CHAPTER 490

FORMERLY

SENATE BILL NO. 503

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 17, TITLE 24 OF THE DELAWARE CODE RELATING TO THE REGISTRATION OF PHYSICIAN'S ASSISTANTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Section I703(e)(7), Subchapter I, Chapter 17, Title 24 of the Delaware Code by repealing said paragraph in its entirety and inserting in lieu thereof the following paragraph:

"(7) The rendering of medical assistance to a physician licensed under this Chapter by a person who has been registered as a physician's assistant with the Board. Such physician's assistant shall be a regular employee of the physician to whom assistance is rendered and shall limit his activity to patients under the care of his supervising physician. A physician's assistant shall not maintain or manage an office separate and apart from the supervising physician's primary office. The assistance rendered by a registered physician's assistant shall be in compliance with regulations adopted by the Board delineating activities in which a physician's assistant may engage. Provided, however, that no regulation of the Board shall purport to authorize physician's assistants to engage in diagnosis, to prescribe legend drugs or therapeutics, to practice medicine or surgery or refraction or to pronounce a patient dead in any setting. The physician employing a physician's assistant shall direct and supervise the activity of such assistant and shall be responsible for the professional and clinical actions of his assistant. Such registered physician's assistants shall not delegate an assigned task to any other individual, nor shall they independently bill a patient for services rendered at the request of the physician. Nothing herein shall be construed to change or modify practices currently prevailing in the practice of optometry or ophthalmology, nor shall anything herein be construed to apply to the rendering of clerical assistance to a physician.

Section 2. Amend Section 1730(a), Subchapter IV, Chapter 17, Titie 24 of the Delaware Code by adding a new paragraph to said subsection which shall be designated as paragraph (17), which shall read as follows:

"To adopt regulations regarding activities which may be undertaken by physician's assistants and to register all physician's assistants, certified and non certified, with the Board. The Board may establish categories of physician's assistants commensurate with the training and experience of physician's assistants to be registered within each category and commensurate with the duties to be assumed by physician's assistants within each category. The Board may, by regulation, establish the maximum number of physician's assistants who may be supervised by a physician. The Board may, by regulation, establish reasonable fees for registering physician's assistants and renewing the registration of physician's assistants on a biennial basis and such fees charged shall reasonably reflect all costs necessary to defray the expenses of the Board in administering the regulation and registration of physician's assistants. The Board may suspend, or revoke the registration of a physician's assistant or otherwise discipline a physician's assistant for engaging in unprofessional conduct as defined in Section 1731(b) of this Chapter or for inability to render medical services with reasonable skill or safety to patients because of mental illness or mental incompetence, physical illness or excessive use of drugs, including alcohol. Any disciplinary action undertaken against a physician's assistant shall be in accordance with those procedures applicable to disciplinary actions against physicians as set out in Subchapter IV and V of this Chapter. An appeal of disciplinary action imposed by the Board shall be taken in accordance with Subchapter V of this Chapter."

Approved July 9, 1986.