HF 1840

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to physician assistants; modifying physician
review; modifying information contained on
prescriptions; amending Minnesota Statutes 2004,
section 147A.18, subdivisions 1, 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 147A.18,
subdivision 1, is amended to read:

Subdivision 1.

Delegation.

(a) A supervising physician
may delegate to a physician assistant who is registered with the
board, certified by the National Commission on Certification of
Physician Assistants or successor agency approved by the board,
and who is under the supervising physician's supervision, the
authority to prescribe, dispense, and administer legend drugs,
medical devices, and controlled substances subject to the
requirements in this section. The authority to dispense
includes, but is not limited to, the authority to request,
receive, and dispense sample drugs. This authority to dispense
extends only to those drugs described in the written agreement
developed under paragraph (b).

(b) The agreement between the physician assistant and
supervising physician and any alternate supervising physicians
must include a statement by the supervising physician regarding
delegation or nondelegation of the functions of prescribing,
dispensing, and administering of legend drugs and medical
devices to the physician assistant. The statement must include
a protocol indicating categories of drugs for which the
supervising physician delegates prescriptive and dispensing
authority. The delegation must be appropriate to the physician
assistant's practice and within the scope of the physician
assistant's training. Physician assistants who have been
delegated the authority to prescribe, dispense, and administer
legend drugs and medical devices shall provide evidence of
current certification by the National Commission on
Certification of Physician Assistants or its successor agency
when registering or reregistering as physician assistants.
Physician assistants who have been delegated the authority to
prescribe controlled substances must present evidence of the
certification and hold a valid DEA certificate. Supervising
physicians shall retrospectively review the prescribing,
dispensing, and administering of legend and controlled drugs and
medical devices by physician assistants, when this authority has
been delegated to the physician assistant as part of the
delegation agreement between the physician and the physician
assistant. This review must take place deleted text begin at least weekly deleted text end new text begin as
outlined in the internal protocol new text end . The process and schedule for
the review must be outlined in the delegation agreement.

(c) The board may establish by rule:

(1) a system of identifying physician assistants eligible
to prescribe, administer, and dispense legend drugs and medical
devices;

(2) a system of identifying physician assistants eligible
to prescribe, administer, and dispense controlled substances;

(3) a method of determining the categories of legend and
controlled drugs and medical devices that each physician
assistant is allowed to prescribe, administer, and dispense; and

(4) a system of transmitting to pharmacies a listing of
physician assistants eligible to prescribe legend and controlled
drugs and medical devices.

Sec. 2.

Minnesota Statutes 2004, section 147A.18,
subdivision 3, is amended to read:

Subd. 3.

Other requirements and restrictions.

(a) The
supervising physician and the physician assistant must complete,
sign, and date an internal protocol which lists each category of
drug or medical device, or controlled substance the physician
assistant may prescribe, dispense, and administer. The
supervising physician and physician assistant shall submit the
internal protocol to the board upon request. The supervising
physician may amend the internal protocol as necessary, within
the limits of the completed delegation form in subdivision 5.
The supervising physician and physician assistant must sign and
date any amendments to the internal protocol. Any amendments
resulting in a change to an addition or deletion to categories
delegated in the delegation form in subdivision 5 must be
submitted to the board according to this chapter, along with the
fee required.

(b) The supervising physician and physician assistant shall
review delegation of prescribing, dispensing, and administering
authority on an annual basis at the time of reregistration. The
internal protocol must be signed and dated by the supervising
physician and physician assistant after review. Any amendments
to the internal protocol resulting in changes to the delegation
form in subdivision 5 must be submitted to the board according
to this chapter, along with the fee required.

(c) Each prescription initiated by a physician assistant
shall indicate the following:

(1) the date of issue;

(2) the name and address of the patient;

(3) the name and quantity of the drug prescribed;

(4) directions for use; and

(5) the name deleted text begin , deleted text end new text begin and new text end address deleted text begin , and telephone number deleted text end of the
prescribing physician assistant deleted text begin and of the physician serving as
supervisor deleted text end .

(d) In prescribing, dispensing, and administering legend
drugs and medical devices, including controlled substances as
defined in section 152.01, subdivision 4, a physician assistant
must conform with the agreement, chapter 151, and this chapter.