TITLE 5
Businesses and Professions
CHAPTER 5-54
Physician Assistants
SECTION 5-54-2
§ 5-54-2 Definitions.
As used in this chapter, the following words have the following meanings:
(1) "Administrator" means the administrator, division of
professional regulation.
(2) "Approved program" means a program for the education and
training of physician assistants formally approved by the American Medical
Association's (A.M.A.'s) Committee on Allied Health, Education and
Accreditation, its successor, the Commission on Accreditation of Allied Health
Education Programs (CAAHEP) or its successor.
(3) "Approved program for continuing medical education" means
a program for continuing education approved by the American Academy of
Physician Assistants (AAPA) or the Accreditation Council for Continuing Medical
Education of the American Medical Association (AMA), or the American Academy of
Family Physicians (AAPFP) or the American Osteopathic Association Committee on
Continuing Medical Education (AOACCME) or any other board approved program.
(4) "Board" means the board of licensure of physician
assistants.
(5) "Director" means the director of the department of health.
(6) "Division" means the division of professional regulation,
department of health.
(7) [Deleted by P.L. 2013, ch. 320, § 1 and P.L.
2013, ch. 420, § 1].
(8) "Physician" means a person licensed under the provisions
of chapter 29 or 37 of this title.
(9) "Physician assistant" means a person who is qualified by
academic and practical training to provide those certain patient services under
the supervision, control, responsibility and direction of a licensed physician.
(10) "Supervision" means overseeing the activities of, and
accepting the responsibility for the medical services rendered by the physician
assistants. Supervision is continuous, and under the direct control of a
licensed physician expert in the field of medicine in which the physician
assistants practice. The constant physical presence of the supervising
physician or physician designee is not required. It is the responsibility of
the supervising physician and physician assistant to assure an appropriate
level of supervision depending on the services being rendered. Each physician
or group of physicians, or other health care delivery organization excluding
licensed hospital or licensed health care facilities controlled or operated by
a licensed hospital employing physician assistants must have on file at the
primary practice site a copy of a policy in the form of an agreement between
the supervising physicians and physician assistants delineating:
(i) The level of supervision provided by the supervising
physician or designee with particular reference to differing levels of
supervision depending on the type of patient services provided and requirements
for communication between the supervising physician or designee and the
physician assistant.
(ii) A job description for the physician assistant listing
patient care responsibilities and procedures to be performed by the physician
assistant.
(iii) A program for quality assurance for physician assistant
services including requirements for periodic review of the physician assistant
services.
(iv) Requirements for supervision of physician assistants
employed or extended medical staff privileges by licensed hospitals or other
licensed health care facilities or employed by other health care delivery
agencies shall be delineated by the medical staff by laws and/or applicable
governing authority of the facility.
(v) The supervising physician or physician designee must be
available for easy communication and referral at all times.
(11) "Unprofessional conduct" includes, but is not limited
to, the following items or any combination and may be defined by regulations
established by the board with prior approval of the director:
(i) Fraudulent or deceptive procuring or use of a license;
(ii) Representation of himself or herself as a physician;
(iii) Conviction of a crime involving moral turpitude;
conviction of a felony; conviction of a crime arising out of the practice of
medicine. All advertising of medical business, which is intended or has a
tendency to deceive the public;
(iv) Abandonment of a patient;
(v) Dependence upon a controlled substance, habitual
drunkenness, or rendering professional services to a patient while intoxicated
or incapacitated by the use of drugs;
(vi) Promotion of the sale of drugs, devices appliances, or
goods or services provided for a patient in a manner that exploits the patient
for the financial gain of the physician assistant;
(vii) Immoral conduct of a physician assistant in the
practice of medicine;
(viii) Willfully making and filing false reports or records;
(ix) Willful omission to file or record or willfully impeding
or obstructing a filing or recording, or inducing another person to omit to
file or record medical or other reports as required by law;
(x) Agreeing with clinical or bioanalytical laboratories to
accept payments from these laboratories for individual tests or test series for
patients;
(xi) Practicing with an unlicensed physician or physician
assistant or aiding or abetting these unlicensed persons in the practice of
medicine;
(xii) Offering, undertaking or agreeing to cure or treat a
disease by a secret method, procedure, treatment or medicine;
(xiii) Professional or mental incompetence;
(xiv) Surrender, revocation, suspension, limitation of
privilege based on quality of care provided, or any other disciplinary action
against a license or authorization to practice in another state or
jurisdiction; or surrender, revocation, suspension, or any other disciplinary
action relating to membership on any medical staff or in any medical
professional association, or society while under disciplinary investigation by
any of those authorities or bodies for acts or conduct similar to acts or
conduct which would constitute grounds for action as stated in this chapter;
(xv) Any adverse judgment, settlement, or award arising from
a medical liability claim related to acts or conduct, which would constitute
grounds for action as stated in this chapter;
(xvi) Failure to furnish the board, the administrator,
investigator or representatives, information legally requested by the board;
(xvii) Violation of any provisions of this chapter or the
rules and regulations promulgated by the director or an action, stipulation, or
agreement of the board;
(xviii) Cheating or attempting to subvert the certifying
examination;
(xix) Violating any state or federal law or regulation
relating to controlled substances;
(xx) Medical malpractice;
(xxi) Sexual contact between a physician assistant and
patient during the existence of the physician assistant/patient relationship;
(xxii) Providing services to a person who is making a claim
as a result of a personal injury, who charges or collects from the person any
amount in excess of the reimbursement to the physician assistant by the insurer
as a condition of providing or continuing to provide services or treatment.
History of Section.
(P.L. 1976, ch. 274, § 1; P.L. 1982, ch. 94, § 1; P.L. 1988, ch. 150,
§ 1; P.L. 1991, ch. 72, § 1; P.L. 1991, ch. 358, § 1; P.L. 1995,
ch. 42, § 1; P.L. 1996, ch. 353, § 1; P.L. 1998, ch. 364, § 1;
P.L. 1999, ch. 465, § 8; P.L. 2004, ch. 119, § 1; P.L. 2004, ch. 152,
§ 1; P.L. 2013, ch. 320, § 1; P.L. 2013, ch. 420, § 1.)