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                                                      PRINTER'S NO. 4620

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2961 Session of 2004


        INTRODUCED BY HARRIS, BALDWIN, BELFANTI, BENNINGHOFF, CAPPELLI,
           FAIRCHILD, FLEAGLE, GINGRICH, GOOD, HARHART, HARPER, HORSEY,
           LEWIS, MYERS, O'NEILL, REICHLEY, SAYLOR, SOLOBAY, STERN,
           THOMAS, WILT, YOUNGBLOOD AND PAYNE, NOVEMBER 9, 2004

        REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
           NOVEMBER 9, 2004

                                     AN ACT

     1  Amending the act of December 20, 1985 (P.L.457, No.112),
     2     entitled "An act relating to the right to practice medicine
     3     and surgery and the right to practice medically related acts;
     4     reestablishing the State Board of Medical Education and
     5     Licensure as the State Board of Medicine and providing for
     6     its composition, powers and duties; providing for the
     7     issuance of licenses and certificates and the suspension and
     8     revocation of licenses and certificates; providing penalties;
     9     and making repeals," further providing for physician
    10     assistant supervision.

    11     The General Assembly of the Commonwealth of Pennsylvania
    12  hereby enacts as follows:
    13     Section 1.  Section 13(e) of the act of December 20, 1985
    14  (P.L.457, No.112), known as the Medical Practice Act of 1985, is
    15  amended and the section is amended by adding subsections to
    16  read:
    17  Section 13.  Physician assistants.
    18     * * *
    19     (e)  Written agreement.--A physician assistant shall not
    20  provide a medical service without a written agreement with one


     1  or more physicians which provides for all of the following:
     2         (1)  Identifies and is signed by each physician the
     3     physician assistant will be assisting.
     4         (2)  Describes the manner in which the physician
     5     assistant will be assisting each named physician.
     6         (3)  Describes the nature and degree of supervision and
     7     direction each named physician will provide the physician
     8     assistant.
     9         (4)  Designates one of the named physicians as having the
    10     primary responsibility for supervising and directing the
    11     physician assistant.
    12         (5)  Has been approved by the board as satisfying the
    13     foregoing and as consistent with the restrictions contained
    14     in or authorized by this section.
    15  [A physician assistant shall not assist a physician in a manner
    16  not described in the agreement or without the nature and degree
    17  of supervision and direction described in the agreement. The
    18  physician designated as having primary responsibility for the
    19  physician assistant shall not have primary responsibility for
    20  more than two physician assistants.]
    21     (e.1)  Manner of assistance.--A physician assistant shall not
    22  assist a physician in a manner not prescribed in the agreement
    23  or without the nature and degree of supervision and direction
    24  described in the agreement set forth in subsection (e).
    25     (e.2)  Number of physician assistants.--Except as provided in
    26  this subsection, the physician designated as having primary
    27  responsibility for the physician assistant shall not have
    28  primary responsibility for more than two physician assistants.
    29  However, a physician may make written application to the board
    30  to supervise no more than four physician assistants if a
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     1  hardship to patients in terms of access to health care would
     2  result from limiting the number of physician assistants to two.
     3  The board may allow a physician to supervise up to four
     4  physician assistants for a period of not more than a total of
     5  180 days. The board shall notify the physician of its decision
     6  in writing by registered mail. Within two years of the effective
     7  date of this subsection, the board shall promulgate regulations
     8  necessary to carry out the provisions of this subsection.
     9     * * *
    10     Section 2.  This act shall take effect in 60 days.














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