Florida Senate - 2021                                     SB 894
       
       
        
       By Senator Diaz
       
       
       
       
       
       36-00596A-21                                           2021894__
    1                        A bill to be entitled                      
    2         An act relating to physician assistants; amending ss.
    3         458.347 and 459.022, F.S.; revising legislative
    4         intent; defining and redefining terms; deleting a
    5         limitation on the number of physician assistants a
    6         physician may supervise at one time; deleting a
    7         provision prohibiting a requirement that a supervising
    8         physician review and cosign charts or medical records
    9         prepared by a physician assistant under his or her
   10         supervision; revising physician assistant continuing
   11         education requirements related to prescribing
   12         controlled substance medications; providing
   13         construction; allowing physician assistants to provide
   14         certain authorizations that are otherwise provided by
   15         physicians, with an exception; revising provisions
   16         relating to approved programs for physician
   17         assistants; revising provisions relating to physician
   18         assistant licensure requirements; revising provisions
   19         relating to temporary licensure of physician
   20         assistants; requiring the Board of Medicine and the
   21         Board of Osteopathic Medicine to register physician
   22         assistants as autonomous physician assistants if they
   23         meet specified criteria; requiring the Department of
   24         Health to distinguish autonomous physician assistants
   25         and include specified information in their
   26         practitioner profiles; providing functions an
   27         autonomous physician assistant may perform without
   28         physician supervision; providing for registration
   29         renewal; requiring the Council on Physician Assistants
   30         to develop certain rules; requiring autonomous
   31         physician assistants to provide specified written
   32         information to new patients when engaging in
   33         autonomous practice; requiring autonomous physician
   34         assistants to report adverse incidents to the
   35         department; authorizing physician assistants to
   36         directly bill and receive payment from public and
   37         private insurance companies; providing criminal
   38         penalties; providing for disciplinary action; revising
   39         rules to be adopted by the boards; amending ss.
   40         382.008, 394.463, and 401.45, F.S.; conforming
   41         provisions relating to certificates of death,
   42         certificates for involuntary examinations, and orders
   43         not to resuscitate, respectively, to changes made by
   44         the act; providing an effective date.
   45          
   46  Be It Enacted by the Legislature of the State of Florida:
   47  
   48         Section 1. Section 458.347, Florida Statutes, is amended to
   49  read:
   50         458.347 Physician assistants.—
   51         (1) LEGISLATIVE INTENT.—
   52         (a) The purpose of this section is to allow physician
   53  assistants to practice medicine in collaboration with physicians
   54  and other health care practitioners to provide increased
   55  efficiency of and access to high-quality medical services at a
   56  reasonable cost to consumers in this state. Given their
   57  education, training, and experience in the practice of medicine,
   58  physician assistants are competent to provide these medical
   59  services encourage more effective utilization of the skills of
   60  physicians or groups of physicians by enabling them to delegate
   61  health care tasks to qualified assistants when such delegation
   62  is consistent with the patient’s health and welfare.
   63         (b) In order that maximum skills may be obtained within a
   64  minimum time period of education, a physician assistant shall be
   65  specialized to the extent that he or she can operate efficiently
   66  and effectively in the specialty areas in which he or she has
   67  been trained or is experienced.
   68         (c) The purpose of this section is to encourage the
   69  utilization of physician assistants by physicians and to allow
   70  for innovative development of programs for the education of
   71  physician assistants.
   72         (2) DEFINITIONS.—As used in this section, the term:
   73         (a) “Approved program” means a physician assistant program
   74  in the United States or in its territories or possessions which
   75  is accredited by the Accreditation Review Commission on
   76  Education for the Physician Assistant or, for programs before
   77  2001, accredited by its equivalent or predecessor entities the
   78  Committee on Allied Health Education and Accreditation or the
   79  Commission on Accreditation of Allied Health Education Programs
   80  program, formally approved by the boards, for the education of
   81  physician assistants.
   82         (b)“Autonomous physician assistant” means a physician
   83  assistant who meets the requirements of subsection (9) to
   84  practice primary care without physician supervision.
   85         (c)(b) “Boards” means the Board of Medicine and the Board
   86  of Osteopathic Medicine.
   87         (e)(c) “Council” means the Council on Physician Assistants.
   88         (i)(d) “Trainee” means a person who is currently enrolled
   89  in an approved program.
   90         (g)(e) “Physician assistant” means a person who is licensed
   91  as a physician assistant under this chapter or chapter 459 and
   92  is qualified by academic and clinical training to provide
   93  medical services, under physician supervision and in
   94  collaboration with other health care practitioners, to patients,
   95  including, but not limited to, diagnosing illnesses, developing
   96  and managing treatment plans, performing medical procedures, and
   97  prescribing and dispensing medications is a graduate of an
   98  approved program or its equivalent or meets standards approved
   99  by the boards and is licensed to perform medical services
  100  delegated by the supervising physician.
  101         (h)(f) “Supervision” means responsible supervision and
  102  control. Except in cases of emergency, supervision requires the
  103  easy availability or physical presence of the licensed physician
  104  for consultation and direction of the actions of the physician
  105  assistant. For the purposes of this definition, the term “easy
  106  availability” includes the ability to communicate by way of
  107  telecommunication. The boards shall establish rules as to what
  108  constitutes responsible supervision of the physician assistant.
  109         (f)(g)“National certification” “Proficiency examination”
  110  means a postgraduate certification an entry-level examination
  111  approved by the boards, including, but not limited to, those
  112  examinations administered by the National Commission on
  113  Certification of Physician Assistants or its equivalent or
  114  successor entity.
  115         (d)(h) “Continuing medical education” means courses
  116  recognized and approved by the boards, the American Academy of
  117  Physician Assistants, the American Medical Association, the
  118  American Osteopathic Association, or the Accreditation Council
  119  on Continuing Medical Education.
  120         (3) PERFORMANCE OF SUPERVISING PHYSICIAN.—Each physician or
  121  group of physicians supervising a licensed physician assistant
  122  must be qualified in the medical areas in which the physician
  123  assistant is to perform and shall be individually or
  124  collectively responsible and liable for the performance and the
  125  acts and omissions of the physician assistant. A physician may
  126  not supervise more than four currently licensed physician
  127  assistants at any one time. A physician supervising a physician
  128  assistant pursuant to this section may not be required to review
  129  and cosign charts or medical records prepared by such physician
  130  assistant.
  131         (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
  132         (a) The boards shall adopt, by rule, the general principles
  133  that supervising physicians must use in developing the scope of
  134  practice of a physician assistant under direct supervision and
  135  under indirect supervision. These principles shall recognize the
  136  diversity of both specialty and practice settings in which
  137  physician assistants are used.
  138         (b) This chapter does not prevent third-party payors from
  139  reimbursing employers of physician assistants for covered
  140  services rendered by licensed physician assistants.
  141         (c) Licensed physician assistants may not be denied
  142  clinical hospital privileges, except for cause, so long as the
  143  supervising physician is a staff member in good standing.
  144         (d) A supervisory physician may delegate to a licensed
  145  physician assistant, pursuant to a written protocol, the
  146  authority to act according to s. 154.04(1)(c). Such delegated
  147  authority is limited to the supervising physician’s practice in
  148  connection with a county health department as defined and
  149  established pursuant to chapter 154. The boards shall adopt
  150  rules governing the supervision of physician assistants by
  151  physicians in county health departments.
  152         (e) A supervising physician may delegate to a fully
  153  licensed physician assistant the authority to prescribe or
  154  dispense any medication used in the supervising physician’s
  155  practice unless such medication is listed on the formulary
  156  created pursuant to paragraph (f). A fully licensed physician
  157  assistant may only prescribe or dispense such medication under
  158  the following circumstances:
  159         1. A physician assistant must clearly identify to the
  160  patient that he or she is a physician assistant and inform the
  161  patient that the patient has the right to see the physician
  162  before a prescription is prescribed or dispensed by the
  163  physician assistant.
  164         2. The supervising physician must notify the department of
  165  his or her intent to delegate, on a department-approved form,
  166  before delegating such authority and of any change in
  167  prescriptive privileges of the physician assistant. Authority to
  168  dispense may be delegated only by a supervising physician who is
  169  registered as a dispensing practitioner in compliance with s.
  170  465.0276.
  171         3. The physician assistant must complete a minimum of 10
  172  continuing medical education hours in the specialty practice in
  173  which the physician assistant has prescriptive privileges with
  174  each licensure renewal. Three of the 10 hours must consist of a
  175  continuing education course on the safe and effective
  176  prescribing of controlled substance medications which is offered
  177  by a provider approved by the American Academy of Physician
  178  Assistants and which is a statewide professional association of
  179  physicians in this state accredited to provide educational
  180  activities designated for the American Medical Association
  181  Physician’s Recognition Award Category 1 credit or designated by
  182  the American Academy of Physician Assistants as a Category 1
  183  credit.
  184         4. The department may issue a prescriber number to the
  185  physician assistant granting authority for the prescribing of
  186  medicinal drugs authorized within this paragraph upon completion
  187  of the requirements of this paragraph. The physician assistant
  188  is not required to independently register pursuant to s.
  189  465.0276.
  190         5. The prescription may be in paper or electronic form but
  191  must comply with ss. 456.0392(1) and 456.42(1) and chapter 499
  192  and must contain, in addition to the supervising physician’s
  193  name, address, and telephone number, the physician assistant’s
  194  prescriber number. Unless it is a drug or drug sample dispensed
  195  by the physician assistant, the prescription must be filled in a
  196  pharmacy permitted under chapter 465 and must be dispensed in
  197  that pharmacy by a pharmacist licensed under chapter 465. The
  198  inclusion of the prescriber number creates a presumption that
  199  the physician assistant is authorized to prescribe the medicinal
  200  drug and the prescription is valid.
  201         6. The physician assistant must note the prescription or
  202  dispensing of medication in the appropriate medical record.
  203         (f)1. The council shall establish a formulary of medicinal
  204  drugs that a fully licensed physician assistant having
  205  prescribing authority under this section or s. 459.022 may not
  206  prescribe. The formulary must include general anesthetics and
  207  radiographic contrast materials and must limit the prescription
  208  of Schedule II controlled substances as listed in s. 893.03 to a
  209  7-day supply. The formulary must also restrict the prescribing
  210  of psychiatric mental health controlled substances for children
  211  younger than 18 years of age.
  212         2. In establishing the formulary, the council shall consult
  213  with a pharmacist licensed under chapter 465, but not licensed
  214  under this chapter or chapter 459, who shall be selected by the
  215  State Surgeon General.
  216         3. Only the council shall add to, delete from, or modify
  217  the formulary. Any person who requests an addition, a deletion,
  218  or a modification of a medicinal drug listed on such formulary
  219  has the burden of proof to show cause why such addition,
  220  deletion, or modification should be made.
  221         4. The boards shall adopt the formulary required by this
  222  paragraph, and each addition, deletion, or modification to the
  223  formulary, by rule. Notwithstanding any provision of chapter 120
  224  to the contrary, the formulary rule shall be effective 60 days
  225  after the date it is filed with the Secretary of State. Upon
  226  adoption of the formulary, the department shall mail a copy of
  227  such formulary to each fully licensed physician assistant having
  228  prescribing authority under this section or s. 459.022, and to
  229  each pharmacy licensed by the state. The boards shall establish,
  230  by rule, a fee not to exceed $200 to fund the provisions of this
  231  paragraph and paragraph (e).
  232         (g) A supervisory physician may delegate to a licensed
  233  physician assistant the authority to, and the licensed physician
  234  assistant acting under the direction of the supervisory
  235  physician may, order any medication for administration to the
  236  supervisory physician’s patient in a facility licensed under
  237  chapter 395 or part II of chapter 400, notwithstanding any
  238  provisions in chapter 465 or chapter 893 which may prohibit this
  239  delegation.
  240         (h) A licensed physician assistant may perform services
  241  delegated by the supervising physician in the physician
  242  assistant’s practice in accordance with his or her education and
  243  training unless expressly prohibited under this chapter, chapter
  244  459, or rules adopted under this chapter or chapter 459.
  245         (i)Nothing in this chapter prohibits a supervising
  246  physician from delegating his or her roles under s. 458.3485 to
  247  a licensed physician assistant.
  248         (j)Except for a physician certification under s. 381.986,
  249  a licensed physician assistant may provide a signature,
  250  certification, stamp, verification, affidavit, or any other
  251  endorsement that is otherwise required by law to be provided by
  252  a physician, including, but not limited to, any of the
  253  following:
  254         1.Initiation of an involuntary examination pursuant to s.
  255  394.463.
  256         2.Orders not to resuscitate or orders for life-sustaining
  257  treatment.
  258         3.Death certificates, if the physician assistant has
  259  received training on the completion of death certificates.
  260         4.School physical examinations.
  261         5.Medical evaluations for workers’ compensation claims.
  262         6.Orders for physical therapy, occupational therapy,
  263  speech-language therapy, home health services, or durable
  264  medical equipment.
  265         7.Pronouncements of death.
  266         (5) PERFORMANCE BY TRAINEES.—Notwithstanding any other law,
  267  a trainee may perform medical services when such services are
  268  rendered within the scope of an approved program.
  269         (6) PROGRAM APPROVAL.—
  270         (a) The boards shall approve programs, based on
  271  recommendations by the council, for the education and training
  272  of physician assistants which meet standards established by rule
  273  of the boards. The council may recommend only those physician
  274  assistant programs that hold full accreditation or provisional
  275  accreditation from the Accreditation Review Commission on
  276  Education for the Physician Assistant or its equivalent or
  277  successor organization Commission on Accreditation of Allied
  278  Health Programs or its successor organization. Any educational
  279  institution offering a physician assistant program approved by
  280  the boards pursuant to this paragraph may also offer the
  281  physician assistant program authorized in paragraph (c) for
  282  unlicensed physicians.
  283         (b) Notwithstanding any other law, a trainee may perform
  284  medical services when such services are rendered within the
  285  scope of an approved program The boards shall adopt and publish
  286  standards to ensure that such programs operate in a manner that
  287  does not endanger the health or welfare of the patients who
  288  receive services within the scope of the programs. The boards
  289  shall review the quality of the curricula, faculties, and
  290  facilities of such programs and take whatever other action is
  291  necessary to determine that the purposes of this section are
  292  being met.
  293         (c) Any community college with the approval of the State
  294  Board of Education may conduct a physician assistant program
  295  which shall apply for national accreditation through the
  296  American Medical Association’s Committee on Allied Health,
  297  Education, and Accreditation, or its successor organization, and
  298  which may admit unlicensed physicians, as authorized in
  299  subsection (7), who are graduates of foreign medical schools
  300  listed with the World Health Organization. The unlicensed
  301  physician must have been a resident of this state for a minimum
  302  of 12 months immediately prior to admission to the program. An
  303  evaluation of knowledge base by examination shall be required to
  304  grant advanced academic credit and to fulfill the necessary
  305  requirements to graduate. A minimum of one 16-week semester of
  306  supervised clinical and didactic education, which may be
  307  completed simultaneously, shall be required before graduation
  308  from the program. All other provisions of this section shall
  309  remain in effect.
  310         (6)(7) PHYSICIAN ASSISTANT LICENSURE.—
  311         (a) Any person desiring to be licensed as a physician
  312  assistant must apply to the department. The department shall
  313  issue a license each applicant recommended to any person
  314  certified by the council as having met all of the following
  315  requirements:
  316         1. Is at least 18 years of age.
  317         2. Has graduated from an approved physician assistant
  318  program.
  319         a.Applicants who matriculate after December 31, 2020, must
  320  have obtained a master’s degree from an approved program.
  321         b.Applicants who matriculated before January 1, 2020, must
  322  have obtained a bachelor’s or master’s degree from an approved
  323  program.
  324         c.Applicants who matriculated before July 1, 1994, must
  325  have graduated from an approved program of instruction in
  326  primary health care or surgery.
  327         d.Applicants who matriculated before July 1, 1983, must
  328  have obtained certification as a physician assistant by the
  329  board.
  330         3. Has been nationally certified by obtaining a passing
  331  score on the national certification satisfactorily passed a
  332  proficiency examination by an acceptable score established by
  333  the National Commission on Certification of Physician
  334  Assistants. If an applicant does not hold a current certificate
  335  issued by the National Commission on Certification of Physician
  336  Assistants and has not actively practiced as a physician
  337  assistant within the immediately preceding 4 years, the
  338  applicant must retake and successfully complete the initial
  339  certification entry-level examination of the National Commission
  340  on Certification of Physician Assistants to be eligible for
  341  licensure.
  342         4.3. Has completed the application form and remitted an
  343  application fee not to exceed $300 as set by the boards. An
  344  application for licensure as made by a physician assistant must
  345  include:
  346         a. A diploma from an approved certificate of completion of
  347  a physician assistant training program specified in subsection
  348  (5)(6).
  349         b.A physician assistant program verification form.
  350         c.b. Acknowledgment of any prior felony convictions.
  351         d.c. Acknowledgment of any previous revocation or denial of
  352  licensure or certification in any state.
  353         e.d. A copy of course transcripts and a copy of the course
  354  descriptions description from a physician assistant training
  355  program.
  356         f.If applying for prescribing authority, a copy of the
  357  transcript and description of the course in pharmacotherapy
  358  which the applicant completed at a physician assistant program
  359  describing course content in pharmacotherapy, if the applicant
  360  wishes to apply for prescribing authority. These documents must
  361  meet the evidence requirements for prescribing authority.
  362         (b) A physician assistant must notify the board in writing
  363  within 30 days after gaining or changing employment or after any
  364  change of the physician assistant’s supervising physician. The
  365  notification must include the supervising physician’s full name,
  366  Florida medical license number, specialty, and address.
  367         (7)TEMPORARY LICENSURE.—
  368         (a)Notwithstanding subsection (6), the department may
  369  grant a temporary license to practice as a physician assistant
  370  to an applicant who meets all of the following criteria:
  371         1.Is a recent graduate of an approved program as specified
  372  in subsection (5).
  373         2.Has satisfied the licensure requirements of paragraph
  374  (6)(a) except for passage of the national certification
  375  examination administered by the National Commission on
  376  Certification of Physician Assistants.
  377         3.Is registered or intends to register for the first
  378  available national certification examination after the
  379  applicant’s graduation.
  380         (b)An applicant with a temporary license must comply with
  381  the notification requirements of paragraph (6)(b).
  382         (c)A temporary license expires 30 days after the
  383  department’s receipt of the applicant’s score on the national
  384  certification examination.
  385         (d)The department may grant a full license to an applicant
  386  who passes the national certification examination.
  387         (e)An applicant who fails the national certification
  388  examination no longer holds a temporary license to practice as a
  389  physician assistant, but may reapply for a 1-year extension of
  390  the temporary license. The department may not grant an applicant
  391  more than one extension of the temporary license.
  392         (f)An applicant may not be licensed as a physician
  393  assistant until he or she passes the national certification
  394  examination.
  395         (g)As prescribed by board rule, the council may require an
  396  applicant who does not pass the national certification
  397  examination after five or more attempts to complete additional
  398  remedial education or training. The council shall prescribe the
  399  additional requirements in a manner that permits the applicant
  400  to complete the requirements and be reexamined within 2 years
  401  after the date the applicant petitions the council to retake the
  402  examination a sixth or subsequent time.
  403         (8)LICENSURE RENEWAL.—
  404         (a)1. The license must be renewed biennially. Each renewal
  405  must include:
  406         1.a. A renewal fee not to exceed $500 as set by the boards.
  407         2.b. Acknowledgment of no felony convictions in the
  408  previous 2 years.
  409         3.c. A completed physician assistant workforce survey,
  410  which shall be administered in the same manner as the physician
  411  survey established in s. 458.3191 and must contain the same
  412  information required in s. 458.3191(1) and (2).
  413         (b)2. Beginning July 1, 2018, and every 2 years thereafter,
  414  the department shall report the data collected from the
  415  physician assistant workforce surveys to the boards.
  416         3. The department shall adopt rules to implement this
  417  paragraph.
  418         (c) Each licensed physician assistant shall biennially
  419  complete 100 hours of continuing medical education or shall hold
  420  a current certificate issued by the National Commission on
  421  Certification of Physician Assistants.
  422         (d) Upon employment as a physician assistant, a licensed
  423  physician assistant must notify the department in writing within
  424  30 days after such employment or after any subsequent changes in
  425  the supervising physician. The notification must include the
  426  full name, Florida medical license number, specialty, and
  427  address of the supervising physician.
  428         (e) Notwithstanding subparagraph (a)2., the department may
  429  grant to a recent graduate of an approved program, as specified
  430  in subsection (6), who expects to take the first examination
  431  administered by the National Commission on Certification of
  432  Physician Assistants available for registration after the
  433  applicant’s graduation, a temporary license. The temporary
  434  license shall expire 30 days after receipt of scores of the
  435  proficiency examination administered by the National Commission
  436  on Certification of Physician Assistants. Between meetings of
  437  the council, the department may grant a temporary license to
  438  practice based on the completion of all temporary licensure
  439  requirements. All such administratively issued licenses shall be
  440  reviewed and acted on at the next regular meeting of the
  441  council. The recent graduate may be licensed before employment
  442  but must comply with paragraph (d). An applicant who has passed
  443  the proficiency examination may be granted permanent licensure.
  444  An applicant failing the proficiency examination is no longer
  445  temporarily licensed but may reapply for a 1-year extension of
  446  temporary licensure. An applicant may not be granted more than
  447  two temporary licenses and may not be licensed as a physician
  448  assistant until he or she passes the examination administered by
  449  the National Commission on Certification of Physician
  450  Assistants. As prescribed by board rule, the council may require
  451  an applicant who does not pass the licensing examination after
  452  five or more attempts to complete additional remedial education
  453  or training. The council shall prescribe the additional
  454  requirements in a manner that permits the applicant to complete
  455  the requirements and be reexamined within 2 years after the date
  456  the applicant petitions the council to retake the examination a
  457  sixth or subsequent time.
  458         (d)(f) The Board of Medicine may impose any of the
  459  penalties authorized under ss. 456.072 and 458.331(2) upon an
  460  autonomous physician assistant or a physician assistant if the
  461  autonomous physician assistant, physician assistant, or the
  462  supervising physician has been found guilty of or is being
  463  investigated for any act that constitutes a violation of this
  464  chapter or chapter 456.
  465         (9)PERFORMANCE OF AUTONOMOUS PHYSICIAN ASSISTANTS.—
  466         (a)The boards shall register a physician assistant as an
  467  autonomous physician assistant if the applicant demonstrates
  468  that he or she satisfies all of the following requirements:
  469         1.Holds an active, unencumbered license to practice as a
  470  physician assistant in this state.
  471         2.Has not been subject to any disciplinary action as
  472  specified in s. 456.072, s. 458.331, or s. 459.015 or any
  473  similar disciplinary action in any jurisdiction of the United
  474  States within the 5 years immediately preceding the registration
  475  request.
  476         3.Has completed, in any state, jurisdiction, or territory
  477  of the United States, at least 3,000 clinical practice hours
  478  within the 5 years immediately preceding the submission of the
  479  registration request while practicing as a physician assistant
  480  under the supervision of an allopathic or osteopathic physician
  481  who held an active, unencumbered license issued by any state,
  482  the District of Columbia, or a territory or possession of the
  483  United States during the period of such supervision. Clinical
  484  instructional hours provided by the applicant may count toward
  485  the clinical practice hour requirement. For purposes of this
  486  subparagraph, the term “clinical instruction” means education
  487  provided by faculty in a clinical setting in a graduate program
  488  leading to a master’s or doctoral degree in physician assistant
  489  practice.
  490         4.Has completed a graduate-level course in pharmacology
  491  and differential diagnosis.
  492         5.Obtains and maintains professional liability coverage at
  493  the same level and in the same manner as in s. 458.320(1)(b) or
  494  (c). However, the requirements of this subparagraph do not apply
  495  to:
  496         a.Any person registered under this subsection who
  497  practices exclusively as an officer, employee, or agent of the
  498  Federal Government or of the state or its agencies or
  499  subdivisions.
  500         b.Any person whose license has become inactive and who is
  501  not practicing as an autonomous physician assistant in this
  502  state.
  503         c.Any person who practices as an autonomous physician
  504  assistant only in conjunction with his or her teaching duties at
  505  an accredited school or its main teaching hospital. Such
  506  practice is limited to that which is incidental to and a
  507  necessary part of duties in connection with the teaching
  508  position.
  509         d.Any person who holds an active registration under this
  510  subsection who is not practicing as an autonomous physician
  511  assistant in this state. If such person initiates or resumes any
  512  practice as an autonomous physician assistant, he or she must
  513  notify the department of such activity and fulfill the
  514  professional liability coverage requirements of this
  515  subparagraph.
  516         (b)The department shall distinguish an autonomous
  517  physician assistant license if he or she is registered under
  518  this subsection and shall include the registration in the
  519  physician assistant’s practitioner profile created pursuant to
  520  s. 456.041.
  521         (c)An autonomous physician assistant may do all of the
  522  following without physician supervision:
  523         1.Render only primary care services as defined by rule of
  524  the boards.
  525         2.Provide any service that is within the scope of the
  526  autonomous physician assistant’s education and experience and
  527  provided in accordance with rules adopted by the boards.
  528         3.Prescribe, dispense, administer, or order any medicinal
  529  drug as authorized by the formulary adopted under paragraph
  530  (4)(f).
  531         4.Provide a signature, a certification, a stamp, a
  532  verification, an affidavit, or any other endorsement that is
  533  otherwise required by law to be provided by a physician, except
  534  for a physician certification under s. 381.986.
  535         5.For patients requiring services in a health care
  536  facility as defined in s. 408.032:
  537         a.Admit a patient to the facility;
  538         b.Manage the care received by the patient at the facility;
  539  and
  540         c.Discharge the patient from the facility, unless
  541  prohibited by federal law or rule.
  542         (d)An autonomous physician assistant must biennially renew
  543  his or her registration under this subsection. The biennial
  544  renewal must coincide with the autonomous physician assistant’s
  545  biennial renewal period for physician assistant licensure.
  546         (e)The council shall develop rules defining the primary
  547  care practice of autonomous physician assistants, including, but
  548  not limited to, internal medicine, general pediatrics, family
  549  medicine, geriatrics, and general obstetrics and gynecology
  550  practices.
  551         (f)When engaging in autonomous practice, an autonomous
  552  physician assistant must provide to a new patient, during or
  553  before the initial patient encounter, written information
  554  explaining his or her qualifications and the nature of
  555  autonomous practice.
  556         (g) An autonomous physician assistant must report adverse
  557  incidents to the department in accordance with s. 458.351.
  558         (10)ELECTRONIC SUBMISSIONS.—An application or other
  559  documentation required to be submitted to the department under
  560  this section subsection may be submitted electronically.
  561         (11)DIRECT BILLING AND REIMBURSEMENT.—A physician
  562  assistant may directly bill and receive payment from public and
  563  private insurance companies for medical services rendered.
  564         (12)(8) DELEGATION OF POWERS AND DUTIES.—The boards may
  565  delegate such powers and duties to the council as they may deem
  566  proper.
  567         (13)(9) COUNCIL ON PHYSICIAN ASSISTANTS.—The Council on
  568  Physician Assistants is created within the department.
  569         (a) The council shall consist of five members appointed as
  570  follows:
  571         1. The chairperson of the Board of Medicine shall appoint
  572  one member who is a physician and member of the Board of
  573  Medicine who supervises a physician assistant in the physician’s
  574  practice.
  575         2. The chairperson of the Board of Osteopathic Medicine
  576  shall appoint one member who is a physician and member of the
  577  Board of Osteopathic Medicine who supervises a physician
  578  assistant in the physician’s practice.
  579         3. The State Surgeon General or his or her designee shall
  580  appoint three fully licensed physician assistants licensed under
  581  this chapter or chapter 459.
  582         (b) Members shall be appointed to terms of 4 years, except
  583  that of the initial appointments, two members shall be appointed
  584  to terms of 2 years, two members shall be appointed to terms of
  585  3 years, and one member shall be appointed to a term of 4 years,
  586  as established by rule of the boards. Council members may not
  587  serve more than two consecutive terms. The council shall
  588  annually elect a chairperson from among its members.
  589         (c) The council shall:
  590         1. Recommend to the department the licensure of physician
  591  assistants.
  592         2. Develop all rules regulating the use of physician
  593  assistants by physicians under this chapter and chapter 459,
  594  except for rules relating to the formulary developed under
  595  paragraph (4)(f). The council shall also develop rules to ensure
  596  that the continuity of supervision is maintained in each
  597  practice setting. The boards shall consider adopting a proposed
  598  rule developed by the council at the regularly scheduled meeting
  599  immediately following the submission of the proposed rule by the
  600  council. A proposed rule submitted by the council may not be
  601  adopted by either board unless both boards have accepted and
  602  approved the identical language contained in the proposed rule.
  603  The language of all proposed rules submitted by the council must
  604  be approved by both boards pursuant to each respective board’s
  605  guidelines and standards regarding the adoption of proposed
  606  rules. If either board rejects the council’s proposed rule, that
  607  board must specify its objection to the council with
  608  particularity and include any recommendations it may have for
  609  the modification of the proposed rule.
  610         3. Make recommendations to the boards regarding all matters
  611  relating to physician assistants.
  612         4. Address concerns and problems of practicing physician
  613  assistants in order to improve safety in the clinical practices
  614  of licensed physician assistants.
  615         (d) When the council finds that an applicant for licensure
  616  has failed to meet, to the council’s satisfaction, each of the
  617  requirements for licensure set forth in this section, the
  618  council may enter an order to:
  619         1. Refuse to certify the applicant for licensure;
  620         2. Approve the applicant for licensure with restrictions on
  621  the scope of practice or license; or
  622         3. Approve the applicant for conditional licensure. Such
  623  conditions may include placement of the licensee on probation
  624  for a period of time and subject to such conditions as the
  625  council may specify, including but not limited to, requiring the
  626  licensee to undergo treatment, to attend continuing education
  627  courses, to work under the direct supervision of a physician
  628  licensed in this state, or to take corrective action.
  629         (14)(10) INACTIVE AND DELINQUENT STATUS.—A license on
  630  inactive or delinquent status may be reactivated only as
  631  provided in s. 456.036.
  632         (15)(11) PENALTY.—Any person who has not been registered or
  633  licensed by the council and approved by the department and who
  634  holds himself or herself out as an autonomous physician
  635  assistant or a physician assistant or who uses any other term in
  636  indicating or implying that he or she is an autonomous physician
  637  assistant or a physician assistant commits a felony of the third
  638  degree, punishable as provided in s. 775.082 or s. 775.084 or by
  639  a fine not exceeding $5,000.
  640         (16)(12) DENIAL, SUSPENSION, OR REVOCATION OF LICENSURE.
  641  The boards may deny, suspend, or revoke the registration of an
  642  autonomous physician assistant or the license of a physician
  643  assistant license if a board determines that the autonomous
  644  physician assistant or physician assistant has violated this
  645  chapter.
  646         (17)(13) RULES.—The boards shall adopt rules to implement
  647  this section, including, but not limited to, rules:
  648         (a) Detailing the contents of the application for licensure
  649  and notification under subsection (6);
  650         (b)Relating to the registration of autonomous physician
  651  assistants under subsection (9);
  652         (c)Regulating the primary care practice of autonomous
  653  physician assistants; pursuant to subsection (7) and rules to
  654  ensure both
  655         (d)Ensuring the continued competency of autonomous
  656  physician assistants and physician assistants and the proper
  657  utilization of them by physicians or groups of physicians.
  658         (18)(14) EXISTING PROGRAMS.—This section does not eliminate
  659  or supersede existing laws relating to other paramedical
  660  professions or services and is supplemental to all such existing
  661  laws relating to the licensure and practice of paramedical
  662  professions.
  663         (19)(15) LIABILITY.—Each supervising physician using a
  664  physician assistant is liable for any acts or omissions of the
  665  physician assistant acting under the physician’s supervision and
  666  control.
  667         (20)(16) LEGAL SERVICES.—Legal services shall be provided
  668  to the council pursuant to s. 456.009(1).
  669         (21)(17) FEES.—The department shall allocate the fees
  670  collected under this section to the council.
  671         Section 2. Section 459.022, Florida Statutes, is amended to
  672  read:
  673         459.022 Physician assistants.—
  674         (1) LEGISLATIVE INTENT.—
  675         (a) The purpose of this section is to allow physician
  676  assistants to practice osteopathic medicine in collaboration
  677  with osteopathic physicians and other health care practitioners
  678  to provide increased efficiency of and access to high-quality
  679  medical services at a reasonable cost to consumers in this
  680  state. Given their education, training, and experience in the
  681  practice of osteopathic medicine, physician assistants are
  682  competent to provide these medical services encourage more
  683  effective utilization of the skills of osteopathic physicians or
  684  groups of osteopathic physicians by enabling them to delegate
  685  health care tasks to qualified assistants when such delegation
  686  is consistent with the patient’s health and welfare.
  687         (b) In order that maximum skills may be obtained within a
  688  minimum time period of education, a physician assistant shall be
  689  specialized to the extent that she or he can operate efficiently
  690  and effectively in the specialty areas in which she or he has
  691  been trained or is experienced.
  692         (c) The purpose of this section is to encourage the
  693  utilization of physician assistants by osteopathic physicians
  694  and to allow for innovative development of programs for the
  695  education of physician assistants.
  696         (2) DEFINITIONS.—As used in this section:
  697         (a) “Approved program” means a physician assistant program
  698  in the United States or in its territories or possessions which
  699  is accredited by the Accreditation Review Commission on
  700  Education for the Physician Assistant or, for programs before
  701  2001, accredited by its equivalent or predecessor entities the
  702  Committee on Allied Health Education and Accreditation or the
  703  Commission on Accreditation of Allied Health Education Programs
  704  program, formally approved by the boards, for the education of
  705  physician assistants.
  706         (b)“Autonomous physician assistant” means a physician
  707  assistant who meets the requirements of subsection (9) to
  708  practice primary care without physician supervision.
  709         (c)(b) “Boards” means the Board of Medicine and the Board
  710  of Osteopathic Medicine.
  711         (e)(c) “Council” means the Council on Physician Assistants.
  712         (i)(d) “Trainee” means a person who is currently enrolled
  713  in an approved program.
  714         (g)(e) “Physician assistant” means a person who is licensed
  715  as a physician assistant under this chapter or chapter 458 and
  716  is qualified by academic and clinical training to provide
  717  medical services, under physician supervision and in
  718  collaboration with other health care practitioners, to patients,
  719  including, but not limited to, diagnosing illnesses, developing
  720  and managing treatment plans, performing medical procedures, and
  721  prescribing and dispensing medications is a graduate of an
  722  approved program or its equivalent or meets standards approved
  723  by the boards and is licensed to perform medical services
  724  delegated by the supervising physician.
  725         (h)(f) “Supervision” means responsible supervision and
  726  control. Except in cases of emergency, supervision requires the
  727  easy availability or physical presence of the licensed physician
  728  for consultation and direction of the actions of the physician
  729  assistant. For the purposes of this definition, the term “easy
  730  availability” includes the ability to communicate by way of
  731  telecommunication. The boards shall establish rules as to what
  732  constitutes responsible supervision of the physician assistant.
  733         (f)(g)“National certification” “Proficiency examination”
  734  means a postgraduate certification an entry-level examination
  735  approved by the boards, including, but not limited to, those
  736  examinations administered by the National Commission on
  737  Certification of Physician Assistants or its equivalent or
  738  successor entity.
  739         (d)(h) “Continuing medical education” means courses
  740  recognized and approved by the boards, the American Academy of
  741  Physician Assistants, the American Medical Association, the
  742  American Osteopathic Association, or the Accreditation Council
  743  on Continuing Medical Education.
  744         (3) PERFORMANCE OF SUPERVISING PHYSICIAN.—Each physician or
  745  group of physicians supervising a licensed physician assistant
  746  must be qualified in the medical areas in which the physician
  747  assistant is to perform and shall be individually or
  748  collectively responsible and liable for the performance and the
  749  acts and omissions of the physician assistant. A physician may
  750  not supervise more than four currently licensed physician
  751  assistants at any one time. A physician supervising a physician
  752  assistant pursuant to this section may not be required to review
  753  and cosign charts or medical records prepared by such physician
  754  assistant.
  755         (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
  756         (a) The boards shall adopt, by rule, the general principles
  757  that supervising physicians must use in developing the scope of
  758  practice of a physician assistant under direct supervision and
  759  under indirect supervision. These principles shall recognize the
  760  diversity of both specialty and practice settings in which
  761  physician assistants are used.
  762         (b) This chapter does not prevent third-party payors from
  763  reimbursing employers of physician assistants for covered
  764  services rendered by licensed physician assistants.
  765         (c) Licensed physician assistants may not be denied
  766  clinical hospital privileges, except for cause, so long as the
  767  supervising physician is a staff member in good standing.
  768         (d) A supervisory physician may delegate to a licensed
  769  physician assistant, pursuant to a written protocol, the
  770  authority to act according to s. 154.04(1)(c). Such delegated
  771  authority is limited to the supervising physician’s practice in
  772  connection with a county health department as defined and
  773  established pursuant to chapter 154. The boards shall adopt
  774  rules governing the supervision of physician assistants by
  775  physicians in county health departments.
  776         (e) A supervising physician may delegate to a fully
  777  licensed physician assistant the authority to prescribe or
  778  dispense any medication used in the supervising physician’s
  779  practice unless such medication is listed on the formulary
  780  created pursuant to s. 458.347. A fully licensed physician
  781  assistant may only prescribe or dispense such medication under
  782  the following circumstances:
  783         1. A physician assistant must clearly identify to the
  784  patient that she or he is a physician assistant and must inform
  785  the patient that the patient has the right to see the physician
  786  before a prescription is prescribed or dispensed by the
  787  physician assistant.
  788         2. The supervising physician must notify the department of
  789  her or his intent to delegate, on a department-approved form,
  790  before delegating such authority and of any change in
  791  prescriptive privileges of the physician assistant. Authority to
  792  dispense may be delegated only by a supervising physician who is
  793  registered as a dispensing practitioner in compliance with s.
  794  465.0276.
  795         3. The physician assistant must complete a minimum of 10
  796  continuing medical education hours in the specialty practice in
  797  which the physician assistant has prescriptive privileges with
  798  each licensure renewal. Three of the 10 hours must consist of a
  799  continuing education course on the safe and effective
  800  prescribing of controlled substance medications which is offered
  801  by a provider that has been approved by the American Academy of
  802  Physician Assistants and which is designated for the American
  803  Medical Association Physician’s Recognition Award Category 1
  804  credit or designated by the American Academy of Physician
  805  Assistants as a Category 1 credit.
  806         4. The department may issue a prescriber number to the
  807  physician assistant granting authority for the prescribing of
  808  medicinal drugs authorized within this paragraph upon completion
  809  of the requirements of this paragraph. The physician assistant
  810  is not required to independently register pursuant to s.
  811  465.0276.
  812         5. The prescription may be in paper or electronic form but
  813  must comply with ss. 456.0392(1) and 456.42(1) and chapter 499
  814  and must contain, in addition to the supervising physician’s
  815  name, address, and telephone number, the physician assistant’s
  816  prescriber number. Unless it is a drug or drug sample dispensed
  817  by the physician assistant, the prescription must be filled in a
  818  pharmacy permitted under chapter 465, and must be dispensed in
  819  that pharmacy by a pharmacist licensed under chapter 465. The
  820  inclusion of the prescriber number creates a presumption that
  821  the physician assistant is authorized to prescribe the medicinal
  822  drug and the prescription is valid.
  823         6. The physician assistant must note the prescription or
  824  dispensing of medication in the appropriate medical record.
  825         (f) A supervisory physician may delegate to a licensed
  826  physician assistant the authority to, and the licensed physician
  827  assistant acting under the direction of the supervisory
  828  physician may, order any medication for administration to the
  829  supervisory physician’s patient in a facility licensed under
  830  chapter 395 or part II of chapter 400, notwithstanding any
  831  provisions in chapter 465 or chapter 893 which may prohibit this
  832  delegation.
  833         (g) A licensed physician assistant may perform services
  834  delegated by the supervising physician in the physician
  835  assistant’s practice in accordance with his or her education and
  836  training unless expressly prohibited under this chapter, chapter
  837  458, or rules adopted under this chapter or chapter 458.
  838         (h)Nothing in this chapter prohibits a licensed physician
  839  assistant from supervising a medical assistant in accordance
  840  with s. 458.3485.
  841         (i)Except for a physician certification under s. 381.986,
  842  a licensed physician assistant may provide a signature, a
  843  certification, a stamp, a verification, an affidavit, or any
  844  other endorsement that is otherwise required by law to be
  845  provided by a physician, including, but not limited to, any of
  846  the following:
  847         1.Initiation of an involuntary examination pursuant to s.
  848  394.463.
  849         2.Orders not to resuscitate or orders for life-sustaining
  850  treatment.
  851         3.Death certificates, if the physician assistant has
  852  received training on the completion of death certificates.
  853         4.School physical examinations.
  854         5.Medical evaluations for workers’ compensation claims.
  855         6.Orders for physical therapy, occupational therapy,
  856  speech-language therapy, home health services, or durable
  857  medical equipment.
  858         7.Pronouncements of death.
  859         (5) PERFORMANCE BY TRAINEES.—Notwithstanding any other law,
  860  a trainee may perform medical services when such services are
  861  rendered within the scope of an approved program.
  862         (6) PROGRAM APPROVAL.—
  863         (a) The boards shall approve programs, based on
  864  recommendations by the council, for the education and training
  865  of physician assistants which meet standards established by rule
  866  of the boards. The council may recommend only those physician
  867  assistant programs that hold full accreditation or provisional
  868  accreditation from the Accreditation Review Commission on
  869  Education for the Physician Assistant or its equivalent or
  870  successor organization Commission on Accreditation of Allied
  871  Health Programs or its successor organization.
  872         (b) Notwithstanding any other law, a trainee may perform
  873  medical services when such services are rendered within the
  874  scope of an approved program The boards shall adopt and publish
  875  standards to ensure that such programs operate in a manner that
  876  does not endanger the health or welfare of the patients who
  877  receive services within the scope of the programs. The boards
  878  shall review the quality of the curricula, faculties, and
  879  facilities of such programs and take whatever other action is
  880  necessary to determine that the purposes of this section are
  881  being met.
  882         (6)(7) PHYSICIAN ASSISTANT LICENSURE.—
  883         (a) Any person desiring to be licensed as a physician
  884  assistant must apply to the department. The department shall
  885  issue a license each applicant recommended to any person
  886  certified by the council as having met all of the following
  887  requirements:
  888         1. Is at least 18 years of age.
  889         2. Has graduated from an approved physician assistant
  890  program.
  891         a.Applicants who matriculate after December 31, 2020, must
  892  have obtained a master’s degree from an approved program.
  893         b.Applicants who matriculated before January 1, 2020, must
  894  have obtained a bachelor’s or master’s degree from an approved
  895  program.
  896         c.Applicants who matriculated before July 1, 1994, must
  897  have graduated from an approved program of instruction in
  898  primary health care or surgery.
  899         d.Applicants who matriculated before July 1, 1983, must
  900  have obtained certification as a physician assistant by the
  901  board.
  902         3. Has been nationally certified by obtaining a passing
  903  score on the national certification satisfactorily passed a
  904  proficiency examination by an acceptable score established by
  905  the National Commission on Certification of Physician
  906  Assistants. If an applicant does not hold a current certificate
  907  issued by the National Commission on Certification of Physician
  908  Assistants and has not actively practiced as a physician
  909  assistant within the immediately preceding 4 years, the
  910  applicant must retake and successfully complete the initial
  911  certification entry-level examination of the National Commission
  912  on Certification of Physician Assistants to be eligible for
  913  licensure.
  914         4.3. Has completed the application form and remitted an
  915  application fee not to exceed $300 as set by the boards. An
  916  application for licensure as made by a physician assistant must
  917  include:
  918         a. A diploma from an approved certificate of completion of
  919  a physician assistant training program specified in subsection
  920  (5)(6).
  921         b.A physician assistant program verification form.
  922         c.b. Acknowledgment of any prior felony convictions.
  923         d.c. Acknowledgment of any previous revocation or denial of
  924  licensure or certification in any state.
  925         e.d. A copy of course transcripts and a copy of the course
  926  descriptions description from a physician assistant training
  927  program.
  928         f.If applying for prescribing authority, a copy of the
  929  transcript and description of the course in pharmacotherapy
  930  which the applicant completed at a physician assistant program
  931  describing course content in pharmacotherapy, if the applicant
  932  wishes to apply for prescribing authority. These documents must
  933  meet the evidence requirements for prescribing authority.
  934         (b) A physician assistant must notify the board in writing
  935  within 30 days after gaining or changing employment or after any
  936  change in the physician assistant’s supervising physician. The
  937  notification must include the supervising physician’s full name,
  938  Florida medical license number, specialty, and address.
  939         (7)TEMPORARY LICENSURE.—
  940         (a)Notwithstanding subsection (6), the department may
  941  grant a temporary license to practice as a physician assistant
  942  to an applicant who meets all of the following criteria:
  943         1.Is a recent graduate of an approved program as specified
  944  in subsection (5).
  945         2.Has satisfied the licensure requirements of paragraph
  946  (6)(a) except for passage of the national certification
  947  examination administered by the National Commission on
  948  Certification of Physician Assistants.
  949         3.Is registered or intends to register for the first
  950  available national certification examination after the
  951  applicant’s graduation.
  952         (b)An applicant with a temporary license must comply with
  953  the notification requirements of paragraph (6)(b).
  954         (c)A temporary license expires 30 days after the
  955  department’s receipt of the applicant’s score on the national
  956  certification examination.
  957         (d)The department may grant a full license to an applicant
  958  who passes the national certification examination.
  959         (e)An applicant who fails the national certification
  960  examination no longer holds a temporary license to practice as a
  961  physician assistant, but may reapply for a 1-year extension of
  962  the temporary license. The department may not grant an applicant
  963  more than one extension of the temporary license.
  964         (f)An applicant may not be licensed as a physician
  965  assistant until he or she passes the national certification
  966  examination.
  967         (g)As prescribed by board rule, the council may require an
  968  applicant who does not pass the national certification
  969  examination after five or more attempts to complete additional
  970  remedial education or training. The council shall prescribe the
  971  additional requirements in a manner that permits the applicant
  972  to complete the requirements and be reexamined within 2 years
  973  after the date the applicant petitions the council to retake the
  974  examination a sixth or subsequent time.
  975         (8)LICENSURE RENEWAL.—
  976         (a)1. The licensure must be renewed biennially. Each
  977  renewal must include:
  978         1.a. A renewal fee not to exceed $500 as set by the boards.
  979         2.b. Acknowledgment of no felony convictions in the
  980  previous 2 years.
  981         3.c. A completed physician assistant workforce survey,
  982  which shall be administered in the same manner as the physician
  983  survey established in s. 459.0081 and must contain the same
  984  information required under s. 459.0081(1) and (2).
  985         (b)2. Beginning July 1, 2018, and every 2 years thereafter,
  986  the department shall report the data collected from the
  987  physician assistant workforce surveys to the boards.
  988         3. The department shall adopt rules to implement this
  989  paragraph.
  990         (c) Each licensed physician assistant shall biennially
  991  complete 100 hours of continuing medical education or shall hold
  992  a current certificate issued by the National Commission on
  993  Certification of Physician Assistants.
  994         (d) Upon employment as a physician assistant, a licensed
  995  physician assistant must notify the department in writing within
  996  30 days after such employment or after any subsequent changes in
  997  the supervising physician. The notification must include the
  998  full name, Florida medical license number, specialty, and
  999  address of the supervising physician.
 1000         (e) Notwithstanding subparagraph (a)2., the department may
 1001  grant to a recent graduate of an approved program, as specified
 1002  in subsection (6), a temporary license to expire upon receipt of
 1003  scores of the proficiency examination administered by the
 1004  National Commission on Certification of Physician Assistants.
 1005  Between meetings of the council, the department may grant a
 1006  temporary license to practice to physician assistant applicants
 1007  based on the completion of all temporary licensure requirements.
 1008  All such administratively issued licenses shall be reviewed and
 1009  acted on at the next regular meeting of the council. The recent
 1010  graduate may be licensed prior to employment, but must comply
 1011  with paragraph (d). An applicant who has passed the proficiency
 1012  examination may be granted permanent licensure. An applicant
 1013  failing the proficiency examination is no longer temporarily
 1014  licensed, but may reapply for a 1-year extension of temporary
 1015  licensure. An applicant may not be granted more than two
 1016  temporary licenses and may not be licensed as a physician
 1017  assistant until she or he passes the examination administered by
 1018  the National Commission on Certification of Physician
 1019  Assistants. As prescribed by board rule, the council may require
 1020  an applicant who does not pass the licensing examination after
 1021  five or more attempts to complete additional remedial education
 1022  or training. The council shall prescribe the additional
 1023  requirements in a manner that permits the applicant to complete
 1024  the requirements and be reexamined within 2 years after the date
 1025  the applicant petitions the council to retake the examination a
 1026  sixth or subsequent time.
 1027         (d)(f) The Board of Osteopathic Medicine may impose any of
 1028  the penalties authorized under ss. 456.072 and 459.015(2) upon
 1029  an autonomous physician assistant or a physician assistant if
 1030  the autonomous physician assistant, physician assistant, or the
 1031  supervising physician has been found guilty of or is being
 1032  investigated for any act that constitutes a violation of this
 1033  chapter or chapter 456.
 1034         (9)PERFORMANCE OF AUTONOMOUS PHYSICIAN ASSISTANTS.—
 1035         (a)The boards shall register a physician assistant as an
 1036  autonomous physician assistant if the applicant demonstrates
 1037  that he or she satisfies all of the following requirements:
 1038         1.Holds an active, unencumbered license to practice as a
 1039  physician assistant in this state.
 1040         2.Has not been subject to any disciplinary action as
 1041  specified in s. 456.072, s. 458.331, or s. 459.015 or any
 1042  similar disciplinary action in any jurisdiction of the United
 1043  States within the 5 years immediately preceding the registration
 1044  request.
 1045         3.Has completed, in any state, jurisdiction, or territory
 1046  of the United States, at least 3,000 clinical practice hours
 1047  within the 5 years immediately preceding the submission of the
 1048  registration request while practicing as a physician assistant
 1049  under the supervision of an allopathic or osteopathic physician
 1050  who held an active, unencumbered license issued by any state,
 1051  the District of Columbia, or a territory or possession of the
 1052  United States during the period of such supervision. Clinical
 1053  instructional hours provided by the applicant may count toward
 1054  the clinical practice hour requirement. For purposes of this
 1055  subparagraph, the term “clinical instruction” means education
 1056  provided by faculty in a clinical setting in a graduate program
 1057  leading to a master’s or doctoral degree in physician assistant
 1058  practice.
 1059         4.Has completed a graduate-level course in pharmacology
 1060  and differential diagnosis.
 1061         5.Obtains and maintains professional liability coverage at
 1062  the same level and in the same manner as in s. 458.320(1)(b) or
 1063  (c). However, the requirements of this subparagraph do not apply
 1064  to:
 1065         a.Any person registered under this subsection who
 1066  practices exclusively as an officer, employee, or agent of the
 1067  Federal Government or of the state or its agencies or
 1068  subdivisions.
 1069         b.Any person whose license has become inactive and who is
 1070  not practicing as an autonomous physician assistant in this
 1071  state.
 1072         c.Any person who practices as an autonomous physician
 1073  assistant only in conjunction with his or her teaching duties at
 1074  an accredited school or its main teaching hospital. Such
 1075  practice is limited to that which is incidental to and a
 1076  necessary part of duties in connection with the teaching
 1077  position.
 1078         d.Any person who holds an active registration under this
 1079  subsection who is not practicing as an autonomous physician
 1080  assistant in this state. If such person initiates or resumes any
 1081  practice as an autonomous physician assistant, he or she must
 1082  notify the department of such activity and fulfill the
 1083  professional liability coverage requirements of this
 1084  subparagraph.
 1085         (b)The department shall distinguish an autonomous
 1086  physician assistant license if he or she is registered under
 1087  this subsection and include the registration in the physician
 1088  assistant’s practitioner profile created pursuant to s. 456.041.
 1089         (c)An autonomous physician assistant may do all of the
 1090  following without physician supervision:
 1091         1.Render only primary care services as defined by rule of
 1092  the boards.
 1093         2.Provide any service that is within the scope of the
 1094  autonomous physician assistant’s education and experience and
 1095  provided in accordance with rules adopted by the boards.
 1096         3.Prescribe, dispense, administer, or order any medicinal
 1097  drug as authorized by the formulary adopted pursuant to s.
 1098  458.347(4)(f).
 1099         4.Provide a signature, a certification, a stamp, a
 1100  verification, an affidavit, or any other endorsement that is
 1101  otherwise required by law to be provided by a physician, except
 1102  for a physician certification under s. 381.986.
 1103         5.For patients requiring services in a health care
 1104  facility as defined in s. 408.032:
 1105         a.Admit a patient to the facility;
 1106         b.Manage the care received by the patient at the facility;
 1107  and
 1108         c.Discharge the patient from the facility, unless
 1109  prohibited by federal law or rule.
 1110         (d)An autonomous physician assistant must biennially renew
 1111  his or her registration under this subsection. The biennial
 1112  renewal must coincide with the autonomous physician assistant’s
 1113  biennial renewal period for physician assistant licensure.
 1114         (e)The council shall develop rules defining the primary
 1115  care practice of autonomous physician assistants, including, but
 1116  not limited to, internal medicine, general pediatrics, family
 1117  medicine, geriatrics, and general obstetrics and gynecology
 1118  practices.
 1119         (f)When engaging in autonomous practice, an autonomous
 1120  physician assistant must provide to a new patient, during or
 1121  before the initial patient encounter, written information
 1122  explaining his or her qualifications and the nature of
 1123  autonomous practice.
 1124         (g) An autonomous physician assistant must report adverse
 1125  incidents to the department in accordance with s. 458.351.
 1126         (10)ELECTRONIC SUBMISSIONS.—An application or other
 1127  documentation required to be submitted to the department under
 1128  this section subsection may be submitted electronically.
 1129         (11)DIRECT BILLING AND REIMBURSEMENT.—A physician
 1130  assistant may directly bill and receive payment from public and
 1131  private insurance companies for medical services rendered.
 1132         (12)(8) DELEGATION OF POWERS AND DUTIES.—The boards may
 1133  delegate such powers and duties to the council as they may deem
 1134  proper.
 1135         (13)(9) COUNCIL ON PHYSICIAN ASSISTANTS.—The Council on
 1136  Physician Assistants is created within the department.
 1137         (a) The council shall consist of five members appointed as
 1138  follows:
 1139         1. The chairperson of the Board of Medicine shall appoint
 1140  one member who is a physician and member of the Board of
 1141  Medicine who supervises a physician assistant in the physician’s
 1142  practice.
 1143         2. The chairperson of the Board of Osteopathic Medicine
 1144  shall appoint one member who is a physician and member of the
 1145  Board of Osteopathic Medicine who supervises a physician
 1146  assistant in the physician’s practice.
 1147         3. The State Surgeon General or her or his designee shall
 1148  appoint three fully licensed physician assistants licensed under
 1149  chapter 458 or this chapter.
 1150         (b) Members shall be appointed to terms of 4 years, except
 1151  that of the initial appointments, two members shall be appointed
 1152  to terms of 2 years, two members shall be appointed to terms of
 1153  3 years, and one member shall be appointed to a term of 4 years,
 1154  as established by rule of the boards. Council members may not
 1155  serve more than two consecutive terms. The council shall
 1156  annually elect a chairperson from among its members.
 1157         (c) The council shall:
 1158         1. Recommend to the department the licensure of physician
 1159  assistants.
 1160         2. Develop all rules regulating the use of physician
 1161  assistants by physicians under chapter 458 and this chapter,
 1162  except for rules relating to the formulary developed under s.
 1163  458.347. The council shall also develop rules to ensure that the
 1164  continuity of supervision is maintained in each practice
 1165  setting. The boards shall consider adopting a proposed rule
 1166  developed by the council at the regularly scheduled meeting
 1167  immediately following the submission of the proposed rule by the
 1168  council. A proposed rule submitted by the council may not be
 1169  adopted by either board unless both boards have accepted and
 1170  approved the identical language contained in the proposed rule.
 1171  The language of all proposed rules submitted by the council must
 1172  be approved by both boards pursuant to each respective board’s
 1173  guidelines and standards regarding the adoption of proposed
 1174  rules. If either board rejects the council’s proposed rule, that
 1175  board must specify its objection to the council with
 1176  particularity and include any recommendations it may have for
 1177  the modification of the proposed rule.
 1178         3. Make recommendations to the boards regarding all matters
 1179  relating to physician assistants.
 1180         4. Address concerns and problems of practicing physician
 1181  assistants in order to improve safety in the clinical practices
 1182  of licensed physician assistants.
 1183         (d) When the council finds that an applicant for licensure
 1184  has failed to meet, to the council’s satisfaction, each of the
 1185  requirements for licensure set forth in this section, the
 1186  council may enter an order to:
 1187         1. Refuse to certify the applicant for licensure;
 1188         2. Approve the applicant for licensure with restrictions on
 1189  the scope of practice or license; or
 1190         3. Approve the applicant for conditional licensure. Such
 1191  conditions may include placement of the licensee on probation
 1192  for a period of time and subject to such conditions as the
 1193  council may specify, including but not limited to, requiring the
 1194  licensee to undergo treatment, to attend continuing education
 1195  courses, to work under the direct supervision of a physician
 1196  licensed in this state, or to take corrective action.
 1197         (14)(10) INACTIVE AND DELINQUENT STATUS.—A license on
 1198  inactive or delinquent status may be reactivated only as
 1199  provided in s. 456.036.
 1200         (15)(11) PENALTY.—Any person who has not been registered or
 1201  licensed by the council and approved by the department and who
 1202  holds herself or himself out as an autonomous physician
 1203  assistant or a physician assistant or who uses any other term in
 1204  indicating or implying that she or he is an autonomous physician
 1205  assistant or a physician assistant commits a felony of the third
 1206  degree, punishable as provided in s. 775.082 or s. 775.084 or by
 1207  a fine not exceeding $5,000.
 1208         (16)(12) DENIAL, SUSPENSION, OR REVOCATION OF LICENSURE.
 1209  The boards may deny, suspend, or revoke the registration of an
 1210  autonomous physician assistant or the license of a physician
 1211  assistant license if a board determines that the autonomous
 1212  physician assistant or physician assistant has violated this
 1213  chapter.
 1214         (17)(13) RULES.—The boards shall adopt rules to implement
 1215  this section, including, but not limited to, rules:
 1216         (a) Detailing the contents of the application for licensure
 1217  and notification under subsection (6);
 1218         (b)Relating to the registration of autonomous physician
 1219  assistants under subsection (9);
 1220         (c)Regulating the primary care practice of autonomous
 1221  physician assistants; pursuant to subsection (7) and rules to
 1222  ensure both
 1223         (d)Ensuring the continued competency of autonomous
 1224  physician assistants and physician assistants and the proper
 1225  utilization of them by physicians or groups of physicians.
 1226         (18)(14) EXISTING PROGRAMS.—This section does not eliminate
 1227  or supersede existing laws relating to other paramedical
 1228  professions or services and is supplemental to all such existing
 1229  laws relating to the licensure and practice of paramedical
 1230  professions.
 1231         (19)(15) LIABILITY.—Each supervising physician using a
 1232  physician assistant is liable for any acts or omissions of the
 1233  physician assistant acting under the physician’s supervision and
 1234  control.
 1235         (20)(16) LEGAL SERVICES.—Legal services shall be provided
 1236  to the council pursuant to s. 456.009(1).
 1237         (21)(17) FEES.—The department shall allocate the fees
 1238  collected under this section to the council.
 1239         Section 3. Paragraph (a) of subsection (2) and subsections
 1240  (3) and (5) of section 382.008, Florida Statutes, are amended to
 1241  read:
 1242         382.008 Death, fetal death, and nonviable birth
 1243  registration.—
 1244         (2)(a) The funeral director who first assumes custody of a
 1245  dead body or fetus shall file the certificate of death or fetal
 1246  death. In the absence of the funeral director, the physician,
 1247  physician assistant, advanced practice registered nurse
 1248  registered under s. 464.0123, or other person in attendance at
 1249  or after the death or the district medical examiner of the
 1250  county in which the death occurred or the body was found shall
 1251  file the certificate of death or fetal death. The person who
 1252  files the certificate shall obtain personal data from a legally
 1253  authorized person as described in s. 497.005 or the best
 1254  qualified person or source available. The medical certification
 1255  of cause of death shall be furnished to the funeral director,
 1256  either in person or via certified mail or electronic transfer,
 1257  by the physician, physician assistant, advanced practice
 1258  registered nurse registered under s. 464.0123, or medical
 1259  examiner responsible for furnishing such information. For fetal
 1260  deaths, the physician, physician assistant, advanced practice
 1261  registered nurse registered under s. 464.0123, midwife, or
 1262  hospital administrator shall provide any medical or health
 1263  information to the funeral director within 72 hours after
 1264  expulsion or extraction.
 1265         (3) Within 72 hours after receipt of a death or fetal death
 1266  certificate from the funeral director, the medical certification
 1267  of cause of death shall be completed and made available to the
 1268  funeral director by the decedent’s primary or attending
 1269  practitioner or, if s. 382.011 applies, the district medical
 1270  examiner of the county in which the death occurred or the body
 1271  was found. The primary or attending practitioner or the medical
 1272  examiner shall certify over his or her signature the cause of
 1273  death to the best of his or her knowledge and belief. As used in
 1274  this section, the term “primary or attending practitioner” means
 1275  a physician, physician assistant, or advanced practice
 1276  registered nurse registered under s. 464.0123 who treated the
 1277  decedent through examination, medical advice, or medication
 1278  during the 12 months preceding the date of death.
 1279         (a) The department may grant the funeral director an
 1280  extension of time upon a good and sufficient showing of any of
 1281  the following conditions:
 1282         1. An autopsy is pending.
 1283         2. Toxicology, laboratory, or other diagnostic reports have
 1284  not been completed.
 1285         3. The identity of the decedent is unknown and further
 1286  investigation or identification is required.
 1287         (b) If the decedent’s primary or attending practitioner or
 1288  the district medical examiner of the county in which the death
 1289  occurred or the body was found indicates that he or she will
 1290  sign and complete the medical certification of cause of death
 1291  but will not be available until after the 5-day registration
 1292  deadline, the local registrar may grant an extension of 5 days.
 1293  If a further extension is required, the funeral director must
 1294  provide written justification to the registrar.
 1295         (5) A permanent certificate of death or fetal death,
 1296  containing the cause of death and any other information that was
 1297  previously unavailable, shall be registered as a replacement for
 1298  the temporary certificate. The permanent certificate may also
 1299  include corrected information if the items being corrected are
 1300  noted on the back of the certificate and dated and signed by the
 1301  funeral director, physician, physician assistant, advanced
 1302  practice registered nurse registered under s. 464.0123, or
 1303  district medical examiner of the county in which the death
 1304  occurred or the body was found, as appropriate.
 1305         Section 4. Paragraph (a) of subsection (2) of section
 1306  394.463, Florida Statutes, is amended to read:
 1307         394.463 Involuntary examination.—
 1308         (2) INVOLUNTARY EXAMINATION.—
 1309         (a) An involuntary examination may be initiated by any one
 1310  of the following means:
 1311         1. A circuit or county court may enter an ex parte order
 1312  stating that a person appears to meet the criteria for
 1313  involuntary examination and specifying the findings on which
 1314  that conclusion is based. The ex parte order for involuntary
 1315  examination must be based on written or oral sworn testimony
 1316  that includes specific facts that support the findings. If other
 1317  less restrictive means are not available, such as voluntary
 1318  appearance for outpatient evaluation, a law enforcement officer,
 1319  or other designated agent of the court, shall take the person
 1320  into custody and deliver him or her to an appropriate, or the
 1321  nearest, facility within the designated receiving system
 1322  pursuant to s. 394.462 for involuntary examination. The order of
 1323  the court shall be made a part of the patient’s clinical record.
 1324  A fee may not be charged for the filing of an order under this
 1325  subsection. A facility accepting the patient based on this order
 1326  must send a copy of the order to the department within 5 working
 1327  days. The order may be submitted electronically through existing
 1328  data systems, if available. The order shall be valid only until
 1329  the person is delivered to the facility or for the period
 1330  specified in the order itself, whichever comes first. If a time
 1331  limit is not specified in the order, the order is valid for 7
 1332  days after the date that the order was signed.
 1333         2. A law enforcement officer shall take a person who
 1334  appears to meet the criteria for involuntary examination into
 1335  custody and deliver the person or have him or her delivered to
 1336  an appropriate, or the nearest, facility within the designated
 1337  receiving system pursuant to s. 394.462 for examination. The
 1338  officer shall execute a written report detailing the
 1339  circumstances under which the person was taken into custody,
 1340  which must be made a part of the patient’s clinical record. Any
 1341  facility accepting the patient based on this report must send a
 1342  copy of the report to the department within 5 working days.
 1343         3. A physician, a physician assistant, a clinical
 1344  psychologist, a psychiatric nurse, an advanced practice
 1345  registered nurse registered under s. 464.0123, a mental health
 1346  counselor, a marriage and family therapist, or a clinical social
 1347  worker may execute a certificate stating that he or she has
 1348  examined a person within the preceding 48 hours and finds that
 1349  the person appears to meet the criteria for involuntary
 1350  examination and stating the observations upon which that
 1351  conclusion is based. If other less restrictive means, such as
 1352  voluntary appearance for outpatient evaluation, are not
 1353  available, a law enforcement officer shall take into custody the
 1354  person named in the certificate and deliver him or her to the
 1355  appropriate, or nearest, facility within the designated
 1356  receiving system pursuant to s. 394.462 for involuntary
 1357  examination. The law enforcement officer shall execute a written
 1358  report detailing the circumstances under which the person was
 1359  taken into custody. The report and certificate shall be made a
 1360  part of the patient’s clinical record. Any facility accepting
 1361  the patient based on this certificate must send a copy of the
 1362  certificate to the department within 5 working days. The
 1363  document may be submitted electronically through existing data
 1364  systems, if applicable.
 1365  
 1366  When sending the order, report, or certificate to the
 1367  department, a facility shall, at a minimum, provide information
 1368  about which action was taken regarding the patient under
 1369  paragraph (g), which information shall also be made a part of
 1370  the patient’s clinical record.
 1371         Section 5. Paragraphs (a) and (c) of subsection (3) of
 1372  section 401.45, Florida Statutes, are amended to read:
 1373         401.45 Denial of emergency treatment; civil liability.—
 1374         (3)(a) Resuscitation may be withheld or withdrawn from a
 1375  patient by an emergency medical technician or paramedic if
 1376  evidence of an order not to resuscitate by the patient’s
 1377  physician or physician assistant is presented to the emergency
 1378  medical technician or paramedic. An order not to resuscitate, to
 1379  be valid, must be on the form adopted by rule of the department.
 1380  The form must be signed by the patient’s physician or physician
 1381  assistant and by the patient or, if the patient is
 1382  incapacitated, the patient’s health care surrogate or proxy as
 1383  provided in chapter 765, court-appointed guardian as provided in
 1384  chapter 744, or attorney in fact under a durable power of
 1385  attorney as provided in chapter 709. The court-appointed
 1386  guardian or attorney in fact must have been delegated authority
 1387  to make health care decisions on behalf of the patient.
 1388         (c) The department, in consultation with the Department of
 1389  Elderly Affairs and the Agency for Health Care Administration,
 1390  shall develop a standardized do-not-resuscitate identification
 1391  system with devices that signify, when carried or worn, that the
 1392  possessor is a patient for whom a physician or physician
 1393  assistant has issued an order not to administer cardiopulmonary
 1394  resuscitation. The department may charge a reasonable fee to
 1395  cover the cost of producing and distributing such identification
 1396  devices. Use of such devices shall be voluntary.
 1397         Section 6. This act shall take effect July 1, 2021.