Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 524-S.F.No. 1798 
           An act relating to health; providing limited 
          prescription privileges for physician assistants; 
          requiring permanent registration for certain physician 
          assistants; appropriating money; amending Minnesota 
          Statutes 1988, section 151.37, by adding a 
          subdivision; proposing coding for new law in Minnesota 
          Statutes, chapter 147. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [147.34] [PHYSICIAN ASSISTANTS; DELEGATED 
AUTHORITY TO PRESCRIBE AND ADMINISTER DRUGS AND MEDICAL 
DEVICES.] 
    Subdivision 1.  [DELEGATION OF AUTHORITY TO PRESCRIBE AND 
ADMINISTER DRUGS AND MEDICAL DEVICES.] (a) A supervising 
physician may delegate to a physician assistant who is 
registered with the board of medical examiners and certified by 
the National Commission on Certification of Physician Assistants 
and who is under the supervising physician's supervision, the 
authority to prescribe and administer legend drugs and medical 
devices, subject to the requirements in this section and other 
requirements established by the commissioner of health in rules. 
    (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 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 authority.  The delegation must 
be appropriate to the physician assistant's practice and within 
the scope of the physician assistant's training.  The 
commissioner of health shall identify categories of drugs, if 
any, for which delegated prescribing is inappropriate.  
Physician assistants who have been delegated the authority to 
prescribe and administer legend drugs and medical devices shall 
provide evidence of current certification by the National 
Commission on Certification of Physician Assistants when 
registering or reregistering as physician assistants.  
Supervising physicians shall retrospectively review, on a daily 
basis, the prescribing and administering of legend 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.  During each on-site visit required under Minnesota 
Rules, the supervising physician shall document by signature and 
date that the prescriptive practice of the physician assistant 
has been reviewed.  
    (c) The commissioner of health shall establish by rule: 
    (1) a system of identifying physician assistants eligible 
to prescribe drugs and medical devices; 
    (2) a method of determining the categories of prescription 
drugs and medical devices that each physician assistant is 
allowed to prescribe; and 
    (3) a system of transmitting to pharmacies a listing of 
physician assistants eligible to prescribe prescription drugs 
and medical devices and the types of drugs and medical devices 
they are allowed to prescribe. 
    Subd. 2.  [AUTHORITY TO ADOPT RULES.] The commissioner of 
health may adopt or amend rules to implement this section, 
including the amendment of rules previously adopted under 
section 214.13.  The commissioner may delegate to the board of 
medical examiners the authority to implement and enforce the 
rules. 
    Sec. 2.  Minnesota Statutes 1988, section 151.37, is 
amended by adding a subdivision to read: 
    Subd. 2a.  A supervising physician may delegate to a 
physician assistant who is registered with the board of medical 
examiners and certified by the National Commission on 
Certification of Physician Assistants and who is under the 
supervising physician's supervision, the authority to prescribe 
and administer legend drugs and medical devices, subject to the 
requirements in section 1 and other requirements established by 
the commissioner of health in rules. 
    Sec. 3.  [PERMANENT REGISTRATION OF PHYSICIAN ASSISTANTS.] 
    The board of medical examiners shall register those 
physician assistants who were granted temporary registration 
under Minnesota Rules, part 5600.2640, subpart 1, but who have 
been unable to meet the requirements of Minnesota Rules, part 
5600.2640, subpart 2, within the designated time due to a change 
in certification examination eligibility requirements made by 
the National Commission on Certification of Physician 
Assistants.  These individuals shall be allowed to reregister 
under Minnesota Rules, part 5600.2645, without having to meet 
the requirements of Minnesota Rules, part 5600.2640, subpart 2.  
The board shall register as a physician assistant any person who 
as of August 24, 1987: 
    (1) had at least seven years of experience practicing as a 
physician assistant or surgical assistant; and 
    (2) had been certified as a physician assistant by the 
national commission on certification of physician assistants, 
whether or not the person is currently certified.  
    Sec. 4.  [APPROPRIATIONS.] 
    $5,300 is appropriated to the commissioner of health from 
the special revenue fund for the fiscal year ending June 30, 
1991, to administer section 1. 
    Sec. 5.  [EFFECTIVE DATE.] 
    Section 1, subdivision 1, paragraphs (b) and (c), are 
effective June 1, 1991.  Section 1, subdivision 2, and section 
3, are effective the day following final enactment. 
    Presented to the governor April 24, 1990 
    Signed by the governor April 26, 1990, 10:37 p.m.