459.022 Physician assistants. ---
(1) LEGISLATIVE INTENT.
(a) The purpose of this section is to encourage the more effective
utilization of the skills of osteopathic physicians by enabling them to
delegate health care tasks to qualified assistants when such delegation is
consistent with the health and welfare of patients.
(b) In order that maximum skills may be obtained within a minimum
time period of education, the physician assistant shall be specialized to the
extent that he can operate efficiently and effectively in the specialty areas
in which he has been trained or is experienced.
(c) This section is established to encourage the utilization of
physician assistants by osteopathic physicians and to allow for innovative
development of programs for the education of physician
assistants.
(2) DEFINITIONS. As used in this section:
(a) "Agency" means the Agency for Health Care
Administration.
(b) "Approved program" means a program for the education of
physician assistants which has been formally approved by the boards.
(c) "Boards" means the Board of Medicine and the Board of
Osteopathic Medicine.
(d) "Council" means the Council on Physician Assistants.
(e) "Trainee" means a person who is currently enrolled in an
approved program.
(f) "Physician assistant" means a person who is a graduate of an
approved program or its equivalent or meets standards approved by the boards
and is certified to perform medical services delegated by the supervising
osteopathic physician.
(g) "Supervision" means responsible supervision and control.
Except in cases of emergency, supervision requires the easy availability or
physical presence of the licensed osteopathic physician for consultation and
direction of the actions of the physician assistant. For the purposes of this
definition, the term "easy availability" includes the ability to
communicate by way of telecommunication by means and under circumstances
approved by the boards by rule. The boards shall further establish rules as
to what constitutes reasonable supervision of the physician assistant.
(h) "Proficiency examination" means an entry-level examination
approved by the boards, including, but not limited to, those examinations
administered by the National Commission on Certification of Physician
Assistants.
(i) "Continuing medical education" means courses recognized and
approved by the boards, the American Academy of Physician Assistants, the
American Medical Association, the American Osteopathic Association, or the
Accreditation Council on Continuing Medical Education.
(3) PERFORMANCE OF SUPERVISING OSTEOPATHIC PHYSICIAN. Every
osteopathic physician or group of osteopathic physicians who supervise
certified physician assistants must be qualified in the medical areas in which
the physician assistant is to perform and shall be individually or
collectively responsible and liable for the performance and the acts and
omissions of the physician assistant. An osteopathic physician may not
supervise more than four currently certified physician assistants at any one
time.
(4) PERFORMANCE OF PHYSICIAN ASSISTANTS.
(a) The boards shall adopt, by rule, the general principles
osteopathic supervising physicians shall use in developing the scope of
practice of a physician assistant under both direct and indirect supervision.
These principles shall recognize the diversity of both specialty and practice
settings in which physician assistants are utilized.
(b) This chapter does not prevent third-party payors from reimbursing
employers of physician assistants for services rendered by certified physician
assistants.
(c) Certified physician assistants may not be denied clinical
hospital privileges, except for cause, so long as the supervising physician is
a staff member in good standing.
(d) A supervisory osteopathic physician may delegate to a certified
physician assistant, pursuant to a written protocol, the authority to act
according to s. 154.04(1)(d). Such delegated authority is limited to the
supervising osteopathic physician's practice in connection with a county
public health unit as defined and established pursuant to chapter 154. The
boards shall adopt rules governing the supervision of physician assistants by
osteopathic physicians in county public health units.
(e) A supervisory osteopathic physician may delegate to a fully
certified physician assistant the authority to prescribe any medication used
in the supervisory osteopathic physician's practice, if such medication is
listed on the formulary created pursuant to s. 458.347. A fully certified
physician assistant may only prescribe such medication under the following
circumstances:
1. A physician assistant must clearly identify to the patient that
he is a physician assistant. Furthermore, the physician assistant must inform
the patient that the patient has the right to see the osteopathic physician
prior to any prescription being prescribed by the physician assistant.
2. The supervisory osteopathic physician must notify the agency of
his intent to delegate, on an agency-approved form, before delegating such
authority and with each certification renewal application filed by the
physician assistant.
3. The physician assistant must file with the agency, before
commencing to prescribe, evidence that he has completed a continuing medical
education course of at least 3 classroom hours in prescriptive practice,
conducted by an accredited program approved by the boards, which course covers
the limitations, responsibilities, and privileges involved in prescribing
medicinal drugs or evidence that he has received education comparable to the
continuing education course as part of an accredited physician assistant
training program. Evidence of having completed an additional 3-hour
continuing education course, or having received comparable education, during
the certificate period must be submitted by a physician assistant with each
certification renewal application.
4. The physician assistant must file with the [Footnote 1] agency,
before commencing to prescribe, evidence that the physician assistant has a
minimum of 3 months of clinical experience in the specialty area of the
supervising osteopathic physician.
5. The physician assistant must file with the agency evidence that
he has completed a minimum of 10 continuing medical education hours in the
specialty practice in which the physician assistant has prescriptive
privileges with each certification renewal application.
6. The agency shall issue certification and a prescriber number to
the physician assistant granting authority for the prescribing of medicinal
drugs authorized within this paragraph upon completion of the foregoing
requirements.
7. The prescription must be written in a form that complies with
chapter 499 and must contain, in addition to the supervisory osteopathic
physician's name, address, and telephone number, the physician assistant's
prescriber number. The prescription must be filled in a pharmacy permitted
under chapter 465, and must be dispensed in that pharmacy by a pharmacist
licensed under chapter 465. The appearance of the prescriber number creates a
presumption that the physician assistant is authorized to prescribe the
medicinal drug and the prescription is valid.
8. The physician assistant must note the prescription in the
appropriate medical record, and the supervisory osteopathic physician must
review and sign each notation. For dispensing purposes only, the failure of
the supervisory osteopathic physician to comply with these requirements does
not affect the validity of the prescription.
9. This paragraph does not prohibit a supervisory osteopathic
physician from delegating to a physician assistant the authority to order
medication for a hospitalized patient of the supervisory osteopathic
physician.
The boards shall adopt the formulary required by s. 458.347 by rule.
Notwithstanding any provision of chapter 120 to the contrary, the formulary
rule shall be effective 60 days after the date it is filed with the Secretary
of State. Upon adoption of the formulary required by s. 458.347, and upon
each addition, deletion, or modification to the formulary by the committee,
the agency shall mail a copy of such formulary to each fully certified
physician assistant licensed pursuant to this chapter. The boards shall
establish, by rule, a fee not to exceed $200 to fund the provisions of this
paragraph. This paragraph does not apply to facilities licensed pursuant to
chapter 395.
(5) PERFORMANCE BY TRAINEES. Notwithstanding any other law, a
trainee may perform medical services when such services are rendered within
the scope of an approved program.
(6) PROGRAM APPROVAL.
(a) The boards shall approve programs for the education and training
of physician assistants which meet standards established by rule of the
boards.
(b) The boards shall adopt and publish standards to ensure that such
programs operate in a manner that does not endanger the health and welfare of
the patients who receive services within the scope of the program. The
council shall review the quality of the curricula, faculties, and facilities
of such programs and take whatever other action is necessary to determine that
the purposes of this section are being met.
(7) PHYSICIAN ASSISTANT CERTIFICATION.
(a) Any person desiring to be certified in this state as a physician
assistant shall apply to the agency. The agency shall issue a certificate to
any person whom one of the boards certifies has met the following
requirements:
1. Is at least 18 years of age.
2. Has satisfactorily passed a proficiency examination by an
acceptable score established by the National Commission on Certification of
Physician Assistants.
3. Has completed the application form and remitted an application
fee not to exceed $250 as set by the boards. An application for certification
made by a physician assistant must include:
a. A certificate of completion of an approved physician assistant
training program.
b. A sworn statement of any prior felony convictions.
c. A sworn statement of any previous revocation or denial of
licensure or certification in any state.
d. Two letters of recommendation.
(b) The certification must be renewed biennially. Each renewal must
include:
1. A renewal fee not to exceed $250 as set by the boards.
2. A sworn statement of no felony convictions in the previous 2
years.
(c) Each certified physician assistant shall biennially complete 100
hours of continuing medical education or shall hold a current certificate
issued by the National Commission on Certification of Physician
Assistants.
(d) Upon employment as a physician assistant, any certified physician
assistant must notify the agency in writing within 30 days after such
employment or after any subsequent changes in the supervising osteopathic
physician. The notification must include the full name, Florida medical
license number, specialty, and address of the supervising osteopathic
physician.
(e) The board may impose any of the penalties specified in ss.
455.227 and 459.015(2) upon a physician assistant if the physician assistant
or the supervising osteopathic physician is found guilty or is being
investigated for any act that constitutes a violation of this chapter.
(f) Notwithstanding subparagraph (a)2., the boards may grant
temporary certification to a recent graduate of an approved program to expire
upon receipt of scores of the proficiency examination administered by the
National Commission on Certification of Physician Assistants. Between
meetings of the council, the agency may grant temporary certification to
practice to physician assistant applicants based on the completion of all
temporary certification requirements. All such issued certifications shall be
reviewed and acted on at the next regular meeting of the council and one of
the boards. The recent graduate may be certified prior to employment but must
comply with paragraph (d). An applicant who has passed the proficiency
examination may be granted permanent certification. An applicant failing the
proficiency examination is no longer temporarily certified but may reapply for
a 1-year extension of temporary certification. An applicant may not be
granted more than two temporary certificates and may not be certified as a
physician assistant until he passes the examination administered by the
National Commission on Certification of Physician Assistants. As prescribed by
board rule, the boards may require an applicant who does not pass the
licensing examination after five or more attempts to complete additional
remedial education or training. The boards shall prescribe the additional
requirements in a manner that permits the applicant to complete the
requirements and be reexamined within 2 years after the date the applicant
petitions the boards to retake the examination a sixth or subsequent
time.
(8) COUNCIL ON PHYSICIAN ASSISTANTS. The Council on Physician
Assistants is created within the Agency for Health Care Administration.
(a) The council shall consist of five members appointed as follows:
1. The chairperson of the Board of Medicine shall appoint three
members who are physicians and members of the Board of Medicine. One of the
physicians must supervise a physician assistant in the physician's
practice.
2. The chairperson of the Board of Osteopathic Medicine shall
appoint one member who is a physician, supervises a physician assistant in the
physician's practice, and is a member of the Board of Osteopathic
Medicine.
3. The head of the agency or his designee shall appoint a fully
certified physician assistant licensed under chapter 458 or this
chapter.
(b) Two of the members appointed to the council must be physicians
who supervise physician assistants in their practice. Members shall be
appointed to terms of 4 years, except that of the initial appointments, two
members shall be appointed to terms of 2 years, two members shall be appointed
to terms of 3 years, and one member shall be appointed to a term of 4 years,
as established by rule of the boards. Council members may not serve more than
two consecutive terms. The council shall annually elect a chairperson from
among its members.
(c) The council shall:
1. Recommend to the agency the certification of physician
assistants.
2. Develop rules regulating the use of physician assistants by
physicians under chapter 458 and this chapter, except for rules relating to
the formulary developed under s. 458.347(4)(f). The council shall also develop
rules to ensure the continuity of supervision is maintained in each practice
setting. The boards shall consider adopting a proposed rule developed by the
council at the regularly scheduled meeting immediately following the
submission of the proposed rule by the council. A proposed rule submitted by
the council may not be adopted by either board unless both boards have
accepted and approved the identical language contained in the proposed rule.
The language of all proposed rules submitted by the council must be approved
by both boards pursuant to each respective board's guidelines and standards
regarding the adoption of proposed rules. If either board rejects the
council's proposed rule, that board must specify its objection to the council
with particularity and include any recommendations it may have for the
modification of the proposed rule.
3. Make recommendations to the boards regarding all matters relating
to physician assistants.
4. Address concerns and problems of practicing physician assistants
in order to improve safety in the clinical practices of certified physician
assistants.
(9) PENALTY. Any person who has not been certified by the
boards and approved by the agency and who holds himself out as a physician
assistant or who uses any other term in indicating or implying that he is a
physician assistant commits a felony of the third degree, punishable as
provided in s. 775.082 or s. 775.084 or by a fine not exceeding
$5,000.
(10) DENIAL, SUSPENSION, OR REVOCATION OF CERTIFICATION. The
boards may deny, suspend, or revoke a physician assistant certification if a
board determines that the physician assistant has violated this
chapter.
(11) RULES. The boards shall adopt rules necessary for the
administration of the physician assistant process. Further, the boards shall
adopt rules detailing the contents of the application for certification and
notification pursuant to subsection (7). The boards shall adopt rules to
ensure both the continued competency of physician assistants and the proper
utilization of them by osteopathic physicians or groups of
physicians.
(12) EXISTING PROGRAMS. This section does not eliminate or
supersede existing laws relating to other paramedical professions or services.
It is the intent of this section to supplement, and be in addition to, all
such existing programs relating to the certification and practice of
paramedical professions, as authorized by law.
(13) LIABILITY. All osteopathic physicians or physician
groups utilizing physician assistants are liable for any acts or omissions of
physician assistants acting under their supervision and control.
(14) LEGAL SERVICES. The Department of Legal Affairs shall
provide legal services to the council as authorized in s.
455.221(1).
(15) FEES. The agency shall allocate the fees collected under
this chapter to the appropriate board.
History: ss. 1, 6, ch. 79-230; s. 309, ch. 81-259; ss. 2, 3, ch. 81-318; ss. 22,
27, 29, 31, ch. 86-290; s. 37, ch. 88-1; s. 16, ch. 88-277; s. 5, ch. 88-361;
s. 28, ch. 89-162; s. 3, ch. 91-22; ss. 4, 5, ch. 91-429; s. 4, ch. 92-22; s.
91, ch. 92-149; s. 112, ch. 94-218; s. 2, ch. 95-231.
[Footnote 1] Note. The word "agency" was inserted by the
editors to provide contextual consistency within s. 459.022, as amended by s.
2, ch. 95-231, and with similar language relating to physician assistants in
s. 458.347(4)(e)4., as amended by s. 1, ch. 95-231.