| (a) Except as otherwise provided in this section, an
individual shall be licensed by the board before the individual may
function as a physician assistant. A license shall be granted to an
applicant who:
(1) submits an application on forms approved by the
board;
(2) pays the appropriate application fee as prescribed
by the board;
(3) has successfully completed an educational program
for physician assistants accredited by the Accreditation Review Commission
on Education for the Physician Assistant, Inc. (ARC-PA), or by that
committee's predecessor or successor entities, and holds a valid and
current certificate issued by the National Commission on Certification
of Physician Assistants ("NCCPA");
(4) certifies that the applicant is mentally and physically
able to function safely as a physician assistant;
(5) does not have a license, certification, or registration
as a physician assistant in this state or from any other licensing
authority that is currently revoked or on suspension or the applicant
is not subject to probation or other disciplinary action for cause
resulting from the applicant's acts as a physician assistant, unless
the board takes that fact into consideration in determining whether
to issue the license;
(6) is of good professional character as defined under §185.2(8)
of this title (relating to Definitions);
(7) submits to the board any other information the
board considers necessary to evaluate the applicant's qualifications;
(8) meets any other requirement established by rules
adopted by the board;
(9) must pass the national licensing examination required
for NCCPA certification within no more than six attempts; and
(10) must pass the jurisprudence examination ("JP exam"),
which shall be conducted on the licensing requirements and other laws,
rules, or regulations applicable to the physician assistant profession
in this state. The jurisprudence examination shall be developed and
administered as follows:
(A) The staff of the Medical Board shall prepare questions
for the JP exam and provide a facility by which applicants can take
the examination.
(B) Applicants must pass the JP exam with a score of
75 or better.
(C) An examinee shall not be permitted to bring medical
books, compends, notes, medical journals, calculators or other help
into the examination room, nor be allowed to communicate by word or
sign with another examinee while the examination is in progress without
permission of the presiding examiner, nor be allowed to leave the
examination room except when so permitted by the presiding examiner.
(D) Irregularities during an examination such as giving
or obtaining unauthorized information or aid as evidenced by observation
or subsequent statistical analysis of answer sheets, shall be sufficient
cause to terminate an applicant's participation in an examination,
invalidate the applicant's examination results, or take other appropriate
action.
(E) A person who has passed the JP Exam shall not be
required to retake the Exam for relicensure, except as a specific
requirement of the board as part of an agreed order.
(b) The following documentation shall be submitted
as a part of the licensure process:
(1) Name Change. Any applicant who submits documentation
showing a name other than the name under which the applicant has applied
must present certified copies of marriage licenses, divorce decrees,
or court orders stating the name change. In cases where the applicant's
name has been changed by naturalization the applicant should send
the original naturalization certificate by certified mail to the board
for inspection.
(2) Certification. Each applicant for licensure must
submit:
(A) a letter of verification of current NCCPA certification
sent directly from NCCPA, and
(B) a certificate of successful completion of an educational
program submitted directly from the program on a form provided by
the board.
(3) Examination Scores. Each applicant for licensure
must have a certified transcript of grades submitted directly from
the appropriate testing service to the board for all examinations
accepted by the board for licensure.
(4) Verification from other states. On request of board
staff, an applicant must have any state, in which he or she has ever
been licensed as any type of healthcare provider regardless of the
current status of the license, submit to the board a letter verifying
the status of the license and a description of any sanctions or pending
disciplinary matters. The information must be sent directly from the
state licensing entities.
(5) Arrest Records. If an applicant has ever been arrested,
a copy of the arrest and arrest disposition needs to be requested
from the arresting authority and that authority must submit copies
directly to the board.
(6) Malpractice. If an applicant has ever been named
in a malpractice claim filed with any liability carrier or if an applicant
has ever been named in a malpractice suit, the applicant must:
(A) have each liability carrier complete a form furnished
by this board regarding each claim filed against the applicant's insurance;
(B) for each claim that becomes a malpractice suit,
have the attorney representing the applicant in each suit submit a
letter directly to the board explaining the allegation, dates of the
allegation, and current status of the suit. If the suit has been closed,
the attorney must state the disposition of the suit, and if any money
was paid, the amount of the settlement. The letter shall be accompanied
by supporting documentation including court records, if applicable.
If such letter is not available, the applicant will be required to
furnish a notarized affidavit explaining why this letter cannot be
provided; and
(C) provide a statement, composed by the applicant,
explaining the circumstances pertaining to patient care in defense
of the allegations.
(7) Fingerprints. Each applicant must provide a complete
and legible set of fingerprints, on a form prescribed by the board,
to the board or to the Department of Public Safety for the purpose
of obtaining criminal history record information from the Department
of Public Safety and the Federal Bureau of Investigation;
(8) Additional Documentation. Additional documentation
as is deemed necessary to facilitate the investigation of any application
for licensure must be submitted.
(c) All physician assistant applicants shall provide
sufficient documentation to the board that the applicant has, on a
full-time basis, actively practiced as a physician assistant, has
been a student at an acceptable approved physician assistant program,
or has been on the active teaching faculty of an acceptable approved
physician assistant program, within either of the last two years preceding
receipt of an application for licensure. The term "full-time basis,"
for purposes of this section, shall mean at least 20 hours per week
for 40 weeks duration during a given year. Applicants who are unable
to demonstrate active practice on a full time basis may, in the discretion
of the board, be eligible for an unrestricted license or a restricted
license subject to one or more of the following conditions or restrictions
as set forth in paragraphs (1) - (4) of this subsection:
(1) completion of specified continuing medical education
hours approved for Category 1 credits by a CME sponsor approved by
the American Academy of Physician Assistants;
(2) limitation and/or exclusion of the practice of
the applicant to specified activities of the practice as a physician
assistant;
(3) remedial education; and
(4) such other remedial or restrictive conditions or
requirements which, in the discretion of the board are necessary to
ensure protection of the public and minimal competency of the applicant
to safely practice as a physician assistant.
(d) The executive director shall report to the board
the names of all applicants determined to be ineligible for licensure,
together with the reasons for each recommendation. An applicant deemed
ineligible for licensure by the executive director may within 20 days
of receipt of such notice request a review of the executive director's
recommendation by a committee of the board, to be conducted in accordance
with §187.13 of this title (relating to Informal Board Proceedings
Relating to Licensure Eligibility), and the executive director may
refer any application to said committee for a recommendation concerning
eligibility. If the committee finds the applicant ineligible for licensure,
such recommendation, together with the reasons therefore, shall be
submitted to the board. The applicant shall be notified of the panel
or committee's determination and given the option to appeal the determination
of ineligibility to the State Office of Administrative Hearings (SOAH)
or accept the determination of ineligibility. An applicant has 20
days from the date the applicant receives notice of the board's determination
of ineligibility Cont'd... |
