MINNESOTA ~ STATUTE 147A.02

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1 MINNESOTA ~ STATUTE STATUTE DATE REGULATORY BODY PA DEFINED SCOPE OF PRACTICE PRESCRIBING/DISPENSING SUPERVISION DEFINED PAs PER PHYSICIAN APPLICATION QUALIFICATIONS TEMPORARY PERMIT Minnesota Statute Chapter 147A Enacted 1990 (PAs regulated under Department of Health rules) Minnesota Board of Medical Practice Person registered pursuant to this section who is qualified by academic or practical training or both to provide specified patient services under supervision of physician. 147A.01 (18) PA shall practice only with physician supervision. Duties may include those delegated in the physician-pa agreement. Administration of anesthetics, other than local anesthetics injected in connection with an operating room procedure, inhaled anesthesia, and spinal anesthesia, prohibited. PA limited to delegated services within PA training and experience, customary to supervisor s practice, within standards of applicable facilities. 147A.09 (1) Patient services may include, but are not limited to: histories and physicals; interpreting patient data ordering or performing diagnostic (includes radiography) and therapeutic procedures providing patient instructions assisting supervising physician in home and health care facilities creating and maintaining patient records; transmitting or executing orders functioning as an EMT with permission of the ambulance service initiating evaluation and treatment in response to emergency situations. 147A.09 (2) A supervising physician may delegate to a PA the authority to prescribe and administer legend drugs and medical devices in compliance with provisions of pharmacy act. PAs authorized to prescribe controlled substances must maintain a separate addendum to delegation form that lists all schedules and categories PA may prescribe. 147A.09 (2) Delegated prescribing authorized only for registered PAs who are currently certified by NCCPA. The agreement between the PA and supervising physician(s) must include signed statement regarding delegation or non-delegation of prescribing and administering legend drugs and medical devices. Statement must include protocol indicating classes of drugs for which physician delegates prescriptive authority. PAs authorized to prescribe controlled medications must register with DEA. Dispensing includes but not limited to pharmaceutical samples. 147A.18 (1) Prescription must include name and address of PA. PA and physician must review delegation of prescribing annually. 147A.18 (3) Overseeing the activities of and accepting responsibility for medical services rendered by PA. Supervising physician s physical presence not required so long as physician and PA can communicate via telecommunication. Scope and nature of supervision to be defined by individual physician-pa agreement. 147A.01 (24) PA may render services in a setting geographically remote from supervising physician. 147A.10 Supervising physician shall not supervise more than 2 FTE PAs simultaneously. 147A.01 (23) PA applies for registration on board forms. Must have physician-pa agreement in place in order to practice. 147A.02 Physician-PA agreement and practice setting description must be in place prior to beginning practice. 147A.20 Current NCCPA certification, mentally and physically able to practice safely as PA, no licensure, certification or registration as a PA under current discipline unless board considers and agrees to licensure. 147A.02 Person who has satisfied education requirement and is enrolled in next exam or is awaiting exam results and who has physician-pa agreement in force and has submitted a practice setting description to board may be granted temporary registration. Expires upon receipt of exam results. 147A.01 (25) Temporary permit to practice may be granted to applicant eligible for registration if all qualifications are met and applicant is awaiting a meeting of the board. 147A.04

2 MINNESOTA ~ STATUTE Continued TERMINATION PAs must provide board with written notification within 30 days of change in supervising physician or change in delegation of prescribing, administering or dispensing. 147A.20 CONTINUING EDUCATION 50 Category I hours required biennially for registration renewal. 147A TITLE/PRACTICE PROTECTION No one may use title physician assistant or related titles unless registered with the state according to this chapter. Those unregistered individuals who hold themselves out as PAs are subject to sanctions or actions against continuing professional activity. 147A.03 IDENTIFICATION Registered PAs shall keep registration available for inspection at primary place of business and shall wear name tag identifying themselves as physician assistant. 147A.19 PHYSICIAN LIABILITY Practice setting description must be signed by physician indicating that the supervising physician assumes full medical responsibility for medical care rendered by the PA. 147A.01 (19) FEE/RENEWAL SCHEDULE Upon notification from board, must renew registration, pay fee, complete forms, submit updated practice setting description showing evidence of annual review of physician-pa supervisory agreement. 147A.07 PROGRAM APPROVAL BOARD REPRESENTATION/ PA Advisory Council composed of 7 persons appointed by board (2 public members, ADVISORY COMMITTEE 3 registered PAs and 2 physicians experienced with supervising PAs) to advise board regarding PA registration standards, enforcement of grounds for discipline, distribution of information regarding PA registration standards, applications and recommendations of applicants for registration or renewal, complaints, discipline and other matters 147A.27 BOARD POWERS Register, refuse to grant registration, impose disciplinary action. 147A.13 The board may issue subpoenas for production of reports in disciplinary actions. 147A.14 (9) Board shall adopt rules to set registration, renewal, temporary registration and locum tenens fees and to establish renewal dates. 147A.21 DISCIPLINARY POWERS Revocation, suspension of registration, limit or place conditions on PA s practice, limit scope of practice, impose retraining or rehabilitation requirements, require practice under additional supervision, condition continued practice on demonstration of knowledge or skills by appropriate examination, impose civil penalty not to exceed $10,000 for each violation, order PA to provide unremunerated professional service, issue a censure or reprimand. 147A.16 VIOLATIONS/PENALTY PAYMENT FOR SERVICES Obtaining registration by fraud Conviction, within 5 years, of felony reasonably related to PA practice Disciplinary action in another state False advertising, fraudulent billing, improper management of records Criminal sexual conduct; engaging in sexual conduct with patient Violation of statute or board rules; violation of state or federal controlled substances laws Unethical conduct; incompetent practice; drug addiction Inability to safely practice due to mental illness, physical illness, or any condition that impairs safe practice Practicing beyond delegated authority Aiding unlicensed person in practice of medicine Unprofessional conduct, includes departure from minimum standards of acceptable and prevailing practice Disclosure of privileged patient communication Any use of the title Doctor Improper management of medical records Prescribing other than for accepted medical conditions Aiding suicide Delinquent taxes Failure to report health professional (including self) for violation Failure to maintain physician-pa agreement, internal protocols or prescribing delegation forms; failure to provide copies to board upon request 147A.13

3 MINNESOTA ~ STATUTE Continued GRANDFATHER CLAUSE STUDENTS LOCUM TENENS OTHER All persons registered as PAs on June 30, 1995, are eligible for continuing registration renewal. All applying for registration after that date must show proof of current qualifications. 147A.02 This chapter does not require registration of students enrolled in accredited PA programs. 147A.08 Locum tenens permit means time-specific temporary permission for a PA to practice as a PA in a setting other than the practice setting established in the physician-pa agreement. 147A.01 (15) Board may grant locum tenens permit to state-registered PA. Applications reviewed at next scheduled board meeting. Application must include a practice setting description. Maximum duration is 1 year. Permit maybe renewed. 147A.22 PA registered in Minnesota or licensed by another jurisdiction may provide care during a disaster situation without the required physician-pa agreement. Supervision to be provided by licensed physician involved in the disaster response. PA must establish temporary supervisory agreement with physician involved in disaster response before rendering care. Physician who otherwise provides supervision to PA under required physician-pa agreement not medically responsible for care provided by PA under these circumstances. 147A.23

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5 MINNESOTA ~ REGULATIONS REGULATIONS Minnesota Administrative Rules, Chapter DATE Revised 9/95 REGULATORY BODY PA DEFINED SCOPE OF PRACTICE PRESCRIBING/DISPENSING SUPERVISION DEFINED PAs PER PHYSICIAN APPLICATION QUALIFICATIONS TEMPORARY PERMIT TERMINATION CONTINUING EDUCATION TITLE/PRACTICE PROTECTION IDENTIFICATION PHYSICIAN LIABILITY Minnesota Board of Medical Practice FEE/RENEWAL SCHEDULE Registration each year by July 1 $120 application fee $135 annual re-registration (prescribing PA) $115 annual re-registration (non-prescribing PA) $115 temporary registration $60 temporary permit $25 locum tenens permit PROGRAM APPROVAL BOARD REPRESENTATION/ ADVISORY COMMITTEE BOARD POWERS DISCIPLINARY POWERS VIOLATIONS/PENALTY PAYMENT FOR SERVICES GRANDFATHER CLAUSE STUDENTS LOCUM TENENS OTHER

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