Bill Text: MI SB0026 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Health; occupations; ability to form a limited liability company or professional service corporation by physicians and physician's assistants; clarify to ensure proper supervision of physician's assistants. Amends sec. 17048 of 1978 PA 368 (MCL 333.17048). TIE BAR WITH: SB 0027'09, SB 0028'09
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2010-07-21 - Assigned Pa 0124'10 With Immediate Effect [SB0026 Detail]
Download: Michigan-2009-SB0026-Engrossed.html
SB-0026, As Passed House, July 1, 2010
SUBSTITUTE FOR
SENATE BILL NO. 26
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 17048 (MCL 333.17048), as amended by 1996 PA
355.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 17048. (1) Except as otherwise provided in this
subsection
section and section 17049(5), a physician who is a sole
practitioner or who practices in a group of physicians and treats
patients on an outpatient basis shall not supervise more than 4
physician's assistants. If a physician described in this subsection
supervises physician's assistants at more than 1 practice site, the
physician shall not supervise more than 2 physician's assistants by
a method other than the physician's actual physical presence at the
practice site.
(2) A physician who is employed by, under contract or
subcontract to, or has privileges at a health facility or agency
licensed under article 17 or a state correctional facility may
supervise more than 4 physician's assistants at the health facility
or agency or state correctional facility.
(3) To the extent that a particular selected medical care
service requires extensive medical training, education, or ability
or
pose poses serious risks to the health and safety of patients,
the board may prohibit or otherwise restrict the delegation of that
medical care service or may require higher levels of supervision.
(4) A physician shall not delegate ultimate responsibility for
the quality of medical care services, even if the medical care
services are provided by a physician's assistant.
(5) The board may promulgate rules for the delegation by a
supervising physician to a physician's assistant of the function of
prescription of drugs. The rules may define the drugs or classes of
drugs the prescription of which shall not be delegated and other
procedures and protocols necessary to promote consistency with
federal and state drug control and enforcement laws. Until the
rules are promulgated, a supervising physician may delegate the
prescription of drugs other than controlled substances as defined
by article 7 or federal law. When delegated prescription occurs,
both the physician's assistant's name and the supervising
physician's name shall be used, recorded, or otherwise indicated in
connection with each individual prescription.
(6) A supervising physician may delegate in writing to a
physician's assistant the ordering, receipt, and dispensing of
complimentary starter dose drugs other than controlled substances
as defined by article 7 or federal law. When the delegated
ordering, receipt, or dispensing of complimentary starter dose
drugs occurs, both the physician's assistant's name and the
supervising physician's name shall be used, recorded, or otherwise
indicated in connection with each order, receipt, or dispensing. As
used in this subsection, "complimentary starter dose" means that
term as defined in section 17745. It is the intent of the
legislature in enacting this subsection to allow a pharmaceutical
manufacturer or wholesale distributor, as those terms are defined
in part 177, to distribute complimentary starter dose drugs to a
physician's assistant, as described in this subsection, in
compliance with section 503(d) of the federal food, drug, and
cosmetic
act, chapter 675, 52 Stat. 1051, 21 U.S.C. 21 USC
353.
(7) Beginning on the effective date of the amendatory act that
added this subsection, if 1 or more individuals licensed under part
170 to engage in the practice of medicine, licensed under part 175
to engage in the practice of osteopathic medicine and surgery, or
licensed under part 180 to engage in the practice of podiatric
medicine and surgery, and 1 or more physician's assistants organize
a professional service corporation pursuant to section 4 of the
professional service corporation act, 1962 PA 192, MCL 450.224, or
a professional limited liability company pursuant to section 904 of
the Michigan limited liability company act, 1993 PA 23, MCL
450.4904, the individuals who are the supervising physicians of the
physician's assistants shall be shareholders in the same
professional service corporation or members in the same
professional limited liability company as the physician's
assistants and shall meet all of the applicable requirements of
part 170, 175, or 180. If 1 or more physician's assistants
organized a professional service corporation pursuant to section 4
of the professional service corporation act, 1962 PA 192, MCL
450.224, or a professional limited liability company pursuant to
section 904 of the Michigan limited liability company act, 1993 PA
23, MCL 450.4904, before the effective date of the amendatory act
that added this subsection that has only physician's assistants as
shareholders or members, the individuals who are the supervising
physicians of the physician's assistants shall meet all of the
applicable requirements of part 170, 175, or 180.
(8) In addition to the requirements of section 17068 and
beginning on the effective date of the amendatory act that added
this subsection, the department shall include on the form used for
renewal of licensure a space for a physician's assistant to
disclose whether he or she is a shareholder in a professional
service corporation pursuant to section 4 of the professional
service corporation act, 1962 PA 192, MCL 450.224, or a member in a
professional limited liability company pursuant to section 904 of
the Michigan limited liability company act, 1993 PA 23, MCL
450.4904, which corporation or company was organized before the
effective date of the amendatory act that added this subsection. A
physician's assistant who is a shareholder in a professional
service corporation or a member in a professional limited liability
company described in this subsection shall disclose all of the
following in the form used for renewal of licensure provided by the
department:
(a) Whether any individuals licensed under part 170 to engage
in the practice of medicine, licensed under part 175 to engage in
the practice of osteopathic medicine and surgery, or licensed under
part 180 to engage in the practice of podiatric medicine and
surgery are shareholders in the professional service corporation or
members in the professional limited liability company.
(b) The name and license number of the individual licensed
under part 170 to engage in the practice of medicine, licensed
under part 175 to engage in the practice of osteopathic medicine
and surgery, or licensed under part 180 to engage in the practice
of podiatric medicine and surgery who supervises the physician's
assistant.
(c) Whether the individual licensed under part 170 to engage
in the practice of medicine, licensed under part 175 to engage in
the practice of osteopathic medicine and surgery, or licensed under
part 180 to engage in the practice of podiatric medicine and
surgery disclosed in subdivision (b) is a shareholder in the same
professional service corporation or member in a professional
limited liability company as the physician's assistant.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
(a) Senate Bill No. 27.
(b) Senate Bill No. 28.
