N.D. Cent. Code § 43-17-02.1

Current through the 2023 Legislative Sessions

Section 43-17-02.1 - Physician assistant - Scope of practice

1. An individual providing services of a physician assistant as outlined in this chapter to a patient located in the state shall possess an active North Dakota license for physician assistant practice. The board shall adopt rules governing the conduct, licensure, fees, qualifications, and discipline of physician assistants. Physician assistants are not authorized to perform any services that must be performed by individuals licensed pursuant to chapters 43-12.1, 43-13, 43-15, and 43-28 or services otherwise regulated by licensing laws, notwithstanding medical doctors need not be licensed specifically to perform the services contemplated under such chapters or licensing laws.

2. A physician assistant may:

a. Provide a legal medical service for which a physician assistant is prepared by education, training, and experience and is competent to perform, including:

(1) Obtaining and performing a comprehensive health history and physical examination;

(2) Evaluating, diagnosing, managing, and providing medical treatment;

(3) Ordering and evaluating a diagnostic study and therapeutic procedure;

(4) Performing a diagnostic study or therapeutic procedure not involving the use of medical imaging as defined in section 43-62-01 or radiation therapy as defined in section 43-62-01;

(5) Performing limited sonography on a focused imaging target to assess specific and limited information about a patient's medical condition or to provide real-time visual guidance for another procedure;

(6) Educating a patient on health promotion and disease prevention;

(7) Providing consultation upon request; and

(8) Writing a medical order;

b. Obtain informed consent;

c. Supervise, delegate, and assign therapeutic and diagnostic measures not involving the use of medical imaging as defined in section 43-62-01 or radiation therapy as defined in section 43-62-01 to licensed or unlicensed personnel;

d. Certify the health or disability of a patient as required by any local, state, or federal program;

e. Authenticate any document with the signature, certification, stamp, verification, affidavit, or endorsement of the physician assistant if the document may be authenticated by the signature, certification, stamp, verification, affidavit, or endorsement of a physician; and

f. Pronounce death.

3. A physician assistant shall collaborate with, consult with, or refer to the appropriate member of the health care team as indicated by the condition of the patient, the education, experience, and competence of the physician assistant, and the standard of care. The degree of collaboration must be determined at the practice which may include decisions made by the employer, group, hospital service, and the credentialing and privileging systems of a licensed facility. A physician assistant is responsible for the care provided by that physician assistant and a written agreement relating to the items in this chapter is not required.

4. A physician assistant:

a. May prescribe, dispense, administer, and procure drugs and medical devices;

b. May plan and initiate a therapeutic regimen that includes ordering and prescribing nonpharmacological interventions, including durable medical equipment, nutrition, blood and blood products, and diagnostic support services, including home health care, hospice, and physical and occupational therapy;

c. May prescribe and dispense schedule II through V substances as designated by the federal drug enforcement agency and all legend drugs;

d. May not dispense a drug, unless pharmacy services are not reasonably available, dispensing is in the best interest of the patient, or an emergency exists;

e. May request, receive, and sign for a professional sample, and may distribute a professional sample to a patient; and

f. If prescribing or dispensing a controlled substance, shall register with the federal drug enforcement administration and shall comply with appropriate state and federal laws.

5. A physician assistant shall practice at a licensed health care facility, facility with a credentialing and privileging system, physician-owned facility or practice, or facility or practice approved by the board.

6. Notwithstanding subsections 3 and 5, a physician assistant with less than four thousand hours of practice approved by the board under subsection 5 shall execute a written collaborative agreement that:

a. Is between a physician and a physician assistant with less than four thousand hours practice;

b. Describes how collaboration required under subsection 3 must occur; and

c. Is available to the board on request.

7. A physician assistant shall comply with any privileging and credentialing systems at the facility at which the physician assistant practices.

N.D.C.C. § 43-17-02.1

Amended by S.L. 2023 , ch. 382( SB 2115 ), § 3, eff. 7/1/2023.

Amended by S.L. 2019 , ch. 355( HB 1175 ), § 3, eff. 8/1/2019.