Florida Senate - 2026                                     SB 668
       
       
        
       By Senator Truenow
       
       
       
       
       
       13-00692-26                                            2026668__
    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; revising the definition of the term “physician
    5         assistant”; providing for the registration of
    6         physician assistants to engage in practice without
    7         physician supervision; requiring the Council on
    8         Physician Assistants to register physician assistants
    9         meeting specified criteria; providing financial
   10         responsibility requirements for registered physician
   11         assistants; providing exceptions; specifying
   12         activities registered physician assistants may engage
   13         in without physician supervision; limiting the types
   14         of surgical procedures registered physician assistants
   15         may perform; requiring the council, in consultation
   16         with the Board of Medicine and the Board of
   17         Osteopathic Medicine, to adopt rules establishing
   18         standards of practice for registered physician
   19         assistants; requiring biennial registration renewal;
   20         requiring the department to distinguish registered
   21         physician assistants’ licenses and include the
   22         registration in their practitioner profiles; requiring
   23         registered physician assistants to provide new
   24         patients with specified information either before or
   25         during the initial patient encounter; requiring the
   26         council to adopt rules; providing construction;
   27         providing an effective date.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Present subsections (7) through (16) of section
   32  458.347, Florida Statutes, are redesignated as subsections (8)
   33  through (17), respectively, a new subsection (7) is added to
   34  that section, and subsection (1) and paragraph (e) of subsection
   35  (2) of that section are amended, to read:
   36         458.347 Physician assistants.—
   37         (1) LEGISLATIVE INTENT.—The purpose of this section is to
   38  provide means by which physician assistants may practice
   39  medicine in collaboration with physicians and other health care
   40  practitioners to ensure high-quality medical care is available
   41  at a reasonable cost to consumers. authorize Physician
   42  assistants, with their education, training, and experience in
   43  the field of medicine, are well suited to provide these to
   44  provide increased efficiency of and access to high-quality
   45  medical services at a reasonable cost to consumers.
   46         (2) DEFINITIONS.—As used in this section, the term:
   47         (e) “Physician assistant” means a person who is a graduate
   48  of an approved program or its equivalent or meets standards
   49  approved by the council boards and is licensed to perform
   50  medical services delegated by the supervising physician.
   51         (7)PRACTICING WITHOUT PHYSICIAN SUPERVISION.—
   52         (a) Registration.—To practice without physician
   53  supervision, a physician assistant must register with the
   54  council on a form prescribed by the council. The council must
   55  register a physician assistant to practice without physician
   56  supervision if the applicant demonstrates to the satisfaction of
   57  the council that he or she meets all of the following criteria:
   58         1. Holds an active, unencumbered license to practice as a
   59  physician assistant under this chapter. A physician assistant
   60  practicing under a temporary license, a temporary certificate
   61  for practice in areas of critical need, or any other type of
   62  conditional license is not eligible for registration under this
   63  subsection.
   64         2.Has not been subject to disciplinary action as specified
   65  in s. 456.072 or s. 458.331 or any similar disciplinary action
   66  in another state or other territory or jurisdiction within the 5
   67  years immediately preceding the registration application.
   68         3. Has completed, in any state, jurisdiction, or territory
   69  of the United States, at least 3,000 clinical practice hours,
   70  which may include clinical instructional hours provided by the
   71  applicant, within the 5 years immediately preceding the
   72  registration application. For purposes of this paragraph, the
   73  term “clinical instruction” means education provided by faculty
   74  in a clinical setting in a graduate program leading to a
   75  master’s or doctoral degree in a clinical physician assistant
   76  practice area.
   77         4.Has fulfilled any other condition of registration
   78  prescribed by council rule.
   79         (b) Financial responsibility.
   80         1. A physician assistant registered under this subsection
   81  must, by one of the following methods, demonstrate to the
   82  satisfaction of the council and the department financial
   83  responsibility to pay claims and costs ancillary thereto arising
   84  out of the rendering of, or the failure to render, medical care,
   85  treatment, or services:
   86         a. Obtaining and maintaining professional liability
   87  coverage in an amount not less than $100,000 per claim, with a
   88  minimum annual aggregate of not less than $300,000, from an
   89  authorized insurer as defined in s. 624.09, from a surplus lines
   90  insurer as defined in s. 626.914(2), from a risk retention group
   91  as defined in s. 627.942, from the Joint Underwriting
   92  Association established under s. 627.351(4), or through a plan
   93  of self-insurance as provided in s. 627.357; or
   94         b. Obtaining and maintaining an unexpired, irrevocable
   95  letter of credit, established pursuant to chapter 675, in an
   96  amount of not less than $100,000 per claim, with a minimum
   97  aggregate availability of credit of not less than $300,000. The
   98  letter of credit must be payable to the physician assistant as
   99  beneficiary upon presentment of a final judgment indicating
  100  liability and awarding damages to be paid by the physician
  101  assistant or upon presentment of a settlement agreement signed
  102  by all parties to such agreement when such final judgment or
  103  settlement is a result of a claim arising out of the rendering
  104  of, or the failure to render, medical care and services.
  105         2. The requirements of subparagraph 1. do not apply to any
  106  of the following:
  107         a. A physician assistant registered under this subsection
  108  who practices exclusively as an officer, employee, or agent of
  109  the Federal Government or of the state or its agencies or its
  110  subdivisions.
  111         b. A physician assistant whose registration under this
  112  subsection has become inactive and who is not practicing as a
  113  physician assistant registered under this subsection in this
  114  state.
  115         c. A physician assistant registered under this subsection
  116  who practices only in conjunction with his or her teaching
  117  duties at an accredited school or its main teaching hospitals.
  118  Such practice is limited to that which is incidental to and a
  119  necessary part of duties in connection with the teaching
  120  position.
  121         d. A physician assistant who holds an active registration
  122  under this subsection and who is not engaged in practice without
  123  physician supervision as authorized under this subsection in
  124  this state. If such person initiates or resumes any practice as
  125  a physician assistant without physician supervision, he or she
  126  must notify the department of such activity and fulfill the
  127  professional liability coverage requirements of subparagraph 1.
  128         (c) Practice requirements.
  129         1. A physician assistant registered under this subsection
  130  may engage in any of the following activities without physician
  131  supervision:
  132         a. Practice in primary care, family medicine, pediatrics,
  133  internal medicine, women’s health, and psychiatry as defined by
  134  council rule.
  135         b. Perform the general functions of a physician assistant.
  136         c. For a patient who requires the services of a health care
  137  facility as defined in s. 408.032(8):
  138         (I) Admit the patient to the facility.
  139         (II) Manage the care received by the patient in the
  140  facility.
  141         (III) Discharge the patient from the facility, unless
  142  prohibited by federal law or rule.
  143         d. Provide a signature, a certification, a stamp, a
  144  verification, an affidavit, or an endorsement that is otherwise
  145  required by law to be provided by a physician, except that a
  146  physician assistant registered under this subsection may not
  147  issue a physician certification under s. 381.986.
  148         2. A physician assistant engaging in practice under this
  149  subsection may not perform any surgical procedure that goes
  150  deeper than the subcutaneous tissue.
  151         3. The council shall, in consultation with the boards,
  152  adopt rules establishing standards of practice for physician
  153  assistants registered under this subsection.
  154         (d) Registration renewal.—A physician assistant must
  155  biennially renew registration under this subsection. The
  156  biennial renewal for registration must coincide with the
  157  physician assistant’s biennial renewal period for licensure.
  158         (e) Practitioner profile.—The department must conspicuously
  159  distinguish a physician assistant’s license if he or she is
  160  registered with the council under this subsection and include
  161  the registration in the physician assistant practitioner profile
  162  created under s. 456.041.
  163         (f) Disclosures.—When engaging in practice under this
  164  subsection, a physician assistant shall provide each new patient
  165  information in writing detailing the physician assistant’s
  166  qualifications and the fact that he or she is practicing without
  167  physician supervision. The information must be provided to the
  168  patient either before or during the initial patient encounter.
  169         (g) Rules.—The council shall adopt rules to implement this
  170  subsection.
  171         (h)Construction.This subsection may not be construed to
  172  limit a physician assistant from practicing under a supervisory
  173  agreement with a physician.
  174         Section 2. Present subsections (7) through (16) of section
  175  459.022, Florida Statutes, are redesignated as subsections (8)
  176  through (17), respectively, a new subsection (7) is added to
  177  that section, and subsection (1) and paragraph (e) of subsection
  178  (2) of that section are amended, to read:
  179         459.022 Physician assistants.—
  180         (1) LEGISLATIVE INTENT.—The purpose of this section is to
  181  provide means by which physician assistants may practice
  182  medicine in collaboration with physicians and other health care
  183  practitioners to ensure high-quality medical care is available
  184  at a reasonable cost to consumers. authorize Physician
  185  assistants, with their education, training, and experience in
  186  the field of medicine, are well suited to provide these to
  187  provide increased efficiency of and access to high-quality
  188  medical services at a reasonable cost to consumers.
  189         (2) DEFINITIONS.—As used in this section, the term:
  190         (e) “Physician assistant” means a person who is a graduate
  191  of an approved program or its equivalent or meets standards
  192  approved by the council boards and is licensed to perform
  193  medical services delegated by the supervising physician.
  194         (7)PRACTICING WITHOUT PHYSICIAN SUPERVISION.—
  195         (a) Registration.—To practice without physician
  196  supervision, a physician assistant must register with the
  197  council on a form prescribed by the council. The council must
  198  register a physician assistant to practice without physician
  199  supervision if the applicant demonstrates to the satisfaction of
  200  the council that he or she meets all of the following criteria:
  201         1. Holds an active, unencumbered license to practice as a
  202  physician assistant under this chapter. A physician assistant
  203  practicing under a temporary license, a temporary certificate
  204  for practice in areas of critical need, or any other type of
  205  conditional license is not eligible for registration under this
  206  subsection.
  207         2.Has not been subject to disciplinary action as specified
  208  in s. 456.072 or s. 459.015 or any similar disciplinary action
  209  in another state or other territory or jurisdiction within the 5
  210  years immediately preceding the registration application.
  211         3. Has completed, in any state, jurisdiction, or territory
  212  of the United States, at least 3,000 clinical practice hours,
  213  which may include clinical instructional hours provided by the
  214  applicant, within the 5 years immediately preceding the
  215  registration application. For purposes of this paragraph, the
  216  term “clinical instruction” means education provided by faculty
  217  in a clinical setting in a graduate program leading to a
  218  master’s or doctoral degree in a clinical physician assistant
  219  practice area.
  220         4.Has fulfilled any other condition of registration
  221  prescribed by council rule.
  222         (b) Financial responsibility.
  223         1. A physician assistant registered under this subsection
  224  must, by one of the following methods, demonstrate to the
  225  satisfaction of the council and the department financial
  226  responsibility to pay claims and costs ancillary thereto arising
  227  out of the rendering of, or the failure to render, medical care,
  228  treatment, or services:
  229         a. Obtaining and maintaining professional liability
  230  coverage in an amount not less than $100,000 per claim, with a
  231  minimum annual aggregate of not less than $300,000, from an
  232  authorized insurer as defined in s. 624.09, from a surplus lines
  233  insurer as defined in s. 626.914(2), from a risk retention group
  234  as defined in s. 627.942, from the Joint Underwriting
  235  Association established under s. 627.351(4), or through a plan
  236  of self-insurance as provided in s. 627.357; or
  237         b. Obtaining and maintaining an unexpired, irrevocable
  238  letter of credit, established pursuant to chapter 675, in an
  239  amount of not less than $100,000 per claim, with a minimum
  240  aggregate availability of credit of not less than $300,000. The
  241  letter of credit must be payable to the physician assistant as
  242  beneficiary upon presentment of a final judgment indicating
  243  liability and awarding damages to be paid by the physician
  244  assistant or upon presentment of a settlement agreement signed
  245  by all parties to such agreement when such final judgment or
  246  settlement is a result of a claim arising out of the rendering
  247  of, or the failure to render, medical care and services.
  248         2. The requirements of subparagraph 1. do not apply to any
  249  of the following:
  250         a. A physician assistant registered under this subsection
  251  who practices exclusively as an officer, employee, or agent of
  252  the Federal Government or of the state or its agencies or its
  253  subdivisions.
  254         b. A physician assistant whose registration under this
  255  subsection has become inactive and who is not practicing as a
  256  physician assistant registered under this subsection in this
  257  state.
  258         c. A physician assistant registered under this subsection
  259  who practices only in conjunction with his or her teaching
  260  duties at an accredited school or its main teaching hospitals.
  261  Such practice is limited to that which is incidental to and a
  262  necessary part of duties in connection with the teaching
  263  position.
  264         d. A physician assistant who holds an active registration
  265  under this subsection and who is not engaged in practice without
  266  physician supervision as authorized under this subsection in
  267  this state. If such person initiates or resumes any practice as
  268  a physician assistant without physician supervision, he or she
  269  must notify the department of such activity and fulfill the
  270  professional liability coverage requirements of subparagraph 1.
  271         (c) Practice requirements.
  272         1. A physician assistant registered under this subsection
  273  may engage in any of the following activities without physician
  274  supervision:
  275         a. Practice in primary care, family medicine, pediatrics,
  276  internal medicine, women’s health, and psychiatry as defined by
  277  council rule.
  278         b. Perform the general functions of a physician assistant.
  279         c. For a patient who requires the services of a health care
  280  facility as defined in s. 408.032(8):
  281         (I) Admit the patient to the facility.
  282         (II) Manage the care received by the patient in the
  283  facility.
  284         (III) Discharge the patient from the facility, unless
  285  prohibited by federal law or rule.
  286         d. Provide a signature, a certification, a stamp, a
  287  verification, an affidavit, or an endorsement that is otherwise
  288  required by law to be provided by a physician, except that a
  289  physician assistant registered under this subsection may not
  290  issue a physician certification under s. 381.986.
  291         2. A physician assistant engaging in practice under this
  292  subsection may not perform any surgical procedure that goes
  293  deeper than the subcutaneous tissue.
  294         3. The council shall, in consultation with the boards,
  295  adopt rules establishing standards of practice for physician
  296  assistants registered under this subsection.
  297         (d) Registration renewal.—A physician assistant must
  298  biennially renew registration under this subsection. The
  299  biennial renewal for registration must coincide with the
  300  physician assistant’s biennial renewal period for licensure.
  301         (e) Practitioner profile.—The department must conspicuously
  302  distinguish a physician assistant’s license if he or she is
  303  registered with the council under this subsection and include
  304  the registration in the physician assistant practitioner profile
  305  created under s. 456.041.
  306         (f) Disclosures.—When engaging in practice under this
  307  subsection, a physician assistant shall provide each new patient
  308  information in writing detailing the physician assistant’s
  309  qualifications and the fact that he or she is practicing without
  310  physician supervision. The information must be provided to the
  311  patient either before or during the initial patient encounter.
  312         (g) Rules.—The council shall adopt rules to implement this
  313  subsection.
  314         (h)Construction.This subsection may not be construed to
  315  limit a physician assistant from practicing under a supervisory
  316  agreement with a physician.
  317         Section 3. This act shall take effect July 1, 2026.