Current through Register Vol. 49, No. 9, September, 2024
RULE
24 RULES GOVERNING PHYSICIAN ASSISTANTS
1. A physician assistant must possess a
license issued by the Arkansas State Medical Board prior to engaging in such
occupation.
2. To obtain a license
from the Arkansas State Medical Board the physician assistant must do the
following:
a. Answer all questions to include
the providing of all documentation requested on an application form as provided
by the Arkansas State Medical Board;
b. Pay the required fee for licensure as
delineated elsewhere in this rule;
c. Provide proof of successful completion of
Physician Assistant National Certifying Examination, as administered by the
National Commission on Certification of Physician Assistants;
d. Certify and provide such documentation, as
the Arkansas State Medical Board should require that the applicant is mentally
and physically able to engage safely in the role as a physician
assistant;
e. Certify that the
applicant is not under any current discipline, revocation, suspension or
probation or investigation from any other licensing board;
f. Provide letters of recommendation as to
quality of practice history;
g. The
applicant should be at least 21 years of age;
h. Show proof of graduation with a Bachelor's
Degree from an accredited college or university or prior service as a military
corpsman;
i. Provide proof of
graduation from a physician assistant education program recognized by the
Accreditation Review Commission on Education for the Physician Assistant or by
its successor agency, and has passed the Physician Assistant National
Certifying Examination administered by the National Commission on Certification
of Physician Assistants;
j. The
submission to the Board of a delegation agreement delineating the scope of
practice that the physician assistant will engage in, the program of evaluation
and supervision by the supervising physician;
3. If an applicant for a license submits all
of the required information, complies with all the requirements in paragraph 2,
except paragraph 2 (j) and the same is reviewed and approved by the Board, then
the applicant may request a Letter of Intent from the Board and the Board may
issue the same. Said Letter of Intent from the Board will state that the
applicant has complied with all licensure requirements of the Board except the
submission of a Delegation Agreement and supervising physician and that upon
those being submitted to the Board, it is the intent of the board to license
the applicant as a physician assistant. Said Letter of Intent will expire six
(6) months from date of issue.
4.
The Delegation Agreement
a. This delegation
agreement is to be completed and signed by the physician assistant and his/her
designated supervising physician. Said delegation agreement will be written in
the form issued by the Arkansas State Medical Board. Said protocol must be
accepted by the Arkansas State Medical Board prior to licensure of the
physician assistant.
b. The
delegation agreement as completed by the physician assistant and the
supervising physician will include the following:
(1) area or type of practice;
(2) location of practice;
(3) geographic range of supervising
physician;
(4) the type and
frequency of supervision by the supervising physician;
(5) the process of evaluation by the
supervising physician;
(6) the name
of the supervising physician;
(7)
the qualifications of the supervising physician in the area or type of practice
that the physician assistant will be functioning in;
(8) the type of drug prescribing
authorization delegated to the physician assistant by the supervising
physician;
(9) the name of the
back-up supervising physician(s) and a description of when the backup
supervising physician(s) will be utilized.
c. A copy of the approved must be kept at the
practice location of the physician assistant.
5.
a. A
physician assistant must be authorized by his supervising physician to
prescribe legend drugs and scheduled medication for patients. Said
authorization must be stated in the delegation agreement and the request
approved by the Board. A supervising physician may only authorize a physician
assistant to prescribe schedule medication that the physician is authorized to
prescribe. A physician assistant may only be authorized to receive, prescribe,
order and administer schedule 2 through 5 medications, except that a physician
assistant may prescribe hydrocodone combination products reclassified from
Schedule 3 to Schedule 2 as of October 6, 2014, if authorized by the physician
assistant's supervising physician, and in accord with other requirements of the
section. Prescriptions written by a physician assistant must contain the name
of the supervising physician on the prescription. A physician assistant's
prescriptive authority extends to drugs in Schedule 2, except regarding
hydrocodone as stated above, only if the prescription is for:
(1) an opioid, if the prescription is only
for a five-day period or less; or
(2) a stimulant, if the prescription was
originally initiated by a physician; the physician has evaluated the patient
within six (6) months before the physician assistant issues a prescription; and
the prescription by the physician assistant is to treat the same condition as
the original prescription.
b. The physician assistant will make an entry
in the patient chart noting the name of the medication, the strength, the
dosage, the quantity prescribed, the directions, the number of refills,
together with the signature of the physician assistant and the printed name of
the supervising physician for every prescription written for a patient by the
physician assistant.
c. Patient
care orders generated by a physician assistant shall be construed as having the
same medical, health, and legal force and effect as if the orders were
generated by the physician assistant's supervising physician. The orders shall
be complied with and carried out as if the orders has been issued by the
physician assistant's supervising physician.
d. Physician assistants who prescribe
controlled substances shall register with the Drug Enforcement Administration
as part of the Drug Enforcement Administration's Mid-Level Practitioner
Registry, 21 C.F.R. Part
1300, 58 FR 3 1 171-31175, and the Controlled
Substances Act.
6. A
supervising physician and/or back-up supervising physician(s) should be
available for immediate telephone contact with the physician assistant any time
the physician assistant is rendering services to the public.
7.
a.
Physician assistants provide medical services to patients consistent with the
physician assistant's license, area of practice, or authorized under the
delegation agreement. Physician assistants will have to provide medical
services to the patients consistent with the standards that a licensed
physician would provide to a patient. As such, the physician assistant must
comply with the standards of medical care of a licensed physician as stated in
the Medical Practices Act, the Rules of the Board and the Orders of the
Arkansas State Medical Board. A violation of said standards can result in the
revocation or suspension of the license when ordered by the Board after
disciplinary charges are brought.
b. A physician assistant must clearly
identify himself or herself to the patient by displaying an appropriate
designation, that is a badge, name plate with the words "physician assistant"
appearing thereon.
c. A physician
assistant will not receive directly from a patient or an insurance provider of
a patient any monies for the services he or she renders the patient. Payment of
any bills or fees for labor performed by the physician assistant will be paid
to the employer of the physician assistant and not directly to the physician
assistant.
d. A physician assistant
may pronounce death and may authenticate with his or her signature a form that
may be authenticated by a supervising physician's signature as authorized under
A.C.A. §
17-80-120.
e. A physician assistant may render care
within his or her scope of practice when responding to a need for medical care
created by an emergency or a state or local disaster if the physician assistant
is:
(1) licensed in this state;
(2) licensed or authorized to practice in
another state or territory; or
(3)
credentialed as a physician assistant by a federal employer. A physician
assistant who voluntarily and gratuitously, other than in the ordinary course
of his or her employment or practice, renders emergency medical assistance is
not liable for civil damages for personal injuries that result from acts or
omissions of the physician assistant that may constitute ordinary
negligence.
8.
The supervising physician is liable for the acts of a physician assistant whom
he or she is supervising if said acts of the physician assistant arise out of
the powers granted the physician assistant by the supervising physician. The
supervising physician may have charges brought against him by the Arkansas
State Medical Board and receive sanctions if the physician assistant should
violate the standards of medical practice as set forth in the Medical Practices
Act, the Rules of the Board and the standards of the medical community.
A supervising physician will notify the Arkansas State Medical
Board within 10 days after notification of a claim or filing of a lawsuit for
medical malpractice against a Physician Assistant, whom he supervises. Notice
to the Board shall be sent to the office of the Board and upon such forms as
may be approved by the Board. If the malpractice claim is in the form of a
complaint in a filed lawsuit, a copy of the complaint shall be furnished to the
Board along with the notification required by this Section.
9. Continuing Medical Education:
a. A physician assistant who holds an active
license to practice in the State of Arkansas shall complete 20 credit hours per
year continuing medical education.
b. If a person holding an active license as a
physician assistant in this State fails to meet the foregoing requirement
because of illness, military service, medical or religious missionary activity,
residence in a foreign country, or other extenuating circumstances, the Board
upon appropriate written application may grant an extension of time to complete
the same on an individual basis.
c.
Each year, with the application for renewal of an active license as a physician
assistant in this state, the Board will include a form which requires the
person holding the license to certify by signature, under penalty of perjury,
and disciplined by the Board, that he or she has met the stipulating continuing
medical education requirements. In addition, the Board may randomly require
physician assistants submitting such a certification to demonstrate, prior to
renewal of license, satisfaction of continuing medical education requirements
stated in his or her certification.
d. Continuing medical education records must
be kept by the licensee in an orderly manner.
All records relative to continuing medical education must be
maintained by the licensee for at least three years from the end of the
reporting period. The records or copies of the forms must be provided or made
available to the Arkansas State Medical Board.
e. Failure to complete continuing education
hours as required or failure to be able to produce records reflecting that one
has completed the required minimum medical education hours shall be a violation
and may result in the licensee having his license suspended and/or
revoked.
f. A physician assistant
who is authorized to prescribe Schedule II hydrocodone combination products
reclassified from Schedule 3 to Schedule 2 as of October 6, 2014, must complete
at least five (5) continuing education hours in the area of pain
management.
g. Each year, each
physician assistant shall obtain at least one (1) hour of CME credit
specifically regarding the prescribing of opioids and benzodiazepines. The one
hour may be included in the twenty (20) credit hours per year of continuing
medical education required and shall not constitute an additional hour of CME
per year.
10. Physician
Assistants, HIV, HBV and HCV: Physicians assistants shall adhere to Rule 16
concerning HIV, HBV, and HCV.
History: Adopted December 7, 1977; Amended October 9,1999;
Amended December 10,1999; Amended February 4, 2000; Amended April 8, 2005;
Amended June 5, 2008; Amended April 12, 2012; Amended October 1, 2015,
Effective December 14, 2015; Amended December 7, 2017, Effective June 12, 2018;
Amended June 4, 2020, Effective August 7, 2020; Amended June 28, 2022,
Effective November 19, 2022.
Replaced Regulation
4