Minnesota Session Laws - 2001, Regular Session

                            CHAPTER 49-H.F.No. 1160 
                  An act relating to health; changing the frequency with 
                  which physician assistant delegated prescribing 
                  activities must be reviewed; amending Minnesota 
                  Statutes 2000, sections 147A.18, subdivision 1; and 
                  147A.20. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, 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, on a daily basis, 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.  During each daily 
        review, the supervising physician shall document by signature 
        and date that the prescriptive, administering, and dispensing 
        practice of the physician assistant has been reviewed.  This 
        review must take place at least weekly.  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 2000, section 147A.20, is 
        amended to read: 
           147A.20 [PHYSICIAN AND PHYSICIAN ASSISTANT AGREEMENT.] 
           (a) A physician assistant and supervising physician must 
        sign an agreement which specifies scope of practice and amount 
        and manner of supervision as required by the board.  The 
        agreement must contain: 
           (1) a description of the practice setting; 
           (2) a statement of practice type/specialty; 
           (3) a listing of categories of delegated duties; and 
           (4) a description of supervision type, amount, and 
        frequency; and 
           (5) a description of the process and schedule for review of 
        prescribing, dispensing, and administering legend and controlled 
        drugs and medical devices by the physician assistant authorized 
        to prescribe.  
           (b) The agreement must be maintained by the supervising 
        physician and physician assistant and made available to the 
        board upon request.  If there is a delegation of prescribing, 
        administering, and dispensing of legend drugs, controlled 
        substances, and medical devices, the agreement shall include an 
        internal protocol and delegation form.  Physician assistants 
        shall have a separate agreement for each place of employment.  
        Agreements must be reviewed and updated on an annual basis.  The 
        supervising physician and physician assistant must maintain the 
        agreement, delegation form, and internal protocol at the address 
        of record.  Copies shall be provided to the board upon request. 
           (c) Physician assistants must provide written notification 
        to the board within 30 days of the following: 
           (1) name change; 
           (2) address of record change; 
           (3) telephone number of record change; and 
           (4) addition or deletion of alternate supervising physician 
        provided that the information submitted includes, for an 
        additional alternate physician, an affidavit of consent to act 
        as an alternate supervising physician signed by the alternate 
        supervising physician. 
           (d) Modifications requiring submission prior to the 
        effective date are changes to the practice setting description 
        which include: 
           (1) supervising physician change, excluding alternate 
        supervising physicians; or 
           (2) delegation of prescribing, administering, or dispensing 
        of legend drugs, controlled substances, or medical devices. 
           Presented to the governor April 23, 2001 
           Signed by the governor April 26, 2001, 10:24 a.m.