as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to health; expanding authority of physician 1.3 assistants; directing the commissioner of health to 1.4 amend certain rules; amending Minnesota Statutes 2002, 1.5 sections 147A.09, subdivision 2; 169.345, subdivision 1.6 2a; 253B.02, subdivision 7. 1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8 Section 1. Minnesota Statutes 2002, section 147A.09, 1.9 subdivision 2, is amended to read: 1.10 Subd. 2. [DELEGATION.] Patient services may include, but 1.11 are not limited to, the following, as delegated by the 1.12 supervising physician and authorized in the agreement: 1.13 (1) taking patient histories and developing medical status 1.14 reports; 1.15 (2) performing physical examinations; 1.16 (3) interpreting and evaluating patient data; 1.17 (4) ordering or performing diagnostic procedures; 1.18 (5) ordering or performing therapeutic procedures; 1.19 (6) providing instructions regarding patient care, disease 1.20 prevention, and health promotion; 1.21 (7) assisting the supervising physician in patient care in 1.22 the home and in health care facilities; 1.23 (8) creating and maintaining appropriate patient records; 1.24 (9) transmitting or executing specific orders at the 1.25 direction of the supervising physician; 1.26 (10) prescribing, administering, and dispensing legend 2.1 drugs and medical devices if this function has been delegated by 2.2 the supervising physician pursuant to and subject to the 2.3 limitations of section 147.34 and chapter 151. Physician 2.4 assistants who have been delegated the authority to prescribe 2.5 controlled substances shall maintain a separate addendum to the 2.6 delegation form which lists all schedules and categories of 2.7 controlled substances which the physician assistant has the 2.8 authority to prescribe. This addendum shall be maintained with 2.9 the physician-physician assistant agreement, and the delegation 2.10 form at the address of record; 2.11 (11) for physician assistants not delegated prescribing 2.12 authority, administering legend drugs and medical devices 2.13 following prospective review for each patient by and upon 2.14 direction of the supervising physician; 2.15 (12) functioning as an emergency medical technician with 2.16 permission of the ambulance service and in compliance with 2.17 section 144E.127, and ambulance service rules adopted by the 2.18 commissioner of health;
and2.19 (13) initiating evaluation and treatment procedures 2.20 essential to providing an appropriate response to emergency 2.21 situations; 2.22 (14) certifying a physical disability under section 2.23 169.345, subdivision 2a; 2.24 (15) authorizing an emergency admission under section 2.25 253B.05; and 2.26 (16) providing cause of death information for purposes of 2.27 death registrations under section 144.221. 2.28 Orders of physician assistants shall be considered the 2.29 orders of their supervising physicians in all practice-related 2.30 activities, including, but not limited to, the ordering of 2.31 diagnostic, therapeutic, and other medical services. 2.32 Sec. 2. Minnesota Statutes 2002, section 169.345, 2.33 subdivision 2a, is amended to read: 2.34 Subd. 2a. [PHYSICIAN'S, PHYSICIAN ASSISTANT'S, OR 2.35 CHIROPRACTOR'S STATEMENT.] (a) The commissioner shall develop a 2.36 form for the physician's, physician assistant's, or 3.1 chiropractor's statement. The statement must be signed by a 3.2 licensed physician, registered physician assistant, or licensed 3.3 chiropractor who certifies that the applicant is a physically 3.4 disabled person as defined in subdivision 2. The commissioner 3.5 may request additional information from the physician, physician 3.6 assistant, or chiropractor if needed to verify the applicant's 3.7 eligibility. The statement that the applicant is a physically 3.8 disabled person must specify whether the disability is permanent 3.9 or temporary, and if temporary, the opinion of the physician, 3.10 physician assistant, or chiropractor as to the duration of the 3.11 disability. A physician, physician assistant, or chiropractor 3.12 who fraudulently certifies to the commissioner that a person is 3.13 a physically disabled person as defined in subdivision 2, and 3.14 that the person is entitled to the license plates authorized by 3.15 section 168.021 or to the certificate authorized by this 3.16 section, is guilty of a misdemeanor and is subject to a fine of 3.17 $500. 3.18 (b) The commissioner may waive the requirement of providing 3.19 a statement of a licensed physician, registered physician 3.20 assistant, or licensed chiropractor, if the applicant has 3.21 previously filed with the commissioner a statement of a licensed 3.22 physician, registered physician assistant, or licensed 3.23 chiropractor certifying that the applicant has a permanent 3.24 physical disability. 3.25 Sec. 3. Minnesota Statutes 2002, section 253B.02, 3.26 subdivision 7, is amended to read: 3.27 Subd. 7. [EXAMINER.] "Examiner" means a person who is 3.28 knowledgeable, trained, and practicing in the diagnosis and 3.29 treatment of the alleged impairment and who is: 3.30 (1) a licensed physician; or3.31 (2) a licensed psychologist who has a doctoral degree in 3.32 psychology or who became a licensed consulting psychologist 3.33 before July 2, 1975; or 3.34 (3) a physician assistant registered under chapter 147A. 3.35 Sec. 4. [RULE AMENDMENTS.] 3.36 The commissioner of health shall amend Minnesota Rules, 4.1 parts 4601.1600, subpart 2; 4601.1800; and 4601.2100, subpart 9, 4.2 to provide that physician assistants registered under Minnesota 4.3 Statutes, chapter 147A, are authorized to provide and amend 4.4 cause of death information. The amendments may be adopted using 4.5 the good cause exemption under Minnesota Statutes, section 4.6 14.388, clause (3).