 	provision of this chapter, it may do one or more of the following:
19.35 	(1) revoke the registration license;
20.1 	(2) suspend the registration license;
20.2 	(3) impose limitations or conditions on the physician assistant's practice, including 
20.3 	limiting the scope of practice to designated field specialties; impose retraining or 
20.4 	rehabilitation requirements; require practice under additional supervision; or condition 
20.5 	continued practice on demonstration of knowledge or skills by appropriate examination 
20.6 	or other review of skill and competence;
20.7 	(4) impose a civil penalty not exceeding $10,000 for each separate violation, the 
20.8 	amount of the civil penalty to be fixed so as to deprive the physician assistant of any 
20.9 	economic advantage gained by reason of the violation charged or to reimburse the board 
20.10 	for the cost of the investigation and proceeding;
20.11 	(5) order the physician assistant to provide unremunerated professional service 
20.12 	under supervision at a designated public hospital, clinic, or other health care institution; or
20.13 	(6) censure or reprimand the registered licensed physician assistant.
20.14 	Upon judicial review of any board disciplinary action taken under this chapter, the 
20.15 	reviewing court shall seal the administrative record, except for the board's final decision, 
20.16 	and shall not make the administrative record available to the public.

20.17 	Sec. 17. Minnesota Statutes 2008, section 147A.18, is amended to read:
20.18 	147A.18 DELEGATED AUTHORITY TO PRESCRIBE, DISPENSE, AND 
20.19 	ADMINISTER DRUGS AND MEDICAL DEVICES.
20.20 		Subdivision 1.Delegation. (a) A supervising physician may delegate to a 
20.21 	physician assistant who is registered with licensed by the board, certified by the National 
20.22 	Commission on Certification of Physician Assistants or successor agency approved by the 
20.23 	board, and who is under the supervising physician's supervision, the authority to prescribe, 
20.24 	dispense, and administer legend drugs, medical devices, and controlled substances, and 
20.25 	medical devices subject to the requirements in this section. The authority to dispense 
20.26 	includes, but is not limited to, the authority to request, receive, and dispense sample drugs. 
20.27 	This authority to dispense extends only to those drugs described in the written agreement 
20.28 	developed under paragraph (b).
20.29 	(b) The delegation agreement between the physician assistant and supervising 
20.30 	physician and any alternate supervising physicians must include a statement by the 
20.31 	supervising physician regarding delegation or nondelegation of the functions of 
20.32 	prescribing, dispensing, and administering of legend drugs, controlled substances,  and 
20.33 	medical devices to the physician assistant. The statement must include a protocol 
20.34 	indicating categories of drugs for which the supervising physician delegates prescriptive 
20.35 	and dispensing authority including controlled substances when applicable. The delegation 
21.1 	must be appropriate to the physician assistant's practice and within the scope of the 
21.2 	physician assistant's training. Physician assistants who have been delegated the authority 
21.3 	to prescribe, dispense, and administer legend drugs, controlled substances, and medical 
21.4 	devices shall provide evidence of current certification by the National Commission 
21.5 	on Certification of Physician Assistants or its successor agency when registering or 
21.6 	reregistering applying for licensure or license renewal as physician assistants. Physician 
21.7 	assistants who have been delegated the authority to prescribe controlled substances must 
21.8 	present evidence of the certification andalso hold a valid DEA certificate registration. 
21.9 	Supervising physicians shall retrospectively review the prescribing, dispensing, and 
21.10 	administering of legend and controlled drugs, controlled substances, and medical devices 
21.11 	by physician assistants, when this authority has been delegated to the physician assistant as 
21.12 	part of the physician-physician assistant delegation agreement between the physician and 
21.13 	the physician assistant. This review must take place as outlined in the internal protocol. 
21.14 	The process and schedule for the review must be outlined in the physician-physician 
21.15 	assistant delegation agreement.
21.16 	(c) The board may establish by rule:
21.17 	(1) a system of identifying physician assistants eligible to prescribe, administer, and 
21.18 	dispense legend drugs and medical devices;
21.19 	(2) a system of identifying physician assistants eligible to prescribe, administer, and 
21.20 	dispense controlled substances;
21.21 	(3) a method of determining the categories of legend and controlled drugs, controlled 
21.22 	substances, and medical devices that each physician assistant is allowed to prescribe, 
21.23 	administer, and dispense; and
21.24 	(4) a system of transmitting to pharmacies a listing of physician assistants eligible to 
21.25 	prescribe legend and controlled drugs, controlled substances, and medical devices.
21.26 		Subd. 2.Termination and reinstatement of prescribing authority. (a) The 
21.27 	authority of a physician assistant to prescribe, dispense, and administer legend drugs, 
21.28 	controlled substances, and medical devices shall end immediately when:
21.29 	(1) the physician-physician assistant delegation agreement is terminated;
21.30 	(2) the authority to prescribe, dispense, and administer is terminated or withdrawn 
21.31 	by the supervising physician; or
21.32 	(3) the physician assistant reverts toassistant's license is placed on  inactive status, 
21.33 	loses National Commission on Certification of Physician Assistants or successor agency 
21.34 	certification, or loses or terminates registration status;
21.35 	(4) the physician assistant loses National Commission on Certification of Physician 
21.36 	Assistants or successor agency certification; or
22.1 	(5) the physician assistant loses or terminates licensure status.
22.2 	(b) The physician assistant must notify the board in writing within ten days of the 
22.3 	occurrence of any of the circumstances listed in paragraph (a).
22.4 	(c) Physician assistants whose authority to prescribe, dispense, and administer 
22.5 	has been terminated shall reapply for reinstatement of prescribing authority under this 
22.6 	section and meet any requirements established by the board prior to reinstatement of the 
22.7 	prescribing, dispensing, and administering authority.
22.8 		Subd. 3.Other requirements and restrictions. (a) The supervising physician and 
22.9 	the physician assistant must complete, sign, and date an internal protocol which lists each 
22.10 	category of drug or medical device, or controlled substance the physician assistant may 
22.11 	prescribe, dispense, and administer. The supervising physician and physician assistant 
22.12 	shall submit the internal protocol to the board upon request. The supervising physician 
22.13 	may amend the internal protocol as necessary, within the limits of the completed delegation 
22.14 	form in subdivision 5. The supervising physician and physician assistant must sign and 
22.15 	date any amendments to the internal protocol. Any amendments resulting in a change to 
22.16 	an addition or deletion to categories delegated in the delegation form in subdivision 5 must 
22.17 	be submitted to the board according to this chapter, along with the fee required.
22.18 	(b) The supervising physician and physician assistant shall review delegation of 
22.19 	prescribing, dispensing, and administering authority on an annual basis at the time of 
22.20 	reregistration. The internal protocol must be signed and dated by the supervising physician 
22.21 	and physician assistant after review. Any amendments to the internal protocol resulting in 
22.22 	changes to the delegation form in subdivision 5 must be submitted to the board according 
22.23 	to this chapter, along with the fee required.
22.24 	(c)(a) Each prescription initiated by a physician assistant shall indicate the 
22.25 	following:
22.26 	(1) the date of issue;
22.27 	(2) the name and address of the patient;
22.28 	(3) the name and quantity of the drug prescribed;
22.29 	(4) directions for use; and
22.30 	(5) the name and address of the prescribing physician assistant.
22.31 	(d) (b) In prescribing, dispensing, and administering legend drugs, controlled 
22.32 	substances, and medical devices, including controlled substances as defined in section 
22.33 	152.01, subdivision 4, a physician assistant must conform with the agreement, chapter 
22.34 	151, and this chapter.
22.35 		Subd. 4.Notification of pharmacies. (a) The board shall annually provide to the 
22.36 	Board of Pharmacy and to registered pharmacies within the state a list of those physician 
23.1 	assistants who are authorized to prescribe, administer, and dispense legend drugs and 
23.2 	medical devices, or controlled substances.
23.3 	(b) The board shall provide to the Board of Pharmacy a list of physician assistants 
23.4 	authorized to prescribe legend drugs and medical devices every two months if additional 
23.5 	physician assistants are authorized to prescribe or if physician assistants have authorization 
23.6 	to prescribe withdrawn.
23.7 	(c) The list must include the name, address, telephone number, and Minnesota 
23.8 	registration number of the physician assistant, and the name, address, telephone number, 
23.9 	and Minnesota license number of the supervising physician.
23.10 	(d) The board shall provide the form in subdivision 5 to pharmacies upon request.
23.11 	(e) The board shall make available prototype forms of the physician-physician 
23.12 	assistant agreement, the internal protocol, the delegation form, and the addendum form.
23.13 		Subd. 5.Delegation form for physician assistant prescribing. The delegation 
23.14 	form for physician assistant prescribing must contain a listing by drug category of the 
23.15 	legend drugs and controlled substances for which prescribing authority has been delegated 
23.16 	to the physician assistant.

23.17 	Sec. 18. Minnesota Statutes 2008, section 147A.19, is amended to read:
23.18 	147A.19 IDENTIFICATION REQUIREMENTS.
23.19 	Physician assistants registered licensed under this chapter shall keep their 
23.20 	registration license available for inspection at their primary place of business and shall, 
23.21 	when engaged in their professional activities, wear a name tag identifying themselves as 
23.22 	a "physician assistant."

23.23 	Sec. 19. Minnesota Statutes 2008, section 147A.20, is amended to read:
23.24 	147A.20 PHYSICIAN AND PHYSICIAN PHYSICIAN-PHYSICIAN
23.25 	ASSISTANT AGREEMENT DOCUMENTS.
23.26 		Subdivision 1.Physician-physician assistant delegation agreement. (a) A 
23.27 	physician assistant and supervising physician must sign an a physician-physician assistant 
23.28 	delegation agreement which specifies scope of practice and amount and manner of 
23.29 	supervision as required by the board. The agreement must contain:
23.30 	(1) a description of the practice setting;
23.31 	(2) a statement of practice type/specialty;
23.32 	(3) a listing of categories of delegated duties;
23.33 	(4) (3) a description of supervision type, amount, and frequency; and
24.1 	(5) (4) a description of the process and schedule for review of prescribing, 
24.2 	dispensing, and administering legend and controlled drugs and medical devices by the 
24.3 	physician assistant authorized to prescribe.
24.4 	(b) The agreement must be maintained by the supervising physician and physician 
24.5 	assistant and made available to the board upon request. If there is a delegation of 
24.6 	prescribing, administering, and dispensing of legend drugs, controlled substances, and 
24.7 	medical devices, the agreement shall include an internal protocol and delegation form a 
24.8 	description of the prescriptive authority delegated to the physician assistant. Physician 
24.9 	assistants shall have a separate agreement for each place of employment. Agreements 
24.10 	must be reviewed and updated on an annual basis. The supervising physician and 
24.11 	physician assistant must maintain the physician-physician assistant delegation agreement, 
24.12 	delegation form, and internal protocol at the address of record. Copies shall be provided to 
24.13 	the board upon request.
24.14 	(c) Physician assistants must provide written notification to the board within 30 
24.15 	days of the following:
24.16 	(1) name change;
24.17 	(2) address of record change; and
24.18 	(3) telephone number of record change; and
24.19 	(4) addition or deletion of alternate supervising physician provided that the 
24.20 	information submitted includes, for an additional alternate physician, an affidavit of 
24.21 	consent to act as an alternate supervising physician signed by the alternate supervising 
24.22 	physician.
24.23 	(d) Modifications requiring submission prior to the effective date are changes to the 
24.24 	practice setting description which include:
24.25 	(1) supervising physician change, excluding alternate supervising physicians; or
24.26 	(2) delegation of prescribing, administering, or dispensing of legend drugs, 
24.27 	controlled substances, or medical devices.
24.28 	(e) The agreement must be completed and the practice setting description submitted 
24.29 	to the board before providing medical care as a physician assistant.
24.30 	(d) Any alternate supervising physicians must be identified in the physician-physician 
24.31 	assistant delegation agreement, or a supplemental listing, and must sign the agreement 
24.32 	attesting that they shall provide the physician assistant with supervision in compliance 
24.33 	with this chapter, the delegation agreement, and board rules.
24.34 		Subd. 2.Notification of intent to practice. A licensed physician assistant shall 
24.35 	submit a notification of intent to practice to the board prior to beginning practice. The 
24.36 	notification shall include the name, business address, and telephone number of the 
25.1 	supervising physician and the physician assistant. Individuals who practice without 
25.2 	submitting a notification of intent to practice shall be subject to disciplinary action under 
25.3 	section 147A.13 for practicing without a license, unless the care is provided in response to 
25.4 	a disaster or emergency situation pursuant to section 147A.23.

25.5 	Sec. 20. Minnesota Statutes 2008, section 147A.21, is amended to read:
25.6 	147A.21 RULEMAKING AUTHORITY.
25.7 	The board shall adopt rules:
25.8 	(1) setting registration license fees;
25.9 	(2) setting renewal fees;
25.10 	(3) setting fees for locum tenens permits;
25.11 	(4) setting fees for temporary registration licenses; and
25.12 	(5) (4) establishing renewal dates.

25.13 	Sec. 21. Minnesota Statutes 2008, section 147A.23, is amended to read:
25.14 	147A.23 RESPONDING TO DISASTER SITUATIONS.
25.15 	(a) A registered physician assistant or a physician assistant duly licensed or 
25.16 	credentialed in a United States jurisdiction or by a federal employer who is responding 
25.17 	to a need for medical care created by an emergency according to section 604A.01, or a 
25.18 	state or local disaster may render such care as the physician assistant is able trained to 
25.19 	provide, under the physician assistant's license, registration, or credential, without the 
25.20 	need of a physician and physician physician-physician assistant delegation agreement or 
25.21 	a notice of intent to practice as required under section 147A.20. Physician supervision, 
25.22 	as required under section 147A.09, must be provided under the direction of a physician 
25.23 	licensed under chapter 147 who is involved with the disaster response. The physician 
25.24 	assistant must establish a temporary supervisory agreement with the physician providing 
25.25 	supervision before rendering care.A physician assistant may provide emergency care 
25.26 	without physician supervision or under the supervision that is available.
25.27 	(b) The physician who provides supervision to a physician assistant while the 
25.28 	physician assistant is rendering care in a disaster in accordance with this section may do 
25.29 	so without meeting the requirements of section 147A.20.  
25.30 	(c) The supervising physician who otherwise provides supervision to a physician 
25.31 	assistant under a physician and physician physician-physician assistant delegation
25.32 	agreement described in section 147A.20 shall not be held medically responsible for the 
25.33 	care rendered by a physician assistant pursuant to paragraph (a). Services provided by 
26.1 	a physician assistant under paragraph (a) shall be considered outside the scope of the 
26.2 	relationship between the supervising physician and the physician assistant.  

26.3 	Sec. 22. Minnesota Statutes 2008, section 147A.24, is amended to read:
26.4 	147A.24 CONTINUING EDUCATION REQUIREMENTS.
26.5 		Subdivision 1.Amount of education required. Applicants for registration license
26.6 	renewal or reregistration must either meet standards for continuing education through 
26.7 	current certification by the National Commission on Certification of Physician Assistants, 
26.8 	or its successor agency as approved by the board, orattest to and documentprovide 
26.9 	evidence of successful completion of at least 50 contact hours of continuing education 
26.10 	within the two years immediately preceding registration license renewal, reregistration, 
26.11 	or attest to and document taking the national certifying examination required by this 
26.12 	chapter within the past two years.
26.13 		Subd. 2.Type of education required. Approved Continuing education is approved 
26.14 	if it is equivalent to category 1 credit hours as defined by the American Osteopathic 
26.15 	Association Bureau of Professional Education, the Royal College of Physicians and 
26.16 	Surgeons of Canada, the American Academy of Physician Assistants, or by organizations 
26.17 	that have reciprocal arrangements with the physician recognition award program of the 
26.18 	American Medical Association.

26.19 	Sec. 23. Minnesota Statutes 2008, section 147A.26, is amended to read:
26.20 	147A.26 PROCEDURES.
26.21 	The board shall establish, in writing, internal operating procedures for receiving and 
26.22 	investigating complaints, accepting and processing applications, granting registrations
26.23 	licenses, and imposing enforcement actions. The written internal operating procedures 
26.24 	may include procedures for sharing complaint information with government agencies in 
26.25 	this and other states. Procedures for sharing complaint information must be consistent 
26.26 	with the requirements for handling government data under chapter 13.

26.27 	Sec. 24. Minnesota Statutes 2008, section 147A.27, is amended to read:
26.28 	147A.27 PHYSICIAN ASSISTANT ADVISORY COUNCIL.
26.29 		Subdivision 1.Membership. (a) The Physician Assistant Advisory Council is 
26.30 	created and is composed of seven persons appointed by the board. The seven persons 
26.31 	must include:
26.32 	(1) two public members, as defined in section 214.02;  
27.1 	(2) three physician assistants registered licensed under this chapter who meet the 
27.2 	criteria for a new applicant under section 147A.02; and
27.3 	(3) two licensed physicians with experience supervising physician assistants.
27.4 	(b) No member shall serve more than a total of two consecutive  terms. If a member 
27.5 	is appointed for a partial term and serves more than half of that term it shall be considered 
27.6 	a full term. Members serving on the council as of July 1, 2000, shall be allowed to 
27.7 	complete their current terms.
27.8 		Subd. 2.Organization. The council shall be organized and administered under 
27.9 	section 15.059.
27.10 		Subd. 3.Duties. The council shall advise the board regarding:
27.11 	(1) physician assistant registration licensure standards;
27.12 	(2) enforcement of grounds for discipline;
27.13 	(3) distribution of information regarding physician assistant registration licensure
27.14 	standards;
27.15 	(4) applications and recommendations of applicants for registration licensure or 
27.16 	registration license renewal; and
27.17 	(5) complaints and recommendations to the board regarding disciplinary matters and 
27.18 	proceedings concerning applicants and registrants licensees according to sections 214.10; 
27.19 	214.103; and 214.13, subdivisions 6 and 7; and
27.20 	(6) issues related to physician assistant practice and regulation.  
27.21 	The council shall perform other duties authorized for the council by chapter 214 
27.22 	as directed by the board.

27.23 	Sec. 25. Minnesota Statutes 2008, section 169.345, subdivision 2, is amended to read:
27.24 		Subd. 2.Definitions. (a) For the purpose of section 168.021 and this section, the 
27.25 	following terms have the meanings given them in this subdivision.
27.26 	(b) "Health professional" means a licensed physician, registered licensed physician 
27.27 	assistant, advanced practice registered nurse, or licensed chiropractor.
27.28 	(c) "Long-term certificate" means a certificate issued for a period greater than 12 
27.29 	months but not greater than 71 months.
27.30 	(d) "Organization certificate" means a certificate issued to an entity other than a 
27.31 	natural person for a period of three years.
27.32 	(e) "Permit" refers to a permit that is issued for a period of 30 days, in lieu of the 
27.33 	certificate referred to in subdivision 3, while the application is being processed.
27.34 	(f) "Physically disabled person" means a person who:
27.35 	(1) because of disability cannot walk without significant risk of falling;
28.1 	(2) because of disability cannot walk 200 feet without stopping to rest;
28.2 	(3) because of disability cannot walk without the aid of another person, a walker, a 
28.3 	cane, crutches, braces, a prosthetic device, or a wheelchair;
28.4 	(4) is restricted by a respiratory disease to such an extent that the person's forced 
28.5 	(respiratory) expiratory volume for one second, when measured by spirometry, is less 
28.6 	than one liter;
28.7 	(5) has an arterial oxygen tension (PAO2) of less than 60 mm/Hg on room air at rest;
28.8 	(6) uses portable oxygen;
28.9 	(7) has a cardiac condition to the extent that the person's functional limitations are 
28.10 	classified in severity as class III or class IV according to standards set by the American 
28.11 	Heart Association;
28.12 	(8) has lost an arm or a leg and does not have or cannot use an artificial limb; or
28.13 	(9) has a disability that would be aggravated by walking 200 feet under normal 
28.14 	environmental conditions to an extent that would be life threatening.
28.15 	(g) "Short-term certificate" means a certificate issued for a period greater than six 
28.16 	months but not greater than 12 months.
28.17 	(h) "Six-year certificate" means a certificate issued for a period of six years.
28.18 	(i) "Temporary certificate" means a certificate issued for a period not greater than 
28.19 	six months.

28.20 	Sec. 26. Minnesota Statutes 2008, section 253B.02, subdivision 7, is amended to read:
28.21 		Subd. 7.Examiner. "Examiner" means a person who is knowledgeable, trained, and 
28.22 	practicing in the diagnosis and assessment or in the treatment of the alleged impairment, 
28.23 	and who is:
28.24 	(1) a licensed physician;
28.25 	(2) a licensed psychologist who has a doctoral degree in psychology or who became 
28.26 	a licensed consulting psychologist before July 2, 1975; or
28.27 	(3) an advanced practice registered nurse certified in mental health or a licensed 
28.28 	physician assistant, except that only a physician or psychologist meeting these 
28.29 	requirements may be appointed by the court as described by sections 253B.07, subdivision 
28.30 	3; 253B.092, subdivision 8, paragraph (b); 253B.17, subdivision 3; 253B.18, subdivision 
28.31 	2; and 253B.19, subdivisions 1 and 2, and only a physician or psychologist may conduct 
28.32 	an assessment as described by Minnesota Rules of Criminal Procedure, rule 20.

28.33 	Sec. 27. Minnesota Statutes 2008, section 253B.05, subdivision 2, is amended to read:
29.1 		Subd. 2.Peace or health officer authority. (a) A peace or health officer may take a 
29.2 	person into custody and transport the person to a licensed physician or treatment facility if 
29.3 	the officer has reason to believe, either through direct observation of the person's behavior, 
29.4 	or upon reliable information of the person's recent behavior and knowledge of the person's 
29.5 	past behavior or psychiatric treatment, that the person is mentally ill or developmentally 
29.6 	disabled and in danger of injuring self or others if not immediately detained. A peace or 
29.7 	health officer or a person working under such officer's supervision, may take a person 
29.8 	who is believed to be chemically dependent or is intoxicated in public into custody and 
29.9 	transport the person to a treatment facility. If the person is intoxicated in public or is 
29.10 	believed to be chemically dependent and is not in danger of causing self-harm or harm to 
29.11 	any person or property, the peace or health officer may transport the person home. The 
29.12 	peace or health officer shall make written application for admission of the person to the 
29.13 	treatment facility. The application shall contain the peace or health officer's statement 
29.14 	specifying the reasons for and circumstances under which the person was taken into 
29.15 	custody. If danger to specific individuals is a basis for the emergency hold, the statement 
29.16 	must include identifying information on those individuals, to the extent practicable. A 
29.17 	copy of the statement shall be made available to the person taken into custody.
29.18 	(b) As far as is practicable, a peace officer who provides transportation for a person 
29.19 	placed in a facility under this subdivision may not be in uniform and may not use a vehicle 
29.20 	visibly marked as a law enforcement vehicle.
29.21 	(c) A person may be admitted to a treatment facility for emergency care and 
29.22 	treatment under this subdivision with the consent of the head of the facility under the 
29.23 	following circumstances: (1) a written statement shall only be made by the following 
29.24 	individuals who are knowledgeable, trained, and practicing in the diagnosis and treatment 
29.25 	of mental illness or developmental disability; the medical officer, or the officer's designee 
29.26 	on duty at the facility, including a licensed physician, a registered licensed physician 
29.27 	assistant, or an advanced practice registered nurse who after preliminary examination has 
29.28 	determined that the person has symptoms of mental illness or developmental disability 
29.29 	and appears to be in danger of harming self or others if not immediately detained; or (2) a 
29.30 	written statement is made by the institution program director or the director's designee 
29.31 	on duty at the facility after preliminary examination that the person has symptoms 
29.32 	of chemical dependency and appears to be in danger of harming self or others if not 
29.33 	immediately detained or is intoxicated in public.

29.34 	Sec. 28. Minnesota Statutes 2008, section 256B.0625, subdivision 28a, is amended to 
29.35 	read:
30.1 		Subd. 28a.Registered Licensed physician assistant services. Medical assistance 
30.2 	covers services performed by a registered licensed physician assistant if the service is 
30.3 	otherwise covered under this chapter as a physician service and if the service is within the 
30.4 	scope of practice of a registered licensed physician assistant as defined in section 147A.09. 

30.5 	Sec. 29. Minnesota Statutes 2008, section 256B.0751, subdivision 1, is amended to 
30.6 	read:
30.7 		Subdivision 1.Definitions. (a) For purposes of sections 256B.0751 to 256B.0753, 
30.8 	the following definitions apply.
30.9 	(b) "Commissioner" means the commissioner of human services.
30.10 	(c) "Commissioners" means the commissioner of humans services and the 
30.11 	commissioner of health, acting jointly.
30.12 	(d) "Health plan company" has the meaning provided in section 62Q.01, subdivision 
30.13 	4.
30.14 	(e) "Personal clinician" means a physician licensed under chapter 147, a physician 
30.15 	assistant registered licensed and practicing under chapter 147A, or an advanced practice 
30.16 	nurse licensed and registered to practice under chapter 148.
30.17 	(f) "State health care program" means the medical assistance, MinnesotaCare, and 
30.18 	general assistance medical care programs.

30.19 	Sec. 30.  REPEALER.
 30.20 	Minnesota Statutes 2008, section 147A.22, is repealed.

30.21 	Sec. 31. EFFECTIVE DATE.
 30.22 	Sections 1 to 30 are effective July 1, 2009.