71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2313
 
                           A-Engrossed
 
                         Senate Bill 570
                  Ordered by the Senate April 6
            Including Senate Amendments dated April 6
 
Sponsored by Senator FISHER; Senator CARTER, Representative
  MORRISETTE (at the request of Oregon Society of Physician
  Assistants)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Modifies conditions under which physician assistants may
provide medical services.
   { +  Sunsets January 2, 2006. + }
 
                        A BILL FOR AN ACT
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
  (c) If the person is licensed as a physician assistant as
provided by ORS 677.495 and 677.505 to 677.525.
  (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;
  (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
  (c) If the person is licensed as a physician assistant as
provided by ORS 677.495 and 677.505 to 677.525.
  (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; + }
    { - (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.
  (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 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. + }
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