Chapter 744 Oregon Laws 2001

AN ACT

SB 570

Relating to medical services provided by physician assistants; creating new provisions; and amending ORS 677.495 and 677.515.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 677.515 is amended to read:

677.515. (1) This chapter does not prohibit a person from rendering medical services:

(a) If the person has satisfactorily completed an educational program for physician assistants, approved by the Board of Medical Examiners for the State of Oregon, for physician assistants;

(b) If the services are rendered under the supervision and control of a person licensed under this chapter to practice medicine and the use of the physician assistant's services has been approved by the board as provided by ORS 677.510; and

(2) This chapter does not prohibit a student enrolled in an approved program for educating physician assistants from rendering medical services if the services are rendered in the course of the program.

(3) Notwithstanding subsections (1) and (2) of this section, the degree of independent judgment that a physician assistant may exercise shall be determined by the supervising physician and the physician assistant in accordance with a practice description approved by the board.

(4) A physician assistant may provide medical services to [ambulatory] patients in a [medical care] setting where a supervising physician does not regularly practice [only] if the following conditions exist:

[(a) The medical care setting is located in population groups federally designated as underserved, or in geographic areas of the state that are federally designated health professional shortage areas, federally designated medically underserved areas or areas designated as medically disadvantaged and in need of primary health care providers by the Director of Human Services or the Office of Rural Health;]

[(b)] (a) Direct communication either in person or by telephone, radio, radiotelephone, television or similar means is maintained; and

[(c)] (b) The medical services provided by the physician assistant are reviewed by a supervising physician on a regularly scheduled basis as determined by the board.

(5) A supervising physician, upon the approval of the board and in accordance with the rules established by the board, may delegate to the physician assistant the authority to administer and dispense limited emergency medications and to prescribe medications pursuant to this section and ORS 677.535 to 677.545. Neither the board nor the Physician Assistant Committee shall limit the privilege of administering, dispensing and prescribing to population groups federally designated as underserved, or to geographic areas of the state that are federally designated health professional shortage areas, federally designated medically underserved areas or areas designated as medically disadvantaged and in need of primary health care providers by the Director of Human Services or the Office of Rural Health. All prescriptions written pursuant to this subsection shall bear the name, office address and telephone number of the supervising physician.

(6) Nothing in this chapter is intended to require or prohibit a physician assistant from practicing in a hospital licensed pursuant to ORS 441.015 to 441.097.

(7) Prescriptions for medications prescribed by a physician assistant in accordance with this section and ORS 475.005, 677.010, 677.500, 677.510 and 677.535 to 677.545 and dispensed by a licensed pharmacist may be filled by the pharmacist according to the terms of the prescription, and the filling of such a prescription shall not constitute evidence of negligence on the part of the pharmacist if the prescription was dispensed within the reasonable and prudent practice of pharmacy.

SECTION 2. ORS 677.515, as amended by section 1 of this 2001 Act, is amended to read:

677.515. (1) This chapter does not prohibit a person from rendering medical services:

(a) If the person has satisfactorily completed an educational program for physician assistants, approved by the Board of Medical Examiners for the State of Oregon, for physician assistants;

(4) A physician assistant may provide medical services to ambulatory patients in a medical care setting where a supervising physician does not regularly practice only if the following conditions exist:

(a) The medical care setting is located in population groups federally designated as underserved, or in geographic areas of the state that are federally designated health professional shortage areas, federally designated medically underserved areas or areas designated as medically disadvantaged and in need of primary health care providers by the Director of Human Services or the Office of Rural Health;

[(a)] (b) Direct communication either in person or by telephone, radio, radiotelephone, television or similar means is maintained; and

[(b)] (c) The medical services provided by the physician assistant are reviewed by a supervising physician on a regularly scheduled basis as determined by the board.

(6) Nothing in this chapter is intended to require or prohibit a physician assistant from practicing in a hospital licensed pursuant to ORS 441.015 to 441.097.

SECTION 3. ORS 677.495 is amended to read:

677.495. As used in ORS 677.495 to 677.545, unless the context requires otherwise:

(1) “Committee” means the Physician Assistant Committee created in ORS 677.540.

(2) “Physician assistant” means a person who is licensed in accordance with ORS 677.505 to 677.525.

(3) “Supervision” means the routine direction and regular review by the supervising physician, as determined to be appropriate by the Board of Medical Examiners for the State of Oregon, of the medical services provided by the physician assistant. The practice description shall provide for the maintenance of direct, verbal communication either in person or by means described in ORS 677.515 [(4)(b)] (4)(a) but the description shall not require the physical presence at all times of the supervising physician.

SECTION 4. ORS 677.495, as amended by section 3 of this 2001 Act, is amended to read:

677.495. As used in ORS 677.495 to 677.545, unless the context requires otherwise:

(1) “Committee” means the Physician Assistant Committee created in ORS 677.540.

(2) “Physician assistant” means a person who is licensed in accordance with ORS 677.505 to 677.525.

(3) “Supervision” means the routine direction and regular review by the supervising physician, as determined to be appropriate by the Board of Medical Examiners for the State of Oregon, of the medical services provided by the physician assistant. The practice description shall provide for the maintenance of direct, verbal communication either in person or by means described in ORS 677.515 [(4)(a)] (4)(b) but the description shall not require the physical presence at all times of the supervising physician.

SECTION 5. The amendments to ORS 677.495 and 677.515 by sections 2 and 4 of this 2001 Act become operative on January 2, 2006.

Approved by the Governor July 4, 2001

Filed in the office of Secretary of State July 4, 2001

Effective date January 1, 2002

__________