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Delaware General Assembly· HB 325Signed

Physician Associates/Change in DE Code, the official text

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SPONSOR: Rep. Berry & Sen. Poore
                                                                    Reps. Minor-Brown, Morrison, Neal, Romer, Gorman,
                                                                    Hilovsky; Sens. Huxtable, Pinkney

                  HOUSE OF REPRESENTATIVES
                    153rd GENERAL ASSEMBLY

                  HOUSE BILL NO. 325

    AN ACT TO AMEND THE DELAWARE CODE RELATING TO PHYSICIAN ASSOCIATES AND PHYSICIAN
    ASSISTANTS.

    BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

1   Section 1. Amend Subchapter VI, Chapter 17, Title 24 of the Delaware Code by making deletions as shown by

2 strike through and insertions as shown by underline as follows:

3   Subchapter VI. Physician Assistants Associates

4   § 1770. The Regulatory Council for Physician Assistants. Associates.

5   (a) The Regulatory Council for Physician Assistants Associates (Council) shall consist of 7 voting members, 1 of

6 whom is a physician member appointed by the Board, 1 of whom is a physician who regularly collaborates with physician

7 assistants associates appointed by the Board, and 1 of whom is a pharmacist appointed by the Board of Pharmacy. The

8 remaining 4 members, recommended by the Council and appointed by the Board, must be practicing physician assistants,

9 associates, subject to the same causes for removal as a physician member of the Board except that the requirement for

10 certification and registration to practice medicine is replaced by licensure to practice medicine as a physician assistant.

11 associate. The Council may elect officers as necessary and recommend Council members to the Governor for appointment

12 to the Board.

13  (b) Each Council member shall be must be appointed for a term of 3 years and may succeed oneself for 1

14 additional 3-year term. A person appointed to fill a vacancy on the Council is entitled to hold office for the remainder of the

15 unexpired term of the former member. Each term of office expires on the date specified in the appointment; however, a

16 member whose term of office has expired remains eligible to serve until replaced by the Board. A person who has never

17 served on the Council may be appointed for 2 consecutive terms, but that person is thereafter ineligible for appointment to

18 the Council except as hereinafter provided. A person who has twice been appointed to the Council or who has served on the

19 Council for 6 years within any 9-year period may not again be appointed until an interim period of at least 1 year has

20 expired since the person last served. The members of the Council are to be compensated at an appropriate and reasonable

21 level as determined by the Division of Professional Regulation and may be reimbursed for meeting-related travel expenses

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22 at the State’s approved rate. A member serving on the Council may not be an elected officer or a member of the board of

23 directors of any professional association of physician assistants. associates.

24  (c) The Council, in accordance with the Administrative Procedures Act [Chapter 101 of Title 29], shall promulgate

25 rules and regulations governing the practice of physician assistants, associates, subject to approval of the Board. The Board

26 must approve or disapprove any proposed rule or regulation within 60 days of submission by the Council. If the Board fails

27 to approve or disapprove the proposed rules or regulations within 60 days, the proposed rule or regulation is deemed

28 approved by the Board.

29  (d) The Council shall must meet at least on a quarterly basis and at other such times as license applications are

30 pending. The Council shall evaluate the credentials of all applications for licensure as a physician assistant associate in this

31 State, in order to determine whether the applicant meets the qualifications for licensure set forth in this chapter. The

32 Council shall present to the Board the names of individuals qualified for licensing, shall review and consider disciplinary

33 complaints and recommend disciplinary action against licensees as necessary, and shall suggest changes in operations or

34 regulations.

35  (e) The Regulatory Council for Physicians Physician Assistants, Associates, by the affirmative vote of 4 of its

36 members and with the approval of the Board within 30 days of the vote, may waive the quarterly meeting requirements of

37 this subchapter.

38  § 1770A. Physician assistants; associates; definitions.

39  For purposes of this subchapter:

40               (1) “Collaborating physician” means physicians means a physician licensed by the Board who practices with a

41  physician assistant associate using a Collaborative Agreement.

42               (2) “Collaboration” or “collaborating” means a process in which the physician who oversees patient services

43  and the physician assistant associate jointly contribute to the healthcare and medical evaluation and treatment or

44  management of patients with each performing actions the physician and physician assistant associate is individually

45  licensed for and has the education, training, and experience to perform. The collaborating physician must be available

46  for consultation with the physician assistant associate during the time of the patient encounter with the physician

47  assistant, associate, if necessary to provide advice on the ongoing care of the patient. The constant physical presence of

48  thecollaborating the collaborating physician is not required on-site in the practice setting, provided that the

49  collaborating physician is readily accessible by some form of electronic communication.

50               (3) “Collaborative agreement” means a written document expressing an arrangement of collaboration between

51  a licensed physician and a physician assistant. associate.

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52               (4) “Independent practice” means practice and prescribing by a licensed physician associate who is not subject

53  to a collaborative agreement to the full extent of the physician associate’s education, training, and experience.

54               (4) (5) “Physician assistant” assistant,” “physician associate,” or “PA” means an individual who meets all of

55  the following:

56                a. Has graduated from a physician assistant assistant, physician associate, or surgeon assistant program

57  which is accredited by the Accreditation Review Commission on Education for the Physician Assistant (ARC-PA)

58  or, before 2001, by the Committee on Allied Health Education and Accreditation (CAHEA) of the American

59  Medical Association (AMA), or a successor agency acceptable to and approved by the Board, or has passed the

60  Physician Assistant National Certifying Examination administered by the National Commission on Certification of

61  Physician Assistants before 1986.

62                c. Has passed a national certifying examination acceptable to the Regulatory Council for Physician

63  Assistants Associates and approved by the Board.

64                d. Is licensed under this chapter to practice medicine as a physician assistant. associate.

65                f. Completes a collaborative agreement with the collaborating physician.

66  § 1771. Physician’s role in collaborating with a physician assistant. associate.

67  (a) A collaborating physician who collaborates with a physician assistant must be available for consultation with

68 the physician assistant. associate. It is the obligation of each team of physician(s) physicians and physician assistant(s)

69 associates to ensure that the physician assistant’s associate’s scope of practice is identified, and is appropriate to the

70 physician assistant’s associate’s level of education, training, and experience, that the relationship of, and access to, the

71 collaborating physician is defined, and that a process for evaluation of the physician assistant’s associate’s performance is

72 established.

73  (b) Each physician-physician assistant associate team, hospital, clinic, medical group, or other healthcare facility

74 shall be is responsible for creating a written collaborative agreement, which shall must be kept on file at the primary

75 location where the physician assistant associate provides care, describing the information required by subsection (a) of this

76 section. The written collaborative agreement shall be made available to the Board or the Council upon request.

77  (e) A collaborating physician may not assign medical acts to a physician assistant associate that exceed the

78 physician’s license.

79  (f) A collaborating physician may not at any given time collaborate with more than 4 physician assistants,

80 associates, unless a regulation of the Board increases or decreases the number. This limit does not apply to physicians and

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81 physician assistants associates who practice in the same physical office or facility building, such as an emergency

82 department so long as there is active, physician coverage.

83   (g) A physician who collaborates with a physician assistant associate in violation of the provisions of this

84 subchapter or of regulations adopted pursuant to this subchapter is subject to disciplinary action by the Board of Medical

85 Licensure and Discipline for permitting the unauthorized practice of medicine.

86   (h) Hospitals, clinics, medical groups and other healthcare facilities may employ physician assistants associates

87 subject to subsection (f) of this section.

88   (i) If the collaborating physician is not routinely present the physician must assure that the means and methods of

89 collaboration are adequate to assure appropriate patient care. This may include telecommunication, chart review, or other

90 methods of communication and oversight that are appropriate to the care setting and the education, training training, and

91 experience of the physician assistant. associate.

92   § 1772. Prohibited acts by a physician assistant. associate.

93   (a) A physician assistant associate may not maintain or manage a location that does not have oversight by the

94 physician assistant’s associate’s collaborating physician.

95   (e) Nothing in this chapter may be construed to authorize a physician assistant associate with less than 6,000 hours

96 of post-graduate clinical practice to practice independent of a collaborating physician.

97   (f) Except as otherwise provided in this chapter or in a medical emergency, a physician assistant associate may not

98 perform any medical act without a collaborative agreement.

99   (g) A physician assistant associate may not practice as a member of any other health profession regulated under

100 this code unless the physician assistant associate is certified, licensed, registered, or otherwise authorized to practice the

101 other profession.

102  (h) A physician associate may not practice as a member of any other health profession regulated under this code

103 unless the means and methods of collaboration are adequate to assure appropriate patient care. This may include

104 telecommunication, chart review, or other methods of communication and oversight that are appropriate to the care setting

105 and the education, training, and experience of the physician associate.

106  (i) A Delaware licensed physician associate with more than 6,000 post-graduate clinical practice hours who has

107 been granted independent practice authority is not subject to this section and must collaborate with, consult with, or refer to

108 the appropriate member of the healthcare team as indicated by the patient’s condition, and the education, experience, and

109 competency of the physician associate.

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110  (j) Any Delaware licensed physician associate with more than 6,000 post-graduate clinical practice hours who

111 intends to practice without a collaborative agreement must apply to the Regulatory Council for Physician Associates for

112 independent practice authority.

113  § 1773. Regulation of physician assistants. associates.

114  (a) The Council shall must adopt rules and regulations which address the following:

115  (1) The licensing of physician assistants associates to allow: allow the following:

116                a. The practice of medicine within the education, training, and experience of physician assistants; and

117  associates.

118                b. The performance of medical services customary to the practice of the collaborating physician; services.

119  (2) Medical acts provided by physician assistants associates to include: include the following:

120                a. The performance of complete patient histories and physical examinations; examinations.

121                b. The recording of patient progress notes in an in-patient or out-patient setting; setting.

122                c. The ordering, relaying, transcribing, or executing of specific diagnostic or therapeutic orders or

123  procedures; procedures.

124                d. Medical acts of diagnosis and prescription of therapeutic drugs and treatments; and referral of patients

125  to specialists as needed; needed.

126                e. Prescriptive authority for therapeutic drugs and treatments within the scope of physician assistant

127  associate practice. The physician assistant’s associate’s prescriptive authority and authority to practice as a

128  physician assistant associate are subject to biennial renewal upon application to the Physician Assistant Associate

129  Regulatory Council; and Council.

130                f. The use of telemedicine as defined in this chapter and, as further described in regulation, the use of and

131  participation in telehealth.

132  (3) The verification of post-graduate clinical practice hours for physician associates with more than 6,000

133  post-graduate clinical practice hours.

134  (4) Creating an application for physician associates with more than 6,000 post-graduate clinical practice hours

135  to request independent practice authority. The application form for physician associates who intend to practice in a

136  setting with at least 1 licensed Delaware physician in the group, practice, or health system, must require a physician

137  associate to provide at least the physician associate's name, license number, physical location of the practice, mailing

138  address, phone number, primary area of medical practice, and proof of required post-graduate clinical practice hours.

139  The application form for a physician associate who intends to practice in a setting without at least 1 licensed Delaware

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140  physician in the group, practice, or health system must require a physician associate to provide at least the physician

141  associate's name, license number, physical location of the practice, mailing address, phone number, primary area of

142  medical practice, proof of required post-graduate clinical practice hours, and proof that they have had training which

143  aligns to their practice areas.

144  (5) Creating a process for physician associates who are practicing in a setting without at least 1 licensed

145  Delaware physician in the group, practice, or health system, and have been granted independent practice authority, to

146  notify the Physician Associates Regulatory Council prior to a change of the physician associate’s practice area and

147  provide proof the physician associate has had training which aligns to the new practice area.

148  (6) The conditions under which a physician associate who is denied a waiver of the collaborative agreement

149  requirement may reapply.

150  (b) (1) The Board, in conjunction with the Regulatory Council for Physician Assistants, Associates, shall must

151 suspend, revoke, or restrict the license of a physician assistant associate or take disciplinary action or other action against a

152 physician assistant associate for engaging in unprofessional conduct as defined in § 1731(b) of this title; or for the inability

153 to render medical acts with reasonable skill or safety to patients because of the physician assistant’s associate’s physical,

154 mental, or emotional illness or incompetence, including but not limited to: deterioration through the aging process, or loss

155 of motor skills, or excessive use of drugs, including alcohol; or for representing oneself as a physician, or for knowingly

156 allowing oneself to be represented as a physician; for failing to report in writing to the Board within 30 days of becoming

157 aware of any physician, physician assistant, associate, or healthcare provider who the licensee reasonably believes has

158 engaged in unprofessional conduct as defined in § 1731(b) of this title or is unable to act with reasonable skill or safety to

159 patients because of the physician’s, physician assistant’s, associate’s, or other healthcare provider’s physical, mental, or

160 emotional illness or incompetence, including but not limited to deterioration through the aging process, or loss of motor

161 skills, or excessive use of drugs, including alcohol alcohol, or for failing to report child abuse and neglect as required by § 

162 903 of Title 16. The license of any physician assistant associate who is convicted of a felony sexual offense shall must be

163 revoked. Disciplinary action or other action undertaken against a physician assistant associate must be in accordance with

164 the procedures, including appeal procedures, applicable to disciplinary actions against physicians pursuant to subchapter IV

165 of this chapter, except that a hearing panel for a complaint against a physician assistant associate consists of 3 unbiased

166 members of the Regulatory Council, the 3 members being 2 physician assistant associate members and 1 physician or

167 pharmacist member if practicable.

168  A person reporting or testifying in any proceeding as a result of making a report pursuant to this section is

169  immune from claim, suit, liability, damages, or any other recourse, civil or criminal, so long as the person acted in

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170  good faith and without gross or wanton negligence; good faith being presumed until proven otherwise, and gross or

171  wanton negligence required to be shown by the complainant.

172  (2) a. If the Board or the Regulatory Council for Physician Assistants Associates receives a formal or informal

173  complaint concerning the activity of a physician assistant associate and the Regulatory Council members reasonably

174  believe that the activity presents a clear and immediate danger to the public health, the Regulatory Council may issue

175  an order temporarily suspending the physician assistant’s associate’s license to practice pending a hearing upon the

176  written order of the Secretary of State or the Secretary’s designee, with the concurrence of the Council Chair or the

177  Chair’s designee. An order temporarily suspending a license to practice may not be issued by the Council unless the

178  physician assistant associate or the physician assistant’s associate’s attorney received at least 24 hours’ written or oral

179  notice prior to the temporary suspension so that the physician assistant associate or the physician assistant’s associate’s

180  attorney can be heard in opposition to the proposed suspension. An order of temporary suspension pending a hearing

181  may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily

182  suspended physician assistant associate requests a continuance of the hearing date. If the physician assistant associate

183  requests a continuance, the order of temporary suspension remains in effect until the hearing panel convenes and a

184  decision is rendered.

185                b. A physician assistant associate whose license to practice has been temporarily suspended pursuant to

186  this section must be notified of the temporary suspension immediately and in writing. Notification consists of a

187  copy of the complaint and the order of temporary suspension pending a hearing personally served upon the

188  physician assistant associate or sent by certified mail, return receipt requested, to the physician assistant’s

189  associate’s last known address.

190                c. A physician assistant associate whose license to practice has been temporarily suspended pursuant to

191  this section may request an expedited hearing. The Council shall schedule the hearing on an expedited basis,

192  provided that the Council receives the request within 5 calendar days from the date on which the physician

193  assistant associate received notification of the decision of the Council, with the approval of the Board, to

194  temporarily suspend the physician assistant’s associate’s license to practice.

195                d. As soon as possible after the issuance of an order temporarily suspending a physician assistant’s

196  associate’s license to practice pending a hearing, the Executive Director shall must appoint a 3-member hearing

197  panel. After notice to the physician assistant associate pursuant to subsection (b) paragraph (b)(2)b. of this section,

198  the hearing panel shall convene within 60 days of the date of the issuance of the order of temporary suspension to

199  consider the evidence regarding the matters alleged in the complaint. If the physician assistant associate requests in

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200  a timely manner an expedited hearing, the hearing panel shall convene within 15 days of the receipt of the request

201  by the Council. The 3-member panel shall must proceed to a hearing and shall render a decision within 30 days of

202  the hearing.

203                e. In addition to making findings of fact, the hearing panel shall also determine whether the facts found

204  by it constitute a clear and immediate danger to public health. If the hearing panel determines that the facts found

205  constitute a clear and immediate danger to public health, the order of temporary suspension must remain in effect

206  until the Board deliberates and reaches conclusions of law based upon the findings of fact made by the hearing

207  panel. An order of temporary suspension may not remain in effect for longer than 60 days from the date of the

208  decision rendered by the hearing panel unless the suspended physician assistant associate requests an extension of

209  the order pending a final decision of the Board. Upon the final decision of the Board, an order of temporary

210  suspension is vacated as a matter of law and is replaced by the disciplinary action, if any, ordered by the Board.

211  (c) The Board or the Regulatory Council for Physician Assistants Associates may not impose any sanction

212 pursuant to under subsection (b) of this section for the performance, recommendation, or provision of any healthcare

213 service that is lawful in this State even if such performance, recommendation, or provision is for a person who resides in a

214 state where such performance, recommendation, or provision is illegal or considered to be unprofessional conduct or the

215 unauthorized practice of a physician assistant. associate.

216  (d) A physician associate may be designated as the primary care provider by an insurer or health-care services

217 corporation.

218  (e) A physician associate must collaborate with, consult with, and refer to the appropriate member of the

219 healthcare team as indicated by the patient’s condition, and the education, experience, and competencies of the physician

220 associate.

221  (f) Payment for services within the physician associate’s scope of practice must be made when ordered or

222 performed by the physician associate, if the same service would have been covered if ordered or performed by a physician.

223 Payment for services must be based on the services provided and not on the health care professional who delivered the

224 service. Physician associates must be authorized to bill for and receive direct payment for the medically necessary services

225 they deliver.

226                (1) To ensure accountability and transparency for patients, payers, and the healthcare system, when

227  appropriate, a physician associate must also be identified as the rendering professional in the billing and claims process

228  when the physician associate delivers medical or surgical services to patients.

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229  (2) No insurance company or third-party payer may impose a practice, education, or collaboration requirement

230  that is inconsistent with or more restrictive than existing physician associate state law or regulation.

231  § 1773A. Participation in disaster or emergency care.

232  (a) A physician assistant associate licensed in this State or licensed or authorized to practice in any other U.S.

233 jurisdiction or credentialed as a physician assistant associate by a federal employer who is responding to a need for medical

234 care created by an emergency or a state or local disaster (excluding an emergency which occurs in that person’s place of

235 employment or practice) may render such care that the physician assistant associate is able to provide without collaboration

236 pursuant to § 1770A of this title or with such collaboration as is available.

237  (b) Any physician who collaborates with a physician assistant associate providing medical care in response to such

238 an emergency or state or local disaster shall not be required to meet the requirements set forth in this subchapter for a

239 collaborating physician.

240  (c) A person licensed as a physician assistant associate under this chapter who, in good faith and without gross or

241 wanton negligence, renders emergency care at the scene of an emergency, excluding an emergency which occurs in that

242 person’s place of employment or practice, shall not be liable for civil damages as a result of any acts or omissions in

243 rendering the emergency care.

244  § 1774. Temporary licensing of physician assistants. associates.

245  (a) Notwithstanding any provision of this subchapter to the contrary, the Executive Director, with the approval of a

246 Council member, may grant a temporary license to an individual who has graduated from a physician or surgeon assistant

247 or associate program which has been accredited by the Accreditation Review Commission on Education for the Physician

248 Assistant (ARC-PA) or, prior to 2001, by the Committee on Allied Health Education and Accreditation (CAHEA) of the

249 American Medical Association (AMA) or a successor agency and who otherwise meets the qualifications for licensure but

250 who has not yet taken a national certifying examination, provided that the individual is registered to take and takes the next

251 scheduled national certifying examination. A temporary license granted pursuant to this subsection is valid until the results

252 of the examination are available from the certifying agency. If the individual fails to pass the national certifying

253 examination, the temporary license granted pursuant to this subsection must be immediately rescinded until the individual

254 successfully qualifies for licensure pursuant to this subchapter.

255  (b) An individual who is temporarily licensed pursuant to this section may not have a prescriptive practice and

256 may not perform medical acts except in the physical presence of the individual’s collaborating physician.

257  § 1774A. Fees set by Board.

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258        The Division of Professional Regulation shall establish fees for licensing physician assistants, associates, for

259 renewing licenses on a biennial basis, and for other regulatory purposes. The fees must approximate the costs reasonably

260 necessary to defray the actual expenses of the Board and the regulatory council, as well as the proportional expenses

261 incurred by the Division in administering the issuance and renewal of licenses, and other regulation of physician assistants.

262 associates.

263        § 1774B. Prohibited acts; penalties; enforcement.

264        (a) A person may not practice as a physician assistant associate, physician assistant, or PA in this State or represent

265 that the person is a physician assistant associate, physician assistant, or PA or knowingly allow himself or herself to be

266 represented as a physician assistant associate, physician assistant, or PA unless the person is licensed under this subchapter,

267 except as otherwise provided in this chapter.

268        (b) A person who, contrary to the provisions of this subchapter, practices or attempts to practice as a physician

269 assistant associate, physician assistant, or PA within the State or represents that the person is a physician assistant associate,

270 physician assistant, or PA or knowingly allows himself or herself to be represented as a physician assistant associate,

271 physician assistant, or PA shall be fined not less than $500 nor more than $2,000 or imprisoned not more than 1 year, or

272 both.

273        (c) The Attorney General of this State or a deputy attorney general shall enforce the provisions of this subchapter.

274        § 1774C. Procedure or action not prescribed.

275        This subchapter governs the practice of physician assistants. associates. If a procedure or action is not specifically

276 prescribed in this subchapter, but is prescribed in the subchapters relating to the practice of medicine, and the procedure or

277 action would be useful or necessary for the regulation of physician assistants, associates, the Board or Council may, in its

278 discretion, proceed in a manner prescribed for physicians in the practice of medicine.

279        § 1774D. Inactive license; return to clinical practice.

280        (a) Any physician assistant associate who notifies the Board in writing on forms prescribed by the Board may elect

281 to place that physician assistant’s associate’s license on inactive status. A physician assistant associate whose license is

282 inactive shall be excused from payment of renewal fees and shall not practice as a physician assistant. associate. Any

283 licensee who engages in practice while that licensee’s license is inactive shall be considered to be practicing without a

284 license, which shall be grounds for discipline under § 1774B of this title. A physician assistant associate whose license has

285 been inactive for 3 years or less may reactivate the license by paying the renewal fee pursuant to § 1774A of this title and

286 meeting the requirements for ordinary license renewal as determined by the Board.

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287  (b) If a physician assistant associate whose license has been on inactive status for in excess of 3 years and who has

288 not practiced as a physician assistant associate in any jurisdiction of the United States for over 3 years requests to reactivate

289 the license, the Board may grant a re-entry license and may, after consultation with the Council, impose additional practice

290 and collaboration requirements for the re-entry license. A re-entry license granted under this subsection shall be valid for no

291 longer than 6 months and may be renewed only once at the Board’s discretion. In the month immediately preceding the

292 month during which the re-entry license will expire, a physician assistant associate may apply to the Board for a full license

293 as a physician assistant. associate. The Board shall grant a full license to a physician assistant associate who meets all

294 qualifications for licensure and whom the Board determines is qualified to practice. If the Board determines that a physician

295 assistant associate is still not qualified to receive a full license at the conclusion of the re-entry license period, the Board

296 may only once renew the re-entry license. If the Board elects to renew a re-entry license instead of issuing a full license, the

297 Board shall provide to the physician assistant associate a written explanation for that decision when issuing the renewed re-

298 entry license.

299  Additional practice requirements that the Board may choose to impose as a condition of a re-entry license may

300 include: include any of the following:

301                 (1) Requiring the collaborating physician to be physically on-site while the physician assistant associate is

302  practicing; practicing.

303                 (2) Requiring the collaborating physician to review and countersign a portion of patient charts for patients

304  seen by the physician assistant; associate.

305                 (3) Requiring the physician assistant to possess current certification from the NCCPA; NCCPA.

306                 (4) Requiring the physician assistant to take a review course or to complete a specified amount of Category 1

307  CME, as determined by the Council and agreed upon by the Board as appropriate; and appropriate.

308                 (5) Requiring documentation of a specific minimum number of clinical practice hours performed under the re-

309  entry license.

310                 (6) Requiring the physician associate to have a collaborative agreement with a physician for a specified

311  number of hours.

312  (c) The above subsection Subsection (b) of this section shall also apply applies to a physician assistant associate

313 who has not placed the physician assistant’s associate’s license on inactive status in this State but who has previously

314 practiced as a physician assistant associate in another jurisdiction of the United States and has not actively engaged in

315 clinical practice for a period in excess of 3 years immediately prior to applying for a license under this subchapter.

316  § 1774E. Participation in charitable and voluntary care.

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317  A physician assistant associate licensed in this State, or licensed or authorized to practice in any other U.S.

318 jurisdiction, or who is credentialed by a federal employer or meets the licensure requirements of their requisite federal

319 agency as a physician assistant associate may volunteer to render such medical care the physician assistant associate is able

320 to provide at public or community events and facilities without a collaborating physician as defined in this chapter or with

321 such collaborating physicians as may be available. Such medical care must be rendered without compensation or

322 remuneration.

323  § 1774F. Physician associates; applicability of name change.

324  (a) As of the [effective date of this Act], the title of “physician assistant” in Delaware is changed to “physician

325 associate.” This change is not intended to change any rights or privileges of those who have been or continue to hold

326 themselves out to be a “physician assistant” and any provision of law that says “physician assistant” also means “physician

327 associate.”

328  (b) This name change does not alter, affect, or impact any billing, reimbursement, or payment policies currently in

329 place for a physician assistant. All billing practices, insurance reimbursement policies, and agreements that apply to

330 physician assistants continue to apply in the same manner to physician associates. No insurer may deny reimbursement for

331 services rendered by a physician associate solely as a result of this name change.

332  Section 2. Amend § 2501M, Title 6 of the Delaware Code by making deletions as shown by strike through and

333 insertions as shown by underline as follows:

334  § 2501M. Definitions.

335  As used in this chapter:

336              (2) “Licensed medical provider” means a physician, physician assistant, associate, advanced practice

337  registered nurse, radiologist, or ultrasound technician, each of whom is licensed or certified in this State and is

338  practicing within the provider’s scope of practice.

339  Section 3. Amend § 302, Title 14 of the Delaware Code by making deletions as shown by strike through and

340 insertions as shown by underline as follows:

341  § 302. Definitions.

342  As used in this chapter:

343              (10) “Health-care provider” means a physician, a physician assistant, associate, an advanced practice

344  registered nurse, or another licensed health-care professional, each of whom is trained and experienced in the

345  evaluation, management, and care of concussions.

346              (15) “Physician assistant” “Physician associate” means as defined in § 1770A of Title 24.

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347  Section 4. Amend § 305, Title 14 of the Delaware Code by making deletions as shown by strike through and

348 insertions as shown by underline as follows:

349  § 305. Board composition.

350  (a) The Board of Directors consists of 17 members, 15 of whom are voting members. The membership is

351 composed as follows:

352  (5) One of the following professionals, who is knowledgeable about sports medicine:

353                a. A physician.

354                b. A physician assistant. associate.

355                c. An advanced practice registered nurse.

356  Section 5. Amend § 802D, Title 16 of the Delaware Code by making deletions as shown by strike through and

357 insertions as shown by underline as follows:

358  § 802D. Definitions.

359  As used in this chapter:

360  (1) “Perinatal health-care provider” means a physician, midwife, advanced practice registered nurse,

361  registered nurse, physician assistant, associate, or other health-care practitioner acting within the lawful scope of

362  practice while attending a person who presents in pregnancy or the postpartum period.

363  Section 6. Amend § 2504, Title 16 of the Delaware Code by making deletions as shown by strike through and

364 insertions as shown by underline as follows:

365  § 2504. Presumption of capacity; overcoming presumption.

366  (b) Subject to §§ 2505 and 2506 of this title and subsection (c) of this section, a presumption under subsection (a)

367 of this section may be rebutted by a finding that the individual lacks capacity:

368  (1) Made on the basis of a contemporaneous examination by any of the following individuals who must be

369  licensed or otherwise authorized to practice in this State and must have training and expertise in the finding of lack of

370  capacity:

371                c. A physician assistant. associate.

372  Section 7. Amend § 3002G, Title 16 of the Delaware Code by making deletions as shown by strike through and

373 insertions as shown by underline as follows:

374  § 3002G. Definitions.

375  For purposes of this chapter:

376  (1) “Health-care practitioner” means an individual licensed under Title 24 as any of the following:

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377                a. A physician.

378                b. An advanced practice registered nurse.

379                c. A physician assistant. associate.

380  Section 8. Amend § 3003L, Title 16 of the Delaware Code by making deletions as shown by strike through and

381 insertions as shown by underline as follows:

382  § 3003L. Definitions.

383  For purposes of this chapter:

384  (6) “Health-care provider” means a licensed physician (doctor of medicine or doctor of osteopathic medicine),

385  a physician assistant, associate, or an advanced practice registered nurse, who is trained and experienced in the

386  evaluation, management, and care of concussions, or such other licensed health-care professional who is trained and

387  experienced in the evaluation, management, and care of concussions, as defined by the Division.

388  Section 9. Amend § 4902A, Title 16 of the Delaware Code by making deletions as shown by strike through and

389 insertions as shown by underline as follows:

390  § 4902A. Definitions [For application of this section, see 82 Del. Laws, c. 246, § 5].

391  For purposes of this chapter:

392  (8) “Health-care practitioner” means an individual who is licensed and authorized to write medical orders

393  under Title 24 as a physician, advanced practice registered nurse, or physician assistant, associate, except as otherwise

394  provided in this paragraph. If the qualifying patient is younger than 18 years of age, the health-care practitioner must

395  be a physician who is a pediatric neurologist, pediatric gastroenterologist, pediatric oncologist, pediatric psychiatrist,

396  developmental pediatrician, or pediatric palliative care specialist.

397  Section 10. Amend § 5001, Title 16 of the Delaware Code by making deletions as shown by strike through and

398 insertions as shown by underline as follows:

399  § 5001. Definitions.

400  Except where the context indicates otherwise, as used in this chapter:

401  (12) “Licensed independent practitioner” means employees of designated psychiatric treatment facilities, in

402  addition to psychiatrists, who hold credentials and privileges to admit persons into care and write orders to treat said

403  persons in that facility. Licensed independent practitioners can include but are not limited to staff that hold licenses as

404  psychologists, advanced practices nurses, and physician assistants associates or such other health-care providers as may

405  be designated to work independently pursuant to the regulations of the Department.

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406  Section 11. Amend § 9302, Title 16 of the Delaware Code by making deletions as shown by strike through and

407 insertions as shown by underline as follows:

408  § 9302. Definitions.

409  The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in

410 this section, except where the context indicates a different meaning:

411  (4) “Health-care facility” shall include hospital, nursing home, freestanding birthing center, freestanding

412  surgical center, freestanding acute inpatient rehabilitation hospital, and freestanding emergency center, whether or not

413  licensed or required to be licensed by the State, whether operated for profit or nonprofit and whether privately owned

414  or operated or owned or operated by a unit of State or local government. The term also includes continual care

415  communities and any other nontraditional, long-term care facilities identified by the Department of Health and Social

416  Services or the Delaware Health Care Commission. The term does not include Christian Science sanatoriums operated

417  or listed and certified by the First Church of Christ Scientist, Boston, Massachusetts. The term shall not include any

418  physician’s office, whether an individual or group practice, any independent clinical laboratory or any radiology

419  laboratory. The term shall also not include the office of any other licensed health-care provider, including, but not

420  limited to, physical therapist, dentist, physician assistant, associate, podiatrist, chiropractor, an independently

421  practicing nurse or nurse practitioner, optometrist, pharmacist or psychologist. The term also shall not include any

422  dispensary or first aid station located within a business or industrial establishment maintained solely for the use of

423  employees, provided that the facility does not contain inpatient beds, nor shall it apply to any first aid station or

424  dispensary or infirmary offering non-acute services exclusively for use by students and employees of a school or

425  university or by inmates and employees of a prison, provided that services delivered therein are not the substantial

426  equivalent of hospital services in the same area or community. Further:

427                a. “Freestanding acute inpatient rehabilitation hospital” shall mean a facility that satisfies, or is expected

428  by the person who will construct, develop or establish the facility to satisfy, the requirements of 42 C.F.R. § 

429  412.23(b); provided that, if such facility is not paid under the prospective payment system specified in 42 C.F.R. § 

430  412.1(a)(3) within 24 months after accepting its first patient, then it shall not be considered a freestanding acute

431  inpatient rehabilitation hospital under this section.

432                b. “Freestanding birthing center” shall mean any facility licensed as such pursuant to Chapter 1 of this

433  title and more particularly in the Department of Health and Social Services Regulations.

434                c. “Freestanding emergency center” shall mean any facility licensed as such pursuant to Chapter 1 of this

435  title and more particularly 16 DE Admin. Code 3340.

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436                d. “Freestanding surgical center” shall mean any facility licensed as such pursuant to Chapter 1 of this

437  title and more particularly in the Department of Health and Social Services Regulations.

438                e. “Hospital” shall mean any nonfederal facility licensed as such pursuant to Chapter 10 of this title and

439  more particularly 16 DE Admin. Code 3370.

440                f. “Nursing home” shall mean any nonfederal facility licensed as such pursuant to Chapter 11 of this title

441  and more particularly 16 DE Admin. Code 3201.

442  Section 12. Amend § 9817, Title 16 of the Delaware Code by making deletions as shown by strike through and

443 insertions as shown by underline as follows:

444  § 9817. Mobile-integrated healthcare and community paramedicine programs [For application of section, see 84

445 Del. Laws, c. 419, § 6].

446  (g) An individual employed to work in a mobile-integrated healthcare or community paramedicine program shall

447 meet the requirements for certification or licensure imposed by this State and the organization employing the individual.

448  (1) A mobile-integrated healthcare or community paramedicine program may include physicians, nurse

449  practitioners, advanced practice registered nurse, registered nurses, licensed practical nurses, physician assistants,

450  associates, physical or occupational therapists, mental health providers, paramedics, or other emergency medical

451  services providers.

452  Section 13. Amend § 9903, Title 16 of the Delaware Code by making deletions as shown by strike through and

453 insertions as shown by underline as follows:

454  § 9903. Duties and authority of the Commission.

455  (j) The Commission shall be responsible for the administration of a Health Care Provider Loan Repayment

456 Program (HCPLRP). The HCPLRP must be administered consistent with all of the following guidelines:

457  (4) The award of health care provider loan repayment grants must be limited to the recruitment and retention

458  of new primary care or dental providers in ambulatory and outpatient settings. For purposes of this paragraph (j)(4), a

459  “new primary care or dental provider” means any of the following providers who have completed graduate education

460  within 2 years of the application for a health care provider loan repayment grant being submitted:

461                a. Physicians practicing family medicine (including osteopathic general practice), internal medicine,

462  pediatrics, obstetrics/ gynecology, geriatrics, and psychiatry.

463                b. Nurse practitioners, certified nurse midwives, clinical nurse specialists, licensed psychologists,

464  licensed professional counselors of mental health, masters of psychology, licensed clinical social workers, and

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465  physician assistants associates practicing adult medicine, family medicine, pediatrics, psychiatry/mental health,

466  geriatrics, and women’s health.

467                c. Dental clinicians possessing a DDS or DMD and practicing general, pediatric, or public health

468  dentistry.

469  Section 14. Amend § 3370J, Title 18 of the Delaware Code by making deletions as shown by strike through and

470 insertions as shown by underline as follows:

471  § 3370J. Pharmacist services reimbursement.

472  (b) For any individual insurance policy, contract, or certificate that is delivered, issued for delivery, renewed,

473 extended, or modified in this State after January 1, 2025, a carrier must provide reimbursement to a pharmacist for a service

474 or procedure at a rate not less than that provided to other nonphysician practitioners if the service or procedure is all of the

475 following:

476             (1) Within the scope of practice of a pharmacist.

477             (2) Would otherwise be covered under the policy, plan, or contract if the service or procedure is provided by

478  any health-care service provider or practitioner, including a physician, advance practice registered nurse, or physician

479  assistant. associate.

480  (c) Whenever a service is performed by a licensed pharmacist and reimbursed by a carrier, the licensed pharmacist

481 must be granted such rights of participation, plan admission, and registration as may be granted by the carrier to any health-

482 care service provider or practitioner, including a physician, advance practice registered nurse, or physician assistant

483 associate performing such a service.

484  Section 15. Amend § 3571CC, Title 18 of the Delaware Code by making deletions as shown by strike through and

485 insertions as shown by underline as follows:

486  § 3571CC. Pharmacist services reimbursement.

487  (b) For all group and blanket insurance policies, contracts, or certificates that are delivered, issued for delivery,

488 renewed, extended, or modified in this State after January, 1, 2025, a carrier must provide reimbursement to a pharmacist

489 for a service or procedure at a rate not less than that provided to other nonphysician practitioners if the service or procedure

490 is all of the following:

491             (1) Within the scope of practice of a pharmacist.

492             (2) Would otherwise be covered under the policy, plan, or contract if the service or procedure is provided by

493  any health-care service provider or practitioner, including a physician, advance practice registered nurse, or physician

494  assistant. associate.

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495  Section 16. Amend § 3132, Title 20 of the Delaware Code by making deletions as shown by strike through and

496 insertions as shown by underline as follows:

497  § 3132. Definitions.

498             For purposes of this subchapter:

499             (5) “Health care provider” means any person or entity who provides health care services, including, but not

500  limited to, hospitals, medical clinics and offices, special care facilities, medical laboratories, physicians, pharmacists,

501  dentists, physician assistants, associates, nurse practitioners, registered and other nurses, paramedics, emergency

502  medical or laboratory technicians, and ambulance and emergency medical workers.

503  Section 17. Amend § 101, Title 21 of the Delaware Code by making deletions as shown by strike through and

504 insertions as shown by underline as follows:

505  § 101. Words and phrases [For application of this section, see 85 Del. Laws, c. 40, § 15].

506  For the purposes of this title, unless the context otherwise clearly indicates:

507             (34) “Licensed practitioner” means a physician, physician assistant associate (PA), or APRN licensed under

508  Title 24.

509  Section 18. Amend § 2134, Title 21 of the Delaware Code by making deletions as shown by strike through and

510 insertions as shown by underline as follows:

511  § 2134. Special license plates for persons with disabilities which limit or impair the ability to walk; parking;

512 penalties.

513  (a) The owner of a vehicle registered in Delaware and described in subsection (b) of this section may apply to the

514 Department for the issuing to the vehicle a special license plate for persons with disabilities which limit or impair the ability

515 to walk if a licensed physician, a physician assistant associate who is supervised by a licensed physician, or an advanced

516 practice nurse who is employed by or who has a collaborative agreement with a licensed physician, certifies that the

517 applicant or a household member has 1 or more of the following disabilities that are permanent with no prognosis for

518 improvement:

519             (1) Cannot walk 200 feet without stopping to rest;

520             (2) Cannot walk safely without the use of or assistance from a brace, cane, crutch, another person, prosthetic

521  device, wheelchair or other assistive device;

522             (3) Is restricted by lung disease to such an extent that the applicant’s or household member’s forced

523  (respiratory) expiratory volume for 1 second, when measured by spirometry, is less than 1 liter or the arterial oxygen

524  tension is less than 60 mm/hg on room air at rest;

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525  (4) Uses portable oxygen;

526  (5) Has a cardiac condition to the extent that the applicant’s or household member’s functional limitations are

527  classified in severity as Class III or Class IV according to standards set by the American Heart Association; or

528  (6) Is severely limited in that person’s own ability to walk due to an arthritic, neurological or orthopedic

529  condition.

530  (c) A special license plate may be issued under this section only if the applicant submits proof satisfactory to the

531 Department that the applicant or a household member has a disability that is permanent with no prognosis for improvement

532 as described in paragraphs (a)(1)-(6) of this section. Satisfactory proof prior to issuance must include the signature of a

533 licensed physician, a physician assistant associate who is supervised by a licensed physician, a physician associate who has

534 been granted independent practice authority, or an advanced practice nurse who is employed by or who has a collaborative

535 agreement with a licensed physician, on a Department special disabled license plate or placard applicant form on which the

536 physician, a physician assistant associate who is supervised by a licensed physician, a physician associate who has been

537 granted independent practice authority, or an advanced practice nurse who is employed by or who has a collaborative

538 agreement with a licensed physician, certifies the applicant’s or household member’s permanent disability. Renewal of the

539 registration for the vehicle to which the special license plate is assigned shall require the applicant to submit a written

540 certification that the applicant continues to require the special license plate for the reason or reasons it was initially issued; a

541 new certification is not required. The issuance of a special license plate does not preclude the issuance of 1 removable

542 windshield placard pursuant to § 2135 of this title.

543  (g) (1) A person who intentionally presents false information to a licensed physician, a physician assistant

544 associate who is supervised by a licensed physician, a physician associate who has been granted independent practice

545 authority, or an advanced practice nurse who is employed by or who has a collaborative agreement with a licensed

546 physician, or to the Department in an attempt to obtain a special license plate under this section shall be guilty of an

547 unclassified misdemeanor. For the first offense, the person shall receive a mandatory fine of $100. For each subsequent like

548 offense, the person shall receive a mandatory fine of $200 or be imprisoned for not less than 10 nor more than 30 days, or

549 both. Any other violation of this section is a violation. Justices of the peace have jurisdiction over violations of this section.

550  (2) A summons may be attached to an unattended vehicle found in violation of any of the provisions of this

551  section by any police officer or State Police Academy cadet authorized to issue a summons for a violation of this

552  section. It is prima facie evidence that the person in whose name the unattended vehicle is registered is responsible for

553  the violation.

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554  Section 19. Amend § 2603, Title 21 of the Delaware Code by making deletions as shown by strike through and

555 insertions as shown by underline as follows:

556  § 2603. Definitions.

557  Notwithstanding any other provision of this title, the following definitions apply to this chapter:

558  (34) “Medical examiner” for purposes of conducting U.S. Department of Transportation physical examination

559  for CMV certification means a person who is licensed, certified, and/or registered, in accordance with applicable state

560  laws and regulations, to perform physical examinations. The term includes but is not limited to, doctors of medicine,

561  doctors of osteopathy, physician assistants, associates, advanced practice nurses, and doctors of chiropractic. For

562  medical examinations conducted on and after May 21, 2014, a medical examiner must be certified by FMCSA and

563  listed on the National Registry of Certified Medical Examiners as defined in this section.

564  Section 20. Amend § 1319, Title 22 of the Delaware Code by making deletions as shown by strike through and

565 insertions as shown by underline as follows:

566  § 1319. Termination of services to a dwelling unit.

567  (d) In no event may such termination occur if an occupant of a dwelling unit is so ill that the termination of service

568 will adversely affect the occupant’s health or recovery, which has been certified by a signed statement from a duly licensed

569 physician, physician assistant, associate, or advanced nurse practitioner, of this State or of a state with similar accreditation

570 and received by any employee or officer of an electric company. Signed statements from a licensed physician, physician

571 assistant, associate, or advanced nurse practitioner, obtained pursuant to this section are effective for 120 days. Signed

572 statements may be renewed by means of a new signed statement to prevent termination only if a customer makes a good

573 faith effort to make payments towards the electric company. The electric company must create a dispute resolution process

574 where disputes under this section may be reviewed. While such dispute is pending, an electric company must continue to

575 provide utility service to the customer until the dispute is resolved. When possible, no termination under this section may

576 occur without advance notice to any known case manager or coordinator of an occupant in an affected dwelling unit.

577  Section 21. Amend § 117, Title 26 of the Delaware Code by making deletions as shown by strike through and

578 insertions as shown by underline as follows:

579  § 117. Termination of service or sale to a dwelling unit.

580  (d) In no event may such termination occur if an occupant of a dwelling unit is so ill that the termination of such

581 sale or service will adversely affect the occupant’s health or recovery, which has been so certified by a signed statement

582 from a licensed physician, physician assistant, associate, or advanced nurse practitioner, of this State or of a state with

583 similar accreditation and received by any employee or officer of such person engaging in the distribution or sale of gas,

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584 water, or electricity. Signed statements from a licensed physician, physician assistant, associate, or advanced nurse

585 practitioner, obtained pursuant to this section are effective for 120 days. Signed statements may be renewed by means of a

586 new signed statement to prevent termination only if a customer makes a good faith effort to make payments towards the

587 utility service being provided. The Delaware Public Service Commission may promulgate regulations defining “good faith

588 effort to make payments.” If a utility is subject to the jurisdiction of the Delaware Public Service Commission, that utility

589 or a customer of the utility may petition the Delaware Public Service Commission for review of any dispute under this

590 section. While such dispute is pending, a utility must continue to provide utility service to the customer until a final

591 Commission adjudication on the petition is issued. When possible, no termination under this section may occur without

592 advance notice to any known case manager or coordinator of an occupant in an affected dwelling unit.

593  Section 22. Amend § 5220, Title 29 of the Delaware Code by making deletions as shown by strike through and

594 insertions as shown by underline as follows:

595  § 5220. Pharmacist services reimbursement.

596  (a) The plan must provide reimbursement to a pharmacist for a service or procedure at a rate not less than that

597 provided to other nonphysician practitioners if the service or procedure is all of the following:

598  (1) Within the scope of practice of a pharmacist.

599  (2) Would otherwise be covered under the policy, plan, or contract if the service or procedure is provided by

600  any health-care service provider or practitioner, including a physician, advance practice registered nurse, or physician

601  assistant. associate.

602  (b) Whenever a service is performed by a licensed pharmacist and reimbursed by the plan, the licensed pharmacist

603 must be granted such rights of participation, plan admission, and registration as may be granted by the plan to any health-

604 care service provider or practitioner, including a physician, advance practice registered nurse, or physician assistant

605 associate performing such a service.

606  Section 23. This Act is effective immediately and is to be implemented the earlier of the following:

607  (1) One year from the date of the Act’s enactment.

608  (2) When the Board of Medical Licensure and Discipline approves the enabling regulations promulgated by

609  the Regulatory Council of Physician Associates.

                                                      SYNOPSIS

               This Act changes the title of “physician assistant” to “physician associate” in Title 24, as well as changes the
     references from physician assistant to physician associate throughout the Delaware Code. It does not change any rights or
     privileges of those who have been or continue to hold themselves out to be a “physician assistant.”

               Current law provides that a physician associate may not maintain or manage a location that does not have
     oversight by the physician associate’s collaborating physician. This Act provides that a licensed physician associate with
     more than 6,000 post-graduate clinical practice hours who intends to practice without a collaborative agreement must apply
     to the Regulatory Council for Physician Assistants for independent practice authority.

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          This Act also provides that the Regulatory Council for Physician Associates must adopt rules and regulations to
address the following: (1) the verification of post-graduate clinical practice hours for physician associates with more than
6,000 post-graduate clinical practice hours; (2) creating an application for physician associates with more than 6,000 post-
graduate clinical practice hours to request independent practice authority; (3) creating a process for physician associates
who practice without at least 1 licensed Delaware physician in the group, practice, or health system, and have been granted
independent practice authority, to notify the Physician Associates Regulatory Council prior to a change of their practice
area and provide proof they have had training which aligns to the new practice area; and (4) the conditions under which a
physician associate may be denied independent practice authority and how to reapply.

          The Act also provides that a physician associate is considered to be a primary care provider when practicing in the
medical specialties for a physician to be a primary care provider. Payment for services within the physician associate’s
scope of practice must be made when ordered or performed by the physician associate, if the same service would have been
covered if ordered or performed by a physician. Payment for services must be based on the services provided and not on the
health care professional who delivered the service. Physician associates must be authorized to bill for and receive direct
payment for the medically necessary services they deliver.

          The Act also provides that a physician associate who has independent practice authority may sign the special
disabled license plate or placard applicant form certifying that a person is disabled, for use in an application to receive a
special license plate.

          This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative
Drafting Manual.

          This Act is effective immediately and to be implemented the earlier of : (1) One year from the date of the Act’s
enactment; or (2) When the Board of Medical Licensure and Discipline approves the enabling regulations promulgated by
the Regulatory Council of Physician Associates.

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Every fact on this page links to its source, starting with the official bill record.