4246289 DOH Final Rulemaking—Physician Assistant Rights and Duties

  • DEPARTMENT OF HEALTH

     

    NOTICE OF FINAL RULEMAKING

     

    The Director of the Department of Health (“Department”), pursuant to the authority set forth in District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01 et seq. (2012 Supp.)), as amended, and Mayor’s Order 98-140, dated August 20, 1998, hereby gives notice of the adoption, without changes, of the amendment made by proposed rulemaking to Chapter 49 (Physician Assistants) of Title 17 (Business, Occupations, and Professions) of the District of Columbia Municipal Regulations (DCMR).

     

    This rulemaking amends the delegation regulations allowing physician assistants to pronounce death, to revise chart signing regulations, and to further ensure the relationship between a physician assistant and supervising physician complies with the requirements of Chapter 49.

     

    The proposed rulemaking which this rulemaking adopts as final was published in the D.C. Register on December 14, 2012, at 59 DCR 14824.  The proposed rulemaking underwent the ordinary comment and review process.  Formal written comments were received from the Surgical Critical Care Services of MedStar Washington Hospital Center, the District of Columbia Academy of Physician Assistants, and the American Academy of Physician Assistants.  After careful review of all comments received, the Department does not believe any changes to the proposed regulations are necessary at this time, and no substantive changes have been made to this rulemaking. 

     

    The Director took final rulemaking action on February 8, 2013.  These final rules will be effective upon the publication of this notice in the D.C. Register.

     

     

    Chapter 49, PHYSICIAN ASSISTANTS, of Title 17, BUSINESS, OCCUPATIONS, AND PROFESSIONS, is amended as follows:

     

    Subsection 4902.1 is amended to read as follows

     

    4902.1                An applicant shall furnish proof satisfactory to the Board that the applicant

                       has successfully completed an educational program to practice as a physician

                       assistant accredited by the Committee on Allied Health Education and

                       Accreditation (CAHEA) or its successors by submitting to the Board, with a

                       completed application, a certified transcript and an official statement

                       verifying graduation from an educational program.

     

    Subsection 4911.3 is amended to read as follows:

     

    4911.3        Physician assistants may pronounce the death of patients under their care and

                       authenticate with their signature any form that may be authenticated by a

                       supervising physician, consistent with the permission granted by their

                       supervisors, if such is specifically included among the permitted responsibilities

                       outlined in the delegation agreement.

     

    Subsection 4914.4 is amended to read as follows

     

    4914.4        It is the obligation of each team of physician(s) and physician assistant(s) to                                                           

     ensure that the physician assistant's scope of practice is identified; that

                       delegation of medical tasks is appropriate to the physician assistant's level of

                       competence; that the relationship of, and access to, the supervising physician(s)

                       is defined; and that a process for evaluation of the physician assistant's

          performance is established.  If the physician assistant is authorized to practice in  

          a licensed health care facility or other practice setting, that entity is also    

          responsible for assuring the above through its credentialing and privileging or

          equivalent process.

     

    Subsection 4914.9 is amended to read as follows:

     

    4914.9            Each physician assistant and one of the supervising physicians listed on the

                     delegation agreement must complete a practice advisory review on a quarterly

                     basis and document the review on a form kept on file in a personnel file at the

                     location in which the physician assistant practices.

     

     

    Subsection 4916.3 is amended to read as follows:

     

    4916.3            A licensed physician assistant may, if permissible under the bylaws, rules and

                     regulations of the practice setting, write medical orders, including those for

                     controlled substances, for patients under the care of the physician responsible

                     for his/her supervision.

     

    Subsection 4916.4 is amended to read as follows:

     

    4916.4      Repealed