Pennsylvania Act 2004-56 — OSTEOPATHIC MEDICAL PRACTICE ACT - LICENSING OF PHYSICIAN ASSISTANTS, RESPIRATORY CARE PERMITS AND CONTINUING EDUCATION

Act text

OSTEOPATHIC MEDICAL PRACTICE ACT - LICENSING OF PHYSICIAN ASSISTANTS,
            RESPIRATORY CARE PERMITS AND CONTINUING EDUCATION
                  Act of Jul. 2, 2004, P.L. 486, No. 56               Cl. 63
                             Session of 2004
                               No. 2004-56

     SB 752

                                  AN ACT

     Amending the act of October 5, 1978 (P.L.1109, No.261), entitled
        "An act requiring the licensing of practitioners of
        osteopathic medicine and surgery; regulating their practice;
        providing for certain funds and penalties for violations and
        repeals," further providing for definitions, for licensing of
        physician assistants and for temporary respiratory care
        permits; and providing for continuing education.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The definitions of "certification" and "physician
     assistant" in section 2 of the act of October 5, 1978 (P.L.1109,
     No.261), known as the Osteopathic Medical Practice Act, are
     amended to read:
      Section 2.  Definitions.
        The following words and phrases when used in this act shall
     have, unless the context clearly indicates otherwise, the
     meanings given to them in this section:
        * * *
        "Certification."  The approval [of individuals by the board
     to serve as physician assistants. It shall also mean the
     approval] of programs by the board for the training and
     education of physician assistants.
        * * *
        "Physician assistant."  A person [certified] licensed by the
     board to assist a physician or group of physicians in the
     provision of medical care and services and under the supervision
     and direction of the physician or group of physicians.
        * * *
        Section 2.  Sections 3 and 5(d) of the act are amended to
     read:
      Section 3.  Practice of osteopathic medicine and surgery
                    without license prohibited.
        It shall be unlawful for any person to engage in the practice
     of osteopathic medicine and surgery, or pretend to a knowledge
     of any branch or branches of osteopathic medicine and surgery,
     or to hold himself out as a practitioner in osteopathic medicine
     and surgery, or to assume the title of Doctor of Osteopathic
     Medicine and Surgery or doctor of any specific disease, or to
     diagnose diseases or to treat diseases by the use of osteopathic
     medicine and surgery or by any other means, or to sign any birth
     or death certificate unless otherwise authorized by law, or to
     hold himself out as able to do so, unless he has received a
     certificate of licensure or permission from the board which
     license shall be recorded in the office of the board. Nothing in
     this act shall be construed to prohibit services and acts
     rendered by a qualified physician assistant, technician or other
     allied medical person if such services and acts are rendered
     under the supervision, direction or control of a licensed
     physician. It shall be unlawful for any person to practice as a
     physician assistant unless [certified] licensed and approved by
     the board. It shall also be unlawful for any physician assistant
     to render medical care and services except under the supervision
     and direction of the supervising physician.
      Section 5.  Standards for osteopathic medical training and
                    facilities.
        * * *
        (d)  Requirements for the certification of training and
     educational programs for licensure of physician assistants shall
     be formulated by the board in accordance with such national
     criteria as are established by national organizations or
     societies as the board may accept.
        Section 3.  Section 10(f), (j) and (m) of the act, amended
     December 20, 1985 (P.L.398, No.108), are amended to read:
      Section 10.  Licenses; exemptions; nonresident practitioners;
                    graduate students; biennial registration and
                    continuing medical education.
        * * *
        (f)  The board shall grant [certification] licensure to
     physician assistants which [certification] licensure shall be
     subject to biennial renewal by the board. The board shall grant
     [certification] licensure to applicants who have fulfilled the
     following criteria:
            (1)  Satisfactory performance on a proficiency
        examination approved by the board.
            (2)  Satisfactory completion of a certified program for
        the training and education of physician assistants approved
        by the board.
            (3)  For candidates for initial licensure after January
        1, 2005, obtainment of a baccalaureate or higher degree from
        a college or university and completion of not fewer than 60
        clock hours of didactic instruction in pharmacology or other
        related courses as the board may approve by regulation.
     In the event that completion of a formal training and
     educational program is a prerequisite to taking the proficiency
     examination, the board shall have the power, if it determines
     that the experience of the applicant is of such magnitude and
     scope so as to render further formal training and education
     nonessential to the applicant in assisting a physician in the
     provision of medical care and services, to waive the training
     and education requirements under this section.
        * * *
        (j)  Nothing in this act shall be construed to permit a
     [certified] licensed physician assistant to practice osteopathic
     medicine without the supervision and direction of a licensed
     physician approved by the appropriate board, but such
     supervision and direction shall not be construed to necessarily
     require the personal presence of the supervising physician at
     the place where the services are rendered.
        * * *
        (m)  The physician assistant being [certified] licensed in
     this act and functioning under the supervision of the physician
     defines his/her status as an employee and subject to the normal
     employer/employee reimbursement procedures.
        * * *
        Section 4.  Section 10.2(b) of the act, added July 2, 1993
     (P.L.418, No.59), is amended and the section is amended by
     adding a subsection to read:
      Section 10.2.  Respiratory care practitioner certificates and
                    permits.
        * * *
        (b)  [Twelve months after the effective date of this section,
     the] The board shall issue temporary permits for the practice of
     respiratory care to individuals who have applied for
     certification from the board and who meet any of the following
     requirements:
            (1)  Graduation from an accredited respiratory care
        training program recognized by the board.
            (2)  Enrollment in an accredited respiratory care
        training program recognized by the board if the individual is
        expected to graduate within 30 days from the date of
        application.
            (3)  Designation as a "Certified Respiratory [Therapy
        Technician"] Therapist" or a "Registered Respiratory
        Therapist" by a nationally recognized credentialing agency
        approved by the board.
            (4)  Continuous provision of respiratory care services
        for a minimum of 12 months immediately preceding the
        effective date of this section.
            (5)  Holding certification, licensure or registration as
        a respiratory care practitioner issued by another state, the
        District of Columbia or a territory of the United States
        where the requirements for licensure, registration or
        certification are substantially similar to those required by
        the board.
        * * *
        (f)  (1)  The board shall adopt, promulgate and enforce rules
        and regulations consistent with the provisions of this act
        establishing requirements of continuing education to be met
        by individuals holding certification as respiratory care
        practitioners under this act as a condition for certificate
        renewal. The regulations shall include any fees necessary for
        the board to carry out its responsibilities under this
        section.
            (2)  Beginning with the license period designated by
        regulation, certificate holders shall be required to attend
        and complete 20 hours of mandatory continuing education
        during each two-year certificate period.
            (3)  An individual applying for the first time for
        certification in this Commonwealth shall be exempted from the
        continuing education requirement for the biennial renewal
        period following initial certification.
            (4)  The board may waive all or a portion of the
        continuing education requirement for biennial renewal for a
        certificate holder who shows to the satisfaction of the board
        that the individual was unable to complete the requirements
        due to serious illness, military service or other
        demonstrated hardship. The request shall be made in writing,
        with appropriate documentation, and shall include a
        description of circumstances sufficient to show why the
        certificate holder is unable to comply with the continuing
        education requirement. Waiver requests shall be evaluated by
        the board on a case-by-case basis. The board shall send the
        certificate holder written notification of its approval or
        denial of a waiver request.
            (5)  A certificate holder seeking to reinstate an
        inactive or lapsed certificate shall show proof of compliance
        with the continuing education requirement for the preceding
        biennium.
            (6)  All courses, locations, instructors and providers
        shall be approved by the board. No credit shall be given for
        any course in office management.
            (7)  The board shall initiate the promulgation of
        regulations to carry out the provisions of this section
        within one year of the effective date of this subsection.
        Section 5.  Section 15(b) and (c) of the act, amended
     December 10, 2001 (P.L.863, No.93), are amended to read:
      Section 15.  Reasons for refusal, revocation or suspension of
                    license.
        * * *
        (b)  The board shall have authority to refuse, revoke or
     suspend the [certification] license of a physician assistant, or
     the certification of a respiratory care practitioner or
     certified athletic trainer for any or all of the following
     reasons:
            (1)  Failing to demonstrate the qualification for
        licensure or certification contained in this act or
        regulations of the board.
            (2)  Making misleading, deceptive, untrue or fraudulent
        representations in his serving as a physician assistant;
        practicing fraud or deceit in obtaining a [certification]
        license to serve as a physician assistant; or making a false
        or deceptive biennial registration with the board.
            (3)  Conviction of a felony in this Commonwealth or any
        other state, territory or country. Conviction as used in this
        paragraph shall include a finding or verdict of guilt, an
        admission of guilt or a plea of nolo contendere, or receiving
        probation without verdict, disposition in lieu of trial, or
        an Accelerated Rehabilitative Disposition in the disposition
        of felony charges.
            (4)  Having his [certification] license to serve as a
        physician assistant revoked or suspended or having other
        disciplinary action taken, or his application for
        [certification] licensure refused, revoked or suspended by
        the proper certifying authority of another state, territory
        or country.
            (5)  Being unable to serve as a physician assistant with
        reasonable skill and safety to the physician's patients by
        reason of illness, drunkenness, excessive use of drugs,
        narcotics, chemicals, or any other type of material, or as a
        result of any mental or physical condition.
            (6)  In enforcing paragraph (5), the board shall, upon
        probable cause, have authority to compel a physician
        assistant to submit to a mental or physical examination by
        physicians designated by it. Failure of a physician assistant
        to submit to such examination shall constitute an admission
        of the allegations against him unless the failure is due to
        circumstances beyond his control, consequent upon which a
        default and final order may be entered without the taking of
        testimony or presentation of evidence. A physician assistant
        affected under this paragraph shall at reasonable intervals
        be afforded an opportunity to demonstrate that he can resume
        the competent assistance of a physician in the physician's
        practice of medicine, with reasonable skill and safety to the
        physician's patients.
            (7)  Violating a lawful regulation promulgated by the
        board or violating a lawful order of the board, previously
        entered by the board in a disciplinary proceeding.
            (8)  Knowingly rendering medical care and services except
        under the supervision and direction of the supervising
        physician.
            (9)  Being guilty of immoral or unprofessional conduct
        shall include any departure from, or the failure to conform
        to, the standards of acceptable and prevailing practice for
        physician assistants, in which proceeding actual injury to a
        patient need not be established.
        (c)  Whenever the board finds that the license or a
     certificate of a person may be refused, revoked or suspended
     under the terms of this act, the board may:
            (1)  Deny the application for a license or certificate.
            (2)  Administer a public or private reprimand.
            (3)  Revoke, suspend, limit, or otherwise restrict a
        license or certificate.
            (4)  Require a licensee [or physician assistant] to
        submit to the care, counseling, or treatment of a physician
        or physicians designated by the board.
            (5)  Suspend enforcement of its finding thereof and place
        a licensee [or physician assistant] on probation with the
        right to vacate the probationary order for noncompliance.
            (6)  Restore or reissue a license to practice osteopathic
        medicine and surgery or [certification] licensure as a
        physician assistant, and impose any disciplinary or
        corrective measure which it might originally have imposed.
        * * *
        Section 6.  Section 16.4(d) of the act, amended May 6, 1987
     (P.L.10, No.3), is amended to read:
      Section 16.4.  Radiologic procedures.
        * * *
        (d)  No auxiliary personnel who has or obtains a license, a
     certificate or registration issued by, or on behalf of, a board
     within the Bureau of Professional and Occupational Affairs or a
     comparable board of another state, or who has obtained
     certification or licensure as the result of satisfactory
     completion of a test and an educational course accredited by an
     accrediting body recognized by the board, shall be required to
     undergo any additional education or testing pursuant to this
     section if radiologic procedures were included in the education
     or the examination which he or she was required to complete
     successfully in order to be eligible for such license,
     certificate, registration or certification.
        * * *
        Section 7.  This act shall take effect in 60 days.

     APPROVED--The 2nd day of July, A. D. 2004.

     EDWARD G. RENDELL