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TITLE 4. PROFESSIONS AND OCCUPATIONS

CHAPTER 17. ARIZONA REGULATORY BOARD OF PHYSICIAN ASSISTANTS


Supp. 05-2

(Authority: A.R.S. § 32-2504)

Editor's Note: The name of the Joint Board on the Regulation of Physician's [sic] Assistants was changed to the Arizona Regulatory Board of Physician Assistants by Laws 2002, Ch. 277, § 7, effective August 22, 2002 (Supp. 03-2).

Laws 1984, Ch. 102, changed the name of the Joint Board of Medical Examiners and Osteopathic Examiners in Medicine and Surgery to Joint Board on the Regulation of Physician's Assistants.

Chapter 17 consisting of Article 1, Section R4-17-101; Article 2, Sections R4-17-201 through R4-17-204; Article 3, Sections R4-17-301 through R4-17-304; Article 4, Sections R4-17-401 and R4-17-402 adopted effective July 8, 1986.

Former Chapter 17 consisting of Article 1, Section R4-17-01; Article 2, Sections R4-17-02 through R4-17-06; Article 3, Sections R4-17-07 through R4-17-12; Article 4, Sections R4-17-13 through R4-17-17; Article 5, Sections R4-17-18 through R4-17-22; and Article 6, Section R4-17-23 repealed effective July 8, 1985.

ARTICLE 1. GENERAL PROVISIONS

Section

R4-17-101. Definitions

R4-17-102. Time-frames for Certifications and Approvals

Table 1. Time-frames

ARTICLE 2. PHYSICIAN ASSISTANT CERTIFICATION

Section

R4-17-201. Physician Assistant Student Training Registration Exemption

R4-17-202. Certifying Examination

R4-17-203. Temporary Certification of a Physician Assistant

R4-17-204. Certification of Physician Assistant

R4-17-205. Continuing Education

R4-17-206. Renewal of Certification

R4-17-207. Denial of Extension to Complete Continuing Education, Exemption from Registration, Temporary Certification, Certification, Recertification, or Cancellation of Certification

R4-17-208. Expired

ARTICLE 3. SCOPE OF PRACTICE

Section

R4-17-301. Delegation of Authority for Schedule II or Schedule III Controlled Substances

R4-17-302. Drug Labels

R4-17-303. Notification of Supervision

R4-17-304. Reports

R4-17-305. Supervision

ARTICLE 4. REGULATION

Section

R4-17-401. Expired

R4-17-402. Termination of Supervision

R4-17-403. Rehearing

ARTICLE 1. GENERAL PROVISIONS

R4-17-101. Definitions

For the purposes of A.R.S. Title 32, Chapter 25 and this Chapter:

1. "ABMS/AOA" means the American Board of Medical Specialties/American Osteopathic Association.

2. "ACCME" means the Accreditation Council for Continuing Medical Education.

3. "Active practice of medicine" means a physician working a minimum of 1,000 hours per year in a clinical area with direct patient contact or clinical research.

4. "AMA" means the American Medical Association.

5. "Application" means, for purposes of R4-17-102 only, forms designated as applications and the notification of supervision form, and all documents and additional information the Board requires to be submitted with an application or notification of supervision form.

6. "ASAPA" means the Arizona State Association of Physician Assistants.

7. "Board official" means the Board program administrator or the executive director, deputy director, or an investigator of the Board of Medical Examiners.

8. "CAAHEP" means the Commission on the Accreditation of Allied Health Education Programs.

9. "CAHEA" means the Committee on Allied Health Education and Accreditation.

10. "Category I continuing medical education" means an activity certified as Category I by an institution or organization accredited for continuing medical education by ACCME, the AMA, the American Academy of Physician Assistants, or the American Osteopathic Association.

11. "Direction" means authoritative policy or procedural guidance for the accomplishment of a function or activity.

12. "Dispense" means to issue one or more doses of medication in a suitable container with a label that satisfies all applicable labeling requirements of the Arizona Board of Pharmacy and of R4-17-302 for subsequent administration to, or use by, a patient or patients.

13. "Full day" means not less than eight hours.

14. "NCCPA" means the National Commission on the Certification of Physician Assistants.

15. "PANCE" means the Physician Assistant National Certifying Examination.

16. "Prescribe" means to issue:

a. A signed, written order to a pharmacist for drugs or medical devices; or

b. An order transmitted to a pharmacist by word of mouth, telephone, or other means of communication.

17. "Service" means personal delivery or mailing by certified mail to a physician assistant, supervising physician, supervising physician's agent, or applicant affected by a decision of the Board at the physician assistant's, supervising physician's, supervising physician's agent, or applicant's last known residence or place of business.

18. "State fiscal year" means from July 1 of one calendar year to June 30 of the next calendar year.

19. "Supervision" means a physician's opportunity or ability to provide or exercise control and direction over the services of a physician assistant. Supervision does not require a physician's constant physical presence if the supervising physician or the supervising physician's agent is or can be easily in contact with the physician assistant by radio, telephone or telecommunication. A.R.S. § 32-2501

Historical Note

Adopted effective July 8, 1986 (Supp. 86-4). Amended effective April 22, 1998 (Supp. 98-2).

R4-17-102. Time-frames for Certifications and Approvals

A. For each type of certification, renewal of certification, or approval issued by the Board, the overall time-frame described in A.R.S. § 41-1072(2) is set forth in Table 1.

B. For each type of certification, renewal of certification, or approval issued by the Board, the administrative completeness review time-frame described in A.R.S. § 41-1072(1) is set forth in Table 1 and begins on the date the Board receives an application.

1. If the application is not administratively complete, the Board shall send a deficiency notice to the applicant.

a. The deficiency notice shall state each deficiency and the information needed to complete the application.

b. Within the time provided in Table 1 for response to the deficiency notice, the applicant shall submit to the Board the missing information specified in the deficiency notice. The time-frame for the Board to finish the administrative completeness review is suspended from the date the Board mails the deficiency notice to the applicant until the date the Board receives the missing information.

c. If the applicant does not submit the missing information within the time to respond to the deficiency notice set forth in Table 1, the Board shall send a written notice to the applicant informing the applicant that the application is deemed withdrawn.

2. If the application is administratively complete, the Board shall send a written notice of administrative completeness to the applicant.

C. For each type of certification, renewal of certification, or approval issued by the Board, the substantive review time-frame described in A.R.S. § 41-1072(3) is set forth in Table 1 and begins on the date the Board sends written notice of administrative completeness to the applicant.

1. During the substantive review time-frame, the Board may make one comprehensive written request for additional information. The applicant shall submit the additional information within the time provided in Table 1 for response to a comprehensive written request for additional information. The time-frame for the Board to finish the substantive review is suspended from the date the Board mails the request until the Board receives the information.

2. The Board shall issue a written notice informing the applicant that the application is deemed withdrawn if the applicant does not submit the requested additional information within the time-frame in Table 1.

3. The Board shall issue a written notice of denial of certification, renewal of certification, or approval if the Board determines that the applicant does not meet all of the substantive criteria required by statute or this Chapter for certification, renewal of certification, or approval.

4. If the applicant meets all of the substantive criteria required by statute and this Chapter for certification, renewal of certification, or approval the Board shall issue the certification, renewal of certification, or approval to the applicant.

D. In computing any period of time prescribed in this Section, the day of the act, event, or default shall not be included. The last day of the period shall be included unless it is Saturday, Sunday, or a state holiday, in which event the period runs until the end of the next day that is not a Saturday, Sunday, or state holiday. The computation shall include intermediate Saturdays, Sundays, and holidays. The time period for an applicant to respond to a deficiency notice or request for additional information shall commence on the date of personal service or the date of mailing.

Historical Note

Adopted effective April 22, 1998 (Supp. 98-2).

 

 

Table 1. Time-frames (in days)

Type of License

Overall
Time-frame

Administrative Review

Time-frame

Time to Respond to Deficiency Notice

Substantive Review

Time-frame

Time to Respond to Request for Additional Information

Temporary Certification

R4-17-203

120

30

365

90

90

Certification

R4-17-204

120

30

365

90

270

Renewal of Certification

R4-17-206

30

30

Not later than Sept. 30 of each year

Not

applicable

Not

applicable

Approval of Delegation of Authority for Schedule II or Schedule III

controlled substances

R4-17-301

120

30

60

90

30

Approval of Notification of Supervision

R4-17-303

120

30

60

90

30

Historical Note

Adopted effective April 22, 1998 (Supp. 98-2).

 

ARTICLE 2. PHYSICIAN ASSISTANT CERTIFICATION

R4-17-201. Physician Assistant Student Training Registration Exemption

A. A physician assistant student who wishes an exemption from regular certification while in the course of an approved physician assistant training program in accordance with A.R.S. § 32-2521(B)(3)(a) shall provide the following information to the Board at least 10 days before beginning the clinical phase of the training program, on an application form provided by the Board:

1. Physician assistant student's full name, current complete address, and date of birth;

2. Consistent with the Board's statutory authority, such other information as the Board may deem necessary to fully evaluate the student's application; and

3. A notarized sworn statement by the student verifying the truthfulness of the information provided.

B. In addition to the requirements of subsection (A), a physician assistant student applying for an exemption from regular certification shall have the physician assistant program dean or director execute and directly submit to the Board a notarized physician assistant program certification on a form provided by the Board that certifies the following:

1. The student is currently engaged in a physician assistant training program;

2. The name of the program;

3. The date the program was approved for physician assistant training by CAAHEP; and

4. The student's training commencement date and anticipated date of completion.

Historical Note

Adopted effective July 8, 1986 (Supp. 86-4). Section R4-17-201 renumbered to R4-17-202; new Section adopted effective April 22, 1998 (Supp. 98-2).

R4-17-202. Certifying Examination

A. An applicant for certification as a physician assistant shall pass the PANCE.

B. An applicant who presents a certificate issued by the NCCPA that shows the applicant passed either the PANCE or the NCCPA recertification examination within the six-year period preceding presentation of the certificate to the Board shall be deemed to have met the requirement of A.R.S. § 32-2521(A)(2).

Historical Note

Adopted effective July 8, 1986 (Supp. 86-4). Section repealed; new Section R4-17-202 renumbered from R4-17-201 and amended effective April 22, 1998 (Supp. 98-2).

R4-17-203. Temporary Certification of a Physician Assistant

A. An applicant for temporary certification as a physician assistant shall submit the following information on an application form furnished by the Board:

1. Applicant's full name and social security number;

2. Applicant's mailing and office addresses;

3. Applicant's home and office phone numbers;

4. Applicant's birth place and date of birth;

5. Names of the states or provinces in which the applicant has been granted a certification, registration, or license as a physician assistant, including certificate number, date issued, and current status of the certification;

6. Whether the applicant has had an application for certification, registration, or licensure to perform health care tasks denied or rejected by another state or province licensing board, and if so, an explanation;

7. Whether a health care provider has taken an action against or placed a restriction or limitation upon the applicant, or whether the applicant has been placed on probation or academic probation while the applicant was participating in a training program, and if so, an explanation;

8. Whether the applicant has been charged with a violation of a statute, rule, or regulation of any domestic or foreign governmental agency, and if so, an explanation;

9. Whether the applicant has been found guilty or entered into a plea of no contest to a felony, or misdemeanor involving moral turpitude in any state, and if so, an explanation;

10. Whether an action has been initiated against the applicant by or through any medical board or association, and if so, an explanation;

11. Whether the applicant has been placed on probation or had a certification to perform health care tasks revoked, suspended, limited, restricted, voluntarily surrendered, or canceled during an investigation or instead of disciplinary action, or entered into a consent agreement or stipulation, and if so, an explanation;

12. Whether the applicant has had hospital privileges revoked, denied, suspended, or restricted, and if so, an explanation;

13. Whether the applicant has been named as a defendant in a malpractice matter that resulted in a settlement or judgment against the applicant in excess of $20,000, and if so, an explanation;

14. Whether the applicant has been convicted of Medicare or Medicaid fraud or received sanctions, including restriction, suspension, or removal from practice, imposed by an agency of the federal government, and if so, an explanation;

15. Whether the applicant has had the authority to prescribe, dispense, or administer medications limited, restricted, modified, denied, surrendered, or revoked by a federal or state agency, and if so, an explanation;

16. Whether the applicant has a chronic ailment communicable to others, and if so, an explanation;

17. Whether the applicant has a medical condition that impairs or limits the applicant's ability to safely practice a health care task within the scope of practice of a physician assistant, and if so, an explanation;

18. Whether the applicant, within the last 10 years, has been diagnosed with or treated for bi-polar disorder, schizophrenia, paranoia, or any other psychotic disorder, and if so, an explanation;

19. Whether the applicant has, since attaining the age of 18 or within the last 10 years, whichever period is shorter, been admitted to a hospital or other facility for the treatment of bi-polar disorder, schizophrenia, paranoia, or any other psychotic disorder, and if so, an explanation;

20. Whether the applicant has taken a leave of absence, other than for pregnancy, during the applicant's physician assistant training program, preceptorship training, or other practice, and if so, an explanation;

21. Applicant's whereabouts and nature of practice since graduation from physician assistant training to present, indicating the exact month, date, and year for each;

22. Consistent with the Board's statutory authority, such other information as the Board may deem necessary to fully evaluate the applicant; and

23. A records or documentation release and a sworn statement by the applicant verifying the truthfulness of the information provided by the applicant and that the applicant has not engaged in any acts prohibited by Arizona law or Board rules.

B. In addition to the application form, an applicant for temporary certification shall submit the following:

1. Certified photocopy of the applicant's birth certificate or the applicant's passport;

2. Certified evidence of legal name change if the applicant's legal name is different from that shown on the document submitted in accordance with subsection (B)(1);

3. Photocopy of any certificate of release from the U.S. military or public health service or, if applicable, a letter from any commanding officer setting forth the dates of active duty, assignments, and anticipated date of release from active duty;

4. Photocopy of the applicant's diploma awarded upon successful completion of a physician assistant training program or a letter from the program that provides the date of the applicant's successful completion;

5. A form provided by the Board, completed by the applicant, that lists all current or past employment with medical agencies or supervising physicians within the five years preceding the date of application or since graduation from a physician assistant program, if less than five years, including the agency or physician name, address, and date of employment;

6. An affidavit completed and subscribed under oath by the applicant that certifies the applicant has received a copy of, read, and will comply with the laws and rules governing the performance of health care tasks by physician assistants in Arizona; and

7. The required fee.

C. In addition to the requirements of subsections (A) and (B), an applicant for temporary certification shall have the following directly submitted to the Board:

1. Letter verifying the applicant's registration for the NCCPA certifying examination from the NCCPA;

2. All of the forms included with the application which are to be completed by persons other than the applicant, including the disciplinary investigation form for the Federation of State Medical Boards, the physician assistant training program certification, and the verification of certification/licensure/registration, completed by the appropriate parties; and,

3. Medical agency of employment/supervising physician form provided by the Board and completed by the applicant's supervising physicians for the five years preceding the date of application.

D. Prior to being granted a temporary certification by the Board, an applicant for a temporary certification shall enter into a written agreement with the Board in which the applicant agrees to perform health care tasks only in settings where the supervising physician practices medicine at the same geographic location at all times. The temporary certification shall terminate six months from the date of issuance, upon the issuance of a permanent certificate, or immediately upon the physician assistant failing the NCCPA certification examination, whichever occurs first.

Historical Note

Adopted effective July 8, 1986 (Supp. 86-4). Section repealed; new Section adopted effective April 22, 1998 (Supp. 98-2).

R4-17-204. Certification of Physician Assistant

A. An applicant for certification as a physician assistant shall submit an application on a form furnished by the Board that provides the information required by R4-17-203(A).

B. In addition to the application, an applicant for certification shall submit the documents and information required by R4-17-203(B):

C. In addition to the requirements of subsections (A) and (B), the applicant shall have the following directly submitted to the Board:

1. A copy of the applicant's certificate of successful completion of the NCCPA examination and the applicant's examination score provided by the NCCPA;

2. A form provided by the Board, completed and signed by the Coordinator of the Disciplinary Data Bank, The Federation of State Medical Boards, that includes the applicant's full name and address, birth date, physician assistant training program name and location, and date of the applicant's degree or graduation for purposes of a disciplinary search.

3. A form provided by the Board, completed, signed, and authenticated by seal or notarization by the director or administrator of the physician assistant program that granted the applicant a physician assistant degree, that includes the applicant's full name, type of degree, name of program, date the applicant's degree was granted, date of the applicant's matriculation, and a 2 1/2" by 3" passport type photo of the applicant taken within 60 days of the date of application and endorsed across the front by the applicant's signature. The program shall also provide the following information:

a. Whether the applicant was required to repeat any segment of training;

b. Whether any action was taken against or restriction, limitation, including probation or academic probation, was placed upon the applicant while the applicant was participating in the training program;

c. Whether the applicant was counseled regarding performance or behavior in the training program;

d. Whether the applicant took a leave of absence, other than for pregnancy, during the applicant's training program or preceptorship;

e. Whether the student has a chronic ailment communicable to others;

f. Whether the applicant has a medical condition that in any way impairs or limits the applicant's ability to safely practice any type of health care tasks within the scope of practice for physician assistants;

g. Whether, within the last 10 years, the applicant was diagnosed with or treated for bi-polar disorder, schizophrenia, paranoia, or any other psychotic disorder;

h. Whether the applicant, since attaining age 18 or within the last 10 years, whichever period is shorter, was admitted to a hospital or other facility for the treatment of bi-polar disorder, schizophrenia, paranoia, or any other psychotic disorder; and

i. Whether the student's final evaluations in every category rated at least satisfactory. If not, the program shall attach a photocopy of the evaluation and a written explanation.

4. A verification of certification/licensure/registration, on a form provided by the Board, completed, signed, and authenticated by seal or notarization by the board of each state in which the applicant holds or has held certification, licensure, or registration as a physician assistant. The verification shall provide the name of the state, the applicant's name, the program from which the applicant graduated, the applicant's certification or registration number and its date of issuance, any endorsement, and whether the certification, license, or registration is current. The state board shall also provide the following information:

a. Whether the applicant was placed on probation or the applicant's certificate/license/registration was revoked, suspended, limited, restricted, voluntarily surrendered, or canceled during an investigation or, instead of disciplinary action, if the applicant entered into a consent agreement or stipulation;

b. Whether the applicant has a chronic ailment communicable to others;

c. Whether the applicant has a medical condition that in any way impairs or limits the physician assistant's ability to safely practice any type of health care tasks within the scope of practice for physician assistants;

d. Whether, within the last 10 years, the applicant was diagnosed with or treated for bi-polar disorder, schizophrenia, paranoia or any other psychotic disorder; and

e. Whether the applicant, since attaining age 18 or within the last 10 years, whichever period is shorter, was admitted to a hospital or other facility for the treatment of bi-polar disorder, schizophrenia, paranoia, or any other psychotic disorder.

5. A medical agency of employment/supervising physician form provided by the Board, completed, signed, and authenticated by seal or notarization by all medical agencies or supervising physicians where the applicant is currently employed or was employed in the last five years. The form shall provide the name of the medical agency or supervising physician, date of the applicant's employment, names, locations, and date of each hospital, office, or clinic where the physician is or was assigned. The medical agency or employing/supervising physician shall also provide the following information:

a. Whether the applicant was placed on probation or academic probation or an action, restriction, or limitation was taken against the applicant while the applicant was in the agency's or physician's employment;

b. Whether the applicant was counseled regarding performance or behavior while in the agency's or physician's employment;

c. Whether the applicant took a leave of absence, other than for pregnancy, while in the agency's or physician's employment;

d. Whether, to the agency's or physician's knowledge, the applicant had a chronic ailment communicable to others;

e. Whether, to the agency's or physician's knowledge, the applicant had a medical condition that in any way impaired or limited the applicant's ability to safely practice any type of health care tasks within the scope of practice for physician assistants;

f. Whether, to the agency's or physician's knowledge, within the last 10 years, the applicant was diagnosed with or treated for bi-polar disorder, schizophrenia, paranoia, or any other psychotic disorder; and

g. Whether, to the agency's or physician's knowledge, the applicant, since attaining age 18 or within the last 10 years, whichever period is shorter, was admitted to a hospital or other facility for the treatment of bi-polar disorder, schizophrenia, paranoia, or any other psychotic disorder.

Historical Note

Adopted effective July 8, 1986 (Supp. 86-4). Section repealed; new Section adopted effective April 22, 1998 (Supp. 98-2).

R4-17-205. Continuing Education

A. During each state fiscal year, a physician assistant shall complete the 20 credit hours of continuing medical education required by A.R.S. § 32-2523. One hour of credit shall be allowed for each clock hour of participation in approved continuing medical education activities, unless otherwise designated in subsection (B).

B. Approved continuing medical education activities include the following:

1. Education for an advanced degree in a medical or medically-related field at a teaching institution approved by the AMA, the Association of American Medical Colleges, American Osteopathic Association, or American Academy of Physician Assistants. One credit hour may be claimed for each full day of study. Less than full-day study shall be claimed on a pro-rata basis.

2. Research at a teaching institution approved by the AMA, Association of American Medical Colleges, American Osteopathic Association, or CAAHEP. One credit hour may be claimed for each full day of research. Less than full day research shall be claimed on a pro-rata basis.

3. Education certified as Category I by an organization accredited by ACCME, CAAHEP, the AMA, the American Academy of Physician Assistants, and the American Osteopathic Association.

4. Medical educational programs designed to provide necessary understanding of current developments, skills, procedures, or treatments related to the performance of health care tasks, provided by organizations or institutions that have not been accredited by ACCME, CAAHEP, AMA, the American Academy of Physician Assistants, and the American Osteopathic Association.

5. Serving as an instructor of physician assistant students, house staff, other physician assistants, or allied health professionals from a hospital or institution with a formal training program, where the instructional activities will provide the participants with necessary understanding of current developments, skills, procedures, or treatments related to the performance of health care tasks. One credit hour may be claimed for each full day of instruction without regard to the number of times the instructional activities have been taught. Less than full-day instruction shall be claimed on a pro-rata basis.

6. Publication or presentation of a paper, report, or book that deals with current developments, skills, procedures, or treatments related to the performance of health care tasks. Credit hours shall be claimed only once for materials presented. Credit hours shall be claimed as of the date of publication or presentation. One credit hour may be reported for each hour of preparation, writing, and presentation.

7. Credit hours may be claimed on the basis of one credit hour for each full day of an activity for any of the following activities that provide necessary understanding of current developments, skills, procedures, or treatments related to the performance of health care tasks:

a. Completion of a physician assistant education program based on self-instruction using videotapes, audiotapes, films, filmstrips, slides, radio broadcasts, or computers;

b. Independent reading of scientific journals and books;

c. Preparation for NCCPA certification or recertification examinations; or,

d. Participation on a staff committee, quality of care, or utilization review in a hospital, institution, or government agency.

C. If a physician assistant fails to meet the requirements of this Section due to illness, military service, medical or religious missionary activity, residence in a foreign country, or other extenuating circumstance, the Board may grant, on an individual basis, an extension of time to complete the continuing education upon receipt, at least 30 days before expiration of the physician assistant's current certification, of a written request from the physician assistant that details the reasons for the extension request.

Historical Note

Adopted effective April 22, 1998 (Supp. 98-2).

R4-17-206. Renewal of Certification

A. To renew certification, a physician assistant shall submit an affidavit of completion of continuing education on a form provided by the Board that provides the following information regarding the physician assistant, and the continuing medical education completed by the physician assistant and events affecting the physician assistant during the previous year:

1. Physician assistant's Arizona certificate number;

2. Physician assistant's social security number;

3. Physician assistant's DEA number, if the physician assistant has one, the date it was issued, and the date it expires;

4. Physician assistant's full name;

5. Physician assistant's office and home addresses;

6. Physician assistant's office and home phone numbers;

7. Physician assistant's medical directory/mailing addresses;

8. Physician assistant's current supervising physician and the physician's address;

9. The physician assistant's specialty field of practice;

10. Whether the physician assistant maintains current NCCPA certification;

11. Whether the physician assistant has been named as a defendant in a malpractice matter that resulted in a settlement or judgment against the physician assistant in excess of $20,000, and if so, an explanation;

12. Whether the physician assistant has been convicted of Medicare or Medicaid fraud or was sanctioned, disciplined, or entered into an agreement with a state or federal agency concerning a denial, limitation, restriction, suspension, or revocation of the physician assistant's certification, or rehabilitation or removal from practice and if so, an explanation;

13. Whether the physician assistant's ability to prescribe, dispense, or administer medications has been limited, restricted, modified, denied, surrendered, or revoked by a federal or state agency, and if so, an explanation;

14. Whether the physician assistant has a chronic ailment communicable to others, and if so, an explanation;

15. Whether the physician assistant has a medical condition that impairs or limits the physician assistant's ability to safely perform any type of health care tasks within the scope of practice for physician assistants, and if so, an explanation;

16. Whether the physician assistant was diagnosed with or treated for bi-polar disorder, schizophrenia, paranoia, or any other psychotic disorder, and if so, an explanation;

17. Whether the physician assistant was admitted to a hospital or other facility for the treatment of bi-polar disorder, schizophrenia, paranoia, or any other psychotic disorder, and if so, an explanation;

18. Whether the physician assistant has taken a leave of absence during the physician assistant's practice other than for pregnancy, and if so, an explanation;

19. Whether the physician assistant has been treated for use or misuse of any chemical substance, and if so, an explanation;

20. Consistent with the Board's statutory authority, such other information as the Board may deem necessary to fully evaluate the physician assistant; and

21. Dated and sworn statement by the physician assistant verifying that during the past certificate year, July 1 through June 30, the physician assistant completed a minimum of 20 hours of Category I continuing medical education in accordance with R4-17-205.

B. Prior to renewal of certification, the Board may randomly select a number of affidavits of completion of continuing education to verify the accuracy of their contents and the acceptability of the programs attended. Physician assistants whose affidavits have been selected shall submit any additional information requested by the Board to assist in the verification.

C. For purposes of this Section, "ability to safely perform any type of health care tasks within the scope of practice for physician assistants" means:

1. The cognitive capacity to make appropriate clinical diagnoses and exercise reasoned medical judgments and to learn and keep abreast of medical developments,

2. The ability to communicate those judgments and medical information to patients and other health care providers with or without the use of aids or devices such as a voice amplifier, and

3. The physical capability to perform medical tasks such as physical examination and minor surgical procedures with or without the use of aids or devices such as corrective lenses or hearing aids.

D. For purposes of this Section, "medical condition" means physiological, mental, or psychological conditions or disorders; for example, orthopedic, visual, speech and hearing impairments; cerebral palsy; epilepsy; muscular dystrophy; multiple sclerosis; cancer; heart disease; diabetes; mental retardation; emotional or mental illness; specific learning disabilities; HIV disease; tuberculosis; drug addiction; and alcoholism.

Historical Note

Adopted effective April 22, 1998 (Supp. 98-2).

R4-17-207. Denial of Extension to Complete Continuing Education, Exemption from Registration, Temporary Certification, Certification, Recertification, or Cancellation of Certification

A physician assistant, physician assistant student, or applicant for certification as a physician assistant who is denied an extension to complete continuing education, exemption from registration, temporary certification, certification, recertification, or cancellation of certification may request a hearing to contest the matter by filing a written notice with the Board within 15 days of receipt of notice of the Board's action. A hearing shall be conducted in accordance with A.R.S. Title 41, Chapter 6, Article 6 and Article 10.

Historical Note

Adopted effective April 22, 1998 (Supp. 98-2).

R4-17-208. Expired

Historical Note

Adopted effective April 22, 1998 (Supp. 98-2). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 1569, effective March 31, 2005 (Supp. 05-2).

ARTICLE 3. SCOPE OF PRACTICE

R4-17-301. Delegation of Authority for Schedule II or Schedule III Controlled Substances

A. A supervising physician shall obtain Board approval to delegate authority to a physician assistant to prescribe, dispense, or administer Schedule II or III controlled substances. The supervising physician and the physician assistant shall submit an application on a form provided by the Board, that provides the following information:

1. Full name of the supervising physician, the physician's Arizona license number and date of issuance, the physician's work address and phone number, the physician's field of practice, board certification, and ABMS/AOA certification number, if applicable;

2. Whether the supervising physician's medical license has been revoked, placed on probation, restricted, or suspended either by agreement or otherwise in any state, and if so, an explanation;

3. Whether the supervising physician's Drug Enforcement Administration or state prescriptive permit has ever been denied, restricted, suspended, lost, or revoked, and if so, an explanation;

4. Whether the supervising physician maintains hospital privileges and whether the privileges have ever been denied, revoked, suspended, or limited, and if so, an explanation;

5. Whether the supervising physician supervises any other physician assistants and, if so, the names of the physician assistants supervised;

6. Full name of the physician assistant, the physician assistant's Arizona certification number, work address, and work telephone number;

7. Whether, at the time of the application, the supervising physician is subject to disciplinary action in any other state or country for an act or conduct that constitutes grounds for disciplinary action, and if so, an explanation;

8. Whether the physician assistant has ever had a physician assistant certification refused, suspended, or revoked by another state or country for reasons that relate to the physician assistant's ability to engage skillfully in the health care tasks of a physician assistant, and if so, an explanation;

9. Whether the physician assistant's Drug Enforcement Administration registration or state prescriptive permit has ever been denied, restricted, suspended, lost, or revoked, and if so, an explanation;

10. Whether the physician assistant maintains hospital privileges and whether the privileges have ever been denied, revoked, suspended, or limited, and if so, an explanation;

11. Whether the supervising physician is delegating authority to prescribe, dispense, and administer Schedule II or III controlled substances, or both;

12. Consistent with the Board's statutory authority, such other information as the Board may deem necessary to fully evaluate the supervising physician and the physician assistant; and

13. Statement signed by both the supervising physician and physician assistant certifying that both have read and will abide by the law and rules governing the practice of a physician assistant, including prescribing, dispensing, and administering drugs, that the supervising physician accepts responsibility for supervising the physician assistant and that the physician assistant may not prescribe, dispense, or administer drugs until the supervising physician receives approval of the application.

B. The Board shall approve an application to delegate authority to prescribe, dispense, or administer Schedule II or Schedule III controlled substances if the information submitted pursuant to subsection (A) and evidence produced by the physician assistant shows:

1. The physician assistant has the training and experience in the therapeutic use of controlled substances as prescribed by the federal Controlled Substances Act, 21 U.S.C. § 801 et seq., and the laws governing the dispensing of Schedule II and III controlled substances in Arizona, A.R.S. § 36-2501 et seq.;

2. The physician assistant's professional record in performing health care tasks contains no evidence of:

i. An advisory or disciplinary action for prescribing, dispensing, or administering a Schedule II or III controlled substance within the past year; or

ii. A restriction imposed by the federal Drug Enforcement Administration; and,

3. A supervising physician and the supervising physician's agents are present or can be easily in contact with the physician assistant by radio, telephone, or other telecommunication.

Historical Note

Adopted effective July 8, 1986 (Supp. 86-4). Section R4-17-301 renumbered to R4-17-302; new Section R4-17-301 adopted effective April 22, 1998 (Supp. 98-2).

R4-17-302. Drug Labels

All drugs dispensed by a physician assistant to whom the authority to dispense has been delegated by a supervising physician shall be labeled to show the following information:

1. Name and address of the dispensing physician assistant;

2. Name of the supervising physician;

3. Name of the supervising physician's agent supervising the prescribing of the drug, if applicable;

4. Name of patient;

5. Date dispensed;

6. Serial number of the prescription;

7. Name of the drug and directions for use; and,

8. Cautionary statements, if any, contained in the prescription.

Historical Note

Adopted effective July 8, 1986 (Supp. 86-4). Section repealed; new Section renumbered from R4-17-301 and amended effective April 22, 1998 (Supp. 98-2).

R4-17-303. Notification of Supervision

A. A physician assistant and supervising physician shall submit a notification of supervision on a form provided by the Board that provides the following information in addition to that required by A.R.S. § 32-2534:

1. The supervising physician's name, Arizona license number and issuance date, work address, telephone number, fax number, if applicable, field of practice, board certification, and if applicable, ABMS/AOA certification number and the date it was issued;

2. Whether the supervising physician's medical license has ever been revoked, placed on probation, restricted in any way, or suspended either by agreement or otherwise in any state, and if so, an explanation;

3. Whether the supervising physician's Drug Enforcement Administration registration or state prescriptive permit has ever been denied, restricted, suspended, lost, or revoked, and if so, an explanation;

4. Whether the supervising physician maintains hospital privileges and whether the hospital privileges have ever been denied, revoked, suspended, or limited in any way, and if so, an explanation;

5. Whether the supervising physician supervises any other physician assistants, and if so, the names of the physician assistants supervised;

6. Full name of the physician assistant, the physician assistant's Arizona certification number, work address, telephone number, and fax number, if applicable;

7. Whether the physician assistant has ever had a physician assistant certification, registration, or license refused, suspended, or revoked by another state or country for reasons that relate to the physician assistant's ability to engage skillfully in the health care tasks of a physician assistant, and if so, an explanation;

8. Whether the physician assistant's Drug Enforcement Administration registration or State prescriptive permit has ever been denied, restricted, suspended, lost, or revoked, and if so, an explanation;

9. Whether the physician assistant maintains hospital privileges, whether the privileges have ever been denied, revoked, suspended or limited in any way, and if so, an explanation;

10. Number of days and hours per week that the physician assistant expects to work under the supervision of the supervising physician;

11. Any other work addresses and phone numbers, including another supervising physician's name, if applicable, for the physician assistant;

12. Full names, Arizona license numbers, work addresses, and telephone numbers for the supervising physician's agents;

13. List of the health care tasks delegated to the physician assistant by the supervising physician;

14. Whether the physician assistant maintains a special permit or certification to take x-rays from the Medical Radiological Technology Board of Examiners;

15. Indication of the prescribing, dispensing, and administration authority delegated to the physician assistant by the supervising physician;

16. Certification, signed by the supervising physician, that assures that:

a. The supervising physician, the physician's agent, and the physician assistant are familiar with the statutes and rules regarding physician assistants;

b. The supervising physician accepts responsibility for supervising the physician assistant; and

c. The physician assistant may not perform any health care task until the supervising physician receives written approval of the notification of supervision;

17. Whether the physician assistant position is a full or part-time position, at a geographically separated site, or a request for transfer in supervision; and

18. Such other information as the Board deems necessary to fully evaluate the supervising physician and physician assistant.

B. The Board shall approve a physician to supervise a physician assistant only if the physician is engaged in the active practice of medicine.

C. If a physician assistant is supervised by more than one supervising physician, the physician assistant shall file a separate notification of supervision pursuant to subsection (A) for approval of the supervisory arrangement with each supervising physician.

Historical Note

Adopted effective July 8, 1986 (Supp. 86-4). Section renumbered to R4-17-304; new Section R4-17-303 adopted effective April 22, 1998 (Supp. 98-2).

R4-17-304. Reports

A. As part of an investigation by the Board or of an order of probation, the Board may require a supervising physician to submit weekly reports on the performance of a physician assistant supervised by the physician. The supervising physician's agent shall submit these reports during any period that the supervising physician is unavailable due to vacation, illness, or continuing medical education.

B. Within 15 days of termination of supervision of a physician assistant, the supervising physician shall report to the Board the reasons for and circumstances surrounding the termination.

Historical Note

Adopted effective July 8, 1986 (Supp. 86-4). Section R4-17-304 renumbered to R4-17-305; new Section R4-17-304 renumbered from R4-17-303 and amended effective April 22, 1998 (Supp. 98-2).

R4-17-305. Supervision

A. A supervising physician shall delegate health care tasks to a physician assistant if the supervising physician has training in those tasks and the supervising physician performs those tasks.

B. A physician assistant shall meet in person with the supervising physician at least once each week to discuss patient management. A physician assistant and supervising physician shall have additional meetings if the Board determines after reviewing the notification of supervision, that additional meetings are necessary. The additional meetings specified on the notification of supervision may be conducted by telephone or radio rather than in person.

Historical Note

New Section R4-17-305 renumbered from R4-17-304 and amended effective April 22, 1998 (Supp. 98-2).

ARTICLE 4. REGULATION

R4-17-401. Expired

Historical Note

Adopted effective July 8, 1986 (Supp. 86-4). Section R4-17-401 renumbered to R4-17-402; new Section R4-17-401 adopted effective April 22, 1998 (Supp. 98-2). Section expired under A.R.S. § 41-1056(E) at 11 A.A.R. 1569, effective March 31, 2005 (Supp. 05-2).

R4-17-402. Termination of Supervision

A. Termination of a physician assistant's supervision by a supervising physician shall not result in suspension or revocation of a physician assistant's certificate.

B. The Board shall immediately terminate a physician assistant's notification of supervision upon the suspension, revocation, or expiration of the physician assistant's certificate.

C. The Board shall immediately terminate a physician assistant's supervision by a supervising physician upon receipt by the Board of a summary suspension order, or a final order of the Board of Medical Examiners or the Board of Osteopathic Examiners that restricts, suspends, or revokes the supervising physician's license to practice medicine in Arizona.

D. The Board shall immediately remove a supervising physician's agent's name from the physician assistant's notification of supervision upon receipt by the Board of a summary suspension order or final order of the Board of Medical Examiners or the Board of Osteopathic Examiners that restricts, suspends, or revokes a supervising physician's agent's license to practice medicine in Arizona.

E. A physician assistant whose supervision by a supervising physician is terminated, or a supervising physician's agent whose name is removed from the physician assistant's notification of supervision by the Board in accordance with this Section, may request a hearing to contest the matter by filing a written notice with the Board within 15 days of receipt of notice of the Board's action. A hearing shall be conducted in accordance with A.R.S. Title 41, Chapter 6, Article 6 and Article 10.

Historical Note

Adopted effective July 8, 1986 (Supp. 86-4). Section R4-17-402 renumbered to R4-17-403; new Section R4-17-402 renumbered from R4-17-401 and amended effective April 22, 1998 (Supp. 98-2).

R4-17-403. Rehearing

A. A motion for rehearing shall be filed as follows:

1. Except as provided in subsection (B), any party in a contested case who is aggrieved by a decision of the Board may file a written motion for rehearing of the decision, specifying generally the grounds upon which the motion is based.

2. A motion for rehearing shall be served and filed no later than 15 days after service of the decision of the Board.

3. For purposes of this Section, "service" means personal delivery or mailing by certified mail to the party affected at the party's last known residence or place of business.

4. For purposes of this Section, the terms "contested case" and "party" shall have the same meaning as in A.R.S. § 41-1001.

B. If the Board makes specific findings that it is necessary for a particular decision to take immediate effect to protect the public health and safety, or that a rehearing of the decision is impracticable or contrary to the public interest, the decision may be issued as a final decision without opportunity for rehearing and shall be a final administrative decision for purposes of judicial review.

C. A written response to a motion for rehearing may be served and filed within 10 days after service of the motion by another party. The Board may require the filing of written briefs upon the issues raised in the motion and may provide for oral argument.

D. A rehearing of a decision may be granted for any of the following causes materially affecting the rights of the moving party:

1. Irregularity in the administrative proceedings by the Board, its hearing officer, or the prevailing party, or any ruling or abuse of discretion, that deprives the moving party of a fair hearing.

2. Misconduct of the Board, its hearing officer, or the prevailing party.

3. Accident or surprise that could have not been prevented by ordinary prudence.

4. Material evidence, newly discovered, which with reasonable diligence could not have been discovered and produced at the original hearing.

5. Excessive or insufficient penalties.

6. Error in the admission or rejection of evidence, or other errors of law that occurred at the hearing.

7. The decision is the result of a passion or prejudice.

8. The decision or findings of fact are not justified by the evidence or are contrary to law.

E. A rehearing may be granted to all or any of the parties and on all or part of the issues for any of the reasons set forth in subsection (D). The Board may take additional testimony, amend findings of fact and conclusions of law, or make new findings and conclusions, and affirm, modify, or reverse the original decision.

F. A rehearing, if granted, shall be only a rehearing of the question or questions with respect to which the decision is found erroneous, if separable. An order granting a rehearing shall specify with particularity the ground or grounds on which the rehearing is granted.

G. Not later than 15 days after a decision is rendered, the Board of its own initiative may order a rehearing for any reason that it might have granted a rehearing on motion of a party. After giving the parties or their counsel notice and an opportunity to be heard on the matter, the Board may grant a timely served motion for a rehearing, for a reason not stated in the motion. In either case, the Board shall specify in the order the grounds for the rehearing.

H. When a motion for rehearing is based upon affidavits, they shall be served with the motion. The opposing party has 10 days after service to serve opposing affidavits. This period may be extended for as many as 20 days either by the Board for good cause shown, or by the parties by written stipulation. The Board may permit reply affidavits.

Historical Note

New Section R4-17-403 renumbered from R4-17-402 and amended effective April 22, 1998 (Supp. 98-2).

 


Scott Cancelosi
Director
Public Services Division

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Arizona Administrative Code