24 Del. Admin. Code § 1700-13.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 1700-13.0 - Physician Assistants

13.1 Definitions:

13.1.1 Rules and Regulations governing Physician Assistant (PA) practice in the State of Delaware. For information relative to the following categories refer to 24 Del.C. Ch. 17:

13.1.1.1 Definition of Physician Assistants

13.1.1.2 Criteria for Licensure

13.1.1.3 Licensure Fee

13.1.1.4 Prohibited Practices

13.1.1.5 Discipline

13.1.1.6 Scope of Practice

13.1.1.7 Collaboration with Physician Assistants

13.1.1.7.1 The collaborating physician cannot be involved in patient care in name only and must be involved in active patient care on a regular basis. The collaborating physician must be available for consultation, during the patient encounter, to provide advice on the ongoing care of the patient.

13.1.1.7.2 A collaborating physician may not collaborate with more than 4 physician assistants at any given time unless granted an exemption by the Board. This limit does not apply to physician assistants who practice in the same physical office or facility building as the physician. The Board may issue an exemption to increase the number of physician assistants collaborating with a physician upon written application filed by the supervising physician demonstrating good cause for the request. Requests for exemption will be considered on a case-by-case basis. The requesting physician has the burden of demonstrating that the granting of an exemption will not endanger the public health, safety, or welfare.

13.1.1.7.3 Any physician desiring to collaborate with a physician assistant who is not licensed as an acupuncturist and who will perform acupuncture upon a patient shall make a medical evaluation of the patient and determine that acupuncture treatment is medically appropriate prior to the commencing of any acupuncture treatment by a physician assistant. Such evaluation will be made on the patient's initial contact with the physician without referral. A physician assistant employed by a physician for the purpose of administering an acupuncture treatment to patients shall not administer such treatment unless an initial evaluation by the physician has been made. In addition, no subsequent acupuncture treatments of a patient shall occur unless the physician has requested such treatment. No physician shall collaborate with a physician assistant who administers acupuncture treatment to patients unless the physician is proficient in the field of acupuncture and has assured himself that the physician assistant is also proficient in the administration of acupuncture treatment. A physician assistant who administers acupuncture treatment to patients at the direction of a physician shall administer such treatment only within the physical confines of the physician's office at such times when the physician is physically present on the premises and immediately available for consultation.

13.1.2 Legend - For the purpose of these rules and regulations the term "legend" is defined as any drug containing the statement "Caution: Federal law prohibits dispensing without prescription" required by section 503(b)(4) of the Federal Food, Drug, and Cosmetic Act as part of the labeling of all prescription drugs (and only such drugs). A "legend" drug is thus a prescription drug, III.B.3 and 24 Del.C. § 2502(26).

13.2 Biennial Renewal of License

13.2.1 Physician Assistants must renew their license on a biennial basis by payment of appropriate fees as established by 24 Del.C. § 1774A.

13.2.2 Completion of required renewal form, and submission of documentation of one hundred (100) hours of Continuing Medical Education (CME), 50 hours of Category 1 during every 2 year cycle. A licensee who submits proof of holding current certification from the NCCPA shall be deemed to have met this requirement.

13.3 Prescriptive Authority

13.3.1 Prescriptive authority for the therapeutic drugs and treatments will include the following:

13.3.1.1 PAs may prescribe legend medication including Schedule II-V controlled substances, as defined in the Controlled Substance Act, parenteral medications, medical therapeutics, devices and diagnostics. PAs may give verbal orders.

13.3.1.2 PAs may order and prescribe non-pharmacological interventions including: medical devices and durable medical equipment, nutrition, blood, and blood products; diagnostic and supportive services including home health care, hospice, and physical and occupational therapy. A PA may seek consultation regarding patient care.

13.3.1.3 PAs will be assigned a provider identifier number as outlined by the Division of Professional Regulation.

13.3.1.4 Controlled Substances registration will be as follows:

13.3.1.4.1 PAs must register with the Drug Enforcement Agency (DEA) and use such DEA number for controlled substance prescriptions.

13.3.1.4.2 PAs must register biennially with the Secretary of the Department of Health and Social Services in accordance with 16 Del.C. § 4732(a).

13.3.1.5 Prescriptions must include the printed or legibly handwritten name of the PA. Prescriptions shall be written in accordance with 24 Del.C. § 1764A and shall contain the following information clearly typed or written:

13.3.1.5.1 The name and phone number of the prescriber;

13.3.1.5.2 The name and strength of the drug prescribed;

13.3.1.5.3 The quantity of the drug prescribed;

13.3.1.5.4 The directions for the use of the drug;

13.3.1.5.5 Date of issue.

13.3.1.6 PA prescriptions must include the Division of Professional Regulation provider identifier number.

13.3.1.7 PA prescriptions for a controlled substance must include the PAs DEA number, as well as the Division of Professional Regulation provider identifier number.

13.3.1.8 PAs may request and issue professional samples of legend and over-the-counter medications. Professional samples must be labeled in compliance with 24 Del.C. § 2522(c).

24 Del. Admin. Code § 1700-13.0

26 DE Reg. 404 (11/1/2022) (Final)