Missouri HB 860: Modifies provisions relating to assistant physicians

Bill Text

FIRST REGULAR SESSION
HOUSE BILL NO. 860
100TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE NEELY.
1881H.01I DANA RADEMAN MILLER, Chief Clerk
AN ACT
To repeal section 334.036, RSMo, and to enact in lieu thereof one new section relating to
assistant physicians.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 334.036, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 334.036, to read as follows:
334.036. 1. For purposes of this section, the following terms shall mean:
2 (1) "Assistant physician", any medical school graduate who:
3 (a) Is a resident and citizen of the United States or is a legal resident alien;
4 (b) Has successfully completed Step 2 or Step 3 of the United States Medical Licensing
5 Examination or the equivalent of such step of any other board-approved medical licensing
6 examination within the three-year period immediately preceding application for licensure as an
7 assistant physician, or within three years after graduation from a medical college or osteopathic
8 medical college, whichever is later;
9 (c) Has not completed an approved postgraduate residency and has successfully
10 completed Step 2 or Step 3 of the United States Medical Licensing Examination or the
11 equivalent of such step of any other board-approved medical licensing examination within the
12 immediately preceding three-year period unless when such three-year anniversary occurred he
13 or she was serving as a resident physician in an accredited residency in the United States and
14 continued to do so within thirty days prior to application for licensure as an assistant physician;
15 and
16 (d) Has proficiency in the English language.
17
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended
to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

HB 860 2
18 Any medical school graduate who could have applied for licensure and complied with the
19 provisions of this subdivision at any time between August 28, 2014, and August 28, 2017, may
20 apply for licensure and shall be deemed in compliance with the provisions of this subdivision;
21 (2) "Assistant physician collaborative practice arrangement", an agreement between a
22 physician and an assistant physician that meets the requirements of this section and section
23 334.037;
24 (3) "Medical school graduate", any person who has graduated from a medical college or
25 osteopathic medical college described in section 334.031.
26 2. (1) An assistant physician collaborative practice arrangement shall limit the assistant
27 physician to providing only primary care services and only in medically underserved rural or
28 urban areas of this state or in any pilot project areas established in which assistant physicians
29 may practice.
30 (2) For a physician-assistant physician team working in a rural health clinic under the
31 federal Rural Health Clinic Services Act, P.L. 95-210, as amended:
32 (a) An assistant physician shall be considered a physician assistant for purposes of
33 regulations of the Centers for Medicare and Medicaid Services (CMS); and
34 (b) No supervision requirements in addition to the minimum federal law shall be
35 required.
36 3. (1) For purposes of this section, the licensure of assistant physicians shall take place
37 within processes established by rules of the state board of registration for the healing arts. The
38 board of healing arts is authorized to establish rules under chapter 536 establishing licensure and
39 renewal procedures, supervision, collaborative practice arrangements, fees, and addressing such
40 other matters as are necessary to protect the public and discipline the profession. No licensure
41 fee for an assistant physician shall exceed the amount of any licensure fee for a physician
42 assistant. An application for licensure may be denied or the licensure of an assistant physician
43 may be suspended or revoked by the board in the same manner and for violation of the standards
44 as set forth by section 334.100, or such other standards of conduct set by the board by rule. No
45 rule or regulation shall require an assistant physician to complete more hours of continuing
46 medical education than that of a licensed physician.
47 (2) Any rule or portion of a rule, as that term is defined in section 536.010, that is created
48 under the authority delegated in this section shall become effective only if it complies with and
49 is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section
50 and chapter 536 are nonseverable and if any of the powers vested with the general assembly
51 under chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are
52 subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed
53 or adopted after August 28, 2014, shall be invalid