Brief ⁽¹⁾

Sub. for SB 599 creates a new licensure act under which physician assistants are to be licensed and regulated. The existing laws, under which the names of physicians' assistants who meet the statutory qualifications are placed on a register maintained by the Board of Healing Arts along with the name of the physician who is legally responsible for the acts of the physicians' assistant, are repealed by the bill. The new act, Sections 1 through 12 of SB 599, is to be known as the Physician Assistant Licensure Act.

The bill defines terms used in the new act created by the bill, including some terms defined in the existing law. New definitions not found in the existing laws governing physicians' assistants and the relationship between the physician legally responsible under the existing laws for the actions of a physicians' assistant include a definition of the term "professional incompetency" which includes engaging in any of three acts set out in the definition and a definition of "unprofessional conduct" which includes engaging in any one of 22 acts enumerated in the definition that are taken from the Kansas Healing Arts Act rather than the existing laws governing physicians' assistants.

The new act sets out procedures applicable to initial licensure and license renewal, provides for fees, and authorizes the Board of Healing Arts to adopt rules and regulations.

Sub. for SB 599 establishes the requirements to be met for an initial license and license renewal. The Senate Committee of the Whole amendment restores the alternative of training acquired while serving in the armed forces as a qualification for credentialing as found in the existing laws. The licensure requirements do not include presentation of a request signed by the applicant's proposed responsible physician nor the name and address of the physician responsible for the actions of the physician assistant as is required in the laws that are being repealed. House Committee amendments in New Section 7 make it clear that a physician assistant may not provide services unless the name, address, and signature of each supervising physician has been provided to the Board of Healing Arts. The amendments also require the responsible physician to notify the Board when the responsible physician terminates responsibility for the direction of a physician assistant. Provision is made for temporary licenses.

The House Committee amended the bill to provide that an individual registered as a physicians' assistant immediately prior to the effective date of Sub. for SB 599 is to be deemed to be licensed. Changes are also made in the date that triggers the processing of a pending application as an application for licensure.

The new act created by Sub. for SB 599 defines the practice of a physician assistant and authorizes the provision of medical services in any setting authorized by the responsible physician. The bill specifies that a physician assistant may practice in an area that is geographically remote from the responsible physician. While current law limits the responsible physician to supervision of no more than two physician assistants, the new act contains no limitation on the number of physician assistants a responsible physician may supervise. A limitation is established on the number of physician assistants a supervising physician may supervise.

Sub. for SB 599 authorizes the Board of Healing Arts to deny, revoke, suspend, or limit a license to practice as a physician assistant or to publically censure a licensee for any of 20 acts set out in the bill. The House Committee amendments add a new ground for disciplinary action that was omitted from the original bill. The bill makes it unlawful for any person who is not licensed or whose license has been revoked or suspended to practice as a physician assistant or to use protected titles and includes new provisions setting out those persons who are not to be considered to be unlawfully practicing as a physician assistant.

The House Committee amended Sub. for SB 599 by adding a new section that requires that all administrative proceedings under the act created by the bill to be conducted in accordance with the Kansas Administrative Procedures Act. The House Committee amendments also authorize the Board of Healing Arts to bring an action for an injunction against violations of the laws created by the bill.

A physician assistants council is established by the new act to advise the Board of Healing Arts.

The House Committee amendments delete a section of the bill that would have authorized physician assistants to organize professional corporations.

Sections 13 through 26 of Sub. for SB 599 amend existing laws to change the nomenclature used to refer to physician assistants.

As amended by House Committee, Sub. for SB 599 would become effective on February 1, 2001.

Background

The introduction of SB 599 was requested by the Kansas Academy of Physician Assistants. Support was expressed by representatives of the Board of Healing Arts and the Kansas Medical Society, both of whom proposed amendments to the original bill.

As originally introduced, SB 599 would have created new statutes and amended some of the existing laws governing physician assistants to create a licensure law. However, with a change to licensure, continuing the current laws in the article and chapter of the statutes that pertain to the practice of the healing arts creates unforseen problems, so a substitute bill was prepared by the Senate Committee.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html