Chapter 119 Oregon Laws 1999

Session Law

AN ACT

SB 264

Relating to physician assistant supervision; amending ORS 677.495, 677.510 and 677.515.

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

SECTION 1. 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) "Medically disadvantaged area" means an area of the state designated by the Director of Human Resources to be in need of primary health care providers.]

[(3)] (2) "Physician assistant" means a person who is registered as a physician assistant in accordance with ORS 677.505 to 677.525.

[(4)] (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) but the description shall not require the physical presence at all times of the supervising physician.

SECTION 2. ORS 677.510 is amended to read:

677.510. (1) A person licensed to practice medicine under this chapter shall not use the services of a physician assistant without the prior approval of the Board of Medical Examiners. The application shall state the name of the physician assistant, describe the manner and extent to which the physician assistant's services would be used and supervised, state the education, training and experience of the physician assistant and provide such other information in such a form as the board may require.

(2) The board may approve or reject an application, or it may modify the proposed use of the services of the assistant and approve the application as modified. Approval shall be valid for no more than one year but may be renewed annually. When it appears to the board that the services of a physician assistant are being used in a manner inconsistent with the approval granted, the board may withdraw its approval. If a hearing is requested by the physician or the physician assistant upon the rejection of an application, or upon the withdrawal of an approval, a hearing shall be conducted in accordance with ORS 677.200.

(3) The supervising physician may have a different specialty from the physician assistant. A physician assistant may be supervised by no more than four physicians. A physician may supervise two physician assistants. However, in population groups federally designated as underserved, or [that are] in geographic areas of the state that are federally designated health professional shortage areas, federally designated medically underserved areas or areas [designated as medically underserved] designated as medically disadvantaged and in need of primary health care providers by the Director of Human Resources or the Office of Rural Health, a physician may supervise four physician assistants. The board may review and approve applications from physicians serving federally designated underserved populations, or physicians in federally designated health professional shortage areas, federally designated medically underserved areas or areas [designated as medically underserved] designated as medically disadvantaged and in need of primary health care providers by the Director of Human Resources or the Office of Rural Health to supervise more than four physician assistants, and applications from physician assistants to be supervised by more than four physicians. A physician assistant may render services in an emergency room and other hospital settings, a nursing home, a corrections institution and any site included in the practice description.

(4) A certified physician assistant may make application to the board for emergency drug dispensing authority. The board shall consider the criteria adopted by the Physician Assistant Committee under ORS 677.545 (4) in reviewing the application. Such emergency dispensing shall be of drugs prepared by a licensed pharmacist.

SECTION 3. 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 a training program, 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 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 training 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 the 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 the supervising physician does not regularly practice only if the following conditions exist:

(a) The medical care setting is located in [a medically disadvantaged area] 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 Resources or the Office of Rural Health;

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

(c) The medical services provided by the physician assistant are reviewed by the 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 [medically disadvantaged areas] 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 Resources 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.

Approved by the Governor April 23, 1999

Filed in the office of Secretary of State April 23, 1999

Effective date October 23, 1999

__________