1999 Minnesota Statutes

CHAPTER 147A. Physician assistants, registration

     147A.01 Definitions. 

    Subdivision 1.    Scope.  For the purpose of this 
 chapter the terms defined in this section have the meanings 
 given them. 

    Subd. 2.    Active status.  "Active status" means the 
 status of a person who has met all the qualifications of a 
 physician assistant, has a physician-physician assistant 
 agreement in force, and is registered. 

    Subd. 3.    Administer.  "Administer" means the delivery 
 by a physician assistant authorized to prescribe legend drugs, a 
 single dose of a legend drug, including controlled substances, 
 to a patient by injection, inhalation, ingestion, or by any 
 other immediate means, and the delivery by a physician assistant 
 ordered by a physician a single dose of a legend drug by 
 injection, inhalation, ingestion, or by any other immediate 
 means. 

    Subd. 4.    Agreement.  "Agreement" means the document 
 described in section 147A.20. 

    Subd. 5.    Alternate supervising physician.  "Alternate 
 supervising physician" means a Minnesota licensed physician 
 listed in the physician-physician assistant agreement who is 
 responsible for supervising the physician assistant when the 
 main supervising physician is unavailable.  The alternate 
 supervising physician shall accept full medical responsibility 
 for the performance, practice, and activities of the physician 
 assistant while under the supervision of the alternate 
 supervising physician. 

    Subd. 6.    Board.  "Board" means the board of medical 
 practice or its designee. 

    Subd. 7.    Controlled substances.  "Controlled 
 substances" has the meaning given it in section 152.01, 
 subdivision 4. 

    Subd. 8.    Delegation form.  "Delegation form" means 
 the form used to indicate the categories of drugs for which the 
 authority to prescribe, administer, and dispense has been 
 delegated to the physician assistant and signed by the 
 supervising physician, any alternate supervising physicians, and 
 the physician assistant.  This form is part of the agreement 
 described in section 147A.20, and shall be maintained by the 
 supervising physician and physician assistant at the address of 
 record.  Copies shall be provided to the board upon request.  
 "Addendum to the delegation form" means a separate listing of 
 the schedules and categories of controlled substances, if any, 
 for which the physician assistant has been delegated the 
 authority to prescribe, administer, and dispense.  The addendum 
 shall be maintained as a separate document as described above. 

    Subd. 9.    Diagnostic order.  "Diagnostic order" means 
 a directive to perform a procedure or test, the purpose of which 
 is to determine the cause and nature of a pathological condition 
 or disease.  

    Subd. 10.    Drug.  "Drug" has the meaning given it in 
 section 151.01, subdivision 5, including controlled substances 
 as defined in section 152.01, subdivision 4. 

    Subd. 11.    Drug category.  "Drug category" means one 
 of the categories listed on the delegation form. 

    Subd. 12.    Inactive status.  "Inactive status" means 
 the status of a person who has met all the qualifications of a 
 physician assistant, and is registered, but does not have a 
 physician-physician assistant agreement in force. 

    Subd. 13.    Internal protocol.  "Internal protocol" 
 means a document written by the supervising physician and the 
 physician assistant which specifies the policies and procedures 
 which will apply to the physician assistant's prescribing, 
 administering, and dispensing of legend drugs and medical 
 devices, including controlled substances as defined in section 
 152.01, subdivision 4, and lists the specific categories of 
 drugs and medical devices, with any exceptions or conditions, 
 that the physician assistant is authorized to prescribe, 
 administer, and dispense.  The supervising physician and 
 physician assistant shall maintain the protocol at the address 
 of record.  Copies shall be provided to the board upon request. 

    Subd. 14.    Legend drug.  "Legend drug" has the meaning 
 given it in section 151.01, subdivision 17. 

    Subd. 15.    Locum tenens permit.  "Locum tenens permit" 
 means time specific temporary permission for a physician 
 assistant to practice as a physician assistant in a setting 
 other than the practice setting established in the 
 physician-physician assistant agreement. 

    Subd. 16.    Medical device.  "Medical device" means 
 durable medical equipment and assistive or rehabilitative 
 appliances, objects, or products that are required to implement 
 the overall plan of care for the patient and that are restricted 
 by federal law to use upon prescription by a licensed 
 practitioner. 

    Subd. 17.    Physician.  "Physician" means a person 
 currently licensed in good standing as a physician or osteopath 
 under chapter 147. 

    Subd. 18.    Physician assistant or registered physician 
 assistant.  "Physician assistant" or "registered physician 
 assistant" means a person registered pursuant to this section 
 who is qualified by academic or practical training or both to 
 provide patient services as specified in this chapter, under the 
 supervision of a supervising physician. 

    Subd. 19.    Practice setting description.  "Practice 
 setting description" means a signed record submitted to the 
 board on forms provided by the board, on which: 

    (1) the supervising physician assumes full medical 
 responsibility for the medical care rendered by a physician 
 assistant; 

    (2) is recorded the address and phone number of record of 
 each supervising physician and alternate, and the physicians' 
 medical license numbers and DEA number; 

    (3) is recorded the address and phone number of record of 
 the physician assistant and the physician assistant's 
 registration number and DEA number; 

    (4) is recorded whether the physician assistant has been 
 delegated prescribing, administering, and dispensing authority; 

    (5) is recorded the practice setting, address or addresses 
 and phone number or numbers of the physician assistant; and 

    (6) is recorded a statement of the type, amount, and 
 frequency of supervision. 

    Subd. 20.    Prescribe.  "Prescribe" means to direct, 
 order, or designate by means of a prescription the preparation, 
 use of, or manner of using a drug or medical device. 

    Subd. 21.    Prescription.  "Prescription" means a 
 signed written order, or an oral order reduced to writing, given 
 by a physician assistant authorized to prescribe drugs for 
 patients in the course of the physician assistant's practice, 
 issued for an individual patient and containing the information 
 required in the delegation form.  

    Subd. 22.    Registration.  "Registration" is the 
 process by which the board determines that an applicant has been 
 found to meet the standards and qualifications found in this 
 section. 

    Subd. 23.    Supervising physician.  "Supervising 
 physician" means a Minnesota licensed physician who accepts full 
 medical responsibility for the performance, practice, and 
 activities of a physician assistant under an agreement as 
 described in section 147A.20.  A supervising physician shall not 
 supervise more than two full-time equivalent physician 
 assistants simultaneously. 

    Subd. 24.    Supervision.  "Supervision" means 
 overseeing the activities of, and accepting responsibility for, 
 the medical services rendered by a physician assistant.  The 
 constant physical presence of the supervising physician is not 
 required so long as the supervising physician and physician 
 assistant are or can be easily in contact with one another by 
 radio, telephone, or other telecommunication device.  The scope 
 and nature of the supervision shall be defined by the individual 
 physician-physician assistant agreement. 

    Subd. 25.    Temporary registration.  "Temporary 
 registration" means the status of a person who has satisfied the 
 education requirement specified in this chapter; is enrolled in 
 the next examination required in this chapter; or is awaiting 
 examination results; has a physician-physician assistant 
 agreement in force as required by this chapter, and has 
 submitted a practice setting description to the board.  Such 
 provisional registration shall expire 90 days after completion 
 of the next examination sequence, or after one year, whichever 
 is sooner, for those enrolled in the next examination; and upon 
 receipt of the examination results for those awaiting 
 examination results.  The registration shall be granted by the 
 board or its designee. 

    Subd. 26.    Therapeutic order.  "Therapeutic order" 
 means an order given to another for the purpose of treating or 
 curing a patient in the course of a physician assistant's 
 practice.  Therapeutic orders may be written or verbal, but do 
 not include the prescribing of legend drugs or medical devices 
 unless prescribing authority has been delegated within the 
 physician-physician assistant agreement. 

    Subd. 27.    Verbal order.  "Verbal order" means an oral 
 order given to another for the purpose of treating or curing a 
 patient in the course of a physician assistant's practice.  
 Verbal orders do not include the prescribing of legend drugs 
 unless prescribing authority has been delegated within the 
 physician-physician assistant agreement. 

    HIST: 1995 c 205 art 1 s 1 

     147A.02 Qualifications for registration. 

    Except as otherwise provided in this chapter, an individual 
 shall be registered by the board before the individual may 
 practice as a physician assistant. 

    The board may grant registration as a physician assistant 
 to an applicant who: 

    (1) submits an application on forms approved by the board; 

    (2) pays the appropriate fee as determined by the board; 

    (3) has current certification from the National Commission 
 on Certification of Physician Assistants, or its successor 
 agency as approved by the board; 

    (4) certifies that the applicant is mentally and physically 
 able to engage safely in practice as a physician assistant; 

    (5) has no licensure, certification, or registration as a 
 physician assistant under current discipline, revocation, 
 suspension, or probation for cause resulting from the 
 applicant's practice as a physician assistant, unless the board 
 considers the condition and agrees to licensure; 

    (6) has a physician-physician assistant agreement, and 
 internal protocol and prescribing delegation form, if the 
 physician assistant has been delegated prescribing authority, as 
 described in section 147A.18 in place at the address of record; 

    (7) submits to the board a practice setting description and 
 any other information the board deems necessary to evaluate the 
 applicant's qualifications; and 

    (8) has been approved by the board. 

    All persons registered as physician assistants as of June 
 30, 1995, are eligible for continuing registration renewal.  All 
 persons applying for registration after that date shall be 
 registered according to this chapter. 

    HIST: 1995 c 205 art 1 s 2 

     147A.03 Protected titles and restrictions on use. 

    Subdivision 1.    Protected titles.  No individual may 
 use the titles "Minnesota Registered Physician Assistant," 
 "Registered Physician Assistant," "Physician Assistant," or "PA" 
 in connection with the individual's name, or any other words, 
 letters, abbreviations, or insignia indicating or implying that 
 the individual is registered with the state unless they have 
 been registered according to this chapter. 

    Subd. 2.    Health care practitioners.  Individuals 
 practicing in a health care occupation are not restricted in the 
 provision of services included in this chapter as long as they 
 do not hold themselves out as physician assistants by or through 
 the titles provided in subdivision 1 in association with 
 provision of these services. 

    Subd. 3.    Identification of registered practitioners.  
 Physician assistants in Minnesota shall wear name tags which 
 identify them as physician assistants. 

    Subd. 4.    Sanctions.  Individuals who hold themselves 
 out as physician assistants by or through any of the titles 
 provided in subdivision 1 without prior registration shall be 
 subject to sanctions or actions against continuing the activity 
 according to section 214.11, or other authority. 

    HIST: 1995 c 205 art 1 s 3 

     147A.04 Temporary permit. 

    The board may issue a temporary permit to practice to a 
 physician assistant eligible for registration under this chapter 
 only if the application for registration is complete, all 
 requirements have been met, and a nonrefundable fee set by the 
 board has been paid.  The permit remains valid only until the 
 meeting of the board at which a decision is made on the 
 application for registration. 

    HIST: 1995 c 205 art 1 s 4 

     147A.05 Inactive registration. 

    Physician assistants who notify the board in writing on 
 forms prescribed by the board may elect to place their 
 registrations on an inactive status.  Physician assistants with 
 an inactive registration shall be excused from payment of 
 renewal fees and shall not practice as physician assistants.  
 Persons who engage in practice while their registrations are 
 lapsed or on inactive status shall be considered to be 
 practicing without registration, which shall be grounds for 
 discipline under section 147A.13.  Physician assistants 
 requesting restoration from inactive status shall be required to 
 pay the current renewal fees and all unpaid back-fees and shall 
 be required to meet the criteria for renewal specified in 
 section 147A.07. 

    HIST: 1995 c 205 art 1 s 5 

     147A.06 Cancellation of registration for nonrenewal. 

    The board shall not renew, reissue, reinstate, or restore a 
 registration that has lapsed on or after July 1, 1996, and has 
 not been renewed within two annual renewal cycles starting July 
 1, 1997.  A registrant whose registration is canceled for 
 nonrenewal must obtain a new registration by applying for 
 registration and fulfilling all requirements then in existence 
 for an initial registration to practice as a physician assistant.

    HIST: 1995 c 205 art 1 s 6 

     147A.07 Renewal. 

    A person who holds a registration as a physician assistant 
 shall, upon notification from the board, renew the registration 
 by: 

    (1) submitting the appropriate fee as determined by the 
 board; 

    (2) completing the appropriate forms; 

    (3) meeting any other requirements of the board; 

    (4) submitting a revised and updated practice setting 
 description showing evidence of annual review of the 
 physician-physician assistant supervisory agreement. 

    HIST: 1995 c 205 art 1 s 7 

     147A.08 Exemptions. 

    (a) This chapter does not apply to, control, prevent, or 
 restrict the practice, service, or activities of persons listed 
 in section 147.09, clauses (1) to (6) and (8) to (13), persons 
 regulated under section 214.01, subdivision 2, or persons 
 defined in section 144.1495, subdivision 1, paragraphs (a) to 
 (d). 

    (b) Nothing in this chapter shall be construed to require 
 registration of: 

    (1) a physician assistant student enrolled in a physician 
 assistant or surgeon assistant educational program accredited by 
 the Committee on Allied Health Education and Accreditation or by 
 its successor agency approved by the board; 

    (2) a physician assistant employed in the service of the 
 federal government while performing duties incident to that 
 employment; or 

    (3) technicians, other assistants, or employees of 
 physicians who perform delegated tasks in the office of a 
 physician but who do not identify themselves as a physician 
 assistant. 

    HIST: 1995 c 205 art 1 s 8; 1997 c 183 art 2 s 20 

     147A.09 Scope of practice, delegation. 

    Subdivision 1.    Scope of practice.  Physician 
 assistants shall practice medicine only with physician 
 supervision.  Physician assistants may perform those duties and 
 responsibilities as delegated in the physician-physician 
 assistant agreement and delegation forms maintained at the 
 address of record by the supervising physician and physician 
 assistant, including the prescribing, administering, and 
 dispensing of medical devices and drugs, excluding anesthetics, 
 other than local anesthetics, injected in connection with an 
 operating room procedure, inhaled anesthesia and spinal 
 anesthesia. 

    Patient service must be limited to: 

    (1) services within the training and experience of the 
 physician assistant; 

    (2) services customary to the practice of the supervising 
 physician; 

    (3) services delegated by the supervising physician; and 

    (4) services within the parameters of the laws, rules, and 
 standards of the facilities in which the physician assistant 
 practices. 

    Nothing in this chapter authorizes physician assistants to 
 perform duties regulated by the boards listed in section 214.01, 
 subdivision 2, other than the board of medical practice, and 
 except as provided in this section. 

    Subd. 2.    Delegation.  Patient services may include, 
 but are not limited to, the following, as delegated by the 
 supervising physician and authorized in the agreement: 

    (1) taking patient histories and developing medical status 
 reports; 

    (2) performing physical examinations; 

    (3) interpreting and evaluating patient data; 

    (4) ordering or performing diagnostic procedures; 

    (5) ordering or performing therapeutic procedures; 

    (6) providing instructions regarding patient care, disease 
 prevention, and health promotion; 

    (7) assisting the supervising physician in patient care in 
 the home and in health care facilities; 

    (8) creating and maintaining appropriate patient records; 

    (9) transmitting or executing specific orders at the 
 direction of the supervising physician; 

    (10) prescribing, administering, and dispensing legend 
 drugs and medical devices if this function has been delegated by 
 the supervising physician pursuant to and subject to the 
 limitations of section 147.34 and chapter 151.  Physician 
 assistants who have been delegated the authority to prescribe 
 controlled substances shall maintain a separate addendum to the 
 delegation form which lists all schedules and categories of 
 controlled substances which the physician assistant has the 
 authority to prescribe.  This addendum shall be maintained with 
 the physician-physician assistant agreement, and the delegation 
 form at the address of record; 

    (11) for physician assistants not delegated prescribing 
 authority, administering legend drugs and medical devices 
 following prospective review for each patient by and upon 
 direction of the supervising physician; 

    (12) functioning as an emergency medical technician with 
 permission of the ambulance service and in compliance with 
 section 144E.127, and ambulance service rules adopted by the 
 commissioner of health; and 

    (13) initiating evaluation and treatment procedures 
 essential to providing an appropriate response to emergency 
 situations. 

    Orders of physician assistants shall be considered the 
 orders of their supervising physicians in all practice-related 
 activities, including, but not limited to, the ordering of 
 diagnostic, therapeutic, and other medical services. 

    HIST: 1995 c 205 art 1 s 9; 1997 c 199 s 14; 1999 c 245 art 9 
 s 65 

     147A.10 Satellite settings. 

    Physician assistants may render services in a setting 
 geographically remote from the supervising physician. 

    HIST: 1995 c 205 art 1 s 10 

     147A.11 Exclusions of limitations on employment. 

    Nothing in this chapter shall be construed to limit the 
 employment arrangement of a physician assistant registered under 
 this chapter. 

    HIST: 1995 c 205 art 1 s 11 

     147A.13 Grounds for disciplinary action. 

    Subdivision 1.    Grounds listed.  The board may refuse 
 to grant registration or may impose disciplinary action as 
 described in this subdivision against any physician assistant.  
 The following conduct is prohibited and is grounds for 
 disciplinary action: 

    (1) failure to demonstrate the qualifications or satisfy 
 the requirements for registration contained in this chapter or 
 rules of the board.  The burden of proof shall be upon the 
 applicant to demonstrate such qualifications or satisfaction of 
 such requirements; 

    (2) obtaining registration by fraud or cheating, or 
 attempting to subvert the examination process.  Conduct which 
 subverts or attempts to subvert the examination process 
 includes, but is not limited to: 

    (i) conduct which violates the security of the examination 
 materials, such as removing examination materials from the 
 examination room or having unauthorized possession of any 
 portion of a future, current, or previously administered 
 licensing examination; 

    (ii) conduct which violates the standard of test 
 administration, such as communicating with another examinee 
 during administration of the examination, copying another 
 examinee's answers, permitting another examinee to copy one's 
 answers, or possessing unauthorized materials; and 

    (iii) impersonating an examinee or permitting an 
 impersonator to take the examination on one's own behalf; 

    (3) conviction, during the previous five years, of a felony 
 reasonably related to the practice of physician assistant.  
 Conviction as used in this subdivision includes a conviction of 
 an offense which if committed in this state would be deemed a 
 felony without regard to its designation elsewhere, or a 
 criminal proceeding where a finding or verdict of guilt is made 
 or returned but the adjudication of guilt is either withheld or 
 not entered; 

    (4) revocation, suspension, restriction, limitation, or 
 other disciplinary action against the person's physician 
 assistant credentials in another state or jurisdiction, failure 
 to report to the board that charges regarding the person's 
 credentials have been brought in another state or jurisdiction, 
 or having been refused registration by any other state or 
 jurisdiction; 

    (5) advertising which is false or misleading, violates any 
 rule of the board, or claims without substantiation the positive 
 cure of any disease or professional superiority to or greater 
 skill than that possessed by another physician assistant; 

    (6) violating a rule adopted by the board or an order of 
 the board, a state, or federal law which relates to the practice 
 of a physician assistant, or in part regulates the practice of a 
 physician assistant, including without limitation sections 
 148A.02, 609.344, and 609.345, or a state or federal narcotics 
 or controlled substance law; 

    (7) engaging in any unethical conduct; conduct likely to 
 deceive, defraud, or harm the public, or demonstrating a willful 
 or careless disregard for the health, welfare, or safety of a 
 patient; or practice which is professionally incompetent, in 
 that it may create unnecessary danger to any patient's life, 
 health, or safety, in any of which cases, proof of actual injury 
 need not be established; 

    (8) failure to adhere to the provisions of the 
 physician-physician assistant agreement; 

    (9) engaging in the practice of medicine beyond that 
 allowed by the physician-physician assistant agreement, 
 including the delegation form or the addendum to the delegation 
 form, or aiding or abetting an unlicensed person in the practice 
 of medicine; 

    (10) adjudication as mentally incompetent, mentally ill or 
 mentally retarded, or as a chemically dependent person, a person 
 dangerous to the public, a sexually dangerous person, or a 
 person who has a sexual psychopathic personality by a court of 
 competent jurisdiction, within or without this state.  Such 
 adjudication shall automatically suspend a registration for its 
 duration unless the board orders otherwise; 

    (11) engaging in unprofessional conduct.  Unprofessional 
 conduct includes any departure from or the failure to conform to 
 the minimal standards of acceptable and prevailing practice in 
 which proceeding actual injury to a patient need not be 
 established; 

    (12) inability to practice with reasonable skill and safety 
 to patients by reason of illness, drunkenness, use of drugs, 
 narcotics, chemicals, or any other type of material, or as a 
 result of any mental or physical condition, including 
 deterioration through the aging process or loss of motor skills; 

    (13) revealing a privileged communication from or relating 
 to a patient except when otherwise required or permitted by law; 

    (14) any use of the title "Physician," "Doctor," or "Dr."; 

    (15) improper management of medical records, including 
 failure to maintain adequate medical records, to comply with a 
 patient's request made pursuant to section 144.335, or to 
 furnish a medical record or report required by law; 

    (16) engaging in abusive or fraudulent billing practices, 
 including violations of the federal Medicare and Medicaid laws 
 or state medical assistance laws; 

    (17) becoming addicted or habituated to a drug or 
 intoxicant; 

    (18) prescribing a drug or device for other than medically 
 accepted therapeutic, experimental, or investigative purposes 
 authorized by a state or federal agency or referring a patient 
 to any health care provider as defined in section 144.335 for 
 services or tests not medically indicated at the time of 
 referral; 

    (19) engaging in conduct with a patient which is sexual or 
 may reasonably be interpreted by the patient as sexual, or in 
 any verbal behavior which is seductive or sexually demeaning to 
 a patient; 

    (20) failure to make reports as required by section 147A.14 
 or to cooperate with an investigation of the board as required 
 by section 147A.15, subdivision 3; 

    (21) knowingly providing false or misleading information 
 that is directly related to the care of that patient unless done 
 for an accepted therapeutic purpose such as the administration 
 of a placebo; 

    (22) aiding suicide or aiding attempted suicide in 
 violation of section 609.215 as established by any of the 
 following: 

    (i) a copy of the record of criminal conviction or plea of 
 guilty for a felony in violation of section 609.215, subdivision 
 1 or 2; 

    (ii) a copy of the record of a judgment of contempt of 
 court for violating an injunction issued under section 609.215, 
 subdivision 4; 

    (iii) a copy of the record of a judgment assessing damages 
 under section 609.215, subdivision 5; or 

    (iv) a finding by the board that the person violated 
 section 609.215, subdivision 1 or 2.  The board shall 
 investigate any complaint of a violation of section 609.215, 
 subdivision 1 or 2; or 

    (23) failure to maintain annually reviewed and updated 
 physician-physician assistant agreements, internal protocols, or 
 prescribing delegation forms for each physician-physician 
 assistant practice relationship, or failure to provide copies of 
 such documents upon request by the board. 

    Subd. 2.    Effective dates, automatic suspension.  A 
 suspension, revocation, condition, limitation, qualification, or 
 restriction of a registration shall be in effect pending 
 determination of an appeal unless the court, upon petition and 
 for good cause shown, orders otherwise. 

    A physician assistant registration is automatically 
 suspended if: 

    (1) a guardian of the person of a registrant is appointed 
 by order of a court pursuant to sections 525.54 to 525.61, for 
 reasons other than the minority of the registrant; or 

    (2) the registrant is committed by order of a court 
 pursuant to chapter 253B.  The registration remains suspended 
 until the registrant is restored to capacity by a court and, 
 upon petition by the registrant, the suspension is terminated by 
 the board after a hearing. 

    Subd. 3.    Conditions on reissued registration.  In its 
 discretion, the board may restore and reissue a physician 
 assistant registration, but may impose as a condition any 
 disciplinary or corrective measure which it might originally 
 have imposed. 

    Subd. 4.    Temporary suspension of registration.  In 
 addition to any other remedy provided by law, the board may, 
 without a hearing, temporarily suspend the registration of a 
 physician assistant if the board finds that the physician 
 assistant has violated a statute or rule which the board is 
 empowered to enforce and continued practice by the physician 
 assistant would create a serious risk of harm to the public.  
 The suspension shall take effect upon written notice to the 
 physician assistant, specifying the statute or rule violated.  
 The suspension shall remain in effect until the board issues a 
 final order in the matter after a hearing.  At the time it 
 issues the suspension notice, the board shall schedule a 
 disciplinary hearing to be held pursuant to the Administrative 
 Procedure Act.  

    The physician assistant shall be provided with at least 20 
 days' notice of any hearing held pursuant to this subdivision.  
 The hearing shall be scheduled to begin no later than 30 days 
 after the issuance of the suspension order. 

    Subd. 5.    Evidence.  In disciplinary actions alleging 
 a violation of subdivision 1, clause (3) or (4), a copy of the 
 judgment or proceeding under the seal of the court administrator 
 or of the administrative agency which entered it shall be 
 admissible into evidence without further authentication and 
 shall constitute prima facie evidence of the contents thereof. 

    Subd. 6.    Mental examination; access to medical data.  
 (a) If the board has probable cause to believe that a physician 
 assistant comes under subdivision 1, clause (1), it may direct 
 the physician assistant to submit to a mental or physical 
 examination.  For the purpose of this subdivision, every 
 physician assistant registered under this chapter is deemed to 
 have consented to submit to a mental or physical examination 
 when directed in writing by the board and further to have waived 
 all objections to the admissibility of the examining physicians' 
 testimony or examination reports on the ground that the same 
 constitute a privileged communication.  Failure of a physician 
 assistant to submit to an examination when directed constitutes 
 an admission of the allegations against the physician assistant, 
 unless the failure was due to circumstance beyond the physician 
 assistant's control, in which case a default and final order may 
 be entered without the taking of testimony or presentation of 
 evidence.  A physician assistant affected under this subdivision 
 shall at reasonable intervals be given an opportunity to 
 demonstrate that the physician assistant can resume competent 
 practice with reasonable skill and safety to patients.  In any 
 proceeding under this subdivision, neither the record of 
 proceedings nor the orders entered by the board shall be used 
 against a physician assistant in any other proceeding. 

    (b) In addition to ordering a physical or mental 
 examination, the board may, notwithstanding sections 13.42, 
 144.651, or any other law limiting access to medical or other 
 health data, obtain medical data and health records relating to 
 a registrant or applicant without the registrant's or 
 applicant's consent if the board has probable cause to believe 
 that a physician assistant comes under subdivision 1, clause (1).

    The medical data may be requested from a provider, as 
 defined in section 144.335, subdivision 1, paragraph (b), an 
 insurance company, or a government agency, including the 
 department of human services.  A provider, insurance company, or 
 government agency shall comply with any written request of the 
 board under this subdivision and is not liable in any action for 
 damages for releasing the data requested by the board if the 
 data are released pursuant to a written request under this 
 subdivision, unless the information is false and the provider 
 giving the information knew, or had reason to believe, the 
 information was false.  Information obtained under this 
 subdivision is classified as private under chapter 13. 

    Subd. 7.    Tax clearance certificate.  (a) In addition 
 to the provisions of subdivision 1, the board may not issue or 
 renew a registration if the commissioner of revenue notifies the 
 board and the registrant or applicant for registration that the 
 registrant or applicant owes the state delinquent taxes in the 
 amount of $500 or more.  The board may issue or renew the 
 registration only if: 

    (1) the commissioner of revenue issues a tax clearance 
 certificate; and 

    (2) the commissioner of revenue, the registrant, or the 
 applicant forwards a copy of the clearance to the board. 

 The commissioner of revenue may issue a clearance certificate 
 only if the registrant or applicant does not owe the state any 
 uncontested delinquent taxes. 

    (b) For purposes of this subdivision, the following terms 
 have the meanings given: 

    (1) "Taxes" are all taxes payable to the commissioner of 
 revenue, including penalties and interest due on those taxes, 
 and 

    (2) "Delinquent taxes" do not include a tax liability if: 

    (i) an administrative or court action that contests the 
 amount or validity of the liability has been filed or served; 

    (ii) the appeal period to contest the tax liability has not 
 expired; or 

    (iii) the licensee or applicant has entered into a payment 
 agreement to pay the liability and is current with the payments. 

    (c) When a registrant or applicant is required to obtain a 
 clearance certificate under this subdivision, a contested case 
 hearing must be held if the registrant or applicant requests a 
 hearing in writing to the commissioner of revenue within 30 days 
 of the date of the notice provided in paragraph (a).  The 
 hearing must be held within 45 days of the date the commissioner 
 of revenue refers the case to the office of administrative 
 hearings.  Notwithstanding any law to the contrary, the licensee 
 or applicant must be served with 20 days' notice in writing 
 specifying the time and place of the hearing and the allegations 
 against the registrant or applicant.  The notice may be served 
 personally or by mail. 

    (d) The board shall require all registrants or applicants 
 to provide their social security number and Minnesota business 
 identification number on all registration applications.  Upon 
 request of the commissioner of revenue, the board must provide 
 to the commissioner of revenue a list of all registrants and 
 applicants, including their names and addresses, social security 
 numbers, and business identification numbers.  The commissioner 
 of revenue may request a list of the registrants and applicants 
 no more than once each calendar year. 

    HIST: 1995 c 205 art 1 s 12; 1997 c 7 art 1 s 76 

     147A.14 Reporting obligations. 

    Subdivision 1.    Permission to report.  A person who 
 has knowledge of any conduct constituting grounds for discipline 
 under this chapter may report the violation to the board. 

    Subd. 2.    Institutions.  Any hospital, clinic, prepaid 
 medical plan, or other health care institution or organization 
 located in this state shall report to the board any action taken 
 by the institution or organization, any of its administrators, 
 or its medical or other committees to revoke, suspend, restrict, 
 or condition a physician assistant's privilege to practice or 
 treat patients in the institution or as part of the 
 organization, any denial of privileges, or any other 
 disciplinary action.  The institution or organization shall also 
 report the resignation of any physician assistants prior to the 
 conclusion of any disciplinary proceeding, or prior to the 
 commencement of formal charges but after the physician assistant 
 had knowledge that formal charges were contemplated or in 
 preparation.  Each report made under this subdivision must state 
 the nature of the action taken, state in detail the reasons for 
 the action, and identify the specific patient medical records 
 upon which the action was based.  No report shall be required of 
 a physician assistant voluntarily limiting the practice of the 
 physician assistant at a hospital provided that the physician 
 assistant notifies all hospitals at which the physician 
 assistant has privileges of the voluntary limitation and the 
 reasons for it. 

    Subd. 3.    Physician assistant organizations.  A state 
 or local physician assistant organization shall report to the 
 board any termination, revocation, or suspension of membership 
 or any other disciplinary action taken against a physician 
 assistant.  If the society has received a complaint which might 
 be grounds for discipline under this chapter against a member 
 physician assistant on which it has not taken any disciplinary 
 action, the society shall report the complaint and the reason 
 why it has not taken action on it or shall direct the 
 complainant to the board of medical practice.  This subdivision 
 does not apply to a physician assistant organization when it 
 performs peer review functions as an agent of an outside entity, 
 organization, or system. 

    Subd. 4.    Licensed professionals.  Licensed health 
 professionals and persons holding residency permits under 
 section 147.0391, shall report to the board personal knowledge 
 of any conduct which the person reasonably believes constitutes 
 grounds for disciplinary action under this chapter by a 
 physician assistant, including any conduct indicating that the 
 person may be incompetent, or may have engaged in unprofessional 
 conduct or may be medically or physically unable to engage 
 safely in practice as a physician assistant.  No report shall be 
 required if the information was obtained in the course of a 
 physician-patient relationship if the patient is a physician 
 assistant, and the treating physician successfully counsels the 
 person to limit or withdraw from practice to the extent required 
 by the impairment. 

    Subd. 5.    Insurers.  Four times each year as 
 prescribed by the board, each insurer authorized to sell 
 insurance described in section 60A.06, subdivision 1, clause 
 (13), and providing professional liability insurance to 
 physician assistants, and any medical clinic, hospital, 
 political subdivision, or other entity that self-insures and 
 provides professional liability coverage to physician 
 assistants, shall submit to the board a report concerning the 
 physician assistants against whom professional malpractice 
 settlements or awards have been made to the plaintiff. 

    Any medical clinic, hospital, political subdivision, or 
 other entity which provides liability coverage on behalf of a 
 physician assistant shall submit to the board a report 
 concerning settlements or awards paid on behalf of a physician 
 assistant, and any settlements or awards paid by a clinic, 
 hospital, political subdivision, or other entity on its own 
 behalf because of care rendered by a physician assistant.  The 
 report shall be made to the board within 30 days of any 
 settlement.  The report must contain at least the following 
 information: 

    (1) the total number of medical malpractice settlements or 
 awards made to the plaintiff; 

    (2) the date the medical malpractice settlements or awards 
 to the plaintiff were made; 

    (3) the allegations contained in the claim or complaint 
 leading to the settlements or awards made to the plaintiff; 

    (4) the dollar amount of each medical malpractice 
 settlement or award; 

    (5) the regular address of the practice of the physician 
 assistant against whom an award was made or with whom a 
 settlement was made; and 

    (6) the name of the physician assistant against whom an 
 award was made or with whom a settlement was made. 

    The insurance company shall, in addition to the above 
 information, report to the board any information it possesses 
 which tends to substantiate a charge that a physician assistant 
 may have engaged in conduct violating this chapter. 

    Subd. 6.    Courts.  The court administrator of district 
 court or any other court of competent jurisdiction shall report 
 to the board any judgment or other determination of the court 
 which adjudges or includes a finding that a physician assistant 
 is mentally ill, mentally incompetent, guilty of a felony, 
 guilty of a violation of federal or state narcotics laws or 
 controlled substances act, or guilty of an abuse or fraud under 
 Medicare or Medicaid, appoints a guardian of the physician 
 assistant pursuant to sections 525.54 to 525.61, or commits a 
 physician assistant pursuant to chapter 253B. 

    Subd. 7.    Self-reporting.  A physician assistant shall 
 report to the board any personal action which is a violation of 
 this chapter. 

    Subd. 8.    Deadlines; forms.  Reports required by 
 subdivisions 2 to 7 must be submitted not later than 30 days 
 after the occurrence of the reportable event or transaction.  
 The board may provide forms for the submission of reports 
 required by this section, may require that reports be submitted 
 on the forms provided, and may adopt rules necessary to assure 
 prompt and accurate reporting. 

    Subd. 9.    Subpoenas.  The board may issue subpoenas 
 for the production of any reports required by subdivisions 2 to 
 7 or any related documents. 

    HIST: 1995 c 205 art 1 s 13 

     147A.15 Immunity. 

    Subdivision 1.    Reporting.  Any person, health care 
 facility, business, or organization is immune from civil 
 liability or criminal prosecution for submitting a report to the 
 board pursuant to this chapter or for otherwise reporting to the 
 board violations or alleged violations of this chapter.  All 
 such reports are confidential and absolutely privileged 
 communications. 

    Subd. 2.    Investigation; indemnification.  (a) Members 
 of the board, persons employed by the board, and consultants 
 retained by the board for the purpose of investigation of 
 violations or the preparation and management of charges of 
 violations of this chapter on behalf of the board are immune 
 from civil liability and criminal prosecution for any actions, 
 transactions, or publications in the execution of, or relating 
 to, their duties under this chapter. 

    (b) For purposes of this section, a member of the board or 
 a consultant described in paragraph (a) is considered a state 
 employee under section 3.736, subdivision 9. 

    Subd. 3.    Physician assistant cooperation.  A 
 physician assistant who is the subject of an investigation by or 
 on behalf of the board shall cooperate fully with the 
 investigation.  Cooperation includes responding fully and 
 promptly to any question raised by or on behalf of the board 
 relating to the subject of the investigation and providing 
 copies of patient medical records, as reasonably requested by 
 the board, to assist the board in its investigation.  The board 
 shall pay for copies requested.  If the board does not have a 
 written consent from a patient permitting access to the 
 patient's records, the physician assistant shall delete any data 
 in the record which identifies the patient before providing it 
 to the board.  The board shall maintain any records obtained 
 pursuant to this section as investigative data pursuant to 
 chapter 13. 

    HIST: 1995 c 205 art 1 s 14 

     147A.16 Forms of disciplinary action. 

    When the board finds that a registered physician assistant 
 has violated a provision of this chapter, it may do one or more 
 of the following: 

    (1) revoke the registration; 

    (2) suspend the registration; 

    (3) impose limitations or conditions on the physician 
 assistant's practice, including limiting the scope of practice 
 to designated field specialties; impose retraining or 
 rehabilitation requirements; require practice under additional 
 supervision; or condition continued practice on demonstration of 
 knowledge or skills by appropriate examination or other review 
 of skill and competence; 

    (4) impose a civil penalty not exceeding $10,000 for each 
 separate violation, the amount of the civil penalty to be fixed 
 so as to deprive the physician assistant of any economic 
 advantage gained by reason of the violation charged or to 
 reimburse the board for the cost of the investigation and 
 proceeding; 

    (5) order the physician assistant to provide unremunerated 
 professional service under supervision at a designated public 
 hospital, clinic, or other health care institution; or 

    (6) censure or reprimand the registered physician assistant.

    Upon judicial review of any board disciplinary action taken 
 under this chapter, the reviewing court shall seal the 
 administrative record, except for the board's final decision, 
 and shall not make the administrative record available to the 
 public. 

    HIST: 1995 c 205 art 1 s 15 

     147A.17 Physician assistant accountability. 

    Subdivision 1.    Investigation.  The board shall 
 maintain and keep current a file containing the reports and 
 complaints filed against physician assistants in the state.  
 Each complaint filed with the board pursuant to section 214.10, 
 subdivision 1, shall be investigated according to section 
 214.10, subdivision 2. 

    Whenever the files maintained by the board show that a 
 medical malpractice settlement or award to the plaintiff has 
 been made against a physician assistant as reported by insurers 
 pursuant to this chapter, the executive director of the board 
 shall notify the board and the board may authorize a review of 
 the physician assistant's practice. 

    Subd. 2.    Attorney general investigation.  When the 
 board initiates a review of a physician assistant's practice, it 
 shall notify the attorney general who shall investigate the 
 matter in the same manner as provided in section 214.10.  If an 
 investigation is to be made, the attorney general shall notify 
 the physician assistant, and, if the incident being investigated 
 occurred there, the administrator and chief of staff at the 
 medical care facilities in which the physician assistant serves. 

    Subd. 3.    Access to hospital records.  The board shall 
 have access to hospital and medical records of a patient treated 
 by the physician assistant under review if the patient signs a 
 written consent form permitting such access.  If no consent form 
 has been signed, the hospital or physician assistant shall first 
 delete data in the record which identifies the patient before 
 providing it to the board. 

    HIST: 1995 c 205 art 1 s 16 

     147A.18 Delegated authority to prescribe, dispense, and 
  administer drugs and medical devices. 

    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. 

    (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.  

    Subd. 2.    Termination and reinstatement of prescribing 
 authority.  (a) The authority of a physician assistant to 
 prescribe, dispense, and administer legend drugs and medical 
 devices shall end immediately when: 

    (1) the agreement is terminated; 

    (2) the authority to prescribe, dispense, and administer is 
 terminated or withdrawn by the supervising physician; or 

    (3) the physician assistant reverts to inactive status, 
 loses National Commission on Certification of Physician 
 Assistants or successor agency certification, or loses or 
 terminates registration status. 

    (b) The physician assistant must notify the board in 
 writing within ten days of the occurrence of any of the 
 circumstances listed in paragraph (a). 

    (c) Physician assistants whose authority to prescribe, 
 dispense, and administer has been terminated shall reapply for 
 reinstatement of prescribing authority under this section and 
 meet any requirements established by the board prior to 
 reinstatement of the prescribing, dispensing, and administering 
 authority. 

    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, address, and telephone number of the 
 prescribing physician assistant and of the physician serving as 
 supervisor. 

    (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. 

    Subd. 4.    Notification of pharmacies.  (a) The board 
 shall annually provide to the board of pharmacy and to 
 registered pharmacies within the state a list of those physician 
 assistants who are authorized to prescribe, administer, and 
 dispense legend drugs and medical devices, or controlled 
 substances. 

    (b) The board shall provide to the board of pharmacy a list 
 of physician assistants authorized to prescribe legend drugs and 
 medical devices every two months if additional physician 
 assistants are authorized to prescribe or if physician 
 assistants have authorization to prescribe withdrawn. 

    (c) The list must include the name, address, telephone 
 number, and Minnesota registration number of the physician 
 assistant, and the name, address, telephone number, and 
 Minnesota license number of the supervising physician. 

    (d) The board shall provide the form in subdivision 5 to 
 pharmacies upon request. 

    (e) The board shall make available prototype forms of the 
 physician-physician assistant agreement, the internal protocol, 
 the delegation form, and the addendum form. 

    Subd. 5.    Delegation form for physician assistant 
 prescribing.  The delegation form for physician assistant 
 prescribing must contain a listing by drug category of the 
 legend drugs and controlled substances for which prescribing 
 authority has been delegated to the physician assistant. 

    HIST: 1995 c 205 art 1 s 17 

     147A.19 Identification requirements. 

    Physician assistants registered under this chapter shall 
 keep their registration available for inspection at their 
 primary place of business and shall, when engaged in their 
 professional activities, wear a name tag identifying themselves 
 as a "physician assistant." 

    HIST: 1995 c 205 art 1 s 18 

     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.  

    (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. 

    HIST: 1995 c 205 art 1 s 19 

     147A.21 Rulemaking authority. 

    The board shall adopt rules: 

    (1) setting registration fees; 

    (2) setting renewal fees; 

    (3) setting fees for locum tenens permits; 

    (4) setting fees for temporary registration; and 

    (5) establishing renewal dates. 

    HIST: 1995 c 205 art 1 s 20 

     147A.22 Locum tenens permit. 

    The board may grant a locum tenens permit to any applicant 
 who is registered in the state.  The applications for locum 
 tenens permits shall be reviewed at the next scheduled board 
 meeting.  The application shall include a practice setting 
 description.  The maximum duration of a locum tenens permit is 
 one year.  The permit may be renewed annually on a date set by 
 the board. 

    HIST: 1995 c 205 art 1 s 21 

     147A.23 Responding to disaster situations. 

    (a) A registered physician assistant or a physician 
 assistant duly licensed or credentialed in a United States 
 jurisdiction who is responding to a need for medical care 
 created by a state or local disaster may render such care as the 
 physician assistant is able to provide, under the physician 
 assistant's license, registration, or credential, without the 
 need of a physician and physician assistant agreement as 
 required under section 147A.20.  Physician supervision, as 
 required under section 147A.09, must be provided under the 
 direction of an emergency medical director in accordance with 
 rules adopted by the emergency medical services regulatory board 
 under section 144E.16.  The physician assistant must establish a 
 temporary supervisory agreement with an emergency medical 
 director before rendering care. 

    (b) The physician who provides supervision to a physician 
 assistant while the physician assistant is rendering care in a 
 disaster in accordance with this section may do so without 
 meeting the requirements of section 147A.20. 

    (c) The supervising physician who otherwise provides 
 supervision to a physician assistant under a physician and 
 physician assistant agreement described in section 147A.20 shall 
 not be held medically responsible for the care rendered by a 
 physician assistant pursuant to paragraph (a).  Services 
 provided by a physician assistant under paragraph (a) shall be 
 considered outside the scope of the relationship between the 
 supervising physician and the physician assistant. 

    HIST: 1999 c 226 s 1 

     147A.24 Continuing education requirements. 

    Subdivision 1.    Amount of education required.  
 Applicants for registration renewal or reregistration must 
 either attest to and document successful completion of at least 
 50 contact hours of continuing education within the two years 
 immediately preceding registration renewal, reregistration, or 
 attest to and document taking the national certifying 
 examination required by this chapter within the past two years. 

    Subd. 2.    Type of education required.  Approved 
 continuing education equivalent to category 1 credit hours as 
 defined by the American Osteopathic Association Bureau of 
 Professional Education, the Royal College of Physicians and 
 Surgeons of Canada, the American Academy of Physician 
 Assistants, or by organizations that have reciprocal 
 arrangements with the physician recognition award program of the 
 American Medical Association. 

    HIST: 1995 c 205 art 1 s 22 

     147A.25 Continuing education cycles. 

    During each two-year cycle each physician assistant shall 
 obtain 50 hours of continuing medical education credit with at 
 least two hours in the subject of infection control, including 
 blood borne diseases.  "Infection control" means programs, 
 procedures, and methods to reduce the transmission of agents of 
 infection for the purpose of preventing or decreasing the 
 incidence of infectious diseases.  "Blood borne diseases" means 
 diseases that are spread through exposure to, inoculation of, or 
 injection of blood, or through exposure to blood contained in 
 body fluids, tissue, or organs.  Blood borne diseases include 
 infection caused by such agents as the human immunodeficiency 
 virus (HIV) and hepatitis B virus (HBV).  Infection control 
 continuing education credits must be obtained from the category 
 1 activities.  Continuing education in infection control is 
 required for renewal periods beginning on or after October 1, 
 1995.  For initial continuing education periods of less than two 
 years, one continuing education hour in infection control is 
 required for each remaining full year. 

    HIST: 1995 c 205 art 1 s 23 

     147A.26 Procedures. 

    The board shall establish, in writing, internal operating 
 procedures for receiving and investigating complaints, accepting 
 and processing applications, granting registrations, and 
 imposing enforcement actions.  The written internal operating 
 procedures may include procedures for sharing complaint 
 information with government agencies in this and other states.  
 Procedures for sharing complaint information must be consistent 
 with the requirements for handling government data under chapter 
 13. 

    HIST: 1995 c 205 art 1 s 24; 1997 c 187 art 2 s 4 

     147A.27 Physician assistant advisory council. 

    Subdivision 1.    Membership.  The physician assistant 
 advisory council is created and is composed of seven persons 
 appointed by the board.  The seven persons must include: 

    (1) two public members, as defined in section 214.02; 

    (2) three physician assistants registered under this 
 chapter; and 

    (3) two licensed physicians with experience supervising 
 physician assistants. 

    Subd. 2.    Organization.  The council shall be 
 organized and administered under section 15.059, except that the 
 advisory council shall expire on June 30, 2007. 

    Subd. 3.    Duties.  The council shall advise the board 
 regarding: 

    (1) physician assistant registration standards; 

    (2) enforcement of grounds for discipline; 

    (3) distribution of information regarding physician 
 assistant registration standards; 

    (4) applications and recommendations of applicants for 
 registration or registration renewal; and 

    (5) complaints and recommendations to the board regarding 
 disciplinary matters and proceedings concerning applicants and 
 registrants according to sections 214.10; 214.103; and 214.13, 
 subdivisions 6 and 7. 

    The council shall perform other duties authorized for the 
 council by chapter 214 as directed by the board. 

    HIST: 1997 c 120 s 1