Florida Senate - 2020 SB 744
By Senator Hooper
16-00480-20 2020744__
1 A bill to be entitled
2 An act relating to podiatric medicine; amending s.
3 458.347, F.S.; providing and revising definitions;
4 revising the membership, terms, and duties of the
5 Council on Physician Assistants; amending s. 458.3485,
6 F.S.; defining the term “physician” to include
7 podiatric physicians; amending s. 459.022, F.S.;
8 providing and revising definitions; revising the
9 membership, terms, and duties of the Council on
10 Physician Assistants; amending s. 461.007, F.S.;
11 authorizing the Board of Podiatric Medicine to require
12 as a condition for renewal of license a specified
13 number of continuing education hours related to the
14 safe and effective prescribing of controlled
15 substances; creating s. 461.0145, F.S.; authorizing a
16 podiatric physician or group of podiatric physicians
17 to supervise a specified number of physician
18 assistants; providing requirements for physician
19 assistants under such supervision; providing for
20 liability; creating s. 461.0155, F.S.; providing for
21 governance of podiatric physicians who supervise
22 medical assistants; amending s. 624.27, F.S.; revising
23 the definition of the term “health care provider” to
24 include podiatric physicians; providing an effective
25 date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Paragraph (i) is added to subsection (2) of
30 section 458.347, Florida Statutes, and paragraphs (b) and (h) of
31 that subsection and paragraphs (a) through (c) of subsection (9)
32 of that section are amended, to read:
33 458.347 Physician assistants.—
34 (2) DEFINITIONS.—As used in this section:
35 (b) “Boards” means the Board of Medicine, and the Board of
36 Osteopathic Medicine, and the Board of Podiatric Medicine.
37 (h) “Continuing medical education” means courses recognized
38 and approved by the boards, the American Academy of Physician
39 Assistants, the American Medical Association, the American
40 Osteopathic Association, the American Podiatric Medical
41 Association, or the Accreditation Council on Continuing Medical
42 Education.
43 (i) “Physician” means a person who holds an active,
44 unrestricted license as a physician under this chapter, an
45 osteopathic physician under chapter 459, or a podiatric
46 physician under chapter 461.
47 (9) COUNCIL ON PHYSICIAN ASSISTANTS.—The Council on
48 Physician Assistants is created within the department.
49 (a) The council shall consist of seven five members
50 appointed as follows:
51 1. The chairperson of the Board of Medicine shall appoint
52 three members who are physicians and members of the Board of
53 Medicine. One of the physicians must supervise a physician
54 assistant in the physician’s practice.
55 2. The chairperson of the Board of Osteopathic Medicine
56 shall appoint two members one member who are physicians is a
57 physician and members a member of the Board of Osteopathic
58 Medicine.
59 3. The chairperson of the Board of Podiatric Medicine shall
60 appoint one member who is a podiatric physician and a member of
61 the Board of Podiatric Medicine.
62 4.3. The State Surgeon General or his or her designee shall
63 appoint one member who is a fully licensed physician assistant
64 licensed under this chapter, or chapter 459, or chapter 461.
65 (b) Two of the members appointed to the council must be
66 physicians who supervise physician assistants in their practice.
67 Members shall be appointed to terms of 4 years, except that of
68 the initial appointments, three two members shall be appointed
69 to terms of 2 years, three two members shall be appointed to
70 terms of 3 years, and one member shall be appointed to a term of
71 4 years, as established by rule of the boards. Council members
72 may not serve more than two consecutive terms. The council shall
73 annually elect a chairperson from among its members.
74 (c) The council shall:
75 1. Recommend to the department the licensure of physician
76 assistants.
77 2. Develop all rules regulating the use of physician
78 assistants by physicians under this chapter, and chapter 459, or
79 chapter 461, except for rules relating to the formulary
80 developed under paragraph (4)(f). The council shall also develop
81 rules to ensure that the continuity of supervision is maintained
82 in each practice setting. The boards shall consider adopting a
83 proposed rule developed by the council at the regularly
84 scheduled meeting immediately following the submission of the
85 proposed rule by the council. A proposed rule submitted by the
86 council may not be adopted by a either board unless all both
87 boards have accepted and approved the identical language
88 contained in the proposed rule. The language of all proposed
89 rules submitted by the council must be approved by all both
90 boards pursuant to each respective board’s guidelines and
91 standards regarding the adoption of proposed rules. If a either
92 board rejects the council’s proposed rule, that board must
93 specify its objection to the council with particularity and
94 include any recommendations it may have for the modification of
95 the proposed rule.
96 3. Make recommendations to the boards regarding all matters
97 relating to physician assistants.
98 4. Address concerns and problems of practicing physician
99 assistants in order to improve safety in the clinical practices
100 of licensed physician assistants.
101 Section 2. Subsections (1) and (2) of section 458.3485,
102 Florida Statutes, is amended to read:
103 458.3485 Medical assistant.—
104 (1) DEFINITIONS DEFINITION.—As used in this section:,
105 (a) “Medical assistant” means a professional multiskilled
106 person dedicated to assisting in all aspects of medical practice
107 under the direct supervision and responsibility of a physician.
108 This practitioner assists with patient care management, executes
109 administrative and clinical procedures, and often performs
110 managerial and supervisory functions. Competence in the field
111 also requires that a medical assistant adhere to ethical and
112 legal standards of professional practice, recognize and respond
113 to emergencies, and demonstrate professional characteristics.
114 (b) “Physician” means a person who holds an active,
115 unrestricted license as a physician under this chapter or a
116 podiatric physician under chapter 461.
117 (2) DUTIES.—Under the direct supervision and responsibility
118 of a licensed physician, a medical assistant may undertake the
119 following duties:
120 (a) Performing clinical procedures, to include:
121 1. Performing aseptic procedures.
122 2. Taking vital signs.
123 3. Preparing patients for the physician’s care.
124 4. Performing venipunctures and nonintravenous injections.
125 5. Observing and reporting patients’ signs or symptoms.
126 (b) Administering basic first aid.
127 (c) Assisting with patient examinations or treatments.
128 (d) Operating office medical equipment.
129 (e) Collecting routine laboratory specimens as directed by
130 the physician.
131 (f) Administering medication as directed by the physician.
132 (g) Performing basic laboratory procedures.
133 (h) Performing office procedures including all general
134 administrative duties required by the physician.
135 (i) Performing dialysis procedures, including home
136 dialysis.
137 Section 3. Paragraph (i) is added to subsection (2) of
138 section 459.022, Florida Statutes, and paragraphs (b) and (h) of
139 that subsection and paragraphs (a) through (c) of subsection (9)
140 of that section are amended, to read:
141 459.022 Physician assistants.—
142 (2) DEFINITIONS.—As used in this section:
143 (b) “Boards” means the Board of Medicine, and the Board of
144 Osteopathic Medicine, and the Board of Podiatric Medicine.
145 (h) “Continuing medical education” means courses recognized
146 and approved by the boards, the American Academy of Physician
147 Assistants, the American Medical Association, the American
148 Osteopathic Association, the American Podiatric Medical
149 Association, or the Accreditation Council on Continuing Medical
150 Education.
151 (i) “Physician” means a person who holds an active,
152 unrestricted license as a physician under chapter 458, an
153 osteopathic physician under this chapter, or a podiatric
154 physician under chapter 461.
155 (9) COUNCIL ON PHYSICIAN ASSISTANTS.—The Council on
156 Physician Assistants is created within the department.
157 (a) The council shall consist of seven five members
158 appointed as follows:
159 1. The chairperson of the Board of Medicine shall appoint
160 three members who are physicians and members of the Board of
161 Medicine. One of the physicians must supervise a physician
162 assistant in the physician’s practice.
163 2. The chairperson of the Board of Osteopathic Medicine
164 shall appoint two members one member who are physicians is a
165 physician and members a member of the Board of Osteopathic
166 Medicine.
167 3. The chairperson of the Board of Podiatric Medicine shall
168 appoint one member who is a podiatric physician and a member of
169 the Board of Podiatric Medicine.
170 4.3. The State Surgeon General or her or his designee shall
171 appoint one member who is a fully licensed physician assistant
172 licensed under chapter 458, or this chapter, or chapter 461.
173 (b) Two of the members appointed to the council must be
174 physicians who supervise physician assistants in their practice.
175 Members shall be appointed to terms of 4 years, except that of
176 the initial appointments, three two members shall be appointed
177 to terms of 2 years, three two members shall be appointed to
178 terms of 3 years, and one member shall be appointed to a term of
179 4 years, as established by rule of the boards. Council members
180 may not serve more than two consecutive terms. The council shall
181 annually elect a chairperson from among its members.
182 (c) The council shall:
183 1. Recommend to the department the licensure of physician
184 assistants.
185 2. Develop all rules regulating the use of physician
186 assistants by physicians under chapter 458, and this chapter,
187 and chapter 461, except for rules relating to the formulary
188 developed under s. 458.347. The council shall also develop rules
189 to ensure that the continuity of supervision is maintained in
190 each practice setting. The boards shall consider adopting a
191 proposed rule developed by the council at the regularly
192 scheduled meeting immediately following the submission of the
193 proposed rule by the council. A proposed rule submitted by the
194 council may not be adopted by a either board unless all both
195 boards have accepted and approved the identical language
196 contained in the proposed rule. The language of all proposed
197 rules submitted by the council must be approved by all both
198 boards pursuant to each respective board’s guidelines and
199 standards regarding the adoption of proposed rules. If a either
200 board rejects the council’s proposed rule, that board must
201 specify its objection to the council with particularity and
202 include any recommendations it may have for the modification of
203 the proposed rule.
204 3. Make recommendations to the boards regarding all matters
205 relating to physician assistants.
206 4. Address concerns and problems of practicing physician
207 assistants in order to improve safety in the clinical practices
208 of licensed physician assistants.
209 Section 4. Subsection (3) of section 461.007, Florida
210 Statutes, is amended to read:
211 461.007 Renewal of license.—
212 (3) The board may by rule prescribe continuing education,
213 not to exceed 40 hours biennially, as a condition for renewal of
214 a license, with a minimum of 2 hours of continuing education
215 related to the safe and effective prescribing of controlled
216 substances. The criteria for such programs or courses shall be
217 approved by the board.
218 Section 5. Section 461.0145, Florida Statutes, is created
219 to read:
220 461.0145 Physician assistants.—
221 (1) A podiatric physician or group of podiatric physicians
222 may supervise up to four physician assistants licensed under s.
223 458.347 or s. 459.022. A physician assistant must be qualified
224 in the medical areas in which the physician assistant is to
225 perform.
226 (2) A physician assistant practicing under this chapter
227 shall be governed by s. 458.347 or s. 459.022.
228 (3) A podiatric physician or group of podiatric physicians
229 supervising a physician assistant shall be individually or
230 collectively responsible and liable for the performance and the
231 acts and omissions of the physician assistant.
232 Section 6. Section 461.0155, Florida Statutes, is created
233 to read:
234 461.0155 Medical assistants.—A podiatric physician who is
235 supervising a medical assistant shall be governed by s.
236 458.3485.
237 Section 7. Paragraph (b) of subsection (1) of section
238 624.27, Florida Statutes, is amended to read:
239 624.27 Direct health care agreements; exemption from code.—
240 (1) As used in this section, the term:
241 (b) “Health care provider” means a health care provider
242 licensed under chapter 458, chapter 459, chapter 460, chapter
243 461, chapter 464, or chapter 466, or a health care group
244 practice, who provides health care services to patients.
245 Section 8. This act shall take effect July 1, 2020.