Legislative record

AN ACT TO AMEND THE DELAWARE CODE RELATING TO PHYSICIAN ASSOCIATES AND PHYSICIAN ASSISTANTS.

This Act changes the title of “physician assistant” to “physician associate” in Title 24, as well as changes the references from physician assistant to physician associate throughout the Delaware Code. It does not change any rights or privileges of those who have been or continue to hold themselves out to be a “physician assistant.” Current law provides that a physician associate may not maintain or manage a location that does not have oversight by the physician associate’s collaborating physician. This Act provides that a licensed physician associate with more than 6,000 post-graduate clinical practice hours who intends to practice without a collaborative agreement must apply to the Regulatory Council for Physician Assistants for independent practice authority. This Act also provides that the Regulatory Council for Physician Associates must adopt rules and regulations to address the following: (1) the verification of post-graduate clinical practice hours for physician associates with more than 6,000 post-graduate clinical practice hours; (2) creating an application for physician associates with more than 6,000 post-graduate clinical practice hours to request independent practice authority; (3) creating a process for physician associates who practice without at least 1 licensed Delaware physician in the group, practice, or health system, and have been granted independent practice authority, to notify the Physician Associates Regulatory Council prior to a change of their practice area and provide proof they have had training which aligns to the new practice area; and (4) the conditions under which a physician associate may be denied independent practice authority and how to reapply. The Act also provides that a physician associate is considered to be a primary care provider when practicing in the medical specialties for a physician to be a primary care provider. Payment for services within the physician associate’s scope of practice must be made when ordered or performed by the physician associate, if the same service would have been covered if ordered or performed by a physician. Payment for services must be based on the services provided and not on the health care professional who delivered the service. Physician associates must be authorized to bill for and receive direct payment for the medically necessary services they deliver. The Act also provides that a physician associate who has independent practice authority may sign the special disabled license plate or placard applicant form certifying that a person is disabled, for use in an application to receive a special license plate. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act is effective immediately and to be implemented the earlier of : (1) One year from the date of the Act’s enactment; or (2) When the Board of Medical Licensure and Discipline approves the enabling regulations promulgated by the Regulatory Council of Physician Associates.